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2004 10 19 CCe4 4 #41MM City Council Agendas are Available on the City's Web Page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting Tuesday, October 19, 2004 - 2:00 P.M. Beginning Resolution No. 2004-1 10 Ordinance No. 410 CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, Perkins, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City. Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: Time permitting; the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when the Agency is considering acquisition of real property. 1. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF 16.03 ACRES LOCATED NEAR THE SOUTHWEST CORNER OF HIGHWAY 111 AND JEFFERSON STREET (APNs: 649-030-086, -087, AND -088). PROPERTY OWNER/NEGOTIATOR: MIKE DOBROTA. City Council Agenda 1 f October 19, 2004 RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION BY WINDERMERE REALTY AND CHICAGO TITLE CO. WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF SPECIAL MEETING OF SEPTEMBER 28, 2004 2. APPROVAL OF MINUTES OF OCTOBER 5, 2004 CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 19, 2004. 2. TRANSMITTAL OF TREASURER'S REPORT DATED AUGUST 31, 2004. City Council Agenda 2 October 19, 2004 3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT DATED AUGUST 31, 2004 AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2004. 4. APPROVAL OF OVERNIGHT TRAVEL FOR THE PUBLIC WORKS 'ASSOCIATE ENGINEER TO ATTEND THE FEMA ELEVATION CERTIFICATE WORKSHOP IN SAN LUIS OBISPO, CALIFORNIA, OCTOBER 27, 2004. 5. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM WINDERMERE REALTY AND CHICAGO TITLE COMPANY FOR THE ANNUAL TINY TOT CARNIVAL. 6. APPROVAL OF ART PURCHASE AGREEMENT WITH TOM McGRAW FOR OLD TOWN MURAL PROJECT. 7. APPROVAL OF PARTICIPATION IN THE SENIOR INSPIRATION AWARDS PROGRAM AND SELECTION OF CITY RECIPIENT. 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31681-1, CORAL MOUNTAIN AT ANDALUSIA, CORAL OPTION 1, LLC. 9. ADOPTION OF A RESOLUTION REGARDING BENEFITS CONTRIBUTION FOR MANAGEMENT, CONTRACT MANAGEMENT, AND CONFIDENTIAL EMPLOYEES. 10. ADOPTION OF A RESOLUTION AND AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION REGARDING BENEFITS CONTRIBUTION. 11. ADOPTION OF A RESOLUTION APPROVING THE RIVERSIDE COUNTY MULTI - JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN AS REQUIRED BY THE FEDERAL DISASTER MITIGATION AND COST REDUCTION ACT OF 2000. 12. APPROVAL OF FISCAL YEAR 2003/2004 CITY OF LA QUINTA ART IN PUBLIC PLACES ANNUAL REPORT. 13. APPROVAL OF FISCAL YEAR 2003/2004 CITY OF LA QUINTA DEVELOPMENT PROJECT FEE REPORT. 14. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 313101 SANTA ROSA DEVELOPMENT — MARKET RATE, 48T" AND ADAMS, LLC. 15. APPROVAL OF A TRI-PARTY AGREEMENT WITH THE COUNTY OF RIVERSIDE, CITY OF INDIAN WELLS, AND THE CITY OF LA QUINTA FOR THE MAINTENANCE OF THE TRAFFIC SIGNAL AND SAFETY LIGHTING AT THE INTERSECTION OF WASHINGTON STREET AND MILES AVENUE. 3 City Council Agenda 3 October 19, 2004 16. ACCEPTANCE OF CAPITAL IMPROVEMENT PROJECT NO. 2001-14 LA QUINTA FIRE STATION. . 17. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR CITY CLERK AND DEPUTY CITY CLERK TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL NEW LAW AND ELECTION SEMINAR TO BE HELD IN SAN DIEGO, CALIFORNIA, DECEMBER 8-11, 2004. 18. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE INTERIM COMMUNITY DEVELOPMENT DIRECTOR TO ATTEND THE 2004 CRA CAL-ALHFA AFFORDABLE HOUSING CONFERENCE TO BE HELD IN COSTA MESA, OCTOBER 27-28, 2004. BUSINESS SESSION 1. CONSIDERATION OF GEOMETRIC LAYOUT FOR VILLAGE ROUNDABOUT RECONSTRUCTION. A. MINUTE ORDER ACTION 2. CONSIDERATION OF LIBRARY MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF RIVERSIDE AND CITY OF LA QUINTA. A. MINUTE ORDER ACTION 3. CONSIDERATION OF INVESTMENT ADVISORY BOARD 2004/2005 WORK PLAN. A. MINUTE ORDER ACTION 4. CONSIDERATION OF AN APPEAL BY WAL-MART STORES, INC., REGARDING MINOR USE PERMIT 2004-536, TO ALLOW 62 METAL CONTAINERS FOR THE TEMPORARY STORAGE OF HOLIDAY MERCHANDISE FROM OCTOBER 1, 2004 THROUGH DECEMBER 31, 2004, ON THE SOUTH AND EAST SIDES OF THE EXISTING SUPER WAL-MART CENTER, LOCATED AT 78-950 HIGHWAY 1 1 1, WITHIN THE CENTRE AT LA QUINTA. APPELLANT: WAL-MART STORES, INC. (MICKEY ANDERSON). A. MINUTE ORDER ACTION 5. SECOND READING OF ORDINANCE NO. 409 APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC. A. ADOPT ORDINANCE NO. 409 ON SECOND READING City Council Agenda 4 October 19, 2004 4 STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (ADOLPH) 5. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 6. C.V. MOUNTAINS CONSERVANCY (SNIFF) 7. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 8. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 9. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 10. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 11. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 14. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 15. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 16. CULTURAL ARTS COMMISSION MINUTES OF JULY 8 AND SEPTEMBER 9, 2004. 17. COMMUNITY SERVICES COMMISSION MINUTES OF JULY 12 AND SEPTEMBER 81 2004. 18. INVESTMENT ADVISORY BOARD MINUTES OF JULY 14, 2004. 19. HISTORIC PRESERVATION COMMISSION MINUTES OF AUGUST 19, 2004 20. ARCHITECTURE AND LANDSCAPING COMMITTEE MINUTES OF SEPTEMBER 8, 2004. 21. PLANNING COMMISSION MINUTES OF SEPTEMBER 14, AND 28, 2004. DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2, CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS B. SELECTION OF COMMUNITY SERVICES COMMISSIONER 4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT FOR SEPTEMBER, 2004 5. COMMUNITY DEVELOPMENT DIRECTOR'S MONTHLY REPORT FOR SEPTEMBER, 2004 6. COMMUNITY SERVICES DIRECTOR'S REPORT FOR SEPTEMBER, 2004 7. FINANCE DIRECTOR'S REPORT - NONE 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT FOR SEPTEMBER, 2004 9. POLICE CHIEF'S MONTHLY REPORT FOR SEPTEMBER, 2004 10. FIRE CHIEF'S QUARTERLY REPORT - NONE City Council Agenda 5 October 19, 2004 MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speaker's podium. 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 the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta City Council before a public hearing may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any 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 Clerk at, or prior to the public hearing. 1. CONTINUED PUBLIC HEARING TO ADOPT RESOLUTIONS CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2004-502 AND SUBDIVIDING 8.08 ACRES INTO 33 RESIDENTIAL LOTS FOR TENTATIVE TRACT MAP 32225, FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF MADISON AND AVENUE 58. APPLICANT: VINCE D'AMBRA. A. RESOLUTION ACTION (S) City Council Agenda 6 October 19, 2004 2. CONTINUED PUBLIC HEARING TO ADOPT RESOLUTIONS CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2004-513; ESTABLISHING DESIGN AND DEVELOPMENT PRINCIPLES FOR SPECIFIC PLAN 2004-072; AND SUBDIVIDING 110.9 ACRES INTO 392 SINGLE FAMILY LOTS, A 10-ACRE COMMERCIAL LOT AND MISCELLANEOUS. LOTS FOR TENTATIVE TRACT MAP 32398, FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF MONROE STREET AND AVENUE 60. APPLICANT: ROBERT SCHUMACHER. A. RESOLUTION ACTION 3. PUBLIC HEARING TO ADOPT RESOLUTIONS OF THE CITY COUNCIL CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2004-511; SPECIFIC PLAN 2004-073 ESTABLISHING DEVELOPMENT STANDARDS, PRINCIPLES, AND GUIDELINES: AND TENTATIVE TRACT MAP 31874 FOR THE SUBDIVISION OF 40 ACRES INTO 102 RESIDENTIAL LOTS FOR PROPERTY TO BE ANNEXED INTO THE CITY OF LA QUINTA, LOCATED AT THE NORTHWEST CORNER OF MONROE STREET AND AVENUE 53. APPLICANT: STONEFIELD DEVELOPMENT, INC. A. RESOLUTION ACTION(S) 4. PUBLIC HEARING TO ADOPT RESOLUTIONS OF THE CITY COUNCIL CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2004-521 AND APPROVING AN AMENDMENT TO THE GENERAL PLAN, HOUSING ELEMENT UPDATE. A. RESOLUTION ACTION(S) ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on November 2, 2004 commencing with closed session at 2:00 p.m. and open session at 3:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. City Council Agenda 7 October 19, 2004 7 DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of Tuesday., October 19, 2004, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on Friday, October 15, 2004. DATED: October 15, 2004 JUNE S. GREEK, CIVIC, 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- 7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. City Council Agenda 8 October 19, 2004 I/. LVVT 1L• ill Ill , No. My r. I D1, BUILDING INDUSTRY ASSOCIATION DESERT CHAPTER Phone 760-360-24761 Fax 760-772-3372 E-mail: bia0deserchaRter.com October 19, 2004 Mr. John Falconer Finance Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear John: VIA FACSIMILE Thank you for the additional information in regards your annual 66000 report. As noted in earlier correspondence, we have concern about the $135,900 future commitment for Highway 111 Landscape modification listed in the Arts in Public Places portion of the report. Although we understand'the expenditure adjacent to LG's, we don't feel that any expenditure in the median strip should be funded by the AAP. The materials you sent me -on Civic Center Campus expenditures include a bill for $2,400 to replace the Quail Family bronze sulpture which was stolen. It is not the responsibility of the AAP to replace stolen or damaged sculptures. The City should have insurance for this use. We would appreciate adjustments to the AAP expenditures cited above. As to the Library, page 6-3 of the May 1999 Maximus.study shows the city is responsible for $1,756,000 of the cost of the new library which was set at $7,161,250 which means the city is responsible for about 24% of the cost, yet your percent covered by fees shows the mitigation fund paying 84.17%. As I have told you, I will be making a speech in Palm Springs when the Council considers the 66000 report, so I would appreciate it if you would make our concerns known to 111, a Council. i6 /' "From the desk of" John M. Falconer p o Finance Director a'(��• 4 cv OF 78-495 Calle Tampico - La Quinta, CA 92253 (760) 777-7150 FINANCE DEPARTMENT FACSIMILE TRANSM17 TAL FAX NUMBER RE. 000 Apa✓7t, FROM: . Our FAX NUMBER:" 760.777.7105 OPERATOR: OPERATOR'S PHONE NUMBER: — TOTAL NUMBER OF PAGES:. (INCWDING COVER SHEET) DATE SENT: foliq I m L/ coMrrENrs:_ rl�., sue. 4�1)4_ �kCIL now..+••-•.�. � �� rc�+ c,� �A-� `7 ? 7 — 7 t o� r.:f 10/19/2004 TUE 11:01 FAX 760 777 7105 Finance, La Quinta 0001 ********************* *** FAX TX REPORT *** TRANSAIISSION OR JOB NO. 1464 DESTINATION ADDRESS 97723372 PSWD/SUBADDRESS DESTINATION ID ST. TIME 10/19 10:54 USAGE T 07' 21 PGS. 22 RESULT OR U0. M YUU4- I : 41 VM No.0543 P. 1/1 BUILDING INDUSTRY ASSOCIATION DESERT CHAPTER Phone 760-360-2476 / Fax 760-772-3372 E-mail: bijt@desertchapter.com October 18, 2004 Mr. John Falconer VIA FACSB41LE Finance Director 78-495 Calle Tampico La Quinta, CA, 92253 Dear John: Your 66000 report got lost on my desk and I am late in responding. I have two comments: On the library expenditures, I don't see where the city's 24.2% share is being paid. On the Art fee, I would like to know what the Civic Center Campus expenditure is for and I don't understand the "Future Commitment" in Hwy 111 Landscape modification has to do with Art Thanks for your help. Ed Citv of La Ouinta - Development Imnact Fee Stud E. IMPACT FEES Table 6-2 converts the per capita costs in Table 6-1 to impact fees per unit of development. Because population is used as the demand variable in this case, library impact fees apply only to residential development. Table 6-2 Standardized Imnact Fees - Libraries i.and T e� U�t�ts of D velo,�;a pnient ;r � Ys�puahnit.erf ice; } r C'o dera3 f p� r,ei�me .� 3 _.4 > a.. �. :�% ::". •� "'>.�.. :.'.e r�• L i .'?. £3. YiY J .'.t '� —Yn,. 'sty S ��Z'.,�i':�` Residential SFD DU 3.00 $74.62 $225 Residential SFA DU 2.10 $74.62 $158 Residential MFO DU 2.75 $74.62 $206 Table 6-3 projects total revenue from the library impact fees. That is the amount, in current dollars, that would be collected from future development to pay for library improvements through build. out, at the recommended fee levels. Table 6-3 Proiected Impact Fee Revenue from Future Develoument 3nit *" . X�Jkkli Residential SFD DU $225 13,691 $3,080,475 Residential SFA DU $158 7,276 $1,149,608 Residential MFO DU $206 450 $92,700 Office/Hospital KSF $0 1,780 $0 General Commercial KSF $0 3,819 $0* Tourist Commercial Room $0 703 $0 Public Facilities Acre $0 55 $0 Schools Acre $0 0 $0 Parks Acre $0 103 $0 Golf Courses Acre $0 1,341 $ 4,322,783 4 See Table 2-1, Note 2 S See Table 6-1 6 Fee r unit of development = population per p p p per unit of development x cost per capita. Fees rounded to nearest dollar. Note that these fees have been increased by a factor of 0.0053 to incorporate the cost of this study (See Executive Summary) 7 See Table 6-2 9 See Table 2-2 9 Impact Fee Revenue = impact fee per unit of development x future units of development January, 2002 Page 6-3 4448844 L-b-A -L J-L A 4 .P .A �a�a ��.►� ay. -4 -4 -4 -4 000 O 000 0 N N N N N N N O O O O Cn Cn Cn Cn Cn Cn Cn Cn Cn Cn (n Cn Cn Cn W 6 4) 6 (O (O (0 tO iQQsiOoo �`'w00000 Nbb� o oo o < XW00000 -Iprnwr O D mm00000 o 0CM00a _ �igZz-1-4- CD D M-1-1 D m>f� z z 0 m X M -1-4-1-4 -n�7mOOOO c v z r� mmz 0 C� o� r o mmQ0000 z aoc Z zz a7wom cc 00 mm� g �y 0 zz z(A00 m o vv ��zm D cn �Znv7 <m C DV 0 Vim r z z z r to m r , 1.7 C 0 b 0 -► N c0 K) )DO 0)cnn 0W C X G)C- VV�Cn N CA) (0$$000 Om (000)0 � 400) (no �00 OoD_o� -CO O--A -q-q 0 0 0 O O N .(WOO�POCVn CA 0 N o 0 o o N m x T CA m 'v cn cn v�X CA cn o �nj X PO.WOVO-hco c CN71000 (N71 d000Qb0o 0 0 0 O m C710b0 cn N N N O O O N Cn 4 �(�pWWp -+�N�ppCO O� J00 C� cni�-4000 _(OnN WOO) Od�aa +(00(o O V D-4ONO,o,c"r � mo 0000)OCn h. —I CA)00 pp 0 0 0 0 0 pp 0 0 0 0 0 0 0 x M z N cJ ... C � v 4 0o oCco cn Cho C. c�0 C�c -LOOOOOCn (n VOOOO-f o000(000 CA V0000-4 � 'U cn -o �N �Dm CO W D " 4 0) CO Cn K) J O) N` CO 00 pp F)G)O � m 0 .� -IOAA W0000CA) �000:(0co m 0 booboo o 0 0 0 CD O N co (D 0 0 0( O C cn z -► -� w -LN00 0) Cnv DX OtIVCnIVO 0 4_(4 00-^_CA �-� cn00)0 0 JoC(D(0000 zZ coo0000 W o V O N 0 0 0 n MC 0) 0 -► W C)N oobo� abbb'vbb 3000((oo00 m 000OW d 0 � � N 50 nm n jD0 X inn4 1 ' V• F 5 Q�Q �pO I? ,Dv`m 7 'mom 0 O 7Z � z nQ A A A A A O O O O CD O O 0 0 6g66 V V V V V V V OCSOOOOO 0 N N N N N N N 00 T T CnCn�Cn�wCn cn CA CA 0 m 0co W W W W cc co co ,6 o b Cl N-+--�-a V AO O OO < XWnnnnn 8Arnr m mmzzzzz �Cmor" z4 c 4 o m0 cz c�0 0 0 0 "n D-n. � --�� mmz-�� - z Ca)- � mm�nc000 aoc Z 0� z zz to tocncn cc 0Omm� v_ {D v zz zvnp m vvZO -1zzmo<m C y o cn Q - r z �z z to m r Cn W N �"��► V 0 N O CO 0 O CA W Cn A O N _� O (t��, ... ap -4C C7tAW WCWC Cb �j OO O �m O coo �D�--. -�O Cf DO ci m N V N -4 W co OOO)VOOCL) �CCOOC4J1 �0 NO VO.CVn �n o O O Cn00000 00000 co0C)0w N N m T z N N In C.< T rn cn c A X �o cNi rn zSOX o M �� ,c�Aow0000w ,cM oog ca cn o0000 m m co oC)CD A W A �• 0Opvp A N�CpOppp CnN AcCW` No C� pOOop OtO C� CO A woo CO V COA00V W 0-► G)Se 0 W o0 -+V0VOOC� V V00 O O O p O O O O O Co 0 00000 O O Co Co 0 0 0 X T W C4 InT� c: N 0o co ) N z:<� 0 -I O OD ccoo z o V CA�tA7� N OWo -4CCO A A zp� co Cr O O V O- 0) A (D Co CD G A '0000mw (nnoco w oow 'C 'U � � m ;u N 0� m `m N CO -4 0)CnW Amn ccn ccn i� N mn 7 QNQ�� p A WO VO —(D � „-, .CA CDacn Q A 7 CA N V O g O C C Co O O O O O N � in N 6 6 to O O N A W C (n Cn -► CO --► N N cC -4cn O W m D C71 CA A A V O O & . m C Cn OD AOCA) V owv- �C4 Cn-400aWW zz 00 a C) Cz m 4 0z m ti _. -4Oo 4 J�0000 0N m -4 O0� V COUNCMJRDA MEETING DATE: August 17, 2004 ITEM TITLE: Approval to Award a Contract to Sierra Landscape, Inc., to Construct the Highway 111 Landscape Modifications at La Quinta Court , Project No. 2004-01 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: ' RECOMMENDATION: Approve a contract in the amount of $75,740 to : Sierra Landscape, Inc. to construct the Highway 111 Landscape Modifications at La Quinta Court, Project No. 2004-01. FISCAL IMPLICATIONS: The following represents the approved project funding source: Art -in Public Places (APP) Fund $135,900.00 Based upon the low bid in the amount of $75,7401 the following represents the anticipated project budget: Construction: $75,740.00 Inspection/Test/Survey: $9,000.00 Administration: $5,300.00 Professional: $ 5,000.00 Contingency (10%): $40,860.00 Total: $13 5, 900.00 CHARTER CITY IMPLICATIONS: None. S:\CityMgr\STAFF REPORTS ONLY\C 14 HWY 111.doc BACKGROUND AND OVERVIEW: At the December 17, 2002 City Council meeting, the City Council directed staff to review the landscaping around the La Quinta Court artwork, on the southeast corner of Washington Street and Highway 1 1 1. On April 15, 2003, the City Council authorized staff to solicit quotes for the design portion of the modifications to the -La Quinta-Court artwork and authorized the City Manager to enter into a Professional Services Agreement (PSA) with a landscape architect in an amount not to exceed $10,000. On May 29, 2003, the City entered into an Agreement with Ray Lopez Associates to provide two concepts 'for modifications to the Landscape portion of the La Quinta Court artwork. At the July 10, 2003 meeting, the Cultural Arts Commission reviewed and recommended Concept 1 with slight modifications to incorporate the dry well bed and meandering sidewalk from Concept 2. Concept 3 was provided for City Council consideration at the August 5, 2003 City Council meeting. City Council's direction was to reduce the number of plants in the' landscape area, consider adding tile to the fountain, provide an interesting walkway with some type of pavement amenity such as pavers, stamped concrete or aggregate to be continued to the median -island or "pork chop" area, within the State right-of-way. As a condition of the La Quinta Court project, the developer is.required to complete landscape improvements for the median island. Currently, the location is designed to contain decomposed granite with a sidewalk through the middle with small boulders in the decomposed granite on either side. Although not included in the original scope of work, the Cultural Arts Commission also requested that either landscaping or some type of hardscape be added to the median island at this location; however, there is . no irrigation to this location. Planting material in this area would not be possible without extending. irrigation into the State right-of-way. Any -changes to the median island design would therefore require Caltrans approval. On August 19, 2003, the City- Council approved the, conceptual design for the La Quinta Court project and directed staff to proceed with the median island improvements area as a separate project. On June 15, 2004, the City Council appropriated $135,900 from the City's Art in Public Places Fund, approved the project plans, specifications, and engineer's S:\CityMgr\STAFF REPORTS ONLY\C 14 HWY 111 Am 2 estimate and authorized staff to advertise the Highway 111 Landscape Modifications Adjacent to LG's Steakhouse, Project No. 2004-01. On August 5, 2004, two sealed bids were received for the construction of this project. Sierra Landscape, Inc. of Palm Desert, submitted the .lowest responsive bid in the amount of $75,740.00, which is 28.5% below the Engineer's Estimate. The following represents the project schedule: City Council Award of Contract August 17, 2004 Execute Contracts and Mobilize August 18 - 31, 2004 Construction 145 Consecutive Calendar Days) September 7 - October 21, 2004 Project Close-out/Acceptance November 2004 FINDINGS AND ALTERNATIVES. The alternatives available to the City Council include: 1. Approve a contract in the amount of $75,740 to Sierra Landscape, Inc. to construct the Highway. 1.11 Landscape Modifications at La Quinta Court, Project No. 2004-01; or 2. Do not approve a contract in the amount of $75,740 to Sierra Landscape, Inc. to construct the Highway - 111 Landscape Modifications at La Quinta. Court, Project No. 2004-01; or 3. Provide staff with alternative direction. Respectfully. submitted, T' othy R. J as o , P.E. Public Wor irec or/City Engineer Approved for submission by: /00 Thomas P. Genovese, City Manager Attachment: 1. Bid Summary S:\CityMgr\STAFF REPORTS ONLY\C 14 HWY 111.doc K? ATTACHMENT 1 Highway 111 Landscape Modifications Adjacent to LG's Steakhouse Project Number 2004-01 Bid Comparison Summary ITEM NO. rTEM DESCRIPTION EST. QTY. UNIT ENGINEER'S ESTIMATE 1 Mobilization 1 LS $10,000.00 $10 000.00 2 Demolition Clear and Grub 1 LS $7 968.00 $7 968.00 3 PCC Sidewalk 2200 SF $3.00 $6 600.00 4 Epoxy Ag regate Resurfacing 2,200 SF $10.80 $23,760.00 5 Fine Grading 8,300 SF $0.12 $996.00 6 amaerops HUM111S - 15 U51155 Mediterranean Fan Palm 5. EA $132.00 $660.00 7 15 Gallon Shrubs 4 EA $90.00 $360.00 8 5 Gallon Shrubs 125 EA $42.00 $5 250.00 9 Golden Barrel Cactus. 18 EA $54.00 $972.00 10 "Desert Gold Fines" 5,000 SF. $0.66 $3,300.00 11 Shot Rock -Baja Cresta Stone 4" to 8" diameter, laminated for wetted look 950 SF $12.00 ' $11 400.00 12 3' Diameter Boulders -1/3 Buried 10 EA $270.00 $2 700.00 13 4' Diameter Bolders -1/3 Buried 16 EA $390.00 $6 240.00. 14 Ispecifications 5' Diameter Boulders - Install per and details 3 EA I $540e-001 $.1 620.00 15 Irrigation System 1 LS $18 426.00 $18 426.00 SIERRA LANDSCAPE $15 000.00 $15 000.00 $6,500.00 $6,500.00 $6.00 $13,200.00 $7.00 $15,400.00 $0.20 $1,660.00 $100.00 $500.00 $100.00 . $400.00 $18.00 $2,250.00 $80.00 $1,440.00 $0.60 . $3,000.00 $3.40 $3,230.00 $180.00. $1,800.00 $260.00 $4,160.00 $400.00 $1200.00 F$6,000.001 $6 000.00 l 1 V 1 AL: *IUO,Z*Z.v0 $75,740.00 One additional contractor submitted a bid proposal. However the bid was declared "Nonresponsive'' due to the contractor's failure to acknowledge Addendum No. 2. � n C it o a QtInta HOME DEPOT CREDIT SERVICES 36 CHECK NO. DATE INVOICE ACCOUNT DESCRIPTION 01./24/04. 8560110 401-1694-551-34.04 SUPPLIES 01/08/04 4130836 401-16397551-45.03 SUPPLIES 02/20/04 1581103 101-7004-431-56.52 SUPPLIES 02/20/04 1581102 101-7004-431-56.52 SUPPLIES 02/24/04 100456 101-7004-431-56.52 SUPPLIES 02/23/04 8011593 101-7004-431-56.52 SUPPLIES 02/25/04 6011728 101-7004-431-56.52 SUPPLIES 02/25/04 6021782 101-7004-431-56.52 SUPPLIES 02/27/04 4561656 101-7003-431-56.52 SUPPLIES 02/27/04 4571635 101-7004-431-56.52 SUPPLIES 03/01/04 1012157 101-7004-431-56.52 SUPPLIES 03/03/04 9022376 101-7004-431-56.52 SUPPLIES 03/02/04 0152081 101-7003-431-56.52 SUPPLIES 03/04/.04 8022462 101-7004-431-56.52 SUPPLIES 03/04/04' 8241873 101-7603-431-56.52 SUPPLIES 03/04/04 8012422 101-7003-431-56.52 SUPPLIES u i P.O. BOX 1504 78-495 CALLE TAMPICO �F^r LA QUINTA, CA 92253 OF TK�� (760) 777-7150 PAY TO HOME DEPOT CREDIT SERVICES THE DEPT 32-2501378768 ORDER P 0 BOX 6031 OF THE LAKES NV 88901-6031 WELLS FARGO BANK, 11-2411210 181 DATE 03/10/2004 57690 03/10/2004 AMOUNT 60 234.0 _65. 82.28 10.69 216.74 229.45 863.37 57.85 478.12 68.89 75.55 160.17 2 .56 13.96 110.03 2,677.94 57690 CHECK NO. AMOUNT $****2,677.94 AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE uo00005?G9011' 1: L-2 L000 2481: 4 Z59 28 248 21I' :ri M _n m m I !D m OOOOON P �� PO 0 O (�1 � v c n � a v C- ��ovoo n 3 D Oin o o c cc..J}11 c 888888 � R � � mm8mm W �" � mmmmmmmmm X r ZR- r 1p LA �A I q� pOp O A Op ap LA ,.� W V N N N N N N � y ♦ O O- u N r pp• pO p W 8 W O O m b m b iD r 4 yy� ^^�� NV ` s � m D ..� �. (7 w i �Vp �1 V -I �Vp �Vp Vp �Vp tl + + 1 S V S Av v V ry N N O j V V V V V 1p �"� :i p�p N V O A A A A A A A A o mgo T.n 31 M � _�._�flrflflflflfl M r O r C m C C C C.0 C C o flfl V� 4Ji25F4 r O 3 10 m .. D r p C�6O C Z •/�i r 017 i � C o = c gggggggig� 88888 o (� 3� pp g. . ..g. . .g .ggr.g . .g ..g . . 8888888.88888 Oq aoAA A m fa nm�nmmmn vVV V.r4V.,vV�-4 -� a �� 40 oo� 8a"o`8 00000 a`Do400 a Im mo+•a�aa.��a��om 0v.-4-4-4-4 -4 i-4 �� 2 r Litt' of a Quinta PRE004 - PRECISION WATERJET Date Invoice Account Description 10/29/01 5951.1 401 639 610 657 PANELS 56080 56080 10/30/03 Amount 6456.48 6456.48 1150 5 6080'r 1: L 2 L 000 2 481:4 L 5 9 2824132,10 q C. 10/29-/2003 12:22 7142894449 PRECISION WATEI?JET PACE 02/02 INV0XCE PRXCISIMT WATZRX= INC. 6 3 5 ANGUS AV M ORANGE, . CA 92 8 6 8 -1314 PHONE a 714-289-4445 PAX : 714-289-4449 CITY OF LA QUINTA COM HUNITY SERVICES PO BOX 1504 LA QUINTA, CA 92253 INVOICE NO : INVOICE DATE s CUSS NO SHIP TO: CITY OF LA QUINTA COMMUNITY SERVICES PO BOX 1504 LA QUINTA, CA .92253 .5951.1 16-29-03 CITY SHIP VIA s MODERN EXPRESS P.O. Nm(BER : VERBAL DODI SHIP DATE : 10-29-03 P.O. DATE a 10-17-03 DD$ ]DATE : 10 - 2 9 - 0 3 JOB/ORD29 -NO : 2 0 04 / 2 TERMS = COD - - - - - - - - - - - - - - - - SALESPERSON s DAN VAN HOFWEGEN - - - - - w - - - - - - - - - - - - - -- DeScription Ordered - - - - - - - - - Shipped - - •- - - - -' w - - - - - - r - - Unit Price - - - - •• - - - Amowat ---�.------w --------r ------ w ----� � ---r- r ----.mow------ w -.. �---- .�-------ram--- PANELS..USCG 1.00 1.00. 92.1000 92.10- PANELS USAF 1.00 1.00. 771.9000 771.90 PANELS US ARMY 1.00 1.00 2657.1000 2657.10 PANELS US MARINES 1.00 1.00 739.5000 739.50 PANELS SPORTS. FIGURE 1.00 1.00 327.6000 327.60 PANELS USN 1.00 1.00 621.7000 621.70 ARTISTS 1.00 1.00 243.9000 243.90 PANEL SET UP CHARGE 1.00 1.00 400.0000 400.00 DE,LxVERY CHARGE .1.00 1.00 180.'0100 180.01 TO BILL WARE U ° OCT 3 0 2003 C SCEQulN7q DeP7: Sales Tax 422.67 Total Invoice 6456.48 PURCHASE ORDER CITY OF LA QUINTA P.O. BOX 1504, LA QUINTA, CA 92253 (760) 777-7000 "HIP TO 78-495 Calle Tampico, La Quinta, CA 92253 (760) 777`4000 78-450 Ave. La Fonda La Cluirda, CA 92253 (7W) 564-OM 78-160 Francis Hack i�ane, La QuInta, CA 92253 (760) 777-7075 FENDOR NAME and ADDRESS: 41 CAf q tji Y. 071 IMPORTANT Show above Purchase Order number on all d*#v containers and correspondence. This u = Sdoa'N o'n s 'Niom on the face hereof. VwxW Number. )ATE DATE DELIVERY REQUIRED F.O.B. POINT TERMS TEM QUANTITY REQUIRED QUANTITY RECEIVED UNIT DESCRIPTION WAREHOUSE STOCK NUMBER UNIT PRICE AMOUNT J 4 '7 �j 70 SALES TAX it Prepared By Director or Autlwr4ted Person - TOTAL NSTRUCTIONS TO VENDOR 1. Submit all invoices In DUPLICATE and mail to the attention of the Finance Dept P.O. Box 1504-,* La Qujr*, CA 92253 2. Separate Invoice must be submitted for each purchase order. 3. Delivery must be prepaid to destination Indicated unless otherwise stated. PURCHASE ORDER EXCEEDING $999.99 IS NOT VALID Signature :Date UNLESS" SIGNED BY THE FINANCE DEPARTMENT DEPARTMENT USE ONLY V Section 3.12240 of the La Ouinta Mwd*W Code states that purchase orders In an amount greater Om $2.501 And Im dw $MOOD re**W3 Inlormal bids. N the amount of this Purchase Order Is between $2.50110 $25.000 please Id the 3 vsndors cw*acbd and Ow Mos quoted. wmw PURCHASE ORDER CITY OF LA OUINTA P.O. BOX 1504, LA QUINTA, CA 92253 (760) 777-7000 ►HIP TO 78495 Cale Tampico, La Quints, CA 9=53 (760) m-7000 78-450 Ave. La Fonda, La QuInta, CA 92253 (760) 564-OM 78-160 Francis Hack Lane, La Ou1Ma, CA 92253 (760) 777-7075 'ENDOR NAME and ADDRESS: �nr , 00761 IMPORTANT Stow &boys PurcMse Older number on A stti Vft containers and �"~ con sspondence. "T "' Own«, u,e taoe ---Of. Vendor Number. LATE DATE DELIVERY REQUIRED F.O.B. POINT TERMS TEM QUANTITY ED REQUIRSTOCK RECEIVED UNIT DESCRIPTION WARS NUMBER UNIT PRICE AMOUNT r) ; t� i W(� ��U(f q ).t, SALES TAX Prsparod BY. Dmokbrat Director or. NNW 10 TOTAL NSTRUCTIONS TO VENDOR 0 , r 1. Submit all invoioes in DUPLICATE and mail to the attention of the. Finance Dept. P.O. Box 150C;IL.a Ou�, PA 92253 t. Separate invokes must be submitted for each purchase order. ' ,f' 1. Delivery must be prepaid to destination indicated unless otherwise stated. PURCHASE ORDER EXCEEDING $999.99 IS NOT VALID r S; & reIlDate UNLESS SIGNED BY THE FINANCE DEPARTMENT A. DEPARTMENT USE ONLY Section 3.12.240 of do La Quints Mmidpal Coale states that purohase orders in an amount gnaw than $2.501 and las than $25,000 require 3 idonml bids. f to amount d this Purdwee Order k betvwan $2.501 fo $25,000 phase 1st Ow 3 vendors cm"ded -and Mw price quoted VENDOR PRICE QUOTE ITEMS ACCOUNT NUMBERS AMOUNT TOTAL AA City Quints ' _ WAR025 WILLIAM WARE Date Invoice Account 10/02/03 401 639 610 657 IN Description ART PURCHASE 55714 55714 10/02/03 Amount 2400.0 2400.00 its 0 5 5 7 ILow is 12 L000 248i:4 IS 9 28 248 20 �etum check to req uestor Mail check Name / Tile of person requesting check Department individual is associated with: Date check required by: COMM. Se:V-Voa::,-S 4�"A ' 2-00.-2 Check payable to: iSk- %- l Q � (Name) (venaor no.) r Check description and invoice number: Describe emergency in detail: Amount: $ 1 400 .. 0-0 Account Number: Project Nu 1 OCT 0 2 1003 D CITY OF IN QUINTA FINANCE DEPT_ 43-v Yin o�r k aas v��=As tcx w�vvsew�t William Ware -Artist 7389.1 Masson Street Palm Desert, Ca 92260 Phone & Fax: 760-340-5024 Email:.WilliamWare22(&,aol-com September 19, 2003 Dodie Horvitz 78-495 Calle Tampico City of LaQuinta, CA 92253 Dear Dodie, S E P 19 2003 ( The "Quail Family" bronze sculpture was installed Sept. 19, 2003. Please send paymerit of $2400. to the address above. Thank you, William Ware BY- B ACCOUNT NO.� DESCRIPTION ,I��Ir Oro �a"� � i. 1 d ID & 0. OCT 0 2 2003 CITY OF LA QUINTA FINANCE PERT. 0 IMAM Woir4m.. A ma"4m� &-as %gap %�l3�I amon Str wet. PRIM Desert, CA 9ZZ+60 Prune & Fax: 760-340-5024 Emaal: �ii�aMWareZ2t7aaol.com Aftwt I Io, -1903 Owlie ctty of LISQUIS12 *1 cak Tamoko 'IAQW*atm, CA 92253 TIMS ISM7 ft 16. M9=s#t fVgdS M&eded 19 r0pince the bromm Motber quail and -ew of -the bob sftk% ITM 000 the SeMmkOpwo **# _vc.wI . ptarva in &0 UQUINts ParL I want to have dwm In pint for the Vacrons Day (-Nov. Ily C The tout 9=1 to mcnat the bronze, re lefts amckmat to present futuft thdt, Aud iWallation coact, vnR be-$ Pumm call with &uy qmSdeft or coaftrus VARkm Were Aug— 18,-03 02 : 12P ware 760 340 5024 P.O1 William Ware -Artist 73891 Masson Street Palm Desert, CA 92260 Phone & Fax: 760-340-5024 Email: WI* Ilia mWare22@laol.com August 11, 2003 Dodie Horvitz City of LaQuinta 78-495 Calle Tampico LaQuinta, CA 92253 Dear Doti ie. Thin letter is to request funds needed to replace the bronze mother quail and one of the babies stolen from one the -acknowledgement sculptures in the LaQuinta Park. I want to have them in place for the Veterans Day (Nov. 11 ) festivities. C��ST The total cost to re -cast the bronze, re -design attachment to prevent future theft, and installation cost, will be $2400,.-- Please call with any questions or concerns Sincerely, William Ware COUNCEURDA MEETING DATE: OCTOBER 19, 2004 ITEM TITLE: Demand Register Dated October 19, 2004 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR I STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated October 19, 2004 BACKGROUND: Prepaid Warrants: 60429 - 604791 180,071.88 60480 - 605061 138,652.75 60507 - 605131 7,250.26 60514 - 605161 352,858.55 VOIDS} (35,668.57) Wire Transfers} 718,777.46 P/R 32335 - 323601 148,365.37 P/R Tax Transfers} 41,801.69 Payable Warrants: 60517 - 606521 3,432,949.85 $4,985,059.24 FISCAL IMPLICATIONS: Demand of Cash - City $4,46%969.45 D and o Cash - RDA $515,089.79 o . Falconer, Fi ance Director �7 CITY OF LA QUINTA BANK TRANSACTIONS 9/30/04 - 10/14/04 9 /30/04 WIRE TRANSFER - VISTA DUNES 9 /30/04 WIRE TRANSFER - VISTA DUNES 10 /08/04 WIRE TRANSFER - ICMA 10 /08/04 WIRE TRANSFER - PERS 10 /07/04 WIRE TRANSFER - PERS MEDICAL INS 10 /04/04 WIRE TRANSFER - DEBT SVC LQ FINANCING AUTHORITY 10 /07/04 WIRE TRANSFER - VISTA DUNES 10 /11/04 WIRE TRANSFER - VISTA DUNES 10 /12/04 WIRE TRANSFER - VISTA DUNES 10 /13/04 WIRE TRANSFER - RDA ESCROW TOTAL WIRE TRANSFERS OUT $28,258.00 $21,000.00 $7,873.99 $13,935.91 $51,849.31 $501,890.00 $27,970.25 $10,000.00 $31,000.00 $25,000.00 $718,777.46 iq 10 O M 1 I O, NO 0 N I- 0 to O. 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BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated August 31, 2004 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Respectfully submitted, ohn M. FalcoAer, Finance Director Approved for submission by: .Ozl� -� Thomas P. Genovese, City Manager Attachments: 1. Treasurer's Report, City of La Quinta t 9 ATTACHMENT 1 Iry MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for August 31, 2004 DATE: September 27, 2004 Attached is the Treasurer's Report for the month ending August 31, 2004. 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: Cash (3) $ (2,991,545: LAW 21,553,263 US Treasuries (2) 132,380,612 US Gov't Agencies (2) 27,396,298 Commercial Paper (2) Corporate Notes Mutual Funds 6,073,884 Total $ 184,412.512 Purchased Notes Sold/Matured Other Ending Change $ 11,378,421 (1) $8,386,876 $11,378,421 0 (11,750,000) 9,803,263 (11,750,000) 126,761 132,507, 373 126,761 _ (16,458) 27,379,840 (16,458) 0 0 0 0 1 1,496,480 4,577,404 1,496,480 $ 11,378,421 $ 13,246,48pjL§ 110,303 $ 182,654,756 $ 1,757,756 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. John M. Falconer Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. 7/Z-7/° � Date (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. .1 o o 9 1 o 1 1 0 Z Z Z Z Z Z Z W N � O O L a a v �w V LL LL cc N �T I LO I E� N Q� N O N p� S M cc VIA N I N p� S IaE BE !. 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W d m Q C m N C C y N N CUB c LL c 0 E yelsm o M— LL LL N gi d �LL`U �zv . �aa_3D2 F- f_ City of La Ouirtte Ritoa cifin ion of Aawl and Supks Funds City, RedevabpnwM Agency.and Fsla ,Urq Auft ty Aup at 31. 2004 Balance of Actual Fwds 182.654.756 Less Pony cash Furls (1,000) Less Non4urpkrt Funds (8,329.618) lass trarteter kom I / IF -eat. Accounts P 225 sconce of SwOA Funds 5174.099.140 City Cash A Mrve Want Bank Accounts Name - Availability Tm Book Web Fargo - Demand No Chad" 8.329.616 Petry Cash - Demand No WA 1,000 Web F - Demand Yes Chacking S6 Total • Bank Accounts 118,306.876 U. S. Treasury Mrorarad Custodian • Ava*"tv SurolusItsenr/T Value Bank of Now Yak - Deerrtd Yes U.S. Treasury Note 5.003,503 Bank of New York • Demand Yes U.s, Treasury Note 4,981,793 Bank of New York - Demand Yes U.S. Treasury Note 4,960.547 Banc of Now York - Demand Yes U.S. Treasury Note 5,007.962 Bank of Nov York - Demand Yes U.S. Treasury Note 3,982,596 Banc of Now York - Demand Yes U.S. Treasury NOW 5,012.956 Bank of New York - Demand Yes U.S. Treasury Note 4,984.511 Banc of Nov Yak • Demand Yes U.S. Treasury Note 3,964,028 Bank of New York • Danurnd Yes U.S. Treasury Note 073 Toth - U.S. T 42,900 971 U.S. Govan nwvt Securities Cuslodian - Availability Surplus Issuarri'me Amorls od Value Bank of Now York • Demand Yes FARM CREDIT 5,054.041 Bank of Now Yak - Demand Yes FHLB 2,013.713 Bank of New York - Demand Yes FHLB 2,021,243 Banc of Now York - Demand Yes FHLB 2,371,865 Bank of Now Yak • Demand Yes FHLB 1,014.292 Bank of Now York - Demand Yes FNMA-Oiwant 4.978,025 Bank of New York - Drturd Yes Frrid*Moc 7,517,930 Bank of Nov Yak - Demand Yes FreddsMse - Discount 2108 741 11 Total - U.S. Govenstte It SOCIN"s 1 27,379,e40 Local Agency WirestmentFund Neste • Availability SurDlum TvDQ LAIF - City - Deand Yes Sbte Pool Total CityInvet4nenb Total City Cash A Invesunnrtte Fiscal A imestmante Sumium Suro v" Yes $ S S 58 56 S 56.2e0 $ S 56,260 SuAch r plus Surplus Yea rat 5.003.503 s.aoaso3 4,9e1,793 1,961,793 4,980.547 1,960.547 5.007.962 5,007,982 a9e2,s96 a96z,�6 s.ou.9se 5,012,95e 4,11B4,S11 4,984,5/1 3.964,02e a964,02e 5003 73 073 42.900,971 - 42.900,971 Adl Surplus Surpkrs Yet Yes 5,054,041 5,054,041 2,01a713 2.013,713 2,021,243 2,021,213 2,371,86s 2.371,085 1,014282 1,014,282 4,976,025 4,978,025 7,517,830 7,517,930 2 40e 711 2 408 741 As Funds ! Surpus Actual % ' Yes i i i i I I I 23.1875% 121.W 17% pk SuAd rplus Suru A. Fc+ds Surpus No No Actual % Yea 04 27,379,840 27,379.0 14.9M% 15.7208% Surplus SuAch r plus Surplus Yea rat 5.003.503 s.aoaso3 4,9e1,793 1,961,793 4,980.547 1,960.547 5.007.962 5,007,982 a9e2,s96 a96z,�6 s.ou.9se 5,012,95e 4,11B4,S11 4,984,5/1 3.964,02e a964,02e 5003 73 073 42.900,971 - 42.900,971 Adl Surplus Surpkrs Yet Yes 5,054,041 5,054,041 2,01a713 2.013,713 2,021,243 2,021,213 2,371,86s 2.371,085 1,014282 1,014,282 4,976,025 4,978,025 7,517,830 7,517,930 2 40e 711 2 408 741 As Funds ! Surpus Actual % ' Yes i i i i I I I 23.1875% 121.W 17% pk SuAd rplus Suru A. Fc+ds Surpus No No Actual % Yea 04 27,379,840 27,379.0 14.9M% 15.7208% Surplus plus Surplus Yea rat 5.003.503 s.aoaso3 4,9e1,793 1,961,793 4,980.547 1,960.547 5.007.962 5,007,982 a9e2,s96 a96z,�6 s.ou.9se 5,012,95e 4,11B4,S11 4,984,5/1 3.964,02e a964,02e 5003 73 073 42.900,971 - 42.900,971 Adl Surplus Surpkrs Yet Yes 5,054,041 5,054,041 2,01a713 2.013,713 2,021,243 2,021,213 2,371,86s 2.371,085 1,014282 1,014,282 4,976,025 4,978,025 7,517,830 7,517,930 2 40e 711 2 408 741 As Funds ! Surpus Actual % ' Yes i i i i I I I 23.1875% 121.W 17% pk SuAd rplus Suru A. Fc+ds Surpus No No Actual % Yea 04 27,379,840 27,379.0 14.9M% 15.7208% Surplus Surpkrs Yet Yes 5,054,041 5,054,041 2,01a713 2.013,713 2,021,243 2,021,213 2,371,86s 2.371,085 1,014282 1,014,282 4,976,025 4,978,025 7,517,830 7,517,930 2 40e 711 2 408 741 As Funds ! Surpus Actual % ' Yes i i i i I I I 23.1875% 121.W 17% pk SuAd rplus Suru A. Fc+ds Surpus No No Actual % Yea 04 27,379,840 27,379.0 14.9M% 15.7208% Surplus As Funds ! Surpus Actual % ' Yes i i i i I I I 23.1875% 121.W 17% pk SuAd rplus Suru A. Fc+ds Surpus No No Actual % Yea 04 27,379,840 27,379.0 14.9M% 15.7208% Surplus 3.255.868 Padoko -City ksrter wesits Amorsad Custodian - Av SWOA sur/T teValve Yc 2002 RDA U.S. Br•CIP Yet U.S.Tnasury Be 27,855.381 2003 Tax" RDA U.S. Bank •CIP yesU.S.Tnasury BW 8,994,538 2001 Firtrtoe AWwrily CIP Vas U.S.Treesury Bill9,9e8.B85 2001 Finrloe Auteonty CIP Yet U.S.Treasury Bill44,787,620 Yet Tod - U.S. Treasury 89.806,402 PorUoko • MAW Funds Money Manket Book Tntutea - 4yok6w Sur" Mutual Fund Value chic Center U.S.Banc -Project YES 1st American Chic Center U.s.Brec - DWt Svc YES 1st Anrrkan 6 1984 RDA U.S. Banc-0abt Svc YES 1teri 1st Anpan 23 arlk 1985 RDA U.S.B-CIP YES 1st Amrk:an 1986 RDA U.S.Br1e • Special Fund YES 1st Amrtean 2004 Fin Audi -1995 US Bank scrow - EYES 1st Amertean 101 1989 RDA USrrte .Bank •CIP YES tst Ariere 1998 RDA U.S.BrIc - Dist eve YES 1 at Amrtan i18 1998 RDA U.S.Brrk • Special Fund YES 1st Amerierf 8 1998 RDA U.S.Bank •CIP YES tr American 2001 RDA U.S. Banc - OOt Svc YES tst Amrican 46 2001 RDA U.S. Banc -CIP YES tst Amrk:an 2002 RDA US. Banc - Dbl Svc YES 1st Amrican 38 AIM RDA U.S. Banc •CIP YES 1st American 1,198.888 sb 2003 Tasle RDA U.S. Bank • OS YES 1st Ameniean 70 nw 2003 Tabte RDA U. S. BankCOI YES tst Amerkan 2003 Tasabte RDA U. S. Banc•CIP YES 1st AnteApan 12.083 2004 Fin Aulh US Bank •CIP YES 1st Anrrkan a083,2e0 2004 Fin Autl US bank .COI YES 1st American 5.031 Subtotal -Mutual Fund 4,577,404 Surpkrs PorUoko • MAW Funds Money Manket Book Tntutea - 4yok6w Sur" Mutual Fund Value chic Center U.S.Banc -Project YES 1st American Chic Center U.s.Brec - DWt Svc YES 1st Anrrkan 6 1984 RDA U.S. Banc-0abt Svc YES 1teri 1st Anpan 23 arlk 1985 RDA U.S.B-CIP YES 1st Amrk:an 1986 RDA U.S.Br1e • Special Fund YES 1st Amrtean 2004 Fin Audi -1995 US Bank scrow - EYES 1st Amertean 101 1989 RDA USrrte .Bank •CIP YES tst Ariere 1998 RDA U.S.BrIc - Dist eve YES 1 at Amrtan i18 1998 RDA U.S.Brrk • Special Fund YES 1st Amerierf 8 1998 RDA U.S.Bank •CIP YES tr American 2001 RDA U.S. Banc - OOt Svc YES tst Amrican 46 2001 RDA U.S. Banc -CIP YES tst Amrk:an 2002 RDA US. Banc - Dbl Svc YES 1st Amrican 38 AIM RDA U.S. Banc •CIP YES 1st American 1,198.888 sb 2003 Tasle RDA U.S. Bank • OS YES 1st Ameniean 70 nw 2003 Tabte RDA U. S. BankCOI YES tst Amerkan 2003 Tasabte RDA U. S. Banc•CIP YES 1st AnteApan 12.083 2004 Fin Aulh US Bank •CIP YES 1st Anrrkan a083,2e0 2004 Fin Autl US bank .COI YES 1st American 5.031 Subtotal -Mutual Fund 4,577,404 Surpkrs Surpkrs Surplus Yes vas 27,855.381 27,855,387 8.994,536 8.994,336 918e8.e85 8.988,065 44,767,620 11,767,620 89,608,402 - 89.606,402 Surplus Yes Adj Surplus Yes 6 6 23 23 101 101 16 t6 6 6 46 46 36 38 1,496,880 1,496,888 70 70 12,093 12,093 3.083,288 3,063,2e8 5,031 5.031 4,577,104 4.577,104 Surplus Surplus Al Funds Surplus. No Atli ' No ACkiN % Yp . � 19.057e% 61.Iee6% Adj Surplus No Surplus No At furls ScrpM+t Actual % Yea 2.6080% 2.6292% Total Fiscal Apart Ihvatrnantt 94,1 806 9411t3,ti06 94,183,806 51.6638% 61.0978% Grand Tod 1 661 766 174.324,110 226,000 171,O1141,110 t.3S0 a16 225,000 • ata /00 /00.0000% Surpus j Surpkrs As Furls Surpks No No ACWN % : Yes S8,3Y9.616 S 225.000 38,554.616 1,000 ' 1.000 38.330.616 S 225,000 1 59.655.616 5917% 0.0 SSurplusu 3,255,866 (225,000) a030.666 8 547 597 B St7 597 9.803.263 225,000 9.578.263 ACI 65 SSurplusu 3,255,866 (225,000) a030.666 8 547 597 B St7 597 9.803.263 225,000 9.578.263 ACI 65 65 A�%a00Atm7Ntm�NNt001! is I�CMCV cvk q IR 1- Go Iq eq t1t Pf - aq cq C ". cc Of N I�CM. e-'C to OV,NN (0 Mr- V V) V —W Ne—� qrN)NCl) tyf Mtn v� t0 tONt� H H � OHO H Wi Q C~ tv7N0 N tO N Wl 0 $ a Go CV). to ;!Lq a l6 ' W m °b c � m m IA > C LL L C C E LL V pp N V m � p LL C m U ' m �� C of 05 E �� c'i m m'°a m eTir� 5oa c 5c�c�a �oaru�i �ciawR �u co c oLLd rc UUu ep w� cc cm �c^pP �C) Of 0p O �^OQ3 Of GoClCt OR O A h� 1A r N NM� O cq «�MOD�+! v O M p ti N O a � O fb ��pp 1p ap (D ci � 1A NI A h � ILL �= U.m �eCC.) 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E N U N -v � o c z °o _ a. Q }, o 0 �' ■ U O ■ W W ��.+ R 3 co co N N CC CC C f ■ O C C LL m 4) co J .0 = Q Q Q Q J o 0 o o ■ ■ 5 •.�:% M (� N 0 0 0 0 0 0 0 0 0 0 0 O O O CO O c0 O O IRT N O O O oo O c0 O 10, O N O O CV r- lumiOd O O O O O 11 a CITY OF LA QUINTA BALANCE SHEET 08131/04 ASSETS: CITY CITY. RDA RDA FA FIXED LONG TERM FOXED LONG TERM FINANCING LONG TERM GRAND CITY ASSETS DEBT RDA ASSETS DEBT AUTHORITY DEBT TOTAL POOLED CASH (22,529,953.82) 0.00 0.00 40,045.785.90 0.00 0.00 5,046.61 0.00 17.520,878.69 LORP INVESTMENT IN POOLED CASH 0.00 0.00 0.00 612.000.00 0.00 0.00 0.00 0.00 612,000.00 INVESTMENT T-BILUNOTES 8 OTHER 70,331,000.00 0.00 0.00 90.000,000.00 0.00 0.00 0.00 0.00 160.331.000.00 AUTO MALL CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LORP CASH 0.00 0.00 0.00 56,260.30 0.00 0.00 0.00 0.00 56,280.30 BOND REDEMPTION CASH 0.00 0.00 0.00 298.26 0.00 0.00 5.83 0.00 304.09 BOND RESERVE CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 BOND PROJECT CASH 0.00 0.00 0.00 4.572,068.83 0.00 0.00 5,031.15 0.00 4,577,099.98 BOND ESCROW CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PETTY CASH 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,000.00 CASH i INVESTMENT TOTAL 47,802.046.18 0.00 0.00 135,286.413.29 0.00 0.00 10,093.59 0.00 183,098,543.06 INVESTMENT IN LAND HELD FOR RESALE 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 ACCOUNTS RECEIVABLE 434,845.17 0.00 0.00 60,900.00 0.00 0.00 0.00 0.00 495.745.17 PREWUL40SCOUNT ON INVESTMENT (50.190.03) 0.00 0.00 (393.597.65) 0.00 0.00 0.00 0.00 (443,787.68) LORP-ACCOUNTS RECEIVABLE 0.00 0.00 0.00 80,820.59 0.00 0.00 0.00 0.00 80,820.59 INTEREST RECEIVABLE (7,531.25) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (7,531.25) LOANINOTES RECEIVABLE 0.00 0.00 0.00 12,741,527.47 0.00 0.00 90.000,000.00 0.00 102,741.527.47 DUE FROM OTHER AGENCIES 4,527.423.17 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.527.423.17 DUE FROM OTHER AGENCIES-CVAG 879.096.69 0.00 0.00 0.00 0.00 0.00 0.00 0.00 879,096.69 CVAG ALLOWANCE (879.096.69) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (879,096.69) DUE FROM OTHER GOVERNMENTS. 40.306.50 0.00 0.00 530.819.81 0.00 0.00 0.00 0.00 571.126.31 DUE FROM OTHER FUNDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ADVANCES TO OTHER FUNDS - PRINCIPAL 21.422.880.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 21,422,880.21 ADVANCES TO OTHER FUNDS - INTEREST 7,586,738.42 0.00. 0.00 5,336,157.98 0.00 0.00 0.00 0.00 12,922,896.40 ADVANCES TO OTHER FUNDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NSF CHECKS RECEIVABLE 1,629.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,629.00 ACCRUED REVENUE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 FIXED ASSETS 2.576.736.80 388,021.434.00 0.00 0.00 69,288,415.00 0.00 0.00 0.00 459,886,587.80 ACCUMULATED DEPRECIATION (1,460,883.00) (59,391,5M.00) 0.00 0.00 (240.000.00) 0.00 0.00 0.00 (61.002.421.00) TRAVEL ADVANCES 1,072.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.072.40 EMPLOYEE ADVANCES 13,015.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 13,015.70 PREPAID EXPENSES 645.980.86 0.00 0.00 0.00 0.00 0.00 0.00 0.00 645.980.86 RECEIVABLE TOTAL 35.732.025.95 328,629,896.00 0.00 18,356,628.20 69,048,415.06 0.00 90.000.000.00 0.00 541.766,965.15 0.00 0.00 0.00 WORKER COMPENSATION DEPOSIT 240.955.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 240.955.00 RENT DEPOSITS 4,830.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,830.00 UTILITY DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MISC. DEPOSITS 1,073.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1073.21 DEPOSITS TOTAL 246,858.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 246,8511.21 GENERAL FOXED ASSETS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ACCUMULATED DEPRECIATION 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT AVAILABLE TO RETIRE LIT DEBT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT TO BE PROVIDED FOR L/T DEBT 0.00 0.00 1.970,552.85 0.00 0.00 247,549.965.00 0.00 94,814.343.00 344,334.860.85 TOTAL OTHER ASSETS 0.00 0.00 1.970 552.86 0.00 0.00 247 549 965.00 0.00 94 814 343.00 344 334 860.85 TOTAL ASSETS 83 780 930.34 328 629 896.00 1,970,552.85 153 643 041.49 69 048 415.00 247 549 965.00 90 010 083.59 94 814 343.00 1069 447 227.27 LIABILITIES: ACCOUNTS PAYABLE 553,065.41 0.00 0.00 19.560.37 0.00 0.00 0.00 0.00 572.625.78 DUE TO OTHER AGENCIES 119,307.54 0.00 0.00 0.00 0.00 0.00 0.00 0.00 119.307.54 DUE TO OTHER FUNDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ADVANCES FROM OTHER FUNDS - PRINCIPAL 5,361,487.98 0.00 0.00 21,397.550.21 0.00 0.00 0.00 0.00 26.759.038.19 ADVANCES FROM OTHER FUNDS - INTEREST 0.00 0.00 0.00 7.586,739.52 0.00 0.00 0.00 0.00 7.586.730.52 INTEREST PAYABLE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RETENTION PAYABLE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAYROLL LIABILITIES 157.930.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 157,930.60 STRONG MOTION INSTRUMENTS 8.614.67 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8,614.67 FRINGE TOED LIZARD FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUSPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DUE TO THE CITY OF LA OUINTA 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAYABLES TOTAL 6,200,406.20 0.00 0.00 29,003.850.10 0.00 0.00 0.00 0.00 35,2M,258.30 ENGINEERING TRUST DEPOSITS 0.00 0.00 6.00 0.00 0.00 0.00 0.00 0.00 0.00 SO. COAST AIR QUALITY DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LORD DEPOSITS 0.00 0.00 0.00 18,664.00 0.00 0.00 0.00 0.00 18.664.00 DEVELOPER DEPOSITS 1,396.540.10 0.00 0.00 2,835.00 0.00 0.00 0.00 0.00 1,399,375.10 MISC. DEPOSITS 583,182.04 0.00 0.00 25,000.00 0.00 0.00 0.00 0.00 806,182.04 AGENCY FUND DEPOSITS 2,033,785.78 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2 033 785.78 TOTAL DEPOSITS 4.013.507.92 0.00 0.00 46,499.00 0.00 0.00 0.00 0.00 4,060,006.92 DEFERRED REVENUE 3,767,177.88 0.00 0.00 10 618 101.84 0.00 0.00 90,000,000.W 0.00 104385 279.72 OTHER LIABILITIES TOTAL 3,767,177.88 0.00 0.00 10,618,101.84 0.00 0.00 90,000,000.00 0.00 104,395.279.72 COMPENSATED ABSENCES PAYABLE 0.00 0.00 531,553.26 0.00 0.00 0.00 0.00 0.00 531,553.26 DEVELOPER AGREEMENT 0.00 0.00 1,010.688.59 0.00 0.00 0.00 0.00 0.00 1.010,688.59 DUE TO THE CITY OF LA OUINTA 0.00 0.00 428.311.00 0.00 0.00 0.00 0.00 0.00 428,311.00 DUE TO COUNTY OF RIVERSIDE 0.00 0.00 0.00 0.00 0.00 2,050,000.00 0.00 0.00 2.050.000.00 DUE TO C.V..UNIFIED SCHOOL DIST. 0.00 0.00 0.00 0.00 0.00 6,867,336.00 0.00 0.00 6.667,335.00 DUE TO DESERT SANDS SCHOOL DIST. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LOANS PAYABLE 0.00 0.00 0.00 0.00 0.00 90.000,000.00 0.00 0.00 90,000,000.00 BONDS PAYABLE 0.00 0.00 0.00 0.00 0.00 148 832 629.00 0.00 94 814 343.00 243 846 972.00 TOTAL LONG TERM DEBT 0.00 0.00 1,970,552.85 0.00 0.00 247.549.965.00 0.00 94,814,343.00 344,334,880.85 TOTAL LIABILITIES 13,981,092.00 0.00 1,970,552.85 39.668.450.94 0.00 247,549.965.00 90.000,000.00 94.814.343.00 487,984,403.79 EQUITY -FUND BALANCE 69.799.838.34 328,629,896.00 0.00 113.974,590.55 69,048.415.00 0.00 10.083.59 0.00 581.462,823.48 TOTAL LIABILITY 3 EQUITY 83,780,930.34 328,629,896.00 1,970,552.85 153,643,041.49 69,048,415.00 247,549,965.00 904010,083.59 941814,34b.00 1,069,447,227.27 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CASH 6 INVESTMENT TOTAL 183,098,543.0,E PREMIUMANSCOUNT ON INVESTMENT (443.787.68) TOTAL 182,654.755.38 70 12 O� 1IJ��i O 5 OF9ti AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: October 19, 2004 ITEM TITLE: Transmittal of Revenue and Expenditure Report dated August 31, 2004 and Investment Summary Report for the Quarter Ending September 30, 2004 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: BUSINESS SESSION: CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Transmittal of the August 31, 2004 Statement of Revenue and Expenditures for the City of La Quinta and Investment Summary Report for the Quarter Ending September 30, 2004. Respectfully submitted, hn M. FalcoAr, Finance Director Approved for submission y: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures Report, August 31, 2004 2. Investment Summary Report for the Quarter Ending September 30, 2004 71 ATTACHMENT CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2004 - 8/31104 FUNDS BUDGET RECEIVED RECEIVED General $23,405,150.00 $2,919,979.19 12.50% Library 649,500.00 275,000.00 42.30% Gas Tax Revenue 622,200.00 111,305.18 17.90% Federal Assistance 340,355.00 0.00 0.00% Urban Forestry 1,100.00 0.00 0.00% Slesf (Cops) Revenue 0.00 0.00 0.00% Local Law Enforcement 0.00 0.00 0.00% Indian Gaming 177,250.00 177,250.00 100.00% Lighting & Landscaping 825,800.00 26,272.69 3.20% RCTC 200,000.00 0.00 0.00% Quimby 153,900.00 0.00 0.00% Infrastructure 15,600.00 0.00 0.00% Village Parking 0.00 0.00 0.00% South. Coast Air Quality 36,415.00 9,592.59 26.30% Cmaq/lstea 553,785.00 0.00 0.00% Transportation 758,700.00 419,007.39 55.20% Parks & Recreation 251,000.00 146,389.00 58.30% Civic Center 192,500.00 109,028.71 56.60% Library Development 112,500.00 65,614.00 58.30% Community Center 59,200.00 27,900.00 47.10% Street Facility 11,700.00 5,732.16 49.00% Park Facility 3,000.00 1,487.00 49.60% Fire Protection Facility 32,100.00 30,775.57 95.90% Library Development (County) Facility 190,963.00 0.00 0.00% Arts In Public Places 98,600.00 52,165.94 52.90% Interest Allocation 0.00 (104,353.48) 0.00% Capital Improvement 74,618,207.00 3,766,090.65 5.00% Assessment District 2000-1 6,000.00 0.00 0.00% Equipment Replacement 285,837.00 325,069.00 113.70% Information Technology 413,111.00 416,568.00 100.80% Park Equipment & Facility 250,000.00 0.00 0.00% SilverRock Golf 2,656,306.00 0.00 0.00% LQ Public Safety Officer 2,100.00 2,000.00 95.20% La Quinta Financing Authority 3,681,249.00 28.24 0.00% RDA Project Area No. 1 34,452,847.00 562,005.32 1.60% RDA Project Area No. 2 27,554,151.00 1,356,661.85 4.90% Total $172 611 126.00 $10 701 569.00 6.20% 0710112004 - 8131104 CITY of LA QUINTA EXPENDITURES - ALL FUNDS FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $24,744,510.00 $2,595,884.88 $0.00 $22,148,625.12 10.5% Library 1,216,501.00 0.00 0.00 1,216,501.00 0.0% Gas Tax 836,781.00 103,810.72 0.00 732,970.28 12.4% Federal Assistance 509,535.00 526.00 0.00 509,009.00 0.14/0 Urban Forestry 0.00 0.00 0.00 0.00 0.0% Slesf (Cops) Revenue 0.00, 0.00 0.00 0.00 0.0% Local Law Enforcement 0.00 0.00 0.00 0.00 0.0% Indian Gaming 177,250.00 0.00 0.00 177,250.00 0.0% Lighting & Landscaping 825,800.00 137,633.30 0.00 688,166.70 16.7% RCTC 1,845,185.00 0.00 0.00 1,845,185.00 0.0% Quimby 547,871.00 1,206.41 0.00 546,664.59 0.2% Infrastructure 1,140,356.00 157,512.60 0.00 982,843.40 13.8% Village Parking (1,893.00) 0.00 0.00 (1,893.00) 0.0% South Coast Air Quality 100,064.00 0.00 0.00 100,064.00 0.0% Cmaq/lstea 553,785.00 0.00 0.00 553,785.00 0.0% Transportation 4,052,084.00 8,124.54 0.00 4,043,959.46 0.2% Parks & Recreation 188,544.00 0.00 0.00 188,544.00 0.0% Civic Center 3,486,090.00 34,061.00 0.00 3,452,029.00 1.0% Library Development 3,746,450.00 50,740.79 0.00 3,695,709.21 1.4% Community Center 0.00 0.00 0.00 0.00 0.0% Street FaciAty 0.00 0.00 0.00 0.00 0.0% Park Facility 0.00 0.00 0.00 0.00 0.0% Fire Protection 0.00 0.00 0.00 0.00 0.0% Library County DIF 590,863.00 0.00 0.00 590,863.00 0.0% Arts In Public Places 708,356.00 0.00 0.00 708,356.00 0.0% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 74,618,207.00 3,766,090.65 0.00 70,852,116.35 5.0% Proposed Assessment District 142,507.00 0.00 0.00 142,507.00 0.0% Equipment Replacement 1,062,339.00 18,209.64 0.00 1,044,129.36 1.7% Information Technology 590,351.00 30,622.91 0.00 559,728.09 5.2% Park Maintenance Facility 0.00 0.00 0.00 0.00 0.0% SilverRock Golf 2,277,686.00 20,348.00 0.00 2,257,338.00 0.9% Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% La Quinta Financing Authority 3,735,955.00 49,997.09 0.00 3,685,957.91 1.3% RDA Project Area No. 1 80,360,974.00 2,957,177.53 0.00 77,403,796.47 3.7% RDA Project Area No. 2 27,204,140.00 1,415,578.67 0.00 25,788,561.43 5.2% Total 235,262,291.00 11,347,524.63 $0.00 23,914,766.37 4.8% 73 3 07/01/2004 - 8/31/04 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Mitigation Measures Franchise Tax TOTAL TAXES 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 Bldg S Safety Fees Community Development Fees Public Works Fees TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code .Fines Parking Violations Misc. Fines AB939 County of Riverside Grant State of California Grant Fire servicesCredit CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFER IN TOTAL GENERAL FUND REMAINING BUDGET RECEIVED BUDGET 743,400.00 39,561.75 703,838.25 1,233,100.00 384,587.16 848,512.84 4,072,200.00 429,000.00 3,643,200.00 1,334,500.00 0.00 1,334,500.00 539,700.00 247,596.08 292,103.92 4,030,300.00 114,839.70 3,915,460.30 0.00 10,000.00 (10,000.00) 797,800.00 131,057.10 666,742.90 12,751,000.00 1,356,641.79 11,394,358.21 202,500.00 38,333.90 164,166.10 15,400.00 2,230.00 13,170.00 493,800.00 589,084.81 (95,284.81) 84,400.00 75,617.28 8,782.72 43,100.00 43,207.66 (107.66) 85,000.00 64,639.69 20,360.31 5,000.00 2,620.00 2,380.00 42 200.00 50,431.65 (8,231.65) 971,400.00 866,164.99 105,235.01 4,400.00 3,243.60 1,156.40 191,000.00 25,484.32 165,515.68 471,000.00 62,559.27 408,440.73 222,400.00 35,835.00 186,565.00 584,400.00 98,164.00 486,236.00 1,473,200.00 225,286.19 1,247,913.81 1,455,300.00 38,624.30 1,416,675.70 77,500.00 (2,407.73) 79,907.73 41,900.00 3,410.00 38,490.00 31,609.00 19,016.73 12,592.27 182,100.00 0.00 182,100.00 0.00 0.00 8,451.00 9,536.70 (1,085.70) 3,748,040.00 0.00 3,748,040.00 175 000.00 0.00 175,000.00 5,719,900.00 68,180.00 5,651,720.00 2,265,300.00 402,056.00 1,863,244.00 17,100.00 1,666.47 15,433.53 0.00 0.00 0.00 0.00 (16.25) 16.25 17,100.00 1,650.22 15,449.78 207,250.00 0.00 207,250.00 23,405,150.00 2,919,979.19 20,485,170.81 4 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 Traffic Congestion Relief Interest TOTAL GAS TAX FEDERAL ASSISTANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE URBAN FORESTRY Grant Revenue Interest TOTAL URBAN FORESTRY SLESF (COPS) REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding Interest Transfer in TOTAL LLEBG INDIAN GAMING Charges for services Interest TOTAL INDIAN GAMING LIGHTING & LANDSCAPING REVENUE: Assessment Developer Interest TOTAL LIGHTING & LANDSCAPING RCTC RCTC Funding Transfer in TOTAL RCTC QUIMBY REVENUE: Quimby Fees Interest TOTAL QUIMBY INFRASTRUCTURE REVENUE: Infrastructure Fee Interest Transfer in TOTAL INFRASTRUCTURE VILLAGE PARKING REVENUE: Interest TOTAL VILLAGE PARKING REMAINING BUDGET RECEIVED BUDGET 649,500.00 275,000.00 374,500.00 0.00 0.00 0.00 0.00 0.00 0.00 649,500.00 275,000.00 374,500.00 193,100.00 34,676.31 158,423.69 137,900.00 24,551.28 113348.72 256,900.00 46,077.59 210:822.41 6,000.00 6,000.00 0.00 20,700.00 0.00 20,700.00 7,600.00 0.00 7,600.00 622,200.00 111,305.18 510,894.82 340,355.00 0.00 340,355.00 0.00 0.00 0.00 340,355.00 0.00 340,355.00 1,100.00 0.00 1,100.00 0.00 0.00 0.00 1,100.00 0.00 1,100.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 177,250.00 177,250.00 0.00 0.00 0.00 0.00 177,250.00 177,250.00 0.00 825,800.00 26,272.69 799,527.31 0.00 0.00 0.00 0.00 0.00 0.00 825,800.00 26,272.69 799,527.31 200,000.00 0.00 200,000.00 0.00 0.00 0.00 200,000.00 0.00 2M-,MTW 150,000.00 0.00 150,000.00 3,900.00 0.00 3,900.00 0.00 0.00 15,600.00 0.00 15,600.00 0.00 0.00 0.00 15,600.00 0.00 15,600.00 0.00 0.00 0.00 0.00 0.00 0.00 75 5 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution MSRC Funding Street Sweeping Grant Interest TOTAL SCAQ CMAQ/ISTEA CMAQ/ISTEA Grant Interest TOTAL CMAQNSTEA TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION PARKS & RECREATION Developer fees Interest Transfer in TOTAL PARKS & RECREATION CIVIC CENTER Developer fees Interest Transfer in TOTAL CIVIC CENTER LIBRARY DEVELOPMENT Developer fees Interest Transfer in TOTAL LIBRARY DEVELOPMENT COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developer fees Interest TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY FIRE PROTECTION FACILITY Developer fees Interest TOTAL FIRE PROTECTION FACILITY LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees Interest TOTAL LIBRARY DEV (COUNTY) FACILITY ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places Arts in Public Places Credits Applied Interest TOTAL ARTS IN PUBLIC PLACES INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transfer In TOTAL INTEREST ALLOCATION REMAINING BUDGET RECEIVED BUDGET 34,415.00 9,592.59 24,822.41 0.00 0.00 0.00 0.00 2,000.00 0.00 2,000.00 36,415.00 9,592.59 26,822.41 553,785.00 0.00 553,785.00 0.00 0.00 0.00 553,785.00 0.00 553,785.00 721,400.00 419,007.39 302,392.61 37,300.00 0.00 37,300.00 0.00 0.00 0.00 758,700.00 419,007.39 339,692.61 251,000.00 146,389.00 104,611.00 0.00 0.00 0.00 0.00 0.00 0.00 251,000.00 146,389.00 104,611.00 192,500.00 109,028.71 83,471.29 0.00 0.00 0.00 0.00 0.00 0.00 192,500.00 109,028.71 83,471.29 112,500.00 65,614.00 46,886.00 0.00 0.00 0.00 0.00 0.00 0.00 112,500.00 65,614.00 46,886.00 48,500.00 27,900.00 20,600.00 10,700.00 0.00 10,700.00 _ 59,200.00 27,900.00 31,300.00 9,800.00 5,732.16 4,067.84 1,900.00 0.00 1,900.00 11,700.00 5,732.16 5,967.84 2,500.00 1,487.00 1,013.00 500.00 0.00 500.00 3,000.00 1,487.00 1,513.00 32,100.00 30,775.57 1,324.43 0.00 0.00 0.00 32,100.00 30,775.57 1,324.43 190,863.00 0.00 190,863.00 100.00 0.00 100.00 190,963.00 0.00 190,963.00 97,500.00 52,165.94 45,334.06 0.00 0.00 0.00 1,100.00 0.00 1,100.00 98,600.00 52,165.94 46,434.06 0.00 (104,353.48) 104,353.48 0.00 0.00 0.00 0.00 (104,353.48) 104,353.48 76 6 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio SB300 Funding RCTC SB821-Bicycle Path Grant State of Califomia APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE ASSESSMENT DISTRICT 2000-1 Interest Assessment Bond Proceeds Prepayments -sewer assessments Transfer in TOTAL ASSESSMENT DISTRICT EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution Sale of Fixed Asset Interest Transfers in TOTAL EQUIPMENT REPLACEMENT INFORMATION TECHNOLOGY FUND: Charges for services Capital Contribution Sale of Fixed Asset Interest Transfers In TOTAL INFORMATION TECHNOLOGY PARK EQUIPMENT & FACILITY Charges for services Interest TOTAL PARK EQUIPMENT & FAC SILVERROCK GOLF Green fees Range fees Merchandise Food & Beverage TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY REMAINING BUDGET RECEIVED BUDGET 6,592,557.00 368,822.72 6,223,734.28 877,462.00 0.00 877,462.00 0.00 0.00 0.00 244,800.00 0.00 . 244,800.00 43,750.00 0.00 43,750.00 0.00 0.00 0.00 0.00 0.00 0.00 52,887.00 0.00 52,887.00 393,250.00 0.00 393,250.00 0.00 0.00 0.00 87,500.00 0.00 87,500.00 0.00 0.00 0.00 66 326,001.00 3,397,267.93 62,928,733.07 74,618,207.00 3,766,090.65 70,852,116.35 6,000.00 0.00 6,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,000.00 0.00 6,000.00 225,137.00 325,069.00 (99,932.00) 0.00 0.00 0.00 0.00 0.00 0.00 60,700.00 0.00 60,700.00 0.00 0.00 0.00 285,837.00 325,069.00 (39,232,00) 406,111.00 416,568.00 (10,457.00) 0.00 0.00 0.00 0.00 0.00 0.00 7,000.00 0.00 7,000.00 0.00 0.00 0.00 413,111.00 416,568.00 (3,457.00) 250,000.00 0.00 250,000.00 0.00 0.00 0.00 250,000.00 0.00 250,000.00 2,300,210.00 0.00 2,300,210.00 33,111.00 0.00 33,111.00 158,886.00 0.00 158,886.00 164,099.00 0.00 164,099.00 2,656,306.00 0.00 2,656,306.00 2,000.00 2,000.00 0.00 100.00 0.00 100.00 2,100.00 2,000.00 100.00 07/01/2004 - 8/31/04 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 761,385.00 97,110.35 0.00 664,274.65 CITY MANAGER'S OFFICE 849,100.00 116,768.64 0.00 732,331.36 ECONOMIC DEVELOPMENT 891,150.00 135,569.74 0.00 755,580.26 PERSONNEURISK MGT 794,069.00 74,657.96 0.00 719,411.04 TOTAL GENERAL GOVERNMENT 3,295,704.00 424,106.69 0.00 2,871,597.31 CITY CLERK 526,211.00 88,684.97 0.00 437,526.03 TOTAL CITY CLERK 526,211.00 88,684.97 0.00 437,526.03 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 772,983.00 166,598.29 0.00 606,384.71 SENIOR CENTER 359,644.00 33,589.46 0.00 326,054.54 PARKS & RECREATION PROGRAMS 144,203.00 23,399.88 0.00 120,803.12 TOTAL COMMUNITY SERVICES 1,276,830.00 223,587.63 0.00 1,053,242.37 FINANCE FISCAL SERVICES 726,376.00 102,409.31 0.00 623,966.69 CENTRAL SERVICES 659,448.00 279,819.52 0.00 379,628.48 TOTAL FINANCE 1,385,824.00 382,228.83 0.00 1,003,595.17 BUILDING &SAFETY: BUILDING & SAFETY - ADMIN 321,517.00 34,570.07 0.00 286,946.93 BUILDING 906,594.00 168,115.86 0.00 738,478.14 CODE COMPLIANCE 658,084.00 83,622.18 0.00 574,461.82 ANIMAL CONTROL 293,479.00 36,091.12 0.00 257,387.88 CIVIC CENTER BUILDING -OPERATIONS 1,106,324.00 142,769.21 0.00 963,554.79 TOTAL BUILDING & SAFETY 3,285,998.00 465,168.44 0.00 2,820,829.56 PUBLIC SAFETY: POLICE SERVICES 6,813,954.00 548,938.16 0.00 6,265,015.84 FIRE 3,855,806.00 1,330.35 0.00 3,854,475.65 EMERGENCY SERVICES 45,193.00 21,960.22 0.00 23,232.78 TOTAL PUBLIC SAFETY 10,714,953.00 572,228.73 0.00 10,142,724.27 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 556,886.00 81,622.92 0.00 475,263.08 CURRENT PLANNING 750,085.00 98,845.38 0.00 651,239.62 TOTAL COMMUNITY DEVELOPMENT 1,306,971.00 180,468.30 0.00 1,126,502.70 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 277,879.00 40,921.76 0.00 236,957.24 DEVELOPMENT & TRAFFIC 1,071,366.00 172,075.03 0.00 899,290.97 MAINT/OPERATIONS - STREETS 2,188,469.00 176,208.49 0.00 2,012,260.51 MAINT/OPERATIONS - LTG/LANDSCAPING 1,461,996.00 192,699.83 0.00 1,269,296.17 MAINT/OPERATIONS - PARK MAINTENANCE 837,090.00 57,028.25 0.00 780,061.75 CONSTRUCTION MANAGEMENT 618,817.00 125,465.33 0.00 493,351.67 TOTAL PUBLIC WORKS 6,455,617.00 764,398.69 0.00 5,691,218.31 TRANSFERS OUT 565,818.00 10,240.90 0.00 555,577.10 GENERAL FUND REIMBURSEMENTS (4,069,416.00) (515,228.30) 0.00 (3,554,187.70) NET GENERAL FUND EXPENDITURES 24,744,510.00 2,595,884.88 0.00 22,148,625.12 Is 8 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY 07/01/2004 - 8/31/04 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 TRANSFER OUT 1,216,501.00 0.00 0.00 1,216,501.00 TOTAL LIBRARY FUND 1,216, 1.00 0.00 0.00 1,216,501.00 GAS TAX REIMBURSE GENERAL FUND 622,200.00 103,700.00 0.00 518,500.00 TRANSFER OUT 214,561.00 110.72 0.00 214,470.28 TOTAL GAS TAX FUND 836,781.00 103,810.72 0.00 732,970.28 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 509,535.00 526.00 0.00 509,009.00 URBAN FORESTRY GRANT TRANSFER OUT TOTAL URBAN FORESTRY GRANT 0.00 -0.00 0.00 0.00 SLESF (COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 0.00 0.00 0.00 0.00 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 0.00 0.00 0.00 0.00 INDIAN GAMING FUND TRANSFER OUT 177,250.00 0.00 0.00 177,250.00 TOTAL INDIAN GAMING FUND 177,250.00 0.00 0.00 177,250.00 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 825,800.00 137,633.30 0.00 688,166.70 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LTG/LANDSCAPING FUND 825,800.00 137,633.30 0.00 688,166.70 RCTC TRANSFER OUT 1,845,185.00 0.00 0.00 1,845,185.00 TOTAL RCTC 1,845,1 .00 0.00 0.00 1,845,185.00 QUIMBY FUND: TRANSFER OUT TOTAL QUIMBY FUND 547,871.00 1,206.41 0.00 546,664.59 INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 1,140,356.00 157,512.60 0.00 982,843.40 TOTAL INFRASTRUCTURE 1,140,356.00 157,512.60 0.00 982,843.40 VILLAGE PARKING TRANSFER OUT TOTAL VILLAGE PARKING FUND (1,893.001 0.00 0.00 (1,893.001 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 22,945.00 0.00 0.00 22,945.00 TRANSFER OUT 77,119.00 0.00 0.00 77,119.00 TOTAL SOUTH COAST AIR QUALITY 100,064.00 0.00 0.00 100,064.00 CMAC91STEA TRANSFER OUT TOTAL CMAQ/ISTEA FUND 553,785.00 0.00 0.00 553,785.00 TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.00 CONTRIBUTION 0.00 0.00 0.00 0.00 TRANSFER OUT 4,052,084.00 8,124.54 0.00 4,043,959.46 TOTAL TRANSPORTATION 4,0 2,084.00 8,124.54 0.00 4,043,959.46 PARKS & RECREATION INTEREST ON ADVANCE 0.00 0.00 0.00 0.00 TRANSFER OUT 188,544.00 0.00 0.00 188,544.00 TOTAL PARKS & RECREATION 1 ,544. 00 0.00 0.00 188,544.00 CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 204,366.00 34,061.00 0.00 170,305.00 TRANSFER OUT 3,281,724.00 0.00 0.00 3,281,724.00 TOTAL CIVIC CENTER 3,486,090.00 34,061.00 0.00 3,452,029.00 LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 TRANSFER OUT 3,746,450.00 50,740.79 0.00 3,695,709.21 TOTAL LIBRARY DEVELOPMENT 3,746,450.00 50,740.79 0.00 3,695,709.21 79 9 CITY OF LA QUINTA 07/01/2004 - 8/31104 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0.00 STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK FACILITY 0.00 0.00 0.00 0.00 FIRE PROTECTION INTEREST ON ADVANCE 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL FIRE PROTECTION DIF 0.00 0. 0.00 0.00 LIBRARY COUNTY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 590,863.00 0.00 0.00 590,863.00 TOTAL LIBRARY COUNTY DIF 590,863.00 0.00 0.00 590,863.00 ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 3,500.00 0.00 0.00 3,500.00 OPERATING EXPENSES-APP 1,800.00 0.00 0.00 1,800.00 ART PURCHASES 447,425.00 0.00 0.00 447,425.00 TRANSFER OUT 255,631.00 0.00 0.00 255,631.00 TOTAL ART IN PUBLIC PLACES 708, .00 0.00 0.00 708, .00 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 73,640,157.00 3,766,090.65 0.00 69,874,066.35 PROJECT REIMBURSEMENTS TO GEN FUND 978,050.00 0.00 0.00 978,050.00 TRANSFER OUT 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT 74,618,207.00 3,766,090.65. 0.00 70,852,116.35 ASSESSMENT DISTRICT 2000-1 COSTS OF ISSUANCE 0.00 0.00 0.00 0.00 TRANSFER TO AGENCY FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 142,507.00 0.00 0.00 142,507.00 TOTAL AD 2000-1 142,507.00 0.00 0.00 142,507.00 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 405,339.00 18,209.64 0.00 387,129.36 TRANSFER OUT 657,000.00 0.00 0.00 657,000.00 TOTAL EQUIPMENT REPLACEMENT FUND 1,062,339.00 18,209.64 0.00 1, 44,129.36 INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 590,351.00 30,622.91 0.00 559,728.09 TOTAL INFORMATION TECHNOLOGY FUND 590,351.00 30,622.91 0.00 659,728.09 PARK MAINTENANCE TRANSFER OUT 0.00 0.00 0.00 0.00 SILVERROCK GOLF OPERATING EXPENSES 2,277,686.00 20,348.00 0.00 2,257,338.00 TOTAL SILVERROCK GOLF 2,277,686.00 20,348.00 0.00 2,257,338.00 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 '10 10 ATTACHMENT 2 m O c O LL CQ E 7 co O O N c_ N > > M CY C L m J E O m .�' CL CD U c% co c m C V 0 co V-MU-)McjM000 L~AN�L��NC� LOCpLALoCO�OtOI``�tc-OOOLONO LO N c7Ci(D11-CM�ChChdiI�cONLACGN�M I`I- �t CO e- � CD CO O CD V- CO CO 0 I,- LO O OOOMOC)O�C7)CAOCAO0)mo NNNv- d'I`NdiItLiC L '�iChtoVC- M6r4 m O MLOOOLONOI�CO�OOOLO00�1` �NOOI,OOLO� LOOLONNLO CZ CO V- 0 0 M qt O CO N o0 t O F- V- Lo V- CC LO m N CO N 0 0 0 0 wi mi NiCsi LO CO CO Cn N Lf)LO P• M O w- I- O 0M 0 0 11- CO 1` I- 00 I, --I- 0 � 'It i O O O cM 0 0) LO V 0) 0) 0) CA 0) 0) 0) O LO LONNNI.ttI.N'mt`4tc7'gtcMLd c0 m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0� 1� cNO O O O O O O O O O O O O O O O O O O N 7a 0000000000000000OLO" > 0000000•-00000006Lo r c: a. 0O0I-0000000000000ti CO d Ld Csi Csi C411-7 Ld P.: Csi Ld LJ6 Ld VUi LA'ttuCRMF- LO LO Ln O LO LO LO LO LO O O O O CO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m 0 +m' O N N N N 0 N N N N N N N N N N 0 +' CDo--CD— LO NCNCOCOMQ-- ��M 4) N g" �N�NN��ti�asas00NZZ Lj •- e- Ln m O Z a � 8 p c m�Loco g o — C U p m 0 �mmmmQvv m m &- m *- 6 m m aai m J J J J -00 0 0 0 0 0 0 0 .... Q=mmX TLC CCCCCCC M LL LL LL LL U. LL U. LL F- F- F- F- F- F- H F- U) Ui LL LL 0 CD E E mU) co E > > W — 7 7 3 7 7 V O o UU mmmmmmmQQ:° m mmmmmQ��mF—F�F—F—F—F—F--- O viviv�c�v�c�vi U-mXX=Z2== O O O ti ti O I` Ln co r c 4) to 4) C 75a. v f) '� �11 TWit 4 �' 12amrA COUNCIL/RDA MEETING DATE: October 19, 2004 ITEM TITLE: Approval for Overnight Travel for the Public Works Associate Engineer to Attend the FEMA Elevation Certificate Workshop in San Luis Obispo, California, on October 27, 2004 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Public Works Associate Engineer to attend the FEMA Elevation Certificate Workshop in San Luis Obispo, California, on October 27, 2004. FISCAL IMPLICATIONS: The breakdown of estimated expenditures for this training is as follows: Registration No Charge Hotel Room (1 night) $ 65 Travel $ 240 Meals $ 50 Total $355 Funds have been approved for training as part of the Fiscal Year 2004/2005 Budget in the Public Works Traffic and Development Division, Travel and Training, Account No. 101-7002-431.51-01. CHARTER CITY IMPLICATIONS: None. TAMDEMCOUNCIL\2004\1 0-1 9-04\C 2 Overnight Travel.doc 83 BACKGROUND AND OVERVIEW: The FEMA Elevation Certificate Workshop is sponsored by the State of California, Department of Water Resources. FEMA requires elevation certificates from property owners in order to establish flood hazards for their property. Without an elevation certificate prepared by a licensed civil engineer, FEMA will not remove a home from its flood plane map. The training for completing these forms will be an entire day workshop held in San Luis Obispo, California on October 27, 2004. The Associate Engineer will benefit from this workshop by gaining a comprehensive understanding of the purpose of the elevation certificate, special flood hazard area zones, use of the flood insurance rate map, as well as how to complete the new FEMA elevation certificate. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Public Works Associate Engineer to attend a the FEMA Elevation Certificate Workshop in San Luis Obispo, California, on October 27, 2004; or 2. Do not approve authorization for overnight travel for the Public Works Associate Engineer to attend a the FEMA Elevation Certificate Workshop in San Luis Obispo, California, on October 27, 2004; or 3. Provide staff with alternative direction. Respectfully submitted, othy R Q�nas n, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Letter of Invitation and Registration Form TAMDEMCOUNCIL\2004\1 0- 1 9-04\C 2 Overnight Travel.doc 2 84 ATTACHMENT t STATE OF CALIFORNIA - THE RESOURCES AGENCY DEPARTMENT OF WATER RESOURCES SOUTHERN DISTRICT 770 FAIRMONT AVENUE, SUITE 102 GLENDALE, CA 91203-1035 Date: S E P 17 2004 To: Community Floodplain Administrators and Other Interested Parties From: Garret Tam Sing Floodplain Management and Local A�Iistance Subject: NFIP Floodplain Management Workshops You are invited to attend two National Flood Insurance Program Workshops to be held on October 27 & 28, 2004, entitled "Substantial Improvement and Substantial Damage", and "FEMA Elevation Certificate" respectively. The workshops will be held at the City of San Luis Obispo's Ludwig Center at 864 Santa Rosa Street, San Luis Obispo, California 93401. The "Substantial Improvement and Substantial Damage" workshop is an advanced training course that expands on the "Floodplain Management and Duties of the Local Administrator' basic course. It focuses on the NFIP's Substantial Improvement flood loss reduction standards and describes methods for evaluating structures for substantial improvement and substantial damage. The "FEMA Elevation Certificate" covers the new requirements for the certificate. As a participating community in the NFIP, we encourage you and your staff to take advantage of this training session. In particular, it is important that those individuals involved with the development review and building processes attend these workshops. It is also an excellent opportunity to train new staff. These workshops reflect a greater commitment to training by the Department of Water Resources and the Federal Emergency Management Agency under the Community Assistance Program. This emphasis on training is a result of the review of communities through DWR/FEMA Community Assistance Visits and a determination that deficiencies are often the result of insufficient training of local administrators. Please refer to the enclosed fliers for specifics about each workshop. Since space for the workshops is limited, be sure to return the enclosed registration form as soon as possible by e-mail, fax or mail only. No phone registrations please — they tend to get lost. Reservations will be accepted on a first -come, first -served basis. If you have any questions concerning the workshop, please phone me. at 818.543.4648 or e-mail me at garrett Dwater.ca.00v. Enclosures 9094921- NATIONAL FLOOD INSURANCE PROGRAM WORKSHOP "FEMA ELEVATION CERTIFICATE" Sponsored by City of San Luis Obispo, and presented by the California Department of Water Resources in cooperation with Region IX of the Federal Emergency Management Agency Intended Audience: Floodplain Administrators, Government Officials and Building, Planning, Public Works Staff from Communities Participating in the National Flood Insurance Program, and Private Engineers and Surveyors CECs Available: 3.75 "Continuing Education Credits" are available Workshop Topics: Elevation Certificate Purpose and Definitions; Special Flood Hazard Area Zones; How to use the Flood Insurance Rate Map; Determining Lowest Floor; Completing the New FEMA Elevation Certificate Date: Thursday, October 28, 2004 Time: 9:00 a.m. to 3:00 p.m. Cost: Free Location (see map insert) City of San Luis Obispo At the Ludwig Center 864 Santa Rosa Street San Luis Obispo, California 92401 TO OBTAIN A REGISTRATION FORM PLEASE CONTACT: Garret Tam Sing California Department of Water Resources — Southern District Phone: 818.543.4648 or E-mail: garrett(c-0.water.ca.gov REGISTRATION FORM National Flood Insurance Program Workshop "FEMA Elevation, Certificate" Thursday, October 28, 2004 City of San Luis Obispo at the Ludwig Center 864 Santa Rosa Street San Luis Obispo, California 93401 9:00 a.m. to 3:00 p.m. Please complete the following registration information: Name/Title 1) For NFIP Communities, contact your Floodplain Administrator to Community/Agency/Company Name determine who will attend the workshop. 2) Complete one REGISTRATION FORM for each person attending Address the workshop. 3) Register by our website or fax. City State Zip 4) Website: http://www.fpm.water.ca.aov/dwrf Telephone FAX ema.html 5) Fax No. 818.543.4604 E-mail Address Garret Tam Sing Department Department of Water Resources ❑ Community Development ❑ Public Works 770 Fairmont Avenue, #102 ❑ Building ❑ Planning Glendale, California 91203-1038 ❑ Other Phone: 818.543.4648 E-mail: _ ag rrett@water.ca.gov Deadline for Registration: The Department of Water Resources must receive this 6) For accurate processing, no registration form by October 20, 2004. phone registrations, please. COUNCIL/RDA MEETING DATE: October 19, 2004 ITEM_TITLE: Adoption of a Resolution Accepting a Donation from Windermere Realty and Chicago Title Company for the -Annual Tiny Tot Halloween Carnival RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 600 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting a donation from Windermere Realty and Chicago Title Company for the annual Tiny Tot Halloween Carnival. FISCAL IMPLICATIONS: Windermere Realty and Chicago Title have both generously donated $150 in cash and up to $150 for prizes and supplies to offset the expenses for the annual Tiny Tot Halloween Carnival that will be held on October 29, 2004. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The annual Tiny Tot Halloween Carnival is held each fall and attracts more than 50 children ages 3-7. The event budget is $500. However, the attendance at the event increases each year, requiring additional supplies. The donation of cash and supplies from both Windermere Realty and Chicago Title Company will allow the City to purchase additional supplies for the event. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Adopt a Resolution of the City Council accepting a donation from Windermere Realty and Chicago Title Company for the annual Tiny Tot Halloween Carnival; or 2. Do not adopt a Resolution of the City Council accepting a donation from Windermere Realty and Chicago .Title Company for the annual Tiny Tot Halloween Carnival; or 3. Provide staff with alternative direction. ctfulIV submitted! Do rViiz, Community Services Director Approved for submission by: 0,0000 Thomas P. Genovese, City Manager 2 89 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING DONATIONS FROM WINDERMERE REALTY AND CHICAGO TITLE COMPANY FOR THE ANNUAL TINY TOT HALLOWEEN CARNIVAL WHEREAS, on October 8, 2004, Windermere Realty and Chicago Title Company generously offered to donate $150 each in cash and up to $150 for prizes and supplies to be used for the annual Tiny Tot Halloween Carnival; and WHEREAS, the gifts were offered for donation to the City of La Quinta and were not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City of La Quinta hereby accepts the donations of $150 each in cash and up to $150 in prizes and supplies from Windermere Realty and Chicago Title Company to be used for the annual Tiny Tot Halloween Carnival. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of October, 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California n () Resolution No. 2004- Windermere and Chicago Title Donations Adopted: October 19, 2004 Page 2 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California s0, '� T r•t.icrrr�a�,m. t� c� OF 9 COUNCIL/RDA MEETING DATE: October 19, 2004 4. e� �wlN AGENDA CATEGORY: ITEM TITLE: Approval of an Art Purchase Agreement With Tom McGraw for the Old Town Mural Project RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Art Purchase Agreement with Tom McGraw for the Old Town Mural Project to be located at Old Town La Quinta. FISCAL IMPLICATIONS: The City Council allocated $9,461 from the Art. in Public Places fund for this project. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the September 9, 2004 Cultural Arts Commission meeting, the Cultural Arts Commission (Commission) reviewed a proposal by artist Tom McGraw for a mural project for Old Town La Quinta (located on the northeast corner of Avenida Bermudas and Avenida La Fonda). The project consists of two murals to be incorporated into the design of the buildings. One mural depicts early California style clay pots filled with native plants. The approximate size of this project is 10 feet wide by 5 feet high. It would be located on the south side of the Carmel building next to the Main Street Bar and Grill. The cost of this mural is $3,61 1 . The second mural would be located at the end of the south walkway, near Postal Mania. Currently, there is a large blank alcove at the end of the walkway. The mural would depict a shuttered window and native sunflowers, according to the 94 artist. The approximate size of this mural is 9 feet wide by 9 feet high. The cost of this mural is $5,850. The Commission recommended funding the mural project at Old Town La Quinta. At the October 5, 2004 City Council meeting, the City Council approved the Old Town Mural project as presented and allocated $9,461 from the Art in Public Places account for this project. The owner of Old Town La Quinta buildings, Wells Marvin, has submitted correspondence regarding the installation and ownership of the murals on the La Quinta and Carmel buildings, as provided in Attachment 1. Attachment 2 provides the Art Purchase Agreement between the City and Mr. McGraw. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Art Purchase Agreement with Tom McGraw for the Old Town Mural Project to be located at Old Town La Quinta; or 2. Do not approve the Art Purchase Agreement with Tom McGraw for the Old Town Mural Project to be located at Old Town La Quinta; or 3. Provide staff with alternative direction. peotfully submitted, orvitz, Coma unity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Correspondence from Wells Marvin 2. Art Purchase Agreement with Tom McGraw 2 93 OCT-12-04 TUE 05:01 PM MARVIN HOMES FAX NO. 7807715C P. 01 ATTACHMENT 1 October 12, 2004 OLO 7'ovU� ]C,A Qujr1j-n City of La Quinta Honorable Mayor and Members of the City Council 78-•495 Calle Tampico La Quinta, CA 92253 Dear Mayor and Council Members, Thank you for considering and ultimately approving the two tile murals for Old Town La Quinta Project at the October 6, 2004 City Council meeting. As the owner of the property, I give my permission to have the tile murals installed at the two locations presented at the City Council meeting, 1 understand that the tile murals will become the property of the City upon completion, and the City will be responsible for the maintenance and repair of the murals. I further understand that the City will not be held responsible for the wall in which the murals are attached, beyond the maintenance of the murals. I further understand that upon acceptance of the mural by the City, the murals become City property and therefore cannot be removed or altered by Old Town La Quinta without express written approval by the City, Very Truly Yours, Wells L. Marvin President, Marvin Investments, Inc. Managing Member for Old Town La Quinta , LLC 01:� 3 18-01!P Alrtin lrt c If !�Itil.• '.�f)!i ♦ 1- C2to lit. CA 4 (760) 77%'-'7770 1� 94 "� �X (7C�U) 77'1-_�1�:�% • c•—ii�.ti�c �t•��:<ir1r,(rt).,I,d�..,..,.1......., .. ATTACHMENT 2 ART PURCHASE AGREEMENT THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this 19th day of October 2004; by and among THE CITY OF LA QUINTA, a California municipal corporation (the "City") and Tom McGraw, an individual (Artist). RECITALS A. A Developer has requested that two tile murals be installed at two locations on his property known as Old Town La Quinta, on Avenida La Fonda. To meet the requirements for artwork pursuant to Chapter 2.65 of the City Municipal Code, the City Council is commissioning the fabrication and installation of certain ARTWORK (the "Artwork") to be installed and displayed by the artist at the SITE LOCATION (La Quinta Building at Old Town La Quinta and the Carmel Building at Old Town La Quinta (the "Site Location") . NOW, THEREFORE, the parties hereto, for the consideration and under the conditions hereinafter set forth, hereby mutually agree as follows: ARTICLE I. SCOPE OF SERVICES 1.1 Scope of Design Services. Artist shall prepare or cause to be prepared, any required approvals for all shop drawings, details, and samples, and shall do all other things necessary and incidental to the performance of the Artist's obligations pursuant to this Agreement. 1.2 Scope of Fabrication Services. Artist shall fabricate, transport and install the Artwork pursuant to and by the times set forth in the Scope of Design Build Services and the Schedule of Performance attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this reference. The City shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit to the City monthly progress narratives, including photographs, as required by the Schedule of Performance (Exhibit B). The narratives shall include the percentage of the Artwork completed to date, along with an estimated completion date. Artist shall furnish all tools, equipment, apparatus, facilities, plant, labor, services, materials, and all utilities and transportation, including power, fuel, and water, and to perform all work necessary to construct, transport and install in a good and workmanlike manner the scope of work set forth in the Scope of Design Build Services (Exhibit A), or reasonably inferable therein, together with the appurtenances thereto, at the Site Location. It is understood and agreed that all said plant, labor, services, materials, equipment, and facilities shall be furnished and said work performed and completed by Artist as an independent contractor, subject to the inspection and approval of the City or its representatives. S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement -McGraw Murals.doc vA 95 The Artist shall present to the City in writing for further review and approval any and all significant changes in the scope, design, color, size, material or texture, of the Artwork not permitted by or not in substantial conformity with the approved working drawings and the Scope of Design Build Services (Exhibit A) . A significant change is any Ichange in the scope, design, color, size, material, texture, or Site Location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services (Exhibit A) . Artist shall at all times maintain proper facilities and provide safe access for inspection of the Artwork by the City, its engineer or representatives, and to the sites wherein the Artwork is located prior to installation. Where specifications require work to be specially tested or approved, it shall not be tested without timely notice to the City, of its readiness for inspection and without the approval thereof, or consent thereto by the City. The Artist shall promptly notify the respective departments or official bodies when the artist's work is ready for inspection and the artist agrees, at once, do all work required to remove any violations or to comply with such inspections, without additional charge to the City. The Artist shall perform all work necessary to obtain approvals from the authorities mentioned above without additional cost to the City. 1.3 Change Orders. In addition to the change orders and extra work specified and provided for in the Scope of Design Build Services (Exhibit A), the City may at any time during the progress of the completion and installation of the Artwork and up to the date of the issuance of a Notice of Completion as hereinafter defined, when in the City's reasonable determination the public interest and necessity so require, request any alterations, deviations, additions to or omissions from this Agreement, Scope of Design Build Services (Exhibit A), or the work, labor and materials to be furnished there under, and the same shall in no way affect or make void this Agreement. Artist shall adhere strictly to the Scope of Design Build Services (Exhibit A), unless a change there from is authorized in writing. In such case, the terms of said change shall be understood and agreed upon in writing by the City and Artist before commencement of said revised work. 1.4 Post -Fabrication Services. a. The Artist shall notify the City in writing when fabrication of the Artwork is completed and ready for delivery and installation at the Site Location, which is designated in Exhibit E, attached hereto and incorporated herein by reference. b. Upon completion and at all times during fabrication and installation, the Artwork shall comply with all applicable statutes, ordinances and regulations of any governmental agency having jurisdiction over the Artwork. S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement -McGraw Murals.doc 1.5 Post -Installation. a. The Artist shall be available at such reasonable time or times as may be agreed between the City and Artist to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork. b. The City shall use reasonable efforts to arrange for publicity for the completed Artwork by local media and publications, and otherwise as may be determined between the City and Artist as soon as practicable following installation. C. Upon installation of the Artwork, the Artist shall provide the City with written instructions for appropriate maintenance and preservation of the Artwork. 1.6 Final Acceptance. a. The Artist shall advise the City in writing that the Artwork will become the responsibility of the City on the effective date of completion of the project and the acceptance as complete by the City. Following receipt of such notice the City shall cause the installed Artwork to be inspected by suitably qualified and appropriate professional(s), and within five (5) days following completion of such inspection(s), the City shall either provide the artist with reasonably specific written objections to the installed Artwork or notify the artist of its acceptance of the Artwork by a Notice of Completion in the form attached hereto as Exhibit D. Such Notice of Completion (Exhibit D) shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. b. Final Acceptance by the City of the ownership of the Artwork will occur at the filing of the Notice of Completion. At that time, the ownership and responsibility for the Artwork will rest with the City of La Quinta. 1.7 Risk of Loss. Upon receipt of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by the City. The Artist shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the Notice of Completion is made by the City. 1.8 Title. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall remain with the Artist during fabrication and installation, and shall pass and vest with the City upon issuance of Final Acceptance or Termination pursuant to Article IX hereof. 1.9 Payment: The artist shall be paid the compensation set forth in Exhibit C. The total compensation to be paid to the Artist shall not exceed $9,461(nine thousand four hundred sixty one dollars). c-%rnmmnnity QArvins•c\ A rt Tn Thohlin Plans+v\ A nrA+ ms+nte\ A rt UnrnhocP A arPs mnnt_Mn(:rnw Adnrolc Am- ARTICLE II. TIME OF PERFORMANCE 2.1 Time. The Artist agrees to punctually and diligently perform all obligations under this Agreement. It is further understood and agreed that should the Artist fail to furnish the labor, materials, equipment, and or services, to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Artist shall, in addition to any other penalties provided in the Agreement, be liable to the City for all losses or damages that either may suffer on account thereof. In the event Artist at the time refuses or neglects to supply a sufficient number of properly skilled workers or a sufficient quantity of materials of proper quality, or in effect be adjudicated bankrupt, or files a voluntary petition in bankruptcy, or commits any act of insolvency, or makes an assignment, for benefit or creditors, without the City's prior written consent, or fails to make prompt payment to his material men and laborers, or fails in any respect to properly and diligently prosecute the work covered by this Agreement, or otherwise fails to perform fully any and all of the Covenants and obligations herein contained; then the City may, at its option, (1) after giving twenty-four (24) hours written notice to Artist and City as applicable, provide any. such labor and materials as may be necessary ; or (2) terminate the Artist's right to proceed with the work and, in the event, the City, at its option, shall have the right to enter upon the Artist's warehouse and take possession, for the purpose of completing the work included under this Agreement, of the Artwork or any portion thereof, and all materials, tools, and appliances thereon, and may employ any other person or persons to finish the work and provide the materials therefore. In the event City provides labor and/or materials, as set forth in (1) above, or finishes the work, as set forth in (2) above, City may deduct the cost of such labor and materials and all costs incurred in finishing the work, if applicable, from any money then due or thereafter to become due to Artist under this Agreement until the work undertaken by the City is completely finished. At that time, if the unpaid balance of the amount to be paid to the Artist under this Agreement exceeds the expenses incurred by the City in providing labor and materials and/or in finishing Artist's work, such excess shall be paid by the City to Artist, but if such expense shall exceed such unpaid balance, then Artist shall promptly pay to City the amount by which such expense shall exceed such unpaid balance. The expense incurred by the City as herein provided, either for furnishing materials, or for finishing the work, and any damages incurred by the City by reason of Artist's default, shall be chargeable to, and paid by Artist, aforesaid, to secure the payment thereof. If the City elects not to terminate Artist's right to proceed, Artist agrees to reimburse the City for losses or damages resulting for the delay in speedy progress of work. If Artist should neglect to prosecute the work properly or fail to perform any provisions of this Agreement, the City, after ten (10) days written notice to Artist, may without prejudice to any other remedy it may have make good such deficiencies. In the event the City makes good such deficiencies, it may deduct the cost thereof from the payment then or thereafter - due Artist. In addition to specific provisions of Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war, S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement -McGraw Murals.doc J-$ insurrection, strikes, lock -outs, riots, floods, earthquakes, fires, casualties, supernatural causes, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplies, acts of the other party, acts or failure to act of any public or governmental agency or entity, including, without limitation, unreasonable delays in the processing and issuance of required permits for the installation of the Artwork by Artist (except that any act or failure to act of City shall not excuse performance by City) or any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. Notwithstanding the foregoing, market and economic conditions shall not entitle Artist to an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within ten (10) days of knowledge of the commencement of the cause. In addition, times of performance under this Agreement may be extended by mutual written agreement by City and Artist. ARTICLE III. WARRANTIES 3.1 Title. The Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City that the Artwork is unique and original and does not infringe upon any copyright; (c) the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Artwork is free and clear of any and all encumbrances and/or monetary liens. 3.2 Quality and Condition. The Artist represents and warrants, except as otherwise disclosed to the City in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City. The warranties described in this Section 3.2 shall survive for a period of one (1) year after the Acceptance of the Artwork, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from after Acceptance of the Artwork. The City shall give notice to the Artist of any observed and claimed breach with reasonable promptness. The Artist shall, at the request of the City and at no cost to the City cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork) . S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement -McGraw Murals.doc r1 = ARTICLE IV. PERFORMANCE BONDS The Artist shall not be required by the City to post any performance bonds or similar undertakings, and any requirement of any other authority for performance bonds shall be the responsibility of the City. Nevertheless, Artist shall prevent any lien from attaching to the Artwork by any person claiming under Artist. ARTICLE V. REPRODUCTION RIGHTS 5.1 General. The Artist shall retain all rights under the Copyright Act of 1976, 17' U.S.C. Sections 101 et seg., and all other rights in and to the Artwork except ownership and possession, except as such rights are limited by this Agreement. In view of the intention that the Artwork in its final dimension shall be unique, the Artist shall not make any additional exact' duplicate, dimensional reproductions of the final artwork, nor shall the Artist grant permission to others to do so except with the written permission of the City provided, however, that at such time as Final Acceptance by the City, the City alone may grant such approval. The Artist grants to the City and its assigns an irrevocable license to make two-dimensional reproductions of the Artwork for noncommercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications, provided that these rights are exercised in a tasteful and professional manner. 5.2 Notice. All reproductions by the City shall contain a credit to the Artist and denote its location, provided that United States copyright law protects the Artwork and reasonable' substantiation thereof is provided to the City. 5.3 Registration. The Artist may at its expense cause to be registered, with the United' States Register of Copyrights, a copyright in the Artwork in the Artist's name. ARTICLE VI. ARTIST'S RIGHTS 6.1 Identification. The City shall, at its expense, prepare and install at the site location, a plaque identifying the Artist, the title of the Artwork and the year of completion, and shall reasonably maintain such notice in good repair against the ravages of time, vandalism and the elements. 6.2 Maintenance. The parties recognize that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. 6.3 Repairs and Restoration. a. The City shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. To the extent practical, the Artist, during the Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided .that the City and the Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon the Artist's fee for such services. 19 Q-%rnmmnnit%r QPr%AnAc\ A rt Tn Dnhlir Alaracl A lvrAPmAnty\ A rt Anrrhaec A nrnamant_Mnllrow NAnrole Ann 100 No fees shall be paid to Artist for repair or restoration due to a breach of the representations and warranties set forth herein. b. All repairs and restorations shall be made in accordance with recognized principles of conservation. 6.4 Maintenance and Alteration of the Artwork. a. The City shall maintain the Artwork in a manner that the City determines appropriate in its sole discretion. All decisions regarding alterations to the Artwork are within the sole and absolute discretion of the City. b. The City shall use its reasonable efforts to meet and consult with Artist prior to the time of making any alteration. If any alteration is made without the consent of Artist, Artist shall have the right to direct the City to remove Artist's name from the Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with the California Art Preservation Act, as set forth in Section 987 of the California Civil Code and the Visual Artists Rights Act of 1990, as set forth in 17 United States Code Annotated, Section 106A, and the rights and protection afforded Artist there under, and Artist hereby waives each and all of Artist's rights and protection under Section 987 of the California Civil Code and under 17 United States Code Annotated, Section 106A, to the extent such rights and protection are inconsistent with this Section 6.4; provided, however, that to the extent that the rights and protection afforded Artist under Section 987 of the California Civil Code are not inconsistent with this Section 6.4 or pertain to matters that are not dealt with in this Section 6.4, Artist shall retain such rights and protection. 6.5 Permanent Record. The City shall maintain a record of this Agreement and of the location and disposition of the Artwork. 6.6 Artist's Address. The Artist shall notify the City of changes in address. The City shall take reasonable effort(s) to locate the Artist when matters arise relating to the Artist's rights under this Agreement. 6.7 Surviving_ Covenants. The covenants and obligations set forth in this Article VI shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and the City's covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein. Upon the death of the Artist, the representative of Artist's estate shall assume the surviving covenants and obligations of Artist set forth in this Article VI. ARTICLE VII. ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and not as an agent, joint venturer, partner or an employee of the City. The Artist shall not: 10 S:Tommunity Services\Art In Public Places\Aereements\Art Purchase Aereement-McGraw Murals.doc 1�.1: a. be supervised by any employee or official of the City; b. exercise supervision over any employee or official of the City; C. have authority to contract for or bind the City in any manner; or represent itself as an agent of the City; or otherwise be authorized to act for or on behalf of the City; d. has status as the City's employee or has any right to any benefits that the City grants to its employees. ARTICLE VIII. ASSIGNMENT OR TRANSFER No party shall assign or transfer an interest in this Agreement without the prior written consent of the other parties, provided, however, that claims for money due or to become due from the City under this Agreement may be assigned to a financial institution without approval. ARTICLE IX. TERMINATION The City may, at either its option, by written notice to the Artist, terminate this Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in accordance with the terms hereof or any other breach by Artist of the terms of this Agreement, and such failure or breach continues uncured for fifteen (15) days following notice thereof from the City to Artist ("Termination for Default"), or (b) at any other time in the sole and absolute discretion of the City ("Discretionary Termination"). Termination for Default and Discretionary Termination are sometimes hereinafter collectively referred to as "Termination". Upon Termination, except as provided in this Article IX, all parties shall be released from all further obligations and liability hereunder. Effective upon a Termination, the Artwork, or so much thereof or has then been completed, shall be transferred to and shall belong to the City. In such event and upon Artist's written request, the City shall remove Artist's name from the Artwork. ARTICLE X. CONTRACTOR ADMINISTRATOR The Contract Administrator for this Agreement shall be the City Community Services Director. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City, the City Community Services Director shall represent and act for the City. ARTICLE XI. NON-DISCRIMINATION In carrying out the performance of the services designated herein, none of the Artist and the City shall discriminate as to race, color, creed, religion, marital status, national origin or ancestry, and the Artist shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended. S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement -McGraw Murals.doc ARTICLE XII. ENTIRE AGREEMENT This Agreement, and all of the exhibits attached hereto, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth herein above. ARTICLE XIII. MODIFICATION No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. ARTICLE XIV. WAIVER No waiver of performance by any party hereto shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. ARTICLE XV. GOVERNING LAW 15.1 This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 15.2 In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, any party hereto may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District Court in the district of California, which includes Riverside County. 15.3 If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other .party of the legal fees and costs, including reasonable attorney fees and expert witness fees, incurred by the prevailing party in connection with the legal action or proceeding. ARTICLE XVI. HEIRS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the City and 103 Artist, and their respective heirs, personal representatives, successors and permitted assigns. f 2 Q•kre%mmnnity QPrvirac\ A rt Tn %thlie, AlarPc\ A nrPPmPnta\ A rt AnrrhacP A nrPPmantA4Pr.raut ?%4iirA1c Ano ARTICLE XVII. NOTICES All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: a. if to the City, to: City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 Attention: Community Services Director 760-777-7032 b. if to the Artist, to: Tom McGraw 53-185 Avenida Mendoza La Quinta, CA 92253 760-564-5843 ARTICLE XVIII. INDEMNITY With respect to acts, errors or omissions in the performance of Artist's obligations hereunder, Artist agrees to indemnify and hold harmless the City and its officers, agents, employees, and representatives from and against any and all claims, demands, defense costs, liability or consequential damage of any kind or nature arising out of Artist's (including either of their subcontractors, agents, employees, assigns or licensees) negligent and/or willful acts, errors or omissions in the performance of Artist's obligations under this Agreement. With respect to acts, errors or omissions in the performance of the City's obligations hereunder, the City agrees to indemnify and hold harmless Artist from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising out of the City's (including its contractors') negligent and/or willful acts, errors or omissions in the performance of the City's obligations under this Agreement. The foregoing indemnities shall be in effect without regard to the maintenance of insurance coverage for any such loss, costs, claims, damages or expenses. 104 13 Q•\rnmmvinity QPrvirr+c\ A rt Tn Puhlirr, Plorac\ A an-AmPntc\ A rt PiirrhocP A /TrPPnlPnt_NAr(:roty AAnrolc Ant- t/ ARTICLE XIX. INSURANCE 19.1 Policies. Throughout fabrication of the Artwork the Artist shall maintain Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability (employee and contractual exclusions deleted), Products/Completed Operations Liability, Broad -Form Property Damage and Independent Contractors' ($1,000,000) per occurrence, combined single limit, written on an occurrence form, and such other forms and amounts of insurance as the City may deem necessary or desirable. All required insurance shall be evidenced by an insurance policy or policies (or the renewal or replacement thereof) reasonably acceptable to the City. Artist, as applicable, shall not proceed with any work nor receive payment under this Agreement until, among other things; the City has received the appropriate insurance certificates. Artist, prior to completion, shall maintain or cause to be maintained standard all- risk property insurance in an amount equal to or greater than the full replacement value of the Artwork. The Artist's General Liability policy required by this Agreement shall contain the following clauses: "The City of La Quinta and its officers, agents, employees, representatives, and volunteers are added as additional insured as respective operations and activities of, or on behalf of the named insured, performed under contract with the City of La Quinta. " Prior to commencing any work under this Agreement, Artist shall deliver to the City insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clause referenced above. Also, within thirty (30) days of the execution date of this Agreement, Artist shall provide to the City an endorsement to the General Liability policy, which adds to this policy the applicable clause referenced above. Said endorsement shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by the City, it shall be the Artist's responsibility to see that the City receives documentation acceptable to the City, which sustains that the individual signing said endorsement is indeed authorized to do so by the insurance company. Also, the City has the right to demand, and to receive within a reasonable time period, copies of any insurance policy required under this Agreement. In addition to any other remedies the City may have if Artist fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option, terminate this Agreement. City's termination of the Agreement, however, is an alternative to other remedies the City may have, and is not the exclusive remedy for Artist's failure to maintain insurance or l 05 S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement -McGraw Murals.doc secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Artist may be held responsible for payments of damages to persons or property resulting from Artist's, or Artist's respective agents' contractors' or subcontractors', performance of the work covered under this Agreement. ARTICLE XX. GENERAL 20.1 Any provisions of this Agreement, which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 20.2 Whenever in the specifications any materials or process is indicated or specified by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL", and Artist may offer any material or process which shall be equal in every respect to that so indicated or specified. 20.3 Artist shall not offer any substitute in said proposal or if a substitute so offered by Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be' so specified, then such one as shall be required by the City. 20.4 Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should the Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by the City. 20.5 The City shall give any subsequent owner of the Artwork written notice of the covenants contained herein, and shall cause each such successive owner to be bound thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. CITY: CITY OF LA QUINTA, a California Municipal Corporation I' o THOMAS P. GENOVESE, City Manager 106 City of La Quinta, California «15 Q-krnmmnnity CPrvinPaX A rt In Anhlir Dlorao\ A arPPmPntc\ A rt UnrrhaaP A rtrPPmPntJ At rrA%v Ahiralo tint` ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ARTIST: M S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement -McGraw Murals.doc 10 I u16 EXHIBIT A SCOPE OF DESIGN BUILD SERVICES I. SCOPE OF WORK 1. Artist shall furnish all labor, engineering, material, tools, equipment, etc., required to design the Artwork in accordance with the quality level and intent of the concept drawings as prepared by Artist and approved by the City, along with all governing agency requirements and code criteria. 2. Artist is responsible for submitting all required documents relating to the Artwork design to appropriate government agencies so that building plan check and all required permits may be obtained in a timely manner. 3. Artist shall immediately notify the City in writing of any cost impact or schedule impact whether increase or decrease, resulting from any modifications to the design. Any redesign fees or any other costs incurred by the City due to Artist's negligence or failure to keep the City informed of scope variances in a timely manner shall be charged to the Artist. 4. Artist shall complete the design in sufficient scale and detail as required by the City and governmental authorities for approval. The design documents shall bear the stamp of a professional Mechanical, Structural and/or Electrical Engineer(s) licensed in the State of California deemed necessary. 5. Artist's design and specifications shall be subject to approval by the City and its consultants. II. GENERAL ITEMS OF INCLUSION: As a further clarification to the plans and specifications, the work shall include but not necessarily be limited to the following: 1. Artist shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to the City prior to installing any material. The installation of any material constitutes the Artist's complete acceptance of all substrates as compatible with the work under this agreement. 2. Any work not provided for in this Agreement must be authorized by the City prior to the installation of such work. 3. Artist is responsible for all repairs or replacement of any existing property or work which is damaged as a result of the performance of the work under this Agreement. 4. Artist shall provide for all unloading, hoisting, scaffolding, and bracing for the r. 17 U S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement -McGraw Murals.doc Artwork. 5. Artist shall provide all drilling, coring, cutting, fastening, and welding required for the Artwork. 6. Artist shall provide all speciality lighting required to complete the artwork. 7. Artist shall supply all landscaping required to complete the Artwork. III. SPECIFIC ITEMS OF INCLUSION 1. The Artwork consists of two tile murals: On the La .Quinta Building, location depicted in exhibit E, one tile mural will consist of high and low fired glazed mosaic tiles depicting a shuttered window and native sunflowers. The approximate size of this mural will be 9 feet wide by 9 feet high. Colors of the tile will reflect approved colors for the Old Town La Quinta project and represent real life colors of sunflowers. On the Carmel Building, location depicted in exhibit E, one tile mural will consist of high and low fired glazed mosaic tiles depicting two pots, designed in early California motif filled with native plants. The approximate size of this mural will be 10 feet wide by 5 feet high. Colors of the tile will reflect approved colors for the Old Town La Quinta project and represent real life colors of native plants. u18 9 S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement -McGraw Murals.doc EXHIBIT B SCHEDULE OF PERFORMANCE SCHEDULING: The project will take approximately 180 days to complete the fabrication of the Artwork. Work will commence during the month of October 2004 and completed, installed and functioning by April 2005. REVIEWS: There may be one review by the Cultural Arts Commission of the work in progress if the Commission deems it necessary . The project may be reviewed by the City Council as deemed appropriate. 19 S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement -McGraw Murals.doc 110 EXHIBIT C SCHEDULE OF COMPENSATION PRICE: Basic Contract: Total Not to Exceed SCHEDULE OF PAYMENTS: $99461 $99461 First payment due upon approval of $49730.50 Art Purchase Agreement (50%) Second payment due upon filing Notice of $49730.50 Completion 20 ill & Community Services\Art In Public Places\Agreements\Art Purchase Agreement -McGraw Murals.doc EXHIBIT D NOTICE OF COMPLETION FOR ARTWORK Piece of Artwork: WHEREAS, by that certain Art Purchase Agreement dated October 19 2004 ("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation (the "City ) contracted with Tom McGraw (Artist) to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, the City shall furnish Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the parties hereto certify as follows: 1. As provided in the Agreement, the City does hereby certify that the fabrication and installation of the Artwork has been fully performed and completed. Any executory obligations pursuant to the Agreement, which are hereby incorporated herein by reference, shall remain enforceable according to their terms. 2. Nothing contained in this instrument shall modify in any other way, any executory portions of the Agreement. IN WITNESS WHEREOF, the City has executed this certificate this day of , 2005. CITY OF LA QUINTA, a California municipal corporation by: -21 S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement -McGraw Murals.doc 1I� y$ a s e r a . J 7' 2 LA JOLLA BUILDING 22 a° 10 20 O r1�, 7 r' _ 12 13 14 16 i '1'IN `Wr, r r.m:. !i y w x x 23 23 low Fr k A r � �s 24 21 rs* 3 i 5 25 ARMIEL BUILDING 29 "2 4 $7 �, 26 i, t �.••: = r' Existing arch and column ,N, ,,; • r r '' �' • " " ' ' New P recessed wall with •- ••�"''�' exterior plaster to match existing z .. WEST ELEVATION (EAST SIMILAR) WEST ELEVATION ADDENDUM A 3/3/04 10' = 1'-0" ■ John stanford architect 3 ■ ■ 73-350 el paseo suite 207 palm desert, ca. tel. (760) 776-8478 fax (760) 776-8477 t1 BUILDING C 24 115 i — — . .—M . � 2 IPMES s l Man ^ 1 1 t 2j1 6 COUNCIL/RDA MEETING DATE: October 19, 2004 ITEM TITLE: Approval of Participation in the Senior Inspirations Awards Program and Selection of City Recipient RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the City of La Quinta's participation in the Senior Inspirations Awards Program and selection of Robert Alcala as the City's recipient for the program. FISCAL IMPLICATIONS: Participation in the Senior Inspirations Awards program requires a contribution of $2,500 that entitles the City to two tables at the event, pays for the recipient's gift, and supplies a photograph for the program. The Community Services Department budget contains $700 for this program. Should the City Council elect to participate in this program, the remaining $1,800 can be reallocated from the Senior Center's General Maintenance budgetthat has adequate funds for Fiscal Year 2004-05. The Senior Center General Maintenance budget contains 'funds that would be used in the event of a repair being needed at the facility or to equipment at the facility. As of this report, it is not anticipated the General Maintenance budget will be needed in the near future. Should the need arise, staff will request additional funds during the mid -year review process. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND.OVERVIEW: The Senior Inspirations Awards Program was formerly known as the "Living for Your 90's Senior Inspirations Awards Program" and provides an opportunity to 117 recognize and honor outstanding seniors throughout the Coachella Valley as provided in Attachment 1. As in the past, the "Friends of the La Quinta Senior Center" have selected a recipient for City Council consideration. Robert Alcala has been nominated as an outstanding senior candidate who has met the following criteria: the honoree should be at least 70 years old; reside in the City of La Quinta; demonstrate involvement in community affairs for a lengthy period of time; and personify a healthy and active attitude and lifestyle. Attachment 2 provides a brief biography of Mr. Alcala that will be printed in the program provided at the Senior Inspiration Luncheon to be held on March 28, 2005. The City of La Quinta has sponsored this event since the program's inception in 1993. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the City of La Quinta's participation in the Senior Inspiration Awards Program and selection of Robert Alcala as the City's recipient for the program, and appropriate $1,800 from the Senior Center General Maintenance account; or 2. Do not approve the City of La Quinta's participation in the Senior Inspiration Awards Program; or 3. Provide staff with alternative direction. Ily sub i' ted, DodTe'Horvitz, Comm nity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Information Regarding Senior Inspirations Awards Program 2. Robert Alcala's Information 002 118 RIVERSIDE OMCE: 4080 Lemon Street,14th Floor Riverside, CA 92502-1647 (909) 955-1040 Fax (909) 955-2194 Mayor Don Adolph City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Dear Mayor Adolph: ATTACHMENT 1 DIs-rlucr OmcFJMNr.,uvc AnnisEss: CAA 46-200 Oasis Street, Ste. 318 e y Indio, CA 92201-5933 (760) 863-8211 I A_ Fax (760) 8634M5 SUPERVISOR ROY WILSON FOURTH DISTRICT October 4, 2004 The County of Riverside and the nine incorporated cities of the Coachella Valley have started planning for next year's Senior Inspiration Awards. The luncheon will be held March 28, 2005 at 11:30 a.m. at the Hyatt Grand Champions Resort in Indian Wells. We eagerly look forward to another successful event in the tradition of prior years' successes. Each City's involvement in the selection process and participation in the program is essential. At the Mayors and City Managers meeting in June 2003, each city agreed to take on the sponsorship needed to continue this event. At a subsequent meeting, the amount of city sponsorship. was set at $2,500. We are counting on your participation to make next year's event a great success. To this end, we are again asking each City to select one individual man or woman outstanding senior recipient who meets the following criteria: • Your one honoree must be at least 70 years old; • Reside in your city; • Be actively involved in community affairs for a lengthy period of time; • Deserves to receive recognition and/or may not otherwise receive recognition for their service to the community; • Personify a healthy, active, and contributing attitude and lifestyle We. ask that each city provide a brief summary (maximum 150 words) on why you (the City) chose that person. A nomination form is enclosed, and should be returned by Friday, January 7, 2005. This information will be incorporated into the program, which will be distributed to all attendees at the Awards Luncheon. The $2,500 City Sponsorship package includes two tables for 10 (total 20 guests), the recipient's gift, listing in the event program, and recognition at the event. Table One should include your recipient and their one guest, City elected officials and/or staff; and Table Two should include family members of your recipient, the City's 2004 recipient and/or additional city staff or other city guests. Additional tables of 10 are $250. Checks should be made out to Senior Inspiration Awards, and mailed to Nora Matlock, RAP Foundation, 42-600 Cook Street, Palm Desert, CA 92211. An invoice is enclosed. We must receive your sponsorship check by January 7, 2005. We are also seeking corporate sponsors for this event. A letter has been enclosed for potential contributors of which you may be aware. You may contact Lynda Kerney in my office at (760) 863-8211 should you require any further information about sponsorships or have any questions. We look forward to your participation in this most unique tribute to our seniors. Si rely, R Wilson F urth Dis ' Supervisor encl.'! �t 119 InnRNET: district4aa.co.riverside.ca.ns "RATIO w �J Mayor Don Adolph City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 2005 Senior Inspiration Awards c% Riverside County Supervisor Roy Wilson 46-200 Oasis Street, Suite 318 Indio, CA 92201 INVOICE October 4, 2004 EVENT DATE DESCRIPTION: AMOUNT: Monday, March 28, 2005 Senior Inspiration Awards luncheon Two Tables of 10 and City sponsorship $2,500.00 Please remit by January 7, 2005 Thank you for your support! TOTAL DUE $2,500.00 MAKE PAYABLE TO: Senior Inspiration Awards MAIL, CHECK TO: Nora Matlock c% RAP Foundation 42-600 Cook Street, #201 A Palm Desert CA 92211 "')r,,A20 10/08/2004 12:17 FAX 0 002/003 ATTACHMENT 2 2005 Senior InTiraiion ■ war& NOMINATION FORM (ease do not ornbaffm your notwo a by not m"ft the award crrterra Must to * Malt 70 cars old: ,ssids in yw *r. ad iv lomm M wwwW afto for a knomy iwrW of thw, D**& s to moo" mc*VA0n and/or ► W not oftrofte IPCWW9 thek siruft to tho ONVU, wft Pwomiiy a heahy, 804, 8110 ooatftvft sttituds ON Ahstyia :NOXiWOV eUY- City .of La Quinta &CtpT=t'S TirSt a?CdMe' Robert Alcala Ab Adir SWn Air * Za 193� Waft dra$. 51470 Avenida Carranza La Quinta, CA 92253 Ter. ,760-564567 E" gG t'$ ft (1150 uyg or W See -attachment -- , bktn69a@aol.com lip q*a se fax itcformatson to ,Sxpm*or *6on's of ce 76&863-8-W5 6y , fan. 7 Ou5 121 sr� ROBERT ALCALA Robert Alcala, a fifth generation California native, became involved in La Quinta Community activities in 1993 as a volunteer for the Arts Foundation. Since that time he has been an active volunteer in many local organizations and civic , functions. He teaches basic computer language at the La Quinta Senior Center and in 1998 became a member of the board of the "Friends of the La Quinta. Senior Center." Bob was elected president of the "Friends" in 2001 and is still serving in that position. He was instrumental in upgrading the senior center computer lab, the purchase of an electronic piano, and acquiring the mural depicting La Quinta at the Senior Center, a combined effort of the City�the Art Foundation and the "Friends." Robert is a veteran of the USAF; was stationed in Asia and Europe. Previous education was completed at the Los Angeles Community College where he studied engineering, drafting and surveying. Robert was employed at IBM for 26 years as a Customer Service Engineer specializing in computer technology and servicing selected customer accounts. Robert retired in 1992, moved to La Quinta with his wife Paulette. They have been, married for 43 years, have two children and three grandchildren. 2002 6 122 COUNCIL/RDA MEETING DATE: October 19, 2004 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31681-1, Coral Mountain at Andalusia, Coral Option I, LLC RECOMMENDATION: rw AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: v STUDY SESSION: PUBLIC HEARING: Adopt a Resolution granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 31681-1, Coral Mountain at Andalusia, Coral Option I, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31681-1 is located south of Avenue 58 and east of Madison Street (Attachment 1). This residential development will consist of 55 lots on approximately 26.3 acres (Attachment 2). On July 6, 2004, the City Council approved Tentative Tract Map No. 31681. The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer, but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects that all signatures will be in place within the time allowed for its conditional approval. 123 Staff has prepared a Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (November 18, 2004), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and the associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If City staff within the specified time frame does not receive any of the required items, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31681-1, Coral Mountain at Andalusia, Coral Option I, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional'approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31681-1, Coral Mountain at Andalusia, Coral Option I, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, imothyV Jo a son, P.E. Public Works D rector/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 124 RESOLUTION NO. 2004-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 31681-1, CORAL MOUNTAIN AT ANDALUSIA, CORAL OPTION I, LLC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map No. 31681-1 is conditionally approved provided the subdivider submits all required items on or before November 18, 2004. 3 125 Resolution No. 2004- Tract Map No. 31681-1, Coral Mountain at Andalusia Adopted: October 19, 2004 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until: the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her I attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on November 18, 2004. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of October, 2004, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California 4 1`'6 Resolution No. 2004- Tract Map No. 31681-1, Coral Mountain at Andalusia Adopted: October 19, 2004 Page 3 ATTEST: JUNE S. GREEK, CIVIC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 5 127 ATTACHMENT 1 +, m to w z w y W Ilaa t s •- uj uiui YOle ATTACHMENT: Rgi00 } � s 9 13381S 308NOw .IrM MOAN tj r4lt �� II CIS II �� II � II a 133dVd (I 133NIS i NOSIO` YI I I < S ouls 1 � ppg _ .�� O I.— 12 p 0 �� M Z AK .1 •7wJf � 77— tZ �f11 �� V ^ F•O IW 1a1 r Z�-� WLLJ N Z W (n W 17711S 1OSMW yy►� ii� �i Z N r W ZW i ue (n d 0 19 ® E9 30 m ,Z* \fqc \ 1 rig w DIN40 aI iq 131 1W "ININ,, Wig jj a Names W 0 is is I iwWiiiWis WINN ',4 ri!✓! r! mom Oil E OM MWO WM INNgi WjNiW6j wwwwai'mW66: H �7 mom i-i��i6ow6wwwwNima,iiwiaw M Mi� i V-4 Nii-iiiiiiiii EN kikii is -Ili i�ri Cl 'i�`i ri u:,.y irir+, r, r� ,i,i•i w� CiWN ��a li Ifyfi Ki F.�,. �,.:. r u,i. lyr, �' J rY ` [■y yJ ` Nall �!i��7q!7rm 7.1�q 111711'��l�t�riift iiwiiwiiii momm Nis �iirr��rr ��iNirr�arril��i�ir��W��r�� Lt r,ririv, L'ir�r,.. �., C,��;'r, vi�ri r, �C� ��:.i r, r,i„+.,., i.•L. +1.., `.., i.l pia '"�,wiia �iy �� iL1.�C1 .., L; r, r f r, �Lf 47 w;{..{i•tr Cl rt rf r, r, it r�.-, ri r, rf ri L�i*l wi r Lf.. rf is vi r_iHlriF-Ir��iC•iC'1 l°:rf �-i t..iLi:j' fr,r ..f H Irii-i..+Li-,L/rlriLi ;til vii..�.� i':.�i-i-I�.j;- i.f i kj �•-i f �iL;.l IL iL i.-i .-f.-,.i:-�wi-f.-,►,i► i:ii-,., Hti r r r 1 W W V) W W V) 0 ws ri boo. w NssMy� i Z ~fig S<b I awl s big Lb s %N� co N LLJ m � W U) w w LJ r- 0 r• o• 13' is14 rail; 0 i all ki a an 1 1711-1 r! d: w- L J i i w-4 M 77" 17 117!"' - aimmosommi, awiw NGWwiiiw a a I'm 2, i i a: w 6i ii L- 6J CITY OF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31681-1 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and enteredinto this U.. day of 20 0+ by and between CORAL OPTION I, LLC. A DELAWARE LIMITED LIABILITY COMPANY hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California,. hereinafter refer ed to as "City " RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31681-1 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the. Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and . City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision. Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. ' 2. improvements. Subdivider 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", and shall bear the full cost thereof. The methods, standards, specification$, sequence, and scheduling of construction shallbe as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "perfonnance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which -have been or will. be constructed by others ("Participatory Improvements"), 'and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter ' referred to as "payment security;" shall assure the payment of the cost of labor, equipment and ' materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shalt serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements.. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or ParticipatoryImprovements. However; the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the- performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully, enforcing the obligations thereby secured. 14 :TA Da�elopme o Dmsion ProkGslA9reementslSlA�S1As in 1Coral 39 fi8 SIA,dx c , .�:.. :e -. �:.: .., ':.:. .. -- .�• :+..1�6..a•+'ar' �.u.?'.rv.A2'iI' ., .. � ... . .. n .. ,s.;�.>v..,.:�:;x: , L;d .. . i B. Improvement security shall conform with Section 66499 of the .Califomia. Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or. federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurers office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to cant' out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral -value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging,, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the. state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option., with City or, a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 15 Divisi4nlDavelcP !?[9k�15Wgreements\S1A\.S1As to Progresses Mountain31681 1WFFSRE SW.doc .. T. _. . , .. ...,- '.�,: �. .�..' .. _�.":; .F'�..:k ',4 t1�.l Ji�y.vY r•rv, '.: e., .. .. ... - a . ..-;:JY.�.♦ � v'9 ... .. . ..a „ ... ;.. ., >. .�.. security. if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of .the .real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's'Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shad be released upon the. final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment. by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under, the. terms of ,the warranty, wag%oty. { IA.do; TAProjed Development DivisiorADevelopment Pncied greements\SIMSIAs in Progrw4\coalMounWp 314a-1\()FFS117_S security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits y all required fees. Work performed under a permit or permits. required for that phase of work and pa shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires -or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire rivl� If City soagrees, Citnd may, but is not a agree to attempt to acquire such real .property or behalf of Subdider. Subdivider shall enter -a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider. or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. .Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the .standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to. strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8.. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar. in form and substance to those required in SECTION 3 hereinabove' to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or. surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City.. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 4-7 1661 1\0FFSITE SIA doc r TAP Development Division\be\fdopment •pr0jectS\Agmnants\SIANSIAs in Pro oral MQunta n 3 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to, be in accordance with applicable City standards and specifications,. and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or. surveyor, as appropriate for the improvements thereon, who is licensed to practice.in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of .payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed. waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of .action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions -in the Conditions of Approval shall remain in effect and shall control. 17. Severability: In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement. shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto.. 18 7 oject L)evelc�pment Division�Develoviiant prof tslAgreemept5lSIA�S1As in Progress\Coral Mountain}34681 11nFFstTE SM.doc T n - . w t 'C. Neither party to this Agreement relies upon any.warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Subdivider Coral Option I, LLC ro Poic t "11(0 La Quinta, CA 92M g VL4-) © Q Z 0 ov By: Date Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date 19 1� S!? T. pe retoprr�ent DMtidh\D"OpmMt`pmjads\Agm ne"tMSIA\SIAs in Propress�C,010.Mounlain.3 &B UOFF5 , .. Exhibit A OFF -SITE SECURITY — TRACT MAP NO. 31681-1 Improvements designated as. "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten - percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Avenue 58 Improvements Street $ 355,810 $ 355,810 Sidewalk (8ft) and Ramps $ - $ - Storm Drainage $ 9,380 $ 9,380 Signing and Striping $ 1.1,760 $ 11,760 Street Lighting $ 40,400 $ 40,400 Sanitary Sewer $ 683,560 $ 683,560 Perimeter Landscaping $ 156,410 $ 156,410 Perimeter Wall $ 36,590 $ 36,590 Water $ 256:040 $ 256,040 Totals $ 1,549,950 $ 1,549,950 Standard 10% Contingencey $ 155,000 $ 155,000 Total Construction. Cost $ 1,704,950 $ 1,704,950 Professional Fees, Design 10% $ 170,500 $ 170,500 Professional Fees, Const 10% $ 170,500 $ 170,500 No Plans Contingency 25% $ 426,240 $ 426,240 Bond Amount $ 2,472,190 $ 2,472,190 20 T:>projui pevelaprraent Divisi0111)evd .F�$��&IA/AW6rJ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomi ss. County of V On 7 -'L ? ` 0 C� before me, Date personally appeared MARCIA K. GREEN Commission # 1378904 Z -' Notary Public -California -' Riverside County My Comm. Expires tact 7, 2006 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(() whose name&) is/ake subscribed to the within instrument and acknowledged to me that he/s". executed the same in his/Pie[/thak authorized capacity(ids), and that by his/t1wC/thir signatureN on the instrument the person(, of the entity upon behalf of which the person( acted, executed the instrument. W TNESS my hand and off' ial seal. r' ubllc v OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document & Title or Type of Document: Xb- -�j Document Date: + �g ' C Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual TOP of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 1999 National Notary Association - 9M De Soto Ave., P.O. Box 24M - Chatsworth, CA 91313-2402 - www.naWmWary.org Prod. No. 6907 Reorder. Call Toll -Free 1-800.876-6827 21 143 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31681-1 ON --SITE IMPROVEMENTS THIS SUBDIVISION- IMPROVFMENT AGREEMENT (the "Agreement") is made, and entered into this 2 8 = day of �'�?��,r 2004- by and between CORAL OPTION I, LLC. A DELAWARE LIMITED LIABILITY COMPANY_.___ hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as. Tract No. 31681-1 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have-not been installed and accepted at this time. D. It is therefore 'necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall famish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider 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", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others. ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the. completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance --security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing the obligations thereby secured. 22 T:Trojed Development Division\Development.Pmjeds\Agreements\SIA\S[As in Pmgress\CorW'Mountain 31681-1\OMSITE_Slkdoc a ,> >.. .. N .a �,. , .,�..f �_. ,;:, � �_ .,; � 7. ., •..�.;:v` ..�.,:: a .,z....::- .. � ... � ... - � .. .r ,. .. ...... .. �.. ,. ... .. i B. Improvement security shall conform to Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or getter and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles. County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to cant' out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City: Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation. of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real. property, all buildings and improvements thereon, or that may be. erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits -thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of .the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When. Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or. a duly authorized representative of the City Engineer. The amount f Payment security shall equal the amount of the amount of performance security, except a otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 23 7 T.�Prajed Development Division�bevelopment pn tsVlgreements\SIMSIAs in Progress�coral mountain 3t681-110NSITE_ IA doc . security if the warranty security is of the some - form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are * identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without. express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject. to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for -an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or. work. In no event shall security be reduced below that required to guarantee the completion of the act or work. or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider- of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all. Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials ,under Ahe terms of, the warranty, wa 2ty T:�Project Development'DMsion\Devei.opmenf PtojCdslA►9reementslstAlslAs in Progress\Coral, Mountain 31684-1CONSITE SVLdoc 14: . security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer.. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a. reasonable price. In the event that .Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to; agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150% of the appraised fair market value of the real property. Any unexpended portion of said advance be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be l paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no eve the failure of Subdivider or City to acquire such real. property excuse, waive, or otherwise terminate Subdivider's obligation. to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Com letion of Im rovements. Subdivider shall begin construction of the Improvements within ninety s (90) days and shall complete construction within twelve (12) months after the approval Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in. default of this agreement, to revise. improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Ma'eure. In the event that Subdivider is unable to perform within the time limits herein due to 1 strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations a e ed by such events will be extended by the period of such events. 8 Time Extension. Subdivider may make application -in writing to the City Council for an extension f time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall fumish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities -shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over.and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 25 t DivisionZeveiopm�ni p�je�tMAgreements IA As in pro8ress\Coral Moun rt 31B89 1\ONSITE�plik e .Troject Deveiopenen C \S \S Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, -hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3.of this agreement. Prior to the release of. payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys fees incurred by City in enforcing such. obligation. In cases of emergency or compelling public interest, as determined. by the. City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails" to. include one or more provisions of the Conditions of. Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severabili . In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties .hereto. 26 71ProjW D�vdoP ! pjv40on�Dwilbpnwd Projedsw reementsl.SUUSu►s in ProgressVCorat bAountair► s� sal. ��QNSrIE_Su, aoc.. 143. C. Neither party to this Agreement relies upon any warranty or representation not contained. in this Agreement. Q. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Subdivider Coral Option I, LLC La Quinta, CA 9225 41 1--14-1 Date By: Date Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date W eements%SlA\SIAs in FcgresslCc�ral.Mountain 31661�tWNSITE_SIA:doa r27,.: - T-OmIW Developr7Mi Divis*%DeWOOhent Prdjdcts . Exhibit A ON -SITE SECURITY — TRACT MAP NO. 31681-1 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. ' Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements. are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ 17,290 $ 17,290 On Site Street Improvements $ 273,160 $ 273,160 Domestic Water $ 855,290 $ 855,290 Sanitary Sewer $ 265,730 $ 265,730 Storm Drain $ 81,710 $ 81,710 Dry Utilities $ 110,000 $ 110,000 Pedestrian Tunnel (8ft Wide) $ - 65,000 $ 65,000 Pedestrian Tunnel (12ft Wide) $ 70,000 $ 70,000 Monumentation $ 20,930 $ Totals $ 1,759,110 $ 1,738,180 Standard 10% Contingencey $ 175,910 $ 173,820 Total Construction Cost $ 1,935,020 $ 1,912,000 Professional Fees, Design 10% $ 193,500 $ 191,200 Professional Fees, Const 10% $ 193,500 $ 191,200 No Plans Contingency 25% $ 483,760 $ 478,000 Bond Amount S 2,805,780 $ 2,772,400 28 1 1S 1SIAs M ProgresslCeral Mountairt31.681'�KJ�Is17;E CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ✓ S > r, On q ` �r _io T before me 8j �, &-fi nh& Date 0_1Name Tito of 00&r (e.g.,' Doe, Notary PubW) personally appeared C l� f� Nar*s) Signer($) , kpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the personaUl whose name(&) is/ft subscribed to the within instrument and acknowledged to me that he/sy executed the same in his/her/their authorized capacity(ibQ, and that by his/hWtkr. signatureKon the instrument the person(bL or the entity upon behalf of which the person(k) acted, executed the instrument. WITNESS my hand and offic` eal. t signature of Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attach Title or Type of Document: Document Date: _t? ` d 8` D C,4 . Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationWnotery.org Prod. No. 5907 Reorder. Call Toll -Free 1-800.876-W27 COUNCIL/RDA MEETING DATE: October 19, 2004 ITEM TITLE: Adoption of a Resolution Regarding Benefits Contribution for Management, Contract Management and Confidential Employees RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution regarding benefits contribution for Management, Contract Management and Confidential Employees. FISCAL IMPLICATIONS: The proposed $25 increase for the benefit contribution will raise the current cap to $925 per month. The anticipated annual cost for this proposed benefit increase will be $ 7, 800. CHARTER CITY IMPLICATIONS: �- BACKGROUND AND OVERVIEW: A Resolution has been prepared and submitted herein that would authorize an increase of $25 per month to raise the benefits contribution cap to $925 per month effective January 1, 2005. This increase would apply to Management, Contract Management and Confidential Employees. This proposed cap increase reflects and was precipitated by a proposed amendment to the current Memorandum of Understanding with the La Quinta City Employees Association. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a resolution regarding benefits contribution for Management, Contract Management and Confidential Employees; or 2. Do not adopt a resolution regarding benefits contribution for Management, Contract Management and Confidential Employees; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager 103 2 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REGARDING BENEFITS FOR MANAGEMENT, CONTRACT MANAGEMENT AND CONFIDENTIAL EMPLOYEES, COMMENCING ON JANUARY 1, 2005 WHEREAS, the City of La Quinta, hereinafter referred to as "City," will provide a benefits contribution increase of $25.00 per month for Management, Contract Management and Confidential employees commencing on January 1, 2005. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City does hereby approve, ratify, and authorize for Management, Contract Management and Confidential Employees implementation of an increase of the benefit contribution cap to $925 per month. Section 2. The City recognizes Contract Management positions as the: Assistant City Manager, City Clerk, Community Services Director and Public Works Director/City Engineer. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19' day, of October 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California 3 154 Resolution 2004- Benefits Cap for Management, Contract Management And Confidential Employees October 19, 2004 Page 2 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California COUNCIL/RDA MEETING DATE: October 19, 2004 ITEM TITLE: Adoption of a Resolution and an Amendment to the Memorandum of Understanding with the La Quinta City Employees Association Regarding Benefits Contribution RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ID STUDY SESSION: PUBLIC HEARING: Adopt a Resolution and an amendment (Attachment 1) to the Memorandum of Understanding (MOU) with the La Quinta City Employees Association (LQCEA) regarding benefits contribution. FISCAL IMPLICATIONS: The proposed $25 increase for the benefit contribution will raise the current cap to $925 per month. The anticipated annual cost for the proposed benefit increase will be $18,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On July 1, 2003, the City Council approved a Memorandum of Understanding (MOU) with the (LQCEA). A provision of the MOU allowed for the re -opening of negotiations on benefits contribution as new rates are announced. CalPERS recently announced the premium rates for the 2005 plan year. LQCEA exercised the option to re -open negotiations on this issue. As a result of negotiations between the City and LQCEA, it has been proposed to raise the monthly cap for health -related benefits from the current $900 to $925, effective January 1, 2005. The LQCEA membership recently ratified the City's offer. This benefit will be utilized for health, dental, vision and life insurance coverage. 1�� FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution and an amendment to the MOU with the LQCEA regarding benefits contribution; or 2. Do not adopt a Resolution and an amendment to the MOU with the LQCEA regarding benefits contribution; or 3. Provide staff with alternative direction. Respectfully submitted, kci 4-� Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. LQCEA MOU Amendment 2 157 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING A FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION (LQCEA), COMMENCING ON JANUARY 1, 2005 WHEREAS, the City of La Quinta, hereinafter referred to as "City," and the La Quinta City Employees' Association, the recognized organization representing its members, hereinafter referred to as "Association," have met and conferred over wages, hours, terms, and conditions of employment pursuant to Government Code Section 3500, as amended; and WHEREAS, the City and the Association have negotiated a First Amendment to the Memorandum of Understanding commencing on January 1, 2005 to raise the benefits contribution cap to $925.00 per month. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City does hereby approve, ratify, and authorize implementation of each economic and non -economic benefit and right set forth in the First Amendment to the Memorandum of Understanding between the City and Association, attached hereto and executed on October 19, 2004, and incorporated herein as Exhibit "A." PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of October, 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: 158 3 Resolution 2004- First Amendment to MOU with LQCEA October 19, 2004 Page 2 DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California i ) 4 ATTACHMENT 1 FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING This FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING (First Amendment) is entered into by and between the CITY OF LA QUINTA (City) and the LA QUINTA CITY EMPLOYEES' ASSOCIATION (Association) as of October 19, 2004. RECITALS WHEREAS, City and Association entered into a Memorandum of Understanding (MOU) concerning labor relations and terms and conditions of employment for the period of July 1, 2003 through June 30, 2006; and WHEREAS, Section 3(A) of the MOU requires City and Association to reopen negotiations each year to meet and confer on the amount paid by City for insurance coverage after Ca1PERS announces its rate increase or decrease for the upcoming calendar year; and WHEREAS, City and Association have met and conferred in good faith as required and have reached tentative agreement on an increase to the City's contribution to insurance coverage subject to ratification by the Association membership and approval of the City Council. NOW THEREFORE, it is agreed by and between the parties as follows: 1. Section 3(A) is hereby amended effective January 1, 2005 so that the amount of the City contribution towards insurance coverage will increase from up to $900 per month to up to $925 per month for calendar year 2005. The parties will again reopen the meet and confer process when CalPERS announces its rate adjustments for calendar year 2006, as set forth in Section 3(A). 2. Except as specifically amended by this First Amendment, the MOU remains in full force and effect. CITY OF LA QUINTA LA QUINTA CITY EMPLOYEES' Uln Don Adolph, Mayor ASSOCIATION M 0 397/015610-0005 542760.01 a10/12/04 05 16 c� OFQ AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: October 19, 2004 BUSINESS SESSION: / ITEM TITLE: Adoption of a Resolution Approving CONSENT CALENDAR: the Riverside County Multi -Jurisdictional Local STUDY SESSION: Hazard Mitigation Plan as Required by the Federal PUBLIC HEARING: Disaster Mitigation and Cost Reduction Act of 2000 RECOMMENDATION: Adopt the Resolution approving the Riverside County Multi -Jurisdictional Local Hazard Mitigation Plan as required by the Federal Disaster Mitigation and Cost Reduction Act of 2000. FISCAL IMPLICATIONS: Failure to adopt the resolution in a timely manner would cause the City to be ineligible to receive future FEMA funding for hazard mitigation projects. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Changes to the Robert T. Stafford Disaster Relief and Emergency Assistance Act have placed a new emphasis on hazard mitigation planning, primarily moving from post -disaster mitigation to pre -disaster planning, mitigation, and projects. The Federal Emergency Management Agency (FEMA) is responsible for coordinating the implementation of the Act requiring local government, state, and special jurisdictions to develop hazard mitigation plans. In order to qualify for any future hazard mitigation grant awards, each jurisdiction must prepare, and have approved by the state, a local multi -hazard mitigation plan by November 1, 2004. Under the terms of the Disaster Mitigation Act of 2000, which seeks to reduce federal expenditures for catastrophic events, a county, city, tribe, or special district affected by a declared disaster (i.e. earthquake, flood or wildfire) will still be able to receive emergency aid without having an approved plan in place. However, it would be ineligible for FEMA funds to support hazard -mitigation projects, such as elevating flood -prone homes or seismic retrofitting of vulnerable structures. 161 Additionally, local county, city, tribe, or special district officials are being asked to formally recognize the plan as a demonstration of commitment to the process and formally adopt the plan when it is complete. A plan must include a discussion of the planning process, a risk assessment, a description of mitigation measures, a plan -review process outline, and documentation that the plan has been adopted formally by the county, city, or special district. California has require.d the county, cities, special districts, and tribes to prepare mitigation strategies. These strategies were developed as a group by the participating agencies, which subsequently established an individual prioritization for each strategy. Riverside County's efforts to develop a disaster -mitigation strategy started about a year ago. The goal was to bring all the members of the Riverside County Operational Area (county, cities, special district, and tribes), along with local businesses and interested members of the public, together to create a multi - jurisdictional plan that identified and assessed the various hazards In the entire County of Riverside. The desire was to have the county, along with the cities, special districts, and tribes, develop an all inclusive plan, rather than each city, special district, and tribe write their own plan. The planning process includes determining the potential impact of each identified hazard on the county, cities, special districts, and tribes. All participating jurisdictions helped establish a list of potential mitigation efforts and prioritized those efforts based on the needs of their jurisdiction. In addition, each participating jurisdiction developed a specific hazard mitigation strategy. Participants in the development of the Riverside County Operational Area Multi - Jurisdiction Local Hazard Mitigation Plan include: The County of Riverside 24 Cities 1 Tribe 10 Hospitals 9 School Districts 14 Special Districts The Riverside County Operational Area Multi -Jurisdiction Local Hazard Mitigation Plan is in two parts. Part I is an overview of all of the identified hazards in the county. Part I also includes specific mitigation strategies for the county. Part II is the participating agency part of the plan. In Part Il, each agency provided documentation of their specific hazards, prioritized mitigation strategies, and a specific mitigation effort. 16Af 1W 2 The Riverside County Operational Area Multi -Jurisdiction Local Hazard Mitigation Plan has been reviewed by the California Office of Emergency Services and returned for final -adoption by the participating agencies. Final adoption by each participating agency must be done prior to October 25, 2004. This will allow the County of Riverside Office of Emergency Services time to forward all of the resolutions and letters of adoption to State OES and FE MA prior to November 1, 2004. A copy of the plan is available for review in the Building and Safety Department or may be viewed on line at http://www.co.riverside.ca.us/comments_page.asp. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt the Resolution approving the Riverside County Multi -Jurisdictional Local Hazard Mitigation Plan as required by the Federal Disaster Mitigation and Cost Reduction Act of 2000; or 2. Do not adopt the Resolution; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Building and Safety Director Approved for submission by: Thomas P. Genovese, City Manager 163 3 RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ACCEPTING AND APPROVING THE RIVERSIDE COUNTY OPERATIONAL AREA MULTI - JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN UPON APPROVAL BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY IFEMAI WHEREAS, the City of. La Quinta is vulnerable to the human and economic costs of natural, technological and societal disasters; and WHEREAS, the City of La Quinta recognizes the importance of reducing or eliminating those vulnerabilities for the overall good and welfare of the community; and WHEREAS, the City of La Quinta has been an active participant in the Riverside County Operational Area 'planning group which has an established a comprehensive and coordinated planning process to eliminate or decrease these vulnerabilities; and WHEREAS, the City of La Quinta representatives and staff have identified, justified and prioritized a number of vulnerabilities to the City; and WHEREAS, these vulnerabilities have been incorporated into the initial edition of the Riverside County Operational Area Multi -Jurisdictional Local Hazard Mitigation Plan that has been prepared and issued for consideration and implementation by the various jurisdictions of Riverside County; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA HEREBY RESOLVES as follows: 1. The City of La Quinta hereby proposes to accept and approve the Riverside County Operational Area Multi -Jurisdictional Local Hazard Mitigation Plan, upon approval by FEMA. 2. The City of La Quinta will continue to participate in the updating and expansion of the Riverside County Operational Area Multi - Jurisdictional Local Hazard Mitigation Plan in the years ahead. 3. The City of La Quinta will further seek to encourage the businesses, industries and community groups operating within and/or for the benefit of the City to also participate in the updating and expansion of the Riverside County Operational 164 4 Resolution 2004- Multi-Jurisdictional Local Hazard- Mitigation Plan Adopted: October 19, 2004 Page 2 Area Multi -Jurisdictional years ahead. Local Hazard Mitigation Plan in the PASSED, APPROVED and ADOPTED this 19' day of October, 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M.KATHERINE JENSON, City Attorney City of La Quinta, California 5 165 4 cu V OF COUNCIL/RDA MEETING DATE: October 19, 2004 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Approval of Fiscal Year 2003/04 City of La Quinta Art in Public Places Annual Report CONSENT CALENDAR: 14-. STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Fiscal Year 2003/04 City of La Quinta Art in Public Places Annual Report prepared in accordance with Chapter 2.65 of the La Quinta Charter and Municipal Code. FISCAL IM PUCATIONS: The City must expend or commit fees from the Art in Public Places program within two years of their receipt and must account for these fees in a separate fund. In addition, administration expenses,are limited to less than $25,000 or less than 5% of total funds in the account as of July 1' of any year. CHARTER CITY IM PUCATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta Art in Public Places fund is governed by Chapter 2.65 of the Municipal Code as amended by Ordinance No. 339. The major financial requirements that must be measured annually for conformance are found in the following Sections as follows: 2.65.110 (F) Reimbursement. In the event fees have not been committed for a use as specified in subsection B of this section within two years of their collection, the fees in the art in public places fund shall be distributed by the city to the person or entity who has paid the fees or in any other manner permitted by law. 16G 2.65.1 10 (B) (7) Administrative expenses to otherwise implement any provision of this chapter, however, in no event shall said administrative expenses exceed five percent of the total funds in the account on July 1 St of any year nor twenty-five thousand dollars in any fiscal year. Staff has prepared the analysis of the Art in Public Places, which disclosed no reimbursements due to contributors and no excess administrative costs (Attachment 1). FINDINGS AND ALTERNATIVES: The City of La Quinta meets the financial requirements of Municipal Code 2.65 Art in Public Places for FY 2003/04. The alternatives available to the City Council include: 1. Approve the Fiscal Year 2003/04 City of La Quinta Art in Public Places Annual Report prepared in accordance with Chapter 2.65 of the La Quinta Charter and Municipal Code; 2. Provide staff with alternative direction. Respectfully submitted, Y5JohnM. Fal oner, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Art in Public Places Financial Analysis 167 2 ATTACHMENT 1 City of La Quinta Art In Public Places FY 03/04 The Art in Public Places fund is used to account for fees paid in lieu of acquisition and installation of approved art works at approved sites. The fees are refundable if not expended or committed within two years. July 1,1999 - March 16,2000 Fee calculation - Residential Is 1/4 of 1 % of value exceeding $100,000 with a $20 minimum - Commercial is 1/2 of 1 % of value (no minimum) March 17,2000 - the present Fee calculation -Residential is 1/4 of 1% of value exceeding $200,000 with a $20 minimum - Commercial is 1/2 of 1% of value (no minimum) Beginning Ending Account Description Fund Balances FY 03104 Fund Balances Revenues & Other Sources Developer fees 287,055 Interest income 13,578 Contributions from property owners Miscellaneous Transfers in Total Sources 300,633 Expenditures & Other Uses Transfer Out 17,666 Art purchases 124,821 Point Happy Art Piece Maintenance Expenses 1,500 Total Uses 143,987 Total Available 608,043 156,646 1 764,689 Administration Test Expenses Lesser of $25,000 or, Available 5.00% 764,689 City of La Quinta Art In Public Places Two Year Test Bud Actual Under 25,000 38,234 1,500 0 (23,500) 25.000 1 500 (23.500) Expenditures K- Commitments Unspent Funds Represent Ending Fund Balance Collections Interest CRY Contribution Total Net Unspent Funds Activities from 1991 32,394 3,526 50,000 85,919 85,919 0 Activities from 1992 55,401 11,647 67,047 67,047 0 Activities from 1993 20,717 12,157 32,874 32,874 (0) Activities from 1994 64,139 7,137 71,276 71,276 0 Activities from 1995 56,466 11,444 67,910 67,910 (0) Activities from 1996 103,247 14,110 117,356 117,356 0 Activities from 1997 99,964 16,171 116,155 116,155 0 Activities from 1996 117,005 14,845 131,850 131,850 0 Activities from 1999 380,753 28,328 409,081 409,081 0 Activities from 2000 309,321 32,169 341,490 341,490 0 Activities from 2001 160,155 36,787 196,942 196,942 0 Activities from 2002 103,102 22,956 126,058 126,058 0 Activities from 2003 228,044 13,374 241,418 241,418 0 Activities from 2004 287,055 13,578 300,633 120,064 180,569 Total EndingFund Balance 2,017,782 238 228 50,000 21306,011 2125 439 180 572 Result: City imposed Two Year Spent or Committed Test Met praxoq MaN City of La Quints Art In Public Places Capital Improvement Facilities Future Past Year Commitmen Applied Revenue f— capital improvement racllloes Adams/Truman PTA r V v� ...........�..�.,a o ...a . 846 ..... 846 --- 92 -- 91 846 100.00% 100.00% Louis De Martino 73,500 73,500 93 92 53,409 100.00% 100.00% 93 20,091 Louis De Martino 1.764 33,136 34,900 2001 99 34,900 48.71% 100.00% K.Emerson d A.Dematteis 960 50,040 51,000 94 94 51,000 98.12% 100.00% Hwy 111 TDC - Paid 47,579 47,579 92 91 47,579 100.00% 100.00% Hwy 111 TDC - Credits 9,418 1,393 10,811 92 91 10,811 12.88% 100.00% Hwy 111 TDC - Future 14,582 22,028 36,610 92 91 26,683 60.17% 100.00% 92 9,927 Minietrelli TT25429 15,000 15,000 93 93 12,783 100.00% 100.00% 94 2,217 Bear Creek Path Art Work 5,000 5.000 95 94 51000 100.00% 100.00% Fritz Bums Park 16,786 16,786 96 95 4,933 100.00% 100.00% 96 11,853 Rancho La Quanta - Paid 35,000 35.000 96 94 7,059 100.00% 100.00% 95 27,941 Rancho La Quints - Credit 35,000 35,000 96 95 3,275 100.00% 100.00% 95 31,725 Fritz Bums Park - Art Fernandez 37,000 37,000 97 96 37,000 100.00% 100.00% Marcia Gibbons-L.O. Car Wash 10,000 10,000 97 96 10,000 100.00% 100.00% Eagle Hardware -Credit 43,000 43,000 97 96 43,000 100.00% 100.00% Landscaping for Artpiec*4W 1IlMash. St 18,800 18,800 99 99 18,800 100.00% 63.10% Civic Center Art Purchase 2,324 5,003 7,327 99 97 7,327 68.28% 100.00% City Entrance Monument Right -of -Way (0655) 3,832 3,832 2000 2000 3,832 100.00% 100.00% Construction of Base for New Art Piece -City Hall 2,694 2,694 99 2000 2,000 99 2001 694 100.00% 100.00% Washington St Bridge-Navarretel-lolmea & Narver) 3,380 3,380 98 96 3,000 100.00% 1.90% 97 380 Washington St. Bridge-Navarrote/Holmes & Narver) 39,500 39,500 98 96 12,503 100.00% 1.90% 97 26,997 Washington St Bridge -Artwork Construction 21,619 21,619 99 97 21,619 100.00% 1.90% Construction of Base for New Art Piece -City Hall 2,738 1,262 4,000 99 97 1,262 100.00% 100.00% Construction of Bees for Now Art Piece -City Hall 98 2,738 City Entrance Monuments 14,168 296,713 310,881 99 97 54,468 100.00% 87.30% 98 129,112 99 36,471 2000 90,830 Obelisks Pilot Program -City Street Markers 98,762 98,762 2000 99 98,762 100.00% 100.00% Civic Center Campus 9,091 130,160 219.349 358,600 99 99 215,353 66.61% 10.34% Civic Center Campus 0 2000 2000 117,172 Civic Center Campus 2001 13,337 Civic Center Campus 2002 12.738 LO Court Water Feature 10,075 (75) 88,725 98,725 2001 2001 98,725 100.00% 100.00% Jefferson St Bridge Artwork 3,000 3,000 2001 2000 3,000 100.00% 100.00% 7,800 7,800 2002 2000 7,800 Senior Center Mural 4,000 4,000 2002 2000 4,000 100.00% 100.00% Bess for Wilderness Totem 750 750 2002 2000 750 0.00% 100.00% Point Happy Art Piece 94,950 94,950 2002 2000 94,950 100.00% 100.00% Place Repaint Danoll Art Piece 3,705 6,995 10,700 2002 2000 10,700 65.37% 100.00% Omd & Boni Art Piece 6,875 0 28,125 35,000 2003 2001 35,000 100.00% 100.00% Residency Inn Art piece 92,000 92,000 2003 2001 49,173 0.00% 100.00% 2004 42.827 Peace Officers Sculpture 50,000 50,000 100,000 2004 2002 68,087 50.00% 100.00% 2003 31,913 Washington St Bridge Railing 110,000 110.000 2004 2003 110,000 0.00% 100.00% Embassy Suite Art Piece 51,446 15,723 67,169 2004 2003 22,954 76.59% 100.00% 2004 44,215 John Kennedy Sculpture 15,000 15,000 2004 2004 15,000 100.00% 100.00% Hwy 111 Landscape modification 135,900 135,900 2004 2002 42,827 100.00% 100.00% 2003 76,551 2004 16,522 Opting Expenses 3,711 3,711 93 92 3,711 100.00% 100.00% Opting Expenses 6,000 61000 94 94 6,000 100.00% 100.00% Operating Expenses 36 36 95 95 36 100.00% 100.00% Operating Expenses 4,102 4,102 98 97 4,102 100.00% 100.00% Operating Expenses 4,795 4,795 99 99 4,795 100.00% 100.00% Operating Expenses 2,910 2,910 2000 2000 2,910 100.00% 100.00% Operating Expenses 669 669 2001 2000 669 100.00% 100.00% Maintenance Expenses 1,060 1,060 2001 2000 1,060 100.00% 100.00% Maintenance Expenses 1,816 1,816 2002 2000 1,816 100.00% 100.00% Maintenance Expenses 13 13 2002 2001 13 100.00% 100.00% Maintenance Expenses 2,406 2,406 2003 2002 2,406 100.00% 100.00% Maintenance Expenses 1,500 1,500 2004 2004 1,500 100,00% 100.00% 11 Otal I I+O.sor 1 aw•,1 11 i ..w..w+ 1 . - __ -- 169 c�M OF COUNCIL/RDA MEETING DATE: October 19, 2004 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Approval of Fiscal Year 2003/04 City of 13 La Quinta Development Project Fee Report CONSENT CALENDAR: _ STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Fiscal Year 2003/04 City of La Quinta Development Project Fee Report ("Report") prepared in accordance with Government Code Section 66000. FISCAL IMPLICATIONS: The City must expend or commit developer fees from Infrastructure, Quimby, and Development Impact Funds within five years of their receipt and must account for these fees in a separate fund. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta has three developer project fees, which are subject to the requirements of Government Code Section 66000 - Infrastructure, Quimby, and Developer Impact fees. The major requirements that must be performed annually are included in Government Code Section 66006 (b). Section 66006(b) requires specific additional accounting information to be reported each year for each fund as follows: Ito For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year: (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee. (C) The beginning and ending balance of the account or fund. (D) The amount of fees collected and the interest earned. (E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. Staff has prepared the Report which provides an analysis of the Infrastructure, Quimby, and Developer Impact fees for FY 2003/04 (Attachment 1) . FINDINGS AND ALTERNATIVES: The City of La Quinta Infrastructure, Quimby and Developer Impact fee programs meet the annual filing requirements of Government, Code Section 66000 for FY 2003/04. 171 2 The alternatives available to the City Council include: 1. Approve the Fiscal Year 2003/04 City of La Quinta Development Project Fee Report prepared in accordance with Government Code Section 66000; or 2. Do not approve the Fiscal Year 2003/04 City of La Quinta Development Project Fee Report prepared in accordance with Government Code Section 66000; or 3. Provide staff with alternative direction. Respectfully submitted, ner, r-inance uirector Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Development Project Fee Report 1'72 3 ATTACHMENT 1 City of La Quinta Infrastructure fee Government Code 66000 Calculation FY 03/04 The infrastructure fee fund is used to account for the accumulation of resources, provided through developer fees for the acquisition, construction or improvement of the City's infrastructure as defined in Resolution 89-39. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balance FY 03/04 Fund Balance Revenues & Other Sources Developer fees 0 Interest income 31,458 Contributions from property owners 0 Transfers in - CDBG Reimb for Senior Ctr Construction 0 Total Sources 31,458 Expenditures & Other Uses Transfers out - Capital Improvement Project Fund 1,120,841 Total Uses 1,120,841 Total Available 2,238,491 1,089,383 1,149,108 Five Year Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30 2004 Revenues Collected from 2000 709,167 Revenues Collected from 2001 210,807 Revenues Collected from 2002 126,854 Revenues Collected from 2603 70,822 Revenues Collected from 2004 31,458 Total Ending Fund Balance 1,149 108 Result: Five Year Spent Test Met in accordance with Government C e 66001.. Capital Improvement Facilities Capital Improvement Facilities FY 03/04 % Complete % funded with fee Cove Mini -Park Expansion 35,000 100.00% 38.97% Sidewalks - Various Locations (3,784) 0.00% 0.00% Citywide Street Sidewalk Improvements 175,215 100.00% 26.83% Fire Station 383,174 100.00% 37.746/6 Emergency Vehicle Devices 20,619 100.00% 35.28% Eisenhower Drive Bridge 232,424 21.72% 41.12% Signal Adams/Westward Ho 160,696 100.00% 100.00% Miles/Washington Soil Stabilization 29,902 3.28% 26.22% Washington St Medians - Phase 2 80,130 5.67% 26.45% 2003/04 Traffic Signal Improvements 7,465 2.64% 13.49% Total 1,120,841 173 4 City of La Quinta Quimby Fees Government Code 66000 Calculation FY 03/04 The City has established the Quimby Special revenue fund. The fund is used to account for the accumulation of developer fees received under the provisions of the Quimby Act for park development and improvements. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balances FY 03/04 Fund Balances Revenues & Other Sources Developer fees 344,198 Interest income 8,387 Contributions from property owners 0 Miscellaneous 0 Transfers in 0 Total Sources 352,585 Expenditures & Other Uses Transfers out Capital Projects 146,321 Total Uses 146,321 Total Available 388,771 206,264 595,035 Five Year Test � Using First In First Out Method Unspent Funds Represent Ending Fund Balanc June 30, 2004 Revenues Collected from 2001 7,733 Revenues Collected from 2002 142,075 Revenues Collected from 2003 101,029 Revenues Collected from 2004 344,198 Total Ending Fund Balance $595,035 Result: Five Year Spent Test Met in accordance with Government Code 66001. Capital Improvement Facilities Capital Improvement Facilities FY 03/04 % Complete % funded with fee 18 Acre Park Site $12,308 18.73% 6.17% Monticello Park 97,847 100.00% 100.00% LQ Skate Park 5,506 5.50% 30.17% Dog Park 30,660 100.00% 100.00% Total $146,321 :1 174 5 S g��o�� o�$g2GO�y 88 NNOoyy3 N t388��a0 2 el o3;��83$ Uo$$o8$88� c,00$ o fig$ .$$$ 38 .g$o$g$$ qq $ oW -qm,°$C m AMpmC c �pp �p� QQQQ Nmf� M -NN 0)_L� N IZ Imp LL �� aan.a E a m m ' > N m m co m 40 La 3 CD Eo vZ �� E �m �DY•�� E if c Egab c 2 c` it 3vNit �v m.iSUu�io:�— ci�v�iva>3vvva'a` w0 U.E �°- LL M OA/nMcN7�W a c> d b CO) v c c C to IA CO M — — O N N CO (n C_ oU U N N VUPj N�w�1A c'� 8cc a a � aa ��N1C�pO N y�Ne^--tA iD �+ C C C C C > > > > 8 0 5 E 7 m � O O C3 �yQ C? 3 �E � � E A m U O 2 C U U O r O � QQo LL l0 UaC7} LL m v^ h p�pp �t�O O OS O' Yf N �NN M �.. - � N AOMop^OOOO 040 O N M C — 000000O000 .O-NNAc+f PPc��f cppp CO C C �OCy�l OI N Cv)fD�kn CMO 'tv3iv c n o V pO�1 C lAl� N ItC+�Oa�O .►�Na0OCpnO�P�O Q I�CO< NON n Ch — M c se W �a m , 5 03 i�CLLL0 LL a 8 ,Zcuoo CR N.-M CMO La M O 8 J 0 0 0 0 0 0 00000$ O LD iL U C N cc a 8 0 c $ d fp � p�p aNa _l'7/7 NN(� m CC 8 p = too �M LaO tOv pppD� C�pCO N co OR a O C A888t8 O -to: b 0C,000 C � a 8 `s 0 C ~ O fp0 O U QQ� C7 .�Q C C C C C m 12 —pppppp pppp CVO C U.NNN m� ElmLL t4 C C W LL m LL � � U. } C C 3 W LiL 176 COUNCIL/RDA MEETING DATE: October 19, 2004 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31310, Santa Rosa Development -Market Rate, 48th and Adams, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SI.A) for Tract Map No. 31310, Santa. Rosa Development -Market Rate, 48th and Adams, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31310 is located east of Adams Street and north of Avenue 48 (Attachment 1). This residential development will consist of 36 lots on approximately 12 acres (Attachment 2). On November 13, 2003, the City Council approved Tentative Tract Map No. 31310. The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer, but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects that all signatures will be in place within the time allowed for its conditional approval. 177 As a result, City staff has prepared a Resolution, which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (November 18, 2004), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and the associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only, after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31310, Santa Rosa Development -Market Rate, 48th and Adams, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31310, Santa Rosa Development -Market Rate, 48th and Adams, LLC; or 3. Provide staff. with alternative direction. Respectfully submitted, Ti othy R nas n, P.E. ublic Wor Dire tor/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 173 RESOLUTION NO. 2004-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 31310, SANTA ROSA DEVELOPMENT -MARKET RATE, 48TH AND ADAMS, LLC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW., THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map 31310 is conditionally approved provided the subdivider submits all required items on or before November 18, 2004. 3179 Resolution No. 2004- Tract Map No. 31310, Santa Rosa Development -Market Rate Adopted: October 19, 2004 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate . securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on November 18, 2004. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of October, 2004, by the following vote, to wit: AYES:Council. Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California 4 1g0 Resolution No. 2004- Tract Map No. 31310, Santa Rosa Development -Market Rate Adopted: October 19, 2004 Page 3 ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. 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IMPROVEMENT .AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between 48. .AND. ADAMS, LLC. A .CALIFORNIA LIMITED LIABILITY COMPANY hereinafter referred to as "Subdivider," and .the City of La Quinta, a municipal corporation of. the State of California, hereinafter referred to as "city.". RECITALS: A. Subdivider has prepared and filed a .final map or Tract map (the "Map")' of a .unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31310 (the "Tract") pursuant to the provisions of Section. 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to, approval. of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. it is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW; THEREFORE, it is weed by and between the- parties hereto as follows: 1. Improvement Plans. Prior to submittal of the. Map for approval by. the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer.. 2. improvements. Subdivider 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", and shall bear the full cost thereof.. The . methods, standards. - specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided , by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements-, payment of SubdWees fair share of Improvements which have been or will be constructed by others (`Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider; hereinafter referred. to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall. serve as a .guarantee and warranty of the Improvements for a period of one year -following the completion and acceptance of the Improvements: Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements .are complete and accepted by the City Council and prior to or concurrently with . the final release of performance security. Warranty security shall not be required for Monumentation or .Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for,the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorneys fees, incuired by City in successfully enforcing the obligations thereby secured. T:IProjeG DCrelap�r�ent OfNsioMDevelop�t�a�t 1SIAs in PmWw&%w is Rosa 3131Q 0WrrE SV_d= B. Improvement security shall conform to Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on. the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from .an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 1 12 TAProject Development Division0evelopment ProjectMAgreementASIMSINs in ProgresMftnta Rosa 31MMONSITE SIA.doc 2of7 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as' follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.8., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City. Engineer may authorize partial reduction of performance* security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3)• Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision ofmaterials under the terms of the warranty, warn" 189 T.Tmiect Development Division0evelopment ProjectsVWeementS1S1A1S1AS in Progress\Senta Rosa 3131010NSITE_SIA.doc 3of7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits -Reouired. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of -Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, .may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 14 T:1Projeat Development Division\Development ProjectslAgreementsOMSIAs in Progress\Santa Rosa_31310WNStTE_SIA.doc 4of7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have, been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed' within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, .employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated 'herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 191 5of7 15 T:1Project Development Division0evelopment Prcjects%AWeements%SIA1S1As in Progress\Sante Rosa 3131AWNSITE SU1.doc C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. ' E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to- prompt payment of its reasonable attorneys' fees from the non -prevailing Party F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver I of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Principal Address 48TM AND ADAMS Michael J. Shovlin 46753 % Adams La Quinta, CA 92253 Date y Date Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date 19� 16 T.XProject Development Division0evelopment ProjeclsWm greeentslSIA% As in Progress%Santa Rosa—3131MONSITE SIA.doc 6 of 7 WFIANT STATEMENT ss. iocument (Notary to cross out lines 1-8 below) 6-See Statement Below (Lines 1-7 to be completed only by document signer[s], not Notary) ......__.._... ... _ ' .._ _. ... ... _....... .__....... ....... - .._......... ...... ...._ ..._ .......__ ............. _... _.... . _._ ...... _..... _._. __ .............._..._- -_. ...... _... ...... __.... _ .._.._._ _._. _.. 3 ..... ..... ..... _......_ .__..._... ...... ............................_............_.........._.. ..... __.._ . _....._.............._ .....:.._.............. _._......_ ..............__..........._ ._......... _.... _.._ .............. 4----_—_—___----_—__-------------- -------------------------------- -------_-__-_----__-_---- Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) Subscribed �a�jnd sworn to (or affirmed) before me this day of V ' Date Moro by Year KEux MAWN Comnnmbn #f l uw% (1) NOk ry PubrC - COi l:ll Name Signers) MYCCA1111. EIIPNftAU91!$ , Z= (2) Name of Signers) Place Notary Seal Above 6swature �Y Public OPTIONAL Though the information below is not required by law, it may prove ITop "thumb rTop valuable to persons relying on the document and could prevent of thumb here fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: O 2002 National Notary Assoclation • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2404 • Prod. No. 5924 • Reorder: CallToll-Free 1-800-876-6827 17 193 Exhibit A ON -SITE SECURITY —TRACT MAP NO.31310 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ 193,760 $ 193,760 On Site Street Improvements $ 156,030 $ 156,030 Precise Grading $ 166,040 $ 166,040 Domestic Water $ 88,950 $ 88,950 Sanitary Sewer $ 87,180 $ 87,180 Dry Utilities $ 90,000 $ 90,000 Monumentation $ 10,000 $ - Totals $ 791,960 $ 781,960 Standard 10% Contingencey $ 79,200 $ 78,200 Total Construction Cost $ 871,160 $ 860,160 Professional Fees, Design 10% $ 87,120 $ 86,020 Professional Fees, Const 10% $ 87,120 $ 86,020 No Plans Contingency 25% $ 217,790 $ 215,040 Bond Amount $ 19263,190 $ 1,2479240 19� 18 T.Vlr*d 13ftd nWA DivisioMDeme eMopnwd PmjeftXA nts%.S1A%SIAs in PmgresASanta Rosa 31310WNSrrE_SIA.dx 7 of 7 Crry OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31310 OFF -WE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the -"Agreement") is made. and entered into this day of , 20 by and between 48 AND ADAMS, LLC. a CALIFORNIA LIMITED LIABILITY COMPANY . hereinafter referred to. as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31310 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this.time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider 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", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by. others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the 'cost of labor, equipment and materials supplied to construct the. Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable aftorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 19 � wrclect T: Devel t DMsionlDevelopment PmjectslA9reements\SIA\S1As in ProgmssZents Ros4_313100FFSrrE_SIA.doc � � J1 of 7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) . Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such -time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two. (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor 'of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer.. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be fumished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the.subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 20 196 T: 4vject Development DlvisionlDevelopment ProjectsVVeementsXSIA%SIA9 in Progress%Santa Rosa 31310OFFSME_SIA.doc 2 of 7 security if the warranty security is of the same form and from * the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.6., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and .financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon , the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In.no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than .two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements.. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, w2 fanty .197 T:NProject Development Division0evelopment ProjadsWgreementsU.SIMSU1s in Progress\Santa Rosa 31310\0FFSITE Stkdoc 3 of 7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Reauired. Prior to commencing any phase of work, Subdivider ' shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider. is unable to perform within the time limits herein due to strikes, act of God; or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City. Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on. completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation 1 7 not previously submitted. 22 T,%PrgW Development DivisionlDevelopment PmJects0Veen-*nts%SIA%SIAs in Prot' m%Santa Rosa_31310WFFSITE_SIA.doc 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13." Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to. perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. ' In cases of emergency or compelling public interest; as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the .date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 23 193. T:Vlr*d Development Divisionoevelopment ProjectslAg eenvnts1SIA%SIAs in Progress%&nta Rosa_3131010FFSITE SIA.dx 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Principal Address 48' AND ADAMS Michael J. Shovlin 46753 Y2 Adams f La Quinta, CA 92253 s ate" By: , Date Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date 24 T:1ProjW Development Division0evelopment ProjedsWgreements1SlA%SIAs In ProgresManta Rosq_31310%0FFSITE SIA.doc 6 of 7 JURAT WITH AFFIANT STATEMENT �CMC-XI It:�CC/:�./:�.�s�� State P of a County Of See Attached Document (Notary to cross out lines 1-8 below) See Statement Below (Unes 1-7 to be completed only by document signer[s], not Notary) 4 ____________________ 3 Signature of Docaunent Signer No. 1 KEUY MASON _ C nvnWon # 1506M ..� Nol�oirY PtilbNC CaMontio Rkvakb Coulrrh/ WWW.W My n. CahExpM� /luv a3. Place Notary seal Above Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me this day of-66-4Dkev- Dete Monti► aw4,by Year Name of Signers) Name of Slgner(s) 101 1 X� ,ai, •_•)� OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent Top of thumb here Top of thumb here fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document We or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: 02002 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2404 - Prod. No. 5924 - Reorder. CaH Tdl-Free 1-80"76-8827 25 o n i Exhibit A OFF -SITE SECURITY —TRACT MAP NO.31310 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are, completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain "in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Off -site Street Improvements $ 10,490 $ 10,490 Landscape (Parkway) $ 147,660 $ 147,660 Perimeter Wall $ 66,000 $ 66,000 Meandering Sidewalk (8ft) $ 29,860 $ 29,860 Monumentation $ - $ - Totals $ 254,010. $ 254,010 Standard 10% Contingencey $ 25,400 $ 25,400 Total Construction Cost $ 279,410 $ 279,410 Professional Fees, Design 10% $ 27,940 $ 27,940 Professional Fees, Const 10% $ 27,940 $ 27,940 No Plans Contingency 25% $ 69,850 $ 69,850 Bond Amount $ 405,140 $ 4059140 26 T:V"ect Development Division0evelopnwt ProjectSlA9MementSlSIA%SIAs In PmgreWSanta Rosa_31310%0FFSITE SIA.doc 7 of 7 COUNCIL/RDA MEETING DATE: October 19, 2004 ITEM TITLE: Approval of a Tri-Party Agreement with the City of Indian Wells, the County of Riverside, and the City of La Quinta for the Maintenance of the Traffic Signal and Safety Lighting at the Intersection of Washinaton Street and Miles Avenue RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: is STUDY SESSION: PUBLIC HEARING: Approve a tri-party Agreement for Maintenance of Traffic Signals and Safety Lighting with the City of Indian Wells, the County of Riverside, and the City of La Quinta. FISCAL IMPLICATIONS: The intersection of Washington Street and Miles Avenue is jointly owned by the City of La Quinta (50%), and the City of Indian Wells (50%). The County of Riverside is providing the maintenance for this intersection, and currently bills the City of La Quinta for its portion of maintenance and electricity. The City currently pays an annual Service Level Billing fee of $1,080, adjusted at the end of the fiscal year for actual costs. The maintenance and electrical costs are estimated to be $2,500 annually. Sufficient funds are available in the budget to cover these costs. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The traffic signal at Washington Street and Miles Avenue has been maintained by the County of Riverside, Traffic Signal Maintenance Department since the signal was activated on July 14, 1994. The initial intersection ownership was shared equally by the County of Riverside and the City of La Quinta. Since that time, the City of Indian Wells has annexed the County's portion. The City of La Quinta has been paying its portion of maintenance costs, as billed by the County. Entering into a tri-party Agreement will allow for half of the Traffic Signal and Safety Lighting maintenance costs to be shared with the City of Indian Wells. Attachment 1 is the proposed Agreement for Maintenance of Traffic Signals and Safety Lighting. This formalizes the funding arrangement that has been in place since Indian Wells annexed the area a few years ago. S:\CityMgr\STAFF REPORTS ONLY\C 20 Maintenance Agreement.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a tri-party Agreement for the Maintenance of the Traffic Signal and Safety Lighting with the City of Indian Wells, the County of Riverside, and the City of La Quinta, and authorize the Mayor to execute the agreement; or 2. Do not approve a tri-party Agreement for the Maintenance of the Traffic Signal and Safety Lighting with the City of Indian Wells, the County of Riverside, and the City of La Quinta, and do not authorize the Mayor to execute the agreement; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy`T Public Wor Attachment: asson, P.E. irector/City Engineer Approved for submission by: / —74., e: �� Thomas P. Genovese, City Manager 1. Agreement for Maintenance of Traffic Signals and Safety Lighting S:\CityMgr\STAFF REPORTS ONLY\C 20 Maintenance Agreement.doc 2 40 1 • ATTACHMENT 1 1 2 3 4 51 al 7Ia 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT FOR MAINTENANCE OF TRAFFIC SIGNALS AND SAFETY LIGHTING This AGREEMENT is entered into by and among the County of Riverside, referred to herein as COUNTY, the City of Indian Wells, referred to herein as INDIAN WELLS, and the City of La Quinta, referred to herein as LA QUINTA, said cities being collectively referred to herein as CITIES: This AGREEMENT is for maintenance work provided by the COUNTY Transportation Department on traffic signal and highway safety lighting installations jointly owned by the CITIES at the location(s) shown on the attached Appendix. IT IS AGREED: 1. COUNTY, through its Transportation and Land Management Agency, Transportation Department, will provide routine maintenance work and emergency' call -out service on traffic signals, highway safety lighting, flashing beacons, and other electrically operated traffic control or warning devices at the location(s) described in the attached Appendix . In providing said maintenance, COUNTY shall do the following: Inspect the signal system and clean the control cabinet every six (6) weeks; re -lamp and clean incandescent lamped signal heads every three (3) years and re -lamp light emitting diode (LED) signal heads as needed;.re- lamp and clean luminaires every five (5) years. 2. CITIES shall pay COUNTY that percentage for each location of the total costs of routine maintenance, and emergency service, including all COUNTY costs for wages, benefits, transportation, materials, and administrative accounting, as stipulated in the attached Appendix, as the percentage of CITIES' locatior ownership. 3. Records for the work provided under this Agreement shall be kept by COUNTN and shall include the cost of all services performed. Billings shall be mad( 3 I quarterly and shall include an annual itemized accounting of all costs and 2 services. 3 4. CITIES shall submit in writing any dispute concerning any COUNTY billing within 4 thirty (30) working days after receipt of such billing. Otherwise, CITIES shall pay 5 for services within thirty (30) days after receipt of billing from COUNTY. 6 5. This Agreement shall become effective the date this Agreement is approved by 7 resolution by COUNTY Board of Supervisors; provided that CITIES have first 8 executed this Agreement. COUNTY will provide CITIES notice of the official 9 Board action. This Agreement shall remain in force until terminated by any of the 10 parties upon thirty (30) days written notice to the other parties. 11 6. If COUNTY is of the opinion that any work COUNTY has been directed to perform 12 is beyond the scope of this Agreement and constitutes Extra Work, COUNTY 13 shall promptly notify CITIES of that opinion. COUNTY shall be the sole judge as 14 to whether or not such work is in fact beyond the scope of this Agreement and 15 constitutes Extra Work. However, for purposes of COUNTY proceeding to perform 16 same, this is not intended to deny CITIES their civil legal remedies in the event of 17 a dispute. In the event that CITIES agree that such work does indeed constitute 18 Extra Work and authorizes COUNTY to perform the Extra Work, CITIES shall 19 provide extra compensation to COUNTY upon a fair and equitable basis in 20 accordance with COUNTY's standard rate. The concurrence of both CITIES shall 21 be required for this purpose. 22 -7. Upon and subject to further agreement of the parties, acknowledged in writing by 23 COUNTY's Director of Transportation, and CITIES Directors of Public Works, 24 facilities of like nature may be added hereto or deleted herefrom without further 25 review by either the Board of Supervisors of COUNTY or the City Councils of 26 CITIES. 27 8. CITIES, and each of them, shall indemnify, defend, and hold harmless COUNTY, 28 2 4 ��6 • 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 its officers, agents, servants and employees of and from any and all liability, claims, demands, debts; damages, suits, actions and causes of action of whatsoever kind, nature or sort, including, but not by way of limitation, wrongful death, personal injury or damage to property, the expenses of the defense of said parties and the payment of attorneys' fees in any such claim or action, to the extent caused by the actions or omissions of CITIES or employees of CITIES. COUNTY shall indemnify, defend, and hold harmless CITIES, their officers, agents, servants and employees of and from any and all liability, claims, demands, debts, damages, suits, actions and causes of action of whatsoever kind, nature or sort, including, but not by way of limitation, wrongful death, .personal injury or damage to property, the expenses of the defense of said parties and the payment of attorneys' fees in any such claim or action, to the extent caused by the actions or omissions and the furnishing of services, goods and materials by COUNTY, hereunder. 9. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements pertaining to the locations stipulated in the attached Appendix. This Agreement may only be modified in writing signed by each party. I ///// I///// 3 5 t- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WEM:DC: 08/04 25 26 27 28 10. Notice: Any notice required or permitted to be sent to each party shall be sent by regular mail, addressed as follows: County of Riverside City of Indian Wells City of La Quinta Transportation & Land 44-950 El Dorado Drive 78-495 Calle Tampico Management Agency Indian Wells, CA 92210 La Quinta, CA 92253 Transportation Dept. P.O. Box 1090 Attention: City Manager Attention: City Manager Riverside CA 92502 Attention: Director of Transportation IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on , 2004. COUNTY OF RIVERSIDE CITY OF INDIAN WELLS CITY OF LA QUINTA By: Chairman, Board of Supervisors Attest: Clerk to the Board By: Deputy Clerk of the Board Approved as to form: By: County Counsel RECOMMENDED FOR APPROVAL: By: Director of Transportation By: Mayor Attest: By. City Clerk Approved as to form: By. City Y Attorne 's Office APPROVED AS TO CONTENT: By. City Engineer ineer 4 By: Mayor Attest: By. City Clerk Approved as to form: By: . City Attorney's Office APPROVED AS TO CONTENT: By: City Engineer 6 1 2 3 4 5' 6 7 8 9 10 11 12 13 14 15 16i 17' 18 19 20 21 22 23 24 25 26 27 28 APPENDIX MAINTENANCE AGREEMENT FOR TRAFFIC SIGNAL AND HIGHWAY SAFETY LIGHTING INSTALLATIONS MAINTAINED BY THE COUNTY OF RIVERSIDE AUGUST 2004 TRAFFIC SIGNAL LOCATION Miles Avenue & Washington Street 5 OWNERSHIP City of Indian Wells 50% City of La Quinta 50% 7 009 4 Sep t :.r Ix1.,1.. OF COUNCIURDA MEETING DATE: October 19, 2004 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Acceptance of Capital Improvement Project No. 2 La Quinta Fire Station CONSENT CALENDAR: �D 00 1-14, STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Accept Capital Improvement Project # 2001-14, La Quinta Fire Station as 100% complete; and. Authorize the City Clerk to file a Notice of Completion with the office of the County Recorder; and Authorize the release of retention funds held in escrow, (less the cost of additional architectural and construction management costs which were incurred by the City due to the extended time of construction), 35 days after the Notice of Completion is recorded; and Appropriate $40,000 from the Fire Service Credit held by the County of Riverside to complete the North La Quinta Fire Station. FISCAL IMPLICATIONS: Throughout the course of the project, 10% retention was withheld from each progress payment and deposited in an escrow account per the project specifications. To date the City has deposited $276,548.23 in the account. Due to the extended construction time associated with the project, the City incurred damages estimated, at $65,000 (an exact amount will be determined after final billings have been received by the City), for additional architectural and construction management services. That amount will not be released to the bonding company, but rather will be returned to the City to defer the costs of the damages. The total project, including all soft and hard costs, was approximately $105,000 over budget, - including the $65,000 associated with the architectural and construction management costs described above. The overrun was mainly attributable to the cost of the equipment for the engine and the station itself. To make 4to up for the shortfall, staff is recommending funds be drawn from the Trust Fund, which has been established by the County for the City. The Trust Fund was established with revenues generated by fire taxes and pass through agreements, which in the past have exceeded the cost to provide fire service within the City. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On February 18, 2003, the City awarded a contract to DKS Contracting and Engineering in the amount of $2,684,000 for construction of the City's third fire station. Per the contract, the project was to be completed on or before January 14, 2004. During the course of construction, the owner of DKS abandoned the company and in order for the job to be finished, the bonding company had to step in and assume the role of the general contractor. This caused the project to be finished at a much later date than the deadline established in the contract. As a result of the delay, the City realized actual damages associated with the prolonged services of the project architect and construction manager. The bonding company has agreed that those actual damages (estimated to be $65,000), would be returned to the City from the retention monies held in escrow. The project is now deemed to be 100% complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, the City Council must formally approve the project and authorize the City Clerk to file the Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Accept Capital Improvement Project # 2001-14, La Quinta Fire Station as 100% complete; and Authorize the City Clerk to file a Notice of Completion with the office of the County Recorder; and Authorize the release of retention funds held in escrow, (less the cost of additional architectural and construction management costs which were incurred by the City due to the extended time of construction), 35 days after the Notice of Completion is recorded; and Appropriate $40,000 from the Fire Service Credit toward the North La Quinta 211 Fire Station; or 2. Do not accept the project as 100% complete; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager 3 212 a, v _ S IY OF T9. COUNCIL/RDA MEETING DATE: October 19, 2004 ITEM TITLE: Authorization for Overnight Travel for the City Clerk and Deputy City Clerk to attend the City Clerks New Law and Election Seminar in San Diego, California, December 8 - 1 1, 2004 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ZI STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the City Clerk and Deputy City Clerk to attend the City Clerks New Law and Election Seminar in San Diego, California, December 8, 2004 through December 11, 2004. FISCAL IMPLICATIONS: Funding is available in the budget from Travel, Training and Meetings Account No. 101-2001-41 1.51-01. The breakdown of estimated expenditures is as follows: Registration $395. X 2 $ 790 • Travel $ 100 • Lodging $ 528 • Meals $ 100 $ 1,518 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The League of California Cities holds the seminar annually after the State Legislature recess and the November elections to provide the most recent information on legislation that affects the duties of the City Clerk (Attachment 1) . It also provides updates on all new legislation regarding the California Elections Code. �13 The City Clerks Association of California will be holding an Executive Board Meeting beginning at noon on Friday, December 10, 2004, at the conclusion of the seminar. A goal setting session is scheduled immediately following the Board Meeting and on Saturday, December 11, 2004 until 3:30 p.m. Since the City Clerk has been elected to serve on the State Board as Recording Secretary, her attendance at the meeting is required. The extra night's lodging expenses are paid by the City Clerks Association of California. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the City Clerk and Deputy City Clerk to attend the City Clerks New Law and Election Seminar to be held in San Diego, California, December 8, 2004 through December 11, 2004; or . 2. Do not approve authorization for overnight travel for the City Clerk and Deputy City Clerk to attend the City Clerks New Law and Election Seminar to be held in San Diego, California, December 8, 2004 through December 11, 2004; or 3. Provide staff with alternative direction. Respectfully submitted, r Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Conference Program 2 4' 14 ATTACHMENT I ll LEAGUE OF CALIFORNIA CITIES Leadership - Through Learning 20uq. CITY CLERKS NEW LAB AND - EI.ECiTIQN SEMINAR Wednesday, December 8 — Friday, December 10, 2004 Sheraton San Diego Hotel and Marina, San Diego You Will Want To Attend If You Are A... > City Clerk Wednesday December 8, 2004 PLEASE NOTE: Session times, titles, and topics are subject to change. Registration Open 8: 00 am 5: 00 pm CityBooks Open 10: 00 am — 5: 00 pm New Clerk & First-Timer's Orientation 9: 00 — 9: 45 am An informal meeting to answer those burning questions: Why is there a New Law and Election Seminar? How do I receive "certification" points for attending? Who should attend? Get general information about other seminars and training sessions, ask questions, and most importantly, get acquainted with other new clerks and first -timers. Opening General Session Fair Political Practices Commission (FPPC) 10: 00 —11: 45 a.m. Dixie Howard with the FPPC will share what is ahead for 2005, answer questions, and provide useful information to do your job better. General Luncheon El Circo - Mock Council Meeting Noon —1: 45 pm Enjoy a skit depicting the wrong way to conduct city council meetings, along with commentary. General Session Petitions - Petitions - Petitions: Are You Prepared? 2: 00 — 4: 00 pm A panel of clerks and attorneys will share their expertise and experiences with initiatives, referendums and recalls. General Session Smart Voter 4:15 — 5: 00 pm Smart Voter, an online voter service project of the League of Women Voters of California, has been on the Internet since 1996. That's not quite a decade in `real time', but it's a virtual lifetime in the world of online election resources. Frances Talbott -White, Smart Voter's Southern California liaison, will demonstrate Smart Voter, geared towards the needs of city clerks, and highlighting new features. Please bring your questions about how Smart Voter can help you. Welcoming Reception 5: 00 — 6: 00 pm 04 :'1� Thursday December 9, 2004 Registration Open 8: 00 am — 5: 00 pm CityBooks Open 8:30 am — 5:00pm Continental Breakfast 8: 00 — 9: 00 am General Session New Law & Elections Update 9: 00 — Noon This session will provide an overview of new laws in various areas that affect the duties of city clerks. Amy Brown will be discussing the history and legislative process of AB 2790, the CCAC-sponsored bill. In addition to the new law updates, Deborah Seiler will give a brief update on the status of touch screen voting. General Luncheon Reflections on Iraq Noon —1: 45 pm Gain inspiration and insight as Sandra Tripp -Jones reflects on her six-month journey in 2003 into a very different culture and land to work with local government. General Session Surviving News Interviews And Other Forms of Public Communications 2: 00 — 3:15 pm One of the "unadvertised benefits" of media training is the improvement of day-to-day public communication with employees and the public. The communication skills needed to talk to reporters in the middle of a controversy can be very useful for routine contact with your colleagues and the community. Media trainer and crisis consultant Chuck Rossie will share his approach to communicating in emotional, controversial, and other interesting situations. General Session What is Your Legacy? 3: 30 — 5: 00 pm As a City Clerk, what is your legacy? Do you leave behind well -run elections, an accessible records management system, and an efficient legislative retrieval program? Or, is your legacy, ready and able people to take your place? Recognizing that baby=boomer senior managers are retiring en masse, this session on "best practices" in succession planning will explore how you can prepare the next generation of leaders. It will also examine "hard" VS.. "soft" skills (technical vs. management) needed by aspiring managers and your role in developing those competencies. Reception 5: 00 — 6: 00 pm Make plans to have dinner and enjoy the evening in San Diego after the reception. 217 Friday Decem6er 10, 2004 Registration. and CityBooks Open 8: 00 -10: 00 am Continental Breakfast 8: 00 — 9: 00 am General Session Conscious Communication TM: How To Bring Out The Best In People Even at Their Worst 9: 00 —11: 00 am An energetic and humorous Dr. Rick Brinkman will help you become conscious communicators. He will convey the specific strategies to handle various problem behaviors, and help you learn to empower yourself to be successful in bringing out the best in people (even at their worst). Adjourn 11: 00 am 06 CL` t C 4v �. l� �4[f1.1OM1►II �� of T9 COUNCIL/RDA MEETING DATE: October 19, 2004 ITEM TITLE: Authorization for Overnight Travel for the Interim Community Development Director to Attend the 2004 CRA CAL_ALHFA Affordable Housing Conference to be Held in Costa Mesa, October 27 - 28, 2004 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Interim Community Development Director to attend the 2004 CRA CAL-ALHFA Affordable Housing Conference to be held in Costa Mesa, October 27 - 28, 2004. FISCAL IMPLICATIONS: The costs associated with conference attendance for staff will be funded through the Community Development Department Administration training and meetings account (101- 6001-463-51-01) . The estimated expenditures are as follows: Registration $385 Travel $ 50 Meals $ 75 TOTAL $510 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Funds have been budgeted for staff to attend this conference. Information regarding the conference is contained in Attachment 1. 219 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Interim Community Development Director to attend the 2004 CRA CAL_ALHFA Affordable Housing Conference to be held in Costa Mesa, October 27 - 28, 2004; or 2. Do not approve the overnight travel for the Interim Community Development Director to attend the 2004 CRA CAL-ALHFA Affordable Housing Conference to be held in Costa Mesa, October 27 - 28, 2004; or 3. Provide staff with alternative direction. Respectfully submitted, //- - - , /-, / Z �Z/ � scar Orci, In erim Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Conference information p. 02 ATTACHMENT I1 Making Room for Everyone 25"' Anniversary IIIP'111!11Calffornia Redevelopment Association Redevelopment. Building Better Communities --- CallfomiaAssoclajloa ofLocal lfonsing Haaace Agencles 4� _. 03 This two-part workshop is designed to provide attendees with the tools necessary to effectively participate in an afford- able housing development project financed with 9% Low Income Housing Tax Credits. The first part of the workshop will discuss the organizational, legal, and financial structure of a 9% Low Income Housing Tax Credits project. Topics that will be discussed include selecting developers and development team members, key issues for agencies in partner- ship and loan agreements, bidding debt and equity to assure best pricing and terms, and structuring agency assistance. For the second part of the workshop, attendees will break up into small groups to discuss "real world" problems with agency, lender, tax credit investor, and developer representatives. Moderator David Rosen, Principal, David Paul Rosen & Associates Speakers Patricia C. Davis, Vice President, Senior Relationship Manager, Citigroup, Inc., Center for Community Development Enterprise Nora Lake -Brown, Principal, David Paul Rosen & Associates Leslye V.F. Corsigiia, Director, City of San Jose, Department of Housing Greg Chin, Senior Economist, David Paul Rosen & Associates Lance Bocarsly, Partner, Bingham McCutchen LLP Anne Moore, President, CRA, Executive Director, Sacramento Housing & Redevelopment Agency Tim O'Connell, President, CAL-.ALHFA, Director, Legislation & Policies, Century Housing Corporation John Shirey, Executive Director, CRA Mary Ellen Shay, Executive Director, CAL-ALHFA The 2004 CRA Cal-ALHFA Affordable Housing Conference, Making Room for Everyone, features Lucetta Dunn, the new State Director for Housing & Commu- nity Development, as the opening keynote speaker. Ms. Dunn will discuss how the administration is planning to address affordable housing in California and the role she sees redevelopment and housing finance agencies taking in meeting this need. Lucetta Dunn, Director of Housing & Community Development n As every affordable housing practitioner knows, assembling housing resources for projects is an effort in jigsaw puz- zling at its finest. Find out what pieces are available —from CalHFA loans, state and federal tax credits, Federal Home Loan Bank AHP resources, and Department of Housing and Community Development loan and grant programs —and how they fit together. Moderator Mary Ellen Shay, Executive Director, CAL-ALHFA Speakers Theresa Parker, Executive Director, California Housing Finance Agency Laurie Weir, Executive Director, State of California Debt Limit Allocation Committee Anita Adams, Vice President/ Di rector Affordable Housing, Federal Home Loan Bank of San Francisco, Community Investment Department Lynn Wehrli, Executive Director, Tax Credit Allocation Committee William Pavao, Deputy Director, Department of Housing and Community Development, Division of Community Affairs The passage of SB 975, and its implementation. on January 1, 2003, hit the affordable housing industry hard. This panel will address just how hard, and what actions —legislative, administrative, and judicial —are being taken to mitigate the impact of prevailing wage requirements on affordable housing development. The status of Department of Industrial Relations "Coverage Request" letters will also be discussed. Moderator Ana Marie Del Rio, Staff Attorney, Steadfast Companies Speakers Lynn Hutchins, Partner, Goldfarb & Lipman Geoff Brown, President, USA Properties Fund Enjoy our reception as you visit tabletop displays and materials from a variety of housing organizations representing consulting firms, developers, federal, state, non-profit, institutional and traditional lenders. Discuss your project needs with the representatives of these housing interests. This years event sponsored by: The Related Companies of California 0. ' Bw Jnwff THE WILWAN GROUP OF COMPANIES I4 05 Inclusionary housing programs are powerful tools used by one out of five California communities to expand the supply of affordable housing. These programs encourage a mix of incomes in new housing developments by incorporating housing units affordable to very low-, low- and/or moderate -income households. Community Redevelopment Law contains its own inclusionary housing requirement, referred to as the housing production requirement. This panel will discuss how to design and utilize inclusionary housing ordinances to help meet production requirements. It will also describe key elements to be considered when drafting, updating, and implementing an inclusionary housing ordinance. Moderator Elizabeth (Libby) Seifel, President, Seifel & Associates Speakers Polly Marshall, Partner, Goldfarb & Lipman Russ Watson, Housing & Redevelopment Manager, Thousand Oaks Redevelopment Agency Brad Wiblin, Director, Bridge Southern California With the election just five days from this conference, there will still be much uncertainty at both the State and Federal levels. However, we will share information on legislation affecting housing elements and inclusionary zoning; landlord - tenant law; development of a permanent source of funding for affordable housing; changes in the Section 8 Program; and much more. Attend this session and find out how Sacramento and Washington are affecting you and your programs. Speakers Betsy Morris, Chief Executive Officer, San Diego Housing Commission, Past President, CAL-ALHFA Hugh Bower, Chief Consultant, Assembly Committee on Housing & Community Development Tim O'Connell, President, CAL-ALHFA, Director, Legislation & Policies, Century Housing Corporation With the increasing emphasis on acquisition and rehabilitation projects and preserving existing affordable housing, relocation has become an important consideration in project feasibility. This panel will address critical issues such as noticing requirements, relocating existing tenants, calculating benefits, and meeting state and federal relocation requirements. Speakers lean Laurin, Senior Associate, Laurin Associates - A Division of Raney Planning & Management, Inc. Karen Eddleman, Managing Partner, Crossroads R/W Administration of affordable housing programs has become an important issue for cities and counties. What is the most effective way to administer an affordable housing program? Learn the pros and cons of different management models. The panel will discuss issues associated with each model including annual cost comparisons, program effectiveness, and legal concerns. Speakers Debbie Kern, Principal, Keyser Marston Associates, Inc. Karen Tiedemann, Partner, Goldfarb & Lipman Cissy Fischer, Manager, Housing Finance & Development, San Diego Housing Commission I- A The world of affordable housing development is continuously changing. Tax policy, federal and state programs, local initiatives are all in a constant state of flux. Get the latest insights from nationally recognized affordable housing advisors. This panel will discuss issues such as the possible reduction of Fair Market Rents (FMRs); the impact of changing housing priorities (homeownership versus rental) on housing programs; the New Markets Tax Credit program; and the speculation on possible changes in national tax policy. Speakers Jeanne Peterson, Principal, Reznick, Fedder and Silverman Beth Mullen, Principal, Reznick, Fedder and Silverman Housing resources are a scarce commodity in all parts of California, but even more so in rural areas. Learn how creative developers have put together projects using little known and underused rural housing resources. The panel will also discuss a recent case study in the town of Mammoth Lakes that took less than one year from concept to construction! Speakers Caleb Roope, President, Pacific Communities Andrea Clark, Executive Director, Mammoth Lakes Housing, Inc. Tom Bettencourt, Section Chief,.State HOME Program Tax -increment housing set -aside funds are a common source of gap'financing for affordable rental housing projects; however, the amount needed to finance these projects is often larger than tax increment can provide. California Debt Limit Allocation Committee.(CDLAC) plans to set -aside a substantial amount of bond allocation for a pooled program that will allow multiple agencies to submit multiple projects that can be financed in a cost- effective and timely manner. This panel will discuss the legal framework involved in the program; CDLAC expectations for the program; how stand-alone programs have worked; and bond and loan structuring implications. Moderator Richard Gerwitz, Managing Director, Newman & Associates Speakers Laurie Weir, Executive Director, CDLAC Peter Ross, Principal, Ross Financial Thomas Downey, Partner, Jones Hall It is possible to incorporate green building into your affordable projects without destroying your bottom line. Attend this workshop to learn the latest from the State's leading green developers and suppliers. Topics to be discussed include: cost effective energy features and options; reduced construction costs; practical designs; and qualifications for Energy Star, utility rebates, and tax credits. Speakers Ted Bardacke; Rescue Program Associate, Global Green Gwynne Pugh, Principal, Pugh + Scarpa Architects Puja Manglani, Project Manager, Heschong Mahone Group Agencies are required each year to report information to the Department of Housing & Community Development (HCD) on housing units assisted with funds from the Low- and Moderate -Income Housing Fund. This session will provide instruction from HCD staff on how to complete the forms and common mistakes to avoid, Speakers Glen Campora, Housing Policy Manager, Housing & Community Development Rita Levy, Redevelopment Specialist, Housing & Community Development > rg n ? . < s� r�i". /:/� ''•'a`�, ��"s'.% F� � ��„„��/�y�>��e �£�s� 'wf'.n.`r�'��:��• �'��,.,�n,� K � iMr;'�5 c'r� •'.�, •' �; :�' ;��`k `�� t .pax Y. . ��, Sze �z?. "'�'' ws� zs � ��..�'�fi�''"`w' � s� . s 2 �� .r� n � we ,.� :h ..y' �'8�:`c �.�dJ� S �r,'r'�v��,y>�h.'i3r.�a.'"�,•:f�:s"a<,�.0i}�'`'��y. �. >"ir'.,�^r d�zs��J,.%/ ss,r: 4sn rd / '' `>�• �� 6. F.�r•� �°ji�. iq��I ��%g �d > u ��sx<a:��r .'��,`F S�`x'r�, 3''Y�F + 7 8, f�f# 4�.' `M,F i.�: Wv . q , dC a�� s �'.. x John Murphy, Executive Director, National Association of Local Housing Finance Agencies (NALHFA), is the Thursday afternoon luncheon speaker at this year's Affordable Housing Conference. Mr. Murphy's topic, Issues and Actions Affecting Affordable Housing and Neighborhood Revitalization, will include a legislative update of - the 108th Congress and will provide a perspective of affordable housing issues at the national level.. .:.: John Murphy, Executive Mr. Murphy also will discuss his view on what Director, National Association affordable housing practitioners and advocates of Local HousiN Finance might expect from a second Bush Administration Luncheon sponsors Agencies or a Kerry Administration. CRA is a State Bar of California approved MCLE provider. Minimum Continuing Legal Education (MCLE) credits will be available. See sessions for details. COSTA MESA HILTON 3050 BRISTOL STREET COSTA MESA, CA 92626 VALET PARKING: $15 per night SELF -PARKING: $10 per night Conveniently located near the John Wayne Orange County Airport with free shuttle service to the hotel. Rooms can be reserved at the Hilton Costa Mesa by calling (714) 540-7000. Group Code is AHC. Free airport shuttle. �?6 08 Construction defect litigation —often filed years after projects are completed —has caused insurance rates on homeownership projects to skyrocket. The Legislature passed SB 800 in an effort to mitigate this problem; however, the law seems to raise as many questions as it answers. This panel will discuss the impacts California's construction defect laws have on affordable housing; the issues SB 800 raises for developers, contractors, and homeowners; the potential solutions for developers wanting to develop ownership housing; and the pluses and minuses of construction defect insurance. Moderator Karen Tiedemann, Partner, Goldfarb & Lipman Speakers William DiCamillo, Attorney, Goldfarb & Lipman John Tastor, Area Executive Vice President, Arthur J. Gallagher & Co., Insurance Brokers of California, Inc. Mark Surdam, Construction Manager, Enterprise Homeownership Partners, Inc. This is a case study of the successful sale of the Poinsettia Senior and Poinsettia Family Mobilehome Parks. The Parks were owned by the Poway Redevelopment Agency for 15 years and recently sold to Wakeland Housing and Development Inc., a San Diego based nonprofit housing corporation. Learn the key tools used for this successful transaction, including nonprofit vs. city ownership of mobilehome parks; selection of a nonprofit housing corporation; Standard & Poor's concerns; cash flow requirements and closing the funding gap; the impact the transaction has on lower income households; and political considerations for the governing body. Moderator David Narevsky, Redevelopment Manager, City of Poway Speakers Nora Lake -Brown, Principal, David Paul Rosen & Associates Bob Spellman, Managing Director, Public Finance, Spelman & Co. Ken Sauder, President, Wakeland Housing & Development Corporation Karen Fitzgerald, Associate Director, Standard & Poor's Corporation Many redevelopment agencies have established programs using Low- and Moderate -Income Housing Funds to assist first-time homebuyers with assistance for downpayments, closing costs, and affordability gaps. These programs have generally used second mortgages with deferred payment terms. Many homebuyers are reluctant to sign the 45-year deed restrictions and have challenged the deferred repayment provisions when they have sold their homes. The panel will discuss issues and challenges for the First -Time Homebuyer program including recent successes with regard to the 45-year deed restrictions and homebuyer challenges to repayment requirements. Moderator M. David Kroot, Partner, Goldfarb & Lipman Speakers Heather Gould. Attorney, Goldfarb & Lipman U. Martin, Attorney, Goldfarb & Lipman Denise E. Conley, Principal, Conley Consulting Group ��; 09 Name: Tiflw First Name to appear on badge: _ Organization: Address: City, State, Zip: Phone: Fax: email: Conference fees —please check all items that apply Workshop: ❑ Member - $95 ❑ Non-member - $115 (Includes Lunch on Wednesday) Conference: ❑ Member - $385 ❑ Non-member - $485 (Includes Lunch on Thursday) Student registration: ❑ Call 916.448.8760 for student rates. Special request: Total payment due: $ Payment information —please check one only ❑ Check enclosed ❑ Visa/MasterCard/AMEX Name on card: Card number: Expiration date: Amount: Signature: Card billing Street # and zip code: 3 or 4 digit security code on back of card: Registration —Register for the Conference and/or the Workshop online at www.calredevelop.org; complete the registration form and fax it to 916.448.9397; mail it directly to CRA; or register on -site. Your registration fee for the conference will include all course materials, refreshment breaks, and lunch on Thursday. Call CRA at 916.448.8760 for information. Cancellation Policy ❖ Cancellations must be submitted in writing (Faxed or email documents are acceptable). ❖ Conference or workshop cancellations postmarked, faxed or emailed prior to 10/06/04 will receive a full refund (less a $70 processing fee on conference, $10 fee on workshop). 4• Cancellations postmarked, faxed or emailed between 10/07/04 - 10/20/04 will be charged an $85 cancellation fee on conference, $14 fee on workshop. .• No refund or credit for cancellations postmarked 10/21/04 or later, and/or for registrants who do not cancel or attend. Don't miss outH Register TODAY at: www.calredevelop.org Phone 916-448-8760 Fax 916-448-9397 ❑ Check here if you are PRESORTED a Cal-ALHFA member. 1, : California Redevelo ment Association FIRST CLASS ,; P U.S. POSTAGE 1400 K Street Suite 204 PA1° .t SACRAMENTO, CA Sacramento, CA 95814 PERMIT NO.2W 228 10 c&t�, 4 ePC��w COUNCIL/RDA MEETING DATE: October 19, 2004 ITEM TITLE: Consideration of Geometric Layout for Village Roundabout Reconstruction RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to proceed with preparation of construction drawings for the revised Village roundabout layout, including the landscape component. Appropriate $25,000 from unallocated Gas Tax reserves (Budget Account 201-000- 290-000) to a new Capital Improvement budget account for design of the Village roundabout. FISCAL IMPLICATIONS: The City received a $213,000 cash settlement from the civil engineering firm that designed the roundabout. However, the settlement was for several other design flaws in the Cove Improvement project as well. Those flaws expended the settlement amount during construction. As a result, the City must allocate new funds in order to complete design of this project. A separate request for construction funding will be made at the time the project is approved for advertisement for bids. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Village roundabout is located at the intersection of Avenida Montezuma and Avenida Navarro and was originally constructed in 2001 as part of the Phase 6 Cove Improvement project. The original roundabout was not properly designed and has failed to provide optimal traffic control at this intersection. The intersection currently functions as a four-way stop with a decorative brick paver circle in the center. S:\CityMgr\STAFF REPORTS ONLY\10-19-04\13 3 Village Roundabout.doc � 9 i The City engaged the design services of Katz, Okitsu and Associates, a traffic engineering and transportation -planning firm located in Tustin, California, with experience in modern roundabout design, to prepare a preliminary geometric layout for a new roundabout for the subject intersection. The proposed layout of the new roundabout is illustrated in Attachments 1 and 2. Semi -traditional Intersection This intersection is well suited for a roundabout because of the five streets that converge there; however, there are other options. There is an opportunity to implement a more traditional intersection in which the east -west traffic passes through the intersection non-stop while the north -south traffic is required to stop. Although the intersection currently functions as a four-way stop, technically it does not meet warrants for a four-way stop based on traffic volumes alone. The current four-way stop configuration is to ensure traffic safety only. Roundabout Intersection The primary benefit to be derived from implementing a modern roundabout at the subject intersection in lieu of a traditional intersection is the slower traffic speeds that would occur because traffic has to circulate around the roundabout island at 10-15 MPH. Constructing a roundabout at this intersection to control traffic speed will also promote the pedestrian oriented environment that is sought for the Village. The notable features of the proposed revised layout for the roundabout are as follows: • A raised center island to ensure traffic circulates around the island as required by modern roundabout design. • Elimination of the one-way shortcut circulator route immediately west of the roundabout. All eastbound vehicles approaching the intersection from the park area must enter the roundabout and travel around the center island if they wish to go westbound back to the park. • The pedestrian route around the roundabout is less circuitous by eliminating the vehicular shortcut circulator route next to the park. • Revised entry alignment of the entering roadways to aid in slowing entering vehicles and also provide improved ability for larger vehicles to negotiate the intersection. • Implementation of a 6-foot wide "truck apron" around the perimeter of the center island. The truck apron is an elevated section (4 inches) above the rest of the circulatory roadbed that large trucks can mount to help them negotiate the intersection. Cars can also mount the truck apron if they choose to do so, however, most will not because it's a smoother, more enjoyable driving experience to avoid the truck apron. S:\CityMgr\STAFF REPORTS ONLY\10-19-04\13 3 Village Roundabout.doc 2 r 3 0 • Replacement of the stop signs on all roadways entering the intersection with yield signs. Project Schedule The anticipated schedule for completing the project is as follows: Complete Engineering Design & Advertise for Bids January 18, 2005 Receive Bids February 17, 2005 Award Construction Contract March 1, 2005 Complete Construction May 15, 2005 The estimated cost to re -design and construct the roundabout is $235,000. The estimated cost to re -design and construct a semi -traditional intersection is $55,000. Although the semi -traditional intersection is significantly less expensive to implement, it will not affect slower traffic speeds nor will it promote pedestrian traffic in the Village. Installing a roundabout at the subject intersection is also a thematic continuation of, and is consistent with, other street and pedestrian improvements already installed on Calle Estado and Avenida La Fonda where narrow roadways encourage slower traffic speeds and offer pedestrians better and safer street crossing opportunities. Staff therefore recommends that the City Council approve proceeding with the roundabout design and complete the construction plans for the revised layout of the Village Roundabout. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to proceed with preparation of construction drawings for the revised Village roundabout layout, including the landscape component; or 2. Authorize staff to proceed with preparation of construction drawings for a semi - traditional intersection; or 3. Provide staff with alternative direction. S:\CityMgr\STAFF REPORTS 6NLY\10-19-04\13 3 Village Roundabout.doc 3 2 3 1 Respectfully submitted, imothy R. 4asV, P.E. Public Works Dire/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Exhibit #1 Plan Showing Areas to be Reconstructed 2. Exhibit #2 Final Concept Plan S:\CityMgr\STAFF REPORTS ONLY\10-19-04\13 3 Village Roundabout.doc 4 40. 3 42 ATTACHMENT 1 a a Z WQ Vl 09 � yU 93 v 1 t I w U 1 � H ' z O LLJ N Ir u.I - 0 cf) w o: a 0 \ z o �\ z T coW_ X W os__ 233 ATTACHMENT 2 y . O s4 !IC7 SIB I !� L OJ.ZPAeX epruaAV J SCL Uuj �\ V 1 r Q 4 CL 4p W oc d Z W L1 Z C) O.C3 CD In U d A W W F o a 0- Ian o a a a o !- as 234 COUNCIL/RDA MEETING DATE: October 19, 2004 ITEM TITLE: Consideration of Library Memorandum of Understanding Between the County of Riverside and City of La Quinta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a memorandum of understanding for library services between the County of Riverside and City of La Quinta to be in effect from July 1, 2005 through June 30, 2010, with an option to exercise a five-year extension. FISCAL IMPLICATIONS: Based on La Quinta library revenue projections from property tax, redevelopment, and public library fund sources, City of La Quinta revenues reflect an approximate total of $1.36 million annually for library services (a figure that will vary from year to year depending on taxing. and collection factors). Under the proposed Memorandum of Understanding (MOU) for library services between the County of Riverside and City of La Quinta (Attachment 1, as redline version), the County of Riverside would be deducting or retaining funds from the City of La Quinta's total library revenues in order to pay for certain La Quinta Library expenses. Specifically, the County would retain funds to pay for library operations and County administrative fees. The amount retained by the County to pay for these expenses may reach an estimated $600,000 during the first year of the MOU, and may vary each year thereafter depending on changes to levels and costs in relation to services, materials, and products or additional library needs. After appropriate deductions by the County, the City would receive 100% of the remaining library revenues in a City Library Fund. This is a change from the current MOU in which the City receives less than 100% (FY 02/03-76%; FY 03/04-81 %; and FY 04/05-85%). Taking the $1.36 million and $600,000 as an example for the first fiscal year of the MOU, the City would be entitled to an estimated remaining balance of 235 $760,000, which would be transferred to the City Library Fund and used to pay for other library -related expenses such as a land lease ($1 15,000 annually) and landscape maintenance costs. The County has advised City staff that the remaining funds, once transferred into the City Library Fund, would no longer be considered redevelopment funds. Additional library -related expenditures may include, but are not limited to: replacements, repairs, enhancements, lighting, special equipment/material, and artwork. As these and other library needs are identified, the City, in consultation with the County, will determine the most appropriate procedures for implementation and payment. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 4, 2004, the City Council discussed options for library services via a study session. The corresponding staff report (which includes a copy of the current MOU and an accounting of related revenues, expenses, and payments) is included as Attachment 2. Given the current MOU expires on June 301 2005, staff placed the matter on the agenda to allow City Council discussion and direction on a course of action regarding library services. The primary question was whether the City would remain in the County Library System or withdraw. After some discussion, and several legal inquiries, the City Council directed staff to negotiate a new MOU with the County. Staff has since been in regular contact with County representatives including Gary Christmas, Deputy County Executive Officer, Michael O'Connor, Deputy County Executive Officer, and Nancy Johnson, Riverside County Librarian. Negotiations have been ongoing via e-mail, conference calls, and personal meetings. In developing a new MOU, as proposed in Attachment 1 (redline version), staff endeavored to work within the parameters set forth by the City Council while addressing the items of interest to the County. As a result, a proposed MOU was developed which has the acceptance of City staff, the City Attorney, County staff, and County Counsel. Highlights are as follows: • MOU term of five years (July 1, 2005 — June 30, 2010) with a five-year option to extend if mutually agreed upon • Increase staff and hours of operations at new City facility (as set forth by City with review and recommendations by County) • County to help identity grant funding/opportunities for various library programs and services • Library operations at new facility to cost between $450,000 and $550,000 (County and City to work together on staffing levels, hours of operations, and levels of service) • County to hold an amount for library operations and County administrative fees from La Quinta's library revenue, and transfer 100% of remaining balance to City Library Fund • Remaining' balance to be paid via two transfer payments (February 15 of each fiscal year and June 30 of each fiscal year) with a reconciliation payment due February 1 of the subsequent fiscal year • Once the remaining balance is transferred, City has right to use funds for land lease, landscape maintenance, and other library -related items as deemed appropriate by the City • County shall provide City quarterly reports appropriate for City Council review Mr. Christmas, Mr. O'Connor, and Ms. Johnson have indicated they will be in attendance to answer any questions the City Council may have. Staff has provided a clean copy of the MOU (Attachment 3) in the event City Council elects to approve a new MOU with the County. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a memorandum of understanding for library services between the.County of Riverside and City of La Quinta to be in effect from July 1 2005 through June 30, 2010, with an option to exercise a five-year extension; or 2. Do not. approve a memorandum of understanding for library services between the County of Riverside and City of La Quinta to be in effect from July 1, 2005 through June 30, 2010; or 3. Provide staff with alternative direction. Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. New library MOU (redline version) 2. Staff report dated May 4, 2004 3. Clean library MOU (appropriate for approval) � 3'7 3 Attachment 1 < DRAFT > LIBRARY MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into byas ofof . 2004 ("Aareement Date") by and between the City of La Quinta ("City") and the County of Riverside ("County") WHEREAS, the County has offered to enhance existing library services as an alternative to the City exercising its right to withdraw from the County Library System; and, WHEREAS, the City and County desire to enhance the delivery of library services within the City, and have reached an agreement that they wish to set forth in writing in the form of this MOU. The City and the County therefore agree as follows: SECTION 1: TERM This MOU shall take effect on July, 1, 20022005 and shall remain in effect through and including June 30, 200 :2010: with an additional five-year option which may be - exercised if both parties agree to exercise the option. The City and County agree that there is no commitment, guarantee,.or requirement for either the City teor the County to exercise the additional five-year option or otherwise extend this MOU. The City the County may, at their option. exercise the additional five-year option by giving written notice to the other party ino later than June 30, 2009. If both parties exercise the option to extend the term for an additional five years, then the term shall be extended for that period upon the same terms and conditions as set forth herein. The City or the County may forego exercising the option to extend this MOU but may request an extension of this MOU as it modified terms. If the C#yeither the ity or County does not opttto exercise the additional five-year option but desires to extend the term of t#ethis MOU on modified terms, the City and County shall negotiate in good faith to extend the a lithos MOU. Unless otherwise agreed to by the CityA.W the , any extension to this MOU would use the then existing service levels, building size, etc. as the floor of acbeptable standards for future library service. The City fully reserves its rights to withdraw from the County Library System pursuant to existing laws and regulations, effective with the expiration of this MOU or subsequent extensions. SECTION 2: HOURS/DAYS OF OPERATION -- LOCATION During the term of this MOU, the La Quinta Branch Libra ry=located at 78-104 Calle 2' 3 8 4 Estado. shall be open: a minimum of six (6) days per week including 2 evenings and Sunday; and be open a minimum of 40 hours per week. -M.Pily heur-s will be set by the City, The number of hours and days will be set by the City with review and recommendations by the G.-ity If it is det8ffn'Red that the heuFs need to be GhaRged to hours. SQ9 SECTION 3: COLLECTION The County agrees to spend a minimum of $5,000 for collection materials during each year of this M= Once the new library is opened, the annual expenditures for collection materials shall be increased as necessary to be consistent with other large branches, and the collection shall be increased in size and scope to make it consistent with other large branches. The City shall have the opportunity to participate in theacquisition determinations and to aoorove the level of fundina for the acquisitions. All collection materials shall be purchased specifically for the La Quinta Branch Library and housed at the La Quinta Branch Library. Collection materials purchased for the La Quinta Branch Library shall be the property of the S1�# CC and be housed at the La Quinta Branch Library -aid. Such collection materials shall not be permanently transferred or moved from the La Quinta Branch Library without the express written consent of the City. SECTION 4: LIBRARY FUNDING AND SERVICE The County will work cooperatively with City to design, GGR& and develop a library service plan for a#he new lid: facility and expansion thereof. The County will work cooperatively with the City to npply for grants from the state e identify funding/grant opportunities for variei,� 12rQgrams and services connected with the new library facility and expansion thereof. The County will spend on Gity library services within the -City -(including lease 03� payments for the La Quinta Branch Library facility4eaese- and all other facility expenses), or transfer to the City Library fund . one hundred percent (100%1 of library revenues from City or City Redevelopment Agency sources. including but not limited to revenues from redevelopment pass -through agreements ,� the library' of the property tax -and e library property tax increment, and the City portion of State -funded Public Library Foundation funds. The —library revenues from City or City Redevelopment Agency sources. including,but not limited to, revenues from redevelopment pass-throuah agreements, the library portion of the property tax and the librarv_nrogerty tax increment, and the City portion of State -funded Public Library Foundation funds shall be referred to hereinafter as the "La Quinta Revenues". An example of the La Quinta Revenues Fiscal Year 2001-2004 is attached as Exhibit A-- shewina La Quints Revenues of $1.160J25.00. The guaranteed percentage per fiscal year will be as follows: Fiscal Year 2QQ2i2QQ3° 2005/2006 -100% of La Quinta Revenues kj n-n ' 1 1 1 1 QR%_Qf La Quinta Revenues 0 �* 1 1' 1 1 1 1' ,• w 1 � 1 The County shall have an MLS Librarian serving full-time at the La Quinta Branch Library. Estimated annual expenditures by the County on library services (does not include facility lease or other facility expenses) shall total at least $220 logo ,220,0.00 at the library located at 78-104 Calle Esta o. generally distributed as follows: Labor and benefits $170,000 Automation Services $ 17,000 Courier Services $ 5,000 Shared Costs $ 18,000 Administrative Costs $ 5,000 Materials $ 5,000 cooperativelyCounty will work - .._ l 1 � • r � _ ll • • • l � � • 1 / • • 1 • r • 1 l 1-XI ZVI 1 ••m IN ",76MZM rGITI• 1 ilk 41 11 ll 1 1 1 it l , 1 • - • • • • • . - 1 • 1 - 1 - . • r • 1 1 1 • • • • � ► l 1 1 1 1 i • 1 1 1 1 • • • 1 _ • • i 1 • � � ► • 1 • 1 • • • • 1 1 • = 1 • • • • • 1 i • • 0 40 SECTION 56: CITY LIBRARY COMMITTEE In order to enhance City input on library matters, the City may create a City Library Committee ("Committee"). The purpose of the Committee shall be to review library operations and make recommendations on library operations including, but not limited to, collection purchases, equipment purchases, hours of operation, and other library matters deemed appropriate for review by the Committee. The meeting locations and times shall be as set by the Committee. thiG and aareed to by all parties. The County and City will consider input from this GGFRFnitt9GQfflUnRtQ& to determine appropriate levels of library service. SECTION 67-: CITY WITHDRAWAL FROM COUNTY LIBRARY SYSTEM; STATUS OF LIBRARY COLLECTION, FURNISHINGS, FURNITURE, ETC. 4fII items purchased with La Quinta Revenues shall be the sole nronerty of the City of La Quinta. In addition, if the City decides at a future date to withdraw from the County Library System, the City shall be granted the ownership of the then existing collection, equipment, furniture, or furnishings or for any collection materials, equipment, furniture or furnishing purchased prior to or during the term of this MOU for use at the La Quinta bFa�s#Branch Library. In negotiations, City and County have agreed that in recognition of the City of La Quinta's contributions to the County Library System over the past years, City will be given full credit for the value of the library collection and equipment and will be granted ownership of the then existing collection and equipment without additional payment. 8 �� a. To ensure seamless access to the City's library collection by Riverside County Library System patrons, if the Citywithdraws from the County Library Syatgm at the expiration of this MOU, City will strongly consider options to link its automated collection management system with the County's either (i) by contracting with the County for operation of the City's system, or (ii) by the City paying all costs to establish a fully interactive link between the City's automated system and the County's; and b. Thelf the City withdraws from the County Library System at the expiration of this MOU: the City would endeavor to become a member of the Inland Library System preserving their citizens' access to holdings in other public libraries in the Inland area (and vice versa). SECTION 7-$: COMPLETE AGREEMENT Notwithstanding the foregoing, it is intended that this agreeme MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the La Quinta City Council and the County Board of Supervisors. The waiver of any breach, term or condition of this agreem MOU by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. The MOU is hereby executed and/or ratified by and between the following authorized representatives of the City and the County. COUNTY OF RIVERSIDE CITY OF LA QUINTA By By Jim \/onahle Inhn I Qnn_� Roy Wilson Don Adolph Chairperson, Board of Mayor Supervisors ATTEST: Gerald A. Maloney G'eFk of the BeaFd ATTEST: 9 243 By q • • - • W • 1 - . • . 0 Approved as to Form WILLIAM C. KATZENSTEIN County Counsel By Deputy, County Counsel JUNE S. GREEK, City Clerk City of La auinta, California 2w44 10 Attachment 2 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 4, 2004 CONSENT CALENDAR: ITEM TITLE* STUDY SESSION: Discussion of Options for Library Services PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Fiscal implications are contingent upon the direction the City Council wishes to take in regard to library operations. The current Memorandum of Understanding (MOU) between the City of La Quinta and County of Riverside Ifor library services (Attachment 1) has yielded, to date, roughly $1.24 million for the City. In fiscal year 2002-03, the City generated nearly $953,700 in revenue for library services, while the County expended $383,800 on library operations. The County transferred payment amounts to the City totaling $569,900; derived by taking City revenues ($953,700) and subtracting library expenditures ($383,800). The County also transferred two mitigation payments totaling $400,000, bringing the City's Fiscal Year 2002-03 total to $969,900. For Fiscal Year 2003-04, the, County has made a first transfer payment of $275,000, which brings the City's grand total (since the inception of the current MOU) to approximately $1.24 million. A detailed accounting of the above is provided in Attachment 2. The ' City has the potential of receiving up to $1.25 million annually for library services, or more, depending on property tax, redevelopment, and public library fund revenues. The $1.25 million figure assumes the City will either withdraw from the County Library System or negotiate a new MOU with the County in which the City receives 100% of library revenues (as opposed to the current 76%, 81 %, 85% structure). If the City elects to withdraw from the County Library System, the City would be responsible for providing library services. The cost for those services would 11 �4 theoretically entail the provision of library space (via the newly -constructed library building) as well as library operations. The County currently spends approximately $383,800 annually to run the La Ouinta Library (operational costs and rent), and has indicated that the cost for operating a 10,000 square -foot facility may cost roughly between $450,000 and $550,000 annually depending on hours of operation (and not including custodial, landscape/building maintenance or County administrative costs). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta and County of Riverside entered into a Memorandum of Understanding in August 1998 for the provision of library services within the City of La Quinta. Among other factors, the MOU provided for the La Quinta Library to have increased hours of operation, a larger space, new collection materials, and . payments to the City during the term of the MOU. That first MOU expired on June 30, 2002. On August 21, 2001, the Council approved a second MOU with the County which generally included the following provisions: • County will work cooperatively with the City to design, construct, and develop a library service plan for a new facility • County will work cooperatively with the City to apply for grants to construct a new library facility • County will transfer at least $590,863 in mitigation (or other funds) to the City for construction of a new library facility during the term of the MOU • County will spend on library services, or transfer to the City Library Fund, a guaranteed percentage of library revenues (FY 2002/03-76%, FY 2003/04-81 %, FY 2004/05-85%) This current -MOU has been in effect since July 1, 2002 and will expire June 30, 2005. As previously indicated, a detailed accounting (to date) on this MOU is provided as Attachment 2. Given that the current MOU expires on June 30, 2005 and withdrawal from the County Library System would require administrative tasks beginning *as early as September/October of the previous year, staff has placed this matter on the agenda to allow for Council discussion and direction on a course of action regarding library services. The primary decision to be discussed is whether the City should remain in the County Library System or withdraw. Withdraw from County Library System If the City chooses to pursue this option, action will need to' be taken in the very near future. State law indicates that the Board of Supervisors/State Board of Equalization � 46 12 must be noticed by December 2 of the year prior to withdrawal (i.e., December 2, 2004 since the withdrawal date would be effective July 1, 2005); however, from past experience, the City has been advised that action musttake place by September/October to allow the logistics of this action to be coordinated and acted upon. Withdrawal from the County Library System will necessitate alternative provision of library services for City residents. Options identified to date relative to operations include: • Contract with County for library services Contract *with outside operators for library services (e.g., LSSI, the company that currently provides library services for the County) • Create independent City Library and contract for those services, or staff it with City employees An assumption is being made that by July 1, 2005 the new City library building will have been -completed and will house the La Quinta Library. Legislation passed in late 1997 provides that upon the City's withdrawal from the County Library System, the County will annually return revenue to the City pursuant to a formula set forth in the California Revenue and Taxation Code. If the City Council were to direct staff to pursue the withdrawal option, at least two significant issues (visited in 2001 during the previous round of library services discussions) would require additional research, legal opinions, and discussions with the County: 1► the uncertainty of using redevelopment pass -through funds for library operations; and 2) the potential for loss of revenue due to a change in the City s status as a nohow property tax jurisdiction. Remain in County Library System The City may opt to remain- in the County Library System, which will require negotiations with the County on a new MOU. Staff has made preliminary contact with Michael O'Connor, Deputy County Executive Officer and Gary Christmas, Riverside County Librarian, to solicit a proposal from the County on a new MOU for Library services beginning July 1, 2005. As a first step, the County has submitted a letter outlining several items the County would like the City to consider (Attachment 3). In summary, the items are as follows: Increase term of MOU to five years (July 1, 2005 — June 30, 2010) • Increase staff and hours of operations at new * City facility • Continue to hold a guaranteed amount for library expenditures from La Quinta's library revenue, and transfer any portion not used to City • Change final reconciliation date from September 15 to February 1 44 113 Add provision for interest payment on any County late payments Provide language related to redevelopment transfer agreements between County and City Staff recently consulted with Mr. O'Connor and Mr. Christmas via a conference call regarding the County's proposal; in particular, the guaranteed percentages of library revenue the City would be receiving. The County representatives have made assurances that even . if La Quinta does not receive 100% of the library revenues (e.g., may be 85 % or 90%), the County guarantees and is willing to negotiate availability of additional funds for library uses. The. County also reassures that the City will have flexibility and control in terms of hours of operation and quality of service. Mr. Christmas expresses that the letter represents talking .points meant to initiate negotiations. Both Mr. Christmas and Mr. O'Connor have indicated they will be in attendance to discuss the proposed MOU items, provide more information, and answer any questions the Council may have. If the Council elects to pursue a new MOU with the County, staff will continue negotiations and bring back a more formal MOU document for further consideration. Respectfully submitted, Thomas P. Genovese, City Manager Attachments: 1. Library Memorandum of Understanding (current) 2. 2002-2005 Library MOU Accounting 3. Letter from Riverside County regarding new MOU �- 14, ATTACHMENT 1 LIBRARY- MEMORANDUM OF UNDERSTANDING This Memorandum- of Understanding ("MOU") is made and entered into by the City of La Quinta ("City") and the County of Riverside ("County")., WHEREAS, the County has offered to enhance existing library services as an alternative to the City exercising its right to withdraw from the County Library System; and, WHEREAS, the City and County.desire to enhance the delivery of library services within the City, and have reached an agreement that they wish to set forth in writing in the form of this MOU. The City and the* County therefore agree as follows: SECTION 1: TERM This MOU shall take effect on July 1, 2002 and shall remain in effect through and including June 30, 2005. The City and County, agree that there is no commitment, guarantee, or requirement for the City to extend this MOU. The City may, at its option, request an extension of this MOU as it exists or with modified terms. If the City desires to extend the term of the. MOU, -the City and County shall negotiate in good faith for extend the. agreement.. Unless agreed to by the City, any extension to this MOU would use the then existing service levels, building size, etc. as the floor of acceptable standards, for future library service. The City fully reserves its rights to withdrawfrom the County Library System pursuant to existing laws and regulations, effective with the expiration of this MOU. or subsequent extensions. SECTION 2: HOURSIDAYS OF OPERATION During the term of this MOU, the La. Quinta Branch Library shall be open: a minimum of six (6) days per week including 2 evenings and Sunday; and .be open -a minimum of 40 hours per week. Daily hours will be set. by Riverside County with review and recommendations by the City. If it is determined that the hours need to be ganged tofacilitate the City residents' needs, the. City may request a reorganization of the hours. Such reorganization shall not be unreasonably denied by the County; every effort will be made to implement such changes within thirty (30) days written request by the City. SECTION 3: COLLECTION The County agrees to spend a minimum of $5,000 for collection materials during each year of this agreement. Any increases in annual collection expenditures are to be consistent with other large branches and the collection shall be increased in size and scope to make it consistent with other large branches. The City shall have the opportunity to participate in the acquisition determinations. All election materials shall be purchased specifically for the La Quinta Branch Library and housed at tho La Quinta Branch Library. Collection materials purchased for the La Quints Branch Library shall be the property of the La Quinta Branch Library and be housed at the La Quinta Branch Library and shall not be permanently transferred or rhoved from the La Quinta Branch Library without the express written consent of the City. SECTION 4: LIBRARY FUNDING AND SERVICE The County will work cooperatively with City to design, construct and develop a library service plan for a new facility. The County will work cooperatively with the City to apply for grants from the state or other sources to- assist in the construction of a new library facility. The County will transfer at least $590,863 in mitigation (or other funds) to the City for construction of a new, library facility. during the tern of the MOU. Of this amount, $200,000 will be transferred by December 31, 2002; $200,000 will be transferred by December 31, 2003; and the .balance will be transferred by December 31, 2004. The County will spend on City library services (including facility lease and all other facility expenses)(or nsfer to the City Library fund a guaranteed* percentage of library revenues from City redevelopment pass -through agreements (does not include previously negotiated repayments), the library increment of the. property tax, and the City portion of State. -funded Public Library Foundation funds. The guaranteed percentage does not include the $590,863 in mitigation or other funds. An example of the funding sources and formula for Fiscal Year 2000-2001 is attached as Exhibit A. The guaranteed percentage per fiscal year will be as follows: Fiscal Year 2002/2003 - 76% Fiscal Year 200312004 - 81 % Fiscal Year 2004/2005 - 85% The County shall have an- MLS Librarian- serving full-time at'the La Quinta Branch Library. Estimated annual expenditures by the County on library services (does not include facility .lease or other facility expenses) shall total at least $220,000, generally distributed as follows: Labor and benefits $170,000 Automation Services $ 179000 Courier Services $ 59000 Shard Costs $ 189000 Administrative Costs $ 5,000 Materials $ 59000 County will. work cooperatively with the City on library expenditures. The remaining balance shall be used to enhance the collection, fumishings, and equipment needs at. the La Quinta -Branch Library, or will be transferred to the City Library Fund. County will present revenues and. expenses to. the City for review prior to transferring funds to the City 250 16 Library Fund. The first transfer to the City Library Fund will be made by February 15 of each fiscal year. A second transfer will be made by June 30. A final reconciliation shall be completed by September 15 of thesubsequent fiscal year to allow for any year-end fiscal closing procedures of the County. SECTION 5: CITY LIBRARY COMMITTEE In order to enhance City input on library matters, the City may create a City Library Committee ("Committee*)... The purpose of the Committee shall be to review library operations and make recommendations on library operations including, but not limited to, collection purchases, equipment purchases, hours of operation, building location, and other library matters deemed appropriate for review by the Committee. The meeting locations and times shall be as set by. the Committee. The County shall also have representation on this committee. The County and City will. consider input from this committee to determine appropriate levels of library service. SECTION 6: CITY WITHDRAWAL FROM COUNTY LIBRARY SYSTEM; STATUS OF LIBRARY COLLECTION, FURNISHINGS, FURNITURE, ETC. If the City decides at a future date to withdraw from the County Library System, the City shall be granted the ownership of the then existing collection, equipment; furniture, or furnishings or for any collection materials, equipment, furniture or furnishing purchased prior to or during the term of this MOU for use at the La Quinta branch Library. In negotiations, City and County have agreed that in recognition of the City of La. Quinta's contributions to the County Library System over the past years, City will be given full credit for. the value of the library collection and equipment and will be granted ownership of the then existing collection and equipment .without additional payment. a. To ensure- seamless access to the City's library collection by Riverside County Library System patrons; City will strongly consider options to link its automated collection mapagement system with the County's either(i) by contractirig with the County for operation of the City's system, or (ii) -by the City paying all posts to establish a fully Interactive link between the City's automated system and the County's; .and b. The City would endeavor to become a member of Ihe inland Library System preserving their citizens', access to holdings in other public libraries in the Inland area (end vice versa). SECTION 7:. COMPLETE AGREEMENT Notwithstanding the foregoing, it is intended that this agreement/MOU . sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and . implemented by the La Quinta City Council and the County Board of Supervisors. The waiver of any breach, tern or condition of this agreement/MOU by either -party shall not constitute a precedent in the future enforcement of all its terms and provisions. The MOU is hereby executed and/or ratified by and between the following authorized representatives of the City and the County. COUNTY OF RIVERSIDE Jim Venable Chairperson, Board of Supervisors ATTEST: • i 2" Gerald A. Maldfiey s . Clerk of the Board 7 Approved as to Form and Content WILLIAM C. KATZENSTEIN County Counsel By- A. �•c Deputy, County Counsel CI' By ATTEST: eel J . GREEK, City Clerk. City 'of La Quinta, California 18 EXHIBIT A Example of Funding Source -and Formula City of La Oninta Library .Revenues Fiscal Year 2000-2001 Proaer�ty Tax Revenue Estimated Tax Estimated Tax after ERAF shift to State $1869,073.16 $971,472 $ 97,472 Redeveloiameut Project 1 , Pass through $479,529 $4799529 Project 2 Pass through 197,361 $19.711361 State Public Library Foundation Funds S1.657 per capita x Population (26,300) S43,579 Total Library Revenue I Formula: Total Library Revenue x Guaranteed Percentage = Amount to be spent within La Quinta on City Library Services or Deposited in City Library Fund ATTACHMENT 2 2002-05 Library MOU Accounting (to date) TOTAL LIBRARY REVENUES = $1,254,838.77 76 /6 = $953,677.47 LIBRARY EXPENSES: LSSI $284,066,41 (operations) COUNTY $ 33,758.75 (administration) LEASE 66. TOTAL $383,825.16 LIBRARY EXPENSES TOTAL "OWED" TO LQ = $569,852.31 MITIGATION PAYMENTS = $400,000.00 TOTAL TO LQ FOR 2002/03 $969,852.31 TOTAL ! TO LQ IN 02/03 (To date for 02/03) Total Received Reconciliation payment (outstanding) GRAND TOTAL $200,000.00 (Mitigation) $ 246, 246.91 (1 n Transfer) $ 246, 246.91 (2"d Transfer) $200.000.00 (Mitigation) $892,493.82 $ 77.358.49 $969,852.31 for 20 3 4 $ 275,000.00 (1 1 Transfer) HAS YIELDED $1.244, 8 5 2.30 TO DATE MOU � J � '!`iVE OFFICE 'FAX N0. 909 'i ATTACHMENT 3 0 0 4 low Gam► I April 261 2904 Mr. Thaffm GWKWese C#Y Maw •. City of Ls Q�te . . P.o. Box 1504 7t3-495 Calve Tampico► • L a Oukft CA '02M Dw Torn: am oonoer��ip the ''eodstin9 Meth. rV um of .Uf�e�stelr�din• i bebmbn the . � �"' Under � .e of this County and the My of-LAk Qum rY d the County has ihus far aver �t.2 tniofi to !� C:ir s for eposit . in...our'vity"s 51� fund. Both the Ccw * and City havi been -Wei s slued by,ihe • • e"ng a0rewnent. - • . The. eAstlng MOU es cn June 31D. ZOCSi: As we have indi�atad .p e�viousiy, the . Countywould like to GxbWW— tine MOU bey�on� tilt dsb�. if ve 'nj gate a now- .agrreetnent,. we would. Ike the CRy to • : MElta tefrn increased to a period of five yeac$ —July 1.2005.tr x agh .June 30. 20% vM an additimal five yiir option. • • ©nos tha new :City 1. afy .� op donai, dhwW lhe. •hou• v of . s flng and s s�ndafds for y'Service to a hvW IMM rota vt�Nh the irxeased use for the new • M"O the' ar ntod amount the County VA 'spend' on Ibt• u I services for. gu : the City of Le Quints -as a PaW...of the . f9vMW 1 NOWY tM . r+edenr�iNoprnerrt funds and Ste% pub1c Irma. foundation ft!m 3' c�olieced for the city and t weer any pod bn .not used an �brarl► expend .lr is to the. City ill "fund, Chiqp to b io Fshu" 1 or r. of ih i subsegWO fines �" -er�d do:.ir a procedures flscai Y'sa!'� which. more accurately OMO. year for both-" County and #*-. brary oontrelc�or. . 5 21.. �FA t�0. SKIS 1105 " � : ....... p,.. ; . Apt 2.69 2004 Mr. Thomas Genovese Page 2 i andude a -on that the County w�oesid pay interest c * funds 'not .. P� transfaTed. by the she gad date relating . to the redevelo; it eta t wwBr Pr • . ovide approtxiate langue . reernents between the County and City. . '1'hsnk foir oor ruing 000p6indan in. operating the La Q* to ..� X". it you. desre iorialomration or have any or dir+e*. . Sincaerely. : . (uq M. Christmas • County Ubraftn copy *Wboh, Fourth :supervise' Rio WT. Anh nm j 22 .. , •4r' Pbo�'��;i�a�;:G1�N:9Z'.iQl i.(9Q4').9SS-1100 � F�uc (+9� �i 9SS=1�OS Attachment 3 LIBRARY MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into as of , 2004 ("Agreement Date") by and between the City of La Quinta ("City") and the County of Riverside ("County") WHEREAS, the County has offered to enhance existing library services as an alternative to the City exercising its right to withdraw from the County Library System; and, WHEREAS, the City and County desire to enhance the delivery of library services within the City, and have reached an agreement that they wish to set forth in writing in the form of this MOU. The City and the County therefore agree as follows: SECTION 1: TERM This MOU shall take effect on July 1, 2005 and shall remain in effect through and including June 30, 2010, with an additional five-year option which may be exercised if both parties agree to exercise the option. The City and County agree that there is no commitment, guarantee, or requirement for either the City or the County to exercise the additional five-year option or otherwise extend this MOU. The City and the County may, at their option, exercise the additional five-year option by giving written notice to the other party no later than June 30, 2009. If both parties exercise the option to extend the term for an additional five years, then the term shall be extended for that period upon the same terms and conditions as set forth herein. The City or the County may forego exercising the option to extend this MOU but may request an extension of this MOU with modified terms. If the either the City or County -does not opt to exercise the additional five-year option but desires to extend the term of this MOU on modified terms, the City and County shall negotiate in good faith to extend this MOU. Unless otherwise agreed to by the City and the County, any extension to this MOU would use the then existing service levels, building size, etc. as the floor of acceptable standards for future library service. The City fully reserves its rights to withdraw from the County Library System pursuant to existing laws and regulations, effective with the expiration of this MOU or subsequent extensions. SECTION 2: HOURS/DAYS OF OPERATION -- LOCATION During the term of this MOU, the La Quinta Branch Library, located at 78-104 Calle Estado, shall be open: a minimum of six (6) days per week including 2 evenings and Sunday; and be open a minimum of 40 hours per week. Once the new library building at 78-275 Calle Tampico is complete, the La Quinta Branch Library shall move to that location. Once the move is complete and the La Quinta Branch Library is fully operational ^ r 23 at the new location, the La Quinta Branch Library shall be open the number of hours and days as designated. by the City. The number of hours and days will be set by the City with review and recommendations by the County. SECTION 3: COLLECTION The County agrees to spend a minimum of $5,000 for collection materials during each year of this MOU. Once the new library is opened, the annual expenditures for collection materials shall be increased as necessary to be consistent with other large branches, and the collection shall be increased in size and scope to make it consistent with other large branches. The City shall have the opportunity to participate in acquisition determinations and to approve the level of funding for the acquisitions. All collection materials shall be purchased specifically for the La Quinta Branch Library and housed at the La Quinta Branch Library. Collection materials purchased for the La Quinta Branch Library shall be the property of the City and be housed at the La Quinta Branch Library. Such collection materials shall not be permanently transferred or moved from the La Quinta Branch Library without the express written consent of the City. SECTION 4: LIBRARY FUNDING AND SERVICE The County will work cooperatively with City to design and develop a library service plan for the new library facility and expansion thereof. The County will work cooperatively with the City to identify funding/grant opportunities for various programs and services connected with the new library facility and expansion thereof. The County will spend on library services within the City (including lease payments for the La Quinta Branch Library facility and all other facility expenses), or transfer to the City Library fund, one hundred percent (100%) of library revenues from City or City Redevelopment Agency sources, including but not limited to revenues from redevelopment pass -through agreements, the library portion of the property tax and the library property tax increment, and the City portion of State -funded Public Library Foundation funds. The library revenues from City or City Redevelopment Agency sources, including, but not limited to, revenues from redevelopment pass -through agreements, the library portion of the property tax and the library property tax increment, and the City portion of State -funded Public Library Foundation funds shall be referred to hereinafter as the "La Quinta Revenues". An example of the La Quinta Revenues Fiscal Year 2003-2004 is attached as Exhibit A, showing La Quinta Revenues of $1,360,525.00. The guaranteed percentage per fiscal year will be as follows: Fiscal Year 2005/2006 - 100% of La Quinta Revenues Fiscal Year 2006/2007 - 100% of La Quinta Revenues Fiscal Year 2007/2008 - 100% of La Quinta Revenues 24 �J Fiscal Year 2008/2009 - 100% of La Quinta Revenues Fiscal Year 2009/2010 - 100% of La Quinta Revenues The County shall have an MLS Librarian serving full-time at the La Quinta Branch Library. Estimated annual expenditures by the County on library services (does not include facility lease or other facility expenses) shall total at least $220,000 at the library located at 78-104 Calle Estado, generally distributed as follows: Labor and benefits $170,000 Automation Services $ 17,000 Courier Services $ 51000 Shared Costs $ 18,000 Administrative Costs $ 5,000 Materials $ 5,000 County will work cooperatively with the City on library expenditures for the new library at 78-275 Calle Tampico. County will continue to allocate the library expenses which are shared by all library locations in the same manner as it has during the last MOU (i.e., divided equally by the number of library locations). County has indicated a total cost for operating the new library for Fiscal Year 2004/05 of between $450,000 and $550,000 (operational costs). County and City will work together on appropriate: A) staffing levels, B) hours of operation, and C) levels of service; all commensurate with the needs of the new 10,000 square -foot library (and any expansion thereof). Final determination on A, B, and C shall be at the sole discretion of the City based upon input of the County. Once all City library expenses are paid/deducted, one hundred percent (100%) of the remaining balance of the La Quinta Revenues will be transferred to the City Library Fund. County will present revenues and expenses to the City for review prior to transferring funds to the City Library Fund. The first transfer to the City Library Fund will be made by February 15 of each fiscal year. A second transfer will be made by June 30. A final reconciliation and payment shall be completed by February 1 of the subsequent fiscal year to allow for any year-end fiscal closing procedures of the County related to the prior fiscal year. Late payments by the County will result in the City charging the County interest, at the City pooled rate during the time of delinquency, based on the amount of the payment and the number of days the payment is late. Once deposited, the funds in the City Library Fund shall be the sole property, and shall be under the exclusive control, of the City. The City shall have the right, at its sole discretion, to withdraw and use the moneys in the City Library Fund on any and all library -related expenditures including, but not limited to: (1) reimbursement for any City - paid cost and expense for the new La Quinta Branch Library, including but not limited to perimeter landscape installation, maintenance or replacement; lighting, custodial services, utilities, maintenance, replacement, and repair expenses relating to the new La Quinta Branch Library, including replacement funds; (2) artwork or other enhancement expenditure in or around the new La Quinta Branch Library; (3) 25 059 repayment of all debt incurred by the City in connection with the construction of the new La Quinta Branch library; (4) a monthly land lease payment to the City as compensation for the use of the land upon which the new La Quinta Branch Library will be constructed and operated in the amount of $115,000 per year, as adjusted by a CPI adjustment on each July 1 st following the Agreement Date; and (5) any and all other library -related expense as deemed appropriate by the City. Within 30 days following each deposit the County makes into the City Library Fund, the City will provide the County with a report outlining the then existing balance in the City Library Fund and the expenditures made since the County's last deposit. As used herein, the term "CPI adjustment" shall mean the increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers, Los Angeles -Riverside -Orange County average, All Items, 1982-84 = 100, published by the United States Department of Labor, Bureau of Labor Statistics (the "CPI"), by comparing (a) the CPI existing on the first day of that month that is closest to and precedes the July 1 adjustment date for which the Department of Labor has published the CPI, with (ii) the CPI existing on the first day of that same month of the previous year. No adjustment shall be made in any year in which there has been a decrease in the CPI. If the CPI is no longer published at any point during the term of this MOU, a comparable index shall be selected by the parties. In the event that State library revenues decrease significantly, the City reserves the right to revisit and/or renegotiate this MOU upon the request of the County, at the sole discretion of the City. SECTION 5: REPORTS/MEETINGS County shall provide City staff quarterly reports appropriate for City Council review. The reports shall be comprehensive and include a status on important library matters such as MOU payment schedule, all related expenditures, collections, programs, service levels, and other library matters of interest. Quarterly reports shall be due on or about the following dates: September 15, December 15, March 15, and June 15 of each fiscal year of this MOU. In addition, the County Librarian or his/her designee shall attend quarterly meetings at a mutually agreed upon time with City staff at City Hall to review submitted reports before City staff forwards such reports to City Council. SECTION 6: CITY LIBRARY COMMITTEE In order to enhance City input on library matters, the City may create a City Library Committee ("Committee"). The purpose of the Committee shall be to review library operations and make recommendations on library operations including, but not limited to, collection purchases, equipment purchases, hours of operation, and other library matters deemed appropriate for review by the Committee. The meeting locations and times shall be as set by the Committee and agreed to by all parties. The County and City will consider input from this Committee to determine appropriate levels of library service. 260 26 SECTION 7: CITY WITHDRAWAL FROM COUNTY LIBRARY SYSTEM; STATUS OF LIBRARY COLLECTION, FURNISHINGS, FURNITURE, ETC. All items purchased with La Quinta Revenues shall be the sole property of the City of La Quinta. In addition, if the City decides at a future date to withdraw from the County Library System, the City shall be granted the ownership of the then existing collection, equipment, furniture, or furnishings or for any collection materials, equipment, furniture or furnishing purchased prior to or during the term of this MOU for use at the La Quinta Branch Library. In negotiations, City and County have agreed that in recognition of the City of La Quinta's contributions to the County Library System over the past years, City will be given full credit for the value of the library collection and equipment and will be granted ownership of the then existing collection and equipment without additional payment. a. To ensure seamless access to the City's library collection by Riverside County Library System patrons, if the City withdraws from the County Library System at the expiration of this MOU, City will strongly consider options to link its automated collection management system with the County's either (i) by contracting with the County for operation of the City's system, or (ii) by the City paying all costs to establish a fully interactive link between the City's automated system and the County's; and b. If the City withdraws from the County Library System at the expiration of this MOU, the City would endeavor to become a member of the Inland Library System preserving their citizens' access to holdings in other public libraries in the Inland area (and vice versa). SECTION 8: COMPLETE AGREEMENT Notwithstanding the foregoing, it is intended that this MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the La Quinta City Council and the County Board of Supervisors. The waiver of any breach, term or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. The MOU is hereby executed and/or ratified by and between the following 27 261 authorized representatives of the City and the County. COUNTY OF RIVERSIDE By Roy Wilson Chairperson, Board of Supervisors ATTEST: By _ Nancy Romero Clerk of the Board Approved as to Form WILLIAM C. KATZENSTEIN County Counsel By Deputy, County Counsel RUTAN & TUCKER M. KATHERINE JENSON By M. Katherine Jenson, City Attorney CITY OF LA QUINTA By Don Adolph Mayor ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California 26r) 28 EXHIBIT A Example of Funding Source and Formula City of La Quinta Library Revenues Fiscal Year 2003-2004 Property Tax Estimated Tax Estimated Tax after ERAF shift to State $226,959.62 Project 1 Pass through Project 2 Pass through $1 19,487.53 $793,924.00 $401,696.00 Redevelopment State Public Library Foundation Funds $1.397485 per capita x Population (32,500) Total Library Revenue Formula: Revenue $1 19,487.00 $793,924.00 $401,696.00 $ 45,418.00 $1,360,525.00 Total Library Revenue x 100% = Amount to be spent within La Quinta on City Library Services or Deposited in City Library Fund 29 �.63 AGENDA CATEGORY: BUSINESS SESSION: 3 -t- COUNCIL/RDA MEETING DATE: October 19, 2004 CONSENT CALENDAR: STUDY SESSION: ITEM TITLE: Consideration of Investment Advisory PUBLIC HEARING: Board 2004/2005 Work Plan RECOMMENDATION: Approve the Investment Advisory Board 2004/2005 Work Plan. FISCAL IMPLICATIONS: Fiscal implications consist of Board Members meeting expenses, budgeted at $4, 500, and staff support time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Investment Advisory Board's 2004/2005 Work Plan at their July 14, 2004 meeting consisted of the following: • Meeting with the City Council to discuss using a Portfolio Manager, which if acceptable, would require an Ordinance change; • Consider alternative investments based upon the increase in the size of the portfolio; • Continue to monitor developments regarding Government Sponsored Enterprises (GSE's), LAIF, Corporate Notes and Commercial Paper; and 26 • Discuss extending the maturity limit from the two year maximum on the portfolio — currently $5 million in Treasury instruments may exceed the two year limit and may be invested up to five years. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Investment Advisory Board 2004/2005 Work Plan; or 2. Do not approve the Investment Advisory Board 2004/2005 Work Plan; or 3. Provide staff with alternative direction. Respectfully submitted, On M. Falconer, Finance Director Approved for submission by: (0000'�' / /-� �WOOOOOO/�/�� Thomas P. Genovese, City Manager ��J 2 COUNCIL/RDA MEETING DATE: October 19, 2004 ITEM TITLE: Consideration of an Appeal by Wal-Mart Stores, Inc., Regarding Minor Use Permit 2004-536, to Allow 62 Metal Containers for the Temporary Storage of Holiday Merchandise from October 1, 2004 through December 31, 2004, on the South and East Sides of the Existing Super Wal-Mart Center, Located at 78- 950 Highway 1 1 1, Within the Centre at La Quinta. Appellant: Wal-Mart Stores, Inc. (Mickey Anderson) RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: There are no direct fiscal implications to the City as a result of this Minor Use Permit application. However, if the Minor Use Permit is denied, it may impact sales at the Wal-Mart Super Center Store and indirectly impact sales tax proceeds to the City. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Wal-Mart Stores, Inc. ("Appellant") has applied for a Minor Use Permit to allow the placement of 62 metal storage containers on the south and east sides of Wal-Mart to store holiday merchandise from October 1, 2 04 through December 31, 2004 (Attachment 1). Due to the standard application processing requirements, including the solicitation of comments from other City departments, such as the Fire r date would be changed accordingly, if the Council Department, the effective start g g y, approves the request. The containers would be removed by January 7, 2005. Each metal storage container measures 10 feet wide, 40 feet long, and eight feet high. S:\CityMgr\STAFF REPORTS ONLY\1 0- 1 9-04\B 7 WaNart Appeal.doc A block wall along the southern boundary of the site is approximately eight feet in height on the Wal-Mart side. With the storage containers at eight feet in height, there would be minimal visual impacts from Avenue 48 and the residential development. The Riverside County Fire Department has requested the applicant maintain a 20-foot minimum drive aisle for emergency/fire access at all times and that any storage containers that block an access must be relocated within 24 hours of a written notice from the Fire Marshal. At its October 12, 2004 meeting, the Planning Commission voted 2-2-1 (one Commissioner absent), to approve the Minor Use Permit (Attachment 2). Because of the 2-2 tie vote, the motion failed. In the normal course, the item would be continued to the next Planning Commission meeting (October 26th). It is anticipated the fifth Planning Commissioner will have returned from his vacation, and that the matter could be reexamined at that time. However, due to Wal-Mart's stated need to begin its stocking of holiday merchandize, the Appellant filed an appeal of the matter on October 14, 2004. In summary, the appellant's concern is that it will not be able to meet the holiday merchandising needs of the community as it will not be able to store the additional merchandise. As a condition of approval of Site Development Permit for the Wal-Mart Super Center, (No.2002-728), the following requirement was added regarding outdoor storage: "88. No outdoor storage or outdoor storage containers will be permitted on the vacant area of Phase II for Building "B". However, storage and storage containers can be permitted along the reach of Building "B" provided a Minor Use Permit is granted by the Planning Commission using the business item review process." Pursuant to La Quinta Municipal Code Section 9.210.020(F)(4), in order to approve a minor use permit, the decision -making authority must find that the approval of the application "will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity." FINDINGS AND ALTERNATIVES: The Alternatives available to the Council include: 1. Grant Appellant's appeal and approve Minor Use Permit 2004-536. 2. Grant Appellant's appeal and approve Minor Use Permit 2004-536, with any conditions the Council deems appropriate to mitigate the impacts of the storage containers. S:\CityMgr\STAFF REPORTS ONLY\1 0-1 9-04\B 7 WaNart Appeal.doc 02 3. Grant Appellant's appeal, approve Minor Use Permit 2004-536, and provide the Applicant guidance as to what may be required in future years as the areas to the south and east of the site is developed. 4. Require that the Applicant complete the Minor/ Use Permit process before the Planning Commission on October 26, 2004. 5. Deny the Applicant's appeal. 6. Provide staff with alternative directions. Respectfully submitted, L� Oscar Ord, Interim Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Letter from the Appellant 2. Draft Planning Commission Minutes of October 12, 2004 2.63 S:\CityMgr\STAFF REPORTS ONLY\ 10- 1 9-04\B 7 WalMart Appeal.doc ATTAC"MirwriT R1 WAL*MART Mr. Thomas P. Genovese- City Manager City of La Quinta 78-495 Calle Tampico La Quinta, Ca 92253-1504 Mickey Anderson Store Manager 79-295 Highway 111 La Quinta, Ca 92253 760-564-3313 October 14th, 2004 1 am requesting to file an appeal of the Planning Commission's decision during the October 12th Planning Commision meeting to not allow temporary storage containers on the Wal-Mart property at 79-295 Highway 111. This appeal is being filed with consideration of the following points: - The decision may not be legal: Outside storage containers are allowed on this site per SDP 2002-728 #88, and a minor use permit must be obtained prior to such container storage. The planning commission accepted this condition prior to approval of the project, and now is denying the right to exercise this condition. Outside council is currently investigating this matter. - The city has made numerous errors costing precious time: The original application was filed in August as a conditional use permit under City employee direction. The application was to provide trailer storage October 1st to December 31 st 2004. It was later found that the application should have been filed as a minor use permit causing delay for Planning Commision review to October 12th, 11 days after the original date of request. - As a result of the October 12th decision and the delay in the application process, I now have a concern for employee and public safety. The merchandise is now here, and without the additional square footage for storage I am running out of safe options for merchandise storage. - The sales tax revenue that Wal-Mart collects for the City of La Quinta will be reduced by not allowing on -site storage. Estimated losses to sales tax revenue are $4,000 in layaway sales and $20,000 is net sales. Total loss to sales tax revenue could be in excess of $24,000. - The past three years, I have acted in good faith and filled the necessary permits. All three years, the planning commission has approved the request. I would have never expected not to receive the same approval this year. 04 ATTACHMENT2 Planning Commission Minutes October 12, 2004 VI. BUSINESS ITEMS: A. Minor Use Permit 2004-536; a request of Wal-Mart Super Center for consideration of a request to allow 62 metal containers for the temporary storage of holiday merchandise from October 1, 204 through December 31, 2004 on the south and east sides of the existing Super Center Store. 1. Chairman Kirk asked for the staff report. Associate Planner Martin Magaina presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked the process for approving a Minor Use Permit. Interim Community Development Director Oscar Orci stated the Minor Use Permit process is administrative. The previous requests were subject to a Conditional Use Permit requirements. However, under the Site Development Permit approval for Wal-Mart Super Center, the Commission added a condition that required the seasonal storage bins come back to the Commission as a Minor Use Permit under Business Items. 3. Commissioner Quill stated that the 2003 minutes should reflect the discussion regarding the number of bins on this site. 4. Commissioner Daniels stated that what staff has provided as Attachment 2 are the conditions for this new site. Accordingly he believes the containers are allowed in the area proposed, subject to a Minor Use Permit being approved by the Commission. 5. City Attorney Kathy Jenson stated one of the findings must be that the application will not create conditions that are materially detrimental to the public health, safety, and general welfare and is compatible with other properties and land uses in the general vicinity. 6. There be no further questions of staff Chairman Kirk asked if the applicant would like to address the Commission. Mr. Mickey Anderson, representing Wal-Mart, gave a history of the prior approvals. Mr. Anderson noted Target currently has the containers in place. G:\WPDOCS\PC Minutes\1 0-1 2-04.doc ti 70 0 5 Planning Commission Minutes October 12, 2004 7. Commissioner Ladner stated she does not understand what the issue is and she does understand the need. 8. Commissioner Quill stated that last year he remembers asking if they would need the additional bins and believes they stated no. He does not like it and it is not a temporary situation. It is permanent and exists for three months out of every year for the life of the Super Wal-Mart. In addition, he does not believe the areas where it will exist have been prepared well enough to remove the unsightliness of the containers in a permanent way. If they are to remain for three months of every year for the rest of the life of Wal-Mart, then they should be set up in such a way that they are screened from any public view and the future view from the people developing behind, to the right, to the left and any other direction. He cannot in good conscience in any way support this. 9. Commissioner Ladner stated she does not know what will be developed behind the Wal-Mart, but this request will come back to the Commission each year and they may at some time have to make the determination that it is too much an impact on the adjoining neighbors. 10. Commissioner Quill asked what the process will be in the future since it is being reviewed as a Minor Use Permit. Staff stated the Commission has the discretion to determine whether or not the activity is a detriment to the surrounding communities. Mitigation measures can be established to mitigate the concerns. 11. Commissioner Ladner asked the size of the containers. Mr. Anderson stated the retaining wall is 20 feet and the containers are ten feet. Staff noted the wall is eight feet on the Wal-Mart side and approximately ten feet on the other side. 12. Commissioner Daniels stated it seems this was an anticipated use and is the place the condition refers to. In his opinion they are in compliance with the conditions. He would like to request that when this request is submitted next year, he would like to see pictures of this year's event to see if screening would help to hide the containers. Staff noted they would take pictures of the containers and see if additional screening would make a difference. G:\WPDOCS\PC Minutes\ 10- 1 2-04.doc 2 7 I_� 06 Planning Commission Minutes October 12, 2004 13. Chairman Kirk stated he too believes the discussion last year was different. He thanked Mr. Anderson for being responsible to apply for the proper permits. He does, however, believe the building should have been constructed to accommodate the holiday merchandise. He believes this can work without the containers. Other retail businesses will have to comply as well. This has been an issue the Commission has never liked and has allowed it under duress. He just does not believe it is an appropriate way to store merchandize. 14. Commissioner Quill stated that if they knew 62 containers would be needed, then why was the building not built to address this need. Mr. Anderson stated that for the Christmas rush they will need to hold on site $12, million worth of merchandise and they do not have the space. 15. Chairman Kirk asked if every retail business should be granted this use. Mr. Anderson stated he does not believe every retail business will need it. Mr. Anderson noted Target already has 11 containers on site. Staff noted Code Compliance was following up on this violation. 16. Chairman Kirk asked if there was any other public comment, the public participation portion was closed and opened to Commission discussion. 17. Commissioner Quill stated it is three months out of every year and the areas to place them are not prepared to hide them. They should be screened from any view of anyone on all sides. He cannot support this request in any way. 18. Chairman Kirk asked what the outcome would be if it were a two to two vote. City Attorney Kathy Jenson noted it would be a failed vote and a member is absent, it would be brought back at the next meeting hoping all members would be present. She would recommend they continue the issue. 19. Commissioner Quill asked if this would go to the Council if they denied it. City Attorney Kathy Jenson stated it would only go to Council if it was appealed within a15 day period. It would come back to the Commission before it would be placed on the Council agenda. It is unlikely it will be on the Council agenda even if an appeal was filed tomorrow before the first meeting in November 0'7 G:\WPDOCS\PC Minutes\ 10- 1 2-04.doc 272 Planning Commission Minutes October 12, 2004 and more likely it would be the second meeting in November. Mr. Anderson stated it is a nature of the beast. It might be an error of the company for not planning on these store containers, but he would like to make a plea for the Commission to understand. He filed the application for a Conditional Use Permit in August and the Minor Use Permit the first of October. 20. It was moved and seconded by Commissioner Ladner/Daniels to adopt Minute Motion 2004-015, approving Minor Use Permit 2004-536, as recommended. The motion failed with Commissioners Ladner and Daniels voting yes and Commissioners Kirk and Quill voting no. 21. Commissioner Daniels asked that Commissioner Krieger be given a copy of the tape and be prepared to make a decision. 22. Staff asked if it would make any difference if staff worked with applicant to develop additional screening for the containers. Chairman Kirk stated probably not with his or Commissioner Quill's vote. 23. Commissioner Quill stated that if this is to be a problem with all the retail store stores, he would request the application come before the Commission earlier in the year to give the applicant's time to address the decision of the Commission. It is unfair to the applicant to be before the Commission at this late a date with anticipation that he would have an approval. B. Sin Permit 2004- 6, Amendment #1; a request of Thomas Enterprises/Signarama f\ion ration of an Amendment to an exist sign program for The La Quinta project, located at the northeast corner of Highnd Adams Street, within The Pavilions at La Quinta. 1. Chairman Kirk asked for the s ff report. Principal Planner Stan Sawa presented the information ontained in the staff report, a copy of which is on file in th Community Development Department. " 2. There be no further questions of staff, Chai%the k asked if the applicant would like to address the Commisr. Bob Dawd, representing the applicant, gave a history oject. G:\WPDOCS\PC Minutes\10-12-04.doc 08 ��3 BUSINESS SESSION ITEM: 5 ORDINANCE NO. 409 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF -LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC DEVELOPMENT AGREEMENT 2003-006, AMENDMENT NO. 1 WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and WHEREAS, on or about December 18, 2003, the City Council of the City of La Quinta ("City" or "City Council," as applicable) entered into Development Agreement No. 2003-006 with CP Development La Quinta, LLC (the "Developer") pursuant to California Government Code Section 65864 et seq. and Section 9.25.030 of the City's Municipal Code (the "Development Agreement"); and WHEREAS, City staff and the Developer have negotiated an Amendment to the Development Agreement (the "Development Agreement Amendment"); and WHEREAS, the Planning Commission of the City did on the 281h day of September, 2004, hold a duly noticed Public Hearing to consider the Development Agreement Amendment and the recommendation of the Planning Commission has been received by the City Council; and, WHEREAS, the City Council of the City of La Quinta, California ("City Council"), did on the 5th day of October, 2004, hold a duly noticed public hearing to consider the Development Agreement Amendment; and, WHEREAS, at said City Council Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approving the Development Agreement Amendment: 1. The proposed Development Agreement Amendment is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan and Specific Plan 2001-005. `'7 4 Ordinance No. 409 Amendment to Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: October 5, 2004 Page 2 2. The property is within the Tourist Commercial, Medium Density Residential, and Park Districts of the 1992 General Plan Update which permits the proposed use and the proposed use is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2). 3. The land uses authorized and regulations prescribed for the Development Agreement Amendment are compatible with the zoning and its related regulations now applicable to the property. The site is zoned Tourist Commercial, Medium Density Residential and Park which permits the proposed uses provided conditions are met. 4. The proposed Development Agreement Amendment conforms with public convenience and the general welfare by providing for extensive public improvements and conforms to good land use practice by requiring the development of a commercial development. 5. Approval of this Development Agreement Amendment will not be detrimental to the health, safety, and general welfare since adequate provision has been made in previous City approvals to provide for necessary and desirable improvements and since these approvals are incorporated herein. 6. Approval of this Development Agreement Amendment will not adversely affect the orderly development of the subject or surrounding property nor the preservation of area -wide property values, but rather will enhance them by encouraging planned, phased growth. 7. Consideration of the Development Agreement Amendment has been accomplished pursuant to California Government Code Section 65864 et seq. and the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. WHEREAS, all actions required to be taken by the City precedent to the adoption of this Ordinance have been regularly and duly taken. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. APPROVAL. The City Council hereby approves and adopts the Development Agreement Amendment in the form presented to the City Council concurrent with the approval and adoption of this Ordinance, and authorizes and directs the Mayor to sign the Development Agreement Amendment on behalf of the City, and the City Clerk to record the Development Agreement Amendment in the Official Records of Riverside County in accordance with applicable law. 27J Ordinance No. 409 Amendment to Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: October 5, 2004 Page 3 SECTION 2 ENVIRONMENTAL. Environmental Assessment 2001-436 and subsequent addendum were certified by the City Council on February 5, 2002, under Resolution 2002-07 and Resolution 2003-034 on June 3, 2003. The Development Agreement Amendment does not involve changes to the project itself. There have been no changes in circumstances or new information regarding the project or its setting that would require the preparation of a subsequent environmental review. Therefore, pursuant to Section 15162 of the Guidelines for Implementation of the California Environmental Quality Act, no further environmental review is necessary in connection with the review of the Development Agreement Amendment. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of October, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Ordinance No. 409 Amendment to Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: October 5, 2004 Page 4 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Ordinance No. 409 Amendment to Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: October 5, 2004 Page 5 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) § CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.409 that was introduced at a regular meeting on the 5th day of October, 2004, and was adopted at a regular meeting held on the 19th day of October, 2004, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on October 29, 2004, pursuant to City Council Resolution. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California �78 REPORTIINFORMATIONAL ITEM: /(a CULTURAL ARTS COMMISSION MINUTES July 8, 2004 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Loudon presided over the meeting. Commissioner Gassman led the Pledge of Allegiance.. MEMBERS PRESENT: Commissioner Else Loudon Commissioner Sheldon Brodsky Commissioner Andrea Gassman Commissioner Elaine Reynolds Commissioner Charlene Lane STAFF PRESENT: Dodie Horvitz, Community Services Director Therese Vella-Finorio, Community Services Secretary II. PUBLIC COMMENT- NONE III. PUBLIC HEARING - NONE IV. CONSENT CALENDAR A. Approval. of Minutes of June 10, 2004 B. Department Report for May 2004 C. Financial Report for June 2004 It was moved by Commissioners Gassman/Brodsky to approve the consent calendar. Unanimous. Commissioner Loudon stated that the issue of the amphitheater on the prior Commission agendas did not impact staff's work load as stated in the minutes of June 10, 2004 because it was her understanding that staff is hired to do the work assigned. Community Services Director Horvitz pointed that that each item on the agenda requires staff time, as the reports must be written and processed for the agenda. Commissioner Loudon stated that the Commission did not direct staff to do any work outside of the Commission's role. She also stated that she did not mean to be critical of staff when she � Cultural Arts Commission Meeting July 8, 2004 Minutes Page 2. directed staff to quote her in the minutes of June 10, 2004 but wanted to be sure that the City Council understood the Commission understands their role. Community Services Director Horvitz pointed out that it was her opinion that the City Council was not upset at the Commission but merely asked the Commission to be patient with their request for amphitheater improvements. Community Services Director Horvitz invited the Commission to listen to the tape of the City Council meeting to hear the inflection of the City Council's voice and the actual words used so that they may form their own opinion of the Council's comments. V. PUBLIC HEARING - None VI. BUSINESS ITEMS A. Election of Chairperson It was moved by Commissioner Brodsky/Gassman to re-elect Commissioner Loudon as Chairperson. Unanimous. B. Election of Vice Chairperson It was moved by Commissioner Gassman/Reynolds to re-elect Commissioner Brodsky as Vice Chairperson. Unanimous. C. Old Town La Quinta Art Show Commissioner Loudon explained the relationship between the City Council and Commission, that the Commission is an advisory body to the Council. Commissioner Loudon then stated that in the past, the Commission was responsible for planning and offering events but this has changed and now the Commission gives direction to staff and staff does the work. Commissioner Loudon stated that it was important for Commissioner Lane to understand this point, as it will come up again in the future, as, to what role the Commission plays in special events. Commissioner Loudon also stated that she wants to do more than one concert during fiscal year 2004-05. Commissioner Loudon stated that the La Quinta Arts Foundation will be hosting art under the umbrellas at Old Town in September. Commissioner Reynolds stated that she does not want to compete with the La Quinta Arts Foundation in offering events. SACommunity Services\CAC\CAC Min'04\CACMIN.7.8.04.doc Cultural Arts Commission Meeting Minutes July 8, 2004 Page 3. Commissioner Brodsky stated he is concerned that this event does not benefit the artists but instead benefits the developer of Old Town. He stated that this is not a black or white issue. Commissioner Loudon stated that this event should be a good will event for all artists. She requested Tom McGraw attend this meeting but has not heard from him. Commissioner Lane asked how the Commission selected a group to support. Commissioner Loudon stated that the City would not be involved financially in the Old Town event. She stated that the only involvement would be attending the event to support the artists. Commissioner Gassman asked if Wells Marvin is making money from this event. Community Services Director Horvitz stated that she understood Mr. McGraw's request of the Commission was to attend the event to show support for the event and not host the event. Commissioner Gassman asked how often the Commission should attend, as this could be a large time commitment. Commissioner Loudon stated that she did not believe the Commissioners were expected to attend every event. Commissioner Brodsky felt that Mr. McGraw wanted the Commission to endorse this event. The Commission asked that this item be tabled until the next meeting. Commissioner Reynolds stated that when the La Quinta Resort offered the Umbrella shows, the artists were charged a fee. Commissioner Gassman asked for more information from the La Quinta Arts Foundation, and asked if a representative from the Foundation could attend the next meeting. Commissioner Loudon stated that she did not feel it was appropriate to have a representative from the Foundation at the next meeting. Commissioner Lane stated that it would be helpful to have a representative from the Foundation explain the program. SACommunity Services\CAC\CAC Min'04\CACMIN.7.8.04.doc U 0 3 4. 1 Cultural Arts Commission Meeting July 8, 2004 Minutes Page 4. D. Path of the Bighorn Sculptures Commissioner Brodsky stated that he finds it very sad and indicative of the time we live in when sculptures have to be placed inside areas instead of outdoors. He is very much against changing the locations and if the artist want to rescind the offer of the loan, so be it. Commissioner Gassman stated that she wants more sculpture in North La Quinta. Commissioner Reynolds stated that she would like to see these sculptures where the public has access. Staff gave an overview of the program: The Bighorn Sheep sculptures have been painted and will be auctioned in November to raise funds for the Bighorn Sheep Institute. The Institute has placed sheep sculptures in various locations and one has been stolen. Now, the Institute has requested that any sculptures be placed in secure locations. Commissioner Brodsky stated that he did not want to see the sculptures moved from the previous approved locations. It was moved by Commissioners Brodsky/Lane that the locations should not be moved. Unanimous. E. Point Happy Art Piece Commissioner Brodsky felt that this issue was putting the cart before the horse. Commissioner Reynolds stated that this developer already has one art piece and the Commission should not an additional piece. Commissioner Loudon stated that the location is a vital location and is very large, and two pieces should be displayed. She stated that money is available for this art piece. Commissioner Reynolds stated it is only visible if you go into the development. Commissioner Gassman is reluctant to spend money for two pieces in one location. Commissioner Brodsky has mixed emotions about this issue and finds it a tough call. He agrees that the City should not subsidize two pieces. He agrees with Commissioner Gassman and Reynolds. S:\Community Services\CAC\CAC Min'04\CACMIN.7.8.04.doc Cultural Arts Commission Meeting July 8, 2004 Minutes Page 5. Commissioner Reynolds stated that the art piece would not be visible to the general public. The Art in Public Places funds should be used for art pieces in more visible locations. Commissioner Lane agrees with Commissioners Reynolds and Gassman. It was moved by Commissioner Lane/Gassman to recommend to City Council not to subsidize the second art piece at this location. Unanimous. F. Public Art Brochure Staff gave an overview of the focus of the City's 2005 Calendar, in which the public art pieces will be highlighted. The Economic Development department of the City will be producing this piece and the Cultural Arts Commission is being asked to provide information regarding the selected art pieces. Commissioners Gassman and Lane volunteered to work on the project. Commissioner Gassman suggested that the next calendar not have squiggly lines on it, as it was hard to read. Staff stated that the City has received many comments regarding the calendar and these will be taken into consideration for the next calendar. It was moved by Commissioners Brodsky/Reynolds to have Commissioners Gassman and Lane provide information for the selected art pieces for the calendar. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Annual Work Plan Staff gave an overview of the City Council's action regarding the Cultural Arts Commission's request to host a concert as part of their work plan. The City Council approved a concert to be offered. Staff also explained to the Commission that the La Quinta Arts Foundation had requested $125,000 for their 2005 event, the City had budgeted .$75,000, the City Council allocated $25,000 from the Community Events line item to be used for the La Quinta Arts Foundation's Festival, leaving a balance of $15,000 for a concert.. Commissioner Loudon stated that a professional band could be hired and the school groups could perform for free. Commissioner Loudon also stated that concerts should be offered on a regular basis because people get used to a pattern of events. She stated that a portable stage is not necessary, and the events should start small. S:\Community Services\CAC\CAC Min '04\CACMIN.7.8.04.doc V �83 Cultural Arts Commission Meeting July 8, 2004 Minutes Page 6. Commissioners Gassman and Brodsky agreed with Commissioner Loudon. Commissioner Reynolds produced a letter written in 1999 to Community Services Director Horvitz from the Berlinger's stating that they would play at the Culture in the Courtyard event for $1 50. Commission Loudon asked that the Commissioners be given a copy of the letter. The Commission discussed having more than one concert each year. Vill. COMMISSIONER ITEMS Commissioner Loudon stated the Coachella Valley Arts Alliance is sponsoring a Rose Parade float in which the Desert Sands Steel Drum band would be featured. She asked the Commissioners for suggestions as to possible sponsors for the float. Commissioner Loudon also reminded the Commission of the beautiful plaque she received from the City on behalf of her work on the Cultural Arts Commission. Commissioner Reynolds asked that the Commission consider possible concert ideas for the annual Tree Lighting Ceremony. Commissioner Loudon asked that the Commission begin planning the Artist Partnership Day event. Staff stated that this could be placed on the September agenda. Commissioner Loudon stated that the planning for this event could not wait until September and wanted the Commission to begin planning the event at this time. Commissioner Loudon stated that she would coordinate this event as she has done in the past. Staff stated that the components of the program needed to be refined and that staff could meet with Commissioner Loudon to discuss the details of the program as soon as the next day. Commissioner Brodsky stated that if staff tried to "control" the program, he would not support the Commission being involved with the program. Commissioner Loudon stated that there could not be two "chiefs' involved, as if staff was involved, she would not be involved. Commissioner Loudon stated that she could not support a program if staff "interfered" with her planning of the program. Community Services Director Horvitz stated that she would meet with Commissioner Loudon to discuss the components of the program. Commissioners Reynolds, Gassman and Lane agreed that the meeting should take place and components discussed. Then the Commission could SACommunity Services\CAC\CAC Min'04\CACMIN.7.8.04.doc 6 0 6 284 Cultural Arts Commission Meeting July 8, 2004 Minutes Page 7. determine whether they wanted to participate in the Artist Partnership Day after the meeting. Commissioner Loudon suggested that Commissioner Brodsky should attend the meeting as well. Commissioner Brodsky stated that he was unavailable to meet but trusted Commissioner Loudon would make the proper decision and he would participate in any way Commissioner Loudon recommended. XI. ADJOURNMENT It was moved by Commissioners Reynolds/Gassman to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 9:05 PM. Submitted by: 21c Z4K." Therese Vella-Finorio, Community Services Secretary SACommunity Services\CAC\CAC Min'04\CACMIN.7.8.04.doc CULTURAL ARTS COMMISSION MINUTES September 9, 2004 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Loudon presided over the meeting. Commissioner Lane led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Else Loudon Commissioner Sheldon Brodsky Commissioner Andrea Gassman Commissioner Elaine Reynolds Commissioner Charlene Lane STAFF PRESENT: Dodie Horvitz, Community Services Director Therese Vella-Finorio, Community Services Secretary II. PUBLIC COMMENT- Director Horvitz introduced Kathleen Hughes, Events Manager for the La Quinta Arts Foundation. III. CONFIRMATION OF AGENDA - None IV. CONSENT CALENDAR A. Approval of Minutes of July 8, 2004 B. Department Report for June 2004 C. Financial Report for June, July, and August 2004 It was moved by Commissioners Lane/Gassman to approve the consent calendar. Unanimous. V. PUBLIC HEARING - None VI. BUSINESS ITEMS A. Old Town Mural Project - Director Horvitz introduced artist Tom McGraw who made a presentation regarding the Old Town Mural Project. He showed his design for two murals, one on the Carmel Building south side and the 8 Cultural Arts Commission Meeting Minutes Page 2. other on the La Quinta Building south walkway. Wells Marvin chose three to four . artists, one of whom was Tom McGraw to create additional art pieces which will be displayed on each of the four new units. Commissioner Brodsky thanked Mr. McGraw for his beautiful and thorough presentation. Director Horvitz explained funds are paid from developers for art projects within the City, but it is the City's decision if they want to own the art piece at the site. If the City owns the art piece, they becomes responsible for the maintenance of the art work. Commissioner Reynolds commented that Mr. McGraw has a beautiful display of tile work at his studio in Old Town. It was moved by Commissioners Brodsky/Gassman to recommend this project for City Council consideration. Unanimous. B. Old Town Art Program - Tom McGraw stated his intention has been for the Commissioners to be involved with this project by attending and supporting the artists at Old Town La Quinta. Kathleen Hughes, Events Manager of the La Quinta Art Foundation, spoke about the upcoming Art Under the Umbrella's events (two in October, one in November and one in December). The Foundation is hoping to have the Commissioners attend the opening in October. There are 32 artists signed up for the December event. It is a great opportunity to bring in all local artists and will feature sculpture, fine jewelry and artwork. Ms. Hughes will distribute brochures and Wells Martin will be doing radio ads to promote both the Street Fair and Art Under the Umbrellas. Ms. Hughes did not believe the Art Under the Umbrellas was competition for the Street Fair, and thought there is room for both events. The Street Faire has been attracting young families with children. Commissioner Brodsky stated he had mixed emotions about the Street Fair because although he wants to promote artists he also has been a retailer and some vendors are competing with the local retailers who may be unhappy with the competition. Tom McGraw said this is something that the landlord needs to work -out with the tenants. For clarification, Director Horvitz stated the Street Fair is an endeavor which is not organized by the La Quinta Arts Foundation or the City Of La Quinta. She also stated we shouldn't forget the entire community's needs. Ms. Hughes stated the artists who have signed up for the Arts Under the Umbrellas will be contributing 20% of their sales to the La Quinta Arts Foundation. Commissioner Louden asked for a recommendation to support the Arts Under the Umbrellas. Motion made by Commissioner Lane/Reynolds. Unanimous. The Commissioners thanked Tom McGraw and Kathleen Hughes for their presentations. C. Path of the Bighorn Event - Director Horvitz stated on March 2, 2004 the City Council approved the Commission's recommendation to display two 08.79 Cultural Arts Commission Meeting Minutes Page 3. bighorn sculptures. Because the artist wanted them in a more secure location, in June, the Commission considered new locations but did not recommend changing the location. However, the City Council approved the location changes. Presently, the City Hall Campus has one of the bighorn sheep on display and the Senior Center has the other one. At 5:30 p.m. prior to the October 14th Cultural Arts Commission Meeting, we will have an unveiling of the sculptures in the courtyard of the Civic Center. Auction of the sculptures will not take place at this unveiling. Commissioner Lane asked to be excused from the meeting since she will be traveling out of the country. Motion made Gassman/Louden to host the Path of the Bighorn unveiling. Unanimous. D. Artist Partnership Day - Director Horvitz asked the Commission to give recommendations on artists they would like to have represented. Commissioner Reynolds said she could provide staff with the names of several artists. She said she would be happy to invite them to the next Commission meeting on October 14th. Some of the names suggested were Ed Hill, Kathy Dunham and Leslie McMillan. Director Horvitz gave background information on how this program works. The artists chosen will do their presentations at La Quinta Middle School and La Quinta High School on October 27' and October 28th Commissioner Gassman said she will be unable to assist in the Artist Partnership Day as it is held during the day. Open .discussion regarding types of artists could include photographers, poets, storytellers, musicians, museum curators and biographers. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Annual Joint Meeting with the City Council - Director Horvitz stated the annual Joint Meeting with the City Council will be held on Tuesday, September 28t' at 7:15 p.m. in the Study Session Room. Commissioner Louden asked the commissioners to prepare their ideas and suggestions to present to the City Council. B. Letter from Ellie Berliner - Commissioner Reynolds stated this may be very favorable to bring culture to the community. Commissioner Louden wondered if anyone had heard them perform. Commissioner Gassman recommended the Cultural Arts Commission ask staff to invite Ellie Berliner to an upcoming meeting. C. Upcoming Events - Commissioner Louden asked the commissioners for their suggestions. Open discussion on ideas and suggestions made to include a series of cultural events to be held monthly on Sunday afternoons possibly using the Senior Center, local parks, high school and other locales. These events could be scheduled for the remainder of the 2004 - 2005 fiscal year. It was moved Commissioners Lane/Reynolds to recommend to the City Council a schedule of monthly cultural events for the balance of 088 10 Cultural Arts Commission Meeting Minutes Page 4. fiscal year 2004 -2005 to be held on Sunday afternoons using the current budget. Unanimous Vill. COMMISSIONER ITEMS A Attendance at Community Functions - Commissioner Gassman attended the La Quinta Library groundbreaking on August 181h. She also attended the Art Fair in August. She stated she is looking forward to the Arts Under the Umbrellas. Open discussion held on the Street Fair and the previous Main Street events. Director Horvitz explained that the Main Street event was sponsored by the Chamber of Commerce -and was held before the building and development of Old Town. Commissioner Lane asked if there could be a Menorah lighting to coincide with the Annual Tree Lighting event in December. Director Horvitz stated that would be a question for the City Attorney. She will contact the City Attorney and respond back to the Commission with the findings. Commissioner Reynolds will be one of the artists exhibiting at the Arts Under the Umbrellas events. Commissioner Louden announced the CVAA has approved having a float in the 2005 Rose Parade. They are working on raising $250,000 The Coachella Valley has only been represented one other time at the Rose Parade. All of the Mayors of the Coachella Valley are in support of this event. XI. ADJOURNMENT It was moved by Commissioners Brodsyk/Lane to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:30 PM. Submitted by: Therese Vella-Finorio, Community Services Secretary 4.83 11 IV. REPORT/INFORMATIONAL ITEM: J7 COMMUNITY SERVICES COMMISSION MINUTES July 12, 2004 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Commissioner St. Johns presided over the meeting. Commissioner Leidner led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Victoria St. Johns Commissioner Ed Hackney Commissioner Bob Leidner Commissioner Tom Vaughn (excused) MEMBERS ABSENT: Commissioner Mike Cross STAFF PRESENT: Dodie Horvitz, Community Services Director Therese Vella-Finorio, Secretary OTHERS PRESENT: Susan Leidner PUBLIC COMMENT - NONE CONFIRMATION OF AGENDA Addendum of to Agenda to include Election of Chairperson and Vice Chairperson CONSENT CALENDAR A. Approval of June 14, 2004 Minutes B.. Monthly Department Report for May 2004 It was moved by Commissioners Leidner/Hackney to approve Consent Community Services Commission Minutes Page 2 Calendar. Unanimous. V. . PUBLIC HEARING -NONE VI. BUSINESS ITEMS Commissioner St. Johns asked why Commissioner Calhoun had resigned as a Commissioner. Director Horvitz stated Commissioner Calhoun had been with the Commission for over three years and had decided to move on to give others an opportunity to serve. A. Election of Chairperson It was moved by Commissioners Hackney/Leidner to re-elect Commissioner St. Johns as Chairperson. Unanimous. B. Election of Vice Chairperson It was moved by Commissioners Leidner/St. John to elect Commissioner Hackney as Vice Chairperson. Unanimous. C. Youth Workshop Program Commissioner Leidner asked for background regarding the program. Director Horvitz stated that in the past we have had it two different ways we gave high school and middle school an open forum. One of the methods was that we met on an on -going basis. Commissioners went to a meeting once a month. at the high school where free food was provided for the students attending. The students run the meeting and the Commissioners listen. Commissioner St. John stated that we alternated bringing the food with the school district. The City Picnic is a direct result of the Youth Workshop. The students wanted sex education introduced into the high school as they were only receiving the information in the middle school program, and they were able to change the curriculum with the School District. They always ask for dances and more concerts in the park. She stated the students don't realize how accessible the local government is to them. Transportation has been an issue for the students so that is why we go to the high school instead of the students coming here at night. r. 91 Community Services Commission Minutes Page 3 Commissioner St. Johns stated several of the high school students work for the Community Services Department. There are between 25 to 30 students who come to the meetings each month. Monthly meetings are better than one annual meeting. . Commissioner Leidner asked what the City Council's opinion is of the Youth Workshop program. Director Horvitz said she believes the City Council supports the program 100%. The students enjoy it as they are involved in school government. We need new ideas on how to get to the students besides the ASB students. Commissioner St Johns stated that maybe we need to advertise it better. Students have asked for various types of businesses to be added to the community and are excited when they hear what new businesses coming into the City. The ASB students who attend these meetings then go back and share this information with the rest of the student body. Commissioner St. Johns stated the program normally runs from October to May. The ASB teacher and the Commissioners share the duties at the monthly meetings, the Commissioners take turns in attending these meetings. The role at these meetings is to listen to what the students have to say and act as a reference as to who they could contact in the City. Director Horvitz stated the Community Services Department is in the process of hiring a new Recreation Coordinator as Kristin Riesgo was promoted to Recreation Supervisor. We also will be adding an additional Recreation Supervisor. The new Recreation Coordinator will attend the October meeting along with Kristin Riesgo. Director Horvitz suggested forming a sub -committee of two Commissioners of the Community Services Commission to oversee the Youth Workshop Program. It was moved by Commissioners Hackney/Leidner to form a sub -committee. Unanimous. Commissioner St. Johns asked staff to arrange a meeting with Principal Matt Bugg. Once staff has some dates, Commissioners Hackney and Leidner will check their schedules to attend the meeting. D. September' Meeting Date Director Horvitz has asked for a change in the regularly scheduled meeting Community Services Commission Minutes Page 4 date as she will be out of town at that time. It was moved by Commissioners Leidner/Hackney that the next Community Services Commission will meet on Wednesday, September 8, 2004. Unanimous VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Renaming a Portion of Bear Creek Trail. The City Council approved renaming a portion of the Bear Creek Bike Trail between Calle Ensenada and Calle Tecate in memory of Fred Wolff. B. Naming of 19 Acre Park on Montezuma The City Council approved the recommendation for naming the 19 Acre Park on Montezuma the Fred Wolff Bear Creek Nature Preserve. C. La Quinta Park Interactive Water Feature The plans for the Interactive Water Feature at the La Quinta Park are in the plan check process. It is anticipated this process will take two weeks and then will be sent back to the consultant for revisions. They then anticipate having the plans ready to be sent out for bid by early August with construction to begin in October and a completion date anticipated for February 2005. Director Horvitz stated that we have run into several problems with our bids lately as they have come in higher than our budget. We are hoping that won't be the case for this project. D. La Quinta Park Skate Park The plans for the Interactive Water Feature at the La Quinta Park are in the plan check process. This is a design/build project, therefore, once the plans are approved by the Building and Safety and Public Works Departments, the project can begin construction immediately. It is anticipated construction will begin in August and be completed by October. Director Horvitz stated we had $219,000 budgeted for this Skate Park, and although materials have increased 30% since the project was bid, because this is a design/build project, the contractor is set to build it for the initial price. Although the light poles have increased 30%, the contractor will also t u.4 �93 Community Services Commission Minutes e 5 will build this project for the initial price bid. On our part, we are trying to keep a positive relationship with the contractor. Director Horvitz stated the Community Services Department will be hosting Skate Park Coalition which meets every two months. The Commissioners will be invited to'attend this meeting and as well as to the tour of the facility at the La Quinta Park on October 21 at 2:00 PM As soon as we have a date scheduled for the ground breaking ceremony, we will contact the Commissioners so they may attend as well. VIII. COMMISSIONER ITEMS A. Reports from Commissioners Regarding Meetings Attended: Commissioner Commissioner Leidner stated during the past month he was unable to attend any community functions. Commissioner Hackney went to the Mayor's luncheon where he spoke to people privately. He did get negative feedback that he wanted to bring before the Commission. The person he spoke to has young children who are into baseball and soccer. Commissioner Hackney heard many positive comments and how great it is to live here. This individual then stated he would look hard at the sports complex as the facility is being overused, inadequate and some are under maintained, and the baseball diamonds need work. Director Horvitz concurred with those statements. Commissioner St. Johns said the school district shares in the responsibility of the sports complex. Director Horvitz stated that during the day 2,500 students are on the property and after that there are 1,200 students on the fields until 10:00 PM, and we therefore have no time available for maintenance. The City spoke with the user groups telling them we would close the fields for maintenance, which almost caused .a riot and they said absolutely not. It was brought before the City Council to either close the fields to bring them up to condition or leave them as they are, and the user groups said leave them as they are. There are no safety concerns as we address them as they come up. The fields were leveled and we eradicated the gophers at a cost of 094 Community Services Commission Minutes Page 6 approximately $60,000 to $70,000. It costs the. City approximately $75,000 a year to operate the sports complex, which is covered the General Fund, as the user groups do not pay to use the facility. The user groups agreed to maintain the fields: marking of the diamonds and placing of soccer fields. Some of the user groups do a better job in maintaining it than others. However, Director Horvitz stated that a no time provide an unsafe environment for our children. Our maintenance staff work on an irregular basis, but our new Recreation Supervisor will have that job as part of their responsibilities. Commissioner St. Johns chairs the Prevent Child Abuse Coalition. March and April are Child Abuse Prevention months, and you may have seen people wearing the blue ribbons as a reminder. If anyone is interested in attending the meetings she has the flyers. Commissioner St. Johns also had information regarding the ROP program. It for 11 th and 121h grade students as well as adults. The building is located on Oasis across from the Juvenile Hall in Indio. The flower arranging classes have wonderful arrangements that you can purchase which also helps the students. Commissioner St. Johns had flyers for the Riverside County Substance Abuse Program with the schedule of meeting dates. Commissioner St. Johns also provide information regarding the CADPAAC 2004 Legislative Analysis, and more particularly AB 1796 regarding changes in current law to allow convicted drug felons to be eligible for aid under the Food Stamp Program. This bill would allow food stamp funds to go to substance abuse programs and would help to defray their costs. IX. ADJOURNMENT It -was moved by Commissioners Leidner/Hackney to adjourn the Community Services Commission meeting at 7:45 PM. Unanimous. NEXT MEETING INFORMATION Wednesday, September 8, 2004 @7:00 PM Study Session Room Submitted by: ��J Community Services Commission Minutes Page 7 ?Z� Therese Vella-Finorio, Community Services Secretary COMMUNITY SERVICES COMMISSION MINUTES September 8, 2004 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Commissioner St. Johns presided over the meeting. Commissioner Vaughn led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Victoria St. Johns Commissioner Bob Leidner Commissioner Tom Vaughn MEMBERS ABSENT: Commissioner Mike Cross (resigned) Commissioner Hackney STAFF PRESENT: Dodie Horvitz, Community Services Director Therese Vella-Finorio, Secretary OTHERS PRESENT: Kristin Riesgo Robert Ambriz, Jr. Christina Calderon II. PUBLIC COMMENT - Director Horvitz introduced Community Services staff: Kristin Riesgo, Recreation Supervisor; Robert Ambriz, Jr., Recreation Supervisor, and Christina Calderon, Recreation Coordinator. The staff said there are three upcoming events when they'll need a volunteer to play Santa: the Tree Lighting Ceremony, Breakfast with Santa, and a new event, Santa Paws Pet Portraits. Director Horvitz said former Commission Calhoun has stated he would like to be Santa again this year. Commissioner Leidner stated he would be happy to be a back-up Santa as needed. , Director Horvitz presented the new Fall Brochure and outlined the new programs and excursions. Commissioner St. Johns congratulated the Community Services staff for the wonderful job they are doing and applauded what they are accomplishing. It is very impressive. 2 9'7 8 Community Services Commission Minutes Director Horvitz stated Christina Calderon will inform her of when the next event, the Tiny Tot Halloween Carnival, will be held, and she will relay that information to the Commissioners. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of July 12, 2004 Minutes B. Monthly Department Report for June 2004 A. Commissioner St. Johns requested the following corrections to the Minutes of June 12, 2004: 1. Page six, VIII A. paragraph 5 should read: The fields were leveled and we eradicated the gophers... 2. Page seven, VIII A. paragraph 1 should read: Commissioner St. Johns is a member of the Prevent Child Abuse Coalition. 3. Page seven, VIII A, paragraph 4 should read: Commissioner St. Johns also provided information regarding CADPAAC 2004 Legislative Analysis, and more particularly AB 1796 regarding changes in current law to not exclude convicted substance abuse felons from receiving aid under the Food Stamp Program. This group is presently excluded from the Food Stamp Program, and the change would allow the food stamp funds to go to substance abuse programs to help defray their costs. Director Horvitz changes will be made, and submit them for City Council approval as a quorum was unavailable for this meeting. B. It was moved by Commissioners Leidner/Vaughn to approve Monthly Department Report. Unanimous. V. PUBLIC HEARING - NONE VI. BUSINESS ITEMS A. Youth Workshop Program Director Horvitz stated Kristin Riesgo spoke with Daniel Archuletta ASB Advisor. He will be meeting with staff Kristin Riesgo and Christina Calderon on Monday, September 13th to launch the program. The first Workshop will 9 098 Community Services Commission Minutes probably be held on Monday, September 27th at 11:45 a.m. Christina Calderon will be handling future Workshops. At the last Commission meeting held on July 12, 2004 Commissioners Leidner and Hackney volunteered to attend these workshops. Director Horvitz explained the background of these workshops for the benefit of Commissioner Vaughn who is new to the Community Services Commission. She explained that although Commissioners Leidner and Hackney will be attending the workshops, other Commissioners are also welcome to attend. B. Skate Park Groundbreaking Event Director Horvitz reported we received another set of plans this afternoon that staff will be submitting to Building and Safety tomorrow morning. The original plans did not have lighting or landscape plans included. That had delayed the project's commencing of construction. The contractor has a "design build" contract for $230,000 with the City, which includes a timeline when the project must be completed. Staff is working hard to keep the relationship healthy in order to get the Skate Park project completed. The Community Services department will be hosting a Skate Park Coalition meeting on Thursday, October 21, at 2:00 p.m. Each city who has a skate park takes turns in hosting this meeting, and it will be our turn in October. The plan is to tour the skate park at Fritz Burns Park, then go to the site at La Quinta Park. We are hoping to have the groundbreaking prior to this Coalition meeting. Once the plans are approved Director Horvitz will let the Commissioners know so we can schedule the groundbreaking ceremony. We already have received a number of give-aways for the ceremony. Commissioner Leidner/St. Johns moved to make themselves available to staff for the groundbreaking ceremony. Unanimous. Director Horvitz clarified the skate park at Fritz Burns Park is modular equipment built on what previously was two tennis courts. The skate park at La Quinta Park will be built in a concrete bowl with modular equipment. Also, we are offering a skate board class for the first time in the Fall Recreation Brochure. The response has been very good. VII. CORRESPONDENCE AND WRITTEN MATERIALS 10 Community Services Commission Minutes A. Joint Meeting with the City Council Director Horvitz announced the annual Joint Meeting with the City Council is scheduled for Tuesday, September 28, 2004 at 6:45 p.m. The purpose of this meeting is to discuss the work plan with the Commissioners, as well as time for the Commissioners to bring up anything they would like to ask. Although it is an informal half hour meeting, it follows the Brown Act mandates. One of the requests mentioned by the City Council was an evaluation of classes offered in the Recreation Brochure. If you would like to attend one of the classes, staff will provide you with the dates of the classes and evaluation forms. VIII. COMMISSIONER ITEMS A. Reports from Commissioners Regarding Meetings Attended: Commissioner Leidner attended the groundbreaking ceremony for the La Quinta Library on August 181h. He also attended the Chamber of Commerce mixer at Trump 29 Casino. It was one of the largest and most successful mixers they have held. He attended the Mayor's State of the City on September 2"d. At that event, Commissioner Leidner received comments he wanted to share with the Commissioners. He was approached by one of the Fall instructors, Deborah Schramede. Her first question was why we will not take credit card registrations and only accept cash/check, by mail or in person? Her second question was instructors who teach daytime classes at the Senior Center advertise their flyers; can evening instructors do the same? Director Horvitz responded in regards to credit card payment, it is a City policy for all departments, not just Community Services. This issue was brought up three or four years ago with the City Council. It was decided the service fee we would charge would remain the same even when we had to cancel a class or excursion. It does not provide good customer service. (We now a new software program which would enable us to make class reservations on line, but we would have to charge a convenience fee.) It would be hard for us to determine the percentage of refunds we do because it is determined by the interest people have in our classes or excursions. Commissioner Leidner asked if this could be addressed again. Director Horvitz responded he could bring this item before the City Council at the upcoming Joint Council 11 300 Community Services Commission Minutes meeting. In regards to instructors using flyers to advertise their classes, they only need to present it to staff for approval. This requirement is stated in the contract the instructors sign with the City. Commissioner Vaughn asked if registration can take place at the first class. Director Horvitz stated our part-time staff cannot collect the money, nor would they have access to bring it back to the City Hall that night. In the past when we have had a class that we expected a large turnout, one of our staff went to the class, took the registrations, and before they went home, they came back to the City and secured the money. Commissioner Leidner also was approached' by someone who wanted to know if the City was going to give people information on the West Nile Virus. Director Horvitz indicated Vector Control has attended the City Council meetings, and the City is very pro -active. They have an office in Indio and have a great educational program. Commissioner St. Johns asked if we could invite Vector Control to address the Commissioners. Commissioner Leidner stated it would be important for the community to know this information, and Commissioner St. Johns said we could ask them how to get the word out when they come to the meeting. Director Horvitz said she will contact Vector Control to set up an appointment with them. Commissioner St. Johns attended a Riverside County Drug and Alcohol meeting on August 20th. She learned Riverside County's Meth Lab seizures was second highest after San Bernardino She also attended Drug Court which has a very high success rate in rehabilitation of substance abuse individuals. She also spoke provided information on feeder schools that provide classes to students in Culinary, Health, Police, Public Services and Pre-Med. Commissioner Leidner said he was asked a question why there was another school being built near John Adams. Commissioner St. Johns stated the population has grown so much at the Cove the need for an additional school was necessary, however no date has been established for when it will open. She added there are 1,000 new students coming into the district every year. Commissioner Vaughn is new to the Community Services Commission and has not attended any meetings yet. He will be retiring as Warden at the State facility in Blythe soon, and looks forward to being active with the Commission. 301 12 Community Services Commission Minutes B. Upcoming Events Director Horvitz asked everyone to review the calendar which was provided in the packet. She also thanked the Commissioners for changing the meeting date for this month. IX. ADJOURNMENT It was moved by Commissioners Leidner/Vaughn to adjourn the Community Services Commission meeting at 7:50 PM. Unanimous. NEXT MEETING INFORMATION Monday, October 11, 2004 @7:00 PM La Quinta Civic Center - Study Session Room Submitted by: Therese Vella-Finorio, Community Services Secretary 302 13 REPORT/INFORMATIONAL ITEM: �g INVESTMENT ADVISORY BOARD Meeting July 14, 2004 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:43 p.m. by Chairman Lewis, followed by the Pledge of Allegiance. PRESENT: Chairman Lewis (5:43 p.m.), Board Members Olander and Mahfoud ABSENT: Board Members Moulin and Deniel OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Secretary II APPOINTMENT OF OFFICERS A. Appointment of Investment Advisory Board Chairperson Chairman Lewis opened nominations for Chairperson. Board Member Mahfoud nominated Chairman Tom Lewis for Chairperson. MOTION - It was moved by Board Members Mahfoud/Olander to reappoint Chairman Lewis as Chairperson. Motion carried unanimously. B. Appointment of Investment Advisory Board Vice -Chairperson Chairperson Lewis opened nominations for Vice Chairperson. Board Member Olander nominated Board Member Mahfoud. MOTION - It was moved by Board Members Olander/Chairman Lewis to appoint Board Member Mahfoud as Vice Chairperson. Motion carried unanimously. a III PUBLIC COMMENTS — None. IV CONFIRMATION OF AGENDA 303 Investment Advisory Board July 14, 2004 Minutes V. CONSENT CALENDAR A. Approval of Minutes of Meeting on June 9, 2004 for the Investment Advisory Board. MOTION - It was moved by Board Members Mahfoud/Olander to approve the Minutes of June 9, 2004 as submitted. Motion carried unanimously. VI BUSINESS SESSION A. Transmittal of Treasury Report for May 2004 Mr. Falconer informed the Board that page 2 of the Treasurer's report reflects a cash balance increase of approximately $15 million due to receipt of the second tax installment. Board Member Olander commented that page 7 of the Treasurer' s report continues to reflect an increase in balances since September 2003, and asked where Staff should invest this money. Board Member Olander suggested the matter be placed as a study session item as "reviewing other forms of investments," and also suggesting the use of Commercial Paper or Corporate Notes. Mr. Falconer stated that staff concurs with the increase in cash and informed the Board that staff recently increased GSE percentages and as these investments mature staff will invest in this area and possibly Corporate Notes. Board Member Olander stated to the Board that staff is near the maximum allowable investment for LAIF and there are not too many other investments to invest in short term. Chairman Lewis mentioned to the Board that Corporate Notes were added as an investment for this year, along with an increase in GSE's, Commercial Paper was added for diversification. Mr. Falconer stated to the Board that LAW balances have decreased, and Staff did invest in some Treasuries. Chairman Lewis stated that the May report reflects an increase of Treasuries by $10 million. Mr. Falconer advised the Board that this was due to two investments that matured, adding that one of the investments matured on Sunday, May 31 St, which technically did not settle until June 1 st. MOTION - It was moved by Board Members Mahfoud/Olander to review, 2 304 Investment Advisory Board Minutes July 14, 2004 receive and file the Treasurer's Report for May 2004. Motion carried unanimously. B. FY 2004/05 Meeting Schedule Chairman Lewis advised the Board that a request was made by Board Member Moulin via memorandum to reschedule the September 8tn meeting to September 151n. MOTION - It was moved by Board Members Mahfoud/Olander to continue to meet on a monthly schedule with the Board going dark for the month of August and amend the September 81`' meeting to September 151n, Motion carried unanimously. C. Consideration of Approval of Investment Advisory Board 2004/2005 Work Plan Chairman Lewis stated to the Board that one of the issues that was continually discussed in the previous year with the City Manager and City Attorney was the use of a professional money manager, and that if the City feels this is a direction they want to take, additional research is needed. Chairman Lewis suggested that the Board sketch out some preliminary ideas at the September meeting and then have the Board individually do some added research and look at this item in depth at the October meeting. Chairman Lewis stated that the City Attorney informed the Board that an ordinance change will need to be made and discussed and then presented to the City Council. Chairman Lewis advised the Board that due to comments . made at the time of the City Council meeting and the approval of this year's investment policy, that if the Board feels the use of a professional money manager is the direction they wish to pursue and appropriate for the City of La Quinta, there will need to be additional education .on the Board's part to present to City Council before potential approval. Previously in the meeting, Board Member Olander commented about alternate investments ideas. Chairman Lewis stated that the Board might need to review the approved investments of the City and decide if they are appropriate for the size of investment portfolio. 305 Investment Advisory Board Minutes July 14, 2004 Mr. Falconer stated to the Board that in a phone conversation with Board Member Moulin, he asked to convey his recommendations. Board Member Moulin's recommendation was to have a primary and secondary work plan goal. The suggested primary work plan goal for this year was to cover. the professional portfolio manager and as a secondary work plan cover GSE's, LAIF and Corporate Notes. Mr. Falconer summarized for the Board the items for the upcoming year work plan based upon the Boards discussion as follows: ► Portfolio Manager ► Possible ordinance change ► Meeting with the City Council to discuss the portfolio manager further ► Alternative investments based on the increasing size of portfolio ► Continue to review GSE's, LAIF, Commercial Paper and Corporate Notes ► Extending maturity limit from two years maximum Board Member Olander asked if Corporate Bonds, as opposed to the Notes or a combination could possibly be a consideration, keeping the maturities within the perimeters. Chairman Lewis advised the Board that technically the only difference between a bond and a note is the length of the maturity, and at this point and time, the Board does not allow anything that is technically a "bond." The Board and staff discussed extending the length of maturities and it was decided by the Board to review the extension of maturities. MOTION — It was moved by Board Members Maufoud/Olander to approve the 2004/2005 Work Plan. Motion carried unanimously. D. LAIF Conference Chairman Lewis advised the Board that he will not be able to attend the 2004 LAIF Conference due to a scheduling conflict.. Mr. Falconer advised the Board that Board Member Moulin, he will not be able to attend the Conference. 4 3(2)6 Investment Advisory Board Minutes July 14, 2004 The Board discussed and approved two Board Members to attend the 2004 LAIF Conference. MOTION — It was moved by Chairman Lewis/Olander to authorize two Board Members, (to be named at a later date), to attend the conference subject to Council approval. Motion carried unanimously. VII CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — June 2004 Mr. Falconer informed the Board an investment matured on June 30th and the investment was rolled over. Noted and Filed B. Pooled Money Investment Board Reports — April 2004 General comments were made by the Board regarding Bill Sherwood, Director of Investments successor. Noted and Filed C. Distribution of Investment Policies for Fiscal Year 2004/2005 Noted and Filed Vill BOARD MEMBER ITEMS IX ADJOURNMENT MOTION - It was moved by Board Members Lewis/Moulin to adjourn the meeting at 6:05 p.m. Motion carried unanimously. Sub ted y, Vianka Orrantia Secretary 5 307 REPORT/INFORMATIONAL ITEM: l9 MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA August 19, 2004 This meeting of the Historic Preservation Commission was called to order by Chairman Allan Wilbur at 3:05 p.m. who led the flag salute and asked for the roll call. I. CALL TO ORDER A. Pledge of Allegiance. B. Roll Call. Present: Commissioners Mouriquand, Sharp, and Chairman Wilbur Absent: It was moved and seconded by Commissioners Mouriquand and Sharp to excuse Commissioners Puente and Wright. Unanimously approved. Staff Present: Planning Manager Oscar Orci, Principal Planner Stan Sawa, and Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: It was moved and seconded by Commissioners Sharp and Mouriquand to approve the minutes of July 15, 2004 as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Archaeological Survev and Testing, Assessor's Parcel No. 770-040- 012 (SP 2004-071); and Paleontological Resources Assessment Report, Assessor's Parcel No. 770-040-012 (SP 2004-071) Applicant, Pacific Retirement Services Archaeological Consultant: CRM TECH (Michael Hogan, Principal and Harry Quinn, Geologist/Paleontologist) Location: Southeast corner of Washington Street and Avenue 50. PACAROLYWHist Pres Com\HPC 8-19-04.doc 3 0 8 Historic Preservation Commission August 19, 2004 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Sharp asked what a shovel test pit was. CRM TECH Principal, Michael Hogan, gave an explanation of the testing process. 3. Commissioner Sharp asked 4 the Torres -Martinez Tribe had been notified about the site, and had they replied. Mr. Hogan replied there were no human bones located to prompt tribal notification. Commissioner Sharp read a portion of Recommendation A. where it states "...The Torres -Martinez Desert Cahuilla Indians shall be contacted to determine if a tribe member is to be included as an archaeological monitor." 4. Commissioner Mouriquand replied it could be done during monitoring. She added she was concerned because the Consultants did not do a Scoping Letter to the tribe. 5. Commissioner Mouriquand made a comment about the fire - affected bead. She asked if there was a photograph of the bead. CRM TECH Paleontologist, Harry Quinn, stated there wasn't, but they could take one. Commissioner Mouriquand said she would like to see the bead. 6. Commissioner Sharp asked if it was a tortoise shell bead. Mr. Quinn replied it was not and described the bead. 7. Commissioner Mouriquand commented on several cache pits found in south La Quinta with odd accumulations of artifacts. She requested the Consultants be aware of some of the unusual items found in those areas and exercise more diligence during monitoring. 8. Commissioner Mouriquand noted the Honey Mesquite trees located close to the roadway, as they are good producers of pods which the local tribes are now collecting. The Native Americans are going back to using their traditional resources for food. She wanted to know if there was any thought to preserving the trees as part of the landscape design. Historic Preservation Commission August 19, 2004 9. Marvin Roos of Mainiero Smith was introduced. Mr. Roos replied there was a possibility of including the trees in the landscaping. He commented on the street being subject to widening and possibly inclusion of a right -turn lane, but they would look at the design and see if the trees could be incorporated. 10. Commissioner Mouriquand commented it would be a good will gesture to maintain the trees and in the first part of August, which is the pod harvesting time, the local native people could be invited to harvest the pods. There are fewer native Honey Mesquite trees and this would be an excellent opportunity to preserve a historic indigenous food source. She mentioned a possible planting site where the trees could be preserved and incorporated into the landscape design. 11. Commissioner Sharp commented the information about the Honey Mesquite trees .was very interesting and suggested it might be added to the project's marketing literature. 12. Commissioner Mouriquand added the pods are legumes, very high in protein, and highly nutritious. They lower blood sugar and help reverse the effects of diabetes when included as part of the native diet. 13. Mr. Roos commented they would have to check to see if the Honey Mesquite was on the plant palette restriction list. Staff replied they would look into it and have the information transmitted to the Architecture and Landscaping Review Committee and the Planning Commission. 14. Mr. Roos commented the "thorn" variety of Mesquite has been the problem. He did not know if the problem was because it was not people -friendly or if the problem ensued because the trees were planted in small planters in parking lots and could not get a decent root ball. Possibly planting them in a parkway would help them root better. He added, the Mesquites that have been here for generations wouldn't suffer the problem of tipping over with the wind which was one problem that caused the restricted use of Mesquites on plant palette lists. The matter would have to be researched. 3 310 Historic Preservation Commission August 19, 2004 15. Commissioner Mouriquand said she didn't know if the indigenous Honey Mesquites could be transplanted successfully,. but if they couldn't she suggested planting new trees of the same species. If they couldn't preserve the sites, possibly they could preserve part of the indigenous environment which would include the Mesquite as a staple resource plant. The Native Americans are looking to get back into their native food practices and the Honey Mesquite tree pods are a good example of one of the local food staples. 16. It was moved and seconded by Commissioners Sharp and Mouriquand to adopt Minute Motion 2004-019 approving the Archaeological Survey and Testing as submitted. Unanimously approved. 17. Principal Planner Stan Sawa presented the information contained. in the staff report regarding the Paleontological Resources Assessment Report, a copy of which is on file in the Community Development Department. 18. Commissioner Mouriquand asked Mr. Quinn if he was familiar with Lake Marshall which was located in the vicinity of this project. Mr. Quinn replied he was not. He said the only one he was familiar with was the La Quinta Back Bay located near Lake Cahuilla. Commissioner Mouriquand stated during historic times there were "wet years" in this area and showed Mr. Quinn a map of the area she was discussing. Mr. Quinn stated the project area was on the edge and according to testing, actually sat on top of a lakebed under the sand dunes. That was one of the reasons he included monitoring; in case they broke through the sand dunes and went into the lake bed. None of the outcrop material showed anything other than the scattered shells. He stated in one area they found a lot of fish bone, but they didn't know if it was natural or cultural. Commissioner Mouriquand asked how many trenches they were going to do. Mr. Quinn said they weren't going to do any trenching. They were going to do monitoring. Mr. Sawa added they are going to monitor during trenching and earth moving. 19. It was moved and seconded by Commissioners Sharp and Mouriquand to adopt Minute Motion 2004-020 approving the Paleontological Resources Assessment Report as submitted. Unanimously approved. 4 311 Historic Preservation Commission August 19, 2004 B. Historical/Archaeological Resources Survey Report, Assessor's Parcel No. 767-580-015 (TT 32742); and Paleontological Resources Assessment Report, Assessor's Parcel No. 767-580-015 (TT 32742) Applicant: Village Properties Archaeological Consultant: CRM TECH (Michael Hogan, Principal, and Harry Quinn, Geologist/Paleontologist) Location: West side of Monroe Street between Mountain View Lane and Brown Deer Park. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Wilbur said there was no literature cited, just a map, and there was no mention correlating the information with any historical literature. He suggested it might be wise to consider adding it for the integrity of the report and historical record. Mr. Hogan replied the consultants repeatedly use the same resources so they don't reference them in their reports. They added a Bibliography only. Commissioner Sharp added there was no Bibliography in this report. Mr. Hogan replied they are standard sources. 3. Commissioner Sharp commented he enjoyed reading the historic parts of the report. He was very interested in the part about the Bradshaw Trail. 4. Commissioner Mouriquand commented that the staff report indicates that no Native American Heritage Commission or the local bands have been contacted and no scoping has been done. She asked if the City had a policy regarding noticing. Staff replied that the Commission had not established such a policy. In the future, the consultants could be directed to include this information. Commissioner Mouriquand replied perhaps it was something to be taken up as an item on another agenda. When a decision is made, the City could let consultants know what policy has been decided. Commissioner Mouriquand stated it should be a matter of policy for a Phase I Study to contact the Native American Heritage Commission for sacred site searches. Mr. Hogan commented it is not a CEQA requirement, so they have not been doing it. 5 3 12 Historic Preservation Commission August 19, 2004 5. Commissioner Mouriquand commented it should be standard operating procedure to identify traditional cultural properties and include them in the investigation and discussion for a Phase I report. She stated Mr. Hogan was correct that it was not required by CEQA, but a policy should be adopted and disseminated to the consultants practicing here so they know any future reports would be expected to have that. There may possibly be other tribes involved besides the Torres Martinez, Augustine, or Cabazon. The Agua Caliente or Santa Rosa Band may be interested in the project. Mr. Hogan commented he didn't have a problem regarding the policy, but requested the policy be made very clear about what's expected and how it needs to be done. He has completed Federal projects where they were required to follow these procedures and would get the list back from the Heritage Commission of who should be contacted. Some tribes have told him not to contact them unless it is in their traditional use area. 6. Commissioner Mouriquand admitted it was not a smooth procedure. ' Staff added one of. the things they did to address this concern was include a recommendation which states the applicant shall contact the Torres -Martinez Desert Cahuilla Indians. That condition could be extended to include additional Bands to address this issue. Commissioner Mouriquand stated, as a matter of courtesy, the Torres -Martinez Desert Cahuilla, Augustine and Cabazon tribes should all have an opportunity to comment. Staff replied they would bring this up at the next meeting. 7. Commissioner Sharp commented the Native Americans attended the Commission's last meeting because they were extended special invitations. He asked if they received any of the Commission information. Staff replied the Torres -Martinez Band receives agendas of the meeting. 8. Commissioner Mouriquand commented the Tribes should have the opportunity to read the whole packet and comment on them, not just the agenda. She said they do appreciate having them if, for no other reason, than to build up their own internal historical library. Staff advised the Commissioners the Agenda does introduce -the project and specify the location. If the Tribes had an interest they would call the City. Staff added N. 313 Historic Preservation Commission August 19, 2004 they had not received any communications, but if received, staff would provide information as requested. 9. Commissioner Sharp commented that the local tribes should be attending meetings to make their comments. 10. Chairman Wilbur commented that by the end of the next meeting the Commission should have clear parameters for consultants to follow. They would know exactly what is required. 11. Mr. Hogan made the comment that updated conditions should be given to the developers as well as the consultants. 12. Commissioner Mouriquand suggested in the future, consultants should be required to contact the Native American Heritage Commission for the following: A. A sacred site search. B. A list of Traditional Cultural Properties C. A list of local Tribes connected with the project site. The consultant would be required to scope with the Cabazon Band of Mission Indians, the Augustine Band, and the Torres - Martinez Desert Cahuilla Band, notwithstanding the recommendation of the Native American Heritage Commission. Commissioner Mouriquand suggested it could take the form of a Policies and Procedures document. 13. It was moved and seconded by Commissioners Sharp and Mouriquand to adopt Minute Motion 2004-021 accepting the . Historical/Archaeological Resources Survey Report with the following addition to Condition A: A. The Torres -Martinez Desert Cahuilla, Augustine, and Cabazon Band of Mission Indians shall be contacted to determine if a tribe member is to be included as an archaeological monitor. Unanimously approved. 314 Historic Preservation Commission August 19, 2004 14. Principal Planner Stan Sawa presented the information contained in the Paleontological Resources Report, a copy of which is on file in the Community Development Department. 15. Chairman Wilbur commented this development is a high potential area and asked if there were enough recommendations to cover contingencies in terms of finding other artifacts. Staff replied these were standard monitoring conditions and should be adequate. 16. It was moved and seconded by Commissioners Sharp and Mouriquand to adopt Minute Motion 2004-022 accepting the Paleontological Resources Assessment Report as submitted. Unanimously approved. C. Historical/Archaeological Resources Survey Report Assessor's Parcel No. 762-240-015 (TT 32225); and Paleontological Resources Assessment Report Assessor's Parcel No. 762-240-015 (TT 322.25). Applicant: Earth Systems Southwest for Vince D'Ambra Archaeological Consultant: CRM TECH (Michael Hogan, Principal and Harry Quinn, Geologist/Paleontologist) Location: Northwest corner of Madison Street and Avenue 58. 1. Principal Planner Stan Sawa presented the information contained in the staff report, and suggested the addition of the Augustine and Cabazon Tribes to Condition A in the staff report, a copy of which is on file in the Community Development Department. 2. The Commissioners had no comments on the report. 3. It was moved and seconded by Commissioners Mouriquand and Sharp to adopt Minute Motion 2004-023 approving the Historical/ Archaeological Resources Survey Report as submitted with the addition recommended by Staff as follows: A. The Torres -Martinez Desert Cahuilla, Augustine, and Cabazon Band of Mission Indians shall be contacted to determine if a tribe member is to be included as an archaeological monitor. Unanimously approved. 8 315 Historic Preservation Commission August 19, 2004 4. Principal Planner Stan Sawa presented the information contained in the Paleontological Resources Report, which is on file in the Community Development Department. 5. Commissioner Mouriquand had a question about placement of the reports in the packet. She requested future staff reports have item numbers on the upper right hand corner of the first page, even if there Were two staff reports for one project. 6. There were no additional comments. 7. It was moved an seconded by Commissioners Sharp and Mouriquand to adopt Minute Motion 2004-024 approving the Paleontological Re 'ources Assessment Report as submitted. Unanimously approved. D. Archaeological i I Mitigation ' and Data Recover Report - Site CA-RIV- 5158 (TT 32398); and P leontolo ical Resources Assessment Report - Site CA-RIV-5158 (TT 2398). Applicant:. Robert Schum cher Archaeological Consultant: CRM Tech (Michael Hogan, Principal) Location: Northeast corner of Monroe Street and Avenue 60 1. Principal Planner Stan Sawa presented the information contained in the st ff report, a copy of which is on file in the Community Development Department. 2. Commissioner Sharp , commented on the sensitivity of the area. seconded b Commissioners Sharp and 3. It was moved an s y p Mouriquand to adopt Minute Motion 2004-025 accepting the Archaeological Mitigation and Data Recovery Report as submitted with the following addition to Condition A: A. The Torres -Martinez Desert Cahuilla Band, Augustine Band, and Cabazon Band of Mission Indians shall be contacted to determine if a tribe member is to be included as an archaeological monitor. Unanimously approved. 9 316 Historic Preservation Commission August 19, 2004 4. Principal Planner Stan Sawa presented the information contained in the Paleontological staff report, a copy of which is on file in the Community Development Department. 5. Commissioner Sharp asked a about how the depth of the site was determined. Mr. Hogan gave an explanation of how the measurement was obtained. 6. Commissioner Mouriquand had no comments. 7. It was moved and seconded by Commissioners Mouriquand and Sharp to adopt Minute Motion 2004-026 accepting the Paleontological Resources Assessment Report as submitted. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMISSIONER ITEMS: A. Commissioner Mouriquand requested staff to agendize discussion of a policy to require all consultants to include Scoping Letters with all Archaeological Reports, as well as contacting the Native American Heritage Commission to obtain the correct list of tribal representatives for the specified project area. Staff replied it would be added. B. Commissioner Sharp expressed his disappointment in the fact there were no representatives from the local tribes. Commissioner Mouriquand suggested an explanation of why representatives might not be able to attend. VIII.. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Mouriquand and Sharp to adjourn this Regular Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on September 16, 2004. This meeting of the Historical, Preservation Commission was adjourned at 4:10 p.m. Unanimously approved Submitted by: Carolyn Walker Secretary 10 317 REPORT/INFORMATIONAL ITEM: 40 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Rescheduled meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 8, 2004 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:04 a.m. by Interim Community Development Director Oscar Orci who led the flag salute. B. Committee Members present: Bill Bobbitt, and David Thorns. It was moved and seconded by Committee Members Bobbitt/Thoms to excuse Committee Member Christopher. Unanimously approved. C. Staff present: Planning Manager Oscar Orci, Associate Planner Wallace Nesbit, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of August 4, 2004. There being no changes, it was moved and seconded by Committee Members Thoms/Bobbitt to approve the Minutes as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Village Use Permit 2003-019; a request of Dr. John Dixon for consideration of architectural and landscaping plans for a 4,306 square foot one-story office building in the Village located at the northeast corner of Desert Club Drive and Calle Cadiz. 1. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Skip Lench, project representative, who gave a presentation on the project. 318 G:\WPDOCS\ALRC\9-8-04 WD.doc Architecture and Landscaping Review Committee September 8, 2004 2. Committee Member Thorns stated he applauded the applicant for being sensitive to keeping the look of the original house. He suggested the ground surfaces be upgraded. The parking area could be a different material than asphalt. Upgrade the project in other areas than on the building. Mr. Lench- stated they were going to replace the tiles and columns to match. Discussion followed regarding suggestions. 3. Committee Member Thorns asked that the trash dumpster be moved. 4. Committee Member Bobbitt asked staff about their recommendation for a treatment on the corner. It does need an upgrade on the landscaping to create more interest. He asked about the requirement for parking lot trees. He would like to see at least two more trees around the parking area. Staff asked for a suggested species. Committee Member Bobbitt suggested Lysaloma, sycamore, or an oak species. 5. Committee Member Bobbitt asked if wood will be used for the trellis. He suggested a wood substitute be used. 6. Committee Member Thorns asked the color. Mr. Lench stated it would be a softer white. Committee Member Thorns asked the roof material. Mr. Lench stated it would be a three color tile mix roof with mudding at the ridgelines only. 7. There being no further questions of the applicant, it was moved and seconded by Committee Members Bobbitt/Thoms to adopt Minute Motion 2004-025 recommending approval of Village Use Permit 2003-019, as recommended by staff and amended: a. Condition added: Paving surface treated differently. Introducing a different material to make a statement. b. Condition added: Two additional shade trees C. Condition added: The corner shall be given a landscape treatment. d. Condition added: Relocate trash enclosure and screen e. Condition added: Restrict rear access with aesthetic gates f. Condition added: bollard lights to be reviewed with landscape plans Unanimously approved. G:\WPDOCS\ALRC\9-8-04 WD.doc 2 319 Architecture and Landscaping Review Committee September 8, 2004 B. Site Development Permit 2004-811; a request of Rich Boureston for consideration of architectural and landscaping plans for a two-story, 42,000 square foot medical office building on a 3.4 acres site located at the southeast corner of Washington Street and Lake La Quinta Drive. 1. Interim Community Development Director Oscar Orci .presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Mr. Boureston, applicant, who gave a presentation on the project. 2. Committee Member Bobbitt asked where the stone veneer would be used. Mr. Boureston stated on the columns. Committee Member Bobbitt stated his first impression was institutional. It is an old style design and is attractive. He objected to the top portion. Mr. Boureston stated it will not be seen. The parapet will be raised and the mechanical wall lowered. Committee Member Bobbitt encouraged the applicant to increase the size of the tree wells on the interior parking lot. He asked about the park area. Mr. Boureston stated it is a patio area. 3. Committee Member Thorns stated the mixture of architecture in this entire area has turned out well. His concern is that the building is facing the wrong direction. It would be better if it faced Caleo Bay. Mr. Boureston stated their reasoning is for exposure. Committee Member Thorns suggested the stone veneer be replaced with a different material. 4. Committee Member Bobbitt asked what material would be used on the exterior. Mr. Boureston stated it would be a concrete tilt -up building with a smooth finish. 5. Committee Member stated the entrance off of Caleo Bay be enhanced to connect the parking lot. There is no paving connection to the parking lot. From a hardscape point there needs to be a connection made between the Caleo Bay entrance and the building. Following discussion it was determined the Caleo Bay entrance would be enhanced. 6. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2004-026 recommending approval of Site 3 ? O G:\WPDOCS\ALRC\9-8-04 WD.doc 3 Architecture and Landscaping Review Committee September 8, 2004 Development Permit 2004-81 1, as recommended by staff and amended. a. Condition added: Stucco shall be added to the concrete tilt -up building with a smooth finish. b. Condition added: Enhancing the facade on Caleo Bay. C. No stone on the colmns, but use an alternate, i.e., brick d. Increase the tree wells from six feet to eight feet. e. The mechanical screening structure shall be reduced in height. Unanimously approved. C. Site Development Permit 2004-813; a request of Desert Cheyenne for consideration of three prototypical floor plans and their landscape, common area and perimeter landscape plans for a 201 single-family home subdivision on 80 acres Located at the southwest corner of Avenue 52 and Monroe Street. 1 Interim Community Development Director Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff, introduced John Pedalino, Kevin Walsh, Greg Walsh, and Ron Gregory, who gave a presentation on the project. 7. Committee Member Bobbitt. asked if they would be building the homes or selling custom lots. Mr. Pedalino stated that has not been determined as of yet. Staff stated they had been notified by the Riverside County Agricultural Department that the Pigmy date palm either be replaced or they provide a letter that the species has been grown locally, or that that species be replaced with a local species. Committee Member Bobbitt explained why it was not allowed to be shipped in. Mr. Pedalino stated they would either replace the tree, or find a local grower. 8. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2004-027 recommending approval of Site Development Permit 2004-813, as recommended by staff. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None. 341 G:\WPDOCS\ALRC\9-8-04 WD.doc 4 Architecture and Landscaping Review Committee September 8, 2004 VII. COMMITTEE MEMBER ITEMS: A. Staff informed the Committee the HPC was requesting they recommend the Honey Mesquite tree on projects. B. Staff informed the Committee of the joint meeting with the City Council and Planning Commission on September 28". Vill. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Thoms/Bobbitt to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a regular meeting to be held on October 6, 2004. This meeting was adjourned at 1 1:22 a.m. on September 8, 2004. Respectfully submitted, BET AWYER Executive Secretary 3242 GAWPD0CS\ALRC\9-8-04 WD.doc 5 REPORT/INFORMATIONAL ITEM: ;;- I MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 14, 2004 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called. to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Ladner to lead the flag salute. B. Present: Commissioners Rick Daniels, Kay Ladner, Paul Quill, and Chairman Tom Kirk. It was moved and seconded by Commissioners Daniels/Ladner to excuse Commissioner Krieger. C. Staff present: Oscar Orci, Interim Community Development Director, Assistant City Attorney Michael Houston, Assistant City Engineer Steve Speer, Principal Planner Fred Baker, Associate Planners Wallace Nesbit, Martin Magana, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: A. Associate Planner Martin Magana asked that Item "F" be moved before Item "E". It was moved and seconded by Commissioners Ladner/Daniels to move Item "F" to Item "E" and Item "E" to Item "F". IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of the regular meeting of August 10, 2004. There being no corrections, it was moved and seconded by Commissioners Daniels/Ladner to approve the minutes as submitted. B. Department Report. Assistant City Attorney Michael Houston reviewed the memorandum sent to the Commission concerning conflict of interest regarding personal property and asked if there were any questions. Chairman Kirk asked if staff would give a report on tents at the next meeting. 323 G:\WPDOCS\PC Minutes\9-14-04.doc Planning Commission Minutes September 14, 2004 V. PUBLIC HEARINGS: A. Environmental Assessment 2004-51 1, Specific Plan 2004-073, and Tentative Tract Map 31874; a request of Stonefield Development, Inc. for consideration of establishing development principles, guidelines and programs to allow the subdivision of 40 acres into 102 residential lots for the property located at the northwest corner of Monroe Street and Avenue 53. 1. Planning Manager Oscar Orci informed the Commission this case still needed to complete its environmental review and staff was therefore requesting a continuance. 2. It was moved and seconded by Commissioners Daniels/Quill to continue the project to September 28, 2004. Unanimously approved. B. Tentative Tract Map 32371; a request of Ehline Company for consideration of the subdivision of 8.99 acres into 54 single-family lots and other miscellaneous lots for the property located south of Miles Avenue, on the east side of Seeley Drive. 1. Planning Manager Oscar Orci informed the Commission that the applicant had withdrawn the application and no further action was required. C. Environmental Assessment 2004-502 and Tentative Tract Map 32225; a request of Vince D'Ambra for consideration of adopting a Mitigated Negative Declaration of environmental impact and the subdivision of 8.08 acres into 33 residential lots and other common lots for the property located at the northwest corner of Madison Street and Avenue 58. 1. Commissioner Daniels stated he had a potential for a conflict of interest and left the dais. 2. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the report a copy of which is on file in the Community Development Department. 3. Chairman Kirk asked staff to explain condition 7.A. Assistant City Engineer Steve Speer explained how the traffic model for Madison Street was set at six lanes. Due to the actual development of the G:\WPDOCS\PC Minutes\9-14-04.doc 2 Planning Commission Minutes September 14, 2004 projects in this area there is a need to downgrade the General Plan accordingly; therefore, the condition is to allow time for the change to be made. Chairman Kirk asked if there was any discretion regarding this condition. Staff stated they would apply whatever General Plan requirements are in place at the time of final map. Interim Community Development Director Oscar Orci stated the General Plan Amendment is intended to be scheduled as soon as possible. Should this not happen, staff will make a determination of whether or not this project should be redesigned. Assistant City Engineer Steve Speer stated there was a project on Washington Street approved under a similar circumstance. In this case staff asked for the right-of-way and not the entire lane. 4. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Dan Lee, representing the applicant, stated they concur with the conditions as written. 5. Chairman Kirk asked if there was any other public comment. Mr. Pierre LaTallia, 39-559 New Castle, Palm Desert, stated he has purchased a lot in the adjoining tract and believes this project is too dense for this area and even though he understands it meets the City's standards he would like to request a lowering of the density. 6. Mr. Robert Stowe, 80-581 Vista Lazo, stated he too agrees it is too dense for this area. His lot will adjoin three of the lots for this tract. They are situated too close to the property line. No other tract in this area is designed with this density. It is not compatible with the surrounding developments. It will create too much traffic for the area as well. 7. Mr. David. Brudvik, Santa Rosa Development, engineer for the project, stated it will be designed with one story homes and it is half the density of the Puerta Azul project and across the street on Avenue 58, it is zoned for Medium Density. 8. There being no other public comment, Chairman Kirk closed the public participation portion of the hearing. 9. Commissioner Quill asked staff to ensure the elevations were as stated on the map so they remain the same as the adjoining tracts. G:\WPDOCS\PC Minutes\9-14-04.doc 3 325 Planning Commission Minutes September 14, 2004 10. Chairman Kirk asked how much discretion the Commission could have in regard to density. If the Commission found the right findings they could change the density. Assistant City Attorney Michael Houston stated the Commission could provide for less density. Findings such as aesthetics, community design, community health and safety, etc., could be made. 11. Commissioner Ladner thanked the applicant for restricting the units to one story. 12. Chairman Kirk asked the density of the adjoining projects. Staff stated Puerta Azul located immediately to the north, is zoned Medium Density. Chairman Kirk stated it seems that a slight reduction in density on Lots 1 1-15 on the west side of the project would mitigate some of the issues regarding density. 13. Commissioner Ladner asked if they move to see a change in the .density, would it go to the City Council for their approval. Chairman Kirk stated yes. 14. Chairman Kirk reopened the public hearing. 15. Commissioner Quill asked the applicant if they intended to build the homes on the site. Mr. Brudvik stated he intends to build the homes. They originally envisioned the project to be designed similar to the La Quinta Hotel casitas units. Staff noted the site design and elevations will be before the Commission for approval of a Site Development Permit and public comment will be taken at that time. 16. Mr. Robert Stowe, owner of Lot 12, stated he is concerned with the entry to the project that will have a left turn lane across the median so close to Madison Street. He is also concerned about the safety of those exiting at this location. Assistant City Engineer Steve Speer stated that Avenue 58 and Madison Street will be signalized within two years. With respect to the full turn for the project it complies with the General Plan. 17. There being no further public comment the public hearing was again closed. 326 G:\WPDOCS\PC Minutes\9-14-04.doc 4 Planning Commission Minutes September 14, 2004 18. Commissioner Quill asked about the setbacks. Staff stated the setbacks and discussion followed. Commissioner Quill stated he would prefer a 90 foot dimension on the frontage to allow the houses to have a 3,000 square foot range. 19. Chairman Kirk stated the project to the north has a higher density. Lot 10 to the west is larger than Lots 37 — 40, so there isn't much impact. Lot 11 to the south end of Lot 15 . is where the compatibility is impacted. A 90-foot width could be required on Lots 4-16 to provide a buffer between the two tracts. 20. Commissioner Ladner asked that Lot 4 not be included. 21. It was moved and seconded by Commissioners Quill/Ladner to adopt Planning Commission Resolution 2004-061, recommending certification of a Mitigated Negative Declaration for Environmental Assessment 2004-502, as recommended: ROLL CALL: AYES: Commissioners Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioners Daniels and Krieger. ABSTAIN: None. 22. It was moved and seconded by Commissioners Quill/Ladner to adopt Planning Commission Resolution 2004-062, recommending approval of Tentative Tract Map 32225, as recommended by staff and amended: a. Condition added: The front lot dimension for Lots 5-16 shall be increased to a minimum of 90 feet. ROLL CALL: AYES: Commissioners Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioners Daniels and Krieger. ABSTAIN: None. Commissioner Daniels rejoined the Commission. D. Conditional Use Permit 2004-085; a request of Nextel Communication for consideration of a 60 foot high telecommunications monopole and 230 square foot equipment shelter for the property located at the southwest corner of Avenue 54 and Madison Street, within Riverside County Fire Department Station #70 property. 3) G:\WPDOCS\PC Minutes\9-14-04.doc 5 Planning Commission Minutes September 14, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Commissioner Daniels stated he is a resident of PGA West and the homeowners' association is within 500 feet of this property, but he does not feel there is any conflict of interest. 3. Chairman Kirk asked if there were any questions of staff. Commissioner Ladner asked the distance between the top of the live tree to the bottom of the monopalm. Staff stated the highest tree is 42 feet in height, so about a 15-22 foot difference. 4. There being no further questions of staff, Chairman Kirk asked if the. applicant would like to address the Commission. Mr. John Beke with Tetra Tech Wireless, representing the applicant, stated they have reviewed the conditions and have no objections. With regard to the opposition letter submitted by Mr. Glen Hart, the FCC does not allowed them to interfere with any other electrical appliances; in terms of unsightliness, it is planted among live palms of the same species; in regard to lighting, they have not applied for any and none are required; in regard to adjacency to his front yard it is over 200 feet away. To view this pole, Mr. Hart will have to view this through a grove of trees to even see this pole. They tried to locate at the PGA Clubhouse, but were unable to do so. In regard to staff's recommendation for plantings 8-10 feet tall between the perimeter wall and their shelter, they would prefer to use vines to grow up onto the shelter. 5. Chairman Kirk stated the monopalm dominates the view as it appears to be twice as tall and large, but in the photos contained in their packet, the palms were indistinguishable. Mr. Beke went over the process of how they produce the photos and determine the height needed. - 6. Chairman Kirk asked if there was any other public comment. Mr. John Bobbitt, 80-432 Pebble Beach stated he is the president of the homeowners' association that will be affected by this pole. A number of residents are away and not available to speak to this project. They object to an object of this height. He appreciates their attempt to disguise it, but it will still be unsightly. The G:\WPDOCS\PC Minutes\9-14-04.doc 6 3 2 8 Planning Commission Minutes September 14, 2004 potential to interfere with their equipment room that controls a lot of their equipment is a great concern. He understands they have to conform to FCC rules and yet he knows these things do not operate perfectly. He reaffirmed his protest against the project. 7. Commissioner Daniels asked if their concern was that the tower may interfere with their communication equipment. Mr. Bobbitt stated yes as well as the aesthetics. They have had trouble with the Fire Department radio equipment interfering with their equipment, and Mr. Beke has already had problems even though they cannot prove it. Mr. Beke stated that in regard to the interference, they would be happy to have a condition added that they would remedy any interference within a time frame. They would begin a remedy within 48-hours of notice by the claimant to resolve the problem. 8. There being no other public comment, Chairman Kirk closed the public participation portion of the hearing. Commissioner Quill asked if the Riverside County Fire Department had reviewed this request and found there were no issues. Mr. Beke stated yes. 9. Commissioner Daniels asked how they chose this site and what. other sites were reviewed. 10. Chairman Kirk reopened the public hearing. Mr. Beke stated their customer, KSL, requested they improve their service. They do not like to go with vacant land as it is unknown what will be there and this site was then chosen. 11. Commissioner Daniels asked why the height had to be 60-feet. Mr. Beke stated this is the lowest functional height to give them the coverage they need. 12. Commissioner Daniels asked if the Verizon pole was approved at a lower height. Staff stated it was 60-feet. 13. Mr Bobbitt stated he would recommend KSL use a different company and reduce the need for the tower. 14. It was moved and seconded by Commissioners Daniels/Ladner to adopt Planning Commission Resolution 2004-063, approving Conditional Use Permit 2004-085, as recommended and amended: 329 G:\WPDOCS\PC Minutes\9-14-04.doc 7 Planning Commission Minutes September 14, 2004 a. Condition added: If any complaints regarding interference are received, the applicant will address them within 48 hours. b. Condition added: Vines shall be added to the equipment building between the perimeter wall and the building. ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Krieger. ABSTAIN: None. E. Environmental Assessment 2004-516 and Site Development Permit 2004-811; a request of Rich Boureston for consideration of adopting a Mitigated Negative Declaration of environmental impact and development plans to construct a 42,000 square foot medical office building on 3.44 acres for the property located at the southeast corner of Washington Street and Lake La Quinta Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the report a copy of which is on file in the Community Development Department. Staff clarified there will be outpatient surgery, but no overnight stays. 2. There being no questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Richard Boureston, the applicant, stated they were in agreement with the conditions, with the exception of the condition for the deceleration lane. Most of the deceleration lanes on Washington Street are for the projects with direct access to their site. There are other places along Washington Street that do not have a deceleration lane who have access off another street. Because of the distance off Lake La Quinta Drive they believe the requirement for a deceleration lane is not warranted. The other objection is for them to pay the 25 % for the signal that will someday be installed. The 25 % is a difficulty for them and they are the last to build at this location. Other developments will be constructed further south who should also contribute to the cost of the signal. 3. Chairman Kirk asked staff to address the concerns raised. Assistant City Engineer Steve Speer stated the City is in a state of growth and therefore there are a lot of differences in what has been required. This is true by virtue of changes to the General Plan. This condition arose from the City Council requesting G:\WPDOCS\PC Minutes\9-14-04.doc 8 330 Planning Commission Minutes September 14, 2004 conditions be added to require deceleration lanes on major streets. Currently, the General Plan requires Washington Street to be an eight lane street. Staff has been requesting applicants to either install the deceleration lane or dedicate the easement necessary to meet this requirement should it become necessary. With respect to the traffic signal, staff has found that the developers impact fee has been formed to help pay for Arterial street signals. Typically the developers on each corner will pay for the signals. We have been changing the condition to require a fair share prorate share up to 25%. A sentence will be added to the condition to address this. Mr. Boureston stated the City does need deceleration lanes where there is direct access from Washington Street. If Lake La Quinta Drive was heavily traveled it would need a deceleration lane, but it is not. 4. Chairman Kirk stated his concern was the City's requirement to have the front of the building at one story. Mr. Ron Sakahara, architect for the project, stated this design was based on the City's height requirement for this area. Chairman Kirk stated there has been some relief on other projects if there are architectural features. He would like to see the entire building at two stories even if it encroaches into the setback 20-feet. Mr. Sakahara stated they would like to work with staff if this was acceptable to the Commission as long as it did not affect their timeline. 5. Mr. Tim Bartlett, 73-382 Salt Cedar Street, Palm Desert, gave a history on the development of the site. All four corners were developed at that time and received the final map. In his opinion, this pad is within that final map approval and should not be required to pay for the signal as all conditions had been met. Assistant City Attorn y Michael Houston stated a final map does not give a vested rig t to develop in a particular way. Vested rights only accrue upon the issuance of a building permit and substantial completion of construction pursuant to a building permit. The concept of a final map does not allow a discretionary body to make further discretionary approvals and attach conditions, is not what the law is. Mr. Bartlett stated the streets have all been finished and the City has accepted them. 6. Mr. Sakahara stated they may have only one drop off on the Washington Street side instead of the two and the mechanical equipment screen shows it should have a matching parapet and they would prefer to just match the color texture with only the G:\WPDOCS\PC Minutes\9-14-04.doc 9 331 Planning Commission Minutes September 14, 2004 cornice showing. Lastly, they would like to eliminate the use of brick and use a stacked stone. 7. Mr. Ben Rosker, 47-675 Via Montesa, Lake La Quinta HOA, stated he was surprised that the developer of the homes being constructed across from this site was never informed of this public hearing. On Caleo Bay there is a gated entry to Lake La Quinta. During the school year there are a number of children waiting to be picked up by buses. It is surprising to see this medical office is going to enter off Caleo Bay. This is a narrow street with children present and he believes this project should have an entry off a different street. He would recommend the building be reversed to have the one story on Caleo Bay. Caleo Bay has parking on both sides which will narrow the street for access of other cars. Assistant City Engineer stated those who have been developing along Caleo Bay have been conditioned to participate in the cost of restriping Caleo Bay. Parking will be eliminated and there will be a two-way left turn lane with a single lane on both sides of the street. 8. Commissioner Ladner asked the reasoning to have their access off Caleo Bay. Mr. Boureston stated they were told by staff this was the only access they could have. 9. Commissioner Daniels asked the implication of changing the building to make it two story and moving the building to Washington Street and putting the parking on the Caleo Bay side. Mr. Boureston stated they would have to redesign the site plan and see how it works on the site. If they went to a two story building and were relieved of meeting the setback condition, they would be willing to move the building as suggested. 10. Commissioner Quill stated he is glad it is setback and only one story. He is emphatic that a deceleration lane be installed, but he is not certain whose responsibility it is. This would also apply to the signal in regard to who is responsible for the construction. What concerns him is that they were very strict with Walgreens for their architectural style as well as other developments along Washington Street. Yet this building is just a concrete tilt -up building with some architectural features. 11. Commissioner Ladner stated it is not an attractive building. G:\WPDOCS\PC Minutes\9-14-04.doc 10 3 3 0 Planning Commission Minutes September 14, 2004 12. Chairman Kirk stated they are not as hard on the architecture style as they have been on other buildings that are different. There is a variety of architecture along Washington Street. This building does need some additional features, but not necessarily tile roofs. He also believes the building should be a two story and moved closer to Washington Street to move it away from the residents and sensitive to viewshed. In respect to access, he supports staff's recommendation in respect to location and design, but also concerned as to who should pay the cost of the signal. Staff has made good suggestions making sure that those who benefit should contribute. He does support the deceleration lane. In regard to compatibility, this has been a difficult street. He does support the use. 13. Commissioner Ladner asked what kind of input came from the Architecture and Landscape Review Committee (ALRC). Staff stated the ALRC stated they realized the building fit the design as it was an institutional use. They discussed the parapet being out of balance and the applicant agreed to reduce the height. The ALRC determined the style was reminiscent of something from Chicago and suggested the brick to bring out the institutional look. Mr. Boureston stated the ALRC made the statement that when you think of a concrete tilt up building you think of an industrial style building. Mr. Bartlett noted the architectural features. Mr. Sakahara went over the design of the building. 14. Chairman Kirk asked if there was any other public comment. There being no other public comment, Chairman Kirk closed the public participation portion of the hearing. 15. Commissioner Ladner stated she would rather have it set back and the number of stories is not an issue. She would not object to having two stories. She is not in favor of the architectural style. Staff stated that an increase in size would require more parking which would require the applicant to do another analysis. 16. Commissioner Daniels stated he has no problem making it all two story and if necessary move it closer to Washington Street. 17. Chairman Kirk stated that architecture is not a concern of his and if the Commission wants to continue this, direction needs to be provided. Staff stated deviations to the Code could be allowed through a specific plan. G:\WPDOCS\PC Minutes\9-14-04.doc 3 3 1133 Planning Commission Minutes September 14, 2004 18. It was moved and seconded by Commissioners Ladner/Kirk to adopt Planning Commission Resolution 2004-067, recommending certification of a Mitigated Negative Declaration for Environmental Assessment 2004-516, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Krieger. ABSTAIN: None. 19. It was moved and seconded by Commissioners Quill/Daniels to continue the SDP to September 28, 2004, with the following instructions: a. Reducing the applicant's cost of the signal, based on staff's recommendation up to a 25% contribution, pending an analyze of the relative benefit of this and on other projects; b. Requiring the deceleration lane; C. Respect the ALRC conditions regarding stone veneer; an alternative more formal stone may be more appropriate and more of it possibly in the entry area and not just the columns; and d. If architectural standards were enhanced, the 150 foot setback off Washington Street and the parking standards could be relaxed if architecture enhancement were provided. Unanimously approved. F. Environmental Assessment 2004-513, Specific Plan 2004-072, and Tentative Tract Map 32398; a request of Rob Schumacher for consideration of a Mitigated Negative Declaration of environmental impact, establish design and development principles, and the subdivision of 110.9 acres into 392 single-family lots, a ten acre commercial lot and miscellaneous lots for the property located at the northeast corner of Monroe Street and Avenue 60. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked about the commercial setback requests. Staff stated the applicant was requesting a ten foot setback along the northern property line. G:\WPDOCS\PC Minutes\9-14-04.doc 12 334 Planning Commission Minutes September 14, 2004 3. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Web Barton, representing the applicant, stated they had no objections to the conditions and were available to answer any questions. 4. Chairman Kirk asked about the ten foot setback and wall. Mr. Barton stated they designed it with the 10/30 setback which was a mistake in the Specific Plan and they are not requesting the deviation. Chairman Kirk stated it is an incredible project and yet a poor Specific Plan with erroneous information. Chairman Kirk reviewed his concerns about the Plan. Mr. Frank Laulainen, apologized for the condition of the Specific Plan and stated they would correct it before going to the City Council. One of the problems they faced was to divorce themselves from the Coral Mountain Specific Plans. 5. Mr. Michael Keebler, representing Coachella Valley Unified School District, stated that in the document in two places Page 63 and 91 there is discussion about a bus turnout. In most projects they try to coordinate bus turnouts with Sunline and in this case they would request conditions be placed on the project that they coordinate with both agencies. 6. Chairman Kirk asked if there was any other public comment. There being no other public comment, Chairman Kirk closed the public participation portion of -the hearing. 7. Commissioners Ladner, Daniels, and Quill commended the architect on the project and Chairman Kirk agreed. 8. It was moved and seconded by Commissioners Daniels/Ladner to adopt Planning Commission Resolution 2004-065, recommending certification of a Mitigated Negative Declaration for Environmental Assessment 2004-513 , as recommended: ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Krieger. ABSTAIN: None. 9. It was moved and seconded by Commissioners Daniels/Ladner to adopt Planning Commission Resolution 2004-066, recommending approval of Specific Plan 2004-072, as recommended/amended: G:\WPDOCS\PC Minutes\9-14-04.doc 13 335 Planning Commission Minutes September 14, 2004 a. Condition added: The applicant shall work with staff to upgrade the quality of the Specific Plan formatting ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Krieger. ABSTAIN: None. 10. It was moved and seconded by Commissioners Daniels/Ladner to adopt Planning Commission Resolution 2004-066, recommending approval of Tentative Tract Map 32398, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Krieger. ABSTAIN: None. G. Environmental Assessment 2004-515, Zone Change 2004-121, and Tentative Tract Map 32742; a request of Village Builders 98, LP for consideration of adopting a Mitigated Negative Declaration of environmental impact, a zone change to remove the Equestrian Overlay and the subdivision of 14.54 acres into 40 single-family lots and miscellaneous lots for the property located at 55-101 Monroe Street, approximately 150 feet south of Avenue 55. 1. Chairman Kirk excused himself due to a possible conflict of interest and left the dais. 2. Vice Chairman Quill opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the report a copy of which is on file in the Community Development Department. 3. Vice Chairman Quill asked if there were any questions of staff. Commissioner Daniels noted the Greg Norman course is within the PGA development and as a homeowner within PGA West with common area interest, he believes in this instance, he has no conflict of interest. 4. Vice Chairman Quill asked staff to explain Lot B. Staff stated it contains easements for the one single-family home. Staff has conditioned that Lot 15 honor the easement to this house and that all future homeowners of this lot be made aware of this easement. G:\WPDOCS\PC Minutes\9-14-04.doc 14 336 Planning Commission Minutes September 14, 2004 5. There being no further questions of staff, Vice Chairman Quill asked if the applicant would like to address the Commission. Ms. Margo Thibeault, MSA Consulting, representing the applicant, stated they are in agreement with all conditions except Condition #54.A.e. It was their understanding the equestrian trail would be on the east side of the street and as it would not make any connection to any other trail and would like to be relieved of this condition. In regard to the property to the north, they did try to purchase it but were unsuccessful. 6. Commissioner Daniels asked for an explanation of the cross -hatch area on the street. Ms. Thibeault stated it is decorative section for traffic calming. 7. Vice Chairman Quill asked if there was a multi -purpose trail or if this condition was an error. Staff stated there is a mixture in this area and staff is unable to place the trail on the east side. as it is not within the City's limits. Vice Chairman Quill asked if the CVWD easements would be abandoned before the Final Map. Ms. Thibeault stated they have started the abandonment procedure, but it is not a fast process. Vice Chairman Quill noted they would not be able to build until the easements were abandoned. Staff noted the condition was written prior to building permits being issued. 8. Mr`. John Pedalino, the applicant, stated Bureau of Reclamation (BOR) can take as long as a year to abandon the easements, but CVWD has given them a letter noting they would be abandoned. The final map will show the easements and when BOR approved the abandonment, the title company will note on the deed. 9. There being no other public comment, Vice Chairman Quill closed the public participation portion of the hearing. 10. Commissioner Daniels asked if the trail was required. Staff noted they could take whatever action they chose to in regard to the trail. Staff noted there are trails along this area and there are breaks in the trail that will not be closed until all developments are completed. It is the City's goal to have a City-wide trail system. Discussion followed. G:\WPDOCS\PC Minutes\9-14-04.doc 037 Planning Commission Minutes September 14, 2004 11. It was moved and seconded by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2004-068, recommending certification of a Mitigated Negative Declaration for Environmental Assessment 2004-515, as recommended: ROLL CALL: AYES: Commissioners Daniels, Krieger Ladner, and Vice Chairman Quill. NOES: None. ABSENT: Commissioners Krieger and Kirk. ABSTAIN: None. 12. It was moved and seconded by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2004-069, recommending approval Tentative Tract Map 32742, as recommended and amended: a. Condition #54.A.e. deleted. ROLL CALL: AYES: Commissioners Daniels, Ladner, and Vice Chairman Quill. NOES: None. ABSENT: Commissioners Krieger and Kirk. ABSTAIN: None. VI. BUSINESS ITEMS: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. Vlll. COMMISSIONER ITEMS: A. Interim Community Development Director Oscar Orci discussed potential issues for the joint meeting with the City Council. Commissioner Quill asked that annexations be discussed. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Ladner to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on September 28, 2004, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:54 p.m., on September 14, 2004. Res ctfully s bmitted, t .Sawyer, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\9-14-04.doc 16 3 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 28, 2004 7 :00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Daniels to lead the flag salute. B. Present: Commissioners Rick Daniels, Kay Ladner, Paul Quill, and Chairman Tom Kirk. It was moved and seconded by Commissioners Daniels/Ladner to excuse Commissioner Krieger. C. Staff present: Oscar Orci, Interim Community Development Director, City Attorney Kathy Jenson, Assistant City Engineer Steve Speer, Principal Planners Stan Sawa and Fred Baker, Associate Planners Wallace Nesbit, Martin Magana, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of the regular meeting of September 14, 2004. There being no corrections, it was moved and seconded by Commissioners Daniels/Ladner to approve the minutes as submitted. B. Department Report. None. V. PUBLIC HEARINGS: A. Environmental Assessment 2004-516 and Site Development Permit 2004-811; a request of Rich Boureston for consideration of adopting a Mitigated Negative Declaration of environmental impact and development plans to construct a 42,000 square foot medical office building on 3.44 acres for the property located at the southeast corner of- Washington 333 G:\WPDOCS\PC Minutes\9-28-04.doc Planning Commission Minutes September 28, 2004 Street and Lake La Quinta Drive. 1 . Chairman Kirk opened the public hearing and asked for the staff report. Staff informed the Commission that the applicant had requested a continuance to October 12, 2004. 2. It was moved and seconded by Commissioners Daniels/Quill to continue the project to September 28, 2004. Unanimously approved. B. Environmental Assessment 2004-51 1, Specific Plan 2004-073, and Tentative Tract Map 31874; a request of Stonefield Development, Inc. for consideration of establishing development principles, guidelines and programs to allow the subdivision of 40 acres into 102 residential lots for the property located at the northwest corner of Monroe Street and Avenue 53. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff asked that a condition be added per the request of the Coachella Valley Unified School District regarding providing a bus turnout on Monroe Street. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked what was happening in area 3 in the southeast section. Staff stated it was the retention basin and the other area is a park. 3. Commissioner Quill asked staff to explain the process for the annexation of this site and the environmental impacts. Interim Community Development Director Oscar Orci explained the process and the environmental determination. 4. Chairman Kirk asked about the Mitigation Monitoring Report in regard to temporary power. Staff explained they were required to " have temporary power poles to avoid onsite generators. Chairman Kirk asked if these were mitigation measures that went beyond what the Code requires. Staff explained the mitigation measures are based on CEQA, not Code requirements. 340 G:\WPDOCS\PC Minutes\9-28-04.doc 2 Planning Commission Minutes September 28, 2004 5. Commissioner Daniels asked if the cul-da-sac in the northwest corner would go to the adjacent property. Staff stated no. The property to the west is a private development and there is no intention to join the two. Commissioner Daniels asked if they could pull the cul-de-sacs back to allow more landscaping area. Staff stated this would be a question for the applicant. Commissioner Daniels asked why they submitted a Specific Plan. There does not appear to be an advantage to having the Specific Plan. What is the advantage in this project. Staff stated they have provided an enhanced multi -use trail. 6. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Mike Peroni, The Keith Companies, representing the applicant, gave a presentation on the project. He also explained the cul-de-sac would be' landscaped so it does not appear to be a dead-end street. This cul-de-sac setback from the property line is 17 feet and the other is ten feet. The setback where the equestrian facility on the north side has been increased to 30 feet wide has been enhanced for the equestrian users. In regard to the common recreation area, they have three zones of activity. Shade structure, play area, and a basketball court. 7. Commissioner Ladner asked if the City maintains the trails. Assistant City Engineer Steve Speer stated that for the most part they are maintained by the homeowners' association. Commissioner Ladner asked whose responsibility was it to insure the trail. Staff stated the HOA. Commissioner Ladner stated it will be difficult for the HOA to insure the trail area. 8. Commissioner Quill stated this may need to be answered at the staff level. Assistant City Engineer Steve Speer stated it is not in the right-of-way and therefore the responsibility of the HOA. 9., Commissioner Ladner stated the insurance carriers do not want to carry them so it may not be possible for the HOA to get the necessary insurance. City Attorney Kathy Jenson asked if an easement is to be dedicated for public use. As a basic rule there is a provision that if the City owns or controls it, it can be a responsibility of the City. If there is a cause of action the City will be liable. There could be a shared liability issue. Assistant City Engineer Steve Speer stated it is a privately maintained system. 341 G:\WPDOCS\PC Minutes\9-28-04.doc 3 Planning Commission Minutes September 28, 2004 Some of these details have not been worked out. 10. Commissioner Ladner stated it is easier for the City to insure the trail. In the instances where she has worked with an HOA to obtain insurance, the HOA has not been able to obtain the insurance. 11. Mr. Art McCaul, Stonefield Development, stated they have done a lot of developments that have horse trails. This is a lettered lot and will be dedicated to the City. In other instances it has always been a part of the Master Trail System and the City has taken the liability. From a practical manner, they want it maintained by the City. This has been an understanding they have had from the beginning. 12. Chairman Kirk asked for an explanation of Exhibit 9, on the east/west road, as the drainage does not appear to be headed toward the drainage system. Is this a subsurface system? Mr. Doug Franklin, engineer for the project, stated there will be a storm drain. The drainage will be split between Lot R and Lot U. The low points will have a catch basin. Chairman Kirk asked if they have seen the Vista Santa Rosa design guidelines. Mr. Peroni stated yes. Chairman Kirk asked if something was developed across the street in the County, will this be compatible with this development. Mr.. Peroni stated the goal is to have a rural atmosphere. 13. Commissioner Daniels asked if the two western cul-de-sacs were shortened, would there be any repercussions? Is there way to shorten the cul-de-sac without losing a lot? Mr. Peroni stated they would need to work with it to see if this could be done. Mr. McCaul stated there will be a perimeter wall and landscaping to buffer the cul-de-sacs. 14. Commissioner Daniels asked if they have any issue with the conditions. Mr. Doug Franklin stated they have a concern with the deceleration lane because with the enhanced trail, it does not appear there will be enough room. Mr. McCaul stated the property owner to the south would have more room for the deceleration lane. Assistant City Engineer Steve Speer stated it has more to do with where Sunline and the School District want their bus turnout to be located. They pick the locations and staff works with them n G:\WPDOCS\PC Minutes\9-28-04.doc 4 3 4+ Planning Commission Minutes September 28, 2004 to ensure they are safe locations. Interim Community Development Director Oscar Orci stated the condition stated a bus turn will be required if Sunline determines the need. Staff can add the school district to that condition. 15. Commissioner Quill suggested staff obtain a master bus turnout map from the school district that showed their preferred locations. 16. Chairman Kirk asked if there was any other public comment. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 17. Commissioner Daniels asked about the lot configuration. 18. Commissioner Quill stated the only way to accomplish what they want on the cul-de-sacs is to have flag lots. Staff stated the adjoining project proposes a well site at this location. Following discussion, Commissioner Daniels stated he would still like to see the cul-de-sac moved back. 19. Chairman Kirk commended the applicant on their Specific Plan. 20. Commissioner Quill stated that if the lot is deeded to the City the HOA can maintain the trail. 21. Chairman Kirk reopened the public hearing. Mr. McCaul stated they would be happy to maintain the trail. City Attorney Kathy Jenson stated there is no expressed condition that requires them to maintain the trail. She assumes the City will have an easement, but the maintenance will be on the developer and should be set out in the conditions. It is strange to have the City own the property in fee and another entity maintain it. This project will go to the City Council and staff can review the issue with the applicant. 22. It was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2004-070, recommending certification of a Mitigated Negative Declaration for Environmental Assessment 2004-511, as recommended: 343 G:\WPDOCS\PC Minutes\9-28-04.doc 5 Planning Commission Minutes September 28, 2004 ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioners Krieger. ABSTAIN: None. 23. It was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2004-071, recommending approval of Specific Plan 2004-073; as recommended: ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Krieger. ABSTAIN: None. 24. It was moved and seconded by Commissioners Daniels/ to adopt Planning Commission Resolution 2004-074 recommending approval of Tentative Tract Map 31874, as recommended and amended: a. Condition added: The applicant shall work with staff to redesign the cul-de-sac to increase the landscape setback. b. Condition added: Show subterranean drainage on Exhibit "A" of the Specific Plan. C. Condition added: If the site is critical to Sunline and/or CVUSD then a bus turnout shall be provided as approved by the Public Works Department. Staff shall obtain a copy of the Coachella Valley Unified School District's master plan of bus turnouts. d. Condition added: Staff shall work with the applicant to clarify the subject parcel for the multi -purpose trail, will be maintained by the developer or HOA. ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Krieger. ABSTAIN: None. C. Village Use Permit 2004-019; a request of Dr. John Dixon for consideration of development plans for construction of a 4,494 square foot addition to an existing 1,450 square foot building for medical office uses for the property located at the northeast corner of Desert Club Drive and Calle Cadiz. 1. Chairman Kirk excused himself due to a potential conflict of interest due to the location of his home. G:\WPDOCS\PC Minutes\9-28-04.doc 6344 Planning Commission Minutes September 28, 2004 2. Vice Chairman Quill opened the public hearing and asked for the staff report. Staff informed the Commission that the applicant had requested a continuance to October 12, 2004. 3. It was moved and seconded by Commissioners Daniels/Ladner to continue the project to September 28, 2004. Unanimously approved with Commissioners Kirk and Krieger being absent. Chairman Kirk rejoined the Commission. D. Development Agreement 2003-006, Amendment # 1; a request of the City for consideration of an Amendment to the Development Agreement by and between the City of La Quinta and CP Development La Quinta, LLC, the property located at the southeast corner of Miles Avenue and Washington Street. 1. Chairman Kirk opened the public hearing and asked for the staff report. Interim Community Development Director Oscar Orci presented the information contained in the report a copy of which is on file in the Community Development Department. 2. There being no questions of staff and no public comment, Chairman Kirk closed the public participation portion of the hearing. 3. It was moved and seconded by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2004-073, approving Development Agreement 2003-006, Amendment #1, as recommended: ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioners Krieger. ABSTAIN: None. E. Environmental Assessment 2004-521 and General Plan Amendment 2004-102; a request of the City for consideration of adopting a Negative Declaration of environmental impact and Amendment to the General Plan Housing Element. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information 345 G:\WPDOCS\PC Minutes\9-28-04.doc 7 Planning Commission Minutes September 28, 2004 contained in the report a copy of which is on file in the Community Development Department. Staff introduced Colin Drukker, The Planning Center, who gave a presentation on the Housing Element. 2. Commissioner Daniels asked if the figures presented were the percentages for this region as provided by SCAG. Mr. Drukker stated yes. Six percent of the new construction growth anticipated by SCAG was the figure given to La Quinta. 3. Chairman Kirk asked what was the most cost effective program, in different cities, for diversifying housing stock. Mr. Drukker stated the use of Redevelopment funds as the State mandates the 20% set -aside for housing. The most cost effective is using these funds in a partnership with a non-profit builder. 4. There being no further questions of staff, Chairman Kirk asked if there was any other public comment. Mr. Arturo Rodriguez, CVRLA, stated his comments were based on an earlier copy of the Housing Element and found out today they were reviewing an older version and would request additional time to review and prepare comments. In regard to'the staff report, reference was made to their letter of May 10" letter, but no mention to their August 11 t' letter which expanded on their comments stated in the May 10" letter. They have not had any communication with staff on either letter. 5. Chairman Kirk asked staff's response. Mr. Drukker stated the draft Housing Element June copy was the same as this version. The Negative Declaration has been out for review and the comment period has ended. Staff has responded to the August 11 to letter. Chairman Kirk asked if this correspondence had been given to the Commission. Principal Planner Fred Baker stated the Draft Element has been in its third review with the State. The State asked that the Draft Element be distributed to seven agencies with a response within ten days. Staff has been in the process of responding to the comments that were received from those agencies. Chairman Kirk asked if there were any ramifications to continuing this for two weeks. 6. It was moved and seconded by Commissioners Daniels/Quill to continue this item for two weeks. Unanimously approved. G:\WPDOCS\PC Minutes\9-28-04.doc 8 346, Planning Commission Minutes September 28, 2004 Chairman Kirk excused himself due to a potential conflict of interest and left the dais for the next two agenda items. F. Site Development Permit 2004-813; a request of Desert Cheyenne for consideration of architectural plans for three prototypical floor plans, common area and perimeter landscape plans for a 128 single-family subdivision on ± 80 acres, for the property located at the southwest corner of Avenue 52 and Monroe Street. 1. Vice Chairman Quill opened the public hearing and asked for the staff report. Interim Community Development Director Oscar Orci presented the information contained in the report a copy of which is on file in the Community Development Department. 2. There being no questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. John Pedalino, Desert Cheyenne, gave a presentation on the project. 3. Vice Chairman Quill asked if there was any other public comment. There being no other public comment, Vice Chairman Quill closed the public participation portion of the hearing. 4. Vice Chairman Quill asked if there was any submittal on the Ehline property. Staff stated no. When it is submitted, the Commission will have to review the site plan as well as its compatibility with the adjoining residences. 5. Commissioner Ladner informed the Commission she had assisted the applicant on obtaining some real estate figures and did not believe this was a conflict. City Attorney Kathy Jenson agreed. 6. It was moved and seconded by Commissioners Daniels/Ladner to adopt Planning Commission Resolution 2004-074, recommending approval of Site Development Permit 2004-813, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, and Vice Chairman Quill. NOES: None. ABSENT: Commissioners Kirk and Krieger. ABSTAIN: None. G. Village Use Permit 2004-024; a request of Kristi W. Hanson, Inc. for consideration of architectural plans for a two-story, 6,354 square foot 347 G:\WPDOCS\PC Minutes\9-28-04.doc 9 Planning Commission Minutes September 28, 2004 commercial building on a 0.40 acre site for the property located at the southwest corner of Desert Club Drive and Calle Barcelona. 1. Vice Chairman Quill opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Vice Chairman Quill asked if there were any questions of staff. Commissioner Daniels asked if they would have fewer parking spaces in order to maximize the building space and if those parking spaces would be covered. 3. Commissioner Ladner stated she was concerned with the amount of parking being provided. Staff explained the parking issues in the Village. 4. There being no further questions of staff, Vice Chairman Quill asked if the applicant would like to address the Commission. Ms. Kristi Hanson, the applicant, gave a presentation on the project and explained the reason for the 24-foot drive aisle was to have the extra landscaping. They are in the process of coming up with the design for the parking lot. 5. Commissioner Daniels asked why not have a 28-foot aisle. Ms. Hanson stated the aisle is required to be 26 feet and asked why would they need a wider opening. Staff explained. 6. Vice Chairman Quill asked if there was any other public comment. There being no other public comment, Vice Chairman Quill closed the public participation portion of the hearing. 7. Vice Chairman Quill stated he understands the parking issue but prefers the reduction. He does not mind on -street parking where it is adequate. He really likes the design of the project and he is in favor of granting the concession in parking.spaces. 8. It was moved and seconded by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2004-075, recommending approval of Site Development Permit 2004-072, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, and Vice Chairman 348 G:\WPDOCS\PC Minutes\9-28-04.doc 10 Planning Commission Minutes September 28, 2004 Quill. NOES: None. ABSENT: Commissioners Kirk and Krieger. ABSTAIN: None. VI. BUSINESS ITEMS: A. Sign Application 2004-794; a request of Image Point for Torre Nissan for consideration of new signs for the existing Torre Nissan auto dealership located at the southeast corner of Highway 1 1 1 and Auto Center Drive. 1. Chairman Kirk asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted the main wall signs are not limited to 40 square feet as stated in the report. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Quill asked if the assumption could be made that if the "Torre Nissan" sign is approved the banner will go away. Staff stated no, the banners are allowed to remain at the discretion of the dealers. 3. Chairman Kirk asked if the sign program approved 40 square feet for the main signs. Staff stated there is no maximum except for height. 4. There be no further questions of staff and no other public comment, the public participation portion was closed and open to Commission discussion. 5. It was moved and seconded by Commissioner Quill/Ladner to adopt Minute Motion 2004-014, approving Sign Application 2004- 794, as recommended. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Interim Community Development Director Oscar Orci reviewed the information given to the Commission on temporary tent provisions. 343 G:\WPDOCS\PC Minutes\9-28-04.doc 11 Planning Commission Minutes September 28, 2004 IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Quill to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on October 12, 2004, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:54 p.m., on September 28, 2004. Respectfully submitted, . S yer, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\9-28-04.doc 12 3 J 0 DEPARTMENT REPORT: S - A OCTOBER 19 OCTOBER 26 OCTOBER 28 NOVEMBER 2 NOVEMBER 2 NOVEMBER 16 NOVEMBER 18 DECEMBER 7 DECEMBER 16 CITY COUNCIVS UPCOMING EVENTS CITY COUNCIL MEETING CITY COUNCIL/BIA LUNCHEON ANNUAL HEALTH FAIR AT SENIOR CENTER - 9:00 A.M. CITY COUNCIL MEETING ELECTION DAY CITY COUNCIL MEETING ANNUAL THANKSGIVING LUNCHEON AT SENIOR CENTER -11:30 A.M. CITY COUNCIL MEETING ANNUAL HOLIDAY LUNCHEON AT SENIOR CENTER -11:30 A.M. 3w1 October 2004 La Quinta City Council Monthly. Planner 1 iz 3 4 5 6 7 8 9 2:00 PM City Council 10:00 AM ALRC Meeting 10 11 12 13 14 15 16 6:00 PM League- 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM CVAG Energy/ Henderson Abate. -Perkins Henderson Envi-Sniff 7:00 PM Com. Serv. 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts Comm. Commission Advisory Board Commission 17 18 19 20 21 22 23 10:00 AM Pub. Sfty. - 9:00 AM CVA-Henderson 9:30 AM Animal Campus Perkins 2:00 PM City Council - Henderson 12:00 PM Transp. Cmte. Meeting 3:00 PM Historic Preser- - Perkins vation Commission 24 25 26 27 28 29 30 6:00 PM CVAG-Exec 12:00 PM City Council/ 12:00 PM CVAG Human/ 9:00 AM LAFCO- Com-Adolph BIA Luncheon Meeting Conan -Osborne Henderson 7:00 PM Planning 12:00 PM Sunline-Adolph Commission 4:00 PM ORRA Airp- Osborne 35� November 2004 La Quinta City Council Monthly Planner December 2004 La Quinta City Council Monthly Planner 2 3 4 �l! November 04 ii �E' January 05 I. I�IlI;j i'slfili ! 10:00 AM ALRC !!!_: S M T W T F S ,� ; S M T W T F Si 1 2 3 4 5 61 Ij itl 7 8 9 10 11 12 13 �) l 2 3 4 5 6 7 8 ll��l 14 15 16 17 18 19 20 ! t 9 10 11 12 13 14 15 16 17 18 19 20 21 22 €?lt:ti sill1 21 22 23 24 25 26 27 23 24 25 26 27 28 29 '1! 28 29 30 i ! 30 31 El ins 5 6 7 8 9 10 11 2:00 PM City Council 9:00 AM RCTC- 9:30 AM Animal Campus Meeting Henderson 12:00 PM CVAG Energy/ 5:30 PM Investment Envi•Sniff 11:30 AM - 3:30 PM Advisory Board 7:00 PM Cultural Arts Holiday Open House Commission 12 13 14 15 16 17 18 7:30 AM CVEP-Adolph 7:00 PM Mosquito 3:00 PM Historic Preser- 10:00 AM CVAG Pub. Abate. -Perkins vation Commission SftyPerkins 7:00 PM Planning 12:00 PM CVAG Transp- Commission Perkins 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 19 20 21 22 23 24 25 12:00 PM SunLine- 9:00 AM CVA-Henderson 12:00 PM CVAG Human/ 9:00 AM LAFCO- Adolph 2:00 PM City Council Comm -Osborne Henderson 0 0 Meeting 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Christmas Eve Christmas Day Osborne (City Hall CLOSED) (City Hall CLOSED) 1st Day of Winter 26 27 I 28 29 30 3 6:00 PM CVAG-Exec 7:00 PM Planning Com-Adolph Commission l �llll it€ t New Years Eve (City Hall CLOSED) l:ijl=i it l E t { �� l•'itft�' . Printed by Calendar Creator Plus on 10/15/2004 3�4 —r- DEPARTMENT REPORT: 5-3 0.00 00e a-& 4 44" Imonomm��'�� OF T9 TO: Honorable Mayor and Members of the City Council FROM: June Greek, City Clerk DATE: October 19, 2004 SUBJECT: Appointment to the Community Services Commission As of the October 5, 2004 deadline, only one application has been received for the Community Services Commission. The advertisement seeking applications appeared twice in the Local Section of the Desert Sun. Since only one applicant has responded (Attachment 1), staff felt it was appropriate to seek Council's direction. The City Council may wish to direct the City Clerk to re -advertise the position or to place consideration of the application on the next agenda for action. Attachments: 1. Application of John G. (Jack) Fleck 355 glef 10 -a 91 '_ _ .. - T / t '- /. 4,f u /e Date: 10 / 3 /.29 i— CITY OF LA Q UINJX40CT - 4 aArt9= 3 0 APPLICATION TO SF c° r� _ 's ®l�� ON LA QUINTA COMMUNITY SERVICES COMMISSION NAME: HOME ADDRESS: 48-425 Via Solana, La Quinta, CA 92253 TELEPHONE: (HOME) 760-771-2544 BUSINESS: EMAIL: JGFStock@AOL. COM FAX: 760-771-2544 BUSINESS ADDRESS n / a IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD, LENGTH OF RESIDENCE IN LA QUINTA: 8 / 16 / 9 5 HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? NO Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Native, Philadelphia, Pa. Married 1954, wife, Betty: 6 children, 14 grandchildren. Education : Lehigh University, Temple University. Major. E�auo�a�:^sTEnli steel ri.SAF�January, 1951 . RAyup 3 ; n t-hP Maughall' sTslands• 4k Korea - 1 9 51-1 9,5 2 . Honorable discharge, Dec .19 5 4 Sales Manacfement as follows: 1955-1966 Fleck Bros. Co., Camden, N.J. Distributor - 1967-1970 Urethane Fabricators,, Camden, N.J. Manufacturer-1970-1985 The Upjohn Company,, -CPR Division, Torrance, CA Plastics, 1985-1993 Dow Chemical Co. Midland, Mich..Plastics--Retired 1993-1999 Resource America, Southampton, Pa. Retired 002 35 APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. (VFW Entry), use of the Senior Center for VFW Meetings and dedication of th T.a Qiii nt-a Mnnumant- hnnnri ncs Arti gtg, Rpnrtg Figures and Veterans expari am A and al an frnm a nreRpntati an by Director Dodi a Horvitz to VFW Pest 865. What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? Plan and develop -programs to respond to the needs of an ethnically diverse, ragid1y growing community, and enhance good -will and respect for the City. Listen to the concerns/needs of the residents. Work —EQ3 -era ;Apr-s*n-itsr resgou-68,,ut i imposed future Program change What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? • ■ • • �� i1h a• _0-M wel • _ • •WRIFA-1 77=1rah- • •are'l oS 1r=111 Wzzfe I IVA 4• • their view po ints. A strong sense of - PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 35 003 OTHER EXPERIENCE: Sigma'Phi Epsilon Social Fraternity, Officer, Life Member Grace Presbyterian Church - Jenkintown, Pa. Deacon, Elder, Education Chairman Sales Training - The Upjohn Company & Dow Chemical Co. American Management Assoc. Seminars/Leadership, Diversi-'y & Management. Training Local Election Official - Registrar of Voters 1996 - Present VFW District 22 - Chairman-- Youth Programs 004 3;; 3 DEPARTMENT REPORT: 4 v 54 � 5 of T19 TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety -T-' 4-- DATE: October 19, 2004 RE: Monthly Department Report - September 2004 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of September. The reports depict the following highlights: • Year to date building permit valuation is $275,290,303 which represents an issuance of 3,932 building permits through September; • 1,731 animal control cases have been handled through September; • 1,575 code compliance cases have been initiated through September; • $1,060.00 - garage sale permit income in September 359 y � rjl CCD �r CD CD CD CD Cr aCD CD CD a� a aCD a �•a'a CDCD CL . O CD 00 CD V? N O UOR En CD ITJ CD (.D �r.a CD P. �a� CD a a0 CD CAD Ct„tD N C c O N O N N O O N o rip O E CD i o q 1 0 ° 1 q ON\ � 0-- . vNi oo CD OW `p LA w N J p w O\ pv.. 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P:\Monthly Report Folder\SEPT 2004 - for merge.doc 3 6 4 COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT REPORT SEPTEMBER 2004 PROJECT DESCRIPTION CUP'S 0 submitted Cove Checks 7 Inspections completed Development Agreements 0 submitted Environmental Assessments 4 submitted General Plan Amendment 1 submitted Lot Line Adjustments 2 submitted Minor Adjustments 0 submitted MUP's 19 submitted Parcel Maps 0 submitted Parcel Mergers 1 submitted Sign Permits 13 submitted Site Development Permits 3 submitted Specific Plans 1 submitted Subdivision Plan checks 3 performed Tentative Tract Maps 2 submitted TUP's 15 submitted Zone Change 1 submitted Zoning Code Amendments 0 submitted 02 P:\Monthly Report Folder\SEPT 2004 = for merge.doc 3F5 Q a) .- N 0 c > o O aO �" Cl)� . Q 4-0 �•�' 00 1 00 E y U cc V p. 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'C 'L- m Q 0 0 0 J J C N C 0 _ C �-+ 06 H c 4- CL +� c 0 V 0 be EU c rn � L C_ J C °� 'C cc _E m t a a) cc 07 370 DEPARTMENT REPORT: `o V � ti5 c� OF TO: FROM: DATE: SUBJECT: HONORABLE MAYOR AND MEMBERS OF THE CITY C CIL DODIE HORVITZ, COMMUNITY SERVICES DIREC OCTOBER 19, 2004 TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF SEPTEMBER 2004 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF NOVEMBER 2004: Nov 1 *Exercise Class Nov 1 *Putting Contest Nov 1 *IID Energy Assistance Program Nov 1 Beginning Line' Dance, Senior Center Nov 1 Tap & Movement Dance, Senior Center Nov 1 Hip Hop Dance Teen, Senior Center Nov 2 *Knitting Class Nov 2 *Hand Crafts Class Nov 2 *Tap Dance Nov 2 La Quinta Middle School Volleyball Tailgate Bash, Sports Complex Nov 2 Belly Dance Level 2, La Quinta High School Nov 2 Italian for Travelers, Senior Center Nov 3 *Beginning Conversational Spanish Nov 3 *Sketch Drawing -Class Nov 3 Basic Self Defense, Senior Center Nov 3 Sharpen Your Self Defense Skills, Senior Center Nov 3 Mat Pilates, Senior Center Nov 4 *Watercolor Lessons Nov 4 *Tai Chi Class Nov 4 *Ballroom Dancing Class Nov 4 A Life Worth Writing — Yours!, Senior Center Nov 4 Beginning Belly Dance, La Quinta High School Nov 5 *Woodcarving Class Nov 5 La Quinta High School Tailgate Bash, La Quinta Park Nov 7 Carlsbad Village Faire Excursion Nov 8 Hip Hop Dance Pre -Teen, Senior Center Nov 9 *Drama Class 371 Nov 9 Beginning Watercolor, Senior Center Nov 9 Adobe Photoshop Elements Advanced Course, Senior Center Nov 10 How to Eat, Move, & Be Healthy, Senior Center Nov 10 Beginning Drawing, Senior Center Nov 10 Intermediate Computers, Senior Center Nov 11 Veteran's Day Tribute & Acknowledgement Ceremony, Civic Center Campus Nov 12 *Pilates Class Nov 12 *Evening Dance Nov 12 *Free Legal Consultations Nov 13 Adult Soccer Tournament, La Quinta Park Nov 15 Ballet Barre Workout, La Quinta High School Nov 16 *Arthritis Tai Chi Nov 16 *Free Hearing Consultations Nov 16 *Complementary Dog Training Class Nov 18 *Thanksgiving Luncheon Nov 18 *Free Medicare and Insurance Counseling Nov 18 Dance, Play, & Pretend, La Quinta High School Nov 18 Beginning Ballet, La Quinta High School Nov 18 Adobe Photoshop Elements Introductory Course, Senior Center Nov 19 *CPR/ First Aid Class Nov 20 Algodones, Mexico Excursion Nov 22 *Hatha Yoga Class Nov 22 Learn to Master Skateboarding, Fritz Bums Skate Park Nov 22 Mastering Microsoft Excel, Senior Center Nov 23 Yoga Electica, Senior Center Nov 24 Yoga Somatica, Senior Center *Daytime Senior Center dass or activity 37121 t Monthly & Yearly Revenue for the Month of September 2004 Monthly Revenue - Facility Rentals 2004 2003 Variance Senior Center $ 2,140.00 $ 2,810.00 $ 670.00 Parks $ 200.00 $ 100.00 $ 100.00 Monthly Facility Revenue $ 2,340.00 $ 2,910.00 $ 570.00 Year to Date Facility Revenue $ 89738.00 $ 49635.00 $ 49103.00 Monthly Revenue Senior Center $ 13,993.50 $ 11,316.00 $ 2,677.00 Community Services $ 11,790.00 $ 14,211.00 $ 2,421.00 Total Revenue $ 269783.50 $ 259527.00 $ 256.00 Revenue Year to Date Senior Center $ 20,789.50 $ 18,238.00 $ 2,551.50 Community Services $ 32,915.00 $ 29,825.00 $ 3,090.00 Total Revenue to Date $ 53,704.50 $ 48 063.00 $ 5,641.50 3'7 3 U Community Services Department Attendance Report for the Month of September 2004 Summary Sheet Program 2004 2003 Variance Sessions Per Month 2004 2003 Leisure Classes 142 66 76 63 20 Special Events 85 111 -26 4 4 Adult Sports 371 432 -61 19 20 Senior Center 879 968 -93 91 84 Total 1,477 19577 404 177 128 Senior Services Senior Center 398 562 -164 24 19 Total 398 562 -164 24 19 Sports User Groups La Quinta Park Use AYSO 1100 980 120 4 14 Sports Complex Diamond Ringers Softball Club 15 15 0 2 5 Desert Storm Baseball Club 14 0 14 9 0 La Quinta Heat 14 0 14 9 0 AYSO 400 420 -20 4 14 Facil' /Park Rentals Senior Center Private Pa 300 0 300 2 0 Church 480 550 -70 8 8 Boys & Girls Club Private Party 80 60 20 2 2 Park Rentals La Quinta Park Rental 80 50 30 2 1 Fritz Bums Park Rental 40 50 -10 1 1 Total Z523 29125 398 43 45 Total Programs 40398 49264 110 Ml 192 Volunteer Hours Senior Center 2971 313 -16 Total Volunteer Hours 1 2971 313 -16 _3 74 Community Services Program Report for September 2004 2004 2003 2004 2003 Participants Participants Variance Meetings Meetings Leisure Classes Intermediate Belly Dance 5 5 0 2 2 Beginning Belly Dance 14 5 9 2 3 Line Dance 6 14 -8 3 2 Classic/ Latin Ballroom Dance 6 6 0 3 3 Hip Hop Dance Teen 6 0 6 3 0 Hip Hop Dance Pre -Teen 9 0 9 3 0 Beginning Ballet 8 0 8 3 0 Dance, Play & Pretend 6 0 6 3 0 Tap & Jazz Combo 4 0 4 3 0 Hatha Yoga 18 22 -4 9 5 Basic Self Defense 2 0 2 3 0 Skateboarding 9 0 9 6 0 Beginning Guitar 17 0 17 3 0 All Aspects of Interior Design 11 0 11 3 0 Italian for Travelers 5 0 5 3 0 Adobe Photoshop Intro 5 6 -1 3 2 Adobe Photoshop Advanced 4 0 4 3 .0 Beginning Computers 3 8 -5 2 3 Microsoft Word 41 01 4 3 0 Totals 1421 861 76 63 20 2004 2003 2004 2003 Participants Participants Variance Meetings Meetings Special Events Westin Mission Hills Golf Course 30 41 Summer Golf Tour Banquet 30 50 -20 1 1 Soccer Managers Meeting 15 20 -5 1 1 LQ Skate Park Groundbreaking 101 01 10 1 1 Totals 851 111 -261 41 4 2004 2003 2004 2003 Participants Participants Variance Meetings Meetin s Adult Sports Open Gym Basketball 151 212 -61 18 18 Adult Soccer League 220 220 0 1 2 Totals 371 432 -81 19 20 Recreation Totals 598 609 -11 86 44 g�� Senior Center Attendance _Participation Participation Variance Meetings Meetings 2004 2003 2004 2003 Senior Activities ACBL Bride 168 110 58 5 3 Bridge, Duplicate/Social 286 425 -139 14 15 Computer Open House 14 17 -3 14 1 Monthly Birthday Party 27 28 -1 1 1 Monthly Luncheon 71 94 -23 1 1 Movie Time 67 76 -9 9 8 Senior Activity Total 633 750 -117 44 29 Senior Leisure Classes 0 Ballroom Dance 29 20 9 8 8 Ballroom Dance Workshop 13 0 13 1 0 Computer 34 -34 15 Exercise 49 40 9 12 12 Golden Tones 68 56 12 4 3 Pilates 9 0 9 2 0 Quilting 40 27 13 5 4 Sketching/DrawingSketching/Drawing 7 4 3 3 4 Tai Chi 16 24 -8 5 5 Watercolor 11 13 -2 3 4 Yoga 4 0 4 4 0 Senior Leisure Classes Total 246 218 24 47 55 TOTAL SENIOR PROGRAMS 879 968 -93 91 84 Senior Services AARP "55" Course 36 30 6 2 2 FIND Food Distribution 206 405 -199 4 4 Hearing Consultation 1 1 0 1 1 I.I.D. Energy Assistance 89 63 26 9 8 I.I.D. Energy Assistance/No fee 11 2 9 5 1 Legal Consultation 5 5 0 1 1 Medicare/Hi Cap Consultation 3 5 -2 2 2 Volunteers 47 51 -4 n/a n/a TOTAL SENIOR SERVICES 398 562 -164 24 19 SENIOR CENTER TOTAL 1277 1530 .2571 5T 103 3'7 G r(!6 DEPARTMENT REPORT: 9 o� �o JW-01"ATM 44 � .45 OF 'ram TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: October 19, 2004 RE: Public Works/Engineering Department Report for September 2004 Attached please find the following: 1. Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks; and 5. Jefferson Street Roundabout Memorandum. ()imrothy R. J Hass Public Works Direc r/City Engineer 37", Y O } N } J } z O N W W W NV Y� W N z W `N r E5 O 0 N W W a W N R6 N N CO LO O It co N •— O O O x. 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'v� _ 'cn •o w ° x cn CCL p Cl) co > O (n (a is X a) O O 0aA O fi Ln d' O O ,., I— � n s p . .. ., �\ �L cc C (D r,'I O O /o yam� \V O e— O .. O O E A, i • • g 1 �• E ■ 4 m m 1 1 Ltd ■— E Y/ Zh= O O M N M aOW ° O N O O O O (n U d, Z C 0 0 N N ' 1 1 m m 1 N N Cfi O 1 N `— 0 M O e- O r (D U) O O O M O O O r- 00 O O O O O O O O O O O W U CO tr) r- N CM to M � In m r**- O to d' �t I\ O 0) -"0 %(O O V- (M ('M 00 �- m m r- N •cJ> -J> M C CD > a) C m m La a) 0 a O X m 6. rn 0 J O a) > Q O a� � O N a c ° + 06 � ca ;+_ Fn � _ ° +- m c N 0 0 a 0 C p o° _� U ,� -a cn c m U M m 0 rn J o •o U c L U) ■C (ncc ca N 0CL > cc c E cL c Q 0: I— J Z Of Z Q R U- N 0 J (n U) ca (n ,. MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: September, 2004 Em to ee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activi 4 Men 4 Men 2 Men 1 Man Total 1000 Policing/Inspection 47 44 1 34 126 1001 Pot Hole -Repair/Patching 54 50 0 0 104 1002 Crack/Joint Repair 0 0 0 0 0 1003 1 Pavement Marking/Legends 0 0 0 0 0 1004 1 Pavement Marking/Striping 0 0 0 0 0 1005 Curb Painting 0 0 0 0 0 1006 Other Traffic Controls 26 20 0 0 46 1007 Curb & Gutter Re air/Const. 0 0 0 0 0 1008 Other Concrete Re airs/Const. 1 8 0 0 9 0009 Street Sign Install New 18 16 1 0 35 1010 Street Sign Repair/Maint 98 16 8 3 125 1011 Debris Removal 2 5 0 5 12 1012 IRi ht of Way Maint. 6 71 12 0 89 1021 CLEAN Catch Basin Inlet/Outlet 0 10 4 1 15 1022 Rondo Channel OutleWault 0 0 0 0 0 1022A Desert Club OutletWault 0 0 0 0 0 1023 Retention Basins Repair/Maint. 16 44 0 6 66 1024 Gutter/Median Sand Removal 0 0 0 0 0 1025 Street Sweeping Machine 160 0 0 0 160 1026 Street Sweeping Hand 0 22 0 0 22 , 1027 Sidewalk/Bike Path Cleaning 3 0 0 1 4 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 6 0 6 1031 Parks/Retention Basins Inspection/Clean- 4 62 61 1 128 1041 Mowing/ Weeding, Shrubs & Tree Trimmin 2 7 52 1 62 1051 Landsca e/lrri ation Contract Mana eme 4 0 146 22.5 172.5 1052 Lighting/Electrical Contract Management 0 0 0 22 22 1061 Small Tools Repair/Maint. 1 0 0 0 1 1062 Equipment Repair/Maint. 8 0 0 8 1063 Vehicle Repair Maint. 26 44 0 0 70 1081 1 Trash/L-itter/Recycable Removal 6 0 0 0 6 1082 lVandalism Repairs 0 0 0 0 0 1083 Graffiti Removal 87 47 24 0 158 1084 Maint. Yard Building Maint. 29 0 4 0 33 1085 Seminars/Training 12 0 16 5 33 1086 Special Events 0 0 6 0 6 1087 Citizen Complaints/Requests 116 34 18 0 168 1088 Meefin 13 18 8 29 68 1089 Office Phone, paper work, reports, Viscj 9 32 9 56 106 SUBTOTAL 740 558 376 186.5 1860.5 1091 Over Time 16 16 26 0 58 1094 Jury D ) 0 0 0 0 0 1095 Sick Leave 8 16 8 0 32 1096 Vacation 20 2 0 5.5 27.5 1097 1 Holiday 32 32 16 8 88 1098 lWorkman Comp. 0 192 0 0 192 1099 1 Bereavement 0 0 0 0 0 SUBTOTAL 76 258 50 13.5 397.5 TOTAL HOURS 816 816 426 200 2 8 TOTAL MILES 2892 25071 1329 477 7 05 383 MEMORANDUM TO: Honorable Mayor and City Council Members FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: October 19, 2004 RE: Jefferson Street Roundabout Background City staff was requested to review traffic operations at the roundabout located at the intersection of Jefferson Street and Avenue 52. Plans depicting the existing and proposed signing and striping were drafted by NAI Consulting. These plans were sent to Peter Doctors with Parsons Brinckerhoff in Boston, MA., the original design engineer of the roundabout. His recommendations were reviewed by the City Traffic Engineer in conjunction with City engineering staff. Their recommended changes are presented in this report. Recommended Modifications City staff reviewed the existing operation of the Jefferson Street and Avenue 52 roundabout. Based on this review, a number of signing and striping modifications were designed to clarify to drivers approaching this intersection that: • They are about to enter a roundabout controlled intersection and should reduce speeds to 20 mph or less; and that • Traffic entering the roundabout must yield to traffic in the roundabout and to any pedestrian crossing the street in the marked crosswalk In addition to the proposed signing and striping modification it should be noted that the center island is raised and landscaped, and subtly brings attention to motorists that this is not a typical intersection. The proposed changes also include upgrading signs to current standards as identified in the Manual on Uniform Traffic Control Devices (MUTCD). In addition to the above, the another key issue that City staff needed to address was whether the roundabout should provide for two lanes on the circulator roadway around the center island or whether the roundabout should remain a single lane roundabout with dual approach lanes. 8 3g4 Plans depicting the existing and proposed signing and striping were sent to Peter Doctors, the original design engineer of the Jefferson Street and Avenue 52 roundabout. His comments are attached. City staff generally concurs with his recommendations concerning the proposed signing and striping modifications except for the deletion of the second R-10 "One Way" signs on the roundabout facing all four approaches. This sign should be retained for approaches but be relocated 20 feet to the left of the four locations shown on the plan. As to whether the roundabout should provide for two lanes on the circulator roadway, City staff concurs with the recommendation and reasons stated in his letter supporting it. Roundabouts provided with two lanes on the circulator roadway suffer from conflicts with other vehicles caused by sudden lane changes when drivers realize they are in the inner lane at the point where they want to exit the roundabout. In addition, drivers approaching the roundabout only have to focus on yielding to a single lane of moving traffic on the roundabout. With two lanes, the selection of adequate gaps in traffic on the circulator roadway becomes more complex leading to increased conflicts. Additionally, if the circulator road is striped for two lanes, the rear wheels of trucks traveling around the center islands will "off track" from the front wheels and the truck will occupy both lanes. Any vehicle traveling along side the truck would risk being side swiped. Reduced Lane -Width Concept The circulator road is 24 feet wide, which makes it appear to be wide enough to be striped for two lanes. To make it clearer to drivers that this is a single lane roundabout, an additional modification would include striping a 6-foot area around the center island with cross hatch markings. This area could then be encroached by trucks if needed but would make it clear to other users that the circulator road provides a single travel lane. Staff does not intend to install 6-foot barrier stripe at this time but will continue to monitor the. accident rate of the roundabout. Modifications to be Implemented The final signing and striping plan will include the modifications, as recommended, with one minor exception relating to the second "One-way" sign. Staff will implement the signing changes utilizing city street maintenance staff. The striping changes will be outsourced to the striping contractor that re -stripes the streets conjunction with the recently awarded slurry seal contract. The estimated cost to implement the proposed modifications is $5,000. There is sufficient funding in the street maintenance budget to accomplish the work. A 0 MOISR� Parsons 75 Arlington Street BdnckerhoK Boston, MA 02116 617-426-7330 Fax: 617-482-8487 ---goo YEARS YEARS September 9, 2004 Steven Speer Assistant City Engineer City of La Quinta P. 0. Box 1504 78-495 Calle Tampico La Quinta CA 92253-1504 Subject: Safety Evaluation of The Jefferson Street/Avenue 52 Roundabout Dear Mr. Speer: As requested, I have completed the safety evaluation of the Jefferson Street/Avenue 52 roundabout. My evaluation included reviewing the plans showing the proposed signing and striping modifications for the roundabout at Jefferson Street at Avenue 52. I also reviewed the traffic volume and crash data provided by the City staff. Based on my review of the information provided, my analysis indicates the following: • The.R-10 sign on the left-hand side of each approach road should be substituted for an R- 10A. • The SNS signs should be installed at the locations shown for the Type.K markers. The SNS signs should be mounted at a height of 54 inches from the bottom of the sign to the roadway pavement. • The second R-10 sign should be deleted. • An advisory 20 mph sign should be installed below a W28 sign placed 500 feet in advance of the roundabout on all approach roads. • The R1-2 signs on the right-hand side of each approach should be moved 35 feet further upstream from where they are currently shown on the plan. I also .addressed the question of whether the circulator roadway around the roundabout should be restriped to provide two lanes. In my opinion, such a restriping in unnecessary for the following reasons: • The crash data show that people are failing to yield and driving too fast. There was only one sideswipe type crash. Based on the crash data, doing anything to circulator roadway would not help the crash pattern. • The Federal Highway Administration does not recommend striping two lanes, only spiral lane striping under special circumstances. With the design that was used at Jefferson Street and Avenue 52, there would be no real tangible benefits to providing spiral type striping. Over a Century of Engineering Excellence 10 386 y00 YEARS Page 2 September 9, 2004 • The traffic volumes and delay do not indicate any capacity problem. Circular striping would cause drivers to stop using the left lane on the approach because of fear of being trapped in the inner lane of the circle, and may cause delays. • A combination of the proposed signing and striping revisions as well as providing additional landscaping in the central island to increase visibility of the central island would be the most effective means of reducing both speeds and crashes. I hope the above information adequately addresses the City's concerns about the operation of the roundabout at Jefferson Street and Avenue 52. Sincerely, PARSONS BRINCKERHOFF Peter I Doctors Supervising Engineer Over a Century of Engineering Excellence 11 387 g @"WM s- "WNW Is eA N an" a •. ww+arw.�w��-awn • �veotm�M�,w�ow�e�tv�us.�t.rw NO 80 0 Oft AN Irn e. Iduln - NU aownpl L--�) I E q N DEPARTMENT REPORT: 9 CITY OF LA Q UINTA POLICE DEPARTMENT MONTHL Y REPORT September 2004 390 City of La Quinta La Quinta Police Department Captain John Horton, Commanding September, 2004 Highlights (Numbers in parenthesis denotes number of calls for service that day) Wedng&— + 09-01-04 (51): 0815 hours - Deputy White arrested Martin Montano for burglary after responding to 79901 SR I 1 I (Home Depot) to investigate a theft of tools from the location. The investigation revealed that Montano entered the store, selected a set of power tools and attempted to leave without paying. The anti -theft device activated as the suspect exited the business. Employees gave chase and apprehended Montano a short distance away. Montano was booked into the Indio Jail. Tharsdav, 09-02M (70): 1503 hours - Deputy Gaunt arrested Phillip Dominguez (20 years) for driving under the influence during a vehicle stop at SR I I 1 and Simon Dr. Dominguez was booked into the Indio Jail. Friday, 09-03-04 (73): No significant activity to report. Saturday, 09 No significant activity to report. Sandav, 09405-04 (33): Deputy Dusek investigated a traffic accident at SR 11 I and Depot Dr. Maria Lucio was traveling EB on SR I I 1 and stopped for the red traffic signal. Richard McCoy failed to stop and collided with Lucio's vehicle in a rear end collision. McCoy then crossed the W/B lanes of traffic and struck a traffic signal on the N/E side of the street. McCoy was found to be driving under the influence. Due to Mc Coy's medical condition, heart and back, charges will be filed out of custody. Monday, 09-06-04 MI. - No significant activity to report. Tuesday, 09-07-04 (6-81: 0558 hrs-Deputy Harter responded to the 78000 block of Saguaro Rd. in the city of La Quinta in reference to a disoriented elderly male who had locked himself out of his house. Upon arrival, the male subject, Robert Burman (67 years), was found inside his house. As Deputy Harter spoke with Burman it appeared he was suffering from a mild form of dementia. Burman rambled on about various things that did not make any sense. He also made a couple of comments directed to Senator Battin saying he had a lawsuit filed against Senator Battin. He also spoke of Senator Battin in profane and derogatory terms. Deputy Harter noted that Burman he did not make any threats towards Senator Battin or anyone else. Since Burman did not appear to be a danger to himself or to others he was allowed to stay at the residence. Deputy Harter prepared a detailed report to document the incident. Deputy Donivan was also present and tape-recorded Burman's statements. The tape was entered into evidence. Wednesday, 09-08-04 (62): No significant activity to report. Thursday, 09-09-04 n: No significant activity to report. Friday, 09-10-04 (63): No significant activity to report. Saturday, 09-11-04 (83): Heavy winds and rain caused numerous trees to fall in the roadway in the areas of PGA West and the Trilogy development. Personnel from the department of Public Works responded and handled the road debris. The storm also caused numerous alarms to be activated in the city. Sunday, 09-12-04 (61): No significant activity to report. Monday, 09-13-04 (75): Deputy Pierce investigated a report of the annoying of a minor child at Dune Palms and Miles in the City of La Quinta. It was reported that several times in the past week a female minor (12 years) was approached by a Hispanic male as she walked to school at approximately 0630 hrs. The young victim said the man stares at her and makes lewd comments to her as she walks past him. The victim says the suspect wears construction worker type clothing described as a white shirt, denim pants and a white hat. He is described as being about 5'OT, 180 lbs, with black hair and brown eyes with fair skin. His age appears to be in his mid 30'3 to 40's. Deputy Pierce investigated a report of the annoying of a minor child at Ave. Rubio and Calle Chillon in the City of La Quinta. It was reported that the female minor (12 years) exited her school bus at the location and went to retrieve her family's mail before going home. A Hispanic male adult, 30 to 40 years of age, wearing a white shirt and dark sunglasses, approached the victim while driving his vehicle. His vehicle was described as a white, older model, full-size van that had no side windows. The suspect asked her if her name was "Rachel". She said, "No". The suspect asked her several time "if she was sure" and con- tinued to follow the victim as she walked to her home. The suspect then parked outside the victim's house and remained there for a while before leaving. Tuesday, 09-14-04 (33): 2221 hours, Deputy Drafton made contact with Christopher Franco during a traffic enforcement stop at Fred Waring and Jefferson St. in the City of La Quinta. Subsequent to a parole search of his vehicle, Franco was arrested for possession of a controlled substance. LQ Set Team arrested Paul Castro (19 yrs) for a burglary warrant at the Circle K Market on Calle Tampico. Castro was contacted during a pedestrain check. Wednesday. 09-15-04 (58): No significant activity to report. 9 +� ThuWay09-16-04 (50): 1930 hours- Dep. Krachman arrested Katherine Duarte and Jessica Jimenez for burglary at the La Quinta Target Store. 2230 hours- Dep. Krachman interviewed John Gonzalez regarding his reported disappearance. He had telephoned his sister while at Miles Avenue Park in the City Of Indio. Indio Police Department personnel responded to Miles Park at the request of the family. Gonzales was removed from the Missing Persons database. Friday, y, 09-17-04 (_48): 0040 hours- Dep. Pereyda responded to an armed robbery at the McDonald's. When deputies arrived, they were told that two armed males wearing scarves over their faces had entered the restaurant and demanded money from one of the employees. The employee gave the males an undisclosed amount of cash and both suspects fled on foot. Suspect # 1 was described as a white male, 6 foot tall, 175 pounds, blue eyes, shaved head wearing a gray shirt with white lettering, black pants and possessed a blue steel semi -automatic handgun. Suspect #2 was described as a light skin male, 6 foot tall, 220 pounds, shaved head, wearing a black shirt with white lettering, gray pants and possessed an unknown type of handgun. Satgrd L 09-18-04 (591: 2310 hours, Deputy Dusek issued a citation to Juan Carlos Galvez Carias for multiple traffic violations during a vehicle check at Washington and Avenue 47, in La Quinta. SundaX M19-04 (72): 0248 hrs-Corp. Arredondo responded to the 49000 block of Mission Dr. in the city of La Quinta to investigate a report of an attempted rape. According to the female victim, (52 years), at about 0010 hrs she was walking on the sidewalk south of the main entrance to the Rancho La Quinta County Club when all of a sudden a male subject grabbed her and threw her to the ground. The male subject then attempted to pull the victim's pants down. The victim screamed and hit the suspect several times with her cell phone until the suspect ran away. The only description the victim could give of the suspect was that he was wearing a baseball cap and was short and stocky. The victim had argued with her boyfriend prior to the assault and was walking home from the La Quinta Bar & Grill. The incident was reported two hours after it had occurred. Monday, 09-20-04 (58): No significant activity to report. Tuesday, 09-21-04 (58): 2144 hours- Deputies responded to a report of a missing person who was said to be suicidal. After an extensive search, deputies located the missing person and he was transported to Desert Hospital for evaluation. Wednesday, 09-22-04 (52): No significant activity to report. Thursday,, 09-23-04 (49): No significant activity to report. 393 Friday, 09-24-04 (65): No significant activity to report. Saturday, 09-25-04 (61): 1655 hrs-Deputy Verdusco was dispatched to the 49000 block of Eisenhower St. in reference to a possible driver operating a vehicle while under the influence. The vehicle was described as a black 1998 Pontiac Grand Prix and had been seen driving erratically in the area. Deputy Verdusco located and stopped the vehicle. The vehicle driver, Alvaro Alvarado was found to be under the influence of alcohol. Alvarado was arrested for driving under the influence of alcohol booked into the Indio Jail. Sunday, 09-26-04 (74): 0400 hrs-Deputy Hoyt arrested Daniel Romo of Indio for resisting arrest during a suspicious circumstances call at Calle Colima and Ave. Velasco. 1125 hours- Sgt. Purvis arrested Krystal Medina, (20 years), for a receiving stolen property warrant on Auto Center Drive near the La Quinta Wal-Mart. 1245 hours- Dep. Kelly arrested Tommy Taylor, for commercial burglary at the La Quinta Target Store, 78935 SR 111. 1430 hours- Dep. Reynolds arrested Antonio Sandoval, and Joel Madrigal for felony vandalism. Dep. Reynolds observed both suspects spray -painting the Washington Street Bridge. The suspects were also video-taping their vandalism. 1645 hours- Deputy Pierce arrested Michael Kerwick at the La Quinta Target Store, 78935 State Hwy. 111, for burglary, false identification, a parole violation and for being under the influence of a controlled substance. Kerwick had entered the store with receipts he had found outside the location and attempted to return merchandise he had just removed from the shelves in the store. Monday, 09-27-04 (72): No significant activity to report. Tuesday, 09-28-04 (66)• 1130 hours- Dep. Covington arrested Jose Madeena, (26 yrs), for a felony burglary warrant on SRl 11 at Simon Drive. 1710 hours- Dep. Verdusco arrested Manuel Cardenas, (19 yrs), for vehicle theft and receiving stolen property, on Avenida Mendoza and Montezuma. Cardenas was located at Ave. Mendoza. and Calle Montezuma in a stolen 1995 Ford Probe that had just been reported as stolen, in the City of La Quinta. Wednesday, 09-29-04 (60): No significant activity to report. Thursday, 09-30-04 (72): 0645 Hours- Dep. Button responded to the 53000 block of Ave. Diaz in reference to an unattended death. Roann Hodges, (54 years), passed away between the hours of midnight and 0600 hours. There were no signs of foul play. Total calls for service: 1748 394 LA QUINTA POLICE MOTORCYCLE ACTIVITY REPORT PROGRAM STATISTICS SEPTEMBER 2004 Prepared By: Deputy Dave Adams Speed Violations Fail to Yield Turning Violations Stop Sign Violations Calls & B/U's Child Seat Violations 42 Lane Change Violation Seat Belt Violations DUI Arrests Misd. Arrest Felony arrest Warnings 0 Tows Injury T/C Non -Injury T/C Suspended DL Non -Moving H&S 8 0 9 2 2 0 8 25 0 7 13 0 64 r 5 9 0 HIGHLIGHTS 3 9 :J LA QUINTA POLICE DEPARTMENT Special Enforcement Team Monthly Report September 2004 (Dep. Coleman, Dep. Hutton, Dep. Olsen, Dep. Wedertz) The following is a summary of the Special Enforcement Team activities for the month of August. Ongoing Investigations 1 Probation Searches 0 Parole Searches 0 Arrests/ Filings 2 Vehicle checks 9 Business Contacts 9 Investigation assists 2 Arrest Warrants Served 2 Arrest Warrants Attempted 5 Programs 0 Pedestrian Checks 4 Crime Prevention Hours 100 Bar Checks 2 Back-ups 10 Follow-ups 4 Search Warrants 0 Meetings 0 Recovered Stolen Property 0 Citations issued 2 Surveillance's 1 Property Checks 0 Civil Commitments 0 Bicycle Time 24 Training Hours 8 Illegal Drugs Seized 0 Total Mileage: 1138 miles Noteworthy Accomplishments: ♦ Paul Castillo (19 years of La Quinta) was arrested for a felony burglary warrant. The Special Enforcement Team located him during a pedestrian check at the Circle K on Calle Tampico. ♦ Esteban Guvara (31 years of DHS) was arrested for a felony drug possession warrant. Guvara was located during a traffic stop on Jefferson St and Avenue 50. CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT September 2004 School: La Quinta High School Deputy: Robert Brooker 9- Criminal Reports 2- Non Criminal Incidents 5- Arrests 1- DA Filings 2- YAT Referrals 30- Traffic Stop 13- Vehicle Checks 17- Pedestrian Checks School Session: September 2nd through September 30th, 2004 Highlights: • This is the beginning of the 2004-2005 school year. • I began the school year attending school district meetings, and school staff meetings. • I implemented a traffic enforcement program that involved motor officers, and myself, which focused on educating the drivers dropping students off at school in the morning, and picking students up in the afternoon. With new traffic control signs posted on Dune Palms, and Westward Ho, and a new traffic flow through the schools parking lots designed to increase student safety, we directed traffic, and gave verbal warnings for the first two weeks. The traffic congestion and safety has improved. • I assisted other agencies with their investigations involving LQHS students, I had a non -student on campus who came looking to fight a student, a couple thefts, an unfounded brandishing, and I transported a student to a local mental health facility for evaluation after the student cut her wrist. 397 CITY of MONTHLY SCHOOL RESOURCE OFFICER REPORT SEPTEMBER 2004 SCHOOL: LA QUINTA MIDDLE SCHOOL Deputy: Robert Burbach COPS Grant Funded Position HIGHLIGHTS Issued two truancy cites for two La Quinta High School students that came onto Truman School Property.. Handled a student with a knife on campus involved in a verbal argument with another student. Student facing expulsion. Referred to YAT. Spoke with a student regarding bullying another student. Handled a disturbing the peace threats incident that involved two students after school walking to the Boys and Girls Club. Handled a child annoying incident that occurred over the summer and is still ongoing. Report was taken and information put out to surrounding agencies regarding the vehicle and suspect description. Handled a student talking about suicide. Students parent was contacted and student was sent to Indio Mental Health. Issued two truancy cites to a female 8"' grade student. Issued two truancy cites to two La Quinta High School students. Battery on school grounds. Student referred to YAT. Found property. Wallet returned to owner. Battery at afternoon school bus stop. Student referred to YAT. Cited parent for failing to obey my order not to drop off in non drop off zone Battery on school grounds. Suspect student also had pellet gun in backpack. Referred to YAT. Student in possession of marijuana. Referred to YAT. 398 CITY of LA QUINTA SEPTEMBER 2004 C.S.O.: Monica Santillanes C.S.O.: Thomas Fowler Type of Activity Number of Incidents Burglary Investigations 14 Grand Theft Reports 4 Petty Theft Reports 8 Vandalism/Malicious Mischief Reports 4 Vehicle Theft or Recovery Reports 5 Traffic Collision Response 17 Vehicle Code or Parking Citations 23 Abandoned Vehicles Tagged w/ Warn in 23 Towed Vehicles 2 Lost or Found Property Reports 13 Area Checks /LQ Skate Park/Laborers 28 Follow Up to Previous Cases 3 Custodial and Non -Custodial Transports 3 Miscellaneous Calls 12 399 City of La Quinta Community Oriented Policing Office and Volunteers Report September -- 2004 Highlights: • The volunteer program presently has fifteen volunteers who have finished training and are assisting in many capacities in the La Quinta CPO. • One additional applicant is in the background process. • Three volunteers are now entering all La Quinta traffic and parking citations, and one enters the traffic collisions into the system from the COPS Office. Two volunteers are assisting with weapons identification on a computer at the CPO. One volunteer is assisting with Statistics. A volunteer is assisting in Logistics and one in Property in addition to their staffing duties. • We are cross training our volunteers so we will be able to interchange responsibilities when necessary. • Four volunteers have started a 13 week course with the Palm Springs Police Department in their Citizen's Police Academy. This is in preparation for a patrol program which we hope to begin in 2005. • Two volunteers assisted Deputies at the KSL Safety fair, answering questions and passing out brochures on various subjects. Volunteer Hours and Monthly CPO Stats Monthly YTD Totals (4103 to Present Hours 312.5 2222.5 3891.5 Visits 118 1212 2494 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT INDIO STATION 82695 Dr. Carreon Blvd. Indio, California 92201 September 2004 Explorer Post 503 Program Report Submitted by Explorer Post Advisor Andy Gerrard There were 4 training meetings for Post 503 Explorers during September (8, -15, 22 and 29). The meetings covered report writing, 10 and 11 Code instruction and testing, physical training, motorcycle deputy duties, Riverside County Sheriffs Department Court Services presentation; and drill/marching training. Deputy Alvarado talked about motorcycle deputy duties and taught drill/marching training. Corporals Gonzales and Rosas gave the Court Services presentation. I taught report writing and coordinated the meetings. Explorer Post 503 members volunteered and assisted with the following events: 1. The September 25 City of Coachella clean up event, and 2. Acted as decoys to see if over 21 year old people and on duty store clerks would sell or buy the decoys alcoholic beverages. Some Palm Desert Station Explorers from Post 507 also acted as decoys during September. Post 503 and 507Explorers did excellent jobs during the volunteer events! 4 1 CITY OF LA Q UINTA CRIME STATISTICS SUMMARY AUGUST2004 CITY OF LA QUINTA AUGUST CRIME COMPARISONS CRIME AUGUST 2004 AUGUST 2003 YTD (04) YTD (03) HOMICIDE 0 0 1 1 RAPE 0 0 7 7 SEX CRIMES (FEL) 1 1 10 9 SEX CRIMES SD 1 1 8 7 ROBBERY 3 2 14 14 ASSAULT L 6 5 63 65 ASSAULT D 12 11 116 132 BURGLARY 67 49 520 462 VEHICLE THEFT 13 8 109 83 THEFT FEL 26 23 196 187 THEFT SD 40 28 368 264 VANDALISM (MISDI 35 39 213 226 DOM. VIOLENCE 10 8 90 93 NARCOTICS 7 9 91 51 DID 9 12 75 56 T/C NON -INJURY 21 20 266 221 T/C INJURY 2 0 39 26 T/C FATAL 0 0 0 2 TRAFFIC CITATIONS 270 193 2743 2374 STATISTICS DO NOT INCLUDE ATTEMPTS 403 0�0 � �p in �o w TWO 405 v� E" d U 0 4 C't O O ■ M N O �D N 0 o N N O U R. O to O kn O to O M N N ro rm� 4G� d' M O O ■ U e m O O O O O O O O O O O O O O O O O O O O O 4�8 � M O O O O N N i �1 9 U a 4z-,9 d' M O O bA bA 0 0 E O i c I O II N N N M O�Toni O N N J O O O O O o 0 O to O � O Kj el 410 CITY OF LA QUINTA DISPATCH INFORMATION /AUGUST 2004 TYPE OF CALL RESPONSE TIIVIE S NUMBER OF INCIDENTS EMERGENCY 3.1 2 ROUTINE 9.2 1097 *STATS TAKEN FROM RIVERSIDE CO. SHERIFF'S DATA WAREHOUSE AVERAGE. RESPONSE TIME REPORT 411 a, 44 5 OF'TY1��ti COUNCIL/RDA MEETING DATE: October 19, 2004 ITEM TITLE: Continued Public Hearing to Adopt Resolutions Certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2004-502 and Subdividing 8.08 acres into 29 Residential Lots for Tentative Tract Map 32225, for the Property Located at the Northwest Corner of Madison Street and Avenue 58. Applicant: Vince D'Ambra RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: L Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004-502; and Adopt a Resolution of the City Council approving Tentative Tract Map 32117 to subdivide t 8.08 acres into 29 single-family lots, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW: This item was continued from the October 51h City Council Public Hearing at the applicant's request. The site is located at the northwest corner of Madison Street and Avenue 58 (Attachment 1). The site has 1, 324 feet of frontage on Madison Street and 590 feet of frontage on Avenue 58. The project site is located immediately south of Puerta Azul and east of Stone Creek Ranch, which is under construction. The site is covered with desert shrubs S:\CityMgr\STAFF REPORTS ONLY\PH 4 D'Ambra.doc 4140 Tentative Tract 32225 proposes to subdivide the 8.08 acre site into 29 single- family residential lots (Attachment 2). Several miscellaneous lots would be created, including storm water retention, landscaping and the private street lots. The existing RL zoning on the property requires a minimum lot size, of 7,200 square feet. All lots meet or exceed this requirement. Access into the property is proposed at the mid -point of the property on Madison Street with a right -in and right -out turning movements. The project will have a single 36-foot wide curvilinear street with a card security gate near Madison Street. The street "bows" out at approximately the entry/mid point to provide a turnaround and traffic calming. Cul-de-sac turnarounds are provided at the north and south ends of the street. A homeowners' association will be formed to maintain retention basins, common landscape areas, private roads, and perimeter landscaping. Planning Commission Action The Planning Commission, at its September 14, 2004 meeting, recommended approval of Environmental Assessment 2004-502 and Tentative Tract 32225 by adoption of Planning Commission Resolutions 2004-061 and -062. At the public hearing, testimony was given by the neighboring property owners and the developer. The neighboring property owners (Lions Gate residential subdivision) expressed concern regarding the density of the subdivision, including multiple lots adjacent to their single lot. The Planning Commission added a condition requiring 90-foot lot frontages for Lots 5-16. The revised Tract Map complies with this condition. The applicant has prepared an exhibit illustrating the Planning Commission's Condition of Approval (Attachment 3). Excerpts of the minutes of the Planning Commission meeting are attached (Attachment 4). Public Notice This case was advertised in the Desert Sun newspaper on September 29, 2004. All property owners within 500 feet of the proposed project were mailed a copy of the public notice. One public comment letter was received (Attachment 5). FINDINGS AND ALTERNATIVES Findings necessary to approve the Environmental Assessment and Tentative Tract Map can be made and are contained in the attached Resolutions. 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004- 502; and S:\CityMgr\STAFF REPORTS ONLY\1 0-1 9-04\PH 4 D'Ambra.doc 413 02 Adopt a Resolution of the City Council approving Tentative Tract Map 32225 to subdivide ± 8.08 acres into 29 single-family lots, subject to Findings and Conditions of Approval; or 2. Do not adopt the Resolutions approving the project; or 3. Provide staff with alternative direction. Respectfully submitted, //'� L zz�_� car Orci, Interim Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Tentative Tract Map 32225 3. Exhibit Illustrating Revised Tract lot frontages 4. Excerpt from Planning Commission Minutes of September 14, 2004 5. Letter(s) received 414 S:\CityMgr\STAFF REPORTS ONLY\1 0-1 9-04\PH 4 D'Ambra.doc 03 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR TENTATIVE TRACT MAP 32225 CASE NO.: ENVIRONMENTAL ASSESSMENT 2004-502 APPLICANT: VINCE D'AMBRA WHEREAS, the City Council of the City of La Quinta did on the 51h day of October, 2004, hold a duly noticed public hearing and continued said Public Hearing to the 191h day of October, 2004 to consider the request of Vince D'Ambra for approval of Environmental Assessment 2004-502 for Tentative Tract Map (TTM) 32225, referred to as the "Project" for the subdivision of 8.08 acres into 29 residential lots located at the northeast corner of Avenue 58 and Madison Street and more particularly described as: A.P.N: 762-240-015 WHEREAS, the Planning Commission of the City of La Quinta did on the 10th day of August, 2004, hold a duly noticed public hearing and continued said Public Hearing to the 14' day of September, 2004 and adopted Resolution 2004-061 recommending certification of Environmental Assessment 2004-502; and, WHEREAS, the City has prepared the Initial Study and Mitigated Negative Declaration in compliance with California Environmental Quality Act (CEQA) and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., (CEQA Guidelines); and WHEREAS, the City mailed a Notice of Intent to adopt the Mitigated Negative Declaration in compliance with Pubic Resources Code Section 21092 on the 27' day of July, 2004 to the Riverside County Clerk; and . WHEREAS, the City published a Public Hearing Notice to adopt the Mitigated Negative Declaration and associated Initial Study in the Desert Sun newspaper on 23rd day of September, 2004, such notice was also mailed to all landowners within 500 feet of the Project.Site, and all public entities entitled to such notice; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following findings to certify said Environmental 41 r) PAReports - CC\1 0-1 9-04\D'Ambra TT 32225\CC RESO EA 2004-502 Reso.doc o4 City Council Resolution No. 2004- Environmental Assessment 2004-502 Vince D'Ambra Adopted: October 19, 2004 Page 2 Assessment: 1. That the Mitigated Negative Declaration has been prepared and processed in compliance with the State CEQA Guidelines and the City's implementation procedures. The Planning Commission has independently reviewed and considered the information contained in the Mitigated Negative Declaration, and finds that it adequately describes and addresses the environmental effects of the Project, and based upon the Initial Study, the comments received thereon, and the entire record of proceeding for this Project, that there could be a significant environmental effect resulting from this project; however, the mitigation measures will reduce the impacts to less than significant. The mitigation measures identified in the Mitigated Negative Declaration have been incorporated into the Project and or made part of the approval of the project and these measures will mitigate any potential significant effect. 2. The Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2004-502. 3. The Project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number, or restrict the range of, rare or endangered plants or animals or eliminate important examples of the major periods of California history, or prehistory. 4. There is no evidence before the City that the Project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 5. The Project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 6. The Project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed 416 PAReports - CC\ 10- 1 9-04\D'Ambra TT 32225\CC RESO EA 2004-502 Reso.doc City Council Resolution No. 2004- Environmental Assessment 2004-502 Vince D'Ambra Adopted: October 19, 2004 Page 3 development in the immediate vicinity, as development patterns in the area will not be significantly affected by the Project. 7. The Project will not have the environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 8. The City Council has fully considered the proposed Mitigated Negative Declaration and the comments, if any, received thereon. 9. The Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. 10. The location of the documents which constitute the record of proceedings upon which the City Council decision is based upon is in the La Quinta City Hall, Community Development Department, 78-495 Calle Tampico, La Quinta, California 92253. 11. A Mitigation Monitoring Program (MMP), a copy of which is attached hereto as Exhibit A, is hereby adopted pursuant to Pubilic Resources Code § 21081.6 in order to assure compliance with the mitigation measures during Project implementation. 12. Based upon the Initial Study and the entire record of proceedings, the Project has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code § 711.2. 13. The City Council has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 California Code of Regulations 753.5(d). NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct, and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify a Mitigated Negative Declaration of 417 P:\Reports - CC\10-19-04\D'Ambra TT 32225\CC RESO EA 2004-502 Reso.doc City Council Resolution No. 2004- Environmental Assessment 2004-502 Vince D'Ambra Adopted: October 19, 2004 Page 4 environmental impact for Environmental Assessment 2004-502 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, on file in the Community Development Department and attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of October, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 415 P:\Reports - CC\ 10- 1 9-04\D'Ambra TT 32225\CC RESO EA 2004-502 Reso.doc 0 Environmental Checklist Form 1. 3. 4. 5. �: Project title: Tentative Tract Map 32225 Lead agency name and address: Contact person and phone number: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Fred Baker 760-777-7125 Project location: Northwest corner of Avenue 58 and Madison Street. APN: 762-240-015 Project sponsor's name and address: Santa Rosa Development LLC P.O. Box 11335 Palm Desert, CA 92255 General plan designation: Low Density 7. Zoning: Low Density Residential Residential 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Subdivision of 8.08 acres into 33 single family lots around a central spine road, with access on Madison Street. Also included is a retention basin along the southern property line. Lots are proposed to be a minimum of 7,200 square feet. Overall parcel dimensions are 330 feet by 1,325 feet. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Attached single family residential (Medium Density Residential) South: Avenue 58, single family residential and golf course (Low Density Residential and Golf Course Open Space) West: Single family residential (Low Density Residential) East: Madison Street, Single family residential and golf course (Low Density Residential and Golf Course Open Space) 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral. Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the X environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 8� �6: of Date 4 22 0 ( 09 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based- on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead 441 10 agencies should normally address the questions from this checklist that are relevant to a proj ect's environmental effects in whatever format is selected.. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-d) Madison Street is designated an Agrarian Image Corridor in the General Plan. This corridor is required to include landscaped parkways which reflect the agriculture which historically occurred in this area. The project will be required to comply with these requirements The site does not include, nor is it near, a scenic resource. The site is surrounded on two sides by existing residential development, and on the other two sides by roadways. The proposed single family homes will be regulated in terms of height by the City's Zoning Ordinance. No significant impacts to scenic resources are expected to result from the proposed development. The ultimate construction of single family homes on the site will result in a slight increase in light generation, primarily from car headlights and landscape lighting. The City regulates lighting levels and does not allow lighting to spill over onto adjacent property. Impacts will not be significant. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact H. AGRICULTURE RESOURCES: Would the project: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map) II. a)-c) The site has, at some time in the past, been in agriculture, but is not currently farmed, and has not been for some time. There are no Williamson Act contracts on the property. The site is a long narrow parcel which is surrounded by development. The site does not represent a valuable or significant agricultural parcel, given its isolation in a suburban setting. Impacts to agricultural resources are expected to be insignificant. 423 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM 10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) III. a), b) & c) The Tentative Tract Map proposes 33 single family lots, which could generate up to 316 trips per day'. Based on this traffic generation, and an average trip length of 10 miles, the following emissions can be expected to be generated from the project site. "Trip Generation, 6t' Edition," Institute of Transportation Engineers, Single Family Detached category 210. 4� 13 Moving Exhaust Emission Projections at Project Buildout ounds per da Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 316 x 10 = 3,160 PMI0 PMIo PMIo Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 mph 284.40 7,394.40 1,516.80 - 31.60 31.60 Pounds at 50 mph 0.63 16.32 3.35 - 0.07 0.07 SCAQMD Threshold (lbs./day) 75 550 100 150 Assumes 316 ADT. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75 T, light duty autos, catalytic. As demonstrated above, the proposed project will not exceed any of SCAQMD's recommended daily thresholds. The proj ect's potential impacts to air quality from moving emissions are therefore expected to be less than significant. The City and Coachella Valley are a severe non -attainment area for PM 10 (Particulates of 10 microns or less). The Valley's 2002 PM 10 Plan adopted much stricter measures for the control of dust both during the construction process and during project operations. These include the following, to be included in conditions of approval for the proposed project: CONTROL MEASURE TITLE & CONTROL METHOD BCM-1 Further Control of Emissions from Construction Activities: Watering, chemical stabilization, wind fencing, revegetation, track -out control BCM-2 Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, revegetation BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, revegetation BCM-4 Paved Road Dust: Minimal track -out, stabilization of unpaved road shoulders, clean streets maintenance The proposed project will generate dust during construction. Under mass grading conditions, this could result in the generation of 213.32 pounds per day, for a limited period while grading operations are active. The contractor will be required to submit a PM 10 Management Plan prior to initiation of any earth moving activity. In addition, the potential impacts associated with PM 10 can be mitigated by the measures below. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 411.1J 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Imported fill shall be adequately watered prior to transport, covered during transport, and watered prior to unloading on the project site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on- going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Any area which remains undeveloped for a period of more than 30 days shall be stabilized using either chemical stabilizers or a desert wildflower mix hydroseed on the affected portion of the site. 8. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Landscape parkways on Madison Street, the proj ect's perimeter wall, and the retention basin on Avenue 58 shall be installed immediately following precise grading. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean-up of construction - related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour Implementation of these mitigation measures will ensure that impacts associated with PM 10 are mitigated to a less than significant level. III. d) & e) The project will consist of single family homes and will not result in objectionable odors, nor will it expose residents to concentrations of pollutants. 426 Potentially Significant Impact • Less Than Significant w/ Mitigation Less Than Significant Impact No Impact IV. BIOLOGICAL RESOURCES -- Would the proj ect: a) Have a substantial adverse affect, X either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ("Biological Assessment—," James Comett, May 2004) b) Have a substantial adverse effect on x any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? ("Biological Assessment...," James Cornett, May 2004) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ("Biological Assessment...," James Cornett, May 2004) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ("Biological Assessment...," James Cornett, May 2004) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? ("Biological Assessment...," James Cornett, May 2004) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, 4 0-2 7 sir 16 or other approved local, regional, or state habitat conservation plan? (General Plan Exhibit 6.3) IV. a)-O A biological impact analysis was completed for the project site The survey found that the site is disturbed saltbush habitat, impacted by agricultural activity and recent adjacent roadwork. The animal species found during the survey did not identify any species of concern. The site is disturbed and surrounded by developed areas, and its loss as biological habitat will not be significant. The proposed project site is located outside the mitigation fee area for the Coachella Valley Fringe -toed Lizard. 2 "Biological Assessment and Impact Analysis of the proposed La Quinta 9-Acre Site," prepared by James Cornett, May 2004. 4 408 IV. a)-O A biological impact analysis was completed for the project site The survey found that the site is disturbed saltbush habitat, impacted by agricultural activity and recent adjacent roadwork. The animal species found during the survey did not identify any species of concern. The site is disturbed and surrounded by developed areas, and its loss as biological habitat will not be significant. The proposed project site is located outside the mitigation fee area for the Coachella Valley Fringe -toed Lizard. 2 "Biological Assessment and Impact Analysis of the proposed La Quinta 9-Acre Site," prepared by James Cornett, May 2004. 4 408 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in X the significance of a historical resource as defined in ' 15064.5? ("Historical/ Archaeological Resources Survey..." CRM Tech, May 2004) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to'15064.5("Historical Archaeological Resources Survey..." CRM Tech, May 2004) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? ("Paleontological Resources Assessment," CRM Tech, May 2004) d) Disturb any human remains, including X those interred outside of formal cemeteries? ("Historical Archaeological Resources Survey..." CRM Tech, May 2004) V. a)-c), e) A Phase I archaeological survey was conducted on the subject property,. The survey included both records searches and on site investigation. The records searches identified a number of studies and associated records of both cultural and historic resources in the area of the project site. The remains of a house, date grove and standpipe were identified on the project site. Extensive research -into the property did not yield any historical significance for the property or the structures on the property. The structures were determined to have no significant historical context. The report concludes that no further analysis or investigation of the subject property is required, but that should resources be uncovered during earth moving activities, work should be diverted or stopped until a qualified archaeologist can properly analyse the find. V. d) A paleontologic assessment was conducted for the project site 4. The study found that the project site is within the historic lakebed of ancient Lake Cahuilla. The study further found that disturbance of the site could result in a significant impact to paleontological resources. In order to assure that these impacts are mitigated to a less than significant level, the following mitigation measures shall be implemented. 3 "Historical/Archaeological Resources Survey Report Assessor's Parcel No. 762-240-015," prepared by CRM Tech, May 2004. 4 "Paleontological Resources Survey Report Assessor's Parcel No. 762-240-015," prepared by CRM Tech, May 2004. 4�� 1. � 1: A paleontologist shall be present on site during all grubbing and earth moving activities. The paleontologist shall be empowered to stop or redirect earth moving activities to adequately investigate potential resources. The paleontologist shall be required to submit to the Community Development Department, for review and approval, a written report on all activities on the site prior to occupancy of the first building on the site. Implementation of these mitigation measure will reduce potential impacts to a less than significant level. 430 19 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? X ("Geotechnical Engineering Report...," Earth Systems Southwest, February 2004) iii) Seismic -related ground failure, X including liquefaction? ("Geotechnical Engineering Report...," Earth Systems Southwest, February 2004) iv) Landslides? ("Geotechnical Engineering X Report...," Earth Systems Southwest, February 2004) b) Result in substantial soil erosion or X the loss of topsoil? ("Geotechnical Engineering Report...," Earth Systems Southwest, February 2004) d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property ("Geotechnical Engineering Report...," Earth Systems Southwest, February 2004 e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (MEA Exhibit 8.1) 431 VI. a)-e) A geotechnical investigation was conducted for the proposed projects Although the site is not located in an Alquist-Priolo Study Zone, it will be subject to groundshaking during an earthquake. The City implements the latest versions of the Uniform Building Code, which include provisions and requirements for the construction of housing in seismically active areas. The proposed project will be subject to these requirements. The proposed project occurs in an area subject to liquefaction. Groundwater was encountered at a depth of about 50 feet during the site investigation. The study finds, however, that although the site has historically experienced higher water levels in the past, it is unlikely that this condition will again occur during the life of the project. The study found that the site is not susceptible to ground subsidence or slope instability. The site is susceptible to wind and water erosion. The project proponent will, however, be required to conform to both PM10 Management and water erosion requirements of the City, which have been implemented to reduce these impacts. Impacts associated with geological conditions at the site are expected to be less than significant. The project site will be connected to sanitary sewer service, and soils will not be impacted by septic tanks. Impacts associated with soils and geology are expected to be less than significant. 5 "Geotechnical Engineering Report Proposed Residential Development NWC Avenue 58 and Madison Street," Earth Systems Southwest, February 2004 432 Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would the project: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Application materials) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or X physically interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) A Phase I environmental site assessment report was prepared for the subject. property,. The study found no evidence of surficial contamination on the site. The survey did find, however, that because of the site's historic use in farming, it is possible that underground storage tank(s) occur on the site. An underground tank could result in contamination of the soils and groundwater in the area. This would represent a potential significant impact without mitigation. In order to assure that this impact is adequately mitigated, the following mitigation measure shall be implemented: 1. Prior to the issuance of any earth moving permit on the project site, a geophysical survey shall be conducted in areas nears buildings or other suspect features occur on the site, to evaluate whether a UST is still present at the site. Should a UST be identified, it shall be removed and disposed of in a manner consistent with local and state standards prior to the issuance of grading permits. The development of. single family homes will not result in a risk associated with hazardous materials. The City implements, through its solid waste provider, a household hazardous waste program, which will allow residents to dispose of materials safely. The site is not in an area subject to wildland fires. 6 "Report of Phase I Environmental Site Assessment 8.89 Acre Parcel NWC Avenue 58 and Madison Street," prepared by Earth Systems Southwest, January 2004. 434 041. Potentially Significant Less Than Significant w/ Less Than Significant No Impact Impact Mitigation Impact VIH. HYDROLOGY AND WATER UALITY -- Would the project: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff. c) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? ("Retention Basin Design Calculations, Tract No. 32279," P&D Consultants, Inc., April 2004) d) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? ("Retention Basin Design Calculations, Tract No. 32225," P&D Consultants, Inc., March 2004) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? ("Retention Basin Design Calculations, Tract No. 32225," P&D Consultants, Inc., March 2004) f) Place housing within a 100-year flood X 435 hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (General Plan EIR p. III-87 ff.) g) Place within a 100-year flood hazard X. area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) 1 1 1' VIII. a) & b) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The eventual development of the site will result in the need for domestic water service for single family homes. The CVWD has prepared a Water Management Plan which indicates that it has sufficient water sources to accommodate growth in its service area. The CVWD has implemented or is implementing water conservation, purchase and replenishment measures which will result in a surplus of water in the long term. The project proponent will also be required to implement the City's water efficient landscaping and construction provisions, which will ensure that the least amount of water is utilized within the homes. The applicant will also be required to comply with the City's NPDES standards, requiring that potential pollutants not be allowed to enter surface waters. These City standards will assure that impacts to water quality and quantity will be less than significant. VIII. c) & d) The City requires that all projects retain the 100 year storm on site. A preliminary analysis of the retention requirements for the site was prepared to address this requirement. The analysis found that a 0.25 acre retention basin, as planned for the frontage of the site along Avenue 58, will adequately retain storm flows from the siite. The City Engineer will review and approve the final analysis for the site, prior to the issuance of any permits. These City requirements are expected to lower potential impacts to a less than significant level. VIII. e)-g) The site is not located in a flood zone as designated by FEMA. 7 "Retention Basin Design Calculations, Tract No. 32225," prepared by P&D Consultants, Inc., March 2004.. 436 t"` iw J Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project , (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) IX. a)-c) The proposed project is consistent with the General Plan land use category in which it is located. Development to the west and north are similar in style and scope to the proposed project. Residences on the site will be subject to the standards of the Zoning Ordinance. The site is not within the boundaries of the Coachella Valley Fringe -toed. Lizard Habitat Conservation Plan fee area. 437 Z Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The proposed project site is within the MRZ-1 Zone, and is therefore not considered to have potential for mineral resources. 438 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ("Noise Impact Analysis Report...," P.A. Penardi & Associates, May 2004) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? ("Noise Impact Analysis Report...," P.A. Penardi & Associates, May 2004) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? ("Noise Impact Analysis Report...," P.A. Penardi & Associates, May 2004) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? ("Noise Impact Analysis Report...," P.A. Penardi & Associates, May 2004) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) 4,1,9 28 XI. a)-f) A noise impact study was conducted for the proposed project8. The study found that with the inclusion of the proposed 6 foot wall surrounding the property, the noise impacts for exterior yards and interior ground floor spaces would meet the City's standards of 65 dBA and 45 dBA, respectively. Second story spaces, should two story houses be proposed on lots 18 through 33, would experience interior noise levels of 45.7 to 47.7 dBA, without mitigation. Since this standard exceeds the City's standard, mitigation is proposed to reduce the potential impacts associated with interior noise levels for lots 18 through 33, as follows: 1. Should two story homes be proposed on lots 18 through 33, any window facing or at an angle to Madison Street shall have a minimum STC rating of 27, as determined by laboratory tests. The construction of homes on the site will also generate noise. The site is located adjacent to residential land uses, which may experience temporary and short term increases in noise levels during site construction. However, since the proposed project has been conditioned to construct its perimeter wall prior to the initiation of construction, and the adjacent projects also have existing perimeter walls, it is expected that these impacts will be less than significant. The site is not located in the vicinity of an air strip or airport. 8 "Noise Impact Analysis Report for Single Family Residential Development, Tract No. 32225 in La Quinta," prepared by P. A. Penardi & Associates, May 2004. 410 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9, ff., application materials) XII. a)-c) The proposed project is currently vacant land, and construction of the project will not displace an existing community. The development of 33 single family homes is consistent with the General Plan and Zoning designations on the project site, and will not generate a substantial population growth in the area. Impacts are expected to be negligible. 441. 30 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XHI. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a) Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate sales and property tax which will offset the costs of added police and fire services, as well as the costs of general government. The project will be required to pay the mandated school fees and park in lieu fees in place at the time of issuance of building permits. 444. .31. Potentially Less Than Less Than 'No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The construction of 33 residential units within the project will be supported by the payment of the City's parkland fee, to mitigate any additional impact to City parks. 443 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Tentative Tract Map 32225) e) Result in inadequate emergency X access? (Tentative Tract Map 32225) f) Result in inadequate parking capacity? X (Tentative Tract Map 32225) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) The construction of 33 homes will not have a significant impact on the City's circulation system. The density proposed for the site is consistent with the General Plan designation for the property, and was therefore analysed in the General Plan EIR. Avenue 58 and Madison Street are expected to operate at acceptable levels of service at buildout of the General Plan. The 316 trips expected to be generated by this site daily will not significantly impact the circulation system. 444 33 The project proponent will be required to provide on -site parking for the homes in the form of garages. The design of the tract does not include any roadway hazards. The site is within the service area of SunLine, and may eventually be provided bus service as development occurs. 445 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project=s projected demand in addition to the provider=s existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project=s solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) 446 3115 XVI. a)-g) Utilities are available at the project site. The service providers for water, sewer, electricity and other utilities have facilities in the immediate vicinity of the site, and will collect connection and usage fees to balance for the cost of providing services. The CVWD has indicated its ability to serve the proj ect's water and sewer needs. The construction of the proposed project is expected to have less than significant impacts on utility providers. 447 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce .the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The site has been identified as having the potential for paleontological resources. However, mitigation measures proposed above will reduce these potential impacts to a less than significant level. XVII. b) The proposed project supports the long term goals of the General Plan by providing, a variety of housing opportunities for City residents. XVII. c) The construction of 33 residential units will not have considerable cumulative impacts and is consistent with the General Plan. XVII. d) The proposed project has the potential to adversely affect human beings, due to air quality and noise impacts. Since the Coachella Valley is in a non -attainment area for PM10, and 448 37 the site will generate PM10. Section III), above, includes a number of mitigation measures to reduce the potential impacts on air quality. Noise impacts can be mitigated through the implementation of mitigation measures as well. 113 XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Not applicable. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. 450 39 F A U p�q �A a� Ox UU o PLO ° 9 o 0 cod 0 cd cd a C4f)� ono � 4--4 o � O O U U U" V UOb Cd c aQ,an�aEb A A Q A x � U U m U A o Z cod v " O a C � v� a o c ao�cod Cd a cd ocod t:l run b V oo, a V1 cd1.4 C H A pq zU dA OU U a G7 '0 (0 Cd � 0 A a �° Er Gz - a A W c co an z E'" V o N O t cd r t bA 0 o cd U �A Cd b A U p�q �WA aV O� UV W H o � 0 aA H C) O � O 'b Cdo a � a� A En UA Cd U O b�U a� • V� A U p�q �A a� O� VV F ; o U � v o b 4-4 a� U O � O � a a� a o Cd C. a� Q b 0 � � o �o A., N v�oo 4 41. RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF APPROXIMATELY 8.08 ACRES INTO A 29 LOT RESIDENTIAL DEVELOPMENT CASE NO.: TENTATIVE TRACT 32225 APPLICANT: VINCE D'AMBRA WHEREAS, the City Council of the City of La Quinta, California, did on the 5th day of October, 2004, hold a duly noticed Public Hearing and continued said Public Hearing to the 191h day of October, 2004 to consider the request of Vince D'Ambra for the subdivision of 8.08 acres site into 29 single-family lots plus amenity and street lots, generally Located at the northeast corner of Avenue 58 and Madison Street and more particularly described as: A.P.N.:762-240-015 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 10" day of August, 2004, hold a duly noticed Public Hearing and continued said Public Hearing to the 141h day of September, 2004 and adopted Resolution 2004- 062 recommending approval of this Tentative Tract Map; and, WHEREAS, The La Quinta Community Development Department has completed Environmental Assessment 2004- 502 in accordance with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). Based upon this Assessment, there may be a significant adverse effect on the environment; however, mitigation measures have been imposed on the project that will reduce the impacts to less than a significant level; therefore, a Mitigated Negative Declaration is recommended for approval; 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 of approval to justify approval of said Tentative Tract Map 32225: A. The proposed map is consistent with the City of La Quinta General Plan. The project is within a Low Density Residential (LDR) District per the provisions of the amended 2002 General Plan Update. Tentative Tract Map 32225 is consistent with the goals, policies and intent of the La Quinta General Plan provided conditions contained herein are met to ensure consistency with the General Plan, and mitigation measures are also met pursuant to Environmental Assessment 2004-502. B. The design, or improvement, of the proposed subdivision is consistent with the 433 P:\Reports - CC\10-19-04\D'Ambra TT 32225\CC RESO RESO TT 32225.doc 4? City Council Resolution No. 2004- Tentative Tract Map 32225 Vince D 'Ambra Adopted October 19, 2004 La Quinta General Plan and the Subdivision Ordinance. All streets, lot density and designs and other related improvements in the project conform to City standards. All on -site streets will be private. Access for the single- family lots will be provided from internal streets planned under the Tentative Tract Map. C. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. An environmental analysis concluded that this project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because the site is disturbed saltbush habitat, impacted by agricultural activity and recent adjacent roadwork. The animal species found during the survey did not identify any species of concern. The site is disturbed and surrounded by developed areas, and its loss as biological habitat will not be significant. D. The design of the subdivision, or type of improvements, is not likely to cause serious public health problems. The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and. Federal requirements. E. The design of the lot, or type of improvements, will not conflict with easements acquired by the public at large, for access through or use of, property within the proposed subdivision in that the proposed internal streets will be privately owned and maintained, and that there will be no publicly -owned improvements within the Tentative Tract Map. The proposed streets are planned to provide direct access to each single-family lot. All required public easements will provide access to the site or support necessary infrastructure improvements. F. The design of the lot, or type of improvements are not likely to cause serious public health problems in that the Fire Marshal, Sheriff's Department, and the City's Building and Safety Department have reviewed the proposal for public health conditions and the project is appropriately conditioned. G. The design of the lots and grading improvements, including the pad elevation differentials within the tract bare an acceptable minimum in that the tract design 4 J 4 PAReports - CC\10-19-04\D'Ambra TT 32225\CC RESO RESO TT 32225.doc 43 City Council Resolution No. 2004- Tentative Tract Map 32225 Vince D 'Ambra Adopted October 19, 2004 preserves community acceptance and buyer satisfaction. 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 it does hereby approve Tentative Tract Map 32225 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this the 19th day of October, 2004 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN DON ADOLPH, Mayor City of La Quinta California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La- Quinta, California 455 P:\Re orts - CC\10-19-04\D'Ambra TT 32225\CC RESO RESO TT 32225.doc 44 P - CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32225 - VINCE D'AMBRA OCTOBER 19, 2004 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQM C ") . The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 4J 4J CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32225 - VINCE D'AMBRA OCTOBER 19, 2004 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08- DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or his/her designer can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. 457 46 PAReports - CC\1 0- 1 9-04\D'Ambra TT 32225\CC COA TT 32225.doc CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32225 - VINCE WAMBRA OCTOBER 19, 2004 F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the . provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS Madison Street - The right of way dedication shall be to the ultimate developed right of way per the General Plan roadway classification of Madison Street in effect at the time of Final Map as specified by the City Engineer. Provide a 48 foot right-of-way from the centerline of Avenue 58 along the Tentative Tract Map boundaries. 9. The applicant shall retain for private use on the Final Map all private street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS PAReports - CC\10-19-04\D'Ambra TT 32225\CC COA TT 32225.doc 458 47 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 32225 - VINCE D'AMBRA OCTOBER 19, 2004 1) Private Residential Streets measured at gutter flow line shall have a 36- foot travel width as shown on the Tentative Tract Map. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. 1 1 . Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 12. When the City Engineer determines that access rights to the proposed street right-of- ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 13. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 14. The applicant shall create perimeter landscaping setbacks along all public right-of- 4 -11)9 P:\Reports - CC\1 0-1 9-04\D'Ambra TT 32225\CC COA TT 32225.doc CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 32225 - VINCE D'AMBRA OCTOBER 19, 2004 ways as follows: A. Madison Street (Major Arterial) - 20-foot from the R/W-P/L. B. Avenue 58 (Secondary Arterial) - 10-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated- for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 15. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 16. Direct vehicular access to Madison Street from lots with frontage along Madison Street is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. Direct vehicular access to Avenue 58 is restricted. The vehicular access restriction shall be shown on the recorded final tract map. 17. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 18. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 19. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster - image file of such Final Map. 460 49 PAReports - CM10-19-04\D'Ambra TT 32225\CC COA TT 32225.doc CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 32225 - VINCE D'AMBRA OCTOBER 19, 2004 IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect,".refer to persons currently certified or licensed to practice their respective professions in the State of California. 20. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 21. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Off -Site Street Plan: 1 it = 40' Horizontal, 1 " = 4' Vertical The street improvement plans shall include permanent traffic control and separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. B. On -Site Street Plan: 1 if = 40' Horizontal, 1 " = 4' Vertical C. On -Site Rough Grading Plan 1 if = 40' Horizontal D. On -Site Precise Grading Plan: 1' = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 4 50 PAReports - CC\ 10- 1 9-04\D'Ambra TT 32225\CC COA TT 32225.doc CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32225 - VINCE D'AMBRA OCTOBER 19, 2004 In addition to the normal set of improvement plans, a "Precise Grading" plan are required to be submitted for approval by the Building Official and the City Engineer. 22. The City maintains standard plans, detail sheets and/or construction notes for elements of construction on the Public Works Online Engineering Library at http://www.la-guinta.org/publicworks/tractl/z onlinelibrary/0 intropage.htm. 23. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the.City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 24. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 25. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 26. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 27. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the 462 PAReports - CC\ 10- 1 9-04\D'Ambra TT 32225\CC COA TT 32225.doc t CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32225 - VINCE WAMBRA OCTOBER 19, 2004 surety to complete the improvements. GRADING 28. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 29. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 30. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being ' adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 31. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 32. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as 463 P:\Reports - CC\ 10- 1 9-04\D'Ambra TT 32225\CC COA TT 32225.doc CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32225 - VINCE D'AMBRA OCTOBER 19; 2004 otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb: 33. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 34. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 35. Prior to any proposed site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 36. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. F:. A ff► is 37. The applicant shall revise proposed retention basins to comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100-year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. The 464 P:\Reports - CC\10-19-04\D'Ambra TT 32225\CC COA TT 32225.doc 53 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32225 - VINCE WAMBRA OCTOBER 19, 2004 design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 38. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. The sand filter and leach field shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. The nuisance water percolation system shall be designed/sized to accommodate nuisance water produced by residential uses and any domestic well sites located within the project area. 39. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 40. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 41. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. 42. Stormwater may not be retained in landscaped parkways or landscaped setback lots Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 43. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 44. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 45. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 467) P:\Reports - CC\10-19-04\D'Ambra TT 32225\CC COA TT 32225.doc 54 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 32225 - VINCE D'AMBRA OCTOBER 19, 2004 UTILITIES 46. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 47. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 48. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 49. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 50. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public, streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 51. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Madison Street Widen the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the west side as specified in the General Plan in effect at the time of Final Map approval 466 P:\Reports - CC\1 0-1 9-04\D'Ambra TT 32225\CC COA TT 32225.doc 55 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 32225 - VINCE D'AMBRA OCTOBER 19, 2004 and the requirements of these conditions as specified by the City Engineer. The west curb face shall be located to the ultimate street width per the General Plan in effect at the time of Final Map approval, except at locations where additional street width is needed to accommodate: (Major Arterial; 120' ' R/W): a) Bus turnout (if required by Sunline Transit) Other required improvements in the Madison Street right or way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. c) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. d) Establish a benchmark in the Madison Street right of way and file a record of the benchmark with the County of Riverside. 2) Avenue 58 Provide a 48 foot right-of-way from the centerline of Avenue 58 along the Tentative Tract Map boundaries. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quintals urban arterial design standard. The north curb face shall be located thirty six feet (36') north of the centerline. Other required improvements in the Avenue 58 right or way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, 467 PAReports - CC\ 10- 1 9-04\D'Arribra TT 32225\CC COA TT 32225.doc CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 32225 - VINCE D'AMBRA OCTOBER 19, 2004 gutter, traffic control striping, legends, and signs. b) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that touches the back of curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Private Residential Streets measured at gutter flow line shall have a 36- foot travel width as shown on the Tentative Tract Map. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. 2) Private Cul-de-sacs shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the similar to the layout shown on the rough grading plan. 52. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 IV= 101, demonstrating that those passenger vehicles that do not gain entry into the development can safely make 'a full turn -around out onto the main street from the gated entry. 46g P:\Reports CC\10 19- D'Ambra TT 32225\CC COA TT 32225.doc 51 04 \ CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32225 - VINCE WAMBRA OCTOBER 19, 2004 Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents and one lane for visitors. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 53. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential Secondary Arterial Major Arterial 3.0" a.c./4.5" c.a.b. 4.0" a.c./6.0" c.a.b. 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 54. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 55. General access points and turning movements of traffic are limited to the following: Primary Entry (Madison Street): Right turn in and out and Left turn in movements are permitted. Left turn out movement is prohibited. 56. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 57. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PAReports - CC\10-19-04\D'Ambra TT 32225\CC COA TT 32225.doc CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 32225 - VINCE D'AMBRA OCTOBER 19, 2004 CONSTRUCTION 58. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 59. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 60. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 61. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 62. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 63. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. PUBLIC SERVICES 64. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 470 PAReports - CC\ 10- 1 9-04\D'Ambra TT 32225\CC COA TT 32225.doc 59 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32225 - VINCE WAMBRA OCTOBER 19, 2004 65. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 66. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 67. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 68. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 69. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 70. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 71. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 72. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). FIRE MARSHALL 471 P:\Reports - CC\1 0-1 9-04\D'Ambra TT 32225\CC COA TT 32225.doc G0 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32225 - VINCE D'AMBRA OCTOBER 19, 2004 73. For residential areas, approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2-hour duration at 20 PSI. Fire hydrants are also required every 660 feet on the outside of the perimeter walls. 74. Blue dot retro-reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 75. Any turn or turn -around requires a minimum 38-foot outside turning radius. 76. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 77. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 78. Any gate providing access from a public roadway to a private entry roadway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 79. Gates shall be automatic, minimum 20 feet in width and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 80. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 81. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. MISCELLANEOUS 472 PAReports - CC\1 0-1 9-04\D'Ambra TT 32225\CC COA TT 32225.doc 61. CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32225 - VINCE WAMBRA OCTOBER 19, 2004 82. Perimeter wall designs including height, color, material, design shall be reviewed by the Architecture and Landscape Committee and the Planning Commission. 83. Proposed street name, with a minimum of two alternative names per street, shall be submitted to the Community Development Department for approval. The street name shall be approved prior to recordation of the map. 84. All mitigation measures contained in Environmental Assessment 2004-502 shall be met. 85. Prior to final map approval, the developer shall submit to the Community Development Department for review, a copy of the proposed Covenants, Conditions, and Restrictions (CC&R's) for the project. 86. This tentative tract map shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to the requirements of Division 13 of the La Quinta Municipal Code. 88. Minor lot configuration modifications required to comply with these conditions and Fire Marshal requirements shall be reviewed and approved by the Community Development Department and Public Works Department. 89. Approval of production home designs and landscaping requires approval of a Site Development permit application by the Planning Commission. 90. Within 24 hours of approval of the tentative tract map by the City Council, the developer shall submit to the Community Development Department, a check made out to the County of Riverside for $64.00 to allow filing of a Notice of Determination for Environmental Assessment 2004-502 as required by State law. 91. Prior to final map approval by the City Council, the developer shall meet the Parkland Dedication requirements by payment of in -lieu fees as set forth in Section 13.48 of the La Quinta Municipal Code. 92. All dwelling units shall be single story and shall not exceed 22 feet in height. 93. Lots 1-13, adjacent to Lion's Gate subdivision, shall have a. 25 foot rear yard setback. 473 P:\Reports - CC\ 10- 1 9-04\D'Ambra TT 32225\CC COA TT 32225.doc ATTACHMENT A�1 ohsh 80 ...w 5. S,(r0 f cnoK'rl ' Saint Andrews : •� p� Hermitage. Shinnecock CC o Hts. o J N � v o � v > ,} m Avenue 58 I N PROJECT LOCATION MAP 474 Planning Commission Minutes September 14, 2004 V. PUBLIC HEARINGS: A. Environmental Assessment 2004-51 1, Specific Plan 20 -073, and Tentative Tract Map 31874; a request of Stonefield De lopment, Inc. for consideration of establishing development princi s, guidelines and programs to allow the subdivision of 40 acres into 02 residential lots for the property located at the northwest corn of Monroe Street and Avenue 53. 1. Planning Manager Oscar Orci ' ormed the Commission this case still needed to complete it environmental review and staff was therefore requesting a c tinuance. 2. It was movedXandconded by Commissioners Daniels/Quill to continue the to September 28, 2004. Unanimously approved. B. Tentative Trac Ma 32371; a request of Ehline Company for c/ideaf the subdivision of 8.99 acres into 54 single-family lots aellaneous lots for'the property located south of Miles Aeast side of Seeley Drive. 1Manager Oscar Orci informed the Commission that the had withdrawn the application and no further action was . C. Environmental Assessment 2004-502 and Tentative Tract Map 32225; a —�-=1 request of Vince D'Ambra for consideration of adopting a Mitigated Negative Declaration of environmental impact and the subdivision of 8.08 acres into 33 residential lots and other common lots for the property located at the northwest corner of Madison Street and Avenue 58. 1. Commissioner Daniels stated he had a potential for a conflict of interest and left the dais. 2. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the report a copy of which is on file in the Community Development Department. 3. Chairman Kirk asked staff to explain condition 7.A. Assistant City Engineer Steve Speer explained how the traffic model for Madison Street was set at six lanes. Due to the actual development of the 64 G:\WPDOCS\PC Minutes\9-14-04.doc 470 7 0 Planning Commission Minutes September 14, 2004 projects in this area there is a need to downgrade the General Plan accordingly; therefore, the condition is to allow time for the change to be made. Chairman Kirk asked if there was any discretion regarding this condition. Staff stated they would apply whatever General Plan requirements are in place at the time of final map. Interim Community Development Director Oscar Orci stated the General Plan Amendment is intended to be scheduled as soon as possible. Should this not happen, staff will make a determination of whether or not this project should be redesigned. Assistant City Engineer Steve Speer stated there was a project on Washington Street approved under a similar circumstance. In this case staff asked for the right-of-way and not the entire lane. 4. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Dan Lee, representing the applicant, stated they concur with the conditions as ' written. 5. Chairman Kirk asked if there was any other public comment. Mr. Pierre LaTallia, 39-559 New Castle, Palm Desert, stated he has purchased a lot in the adjoining tract and believes this project is too dense for this area and even though he understands it meets the City's standards he would like to request a lowering of the density. 6. Mr. Robert Stowe, 80-581 Vista Lazo, stated he too agrees it is too dense for this area. His lot will adjoin three of the lots for this tract. They are situated too close to the property line. No other tract in this area is designed with this density. It is not compatible with the surrounding developments. It will create too much traffic for the area as well. 7. Mr. David Brudvik, Santa Rosa Development, engineer for the project, stated it will be designed with one story homes and it is half the density of the Puerta Azul project and across the street on Avenue 58, it is zoned for Medium Density. 8. There being no other public comment, Chairman Kirk closed the public participation portion of the hearing. 9. Commissioner Quill asked staff to ensure the elevations were as stated on the map so they remain the same as the adjoining tracts. G:\WPDOCS\PC Minutes\9-14-04.doc Planning Commission Minutes September 14, 2004 10. Chairman Kirk asked how much discretion the Commission could have in regard to density. If the Commission found the right findings they could change the density. Assistant City Attorney Michael Houston stated the Commission could provide for less density. Findings such as aesthetics, community design, community health and safety, etc., could be made. 11. Commissioner Ladner thanked the applicant for restricting the units to one story. 12. Chairman Kirk asked the density of the adjoining projects. Staff stated Puerta Azul located immediately to the north, is zoned Medium Density. Chairman Kirk stated it seems that a slight reduction in density on Lots 1 1-15 on the west side of the project would mitigate some of the issues regarding density. 13. Commissioner Ladner asked if they move to see a change in the density, would it go to the City Council for their approval. Chairman Kirk stated yes. 14. Chairman Kirk reopened the public hearing. 15. Commissioner Quill asked the applicant if they intended to build the homes on the site. Mr. Brudvik stated he intends to build the homes. They originally envisioned the project to be designed similar to the La Quinta Hotel casitas units. Staff noted the site design and elevations will be before the Commission for approval of a Site Development Permit and public comment will be taken at that time. 16. Mr. Robert Stowe, owner of Lot 12, stated he is concerned with the entry to the project that will have a left turn lane across the median so close to Madison Street. He is also concerned about the safety of those exiting at this location. Assistant City Engineer Steve Speer stated that Avenue 58 and Madison Street will be signalized within two years. With respect to the full turn for the project it complies with the General Plan. 17. There being no further public comment the public hearing was again closed. 66 477 G:\WPDOCS\PC Minutes\9-14-04.doc Planning Commission Minutes September 14, 2004 18. Commissioner Quill asked about the setbacks. Staff stated the setbacks and discussion followed. Commissioner Quill stated he would prefer a 90 foot dimension on the frontage to allow the houses to have a 3,000 square foot range. 19. Chairman Kirk stated the project to the north has a higher density. Lot 10 to the west is larger than Lots 37 - 40, so there isn't much impact. Lot 11 to the south end of Lot 15 is where the compatibility is impacted. A 90-foot width could be required on Lots 4-16 to provide a buffer between the two tracts. 20. Commissioner Ladner asked that Lot 4 not be included. 21. It was moved and seconded by Commissioners Quill/Ladner to adopt Planning Commission Resolution 2004-061, recommending certification of a Mitigated Negative Declaration for Environmental Assessment 2004-502, as recommended: ROLL CALL: AYES: Commissioners Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioners Daniels and 'Krieger. ABSTAIN: None. 22. It was moved and seconded by Commissioners Quill/Ladner to adopt Planning Commission Resolution 2004-062, recommending approval of Tentative Tract Map 32225, as recommended by staff and amended: a. Condition added: The front lot dimension for Lots 5-16 shall be increased to a minimum of 90 feet. ROLL CALL: AYES: Commissioners Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioners Daniels and Krieger. ABSTAIN: None. Commissioner Daniels rejoined the Commission. D. Conditional Permit 2004-085; a request of Nextel Communication for consideration of a oot high telecommunications monopole and 230 square foot equipment she or the property located at the southwest corner of Avenue 54 and Madison t, within Riverside County Fire Department Station #70 property. G:\WPDOCS\PC Minutes\9-14-04.doc `": 10/03/2004 11:20 7605648366 ATTACM1EMT *000 LION'S GATE Homeowner's Association October 14, 2004 Fred Baker, AYCP Principal Planner City of La Quinta Community Development Department RE: Tentative Tract Map 32225 Applicant: 'Wince D'Ambra Location: Northwest corner of Madison Street & Avenue 58 As you know, three representatives of Santa Rosa Builders, Inc. made a presentation to interested Lion's Gate property owners on Thursday, October 7. At that time, we were provided a "Before & After layout of the project with a promise to incorporate the changes requested: (1) single story homes with a maximum height of 22, (2) ALL lots along the west side of their project (the East wall of Lion's Gate) will be increased to a minimum of 90' frontage, and (3) ALL lots on the West side of the project (91 through 913) will adhere to 25' rear setbacks 479 10/03/2004 11:20 7605648366 CORNELL PAGE 02/03 Page Two Since the preliminary grading plan provided me (by Steve Kleeman) today does not indicate the restriction to single story homes or the 25' setback; I am including what was provided Lion's Gate property owners last week for their approval. On this "before & afte " copy, die 7awreased setback is clearly noted as well as the footprint :For the placement of homes along the development's western perimeter. i believe the Planning Commission has already restricted the development to single story at a previous bearing. 'If all three changes noted above are included at next week's City Council Public Hearing, Lion"s Gate property owners have no :ffirther objections. Sincerely, M rc ornell Vice President, Lion's Gate Homeowners Association 480, OCT 15,2004 11:59 LOT 10 L01' 11 Zr LOI 1? N r; o- LOT 1,3 LOI 14 10T 15 P age 2 1 I 'I I 1 ; , 29 , I r 41 L----� I 2BR Ir)T 10 27 l 3 1 26 ME: f'aSV 4 ' 25 f----�-I IFy� Z'i 5 1Rwvw =i 23 r.,� a Q nr� 16 1 7/j L07 12 1 �� 1 1 1 1 M*= I LOi 13 8 i a+w4 `, l L 1 � ----- J ' 2O { g Iwo AL t i LOT 14 ' ij"Wft_i 1 i AL { ( i j � OT 15 12 113 I I I -----'� i �} 1 1 f 1 f)T R—.3 i LOI B--J VW is = I ------.._� I - - - - - - -- - - - - - - - - - -- AI/�ll 58_.A�� ._.-� BEFORE ARER 7 0 481 COUNCIL/RDA MEETING DATE: October 19, 2004 ITEM TITLE: Continued Public Hearing to Adopt Resolutions of the City Council to Certify a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2004-513; Establish Design and Development Principles for Specific Plan 2004-072; and the Subdivision 110.9 Acres into 392 Single -Family Lots, a Ten Acre Commercial Lot and Miscellaneous Lots for Tentative Tract Map 32398, for the Property Located at the Northeast Corner of Monroe Street and Avenue 60. Applicant: Robert Schumacher RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: gZ Continue this item to the November 2, 2004 meeting to allow the applicant additional time to revise the project. • BACKGROUND AND OVERVIEW: This project was presented to the City Council on October 5, 2004 meeting. At that meeting the applicant requested the project be continued to the October 19, 2004 meeting to complete revisions to the Specific Plan as directed by the Planning Commission. However, the applicant has not completed the revisions and requests additional time to do so. Respectfully submitted, Oscar rci, Interim Community Development Director A proved for submission y• Thomas P. Genovese, City Manager Attachment: Letter from applicant 4821 Oct 15 2004 12:33PM HP LASERJET 3330 P•1 ATTA0*X" SCHUMACHER INTERESTS, INC. 2995 Wood de Road #400-374 P.O. Box 12747 Woodside, lifomia, 94062 Dallas.Texas75225 650-529-23 ( ) 650-529-23 FAX (214)559-2805 FAX) Octpber 15, 2004 ?&.. Oscar Ocri *Via Facsimile* The City of La Quinta Plw ning Department 78 95 Calle Tampico La Quinta, CA 92253 760 777-7125 / 760-777-1233 fax Re: ISchumacher — NE Corner 60'6/Monroe, La Quinta California — Map #32398 Oscar, U rtunately we are still unable to make the October 19, 2004 meeting due to schedule co icts. By thin letter, we are formally requesting that our matter be rescheduled to the next ava able meeting. plea Ise feel free to contact our office directly with any questions you may have. Web Barton, V.P. - Land, will be available to discuss the project with you at any time and can be reached at 650}529-2385 x203, fax 650-529-2386 or email at web ,schumacherinc.com. ., her/60t' and Monroe Partners L.L.C. J. Schumacher 02 COUNCIL/RDA MEETING DATE: October 19, 2004 ITEM TITLE: Public Hearing to Adopt Resolutions of the City Council Certifying a Negative Declaration of Environmental Impact for. Environmental Assessment 2004-51 1, Specific Plan 2004-073 Establishing Development Standards, Principles, and Guidelines, and Tentative Tract Map 31874 for the Subdivision of 40 Acres Into 101 Residential Lots for Property to be Annexed into the City of La Quinta Located at the Northwest Corner of Monroe Street and Avenue 53. Applicant: Stonefield Development, Inc. RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Negative Declaration of environmental impact for Environmental Assessment 2004-51 1, subject to Mitigation Measures; and Adopt a Resolution of the City Council approving Specific Plan 2004-073, subject to the Findings and Conditions of Approval; and Adopt a Resolution of the City Council approving Tentative Tract 31874, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None.. BACKGROUND AND OVERVIEW Environmental Considerations S:\CityMgr\STAFF REPORTS ONLY\PH 1 Stonefield.doc 484 Environmental Assessment 2004-511 was prepared for this Specific Plan and Tentative Tract Map in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Department determined that the project may have a significant impact on the environment;> however, mitigation measures have been established that would reduce impacts to less than significant levels. Therefore, staff recommends a Mitigated Negative Declaration of environmental impact be adopted. General Plan Designation The project site has the following land use designation: LDR (Low Density Residential, up to 4 dwelling units per acre) with an Agriculture/Equestrian Overlay in City Sphere of Influence. Zoning The project site has the following zoning designation: Low Density Agriculture/Equestrian Residential in City Sphere of Influence. Surrounding Zoning/Land Uses North: Low Density Agriculture/Equestrian Residential / residential project (Rancho Santana) under construction South: RL with Equestrian Overlay / future Hideaway expansion East: Riverside County / agricultural use West: Low Density Agriculture/Equestrian Residential/proposed expansion area for the Hideaway Background The property is 40 acres in size and located in south La Quinta at the northwest corner of Monroe Street and Avenue 53 (Attachment 1). The property is presently not within the City limits, but is within the City's Sphere of Influence. The applicant is presently processing an application with the Local Agency Formation Commission (LAFCO) for annexation. This application has been approved but not yet recorded. Therefore, approval of these applications will be effective upon annexation of the property to the City. The property is presently improved with a single-family home, caretakers' quarters, horse barn, RV barn, small pond, horse corrals and other accessory structures. The property has been graded flat and used for various crop farming, most recently grapes. A number of palm trees exist along the north property line and along a driveway leading to Monroe Street. Power poles line the site along Monroe Street and Avenue 53. Rancho Santana, an equestrian oriented residential subdivision, is under construction to the north. To the south and west is land proposed for expansion of The Hideaway. 485 . 02 The project will be called Pista de Dorado (Trail of Gold). It will portray a historic - western theme in areas such as its private park, perimeter walls and multi -purpose trail (with a trail stop). However, they are not providing any on -site equestrian facilities or trails as permitted by the Low Density Agriculture/Equestrian Residential District. Project Request The applicant proposes: 1. Specific Plan 2004-073 to establish development standards, principles, guidelines and programs for the development of the residential subdivision; and 2. Tentative Tract Map 31874 for the subdivision of 40 acres into 101 residential lots (Attachment 2). Several miscellaneous lots would be created, primarily for storm water retention areas, landscaping, recreation, private streets and a well site. The proposed density of this subdivision is 2.53 dwelling units per acre which is within the maximum four dwelling units per acre range allowed in the Zoning Code and General Plan land use designation. The project will have 36-foot wide interior private curvilinear streets with card access security gates on Monroe Street and Avenue 53. The entry areas will provide decorative paving and security gates. On street parking will be allowed on both sides of the internal streets. Decorative "vintage style" six-foot high block walls with detailing and decorative cap reminiscent of a historic wall will be provided. Planting will consist of primarily desert and low water use plants. Lawn areas will be limited to portions of the residential lots, front yards and private park lot. On -site storm water retention is provided in two basins. The primary basin is located at the southeast corner of the , property at the intersection of Monroe Street and Avenue 53 and designed to contain a one -hundred year storm from on -site rainfall. The remaining basin is near the middle of the project. The retention basin located in the middle of the project is approximately 35,000 square feet in size and is intended to function primarily as a private village park, which will contain active and passive recreation facilities such as playground equipment, benches, half -court basketball, shade structures, lawn areas and a small landscape water feature. 486 io As required by the General Plan, a multi -use (equestrian) trail will be provided along the Monroe Street parkway. The applicant has proposed to provide an upgraded trail by increasing the landscape setback lot depth from 20 to 30 feet, providing a bridge crossing over a dry creek along the trail, and a "trail stop". The trail stop for riders and pedestrians will provide a drinking fountain, bench, watering trough for horses, possibly a public art piece, and hitching area. The Specific Plan provides conceptual information on the residences proposed to be developed on the property (Attachment 3). Four floor plans are shown, varying from 2,694 to 3,049 square feet. An optional detached or attached casita room will be offered. The plans will be one story in height and incorporate a blend of Tuscan, Spanish Revival, Mediterranean, Spanish Colonial, early California Mission, and Ranch architectural styles. On Page 26 of the Specific Plan, development standards for the development of the residences are proposed. A comparison of the Low Density Agriculture/Equestrian Residential District regulations and the proposed standards shows that the development will be oriented more towards an urban rather than the rural lifestyle. Lot coverage is increased from 40 to 50%, the minimum lot size is reduced slightly from 10,000 to 9,600 square feet with the average lot approximately 11,000 square feet and setback requirements are reduced on all sides. The proposed development is reducing the allowable height from two to one story and increasing the minimum living area requirement from 1,400 to 2,200 square feet. Public Notice This request was advertised in the Desert Sun newspaper on October 9, 2004, and mailed to all property owners within 500 feet around the project boundaries. To date, no correspondence has been received. Any comments received will be handed out at the meeting. Public Agency Review The request was sent out for comments, with any pertinent comments received incorporated into the Conditions of Approval. Planning Commission Action The Planning Commission reviewed this request at its meeting of September 28, 2004. The Planning Commission adopted Resolutions 2004-070 through 072, recommending approval of the request, subject to. Conditions of Approval (Attachment 4). One new condition added by the Planning Commission for the Tentative Tract Map, was that the two cul-de-sacs ending near the west property line be moved further away from the west property line. The applicant has revised the map to reflect this requirement. Both cul-de-sacs are 25 feet away from the property line. Previously they were 10 and 17 feet away from the property line. w 4$' Staff has determined this is acceptable. FINDINGS AND ALTERNATIVES The proposed Tentative Tract Map complies with applicable City requirements. The Findings necessary to approve this request can be made as noted in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt Resolution of the City Council certifying Environmental Assessment 2004-51 1, subject to Mitigation Measures; and Adopt Resolution of the City Council approving Specific Plan 2004-073, subject to the Findings and Conditions of Approval; and Adopt Resolution of the City Council approving Tentative Tract 31874, subject to the Findings and Conditions of Approval; or 2. Do not adopt Resolutions certifying Environmental Assessment 2004-511 and approving Specific Plan 2005-073 and Tentative Tract 31874; or 3. Provide staff with alternative direction. Respectfully submitted, scar Orci, Interim Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location map 2. Tentative Tract Map Exhibit 3. Specific Plan with conceptual information 4. Planning Commission minutes for the meeting of September 28, 2004 480 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR TENTATIVE TRACT MAP 31874 AND SPECIFIC PLAN 2004-073 ENVIRONMENTAL ASSESSMENT 2004-511 STONEFIELD DEVELOPMENT, INC. WHEREAS, the City Council of the City of La Quinta, California, did, on the 191h day of October, 2004 hold a duly noticed Public Hearing to consider the request of Stonefield Development, Inc. for Environmental Assessment 2004-511 prepared for Tentative Tract 31874 and Specific Plan 2004-073, located at the northwest corner of Monroe Street and Avenue 531, more partictalarly described as: APN 767-200-01 1 WHEREAS, the Planning Commission of the City of La Quinta, California did on the 28th day of September, 2004, hold a public hearing to consider this request, and adopted Resolution 2004-070, recommending certification of this Environmental Assessment; and, WHEREAS, the Community Development Department published a public hearing notice in the Desert Sun newspaper on October 9, 2004, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to certification of said Environmental Assessment: 1. The proposed applications will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2004-51 1. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California 4g1) PAReports - CC\ 10- 1 9-04\Stonef ield Devel\ea 04-511 cc res.doc City Council Resolution No. 2004- Environmental Assessment 2004-511 Stonefield Development, Inc. Adopted: October 19, 2004 history or prehistory. Potential impacts associated with cultural and paleontologic resources can be mitigated to a less than significant level. The site does not contain significant biological resources. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. The site does not contain significant biological resources. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as the proposed project supports the long term goals of the General Plan by providing a variety of housing opportunities for City residents. No significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. The construction of 101 residential units will not have considerable cumulative impacts. The project is consistent with the General Plan, and the potential impacts associated with General Plan buildout. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly. The proposed project has the potential to adversely affect human beings, due to air quality and noise impacts. The Coachella Valley is in a non -attainment area for PM 10, and the site will generate PM 10; however, there are a number of mitigation measures to reduce the potential impacts on air quality. Noise impacts have been addressed through a series of mitigation measures, which will lower the potential for significant impacts to less than significant levels. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The City Council has considered Environmental Assessment 2004-51 1 and said reflects the independent judgment of the City. 400 PAReports - CC\ 10- 1 9-04\Stonef ield Devel\ea 04-511 cc res.doc 0 f City Council Resolution No. 2004- Environmental Assessment 2004-511 Stonefield Development, Inc. Adopted: October 19, 2004 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2004-511 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigation Monitoring Program, attached and on file in the Community Development Department. 3. That Environmental Assessment 2004-511 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19' day of October, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California qgl P:\Reports - CC\ 10- 1 9-04\Stonef ield Devel\ea 04-511 cc res.doc City Council Resolution No. 2004- Environmental Assessment 2004-511 Stonefield Development, Inc. Adopted: October 19, 2004 ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 492 PAReports - CC\1 0-1 9-04\Stonefield DeveRea 04-511 cc res.doc Environmental Checklist Form (EA 2004-511) 1. Project title: Tentative Tract Map 3.1874, Specific Plan 2004-073 2. Lead agency name and address: 3. C1, 41 I City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Contact person and phone number: Stan Sawa 760-777-7125 Project location: Northwest corner of Avenue 53 and Monroe Street. APN: 767-200-001 Project sponsor's name and address: Stonefield Development 23333 Avenida de Caza Coto de Caza, CA 92679 General plan designation: Low Density Residential, with Agriculture/Equestrian Overlay* 7. Zoning: Low Density/Agricultural/Equestrian* 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) A proposal to subdivide 38.64 acres into 101 single family residential lots, as well as lots for streets, retention basins, a well site and landscaped parkway. The site is proposed to have access from both Monroe Street and Avenue 53. The minimum lot size is proposed to be 9,600 square feet. Lot size ranges from 9,600 to 21,608, with most lots in the range of approximately 10,000 square feet. The project site is currently in the City's sphere of influenced, and undergoing annexation. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Vacant (Low Density Residential under construction) South: Vacant (Low Density Residential, Golf Course Open Space) West: Vacant (Low Density Residential, Golf Course Open Space) East: Vacant (Agriculture County) 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District *The property is currently in unincorporated Riverside County. Pre -annexation General Plan and Zoning designations were assigned to the property during the General Plan Update process, and have been assumed here. 493 10 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Agriculture Resources Air Quality Cultural Resources Geology /Soils Hydrology / Water Land Use / Planning Quality Noise Population / Housing Recreation Transportation/Traffic Mandatory Findings of Significance Systems DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the x environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. z5�� e�D AA� - Signature Date 494 _ l 1. EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 12 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a proj ect's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings , within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-d) Neither Avenue 53 nor Monroe Street are designated Image Corridors in the General Plan. The proposed subdivision will result in the construction of 101 single family residences on lots of approximately 10,000 square feet. There are no significant aesthetic landmarks in the area. The site is surrounded by properties designated for golf course and residential land uses at similar grades to the proposed project. The City regulates building height for single family homes to one or two stories, which will limit the potential mass associated with the site. The impacts associated with aesthetics are expected to be insignificant. The ultimate construction of single family homes on the site will result in a slight increase in light generation, primarily from car headlights and landscape lighting. The City regulates lighting levels and does not allow lighting to spill over onto adjacent property. Impacts will not be significant. 496 13 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact H. AGRICULTURE RESOURCES: Would the project: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide ' Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map) H. a)-c) The proposed project site has been in agriculture, and is currently partially farmed. The property is not under Williamson Act contract. The property is isolated from other farmlands, and is in an area of the City which is rapidly developing. The loss of 40 acres of partially utilized, isolated farmland is not expected to be significant. 497 14 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact M. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) III. a), b) & c) The proposed project would result in 101 single family residential units on the site. These units are likely to generate approximately 1,055 vehicle trips per day'. Since automobile emissions are the largest contributor to air quality issues in the region, these vehicle trips will be the most significant generators of air pollutants as a result of the project. Based on this traffic generation, and an average trip length of 10 miles, the following emissions can be expected to be generated from the project site. "Trip Generation, 6t` Edition," Institute of Transportation Engineers, category 210, Single Family Residential, detached. 498 15 Moving Exhaust Emission Projections at Project Buildout (hounds Der dav) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 1,055 x 10 = 10,550 PMIo PMIo PMIo Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 mph 949.50 249687.00 55064.00 - 105.50 105.50 Pounds at 50 mph 2.10 54.50 11.18 - 0.23 0.23 SCAQMD Threshold (lbs./day) 75 550 100 150 Assumes 1,055 ADT. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75°F, light duty autos, catalytic. As demonstrated above, the proposed project will not exceed any of SCAQMD's recommended daily thresholds. The proj ect's potential impacts to air quality resulting from vehicular emissions are therefore expected to be less than significant. The City and Coachella Valley are a severe non -attainment area for PM 10 (Particulates of 10 microns or less). The Valley's 2002 PM 10 Plan adopted much stricter measures for the control of dust both during the construction process and during project operations. These include the following, to be included in conditions of approval for the proposed project: CONTROL MEASURE TITLE & CONTROL METHOD BCM-1 Further Control of Emissions from Construction Activities: Watering, chemical stabilization, wind fencing, revegetation, track -out control BCM-2 Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, revegetation BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, revegetation BCM-4 Paved Road Dust: Minimal track -out, stabilization of unpaved road shoulders, clean streets maintenance The proposed project will generate dust during construction. Under mass grading conditions, this could result in the generation of 972.6 pounds per day, for a limited period while grading operations are active, assuming that the site will be mass graded. If the site is graded in sections, impacts are expected to be lower. The contractor will be required to submit a PM 10 Management Plan prior to initiation of any earth moving activity. In addition, the potential impacts associated with PM 10 can be mitigated by the measures below. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 499 i 16 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Imported fill shall be adequately watered prior to transport, covered during transport, and watered prior to unloading on the project site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on- going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Any area which remains undeveloped for a period of more than 30 days shall be stabilized using either chemical stabilizers or a desert wildflower mix hydroseed on the affected portion of the site. 8. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Landscape parkways on Monroe Street and Avenue 53 shall be installed with the first phase of development on the site, as shall the project's perimeter wall. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean-up of construction - related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour Implementation of these mitigation measures will ensure that impacts associated with PM 10 are mitigated to a less than significant level. III. d) & e) The project will consist of residential units and will not result in objectionable odors, nor will it expose residents to concentrations of pollutants. 000 17 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ("General Biological Resources Assessment..." Natural Resources Assessment, Inc. May 2004) b) Have a substantial adverse effect on any x riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? ("General Biological Resources Assessment..." Natural Resources Assessment, Inc. May 2004) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ("General Biological Resources Assessment..." Natural Resources Assessment, Inc. May 2004) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ("General Biological Resources Assessment..." Natural Resources Assessment, Inc. May 2004) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? ("General Biological Resources Assessment..." Natural Resources Assessment, Inc. May 2004) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (General Plan Exhibit 6.3) IV. a)-f) A biological resource study was prepared for the proposed project site2. The study included a records search as well as on -site investigation. The on site investigation included particular focus on identifying burrowing owl on the site, as well as sensitive plants. A protocol survey for burrowing owl was not completed. The study concluded that the site's long term use as farm land, and its isolated nature in regards to natural habitat make it of poor value for native species habitat. The study did not identify burrowing owl on the property, and identified only common species throughout. Because of the site's use as farm land, impacts to biological resources are expected to be negligible. 2 "General Biological Resources Assessment Stonefield 40 Acres," prepared by Natural Resources Assessment, Inc., May 2004. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in X the significance of a historical resource as defined in ' 15064.5? ("Phase I Cultural Resources Investigation...," Keith Companies, June 2004) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to ' 15064.5? ("Phase I Cultural Resources Investigation...," Keith Companies, June 2004) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? ("Paleontologic Assessment..." San Bernardino County Museum, February 2004) d) Disturb any human remains, including X those interred outside of formal cemeteries? "Phase I Cultural Resources Investigation...," Keith Companies, June 2004) V. a)-b) & d) A cultural resource survey and associated report were prepared for the project site3. The survey found one isolate on the property, as well as one circa 1925 shotshell. These finds are considered indicative of the potential for sub -surface artifacts. Therefore, the report recommends the imposition of the following mitigation measure: A qualified archaeological monitor shall be present during all earth moving and grading activities. The monitor shall be empowered to stop or redirect activities on the site should a resource be identified. A final report shall be filed with the Community Development Department prior to issuance of a certificate of occupancy for the first house on the project site. Monitors shall include a Native American monitor. Proof of retention of monitors shall be given to the Community Development and Public Works Departments prior to issuance of first earth -moving or clearing permit. 2. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project. 3. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, 3 "Phase I Cultural Resources Investigation of 40 Acres......," prepared by the Keith Companies, June 2004. 20 standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. The project contractor is required by state law to report a finding of human remains, should such a find be made during project grading. Law enforcement officials are responsible for the proper investigation and disposal of remains. V. c) A paleontologic survey was prepared for the proposed project site4. The study found that the project site is within the historic lake bed of ancient Lake Cahuilla. The study further found both mollusk shells and undated bone fragments which may or may not be fossils.. Development of the site could result in significant impacts to paleontologic resources without mitigation. In order to assure that these potential impacts are mitigated to a less than significant level, the following mitigation measure shall be implemented. 1. A paleontologist shall be present on site during all earth moving and trenching activities in areas of undisturbed lakebed soils. The paleontologist shall be empowered to stop or redirect earth moving activities to adequately investigate potential resources. The paleontologist shall be required to submit to the Community Development Department, for review and approval, a written report on all activities on the site prior to occupancy of the first building on the site. 2. Proof of retention of monitors shall be given to City prior to issuance of first earth - moving or clearing permit. 3. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first production home building permit for the project. 4. Collected paleontological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the CitV prior to issuance of first building permit for the property. Materials will be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 4 "Paleontological Assessment Stonefield Development," prepared by the San Bernardino Museum, February 2004. 504 21. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? (MEA X Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (MEA Exhibit 6.3) iv) Landslides? (MEA Exhibit 6.4) X b) Result in substantial soil erosion or X the loss of topsoil? (MEA Exhibit 6.5) d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property (MEA Exhibit 6.1) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a)-e) The project site lies in a Zone IV groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. Structures on the site will be required to meet the City's and the State's standards for construction, which include Uniform Building Code requirements for seismic zones. The City Engineer will require the preparation of site -specific geotechnical 22 analysis in conjunction with the submittal of grading plans. This requirement will ensure that impacts from ground shaking are reduced to a less than significant level. The site is located in an area having a potential for liquefaction hazards. In order to assure that liquefaction issues are mitigated to a less than significant level, the following mitigation measure shall be implemented: 1. Prior to the issuance of grading permits, the applicant shall submit, for review and approval by the City Engineer, a liquefaction study which determines the depth to groundwater at the project site, and recommends any special construction techniques to assure that structures on the site will be protected in a seismic event. Portions of the project site are located in an area of very severe blow sand potential. The mitigation measures included above under air quality are designed to mitigate the potential impacts associated with blow sand at the project site to a less than significant level. The site is not subject to landslides, nor does it have expansive soils. The proposed project will be required to connect to the CVWD sanitary sewer system, and septic tanks will not be installed. With implementation of the above mitigation measure, impacts associated with soils and geology are expected to be less than significant. 23 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would the project: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? ("Report of Phase I Environmental Site Assessment..." Earth Systems Southwest, Jan. 2004) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? ("Report of Phase I Environmental Site Assessment..." Earth Systems Southwest, Jan. 2004) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? ("Report of Phase I Environmental Site Assessment..." Earth Systems Southwest, Jan. 2004) e) For a project located within an airport X land use plan or, where such*a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan :) L 24 land use map) g) Impair implementation of or X physically interfere with an adopted. emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The construction of 101 residential units on the proposed project site will not result in significant impacts associated with hazardous materials. The City implements the standards of Household Hazardous Waste programs through its waste provider. These regulations and standards ensure that impacts to surrounding areas, or within the project itself, are less than significant. The site is not in an area subject to wildland fires. The site's use as farm land has been analysed in a Phase I Environmental Assessments. Recommendations have been made in that study regarding a storage area which may require further study. Since the potential impacts associated with this storage area are not known, the following mitigation measure shall be implemented to reduce the potential impacts to a less than significant level. 1. Prior to issuance of grading permits, a Phase II investigation of the storage areas for prior pesticide use and potential spillage shall be completed, and any clean up required, if necessary, shall be completed. 5 "Report of Phase I Environmental Site Assessment... prepared by Earth Systems Southwest, January, 2004. r�� ) 25 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY -- Would the project: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff. c) Substantially alter the existing X. drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation 'on- or off -site? ("Preliminary Hydrology..." TKC, June 2004) d) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? ("Preliminary Hydrology..." TKC, June 2004) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? ("Preliminary Hydrology... "TKC, June 2004) f) Place housing within a 100-year flood X MOE hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (General Plan EIR p. III-87 ff.) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a) & b) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The development of the site will result in the need for domestic water service for residential units, both for domestic water and landscaping irrigation. The CVWD has prepared a Water Management Plan which indicates that it has sufficient water sources to accommodate growth in its service area. The CVWD has implemented or is implementing water conservation, purchase and replenishment measures which will result in a surplus of water in the long term. The project proponent will be required to implement the City's water efficient landscaping and construction provisions, including requirements for water efficient fixtures and appliances, which will ensure that the least amount of water is utilized within the homes. The applicant will also be required to comply with the City's NPDES standards, requiring that potential pollutants not be allowed to enter surface waters. These City standards will assure that impacts to water quality and quantity will be less than significant. VIII. c) & d) The City requires that all projects retain the 100 year storm on site. In order to achieve this requirement, a preliminary hydrology study was completed6. The study analyzed the potential storm flows resulting from a 100 year storm, and the required capacity of the retention basin to accommodate those volumes. The study found that a retention basin capable of containing 3.16 acre feet was required. The retention basins within the project (shown as lots R & Q on the map) has been sized to accommodate this volume, with Lot Q as the primary area, and Lot R acting as additional capacity. The City Engineer will review the final hydrology study for the proposed project, and approve its findings prior to recordation of the map. Impacts associated with storm water drainage are therefore not expected to be significant. VIII. e)-g) The site is not located in a flood zone as designated by FEMA. 6 "Preliminary Hydrology & Hydraulics Report," prepared by the Keith Companies, June 2004. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) IX. a)-c) The project site is currently in agriculture, and will not impact any existing community. The proposed project is consistent with the General Plan designation for the property, and will result in a total of 101 single family homes. This type of .development is consistent with surrounding existing and approved development. No impacts are expected as a result of project implementation. The project site is outside the boundary of the mitigation fee for the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The proposed project site is within the MRZ-1 Zone, and is therefore not considered to have potential for mineral resources. r} 12 29 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ("Preliminary Noise Study," Urban Crossroads, April 2004) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? ("Preliminary Noise Study," Urban Crossroads, April 2004) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? ("Preliminary Noise Study," Urban Crossroads, April 2004) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? ("Preliminary Noise Study," Urban Crossroads, April 2004) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) A noise study was prepared for the proposed proj ect7. The study found that noise levels for lots on Avenue 53 are expected to remain below the City's standard of 65 dBA 7 "40 Acre Residential Development Preliminary Noise Study," prepared by Urban Crossroads, April, 2004. 013 30 CNEL. However, noise levels for lots on Monroe Street, without mitigation, will reach 69.7 dBA CNEL, which exceeds the City's standards. The study also analyzed the potential well site (shown as Lot P on the Tract Map), and the noise generation potential from equipment on that site. The study found that with mitigation, potential impacts associated with noise from the well site could be mitigated to less than significant levels. The study also considered the potential impacts to second story construction from roadway noise on Monroe and Avenue 53. Noise levels are expected to reach between 62.6 and 69.2 dBA CNEL without mitigation. Although the building construction itself can provide from 12 to 20 dBA CNEL noise attenuation, the potential second stories of homes on Monroe and Avenue 53 could still exceed the City's 45 dBA CNEL interior noise standard without the provision of a mechanical ventilation system, to allow a "windows closed" condition. In order to assure that the potential impacts associated with noise at the project site are reduced to a less than significant level, the study recommends the implementation of the following mitigation measures: 1. A 6 foot high wall shall be constructed, at a minimum, along the northern property line of lot 13, the eastern property lines of lots 4 through 12, the southern property line of lot 8, the northern property line of lot 7, the southern property line of lot 4, and the eastern property line of lot 3. The wall shall be of solid construction, in block or similar material, with no breaks or openings. 2. All second story units located along Avenue 53 and Monroe shall be provided with a mechanical ventilation system (air conditioning). 3. A final noise study shall be submitted with building permits for the proposed project. Noise will also be generated from the project site during construction. Lands surrounding the property, however, are currently vacant, and planned for a golf course community. Should this community be built before the proposed project, it will include the construction of a wall, which should provide sufficient attenuation of the temporary noise impacts associated with construction of the proposed project. With implementation of the mitigation measures above, impacts associated with noise shall be reduced to less than significant levels. The proposed project site is not located within the vicinity of an air strip or airport. r.14 �'31. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The construction of 101 residential units will not generate growth in the City, but will rather accommodate growth pressures caused by commercial and other types of projects in the area. 32 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a)Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate sales and property tax which will offset the costs of added police and fire services, as well as the costs of general government. The project will be required to pay the mandated school fees and park in lieu fees in place at the time of issuance of building permits to reduce the impacts to those services. J 33 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The proposed project includes interior open space areas which will be available to residents for recreational purposes (lots R and Q, proposed for retention basins). In addition, park in lieu fees will be collected to address the proj ect's impacts on the City's recreational facilities. rJ �� 34 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Tentative Tract Map 31874) e) Result in inadequate emergency X access? (Tentative Tract Map 31874) f) Result in inadequate parking capacity? X (Tentative Tract Map 31874) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) The project site has the potential to generate 1,055 average daily trips. The proposed project is consistent with the General Plan and Zoning designations placed on the property by the City. The General Plan EIR included lands in the City's sphere in its rJ 1 35 analysis, and found that both Monroe and Avenue 53 would operate at acceptable levels at General Plan buildout. The proposed project, therefore, will have less than significant impacts on traffic and circulation in the area. The project does not include inadequate parking or unsafe designs. The site is located within the service area of SunLine Transit, and can be served by it. Overall impacts to traffic are expected to be less than significant. J 36 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or ,expansion of existing facilities, the. construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project=s projected demand in addition to the provider=s existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project=s solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) 2;0 3'7 XVI. a)-g) Utilities are available at the project site. The service providers for water, sewer, electricity and other utilities have facilities in the immediate vicinity of the site, and will collect connection and usage fees to balance for the cost of providing services. The construction of the proposed project is expected to have less than significant impacts on utility providers. s 38 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important .examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) Potential impacts associated with cultural and paleontologic resources can be mitigated to a less than significant level. The site does not contain significant biological resources. XVII. b) The proposed project supports the long term goals of the General Plan by providing a variety of housing opportunities for City residents. XVII. c) The construction of 101 residential units will not have considerable cumulative impacts. The project is consistent with the General Plan, and the potential impacts associated with General Plan buildout. 39 XVII. d) The proposed project has the potential to adversely affect human beings, due to air quality and noise impacts. Since the Coachella Valley is in a non -attainment area for PM10, and the site will generate PM10, Section III), above, includes a number of mitigation measures to reduce the potential impacts on air quality. Noise impacts have been addressed through a series of mitigation measures, which will lower the potential for significant impacts to less than significant levels. XVIII. I EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Not applicable. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. - Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. 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B U4.5 O �. � �A E-{ 3 p.o �'� U4, �, a QUA .—+ N M ;26 FI 1 v EW-+ A U pq �A a� OU 4.4 L7 own Ey Cd 0 0 a w� �o En w U O P b 0 '+ V1 Q' �I 42' rJ U EW-+ A U pq �A U O� UV 0 U b� aaio �o 0 0 a � A a G •� � UA O H � N 21 • O U Mi d' A V p�q �A aU O� UU ccli a b U U CIS H � O O O O O a a a a � z 0.4 a a A' b � b Cd 0 p O Z � � d Cd 00p cols b Fo0 o°O� ¢, O O O v co o o c 0 O �00M b °' � Z o U�4 ° o v� n U 45 RESOLUTION NO. 2004- A RESOLUTION OF THE OF THE CITY COUNCIL OF LA QUINTA, CALIFORNIA, ESTABLISHING DEVELOPMENT STANDARDS, PRINCIPLES, GUIDELINES AND PROGRAMS FOR 101 RESIDENTIAL LOTS CASE: SPECIFIC PLAN 2004-073 APPLICANT: STONEFIELD DEVELOPMENT, INC. WHEREAS, the City Council of the City of La Quinta, California did, on the 19T" day of October, 2004 hold a duly noticed Public Hearing_to consider a request by Stonefield Development, for approval of a Specific Plan to establish development standards, principles, guidelines and programs to allow the subdivision of ± 40 acres into 101 residential lots for property to be annexed into the City of La Quinta, located at the northwest corner of Monroe Street and Avenue 53, more particularly described as: APN 767-200-01 1 WHEREAS, the Planning Commission of the City of La Quinta, California did on the 28th day of September, 2004, hold a public hearing to consider this request, and adopted Resolution 2004-071, recommending approval of this request; and, WHEREAS, the Community Development Department published a public hearing notice in the Desert Sun newspaper on the 9th day of October, 2004, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, said Specific Plan has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has prepared Environmental Assessment 2004-511 for this Specific Plan in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Planning Commission has determined that the project, as conditioned, will not have a significant adverse impact on the ' environment and therefore, is recommending that a Mitigated Negative Declaration of environmental impact be certified. A Notice of Intent to Adopt a Mitigated Negative Declaration was posted with the Riverside County Recorder's office as required by Section 15072 of the California Environmental Quality Act (CEQA) statutes; and WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the following Mandatory Findings to justify approval of said Specific Plan: PAReports - CC\1 0-1 9-04\Stonefield Devel\sp 04-073 cc res.doc 46 City Council Resolution No. 2004- Specific Plan 2004-073 Stonefield Development, Inc. Adopted: October 19, 2004 Page 2 Finding A - Consistency with General Plan The property is designated Low Density Agriculture/Equestrian Residential. The proposed project will be developed with residential uses and density, which are allowed under the General Plan. Finding B - Public Welfare Enhancement The project will not be detrimental to the public health, safety and welfare in that the project is designed in compliance with the City's General Plan and design the Specific Plan, as well as other County and State standards, such as CEQA. Findings C and D - Land Use Compatibility and Property Suitability The residential project is within a residentially designated and zoned area. The project provides adequate buffering through landscaping and walls to ensure compatibility with surrounding land uses. Additionally, the project will provide adequate perimeter landscaping and acceptable architectural design guidelines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1 . That the above recitations are true and correct and constitute the findings of said City Council in this case; and 2. That it does hereby acknowledge that Environmental Assessment 2004-51 1 has determined that no significant effects on the environment have been identified and mitigation measures are being imposed if needed; and 3. That it does hereby approve Specific Plan 2004-073, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. 4. That Specific Plan 2004-073 shall become effective upon annexation of the property into the City. P:\reports-pc\9-28-04\ sp 03-073 pc res.doc 47 City Council Resolution No. 2004- Specific Plan 2004-073 Stonefield Development, Inc. Adopted: October 19, 2004 Page 3. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 19t' day of October, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\reports-pc\9-28-04\ sp 03-073 pc res.doc 48 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SPECIFIC PLAN 2004-073 STONEFIELD DEVELOPMENT, INC. ADOPTED: OCTOBER 19, 2004 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Specific Plan, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • CalTrans The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. IJ3two P:\Reports - CC\ 10- 1 9-04\Stonef ield Devel\sp 04-073 cc coa.doc 49 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2004-073 STONEFIELD DEVELOPMENT, INC. ADOPTED: OCTOBER 19, 2004 4. The use of the subject property for residential uses shall be in conformance with the approved exhibits and conditions of approval contained in Tentative Tract Map 31874, Specific Plan 2004-073 and Environmental Assessment 2004-51 1, unless otherwise amended by the Conditions of Approval. 5. The Specific Plan text Exhibit 9 (Conceptual Drainage and Grading) shall be revised after City Council approval to include the subsurface drainage facilities. 6. Within 30 days after City Council approval of this Specific Plan, the applicant shall submit five copies of a final text document to the Community Development Department, incorporating all corrections and revisions, conditions of approval and mitigation measures required for this project. PAReports - CC\1 0-1 9-04\Stonefield Devel\sp 04-073 cc coa.doc CJ Jn� 50 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF ± 40 ACRES INTO 101 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT 31874 STONEFIELD DEVELOPMENT, INC WHEREAS, the City Council of the City of La Quinta, California, did on the 19th day of October, 2004, hold a duly noticed Public Hearing to consider the request of Stonefield Development, Inc., for the subdivision of ± 40 acres into 101 single-family residential lots and other miscellaneous lots, located at the northwest corner of Monroe Street and Avenue 53, more particularly described as: APN 767-200-01 1 WHEREAS, the Planning Commission of the City of La Quinta, California did on the 281h day of September, 2004, hold a public hearing to consider this request, and adopted Resolution 2004-072, recommending approval of this request; and, WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has prepared Environmental Assessment 2004-511 for this Tentative Tract Map in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Planning Commission has determined that, as conditioned, the project will not have a significant adverse impact on the environment and therefore, is recommending that a Mitigated Negative Declaration of environmental impact be certified. A Notice of Intent to Adopt a Mitigated Negative Declaration was posted with the Riverside County Recorder's office as required by Section 15072 of the California Environmental Quality Act (CEQA) statutes; and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on the 91h day of October, 2004, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said Public Hearing; upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings to justify approval of Tentative Tract Map 31874: PAReports - CC\ 10- 1 9-04\Stonef ield Devel\tt 31874 cc res.doc 51. City Council Resolution No. 2004- Tentative Tract Map 31874 Stonefield Development, Inc. Adopted: October 28, 2004 1. The Tentative Tract Map and its improvement and design, are consistent with the General Plan in that its street design and lots are in conformance with applicable goals, policies, and will provide adequate infrastructure and public utilities. 2. The design of the subdivision and its proposed improvements are not likely to create environmental damage or substantially and avoidably injure wildlife or their habitat because the site does not contain significant biological resources. 3. The design of the subdivision and subsequent improvements are not likely to cause serious public health problems because the construction of 101 residential units will not have considerable cumulative impacts. The project is consistent with the General Plan, and the potential impacts associated with General Plan buildout. 4. The design of the revised subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to adjacent public streets. 5. That the Local Agency Formation Commission has approved the annexation of the property into the City of La Quinta. This approval will become effective upon certification by LAFCO. 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 does hereby approve Tentative Tract Map 31874 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. 3. That Specific Plan 2004-073 shall become effective upon annexation of the property into the City. rJ J P:\stan/ttms\tt 31874 cc res.doc ) City Council Resolution No. 2004- Tentative Tract Map 31874 Stonefield Development, Inc. Adopted: October 28, 2004 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 19th day of October, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\stan/ttms\tt 31874 cc res.doc 53 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31874 STONEFIELD DEVELOPMENT, INC. ADOPTED: SEPTEMBER 28, 2004 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQM C ") . The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health. Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • SCAQMD Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 54 PAReports - CC\ 10- 1 9-04\Stonefield Devel\tt 31874 cc coa.doc City Council Resolution No. 2004- Conditions of Approval — Recommended Tentative Tract 31874 Stonefield Development, Inc. Adopted: October 19, 2004 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08- DWQ . A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or his/her designer can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. P:\Reports - CC\10-19-04\Stonefield Devel\tt 31874 cc coa.doc 03 55 City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 31874 Stonefield Development, Inc. Adopted: October 19, 2004 F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication. required for this development include: A. PUBLIC STREETS 1) Monroe Street (Primary Arterial, Option A 1 10' ROW) - The standard 55 feet from the centerline of Monroe Street for a total 110-foot ultimate developed right of way except for an additional variable right of way dedication at the proposed primary entry intersection measured a minimum 67 feet west of the centerline of Monroe Street and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 2) Avenue 53 (Collector, 74' ROW) The standard 37 feet from the centerline of Avenue 37 for a total 74-foot ultimate developed right of way except for an additional variable right of way dedication at the proposed secondary entry measured a minimum 47 feet north of the, r �) J PAReports - CC\1 0-1 9-04\Stonefield Devel\tt 31874 cc coa.doc 1 56 City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 31874 Stonefield Development, Inc. Adopted: October 19, 2004 centerline of Avenue 53 and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 9. The applicant shall retain for private use on the Final Map all private street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS Private Residential Streets measured. shall have a 36-foot travel width measured gutter or curb flow line to gutter or curb flow line. Curb design to be approved by the City Engineer. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. Knuckle The knuckle shall conform to the shape shown on the tentative tract map except for minor revision as may be required by the City Engineer. Curve radii for curbs at all street intersections shall not be less than 25 feet or as approved by the Engineering Division on the street improvement plans. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. PAReports - CC\1 0- 1 9-04\Stonefield Devel\tt 31874 cc coa.doc 51 City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 31874 Stonefield Development, Inc. Adopted: October 19, 2004 12. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 13. When the City Engineer determines that access rights to the proposed street right-of- ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 14. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 15. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Monroe Street (Primary Arterial) — A minimum 20-foot from the R/W-P/L. B. Avenue 53 (Collector) - 10-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 30 PAReports - CC\10-19-04\Stonefield Devel\tt 31874 cc coa.doc 58 City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 31874 Stonefield Development, Inc. Adopted: October 19, 2004 16. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 17. Direct vehicular access to Monroe Street and Avenue 53 from lots with frontage along Monroe Street and Avenue 53 is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 18. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 19. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 20. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster - image file of such Final Map. The Final Map shall be of a 1 " = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 21. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 22. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each lin - rD�� PAReports - CC\10-19-04\Stonefield Devel\tt 31874 cc coa.doc 59 City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 31874 Stonefield Development, Inc. Adopted: October 19, 2004 item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. B. C. D. E. F. G. H. On -Site Rough Grading. Plan PM 10 Plan SWPPP Storm Drain Plans Off -Site Street Plan Vertical Off -Site Signing & Striping Plan lit = 40' Horizontal 1 " = 40' Horizontal. 1 " = 40' Horizontal 1 " = 40' Horizontal 1 if = 40' Horizontal, 1 " = 4' 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. On -Site Street Plan On -Site Signing & Striping Plan 1 it = 40' Horizontal, 1 " = 4' Vertical 1 " = 40' Horizontal The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. I. On -Site Precise Grading Plan ill = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. PAReports - CC\10-19-04\Stonefield Devel\tt 31874 cc coa.doc 60 City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 31874 Stonefield Development, Inc. Adopted: October 19, 2004 All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. "Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 23. The City maintains standard plans, detail sheets and/or construction notes for elements of construction on the Public Works Online Engineering Library at http://www.la-guinta.org/publicworks/tractl/z onlinelibrary/0 intropage.htm. 24. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 25. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree t J PAReports - CC\1 0- 1 9-04\Stonefield Devel\tt 31874 cc coa.doc 61 City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 31874 Stonefield Development, Inc. Adopted: October 19, 2004 to any combination thereof, as may be required by the City. 26. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 27. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions that are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on - site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 28. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. 'r3- R\Reports - CC\1 0- 1 9-04\Stonefield Devel\tt 31874 cc coa.doc ,J 1_. s City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 31874 Stonefield Development, Inc. Adopted: October 19, 2004 E. To agree to any combination of these means, as the City may require. Off -Site Improvements should be completed on a first priority basis. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 29. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1/2 if x 11 if reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. C;RAn1NC-. 30. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 31. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 32. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, PAReports - CC\10-19-04\Stonefield Devel\tt 31874 cc coa.doc City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 31874 Stonefield Development, Inc. Adopted: October 19, 2004 B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 33. The applicant shall maintain all -open graded, undeveloped land in order to prevent wind and/or water erosion of such Land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 34. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches 0.5 ") in the first eighteen inches 0 8") behind the curb. 35. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. r `J R\Reports - CC\1 0- 1 9-04\Stonefield Devel\tt 31874 cc coa.doc 64 City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 3.1874 Stonefield Development, Inc. Adopted: October 19, 2004 36. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 37. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 38. Prior to the issuance of a building permit for any building lot, the applicant shall provide a .lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. nRAINA(;F 39. The applicant shall revise proposed retention basins to comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. Additionally, the 100 year stormwater shall be retained within the interior street right of way. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 40. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. The sand filter and leach field shall be designed to contain nuisance water surges totaling the following: 3.43 gph/2,000 sq. ft. of landscape area, 3.43 gph per residential'unit, 416.7 gallons per hour per well site and off -site street nuisance water. The sand filter design shall be per La Quinta Standard 370 with the equivalent of 137.2 gph of water feed per sand filter to accept the above mentioned nuisance water requirements. Leach line requirements are 1.108 feet of leach line per gph of flow. PAReports - CC\1 0- 1 9-04\Stonefield Devel\tt 31874 cc coa.doc J jNa 65 City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 31874 Stonefield Development, Inc. Adopted: October 19, 2004 41. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 42. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 43. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover.. For retention basins on individual lots, retention depth shall not exceed two feet. 44. Stormwater may not be retained in landscaped parkways or landscaped setback lots Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 45. The design of the development shall not cause any. increase in flood boundaries, levels or frequencies in any area outside the development. 46. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 47. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 48. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 49. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic' purposes. 50. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. �3 Q 66 PAReports - CC\1 0-1 9-04\Stonefield Devel\tt 31874 cc coa.doc City Council Resolution No. 2004- Conditions of Approval — Recommended Tentative Tract 31874 Stonefield Development, Inc. Adopted: October 19, 2004 All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 51. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 52. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC . for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 53. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Monroe Street (Primary Arterial, Option A; 1 10' R/W): Widen the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the west side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The west curb face shall be located forty-three feet (43') west of the centerline, except at locations where additional street width is needed to accommodate: a) Bus turnout (if required by Sunline Transit) b) A deceleration/right turn only lane at Primary Entry. The west curb face shall be located fifty five feet (55') west of the centerline and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedicatignSO 6'7 PAReports - CC\10-19-04\Stonefield Devel\tt 31874 cc coa.doc City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 31874 Stonefield Development, Inc. Adopted: October 19, 2004 an additional 50 feet. Other required improvements in the Monroe Street right or way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs. b) A 10-foot wide Multi -Purpose Trail. The applicant shall construct a multi -use trail per La Quinta Standard 260 and Specific Plan 04-073 along the Monroe Street frontage within the landscaped setback. The location and design of the trail shall be approved by the City. A split rail fence shall be constructed in .accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. Bonding for the fence to be installed shall be posted prior to final map approval. At grade intersection crossings shall be of a medium and design and location as approved by the Engineering Department on the street improvement plan submittal. C) Half width of an 18 - foot wide raised landscaped median along the entire boundary of the Tentative Tract Map. d) Establish a benchmark in the Monroe Street right of way and file a record of the benchmark with the County of Riverside. 2) Avenue 53 (Collector Street; 74' R/W) Widen the north side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the north side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The north curb face shall be located twenty-five feet (25') north of the centerline. Other required improvements in the Avenue 53 right or way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs. b) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and PAReports - CC\10-19-04\Stonefield Devel\tt 31874 cc coa.doc Jf' J City Council Resolution No. 2004- Conditions of Approval — Recommended Tentative Tract 31874 Stonefield Development, Inc. Adopted: October 19, 2004 convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed .250 feet. 3) Traffic Signal at Monroe Street and Avenue 53. The applicant shall be required to pay for 25% of the signalized intersection. Applicant is responsible for 25% of the cost to design and install the traffic signal. Applicant shall enter into a SIA to post security for 25% of the cost to design and install the traffic signal prior to issuance of an on -site grading permit; the security shall remain in full force and effect until the signal is actually installed. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Construct 36-foot wide travel width as shown on the tentative map measured from gutter flow line to gutter flow line where parking is allowed on both sides of the street. 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. D. KNUCKLE 1) Construct the knuckle to conform to the lay -out shown in the tentative tract map, except for minor revisions as may be required by the City Engineer. PAReports - CC\10-19-04\Stonefield Devel\tt 31874 cc coa.doc 69 552 City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 31874 Stonefield Development, Inc. Adopted: October 19, 2004 54. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet. from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum width of 20 feet of total paved roadway surface or as approved by the Fire Department. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 55. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: . Residential 3.0" a.c./4.5" c.a.b. Collector 4.0" a.c /5.0" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 56. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. PAReports - CC\10-19-04\Stonefield Devel\tt 31874 cc coa.doc 70 City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 31874 Stonefield Development, Inc. Adopted: October 19, 2004 57. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Monroe Street): Right turn movements in and out are permitted; Left turn movement out are restricted. Left turn movements in are restricted until the east side of Monroe Street is improved to it's ultimate General Plan right of way width and full width street improvements installed. B. Secondary Entry (Avenue 53): Full turn movements are permitted. 58. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 59. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 60. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 61. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 62. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 63. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect and reviewed by the Architecture and Landscaping Review Committee. 64. The applicant shall submit the final landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works 'rz)t,�) 4 71. PAReports - CC\1 0-1 9-04\Stonefield Devel\tt 31874 cc coa.doc City Council Resolution No. 2004- Conditions of Approval — Recommended Tentative Tract 31874 Stonefield Development, Inc. Adopted: October 19, 2004 Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior tosubmittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 65. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. PUBLIC SERVICES 66. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 67. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 68. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 69. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement. plans that were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. 535 72 PAReports - CC\10-19-04\Stonefield Devel\tt 31874 cc coa.doc City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 31874 Stonefield Development, Inc. Adopted: October 19, 2004 MAINTENANCE 70. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 71. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 72. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 73. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 74. Within 24 hours of approval of the tentative tract map by the City Council, the developer shall submit to the Community Development Department, a check made out to the County of Riverside for $1,314 to allow filing of a Notice of Determination for Environmental Assessment 2003-492 as required by State law. 75. Prior to final map approval by the City Council, the developer shall meet the Parkland Dedication requirements by payment of in -lieu fees as set forth in Section 13.48 of the La Quinta Municipal Code. FIRE MARSHAL 76. For single family residential areas, approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2-hour duration at 20 PSI. 78. Blue dot retro-reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 79. Any turn or turn -around requires a minimum 38-foot turning radius. !-Ok.0 6 7 3 PAReports - CC\1 0- 1 9-04\Stonefield Devel\tt 31874 cc coa.doc City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 31874 Stonefield Development, Inc. Adopted:. October 19, 2004 80. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 81. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 82. Any gate providing access from a public roadway to a private entry roadway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 83. Gates shall be automatic, minimum 20 feet in width and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 84. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 85. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 86. Building plan check is to run concurrent with the City plan check. Submittals are the responsibility of the owner. MISCELLANEOUS 87. Perimeter wall designs including height, color, material, design shall approved by the Architecture and Landscaping Review Committee and Planning Commission prior to issuance of building permit for the wall. 88. Proposed street names with a minimum of two alternative names per street shall be submitted to the Community Development Department for approval. Names to be approved prior to recordation of final map. 89. All mitigation measures contained in Environmental Assessment 2004-51 1 shall be met. J J�74 PAReports - CC\10-19-04\Stonefield Devel\tt 31874 cc coa.doc City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract 31874 Stonefield Development, Inc. Adopted: October 19, 2004 90. Prior to final map approval, the developer shall submit to the Community Development Department for review, a copy of the proposed Covenants, Conditions, and Restrictions (CC and R's) for the project. 91. This tentative tract map shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to the requirements of Division 13 of the La Quinta Municipal Code. 92. Production homes require approval of a Site Development permit application by the Planning Commission. 93. Recreational amenities shall be provided within the project on the "park" site as conceptually shown in Specific plan 2004-073. 94. Multi -use trail improvements as shown in Specific Plan 2004-073 shall be provided as approved by the City. Maintenance of the trail improvements shall be by the developer and/or Homeowners Association. 95. Police Department comments on file in the Community Development Department shall be considered and implemented where feasible. 96. The two cul-de-sacs closest to the west property line shall be redesigned to move them away from the west property line to the satisfaction of the Community Development Department. 75 PAReports - CC\1 0-1 9-04\Stonefield Devel\tt 31874 cc coa.doc 76 Planning Commission Minutes September 28, 2004 Street and Lake La Quinta Drive. 1 . Chairman Kirk opened the pub ' wring and asked for the staff report. Staff informed ommission that the applicant had requested a contin ce to October 12, 2004. 2. It oved and seconded by Commissioners Daniels/Quill to ontinue the project to September 28, 2004. Unanimously approved. B. Environmental Assessment 2004-511, Specific Plan 2004-073, and Tentative Tract Map 31874; a request of Stonefield Development, Inc. for consideration of establishing development principles, guidelines and programs to allow the subdivision of 40 acres into 102 residential lots for the property located at the northwest corner of Monroe Street and Avenue 53. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff asked that a condition be added per the request of the Coachella Valley Unified School District regarding providing a bus turnout on Monroe Street. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked what was happening in area 3 in the southeast section. Staff stated it was the retention basin and the other area is a park. 3. Commissioner Quill asked staff to explain the process for the annexation of this site and the environmental impacts. Interim Community Development Director Oscar Orci explained the process and the environmental determination. 4. Chairman Kirk asked about the Mitigation Monitoring Report in regard to temporary power. Staff explained they were required to have temporary power poles to avoid onsite generators. Chairman Kirk asked if these were mitigation measures that went beyond what the Code requires. Staff explained the mitigation measures are based on CEQA, not Code requirements. �60 G:\WPDOCS\PC Minutes\9-28-04.doc t'J r 77 b� 1� Planning Commission Minutes September 28, 2004 5. Commissioner Daniels asked if the cul-da-sac in the northwest corner would go to the adjacent property. Staff stated no. The property to the west is a private development and there is no intention to join the two. Commissioner Daniels asked if they could pull the cul-de-sacs back to allow more landscaping area. Staff stated this would be a question for the applicant. Commissioner Daniels asked why they submitted a Specific Plan. There does not appear to be an advantage to having the Specific Plan. What is the advantage in this project. Staff stated they have provided an enhanced multi -use trail. 6. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Mike Peroni, The Keith Companies, representing the applicant, gave a presentation on the project. He also explained the cul-de-sac would be landscaped so it does not appear to be a dead-end street. This cul-de-sac setback from the property line is 17 feet and the other is ten feet. The setback where the equestrian facility on the north side has been increased to 30 feet wide, has been enhanced for the equestrian users. In regard to the common recreation area, they have three zones of activity. Shade structure, play area, and a basketball court. 7. Commissioner Ladner asked if the City maintains the trails. Assistant City Engineer Steve Speer stated that for the most part they are maintained by the homeowners' association. Commissioner Ladner asked whose responsibility was it to insure the trail. Staff stated the HOA. Commissioner Ladner stated it will be difficult for the HOA to insure the trail area. 8. Commissioner Quill stated this may need to be answered at the staff level. Assistant City Engineer Steve Speer stated it is not in the right-of-way and therefore the responsibility of the HOA. 9. Commissioner Ladner stated the insurance carriers do not want to carry them so it may not be possible for the HOA to get the necessary insurance. City Attorney Kathy Jenson asked if an easement is to be dedicated for public use. As a basic rule there is a provision that if the City owns or controls it, it can be a responsibility of the City. If there is a cause of action the City will be liable. There could be a shared liability issue. Assistant City Engineer Steve Speer stated it is a privately maintained system. G:\WPDOCS\PC Minutes\9-28-04.doc 78 Planning Commission Minutes September 28, 2004 Some of these details have not been worked out. 10. Commissioner Ladner stated it is easier for the City to insure the trail. In the instances where she has worked with an HOA to obtain insurance, the HOA has not been able to obtain the insurance. 11. Mr. Art McCaul, Stonefield Development, stated they have done a lot of developments that have horse trails. This is a lettered lot and will be dedicated to the City. In other instances it has always been a part of the Master Trail System and the City has taken the liability. From a practical manner, they want it maintained by the City. This has been an understanding they have had from the beginning. 12. Chairman Kirk asked for an explanation of Exhibit 9, on the east/west road, as the drainage does not appear to be headed toward the drainage system. Is this a subsurface system? Mr. Doug Franklin, engineer for the project, stated there will be a storm drain. The drainage will be split between Lot R and Lot U. The low points will have a catch basin. Chairman Kirk asked if they have seen the Vista Santa Rosa design guidelines. Mr. Peroni stated yes. Chairman Kirk asked if something was developed across the street in the County, will this be compatible with this development. Mr. Peroni stated the goal is to have a rural atmosphere. 13. Commissioner Daniels asked if the two western cul-de-sacs were shortened, would there be any repercussions? Is there way to shorten the cul-de-sac without losing a lot? Mr. Peroni stated they would need to work with it to see if this could be done. Mr. McCaul stated there will be a perimeter wall and landscaping to buffer the cul-de-sacs. 14. Commissioner Daniels asked if they have any issue with the conditions. Mr. Doug Franklin stated they have a concern with the deceleration lane because with the enhanced trail, it does not appear there will be enough room. Mr. McCaul stated the property owner to the south would have more room for the deceleration lane. Assistant City Engineer Steve Speer stated it has more to do with where Sunline and the School District want their bus turnout to be located. They pick the locations and staff works with them '-, 160�' V3 G:\WPDOCS\PC Minutes\9-28-04.doc 7 a Planning Commission Minutes September 28, 2004 to ensure they are safe locations. Interim Community Development Director Oscar Orci stated the condition stated a bus turn will be required if Sunline determines the need. Staff can add the school district to that condition. 15. Commissioner Quill suggested staff obtain a master bus turnout map from the school district that showed their preferred locations. 16. Chairman Kirk asked if there was any other public comment. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 17. Commissioner Daniels asked about the lot configuration. 18. Commissioner Quill stated the only way to accomplish what they want on the cul-de-sacs is to have flag lots. Staff stated the adjoining project proposes a well site at this location. Following discussion, Commissioner Daniels stated he would still like to see the cul-de-sac moved back. 19. Chairman Kirk commended the applicant on their Specific Plan. 20. Commissioner Quill stated that if the lot is deeded to the City the HOA can maintain the trail. 21. Chairman Kirk reopened the public hearing. Mr. McCaul stated they would be happy to maintain the trail. City Attorney Kathy Jenson stated there is no expressed condition that requires them to maintain the trail. She assumes the City will have an easement, but the maintenance will be on the developer and should be set out in the conditions. It is strange to have the City own the property in fee and another entity maintain it. This project will go to the City Council and staff can review the issue with the applicant. 22. It was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2004-070, recommending certification of a Mitigated Negative Declaration for Environmental Assessment 2004-511, as recommended: G:\WPDOCS\PC Minutes\9-28-04.doc 80 Planning Commission Minutes September 28, 2004 ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioners Krieger. ABSTAIN: None. 23. It was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2004-071, recommending approval of Specific Plan 2004-073, as recommended: ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Krieger. ABSTAIN: None. 24. It was moved and seconded by Commissioners Daniels/ to adopt Planning Commission Resolution 2004-074 recommending approval of Tentative Tract Map 31874, as recommended and amended: a. Condition added: The applicant shall work with staff to redesign the cul-de-sac to increase the landscape setback. b. Condition added: Show subterranean drainage on Exhibit "A" of the Specific Plan. C. Condition added: If the site is critical to Sunline and/or CVUSD then a bus turnout shall be provided as approved by the Public Works Department. Staff shall obtain a copy of the Coachella Valley Unified School District's master plan of bus turnouts. d. Condition added: Staff shall work with the applicant to clarify the subject parcel for the multi -purpose trail, will be maintained by the developer or HOA. ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Krieger. ABSTAIN: None. C. Village Permit 2004-019; a request of Dr.. John Dixon for consideration development plans for construction of a 4,494 square foot addition to an isting 1,450 square foot building for medical office uses for the property ated at the northeast corner of Desert Club Drive and Calle Cadiz. 1. Chairman Kirk excused him If due to a potential conflict of interest due to the location of his me. G:\WPDOCS\PC Minutes\9-28-04.doc � Cv OF 9ti COUNCIL/RDA MEETING DATE: October 19, 2004 ITEM TITLE Public Hearing to Adopt Resolutions of the City Council Certifying a Negative Declaration of Environmental Impact for Environmental Assessment 2004-521 and Approving an Amendment to the General Plan (GPA 2004-102), Housing Element Update RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving a Negative Declaration of environmental impact for Environmental Assessment 2004-521; and Adopt a Resolution of the City Council approving an amendment to the General Plan (GPA 2004-102), Housing Element Update. FISCAL IMPLICATIONS None. CHARTER 0ITY IMPLICATIONS None. BACKGROUND AND OVERVIEW: 1. Overview of the Housing Element Process and Requirements A. Background on Housing Element Process The Housing Element is one of seven State required parts of the City's General Plan and represents the ity's policy document for meeting all of its housing needs, including housing affordable to low- and moderate -income families. Every city and county in California is required by State law to periodically update its Housing S:\CityMgr\STAFF REPORTS ONLY\PH 3 GP Housing Element.doc J J Element. Additionally, the law requires the Housing Element be reviewed and certified by the State Department of Housing and Community Development (HCD). The Housing Element is the only Element of the City's General Plan that must be certified by the State. The main purpose of the Housing Element is to determine how the City will handle its increased demand for housing. To ensure that cities do not overlook their responsibilities to provide housing for households of all income levels, each city is assigned a "fair share" number of new housing units for various income levels that it needs to try to accommodate. This "fair share" number is called the Regional Housing Needs Assessment (RHNA). The RHNA originates at the HCD, which determines a State-wide growth number and then assigns a proportion of the State- wide number to each regional planning agency, which for La Quinta is the Southern California Association of Governments (SCAG). SCAG then allocates a proportional share to each jurisdiction within the SCAG region. The City of La Quinta received a RHNA of 913 total units. - The update of a Housing Element generally occurs through a five -step process: 1) . Assessment of existing Housing Element; 2). Evaluation of housing needs: existing needs (e.g., overpayment), growth needs (e.g., RHNA), and special needs (e.g., elderly); 3). Analysis of Housing Resources and Constraints; both governmental (e.g., development standards) and non -governmental (e.g., endangered species habitat); 4). Refinement of goals, policies, and objectives in the context of housing needs, resources, and constraints; and 5). Creation of a Five -Year Action Plan, which details the schedule, actions, and responsible parties needed to implement the goals, policies, and objectives of the Housing Element. After the City develops a draft of the revised Housing Element, a copy is sent to the HCD for review. The State then has 60 days to review and comment on the Element for compliance with State law. After modifying the Element to respond to the State's comments, the City re -submits a second revised draft Housing Element for another 60-day review period. At this stage, the State typically grants certification to the City's Housing Element. 6. S:\CityMgr\STAFF REPORTS ONLY\PH 3 GP Housing Element.doc B. Background on Adoption of Housing Element The City's 2004 Housing Element (Attachment 1) covers the planning period of 1998-2005. Normally, the City would expect to have begun the update process in 1998 and complete the update by 2000. However, four events transpired to cause the City to delay the update and certification until now. First, the assignment of housing growth needs, the central theme of the Housing Element, was not distributed by SCAG to their jurisdictions until October 2000. The delay was caused by infighting between cities and counties over the amount of growth allocated. The dispute rose to such levels that jurisdictions within Riverside and San Bernardino Counties sued the State and SCAG, arguing that the housing unit goals assigned to the Inland Empire were unrealistically and inequitably large. A decision was not handed down until April 2003, at which point a court ruled that the State could not withhold funding based on a jurisdiction's failure to accommodate SCAG's RHNA allocations. Accordingly, the City could not receive a final confirmation of the RHNA figures until early 2003. A second event was the 2000 Census. Although the Census is conducted in April of 2000, the results are not tabulated and released for many of the city -level population and housing statistics until late in 2002. To ensure that the Housing Element represents the most up-to-date information possible, the update of a significant portion of the housing profile and needs data was delayed until after the release of the 2000 Census data. The use of 2000 Census data will aid future updates of the Housing Element and ensure consistency between the Housing Element and the other elements of the General Plan. The update of the City's General Plan represents the third event that delayed update of the Housing Element. In 2000, the City began to update the Land Use Element as part of a full General Plan update. Accordingly, the City decided to halt the Housing Element update until the completion of the revised Land Use Element in order to produce a more accurate and functional Housing Element. The revised Housing Element is now consistent with the City's General Plan. The City submitted the first draft of the revised Housing Element to HCD on November 6, 2002 (Attachment 2) and responded to the State's comments with a second submittal on March 1, 2004. This second submittal was the result of several discussions with the State assigned staff person to review the City's Housing Element. Certification was expected at this juncture. The fourth event was the main cause for the delay in certification of the City's Housing Element. After the second submittal, the State did not grant certification to the City's Housing Element, citing that the City had still not shown a diligent r T FF REPORTS ONLY PH 3 GP Housing Element.doc a 3 S:\CityMg \S A \ g effort to achieve an adequate level of public participation. A conversation with State staff confirmed that the reason for the State's reluctance to grant certification was based on a letter from the California Rural Legal Assistance (CRLA). CRLA raised questions on public participation, farm worker housing, the Vista Dunes Mobile Home Park, and constraints to building affordable housing in La Quinta. The City and its consultant held several conversations with the State on the concerns of CRLA and public participation. The City prepared a response letter on June 7, 2004 (Attachment 2) that included substantial text detailing the outreach efforts of the City during the preparation of the General Plan update and Housing Element update. The City and its consultant then held detailed conversations confirming the adequacy of text. After several weeks of additional review, the State decided the City had still not demonstrated diligent efforts to achieve public participation and requested the City mail copies of the Housing Element to: Martha's Village & Kitchen, Catholic Charities, Coachella Valley Rescue Mission, Desert AIDS Project, Desert Alliance for Community Empowerment, Habitat for Humanity of the Coachella Valley, and the Housing Authority of the County of Riverside. On August 23, 2004, the City distributed copies of the Housing Element to these organizations and received public input up until September 14, 2004 (Attachment 2). The City also distributed copies of the Housing Element's draft Negative Declaration to local and State agencies on August 25, 2004 for a 30-day public review period. The City received responses on the Housing Element from the County Housing Authority, Coachella Valley Rescue Mission and the Coachella Valley Housing Coalition. As previously stated, the City has responded to their concerns. Their letters and the City's responses are attached (Attachment 2) . 2. La Quinta's Regional Housing Needs Assessment ("RHNA") Allocation The 1999 RHNA proposes that La Quinta construct 913 new housing units to accommodate housing needs for all income groups during the planning period January 1998 through June 2005. According to SCAG, 178 new units are needed to accommodate very low-income households, 103 new units to accommodate low-income households, and 196 new units to meet the needs of moderate -income households. Approximately half of the new units (436) cited by the RHNA to accommodate growth, will be for above moderate -income households, which can be provided through market -rate housing. The RHNA is calculated by factoring projected population, vacancy rates, housing market removals and existing housing units, adjusted by income categories to 1 , S:\CityMgr\STAFF REPORTS ONLY\PH 3 GP Housing Element.doc J r reflect income distribution in•the community. The City's 913 unit future housing need represents 4.4 percent of the Coachella Valley's future housing need, though La Quinta households constitute 6.2 percent of the Valley's total number of households. 3. Available Resources and Constraints A. Land Resources and Development Potential Land Resources: Future residential development in the City of La Quinta will take place throughout the City, primarily in areas for which specific plans and tract maps have been approved. These properties include vacant and undeveloped lands presently within the City of La Quinta and its Sphere of Influence area that are adjacent to, or within service hook-up distance from, public sewer, water, and street systems; as well as scattered infill sites in the Cove and Village. The 2002 General Plan designates 5,839 vacant acres for residential development which could result in 13,195 units in the City. This includes 86.7 acres of High Density, which accommodates multi -family and potential sites for housing affordable to lower -income households (with assistance). Although land designated for High Density Residential is limited, it is the City's policy that land will continue to be re -designated to Higher Density Residential or Mixed -use designations on a case -by -case basis in order to accommodate projects that propose inclusion of affordable units. Another significant land use designation resource for development of Higher Density Residential is within the Mixed Regional Commercial, as well as recently amended Commercial Park designation, both of which allow for residential development of up to 16 dwelling units per acre. There is a potential for over 500 infill lots in the Cove, which could provide market -rate moderate- and low-income new housing potential. It is important to note that only lands within City boundaries can be considered for the purposes of accommodating the RHNA allocation. This can include lands recently annexed, or that will be annexed into the City and those likely to develop during the planning period. Such development includes 101 units at the Village at the Palms, two to three tracts of approximately 100 units each in the Coral Mountain Specific Plan, and 100 units within the Trilogy by Shea Homes, for 500 market -rate units. Development Potential within the Planning Period, assuming development continues. at a rate similar to that which occurred between 1989 and 2003, it can be S:\CityMgr\STAFF REPORTS ONLY\PH 3 GP Housing Element.doc 569 expected that up to 9,204 new units will be completed during the 1998-2005 planning period. This significantly exceeds the RHNA in all income categories. There is sufficient land designated at appropriate designations to accommodate the number of units allocated by the RHNA for the very low- and low-income households. New projects that propose inclusion of affordable units may have involvement with the City and the RDA for assistance. B. Significant Governmental and Non -Governmental Constraints Constraints on the construction and affordability of housing include: land costs, financing, development standards, local permitting procedures, and impact fees. The City has given close consideration to ways in which it can mitigate possible constraints. For example, processing time and fees can add to the cost of development of housing, which is often passed on in rents or purchase price. The City will continue .to prioritize processing for projects with affordable housing components. Additionally, to facilitate the availability of second units as a housing resource, the City will consider the reduction of garage or parking requirements on a case -by -case basis. As an incentive to an affordable or senior housing project, the City will consider paying particular fees on a case -by -case basis based on the analysis of the attributes of a project such as: Fringe -toed Lizard fee; school assessment fees; and water and sewer hook up fees. The City will also consider payment or reimbursement of certain City fees such as Development Impact fees, Art in Public Places fees, select permit processing fees, and building inspection and plan check fees. 4. Policies and Actions to Accommodate Affordable Housing A. Quantified Objectives - New construction, assistance, rehabilitation in housing markets of the past, and land designated for high density typically could accommodate housing affordable to lower income households. In the present housing market, products developed as mixed use or high density residential can only be sold/rented at market -rates if they receive some form of assistance and/or incentives . in order to provide affordable housing units. Accordingly, the Redevelopment Agency has been incredibly proactive in working with developers and non -profits to provide enough units affordable to low- and very low-income households, to the extent that the RHNA numbers are actually exceeded in both categories. ,i1: 06 S:\CityMgr\STAFF REPORTS ONLY\PH 3 GP Housing Element.doc Moreover, the types of projects with affordability components incorporate a wide range of housing products, including: senior apartments, senior detached units; traditional family apartments; cluster homes; detached single-family units; and mobile home park rehabilitation and replacement with manufactured or site built housing. This variety allows a larger proportion of the population to gain access to affordable housing. As part of the Housing Element, the City sets forth quantified objectives for new. construction, financial assistance, and rehabilitation activities during the planning period. The City's new construction objectives (a combination of existing, in the pipeline, or under construction, and proposed under negotiations, which count towards the RHNA) total over 9,200 units, of which 7,872 are planned for above moderate -income households. New construction objectives in the lower three income categories exceed the RHNA allocations. The City also plans on preserving or providing financial assistance to 919 households and rehabilitating 155 housing units during the planning period. The majority of preservation and assistance activities will occur through the Assessment Subsidy Program (427 units) and La Quinta Silent Second Trust Deed Program (229 units). Rehabilitation efforts will be focused in the older residential areas of the City as well as the existing mobile home stock. Funds and activities will occur through programs such as the La Quinta Rehabilitation Program, Riverside County Senior Housing Grants, and Redevelopment Set -Aside funds. Planning Commission Action The Planning Commission reviewed this item on September 28, 2004 and continued it to October 12, 2004, and asked staff to provide all comment letters. Staff provided the following (Attachment 1): • A copy of a letter sent to the Department of Housing and Community Development on October 7tn; • City letters sent to agencies asking for comments; • All comment letters received; and • As requested by HCD, and the City's Response to the comments received on the Draft Housing Element The Planning Commission, at its October 12, 2004 meeting, recommended certification of a Negative Declaration of environmental impact and approval of an Amendment to the General Plan (GPA 2004-102), Housing Element Update by adoption of Planning Commission Resolutions 2004-079 and 2004-080 (Attachment 3). S:\CityMgr\STAiFF REPORTS ONLY\PH 3 GP Housing Element.doc � Public Notice The proposed Environmental Assessment, General Plan Amendment, and Housing Element Update were advertised in the Desert Sun newspaper on September 29, 2004. The public hearing notice was published as a 1/8-page display advertisement. FINDINGS AND ALTERNATIVES Findings necessary to certify the Environmental Assessment and approve the General Plan Amendment can be made and are contained in the attached Resolutions. 1. Adopt a Resolution of the City Council certifying a Negative Declaration of environmental impact for Environmental Assessment 2004- 521; and Adopt a Resolution of the City Council approving an Amendment to the General Plan (GPA 2004-102), Housing Element Update; or 2. Do not adopt the Resolutions certifying the Environmental Assessment or approving the Amendment to the General Plan; or 3. Provide staff with alternative direction. Respectfully submitted, Oscar Orci, Interim Community Development Director Approved for submission by: rIT4.,�O" lje:-:90� Thomas P. Genovese, City Manager S:\CityMgr\STAFF REPORTS ONLY\PH 3 GP Housing Element.doc ± 08 072 Attachments: 1. La Quinta Draft Housing Element and Negative Declaration (Council only) 2. City letter to HCD City letter requesting comments Comment letters received City's Response to Comments 3. Excerpts from Planning Commission Draft Minutes of October 12, 2004 "; 3 S:\CityMgr\STAFF REPORTS ONLY\PH 3 GP Housing Element.doc RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT , PREPARED FOR GENERAL PLAN AMENDMENT 2004-102 CASE NO.: ENVIRONMENTAL ASSESSMENT 2004-521 GENERAL PLAN AMENDMENT - HOUSING ELEMENT APPLICANT: CITY OF LA QUINTA WHEREAS, City Council of the City of La Quinta did on the 191h day of October, 2004 hold a duly noticed Public Hearing to consider the proposed Environmental Assessment for the General Plan Amendment Housing Element Update; and WHEREAS, the Planning Commission of the City of La Quinta did on the 28" day of September, 2004, and the 12th day of October, 2004 hold a duly noticed Public Hearing and recommended certification by adoption of Resolution 2004-079; and WHEREAS, the City Council of the City of La Quinta, California previously adopted Resolution 2002-44 as a comprehensive update of the General Plan for the City pursuant to Sections 65350 et seq. of the California Planning and Zoning Law; and WHEREAS, Environmental Impact Report (SCH #20000991023) has been prepared, adopted under City Council Resolution 2002-43, and certified for the General Plan as prescribed by the California Environmental Quality Act and identifies various mitigation measures to a level of insignificance and identifies certain impacts which cannot be so mitigated with a Statement of Overriding Considerations; and, WHEREAS, the City has prepared the Initial Study and Negative Declaration in compliance with California Environmental Quality Act (CEQA) and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., (CEQA Guidelines); and, WHEREAS, the Community Development Director has determined that said Amendment will not have a significant adverse impact on the environment due to the mitigations measures required in the General Plan EIR and incorporated herein by this reference and that a Negative Declaration of environmental impact should be filed; and, WHEREAS, the Planning Commission of the City of La Quinta, does recommend to the City Council certification of the Environmental Assessment; and, �'7 4 PAReports - CC\10-19-04\General Plan Housing Element= RESO EA 2004-521 Housing Element.doc 10 City Council Resolution No. 2004- Environmental Assessment 2004-521 General Plan Mousing Element Adopted: October 19, 2004 Page 2 WHEREAS, the City mailed a Notice of Intent to adopt the Mitigated Negative Declaration in compliance with Pubic Resources Code Section 21092 on the 14' day of September, 2004 to the Riverside County Clerk; and WHEREAS, the City published a Public Hearing Notice to adopt the 'Mitigated Negative Declaration and associated Initial Study in the Desert Sun newspaper on September 29, 2004, such notice was also mailed to concerned agencies, and all public entities entitled to such notice; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following findings to justify certification of said Environmental Assessment: 1. That the Negative Declaration has been prepared and processed in compliance with the State CEQA Guidelines and the City's implementation procedures. The Planning Commission has independently reviewed and considered the information contained in the Negative Declaration, and finds that it adequately describes and addresses the environmental effects of the Project, and based upon the Initial Study, the comments received thereon, and the entire record of proceeding for this Project, and finds that there are no significant environmental effects resulting from this project. 2. The Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant impacts were identified by Environmental Assessment 2004-521. 3. The Project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number, or restrict the range of, rare or endangered plants or animals or eliminate important examples of the major periods of California history, or prehistory. 4. There is no evidence before the City that the Project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. City Council Resolution No. 2004- Environmental Assessment 2004-521 General Plan Housing Element Adopted: October 19, 2004 Page 3 5. The Project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 6 The Project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the Project. 7. The Project will not have the environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 8. The City Council has fully considered the proposed Negative Declaration and the comments, if any, received thereon. 9. The Negative Declaration reflects the independent judgment and analysis of the City Council. 10. The location of the documents which constitute the record of proceedings upon which the City Council decision is based upon, are located in the La Quinta City Hall, Community Development Department, 78-495 Calle Tampico, La Quinta, California, 92253. 11. Based upon the Initial Study and the entire record of proceedings, the Project has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code § 711.2. 13. The City Council has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 California Code of Regulations 753.5(d). NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct, and constitute the findings of the City Council for this Environmental Assessment. 5 �13 12 City Council Resolution No. 2004- Environmental Assessment 2004-521 General Plan Housing Element Adopted: October 19, 2004 Page 4 2. That it does hereby approve a Negative Declaration of environmental impact for Environmental Assessment 2004-521 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, on file in the Community Development Department and attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of October, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 13 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT UPDATING THE HOUSING ELEMENT CASE NO.: GENERAL PLAN AMENDMENT 2004-102 HOUSING ELEMENT APPLICANT: CITY OF LA QUINTA WHEREAS, City Council of the City of La Quinta did on the 19' day of October, 2004 hold a duly noticed Public Hearing to consider the proposed General Plan Amendment Housing Element Update; and WHEREAS, the Planning Commission of the City of La Quinta, California did on the 281h day of September, 2004, and the 12th day of October, 2004 hold a duly noticed public hearing, and recommended approval by adoption of Resolution 2004-080; and WHEREAS, the City Council of the City of La Quinta, California previously adopted Resolution 2002-44 approving a comprehensive update of the General Plan for the City pursuant to Sections 65350 et seq. of the California Planning and Zoning Law; and, WHEREAS, it is recognized that the current General Plan Housing Element requires revisions and update to assure compliance with current State laws and regulations, WHEREAS, the General Plan Housing Element contains an assessment of housing needs and an inventory of resources and constraints to meeting the needs as required by Section 65583(a) of the Government Code; and, WHEREAS, the General Plan Housing Element contains a statement of the community's goals, quantified objectives, and policies to achieve the objectives of the element as required by Section 65583 (b) of the Government Code; and, WHEREAS, the General Plan Housing Element contains a program which sets forth a yearly schedule of actions to implement the policies and achieve the objectives of the Housing Element as required by Section 65583 (b) of the Government Code; and, WHEREAS, the City's unique population characteristics, economic conditions, housing conditions, residential density objectives and Redevelopment Agency financial resources were considered in the preparation of the General Plan Housing Element update; and, P:\Reports - CC\1 0-1 9-04\General Plan Housing Element\CC RESO GPA 2004-102 Housing Element.doc 14 578 City Council Resolution 2004- General Plan Amendment 2004-102 Housing Element October 19, 2004 WHEREAS, a General Plan Housing Element was submitted to the Department of Housing and Community Development for review and comment; and.. WHEREAS, the City has considered the findings made by the Department of Housing and Community ,Development and other entities and persons that have provided written and oral comment to the City and the Department of Housing and Community Development; and, WHEREAS, said General Plan Amendment has complied with the requirements of The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2004-521), and determined that the Housing Element will not have a significant impact on the environment and la Negative Declaration of environmental impact is recommended for certification; 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 to justify approval of said General Plan Amendment updating the Housing Element : 1. The General Plan Housing Element is internally consistent and consistent with the other Elements of the General Plan, and reflects updated statistics and information regarding the City's current and anticipated conditions. 2. The General Plan Housing Element is compatible with land use designations in the Land Use Element and other Elements of the General Plan. 3. The General Plan Housing Element will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting programs and policies improve the preservation and development of housing. 4. The General Plan Housing Element addresses changes in specific circumstances and changes in general conditions since the adoption of the previous Housing Element. 5. The City is required by State laws and regulations to update the Housing Element in a five year cycle and the General Plan Housing Element achieves this mandatory requisite. 6. The City has considered all comments made by the Department of Housing and P:\Reports - CC\ 10- 1 9-04\General Plan Housing Element\CC RESO GPA 2004-102 Housing Element.doc City Council Resolution 2004- General Plan Amendment 2004-102 Housing Element October 19, 2004 Community Development and has made revisions to the draft General Plan Housing Element to respond to the comments received from the Department of Housing and Community Development. 7. The updated General Plan Housing Element substantially complies with the provisions of California's Planning and Zoning Law, codified at California Government Code section 65580 et seq. NOW, THEREFORE, BE IT RESOLVED by City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That it does hereby approve of the above -described General Plan Amendment, Housing Element request 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 191h day of October, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: P:\Reports - CC\10-19-04\General Plan Housing Element\CC RESO GPA 2004-102 Housing Element.doc 16 080 City Council Resolution 2004- General Plan Amendment 2004-102 Housing Element October 19, 2004 M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\Reports - CC\ 10- 1 9-04\General Plan Housing Element\CC RESO GPA 2004-102 Housing Element.doc 17 �0� ATTACHMENT TwT P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 October 7, 2004 Ms. Cathy Cresswell, Deputy Director Department of Housing and Community Development Division of Housing Policy 1800 Third Street, Suite 430 Sacramento, CA 94252-2643 SUBJECT: CITY OF LA QUINTA DRAFT HOUSING ELEMENT Dear Ms. Cresswell: (760) 777-7000 FAX (760) 777-7101 Thank you for your letter of August 18, 2004 providing comments on the Draft La Quinta Housing Element. With the third review of the Draft Housing Element completed by your. staff, including telephone discussions with the La Quinta Planning staff, the City's consultant, your staff indicated that only a few questions remained for compliance with State Housing Law. On review of the Draft Housing Element your office requested, in order to bring the Element into compliance with State Housing Element Law, additional review by specific organizations and individuals. Your letter also notes the need to make a diligent effort to achieve public participation of all economic segments of the community (Government Code 65583 (c) (6) (B). Based on this letter, staff sent the Draft Housing Element to agencies for review and comment in order to achieve public participation of all economic segments of the community for a two week period (Attachment 1). The City also invited the agencies to attend a public hearing before the Planning Commission on the Housing Element on September 28, 2004 (Attachment 2). Following discussions during this meeting, the Planning Commission continued the public hearing to October 12, 2004. The City received comments from four agencies: California Rural Legal Assistance (CRLA), the Coachella Valley Rescue. Mission (CVRM), Housing Authority of the County of Riverside, and the Coachella Valley Housing Coalition (CVHC) (Attachment 3). The City prepared a response document for all comments received 58 PAFRED\Housing Element\HCD Itr 10-7-04.doc .; 4. Ms. Cathy Cresswell Department of Housing and Community Development October 7, 2004 Page 2 from these agencies and sent the response document to these agencies. (Attachment 4). As noted in the response document, staff considered and incorporated appropriate comments from these agencies into the Draft Housing Element. Finally, please find enclosed the September, 2004 Draft Housing Element (Attachment 5). I hope this information is helpful- in your evaluation. Should you have any questions regarding this information, please do not hesitate to call. Very t my yours, C/ OSCAR W. ORCI, Interim Community Development Director OWO:FB:bjs Attachment 58 1\CLOADMFS1\PLANNINGTRED\Housing Element\HCD Itr 10-7-04.doc 19 Martha's Village & Kitchen Attn: Gloria Gomez 83791 Date Avenue Indio, CA 92201-4737 (760) 347-4741 Catholic Charities Attn: Linda Salas 35325 Date Palm Drive, Suite 153 A Cathedral City, CA 92234 (760) 202-1222 Coachella Valley Rescue Mission Attn: Mr. Jim Lewis 47518 Van Buren Street Indio, CA 92202 (760) 347-3512 Desert AIDS Project Attn: Mr. Warner Engdahl 1695 N. Sunrise Way Palm Springs, CA 92262 (760) 323-2118 Desert Alliance for Community Empowerment Attn: Mr. Jess Hayes 53-990 Enterprise Way, Suite 1 Coachella, California 92236 (760) 391-5050 Habitat for Humanity of the Coachella Valley P.O. Box 11738 Palm Desert, CA 92255 (760) 342-2243 Housing Authority of the County of Riverside 5555 Arlington Avenue Riverside, CA 92504-2506 (909) 351-0700 Arturo Rodriguez, Attorney at Law California Rural Legal Assistance P.O. Box 35 1460 Sixth Street Coachella, CA 92236-0035 PAFRED\Housing Element\Targeted Organizations.doc 20 P.O. Box 1504 78-495 CALLS TAMPICO LA QUINTA, CALIFORNIA 92253 August 20., 2004 Gloria Gomez Martha's. Village & Kitchen 83-791 Date Avenue Indio, California 92201-4737 Dear Ms. Gomez: (760) 777-7000 FAX (760) 777-7101 The City of . La Quinta is currently updating its Housing Element of the General Plan. The Housing Element identifies and establishes the City's policies relative to the maintenance and development of housing to meet the needs of existing and future residents. It also establishes policies that will guide City decision making, and sets forth an action program to implement housing goals through 2005. A draft has been prepared and is enclosed for your review and comment. The City also invites you to attend a Planning Commission public hearing on the . Housing Element on September 28, 2004 (public hearing notice enclosed) - So that we may incorporate your input prior to the public hearing, please return your comments to . us by September 10, 2004. You may also direct your comments to Fred Baker, Principal Planner at the City of La Quinta's Community Development Department prior to September 28, 2004. If you have any questions, please contact Mr. Baker at (760) 777-7125. We thank you for your insight. OSCAR ORCI, Interim Community Development Director as 21. P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 August 20, 2004 Linda Salas Catholic Charities 35325 Date Palm Drive Suite 153 A Cathedral City, California 92234 Dear Ms. Salas: (760) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 The City of La Quinta is currently updating its Housing Element of the General Plan. The Housing Element identifies and establishes the City's policies relative to the maintenance and development of housing to meet the needs of existing and future residents. It also establishes policies that will guide City decision making, and sets forth an action program to implement housing goals through 2005. A draft has been prepared and is enclosed for your review and comment. The City also invites you to attend a Planning Commission public hearing on the Housing' Element on September 28, 2004 (public hearing notice enclosed). So that we may incorporate your input prior to the public hearing, please return your comments to us by September 10, 2004. You may also direct your comments to Fred Baker, Principal Planner at the City of La Quinta's Community Development Department prior to September 28, 2004. If you have any questions, please contact Mr. Baker at (760) 777-7125. We thank you for your insight. OSCAR ORCI, Interim Community Development Director Jg� 2, P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 August 20, 2004 Jim Lewis Coachella Valley Rescue Mission 47518 Van Buren Street Indio, California 92202 Dear Mr. Lewis: (760) 7 7 7 - 7 0 0 0 FAX '(760) 777-7101 The City of La Quinta is currently updating its Housing Element of the General ' Plan. The Housing Element identifies and establishes the, City's policies relative to the maintenance and development of housing to meet the needs of existing and future residents. It also establishes policies that will guide City decision making, and sets forth an action program to implement housing goals through 2005. A draft has been prepared and is enclosed for your review and comment. The City also invites you to attend a Planning Commission public hearing on the Housing Element on September 28, 2004 (public hearing notice enclosed). So that we may incorporate your input prior to the public hearing, please return your comments to us by September 10, 2004. You may also direct your comments to Fred Baker, Principal Planner at the City of La Quinta's Community Development Department prior to September 28, 2004. If you have any questions, please contact Mr. Baker at (760) 777-7125. We thank you for your insight. OSCAR ORCI, Interim Community Development Director 23 .r M P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 August 20, 2004 Warner Engdahl Desert AIDS Project 1695 N. Sunrise Way Palm Springs, California 92262 Dear Mr. Engdahl: (760) 777-7000 FAX (760) 777-7101 The City of La Quinta is currently updating its Housing Element of the General Plan. The Housing Element identifies and establishes the City's policies relative to the maintenance and development of housing to meet the needs of existing and future residents. It also establishes policies that will guide City decision making, and sets forth an action program to implement housing goals through 2005. A draft has been prepared and is enclosed for your review and comment. The City also invites you to attend a Planning Commission public hearing on the Housing Element on September 28, 2004 (public hearing notice enclosed). So that we may incorporate your input prior to the public hearing, please return your comments to us by September 10, 2004. You may also direct your comments to Fred Baker,. Principal Planner at the City of La Quinta's Community Development Department prior to September 28, 2004. If you have any questions, please contact Mr. Baker at (760) 777-7125. We thank you for your insight. OSCAR ORCI, Interim Community Development Director .o M P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 August 20, 2004 Jess Hayes Desert Alliance for Community Empowerment 53-990 Enterprise Way Suite 1 Coachella, California 92236 Dear Mr. Hayes: (760) 777-7000 FAX (760) 777-7101 The City of La Quinta is currently updating its Housing Element of the General Plan. The Housing Element identifies and establishes the City's policies relative to the maintenance and development of housing to meet the needs of existing and future residents. It also establishes policies that will guide City decision making, and sets forth an action program to implement housing goals through 2005. A draft has been prepared and is enclosed for your review and comment. The City also invites you to attend a Planning Commission public hearing on the Housing Element on September 28, 2004 (public hearing notice enclosed) . So that we may incorporate your input prior to the public hearing, please return your comments to us by September 10, 2004. You may also direct your comments to Fred Baker, Principal Planner at the City of La Quinta's Community Development Department prior to September 28, 2004. If you have any questions, please contact Mr. Baker at (760) 777-7125. We thank you for your insight. OSCAR ORCI, Interim Community Development Director r P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 August 20, 2004 Habitat for Humanity of the Coachella Valley P 0 Box 11738 Palm Desert, California 92255 Gentlemen: (760) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 The City of La Quinta is currently updating its Housing- Element of the General Plan. The Housing Element identifies and establishes the City's policies relative to the maintenance and development of housing to meet the needs of existing and future residents. It also establishes policies that will guide City decision making, and sets forth an action program to implement housing goals through 2005. A draft has been prepared and is enclosed for your review and comment. The City also invites you to attend a Planning Commission public hearing on the Housing Element on September 281 2004 (public hearing notice enclosed). So that we may incorporate your input prior to the public hearing, please return your comments to us by September 10, 2004. You may also direct your comments to Fred Baker, Principal Planner at the City of La. Quinta's Community Development Department prior to September 28, 2004. 1 If you have any questions, please contact Mr. Baker at (760) 777-7125. We thank you for your insight. OSCAR ORCI, Interim Community Development Director �4�11rb 1 r0 26 P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 August 20, 2004 Housing Authority of the County of Riverside 5555 Arlington Avenue Riverside, California 92504-2506 Gentlemen: (760) 777-7000 FAX (760) 777-7101 The City of La Quinta is currently updating its Housing Element of the General Plan. The Housing Element identifies and establishes the City's policies relative to the maintenance and development of housing to meet the needs of existing and future residents. It also establishes policies that will guide City decision making, and sets forth an action program to implement housing goals through 2005. A draft has been prepared and is enclosed for your review and comment. The City also invites you to attend a Planning Commission public hearing on the Housing Element on September 28, 2004 (public hearing notice enclosed). So that we may incorporate your input prior to the public hearing, please return your comments to us by September 10, 2004. You may also direct your comments to Fred Baker, Principal Planner at the City of La Quinta's Community Development Department prior to September 28, 2004. If you have any questions, please contact Mr. Baker at (760) 777-7125. We thank you for your insight. OSCAR ORCI, Interim Community Development Director 591 2.7 P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 August 20, 2004 Arturo Rodriguez, Attorney at Law California Rural Legal Assistance Post Office Box 35 1460 Sixth Street Coachella, California 92236-0035 DearMr. Rodriguez: (760) 777-7000 FAX (760) 777-7101 The City of La Quinta is currently updating its Housing Element of the General Plan. The Housing Element identifies and establishes the City's policies relative to the maintenance and development of housing to meet the needs of existing and future residents. It also establishes policies that will guide City decision making, and sets forth an action program to implement housing goals through 2005. A draft has been prepared and is enclosed for your review and comment. The City also invites you to attend a Planning Commission public hearing on the Housing Element on September 28, 2004 (public hearing notice enclosed). So that we may incorporate your input prior to the public hearing, please return your comments to us by September 10, 2004. You may also direct your comments to Fred Baker, Principal Planner at the City of La Quinta's Community Development Department prior to September 28, 2004. If you have any questions, please contact Mr. Baker at (760) 777-7125. We thank you for your insight. OSCAR ORCI, Interim Community Development Director CALIFORNIA RURAL LEGAL ASSISTANCE, Inc. xox,,rvrrnxmwoxrEx rxaea, Coachella Regional office . Box 35 0 Sixth Street chella, California 92236-0035 ;phone: (760) 398-7261 : (760) 398-1050 ii: Coachellalnfo,nicrle.o tins Guerrero :ling Attorney. l: CYuerrera,ii?crla.ore iro Rodriguez Asrornty ul: rnxirirruezP' rla orC I L ]&2noS-Castro 'Adoruep nl: Rc-Vtrdo-crla.ortt anuel V. Benitez neuniy Wicker ul• Fbeniteria?crla.ortt ena Martinez rnuniry Wotkc all• Lntrtirtes�acrkt.or8 men Lopez -Rodriguez inisrrative Legal Secmary• al: Crodri¢uer2iK� NTRAL OFFICE Howard Street., Suite 300 Francisco, CA 94105 Vitone: (415) 777-2752 (415) 543-2752 ►ail: hnM7@handsne►.org rid Wide Web: Wa�.•..rla or> i R. Padilla cutive Director I C. Jaratrillo fury Director ph Samisgo Abascal feral Counsel '934-I997j niam G. Hoerger K J. Jacobs other Rice oadors of Litigation Advocacy do Training THER REGIONAL OFFICES la o (805) 725-4350 Centro (760)353-0220 sno (559) 4414M I ray (831) 847-1408 Idera (209)674-5671 WySAIC (530) 742-5191 ,moo (209) 577-3811 )ntem (831) 375-0505 ride (760) %"511 :nerd (Mirlitt) (805) 486.1068 ufara (Basic) (305) 4834W3 so Robles (805) 239-3708 lines (831) 757-5221 a Lois Obispo (805) 544-7997 nu Barbara (805) 963-5981 rota Cruz (831) 458-1089 acts Maria (805) 922-4563 ou Ross (707) 528-9941 ockton (209)944.0605 atsonvilk (831) 724-2253 ii LSC September 9, 2004 Mr. Oscar Orci Interim Community Development Director City of La Quinta P.O. Box 1504 La Quinta, CA 92253 RE: City of La Quinta's Draft Housing Element Dear Mr. Orci /41R`GE;`JED ° 0 SEp 1 3 ? 4,1'"v pE... Pursuant to your letter of August 20, 2004 inviting input on the City of La Quinta's housing element, enclosed please find comments which we submitted to the California Department of Housing and Community Development on August 11, 2004. A copy of our comments were also sent to the City on the same date. We ant m to insure that our comments are available to the City prior to the public searing set for September 28, 2004. Should you have any questions regarding this matter, please do not hesitate call. Sincerely, _ :Uro Rodriguez [Attorney at Law losure as stated �93 29 � aJRpL (0 7n RL CALIFORNIA RURAL LEGAL ASSISTANCE, Inc. MIGRANT FARMWORKER PROJECT, Coachella Regional Office t.0. Box 35 460 Sixth Street ;oachella, California 92236-0035 'elephone: (760) 398-7261 'ax: (760) 398-1050 -Mail: CoxhellalniaAcrla:ore .ristina Guerrero ,irectiat Attorney .mail: Cituen'erot_a?crla.org trturo Rodriguez Toff Harney -Marl: Arrtxltued�krla ort .ita Luevanos-Castro raff AMerney -Mail: Rcast� 'srnanuel V. Benitez OMmunlry Worker -Mail: F.bena� R:!LM ,orena Martinez 'ommsmity Worker -Marl: LmtnincZR'W10.0rtt :amwn Lopez -Rodriguez Jntinittrative Legal Secretary -Mail: Crodriauer*rla,ortt 'ENT RAL OFFICE 31 Howard Street., Suite 300 an Francisco. CA 94105 ckphore: (415) 777-2752 . art: (415) 543-2752 -Maio• bnOO97@handsw.org /orld Wide Web: www.crki org me R. Padilla seewive Director uis C. Jaranallo Ngmdy Director .alph Santiago Abascal *enrol eowisel (1934-1997) /iiliam G. Hocrgcr ene J. Jacobs ynthia Rice tirectoa of Litigation Advocacy A Training )THER REGIONAL OFFICES ,mn (661) 854-5993 'elm (805) 725-4350 1 Centro (760) 353-0220 rare (559) 441-8721 i1roy (831) 947-1408 fadera (209) 674-5671 larysvike (530) 742-5191 lodesto (209) 577-3811 lonterey (831) 375-050-% Oceanside (760) 966-0511 lanard,(Migrant) • (805) 486.1068 Oxnard (Basic) (805) 483-8083 aso Roma (805)' 239-3708 alinas •(831) 757-5221 an Luis Obispo (805) 544-7997 ants Barbara (805) 963-5981 anta Cruz (831) 458-1089 anta Maria (805) 9224563 area Rosa (707) 528-9941 tockton. (209)946-0605 tatsonville (831) 724-2253 �iL LSC AU&st 11, 2004 VIA FACSIMILE TRANSMISSION and Is' CLASS U.S. MAIL (916) 327-2643 b. Mr. Mario Angel Housing Policy Analyst Department of Housing & Community Development Division of Housing Policy Development 1800 Third Street, Suite 430 P. O. Box 952053 Sacramento, CA 94252-2053 RE: Draft Housing Element — City of La Quinta June 2004 Revised Draft Dear Mr. Angel: We have had the opportunity to review the June 2004 Revised Draft which the City of La Quinta (City) has submitted for your review and submit these comments to express our concerns that the revised draft fails to comply with state law. First, we would like to note that, except for an extended discussion of Public Participation, included as Appendix B, none of the concerns and suggestions raised in our comments of May 10, 2004 have been addressed. In fact, the revisions to the Public Participation discussion only serve to buttress our contention that there was little, if any, effort by the City to include meaningful public participation in the, drafting of its revised housing element. Each of the concerns raised by our May 10`' letter and the City's response are addressed herein. Furthermore, and as more fully described below, we raise additional concerns regardjng the Revised Draft Housing Element. Among other things, these concerns involve comments on Housing Needs & Housing Objectives, Redevelopment, Housing Preservation and Housing Resources and Programs Summary. 1. Public Participation Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the element shall describe this effort (Section 65583(c)). As stated in our letter of May 101h, our concern was that the City had failed t to identify the organizations and public agencies which it claimed were involved in 30 Letter to Mario Angel August 11, 2004 the development of its draft housing element. We note that at page 181 of Appendix. B, the City lists the Coachella Valley Housing Coalition (CVHC) , and only CVHC, as one of the "non -profits" involved in the process. CVHC is a highly respected non-profit which has built and rehabilitated hundreds of low income and farrnworker housing units in the Coachella Valley. The organization's expertise would indeed have been invaluable in assisting in the development of La Quinta's housing element, particularly in identifying needs for very low and low income housing in the City. We note that the information CVHC allegedly provided was in regards to the "needs for migrant and resident farm workers in the Coaclw.11a Valley.' and the "urgent need to rehabilitate and improve conditions in mobile home parks,".presumably in unincorporated areas of Riverside County where CVHC is actively involved. (Revised Draft at page 181.)' It would have been helpful if the City had identified the information that CVHC provided which it found useful in examining and responding to the housing needs of the City of La Quinta, particularly in area of the City's need for affordable housing. We note that the Special Needs Analysis pertaining to farmworkers is void of any mention of CVHC and its alleged input. (Pages 49-50.) Indeed, this analysis concludes that affordable housing for farmworkers is unnecessary because La Quinta is an "urban area" and the current agriculturally developed land in La Quinta is being converted to "low -density" (and therefore, unaffordable) residential use. Since this conversion will "terminate any [future] demand for seasonal and permanent farm workers in the City", the City concludes that it is "unlikely that any migrant farm worker households reside in La Quinta". (Page 50.) The conclusion by the City that affordable housing for farm workers is unnecessary is unfounded and unsupported. The two public agencies which are also identified as having provided input on the draft housing element, the Riverside County Economic Development Agency (EDA) and Department of Public Social Services (DPSS) provided information which "identified County housing programs and its responsibility for accommodating housing demand in the County areas (including the City's sphere of influence)." (Page 181.)[ Emphasis added.] Again, it would have been helpful if the City had identified the information that DPSS and the EDA provided which it found useful in examining and responding to the housing needs of the City of La Quinta, particularly in area of the City's need for affordable housing. Moreover, in an effort to quantify public input on its housing element, the City lists 19 public meetings and hearings held between October 8, 1998 and April 27, 2004 during which it claims it received public input in the development of its housing element. It is interesting that only one, the joint City Council and Planning Commission Study Session held on April 27, 2004 specifically concerned the draft housing element. While we understand that the Housing Element is in fact interrelated with the other elements of its General Plan, meeting and public hearings held to discuss General Plan do not, in our view, address the City's statutory requirement that it "make- a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element." Finally, the City states that it contacted a number of organizations and agencies that provide housing, or housing related services, to its residents. We bring to HCD's attention that the City failed to contact our office even though we have first hand knowledge of both the housing and social welfare needs of lower income households in La Quinta including but not limited to common causes for eviction, unmet needs of people who are disabled, elderly or poor, credit issues, etc. All future references to page numbers are to the June 2004 Revised Draft Housing Element Updatg. J95 2 31. Letter to Mario Angel August 11, 2004 1 4 It is our opinion that the City's inability to provide specific and concrete examples of public participation by agencies and individuals representing low income segments of the community is due to the fact it did not solicit such participation. 2. Farm Worker Bousing and the Homeless Analyze any special housing needs, such as those of the elderly, persons with disabilities,, large families, farinworkers, families with female heads of households, and families and persons in need of emergency shelter (Section 65583(a)(6)). a Farmworker Housing In our comments of May 10, 2004, we provided factual information contrary to the City's self- serving conclusion that "[b]ased on an analysis on farm labor and the diminishing amount of farm land in the City of La Quinta and surrounding rural areas, the need for farm worker housing has declined." As cited in the September 2003 article in the Desert Sun newspaper, agricultural output for crops grown in the Coachella Valley in the year 2002 was valued at $425 million. In a more recent Desert Sun article published on August 1, 2004, the crop yield for the year 2003 was valued at $405 million, with the decline due to lower prices, not level of production. While the article does cite a decline in the number of valley acres harvest from 50,095 in the year 2002 to 49,733 in 2003, such a slight decline does not support the City's conclusion that the need for farmworker housing is declining and therefore violates Govt. Code §65583(c)(1)(A). See also our comments above under public participation. At a minimum, we would expect that the City's analysis on the issue of farmworker housing should address its borders which are contiguous with those of both Thermal and Coachella, areas which remain heavily dependent on agricultural production. b. Housing for Homeless Persons or Near Homeless Persons We noted in 'our comments of May 10`h that we were highly s><_eptical of the City's conclusion that "[n]o homeless, however, were found within the City of La Quinta." Again, the City's reliance on a single census conducted during March 11-14, 2003 seems a bit self-serving for a city of over 32,000 residents. (Page 9.) We believe that such short sighted and self-serving analysis of special needs housing is due in large. part on the City's failure to actively seek input from social service agencies which provide services to these special needs groups. For example, in the neighboring city of Indio, Martha's Village and Kitchen, a $3.2 million private social service agency, provides shelter and other services to the area's homeless. We are confident that the City's conclusion that there are no homeless in the City of La Quinta would be far different had it sought information and guidance from Martha's Village or Indio's other homeless shelter, the Coachella Valley Rescue Mission. While we commend the City for amending its Zoning Code to address zoning for emergency shelters and "transitional facilities", we are concerned that the City's zoning amendments do not, in fact, intend to address the housing needs of homeless or near homeless persons. (See pages 50-51.) First, it is not clear � Cl 3 ' � y Letter to Mario Angel August 11, 2004 what the City means by "transitional facilities". We assume that such facilities are intended to be transitional housing for fonnerly homeless persons but this term should be clarified to mean "housing" and not "services" only. Second, we are concerned that the City limits emergency shelters by right to only.non-residential "zones" and limits "transitional facilities" to Regional Commercial and Major Community Facilities districts subject only to a Conditional Use Permit (CUP). The City's intention to prevent homelcss persons from living in residential neighborhoods, or to require an extensive public hearing process to obtain approval for development, fails to meet the requirement to identify adequate sites that will be made available through appropriate zoning and development standards to facilitate and encourage the City's need for emergency shelters and transitional housing. [Govt. Code §65583(c)(l)(A_).] In addition, the City's zoning requirements are discriminatory and violates .applicable state and federal fair housing law. For example, in California, the City cannot discriminate and engage in discriminatory practices against certain protected classes, including race, ethnicity, disability and source of income. Homeless persons often fall into these protected classes. In addition the City is prohibited from discriminating against certain persons in the exercise of their land use and zoning powers. (Govt. Code § 65008.) Those protected under this law includes the traditional classes protected under both state and federal housing law as well as developers and occupants of loiv and moderate income housing, transitional horsing and emergency shelters. We see no effort of the City to affirmatively encourage or promote the development or creation of emergency shelters and transitional housing for the homeless. (See also Hoffinaster v. City of San Diego (1997) 55 CA 4 h 1098.) 3. Mobile Homes and Vista Dunes Mobile Home Park Since submitting our previous comments, we have since learned that the City's Redevelopment Agency attempted to purchase La Quinta's only other mobile home park, Dune Palms Mobile Estates, for the purpose of closing the park. It is our understanding that the Dune Palms' owner refused to sell. Closure of both Dune Palms and Vista Dunes by the City would result in the loss of 195 of the City's 258 mobile homes and the loss of both its mobile home parks. As you know, mobilehome parks have traditionally been a source of affordable housing, and perhaps most importantly, serve as a basic entry level for home ownership for low income families. The recent attempts to close its:mobilehome parks raises serious concerns that the City is merely eoing through the legal motions in submitting a housing element and that the City has no intention of establishing and following policies "that will guide the City decision making" to preserve, improve and develop housing for every La Quinta household. It is a stated objective of the Revised Housing element to allow and maintain,mobilehome parks in order to "[p]reserve low-cost housing options for City residents." We fail to see how the removal of 195 of its 258 mobilehomes, which at present serve primarily low income Latino families, is consistent with the stated objective. State redevelopment law requires that the City replace all of the 93 extremely low, very low and low income units that will be lost as a result of the closure of the Vista Dunes Mobilehome Park. These 93 replacement units do not count towards the RHNA needs for the City. Again, we remain of the opinion that the City would be better served by helping the residents of Vista Dunes to rehabilitate or replace theivnaobile homes and constructing 82 units of additional low income housing at some other site within the City. r J�+ 4 Letter to Mario Angel August 11, 2004 4: Housing Needs & Housing Objectives In addition to the housing needs of farm workers and homeless persons, we have the following concerns about the Draft Housing Element and its failure to adequately address the housing needs of ALL of its residents: (1) The Draft Element contains several misleading tables. For example, Table H-26 includes a housing cost percentage definition of "30% or above". Under this definition, over 35% of the households earning less than $35,000 pay "30% or above" for housing cost. However, without separating out the number of households that are paying more than 30% of its income for housing, the City is evading disclo.cure of hour many of the 35% lower income households are actually overpaying for their housing. (See page 37.) Table H-29, disclosing overcrowding in the City, is also misleading to the extent that it attempts to correlate a lack of overcrowding with housing affordability. The Table declares that overcrowding in the City is low and that 7,926 of its households are not overcrowded (529 households are overcrowded 'at a standard of one person per room -- not bedroom). (Page 43.) This conclusion is not surprising since the development of four bedroom units increased by 300% over the past decade. Indeed, 9,057 of the City's housing units are 3 or more bedrooms. (Page 25-26). The City also admits that its "smaller" bedroom stock is steadily decreasing. At the same time, the number of households earning $60,000 or more has almost doubled while the number of households earning less than $15,000 was reduced in half. (Page 13.) It is clear that the City's emphasis on higher income units is forcing lower income residents from the community, or ultimately will cause more families to double up, and thus become overcrowded, because they cannot afford the housing. (2) The City declares that since interest rates have fallen, low and very low income households may be able to afford a limited number of homes. It states that a low income family can purchase a $108,000 home in La Quinta but it provides no evidence that any single family homes, townhomes or condos are available at that amount. (Pages 40-41.) In fact, no ownership opportunities are available to very low income households "although mobile home resales may fall under $90,000 should one become available." (Page 41.) Again, the City provides no evidence that any mobilehomes are available for purchase or that a very low income household could afford to purchase a mobilehome sold for $90,000. (3) The City affirmatively states that there is a need for senior housing. (Page 45.) In fact, this is the only special needs population that it declares to be in need of housing. In truth, the special needs analyses reveal that senior housing is the only need that is being met. Indeed, and in addition to the unmet housing needs of its farm worker and homeless population described above, 'the City is not meeting the needs of its disabled residents, large families or female -headed families and none of the housing programs set forth in the Draft Element are geared toward meeting these needs. We further submit that the City's proposed program to "permit" emergency and transitional shelter for the homeless is meaningless without mitigation of existing constraints described herein. (A) There is a substantial need for housing for people with disabilities, including 5 .94 Letter to Mario A'?gel August 11, 2004 . group or board and care homes --- yet only 42 beds in the County that provide "housing" for people with disabilities (including 25 beds for persons with HIV or AIDS) (Pages 45-46.) The City sets forth no policy or program, including a reasonable accommodation policy specifically for people with disabilities, that is designed to encourage or facilitate group housing situations. b. (B) In his May 2001 letter, Attorney General, Bill Lockyer, explained that local governments have an affirmative duty under fair housing laws to provide reasonable accommodation and "[i]t is becoming increasingly important that a process be made available for handling such requests that operates promptly and efficiently." The State Attorney General, in rejecting local governments' use of the variance or conditional use permit process to evaluate requests for reasonable accommodation under fair housing laws, explaining that reliance on alternative procedures (such as the granting of "variances" with different criteria, serves at least in some circumstances to encourage community opposition to projects involving desperate lyneeded housing for the disabled.) (C) Accordingly, we urge the City to adopt fair housing reasonable accommodation procedures as one way of addressing barriers in land use and zoning regulations and procedures, and to take a comprehensive approach to eliminating discrimination and furthering housing opportunities for individuals with disabilities. (D) The City states that there is a need for adequate housing for large families and .that larger families often face income limitations. (See pages 47-48.) There are 269 large households renters in the city but the census only tabulated 119 four and five bedroom occupied rental units (110 four bedroom and 9 five bedroom units.) It is unclear where the remaining 150 large renter households are residing but presumably they are in smaller units with overcrowded conditions. (The City also alludes to the possible availability of an additional 560 vacant units without any support or identification.) In any event, the City claims that the needs of larger families can be augmented by three bedroom units that represent over 50% of the rental stock --- without any consideration as to affordability and family size. (E) Similarly, the City is vague with regard to the housing needs of female headed households. (Pages 48-49.) First, it states that female -headed households with children (or 410 households) earn an average income of $19,577 compared to female households without children (at $34,156.) The City states that the average poverty threshold for a family of four is $17,960, declaring that the poverty level for female headed households with children is "low". However, based on the City's own statistics, one-half (approximately 200 households with children) earn incomes at the poverty level or slightly above (within $1600 per year --- or $135 per month). At an average income of $19,577, female headed households with children. should no :ri93J Letter to Mario Angel August 11, 2004 only be paying approximately $488 per month for rent. As demonstrated on Table H-24 (See page 33), there are only 60 three bedroom rental units that rent for less than $500, and the majority of three bedroom rentals have rents at $750 or above (776 units). Since it appears that the housing needs of approximately 350 female headed families (410 - 60 = 350) are not being met, the City should also focus on the development of affordable housing to meet these needs. 5. Constraints to Building Affordable Housing 11:clude program actions to address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement and development of housing for all income levels (Section. 65583(c)(3)). La Quinta acknowledges that since it is "largely dependent on tourism, a high percentage of [low- income] employment is being generated ... [without housing available at prices affordable to accommodate the maximum monthly housing [cost of these] employees. (Page 61.) Yet, the City continually refuses to address constraints that limit the availability of much needed affordable housing. We remain disturbed about the City's refusal to address affordable housing constraints. In our letter of May 1011, we raised a concern that the City's maximum density range which allows a maximum of 16 dwelling units per acre serves as a City imposed constraint to the development of affordable housing. (Page 63.) This issue is not adequately addressed in the Revised Housing Element. As previously stated, we believe that the City of La Quinta needs to further analyze its land inventory, density restrictions and other cost factors necessary for the development of affordable housing for very low and low income households and special populations and should have a program to revise its maximum density substantially upward in order to ensure that their policies do not inhibit housing development Also, the City needs to further analyze the need for minimum density for multifamily sites so that they are not used for I single family subdivisions and take similar appropriate corrective measures. The City's attempts to justify its zoning densities fail. The City argues that it can produce affordable housing at densities lower than 16 d/u per acre but its examples are to housing that was developed in the 1980s and early 1990s. However, the; City also admits that land and construction costs do not make affordable housing economically feasible and redevelopment assistance is necessary to obtain affordability for lower income households. The more recent -housing developed at less than 16 d/u (without RDA assistance) are admittedly market rate or high cost or otherwise not affordable to lower income households. The City further concedes that some of its newer affordable housing developments are at higher than 16 d/u densities. By limiting its highest density in such a restrictive manner, the City fails to. encourage and facilitate the development of lower income housing without RDA subsidy in violation of state law. The City's sole reliance on the RDA assistance to develop affordable housing is misplaced as these funds are limited and alone will not enable the City to meet its affordable housing needs. The City needs to encourage such development through other avenues, including the increase in density. We also believe that the City's density requirements raises fair housing implications (housing element law refers to equal opportunity) because of the potential impact on protected classes who are often 7 36 ,Letter to Mario Aiigel August 11, 2004. lower income and often in the special needs categories. We do commend the City for encouraging a City imposed density bonus but are concerned about the City's apparent disregard of the state -imposed densitybonus (which should be the minimum standard.) (See page 69 and Housing Programs.) We are also concerned that the local densitybonus appears to be substantially utilized for "resort condominiums" and other related housing types and promoted less for .the production of affordable housing. Similarly, we commend the City for recognizing that its untimely processing and permit procedures, high development fees and high density and non-residential zoning conditions pose a constraint on the development of affordable and/or special needs housing, single room occupancy units (SROs) and residential uses in non-residential designations such as homeless shelters and transitional housing, among other types of housing. (Pages 72-82.) We further acknowledge that the City's "promise" to grant some "variances", expedite processing and reduce fees for selected types of housing is promising. (See pages 148-150.) However, we have stro»g concerns that such concessions will be made on a "case -by -case" basis, or apparently only for selected types of affordable and/or senior housing. It is unclear who will be making these decisions, what standards must be met and how the requests for "case by case" concessions will be made. Without specific standards and procedural guidance, "case by case" consideration is meaningless. Furthennore, by presumably subjecting variance requests or CUPs to the public hearing process, the City is essentially inviting project opponents to shut down the proposed - development. In fact, we query why the City would want to follow the public hearing process instead of specifically requiring such concessions --- when it admits that NIlVIBYism is a significant "non -City constraint." (Page 59.) We are also concerned that the City appears to ignore any concessions necessary for the development of group or care housing for people with disabilities. As noted above, without a specific reasonable accommodation for development accommodating people with disabilities, the City's zoning practices are discriminatory. We are also concerned that reductions in onerous parking requirements will be selectively and arbitrarily granted. 6. Redevelopment At pages 84-85 of the revised draft, the City states that it has six redevelopment projects in the planning stage with developers for the construction of six residential projects with affordable components. It would be helpful if the City identified the six projects with particular emphasis on describing the "affordable" components of each of the projects. Also, the City cites that the Redevelopment Agency `s Housing Rehabilitation Program which provides loans up to $25,000.00 for rehabilitation yet it offers no information about the success of the program or if any City residents even applied for the loans. Thus, in addition to identifying specific projects, the City should also confirm that it is complying with state - mandated recorded affordability restrictions of 55 years for rentals and 45 years for homeownership units, including those units rehabilitated under the Housing Rehabilitation Program. 7. Housing Preservation Currently, there are six "at -risk" rental units in La Quinta. The City should reassess and reconfirm 8�A .17 Letter to Mario A ngel August 11, 2004 with project -based project owners that it is still their intention to maintain affordability subsidies beyond 2008. Since the City's data is old, and the market rents have increased substantially over the past few years, the data relied upon in the .revised draft housing element may be obsolete. Although these housing units represent a minimal number of rental units overall, it is essential to maintain the affordability of these units and maintain compliance with Govt. Code §65583(a)(8)(A) through (D). Throughout its Element, the City relies on the presence of Section 8 vouchers to help meet the housing needs of its lower income population. However, since the federal governmgnt is proposing significant cut -backs in funding for Section 8 vouchers, the City should analyze its need for affordable housing without the assistance of Section 8 subsidies and should further assess its "plan" if it does lose all or most of the vouchers used in La Quinta. 8. Resources and Programs Summary The City produces an extensive Houses Resources and Programs Summary as Appendix A which lists numerous Federal, State, County and City housing programs and funding sources. It would be extremely helpful if the City would provide information, particularly for non City housing programs and funding sources, as to which of the housing programs and funding sources are actually utilized by the City. Our understanding from the revised draft is that all affordable housing programs in the City are being funded solely with City redevelopment funds, including its 20% set aside funds. If this should be the case, we strongly encourage the City to supplement its redevelopment funds with Federal, State and County funds earmarked for affordable housing. (See also comments above). Due to its proposed redevelopment of land with existing affordable housing, including its proposed residential development of agricultural land, the City must include a program for relocation assistance to all residents displaced by the actions undertaken by the City. The City fails to include such a program. Finally. while it is essential that the City comply with state mandated inclusionary requirements for redevelopment projects, we encourage the City to expand its local inclusionary requirement beyond residential development in only commercial zones. Given the recent and proposed build out of the City, its inclusionary requirements would have a significantly greater impact if enforced in both residential and commercial zones. 9. Conclusion Housing element law requires the City to promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin and color and further requires affirmative steps concerning special needs categories such as farmworkers, large households and the disabled. Each of the flaws which we have identified in the revised draft housing element appear to part of a larger pattern evidencing the City's failure to promote housing opportunities for these protected groups. Moreover, we believe that housing element law also requires the City to conserve and improve the condition of existing affordable housing stock which includes a duty to to mitigate the loss of dwelling units demolished by public action. Instead, the City is using its Redevelopment Agency to unnecessarily deplete the inventory of existing affordable housing stock in the Vista Dunes Mobilehome Park, and possibly, the Dune Palms 38 Letter to Mario A1zgel August 11, 2004 Mobile Estates mobilehome park. We hope that these comments are helpful. Please feel free to contact us for additional information. Sincerely, ro odri uez Rita Luevano -Castro Attorneys at Law cc: Mr. Fred Baker, City of La Quinta (via U.S. mail only) 10 HOUSING AUTHORITY August 25, 2004 Fred Baker, Principal Planner> City of La Quinta` i ` }tif rIO 0 1 PO Box.1504 ,PCs UJ La Quinta, CA 92253 Dear Mr. Baker: Main Office 5555 Arlington Avenue Riverside, CA 92504-2506 (951) 351-0700 Admin FAX (951) 688-6873 Housing FAX (951)354-6324 TDD (951) 351-9844 Indio Office 44-199 Monroe, Ste. B Indio, CA 92201 (760) 863-2828 (760) 863-2838 FAX TDD (760) 863-2830 Website:harivco.org i have reviewed the Housing Element for the City of La Quinta as requested by Mr. Oscar Orci. On Page 139 Gf tl;e (�,"cUl1"ici t, left column, paragraph tvvo ii � u ie discussion of Section 8 rental assistance, there is a statement about the allocation of HOME funds from the County of Riverside to the Housing Authority to help reduce the waiting list. There is no allocation of HOME funds for that purpose at this time or expected in 2005. Just as an update of information, as of August 25, 2004 there are 135 families living in the City of La Quinta that are receiving rental assistance in the form of Housing Choice Vouchers. There are 271 families on the Section 8 waiting list that give an address in La Quinta. in paragraph 3 of Page 139 there is a discussion of Section 8 Voucher use. While it is true that the City of La Quinta cannot directly influence the number of Housing Choice Vouchers available to the residents of the City, the La Quinta Rental Housing Program goes a long way toward making affordable units available to the residents that hold Housing Choice Vouchers. The Housing Authority finds that with the current housing market rents increasing at alarming rates, many of the Voucher holders are unable find a unit with a willing owner and rent at a level that will work within the Federal Regulations. Thirty percent of those issued Vouchers are unable to find a unit to lease under the program rules and the Voucher expires without being used by a needy family. The Housing Authority would like to encourage the City of La Quinta to purchasing more homes for use by those holding Section 8 Vouchers. The Housing Element Appendix A, Page 160, Section 1 discusses the La Quinta Rental Housing Program. The program description discusses the sale of the units at the expiration of the Section 8 Voucher. The program makes use of tenant -based Housing Choice Vouchers and those Vouchers do not have expiration dates. Can you clarify under what circumstances the houses are sold to lower income households? How many of the original 50 units have been sold? The Section 8 Housing Choice Voucher Program allows leasing with an option to purchase. A review of the lease used by the management company handling the La Quinta Rental Housing Program indicates that no provision is made for the purchase of a unit. With the exceptions listed above, we concur with your analysis. We look forward to working with the City of La Quinta in furthering affordable housing in the County of Riverside. Sincerely, S Mary Riservato Assistant Director 40 0911112-004 11: 34 760347807123 CV RESCUE MISSION PAGE 01 l Coachella Valley Rescue Mission September 11, 2004 Oscar Ord, Interim Community Development Director City of La Quinta PO Box 1505 La Quinta CA 92253 1 Or V c Mv, Mr. Orci, the o ortunity to comment on La Quinta's Housing Element of its General Plan. Thank you. for PP Asa m amber of the Palm Desert General Plan Advisory Committee, I fully understand the task in which you are involved. over�riew revealed needed corrections to section 6.5-Special Needs, page 50, Homeless: A quick I . The last line of the first paragraph should read, ". ..facilities in the County, City of Indio, or Palm Springs for assistance. The CV Rescue Mission in the county, not Indio. 2. T he last line of the forth paragraph is erroneous. CVRM was a participant in the valley -wide homeless census and services survey. As much as a city would like to think it has no homeless population to deal with, that is almost never the case. Some homeless gather in the area around the Circle K at Tampico. Others are quite transient and are difficult to track; but they are there and identifiable 3. Table, H-34 needs to be corrected as follows: Change: this has et to be corrected in the O CVRM number of beds to read 80 (not 30 as listed) — y County General Plan as well. O CVRM Clientele are men, women and families. I also believe Nightengale Manor has 30 beds, but you should check w ith them o e & Kitchen is missing -- they have 120 transitional beds for men, o Mamma's Villag women and families. Sincerely James K. Lewis CEO/Executive Director Indio California 92202 / (7fi0) 347-3512 Fax (760) 347.8073 6 47-518 Van Buren / P.O. Box 514 / , SEP-24-2004 FRI 02:29 PM FAX NO. P, 02 Coachella Valle "own Thomas P. Genovese City Manager The City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Housin Coalition oa 45-701 Monroe Street, Suite G, Plan 1, Xndio, C,02202 TEI.: V6a) 347-3157 FAX: (760 47-6466 Re: ReJsed June 2004 Draft Housin Element I1 date for the Cit of Lfi Uinta Dear W. Genovese: The intent -of this letter is to express the Coachella Valley Housing Coalition's (CVHC) concerns over the inadequacy of efforts made by the City Planning Department of La Quinta to garner public participation in the drafting and revision of their June 2004 Housing Element ��e��l' ublie P p Housing Element Law states that each jurisdiction shall make a diligent e participation "ci ation of all economic segments of the community in the development of the housing element."1 CVHC's purpose is to help low-income families improve.their living co-nditions through advocacy, research, construction, and operation of housing and community development projects. CVHC is cited bout the Housing Element Update as a local rtment, l housing advocate, and a source of important throughout however, chose not to see out information on area housing needs. The City Planning Depaboth during the first round CVHC's expert opinion once the drafl was distributed to community groups and second round of comments. CVHC has been actively involved in meeting housing needs in the Coachella valley for 22 years and has " to ed more than 100 single-family self-help hornes within the City of La Quints since 1998, aeve p Despite our long term efforts to improve housing in the City, CVHC has faced Tesistance from City government in thepasta In 1998 the City proposed a change in single-family zoning laws that would have prevented GVNC from building a scattered site Self -Help Housing development in the. Cove area. In a June 15th, 1995 letter, out legal representative, Attorney William J. Davis, submitted a letter to the City in response to the proposed changes stating, "It is legally improper for the City to impose desigzi or construction requirements in response to constituent pressure in an effort to exclude affordable housing." I also went before the City Council to further express the need for affordable housing in the City and urged the Council not to move forward with the proposed Zoning law. In response to our action, the City agreed to withdraw the proposed change in zoning. Through advocacy and development within the City a vested interest in ensuring the City meets its affordable housing of La Quints, CVHC has demonstrated needs. e have had the opportunity to review a copy of the June 2004 Draft of the Le Quints Housing Element Update provided to us by Arturo Rodriguez of California Rural Legal Assistance, Inc. (CRLA) te. We were quoted twir-C and our projects were referred to several times in the Housing Element .l p When we reviewed the Housing Element Update, we found that we were unable to Teferenee what the ' section 65583(c) ° www.cvhc.or,g ej 8EP-24-2004 FRI 02:29 PM FAX NO. P. 03 source of information was for our quotes. We contacted a City of La Quinta represeniative-by phone on September 2nd to request citation for the quotes. We are first referred w on Page 49 as having conducted a survey of fannworkers in the Coachella Valley. According to the city representative, the City's Housing Element Consultant stated that the information from this survey was found in a September 2000 issue of Rural Migration News. Had CVHC been contacted directly we could have provided information specific to our knowledge of affordable housing needs within La Quinta. The Rural Migration News article is a five -year -old second-hand source that references the needs of a different community within the Coachella Valley. This information should not have been used to represent the affordable housing needs in La Quinta. CVHC is again referenced on Page 181 in the Public Participation section. Here the document states " during the update of the Housing Element organi2ations related to low-income housing were contacted to gain further insight into the affordable housing needs facing La Quinta." According to our records, we were never contacted by the City or their consultant regarding the Revised Draft of the June 2004 Housing Element Update. Also, on page 181, the document states, "the CVHC identified an urgent need to rehabilitate and improve conditions in mobile home parks" AccoTdiwg to the city representative, the consultant obtained the information for this quote in a May 1, 2001 phone conversation with Sergio Carranza, a former CVHC employee. It is our understanding that this was a casual conversation and that Mr. Carranza's statement did not refer specifically to the housing needs of the City of La Quinta. During his time at CVHC, Mr. Ca TW= was actively involved in providing advocacy and housing for displaced residents of closed - down illegal mobile home parks in rural areas east of Coachella. -Our involvment with development in La Quinta has been centered on attempting to acquire sites for Tnulti-family housing projects and on the development of Single -Family Self -Help homes, because we saw these as the most pressing needs in that community. Currently, the City is being sued over its attempt to close Vista Dunes Mobile -Home Park within its city limits and replace the mobile -homes there with single-family modular rental homes for very low-income households. While residents of the mobile home parr will be given priority placement within the new development, there are only 82 new units proposed as compared to 92 mobile homes existing. This guarantees that at least ten existing households will be displaced permanently and likely forced to move outside 1-a Quinia to find affordable housing? Whether or not they are able to return to the new development, many of the current Vista Dunes residents, whose housing costs are only for a space in the mobile home park, are likely to end up with higher housing costs if they are, required to move into rental housing. Not only will housing costs rise on average for the current residents, but the closure and rehabilitation of Vista Dunes Mobile -Horne Park will actually decrease the number of affordable units available. Sergio Cananra's comments on Page 181 refer to a need for improved mobile -home park conditions in Eastern Coachella Valley. Used in the Housing Element Update, Mr. Carranza's con nr ents appear to indirectly support the City's efforts to replace the Vista Dunes Mobile -Borne Park with lower density housing. While we wish to support the City's efforts to improve the quality of of oTdable housing, we believe that this can be done at the site of Vista Dunes Mobile -Home Park without displacing residents. s Vivanco, Loonor- "Suit filed over low-income resident relocation" The Desert Sun. August 30, 2004 www.cvhc.oig 43 SEP-24-2004 FRI 02 : 29 PM FAX N0, P. 04 returned to the City with instructions to increase public participation. We understand that the Housing , Element Update was returned to the Ciry in pan because of a letter written by Mr. Rodriguez and Rita Luevanos-Castro of CRLA to HCD regarding the legality of the document. This letter stated that "there was little, if any, effort by the City to include meaningful public participation in the drafting of its revised housing element" (page 1). As Mr. Baker stated in a phone conversation, the City redistributed copies of the June 2004 draft to community groups for a two week commenting period, per HCD's instructions. Despite the fact that we are prominently mentioned in the Housing Element Update and that CRLA highlighted in their letter to HCD that the City never sought comment from CVHC during the initial preparation of their Housing Elerntrit Update, we were again not solicited for comment in the second round. The City of La Quinta apparently recognizes us as an important force in developing affordable housing as CVHC was referenced six times in the La Quinta Housing Element as a past provider of affordable housing within the City and a source of vital housing information. Because of this we should have been asked to provide comments gernlar a to the June 2004 Revised Draft of the Housing Element Update. Had we been formally contacted when the City consultant was preparing the Housing Element Update, oux insight could have been used to accurately describe the area housing needs and we would have reacted to the current conditions of growth in the City. Instead, the City chose to use a secondary source and a 3 yc�r- old phone conversation not specifically applicable to the current housing needs in La Quinta, as then evidence that CV14C was contacted for comment. The City's failure to appropriately solicit information from us during the entire process of drafting and review of their Housing Element is inexcusable and failg to comply with BCD's statutory requirement for public participation. It is imperative that Housing Elements of every local government general plan seek to meet local and regional needs and are effectively implemented. Housing elements are the main mechanism througlt wMcb. state law and state housing goals are met. Conunents from the public are reviewed by HCD as significant factors in the decision, to approve the element. We recommend that public participation be heightened to allow for the most accurate analysis of housing needs and resources for development. We are very interested in working with the City in order to help it meet its housing needs. We look forward to meeting With you and your staff to discuss this further. Sincerely, o F. ea ey C e Valley Housing Coalition Cc: Mario Angel, Califomia Department of Housing and Community Development www.Mmarg 44 Housing Element Response to Comments October 7, 2004 CALIFORNIA RURAL LEAGUE ASSISTANCE (CRLA) 1. Public Participation Comment: As stated in our letter on May 10", our concern was that the City had failed to identify the organizations and public agencies which it claimed were involved in the development of its draft housing element. We note that at page 181 of Appendix B, the City lists the Coachella Valley Housing Coalition (CVHC), and only CVHC, as one of the "non -profits" involved in the process. CVHC is a highly respected non- profit which has built and rehabilitated hundreds of low income and farm worker housing units in the Coachella Valley. The organization's expertise would indeed have been invaluable in assisting in the development of La Quinta's housing element, particularly in identifying needs for very low and low income housing in the City. We note that the information CVHC allegedly provided was in regards to the "needs for migrant and resident farm workers in the Coachella Valley" and the "urgent need to rehabilitate and improve conditions in mobile home parks," presumably in unincorporated areas of Riverside County where CVHC is actively involved. (Revised Draft at page 181.)" It would have been helpful if the City. had identified the information that CVHC provided which it found useful in examining and responding to the housing needs of the City of La Quinta, particularly in area of the City's need for affordable housing. We note that the Special Needs Analysis pertaining to farm workers is void of any mention of CVHC and its alleged input (Pages 49-50.) Indeed, this analysis concludes that affordablehousing for farm worker, is unnecessary because La Quinta is an urban area„ and the current agriculturally developed land in La Quinta is being converted to "low -density" (and therefore, unaffordable) residential use. Since this conversion will "terminate any [future] demand for seasonal and permanent farm workers in the City", the City concludes that it is "unlikely that my migrant farm worker households reside in La Quinta". (Page 50) The conclusion by the City that affordable housing for farm workers is unnecessary is unfounded and unsupported. The two public agencies which are also identified as having provided input on the draft housing element, the Riverside County Economic Development Agency (EDA) and Department of Public Social Services (DPSS) provided information which "identified County housing programs and its responsibility for accommodating housing demand in the County areas (including the City's sphere of influence)." (Page 181) [Emphasis added] Again, it would have been helpful if the City had identified the information that' DPSS and the EDA provided which it found useful in examining and responding to the housing needs of the City of La Quinta, particularly in area of the City's need for affordable housing. 2 PAFRED\Housing Element\Final Response Letter HsngElement Comments 6.doc Housing Element Response to Comments October 7, 2004 Moreover, in an effort to quantify public input on its housing element, the City lists 19 public meetings and hearings held between October 8, 1998 and April 27, 2004 during which it claims it received public input in the development of its housing element. It is interesting that only one, the joint City Council and Planning Commission Study Session held on April 27, 2004 specifically concerned the draft housing element. While we understand that the Housing Element is in fact interrelated with the other elements of its General Plan, meeting and public hearings held to discuss General Plan do not, in our view, address the City's statutory requirement that it "make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element" Finally, the City states that it contacted a number of organizations and agencies that provide housing, or housing related services, to its residents. We bring to HCD's attention that the City failed to contact our office even though we have first hand knowledge of both the housing and social welfare needs of lower income households in La Quinta including but not limited to common causes for eviction, unmet needs of people who are disabled, elderly or poor, credit issues, etc. All future references to page numbers are to the June 2004 Revised Draft Housing Element Update. All future references to page numbers are to the June 2004 Revised Draft Housing Element Update. City Response: The City mailed a copy of the June 2004 Revised Draft Housing Element to a number of additional organizations associated with affordable housing requesting they review and respond to the Revised Draft Housing Element. The City has incorporated changes into the Housing Element in response to the organizations' concerns and provides this letter to inform all commenting organizations of the resulting changes. These changes occurred in Appendix B as reproduced below. Appendix B - Public Participation Public participation in examining and responding to the housing needs of the City of La Quinta took place over the past five years through the preparation and update of several planning documents: the Housing Element, the General Plan (especially the Land Use Element), the Consolidated Plan, and the Economic Development Plan. Due to the Housing Element's focus on the provision of affordable housing, organizations related to low-income housing were contacted during the update of the Housing Element to gain further insight into the affordable housing needs fa.c)ng PAFRED\Housing Element\final Response Letter HsngElement Comments 6.doc 3 Housing Element Response to Comments October 7, 2004 La Quinta. These organizations included non -profits, such as the Coachella Valley Housing Coalition; public agencies, such as the Riverside County Economic Development Agency (EDA) and Department of Public Social Services (DPSS); and private organizations, such as Fred Sands Desert Realty. The Coachella Valley Housing Coalition provided information on the available programs and needs for migrant and resident farm workers in the Coachella Valley. Specifically, the CVHC identified an urgent need to rehabilitate and improve conditions in mobile home parks. The Riverside County EDA and DPSS identified County housing programs and its responsibility for accommodating housing demand in the County areas (including the City's Sphere of Influence). Fred Sands Desert Realty provided detailed information on existing and new housing prices, as well as remaining development potential. Additionally, in direct response to a request from the HCD on August 20, 2004 the City submitted the Housing Element to the following organizations for their review and comment: Martha's Village & Kitchen, Catholic Charities, Coachella Valley Rescue Mission, Desert AIDS Project, Desert Alliance for Community Empowerment, Habitat for Humanity of the Coachella Valley, California Rural Legal Assistance, Housing Authority of the County of Riverside, Planning Department of the County of Riverside, City of Indio, City of Indian Wells, and the City of Coachella. Three of these entities responded: CRLA, the Riverside County Housing Authority and the Coachella Valley Rescue Mission. The comments of these entities highlighted the importance of public participation, the provision of homeless resources throughout the Coachella Valley, and the reduction of constraints to affordable housing. Public input was also actively encouraged during the preparation of the remaining Elements of the adopted La Quinta General Plan Update. As this Housing Element is interrelated with the other Elements of the updated 2002 La Quinta General Plan, the public participation process undertaken during the development of the General Plan update is considered relevant to this Housing Element. The following list identifies and describes public meetings and public hearings the City conducted during the three and one-half year process to update the General Plan in which ample opportunity was provided for public comment. October 8, 1998 A joint City Council/Planning Commission Special Meeting on the General Plan was held to discuss land use, retail and commercial development, the expansion of the housing stock, and circulation issues. 1 M i P:\FRED\Housing Element\Final Response Letter HsngElement Comments 6.doc 4 Housing Element Response to Comments October 7, 2004 October 26, 1999 A General Plan meeting was held to discuss General Plan Land Use Alternatives for the General Plan update, and to receive public comment. Discussion of land use, retail and commercial development, the expansion of the housing stock, and circulation issues ensued. A summary of proposed changes was presented. November 16, 1999 The City Council conducted a public hearing on General Plan Land Use Alternatives and received public comment. The Council continued the public hearing to January 4, 2000. January 4, 2000 A continued public hearing was held on General Plan ' Land Use Alternatives and received public comment. Discussion regarding neighboring jurisdictions resulted. The Council continued the public . hearing to March 7, 2000. At this meeting, the City Council agreed to meet with the Thermal Community Council at Coachella Valley High School. March 7, 2000 A continued public hearing was held on the General Plan Land Use Alternatives and received public comment. The Council continued the public hearing to April 41 2000. April 4, 2000 A continued public hearing was held on General Plan Land Use Alternatives and received public comment. The Council continued the public hearing to May 16, 2000. May 16, 2000 A continued public hearing was held on General Plan Land Use Alternatives and received public comment. Council continued the public hearing to June 20, 2000. June 20, 2000 A continued public hearing was held to take comment on the General Plan Land Use Alternatives and to receive public comment. Council continued the public hearing to August 15, 2000. 612 P:\FRED\Housing Element\Final Response Letter Hsng6lement Comments 6.doc 5 48 Housing Element Response to Comments October 7, 2004 August 15, 2000 A continued public hearing was held on General Plan Land Use Alternatives and received public comment. Council continued the public hearing to October 17, 2000. October 17, 2000 A continued public hearing was held on the General Plan Land Use Alternatives to receive public comment. Council continued the public hearing to November 21 2000. November 21, 2000 A continued public hearing was held on the General Plan Land Use Alternatives to receive public comment. Council continued the public hearing to December 19, 2000. December 19, 2000 A continued public hearing was held on the General Plan Land Use Alternatives to receive public comment. After discussion it was determined to close the public hearing and re -notice the public hearing. January -August 2001 Several City Council meetings were conducted, including a special City Council meeting to discuss and review annexation interests with potential residents and property owners, and to receive public comment. August 7, 2001 At a regular City Council meeting, the Council scheduled a Joint City Council and Planning Commission public hearing for September 19, 2001 regarding the General Plan update. September 19, 2001 A joint public hearing between the City Council and Planning Commission was held on the General Plan to receive public comment. Discussion included land use, retail and commercial development, the expansion of the housing stock, and circulation issues ensued. 6 PAFREMHousing Elemeriffinal Response Letter HsngElement Comments 6.doc 613 a uf Housing Element Response to Comments October 7, 2004 December 5, 2001 A joint public hearing was held between the City Council and Planning Commission on the General Plan to receive public comment. Discussion included land use, retail and commercial development, the expansion of the housing stock, and circulation issues ensued. February 27, 2002 A special Planning Commission public hearing was held to consider a recommendation to adopt the General Plan and to receive public comment. The Planning Commission recommended the City Council adopt the General Plan. March 20, 2002 A special City Council public hearing was held to consider adoption of the -General Plan and to receive public comment. The City Council adopted the General Plan. April 27, 2004 A joint City Council and Planning Commission Study Session was held to discuss the General Plan Draft Housing Element. Moreover, as part of the Consolidated Plan process, which contributes toward the preparation of the Housing Element Update, a number of organizations and agencies that provide housing, or housing -related services were contacted. These organizations included senior services, HIV (AIDS) services, business development agencies, and first-time homebuyer groups. These organizations were contacted through mailed surveys and at community meetings in La Quinta and neighboring jurisdictions. Overall responses indicated a need for the rehabilitation of older rental apartments, consumer credit concerns, overcrowding in multifamily units, and a lack of financial resources for the elderly or disabled. Responses from these groups helped guide the Housing Needs Assessment portion of the Housing Element, as well. as the action plan. Public input was also solicited on housing needs in the City's Economic Development Plan. A series of community forums inviting the residential and business communities took place to determine the resources, opportunities, liabilities, and needs of La Quinta. These discussions included redevelopment activities which form the heart of the City's affordable housing efforts. 614 P:\FRED\Housing Element\Final Response Letter HsngElement Comments 6.doc 7 50 Housing Element Response to Comments October 7, 2004 Further, the Housing Element Update involved a joint City Council/Planning Commission Workshop on April 27, 2004, a publicly noticed Public Hearing before both the Planning Commission and City Council, and a Notice of Availability of the documents for public review at City Hall during the public review process. The Draft and Final Housing Element were circulated to the Department of Housing and Community Development for review and comment. Finally, prior to final adoption of the Housing Element update, the City will hold two public hearings as required by the City's Municipal Code.. The first public hearing will be in front of the La Quinta Planning Commission. Following a recommendation from the Planning Commission, the City Council will hold at least one public hearing at which time it will consider whether to adopt the Housing Element update. Presently, the City's Planning Commission held a public hearing on September 28, 2004 and continued the public hearing scheduled to October 12, 2004. The City Council is scheduled to hold a public hearing on October 19, 2004 to consider adoption of the Housing Element update. 2a. Farm Worker Housing CRLA Comment: In our comments of May 10, 2004, we provided factual information contrary to the City's self serving conclusion that "(biased on an analysis on farm labor and the diminishing amount of farm land in the City of La Quinta and surrounding rural areas, the need for farm worker housing has declined." As cited in the September 2003 article in the Desert Sun newspaper, agricultural output for crops grown in the Coachella Valley in the year 2002 was valued at $425 million. In a more recent Desert Sun article published on August 1, 2004, the crop yield for the year 2003 was valued at $405 million, with the decline due to lower prices, not level of production. While the article does cite a decline in the number of valley acres harvest from 50,095 in the year 2002 to 49,733 in 2003, such a slight decline does not support the City's conclusion that the need for farm worker housing is declining and therefore violates Govt. Code § 65583(c) (1) (A). See also our comments above under public participation. At a minimum, we would expect that the City's analysis on the issue of farm worker housing should address its borders which are contiguous with those of both Thermal and Coachella, areas which remain heavily dependent on agricultural production. 8 P:\FRED\Housing Element\Final Response Letter HsngElement Comments 6.doc 51, Housing Element Response to Comments October 7, 2004 City Response: The City has reviewed farm worker housing needs and has done so based on evidence contained in the record, including the City's General Plan and this Housing Element. The conclusions and analysis of the City are based on its independent review of evidence and comments received by it and are supported by substantial evidence. Notably, the Farm Bureau estimates and press reports cited by the CRLA are County -wide aggregates and do not specifically relate to farmland within the City of La Quinta. The General Plan Land Use Element contains two "Planning Areas" which are outside the corporate limits of the City. The City has assigned General Plan Land Use designations to these areas as the State law requires each City to adopt a General Plan "for the physical development of the city and land outside its boundaries which... bears relation to its planning." (Government Code 65300.) The 8,495 acres of land utilized as rural, low density, and agriculture are located in Planning Area One and Two, within the County of Riverside. However, it is important to understand that the County of Riverside is the responsible jurisdiction for addressing housing needs in unincorporated territory. The Sphere of Influence and area of interest are not within the City borders and fall under the jurisdiction of the County of Riverside's Housing Element. Likewise, surrounding cities with agricultural land are the responsible jurisdictions for addressing housing needs within their own city limits. The comment by CRLA does not provide specific evidence that the City of La Quinta's conclusions on page 50 of the draft Housing Element update lack support. The City's conclusion, in fact, is a reasonable and supportable one in that converting agriculturally developed land to residential uses will eliminate the demand for seasonal and permanent farm workers because there will not be farmland to drive a demand for farm workers in the City of La Quinta. Thus, CRLA's response in this regard is unsubstantiated opinion and does not address the City's conclusion with additional specific evidence to contradict the City's conclusions. Additionally, text from page 50 of the Revised Draft Housing Element speaks. further on the activities surrounding farm worker housing: "Most Coachella Valley farm workers live in mobile home parks, often in substandard or overcrowded conditions. Under the direction of a taskforce created by the Coachella Valley Housing Coalition, the County in 1999 embarked on an aggressive campaign to improve conditions in these mobile home parks. Under the program, the County offers park owners low interest loans to upgrade general conditions, as well as provide residents home -improvement grants up to $3000, .In PAFRED\Housing Element\Final Response Letter HsngElement Comments 6.doc 9 52 Housing Element Response to Comments October 71, 2004 some instances residents can receive loans up to $20,000 at minimal interest rates. This program will also help the County and municipalities bring up to Code the sometimes problematic mobile home parks, as well as help with the delivery of health and social services to these farm workers. Responsibility for providing housing for farm workers originally lay with the growers that employed the workers. This practice was discontinued, however, due to high costs for liability insurance and maintenance. In La Quinta, it was reported in 2000 that only four farm workers reside in dormitory farm worker housing. Low-income groups often need housing in close proximity to work. For farm workers, this means that housing is needed in rural, agricultural areas rather than urban areas. In the Coachella Valley, the principal housing options for regular and local seasonal farm workers are family -owned homes, private rental houses, apartments and mobile homes. The 2000 Census identifies one migrant farm worker housing structure in the City housing four persons. In 1999, a new apartment complex for migrant workers opened in Mecca, with 88 units and a low- cost/free health clinic. There is also potential for the 93 motor home coaches in the Vista Dunes Mobile Home Park to be sold to' provide migrant worker housing in agricultural areas in the Coachella Valley. The disposition for potential re -use of the coaches has not yet been determined. 2b. Housing for Homeless Persons or Near Homeless Persons CRLA Comment: We noted in our comments of May 10th that we were highly skeptical of the City's conclusion that "Wo homeless, however, were found within the City of La Quinta." Again, the City's reliance on a single census conducted during March 11- 14, 2003 seems a bit self-serving for a city of over 32,000 residents. (Page 9.) We believe that such short sighted and self-serving analysis of special needs housing is due in large part on the City's failure to actively seek input from social service agencies which provide services to these special needs groups. For example, in the neighborir'g City of Indio, Martha's Village and Kitchen, a $3.2 million private social service agency, provides shelter and other services to the area's homeless. We are confident that the City's conclusion that there are no homeless in the City of La Quinta would be far different had it sought information and guidance from Martha's Village or Indio's other homeless shelter, the Coachella Valley Rescue Mission. b1l 10 P:\FRED\Housing Element\Final Response Letter HsngElement Comments 6.doc 3 5 Housing Element Response to Comments October 7, 2004 While we commend the City for amending its Zoning Code to address zoning for emergency shelters and "transitional facilities", we are concerned that the City's zoning amendments do not, in fact, intend to address the housing needs of homeless or near homeless persons. (See pages 50-51.) First, it is not clear what the City means by "transitional facilities". We assume that such facilities are intended to be transitional housing for formerly homeless persons but this term should be clarified to mean "housing" and not "services" only. Second, ° we are concerned that the City limits emergency shelters by right to only non-residential "zones" and limits "transitional facilities" to Regional Commercial and Major Community Facilities districts subject only to a Conditional Use Permit (CUP). The City's intention to prevent homeless persons from living in residential neighborhoods, or to require an extensive public hearing process to obtain approval for development, fails to meet the requirement to identify adequate sites that will be made available through appropriate zoning and development standards to facilitate and encourage the City's need for emergency shelters and transitional housing. [Govt. Code §65583(c)(1)(A).] In addition, the City's zoning requirements are discriminatory and violates applicable state and federal fair housing law. For example, in California, the City cannot discriminate and engage in discriminatory practices against certain protected classes, including race, ethnicity, disability and source of income. Homeless persons often fall into these protected classes. In addition the City is prohibited from discriminating against certain persons in the exercise of their land use and toning powers. (Govt. Code 5 65008.) Those protected under this law includes the traditional classes protected under both state and federal housing law as well as developer sand occupants of low and moderate income housing, transitional housing .and emergency shelters. We see no effort of the City to affirmatively encourage or promote the development or creation of emergency shelters and transitional housing for the homeless. (See also Hoffmaster v. City of San Diego (1997) 55 CA 4tn 1098.) City Response: The City may increase its participation in future homeless census efforts, however, it was determined that the 2003 effort conducted by the Riverside County Department of Public Social Services was reliable and indicative of the City's experience with homelessness. The City has not witnessed homelessness in the City and has not received reports or complaints about homeless persons within the City. The commentator does 'not provide any specific evidence to substantiate the opinions provided in the comment. The City recognizes the transient nature of homeless persons and believes that its Zoning Code does not discriminate against the homeless or near homeless. In fact, 1 the Zoning Code permits emergency shelters by right • in all non-residential zones•- 11 P:\FRED\Housing Element\Final Response Letter HsngElement Comments 6.doc 54 Housing Element Response to Comments October 7, 2004 and transitional facilities in the Regional Commercial and Major Community Facilities Districts subject to a Conditional Use Permit. The Zoning Code defines transitional shelters as "a shelter for homeless persons or victims of domestic abuse which provides accommodations for persons on a transient basis, i.e., for a continuous period of two weeks or less." The commentator's opinions relating to the alleged discriminatory nature of the City's Zoning Code are unsupported legal conclusions that the commentator is not properly qualified to make. As such, this comment is based on unsupported Opinion and does not constitute evidence of any discrimination. Regardless, in response to this comment, the City notes that it does not engage in discriminatory conduct in its housing and Zoning Code, nor has there been any adjudication by a court supporting the commentator's opinion. The commentator does not cite to any specific evidence to support its opinion and on this basis this portion of the comment is speculative and unsupported. 3. Mobile Homes and Vista Dunes Mobile Home Park CRLA Comment: Since submitting our previous comments, we have since learned that the City's redevelopment Agency attempted to purchase La Quinta's only other mobile home park, Dune Palms Mobile Estates, for the purpose of closing the park. It is our understanding that the Dune Palms' owner refused to sell. Closure of both Dune Palms and Vista Dunes by the City would result in the loss Of 195 of the City's 258 mobile homes and the loss of both its mobile home parks.. As you know, mobile home parks have traditionally been a source of affordable housing, and perhaps most importantly, serve as a basic entry level for home ownership for low income families. The recent attempts to close its mobile home parks raises serious concerns that the City is merely going through the legal motions in submitting a housing element and that the City has no intention of establishing and following policies "that will guide the. City- decision making" to preserve, improve and develop housing for every La Quinta household. It is a stated objective of the Revised Housing element to allow and maintain mobile home parks in order to "[plreserve low-cost housing options for City residents." We fail to see how the removal of 195 of its 258 mobile homes, which at present serve primarily low income Latino families, is consistent with the stated objective. State redevelopment law requires that the City replace all of the 93 extremely low, very low and low income units that will be lost as a result of the closure of the 12 P:\FRED\Housing Element\Final Response Letter HsngElement Comments 6.doc Housing Element Response to Comments October 7, 2004 Vista Dunes Mobile Home Park. These 93 replacement units do not count towards the RHNA needs for the City. Again, we 'remain of the opinion that the City would be better served by helping the residents of Vista Dunes to rehabilitate or replace their mobile homes and constructing 82 units of additional low income housing at some other site within the City. City Response: The Redevelopment Agency purchased and is redeveloping the Vista Dunes Mobile Home Park because the site constitutes urban blight and a majority of the coaches, and all of the site utility infrastructure, are, dilapidated and need to be replaced. The Agency determination with respect to Project Area 2 is in conformity with the City's findings that Project Area 2, within which the Vista Dunes development is located, is blighted. This determination is conclusive against all parties and reflects the reasoned judgment of the City and the Agency. The Park is 36 years old and the water and electrical systems have not been improved or replaced since they were originally installed. Further, there is severe overcrowding with many coaches using plywood structures as bedrooms. These structures often do not have heating or air conditioning units. As a result, the City determined these structures were not safe. The Agency explored ways of refurbishing the Park and replacing the existing coaches, but given the interconnects between site utility systems and the narrow, rectangular shaped parcel, the utility systems could not be replaced without shutting down all utilities, and construction access could not be provided without creating dangerous safety problems. Given these constraints the Agency elected to work to vacate the Park of all occupants and then proceed to redevelop the site with single-family dwellings that will be rented to very low-income family households because rehabilitation was . not a viable option. These dwellings will feature 55-year covenants that will restrict annual rent increase to costs affordable to very low-income households. The Agency is also reducing the number of units in order to increase on -site parking, and provide on -site recreation and open space areas. The new project is planned to have 80 new units at Vista Dunes Mobile Home Park. In addition, the Redevelopment Agency recently purchased other land to be used for additional Affordable Housing. Thus, the 10 referenced units that CRLA alleges are going to be lost will receive first priority in this development as well as the newly acquired affordable housing site. The objective of the City is that the project will contain sufficient units to accommodate the current park residents. The City notes that the Community Redevelopment Law (Cal. Health & Safety Code section 33410 et seq.) does not require the City to provide each resident new housing at that same location. Rather, the Community Redevelopment Law requires that the City identify comparable replacement housing, and offer first priority in the new development to current residents. (Cal. Health & Safety Code 13 P:IFRED\Housing Element\Final Response Letter HsngElement Comments 6.doc fo (4�) 56 Housing Element Response to Comments October 7, 2004 § 33411.3) The City will comply with this legal requirement and other applicable requirements of the Community Redevelopment Law. 4. Housing Needs & Housing Objectives CRLA Comment: In addition to the housing needs of farm workers and homeless persons, we have the following concerns about the Draft Housing Element and its failure to adequately address the housing needs of ALL of its residents: 1. The Draft Element contains several misleading tables. For example, Table H- 26 includes a housing cost percentage definition of "30% or above". Under this definition, over 35% of the households earning less than $35,000 pay "30% or above" for housing cost. However, without separating out the number of households that arc paying more than 30% of its income for housing, the City is evading disclosure of how many of the 35% lower income households are actually overpaying for their housing. (See page 37.) Table H-29, disclosing overcrowding in the City, is also misleading to the extent that it attempts to correlate a lack of overcrowding with housing affordability. The Table declares that overcrowding in the City is low and that 7,926 of its households are not overcrowded (529 households are overcrowded at a standard of one person per room - not bedroom). (Page 43.) This conclusion is not surprising since the development of four bedroom units increased by 300% over the past decade. Indeed, 9,057 of the City's housing units are 3 or more bedrooms. (Page 25-26). The City also admits that its "smaller" bedroom stock is steadily decreasing. At the same time, the number of households. earning $60,000 or more has almost doubled while the number of households earning less than $1 5,000 was reduced in half. (Page 13.) It is clear that the City's emphasis on higher income units is forcing lower income residents h -m the community, or ultimately will cause more families to double up, and thus become overcrowded, because they cannot afford the housing. 2. The City declares that since interest rates have fallen, low- and very low- income households may be able to afford a limited number of homes. It states that a low-income family can purchase a $108,000 home in La Quinta but it provides no evidence that any single family homes, townhomes or condos are available at that amount. (Pages 40-41.) In fact, no ownership opportunities are available to very low income households "although mobile home resales may fall under $90,000 should one become available.��(Page 41.) Again, the City provides no evidence that any mobilehomes are available 14 P:\FRED\Housing Element\Final Response Letter HsngElement Comments 6.doc 57 Housing Element Response to Comments October 7, 2004 for purchase or that a very low income household could afford to purchase a mobilehome sold for $90,000. 3. The City affirmatively states that there is a need for senior housing. (Page 45.) In fact, this is the only special needs population that it declares to be in need of housing. In truth, the special needs analyses reveal that senior housing is the only need that is being met. Indeed, and in addition to the unmet housing needs of its farm worker and homeless population described above, the City is not meeting the needs of its disabled residents, large families or female -headed families and none of the housing programs set forth in the Draft Element are geared toward meeting these needs. We further submit that the City's proposed program to "permit" emergency and transitional shelter for the homeless is meaningless without mitigation of existing constraints described herein. (A) There is a substantial need for housing for people with disabilities, including group or board and care homes --yet only 42 beds in the County that provide "housing" for people with disabilities (including 25 beds for persons with HIV or AIDS) (Pages 45-46.) The City sets forth no policy or program, including a reasonable accommodation policy specifically for people with disabilities, that is designed to encourage or facilitate group housing situations. (B) In his May 2001 letter, Attorney General, Bill Lockyn; explained that local governments have an affirmative duty under fair housing laws to provide reasonable accommodation and "Lilt is becoming increasingly important that a process be made available for handling such requests that operates promptly and efficiently." The State Attorney General, in rejecting local governments' use of the variance or conditional use permit process to evaluate requests for reasonable accommodation under fair housing laws, explaining that reliance on alternative procedures (such as the granting of 'variances" with different criteria, serves at least in some circumstances to encourage community opposition to projects involving desperately needed housing for the disabled.) (C) Accordingly, we urge the City to adopt fair housing reasonable accommodation procedures as one way of addressing barriers in land use and - zoning regulations and procedures, and to take a comprehensive approach to eliminating discrimination and furthering housing opportunities for individuals with disabilities. 622 P:\FRED\Housing Element\Final Response Letter Hsng.Element Comments 6.doc 15 58 Housing Element Response to Comments October 7, 2004 (D) The City states that there is need for adequate housing for large families and that larger families often face income limitations. (See pages 47-48.) There are 269 large households renters in the city but the census only tabulated 119 four and five bedroom occupied rental units (1 10 four bedroom and 9 five bedroom units.) It is unclear where the remaining 150 large renter households are residing but presumably they are in smaller units with overcrowded conditions. (The City also alludes to the possible availability of an additional 560 vacant units without any support or identification.) In any event, the City claims that the needs of larger families can be augmented by three bedroom units that represent over 50% of the rental stock - without any consideration as to affordability and family size. (E) Similarly, the City is vague with regard to the housing needs of female headed households. (Pages 48-49.) First, it states that female -headed households with children (or 410 households) e m an average income of $19,577 compared to female households without children (at S34.156.) The City states that the average poverty threshold for a family of four is $17,960, declaring that the poverty level for female headed households with children is "low". However, based on the City's own statistics, one half (approximately 200 households with children) earn incomes at the poverty level or slightly above (within $1600 per year--- or S 135 per month). At an average income of $1 9,577, female headed households with children should only be paying approximately $488 per month for rent. As demonstrated on Table H- 24 (See page 33), there are only 60 three bedroom rental units that rent for less than $500, and the majority of three bedroom rentals have rents at $750 or above (776 units). Since it appears that the housing needs of approximately 350 female headed families (410 - 60 - 350) are not being met, the City should also focus on the development of affordable housing 'to meet these needs. City Response: 1. Overpayment refers to renters and homeowners who must pay more than 30 percent of their gross incomes for shelter. Table H-26 accurately represents the overpayment figures as presented in the 2000 Census as to the number and percentage of households that spend 30% or more of their gross income on housing costs. As defined by the U.S. Census, an overcrowded household is one with greater than 1.01 persons per room, excluding bathrooms, kitchens, hallways, and porches. Rates of overcrowded conditions are considered to be a good gauge of housing 16 i 2 3 P:\FRED\Housing Element\Final Response Letter HsngElement Comments 6.doc Housing Element Response to Comments October 7, 2004 affordability as these rates can indicate whether families are being forced to "double -up" due to a lack of adequately sized units. The City's increase in the number of multiple -bedroom units is not considered to be detrimental to the provision of affordable housing stock. 2. The City understands that the Southern California housing market does not generally produce housing affordable to very low-income households. The City does not claim that new homes will be constructed that will be affordable to very low-income households. Rather, the City states that falling interest rates in. 2003-2004 may have increased the affordable purchasing prices for very low income households to. Table H-28 indicates that $108,000 was the lowest price recorded for a resale home and $135,000 was the lowest price for a new home as of June 2002 3. (A-C) The City will adopt a reasonable accommodation ordinance to ensure that the City's development standards and processes do not pose a barrier for affordable housing for disabled residents. A draft version of this ordinance is attached hereto for your review. 3. (D-E) The City's affordable housing efforts strive to generate housing affordable to all special needs groups, including large families and female - headed households. 5. Constraints to Building Affordable Housing CRLA Comment: La Quinta acknowledges that since it is "largely dependent on tourism, a high percentage of [low-income] employment is being generated. . . [without housing available at prices affordable to accommodate the maximum monthly housing [cost of these] employees. (Page 61.) Yet, the City continually refuses to address constraints that limit the availability of much needed affordable housing. We remain disturbed about the City's refusal to address affordable housing constraints. In our letter of May 10th, we raised a concern that the City's maximum density range which allows a maximum of 16 dwelling units per acre serves as a City imposed constraint to the development of affordable housing. (Page 63.) This issue is not adequately addressed in the Revised Housing Element. As previously stated, we believe that the City of La Quinta needs to further analyze its land inventory, density restrictions and other cost factors necessary for the development of affordable housing for very low and low income households and special populations and should have a program to revise its maximum density i 17 P:\FRED\Housing Element\Final Response Letter HsngElement Comments 6.doc Housing Element Response to Comments October 7, 2004 substantially upward in order to ensure that their policies do not inhibit housing development Also, the City needs to further analyze ,the need for minimum density for multifamily sites so that they are not used for single family subdivisions and take similar appropriate corrective measures. The City's attempts to justify its zoning densities fail. The City argues that it can produce affordable housing at densities lower than 16 d/u per acre but .its examples are to housing that was developed in the 1980s and early 1990s. However, the City also admits that land and construction costs do not make affordable housing economically feasible and redevelopment assistance is necessary to obtain affordability for lower income households. The more recent housing developed at less than 16 d/u (without RDA assistance) are admittedly market rate or high cost or otherwise not affordable to lower income households. The City further concedes that some of its newer affordable housing developments are at higher than 16 d/u , densities. By limiting its highest density in such a restrictive manner, the City fails to encourage and facilitate the development of lower income housing without RDA subsidy in violation of state law. The City's sole reliance on the RDA assistance to develop affordable housing is misplaced as these funds are limited and alone will not enable the City to meet its affordable housing needs. The City needs to encourage such development through other avenues, including the increase in density. We also believe that the City's density requirements raises fair housing implications (housing element law refers to equal opportunity) because of the potential impact on protected classes who are open lower income and often in the special needs categories. We do commend the City for encouraging a City imposed density bonus but are concerned about the City's apparent d.isregard of the state -imposed density bonus (which should be the minimum standard.) (See page 69 and Housing Programs.) We are also concerned that the local density bonus appears to be substantially utilized for "reason condominiums" and other related housing types and promoted lass for the production of affordable housing. Similarly, we commend the City for recognizing that its untimely processing and permit procedures, high development fees and high density and non-residential zoning conditions pose a constraint on the development of affordable and/or special needs housing, single room occupancy units (SROs) and residential uses in non- residential designations such as homeless shelters and transitional housing, among other types of housing. (Pages 72-82.) We further acknowledge that the City's "promise" to grant some "variances", expedite processing and reduce fees for selected types of housing is promising. (See pages 148-150.) However, we have 18 P:\FRED\Housing Element\Final Response Letter HsngElement Comments 6.doc JIM Housing Element Response to Comments October 7, 2004 strong concerns that such concessions will be made on a "case -by -case" basis, or apparently only for selected types of affordable and/or senior housing. It is unclear who will be making these decisions what standards must be met and how the requests for "case by case" concessions will be made. Without specific standards and procedural guidance, "case by case" consideration is meaningless. Furthermore, by presumably subjecting variance requests or CUPS to the public hearing process, the City is essentially inviting project opponents to shut down the proposed development. In fact, we query why the City would want to follow the public hearing process — instead of specifically requiring such concessions --- when it admits that NIMBYism a significant "non -City constraint." (Page 59.) We are also concerned that the City appears to ignore any concessions necessary for the development of group or care housing for people with disabilities. As noted above, without a specific reasonable accommodation for development accommodating people with disabilities, the City's zoning practices are discriminatory. We are also concerned that reductions in onerous parking requirements will be selectively and arbitrarily granted. City Response: The City agrees that the development of affordable housing at any density, without assistance, is extremely difficult. Based on the City's independent review of available information, it has concluded that the Southern California housing market has shown that high densities do not necessarily generate affordable housing. The State, however, has updated its guidelines on affordable housing to remove a reference equating higher densities with lower income housing, although the State and City recognize that higher densities can require less costly subsidies. Accordingly, the City's Redevelopment Agency actively subsidizes and generates the construction of affordable housing projects such as Miraflores and Hadley Villas. In addition, the Silent Second Trust Deed Program enables lower -income households to achieve homeownership. Pursuant to this program the Agency makes no -interest loans, secured by second -priority deeds of trust, to low-, very - low, and moderate -income households to aid them in acquiring homes. Pursuant to State law, these properties are subject to a deed restriction requiring the property to be maintained as affordable housing. Presently, the Agency has, funded approximately 321 of these Silent Second Trust Deed loans for very low-, low- and moderate -income households. By relying upon financial support as opposed to increased densities, the City is able to satisfy the needs of lower -income households without changing the lower density character of the City. Moreover, by ensuring that the City's affordable housing falls within current density levels, the City minimizes discriminatory feelings towards affordable housing by blending the affordable developments into the current housing product range. P:\FRED\Housing Element\Final Response Letter HsngElement Comments 6.doc 9 62 Housing Element Response to Comments October 7, 2004 This strategy is proven in the City's ability to repeatedly satisfy its RHNA responsibility. The City exceeded its 1989-1994 RHNA allocation of 206 units affordable to Very Low-income households by 34 units, and its RHNA allocation of 200 units affordable to Low-income households by 85 units. The City also expects to exceed its 1998-2005 RHNA allocation for lower -income households. As stated on Page 148 of the Housing Element, "The decision to assist a project with partial payment or waiver of selected fees is determined on. a case by case basis and negotiated with the project proponent as part of the application, review and approval procedure." The construction of affordable housing projects is often more complicated than other types of development due to the inherent inability of the market to cover the costs associated with such development. Each project has different needs and faces different constraints. By tailoring the City's approach on a case -by -case basis, the City is able to better facilitate the construction of such housing projects. Moreover, the City provides priority processing for low and moderate -income housing projects, potentially reducing the costs of entitlement. Further, while the City has made significant efforts, as described above, to provide assistance to make affordable housing available, the crux of this comment made by CRLA relates to questioning the density of residential land uses as adopted in the General Plan Land Use Element. The City approved the Land Use Element on March 20, 2002 (City Council Resolution 2002-042) . As a result, the density and conclusions reached by the City relating to residential density are conclusive and binding against all parties pursuant to California Government Code section 65009. 6. Redevelopment CRLA Comment: At pages 84-85 of the revised draft, the City states that it has six redevelopment projects in the planning stage with development for the construction of six residential projects with affordable components. It would be helpful if the City identified the six projects with particular emphasis on describing the "affordable" components of each of the projects. Also, the City cites that the Redevelopment Agency's Housing Rehabilitation Program which provides loans up to $25,000.00 for rehabilitation yet it offers no information about the success of the program or if any City residents even applied for the loans. Thus, in addition to identifying specific projects, the City should also confirm that it is complying with state - mandated recorded affordability restrictions of 55 years for rentals and 45 years for homeownership units, including those units rehabilitated under the Housing Rehabilitation Program 20 P:\FRED\Housing Element\Final Response Letter HsngElement Comments 6.doc 63 Housing Element Response to Comments October 7, 2004 City Response: The City provides a description of the residential activity in redevelopment project areas on Pages 91-93 of the Housing Element. The Agency maintains a "Silent Second Trust Deed" Program. Pursuant to this program the Agency makes no -interest loans, secured by second -priority deeds of trust, to love-, very -low, and moderate -income households to aid them in acquiring homes. Pursuant to State law, these properties are subject to a deed restriction requiring the property to be maintained as affordable housing. Presently, the Agency has funded approximately 321 of these Silent Second Trust Deed loans for very low-, low- and moderate -income households. In addition, the Agency has assisted private developers with building dwellings that are either sold or rented to very low-, low- and moderate -income households. This assistance includes purchasing land at market rates and selling it for $1.00, and underwriting some of the subsequent construction costs. These efforts have produced an additional 741 dwellings that will remain affordable to very low-, low- and moderate -income households for 30 to 55 years. Finally, the Agency is pursuing new affordable housing development projects that will generate an additional 340 dwellings that will be available for occupancy by very low- and low-income households within the next 48 months. 7. Housing Preservation CRLA Comment: Currently, there are six "at -risk" rental units in La Quinta. The City should reassess and reconfirm with project -based project owners that it is still their intention to maintain affordability subsidies beyond 2008. Since the City's data is old and the market rents have increased substantially over the past few years, the data relied upon in the revised draft housing element may . be obsolete. Although these housing units may represent a minimal number of rental units overall, it is essential to maintain. the affordability of these units and maintain compliance with Govt. Code §65583(a)(8)(A) through (D).. Throughout its Element, the City relies on the presence of Section 8 vouchers to help meet the housing needs of its low income population. However, since the federal government is proposing significant cut -backs in funding for Section 8 vouchers, the City should analyze its need for affordable housing without the assistance of Section 8 subsidies and should further assess its "plan" if it does lose all or most of the vouchers used in La Quinta. PAFREMHousing Element\Final Response Letter HsngElement Comments 6.doc 21 64 Housing Element Response to Comments October 7, 2004 City Response: The City's communication with the owners indicated the units will continue to be offered as affordable and will not terminate in 2008. The commentator's remark that "the City's data is old and the market rents have increased substantially over the past few years, the data relied upon in the revised draft Housing Element may be obsolete" is pure unsubstantiated opinion and is not supported by any specific facts that suggest it is improper for the City or Agency to rely on the information contained in this report. In fact, the City and Agency have specifically made determinations that the information contained in its communication with the owners is reliable. 8. Resources and Programs Summary CRLA Comment: The City produces an extensive Housing Resources and Programs Summary as Appendix A which lists numerous Federal, State, County and City housing programs and funding sources. It would be extremely helpful if the City would provide information, particularly for non City housing program and funding sources as to which of the housing programs and funding sources are actually utilized by the City. Our understanding from the revised draft is that all affordable housing programs in the City are being funded solely with City redevelopment funds, including its 20% set aside funds. If this should be the case, we strongly encourage the City to supplement its redevelopment funds with Federal, State and County funds earmarked for affordable housing. (See also comments above). Due to its proposed redevelopment of land with existing affordable housing, including. its proposed residential development of agricultural land, the City must include a program for relocation assistance to all residents displaced by the actions undertaken by the City. The City fails to include such a program. Finally, while it is essential that the City comply with state mandated inclusionary requirements for redevelopment projects, we encourage the City to expand its local inclusionary requirement beyond residential development in only commercial zones. Given the recent and proposed build out of the City, its inclusionary requirements would have a significantly greater impact if enforced in both residential and commercial zones. 22 PAFREMHousing Element\Final Response Letter HsngElement Comments 6.doc 65 Housing Element Response to Comments October 7, 2004 City Response: The City has had some success in accessing Federal, State and other local housing revenue due to the amount of 20% Housing Set Aside Tax Increment Revenue the Redevelopment Agency annually receives. During Fiscal Year 2004-2005, the Agency will deposit over $9,000,000 into its affordable housing fund. With this amount of revenue being annually generated locally, the City has had limited success in securing Federal and State housing revenue. However, the Agency has secured some Federal and State funding to facilitate the preservation or development of affordable housing. Section 8 funds provided through the County of Riverside assist 43 very low-income family households to rent 43 single family dwellings in the Cove. The Agency invested $3,000,000 of redevelopment housing funds to preserve these units as Section 8 eligible homes when the developer who initially included these dwellings in the County's Section 8 Program declared bankruptcy and the bankruptcy court elected to sell these units. HUD 202 loan funds were used to underwrite the development of 80 senior housing units of which 40 are affordable to very low-income, and 40 affordable to low-income households. The Agency assisted the Coachella Valley Housing Coalition (CVHC) to secure Federal and State funding that generated ten single-family dwellings that are owned by five very low- and five low-income households. Further, the Agency has participated in 9% and 4% tax credit developments that generated 80 very low-, and 118 low- to moderate -income senior rental units. Finally, the City facilitated the issuance of mortgage revenue bonds; bond 'proceeds funded the development of 118 multifamily units located in the Villa Cortina apartment complex of which 58 units are affordable to very low-income and 58 units affordable to low-income family households. If the City Or Agency undertakes projects that would displace residents, regardless of income, relocation assistance will be provided per Federal and State statutes. HOUSING AUTHORITY OF THE COUNTY OF RIVERSIDE 1. Home Funding There is no allocation of HOME funds for this purpose [to help reduce Section 8 waiting list] at this time or expected in 2005. City Response: The reference has been removed on Page 139. PAFRED\Housing Element\Final Response Letter HsngElement Comments 6.doc t (1 r Q 23 Housing Element Response to Comments October 7, 2004 2. Update of Information on Housing Choice Vouchers Housing Authority Comment: Just as an update of information, as of August 25, 2004 there are 135 families living in the City of La Quinta that are receiving rental assistance in the form of Housing Choice Vouchers. There are 271 families on the Section 8 waiting list that give an address in La Quinta. City Response: This information has been incorporated into the Element on Pages 39 and 139. Page 39: Other sources for estimating overpaying rental households are the waiting lists for Housing Choice, formerly Section 8. Housing programs. Due to demand for Housing Choice Voucher units, only Federal preference applicants are placed on the waiting list. One of the criteria for Federal preference is if the applicant household is paying more than 50 percent of monthly income for rent plus utilities. According to the Housing Authority of the County of Riverside, 122 units in the City were leased and occupied by Housing Choice tenants in 2002. This number has increased to 135 in 2004. Additionally, 271 families on the Section 8 waiting list provide, an address within the City of La Quinta. The majority of units leased are three bedrooms, followed by one bedroom units. The majority of assisted households are families with children, followed by the elderly and disabled. Page 139: The Riverside County Housing Authority administers the Housing Choice Voucher Program for Riverside County, including La Quinta. The demand for voucher assistance is high in Riverside County. According to the Housing Authority, approximately 122 households in La Quinta received rental assistance vouchers in 2002. The number of households has increased to 135 in 2004. Additionally, 271 families on the Section 8 waiting list provide an address within the City of La Quinta. The majority of vouchers are redeemed at rental units in the Cove and Village areas. .3. Influencing Housing Choice Vouchers Housing Authority Comment: While it is true that the City of La Quinta cannot directly influence the number of Housing Choice Vouchers available to the residents of the City, the La Quinta" Rental Housing Program goes a long way toward making affordable units available to the residents that hold Housing Choice. Vouchers. The Housing Authority would - 0J 24 PAFREMHousing Element\Final Response Letter HsngElement Comments 6.doc B 7 Housing Element Response to Comments October 7, 2004 encourage the City of La Quinta to purchase more homes for use by those holding Section 8 Vouchers. City Response: On page, 123 and 124 of the Housing Element, the plan objective for the La Quinta Rental Housing Program has been updated to encourage additional unit acquisitions using sufficient set -aside funds. Page 123: RDA shall offer the potential for qualified Very Low-income households to purchase the 43 single-family units in the Cove acquired by the RDA from Coachella Valley Land in 1995. Target sale of two units per year. Target the acquisition and rehabilitation of ten additional units (located throughout the City), and sell them to low-income households. If funding becomes available, the number of units acquired should be increased to offset increasing housing costs in La Quinta. Page 124: Continue to provide rental opportunities to 43 Very Low-income households in single-family units in the Cove purchased from Coachella Valley Land in 1995. Sell units to qualified home -buyers as market supports. Utilize Housing Choice vouchers to assist renters. If funding becomes available, the number of units acquired should be increased to offset increasing housing costs in La Quinta. Page 139: The City cannot directly influence the number of Housing Choice vouchers available to residents, however the City should support efforts of the Housing Authority to obtain additional funding from HUD to provide subsidies. The City can, however, if sufficient funding sources are available acquire homes to offer affordable housing to those with Section 8 Vouchers through the City's Rental Housing Program (see discussion on Page 137 and Table H-48 on Page 123 and 125). 1. Homeless Facilities Location CVRM Comment: The last line of the first paragraph should read, "...facilities in the County, City of Indio, or Palm Springs for assistance." The CV Rescue Mission in the County, not Indio. City Responpe: The sentence has been revised. ,)32 P:\FRED\Housing Element\Final Response Letter HsngElement Comments 6.doc 25 rk]"a m • Housing Element Response to Comments October 7, 2004 Page 50: If a person or family find themselves homeless they must go to regional facilities in the County, City of Indio, or City of Palm Springs for assistance. 2. Homeless Survey CVRM Comment: The last line of the fourth paragraph is erroneous. CVRM was a participant in the valley -wide homeless census and services survey. As much as a city would like to think it has no homeless population to deal with, that is almost never the case. Some homeless ' gather in the area around the Circle K, at Tampico. Others are quite transient and are difficult to track; but they are there and identifiable. City Response: The Riverside County Department of Public Social Services Homeless Census from May 2003 does not indicate the presence of any homeless persons in La Quinta. Additionally, consultation with the City of La Quinta Police Department indicates that the persons around the Circle K are not necessarily homeless and appear to be waiting for work. However, the City recognizes the transient nature of homeless persons and has amended its Zoning Code to permit emergency shelters by right in all non-residential zones and transitional facilities in the Regional Commercial and Major Community Facilities Districts subject to a Conditional Use Permit. This will permit shelter resources to be constructed in La Quinta. Page 51: This information indicates a need for a minimal number of shelter beds. However, homeless persons and families are often transient and may find themselves in need of shelter in any given jurisdiction in the County. Accordingly, the .Zoning Code was amended to .permit emergency shelters by right in all non- residential zones and transitional facilities in the Regional Commercial and Major Community Facilities Districts subject to a Conditional Use Permit." 3. Homeless Facilities Information CVRM Comment: Table H-34 needs to be corrected as follows: Change: o CVRM number of beds to read 80 (not 30 as listed) - this has yet to be corrected in the County General Plan as well. fj �6 PAFRED\Housing Element\Final Response Letter HsngElement Comments 6.doc 69 Housing Element Response to Comments October 7, 2004 ❑ . CVRM clientele are men, women, and families. ❑ I also believe Nightengale Manor has 30 beds, but you should check with them. ❑ Martha's Village & Kitchen is missing - they have 120 transitional beds for men, women, and families. City Response: The table has been revised. Page 51: See Table below. Nightengale Manor has indicated that it has the ability to provide housing for as many as 50 family members. TABLE HOMELESS SHEL TER RIVERSIDE COUNTY 1999 H-34 RESOURCES Type of Clientele or Needs Number She/ter Name She/ter City Served of Beds ' ABC Recovery Center Emergency Indio Women & children 78 Armory Emergency Indio General 125 Coachella Valley Rescue Emergency Indio Men,. women, & 80 Mission families Colorado River Emergency Blythe General 12 Community Action Nightengale Manor g Emergency Palm Springs Families 50 Richard Allen Community Emergency Blythe General 8 Services Shelter from the Storm Emergency Palm Springs Women & children 30 ABC Recovery Center Transitiona 1 Indio Substance Abuse 16 Episcopal Community Transitiona Cathedral HIV/AIDS 34 Services I City .Martha's Village & Transitiona Indio Men, women, & 120 Kitchen I families Cathedral City HIV/AIDS Permanent Cathedral HIV/AIDS 25 City PAFRED\Housing Element\Final Response Letter HsngElement Comments 6.doc 17 it 3 4 70 Housing Element Response to Comments October 7, 2004 TABLE HOMELESS SHEL TER aivFa cinF r- nUNTY t 999 H--34 RESOURCES Type of Clientele or Needs Number Shelter Name Shelter City Served of Beds ' Persons With Shelter Plus Care TBRA Permanent Indio Disabilities/ Mentally III 17 ' A total of 473 full-time beds are available in the County. Some of the beds are double counted in this table as some shelters provide emergency, transitional, and/or permanent shelter beds. Source: Riverside County Consolidated Plan 1999-2004 and The Planning Center, 2004. COACHELLA VALLEY HOUSING COALITION (CVHC) 1. Public Participation [From Page 1 of the Letter.] The intent of this letter is to express the Coachella Valley Housing Coalition's (CVHC) concerns over the inadequacy of efforts made by the City Planning Department of La Quinta to garner public participation in the drafting and revision of their June 2004 Housing Element Update. California Housing Element Law states that each jurisdiction "shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element. ' "CVHC's purpose is to help low-income families improve their living conditions through advocacy, research, construction, and operation of housing and community development projects. CVHC is cited throughout the Housing Element Update as a local housing advocate, and a source of important information on area housing needs. The City Planning Department, however, chose not to seek out CVHC's expert opinion once the draft was distril5uted to community groups both during the first round and second round of comments. [From Page 4 of the Letter] Additional text in CVHC letter is partially missing between pages 3 and 41:... returned to the City with instructions to increase public participation. We understand that the Housing Element Update was returned to the City in part because of a letter written by Mr. Rodriguez and Rita Luivanos-Castro of CRLA to HCD regarding the legality of the document. This letter stated that "there was little, if any, effort by the City to include meaningful public participation 1 Section 65583(c) PA REMHousing Element\Final Response Letter HsngElement Comments 6.doc 2s f 35 71. Housing Element Response to Comments October 7, 2004 in the drafting of its revised housing element" (page 1). As Mr. Baker stated in a phone conversation, the City redistributed copies of the June 2004 draft to community groups for a two week commenting period, per HCD's instructions. Despite the fact that we are prominently mentioned in the Housing Element Update during the initial highlighted in their Housing Element Update, we were again not solicited for comment in the second round. The City of La Quinta apparently recognizes us as an important force in developing affordable housing as CVHC was referenced six times in the La Quinta Housing as a past provider of affordable housing within the City and a source of vital housing information. Because of this we should have been asked to provide comments germane to the June 2004 Revised Draft of the Housing Element Update. Has we been formally contacted when the City consultant was preparing the Housing Element Update, our insight could have been used to accurately describe the area housing needs and we would have reacted to the current conditions of growth in the City. Instead, the City chose to use a, secondary source and a 3 year -old phone conversation not specifically applicable to the current housing needs in La Quinta, as their evidence that CVHC was contacted for comment. The City's failure to appropriately solicit information from us during the entire process of drafting and review of their Housing Element is inexcusable and fails to comply with HCD's statutory requirement for public participation. It is imperative that Housing Elements of every local government general plan seek to meet local and regional needs and are effectively implemented. Housing elements are the main mechanism through which state law and state housing goals are met. Comments from the public are reviewed by HCD as significant factors in the decision to approve the element. We recommend that public participation be heightened to allow for the most accurate analysis of housing needs and resources for development. City Response: CVHC contacted the City regarding the preparation of the Housing Element and asked and then advised the City that CVHC was not a part of the initial group that received and commented on the June 2004 Revised Draft Housing Element (see response to Public Participation in comment letter from CRLA). However, CVHC had not specifically requested that it be included prior to this letter. The CVHC informed the City that it preferred not to prepare comments in conjunction with the reviewing group and would reserve its comments for the September 28, 2004 Planning Commission hearing. At this time CVHC questioned the references to CVHC as a source of information for the Housing Element (see 3 below "Citation of CVHC"). On September 24, 2004, the City received the. subject comment letter on the Housing Element. P:\FRED\Housing Element\Final Response Letter HsngElement Comments 6.doc 29 72 Housing Element Response to Comments October 7, 2004 2. 1998 Single -Family Zoning CVHC Comment: CVHC has been actively involved in meeting housing needs in the Coachella Valley for 22 years and has developed more than 100 single-family self-help homes within the City of La Quinta since 1998. Despite our long term efforts to improve housing in the City, CVHC has faced resistance from City government in the past. In 1998 the City proposed a change in single-family zoning laws that would have prevented CVHC from building a scattered site Self -Help Housing development in the Cove area. In a June 15th, 1998 letter, our legal representative, Attorney William J. Davis, submitted a letter to the City in response to the proposed changes stating, "It is legally improper for the City to impose design or construction requirements in response to constituent pressure in an effort to exclude affordable housing." I also went before the City Council not to move forward with the proposed zoning law. In response to our action, the City agreed to withdraw the proposed change in zoning. Through advocacy and development within the City of La Quinta, CVHC has demonstrated a vested interest in ensuring the City meets its affordable housing needs. City Response: The comment is noted. The commentator's opinions relating to the alleged unlawful nature of the City's Zoning Code are unsupported legal conclusions that the commentator is not properly qualified to make. The City's determination to not adopt design and construction requirements does not necessarily demonstrate that the City Council agreed with Mr. Davis' commentary or the commentary of the commentator presented at the City Council meeting. As such, this comment is based on unsupported opinion and does not constitute evidence of any unlawful activity. The commentator does not cite any specific evidence to support its opinion and on this basis this portion of the comment is speculative and unsupported. 3. Citation of CVHC CVHC Comment: We have had the opportunity to review a copy of the June 2004 Draft of the La Quinta Housing Element Update provided to us by Arturo Rodriguiez of California Rural Legal Assistance, Ino, (CRLA). We were quoted twice and our projects were referred to several times in the Housing Element Update. When we reviewed the Housing Element Update, we found that we were unable to reference what the PAFRED\Housing Elemenffinal Response Letter HsngElement Comments 6.doc 30 73 Housing Element Response to Comments October 7, 2004 source of information was for our quotes. We contacted a City of La Quinta representative by phone on September 2"d to request citation for the quotes. We are first referred to on Page 49 as having conducted a survey of farmworkers in the Coachella Valley. According to the city representative, the City's Housing Element Consultant stated that the information from this survey was found in a September 2000 issue of Rural Migration News. Had CVHC been contacted directly we could have proved information specific to our knowledge of affordable housing needs within La Quinta. The Rural Migration News article is a five -year -old second-hand source that references the needs of a different community within the Coachella Valley. This information should not have been used to represent the affordable housing needs in La Quinta. CVHC is again reference on Page 181 in the Public Participation section. Here the document states "organizations related to low-income housing were contacted during the update of the Housing Element to gain further insight into the affordable housing needs facing La Quinta." According to our records, we were never contacted by the City or their consultant regarding the Revised Draft of the June 2004 Housing Element Update. Also, on page 181, the document states, "the CVHC identified an urgent need to rehabilitate and improve conditions in mobile home parks" According to the City representative, the consultant obtained the information for this quote in a May 1, 2001 phone conversation with Sergio Carranza, a former CVHC employee. It is our understanding that this was a casual conversation and that Mr. Carranza's statement did not refer specifically to the housing needs of the City of La Quinta. During his time at CVHC, Mr. Carranza was actively involved in providing advocacy and housing for displaced residents of closed -down illegal mobile home parks in rural areas cast of Coachella. Our involvement with development in La Quinta has been centered on attempting to acquire sites for multi -family housing projects and on the development of Single -Family Self -Help homes, because we was these as the most pressing needs in that community. Sergio Carranza's comments on Page 181 refer to a need for improved mobile - home park conditions in Eastern Coachella Valley. Used in the Housing Element Update, Mr. Carranza's comments appear to indirectly support the City's efforts to replace the Vista Dunes Mobile-Home2 Park with lower density housing. While we with to support the City's efforts to improve the quality of affordable housing, we believe that this can be done at the site of vista Dunes Mobile -Home Park without displacing residents. 638 31 PAFREMHDusing Element\Final Response Letter HsngElement Comments 6.doc 74 Housing Element Response to Comments October 7, 2004 City Response: Page 49 in the latest version of the Housing Element no longer references the CVHC on the subject of farmworkers in the Coachella Valley. The City and its consultant cited information found in the September 2000 issue of Rural Migration News. The City considers Rural Migration News (RMN) to be a valid source of information. RMN is affiliated with the University of California at Davis as part of the Migration Dialogue Project. The City concluded that this source was credible and the evidence contained in the report was credible and supportable. The commentator has not presented any specific evidence that contradicts the City's conclusion to rely on this information. The City did contact the CVHC in regards to the June 2004 Housing Element. (See response to Public Participation above.) The conversation with Mr. Sergio Carranza was interpreted as factual and reliable and the conversation explicitly concerned the housing needs of La Quinta. A closer evaluation of the project's records indicated that the phone conversation actually took place on October 26, 1999. The City shares and appreciates CVHC's concern for generating additional affordable housing in La Quinta. The City's redevelopment activities are geared towards generating both multi family and single family affordable units. 4. Vista Dunes Mobile Home Park CVHC Comment: Currently, the City is being sued over its attempt to close Vista Dunes Mobile Home Park within its city limits and replace the mobile -homes there with single- family modular rental homes for very low-income households. While residents of the mobile park will given priority placement within the new development, there are only 82 new units proposed as compared to 92 mobile homes existing. This guarantees that at least ten existing households will be displaced permanently and likely forced to move outside La Quinta to find affordable housing (Vivanco, Leonor "Suit filed over low-income resident relocation" The Desert Sun, August 30, 2004). Whether or not they are able to return to the new development, many of the current Vista Dunes residents, whose housing costs are only for a space in the mobile home park, are likely to end up with higher housing costs if they are required to move into rental housing. Not only will housing costs rise on average for the current residents, but the closure and rehabilitation of Vista Dunes Mobile - Home Park will actually decrease the number of affordable units available. 32 P:\FRED\Housing Element\Final Response Letter HsngElement Comments 6.doc (1 .� 75 Housing Element Response to Comments October 7, 2004 City Response: The Redevelopment Agency purchased and is redeveloping Vista Dunes Mobile Home Park because the site constitutes urban blight and because a majority of the coaches, and all of the site utility infrastructure, are dilapidated and need to be replaced. The Agency determination with respect to Project Area 2 is in conformity with the City's findings that Project Area 2, within which the Vista Dunes development is located, is blighted. This determination is conclusive against all parties and reflects the reasoned judgment of the City and the Agency. The Park is 36 years old and the water and electrical systems have not been improved or replaced since they were originally installed. Further, there is severe overcrowding with many coaches using plywood structures as bedrooms. These structures often do not have heating or air conditioning units. As a result, the City determined these structures were not safe. The Agency explored ways of refurbishing the Park and replacing the existing coaches, but given the interconnects between site utility systems and the narrow, rectangular shaped parcel, the utility systems could not be replaced without shutting down all utilities, and construction access could not be provided without creating dangerous safety problems. Given these constraints the Agency elected to work to vacate the Park of all occupants and then proceed to redevelop the site with single-family dwellings that `will be rented to very low-income family households because rehabilitation was not a viable option. These dwellings will feature 55-year covenants that will restrict annual rent increase to costs affordable to very low-income households. The Agency is also reducing the number of units in order to increase on -site parking, and provide on -site recreation and open space areas. The new project is planned to have 80 new units at vista Dunes Mobile Home Park. In addition, the Redevelopment Agency recently purchased other land to be used for additional Affordable Housing. Thus, the ten referenced units that CRLA alleges are going to be lost will receive first priority in this development as well as the newly acquired affordable housing site. The objective of the City is that the project will contain sufficient units to accommodate the current park residents. The City notes that the Community Redevelopment Law (Cal. Health & Safety Code section 33410 et seq.) does not require the City to provide each resident new housing at that same location. Rather, the Community Redevelopment Law requires that the City identify comparable replacement housing, and offer first priority in the new development to current residents. (Cal. Health & Safety Code § 33411.3) The City will comply with this legal requirement and other applicable requirements of the Community Redevelopment Law. The comments by the Coachella Valley Housing Coalition regarding the Vista Dunes Mobile Home Park do not provide specific evidence (other than quoting a newspaper source) that the City of La Quinta conclusions in the draft Housing 640 PAFRED\Housing ElementTinal Response Letter HsngElement Comments 6.doc ' ,33 76 Housing Element Response to Comments October 7, 2004 Element update are unsupported. The City's supportable since the City will comply wit requirements and the Community Redevelopment in this regard are unsubstantiated opinion and d with additional specific evidence. h conclusions are reasonable and applicable State codes and Law. Thus, CVHC's statements o not address the CRLA lawsuit 34 641 P:\FRED\Housing Element\Final Response Letter HsngElement Comments 6.doc 7 Planning Commission Minutes October 12, 2004 D. Tentative Tract Map 30185, 1" Time Extension; a request of T D Desert Development for consideration of a time extension for a division of approximately 3.62 acres into seven single-fami i e ial lots, one open space lot, and a well site, for the prop y located a the southwest corner of Cabrillow Way and Mission Drive West, thin Rancho La Quinta. 1. Chairman Kirk opened the public hearing nd asked for the staff report. Associate Planner Martin agana presented the information contained in the staff repor ,a copy of which is on file in the Community Development Dep rtment. 2. Chairman Kirk asked if there ere any questions of staff. Commissioner Daniels asked if ere was a criteria for this action. 3. Commissioner Quill stated t ey are given two years and they they can be granted three exte sions. Staff noted no changes can be made to the map durin this process. The Commission should determine if there ar any changes and add any changes they believe are necessar . 4. Chairman Kirk a ed if the applicant or if there was any other comment. The being none the public participation portion of the hearing was osed and open for Commission discussion. 5. It was mo ed and seconded by Commissioners Daniels/Ladner to adopt PI ning Commission Resolution 2004-078, recommending approv of Tentative Tract Map 30185, 1 t Extension of Time, as reco ended. ROLL C L: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Krieger. ABSTAIN: None E. Environmental Assessment 2004-521 and General Plan Amendment 2004-102; a request of the City for consideration of adopting a Negative Declaration of environmental impact and Amendment to the General Plan Housing Element. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the report a copy of which is on file in the Community 42 78 G:\WPDOCS\PC Minutes\10-12-04.doc 5 Planning Commission Minutes October 12, 2004 Development Department. Staff introduced Colin Drukker, The Planning Center, the City's consultant. 2. There being no further questions of staff, Chairman Kirk asked if there was any other public comment. Mr. Arturo Rodriguez, representing Coachella Valley Rural Legal Assistance (CVRLA), stated he had appeared at the Commission meeting of September 28, and at that time he was given two weeks to review the draft Housing Element. He noted he received this packet on Monday, October 11 th and will be submitting written comment before the City Council meeting of October 19t'. His comments today are limited to the history of CVRLA's participation. He noted that a page is missing between Pages 42-43. He also noted they do not agree with staff's Response to Comments. 3. Commissioner Daniels noted SCAG assigns the numbers the City must meet for its affordable housing quota and the City has worked toward that and the City has met their quota. Was Mr. Rodriguez saying the City has not? Mr. Rodriguez stated they believe not all the concerns have been met. For example, the Hammer property is stated to be owned by the City and ' will accommodate 300 + units, but they do not know if this is true. He noted 92 units will be lost at the Vista Dunes Mobile Home Park (VDMHP) and are not a part of SCAG's numbers. Commissioner Daniels asked if he was implying the loss of the VDMHP units should be added in to the SCAG numbers and CVRLA does not believe the other programs the City has will accommodate them. Mr. Rodriguez stated most of the affordable housing needs are being met only by City's Redevelopment funds. No outside funds are being used and they believe that is a concern, because those funds are limites. The City's Housing Element is supposed to be in compliance by June of next year and next year the process will be repeated all over again. Commissioner Daniels noted however the City has achieved its numbers regardless of what method is used. Mr. Rodriguez stated his concern is that the City needs to identify other revenue available to them instead of depending on the Redevelopment Agency for the funding of housing projects. He notes the Housing Element states that the City does not qualify for State and Federal funds and they are not sure this is true. He needs more time to review the responses. Commissioner Daniels asked how La Quinta's Housing Element compares to the other communities in the Valley for compliance. The feedback they have received is f3 G:\WPDOCS\PC Minutes\10-12-04.doc 6 79 Planning Commission Minutes October 12, 2004 that they are doing very well. Other cities have stated they are struggling and doubt they will ever meet their quota. Mr. Rodriguez stated most cities have problems constructing affordable housing because of cost and there is no desire to build affordable housing. There is another city in the Coachella Valley that does not address any affordable housing in their Housing Element. He noted the City is way above the housing numbers for moderate and above. 4. Chairman Kirk stated this public hearing process was continued to allow Mr. Rodriguez time to review the document and provide comment. To some degree he believes this was a waste of the Commission's time as he has not provided any comment. He has had the material for two weeks and still provides no comment. Mr. Rodriguez stated the City's Responses to Comments were just received yesterday with the staff report for this meeting. 5. City Attorney Kathy Jenson noted for the record the City's Redevelopment Agency acquired the Hammer property in March, 2004. The Specific Plan for the residential portion of this site will be before the Commission very shortly. It is for 300 very low rental units. 6. It was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2004-079 recommending to the City Council certification of a Negative Declaration of environmental impact for Environmental Assessment 2004-0521, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Krieger. ABSTAIN: None 8. It was moved and seconded by Commissioners Daniels/ to adopt Planning Commissioner Resolution 2004-080 recommending to the City Council approval of General Plan Amendment 2004-102, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Krieger. ABSTAIN: None G:\WPDOCS\PC Minutes\10-12-04.doc 7 _OCT-19-2004 TUE 12:09 PM FAX NO. L�P. 01 �.. —i`00A 45-701 Monroe Street, Suite G, Plaza 1. Indio, -CA 92201 TEL V60) 347.3157 FAX: (760) 342-6466 FACSIUII.E TRANSMITTAL SHEET • o. FROM Thomas Genovese CVHC rOMPANY: MATE: City of IA Qwnta 10/19/2004 FAX N� 9-L-- TOTAL NO. OP PAGP'S IW=DINC COVER: 777-7101 3 PHONE NUMmp- MM RM Housing Element Cents Q URGENT 10 FOR RFVIUW Q PLKASR COMMENT Q PLEASF, RF.P3.Y ❑ PLEASE RECYCLU NOTES/COWENTS: , 415 `OCT-19-2004 TUE 12:09 PM FAX N0, ►�i : / P. 02 Coachella V Thomas P. Genovese City Manager The City of La Quinta 79-495 Celle Tampico La Quinta, CA 92253 Housine Coalition roe Stint Si itc G, Plea 1. Ma, CA 92201 M (I60) W-3157 FAX: (760) 342-MM Ite: Response to The Citv_gf� s Ouinta Response to Comments about the Kraft Housing lrleutent Dear )& Genovese: Thank you for preparing a response to our comments about the rune 2004 Draft of the Housing Element Update and for providing the ootn:=* and your responses for other agencies. We would like to take this opportunity to- make additional comments regarding -the City of IA Quinta 's responses to our initial input. 1. Public Parficipstion a.. Regarding our comments about the lack of effort for garnering public participation, tip City respondod by stating. "y ..CVHC had not specifically requested that it be included prior to-.(CVHC's September 2004) letter." While true that we did not request to be included, CVHC #Wis quoted and statenrieeuts are =do that falsely indicate our participation in the formation of the housing.elcment. Additionally, eight Wier social service organizations, some of which do not focus specifically on housing, won contacted without requesting to be included. As a prominent affordable housing developer mentioned prominently in the L4 Quints housing element, CVHC should have been noted about the drafting of the housing element and also asked to eo=Mt after HCD requested that Ow City of La Quinta expand its public participation. in preparing the element in order to comply. with Housing Element IAw: "Local :govcrnmeuta shall make a diligent. of fort to achieve public participation of all economic segments of the cotn ----91 y in the developnunt of the housing element and the ele=nt shall describe this effort."a b. The City also states in theif response that "CVHC contacted the City regarding the __..:-preparation of the Housing dement and asked and then advised the City that CVHC was not a part of the initial group that received and commented on the ,dune 2004 Revised Draft Housing Element. However, CVHC had not specifically requested that it be included prior to this letter. The CVHC informed fife City that it preferred not to prepare cents in conjunction with the reviewing group and would reserve its commments for the September 28, 2004 Planning Commission hearing." We becaiao aware that the La Quints Housing Moment was being sent to comnunnity organizations for comment through a convers4oYn with Arturo Rodriguez at California Rural Legal AssiM= on September 1, 2004. At this time, we obtained a copy of the La Quints Housing Element from the !CRLA office. The deadline for participating in the reviewing group, to which we were not invited, was September 10. The conversation between CVHC and the city representative did not occur until Section 65593 (c). P46 vv. ♦v &-vv't A%J&- LLI VW All rnn 11V. I's UJ September 2, which did not give us enough time to mab a thorough review and respond to the Draft Housing Element before the due elate of September 10. Had we been contacted on August 20 along with the other solicited agencies and provided with a copy of the Housing Element Draft by the City, we could have participated in the reviewing group. 2. 1998 Single Family Zoning . a. our explanation of the 1998 letter sent by our attorney to the City of La Quinta is provided as evidence of our history of interest in the availability of affordable housing in the City. 'i'he City's response, which states that the attorneys cone rient "is based on unsupported opinion" directly contradicts the fact that the attorney cited state housing law in his argument against the City's proposed zoning law. His opinion was not unsupported, but rather was based on a California Government Code § 65009(d) (eliminating city power to impose design or construction requirements on low income housing). 3. Citation of CVHC a. CVHC agrees that Dural Migration News is a credible source of infxmation, as stated in the City's response to our comments. However, the article referenced in the La Quinta Housing Element refers to the needs of rural Coachella' Valley, and did not provide information spec to f=wcrkar housing needs in the City of La Quints. The research conducted by the City, while using a reliable source of information was not a specific analysis of the needs within the City and its sphere of influence. b. In response to the City's comment "The City did contact the CVHC regarding the June 2004 housing element update," CVHC has no record of being contacted by the City of IA Quinta after the City's conversation with Sergio Came= in 1999. *The conversation between a city representative and CVHC on September 2, 2004 was initiated by CVHC staff. We hope this letter clarifies our strong belief that the extensive housing needs of the City of IA Quints must to be properly identified in the city's Housing Element and that some of the city's interpretations of housing element law are questionable. It is CVHC's long-standing mission to provide housing for the low- income communities of the Coachella Valley. We look forward to working with the city to meet those housing needs for La Quinta's low-income residents. Housing Coalition Cc: Mario Angel, California Department of Housing and Community Development www.evhc.org r) 47 1u/ Ito/ u-* ILIZ 10: zn rAa 7bU :3V6 lua CALIFORNIA RURAL LEGAL ASSISTANCE, INC. Coachella Migrant Farmworker Project P.O. Box 35 1460 sixth Sit Coeobella. Cabromia 92236 Tek: (760) 390-7261 Facsimile: (760) )90-1050 E-Man: Croehellalntc+(i,�crt,.prc WWW: wvMw.R1;�.QiC Crboad Guewsro Directing Anorney 12-ate• ellug=dCrk ye wraAe"&" WArtornW 5-Ma+7 nR 'Mffi es in = Film taknoop-canwa Staff Anorney 5-Mall: R109M M48 Farmed V. Danku Coonnimily Winter 6-MelreaGBct1i1M1Zkrl� tu[ IAa MIr.ele community WOFAWail &M00 Cameo LepwkUdstm ,Iderimirtr,wh* Legal Sa"*PY &Me0CMq&j00 rla ark �LSC U l..A I:UAGH�LLA "J (Olf '?/O A N S M I T T A ***CONFIDENTIAL INFORMATION*** M- 6 L •a THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRXVILEGED AND CONFIDENTIAL INFORMATION_ INTEMED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY xWED'HELOW. IF THE READER OF THYS MESSAGE IS NOT THE INTENDED RECIPIENT, OR T EMPLOYEE OR AGItiNT RUPONSIBLE TO DELIVER IT TO TIME INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PRORIBITED. IF YOU NAVE RECEIVED THIS COMMUNICATION ERROR, PLEASE YMMEDIATELY NOTIFY US BY TELSpRONE, AND RETURN THE ORIGINAL. MESSA TO US AT THE ADDRESS LISTED BELOW VIA THE U.S. POSTAL SERVICE. THANK YOU. TO: Oscar Orc4 Interim Director FAX: (760) 777-123 3 FROM: Arturo Rodriguez DATE: October 19, 2004 PAGES: -3- (including cover page) RE: City of La Quinta's September 2004 Revision of Draft Housing Element MESSAGE: Please provide copies of these comments to the members of the City Council for tonight's public hearing on the proposed adoptioli of the Housing Element and include therm in the record of proceedings. Thank you. The original will follow by first class United States mail. r4$ IUi la/ U4 iUZ 10: Z0 rAb d oU 400 1000 LxLA CUAChhl -LA Q p �,p) Lgak CALXFORNIA aR UBAL LEGAL AS'S`�T�S'TA.�'1TCE Inc. WOANT FAPJfWORM PROdECTi COschella RsPiOndl Office u 4RT-L4 October 19, 2004 P.O. Box 35 VIA FACSIMILE TRANSMISSION & 1 Vr CLASS MAIL 1460 Sixth Street Coachclla, California 92236-0035 (Community Development Department and City Clerk) Telephonc: (760) 398-7261 Fax: (760) 398-1050 Mr. Oscar Orci F IWA, c.oacbt11aM1tala ea Interim Community Development Director o City of La Quinta rCrisedle'g F-rew,. cauenar+i!" M P.O. Box 1504 Arturo Rodriguez La Quinta, CA 92253 - h-Ma1: AmiJri�enL�� Rita t uevarlos-csarro RE: City of La Quinta's September 2004 Revision of Draft Housing Element Si&ffAWmW E-mail: Rcaprowip it 01Q Emanuel V. 6eniW7. Dear Mr. Orei: Canrnrrwl& Wwker F.-MAIL- BbaMVCditr% We are submitting these comments on behalf of our clients for consideration Lorena Martinez CoerMwniv INAM at tonight's public hearing on the adoption of the City's draft housing element. As &Mail: I wrr' ria cr you know, our office submitted comments to the California Department of Adwiwvr..elveLegdSaIWOY Community and Housing Development (HCD) on May 10, 2004 and again on E-Malt; -+•a August 11, 2004. On said dates, courtesy copies of these letters were sent to the City of La Quinta in care of Mr. Fred Baker. On September 9, 2004, I provided you CJ.NT1tAL OPME 611 Harvard SIFWe sWW 300 with a CO of August 11 tl' letter which has been included in the City's response PY our 8u San Fra wWm CA 9410S Teo~ (415)M-273= which was provided to the PlanningCommission for its meeting of•October 12a P O Fax: (4 IS) 3/3-177= 2004 and which is also in the staff s recommendation for tonight's City Council w►arld Wdt Web. wv�r.C�1.1 Orb ;k Web www.othi o R P°�' meeting. I am enclosing a copy of our May 10, 2004 letter for inclusion in the F�:ecWiw Dinew Ex wi, C•'R&WAo record for tonight's proceedings. Dcpwry 1>'IMow IWph SwAgo AbUeal raaal Caws.+ We have reviewed the City's responses which were submitted for the w%m o. m er Planning Commission meeting of October 12, 2004 and which, with a few minor GOIX AWAN dfL„r,;o, A T,„lifti= changes, have been submitted for tonight's City Council meeting. Without .4A*cm,, exception, it is our position that the City has not adequately addressed any of the OTHER REGIONAc OFFICES concerns which. we raised in our comments of May 10" and August 11 ". We Amin ("1)154.3"3 akhao (103) 735.4310 therefore enclose all of our comments and ask that the city take the time to respond @I Cawv (Ion 353-= rm"a (330) 4A).172 t substantively. 011foy (U I )147-140d Madera IM 674-5671 Mxsn'Ik (f)0) 7/2.5191 Madato (M)577.3111 The City's responses appear to us as a misguided attempt to sway the City Momem (131) 375-030i I)MA ;ide (760)94"SII officials charged with adopting the Housing Element by citing meaningless legal Oxnard(Mill"RI) (103)4116-1wil ox"" (wait) (dos) A13.1011 conclusions which fail to address the issues we have raised. This is contrary to the Poe Robin (w3) 239-now Salmi (1)1) 957.5221 purpose. of public participation in the housing element adoption process. The HCD San•Lu4 Oh mpa (10S) 511.7997 s�,,,. darboea (105) %3-Ml Housing Element Questions and Answers are instructive in this regard: " [Q 1) : Why Sane On (53l) MSL-1019 SMU MW;• (NJ) 922-4%3 is public participation critical to [housing clement] updates? [A] housing issues Sams lk n (707) 510-994 1 Sraarba (30) 946-0605 affect the entire community - residents and employers, the public and private Walspevilk (131) 721-2233 sectors. The public participation requirement of housing element law presents an opportunity to engage constituents in a dialogue - defining problems and creating �lUC solutions ... The inclusion ofcommunity stakeholders in the housing element public 10/19/U4 TUE 15:27 FAX 760 398 1050 ALA COACHELLA Letter to Oscar Orci October 19, 2004 page 2 of 2 participation process helps ensure appropriate housing strategies are more efficiently and effectively developed, implemented and evaluated. An inadequate public participation process may lead to community conflict or in worse case scenarios, anti -development initiatives and'?MaYism." The responses evidence no attempt to engage in a constructive dialogue, instead they appear designed to frustrate it. We urge the members of the City Council to fulfill their public responsibilities and to fully review the comments which have been submitted by CRLA and the other agencies which also submitted written comments. We -do, however, wish to comment on the minutes from the Planning Commission hearing which were included in the City staffs recommendation to the City Council at pages 78 through 80. Firstly, our organization is California Rural Legal Assistance, Inc. (CRLA), not the Coachella Valley Rural Legal Assistance (CVRLA) as stated in paragraph 2, page 79 of the minutes. Secondly, at paragraph 4, page 80, in response to Chairman Kirk's comment that the continuancc granted on September 28' was "a waste of time," I do not believe that the minutes accurately reflect my response to his comment..1 believe that I told the Planning Commission that on September 28`h Y requested additional time because we had received the September 2004 revision of the draft housing element that same morning. I further stated that in the interim two week period, I had compared the rune 2004 draft with the September 2004 revised draft, which I had to do line -by-line, and had found only a few minor additions and deletions which did not address any of the issues which we had raised in our letters of May 101 and August ill. I further objected to having received the staff report, which consisted of 77 pages, one day before the October 12' hearing. Asa result, I had not had the opportunity to do an adequate review and provide written comment (on the staff report). I also noted that our last written comments had been sent to •the City on August 1 ld', and again on September 91, that I had been before the Planning Commission on September 28`' but the City had not provided us with their responses until the day before the Planning Commission meeting (of October 121) and did not understand why the materials could not have been provided sooner. I would also like to note that at the Planning Commission hearing of September 28"', the Commissioners had not been provided with any of the comments which the City had received or with the City's responses. I believe that the continuance of the hearing from September 28`" to October 12`' was as much for the convenience of the Planning Commission as it was for CRLA. Should you have any questions regarding this matter, please do not hesitate to call. Sincerely, A Rodri ez Attorney at Law enclosure as stated cc: Mario Angel, California Department of Housing and Community Development r