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2003 10 21 CC
!may 4 4a+4a 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 21, 2003 - 2:00 P.M. Beginning Resolution No. 2003-102 Ordinance No. 390 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 LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a); SOUTH OF AIRPORT NEIGHBORHOOD ASSOCIATION V. CITY OF LA QUINTA; COURT OF APPEALS CASE NO. E032772; RIVERSIDE COUNTY SUPERIOR COURT CASE NO. INC 028505. I City Council Agenda 1 October 21, 2003 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, TIM JONASSON, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT 46450 JEFFERSON STREET (APN 649-090-008). PROPERTY OWNER/NEGOTIATOR: SUE F. STEDING. 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 - NONE WRITTEN CQMMUNICATIONS 1. CORRESPONDENCE FROM THE RIVERSIDE COUNTY ADVISORY COUNCIL ON AGING. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF OCTOBER 7, 2003. 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 21, 2003. City Council Agenda 2 October 21, 2003 r) 0%, 2. TRANSMITTAL OF TREASURER'S REPORT DATED AUGUST 31, 2003. 3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT DATED AUGUST 31, 2003 AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2003. 4. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND AUTHORIZATION TO ADVERTISE FOR BID THE TRAFFIC SIGNAL ON ADAMS STREET AT WESTWARD HO DRIVE, PROJECT NO. 2002-06. 5. ADOPTION OF A RESOLUTION ACCEPTING A QUITCLAIM DEED FROM THE COACHELLA VALLEY WATER DISTRICT FOR PUBLIC ROADWAY PURPOSES ON ADAMS STREET AND ANCILLARY IMPROVEMENTS FOR LA QUINTA FIRE STATION NO. 93. 6. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A PARCEL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR FINAL PARCEL MAP NO. 31172 - LA QUINTA VALLEY PLAZA, KLEINE BUILDING AND DEVELOPMENT, INC. 7. ACCEPTANCE OF PROJECT NO. 2003-10, CITYWIDE RE -STRIPING PROGRAM. 8. APPROVAL OF A REQUEST FOR PROPOSALS FOR PROFESSIONAL ENGINEERING SERVICES FOR ON -CALL PLAN AND MAP CHECKING SERVICES. 9. ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA MAKING AND UPDATING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) RELATING TO THE DEVELOPMENT OF THE SILVERROCK RANCH PROJECT. 10. APPROVAL OF SUNLINE AGREEMENT FOR THE SALE OF SUNLINE BUS PASSES. 11. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 25389-2, LA QUINTA FAIRWAYS, RJT HOMES, LLC'. 12. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 25389-3, LA QUINTA FAIRWAYS, RJT HOMES. 13. APPROVAL OF CONTRACT CHANGE ORDER NO. 13 TO LUNDEEN PACIFIC CORPORATION TO MAINTAIN THE CIVIC CENTER CAMPUS LANDSCAPING. BUSINESS SgSSION 1. CONSIDERATION OF AN ORDINANCE OF THE CITY OF LA QUINTA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LA QUINTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA City Council Agenda 3 October 21, 2003 3 PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO CHANGE THE RETIREMENT FORMULA TO 2.5% AT AGE 55. A. MOTION TO TAKE UP ORDINANCE NO. AND WAIVE FURTHER READING. B. INTRODUCE BY TITLE AND NUMBER ONLY ORDINANCE NO. 2. CONSIDERATION OF SPONSORSHIP FOR THE PRESTIGE AT PGA WEST. A. MINUTE ORDER ACTION 3. CONSIDERATION OF PROVIDING STAFF WITH DIRECTION REGARDING SPECIFIC PLAN 97-029, STAMKO DEVELOPMENT. A. MINUTE ORDER ACTION 4. CONSIDERATION OF THE DECEMBER 25, 2003 AND JANUARY 1, 2004 HOLIDAY SCHEDULE. A. MINUTE ORDER ACTION 5. CONTINUED CONSIDERATION OF A REQUEST TO RECONSIDER ENVIRONMENTAL ASSESSMENT 2003-478, SPECIFIC PLAN 2003-065, TENTATIVE TRACT MAP 31379, AND SITE DEVELOPMENT PERMIT 2003-778. CENTEX DESTINATION PROPERTIES. A. MINUTE ORDER ACTION STUDY SESSION 1. DISCUSSION REGARDING CITY HALL EXPANSION. REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (PERKINS) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION COMMITTEE (OSBORNE) 5. COACHELLA VALLEY ECONOMIC PARTNERSHIP (CVEP) (ADOLPH) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 7. C.V. MOUNTAINS CONSERVANCY (SNIFF) 8. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (OSBORNE) City Council Agenda 4 October 21, 2003 9. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 10. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY HENDERSON) 11. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TYLER) 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. INVESTMENT ADVISORY BOARD MINUTES OF SEPTEMBER 10, 2003 17. PLANNING COMMISSION MINUTES FOR SEPTEMBER 9 AND 23, 2003 18. ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE MINUTES OF SEPTEMBER 3, 2003 19. HISTORIC PRESERVATION COMMISSION MINUTES OF AUGUST 29, 2003 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. REPORT ON SILVERROCK RANCH GOLF COURSE FEATURE PLAN 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT FOR SEPTEMBER 2003 5. COMMUNITY DEVELOPMENT DIRECTOR'S MONTHLY REPORT FOR SEPTEMBER 2003 6. COMMUNITY SERVICES DIRECTOR'S REPORT FOR SEPTEMBER 2003 7. FINANCE DIRECTOR'S REPORT - NONE 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT FOR SEPTEMBER 2003 9. POLICE CHIEF'S MONTHLY REPORT FOR SEPTEMBER 2003 10. FIRE CHIEF'S QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING PROPERTY LOCATED WEST OF THE CIVIC CENTER CAMPUS. (REQUESTED BY COUNCILMEMBER PERKINS.) 2. DISCUSSION REGARDING AMENDMENT TO HOLIDAY LIGHTING PROGRAM. (REQUESTED BY COUNCILMEMBER HENDERSON.) RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. City Council Agenda 5 October 21, 2003 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. PUBLIC HEARING TO CONSIDER SECOND READING OF ORDINANCE NO. 389 FOR DEVELOPMENT AGREEMENT 2003-007, CENTEX DESTINATION PROPERTIES FOR LANDAQ, INC. A. ADOPT ORDINANCE NO. 389 ON SECOND READING. ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on November 4, 2003 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 6 October 21, 2003 U 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 21, 2003, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Stater Bros. 78-630 Highway 1 1 1, on Friday, October 17, 2003. DATED: October 17, 2003 ( � "&. '1� JUNE S. GREEK, CMC, 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 7 October 21, 2003 ►fit Officers Mario Moran, Chair Betty Rogers, Vice -Chair Mary Alfonso, Secretary Members Barbara Affoka Mary Blankenship David Bray David Brostrom Michael E. Carbine M.D. -Dutch" Dettinger Erwin F. Fromm Lenwood Long Doris Morgan -Richards Valerie Murray Barbara Oliver Gloria I Sanchez William "Bill- Sturman Maureen Sullivan WRITTEN CORRESPONDENCE ITEM: %�lPi %'ZUVP.Ys.tIei CON.f'1t}/ UU "Uy / M� Aav w-,,cwy Cawwa 0-YVW*I* A frw Q4a&ol of Li�lcr���at� September 3, 2003 To Whom It May Concern: The Riverside County Advisory Council on Aging, in cooperation with Economic Development Agency and Riverside County Office on Aging, are hosting its 1 st Annual Affordable/Accessible Housing Conference on October 30 of this year at the Riverside Marriott, Riverside California. The Advisory Council on Aging is seeking conference sponsorships from community organization and businesses, to assist in creating awareness of the key issues in developing affordable and accessible housing. We are requesting your consideration as being an: Event Sponsor at $15,000.00 or Lunch Sponsor at $ 7,000.00 or Reception Sponsor at $ 5,000.00 or Workshop Room Sponsor at $ 3,000.00 or Scholarship Sponsor at $ 11,000.00 Enclosed is the drafted program for your information. The deadline for sponsorship confirmation is October 11 2003. Please contact Donna Pierce, Event Coordinator with the Office on Aging if you have any questions. We are looking forward to working with you. Sincerely, Mark Moran, Chair Advisory Council on Aging 62% Rivercrest Dr., Suite K, Riverside, CA 92507 (909) 697-4697 (800) 510-2020 (For Assistance) a AFFORDABLE/ACCESSIBLE HOUSING CONFERENCE "A CALL TO BUILD AFFORDABLE/ACCESSIBLE HOUSING" OCTOBER 30, 2003 8:30 a.m. — 6:00 p.m. Riverside Marriott 3400 Market Street Riverside, California 9250.1 54 So0 �;14 ce MO. t�ll '�e�e ?01 co¢tw at ce � 5 ae CO dyes or N Reservations are Required Please RSVP by October 15, 2003 For additional information or to make reservations, call: Riverside County Office on Aging Donna Pierce (909) 697-4697, Fax (909) 697- 4698 Email: dpierce@co.riverside.ca.us This event is hosted by: Riverside County Advisory Council on Aging, Riverside County Office on Aging, and Economic Development Agency. 1"Annual Affordable/Accessible Housing Conference Riverside Marriott 3400 Market Street Riverside, CA 92501 REGISTRATION (Please fill out a separate form for each person attending) Name Organization Address City Phone( Fax ( ) Email t s Conference Registration: w q The Conference, October 30, includes three keynote speakers, eight different workshops, continental breakfast, lunch and a reception on Thursday afternoon. Rates: Individual $ 50.00 Nonprofit / Govt. Organization $ 75.00 = $ _ For Profit Organization $ 100.00 = $ Limited Scholarships Available. Please contact Donna Pierce at (909) 697-4697 TOTAL PAYMENT ENCLOSED $ W1] Workshop Selection Indicate you or your Organizations/business interest In the following section: A. B. C. D. Afternoon Session: E. F. G. H. Special Needs Check your type of organization Developer Lender Service Provider Faith Based Tenant Advocacy Technical Assistance Property Management Other Government Local Wheelchair access Hearing/Vision Impaired (Circle Choice) Other Educational Public Housing Legal Economic Development Building Contractor General Contractor State Federal Complete this registration form and mail with a check or money order payable to: Riverside County Office on Aging (Sony, no credit cards) for the total amount. Mail to: Riverside County Office on Aging 6296 Rivercrest Drive, Suite K Riverside, CA 92507 Attn: Donna Pierce 11 Officers Mark Moran, Chair Betty Rogers, Vice -Chair Mary Alfonso, secretary Members Barbra Afibiter Mary Blankenship David Bray David Brostrom Michael E. Carbine M.D. "Dutch" Dettinger Erwin F. Fromm Lenwood Long Doris Morgan -Richards Valerie Murray Barbara Oliver Gloria I Sanchez William "Bill" Sturman Maureen Sullivan TIA& R iVers;.d& C ftm.ty � �r Qu:c� of L if�i�4cro� �ercerac�-corr� To: Prospective Exhibitor The Riverside County Advisory Council on Aging, in cooperation with Economic Development Agency, and Riverside County Office on Aging, is hosting its 1"' Annual Affordable/Accessible Housing Conference on October 30, 2003 at the Riverside Marriott, 3400 Market Street, Riverside, California. This Conference will draw individuals from Riverside, San Bernardino, and surrounding counties. Due to your organization/business reputation and your demonstrated interest in this topic, the Affordable/Accessible Housing Conference Steering Committee would like to extend this special invitation to your organization to participate as an exhibitor at this Conference. As an exhibitor your organization will be expected to: • Distribute business cards and brochures; • Be available for Conference attendees by 8:00 a. m. and until 4:30 p. m., on Thursday. All exhibitor tables will be provided and set up for your convenience, and are limited in number. Therefore, exhibitor tables will be assigned by the return date of the Riverside County Office on Aging Con ference of Exhibitor Participation for Affordable/Accessible Housing Conference Form, until all tables are assigned The Riverside County Office on Aging, Riverside County Advisory Council on Aging, and Economic Development Agency appreciates your interest and looks forward to your participation in this I' annual event. If you have any questions or concerns, please contact me at (909) 697-4697. Sincere Donna Pierce, Events Coordinator Planning and Community Services Division 6296 Rivercrest Dr., Suite K, Riverside, CA 92507 (909) 697-4697 (800) 510-2020 (For Assistance) RIVERSIDE COUNTY OFFICE ON AGING CONFIRMATION OF EXHIBITOR PARTICIPATION FOR 1 S` ANNUAL AFFORABLE/ACCESSIBLE HOUSING CONFERENCE Date: October 30, 2003 Time: 8:00 a.m. — 4:30 p.m. Location: Riverside Marriot, Riverside, CA YES, WE WILL PARTICIPATE Thursday, October 30, 2003 at the Riverside Marriot. Sorry, we will not be able to participate this year. Company Name: Contact: Address: City: Telephone: Email: Fax: Zip: Registration fee must be paid by October 15, 2003 to secure a space as an exhibitor. ------------------------------------------------------------------------------------------------------------ Type of Organization: For Profit ($150.00) Non -Profit ($75.00) Type of Organization/Business and the services you provide Please identify the exhibit information you will be providing at the event (please check all that apply): Informational literature Promotional items Consultation Sample of products Other ( ) 1,3 No items can be shipped to the facility prior to the event. We understand that no sales are allowed at this event. We will only provide information and assistance as a community service. A check is enclosed for the total amount of $ Signature of Representative Date MAIL form, along with payment made payable to: Riverside County Office on Aging Attention: Donna Pierce, Events Coordinator (909) 697-4697 Fax (909) 697-4698 6296 Rivercrest Drive #K Riverside, CA 92507-0738 14 000 4 44" �a Q•� � 5 5 G� OF .�� AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: OCTOBER 21, 2003 ITEM TITLE: Demand Register Dated October 21, 2003 RECOMMENDATION; Approve Demand Register Dated October 21, 2003 BACKGROUND: Prepaid Warrants: 55701 - 55715} 196,879.13 55716 - 55746) 104,969.35 55747 - 55750) 5,757.28 Wire Transfers} 11%430.98 P/R 31280 - 313651 12%489.84 P/R Tax Transfers} 34,285.73 Payable Warrants: 55751 - 558951 626,673.90 $1,217,486.21 FISCAL IMPLICATIONS: Demand of Cash - City $1,1711456.57 Demand of Cash -RDA $46,029.64 Falconer, Pinanke Director BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING iJ CITY OF LA QUINTA BANK TRANSACTIONS 10/01/03-10/15/03 10/10/03 WIRE TRANSFER - ICMA $8,861.31 10/10/03 WIRE TRANSFER - CREDIT UNION $5,967.00 10/01/03 WIRE TRANSFER - PERS $310.97 10/10/03 WIRE TRANSFER- PERS $13,897.36 10/10/03 WIRE TRANSFER - PERS MEDICAL INSURANCE $44,626.78 10/13/03 WIRE TRANSFER - LAND PURCHASE $45,767.56 TOTAL WIRE TRANSFERS OUT $119,430.98 16 2 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:49AM 10/15/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 55751 10/15/03 &02092 BLUE HAVEN POOLS 172.80 55752 10/15/03 &02093 MARILYN MILLER 70.00 55753 10/15/03 &02094 JAMES BOOTH 40.00 55754 10/15/03 &02095 KRISSI BRADFORD 142.00 55755 10/15/03 &02096 CARLOS R CEJA 20.00 55756 10/15/03 &02097 CORTEZ & ASSOC 18.00 55757 10/15/03 &02098 DAVID HERNANDEZ 295.00 55758 10/15/03 &02099 KOHL 61.00 55759 10/15/03 &02100 KATHLEEN LEHMAN 46.00 55760 10/15/03 &02101 TRACI MC CALLA 71.00 55761 10/15/03 &02102 IRENE MAGALLANO 46.00 55762 10/15/03 &02103 ERIN MONCRIET 46.00 55763 10/15/03 &02104 YENI ONTIVEROS 65.00 55764 10/15/03 &02105 MONICA ROSE 46.00 55765 10/15/03 &02106 JULIE SCHEEFER 25.00 55766 10/15/08 &02107 DIANA SILVAS 50.00 55767 10/15/03 &02108 CHRISTINA TOSTADO 65.00 55768 10/15/03 &02109 SHARON WELCH 61.00 55769 10/15/03 AlRO01 A-1 RENTS 78.40 55770 10/15/03 ACE010 ACE HARDWARE 842.76 55771 10/15/03 ADT100 ADT SECURITY SVC INC 564.08 55772 10/15/03 AME001 AMERICAN INDUSTRIAL SUP 355.00 55773 10/15/03 AME175 AMERICAN FORENSIC NURSES 247.20 55774 10/15/03 AME200 AMERIPRIDE UNIFORM SVCS 57.32 55775 10/15/03 ARC100 ARCH 1050.70 55776 10/15/03 ATC010 ATCO INTERNATIONAL 262.40 55777 10/15/03 AUT030 AUTOMATED TELECOM 77.00 55778 10/15/03 BAN015 DAVE BANG ASSOCIATES INC 6266.83 55779 10/15/03 BER150 BERRYMAN & HENIGAR INC 975.00 55780 10/15/03 BES150 BEST SIGNS INC 159.47 55781 10/15/03 CAD010 CADET UNIFORM SUPPLY 253.05 55782 10/15/03 CAL080 CA SOC MUNCIPAL FINANCE 100.00 55783 10/15/03 CAL140 CAL CONTRACTORS SUPPLIES 631.05 55784 10/15/03 CAL227 CALED 18.00 55785 10/15/03 CAL240 CALIFORNIA POOLS & SPAS 107.00 55786 10/15/03 CAL247 CALIFORNIA REBUILD 450.00 55787 10/15/03 CAL275 CAL -WESTERN FOODSERVICE 377.13 55788 10/15/03 CIT025 CITICORP VENDOR FINANCE 148.75 55789 10/15/03 CLE100 CLEAN STREET 6554.40 55790 10/15/03 COM015 COMPUTER U LEARNING CENTR 1343.75 55791 10/15/03 COM020 COMPUTER PROTECTION TECH 2O00.00 55792 10/15/03 COR150 CORPORATE EXPRESS 125.80 55793 10/15/03 DEP150 DEPARTMENT OF JUSTICE 770.00 55794 10/15/03 DES010 DESERT BUSINESS MACHINES 38.75 55795 10/15/03 DES018 DESERT ELECTRIC SUPPLY 1925.75 55796 10/15/03 DES060 DESERT SUN PUBLISHING CO 75.60 55797 10/15/03 DES065 DESERT TEMPS INC 3332.25 17 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:49AM 10/15/03 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 55798 10/15/03 DKS100 DKS CONTRACTING & ENG 100797.12 55799 10/15/03 DOU200 LES DOUGLAS 195.30 55800 10/15/03 DRU100 DRUMMOND AMERICAN CORP 441.94- 55801 10/15/03 DUN100 DUNCAN PRINTING 14.69 55802 10/15/03 DUN200 KATHY DUNHAM 473.20 55803 10/15/03 ELI050 EL INFORMADOR 180.00 55804 10/15/03 ELM100 ELMS EQUIPMENT RENTAL INC 803.17 55805 10/15/03 END051 ENDICOTT ENTERPRISES 311.29 55806 10/15/03 EQUO10 DALE EQUITZ 50.00 55807 10/15/03 EVA050 DAVID EVANS & ASSOC INC 15663.50 55808 10/15/03 EXP200 EXPRESS DETAIL 860.00 55809 10/15/03 FIR015 FIRST AMERICAN REAL 151.49 55810 10/15/03 FRA030 FRANKLIN COVEY 8.58 55811 10/15/03 GAR005 GARNER IMPLEMENT CO 149.13 55812 10/15/03 GAT020 GATEWAY COMPANIES INC 8863.53 55813 10/15/03 GMA100 GMA 39895.00 55814 10/15/03 GOV102 GOVERNMENT FINANCE 125.38 55815 .10/15/03 GOV175 GOVERNMENT SOFTWARE SYS 200.00 55816 10/15/03 GUM050 BRAD GUMMER 595.00 55817 10/15/03 HEN100 HENRY'S GLASS CO 128.15 55818 10/15/03 HIM100 DAVID L HIMMLER 273.00 55819 10/15/03 HOA010 HUGH HOARD INC 151.00 55820 10/15/03 HOM010 HOMEBASE 1156.15 55821 10/15/03 HOM030 HOME DEPOT 695.25 55822 10/15/03 H00050 FAYE HOOPER 120.00 55823 10/15/03 IND200 CITY OF INDIAN WELLS 45.00 55824 10/15/03 JAC150 STEVEN JACOBS 273.00 55825 10/15/03 JAS100 JAS PACIFIC INC 15022.88 55826 10/15/03 JPRO10 JP REPROGRAPHICS 71.87 55827 10/15/03' KIN100 KINER/GOODSELL ADVERTISNG 12027.79 55828 10/15/03 KRI100 BRUCE KRIBBS CONSTRUCTION 8440.00 55829 10/15/03 LAN010 MARTIN LANGER 6000.00 55830 10/15/03 LAN220 LANDMARK GEO-ENGINEERS & 894.00 55831 10/15/03 LAQ040 LA QUINTA CHAMBER COMMERC 21000.00 55832 10/15/03 LIC1.00 BETH LICHMAN 528.00 55833 10/15/03 L00010 LOCK SHOP INC 264.45 55834 10/15/03 LOW100 LOWE'S COMPANIES INC 32.30 55835 10/15/03 LUN050 LUNDEEN PACIFIC CORP 47112.02 55836 10/15/03 MAG125 MAGNET STREET 747.00 55837 10/15/03 MAR045 SALLY MARSHALL 363.00 55838 10/15/03 MDS100 MDS CONSULTING 6110.00 55839 10/15/03 MEE100 WAYNE MEEDS 120.00 55840 10/15/03 MIR015 MIRACLE PLAYGROUND SALES 2101.50 55841 10/15/03 MOB200 MOBILE SATELLITE VENTURES 219.74 55842 10/15/03 MON350 MONTICELLO LLC 91697.00 55843 10/15/03 M00095 MOORE MAINTENANCE & 5066.00 55844 10/15/03 MSC100 M-S CASH DRAWER CORP 1730.02 55845 10/15/03 MUN010 MUNI FINANCIAL SERV INC 7387.35 55846 10/15/03 NEX010 NEXTEL COMMUNICATIONS 2998.70 13 4 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:49AM 10/15/03 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 55847 10/15/03 NIC101 NICKERSON & ASSOC INC 3777.50 55848 10/15/03 OFF005 OFFICE DEPOT INC 103.74 55849 10/15/03 OVE050 OVERLAND PACIFIC & CUTLER 11410.00 55850 10/15/03 PAL00.3 PALM DESERT CHAMBER OF 650.00 55851 10/15/03 PAR030 PARKHOUSE TIRE INC 83.37 55852 10/15/03 PIT100 NOEL PITTMAN 476.00 55853 10/15/03 PRIO16 PRIME -STRIPE INC 238.70 55854 10/15/03 PRI020 THE PRINTING PLACE 3209.70 55855 10/15/03 PRI100 PRINTWORKS 7704.13 55856 10/15/03 QUA300 QUARRY RANCH LLC 280.00 55857 10/15/03 RAL050 RALPHS GROCERY CO 63.27 55858 10/15/03 RAS035 CHARLOTTE RASHMI-GRAFF 1074.50 55859 10/15/03 RBF100 RBF CONSULTING 1397.30 55860 10/15/03 ROS200 GWENDOLYN ROSE 462.00 55861 10/15/03 SAF060 SAFETY 21 FOR SUPERVISORS 287.04 55862 10/15/03 SCI100 LOUISE SCIUTTO 60.00 55863 10/15/03 SEL020 SELECT FIRST AID 151.21 55864 10/15/03 SMA010 SMART & FINAL 577.29 55865 10/15/03 SMI150 MALCOLM SMITH MOTORSPORTS 1374.40 55866 10/15/03 SOU007 SOUTHWEST NETWORKS, INC 942.50 55867 10/15/03 SOU008 SOUTHWEST MOBILE STORAGE 215.50 55868 10/15/03 SOU009 SOUTWEST AQUATICS INC 368.00 55869 10/15/03 SOU011 SOUTH WEST PUMP/DRILLING 345.88 55870 10/15/03 SOU100 SOUTHLAND GEOTECHNICL INC 968.00 55871 10/15/03 SOU400 SOUTHERN CALIF WATER COMM 750.00 55872 10/15/03 STA045 STAN'S AUTO TECH 963.93 55873 10/15/03 STA049 STAPLES BUSINESS ADVANTGE 1784.64 55874 1G/15/03 STUO10 WILLIAM STUBBLEFIELD 577.50 55875 10/15/03 SUD100 SUDHAKAR CO INTERNATIONAL 52021.38 55876 10/15/03 SUN075, SUNLINE TRANSIT AGENCY 497.00 55877 10/15/03 TAG100 TAG/AMS INC 50.00 55878 10/15/03 TLM100 TLMA ADMINISTRATION 17118.00 55879 10/15/03 TOP010 TOPS'N BARRICADES INC 870.19 55880 10/15/03 TRA007 TRAFFEX ENGINEERS INC 6539.08 55881 10/15/03 TRIO10 TRI LAKE CONSULTANTS INC 40306.50 55882 10/15/03 TRI100 TRI STATE LAND SURVEYORS. 2200.00 5.5883 10/15/03 TRU010 TRULY NOLEN INC 418.00 55884 10/15/03 UND010 UNDERGROUND SERVICE ALERT 77.00 55885 10/15/03 USA200 USA SUPPLY INC 756.98 55886 10/15/03 USB150 US BANK N A 11199.68 55887 10/15/03 VCA100 VCA CODE GROUP 7023.87 55888 10/15/03 WAL010 WAL MART COMMUNITY 102.00 55889 10/15/03 WAT055 WATSON PUBLICATIONS & 3400.00 55890 10/15/03 WIL015 DEBBIE WILLIAMS 383.00 55891 10/15/03 WIR100 WIRELESS WEST 140.00 55892 10/15/03 W00100 DEBBIE WOODRUFF 259.00 55893 10/15/03 XER010 XEROX CORPORATION 4062.37 55894 10/15/03 YOU100 YOUNG ENGINEERING SERVICE 5425.00 558,95 10/15/03 ZUR050 ZUMAR INDUSTRIES INC 448.02 CHECK TOTAL 626,673.90 19 5 z r-4 N M V' .-/ N M c• N lO r OD Ol 90 H z 0 LO � � x O U l0 M M M M M M M M M r� w E o O O O r•-i H H . -4 H .-4 .--I r-4 r-1 Q' H H H H H H T-1 r-I r-1 H r'-1 E H E E E H E H EH EA E E E ri 0 0 0 Co O o 0 0 o O O o O O H N O to o O O O O O O O O Co H W ZZ. 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D 0 4 44 (n H H Q E E E H fn (n a I z z Q FC a 0 0 0 a a s w W A a w a w z >4 U U m a s 3 3 0 w H a is a Q a s z Q H H 0 1-4 z 0 0 0 O as as W E-+ F F a 3 3 m W 3 Z:) �� x o a s z W w w w w >, y, a U as w w w W a a a w U)) co a 0 Q Q Q A a a a F co m a s m A a a a z cn w (n U < rt; < 4 W w H 'y F H F a a s a > 3 3 3 A A A to H w w L) z O 9 0 0 0 0 0 0 o O o 0 o LO LO in 0 0 0 .-4 ri r•i r-i O o in O r-i r-I ri in r-I r-I Cl O O 0 >r 0 0 0 O N N ri ri O Co Cl O O O r-i r•i • 1 U E+ o h o A 44 co 4 a s �l F 44 a s O U H a a a z M (n cn U 3 FC U H H F A D 9 3 3 3 3 3 3 3 3 21 N M V (n O O0 00 OD 00 H z M O � � x O U t0 tD 110 tD i CD o 0 CD � H H H H Haco Ln (- O O N O E+ r+ z H w z 0D A N m N >>1 O W l0 -W C a• H N LO a O l- O N O M O O (n l0 N C N O cr cN cM LO Cl) O 0 z z 0 0 0 w H H H H H x H H 044 W H C 04 a a O a U z U z W W z z a z H W Wj W > a W> a > A U U) U U W r" U W to Ln H A a to to O W N N M z z E M rn ��-+ N H A H A (r r- 1 O H z m ON M 0, A O O 0 u') H x a z x w an a o o w H W O O v M (� W w to 00 z O O O O t0 l0 l0 t� H 'z, M M C M J N U') LO LO O M cy U Rf. O O O O W U H a W U cq z M H o z z 0 O o z cn LO H H E' a G4 W EaH o O z C/) W a H p U U (� H a x x c� a OA w w o w z x x N H 54 w O > 0 0 00 0 z LO 0 >4 0 Cl -4 Cl W D (Uj H W O �C U x x yH N 22 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:40AM 10/13/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 55747 10/13/03 CAM100 CHARLENE CAMPBELL 200.00 55748 10/13/03 CIT025 CITICORP VENDOR FINANCE 508.80 55749 10/13/03 JIM100 JESSE JIMENEZ 48.48 55750 10/13/03 RIV045 RIVERSIDE CNTY ECONOMIC 5000.00 CHECK TOTAL 5,757.28 23 E-4 z M O M 0 µ W W W W p0 E� E4 E-H Ey 0% N O O OD O O E4 p co V' O z E4 W z O aD CD O a p o IV p �+ O N uO O L a O O 00 o O OD qw p O OD W OD H O O O O N `" v a � w O o a o a a Q Q H w W F FC H n04 EO-4 a w so a °v g g a z 0 > H a U U) W" W E W W A W 0 H ►-� a U a a w w U W M H Q a p O W r > I > W r-1 z z O H Q H � 2 Q N HY. a ao w w a 1 0 o w E-+ a O ar O O W p O O O (� p l0 O O r 1 a% M [— z N O O M N 1� E4 z O (n N M p U') L O O U U H H H H O Cl O O• e-1 H r-1 r-1 W U U H 4 O M H O O r 7 44 U o ►4 w u w a z w z WEE-H U £ W a a h H >4 Ol > a o H lI� z U U h a z 0 > p u� O Ln t:) p N O C U H E-1 E > Q U C-) U h a O N 1` 1` Ln H 0 E+ E-4 z E Q a 24 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:43AM 10/09/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 55716 10/09/03 ACT100 ACT GIS INC 9951.25 55717 10/09/03 AMB100 ROBERT AMBRIZ 181.91 55718 10/09/03 ATT075 AT&T WIRELESS 222.65 55719 10/09/03 CAL040 CALIFORNIA VISION SERVICE 1098.26 55720 10/09/03 CAL167 CALPERS LONG-TERM CARE 85.39 55721 10/09/03 CAN050 CANADA LIFE ASSURANCE CO 599.28 55722 10/09/03 COA080 COACHELLA VALLEY WATER 2963.36 55723 10/09/03 DEP008 DEPT OF CONSERVATION 10450.67 55724 10/09/03 ELRO10 EL RANCHITO 282.82 55725 10/09/03 GAL075 JOSE GALARZA 150.00 55726 10/09/03 IMPO10 IMPERIAL IRRIGATION DIST 12387.24 55727 10/09/03 JON130 MARCIA JONASSON 516.00 55728 10/09/03 LAN010 MARTIN LANGER 6000.00 55729 10/09/03 LAQ050 LA QUINTA CITY EMPLOYEES 582.79 55730 10/09/03 LOP200 JUAN PABLO LOPEZ 90.00 55731 10/09/03 MEN040 RUBEN M MENDOZA 120.00 55732 10/09/03 NUN100 ANICETO NUNEZ 120.00 55733 10/09/03 POW300 POWER PERSONNEL INC 1123.20 55734 10/09/03 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 55735 10/09/03 SAL155 SANTOS SALAS 30.00 55736 10/09/03 SOU010 SOUTHERN CALIF GAS CO 51.78 55737 10/09/03 SPRO10 SPRINT 805.99 55738 10/09/03 STA010 STAMKO DEVELOPMENT 47409.12 55739 10/09/03 STA044 DARREN STANLEY 62.50 55740 10/09/03 STUO10 WILLIAM STUBBLEFIELD 294.00 55741 10/09/03 UNIO05 UNITED WAY OF THE DESERT 182.00 55742 10/09/03 UNU050 UNUM LIFE INS 2748.24 55743 10/09/03 USD050 US DEPT OF EDUCATION 170.83 55744 10/09/03 VEH100 VEHICLE REGISTRATION 200.00 55745 10/09/03 VER200 VERIZON 5620.57 55746 10/09/03 WEI050 MARK WEISS 43.00 CHECK TOTAL 104,969.35 25 T-4 N M M LO sT r-I N U) tD 1- OD rn O H ri r♦ N ri M H O z 0 \ ON o ri W ch U H < C7 W C7 w 0 x W C7 W c9 w m rn rn rn rn rn al rn 0, c9 w C7 w C7 w C7 w C7 E w 0 E w C9 E W QG4 cQ H H H H E-H E 4 H E-H H H H H H H H rn N ri H U) N O O .-I Ol LO '-1 O 1n kD N 01 fM 00 N 00 0) l0 LO N OD r-I r- d' O N OD O o r-I z W >1 H z 'a 0 M (n ri kD co O N N 00 01 O OD 0) Ol U) O N N ri 01 sT O N N O O O O U7 N N OD O U) a N H � U) (14 H 0) U) %D lD N a% M OD N M tD N OD ri to ri OD N N O 0) O fn V; 01 00 W 01 01 to M lD 0) O U') Im N OD N ra a N O > > U 0 w U w U a 4 0 x z 04 x a 0 v) w z z cn w a z 4 z 0 U a 4 0 a 04 `1 0 w U a Q 0 a 4 0 a 4 0 a W z s a 0 a H H W U H H H V) a E+ cn H U z H w 111 E, a Cl) E+ z • H N O H U U H U V] W H H a H 64 k+ H O > a H a H cn w H cn w a O a =) a \ 0c O a to W W cn a v) O W a H a O z a ,- a U) O -,1 a to z H a O a > cn > (1) > a 0) 8 W W w W W w 0c O a a H a O a Z H U cn W FC to 4 cn z w > co z H z w > a W z a z W w a > O z H w v) > in z w 1x > W w z w > 0c w H a w E 4 x z w w H > n4 H w H z w > U z U' z w > W U U m a H H W H H H > \ a H a Q S 4 3 3 x v) �.' cn O U O cn H O O Ri W O M N M 1.0 r- N N sr -W a N > z H 1 a > z F-1 I M O 1 M O d' U) fM 1W N O 01 V-1 O 1 cn W O H d' O d' O 00 N Q H H lYa z O N O N N M N r-1 r-I O 1 Ln OD >. V' I a r-1 r l a w w 1 w a O O H w pC, W W 01 0 OD 01 0 W O 0 O O W w O lD tD O O O O O O O O O N M %D N M t0 Ln w lD O 0 O N r� M O O O 01 OD L7 z 01 O kD Ol O M O LO M W U7 M l0 U) K) N OD M N M N M t0 .-1 M l0 7-4 M tD ri C' N 01 M C M %D a% O tD H z �:> O N O U) N O to N O N M U) rI M to r-I O O O O O O O O O d' Ul) V' •d' to C C' U) qw O O O O O O ri Co ri fM U) N U U Rt: N O 1n N O Ln ri O r♦ '-1 O ri r-1 O V-I e-i O ri ra O e-1 .-i O ri ri O e 4 .--I O r♦ .-i O ri ri O rl ri O ri r♦ O r-1 .-/ O ri W U H O U a a Uri w V w 3 w 3 w 3 O O M 0 O W >4 a >4 a >4 a FC a 4 s a F-1 U) U) n > H 1 (D U) a RC a a W U) w U) FC 1 a r.0 z U z H U z H o4 oo . W a a W s s 4 Hz z O a W 54 a >>> 1 1 1 z 0 z 0 O P+ x N rz a >4 H x 01 v) H v) H U E4 a H 3 H 3 a O w U) x w r>+ a r-7 w x a w x s W x 44 O W O c.) C7 4 w cx O H H W m H 0 E+ 0 H a w a U U 4 U ut: H w E i w w to U) z a a s U o U Q A w z D 0 > o 0 O O o 0 1r r- O r- W 0 Ln 0 O 0 O o OD OD o OD 0 o r I M r O U a >4 HU U ri 1-1 U -4 0 EH-4 < 0 EA E-4 FC o 1.4z FC V r♦ FC U Cl �C U 0 O U 0 O U Co O U 0 W a 0 W s 0 a W 0 < C7 26 14 N M V' 0 w I- OD O1 O 1-1 Ui 1'M lD N M w U7 tp C C V' V` V' C v in to '-I r 1 e-1 N N N N H z M 0 rn 1-1 o N U 0 0 U' 0 CD 0 (D 0 0 U' U' 0) C7 rn U U' C7 U' a-1 W E+ z F. E$ E x m x x E E ON E m E E E C7 FC W W W W W W W W W W W m W ON W W W W a to E H H H HE-0 H H H H H E+ H H HP E-H H o► N Ln 01 O 01 O d' O) lD O OD lD O O 01 O O O O 1. H O w O% w ON m VW .--1 01 .-1 OD O O h O O O N H z H H 01 U') an N C ao O 4 r� Ol lD O N O O O M x a M C C- ON M N O M %D a% r- e-i O OD M N N N >-, O M I` N M w an ao .-I N an O an ' 1 .--I . I 4 � C H N ri lD r-I a � O a• 0 o O, O O 0 O N o O I- O O O O OD g '-I O A OD ON N N ,"� M z an o U) f-I CV 00 1 x w z a a a a a H H H 0 H z EE-H U U U U U U U U U U U Ea+ E-4 a E+ U E 4 U H U E 4 U O O > > > > > > > > > > > O 1 O O 1 O H O H O I-i O > H V] cn v] cn In W cn cn H H H E1 w E4 w EH w H to U H a a U U U U U U U U U U U QL 11 1% a: 41 QG O 04 O o4 O 04 EA O H O H H H H H H H H H H H O In O H O 0) O O O O u D; A -4 A 04 A z A c4 A z U z H H E-H H H H H H H H E 4 z A z W z A z W z W z W z (l�� H fA W U U U U U U U U U U U W W OW W U W U W Ow H w > w w w w w w w w w w w> a4 > z> x> U> U> C-)> z A a a a a a a a a a a a 1- o 11 O O O O 0 w w w w w w w w w w w a U a Cl) U) U w Gta H o x cn (n va w cn cn w cn cn cn cn O w a o 0 0 a a 0 a o 0 0 > 1 > 0 0 0 0 0 0 0 0 O O 0 H A I I H H �Hj H �Hj H (H �Hj (. 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(n U) U) Cl) Cl) U) U W H A H A H A H A H A H A H A H A H A H A H A W O z z z z z z z z z z z a L) M o 0 0 0 0 0 O o O o 0 a H O F-I H H H H H H H H H H 2: o ,n H FC H 4 H RC H 4 H 4 H 4 H Q H FC E+ 4 H 4 H 4 z W N w rC a as C7 C9 C7 0 0 C9 C9 C7 0 0 0 O >4 a N W H a H 0c H a4 H x H �a H a H a H a H a H a H C 4 Cl) D) i1C, W E4 H O a O A N W z z 1 a a a a a a a a4 x a a .0 U z z 0 H H H H H H H H H H H O O w 2 (x 0 H RC z E O a FC FC FC FC z H a E-H }a OI a a a x a a z 04 z a G4 H W o z W a I a w w w w w w W W W W W U H a 2 w U w a, a w a a a as a w a a a lz a on h-I z 3 O fn z H H H H H H H H H H H a 17 W FC a+ zO > O O O O O O O O O O O O O O O O O O A .-I H H H H H a" 1 '-i �4 H r-I M r 4 Uo O q' O O 0 0 0 0 0 0 0 0 0 0 0 H O O N O .-•I M a a a a as as a a a a a z z a a+ z z 3 z E z z z z z z o �C O w 0 0 N H H H H H H H W H H h a a a z a+ 27 r tD r- OD M 0 OD r-I rn 0 r-I ri N N N N M rf M ri to N N O E4 z M O M C) � x o U ON C7 C7 Ch C9 C7 rn U rn ON ON ON ,-+ W H rn E E E rn E m ON M rn c� 4 rn w w w w w m w O, rn O, M a co E-+ H E-E H E+ E+ E-4 H H E-• H H C1 N O O OD 1- N N O O O C7 O H H Un O (- OD r-4 r-1 tf) O O N co O z H W z t0 O rl 01 1p a1 N V' N OD O O fh u) -wt` O N .-I N 1� N O O O OD N O O O cp cn N to O C- m -4 Ln O O N OD (h A k0 O 1- In C l < N 4 N 0o W O U. 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NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 55701 10/02/03 &02091 MONIQUE GARCIA 100.00 55702 10/02/03 ATT075 AT&T WIRELESS 89.55 55703 10/02/03 EMP050 EMPLOYMENT DEVELOPMENT 2545.00 55704 10/02/03 FAL050 JOHN FALCONER 448.08 55705 10/02/03 ICC100 ICC 386.12 55706 10/02/03 IMPO10 IMPERIAL IRRIGATION DIST 262.08 55707 10/02/03 LAQ051 LA QUINTA CLIFF HOUSE 250.00 55708 10/02/03 LAQ450 LA QUINTA ROTARY CLUB 1000.00 55709 10/02/03 PER010 RONALD A PERKINS 53.70 55710 10/02/03 POW300 POWER PERSONNEL INC 1477.53 55711 10/02/03 SIM020 JAMES E SIMON CO 187124.78 55712 10/02/03 SOU010 SOUTHERN CALIF GAS CO 677.78 55713 10/02/03 VER200 VERIZON 28.51 55714 10/02/03 WAR025 WILLIAM WARE 2400.00 55715 10/02/03 WEI050 MARK WEISS 36.00 CHECK TOTAL 196,879.13 44 Uri O N M LO l0 r OD 0) O H H r-+ N H fn H IV H M 0 H z N W a H U E-+ E W H W H E W H £ W H £ W H W E-+ x W H X: W H 2: W H W E•+ W H E W H £ W H H H O H E+ z 14 2: H z O O O O O U) 01 OD O O U7 V' 00 CDH OD tT N OD OD O N l0 O O O LO O O O O N t0 lD N OD O r N 01 NOD N r OD 01 U) W M L� IV co r cr N >r W O H O O U) U) LO N O O V OD O M N H N OD O N O O O H O O O r l0 1.0 H lM U7 H r aD H O a, W O o H m OD U7 lr N OD cw a7' t0 co M N W N O LO N O 0 O O o O 1-4 M LO r r cn a FC cn w z a Q Cl) H a � w UU rJ4 a rC U as a 4 a O w :4o U z a 4 z H W w 0 a W H a Cra W H a [sr a U U U H 0 H W U z o H H x H o H O x a+ H o E+ H z W E-N 0 H E-+ 0 a+ E-F D a E-+ O H U > w H 0 H D a HE-4 o E-+ 0 H w W H 0 H > m > W > 0 H z W w > z a U gw z a oo z a C4 0 z W a a o W z Ua O P4 s z U aSwwSU H z z U IY4 z a 4 w 0 z 00 x W m a z tea' E-+ a 0 z x a Q cn H m w o w x W > W a: H 3 W > E W z W > > W > H H Cl) H x W > U w a w W > a w Q W > a+ a a W > H W a E H W s W > H z o U H z 0 U H z o U W > z H w W w H A 0 H 0 H a w D n r l0 M LO N CD %D CV - a% OD r \0 H Q H x a z r N M 0) O LO to to -W On M as w m a o o w H x W r to o w l0 0 O O 0 O O LO H OD o O O o O O r U7 %0 o O O o O O qr M to a• M U7 qw M U7 M U') U) z H M lw LO M W r W Ln r M w (") O r N 01 W r M M l0 U) l'M W U) M W U) O Ln U) O Lo to O Ln 01 O �o z D O U O O O rn U7 H O H U) H N U7 CV) N O 0) H Lf) H H U) N M U) H M to H N U) V M u7 V' H O N lw 0) t0 U a H o H H 0 H H 0 H H 0 H H o H U7 O C H o H H O H H O H H O H H o H H 0 H H o H H O C M H z a EE+ W H ca 0 w 0 m L) z z z LO a Q H U cn w w > w In a w z � U H a a w w" H a U a H o a z x x w z H x x w a w z z o a w z z 0 a w z z 0 o z 0 2: W H a z 47 w a w aG H E 4 z W 2: O U a 4 H a 4 E-H z H z GL 1:4 04 F4 cn a W a cq s w a U) a W a H cn w Q a a4 H w O4 w z H ua � 4 a w z x ° U w a Oa a ; z as z w 3 wwwz w 3 w 3 w z 0 D 0 }4 U H U H > Ol O N o LOo r O H H Ln O a x U) O a Q O H U U H O a+ U7 Cl a o Ln cM a 0 H O a W o H O s W OOo O M 3 0 O M 3 0 O M 3 0 o t� N O z H FC U a a a4 a4 a a a cq 31 z Ln w rr o0 0 E-H z M O N \ O N x C7 4 W W W W a CQ E-H H H H co o O O E+ r o 0 H W z r O O 1D OVA M '+ O toN Fy' iy N ao ao o 0 r- uO O O 4 t� Co o �o N O M ri �D cr (� N O r-I FC � FC FC C9 FC O O O E W H H H g a a) o a o ff o o `" z a z H ai w 94 z w w cxi o > V) > a > P ' a ' m w w U W Ln H A a %D O W uO Un rn o z z E H A H '`7 tD ri H z N I� H x a at w co a o O w H a o o o W O O Ln o a1 O O �c o aON U') o to z N fh r4 O W lC w kD H z 0 M N Q U U r♦ �-+ r♦ r I Q O o Cl O O U M U) O f� O U' Ln a w Q' H a p�wCC N 3 }i QI x tea, a o 0 a a v) z vOi > 3 zO > O O �n o A ri O N U-1 Q U U) > 3 3 32 A/P - AP6002 CHECKS TO BE VOIDED 10:46AM 10/13/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 55744 DEF 10/09/03 200.00 VEH100 VEHICLE REGISTRATION P/R Distr.-GRNSH-VHCL RGST C TOTAL VOIDED 200.00 47 33 A/P - AP6002 CHECKS TO BE VOIDED 10:44AM 10/13/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 55656 DEF 09/17/03 5000.00 RIV045 RIVERSIDE CNTY ECONOMIC RIV CNTY FAIR SPONSORSHIP TOTAL VOIDED 5,000.00 ti 8 kv, A/P - AP6002 CHECKS TO BE VOIDED CITY OF LA QUINTA BANK ID: DEF CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 55677 DEF 09/02/03 16000.00 STA040 STANDARD & POOR'S TOTAL VOIDED 16,000.00 4:54PM 10/01/03 PAGE 1 INVOICE DESCRIPTION BOND ISSUANCE COSTS 35 A/P - AP6002 CHECKS TO BE VOIDED 4:52PM 10/01/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE NUMBER ID DATE 55662 DEF 09/29/03 TOTAL VOIDED VENDOR VENDOR AMT. PAID NUMBER NAME 25.56 ROW100 JAMES ROWE 25.56 INVOICE DESCRIPTION MILEAGE 36 A/P - AP6002 CHECKS TO BE VOIDED 4:48PM 10/01/03 CITY OF LA QUINTA BANK ID: DEF PAQE 1 CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 53990 DEF 05/13/03 35.00 PIT100 NOEL PITTMAN INSTRUCTOR TOTAL VOIDED 35.00 37 ern ---*-- a E, 4 4P Q,'iKrA,,4, of4 COUNCIL/RDA MEETING DATE: October 21, 2003 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: CONSENT CALENDAR: 0-1 Transmittal of Treasurer's Report as of August 31, 2003 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: Transmittal of Treasurer's Report dated August 31, 2003 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, n M. Falconer) Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Treasurer's Report, City of La Quinta K ATTACHMENT 1 MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for August 31, 2003 DATE: October 1, 2003 Attached is the Treasurer's Report for the month ending August 31, 2003. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other Endina. Change Cash ($204,843) (1) ($75,849) ($280,692) ($75,849) LAIF $24,654,884 (7,900,000) 16,754,884 (7,900,000) US Treasuries (2) $57,039,588 23,315 57,062,903 23,315 US Gov't Agencies (2) $27,364,415 25,760 27,390,175 25,760 Commercial Paper (2) $0 0 0 Mutual Funds $1,016,899 6,388,549 1 7,405,448' 6,388,549 Total $109 870 943 $6 388 549 $7 975 849 S49 075 $108 332 718 $1,538 225 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. 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DEPOSITS 998.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 998.21 DEPOSITS TOTAL 235,250.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 235,250.21 GENERAL FIXED ASSETS 0.00 0.00 0.00 0.00 52,094,308.00 0.00 0.00 0.00 52,094,306.00 ACCUMULATED DEPRECIATION 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 LIT DEBT 0.00 0.00 1,625,259.96 0.00 0.00 158,460,254.00 0.00 7,190,000.00 167,275,513.96 TOTAL OTHER ASSETS 0.00 0.00 1,625,259.96 0.00 52,094.306.00 158,460,254.00 0.00 7,190,000.00 219,369,819.96 TOTAL ASSETS 70,610,098.68 306,249,652.60 1,625,259.96 80,871,140.18 52,094,308.00 158,460,254.00 528.63 7,190,000.00 877,101,240.05 LIABILITIES: ACCOUNTS PAYABLE 14,329.44 0.00 0.00 0.00 0.00 0.00 0.00 0.00 14,329.44 DUE TO OTHER AGENCIES 10,201.31 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10,201.31 DUE TO OTHER FUNDS 0.00 0.00 0.00 2,918,614.80 0.00 0.00 0.00 0.00 2,918,614.80 INTEREST ADVANCE -DUE TO CITY 4,922,355.79 0.00 0.00 18,357,163.00 0.00 0.00 0.00 0.00 23,279.518.79 ACCRUED EXPENSES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 INTEREST PAYABLE 0.00 0.00 0.00 0.00 0.00 PAYROLL LIABILITIES 88,894.54 0.00 0.00 0.00 0.00 0.00 0.00 0.00 88,894.54 STRONG MOTION INSTRUMENTS 6,431.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,431.50 FRINGE TOED LIZARD FEES 105,828.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 105,828.00 SUSPENSE 45.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00 45.30 DUE TO THE CITY OF LA QUINTA 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAYABLES TOTAL 5.148,085.88 0.00 0.00 21,275,777.80 0.00 0.00 0.00 0.00 26,423,863.68 ENGINEERING TRUST DEPOSITS 1,400.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,400.00 SO. COAST AIR QUALITY DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LQRP DEPOSITS 0.00 0.00 0.00 19,009.00 0.00 0.00 0.00 0.00 19,009.00 DEVELOPER DEPOSITS 1,302,106.57 0.00 0.00 2,835.00 0.00 0.00 0.00 0.00 1,304,941.57 MISC. DEPOSITS 439,609.82 0.00 0.00 25,000.00 0.00 0.00 0.00 0.00 46409.82 AGENCY FUND DEPOSITS 1,201 11515 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1201,115.15 TOTAL DEPOSITS 2,944,231.54 0.00 0.00 46,844.00 0.00 0.00 0.00 0.00 2,991.075.54 DEFERRED REVENUE 2,496,080.55 0.00 0.00 10,495.978.56 0.00 0.00 0.00 0.00 12,992,059.11 OTHER LIABILITIES TOTAL 2,496,080.55 0.00 0.00 10,495.978.56 0.00 0.00 0.00 0.00 12,992.059.11 COMPENSATED ABSENCES PAYABLE 0.00 0.00 462,260.37 0.00 0.00 0.00 0.00 0.00 462,260.37 DEVELOPER AGREEMENT 0.00 0.00 684,688.59 0.00 0.00 0.00 0.00 0.00 684,688.59 DUE TO THE CITY OF LA QUINTA 0.00 0.00 478,311.00 0.00 0.00 0.00 0.00 0.00 478.311.00 DUE TO COUNTY OF RIVERSIDE 0.00 0.00 0.00 0.00 0.00 2,150,000.00 0.00 0.00 2,150,000.00 DUE TO C.V. UNIFIED SCHOOL DIST. 0.00 0.00 0.00 0.00 0.00 7,365,254.00 0.00 0.00 7,365.254.00 DUE TO DESERT SANDS SCHOOL DIST. 0.00 0 00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 148,945,000.00 0.00 0.00 0.00 7,190,000.00 0.00 156,135,000.00 BONDS PAYABLE TOTAL LONG TERM DEBT 0.00 0.00 1,625,259.96 0.00 0.00 158,460,254.00 0.0 ) 7,190,000.00 167,275,513.96 TOTAL LIABILITIES 10,588,397.97 0.00 1,625.259.96 31,818,600.36 0.00 158,460,254.00 0.00 7,190.000.00 209,682.512.29 EQUITY -FUND BALANCE 60,021.700.71 306249.652.60 0.00 49,052,539.82 52,094,306.00 0.00 528.63 0.00 467,418,727.76 TOTAL LIABILITY & EQUITY 70 610 098 68 308,249 652 60 1625,259.96 80,871,140.18 52,094,306.00 158,460,254.00 528.63 7,190,000.00 877,101 240.05 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CASH & INVESTMENT TOTAL 108,498.640.34 PREMIUMIDISCOUNT ON INVESTMENT (165,923.24) TOTAL 108,332,718.10 11 COUNCIL/RDA MEETING DATE: October 21, 2003 Transmittal of Revenue and Expenditure Report dated August 31, 2003 and Investment Summary Report for the Quarter Ending September 30, 2003 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Transmittal of the August 31, 2003 Statement of Revenue and Expenditures for the City of La Quinta and Investment Summary Report for the Quarter Ending September 30, 2003 pe^lly submiftted Jolin M. Falcbned Finance Director 7rod for submis 'on y: 01 Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures Report, August 31, 2003 2. Investment Summary Report for the Quarter Ending September 30, 2003 C,3 ATTACHMENT CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2003 - 8131103 FUNDS BUDGET RECEIVED °h RECEIVED General $18,797,608.00 $1,857,599.32 9.90% Library 688,400.00 0.00 0.00% Gas Tax Revenue 553,700.00 81,385.45 14.70% Cmaq/lstea 0.00 0.00 0.000/0 Federal Assistance 165,000.00 0.00 0.00% Assessment District 2000-1 0.00 0.00 0.00% Slesf (Cops) Revenue 100,700.00 0.00 0.00% Local Law Enforcement 19,918.00 0.00 0.00% Lighting & Landscaping 854,600.00 0.00 0.000/0 Quimby 28,900.00 36,238.00 125.400/6 Crime Violent Task Force 0.00 0.00 0.00% Infrastructure 15,600.00 0.00 0.000/0 Village Parking 0.00 0.00 0.00% South Coast Air Quality 240,204.00. (8,300.00) -3.50% LQ Public Safety Officer 2,300.00 0.00 0.00% Interest Allocation 0.00 146,913.70 0.000/0 Capital Improvement 74,050,939.05 774,114.00. 1.00% Lq Norte Capital Improvement 0.00 0.00 0.00% Urban Forestry 0.00 0.00 0.00% Equipment Replacement 376,477.00 317,678.00 84.400/6 Information Technology 227,600.00 377,282.00 165.80% Arts In Public Places 102,600.00 63,325.80 61.70% Transportation 602,300.00 685,272.82 113.80% Parks & Recreation 251,000.00 228,734.00 91.100/0 Civic Center 204,200.00 113,449.12 55.60% Library Development 112,500.00 106,619.00 94.80% Community Center 57,200.00 46,346.00 81.000/0 Street Facility 9,400.00 9,714.18 103.30% Park Facility 3.000.00 2,310.00 77.00% Fire Protection Facility 33,100.00 33,150.50 100.20% Library Development (County) Facility 204,100.00 0.00 0.00°/0 La Quinta Financing Authority 690,330.00 0.05 0.000/0 RDA Project Area No. 1 56,032,087.00 226,681.03 0.40% RDA Project Area No. 2 63,092,267.00 108,438.76 0.200/6 Total $217,516 030.05 $5 206 951.73 2.400/6 64 CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07/01/2003 - 8/31/03 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $21,508,163.06 $2,394,425.39 ($1,151.25) $19,114,888.92 11.1% Library 409,137.00 0.00 0.00 409,137.00 0.0% Gas Tax 758,906.00 92,283.30 0.00 666,622.70 12.2% Cmaq/Istea 595,235.00 0.00 0.00 595,235.00 0.0% Federal Assistance 157,505.00 0.00 0.00 157,505.00 0.0% Proposed Assessment District 142,507.21 0.00 0.00 142,507.21 0.0% Sle'sf (Cops) Revenue 100,000.00 0.00 0.00 100,000.00 0.0% Local Law Enforcement 0.00 0.00 0.00 0.00 0.0% Violent Crime Task Force 0.00 528.05 0.00 (528.05) 0.0% Lighting & Landscaping 854,600.00 142,433.30 0.00 712,166.70 16.7% Quimby 186,583.00 19,223.84 0.00 167,359.16 10.3% Infrastructure 2,152,149.00 337,242.05 0.00 1,814,906.95 15.7% . Village Parking (1,892.85) 0.00 0.00 (1,892.85) 0.0% South Coast Air Quality 231,231.00, 2,803.49 0.00 228,427.51 1.2% Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 74,050,939.05 774,114.00 3,295.00 73,273,530.05 1.0% Lq Norte Capital Improvement 0.00 0.00 0.00 0.00 0.0% Urban Forestry 1,100.00 0.00 0.00 1,100.00 0.0% Equipment Replacement 380,641.00 40,144.85 0.00 340,496.15 10.5% Arts In Public Places 479,793.28 2.200.00 0.00 477,593.28 0.5% Transportation 2,319,796.30 6,269.94 0.00 2,313,526.36 0.3% Parks & Recreation 618,563.85 11,448.74 0.00 607,115.11 1.9% Civic Center 531,969.14 34,041.80 0.00 497,927.34 6.4% Library Development 4,074,930.31 45.00 0.00 4,074,885.31 0.0% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 0.00 0.00 0.00 0.00 0.0% Park Facility 0.00 0.00 0.00 0.00 0.0% Fins Protection 1,500,000.00 0.00 0.00 1,500,000.00 0.0% Library County DIF 400,000.00 0.00 0.00 400,000.00 0.0% Information Technology 694,781.00 99,385.86 0.00 595,395.14 14.3% La Quinta Financing Authority 558,723.58 0.00 0.00 558,723.58 0.0% RDA Project Area No.1 88,120,879.91 1,885,672.76 0.00 86,235,207.15 2.1 % RDA Project Area No. 2 60,644,259.85 267,158.56 0.00 60,377,101.29 0.4% Total 1,47 ,5 ,109,420.93 2,1 2 5, , EJ 07/01/2003 - 8/31103 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Document Transfer Tax Sales Tax Transient Occupancy Tax Franchise Tax TOTAL TAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Electrical Permits Mechanical Permits Misc. Permits TOTAL LICENSES & PERMITS FEES: Sale of Maps & Publications Community Services Fees Bldg & 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 RECEIVED 573,300.00 6,652.07 566,647.93 1.160% 808,100.00 2,641.13 805,458.87 0.330% 487,300.00 67,902.27 419,397.73 13.930% 4,200,000.00 379,700.00 3,820,300.00 9.040% 4,055,300.00 97,096.84 3,958,203.16 2.390% 597,600.00 116,540.51 481,059.49 19.500% 10,721,600.00 670,532.82 10,051,067.18 6.250% 180,700.00 25,489.80 155,210.20 14.110% 17,500.00 2,244.50 15,255.50 12.830% 412,500.00 303,634.50 108,865.50 73.6100/6 90,800.00 58,365.60 32,434.40 64.2800/6 69,000.00 57,755.91 11,244.09 83.700% 37,500.00 36,402.80 1,097.20 97.070% 49,500.00 8,975.50 40,524.50 18.130%_ 857,500.00 492,868.61 364,631.39 57.480% 4,950.00 324.37 4,625.63 6.550% 190,998.00 22,633.75 168,364.25 11.850% 401,300.00 181,414.67 219,885.33 45.210% 222,400.00 59,241.54 163,158.46 26.640% 584,375.00 167,030.86 417,344.14 28.580% 1,404,023.00 430,645.19 973,377.81 30.670% 1,475,900.00 62,928.54 1,412,971.46 4.260% 70,700.00 7,530.01 63,169.99 10.650% 54,400.00 8,068.00 46,332.00 14.830% 15,000.00 2,357.46 12,642.54 15.720% 145,000.00 31,561.08 113,438.92 21.7701/6 0.00 0.00 0.00 0.0000/0 0.00 3,749.45 (3,749.45) 0.000% 2,162,400.00 0.00 2,162,400.00 0.0000/0 150,000.00 0.00 150,000.00 0.0000/0 4,073,400.00 116,194.54 3,957,205.46 2.8500/6 1,468,800.00 147,040.88 1,321,759.12 10.0100/0 3,000.00 317.27 2,682.73 10.5800/6 0.00 0.00 0.00 0.0000/0 0.00 0.01 (0.01) 0.000% 3,000.00 317.28 2,682.72 10.5800/6 269,285.00 0.00 269,285.00 0.000% 18,797,608.00 1,857,599.32 16,940,008.68 9.880% 66 4 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL LIBRARY: County of Riverside Interest TOTAL LIBRARY GAS TAX REVENUE: REMAINING % BUDGET RECEIVED BUDGET RECEIVED 662,500.00 0.00 662,500.00 0.0000k 25 900.00 0.00 25,900.00 0.000% 688,400.00 0.00 688,400.00 0.000% Section 2105 168,200.00 17,973.63 150,226.37 10.6900/6 Section 2106 115,900.00 12,474.65 103,425.35 10.760% Section 2107 216,700.00 24,275.49 192,424.51 11.200% Section 2107.5 6,000.00 6,000.00 0.00 100.000% Traffic Congestion Relief 39,300.00 20,661.68 18,638.32 52.570% Interest 7,600.00 0.00 7,600.00 0.000% TOTAL GAS TAX 553,700.00 81,385.45 472,314.55 14.7000/6 CMAQASTEA CMAQ1lSTEA Grant 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL CMAQ/ISTEA 0.00 0.00 0.00 0.000% FEDERAL ASSISTANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE ASSESSMENT DISTRICT 2000-1 Interest Assessment Bond Proceeds Prepayments -sewer assessments Transfer in TOTAL ASSESSMENT DISTRICT SLESF (COPS) REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding Interest Transfer in TOTAL LLEBG LIGHTING & LANDSCAPING REVENUE: Assessment Developer Interest TOTAL LIGHTING & LANDSCAPING QUIMBY REVENUE: Quimby Fees Interest TOTAL QUIMBY CRIME VIOLENT TASK FORCE REVENUE: Member Contributions Grant revenue Asset Forfeiture Interest TOTAL CRIME VIOLENT TASK FORCE 165,000.00 0.00 165,000.00 0.000% 0.00 0.00 0.00 0.0000/0 165,000.00 0.00 165,000.00 0.0000/0 0.00 0.00 0.00 0.0000/0 0.00 0.00 0.00 0.0000/0 0.00 0.00 0.00 0.0000/0 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.0000/0 100,000.00 0.00 100,000.00 0.000% 700.00 0.00 700.00 0.000% 100,700.00 0.00 100,700.00 0.000% 19,218.00 0.00 19,218.00 0.000% 700.00 0.00 700.00 0.000% 0.00 0.00 0.00 0.000% 19,918.00 0.00 19,918.00 0.0000/0 854,600.00 0.00 854,600.00 0.0000/0 0.00 0.00 0.00 0.0000/0 0.00 0.00 0.00 0.0000/0 854,600.00 0.00 854,600.00 0.0000/0 25,000.00 36,238.00 (11,238.00) 144.950% 3,900.00 0.00 3,900.00 0.0000/0 7,125.390 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.0000/0 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% U7 5 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) INFRASTRUCTURE REVENUE: Infrastructure Fee Interest Transfer in TOTALINFRASTRUCTURE VILLAGE PARKING REVENUE: Interest TOTAL VILLAGE PARKING SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution MSRC Funding Street Sweeping Grant Interest TOTAL SCAQ LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transfer In TOTAL INTEREST ALLOCATION CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Joint Powers Ins Authority City of Indio SB300 Funding RCTC SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE LQ NORTE CAPITAL IMPROVEMENT FUND: Prepayment Bond Proceeds Interest TOTAL LQ NORTE CIP URBAN FORESTRY Grant Revenue Interest TOTAL URBAN FORESTRY REMAINING % BUDGET RECEIVED BUDGET RECEIVED 0.00 0.00 0.0000/0 15,600.00 0.00 15,600.00 0.0000/0 0.00 0.00 0.00 0.000% 15,600.00 0.00 15,600.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.0000/0 21,800.00 (8,300.00) 30,100.00 -38.0700/6 77,119.00 77,119.00 0.000% 139,285.00 139,285.00 0.000% 2,000.00 0.00 2,000.00 0.000% 240,204.00 (8,300.00) 248,504.00 -3.460% 2,000.00 0.00 2,000.00 0.0000/0 300.00 0.00 300.00 0.0000/0 2,300.00 0.00 2,300.00 0.000% 0.00 146,913.70 (146,913.70) 0.000% 0.00 0.00 0.00 0.000% 0.00 146,913.70 (146,913.70) 0.000% 2,865,619.97 0.00 2,865,619.97 0.000% 927,462.40 0.00 927,462.40 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% (0.26) 0.00 (0.26) 0.000% 100,000.00 0.00 100,000.00 0.0000/0 108,240.00 0.00 108,240.00 0.0000/0 208,095.00 8,095.00 200,000.00 3.89016 0.00 0.00 0.00 0.000% 2,000.00 0.00 2,000.00 0.000% 153,000.00 20,000.00 133,000.00 13.070% 69,686,521.94 746,019.00 68,940,502.94 _ 1.070% 74,050,939.05 774,114.00 73,276,825.05 1.050% 0.00 0.00 0.00 0.0000/0 0.00 0.00 0.00 0.0000/0 0.00 0.00 0.00 0.0000/0 0.00 0.00 0.00 0.0000/0 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.0000/0 [; V CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) 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 ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places Arts in Public Places Credits Applied Interest TOTAL ARTS IN PUBLIC PLACES TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION PARKS & RECREATION CIVIC CENTER Developer fees Interest Transfer in TOTAL PARKS & RECREATION Developer fees Interest Transfer in TOTAL CIVIC CENTER REMAINING % BUDGET RECEIVED BUDGET RECEIVED 317,677.00 317,678.00 (1.00) 100.000% 0.00 0.00 0.00 0.0000/0 0.00 0.00 0.00 0.000% 58,800.00 0.00 58,800.00 0.000% 0.00 0.00 0.00 0.000% 376,477.00 317,678.00 58,799.00 84.3800/6 216,200.00 377,282.00 (161,082.00) 174.5100/6 0.00 0.00 0.00 0.0000/0 0.00 0.00 0.00 0.000% 11,400.00 0.00 11,400.00 0.000% 0.00 0.00 0.00 0.000% 227,600.00 377,282.00 (149,682.00) 165.770% 97,500.00 63,325.80 34,174.20 64.950% 0.00 0.00 0.00 0.0000/0 5,100.00 0.00 5,100.00 0.000% 102,600.00 63,325.80 39,274.20 61.720% 549,000.00 685,272.82 (136,272.82) 124.820% 53,300.00 0.00 53,300.00 0.0000/0 0.00 0.00 0.00 0.000% 602,300.00 685,272.82 (82,972.82) 113.7800/6 251,000.00 228,734.00 22,266.00 91.130% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.0000/0 251,000.00 228,734.00 22,266.00 91.1300/6 183,000.00 113,449.12 69,550.88 61.990°h 21,200.00 0.00 21,200.00 0.000% 0.00 0.00 0.00 0.0000/0 204,200.00 113,449.12 90,750.88 55.560% Li J CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) 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 REMAINING % BUDGET RECEIVED BUDGET RECEIVED 112,500.00 106,619.00 5,881.00 94.7705/6 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 112,500.00 106,619.00 5,881.00 94.770% 48,500.00 46,346.00 2,154.00 95.560% 8,700.00 0.00 8,700.00 0.000% 57,200.00 46,346.00 10,854.00 81.020% 7,500.00 9,714.18 (2,214.18) 129.520% 1,900.00 0.00 1,900.00 0.0000/0 9,400.00 9,714.18 (314.181 103.340% 2,500.00 2,310.00 190.00 92.4000/6 500.00 0.00 500.00 0.0000/0 3,000.00 2,310.00 690.00 77.000% 32,100.00 33,150.50 (1,050.50) 103.270% 11000.00 0.00 1,000.00 0.000% 33,100.00 33,150.50 (50.50) 100.1500/6 200,000.00 0.00 200,000.00 0.0000/0 4,100.00 0.00 4,100.00 0.0000/0 204,100.00 0.00 204,100.00 0.000% 70 07/01/2003 - 8/31/03 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 677,100.00 84,446.15 0.00 592,653.85 CITY MANAGER'S OFFICE 778,533.00 111,862.31 4,848.75 661,821.94 ECONOMIC DEVELOPMENT 821,350.00 195,026.40 0.00 626,323.60 PERSONNEL/RISK MGT 758,502.00 424,276.79 0.00 334,225.21 TOTAL GENERAL GOVERNMENT 3,035,485.00 815,611.65 4,848.75 2,215,024.60 FINANCE FISCAL SERVICES 696,564.00 106,444.83 0.00 590,119.17 CENTRAL SERVICES 726,562.00 227,447.96 0.00 499,114.04 TOTAL FINANCE 1,423,126.00 333,892.79 0.00 1,089,233.21 CITY CLERK 469,363.00 78,421.97 0.00 390,941.03 COMMUNITY SERVICES SENIOR CENTER 328,635.00 40,549.66 0.00 288,085.34 PARKS & RECREATION ADMINISTRATION 697,146.00 76,459.00 0.00 620,687.00 PARKS & RECREATION PROGRAMS 100,048.00 18,766.50 0.00 81,281.50 TOTAL COMMUNITY SERVICES 1,125,829.00 135,775.16 0.00 990,053.84 POLICE: POLICE SERVICES 5,231,000.00 17,535.39 0.00 5,213,464.61 TOTAL POLICE 5,231,000.00 17,535.39 0.00 5,213,464.61 BUILDING &SAFETY: BUILDING & SAFETY - ADMIN 231,925.00 32,771.66 0.00 199,153.34 CODE COMPLIANCE 655,449.00 96,743.22 0.00 558,705.78 ANIMAL CONTROL 229,922.00 41,363.54 0.00 188,558.46 BUILDING 711,239.00 124,006.92 0.00 587,232.08 EMERGENCY SERVICES 48,945.00 22,560.84 0.00 26,384.16 FIRE 2,208,902.00 0.00 0.00 2,208,902.00 CIVIC CENTER BUILDING -OPERATIONS 1,044,765.00 147,174.50 0.00 897,590.50 TOTAL BUILDING & SAFETY 5,131,147.00 464,620.68 0.00 4,666,526.32 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 822,252.00 357,577.98 0.00 464,674.02 CURRENT PLANNING 711,429.00 69,684.19 0.00 641,744.81 TOTAL COMMUNITY DEVELOPMENT 1,533,681.00 427,262.17 0.00 1,106,418.83 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 259,055.00 40,296.51 0.00 218,758.49 DEVELOPMENT & TRAFFIC 990,125.00 132,239.82 0.00 857,885.18 MAINT/OPERATIONS - STREETS 2,238,952.00 166,597.10 0.00 2,072,354.90 MAINT/OPERATIONS - LTGA-ANDSCAPING 1,967,542.00 218,689.68 (6,000.00) 1,754,852.32 CONSTRUCTION MANAGEMENT 570,171.00 89,806.94 480,364.06 TOTAL PUBLIC WORKS 6,025,845.00 647,630.05 (6,000.00) 5,384,214.95 TRANSFERS OUT 1,327,715.60 (21,844.19) 0.00 1,349,559.79 GENERAL FUND REIMBURSEMENTS (3,795,028.54) (504,480.28) 0.00 (3,290,548.26) NET GENERAL FUND EXPENDITURES 21,508,163.06 2,394,425.39 (1,151.25) 19,114,888.92 CITY OF LA QUINTA 07/01/2003 - 8/31/03 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 TRANSFER OUT 409,137.00 0.00 0.00 409,137.00 TOTAL LIBRARY FUND 409,137.00 0.00 0.00 409, 7.0 GAS TAX REIMBURSE GENERAL FUND 553,700.00 92,283.30 0.00 461,416.70 TRANSFER OUT 205,206.00 0.00 0.00 205,206.00 TOTAL GAS TAX FUND 758,906.00 92,283.30 0.00 666,622.70 QUIMBY FUND: TRANSFER OUT TOTAL QUIMBY FUND 186,583.00 19,223.84 0.00 167,359.16 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 157,505.00 0.00 0.00 157,505.00 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 14,827.00 2,803.49 0.00 12,023.51 TRANSFER OUT 216,404.00 0.00 0.00 216,404.00 TOTAL SOUTH COAST AIR QUALITY 231,231.00 2,803.490.00 228,427.51 CMAQASTEA TRANSFER OUT VILLAGE PARKING TRANSFER OUT LA QUINTA PUBLIC SAFETY CONTRIBUTIONS LLEBG FUND TRANSFER OUT VIOLENT CRIME TASK FORCE PROJECT EXPENDITURES SLESF (COPS) TRANSFER OUT TOTAL CMAQASTEA FUND 595,235.00 0.00 0.00 595,235.00 TOTAL VILLAGE PARKING FUND (1,892.85) 0.00 0.00 (1,892.85) TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 TOTAL LLEBG FUND 0.00 0.00 0.00 0.00 0.00 528.05 0.00 528.05 TOTAL VIOLENT CRIME TASK FORCE 0.00 528.05 0. (528.05) TOTAL SLESF (COPS) FUND 100,000.00 0.00 0.00 100,000.00 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 854,600.00 142,433.30 0.00 712,166.70 TRANSFER OUT 0.00 0.00 0.00 TOTAL LTGA.ANDSCAPING FUND 854,600.00 142,4 .30 0.00 712,166.70 INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 2,152,149.00 337,242.05 0.00 1,814,906.95 TOTAL INFRASTRUCTURE ,152,1 9.0 337,242.05 0.00 1,814,906.95 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 142,507.21 0.00 0.00 142,507.21 TOTAL AD 2000-1 142,507.21 0.00 0.00 142, .21 r) ME CITY OF LA QUINTA 07/01/2003 - 8/31103 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET TRANSPORTATION PROGRAM COSTS 63,050.06 0.00 0.00 63,050.06 TRANSFER OUT 2,256,746.24 6,269.94 0.00 2,250,476.30 TOTAL TRANSPORTATION 1 ,7 6,269.94 0.00 2,313,526.36 1,988,986.00 PARKS & RECREATION INTEREST ON ADVANCE 0.00 0.00 0.00 0.00 TRANSFER OUT 618,563.85 11,448.74 0.00 607,115.11 TOTAL PARKS & RECREATION 618,563.85 11,448.74 0.00 607,1 .11 CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 REIMBURSE GENERAL FUND 204,251.00 34,041.80 0.00 170,209.20 TRANSFER OUT 327,718.14 0.00 0.00 327,718.14 TOTAL CIVIC CENTER 5 .14 34,041.80 0.00 497,92TW- LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 TRANSFER OUT 4,074,930.31 45.00 0.00 4,074,885.31 TOTAL LIBRARY DEVELOPMENT 4,074,930.31 4,074,885.31 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 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 0.66 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 0.00.00 FIRE PROTECTION PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 1,500,000.00 0.00 0.00 1,500,000.00 TOTAL FIRE PROTECTION DIF 1, 0.00 0.00 1. LIBRARY COUNTY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 400,000.00 0.00 0.00 400,000.00 TOTAL LIBRARY COUNTY DIF 400,000.66 0.00 0.00 400,000.00 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 73,282,761.51 774,114.00 3,295.00 72,505,352.51 PROJECT REIMBURSEMENTS TO GEN FUND 768,177.54 0.00 0.00 768,177.54 TOTAL CAPITAL IMPROVEMENT 74,050,939.05 77 ,1 4.00 3,295.00 73, 3, 5 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 325,240.00 0.00 0.00 325,240.00 TRANSFER OUT 149,253.28 2,200.00 0.00 147,053.28 TOTAL ART IN PUBLIC PLACES 479,793.2 2,2 477,593.28 LQ NORTE (97-1) CIP FUND PROJECT EXPENSES 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LQ NORTE (97-1) CIP FUND 0.00 0.00 0.00 0.00 URBAN FORESTRY GRANT TRANSFER OUT TOTAL URBAN FORESTRY GRANT 1,100.00 0.00 0.00 1,100.00 11 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY VILLAGE PARKING TRANSFER OUT REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET (1,892.85) 0.00 0.00 (1,892.85) INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 694,781.00 99,385.86 0.00 595,395.14 TOTAL INFORMATION TECHNOLOGY FUND 694,781.00 99,385.86 0.00 595,395.14 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 380,641.00 40,144.85 0.00 340,496.15 TOTAL EQUIPMENT REPLACEMENT FUND 380,641.00 40,144.85.0 ,4 12 ATTACHMENT 2 O c O O LL E E cn O cog N N O > M (� cOD L J Z .0 m a UCJc°n C d C r Ci OMNNMI�LA•d'OMf� OCOC.4 N f- 0 M W r- N P- 1- M O f- 0o NI": cq 't G GI O M O N `- t' N etOM0000r,0C6" Ld C6 C;0l.O CACAMO WCOCAOOCAI�CAaO CCA0000m0"V A'a �00LgItnj E C6 4 -f W tf) F a a 'i cq P.: 0 r- Q cD 0 0 N ch M d' N t� to to M O N 00 LO M�LI)f�CC�N f���N00O1�� � Ot�1�00O00CnOC000O1�C0�'�tCp' OMI*_Lda)-(0�I�CO i-- l` O 1- 0 CA 1� 00 O 00 Of) •� b)0)00OOCA.WCAet't0)0) d;Cy a C6 i "i Id L6 L6 Cs N'"CNIP 46 � 0000000000000 d;,M 00000000000000f��- � Cd OOOOOOOLAOLpLAOO �Ly' O. " LA .- LA Lf) Ld Vi a Ld a I': a LA O CD � N N N N N N N N N N N N N O.�NCAigo M cccMNaNC�N CCOMQ�eM�O-CC ZC Z V- V L.L 0 0 0 0 O O O O O O c Zga�L- a�a�a�a�a zoo oa,o M M M N N N Z Z Z Z Z Z Z C) C) N N C) O N c a O y O C C 1 CT •- 7 7 O U. LL V V O Y C C y y 0 m M 0 0 c ca ca (D E E , *'' O O r- O O L>> U C C c .�� ...EEc;-=EE€8° N M to N 0 N 0 0 0 w O O O C C Y� m m m m m m22ZZ2=LL m C6 co V Al N N Go0 CO V- N O N c O c V CO -J _ N > Q O C O N pOp C Cj C) O N c E - y � C O O OL 7 �pp (L C) E ° o O E }; 5 Q c c 0m O Q tC0 N CU 0 CU p c � 'LL E y 1� 0 O ca CU N a > O O C C 'C F- O N 7 cc p V N a a>cm Q Q' C Y 0 o U G y U J J �O r 7 I) 13 COUNCIL/RDA MEETING DATE: October 21, 2003 ITEM TITLE: Approval of Plans, Specifications, and Engineer's Estimate and Authorization to Advertise for Bid the Traffic Signal on Adams Street at Westward Ho Drive, Project No. 2002-06 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the plans, specifications, and engineer's estimate and authorize staff to advertise for bid the traffic signal on Adams Street at Westward Ho Drive, Project No. 2002-06. FISCAL IMPLICATIONS: The project is included within the Fiscal Year 2002/2003 City of La Quinta Capital Improvement Program (CIP). The following represents the approved project budget: Funding Source Amount City Infrastructure Funds $175,000.00 Less Prior Expenditures: $12,181.00 Amount Available: $162,819.00 Based upon the Engineer's estimate of probable construction costs in the amount of $104,700.00, the following represents the anticipated project budget: Activity Budget Design (Balance to Complete) $5,000.00 Construction $104,700.00 Inspection/Testing/Survey $13,563.00 City Administration $8,750.00 Contingency $30,806.00 TOTAL: $162,819.00 As illustrated, adequate funding is available. CHARTER CITY IMPLICATIONS: Since the funding source for this project is generated locally, the project does not require prevailing wages. BACKGROUND AND OVERVIEW: The City Council approved the Fiscal Year 2002/2003 CIP on July 16, 2002. This year's CIP includes installing a new traffic signal at the intersection of Adams Street and Westward Ho Drive. The proposed signal improvements are immediately adjacent to the La Quinta Park. On December 17, 2002, the City Council approved a Professional Services Agreement (PSA) with David Evans & Associates to prepare the PS&E for the proposed improvements. The PS&E is now complete and is available for review within the Public Works Department. The following represents how the project is expected to proceed: City Council Approval of PS&E October 2003 Bid Period November 2003 City Council Construction Award December 2003 Construction Period (90 days) January through March 2004 Project Acceptance April 2004 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Plans, Specifications, and Engineer's Estimate and authorize staff to advertise for bid the Traffic Signal on Adams Street at Westward Ho Drive, Project No. 2002-06; or 2. Do not approve the Plans, Specifications, and Engineer's Estimate and do not authorize staff to advertise for bid the Traffic Signal on Adams Street at Westward Ho Drive, Project No. 2002-06; or 3. Provide staff with alternative direction. S:\CityMgr\STAFF REPORTS ONLY\C 1.doc N Respectfully submitted, othy R. Jo6ks6n�Y.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager �3 COUNCIL/RDA MEETING DATE: October 21, 2003 ITEM TITLE: Adoption of a Resolution Accepting a Quitclaim Deed from the Coachella Valley Water District for Public Roadway Purposes on Adams Street and Ancillary Improvements for the La Quinta Fire Station No. 93 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution accepting a Quitclaim Deed (Attachment 1) from the Coachella Valley Water District for public roadway purposes on Adams Street and ancillary improvements for the La Quinta Fire Station No. 93 and direct the City Clerk to have the deed recorded at the Riverside County Recorder's office. FISCAL IMPLICATIONS: This action conveys no additional fiscal impact to the City. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Street improvements associated with the La Quinta Fire Station No. 93, CIP Project No. 2001-14, will widen Adams Street within the project (Attachment 2). The project calls for widening of Adams Street Well Site No. 5708 to provide continuity with existing street improvements. Fourteen feet (14') of right-of-way is required along the easterly property line of the well site for the widening of Adams Street to make it conform to the General Plan (Attachment 3). w� In addition to the street right-of-way, an eight -foot (8') right-of-way is required along the southerly boundary for an access driveway to the well site for the Coachella Valley Water District that replaces an existing access driveway as well as other improvements to be constructed for the fire station. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution accepting a Quitclaim Deed from the Coachella Valley Water District for public roadway purposes on Adams Street and ancillary improvements for the La Quinta Fire Station No. 93 and direct the City Clerk to have the deed recorded at the Riverside County Recorder's office; or 2. Do not adopt a Resolution accepting a Quitclaim Deed from the Coachella Valley Water District for public roadway purposes on Adams Street and ancillary improvements for the La Quinta Fire Station No. 93 and do not direct the City Clerk to have the deed recorded at the Riverside County Recorder's office; or 3. Provide staff with alternative direction. Respectfully submitted, % A� Lrva-�� imothy . Jon s on, P.E. Public Works Di ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Quitclaim Deed 2. Vicinity Map 3. Site Plan S0 2 RESOLUTION NO. 2003-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A QUITCLAIM DEED FROM THE COACHELLA VALLEY WATER DISTRICT FOR PUBLIC ROADWAY PURPOSES ON ADAMS STREET AND ANCILLARY IMPROVEMENTS FOR THE LA QUINTA FIRE STATION NO. 93 WHEREAS, the La Quinta Fire Station No. 93, CIP Project 2001-14, will widen Adams Street along the site. The additional widening will be constructed adjacent to Coachella Valley Water District Well Site No. 5708 to provide continuity with existing improvements on Adams Street; and WHEREAS, fourteen feet (14') of right-of-way is required along the easterly property line of the Well Site No. 5708 for the street improvements to have that segment of Adams Street conform to the General Plan; and WHEREAS, on -site improvements for the La Quinta Fire Station along the southerly boundary of the well site will construct an access driveway which replaces the existing well site driveway as well as other ancillary improvements for the Fire Station; and WHEREAS, eight feet (8') of right-of-way is required along the southerly property line of the well site for these improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. Pusuant to Government Code Section 7050, that portion of Well Site No. 5708 which will be conveyed by Quitclaim Deed to the City of La Quinta, is here by accepted Section 2. The City Clerk shall file this Resolution accepting the Quitclaim Deed for recording by the County Recorder. 3 81 Resolution No. 2003- RW-D 2003-049 Adopted: October 21, 2003 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of October, 2003, 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 4 No, Recording Fee Required Per Government Code Section 27383 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: June S. Greek,.City Clerk CITY.. OF I.a QUINTA rP.O. Box 1504 La.Quinta, CA 92253 ATTACHMENT 1 (Space above this line for Recorder's Use) QUITCLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California, does hereby remise, release and forever quitclaim to CITY OF LA QUINTA for public roadway purposes that certain real property in the County of Riverside, State of California, described as follows: The easterly 14 feet and the southerly 8 feet of District Well Site No. 5708 described in Grant Deed recorded in the County of Riverside on February 17, 1985, as Instrument No. 39978, as the North 100 feet of the East 130 feet of the East half of the East half of the Southeast quarter of the Northeast quarter of Section 19, Township 5 South, Range 7 East, San Bernardino Meridian. EXCEPTING the East 30 feet being the dedicated street right-of-way of Adams Street. STATE OF CALIFORNIA) ss. COUNTY OF RIVERSIDE) On this 31 s t day of July, 2003 before me, Cynthia R. Parks., (Notary Public) personally appeared Steve Robbins =---------= personally known to me to be the person whose name is subscribed to the within 'instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Public in and for said County and State COACHELLA VALLEY WATER DISTRICT BY: Steve Robbins General ManagerThief Engineer Date: C 5 8, RD jr=gVw\juMity-of-LQ-quitclaim Doc. No. ATTACHMENT 2 � ANT z F7 Z 42ND AVENUE Ln m -� c� f 44TH AVENUE i FRED WARNG DRIVE o I D I U} LO I I Ln Ca --1 i 111 FWY woo VICINITY MAP 84 0 ATTACHMENT 3 l LOT rij Y. , ui I N. LINE OF THE E. 1 /2, � E. 1/2v S.E. 1/4.. N.E. 1/4, SEC. 19, T. 5 S.: R. 7 E., S.B.M. AND THE S. LINE OF TRACT NO. 23269, M.B. 205-86-94 400.20-66402901— 202.14' NO'12'38"W NEW I- 92.00' $ w 08 PROP D CITY 88.00' C OF LA OUINTA R:E STATION PARCEL 44-M ADAMs STREET 6000 90. FT. EXISTING 6t238 $0. FT. PROPOSED ao ; XIST S. LINE OF THE N. '$ 100.00' AND THE W. o -$ UNE OF THE E. 130.00' g g OF THE E 1 /2, E. 1 /2, o S.E. 1 /4, N.E. 1 /4, SEC. 19, z z T. 5 S., R. 7 E., S.B.M.' 288.10' N89'35'07"E 332.10' S. LINE OF THE N. 240.00' OF THE E. 1 /2, E. 1 /2, S.E. 1 A N.E. 1 /4, SEC. 19, T. 5 S., g R. 7 ., S.B.M. 44' 44' 0 a� N VACANT 1.89 ACRES OF CHURCH PROPERTY^ DEVELOPED 4.94 ACRES OF CHURCH PROPERTY FAMLY STAGE CHURCH OF THE VALLEY, INC. COAChELLA VALLEY WATER DISTRICT WELL 5708 SITE INST.' NO.39978 REC. 2-27-851 O.R. APN 640-032-5 44-5331/2 ADAMS STREET 10,000 SO. F.T. EXISTING 7,912 SO. FT. PROPOSED FD. NOTHING, SET NOTHING LOT o 41 42 !� 3 N 8 z N89'37'37'E0coll-Lo 496.98' DRIVE it cl) 63 64 65 Q LOT R M QJ 7 q��rtr� 4 44P �' uurfa COUNCIL/RDA MEETING DATE: October 21, 2003 ITEM TITLE: Adoption, of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 31172, La Quinta Valley Plaza, Kleine Building and Development, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Parcel Map and Subdivision Improvement Agreement (SIA) for Parcel Map No. 31172, La Quinta Valley Plaza, Kleine Building and Development, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 31172 is generally located 331 feet west of Dune Palms Road between Highway 1 1 1 and Corporate Center Drive (Attachment 1). This commercial complex development will consist of seven (7) parcels (parcel 7 being Common Area) on approximately 6.01 acres (Attachment 2). On April 22, 2003, the Planning Commission approved Site Development Permit No. 2003-761 and Tentative Parcel Map 31172. 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. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (November 20, 2003), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and 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 C'ouncil include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Parcel Map No. 31172, La Quinta Valley Plaza, Kleine Building and Development, Inc.; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Parcel Map No. 31172, La Quinta Valley Plaza, Kleine Building and Development, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, jimothy Roona s n, P.E. Public Works Dire tor/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Parcel Map 3. Subdivision Improvement Agreement 7 2 RESOLUTION NO. 2003-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP NO. 31172, LA QUINTA VALLEY PLAZA, KLEINE BUILDING AND DEVELOPMENT, INC. 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: 88 3 Resolution No. 2003- Parcel Map No. 31172, La Quinta Valley Plaza Adopted: October 21, 2003 Page 2 Section 1. The final map for Parcel Map 31172 is conditionally approved provided the subdivider submits all required items on or before November 201, 2003. 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 with the tentative parcel 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 20, 2003. 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 21 rst day of October, 2003, by the following vote to wit: AYES:Council Members (Clerk's Office will enter) NOES: ABSENT: ABSTAIN: Pii 4 Resolution No. 2003- Parcel Map No. 30850, Old Town La Quinta Adopted: October 21, 2003 Page 3 DON ADOLPH, Mayor City of La Quinta, California 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 190 5 VICINITY MAP N.T.S. -- A,rt'� FiEVI�IVT `e t lip fill fill pit 90 K. . w�wn�rs��t+■i►tMwt�nwiw��+�►s�•�wrs�w�tMw�wwrwr�nww�o�ar+t :o. .. J IL arm is M Arm AMA *WWR 11 ,it Am ra t+� A, ,ti . ..� om M MrM ii 1111 ` yi01 Tll 1910 �Iq ri �M l�LK 71Y � ' p •mwT0I6YI„tM1m1N`0all p 1r1Y d/M T�, r�.0 =0�'r 1� J.or" twiai � 93 CITY OF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 31172 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between Kleine Building and Development, Inc. a California Corporation 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 parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel No. 31172 (the "Parcel") 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 94 reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 9 TAMDEPT\COUNCIL\2003\0ctober 21, 2003\31172_KLEIN\OFFSITE_SIA.doc 1 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 parcel 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, parcel map or waiver of parcel 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 subrgiQal of TAMDEMCOUNCIB200310dober 21, 200131172_KLEIMOFFSITE_SIA.doc 2 of 7 (� warranty 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 3.13., 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 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, 11rranty 9 P) TAMDEPMOUNCIL\2003\0ctober 21, 2003\31172_KLEIN\OFFSITE_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 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 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, an 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 Majeure. 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. 97 12 4 of 7 T:\PVIIDEPTICOUNCIL\2003\Octobe� 21, 2003\31172 KLEIN\OFFSITE_SIA.doc 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. 93 13 T:\PWDEPT\COUNCIL\2003\October 21, 2003\31172_KLEIN\OFFSITE_SIA.doc Sof7 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 ATTEST: City Clerk Kleine Building and Development, Inc. 41910 Boardwalk, Suite A-10 Palm Desert, CA 92 11 (760) 776-4840 By: Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: Date City Attorney Date TAMDEP'nCOUNCI02003\0dober 21, 2003\31172_KLEIN\OFFSITE_SIA.doc Date /0 --m --o Date Date 90 14 6of7 Exhibit A SECURITY PARCEL MAP NO.31172 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 Performance Labor Perimeter Landscaping Corporate Center Drive $ 22,500 $ 22,500 Hwy 1.11 $ 30,000 $ 30,000 Bus Shelter (Hwy 111) $ 25,000 $ 25,000 Totals $ 77,500 $ 77,500 Standard 10% Contingencey $ 7,750 $ 7,750 Total Construction Cost $ 85,250 $ 85,250 Professional Fees, Design 10% $ 8,525 $ 8,525 Professional Fees, Const 10% $ 8,525 $ 8,525 No Plans Contingency 25% $ 19,375 $ 19,375 Bond Amount $ 121,700 $121,700 15 TAMDEFRCOUNCIL\2003\October 21, 2003\31172_KLEIN\OFFSITE_SIA.doc 7 of 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Riverside On October 10, 2003 before me, Ruth A. Furst, Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC" personally appeared Neil Kleine , NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their RUTHA. FURST signature(s) on the instrument the person(s), dmm'$It±nl'=o Z or the entity upon behalf of which the z Notary Public - Galftrnia Riverside Courfty persons) ted, executed the instrument. MY COMM. Expirm Jul 27, 20M WITNESSAv h NOT OPTIONAL NIIIIIIIIIIIIIIIIIIIIIIII Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF'PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga PaI'd A 91309-7184 10I CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 31172 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between Kleine Building and Development, Inc. a California Corporation 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 parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel No. 31172 (the "Parcel") 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 attorney's fees, incurred by City in successfully enforcing the obligations thereby. secured. 1 i� 17 TAPWDEPT\C0UNCIL\2003\0ctober 21, 2003\31172_KLEIN\ONSITE_SIA.doc 1 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 parcel 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, parcel map or waiver of parcel 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 subrgigal of TAPWDEFnC0UNCIU2003\0ctober 21, 2003%31172_KLEIMONSITE_SIA.doc 2 of 7 warranty 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.B., 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 Fisted 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 en of the one-year warranty period, there are one or more outstanding requests by City f ! performance of work or provision of materials under the terms of the warranty, wl-anty TAPWDEPT\000NCIL\2003\0ctober 21, 2003\31172_KLEIN\ONSITE_SIA.doc 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 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 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 Majeure. 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. 20 T:TWDEPT%000NCIU200310dober 21, 2003131172_KLEIMONSITE_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. Cily 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 1 �� heirs, executors, administrators, assigns, and successors of the parties hereto. 21 TAMDEPMOUNCI02003\0dober 21, 2003\31172_KLEIN\ONSITE_SIA.doc 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 ATTEST: City Clerk Kleine Building and Development, Inc. 41910 Boardwalk, Suite A-10 Palm Desert, CA 92�11 (760) 776-484Q.7�� Title: ylv vc�-S By: Title: Reviewed and Approved: City Engineer Approved as to Form: Date Date /b Date Date City Attorney TAMDEFRCOUNCIU2003\October 21, 2003%31172_KLEIMONSITE_SIA.doc Date 22 6of7 Exhibit A SECURITY — PARCEL MAP NO.31172 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 Performance Labor & Materials Grading $ 40,850 $ 40,850 Street and Drainage $ 58,970 $ 58,970 Water Improvements $ 71,800 $ 71,800 Sewer Improvements $ 37,330 $ 37,330 Electrical Improvements $ 16,600 $ 16,600 Monumentation $ 15,000 $ - Totals $ 240,550 $ 225,550 Standard 10% Contingencey $ 24,055 $ 22,555 Total Construction Cost $ 264,605 $ 248,105 Professional Fees, Design 10% $ 26,461 $ 24,811 Professional Fees, Const 10% $ 26,461 $ 24,811 No Plans Contingency 25% $ 60,138 $ 56,388 Bond Amount $ 377,700 $ 364,100 TAMDEPTTOUNCIU200310dober 21, 2003\31172_KLEMONSITE_SIA.doc 23 7of7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Riverside On. October 10, 2003 before me, Ruth A. Furst, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC - personally appeared Neil Kleine , NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their RtTTHA. FURS"r signature(s) on the instrument the person(s), Commission*136$93a � or the entity upon behalf of which the ' Notary Public - Callt mia Rivemide County person(s) acted, executed the instrument. Rey Comm. moires Jul 27, 2006 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF'PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Par 4A 91309-7184 4 IllepQ�rw COUNCIL/RDA MEETING DATE: October 21, 2003 ITEM TITLE: Acceptance of Project No. 2003-10, Fiscal Year 2002/2003, Citywide Re -striping Program RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept Project No. 2003-10, Fiscal Year 2002/2003, Citywide Re -striping Program as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and, authorize staff to release retention in the amount of $10,796.24, 35 days after the Notice of Completion is recorded. FISCAL IMPLICATIONS: The following Budget Summary is provided: Available Funding Base Contract CCO No. 1 &2 Pending CCO No. 3 Amount Remaining $150,000.00 -$74,546.02 -$15,302.25 -$18,114.14 $42,037.59 There are adequate funds available in Account No. 101-453-609-000 (Contract Services) to support this recommendation. CHARTER CITY IMPLICATIONS: None. II J S:\CityMgr\STAFF REPORTS ONLY\C 4.doc BACKGROUND AND OVERVIEW: On April 15, 2003, the City Council authorized staff to advertise for and receive bids on May 9, 2003 for the 2002/2003 Citywide Re -striping Program, Project No. 2003- 10. On May 9, 2003, four bids were received and opened for the project. Sudhakar Company of Rialto, California, was the low bidder. On June 3, 2003, City Council acted to award a contract for the Fiscal Year 2002/2003 Citywide Re -striping Program, Project No. 2003-10, to Sudhakar Company International for the bid price of $74,546.02. A Notice to Proceed was issued for August 4, 2003 with a 30 consecutive calendar day completion time. Contract Change Order No. 1, 2, and 3, for additional striping, extended the contract completion time 24 calendar days, to September 26, 2003. The project is now 100% complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept Project No. 2003-10, Fiscal Year 2002/2003, Citywide Re -striping Program as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $10,796.24, 35 days after the Notice of Completion is recorded; or 2. Do not accept Project No. 2003-10, Fiscal Year 2002/2003, Citywide Re - striping Program as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and do not authorize staff to release retention in the amount of $10,796.24, 35 days after the Notice of Completion is recorded; or 3. Provide staff with alternative direction. 2 111 S:\CityMgr\STAFF REPORTS ONLY\C 4.doc Respectfully submitted, t�2 T' othy R. J n sson P E. Public Works t1rector City Engineer Approved for submission by: Thomas P. Genovese, City Manager TAMDEMCOUNCIL\2003\0ctober 21, 2003\C 4.doc 3 11ti CV 4 Sep Qul�qra COUNCIL/RDA MEETING DATE: October 21, 2003 ITEM TITLE: Approval of a Request for Proposals for Professional Engineering Services for On -Call Plan and Map Checking Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 8 STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request for Proposals (RFP) for on -call plan and map checking services for a term of two (2) years for Fiscal Years 2003/2004 and 2004/2005. FISCAL IMPLICATIONS: Plan check services are paid from fees collected from the construction permit fees on the related subdivision improvement construction permits. The construction permit fees are based on a percentage of the estimated construction cost for each permitted project. The permit fee includes plan check services, inspection services, and administrative fees. A deposit for plan check fees is collected upon submittal of the initial plan check to cover plan check services in case the project does not proceed to construction. This deposit is credited against the construction permit fee when the permit is issued. Map checking fees are collected with the initial application submittal of the Final Map. Currently, the map check fees which are paid to the consultant for map check services are based on the following calculation: Tract Maps: $1,000 base fee plus $10 per lot Parcel Maps: $500 base fee plus $250 per parcel The fees paid to the City's Map Check Consultant have not been increased for several years and are significantly lower than other local municipalities. As part of the RFP process, the fee amounts collected and paid to the consultant will be reviewed. A recommendation for a possible fee increase will be submitted to the City Council for consideration as part of the Consultant Selection Process. 113 S-\ritvMnr\STAFF RFPnRTS nNI Y\r FiiAnr. Plan and Map Check Fees are paid from the following account: Account No. 101-452-609-557, Development & Traffic Map/Plan Check Services Since the plan check fees are paid from a portion of collected permit fees, sufficient funding is available to support the plan check consultant fees. Since the fees collected with the Map Application submittal are sufficient to cover the map check fees under the current rate structure, sufficient funding is available to support the map check consultant fees. CHARTER CITY IMPLICATIONS: The City is not required to pay prevailing wages for these professional services since the funding source is locally generated. The California Supreme Court is in the process of reviewing this issue, but for the time being, the Charter City exemption from prevailing wage stands. BACKGROUND AND OVERVIEW: On March 5, 2002, City Council approved PSA's with Berryman & Henigar, Inc. and R.A.S.A. for on -call plan and map checking services, respectively, for a term to expire on June 30, 2003 with an option to extend the agreement an additional 30 days. Both consultants had previously provided plan and map check services for several years without a PSA. These PSA's have expired and need to be replaced. Prior to the expiration of this agreement and in accordance with the Consultant Selection Process as provided in City Resolution 98-80, City staff will solicit detailed proposals from qualified engineering and survey firms. This selection process will be followed in order to select the City's on -call plan check consultant(s) for a term of two (2) years for Fiscal Years 2003/2004 and 2004/2005. The RFP (Attachment 1) solicits proposals from qualified engineering and survey consultants to provide on -call plan and map checking services. It is staff's intent to establish a consortium of plan and map check consultants that will provide the desired services on an on -call basis. Improvement plans and subdivision maps will be distributed to consultants in the consortium on a non -binding rotational basis pursuant to criteria identified in the RFP. The City has relied on consulting firms to perform plan and map checking since the City's incorporation. Staff has identified several weaknesses in the practice of relying on a single firm for checking any given type of improvement plan or subdivision map. As a result, the multi -firm consortium concept was developed to strengthen the City's map and plan check program. The consortium concept should help the City maintain quality turnaround times in map and plan checking as the development workload fluctuates, and when occasional staffing changes occur in the consultant's office. 2 114 The recommended consultant selection committee consists of: • Steve Speer, Assistant City Engineer • Senior Engineer (position soon to be filled) • Brian Ching, Associate Engineer FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to distribute Request for Proposals for on -call plan and map checking services for a term of two (2) years for Fiscal Years 2003/2004 and 2004/2005; or 1. Do not authorize staff to distribute Request for Proposal for on -call plan and map checking services for a term of two (2) years for Fiscal Years 2003/2004 and 2004/2005; or 2. Provide staff with alternative direction. Respectfully submitted, 4othy R. o ass n P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Request for Proposals K 11 REQUEST FOR PROPOSALS ON -CALL PLAN AND MAP CHECKING SERVICES FOR FISCAL YEARS 2003/2004 AND 2004/2005 General Overview: The City of La Quinta requests proposals from qualified professional engineering, surveying, and landscaping consultants for the City's on -call plan and map checking services. It is the City's desire to establish a consortium of consulting firms that are highly proficient in checking maps and various types of improvement plans submitted for development projects located in the City of La Quinta. The City will select two or three firms in each of the following disciplines: civil/traffic, survey/mapping, landscaping, and EPA regulation. A firm need not propose on plan and map checking services in all disciplines, but may propose in as many disciplines as it is qualified to provide the requested services. It is anticipated that a Professional Services Agreement (PSA) will be executed between the City and the selected firms for a two (2) year term for Fiscal Years 2003/2004 and 2004/2005. Services Requested: Services and products to be rendered in performing all work associated with on -call plan and map checking services may include, but may not be limited to the following: Development of Map/Plan Check Checklists Consultants in the consortium must use City -approved plan check checklists to ensure consistency in their individual and collective practice. It should be noted, however, the City does not currently have approved checklists for all types of improvement plans and needs to develop additional checklists. A significant inducement for the City in selecting a consulting firm for inclusion in the map/plan-check consortium will be the consultant's demonstrated experience with checklists it has developed or used, and its willingness to provide assistance in developing City -approved checklists for plan types that it desires to receive when placed in the consortium rotation. All City -approved checklists will be made available for public distribution in Adobe Acrobat "pdf" format from the City's Online Engineering Library accessed through the City website. 4 116 The City currently has detailed checklists for the following types of plans: • rough grading • street improvements • storm drain improvements • precise grading & paving (commercial & multi -family residential only) Checklists for the following types of improvement plans need to be developed: • striping and signage plan sheets • traffic signals • meandering -undulating arterial street sidewalk plan sheets • median landscaping • EPA Regulation o PM 10 Dust Control (checklist & plan prototype) o SWPPP (checklist & plan prototype) Map/Plan Check Services The City reserves the right to depart from a strict rotational basis of distributing map/plan-check assignments to consultants in the consortium if, in the sole discretion of City staff, it is considered in the best interest of the City to assign any given map/plan-check item, or series of map/plan-check items, to another consultant in the consortium. Map/plan check items will be distributed and assigned to consulting firms in the consortium on a non -binding rotational basis in consideration of the following factors: 1) matching type of map/plan check item with consultant expertise 2) continuity with other plan check items for the same development 3) existing workload and continuity of consultant staffing 4) past performance regarding turnaround time, accuracy, and thoroughness 5) any relevant factor that impacts proficiency and quality of work product Any consultant given a plan check assignment will be expected to pick up and deliver map/plan check items to and from the La Quinta Civic Center at consultant's own expense either in person or via a courier. After a plan check is initiated by City staff, it is permissible to engage in direct exchange transmittal of plans and plan check comments with the design engineer that produced the plan, provided City staff is kept apprised daily of all transmittal activity via fax transmittal on a City -approved consolidated transmittal log. 117 S:\CITYMGR\STAFF REPORTS ONLY\C 5 RFP.DOC 5 The map/plan check supervisor of each consulting firm shall meet with City staff at least once per month, unless the meeting is waived by City staff, to confer on map/plan checking practice and procedures as well as project specific issues that may be of concern. Improvement plan checking includes the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City's right-of-way. The plans are reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards. Plan check services include, but are not limited to the following: • Grading Plans including mass grading, rough grading and precise grading plans • Review of Soils Reports to insure conformance with the grading plans • Street Improvement Plans including street widening, rehabilitation and new subdivision street plans • Storm Drainage Plans Hydrology and Hydraulic Calculations and Reports • Traffic Plans including signing and striping plans, traffic detour and traffic staging plans and signal plans • Engineer's Cost Estimate for the related items of work for bonding purposes • Engineering reports including the AQMD PM 10 dust control plans, Storm Water Pollution Prevention Control Plans and Special Traffic Reports • Review of precise grading and paving plans for commercial sites and multi -family sites where handicap/disabled accessibility requirements must be implemented to comply with state and federal law When practical, the plan reviewer will conduct a site review concurrently with the initial plan check to insure that the design appropriately reflects existing conditions. The suggested tasks of the plan checker are as follows: • To check for design conformance to: - Approved Tentative Map - Related Specific Plans - General Plan and City Ordinances - Conditions of Approval - City Standards - City's Subdivision Plan Check List S:\CITYMGR\STAFF REPORTS ONLY\C 5 RFP.DOC 6 113 Other Agency Requirements such as RCFCD, CVWD and Caltrans to review plans for sound engineering practices • To check for accuracy of design in conformance with the City's most current Plan Check List (the existing City -approved plan check checklists are available for downloading in Adobe Acrobat "pdf" format from the City's Online Engineering Library at www.la-quinta.org/publicworks/. Scroll to the Online Engineering Library hyperlink after retrieving this webpage) • To check general mathematics and design criteria • To call for redesign of any portion of plans that: - will not function due to poor engineering - is inconsistent with the Approved Tentative Map or Conditions of Approval - will be potentially unsafe to the public - is impractical to construct All plans shall be reviewed under the direct supervision of a California Registered Engineer. Map Check Services Subdivision Tract and Parcel Maps are reviewed under the supervision of a licensed land surveyor in the State of California for the procedure of survey review, mathematical closure, compliance with the Subdivision Map Act, the Land Surveyor's Act, the approved Tentative Map, the approved Conditions of Approval, and a current title report. The reviews include, but are not limited to, the review of survey documentation, lot and boundary closure calculations, dedications and easement provisions, legal descriptions and completeness and accuracy of data notation. Some of the specific items that are reviewed or checked are as follows: • Title Sheet Information • Current legal descriptions • Correct assessor's parcel being subdivided per the title report • Closure of subdivision boundary and individual lots • Verify lot areas • Check for correct mathematics • Proper delineation and identification of record data • All appropriate data in the title report is shown on the map • Proper reference to adjacent recorded maps is shown • Proper references and ties to found/set monuments are shown S:\CITYMGR\STAFF REPORTS ONLY\C 5 RFP.DOC • Calculated, recorded, and measured distances agree, or variances are noted on the map • Boundary tied to California Coordinate System, where required • Verify ownership shown on the map against the title report In addition to reviewing Tract and Parcel Maps, the consultant may be requested to review Lot Line Adjustment Documents and prepare legal descriptions and plats for the City for easements or rights of way. Schedule of Compensation The City's current fee schedules for plan and map checking services are outlined below. It is the City's intent to review the current fee schedule, and, if necessary, revise the fee schedule to be more consistent with industry standards and other local agencies. The consultant shall review and comment on the City's existing fee schedule and propose a fee schedule based on consultant's experience in other municipalities. As part of the proposal, please provide proposed methods of compensation for plan and map check services for evaluation. Alternatives may include: 1) Time and Material not to exceed, based upon an agreed upon hourly rate schedule; 2) Fixed Fee per plan sheet; or 3) A percentage of the estimated construction cost, or based on cubic yards of excavation. Other methods as presented will be reviewed. An evaluation of the proposed fee schedules will be made and a final fee schedule will be negotiated with the selected firm(s). Plan Checks Payment for plan checks has been set at a fixed fee rate of $750.00 per sheet based on the number of sheets submitted for plan check. This rate is compensation for up to three (3) complete plan checks. Payment for additional plan checks after the third check, or for special engineering reports including AQMD Dust Control Plans, Storm Water Pollution Prevention Plans and Traffic Reports, is made at an agreed upon rate schedule on a Time and Materials, Not to Exceed Basis for the actual hours. Map Checks Map checking fees are collected with the initial application submittal of the Final Map. Currently, the map check fees which are paid to the consultant for map check services are based on the following calculation: Tract Maps: $1,000 base fee plus $10 per lot Parcel Maps: $500 base fee plus $250 per parcel 1?0 S:\CITYMGR\STAFF REPORTS ONLY\C 5 RFP.DOC 8 Compensation for the first three plan/map checks is distributed as follows: First Plan Check 65 % of the Total Fee Second Plan Check 20% of the Total Fee Third Plan Check 15 % of the Total Fee Schedule of Performance Office Hours The consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. City holidays shall be observed. The consultant shall be available to meet with City Staff at the La Quinta Civic Center during normal working hours with 48 hours advanced notice. Schedule The consultant shall adhere to the following plan/map check schedule: Plan Submittal Plan and Map Check Turn -Around (From Receipt from City Staff) 1" Plan Check 10 Working Days 2nd Plan Check 10 Working Days 3d Plan Check 5 Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the 1st and 2nd plan/map check shall be provided, if necessary, to complete a thorough check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows (for plan checks only): 1 st Suhmittal Upon receipt of a complete submittal from the Developer, the City staff and the Plan Check consultant shall meet and conduct a "completeness" review of the plan submittal package. City staff will apprise the consultant of any special conditions or issues which will help the consultant in completing a thorough first plan check. The plan check package will be transmitted to the consultant to initiate the first review. The consultant shall complete the plan check and submit the "red lined" plans and a letter outlining the plan check comments directly to the design engineer. A copy of the plan check letter and transmittal shall be submitted to City staff for tracking purposes. A copy of the applicable 1 r�, 9S:\CITYMGR\STAFF REPORTS ONLY\C 5 RFP.DOC 1 �.. Plan Check List shall be submitted with the "red -lined" plans. Maps will be sent directly to the map check consultant. An initial meeting to review the map submittal is not normally required. 2"d and Subsequent Submittals The consultant shall coordinate plan/map checks directly with the design engineer through completion of the review. A final recommendation letter shall be submitted when the plans are in condition for approval. Maps will be signed by the consultant and submitted to the City with the recommendation letter. The consultant shall maintain a plan check log to track the plan check status. The plan check log shall include the following information: 1) Receipt Date 2) Transmittal Dates 3) Who is Receiving the Information 4) Status of Plan Check 5) Project Description and City Plan Check Number 6) Plan Check Fees Proposal Format Proposals are to be submitted in the envelope provided by the City, clearly marked with the consultant's name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before Friday, November 21, 2003 at 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Steven Speer, P.E., Assistant City Engineer City of La Quinta Public Works/Engineering Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Clearly indicate whether the proposal is for plan check services, map check services, or both. Proposals shall include the following items: 122 S:\CITYMGR\STAFF REPORTS ONLY\C 5 RFP.DOC 10 1 . Work Proposal - Submit 4 copies 2. Cover Letter: a. The name, address and phone number of the consultant's contact person for the remainder of the selection process. Indicate who will be responsible for the plan/map review. b. Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP, or the proposed contract. C. Identification of sub -consultants and their responsibilities. 3. Statement of Qualifications a. A listing of proposed project personnel, including personal experiences and resumes for prime and sub -consultants. b. Consultant's and sub -consultant experience with similar work, including names and current phone numbers of references for listed projects. 4. Project Understanding and Approach 5. Identify two improvement plan categories in which the City does not currently have an approved checklist (firms specializing in survey/mapping, or landscaping and are seeking inclusion in one category should list only one category) that your firm is willing to provide complimentary assistance in developing a City -approved plan check checklist. A description of your project understanding and how you will approach the plan/map check process. Demonstrate your ability or make recommendations to help expedite the plan check process. 6. Plan/Map Check Schedule and Fee Structure a. Address your company's ability to meet the desired plan/map check schedule as presented herein. Provide any suggestions or recommendations you might have in Iexpediting the process and in maintaining City/developer/consultant relationships. b. Provide your proposed fee schedule and method of compensation for review. The City is open to alternative methods for different types of plans. The various fee schedules and methods of compensation will be compared and reviewed with industry standards and local agencies. S:\CITYMGR\STAFF REPORTS ONLY\C 5 RFP.DOC 1 1 Selection Process The proposals will be reviewed by a Consultant Selection Committee ("Committee"). The Committee will rank the consultants for negotiations based upon the materials submitted within the Proposal. The Committee may chose to interview several closely ranked firms, but will not expect or schedule time for elaborate presentations. A final fee schedule/method of compensation will be negotiated with the selected firms. The successful consultant(s) will be expected to enter into a Professional Services Agreement for a period of two (2) years S:\CITYMGR\STAFF REPORTS ONLY\C 5 RFP.DOC 12 COUNCIL/RDA MEETING DATE: October 21, 2003 ITEM TITLE: Adoption of a Resolution of the City Council of the City of La Quinta Making and Updating Certain Findings Pursuant 'to Health and Safety Code Section 33445(a) Relating to the Development of the SilverRock Ranch Project RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: n CONSENT CALENDAR: '7 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council of the City of La Quinta (making and updating certain findings pursuant to Health and Safety Code Section 33445(a) relating to the development of the SilverRock Ranch project. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 15, 2002, the City Council made certain findings related to the acquisition of the Ranch property (since renamed the "SilverRock Ranch" project). On October 7, 2003, the Agency approved an updated budget related to the SilverRock Ranch project. In light of that approval, it is now appropriate to update the findings previously made at the onset of the project. The proposed Resolution accomplishes this task. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council of the City of La Quinta making and updating certain findings pursuant to Health and Safety Code Section 33445(a) relating to the development of the SilverRock Ranch project; or 2. Do not adopt a Resolution of the City Council of the City of La Quinta making and updating certain findings pursuant to Health and Safety Code Section 14 33445(a) relating to the development of the SilverRock Ranch project; or 3. Provide staff with alternative direction. Respectfully submitted, M. Katherine Jenson, City ey Approved for submission by: Thomas P. Genovese, City Manager 2 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA MAKING AND UPDATING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) AND CONSENTING TO THE EXPENDITURE OF FUNDS FOR THE DEVELOPMENT OF THE SILVERROCK RANCH PROJECT WHEREAS, on the 15th day of May, 2001, the La Quinta City Council (the "City Council") approved the 2001-02 Economic Development Plan which includes implementation policies supporting economic diversification, business expansion, economic protection and preservation, and recreational opportunities; and WHEREAS, the La Quinta Redevelopment Agency ("Agency") now owns 525 acres of property (the "SilverRock Ranch") located in La Quinta Redevelopment Project Area No. 1 (the "Project Area") which is suitable to attain the aforementioned objectives; and WHEREAS, on the 15th day of May, 2002, the City Council made findings pursuant to Health and Safety Code 33345 to approve use of funds from Redevelopment Project Area No. 1 to allow the Agency to complete activities related to acquiring the SilverRock Ranch and implementing the purchase agreement; and WHEREAS, the Agency has approved an updated budget and conceptual plan for the SilverRock Ranch project; and WHEREAS, the City Council now wishes to update its prior findings now that the budget and conceptual plans have been approved; and WHEREAS, the lack of recreational facilities and the prevalence of economic maladjustment were documented as conditions of blight that justified the formation of the Project Area, as cited in the October 1983 Report to the La Quinta City Council on the Proposed Redevelopment Plan for La Quinta Redevelopment No. 1; and WHEREAS, Section 518 of the Redevelopment Plan for La Quinta Redevelopment Project No. 1, as amended by Amendment No. 1, authorizes the Agency to purchase and improve property for park, recreation, cultural and community facilities; and WHEREAS, developing the SilverRock Ranch project would afford the Agency the opportunity to address some of the aforementioned conditions of blight; and 12-7 3 Resolution No. 2003- The SilverRock Ranch Adopted: October 21, 2003 Page 2 WHEREAS, there is inadequate funding within the City's General Fund or from other sources to develop the SilverRock Ranch project; and WHEREAS, it would be in the best interest of the public to continue to pursue development of the SilverRock Ranch project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California as follows: SECTION 1. The above recitations are true and correct and are adopted as the findings of the City Council. SECTION 2. Pursuant to Health and Safety Code Section 33445(a), the City Council finds and determines that: A. The continued development of the SilverRock Ranch project is of benefit to the Project Area and to the immediate neighborhood in which the SilverRock Ranch is located. B. No other reasonable means of financing the SilverRock Ranch project are available to the community. C. The payment of funds for the development of the SilverRock Ranch project will assist in the elimination of one or more blighting conditions inside the Project Area, including the lack of recreational facilities and opportunities, and is consistent with the Agency's implementation plan adopted pursuant to Section 33490. D. The City Council consents to the Agency appropriating and expending funds to implement the development of the SilverRock Ranch and ratifies all prior expenditures of such funds. E. This Resolution shall take effect from and after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of La Quinta, California held on the 21 st of October, 2003, by the following vote: 1�8 4 Resolution No. 2003- The SilverRock Ranch Adopted: October 21, 2003 Page 3 AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 5 OF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: October 21, 2003 BUSINESS SESSION: ITEM TITLE: CONSENT CALENDAR: Approval of Sun Line Agreement for the Sale of Sun Line Bus Passes STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the agreement with SunLine Transit Agency to sell bus passes at City Hall. FISCAL IMPLICATIONS: Per an agreement approved by Council February 6, 1996, SunLine bus passes are sold by the City. For providing this service, the City receives a fee per pass sold, and remits pass revenue to SunLine monthly. The new agreement (Attachment 1) provides for compensation to the City of $1.25 for each monthly pass sold; 50 cents for each ten -ticket book; and 25 cents for each day pass sold. For more than 50 passes sold in the month, commission increases to $2.00 per pass. The new commission rates are slightly higher than past rates. BACKGROUND AND OVERVIEW: Council approved an agreement with SunLine Transit Agency on February 6, 1996, providing for sale of bus passes at City Hall. The City provides this service as a convenience for City residents, and the arrangement has worked well over the past seven years. The small amount of commission is accounted for as General Fund revenue, in the Finance Department. The new agreement provides for an increase in the cost of bus passes, and also a slight increase in the amount of commission paid to the City. The SunLine Transit Agency is requesting that an updated agreement be approved. 130 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the agreement with SunLine Transit Agency for sale of bus passes at City Hall; or 2. Do not approve the agreement with SunLine Transit Agency for sale of bus passes at City Hall; or 3. Provide staff with alternative direction. Respectfully submitted, John M.\Falgbner, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments 1: Agreement for Sale of SunLine Bus Passes 131 sun��e 7BANS/T A6fNCY MEMBERS Desert Hot Springs Rancho Mirage Palm Springs Palm Desert Cathedral City Indian Wells La Quinta A Public Agency Agreement for the Sale of SunLine Bus Passes AGREEMENT NUMBER: Indio Coachella Riverside County THIS AGREEMENT is made and entered into this day of , 20 by and between SunLine Transit Agency ("SunLine"), a Joint Powers Authority and Public Agency, located at 32-505 Harry Oliver Trail, Thousand Palms, CA 92376 and (hereinafter referred to as "Seller"). WITNESSETH: In consideration of the services to be rendered by Seller and the compensation to be paid by SunLine as set forth in this Agreement, the parties agree as follows: ARTICLE I. STATEMENT OF WORK 1.1 Seller agrees to sell transit Passes (the word "Passes" as used in this Agreement shall be deemed to include monthly Passes, or other such fare media as SunLine may offer to thepublic) for SunLine at such rates as may be in effect from time to time at the location(s) listed in the first paragraph of this Agreement. All sales by Seller shall be final. Seller shall make no refunds or adjustments of sales. All Passes covered by this Agreement are identified in "Exhibit A" attached to and made a part of this Agreement, and as may be changed from time to time by SunLine. 1.2 Seller may cause to be displayed at Seller's expense on its premises such advertising matter as may be supplied by SunLine. 1.3 Seller shall properly file and maintain all printed material, time schedules, folders, circulars and bulletins supplied by SunLine and shall, to the best of its ability, furnish to the public complete and accurate information concerning SunLine's fare and route structures, and other general information. 1.4 Seller shall hold in trust for SunLine all Passes or other forms supplied by SunLine for use or sale. Seller shall hold in trust for SunLine all funds collected in the sale of Passes. Seller shall remit all unsold Passes plus the money so held in trust, less applicable commission, as provided in Article 5 of this Agreement. 1.5 The "Current Selling Period" is hereby defined as commencing on the fifteenth (15th) of the day of the month immediately preceding the effective month for the Passes and continuing through the fifteenth (15th) day of the effective month for such Passes. (i.e. the selling period for April Passes would be from March 15 through April 15). 1 H/PCTRAK'Marketing/Passes & Pass Outlets/Pass Sales Agreement 1-03 Revised (by SOD) 34. 32-505 Harry Oliver Trail, Thousand Palms, CA 92276 Ph 760. 343.3456 Fax 760. 343.3845 www. sunline, oAg ARTICLE 2. FIDUCIARY RELATIONSHIP 2.1 The relationship between SunLine and Seller is not that of debtor and creditor, but of trustee and beneficiary. All funds collected for the account of SunLine and all funds derived from the sale of Passes are at all times the property of SunLine. ARTICLE 3. INDEPENDENT CONTRACTOR 3.1 Seller is an independent contractor and not an employee or agent of SunLine within the meaning of any workers' Compensation Law, or any law which would entitle Seller to benefits arising out of any state or Federal employment or old age fund or similar law, or any right or privilege extended by SunLine to its employees. Seller's authority is limited to the purposes herein specified. Seller has no power to bind SunLine, by contract or otherwise, except as herein provided for the sale of transportation services for persons or property. ARTICLE 4. INDEMNITY 4.1 Seller shall be responsible for Passes delivered to it and money collected by it for SunLine, and will indemnify and save SunLine harmless from any loss whatsoever relating to such Passes and monies, whether occasioned by theft or otherwise. Unless approved in writing by SunLine in advance of any promotional use of Passes, Seller agrees to sell Passes at the retail price established in Exhibit A, and at no other price. ARTICLE 5. REPORTS 5.1 Seller shall render reports of sales of Passes, shall account for SunLine funds, and shall remit the proceeds of sales and all deposits and funds collected for the account of SunLine within thirty (30) days of the end of each Current Selling Period. The sequence of events under this Agreement shall be as follows: 5.1.1 Near the beginning of a Current Selling Period, SunLine personnel will deliver by certified mail Passes referable for that Current Selling Period. At the same time, Seller will return by mail to SunLine unsold Passes for the prior month. SunLine will thereafter render an invoice for sums due for Passes sold (or for which the vendor is otherwise responsible) during the prior Current Selling Period. The invoice will credit Seller with Seller's compensation for sales made the prior month. Payment of the invoice will be due within 30 days of the end of the prior Current Selling Period. ARTICLE 6. COMPENSATION 6.1 For Seller's full and complete performance hereunder, Seller shall receive as compensation for services to SunLine, a commission which is equal to: one dollar twenty five cents ($1.25) for each monthly pass sold; fifty cents (500) for each ten ticket 2 3 H/PCTRAWMarketing/Passes & Pass Outlets/Pass Sales Agreement 1-03 Revised (by SOD) book sold; and twenty five cents (250) for each day pass sold. SunLine shall deduct such commission from SunLine invoices to Seller. 6.2 For the sale of fifty (50) or more monthly passes during any reporting month, the commission rate increased to two dollars ($2.00) per pass. ARTICLE 7. INSPECTION OF RECORDS 7.1 Seller shall permit the authorized representative of SunLine, during reasonable hours, to examine as to amount, Passes and other property and funds of SunLine on hand, and to inspect and audit all records and accounts pertaining to sale of Passes as provided in this Agreement. Seller shall maintain such books, records, data, and documents according to generally accepted accounting principles and shall clearly identify and make such items readily accessible to SunLine during Seller's performance hereunder and for a period of three (3) years from the date of final payment to SunLine. ARTICLE 8. ASSIGNMENT 8.1 This Agreement may not be assigned or transferred by Seller without SunLine's • prior writtert consent. In the event of the death, dissolution, or disability of Seller, this Agreement shall terminate at the option of SunLine. ARTICLE 9. MODIFICATION 9.1 No modification of this Agreement shall be effective unless made in writing and signed by both parties. ARTICLE 10. TERM 10.1 This Agreement shall become effective on and shall continue in full force and effect until canceled by either party upon written notice to the other party at least thirty (30) days prior to the effective date thereof. 10.2 SunLine may terminate this Agreement earlier than thirty days notice for Seller's default if Seller breaches any material provisions of this Agreement and fails to cure such breach within ten (10) calendar days of receipt of written notice from SunLine. If SunLine terminates for default, Seller shall be obligated to SunLine for the retail value of all Passes allocated to it, less the commission for Passes sold, and shall remit full payment to SunLine within ten (10) calendar days of receipt of the Notice of Termination. 3 H/PCTRAN/Marketing/Passes & Pass OutleWMass Sales Agreement 1-03 Revised MY SOD) v A ARTICLE 11. SCHEDULING 11.1 No provision of this Agreement shall be construed to require SunLine to continue to operate any bus service to or from the facility of Seller or elsewhere during the term of this Agreement, and SunLine shall incur no liability to Seller by reason of any rerouting, rescheduling, discontinuing, or other changes in bus or other transit 'services operated by SunLine. ARTICLE 12. NOTIFICATION 12.1 All notices hereunder and communications with respect to this Agreement shall be effective upon the. mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows: TO SELLER: TO SUNLINE: ATTN: T. Telephone: ARTICLE 13. COMPLETE AGREEMENT SunLine Transit Agency 32-505 Harry Oliver Trail Thousand Palms, CA 92276 ATTN: Chief Financial Officer (760) 343-3456 13.1 This Agreement constitutes the complete and exclusive statement of the terms of the Agreement between SunLine and Seller with relation to the subject matter hereof and it supersedes all prior representations, understandings, and communications.. The invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other provision. 13.2 SunLine's failure to insist in any one or more instances upon the performance of any term or terms of this Agreement shall not be construed as a wavier or relinquishment of SunLine's right to such performance or to future performance of such a tern or terms, and Seller's obligation in respect thereto shall continue in full force and effect. Time shall be of the essence hereunder, but Seller shall perform work and make deliveries hereunder, only to the minimum extent consistent with delivery schedules and other requirements herein. 13.3 Changes hereto shall not be binding upon SunLine except when specifically confirmed in writing by an authorized member of SunLine's Administrative Staff. The issuance of information, advice, approvals, or instructions by SunLine's technical personnel or other representatives shall be deemed expressions of personal opinions 4 HMCTRAWMa&edng/Passes & pass outiewpass sales Agreement 1-03 Revised (by SOD) only and shall not affect SunLine's and Seller's rights and obligations under this Agreement. 13.4 Should any party hereto reasonably retain counsel for the purpose of enforcing or preventing the breach of any provision hereof, including, but not limited to, by instituting any action or proceeding to enforce any provision hereof, for damages by reason of any alleged breach of any provision hereof, for a declaration of such party's rights or obligations hereunder or for any other judicial remedy, then the prevailing party shall be entitled to be reimbursed by the losing party for all costs and expenses incurred thereby, including, but not limited to, reasonable attorneys' fees and costs for the services rendered to such prevailing party. IN WITNESS THEREOF, the parties hereto execute this Agreement on the day and year set forth above. SELLER: BY: 66 TITTLE: SUNLINE TRANSIT AGENCY TITLE: 5 1G H/PCTRAN/Markebng/Passes & Pass Outlets/Pass Sales Agreement 1-03 Revised (by SOD) "Exhibit A" (Page 1 of 2) (Attachment to Agreement for the Sale of Sunline Bus Passes) SunBus Pass Information • All passes are good for the calendar month printed on the face of the pass. • Passes are good for unlimited rides anywhere on SunBus only. • Passes are not valid on SunDial or SunLink. • Passes cannot be sold for more than the following amounts: Monthiv Passes: Regular $34 Student $24 Special $20 Day Pass $ 3 Ten Ticket Book $10 Go Pass (June, July, Aug) $30 tOnce a pass is sold, no refunds or partial credit can be given to the individual purchasing the pass. Fare Media/Pass Definitions: Regular Monthly Pass - Unlimited rides. Student Monthly Pass - Unlimited rides. For youths 18 years and under or currently enrolled students of any age. Proof of age or enrollment may be required to purchase or use the pass. Special Monthly Pass - Unlimited rides. For seniors (60 and over) or persons with disabilities. Proof of age or disability may be required to purchase or use the pass. Day Pass - Unlimited rides. No transfers are needed. Driver will punch pass to validate. Ten Ticket Book - No expiration date. Transfers are not included. Summer "Go Pass" - Unlimited rides for the months of June, July and August. For youths 18 years and under. 6 tt H/PCTRAN/Marketing/Passes & Pass Outlets/Pass Sales Agreement 1-03 Revised (by SOD) 1 ? 7 "Exhibit A" (Page 2 of 2) (Attachment to Agreement for the Sale of SunLine Bus Passes) Pass Procedures Passes will be sent by certified mail to the pass sales outlet in the middle of the month preceding the pass. Unsold passes for the current month must be returned to SunLine. Billing will follow by mail at the net pass cost. Seller will earn the following commissions for passes sold: Monthly Passes (Regular, Student, Special, and "Go Pass") $1.25 per monthly pass (For the sale of 50 or more total monthly passes, the commission rate increases to $2.00 per monthly pass.) Day Passes: 250 for each Day Pass Ten Ticket Books: 500 for each Ten -Ticket Book Seller is responsible for passes. Passes are just like money and must either be paid for or returned for credit. They will not be replaced. Should Seller require additional passes (beyond the previously ordered amount), they will be delivered as soon as possible. Materials will be provided to the pass sales outlet to help promote pass sales, including signage and advertising slicks. If you are interested in becoming a SunLine Pass Sales Outlet, or have any questions regarding pass sales outlet procedures, please call SunLine Transit Agency, at (760) 343-3456 or SunBus Customer Service 343-3451. 7 - H/PCTRAWMarketing/Passes & Pass Outlets/Pass Sales Agreement 1-03 Revised (by SOD) 1 „ Off' .�p • , OF TtZti9 COUNCIL/RDA MEETING DATE: October 21, 2003 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Acceptance of Improvements Associated with Tract No. 25389-2, La Quinta Fairways, RJT CONSENT CALENDAR: l Homes, LLC STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Accept improvements to Tract No. 25389-2, La Quinta Fairways, RJT Homes, LLC and authorize staff to release the Performance and any Warranty Securities filed with the City Clerk's Office for this tract. FISCAL IMPLICATIONS: None. Since no public improvements were included with this tract no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: This RJT Homes subdivision is located within the La Quinta Fairways development at the northwest corner of Calle Tampico and Park Avenue (Attachment 1). All improvements and other obligations under the Subdivision Improvement Agreement for Tract No. 25389-2 were completed several years ago. No outstanding claims exist for these improvements; therefore, the City Engineer recommends that any warranty bonds be returned to the developer upon acceptance of the improvements. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 25389-2, La Quinta Fairways, RJT Homes, LLC, and authorize staff to release all securities; or 2. Do not accept improvements to Tract No. 25389-2, La Quinta Fairways, RJT Homes, LLC, and do not authorize staff to release all securities; or 3. Provide staff with alternative direction. Respectfully submitted, Cimothy R. J na s n, P.E. Public Works Dir ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map TAMDEMCOUNCIL\2003\0ctober 21, 2003\25389-2.doc 2 AV 541 -v E ............ .. ....... . ...... • TR. NO, 25389-1 ATTACHMENT 1 TRACT NO. %7 253-oll 2 25M-q- GOLF COURSE mo LA AV NIDA T LAJ TR. NO. 28445 W CALLE TAMPICO Q t!�� aj. AVENIDA LA FONDR I � AVENIDA RUESTRA V'I�INiTY MAD (NO SCALE) WA COUNCIL/RDA MEETING DATE: October 21, 2003 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 25389-3, La Quinta Fairways, RJT Homes, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /01- STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 25389-3, La Quinta Fairways, RJT Homes, LLC and authorize staff to release the performance and any warranty securities filed with the City Clerk's Office for this tract. FISCAL IMPLICATIONS: None. Since no public improvements were included with this tract, no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: This RJT Homes, LLC subdivision is located within the La Quinta Fairways development at the northwest corner of Calle Tampico and Park Avenue (Attachment 1). All improvements and other obligations under the Subdivision Improvement Agreement for Tract No. 25389-3 were completed several years ago. No outstanding claims exist for these improvements; therefore, the City Engineer recommends that any warranty bonds be returned to the developer upon acceptance of the improvements. 14 020 \\n nAnMFS1\RharACI\ritvMnr\STAFF RFPnRTR nNl Y\1n-91-nq fnr FINAI RFPnRTS nNl Y\r 13.dnn FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 25389-3, La Quinta Fairways, R-IT Homes, LLC and authorize staff to release all securities; or 2. Do not accept improvements to Tract No. 25389-3, La Quinta Fairways, RJT Homes, LLC and do not authorize staff to release all securities; or 3. Provide staff with alternative direction. Respectfully submitted, 1 imothy R.J na n, P.E. Public Works Dire for/City Engineer Approved for submission by: (;) Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 14-3 T.\D1A/1'1C�T\/`l1l lwlr`11 \ni 7/1/171.1C70A 3 A^- ATTACHMENT 1 U 00 Ln CL ry � N Q w J i- U c() Z'o Z. 11t 4 3 0 01 6 11r1 n n .. . °�:�Quf,�c1w COUNCIL/RDA MEETING DATE: October 21, 2003 ITEM TITLE: Approval of Contract Change Order No. 13 to Lundeen Pacific Corporation to Maintain the Civic Center Campus Landscaping RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 13 STUDY SESSION: PUBLIC HEARING: Approve Contract Change Order No. 13 in the amount of $49,640.00 to Lundeen Pacific Corporation to maintain the Civic Center Campus Landscaping for Fiscal Year 2003/2004. A similar contract change order will be brought forward for consideration once the remaining landscaping is ready for acceptance. FISCAL IMPLICATIONS: None. The landscape maintenance is currently being paid from the Capital Improvement Program (CIP) to the construction contractor for this project. Upon approval of this Change Order, the costs will be shifted to the operating budget. Maintenance costs for the Civic Center Campus were included in the 2003/2004 Operating Budget, Landscape Lighting Maintenance Contract, Account. No. 101-454-609-000, therefore funding is available for this Contract Change Order. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In October 2002, the contractor for the Civic Center Campus, Terra -Cal Construction, Inc., completed the installation of all landscaping, including Bermuda grass stolons, as part of the Civic Center Campus improvements. The contract specifications require the contractor to maintain the landscape improvements for a period of one year; however, many of the trees and shrubs have died and/or become stressed during this 115 maintenance period. Staff recommends the turf areas only be accepted at this time while negotiations continue for replacements of the damaged landscaping and other outstanding items before the project is accepted. Upon acceptance the City will take over maintenance of the turf areas only while the rest of the project is prepared for acceptance. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Contract Change Order No. 13 the amount of $49,640.00 to Lundeen Pacific Corporation to maintain the Civic Center Campus Landscaping; or 2. Do not approve Contract Change Order No. 13 the amount of $49,640.00 to Lundeen Pacific Corporation to maintain the Civic Center Campus Landscaping; or 3. Provide staff with alternative direction. Respectfully submitted, limothy . on on, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Contract Change Order No. 13 2 146 ii 0000 N C� OF p CONTRACT: CONTRACTOR: LMC ,2000/2001 LUNDEEN PACIFIC CORPORATION CONTRACT CHANGE ORDER NO.13 Sheet 1 of 1 PROJECT NO. N/A ****************************************************************************************** Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated, all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE: Addition of the Civic Center Campus All of the following items of work will require attention on a daily basis: 1) Empty all trash receptacles, restore/replace liners as necessary; 2) Pick up trash and debris in landscaped areas and parkways; 3) Wash or wet wipe down all public seating areas including seat walls and park benches. All of the following items of work require attention on a weekly basis: 1) Keep all areas weed free; 2) Mow all turf areas; 3) Monitor and maintain irrigation system by means of operational testing. All other requirements of the 2000/2001 Landscape Maintenance Contract (LMC) shall apply. Turf A $0.11/sf Irrgation A $0.026/sf Annual Monthly Civic Center Campus La Fonda and Calle Tampico 365,000 sf = $40,150.00 365,000 sf = $9,490.00 $49,640.00 $4,136.67 Total Contract Compensation for this Contract Change Order is in the amount of $49,640.00 ****************************************************************************************** Previous Contract Amount Through Change Order No.12 Add this Change Order Revised Contract Total $558,146.28 49,640.00 $6079786.28 ****************************************************************************************** Submitted By: Date: Approved By: Date: We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as maybe noted above, and perform all services necessary to complete the above specified work; and hereby accept as full payment the amount shown above. Accepted By: Contractor: Lundeen Pacific Corporation Title: Date: 3 Al 4 F Cw� GIN, O COUNCIL/RDA MEETING DATE: October 21, 2003 ITEM TITLE: Consideration of an Ordinance of the City of La Quinta Authorizing an Amendment to the Contract Between the City Council of the City of La Quinta and the Board of Administration of the California Public Employees Retirement System Changing the Retirement Formula to2.5%at55 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Introduce an ordinance of the City of La Quinta authorizing an amendment to the contract between the City Council of the City of La Quinta and the Board of Administration of the California Public Employees' Retirement System changing the retirement formula to 2.5% at 55. 1. Move to take up Ordinance No. by title and number only and waive further reading. 2. Move to Introduce No. on the first reading. FISCAL IMPLICATIONS: The ordinance would implement an amendment to the City's current contract for retirement benefits with the California Public Employees Retirement System (CalPERS). As part of the contract amendment process, CalPERS requires disclosure of the costs identified in the actuarial valuation for the plan amendment. They are as follows: 1) Change in the Present Value of Benefits: $1,139,303 This figure is the amount that the City will pay over the working life of the City's current workforce upon approval of the contract amendment. 2) Change in the Accrued Liability: $570,961 This figure is the amount the City will pay for all current employees for all the previous service years accrued while at the City of La Quinta. This will be paid over a 20-year period. R 3) Change in the Total Employer Rate: 2.849% This is the City's rate change for 2003/04 . CaIPERS has notified the City that employer rate for FY 03/04 is 4.127% and the employee rate is 8%. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On September 16, 2003, the City Council approved a Resolution of Intention to amend the current contract with CaIPERS changing the retirement formula to 2.5% at 55. CaIPERS required an election among the current employees on the contract amendment which resulted in unanimous approval for this intended action. The final phase of the contact approval process is the adoption of an ordinance. This contract amendment is contained in the recently approved Memorandum of Understanding with the La Quinta City Employees Association. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Introduce an ordinance of the City of La Quinta authorizing an amendment to the contract between the City Council and the Board of Administration of CaIPERS changing the retirement formula to 2.5% at 55; or 2. Do not introduce an ordinance of the City of La Quinta authorizing an amendment to the contract between the City Council and the Board of Administration of CalPERS changing the retirement formula to 2.5% at 55; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager 2 140 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LA QUINTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. An amendment to the contract between the City Council of La Quinta and the Board of Administration of the California Public Employees' Retirement System is hereby authorized; a copy of said amendment being attached hereto, marked Exhibit A, and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City of La Quinta is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City. SECTION 3. This Ordinance shall take effect 30 days after its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the Desert Sun, a newspaper of general circulation in the City of La Quinta and thence from and thereafter the same shall be in full force and effect. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of October, 2003, by the following vote: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California K, :)- 0 Ordinance No. CaIPERS - 2.5% at 55 Adopted: October 21, 2003 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 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA 1 I, JUNE S. GREEK, City Clerk of the City of La Quinta, the foregoing to be a full, true, and correct copy of introduced at a regular meeting on the day of an, meeting held on the day of not being less than introduction thereof. California, do hereby certify Ordinance No. which was was adopted at a regular 5 days after the date of I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California 4 151 Ordinance No. CaIPERS - 2.5% at 55 Adopted: October 21, 2003 Page 3 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 , pursuant to Council Resolution. JUNE S. GREEK, City Clerk City of La Quinta, California 5 Ca1PERS California Public Employees' Retirement System 1 400000. , XXMEI1001kA0 AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of LaQuinta - - 014110. The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public . Agency, having entered into a contract effective December 16, 1983, and witnessed November 1, 1983, and as amended effective November 12, 1988, November 2, 1990, January 18, 1991, November 1, 1991 and June 7, 2002 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective June 7, 2002, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after December 16, 1983 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which bg express provisions thereof, apply only on the election of a contracting agency. . ;� tw ;n • .� O "EXHIBIT ONW 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. SAFETY EMPLOYEES. 5. The percentage of final compensation to be provided for each year of credited ,prior and current service as a local miscellaneous member in employment before and not on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354.4 of said Retirement Law (2.5% at age 55 Full). 7. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20938 (Limit Prior Service to Members Employed on Contract Date). b. Section 21573 (Third Level of 1959 Survivor Benefits). C. Section 20042 (One -Year Final Compensation). d. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. 8. Public Agency, in accordance with Government Code Section 20834, shall not be considered an "employer" for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20834, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20834. 9. Public Agency shall contribute to said Retirement System the contribution determined by actuarial valuations of prior and future service liability with v respect to local miscellaneous members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 11. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT 4 -STEM BY KENNETH W. MARZION, CHI ACTUARIAL & EMPLOYE VICES DIVISION PUBLIC EMPLOYEESIREMENT SYSTEM AMENDMENT ER# 1351 PERS-CON-702A (Rev. 8\02) day of , CITY COUNCIL`` CITY OF LAQUINTA� BY PRESIDING OFFIC ' Witness DaV fy 8 ;- Attest:.,,-,,,.r. 1 Clerk r ��r :Ojl- OF COUNCIL/RDA MEETING DATE: October 21 , 2003 ITEM TITLE: Consideration of Sponsorship of The Prestige at PGA West RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: 42 BUSINESS SESSION: C CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The City Council will be considering sponsorship levels that vary from $ 5,000 to $15,000. If the Council elects to sponsor The Prestige at PGA West golf tournament, , funds can be allocated from the Economic Development Media Promotion"account (#101-103-643-823), which has an available balance of $16,200. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development.„As part of the advertising offered in conjunction with the sponsorship packets, the sponsors are granted several 30-second television spots (local coverage via CBS -Channel 2). For the City of La Quinta, this would mean airing of the City's 30-second economic development spot. Due to an anticipated low rating on CBS2 however, staff feels the economic development returns would be minimal. BACKGROUND AND OVERVIEW: City staff received a request from Mark Weissman, Tournament Director of The Prestige at PGA West, for City sponsorship of The Prestige at PGA West golf tournament taking place November 1-4, 2003 at the La Quinta Resort & Club's \J Mountain Course (Attachment 1). On October 7, 2003, the City Council considered the request under "Written Correspondence" and referred the item to staff. In order to facilitate further Council consideration, staff has consulted with Kiner Goodsell Advertising, CBS2, and The Prestige at PGA West on this potential advertising investment. The request from The Prestige at PGA West ("The Prestige") includes two sponsorship proposals for the City's consideration. The proposals are summarized below with more detail contained in Attachment 1 (pages 8 and 9 of the staff report): Supporting Sponsor — $10,000 - Radio advertising (approximately 180 spots total on KPSI-AM, KDES-FM, and KGAM - City to be mentioned as sponsor and host city) - Newspaper advertising (four ads in The Desert Sun - City to be identified as sponsor and host city) - Television advertising (four, 30-minute programs on CBS2 to include: airing of City's 30-second economic development spot during each program plus an additional 60 seconds of City announcements per program; City logo positioning; and sponsor identification) - Signage, internet marketing, playing positions, dinner invitations, and tee packages Presenting Sponsor — $15,000 - Radio advertising (approximately 180 spots total on KPSI-AM, KDES-FM, and KGAM - City to be mentioned as sponsor/host city) - Newspaper advertising (four ads in The Desert Sun - City to be identified as sponsor and host city) - Television advertising (four, 30-minute programs on CBS2 to include: airing of City's 30-second economic development spot during each program plus an additional two minutes of City announcements per program; City logo positioning; and sponsor identification) - Signage, internet marketing, playing positions, dinner invitations, and tee packages (enhanced in comparison to Supporting Sponsor) Subsequent to his written request, Mr. Weissman informed staff of an alternative sponsorship level, which is described in The Prestige brochure (Attachment 2): Contributing Sponsor — $ 5,000 - Newspaper advertising (City to be identified as sponsor and host city in four ads in The Desert Sun - radio and television do not apply) - Signage, playing positions, dinner invitations, and tee packages 2 Relying on the professional expertise of Kiner Goodsell Advertising, staff evaluated each sponsorship level solely on its advertising value. To that end, the cost for every advertising medium was adjusted to reflect that, in most cases, the City of La Quinta would only be mentioned or identified, not represented exclusively. For example, one of The Prestige %-pageads in The Desert Sun may cost roughly $1,000, but the value of that ad to the City would be significantly lower given the ad is not entirely dedicated to the City of La Quinta. This being said, the estimated advertising values determined for each sponsorship level are as follows: Contributing Sponsor - $1,000; Supporting Sponsor - $4,130; and Presenting Sponsor - $6,130. The values of the items which are further removed from direct advertising are difficult to quantify. Some of those items include economic benefits the City may yield, less tangible promotion of the City, and support for a college/community event. The value of the packages may very well increase depending on the significance placed on these other items. For example, Mr. Weissman recently informed staff that, as a sponsor, the City would be able to provide informational material for distribution to event participants including players, corporate sponsors, business leaders, and out-of-town guests. The Prestige at PGA West is a non-profit event that involves top universities around the nation. It was held in the City of La Quinta last year, but prior to coming here it was held at Desert Willow in the City of Palm Desert. Mr. Weissman informs staff that the City of Palm Desert supported the event with $20,000 ($5,000 cash; $15,000 in -kind, e.g., the golf course). Palm Desert, however, received the added value of exposure given the tournament was played on its own public course (similar to what La Quinta may realize in the future at SilverRock Ranch). Mr. Weissman has advised he will be in attendance to answer any questions the Council may have or provide further information on the event. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve sponsorship for The Prestige at PGA West golf tournament in the amount of $5,000 (Contributing Sponsor); or 2. Approve sponsorship for The Prestige at PGA West golf tournament in the amount of $10,000 (Supporting Sponsor); or 3. Approve sponsorship for The Prestige at PGA West golf tournament in the amount of $15,000 (Presenting Sponsor); or K3 4. Do not approve sponsorship for The Prestige at PGA West golf tournament; or 5. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Request for Sponsorship from The Prestige at PGA West 2. The Prestige at PGA West Brochure 4 J! Attachment 1 September 19, 2003 17A Mr. mark Weiss Assistant City manager City of La Quinta A NATIONAL P.O. Box 1504 1 NTH RC0I.I'I:,GIxI-F La Quints, CA 92253-1504 INMI ITAI I O N A L Dear Mr. Weiss, La Quinta consider the - that the city of L K4M I I-DERG KRAVIS We are requesting oppo rtunity to sponsor the nation's pre-eminent The Prestige at PGA WEST. GINA C*Ark It I '113 i 44 I'll ;1 .1 W4 -M collegiate golf event, N I KI K.SL Hrwl.rrr PACKARD Background The Prestige at PGA WEST will be staged for the fourth consecutive year. in 2000 and 2001, the tournament was initial1y called The Prestige at palm Desert. During this time period, the City of Palm Desert indicated their satisfaction as a sponsor of the event that was held ',%V„ lWo Willow Goff Resort. at Desert V .A Q t"111'*'1 A decision was made to move the tournament in 2002 to PGA the La Quinta Resort and PGA WEST because of the fact that there was a special opportunity to do so since Kohlberg Kravis Roberts and Company is a majorsponsorof the for 14. *R1 tournament and is also the investment holding company KSL Corp. KSL through that the Objectives of The ,TANFORD k.J',41VLP,1;ITV pregige fit KSL"s community and marketing efforts and .141 F LN INIF RS In of CAt I FoRN IA. D AVI S thus a strong relationship was developed' NOVINBUR 2.3. & 4.2003 In 2003, the La Quinta Resort Mountain Course became the 2003 2004 Prestige at PGA WEST. The venue for the and La Quinta Resort Hotel for the second consecutive year will be the "official" hotel for the event that draws p.(). Bt-lx 1082315 major universities that are amongst the top 100 have excellent 90 if 11AIM DI -SF Ill. universitim based on academics and Additionally, The prestige at PGA WEST reaches l7tA)l 202 333-1 team. out to major corporate sponsors whose senior management attends this event. Such companies as: Charles Schwab, Nike Golf; GEM Car Division of Daimler -Chrysler, Avis are Presenting Sponsors of The Prestige at PGA WEST. Mike Shannon, President of KSL Corporation has been supporter of The prestige at PGA WEST and a strong participates in this event. 5 1 G 0 A A NATIONAL IN7FRC6I.I.fGIAI'E INVFIAI IONAL 1INt-1XtiItIkv KOIILRERG KRAVIS 1%'OI%Frl:c&C0. GINI CAR r:11%4 r. nan+.[, 11?6%1:n•.IH01i NIKI BOLE tirwurr rA(:KARn ten. !' Ili• r. a,D .� .. t:t I -e .•t i:.t PGA WFLIM �TAN rORD LINIV[ R•IT• TI-IF ONIVFRSITY OF CAI IFORNIA. 11INVI+ NOVT:MBCR 2.3. h 4.2003 P.O. BOX 10823 I*AlAt I*SF KI. CA MA) 1 202 .333 -I At1YX&iKTG&0VFR17%'N.NET Additionally, many amateur players from throughout the nation that are supporters of one or more of the universities that are participating come to La Quinta for this event as well as families and friends of the top collegiate players who participate. La Quinta Benefits in ManyWays The Prestige at PGA WEST is positively helping to generate both income and exposure for La Quinta through the following: 1. In 2002, 256 room nights were used by The Prestige at PGA WEST during the event, according to information from the La Quinta Resort. 2. Those attending The Prestige at -PGA WEST including the teams and their supporters enjoyed meals at various La Quinta area restaurants. 3. Other related purchases were made in La Quinta during The Prestige at PGA WEST event at such entities as golf shops, grocery stores, gas purchases, etc. 4. The Prestige at PGA WEST has found that those people traveling from outside of the Coachella Valley are looking at real estate and possible business investments in La Quinta. Many companies that participate in The Prestige at PGA WEST have stated that they would like their company to consider having meetings and conventions in La Quinta. 5. In related media support, The Prestige at PGA WEST generates millions of impressions for La Quinta through related media efforts. Through newspaper, television, radio and Internet related tournament efforts, The Prestige at PGA WEST is incorporating La Quinta in media releases. The tournament is featured by nearly all of the universities participating in their related website and the tournament website is linked to the schools as well as the participating sponsors C� 161 A NATIONAL IN-r1-11COI.I.I GIA 1 NVFI A I ZONAL 1110 '.1 % 1 I P W K01ILFIFRG KRAVIN ROPIFRI:S K C.P. ULM CAR .i!Ii lhln ihl Mittiv.�nau�,ieiur:Fu•cltarit� NIKI: (TOLE ILA KISORUN H rivun PA(:KARn CO r,:t1R.1: t o I M.'IN IA %It WN t AIN I COPRA PGA 117i'i l: �TANFORV UNIYL' SITY THI UNiVFRSM OF C:AI IF ANIA. nwlc NOVEMBER 2. 3. & 4. 2003 PO. ROX 10823 I'MM M..SFRf. cA9 25% t7l,01 202 aJ -1 &J%%1XMKTG1�0VER170N.N ET www.prestige-pgawest.com Proposal for La Quinta Enclosed please find two proposals for the City of La Quinta to consider in conjunction with a sponsorship of the 2003 Prestige at PGA WEST. The proposals include media related and tournament related elements including television exposure over CBS -TV, radio over three Coachella Valley radio stations and newspaper exposure in The Desert Sun as well as The Prestige at PGA WEST website. The Prestige at PGA WEST has non-profit status under the University of California Regents who this event has been developed through in conjunction with Stanford University. Additionally included is the 2003 Prestige tournament brochure along with the statistics and selected newspaper and Internet articles with regards to the 2002 Prestige at PGA WEST. Thank you for your review; I am available to meet or discuss this proposal and clarify or answer any questions you may have. Sincerely, L 4 444L Mark Weissmann Tournament Director/Co-Founder The Prestige at PGA WEST (760)202-3334 mwa. mktagverizon. net e 7 1 'r) r N C cc C _ca fl. ecs N C CO CO O C N N �'' O L U E �- a) = U -p v a) 0 .� a),C co C N O a) L CD C Q. 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E-4 w `o -c � s O E a- �� L _ c O CD crn•a-v, c`icoma�a a c c= �a +O• L c Qo O Nz 0O=.�a 0 CM r- A2 (D E r— .0 CL = d) 0 0.- LCM'cL (n Oa cu o a.Y > >rn�.c E z c:r E•o�Qa°. �� w °' o.o.Ea. Z o ° ° E ° a, UGC N � E 0 � O to Z a°r a)w cm Q cN LN y� L c 0H ,-0a_� Ri L i N �"� �' a Z e- t .0 I— W 'p N= 3\ y cm L Z L to PO CL •� QN EU> UEN O a ac L cn O a. ch 05 F- a. -_3 a. o:_ COo E o���0000000 O 000 0 O O O cu ND C = Q V V 4-J Q lk •� . Z z N�- v- x a '�•...) C� W 1 Z z 'z tc 4 s s ..r � � f f1� Fr f s` �� •, 1 1 NATIO NAL 1 N T '3 ff-7- "-,2 ` L L E9. 1 � � .4, T E November 2-5, 2002 La 2uinta Resort Mountain Course La 2uinta, California Presented by r KOHLBERG KRAVIS ROBERTS & CO. GEM (The Official Neighborhood Electric Vehicle) NIKE GOLF KSL RESORTS RM SPORT AVIS AOL PGA WEST 5 The 2002 Prestige at PGA WEST Schedule of Events Saturday, November 2 2 pm The Prestige at PGA WEST Junior Clinic Presented by Titleist and RM Sport Sunday, November 3 7 am Practice round for collegiate players not participating in College -Am. 11:30 am The Prestige College -Am (shotgun start) 6 pm The Prestige at PGA WEST Celebration Awards Dinner and Prestige at PGA WEST Silent Auction. Monday, November 4 6:15 am Range opens 7:30 am First/second rounds continuous play (Shotgun start) Tuesday, November 5 6:15 am Range opens 7:30 am Third round (shotgun start) 12:30 pm Lunch buffet for players and coaches 11 1�1 The 2002 Prestige at PGA WEST Participating Teams UC Davis Stanford University (#89) Coach Cy Williams Coach Jeff Mitchell 1. Jay Westerlund 1. Jim Seki 2. Eric Restrepo 2. Ron Won 3. Taylor Neal 3. Del DeWindt 4. Scott Gordon 4. George Downing UCDAVIS 5. Brett Borchers A G G I E S 5. Kyle Gentry UC San Diego Coach Mike Wydra 1. Alan Scheer 2. Robbie Kramer R 3. Jan Godoski 4. Ryo Yamada ' 5. Joe Dolby Air Force Academy University of Oregon (#52) UC Santa Barbara Coach George Koury Coach Steve Nosier Coach Steve Lass 1. Adam Wasinger 1. John Ellis 1. Jeff Di Tullio 2. Jarett Hamamoto tee. 2. Chris Carnahan �, 2. Jeff Linklater 3. Brandon Daum t 3. Mike Sica 1 f 3. Joe Ramos r"....,.........,. 4. Adam Myers 4. Jimmy White 4. Scott Linklater 5. Daryl McCoy 5. Gregg LaVoie ��'' 5. Greg Wells University of Colorado (#76) Coach Mark Simpson 1. Edward McGlasson 2. Jeff Hanson 3. Stephen Carroll 4. Derek O'Neil 5. Blake Moore Ae UC Irvine (#39) Coach Paul Smolinski 1. Mike Lavery 2. Vinnie Poncino 3. Jeff Coburn 4. Ryan Armstrong 5. Jay Choe University of Kansas (#42) Coach Ross Randall 1. Chris Marshall 2. Tyler Hall 3. Andrew Price 4. Pete Krsnich 5. Jason Sigler UCLA (#10) Coach O.D. Vincent 1. Roy Moon 2. Sang-Eun Ji 3. John Poucher 4. Spencer Levin 5. John Merrick University of the Pacific (499) Coach Jason Preeo 1. Matt Hansen 2. Ben Scribner 3. Brian Edick 4. Miles Kirkpatrick 5. Matt Kern Pepperdine University (#24) Coach John Geiberger 1. Brian O'Flaherty 2. Michael Putnam 3. Chris Elliott 4. Randy Creighton 5. David Fern Rice University Coach Clay Homan I. Parker LaBarge 2. Winn Smith 3. Ryan Morgan 4. Scott Philips 5. Matt Toohey - University of San Diego Coach Tim Moher I. Berry Henson 2. Dave Isaacson 3. Tim Cureton 4. Preston Lancaster 5. Mike Shelly ( ) - GoyWeeh Division I national ranking at time of tournament Texas Christian Univ. (#7) Coach Bill Montigel 1. David Schultz 2. Colby Beckstrom 3. J J. Killeen 4. Adam Rubinson 5. Stephen Polanski Vanderbilt University (#14) Coach Press McPhaul 1. Brandt Snedeker 2. Lance Goodson 3. Craig Dunlap 4. Mark Donnell vltv 5. Ben McClung Univ. of Washington (#21) Coach Matt Thurmond 1. Brock Mackenzie 2. Dan Potter 3. John Robertson 4. Conner Robbins 5. Rick Doerr Yale University Coach Dave Paterson 1. Neel Williams 2. Steve Gray IN- wipli 3. Alex Fulton ` 4. Andrew Vitt Z 5. Brian Kim WN 12 I�f The Prestige At PGA WEST Final Results 13 IE8 FINAL RESULTS The Prestige at PGA WEST LaQuinta-Mountain Course LaQuinta, CA Dates: 11/04 - 11/05 (Today:11-05-2002) Par: 72 Yardage: 6841 Fin. School Scores 1 TCU 284 287 282 853 -11 2 UC-Irvine 286 296 286 868 +4 3 Pepperdine*Univ. 299 286 288 873 +9 4 UCLA 292 293 292 877 +13 5 Vanderbilt Univ. 295 291 294 880 +16 6 Kansas, U. of 300 286 296 882 +18 Washington, U. of 292 298 292 882 +18 8 UC Davis 293 292 301 886 +22 9 San Diego, U. of 301 295 295 891 +27 10 Oregon, U. of 304 293 297 894' +30 11 Stanford University 298 300 301 899 +35 12 Pacific, U. of the 291 299 311 901 +37 13 Rice University 301 300 301 902 +38 Yale University 298 313 291 902 +38 15 Colorado, U. of 311 292 301 904 +40 16 UC-Santa Barbara 304 310 308 922 +58 17 UC San Diego 303 303 319 925 +61 18 Air Force 302 317 315 934 +70 GOLFSTAT COLLEGIATE SCORING SYSTEM Developed by: Mark Laesch, Golfstat COPYRIGHT (C) 2001, All Rights Reserved, Golfstat Check out Stats, Scores, and More: www.GOLFSTAT.COM 14 FINAL RESULTS Fin. 1 2 T 6 T 6 T 25 T 42 2 5 T 18 T 18 T 25 T 33 3 T 6 T 15 T 23 T 33 T 45 4 T 9 T 23 T 33 T 33 T 39 5 3 T 28 T 48 T 48 T 56 T 6 1 T 9 T 52 T 64 76 T 6 T 12 T 18 T 28 T 56 T 73 The Prestige at PGA WEST LaQuinta-Mountain Course LaQuinta, CA Dates: 11/04 - 11/05 (Today:11-05-2002) Par: 72 Yardage: 6841 School Scores TCU 284 287 282 853 Adam Rubinson 72 68 68 208 David Schultz 68 73 73 214 J.J. Killeen 71 72 71 214 Stephen Polanski 73 74 74 221 Cobly Beckstrom 79 76 70 225 UC-Irvine 286 296 286 868 Jay Choe 69 73 71 213 Mike Lavery 70 74 75 219 Ryan Armstrong 73 76 70 219 Jeff Coburn 75 73 73 221 Vinnie Poncino 74 77 72 223 Pepperdine Univ. 299 286 288 873 Chris Elliott 77 68 69 214 Michael Putnam 73 75 70 218 Brian O'Flaherty 75 70 75 220 David Fern 76 73 74 223 Randy Creighton 75 76 75 226 UCLA 292 293 292 877 Spencer Levin 70 74 71 215 Sang-Eun Ji 75 71 74 220 John Poucher 75 75 73 223 John Merrick 73 73 77 223 Roy Moon 74 76 74 224 Vanderbilt Univ. 295 291 294 880 Brandt Snedeker 71 69 71 211 Craig Dunlap 78 71 73 222 Lance Goodson 77 77 73 227 Ben McClung 75 74 78 227 Mark Donnell 72 80 77 229 Kansas, U. of 300 286 296 882 Chris Marshall 70 67 70 207 Tyler Hall 72 73 70 215 Andrew Price 79 73 76 228 Pete Krsnich 79 73 80 232 Jason Sigler 80 75 81 236 Washington, U. of 292 298 292 882 Brock Mackenzie 72 72 73 217 John Robertson 74 72 73 219 Dan Potter 77 75 70 222 Conner Robbins 71 82 76 229 Rick Doerr 75 79 80 234 15 GOLFSTAT COLLEGIATE SCORING SYSTEM Developed bv: Mark Laesch, Golfstat(' FINAL RESULTS The Prestige at PGA WEST LaQuinta-Mountain Course LaQuinta, CA Dates: 11/04 - 11/05 (Today:11-05-2002) Par: 72 Yardage: 6841 Fin. Name School Scores 1 Chris Marshall Kansas 70 67 70 207 --9 2 Adam Rubinson" TCU 72 68 68- 208 -8 3 Brandt Snedeker Vanderbilt 71 69 71 211 -5 4 Jim Seki Stanford 69 71 72 212 -4 5 Jay Choe UC-Irvine 69 73 71 213 -3 6 David Schultz TCU 68 73 73 214 -2 Chris Elliott Pepperdine 77 68 69 214 -2 J.J. Killeen TCU 71 72 71 214 -2 9 Tyler Hall Kansas 72 73 70 215 -1 Spencer Levin UCLA 70 74 71 215 -1 11 Berry Henson San Diego 77 69 70 216 E 12 Brock Mackenzie Washington 72 72 73 217 +1 Derek O'Neill' Colorado 71 73 73 217 +1 Scott Philips Rice 71 71 75 217 +1 15 Neel Williams Yale 72 76 70 218 +2 Michael Putnam Pepperdine 73 75 70 218 +2 Gregg LaVoie Oregon 70 71 77 218 +2 18 Jay Westerlund UC Davis 73 71 75 219 +3 Mike Lavery UC-Irvine 70 74 75 219 +3 John Robertson Washington 74 72 73 219 +3 Ryan Armstrong UC-Irvine 73 76 70 219 +3 Scott Gordon UC Davis 75 72 72 219 +3 23 Brian O'Flaherty Pepperdine 75 70 75 220 +4 Sang-Eun Ji UCLA 75 71 74 220 +4 25 Jeff Coburn UC-Irvine 75 73 73 221 +5 Tim Cureton San Diego 70 76 75 221 +5 Stephen Polanski TCU 73 74 74 221 +5 28 Matt Hanseii� Pacific 67 78 77 222 +6 Dan Potter"' Washington 77 75 70 222 +6 Steve Gray Yale 73 77 72 222 +6 Craig Dunlap Vanderbilt 78 71 73 222 +6 Brian Edick Pacific 71 73 78 222 +6 33 Vinnie Poncino UC-Irvine 74 77 72 223 +7 Winn Smith Rice 75: 75 73 223 +7 GOLFSTAT COLLEGIATE SCORIft SYSTEM 16 Developed by: Mark Laesch, Golfstat �►'t COPYRIGHT (C) 2001, All Riqhts Reserved, Golfstat FINAL RESULTS The Prestige at PGA WEST LaQuinta-Mountain Course LaQuinta, CA Dates: 11/04 - 11/05 (Today:11-05-2002) Par: 72 Yardage: 6841 Fin. Name School Scores 33 John Poucher UCLA 75 75 73 223 +7 Adam Myers Air Force 74 75 74 223 +7 David Fern Pepperdine 7673 74 223 +7 John Merrick .UCLA 73 73 77 223 +7 39 John Ellis Oregon 79 74 71 224 +8 Roy Moon UCLA 74 76 74 224 +8 Ben Scribner Pacific 74 70 80 224 +8 .42 Cobly Beckstrom TCU 79 76 70 225 +9 Chris Carnahan Oregon 77 74 74 225 +9 Taylor Neal UC Davis 72 74 79 225 +9 45 Ron Won Stanford 76 74 76 226 +10 Joey Ramos UC-SaBarba 73 77 76 226 +10 Randy Creighton Pepperdine 75 76 75 226 +10 48 Lance Goodson Vanderbilt 77 77 73 227 +11 Eric Restrepo UC Davis 76 76 75 227 +11 Stephen Carroll Colorado 79 71 77 227 +11 Ben McClung Vanderbilt 75 74 78 227 +11 52 Alan Scheer UCSD 76 77 75 228 +12 Jeff Hanson Colorado 74 78 76 228 +12 Andrew Price Kansas 79 73 76 228 +12 Preston Lancaster San Diego 77 75 76 228 +12 56 Conner Robbins Washington 71 82 76 229 +13 Mark Donnell Vanderbilt 72 80 77 229 +13 Brett Borchers UC Davis 73 75 81 229 +13 59 Adam Wasinger Air Force 74 78 78 230 +14 Jimmy White Oregon 81 74 75 230 +14 Brian Kim Yale 78 80 72 230 +14 62 Robbie Kramer UCSD 76 78 77 231 +15 Del de Windt Stanford 72 78 81 231 +15 64 Edward McGlasson Colorado 87 70 75 232 +16 David Isaacgon San Diego 83 75 74 232 +16 Alex Fulton Yale 75 80 77 232 +16 Pete Krsnich Kansas 79 73 80 232 +16 Kyle Gentry Stanford 81 79 72 232 +16 69 Jeff Di Tuilio UC-SaBarba 77 79 77 233 +17 Ryan Morgan Rice 80 78 75 233 +17 Matt Toohey Rice 78 77 78 233 +17 Greg Wells UC-SaBarba 78 74 81 233 +17 17 GOLFSTAT COLLEGIATE SCORING SYSTEM Developed bv: Mark Laesch, Golfstat FINAL RESULTS The Prestige at PGA WEST LaQuinta-Mountain Course LaQuinta, CA Dates: 11/04 - 11/05 (Today:11-05-2002) Par: 72 Yardage: 6841 Fin. Name School Scores 73 Mike Sica Oregon 78 77 79 234 +18 Matt Kern Pacific 79 79 76 234 +18 Rick Doerr Washington 75 79 80 234 +18 76 Jason Sigler Kansas 80 75 81 236 +20 77 Parker LaBarge Rice 77 77 83 237 +21 Jeff Linklater UC-SaBarba 83 80 74 237 +21 Jan Godoski UCSD 72 73 92 237 +21 Miles Kirkpatrick Pacific 79 78 80 237 +21 Michael Shelly San Diego 77 79 81 237 +21 82 Scott Linklater UC-SaBarba 76 80 82 238 +22 83 Ryo Yamada UCSD 80 75 84 239 +23 84 Jarett Hamamoto Air Force 77 82 81 240 +24 85 George Downing Stanford 81 77 83 241 +25 86 Brandon Daum Air Force 77 84 82 243 +27 87 Joe Dolby UCSD 79 84 83 246 +30 88 Andrew Vitt Yale 82 83 83 248 +32 Daryl McCoy Air Force 83 82 83 248 +32 90 Blake Moore Colorado 90 80 82 252 +36 GOLFSTAT COLLEGIATE SCORING SYSTEM Developed by: Mark Laesch, Golfstat COPYRIGHT (C) 2001, All Rights Reserved, Go3.#-stat Check out Stats, Scores, and More: www.-4SQL-FSTAT.COM FINAL RESULTS The Prestige at PGA WEST LaQuinta-Mountain Course LaQuinta, CA Dates: 11/04 - 11/05 (Today:11-05-2002)' Par: 72 Yardage: 6841 Fin. School Scores 8 UC Davis 293 292 301 886 T 18 Jay Westerlund 73 71 75 219 T 18 Scott Gordon 75 72 72 219 T 42 Taylor Neal 72 74 79 225 T 48 Eric Restrepo 76 76 75 227 T 56 Brett Borchers 73 75 81 229 9 San Diego, U. of 301 295 295 891 11 Berry Henson 77 69 70 216- T 25 Tim Cureton 70 76 75 221 T 52 Preston Lancaster 77 75 76 228 T 64 David Isaacson 83 75 74 232 T 77 Michael Shelly 77 79 81 237 10 Oregon, U. of 304 293 297 894 T 15 Gregg LaVoie 70 71 77 218 T 39 John Ellis 79 74 71 224 T 42 Chris Carnahan 77 74 74 225 T 59 Jimmy White 81 74 75 230 T 73 Mike Sica 78 77 79 234 11 Stanford University 298 300 301 899 4 Jim Seki 69 71 72 212 T 45 Ron Won 76 74 76 226 T 62 Del de Windt 72 78 81 231 T 64 Kyle Gentry 81 79 72 232 85 George Downing 81 77 83 241 12 Pacific, U. of the 291 299 311 901 T 28 Matt Hansen 67 78 77 222 T 28 Brian Edick 71 73 78 222 T 39 Ben Scribner 74 70 80 224 T 73 Matt Kern 79 79 76 234 T 77 Miles Kirkpatrick 79 78 80 237 T 13 Rice University 301 300 301 902 T 12 Scott Philips 71 71 75 217 T.33 Winn Smith 75 75 73 223 T 69 Ryan Morgan 80 78 75 233 T 69 Matt Toohey 78 77 78 233 T 77 Parker LaBarge 77 77 83 237 T 13 Yale University 298 313 291 902 T 15 Neel Williams 72 76 70 218 T 28 Steve Gray 73 77 72 222 T 59 Brian Kim 78 80 72 230 T 64 Alex Fulton 75 80 77 232 T 88 Andrew Vitt 82 83 83 248 19 GOLFSTAT COLLEGIATE SCORING SYSTEM 174 Developed bv: Mark Laesch, Golfstat FINAL RESULTS The Prestige at PGA WEST LaQuinta-Mountain Course LaQuinta, CA Dates: 11/04 - 11/05 (Today:11-05-2002) Par: 72 Yardage: 6841 Fin. School Scores 15 Colorado, U. of 311 292 301 904 T 12 Derek O'Neill 71 73 73 217 T 48 Stephen Carroll 79 71 77 227 T 52 Jeff Hanson 74 78 76 228 T 64 Edward McGlasson 87 70 75 232 90 Blake Moore 90 80 82 252 16 UC-Santa Barbara 304 310 308 922 T 45 Joey Ramos 73 77 76 226 T 69 Jeff Di Tuilio 77 79 77 233 T 69 Greg Wells 78 74 81 233 T 77 Jeff Linklater 83 80 74 237 82 Scott Linklater 76 80 82 238 17 UC San Diego 303 303 319 925 T 52 Alan Scheer 76 77 75 228 T 62 Robbie Kramer 76 78 77 231 T 77 Jan Godoski 72 73 92 237 83 Ryo Yamada. 80 75 84 239 87 Joe Dolby 79 84 83 246 18 Air Force 302 317 315 934 T 33 Adam Myers 74 75 74 223 T 59 Adam Wasinger 74 78 78 230 84 Jarett Hamamoto 77 82 81 240 8'6 Brandon Daum 77 84 82 243 T 88 Daryl McCoy 83 82 83 248 GOLFSTAT COLLEGIATE SCORING SYSTEM Developed by: Mark Laesch, Golfstat COPYRIGHT (C) 2001, All Rights Reserved, Golfstat Check flut Stats, Scores, and More: www.GO,LFST C4M 20 175 The Prestige at PGA WEST Course Scoring Summary Date Printed: 11-05-2002 Course # 1 Hole Par Yards Rd. 1 Rd. 2 Rd. 3 Rd. 4 Total 1 4 368 4.24 4.36 4.16 4.25 2 3 210 3.70 3.77 3.51 3.66 3 4 400 4.20 3.94 3.71 3.95 4 5 522 4.7.6 4.93 4.91 4.87 5 3 170 3.19 3.16 3.59 3.31 6 4 405 4.48 4.59 4.30 4.46 7 5 497 4.79 4.92 5.17 4.96 8 4 405 4.34 4.21 4.16 4.24 9 4 438 4.32 4.27 4.23 4.27 10 4 383 4.11 4.27 4.01 4.13 11 4 403 4.04 4.20 4.34 4.20 12 4 377 4.12 4.20 4.39 4.24 13 3 188 3.19 3.19 3.18 3.19 14 4 394 4.22 4.08 4.23 4.18 15 5 529 4.98 4.96 5.12 5.02 16 3 172 3.61 3.20 3.76 3.52 17 4 451 4.36 4.29 4.23 4.29 18 .5 529 4.82 4.72 4.77 4.77 Total 72 6841 75.48 75.24 75.77 75.50 Db. Db. Hole Par Yards Eagle Eagle Birds Par Bogey Bogey Other .1 4 368 23 166 71 10 2 3 210 9 125 100 22 14 3 4 400 71 148 45 5 1 4 5 522 6 75 148 34 4 3 5 3 170 31 145 75 18 1 6 4 405 28 138 71 22 11 7 5 497 5 76 131 44 12 2 8 4 405 32 157 68 11 2 9 4 438 24 159 76 11 10 4 383 43 156 65 5 1 11 4 403 31 169 59 8 3 12 4 377 25 168 67 8 2 13 3 188 18 189 58 5 14 4 394 1 38 158 59 13 1 15 5 529 1 76 131 48 11 3 16 3 172 34 121 78 26 11 17 4 451 23 152 89 5 1 18 5 529 5 104 124 25 9 3 Total 72 6841 18 761 2685 1132 205 59 GOLFSTAT COLLEGIATE SCORING SYSTEM Developed by: Mark Laesch, Golfstat 21 COPYRIGHT (C) 2001, All Rights Reserved, Golfstat Check out Stats , Scores , aiia more : www. �0Lr 5 T. . i:um The Prestige at PGA WEST Statistical Player Leaders Date Printed: 11-05-2002 PAR 3 SCORING EAGLES Chris Marshall Kansas 3.00 E Stephen Polanski TCU Tyler Hall Kansas 3.00 E A Group Tied at Scott Philips Rice 3.00 E Brock Mackenzie Washington 3.00 E Jay Choe UC-Irvine 3.00 E Brandt Snedeker Vanderbilt 3.08 +1 Craig Dunlap Vanderbilt 3.08 +1 Parker LaBarge Rice 3.08 +1 Roy Moon UCLA 3.08 +1 David Fern Pepperdine 3.08 +1 Chris Elliott Pepperdine 3.08 +1 Jim Seki Stanford 3.08 +1 Jay Westerlund UC Davis 3.08 +1 A Group Tied at 3.17 +2 PAR 4 SCORING BIRDIES Michael Putnam Pepperdine 3.83 -5 David Schultz TCU J Adam Rubinson TCU 3.90 -3 Tim Cureton San Diego 1 Jim Seki Stanford 3.90 -3 Gregg LaVoie Oregon 1 Dan Potter Washington 3.93 -2 Adam Rubinson TCU 1 J.J. Killeen TCU 3.97 -1 Jay Choe UC-Irvine 1 '-.ris Marshall Kansas 4.00 E Jim Seki Stanford 1 _nn Smith Rice 4.00 E Matt Hansen Pacific 1 Ben Scribner Pacific 4.00 E Chris Marshall Kansas 1 Matt Hansen Pacific 4.00 E Brandt Snedeker. Vanderbilt 1 Jay Choe UC-Irvine 4.00 E Michael Putnam Pepperdine 1 A Group Tied at* 4.03 +1 Tyler Hall Kansas 1 Steve Gray Yale I. Brock Mackenzie Washington 1 Roy Moon UCLA 1: A Group Tied at 1: PAR 5 SCORING PARS Chris Marshall Kansas 4.25 -9 Adam Myers Air Force 4, Roy Moon UCLA 4.33 -8 Ryan Armstrong UC-Irvine 3: Brandt Snedeker Vanderbilt 4.42 -7 Winn Smith Rice 3' Adam Rubinson TCU 4.42 -7 John Robertson Washington 3( Stephen Polanski TCU 4.42 -7 Preston Lancaster San Diego 3( David Schultz TCU 4.42 -7 David Fern Pepperdine 3E Berry Henson San Diego 4.42 -7 Taylor Neal UC Davis 31 Scott Philips Rice 4.50 -6 Jeff Coburn UC-Irvine 3E Spencer Levin UCLA 4.50 -6 Matt Kern Pacific 31 Brian O'Flaherty Pepperdine 4.50 -6 John Merrick UCLA 3i Brock Mackenzie Washington 4.50 -6 Stephen Polanski TCU 3r Derek O'Neill Colorado 4.58 -5 Jeff Hanson Colorado of Ty]„ Mall Kansas 4.58 -5 A Group Tied at 34 •T4-rrm €- ita Oregon 4.58 -5 A Group Tied at 4.67 -4 GOLFSTAT COLLEGIATE SCORING SYSTEM 22 Developed by: Mark Laesch, Golfstat The Prestige at PGA WEST Statistical Team Leaders Date Printed: 11-05-2002 PAR 3 SCORING EAGLES UCLA 3.23 +14 UCLA Rice University 3.27 +16 TCU Vanderbilt Univ. 3.30 +18 Pepperdine Univ. TCU 3.30 +18 Colorado, U. of Kansas, U. of 3.33. +20 Yale University UC-Irvine 3.33 +20 UC Davis Yale University 3.35 +21 UC-Irvine Pepperdine Univ. 3.35 +21 Washington, U. of Oregon, U. of 3.38 +23 San Diego, U. of UC Davis 3.42 +25 Oregon, U. of Washington, U. of 3.45 +27 Kansas, U. of Air Force 3.47 +28 ' Stanford University 3.47 +28 San Diego, U. of 3.55 +33 A Group Tied at 3.57 +34 PAR 4 SCORING BIRDIES Pepperdine Univ. 4.04 +6 TCU 57 UC-Irvine 4.04 +6 Oregon, U. of 49 TCU 4.05 +8 UCLA 49 UC Davis Washington, U. of 4.14 4.15 +21 +23 Pepperdine Univ. 48 San Diego, U. of 4.16 +24 UC-Irvine Kansas, U. of 47 47 Kansas, U. of Pacific, U. of the 4.17 4.17 +25 +26 Vanderbilt Univ. 46 Stanford.University 4.20 +30 Washington, U. of Pacific, U. of the 45 44 UCLA Vanderbilt Univ. 4.21 4.21 +31 +32 San Diego, U. of 43 Oregon, U. of 4.23 +35 Yale University 41 Rice University 4.29 +44 UC-Santa Barbara 39 Colorado, U. of 4.32 +48 Stanford University 38 UC-Santa Barbara 4.32 +48 Colorado, U. of UC Davis 38 37 PAR 5 SCORING PARS TCU UCLA 4.60 -24 UC-Irvine 166 Vanderbilt Univ. 4.67 4.77 -20 -14 UC Davis Rice University 162 162 UC-Irvine Washington, U. of 4.82 4.85 -11 -9 Pepperdine Univ. 157 Kansas, U. of 4.88 -7 Washington, U. of 154 Oregon, U. of 41 4.88 -7 UCLA TCU 153 153 UC Davis 4.88 -7 San Diego, U. of 151 Colorado, U. of 4.90 -6 Kansas, U. of 151 Pepperdine Univ. 4.90 -6 Vanderbilt Univ. 151 San Diego, U. of 4.95 -3 Stanford University 148 Yale University 4.97 -2 Air Force 146 Pacific, U. of the 4.98 -1 Pacific, U. of the 142 UC San Diego Air 5.00 E Colorado, U. of 142 Force 5.02 +1 Oregon, U. of 140 GOLFSTAT COLLEGIATE SCORING SYSTEM 23 Developed by: Mark Laesch, Golfstat �. COPYRIGHT (C) 2001, All Riqhts Reserved, Golfstat The Prestige At PGA WEST Media Articles 24 173 UC DAVIS SPORTS NEWS .Sports Information Office One Shields Avenue Davis, CA 95616 (530) 752-3505 TM FAX: (530) 754-5674 http://athletics.ucdavis.edu FOR IMMEDIATE RELEASE Contact: Bill Stevens (530) 752-3505 30 October 2002 ' UC DAVIS, STANFORD CO -HOST THIRD ANNUAL PRESTIGE DAVIS, Calif. --- Defending champion Washington and four other teams currently ranked among the nation's Top 25 highlight the field as for the third straight year the nation's top academic and golf -playing universities will participate in The Prestige At PGA WEST, a 54-hole tournament which will be held Nov. 3-5 at the La Quinta Resort Mountain Golf Resort, and co -hosted by University of California, Davis and Stanford University. The third -annual event, featuring 18 teams, is designed as one of college's major tournaments, and will also feature a youth golf clinic, an awards dinner and a Collegiate -Am tournament. In addition to the host schools and Washington, other schools which have committed to play in the tournament are: No.7 Texas Christian, No.10 UCLA, No.14 Vanderbilt, No.24 Pepperdine, No.39 UC Irvine, No.42 Kansas, No.52 Oregon, No.76 Colorado, No.99 Pacific, Air Force, Rice, San Diego, UC San Diego, UC Santa Barbara and Yale. "Everyone is very excited about the 2002 Prestige at PGA WEST," said UC Davis Head Coach Cy Williams. "We are excited to be playing at a new venue, the La Quinta Resort Mountain Course, one of the top courses in the country. "The uniqueness of this tournament is the focus on academics; teams from the top 100 academic schools com- prise our field, and the golfing talent will be at a high level," Williams continued. " This is what intercollegiate athletics should be all about - great students competing at a high athletic level." Stanford Coach Jeff Mitchell, whose team is perennially a national power, considers this event one of the high- lights of the year for his team. "Cy and I are very excited about presenting the third `Prestige'," said Mitchell. "Last year's event was a huge success and we have a great field returning this year. This year's tournament represents the very best in college golf and in academic excellence. It is a great showcase event about everything college sport is about" - The three-day event will feature a Collegiate -Am on Nov. 3, as well as a free golf clinic for kids and their families. Tournament coaches and their players will provide the expertise for the clinic. An awards dinner for the teams will also be held. The Collegiate -Am is scheduled to feature PGA Senior Tour players Al Geiberger, Bob Rosburg, Bob Goalby and Howie Johnson. Tournament teams will play 36 holes on Nov. 4 and 18 holes on Nov. 5. Williams believes that in just two years, the Prestige at PGA WEST has become a focal point on the collegiate golf calendar. "It's an honor to be co -hosting a tournament than many feel is clearly one of the top collegiate events in the nation," he said. The Prestige, hosted by the UC Davis and Stanford, is in it's third year of bringing together 18 of the nation's top academic and golf -playing universities. The Prestige has quickly become one of the nation's top collegiate golf tourna- ments with the help of presenting sponsors Kohlberg Kravis Roberts and Co., GEM, Nike Golf, KSL Resorts, Hewlett Packard, PGA WEST and the La Quinta Resort & Club. THE PRESTIGE AT PGA WEST WHEN: November 3-5, 2002 WHERE: La Quints Resort Mountain Course (La Quinta, Calif.) SCHOOLS: UC Davis (co -host), Stanford (co -host), Air Force, Pepperdine, Rice, Texas Christian, UC Irvine, UC San Diego, UC Santa Barbara, UCLA, Colorado, Kansas, Oregon, Vanderbilt, Washington, Yale, the University of San Diego and University of the Pacific. HOSTED BY: UC Davis, Stanford, PGA WEST PRESENTING SPONSORS: Kohlberg Kravis Roberts and Co., GEM (The Official Neighborhood Electric Vehicle), Nike Golf, KSL Resorts, Hewlett Packard MORE INFO: Contact Mark Weissman, (760) 202-3334 or Bill Stevens, (530) 752-3505 25 -bs- 13l0 UC DAVIS SPORTS NEWS -., Sports Information office One Shields Avenue r Davis, CA 95616 (530) 752-3505 FAX.- (530) 754-5674 T http://www. ucdavisaggies. corn FOR IMMEDIATE RELEASE Contact: Bill Stevens (530) 979-1734 5 November 2002. TCU WAINS AWAY WITII THE PRESTIGE AT PGA V*TST Tf U LA QUINTA, Calif. - Texas Christian University fired a final round 6-under par, 282, the lowest round of the tournament, to defeat runner-up UC Irvine by 15 strokes in capturing The Prestige At PGA WEST title on the par 72, 6,841-yard La Quinta Resort Mountain Course Tuesday afternoon. TCU, the No. 7-ranked team in the country and the only team to finish all three rounds under par, led from wire -to -wire as it captured its second title of the fall season with a three -round total of 853. UC Irvine (868), which entered the event ranked N6.39, never fell from its second -place standing following the first round to outdistance third -place Pepperdine (873) by five strokes. UCLA (877) and Vanderbilt (880) rounded out the top five. Washington (882) and Kansas (882) finished tied for sixth, followed by UC Davis (886), San Diego (891) and Oregon (894) in the top 10. Stanford (899) finished the two-day event in 1 lth place with Pacific (901) two shots back followed by Rice (902) and Yale (902) in 13th. Colorado (904), UC Santa Barbara (922), UC San Diego (925) and Air Force (934) rounded out the 18-team field. "Our goal coming in was to win the tournament and after a slow start in the first round, our guys played great,"said TCU Head Coach Bill Montigel. "We played exceptionally well over the last two rounds and I am really proud of the guys." Individually, Kansas' Chris Marshall finished the three -round event at 9-under par, 207, to take a one- shot victory over TCU's Adam Rubinson. Vanderbilt's Brandt Snedeker (211), finished in third place at 5-under par, with Stanford's Jim Seki (212) and UC Irvine's Jay Choe (213) rounding out the top five. In all, 10 players finished under par for the three rounds. "This was another great event," said Stanford Head Coach Jeff Mitchell, who along with UC Davis co - hosted the event. "It's just a superior event at a great location, a great course. The entire staff at La Quinta runs great events and that is exactly what it did this week." UC Davis Head Coach Cy Williams echoed Mitchell's thoughts. "I think this event is unparalleled con- sidering the quality of the field and what the tournament stands for. It continues to get better each year." The Prestige At PGA WEST, hosted by UC Davis and Stanford, is in its third year of bringing together golf teams from 18 of the nation's top academic universities. The Prestige At PGA WEST has quickly become one of the nation's premier collegiate golf tournaments with the help of presenting sponsors Kohlberg Kravis Roberts & Co., GEM, Nike Golf, KSL Resorts, RM Sport, Avis, PGA WEST and the La Quinta Resort & Club. 26 TCU Captures The Prestige At PGA WEST Title :: Aggies finish 8th in 18-team field 12'12/02 12:31 Schedule/Results I Roster I News Archives Choose a Sport * TCU Captures The Prestige At PGA WEST Title Aggies finish 8th in 18-team field About Aggie Athletics Nov. 5, 2002 Athlete Services Bookstore Complete Results Calendar LA QUINTA, Calif. - Texas Christian University fired a final round 6-under par, Compliance 282, the lowest round of the tournament, to defeat runner-up UC Irvine by 15 Corporate Sponsors strokes in capturing The Prestige At PGA WEST title on the par 72, 6,841- Department Directory yard La Quinta Resort Mountain Course Tuesday afternoon. Directions TCU, the No.7-ranked team in the country and the only team to finish all Facilities three rounds under par, led from wire -to -wire as it captured its second title Hall of Fame of the fall season with a three -round total of 853. UC Irvine (868), which entered the event ranked No.39, never fell from its second -place standing Links following the first round to outdistance third -place Pepperdine (873) by five Recruiting strokes. UCLA (877) and Vanderbilt (880) rounded out the top five. School Spirit Washington (882) and Kansas (882) finished tied for sixth, followed by UC Site Map Davis (886), San Diego (891) and Oregon (894) in the top 10. Stanford (899) Sports Camps finished the two-day event in 11 th place with Pacific (901) two shots back followed by Rice (902) and Yale (902) in 13th. Colorado (904), UC Santa TeamAGGIE Barbara (922), UC San Diego (925) and Air Force (934) rounded out the 18- Tickets team field. Weekly Release "Our goal coming in was to win the tournament and after a slow start in the first round, our guys played great," said TCU Head Coach Bill Montigel. "We played exceptionally well over the last two rounds and I am really proud of W the guys." MQUAQ0 Z= Individually, Kansas' Chris Marshall finished the three -round event at 9- under par, 207, to take a one-shot victory over TCU's Adam Rubinson. Vanderbilt's Brandt Snedeker (211), finished in third place at 5-under par, with Stanford's Jim Seki (212) and UC Irvine's Jay Choe (213) rounding out ;; the top five. In all, 10 players finished under par for the three rounds. OFFICIAL Cotc.c¢e SPORTS NETWaRIC "This was another great event," said Stanford Head Coach Jeff Mitchell, who along with UC Davis co -hosted the event. "It's just a superior event at a great location, a great course. The entire staff at La Quinta runs great events and that is exactly what it did this week." UC Davis Head Coach Cy Williams echoed Mitchell's thoughts. "I think this event is unparalleled considering the quality of the field and what the tournament stands for. It continues to get better each year." The Prestige At PGA WEST, hosted by UC Davis and Stanford, is in its third http://ucdavisaggies.ocsn.com/sports/m-golf/recaps/I 10502aaa.html dA Printer -Friendly Form ES E-mail this article ,lt.1110, Scott Gordo..'! sir "3hE- 27 (� {,Wage I of TCU Captures The Prestige At PGA WEST Title :. Aggies finish 8th in 18-team field 12/ 12'02 12:3 I year of bringing together golf teams from 18 of the nation's top academic universities. The Prestige At PGA WEST has quickly become one of the nation's premier collegiate golf tournaments with the help of presenting sponsors Kohlberg Kravis Roberts & Co., GEM, Nike Golf, KSL Resorts, RM Sport, Avis, PGA WEST and the La Quinta Resort & Club. UC Davis Men's Golf dM Printer -friendly format Ea Email this article feedback l-A Co 2002,Student Advantage. Inc. arl d U i?rIv T ne tea .. njFjr? s. €figos aw.'I tir`:i`C rI dZ.-SigIIS tii'e ft?C? 5 ! :Y;.7 lrac-4. marks of iie teams <a$C. No lc:lcs. phologra::ihs o graphir- on thil S" B M18V > ^r Afi mats rise! ,,-d >; i , tif?r$ to vie v ot. I- Privacy Policy. 28 littp://ucdavisaggies.ocsn.com/sports/m-golf/recaps/I 10502aaa:html 18tic 2of TCU Captures The Prestige At PGA WEST Title :: Aggies finish gth in I g-team field Official Athletic Sites A. ' Game Audio Live Stats Nov. 5, 2002 NewsWire Message Boards LA QUINTA, Calif. -Texas Christian University fired a final College Sports Store round 6-under par, 282, the Games/Contests lowest round of the Email Newsletter tournament, to defeat runner - Feedback up UC Irvine by 15 strokes in capturing The Prestige At PGA Other Sports WEST title on the par 72, 6,841-yard La Quinta Cross Country afternoon. Equestrian Fencing TCU, the No.7-ranked team in the country and the only team to finish all three Field Hockey rounds under par, led from wire -to -wire as it captured its second title of the fall Golf-M season with a three -round total of 853. UC Irvine (868), which entered the event Gym astics-M ranked No.39, never fell from its second -place standing following the first round Gymnastics-W to outdistance third -place Pepperdine (873) by five strokes. UCLA (877) and Ice Hockey-M Vanderbilt (880) rounded out the top five. Ice Hockey-W Lacrosse-M Washington (882) and Kansas (882) finished tied for sixth, followed by UC Davis Lacrosse-W Rifle (886). San Diego (891) and Oregon (894) in the top 10. Stanford (899) finished Rowing the two-day event in 11th lace with Pacific 901 two shots back followed b Y P ( ) Y Skiing Rice (902) and Yale (902) in 13th. Colorado (904), UC Santa Barbara (922), UC soccer-M San Diego (925) and Air Force (934) rounded out the 184eam field. Soccer- W Softball "Our goal coming in was to win the tournament and after a slow start in the first Squash Swim & Diving round, our guys played great," said TCU Head Coach Bill Montigel. "We played Synch. Swim exceptionally well over the last two rounds and I am really proud of the guys." Tennis-M Tennis-W Track & Field Volleyball-M Volleyball-W Water Polo-M Water Polo-W Wrestling "This was another great event," said Stanford Head Coach Jeff Mitchell, who along with UC Davis co -hosted the event. "It's just a superior event at a great location, a great course. The entire staff at La Quinta runs great events and that is exactly what it did this week." UC Davis Head Coach Cy Williams echoed Mitchell's thoughts. "I think this event is unparalleled considering the quality of the field and what the tournament stands for. It continues to get better each year." The Prestige At PGA WEST, hosted by UC Davis and Stanford, is in its third year of bringing together golf teams from 18 of the nation's top academic universities. The Prestige At PGA WEST has quickly become one of the nation's premier collegiate golf tournaments with the help of presenting sponsors Kohlberg Kravis Roberts & Co., GEM, Nike Golf, KSL Resorts, RM Sport, Avis, PGA WEST and the La Quinta Resort & Club. Men's Golf Home Junior Scott Gordon finished tied for 18th at The Prestige At PGA WEST. (Took! Hammond) M Printer -Friendly Format Individually, Kansas' Chris Marshall finished the three -round event at 9-under r par, 207, to take a one-shot victory over TCU's Adam Rubinson. Vanderbilt's Virginia: Cameron Brandt Snedeker (211), finished in third place at 5-under par, with Stanford's Jim Yancey Earns PGA Tour Seki (212) and UC Irvine's Jay Choe (213) rounding out the top five. In all, 10 Card players finished under par for the three rounds. Virginia: Cameron Yancey earns PGA Tour Card Santa Clara: Athletic Teams Donate More Than 5,000 Items to Charity NC State: Pettersson Finishes 21st In PGA Tour Qualifying School Gonzaga: Bulldogs Add Junior College Player For Spring South Carolina: Thompson Improves to 34th in Fourth Stage of Q-School Finals South Carolina: Thompson in Contention After Three Rounds of PGA Q-School Finals Wayne State: Wayne State Men's Golf Inks Signee Cal: Cal Men's Golf Inks Strong Recruiting Class UCLA: Merrins Chosen for GCAA Honor Award Copyright O 2002 Official College Sports Network, Inc. Click here to view our Privacy Policy. 29 http://www!coflcgcspons.com/sports/m-golf/stories/i 10502aaj.himl Page 1 of I Sun sets before Prestige coinplete .1 . ta.-I BY LARRY� BO �I THE DESERT SUN LA QUINTA — In the gath- ering dusk at the La Quinta Resort Mountain Course, golfers in The Prestige at PGA West college golf tour- nament were finishing their rounds but not signing their scorecards. That's because a majority of the 90 players in the tour- nament were unable to com- plete their 36 holes Monday. A long day on the slick greens of the Mountain Course along with the sun setting behind the Santa Rosa Mountains that border the course left many players with as many as three holes to complete before their 18- hole_ final round at the course today. The abbreviated ending to the round, with some golfers completing 36 holes but oth- ers still backed up at points on the course, means no one knows for sure which team is leading the 54-hole tourna- ment. But the morning 18 holes showed two things; the Mountain Course was play- ing tough for all 18 teams, and Texas Christian de- serves its high national rank- ing. The Horned Frogs, ranked sixth in the latest Golfweek/Saragin Division I rankings, led the morning round with a team score of 4-under Z84. `The format features five golfers for each Please see PRESTIGE, C4 Prestige When: 6:45 p.m., today Where: La Quinta Resort i� N r * a to 9L 90 -3 n � to ►� 5' a' (� M� �� A c o w a'So. A a' • b ~ A H y 0o ►•jam O�►Os xO n rA H' u�a :; o. in 0 CA 'O V • C4 0 to El a• is •� ay x'n VI A 0 0 p OA � rT (0'e �C v• (D �@ v�i ref M (9 ►Oi� � �5 0�o�P,0 '0 d �' �0 v'1xc��v ►°ems N' A� b O 0 H v% E; Ada 0" �a-v�,� y y O 0 CA t4 o 0 sy 1-0 ID 0 43. g -4 p „ o�� 30 1�J thedescrtsun.com I Henson wants shot at pro carccr 12!12/02 12:09 le *---W- i 3 V58,L CONTACT US SEARCH December 12, 2002 Henson wants shot at pro career Former Aztec places 11th in Prestige event at PGA West By Larry Bohannan The Desert Sun More on November 6th, 2002 THIS STORY LA QUINTA -- Imagine a single ■ More stories about high school golf team producing golf four professional golfers. . Post or read comments in our online forums That may be the case with the Palm Desert High School team of 1997. Nicole Dalkas had an exemption to the LPGA this year and will return to that tour next season. Jason Allred and Michael Beard finished their college careers at Pepperdine last spring and both are pursuing pro careers. Now a fourth player from that team, Berry Henson of the University of San Diego, say he's planning on joining his old teammates in pursuit of a touring pro career. "Right now the plan is to play the Gateway (mini -tour)," said Henson, who played for San Diego in the Prestige at PGA West this week. "That's what I want to do. I'll play Gateway in the summer, then try the (PGA Tour) qualifying school in the fall." Henson, a fifth -year senior, will graduate in June, but he has just one class to take in the spring semester. That means he can concentrate on getting his golf game into peak competitive shape for the rigors of professional competition. Henson is already playing well this year, finishing 11 th in the Prestige event at even -par 216 for 54 holes, including rounds of 69 and 70 at the La Quinta Resort Mountain Course. "I really had it going this week. I just had that one bad round (a first -round 77)," Henson said. "I played well except for one round last week, too. I've just got to get rid of that one round." http://www.thedesertsun.com; news/stories/sports/1036548807.shtml 18lac 1 of 3 thedesertsun.com I Henson wants shot at pro career 12i12!02 12.09 The irony of four potential pros from the 1997 Palm Desert team is that the Aztecs that year failed as a team to win the CIF - Southern Section team title or to even qualify for the CIF-SCGA tournament, the equivalent to the California state title. The following year, with Allred and Dalkas gone, Beard and Henson were key members of a team that won both the CIF -SS and CIF- SCGA titles. Hdnson is watching as his friend Beard, son of former PGA Tour leading money winner Frank Beard of Palm Desert, works his way through the qualifying process this year. The younger Beard advanced through the first stage of qualifying and is playing in a second level of qualifying in Seaside near Monterey. If Beard gets through the Seaside event, he will play in the final stage of qualifying at PGA West in La Quinta next month. "Actually, one of the people who has helped me most has been (Beard's) dad," Henson said. "He's the one who tells me I just need to get out and win." In addition to help from the Beard family, Henson is motivated by a knee injury that caused him to sit out a year. "After that, I really decided to get it 110 percent for two years," he said. "I figured there must be a reason I hurt the knee. God must be trying to tell me something. So I've been working hard." Henson said he understands just how difficult it is to reach the PGA Tour, or even to make a living on the mini -tours. But he also is dedicated to some kind of career in golf. "I don't know that I see myself as a director of golf at a course or something like that. But I can't really see myself doing anything outside of golf," Henson said. "It seems like I've been doing it all my life." Larry Bohannan is a sports reporter for The Desert Sun. He can be reached at (760) 778-4633 or via e-mail at Larry.Bohannan(@-thedesertsun.com. Send a friend a link to this story: Your friend's e-mail address: Your e-mail address: Send to Friend htip://www.thcdescrtsun.com/news/storics/sports/i 036548807.shtmi 32 Page 2 of 3 ►'1 ... Air Force Notches 18th-Place Finish at The Prestige :: Falcons struggle in final tournament of the fall 12/12;02 12 0` Air Force Notches 18th-Place Finish at The Falcons struggle in final tournament of the fall 1Q Printer -Friendly Form E3 E-mail this article LA QUINTA, Calif. - Texas Christian University fired a final round 6-under par, 282, the lowest round of the tournament, to defeat runner-up UC Irvine by 15 strokes in capturing The Prestige At PGA WEST title on the par 72, 6,841-yard La Quinta Resort Mountain Course Tuesday afternoon. Air Force had a disappointing tournament, finishing in 18th place overall. TCU, the No.7-ranked team in the country and the only team to finish all three rounds under par, led from wir to -wire as it captured its second title of the fall season with a three -round total of 853. UC Irvine (868), which entered the event ranked No.39, never fell from its second -place standing following the first round to outdistance third -place Pepperdine (873) by five strokes. UCLA (877) and Vanderbilt (880) rounded out the tc five. Washington (882) and Kansas (882) finished tied for sixth, followed by UC Davis (886), San Diego (891) and Oregon (894) in the top 10. Stanford (899) finished the two-day event in 11 th place with Pacific (901) two shot back followed by Rice (902) and Yale (902) in 13th. Colorado (904), UC Santa Barbara (922), UC San Diego (925) and Air Force (934) rounded out the 18-team field. Freshman Adam Myers had the top finish for the Falcons, tying for 33rd place with a seven -over -par 223 (74- 75-74). Adam Wasinger tied for 59th overall. Individually, Kansas' Chris Marshall finished the three -round event at 9-under par, 207, to take a one-shot victory over TCU's Adam Rubinson. Vanderbilt's Brandt Snedeker (211), finished in third place at 5-under par, with Stanford's Jim Seki (212) and UC Irvine's Jay Choe (213) rounding out the top five. In all, 10 players finished under par for the three rounds. "This was another great event," said Stanford Head Coach Jeff Mitchell, who along with UC Davis co -hosted the event. "It's just a superior event at a great location, a great course. The entire staff at La Quinta runs great events and That is exactly what it did this week." The Prestige At PGA WEST, hosted by UC Davis and Stanford, is in its third year of bringing together golf teams from 18 of the nation's top academic universities. The Prestige At PGA WEST has quickly become one of the nation's premier collegiate golf tournaments with the help of presenting sponsors Kohlberg Kravis Roberts & Co., GEM, Nike Golf, KSL Resorts, RM Sport, Avis, PGA WEST and the La Quinta Resort & Club. 33 1Q htip://tliemu,c.ocsn.com/sports/m-golf/recaps/I 10602aaa.html Page I of 2 Husky Golfers Finish Sixth at The Prestige :: Mackenzie Leads UW with l2th Place Finish 12/ 12/02 12:0( MEWS SPORTS • Baseball • Basketball • Crew • Cross Country • Football • Golf • Soccer • Swimming • Tennis • Track .......................... . WOMEN'S SPORTS • Basketball • Crew • Cross Country • Golf • Gymnastics • Soccer • Softball • Swimming • Tennis • Track • Volleyball HUSKY ATHLETICS • Staff Directory • Washington.edu • News Clips • Directions • Summer Camps • Intramural Club Sports • Special Events • School Spirit • Hall Of Fame • Husky Traditions • Facilities • Recruiting Questionnaire • NCAA Compliance • Campaign • Tyee Club • Big W Club • Jr. Husky Club • Husky Fever • Publications • FAQS • Monthly Calendar • Miscellaneous Links • Site Map Tickets I Schedules I Online Store I TV/Radio I Audio/Video GREAT ACTION PHGTos Roster I Schedule / Results I News I Almanac I Feedback Husky Golfers Finish Sixth at The Prestige Mackenzie Leads UW with 12th Place Finish Nov. 5, 2002 La Quinta, CA - The Washington men's golf team finished sixth in an 18-team field at The Prestige at PGA West. Washington shot 10-over 298 during the second round which was finished Tuesday after darkness ended play Monday night. Washington turned in a final round score of 4-over 292 for a 54-hole total of 882. Seventh -ranked Texas Christian ran away with the team title by shooting 11-under 853. The Horned Frogs shot under par during all three rounds. Runner-up UC Irvine was 15 strokes back at 4-over 868. Washington was led by junior All -American Brock Mackenzie who placed 12th at 1-over 217. He posted rounds of 72, 72 and 73. John Robertson was second for the Huskies at 3-over 219. Dan Potter finished 28th at 6-over 222, including a final -round score of 70. Conner Robbins was 13th at 13-over 29 and Rick Doerr was 73rd at 18-over 234. Kansas' Chris Marshall finished the three -round event at 9-under par, 207, to take a one-shot victory over TCU's Adam Rubinson. Vanderbilt's Brandt Snedeker (211), finished in third place at 5-under par, with Stanford's Jim Seki (212) and UC Irvine's Jay Choe (213) rounding out the top five. In all, 10 players finished under par for the three rounds. The Prestige At PGA WEST , hosted by UC Davis and Stanford, is in its third year of bringing together golf teams from 18 of the nation's top academic universities. The Prestige At PGA WEST has quickly become one of the nation's premier collegiate golf tournaments with the help of presenting sponsors Kohlberg Kravis Roberts & Co., GEM, Nike Golf, KSL Resorts, RM Sport, Avis, PGA WEST and the La Quinta Resort & Club. The Prestige at PGA WEST LaQuinta-Mountain Course LaQuinta, CA Par 72, 6,841 Team Results 1 TCU 284 287 2B2 853 -11 2 UC-Irvine 286 296 286 868 +4 3 Pepperdine Univ. 299 286 288 873 +9 4 UCLA 292 293 292 877 +13 5 Vanderbilt Univ. 295 291 294 880 +16 6 Kansas, U. of 300 286 296 882 +18 Washington, U. of 292 298 292 882 +18 8 UC Davis 293 292 301 886 +22- 34 �R3 http://gohuskies.ocsn.com/sports/m-golf/recaps/i 10502aaa.html Page 1 of 3 Rice University - Official Athletic Site - Baseball Quick Facts 12/1102 12:o SPORTS CAMPUS STrDRE Golf: Owls Tie For 13th At The Prestige 11 /5/2002 Final Tournament Results LA QUINTA, Calif. - The Rice University golf team finished tied for 13th among a field of 18 teams at The Prestige at PGA West Tuesday afternoon (Nov. 5) in La Quinta, Calif. Rice posted a final team score of 902 to tie with Yale for the two-day, 54-hole event. After completing the second round that had been halted on Monday with a score of 300, the Owls recorded a 301 for the final 18 holes on Tuesday. Rice finished 38 strokes over par and 49 shots behind tournament champion TCU (853, -9). For the second tournament in a row the Owls were led in the individual standings by junior Scott Philips. The Corpus Christi native tied for 12th Scott Philips posted a overall among a field of 90 competitors by finishing finish in the top 12. with a one -over par 217. Philips shot a 75 in the final round but overall it was also his best tournament since his freshman year. He was 10 shots behind individual champion Chris Marshall of Kansas (207, - 9). Ten players finished under par for the three rounds at the 6,841-yard La Quinta Resort Mountain Course. Rice junior Winn Smith posted the Owls' best round of the day on Tuesday with a one -over par 73. Smith tied for 33rd place at seven -over par 223. Junior Ryan Morgan carded a 75 to complete the tournament at 17-over par (233). The event was Rice's final tournament of the fall season. After a break for the winter, the Owls will be back in action February 10-11, 2003, as the host of the Rice Intercollegiate. The challenging 11-team tournament will feature 54 holes played at the Blackhorse Golf Club in nearby Cypress. -Rice Owls- 35 1q http://www.riccowls.com/sports/moolf/rcicasc.asp?RELEASE_ID=l196 Page I of Business Week Online: Golf 121I2/02 12:11 Register/Subscribe Home 3,1 F [' T Y"L E's SPORTS • Golf News • Golf Lifestyle $�tEdjOt9C:,� � Customer Service Contact Us Advertising Conferences Permissions & Reprints Marketplace Subscribe to BW L.eadwsOnllne Take your career to the next level THE SITE A r'-- M. 1-GLOBAL ftC14N0006'� SiWIAN L •.4 . i B�SC�10[iL5 y �Y'J�117 ��i� �"` Pg +k'id.i .' Y ...!k. �a �1��•3TIsl:.i�� s. j .�.ry are < a. COLLEGE GOLF .•_ Back to Golf Horned Frogs leap over field at The Prestige at PGA West Marshall finishes at 9-under to claim individual honors Texas Christian University carded a final round 6- PONQMED BY under 282 Nov. 5, the lowest round of the Gonweek tournament, to win The Prestige. The Homed Frogs, who finished at 11-under 853, were 15 >• Printer -Friendly Version shots ahead of second place UC-Irvine E-Mail This Story TCU, ranked 6th in the Golfweek/Sagrarin Collegiate Rankings, was the only team to finish' each round under -par. The win is TCU's second of UConn coach dead at 76 the fall season. College signings "Our goal coming in was to win the tournament and Palmer Cup dales set for 2003 after a slow start in the first round, our guys played Rubinson cruises to victory at All -America Golf Classic great," said TCU coach Bill Montigel. "We played exceptionally well over the last two rounds and I am TCU's Rubinson leads all-star field by 3 shots heading into really proud of the guys." final round Wittenberg. Leon bound for Individually, Kansas' Chris Marshall finished the Okia. St. 54-hole event at 9-under 207 and win by one shot Augusta St. defeats Clemson over TCU's Adam Rubinson. Vanderbilfs Brandt to take Hooters Match Play Snedeker finished in third place at 5-under 211 with Top seeds advance to final Stanford's Jim Seki . match at Hooter Match Play Championship Top seeds roll in opening round at Hooters Match Play Chamoionshio Final results Nov. 5 at The Prestige at PGA West, Memphis coach dies at 62 played on the par-72, 6,841-yard LaQuinta Mountain Course, LaQuinta, Calif.: 11 /6/02 1:41:00 AM TEAM SCORES 1. TCU 284-287-282-853 -11 2. UC-Irvine 286-296-286-868 +4 DJIA 8552.60 -36.i Nasdaq 1399.71 +3. S&P 500 903.24 -1. 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BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The item is before the Council, at Council's request, for consideration and to provide direction to staff. Auto Dealers' Request to Amend Specific Plan 97-029 Mr. David Stark, a representative of the auto dealers operating in the Auto Mall at the Centre at La Quinta, has requested that the City amend the sign restrictions contained in Specific Plan 97-029. Mr. Stark wishes to have the sign restrictions revised to allow each dealer a larger wall sign fronting Highway 1 1 1 and a reader - board on Highway 111. As staff understands Mr. Stark's request, these requested signage rights would replace the existing signage rights the auto dealers presently have under their approved permits and plans. Additionally, Mr. Stark indicated during public comment at the October 7t''City Council meetings that a parking 19 problem exists for the auto dealers. One suggestion the dealers have is to allow parking along the western side of La Quinta Centre Drive to alleviate parking congestion. La Quinta Centre Drive, a public road, has 2 through lanes in each direction and 1 center lane used for turning. The Specific Plan specifies it as "No Parking". Alternatively, the dealers seek an off -site area for parking. The dealers' requests would require an amendment to the Specific Plan. The City's ability to amend the Specific Plan would need to be reconciled with the Development Agreement between the City and STAMKO Development Company, which gives STAMKO and subsequent owners of property located in the Centre at La Quinta certain rights to develop their property in accordance with previously issued approvals. In addition, prior to the City eliminating the "No Parking" restriction on La Quinta Centre Drive, the City would need to reassess the Centre at La Quinta's environmental documentation to determine if the modification would significantly alter the traffic flow assumptions used in the prior traffic analysis. Specific Plan 97-029 The Centre at La Quinta consists of approximately 87.72 acres of land located at the southeast corner of the intersection of Highway 1 1 1 and Adams Street. The auto dealers own several pads on the west side of La Quinta Centre Drive. Walmart owns a pad on the east side of La Quinta Centre Drive. STAMKO owns other portions of the property on the west side of La Quinta Centre Drive and is in the process of developing and selling portions of that property. The City owns La Quinta Centre Drive. The Centre at La Quinta is governed by Specific Plan 97-029, which was approved by the City Council on July 15, 1997 and amended by Amendment No. 1 on November 17, 1998 and Amendment No. 2 on May 16, 2000. The Specific Plan Section 2.80.1.1 ("Signage — Auto Mall") (as amended) contains sign restrictions that are specific to the auto dealers' property. As City staff understands Mr. Starks' request, the automobile dealers only desire to amend the sign restriction applicable to the Auto Mall (by giving up their present signage rights to obtain signage approval on Highway 1 1 1). Other parcels outside the Auto Mall would be unaffected by the sign restriction changes. While the Specific Plan currently prohibits parking along both sides of La Quinta Centre Drive, presently only the west side of the street has "No Parking" signs. Apparently, Auto Mall patrons are parking along the side of the street bordering the dealerships (the west side) and on occasion have been ticketed for violating the "No Parking" restriction. 2 � ;l The Development Agreement The development at Centre at La Quinta is subject to a Development Agreement, which was entered into and became effective August 20, 1997. The Development Agreement has been amended twice. The Development Agreement, as amended, confers certain "vested rights" to the developer, and its successors in interest (i.e., the present owners of property in Centre at La Quinta). The vested rights are intended to permit the parcel owners to develop their property in conformity with the rules existing as of 1999, and in conforming to the Specific Plan, as amended in 2000. Additionally, in Section 4.1, the Development Agreement prohibits the City from imposing conditions or restrictions on developers and owners that are in conflict with the approvals referenced in the Development Agreement. In Section 4.2.1, the Development Agreement allows the City to make modifications to the governing documents, provided that (1) the modifications "are not in conflict" with those in effect as of 1999, and (2) the application of the modification would not prevent, delay, or make infeasible the development contemplated. According to Section 1.7 of the Development Agreement, amendments to the various plans and permits only become part of the applicable "Development Approvals" governing the development of the site if the parties so agree. Amending the Sign Restrictions in the Specific Plan It is City staff's understanding that the auto dealers are requesting that the Specific Plan be amended to permit signage on Highway 111. This request includes allowing a reader -board for each automobile dealer for its advertisements. Alternatively, the City Council may wish to consider other amendments to the Specific Plans sign restrictions. If the ultimate amendments considered for approval by the Council were acceptable to the dealers, there should be no problem in the adoption and enforcement of the amendments. Ms. Clarke's legal counsel has indicated that it is unlikely that Ms. Clarke will oppose Mr. Stark's request to amend the Specific Plan's Auto Mall sign restrictions (section 2.80.1.1 of the Specific Plan). Further, it is unlikely that any other owners or developers at the Centre at La Quinta would have a legal basis to object to this request because Mr. Stark's request only impacts the Auto Mall property and, therefore, does not inhibit development rights of other developers in the Centre at La Quinta. However, If the City Council decides to impose restrictions on the auto dealers that are not accepted by the auto dealers, it is likely that the auto dealers would claim that they have a vested right to continue displaying the signage currently permitted by the Specific Plan. Ms. Clarke had expressed some concern that reopening the auto dealer sign regulations would reopen the whole of the Specific Plan. However, under state law, (Cal. Gov't Code § § 65453(a), 65358(a)), the City Council could initiate an amendment to Specific Plan Section 2.80.1.1 and leave the rest of the Specific Plan intact. s 19 C) Amending the Parking Restrictions Ms. Clarke has raised concerns about modifying the auto dealers permitted parking. Her concerns include: (1) amending the Specific Plan to create parking on La Quinta Centre Drive may impact the traffic flow that was assumed in the certified EIR and Supplemental EIR; and (2) amending the Specific Plan to allow parking on La Quinta Centre Drive could violate her rights under the Development Agreement. She also objects to any acquisition of her property for off -site parking. Further review of the Development Agreement, the entitlement documents, and the environmental documentation is necessary to completely assess the City's rights as owner of La Quinta Center Drive, as well as the rights of STAMKO and its successors in interest. In addition, Ms. Clarke's legal counsel had not yet had an opportunity to study this issue in order to determine whether STAMKO may have a legal objection to such an amendment. Thus, it is not recommended that an amendment to the Specific Plan to provide parking along La Quinta Centre Drive be initiated at this time. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Initiate an amendment to Section 2.80.1.1 of Specific Plan 97-029 for the purpose of revising the signage restrictions applicable to the Auto Mall and direct staff to investigate alternative ways to alleviate parking congestion at the Center at La Quinta and report back to the City Council on the staff's findings, including whether such alternatives are consistent with the environmental approvals and the Development Agreement; or 2. Do not initiate an amendment to Section 2.80.1.1 of Specific Plan 97-029 for the purpose of revising the signage restrictions applicable to the Auto Mall and do not direct staff to investigate alternative ways to alleviate parking congestion at the Center at La Quinta; or 3. Notify the auto dealers that if they wish to obtain an amendment to Specific Plan 97-029, they may submit an application for the amendment and process it in the normal course; or 4. Provide staff with alternative direction. 4 Respectfully submitted, kry Irman ommunity Development Director Approved for submission by: Thomas P. Genovese, City Manager 1�0 fLa��T O4 � ; O v .Y .� a ^..g �_ ✓�� ✓ teiceu7.n OF Tom' COUNCIL/RDA MEETING DATE: October 21, 2003 ITEM TITLE: Consideration of the December 25, 2003, and January 1, 2004, Holiday Schedule RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The average daily salary and fringe benefits costs are estimated at $18,125 and $7,100 for a total of $25,225. Therefore, the two days are estimated to total $50,450. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the October 7, 2003, City Council meeting, Council considered modifying the December 25, 2003, and January 1, 2004, holiday schedule by including December 26, 2003, and January 2, 2004. The addition of these extra days was discussed with the La Quinta City Employees Association (Attachment 1) and they support the proposed modification (Attachment 2). Over the past seven years, the City Council has granted additional holidays, by minute action, four times (Attachment 3). The most recent holiday schedule modification was in Fiscal Year 2002, which added July 5, 2002, as a paid holiday (Attachment 4) . 199 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a modification to the 2003 and 2004 holiday schedule to include December 26, 2003, and January 2, 2004; or 2. Do not approve a modification to the 2003 and 2004 holiday schedule to include December 26, 2003, and January 2, 2004; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Notice to LQCEA. 2. LQCEA Memorandum. 3. Prior minute actions. 4. Prior announcement of additional holiday. 2 ATTACHMENT 1 MEMORANDUM TO: Anthony Moreno, LQCEA President ti i FROM: Mark Weiss, Assistant City Manager Pp-j, DATE: October 13, 2003 SUBJECT: December 25, 2003, and January 1, 2004, Holiday Schedule The City Council is scheduled to discuss the December 25, 2003, and January 1, 2004, holiday schedule at its regular meeting of October 21, 2003. The Council may consider the possibility, cost and implications of declaring Friday, December 26, 2003, and Friday,. January 2, 2003, as additional paid holidays. City staff will be preparing a staff report for this meeting. The staff deadline for the report is Wednesday, October 15, 2003. We wanted to take this opportunity to advise the LQCEA of the meeting and give you an opportunity to note any concerns, questions or comments on this matter prior to finalizing the report. You may forward any questions or comments that you have to John Ruiz, Personnel/Risk Manager. In consideration of our report deadline, we would appreciate receiving any questions or comments -you might have by noon, Wednesday, October 15, 2003. Thank you. c: Thomas P. Genovese, City Manager John Ruiz, Personnel/Risk Manager 3 g:k'sdoc/mw/ 1013031gcea ATTACHMENT 2 La Quinta City Employees'Association TO: Mark Weiss, Assistant City Manager VIA: John Ruiz, PersonneMsk Manager FROM: Anthony Moreno, LQCEA President DATE: October 14, 2003 SUBJECT: December 25, 2003, and January 1, 2004, Holiday Schedule The La Quinta City Employees' Association has been advised that the City Council is reviewing the holiday schedule and may consider the possibility, cost and implications of declaring Friday, December 26, 2003, and Friday, January 2, 2004, as additional paid holidays. We are pleased that the City Council may consider extending the Holiday Schedule. We would be appreciative if the consideration is approved, but nevertheless are prepared to perform our duties and gladly serve our community if City Hall is open on these respective days. Thank you for your kind consideration and the opportunity to comment. 4 ATTACHMENT 3 City Council Minutes 128 November 6, 2001 3-B. SCHEDULING FOR MEETING OF JANUARY 1, 2002. City Clerk Greek advised the first regularly -scheduled City Council meeting in January 2002 falls on New Years Day and asked Council's preference on rescheduling the meeting. Council concurred to reschedule the January 1, 2002, meeting to Thursday, January 3, 2002. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING COUNCIL DECORUM. Council Member Perkins commented on the recent joint meeting with the various City commissions, which he felt was dominated by a few Council Members. He stated three of the Commissioners also spoke to him about not getting an opportunity to speak.. He requested the Council extend more courtesy to each other and not interrupt when another Council Member is speaking. Mayor Pena expressed appreciation for Council Member Perkins' comments and stated he will try to minimize such actions in the future. 2. DISCUSSION REGARDING COUNCIL MEMBERS' CONFLICTS OF INTEREST. Council Member Adolph requested this item be continued to the next Council meeting. 3. DISCUSSION REGARDING MONDAYS PRIOR TO SCHEDULED HOLIDAYS OF DECEMBER 25, 2001, AND JANUARY 1, 2002. Councill Member Sniff suggested City Hall be closed December 2e and 31 n due to Christmas and New Years Day falling on a Tuesday. After a brief discussion, Council concurred. 3 5 a t . -1 1 City Council Minutes 22 December 2, 1997 C. PARK & RECREATION COMMISSION APPOINTMENT. Council concurred on directing staff to age4ze a discussion of boards/commissions for the second meeting in January and to not accept any further applications. DISCUSSION OF DECLARING DECEMBER 26, 1997 A CITY HOLIDAY FOR CITY EMPLOYEES. Council Member Sniff felt it would be a positive gesture toward staff to declare December 26th and January 2nd (both Fridays) as City holidays. He felt having a work day between a holiday and the weekend would not be productive. A -brief discussion ensued, resulting in Council indicating its desire to give City employees December 26th and January 2nd as holidays - to be implemented administratively or agendized for the next Council meeting for formal action. 2. DISCUSSION OF LOCATION OF UTILITY BOXES AT INTERSECTIONS. Council Member Adolph noted the presence of four large utility boxes at the Jefferson Street/Highway 111 intersection where the Ciity's monument sign is proposed to be installed. He suggested the possibility of relocating the boxes so as not to interfere with the statement that Council is wishing to make with the new monument sign and felt a policy should be considered to keep such boxes away from the comers in the future. Mr. Genovese, City Manager, advised that staff is looking into the options available regarding these boxes. 3. DISCUSSION OF COUNCIL DECORUM. CouncE Member Perkins noted that under the protocol laid out in the Council's Rules of Procedure, once a Council Member has spoken on an issue, he/she are not supposed to discuss the issue any further until the other Council Members have had an opportunity to speak to the issue. He further noted that the Mayor usually speaks last and asked that such procedures be followed in the future to give everyone equal opportunity. a City Council Minutes 23 July 2, 1996 MOTION - It was moved by Council Member Sniff/Mayor Holt to continue to collect the current landfill tip fee rates to capture and utilize the $8.50 per ton reduction to fund programs reduced or eliminated by the Riverside County Waste Management Resources District (WMRD) and to continue the public hearing to the next Council meeting on the refuse collection, solid waste programs, and the AB939 compliance charges to be placed on the Tax Rolls. Motion carried unanimously. MINUTE ORDER NO. 96-111. 11 FIVOIX.11 ► I 0X#111W1*1LqU, 11 11.1 4;1-V11 1. CONSIDERATION OF RESCHEDULING THE JULY 16TH COUNCIL MEETING. Mayor Holt advised that she would be leaving on July 16th to attend the League of California Cities Conference and asked if the Council would consider rescheduling the July 16th Council meeting. . MOTION- It was moved by Council Members Sniff/Henderson to hold the next Council meeting on July 22, 1996 at 3:00 p.m. instead of July 16, 1996. Motion carried unanimously. MINUTE ORDER NO. 96-112. 2. CONSIDERATION TO DECLARE JULY 5TH A CITY HOLIDAY. Council Member Sniff suggested that July 5th be declared a City holiday. Mr. Genovese, City. Manager, advised that he would need the Council's authorization to declare it a holiday and give the employees the day off provided the Employees Association concur and waive any further actions in regards to the meet and confer process. MOTION - It was moved by Council Members Sniff/Perkins to authorize the City Manager to declare July 5th a City Holiday, giving City Employees the day off should the Employees Association concur and waive any further actions in regards to the meet and confer process. In response to Mayor Holt, Ms. Honeywell, City Attorney, advised that she didn't see any problem with doing it as long as labor counsel is consulted to make sure that it's handled appropriately. Motion carried unanimously. MINUTE ORDER NO. 96-113. j VA- City Council Minutes 22 June 18, 2002 RESOLUTION NO. 2002-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE AMENDED INVESTMENT POLICY FOR FISCAL YEAR 2002/2003. It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2002-99 as submitted. Motion carried unanimously. 4. CONSIDERATION OF THE JULY 4, 2002, HOLIDAY SCHEDULE. Assistant City Manager Weiss presented the staff report. Council Member Sniff stated he felt the extra holiday was an appropriate way to show additional appreciation of the City's employees. He noted extra holidays have been approved in the past and that this will be the only opportunity to provide an extra holiday this year since the other holidays fall on Wednesday. Council Member Henderson stated she could not support it because she doubts the cost has been figured in with the Fiscal Year 2002/2003 budget and it would need to be discussed during the budget meeting. Council Member Perkins pointed out the costs listed in the staff report are not additional costs and will be paid regardless. He totally supported the extra holiday because he feels it's an opportunity for the Council to express their appreciation to the employees. Council Member Adolph stated he didn't have a problem granting the extra holiday as long as it doesn't set a precedent for every time a holiday falls on Tuesday or Thursday. He feels it's appropriate to give extra time off at New Years and Christmas but voiced concern about other holidays that may fall on Tuesday and Thursday. He noted the City is here to provide services for the community and that can't be done when City Hall is closed. Mayor Pena stated the employees union did not negotiate for this holiday and he feels if an .employee wants to take the day off he or she should request it. He supported keeping City Hall open. Council Member Sniff continued to support the extra holiday and noted the opportunity isn't available very often. He felt the staff report is somewhat deceptive because there are no additional costs involved. 8 i'� City Council Minutes 23 1 June 18, 2002 Council Member Henderson agreed there are no additional costs but noted the money is being spent without any benefit in return. She felt the Council has expressed their appreciation for the employees' hard work by negotiating in good faith to be good employers. As for the suggestion that this is singular in nature, she recalled this being more than the fourth time the Council has done this since she has been on the Council. Council Member Sniff. noted extra holidays have been approved only three times over the last six years. Council Member Henderson stated it's difficult for her to vote for this for the same reason she doesn't support other expenditures for various commissions and grant requests. She stated the Council is bound by fiscal responsibility and some of the residents expect City .Hall to be open. MOTION - It was moved by Council Members Sniff/Perkins to approve a modification to the 2002 holiday schedule and include July 5, 2002, as a paid holiday. Motion carried with Mayor Pena and Council Member Henderson voting NO. MINUTE ORDER NO. 2002-87. 5. CONSIDERATION OF ACCEPTANCE OF A DONATION OF ART PIECES FROM PACIFIC SANTA FE CORPORATION. Community Services Director Horvitz presented the staff report. In response to Council Member Adolph, Ms. Horvitz stated according to Pacific Santa Fe Corporation, the artists were notified during escrow that they would forfeit ownership of the art pieces if they didn't respond within a certain period of time. City Attorney Jenson advised the City does not have verification that the letters to the artists were sent to the correct addresses nor sufficient certainty that such notification is effective to transfer title of the artwork. She stated the City could be at risk of paying the cost of relocating the artwork and someone make a claim on it. Mayor Pena asked if the notifications were sent certified mail, to which Ms. Horvitz responded she didn't know. Council Member Sniff stated he wasn't impressed with the art pieces and didn't feel the City should accept the donations without legal certainty that Pacoic Santa Fe Corporation has clear title to the art pieces. �� 0 ATTACHMENT 4 (Y ��Q�rw MEMORANDUM TO: All City Employees FROM: Thomas P. Genovese, City Manager DATE: June 20, 2002 SUBJECT: July 4t' Holiday Schedule The City Council has graciously added July 5, 2002, to the fiscal year 2002/03 holiday schedule. We wish you and your family a good July 4t' holiday week -end. c: City Council 10 COUNCIL/RDA MEETING DATE: October 21, 2003 Consideration of a Request to Reconsider Environmental Assessment 2003-478, Specific Plan 2003-065, Tentative Tract Map 31379, and Site Development Permit 2003-778, Centex Destination Properties RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Continue the item until after the public hearing on the Development Agreement, and if the Development Agreement with Centex Destination Properties is approved, decline to reconsider the matter. FISCAL IMPACT: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council continued this item at their meeting of October 7th at the request of the developer. The developer has indicated that if the Development Agreement with Centex Destination Properties is approved, it no longer wishes to seek reconsideration of its development approvals. City Council Resolution 2003-025, a revision of Section 7.3 of Resolution 98-109 regarding Rules of Procedure for City Council meetings, allows a member of the City Council to request, within seven calendar days, any action taken by the Council to be brought back for reconsideration. Staff received a request from Mayor Adolph, within the allowed time, to agendize this project for reconsideration (Attachment 1). The reconsideration, if granted, opens the prior approvals for further review. The applicant had requested the Council to concentrate on Condition No. 14 of the Specific Plan and potential changes pertaining thereto. 0 i� to , However, the applicant has subsequently indicated that if the Development Agreement is approved, it no longer wishes to pursue reconsideration of the Condition. The item is before the Council for consideration and direction. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Continue the item until after the public hearing on the Development Agreement, and if the Development Agreement is approved, decline to take action on the request for reconsideration; or 2. Approve the reconsideration and set a date for the public hearing; or 3. Do not approve the reconsideration, confirming the approvals as made; or 4. . Provide staff with alternative direction. Respectfully sub itted, J D. �F�'a Cotnmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Letter of Request for Reconsideration Bss 2 � ATTACHMENT 1 OFFICE OF THE MAYOR September 23, 2003 Dear Tarn: ti5 G� OF'I''9 COUNCHJRDA MEETING DATE: October 21, 2003 ITEM TITLE: Discussion of City Hall Expansion RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Provide staff with direction regarding the scope of the proposed City Hall expansion as well as input on the schematic plans provided. FISCAL IMPLICATIONS: The Civic Center expansion project is listed as one of the City's Capital Improvement Projects. The cost for a basic expansion was estimated at $3.6 million dollars. The architect's estimate based on staff input for future needs is $4.2 million dollars. Increased scope options, which include an Emergency Operations Center ($1.5 million) and a second floor meeting room ($1.6 million), if included, would add an additional $3.1 million to the basic expansion estimate, for a total of $7.3 million for the entire expansion project. The source of funding for the project is the Development Impact Fee (DIF). However, based on the original estimate for the project costs, that source will only generate $3.6 million in funding. Staff has previously projected the need for a $2.1 million loan from the General Fund to accelerate construction of this facility as currently identified in the DIF. Any amount over $3.6 million will have to come from an alternate funding source(s) or the DIF would have to be amended to make up the shortfall. While the final decision as to an alternative funding source does not need to be made today, if the City Council decides to go beyond the basic scope of the City Hall Expansion, staff will have to identify possible additional funding sources for City Council consideration at a later date. One funding option that is not available due to legislative restrictions is the use of Redevelopment Agency funding for the construction of a City Hall. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Hall Expansion is identified in the Capital Improvement Program (CIP). It was projected that the facility would have to be expanded by 15,000 square feet at a cost of $240 a square foot for a project cost of $3.6 million. The Development Impact Fee was identified as the funding source for the project and the money collected is based on the $3.6 million cost estimate. To date, $364,687 has been allocated from the Civic Center DIF for design costs, leaving a balance of $3,235,313 available. In September, 2002, the City entered into a contract with David Evans and Associates to design the expansion. The project architect for the original City Hall (John Eloe) is a member of the design team. Over the past year the architect has met with staff from each department on several occasions to determine the current, as well as future needs based on a ten-year projection. Based on that input, the architect developed the program booklet which is included as Attachment 1. Provided as Attachment 2 is a schematic design booklet that reflects a floor plan that will meet the needs established in the program booklet. In addition to the basic office needs, the schematic identifies two optional amenities that the City Council may want to add to the scope of the project. The first is an Emergency Operations Center (EOC). The current EOC doubles as a loading dock and temporary storage area. It is undersized and would not function efficiently in an actual emergency. Staff believes it is imperative to have an adequate EOC for emergency response. The proposed plan, if constructed, would help to insure the City's ability to respond to its citizens during a catastrophic event. The proposed design will serve the City through build out. The City Hall expansion project is quite likely the last opportunity to address the deficiency in the EOC other than locating it at an alternate site. The second optional amenity is a second floor multi -purpose meeting room complete with audio visual equipment and capable of holding up to two hundred people. At an estimated cost of $1.6 million, coupled with the fact that the existing Senior Center and the future library will provide meeting space on the 2 Civic Center campus, staff is recommending that this amenity not be added to the scope of the expansion project. Additionally, the funding for this addition, in consideration of the City's other needs, would be difficult to achieve and hard to currently justify. Staff is looking for direction as to the scope of the expansion as well as input from the City Council on the proposed floor plan and elevations. Respectfully submitted, ✓Cl��l Tom Hartung, Directo of Building and Safety Approved for submission by: zz� Thomas P. Genovese, City Manager Attachments: 1. Program Booklet 2. Schematic Design Booklet 3 REPORT/INFORMATIONAL ITEM: /(0 INVESTMENT ADVISORY BOARD Meeting September 10, 2003 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Chairman Mahfoud, followed by the Pledge of Allegiance. PRESENT: Board Members Moulin, Olander, Deniel and Mahfoud (5:33) ABSENT: Chairman Lewis OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Secretary II PUBLIC COMMENTS III CONFIRMATION OF AGENDA Mr. Falconer advised the Board of a handout prepared by Staff, which was a follow-up of two items from the July meeting and requested that it be discussed under Board Member items. IV CONSENT CALENDAR A. Approval of Minutes of Meeting on July 9, 2003 for the Investment Advisory Board. MOTION - It was moved by Board Members Moulin/Olander to approve the Minutes of July 9, 2003. Motion carried unanimously. V. BUSINESS SESSION A. Transmittal of Treasury Report for June and July 2003 In response to Board Member Moulin, Mr. Falconer informed the Board that if they would like the historical information for June that it could be included in the next scheduled meeting. Board Member Moulin stated that the July report did contain the historical information for June. Investment Advisory Board Minutes SEPTEMBER 10, 2003 Board Member Moulin commented to the Board that Ms. Swan -Draper at the July meeting stated that Staff moved up the GSE's and Board Member Moulin felt that these were moved at the right time. Mr. Falconer informed the Board that in July, a T-Bill matured for $13 million and the proceeds were rolled over into GSE's. Mr. Falconer advised the Board that on page 15, of the Treasurer's Reports, under Cash Flow Analysis, a bond sale was priced on September 2, and will settle on September 25. The bond will be approximately $25 % million, which has been added to the forecast. Board Member Deniel asked what the face amount was of the bond. Mr. Falconer replied to the Board that the Bond was $26.4 million. In response to Board Member Deniel, Mr. Falconer advised the Board that the bond was not sold at a discount, that the difference included the fees, (i.e. underwriter discount, cost of issuance, surety fees, credit enhancement fees)with no premium discount. In response to Board Member Moulin's question regarding the taxable bond sale, Mr. Falconer advised the Board that there were four terms and the rates were anywhere from 4.8% to 6.44%, with the net true interest of 6.37%. Board Member Deniel asked the Board why the bond was taxable if the City was issuing the bond. Mr. Falconer replied that the proceeds will be used for private activities relating to the SilverRock Ranch Property which is taxable by the IRS. In response to Board Member Moulin, Mr. Falconer informed the Board that most tax exempt bonds have a 5% to 10% rule, which could be used for private activities but in this particular case, dealing with the ranch and preferred tee times and possible private use for the Bob Hope Classic, the bond counsel refers to these as private activities. Mr. Falconer continued that the impact to the agency is that the City cannot issue as much debt because the interest rates are higher. The City currently pays an interest of 6.37%, which is higher than a tax exempt bond. The security for these bonds is based on property tax increments from RDA Area 1, South of Avenue 50 all the way to PGA West. Board Member Deniel asked if Staff could segregate the increasing value from what it used to be to what it is and what the taxes use to be and to what it is. Mr. Falconer replied to the Board that the County Auditor Controller's Office handles this. In response to Board Member Moulin, Mr. Falconer advised the Board that the Agency opted not to enter into General Obligation Bonds, because it requires a vote of the people. Mr. Falconer continued by stating that the reason the 2 N�� Investment Advisory Board Minutes SEPTEMBER 10, 2003 Redevelopment Agency was formed was so the property taxes would not go to the County. Therefore the money stays within the City and can be used for whatever the Agency approves. The security for the bonds is tax increment and if for some reason the tax increment falls; such as if there are Prop 8 reevaluations, the bond holders are at risk. Board Member Olander asked Staff who was the underwriter for the bond issue. Mr. Falconer replied that the City's bond underwriter is Wedbush Morgan. Board Member Moulin asked if the bond Counsel receives a flat fee. Mr. Falconer replied to the Board that they do receive a flat fee and the sales bond was not negotiated. Board Member Moulin asked Staff who were the primary people within the City that helped arrange this? Mr. Falconer replied to the Board that the City has an Economic Development team which consists of the City Manager, Assistant City Manager, Redevelopment Director and the Finance Director, along with consultants, City Attorney, Bond Counsel, Disclosure Counsel, Financial Analysts and Pricing Consultant. Board Member Mahfoud asked Staff if the bonds are traded in the secondary market. Mr. Falconer replied to the Board that he did not know if they were still in the underwriter's inventory. In response to Board Member Olander, Mr. Falconer replied to the Board that the City is moving along on the Ranch Project; currently the City has scheduled upcoming meetings for a RFP for a clubhouse architect and Council and the RDA will be discussing the selection of a marketing firm and an engineer for the project. MOTION - It was moved by Board Members Moulin/Olander to approve, receive and file the Treasury Report for June and July 2003. Motion carried unanimously. B. FY 03/04 Investment Advisory Board Work Plan Board Member Moulin commented to the Board that he was surprised that the Treasurer was discussing having money managers come in and give a pitch, when this subject was brought up at the previous meeting and he felt that this should be discussed when the Treasurer was here to give his comments or input. Mr. Falconer advised the Board that the day before the meeting in July, that this was discussed with Chairman Lewis over a phone conversation. Chairman Lewis discussed his desire to possibly entertain a money manager. Mr. Falconer informed Chairman Lewis of the past situation of Weymer 3 Investment Advisory Board Minutes SEPTEMBER 10, 2003 and the past direction of the Investment Advisory Board, which at that time was not permitted in the Investment Policy. If this was something to be considered, Mr. Falconer suggested to Chairman Lewis that it could possibly be placed in the work plan during this current fiscal year and incorporated in the Investment Policy. Mr. Falconer advised the Board that the City Council will discuss a particular item they may want at the scheduled meeting in October. (The City Clerk will bring this up at the next scheduled Council meeting for a tentative date. On this scheduled date all boards and commissions have a 45 minute window to sit and talk to the Council about any items the Council might consider.) Mr. Falconer advised the Board that this might be a good time to discuss a money manager with the Council members. That in the past, direction from the Council has been to develop an RFP; therefore if someone was to come in and present educational information, there would be no intention of signing a contract. Mr. Falconer commented to the Board that reading through the previous meeting minutes that this gives clarification of how this suggestion arose and where he stood. Board Member Moulin advised the Board that at the previous meeting it was discussed that the Board has a buy and hold policy and the Board is not trying to manage the funds the way a money manager would. The Board currently looks at the best investment that both Staff and the Board could invest in along with matching the maturity with the projection of the cash flow. Board Member Moulin stated to the Board that he is somewhat skeptical of how a money.manager fits in with the City Is way of investing. Board Member Deniel advised the Board of a previous employer, Capital Group Companies, which was a group that managed over $800 billion in investment management. They had equities and fixed income, which is a totally separate department. They have invested monies for many cities as well as university endowments, different groups that do different things and they are also well known as distributors and money managers for American funds. Board Member Deniel advised the Board that they would have no objections or expectations in coming in and doing a presentation as what they can or cannot do for the City. Board Member Deniel stated that there is nothing lost as to hearing what someone has to offer and it doesn't mean that the City would place all their funds, they can start out with whatever is not being used at that time. Board Member Moulin asked if the fees were based on the size of the portfolio. Board Member Deniel replied to the Board that they have mutual funds that are 11 Investment Advisory Board Minutes SEPTEMBER 10, 2003. distributed to the public at 37 basis points. The fees would probably be less; if the fund does well enough to recover the 37 basis points, then it would be worth it. It's through their management of just moving up the yield curve, giving the current economic conditions, along with parameters given by the City. Board Member Olander stated to the Board that with the current yields and the current money market the way they are, the City is at a lull in terms of the investments. They might have techniques that might increase the City's yields without giving up the City's normal standards, if anything we might learn from the experience. Board Member Moulin asked if they can invest in U.S. Government bonds and GSE's better than the way the City can. Board Member Olander replied to the Board that they can move faster or maybe anticipate certain things. Board Member Deniel stated to the Board that they can hedge with futures. Board Member Mahfoud reminded the Board that the Investment Policy does not allow us to use any type of hedging strategies. Board Member Deniel advised the Board that the Investment Policy could be given to the presenter(s) of a money management firm and they would have to abide by the City's policy, or the firm might even come to the City with recommendations. Mr. Falconer advised the Board that is why the City would develop the RFP, to include such matters: as does the City want delivery vs. payment, do we want to use the current three broker/dealers to get bids, do we want GSE's or Treasuries, do we want a certain amount of money, do we want to extend out longer to get a good return, and that there is a great deal to be worked out for the RFP process. Board Member Mahfoud advised the Board that a money manager will use hedging strategies; for example if $6 million was going to mature in 30 days, in order to hedge interest rate risks, he may go into a future contract and would this be allowed in our Investment Policy? Mr. Falconer replied no. Board Member Deniel stated to the Board that current policy does not allow the Treasurer or internal manager to go into futures or use hedging strategies; however the policy is adopted by the City Council and if the City Council were to approve that a certain portion of the portfolio is to be managed by a professional manager, the Council might consider allowing the manager to use hedging strategies. Board Member Mahfoud asked if the City Auditors would allow hedging. Mr. Falconer advised the Board that the City needs to abide by the State Codes. There are two issues, does the Board feel comfortable reporting losses and giving the City's money 5 �1 Investment Advisory Board Minutes SEPTEMBER 10, 2003 to a professional with our guidance. Board Member Mahfoud asked the Board what criteria does the City use for the selection process or does the Board have enough knowledge as to what to look for. Mr. Falconer advised the Board that an RFP process be set up. Mr. Falconer also advised that this be discussed with Council and that the meeting scheduled with the Council Members in October would be the ideal time to discuss this matter with them. Board Member Deniel asked the Board if the RFP process would be done prior to hearing what a money manager could do for the City. Mr. Falconer replied that he didn't want to be presumptuous, but the Board would probably need to find out from Council if they wanted the Board to go forward with this idea; in terms of the RFP process, from an educational standpoint there shouldn't be any issue. Board Member Deniel stated that an invitation for just a presentation might be educational and/or help the Board to decide whether they need a money manager. Mr. Falconer advised the Board that if they wanted to place the work plan for educational purposes only and upon the decision of the Council from the meeting in October, the Board can proceed from there. Board Member Mahfoud asked if the Board was ready to make a case before Council regarding the money manager. Board Member Deniel stated that she was not ready to make a case before Council until the Board has had a chance to hear what a money manager can or cannot do for the City. Board Member Deniel also stated to the Board that if one or two firms were invited to make a presentation, at that time the Board would let the money managers describe what they do and we would explain how we invest. "These are policies and if hired by the City what can you do for us?" Board Member Mahfoud asked the Board if they wanted to meet with the money manager before the scheduled meeting with the Council or have the money manager at the meeting with the Council. Board Member Deniel again stated that she would like more education as to what they can or cannot do for the City. Board Member Olander agreed. Board Member Moulin agreed and also stated that this should be considered a long term idea. Board Member Moulin suggested to the Board that this idea be listed on the work plan as something to be considered for this fiscal year and towards the end of the year maybe come up with a recommendation. Board Member Olander suggested that this idea be listed as a high priority. Board Member Deniel stated to the Board that the Board go through the presentations, get some education and it could be possible the Board will decide at that time C Investment Advisory Board Minutes SEPTEMBER 10, 2003 that they would not be able to use a money manager. Board Member Deniel advised the Board that both she and Chairman Lewis had several firms in mind to give a presentation. Mr. Falconer suggested that the Board place this particular item on the work plan for consideration by Council and based on their decision, at the next scheduled Board meeting come back with suggested criteria for choosing a money manager. Board Member Mahfoud advised the Board of the other items to be listed on the next fiscal year work plan: GSE's, LAIF, commercial paper and RFP for banking services. Board Member Deniel stated to the Board that in addition to the list mentioned, that the work plan would also read with the exploration idea of an open mind to investigate the possibility of having a money manager exist in the management of the current portion of funds of the City. Board Member Olander suggested to the Board to state "exploratory discovery discussions." Board Member Moulin suggested to the Board "preliminary discovery." MOTION — It was moved by Board Members Moulin/Olander to approve the 2003/2004 Work Plan. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — August 2003 Board Member Deniel asked the Board what is the Wells Fargo Housing account? Mr. Falconer replied to the Board that a separate bank account is setup to track a housing program within the City. Back in the early 90's, construction was depressed and a builder in the cove had 50 homes that were fairly new and he was not able to sell them, so the City used low/moderate income funds to purchase these homes. Mr. Falconer stated to the Board that for the people that rent these homes, their monthly rent is subsidized by the County. In order to track the money, this account was setup; also over the years there has been an excess of money, which is invested in LAIF, as part of the investment pool. The homes are owned by the Redevelopment Agency and Council has directed staff to sell the homes, which are sold to the renters, if they qualify and will give those renters an opportunity to own their own home. There is also a program within the City of La Quinta to help with the 7 Investment Advisory Board Minutes SEPTEMBER 10, 2003 second trust deed, a silent second. Board Member Moulin asked Staff if the City had a program for employees, policeman, fireman, and teachers. Mr. Falconer advised the Board that the City is required by the State to maintain a certain amount of homes for low/moderate housing. An employee within the City who qualified for the silent second program has purchased a home. Board Member Deniel asked Staff what the difference was between City LAIF and RDA LAIF. Mr. Falconer replied to the Board that there was no distinction they are just two different accounts. Mr. Falconer advised the Board that at one time the City had a $10 million maximum to invest in LAIF therefore a second account was opened. In response to Board Member Moulin, Mr. Falconer advised the Board that the current cap on LAIF is $40 million per account, 25% of the City's portfolio. Mr. Falconer also advised the Board that LAIF will also open funds for bond proceeds, which are separate. Noted and Filed B. Pooled Money Investment Board Reports - May and June 2003 Board Member Olander made general comments on the current shifts that have been made in the LAIF portfolio between treasuries, agencies and commercial paper, which is at the expense of loans. Board Member Olander also commented on the small decline of CD's. Mr. Falconer commented on the current LAIF portfolio size. Board Member Olander commented that commercial paper went from 21 % to 25%. Board Member Deniel asked the Board who besides herself and Mr. Falconer will be in attendance to the LAIF Conference. Mr. Falconer advised the Board that an open slot still remains and if there was any interest to notify Staff no later than Friday, September 19'. Noted and Filed C. Increase in Board Compensation Noted and Filed 8 nn0 �.j.40 Investment Advisory Board SEPTEMBER 10, 2003 Minutes D. Request for Proposal for Banking Services Update Mr. Falconer advised the Board that this is one of the most important items done this fiscal year. RFP's are submitted to local banks listed on the City's registry, banks within the City and banks that offer services to Governments. A copy of the RFP was included for the Board's review. Mr. Falconer advised the Board that Staff would like to schedule interviews in November for those banks that reply to the RFP. In the past there were three banks that responded: Bank of America, Wells Fargo and Union Bank. Mr. Falconer advised the Board that Washington Mutual also has inquired. Board Member Moulin commented to the Board that he felt the City should stick to larger banks. In response to Board Member Deniel, Mr. Falconer commented to the Board that the current bank (Wells Fargo) offers the same benefits to City employees as they would any other customer. Board Member Deniel advised the Board that one of the key services that larger banks provide are sweep accounts and interest payments on deposits, such as Wells Fargo. Mr. Falconer advised the Board that the City had at one time a treasury sweep account, but the interest was more than the fees that were being earned, so the sweep account was discontinued and the City went to compensating balances. With the interest rates so low, the City would be losing money every month on a sweep account. Noted and Filed VIII BOARD MEMBER ITEMS Mr. Falconer advised the Board that due to his absence at the July Board meeting and upon reviewing the July meeting minutes, the handout was a result of a question from Board Member Moulin that Staff was unable to answer. Mr. Falconer clarified to the Board that the $14 million was from the County Housing Investment. Mr. Falconer also clarified that the second page was a result of the changes from the previous year's cash balances which were $1 15 million in 2002 to $113 million 2003; he referred back to May 31, 2003 Treasurer's Report and put down what funds they were in and the changes. Board Member Moulin asked Staff if the audit field work was done. Mr. Falconer replied that Staff has received draft financial statements. There were a 6 �3 Investment Advisory Board Minutes SEPTEMBER 10, 2003 few housekeeping items, none which related to cash investments. There was one area in the Auditors cash work which dealt with confirming the rating status of the First American Fund. The bond indenture requires the money market funds have a certain rating, A rating. Mr. Falconer contacted Standard and Poors and had them speak with the Auditors regarding the rating. Board Member Moulin advised those new Board Members that the Board meets with the Auditors once a year to discuss audit areas of cash investments. Board Member Deniel asked the Board when they will receive a copy of the audit report. Mr. Falconer clarified to the Board that the audit partner meets with the City Manager to review the audit and ask any questions, then the audit partner will meet with the City .Council around November/December, which at this time presents the audited statement to the City Council. Around December/January the audit partner meets with the Board and reviews cash footnotes and at that time addresses any questions from the Board. In response to Board Member Deniel, Mr. Falconer clarified that there are two kinds of comments, material weaknesses and housekeeping items. At this time there are no material weaknesses, but there are a few housekeeping items, which could be subject for discussion with the Board if they pertain to cash and investments. Mr. Falconer continued that he was not aware that these housekeeping items pertained to cash and investments. Board Member Moulin advised the Board that their jurisdiction is limited and there is no audit committee to the City. The Board does have the authority over the control of cash and investments and the handling of the internal controls, for this purpose the Board meets with the auditors. The auditors review what has occurred and 100% confirmation of securities. VIII Adjournment MOTION - It was moved by Chairman Mahfoud/ Board Member Moulin to adjourn the meeting at 6:35 p.m. Motion carried unanimously. Submit d by, �- Vianka Orr tia Secretary 10 0.- "4. 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 9, 2003 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 Quill to lead the flag salute. B. Present: Commissioners Paul Quill, Robert Tyler, and Chairman Tom Kirk. It was moved and seconded by Commissioners Tyler/Quill to excuse Commissioners Abels and Daniels. Unanimously approved. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney Michael Houston, Assistant City Engineer Director Steve Speer, Planning Manager Oscar Orci, Principal Planner Stan Sawa, Associate Planners Wallace Nesbit, Greg Trousdell, Martin Magana, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT ITEMS: 1. Chairman Kirk asked if there were any corrections to the Minutes of August 12, 2003. There being no corrections, it was moved and seconded by Commissioners Tyler/Quill to approve the minutes as submitted. Unanimously approved. 2. Department Report: None. V. PUBLIC HEARINGS: A. Continued — Environmental Assessment 2002-462, Specific Plan 2002- 062, and Site Development Permit 2002-754; a request of Jefferson Waring, LLC for consideration of: 1) certification of a Mitigated Negative Declaration of environmental impact; and 2) review of development principles and design guidelines for a 50,000 square foot market, 23,000 square foot drug and retail store and 20,970 square feet of retail shops Planning Commission Minutes September 9, 2003 on a 10.7 acre site located at the southwest corner of Jefferson Street and Fred Waring Drive. 1. Chairman Kirk asked for the staff report. Staff informed the Commission that the applicant had requested a continuance of the project. 2. There being no discussion, it was moved and seconded by Commissioners Tyler/Quill to continue the project to October 14, 2003, as requested. Unanimously approved. B. Tentative Tract Map 29436 — Extension #2; a request of Trans -West Housing for consideration of a one year time extension to file a final map for a subdivision of 190 acres into 1269 single family lots located on the north side of Eisenhower Drive, approximately %2 mile west of Washington Street 1. Planning Manager Oscar Orci informed the Commission the applicant had requested a continuance to the Planning Commission meeting of September 23, 2003. 2. There being no discussion, it was moved and seconded by Commissioners Tyler/Quill to continue the project to September 23, 2003. Unanimously approved. C. Tentative Tract Map 31249; a request of Madison/58" Partners, LLC for consideration of a subdivision of 33 acres into 85 single family lots located on the south side of Avenue 58, approximately %2 mile west of Madison Street. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit 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 Tyler asked about the 20 foot easement on the three sides of the project as the letter from the attorney for Coral Mountain does not show the issue as being resolved. Assistant City Engineer Steve Speer stated the easement holder (Coral Mountain) does have access rights and they intend to use it. The easements are primarily for emergency and utility access. 0r)�4. 4W G:\WPDOCS\PC Minutes\9-9-03WD.doc 2 Planning Commission Minutes September 9, 2003 Commissioner Tyler asked if the Coral Mountain Specific Plan was still active. Staff stated it was active, but currently in the process of being amended; however, it does not show any access along the northern boundary. 3. Chairman Kirk asked if the City/applicant can enforce the first part of Condition 17. If the easement is recorded, can the City enforce an alternate right-of-way. Assistant City Attorney Michael Houston stated the easement holder, Coral Mountain, must agree to any changes in the easement. The City, or applicant, cannot obtain a change in the easement, or force the easement holder to change an easement, or take an alternate route. If a change in an easement is considered, it must be agreed to by the easement holder, although the easement holder may not overburden the easement. 4. Commissioner Quill asked if this wasn't a legal issue between the two parties. Assistant City Attorney Houston stated that was correct. We could condition the applicant to take certain actions, but cannot force the owner of the easement to take alternative action without their consent. 5. Commissioner Tyler asked if the applicant had the option to reduce the right of way down to 40 feet on Avenue 58, what value was used for the tract map. Staff stated Avenue 58 had been reduced to a Secondary Arterial, thus the condition. Commissioner Tyler questioned Condition #36 that since there were no adjacent developments, this condition should be removed. He asked if Condition #54 included a provision to bring this street up to City's urban standards. Assistant City Engineer Steve Speer stated sometimes this is not known until they review the improvement plans and know what the longitudinal grade will be. A condition should be added that requires this to be done if it is determined to be such. Commissioner Tyler asked that a condition be added regarding the new CVWD landscaping conditions. Lastly, Condition #85 should be changed to reflect the height of the homes within 150 feet along Avenue 58. 6. Chairman Kirk asked if Avenue 58 was ever considered to be a Primary Arterial. Assistant City Engineer Steve Speer stated yes. All prior General Plans have shown Avenue 58 as a Primary Arterial, but the most recent General Plan has downgraded it to a 007 G:\WPDOCS\PC Minutes\9-9-03WD.doc 3 Planning Commission Minutes September 9, 2003 Secondary Arterial as it is building out at a lower density than anticipated, therefore, no raised median. 7. Chairman Kirk asked why the access lined up with the development across the street. Staff stated the City did not force it or oppose it. As far as meeting signal warrants, they are met when the leg of the cross street with the most cross traffic meets the warrants; not the combination of the two. They can be offset in one direction, but not the opposite direction. 8. Chairman Kirk asked if the applicant would like to address the Commission. Mr. David Turner, Coachella Valley Engineers, engineer for the project, questioned Condition #17, as they would like to have it deleted. The easements are for the parcel directly south of this project. Coral Mountain purchased this property and now has access to Avenue 58 and Madison Street without a need for the easement. It is their purpose to use it for emergency/utility uses. They are in discussions with them to vacate the easements. .They would like the condition deleted and let the parties work it out. Also Condition #36 regarding building heights should be deleted as there is no tract adjoining them. Condition #54.0 & D., they would request they be conditioned to either have a multi- purpose trail, or a sidewalk. Condition #57, they would request it also be deleted. In regard to Condition #65 they would like to request clarification as it appears all the homes will need to be sprinklered and it should read that any homes greater than 5,000 square feet shall be sprinkerled. Lastly, Condition #85 should be corrected to read, "building heights shall be limited to one story, 22 feet along Avenue 58 adjacent to the tract for a distance into the site of 150 feet." 9. Chairman Kirk asked if there was any other public comment. There being none, Chairman Kirk closed the public hearing and opened the matter for Commission discussion. 10. Chairman Kirk asked staff about the condition regarding the multipurpose trail. Staff stated the General Plan is specific in that it is to be one or the other. With respect to Condition 57, staff has no objection to deleting it. Chairman Kirk asked if staff had any objection to deleting Condition # 17. Staff stated there was none. 008 G:\WPDOCS\PC Minutes\9-9-03WD.doc 4 Planning Commission Minutes September 9, 2003 11. Commissioner Quill asked for clarification on the two story height requirement. Staff clarified the condition should be corrected as it applies only to tracts that have adjoining tracts. In this case staff is only concerned with houses next to a street. Commissioner Quill asked if the trail was required. Staff stated it is required by the General Plan. 12. There being no further discussion, It was moved and seconded by Commissioners Quill/Tyler to adopt Planning Commission Resolution 2003-060 recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-475, as recommended. ROLL CALL: AYES: Commissioners Quill, Tyler and Chairman Kirk. NOES: None. ABSENT: Commissioners Abels, Daniels. ABSTAIN: None. 13. There being no further discussion, it was moved and seconded by Commissioners Quill/Tyler to adopt Planning Commission Resolution 2003-060 approving Tentative Tract Map 31249, as recommended/amended: a. Condition #17: Deleted b. Condition #36: Deleted C. Condition #54: Clarifying the condition to note whether or not it is to be a multipurpose trail and/or sidewalk d. Condition #57: Deleted e. Condition #65: Clarifying regarding what should have sprinklers. f. Condition #85: Clarify that two-story houses are restricted along Avenue 58 only. ROLL CALL: AYES: Commissioners Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioners Abels and Daniels. ABSTAIN: None. D. Environmental Assessment 2003-478, Specific Plan 2003-065, Tentative Tract Map 31379, and Site Development Permit 2003-778 — Villa La Quinta; a request of Centex Destination Properties for consideration of certification of a Mitigated Negative Declaration of environmental impact; review of development guidelines and standards for a residential resort consisting of 280 units on 44.61 acres; a subdivision map for an 18 G:\WPDOCS\PC Minutes\9-9-03WD.doc 5 Planning Commission Minutes September 9, 2003 development lots and other common lots for streets and retention basins; and review of multiple housing units plans for one and two story buildings ranging in size from 1,300 square feet to 2,090 square feet and a clubhouse building to be located on the west side of Eisenhower Drive at Coachella Drive. 1. Commissioners noted they had all met with the applicant prior to the meeting. 2. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Greg Trousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted the changes to Condition #14 as requested by the applicant. 3. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked when, or if, Big Horn Sheep had been seen in this area. Staff noted not to their knowledge. 4. Chairman Kirk asked for clarification on the parking analysis. Staff stated the recommendation was from staff. 5. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Forrest Haag, representing the applicant, gave a presentation on the project. 6. Chairman Kirk asked if only one quarter of the project would be in turf. Mr. Haag stated there is a 50 foot desertscape buffer to the toe of the slope, which give a large opportunity to end up with very focused turf areas. It is a total surface calculation. Chairman Kirk asked if the architecture of this project and its links to the La Quinta Hotel are critical in more than one function. Mr. Haag stated yes, but not critical to the success of the project. 7. Chairman Kirk asked if there was any other public comment. There being none, Chairman Kirk closed the public hearing and opened the matter for Commission discussion. 8. Commissioner Quill stated he is pleased with the project and has no objections. He is glad to see this cove developed with such a development. 9. Commissioner Tyler stated he concurred with the statements as 4. G:\WPDOCS\PC Minutes\9-9-03WD.doc Planning Commission Minutes September 9, 2003 made, but still questions the need for the number of conditions in regard to the Big Horn Sheep. He believes the conditions should not be required unless the sheep are spotted. Assistant City Attorney Michael Houston stated the conditions are part of the Environmental Assessment as mitigation measures to reduce potential impacts. Commissioner Tyler stated his objection is to requiring all the conditions when there is no evidence the sheep exist in this location. Assistant City Attorney Houston stated they are typical conditions/mitigation measures and require specific findings to support by evidence to remove them. Ms. Nicole Criste, environmental consultant, stated there was evidence of sheep found in 1973 west of this site and two years ago two sheep were found just north of the project. To avoid a prospective take, it is imperative the Assessment remain as written. Commissioner Tyler questioned the 10 foot high light standards. Staff stated no lighting study had been completed. 10. Chairman Kirk noted Page 3.20, Section 3.5.1 of the Specific Plan that allows the applicant to change the architecture of the buildings without any public review process and he would ask that this be changed by deleting the third bullet. All substantial architectural changes should be submitted for Architecture and Landscaping Review Committee and Planning Commission review and approval. 1 1. There being no further discussion, it was moved and seconded by Commissioners Tyler/Quill to adopt Planning Commission Resolution 2003-062 certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-478, as recommended. ROLL CALL: AYES: Commissioners Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioners Abels and Daniels. ABSTAIN: None. 12. There being no further discussion, it was moved and seconded by Commissioners Tyler/Quill to adopt Planning Commission Resolution 2003-063 approving Specific Plan 2003-065, as recommended/amended: a. Condition #14: The second paragraph as modified by the i W G:\WPDOCS\PC Minutes\9-9-03WD.doc 7 Planning Commission Minutes September 9, 2003 applicant regarding the right to use the La Quinta Resort Hotel amenities contained in the contract between the La Quinta Resort Hotel and Centex Destination Properties. b. Condition #26: Modified to restrict any commercial towers from the Planning Areas and all satellite dishes shall not exceed 18-inches in size. C. Condition added: The Specific Plan shall be amended deleting Bullet #3 of Section 3.5.1 of the Specific Plan and adding that all substantial architectural changes shall be reviewed and approved by the Architecture and Landscaping Review Committee and Planning Commission. d. Condition added: The Specific Plan shall be amended to replace the 420 square foot minimum livable area with 1,300 square feet as indicated in the Site Development Permit. ROLL CALL: AYES: Commissioners Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioners Abels and Daniels. ABSTAIN: None. 13. There being no further discussion, it was moved and seconded by Commissioners Tyler/Quill to adopt Planning Commission Resolution 2003-064 approving Tentative Tract Map 31379, as recommended. ROLL CALL: AYES: Commissioners Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioners Abels and Daniels. ABSTAIN: None. 14. There being no further discussion, it was moved and seconded by Commissioners Tyler/Quill to adopt Planning Commission Resolution 2003-065 approving Site Development Permit 2003- 778, as recommended. ROLL CALL: AYES: Commissioners Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioners Abels and Daniels. ABSTAIN: None. E. Environmental Assessment 2003-481 and Specific Plan 2003-066; a request of Thomas Enterprises for consideration of: 1) certification of a Mitigated Negative Declaration of environmental impact; 2) review of development principals and guidelines for a 175,200 square foot 4W G:\WPDOCS\PC Minutes\9-9-03WD.doc 8 Planning Commission Minutes September 9, 2003 commercial complex on 17.4 acres; and 3) deletion of Specific Plan 99- 036 and an Amendment to Specific Plan 98-033 eliminating ten gross acres and adding them to Specific Plan 2003-066. 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 the Fire Department conditions submitted replace those in the conditions. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if three of the pads along the front have drive-thrus. Staff stated that is correct. Commissioner Tyler noted It has been a discussion among the Commissioners to not allow the drive-thrus. Staff noted the individual elevations will be brought back to the Commission for their review. Commissioner Tyler asked the height of the light standards. Staff noted they are 24 feet. Commissioner Tyler asked about Condition 46.13. as to whether or not the access went all the way through the parking lot. Assistant City Engineer Steve Speer described the access on the east property line, 150 north of Highway 1 1 1 where there is an existing connection. This is to allow better circulation between this and the future project to the east. Commissioner Tyler asked why this applicant was being required to pay the full cost of the signal at Adams Street and Corporate Center Drive. Assistant City Engineer Steve Speer explained this applicant is essentially creating the increased traffic. The driveway access on the east side of Adams Street aligns with the one across the street. It is 400 feet from Highway 111 and does not comply with the General Plan and signal warrants. Therefore, a signal is needed at Corporate Center Drive to allow a break in traffic and accommodate the turning movements at this location. The options are, to install the signal at the northerly access or remove the driveway access closer to Highway 111. In regard to the cul-de- sac in front of World Gym, it is proposed to be an emergency access only. Commissioner Tyler asked that condition #56 refer to Caltrans approval as well. 3. Commissioner Quill asked if there were any site plans for the G:\WPDOCS\PC Minutes\9-9-03WD.doc 9 Planning Commission Minutes September 9, 2003 future post office. Staff stated no. Commissioner Quill noted the traffic problems on Adams Street with the High School traffic in the mornings and afternoons. 4. Chairman Kirk asked about the potential of closing the access on Adams Street closest to Highway 111. Assistant City Engineer Steve Speer stated they considered closing it and moving it further north, but determined that if there was a signal at Corporate Center Drive with a median, it would eliminate a lot of the problems. A suggestion would be to install a median and control the turning movements to be right in and out only, but the General Plan does not allow this. Another suggestion would be to condition the project to install turning movement barriers within a five year period. He would prefer to see the signal installed first before making that determination. 5. 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 noted the accesses existed with the prior approvals and the prior Specific Plan did require a prorata share of the signal costs. Mr. Rob Parker, RGA, landscape architect for the project, clarified on the plant pallet along Highway 1 1 1 that it would conform to the Highway 111 Design Guidelines. Mr. William Sharen, architect for the project, gave a presentation on the projects architecture. He noted the treatment to the back of the building area. 6. Chairman Kirk asked if there were any questions of the applicant. Commissioner Tyler asked if anything prevented making the cul- de-sac a through access. Mr. Sharen stated they have no objection and would prefer to have it open. Planning Manager Oscar Orci stated it was staff's understanding the emergency only access was proposed by the applicant. Assistant City Engineer Steve Speer stated the World Gym does not have adequate parking and it was the intent to utilize parking from the adjoining uses on the subject property. His concern is that this is a service area and it could be a safety problem. 7. Chairman Kirk asked for clarification on the landscaping plan in the G:\WPDOCS\PC Minutes\9-9-03WD.doc 10 Planning Commission Minutes September 9, 2003 parking islands. Mr. Sharen clarified it was only for the building elevation presentation boards and they do not show all the trees proposed. Chairman Kirk asked if the Specific Plan was approved, would everything else that does not require a conditional use permit be approved by staff? Staff stated each building will have to have a site development permit approved by the Planning Commission. 8. Commissioner Tyler asked about the drive-thru plans. Mr. Sharen stated there are three proposed. They are place holders only at this time as they do not have tenants. One is proposed to be a bank, maybe a food service, and possibility a coffee drive-thru. Each will have a berm and landscaping to hide the drive-thru. 9. Chairman Kirk asked if there was any other public comment. Mr. Neil Kleine, owner of the proposed nearby buildings, stated his issue is whether or not he would be included in the prorata cost for the traffic signal. In addition, regarding the shortage of parking for World Gym, he would prefer there be access to share the parking. Assistant City Engineer Steve Speer stated he could be included in the prorate share for any project that has not received its entitlements. 10. There being no other questions of the applicant and no other public comment, Chairman Kirk closed the public participation portion of the hearing and opened it to Commission discussion. 11. Commissioner Tyler stated his concern is the drive-thrus. He believes there should be some room for the applicant to work with staff in regard to the access points. 12. Commissioner Quill stated his concern with the intersection across from the Jiffy Lube as he believed it should be a right turn only. He asked if the applicant had an objection to the prorate share of the signal. Mr. Mel Kunel, owner of the project, stated they would absorb the cost of the entire signal. 13. Chairman Kirk noted the rear elevation has some room for improvement that can be addressed during the site development process. He would suggest four areas be addressed. 1► the traffic signal: Assistant City Engineer Steve Speer stated it could be conditioned to be resolved in five years if there is a problem. If the 2*6-0�� G:\WPDOCS\PC Minutes\9-9-03WD.doc 11 Planning Commission Minutes September 9, 2003 signal solves the problem, no further improvements would be required. Mr. Nicole Criste, consultant planner, stated the Mitigated Monitoring Report requires it be solved before a grading permit can be issued. If it requires an additional study, the City Engineer can require it. The turning movements must be restricted unless it can be proven otherwise to the satisfaction of the City Engineer. 14. Chairman Kirk asked if there was any discussion regarding issue two, the cul-de-sac by World Gym. Commissioners discussed the advantages/disadvantages of opening the cul-de-sac. Assistant City Engineer Steve Speer stated there is a parking problem and to alleviate it the City has allowed parking on Corporate Center Drive. 15. Chairman Kirk noted the last issue is the drive-thrus. He asked if the Specific Plan could be conditioned to not allow them until such time as the Planning Commission has considered the proposed changes to the Zoning Code in regard to drive-thrus. Assistant City Attorney Michael Houston stated that under the Specific Plan, the drive-thru and gas stations could be required to file a conditional use permit application. 16. Commissioner Quill stated it didn't sound fair to allow this applicant to have drive-thrus when they were approved for other applicants. They do appear to be screening it appropriately. He would be open to the conditional use permit process. 17. There being no further discussion, it was moved and seconded by Commissioners Tyler/Quill to adopt Planning Commission Resolution 2003-066 certifying a Mitigated Negative Declaration for Environmental Assessment 2003-481, as recommended. ROLL CALL: AYES: Commissioners Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioners Abels and Daniels. ABSTAIN: None. 18. It was moved and seconded by Commissioners Tyler/Quill to adopt Planning Commission Resolution 2003-067, approving Specific Plan 2003-065, as recommended by staff and amended. a. Condition added: All drive-thrus and gas stations shall 4• v G:\WPDOCS\PC Minutes\9-9-03WD.doc 12 Planning Commission Minutes September 9, 2003 require a conditional use permit application. b. Condition added: Prior to issuance of the first street improvement permit, the applicant shall post a bond, or money, to pay for the reconfiguration of the intersection of the driveway between Highway 111 and Corporate Center Drive should the Public Works Department determine that traffic problems have occurred within the first five years after a certificate of occupancy has been issued to the first building. The bond shall cover the cost of constructing the traffic restricters. At the end of the five years, should no substantial concerns be realized, the bond/money shall be released to the applicant. C. All conditions of the Fire Department shall be added. d. Condition #64: Reference to Caltrans approval shall be added. ROLL CALL: AYES: Commissioners Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioners Abels and Daniels. ABSTAIN: None. Chairman Kirk recessed the meeting at 9:14 p.m. and reconvened at 9:24 p.m. F. Site Development Permit 2003-783; a request of Michael Shovlin for consideration of development plans for a 5,150 square foot restaurant building located on the north side of Highway 1 1 1, east of Simon Drive, within the One Eleven La Quinta Shopping Center. 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. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Quill asked if this was really a brewery. Staff stated it was his understanding it would be. 3. Commissioner Tyler asked about additional light standards for this area. Staff noted where they existing and potential areas for additional lights. Commissioner Tyler asked for clarification on Condition #53. Staff explained it was a request of the Architecture and Landscaping Review Committee (ALRC) to have the length of the parking lot islands shortened. Commissioner G:\WPDOCS\PC Minutes\9-9-03WD.doc 13 Planning Commission Minutes September 9, 2003 Tyler asked why the ALRC was asking for a "Bomacron" material in regard to the stamped concrete. Staff noted this was a suggestion of the ALRC and not a condition. Commissioner Tyler asked if the grain silo was to be painted any particular color. Staff noted this was a question of the applicant. 4. Chairman Kirk noted the ALRC requested there be no stamped concrete, which could be interpreted that they could use just concrete. 5. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Dave Smalley, representing Mr. Shovlin, stated they have no issues with the conditions as recommended. 6. Commissioner Tyler asked if the grain silo would be painted. Mr. Smolley presented a picture and stated it is typical that the silo be allowed to weather to look like a silo. 7. There being no further questions of the applicant, and no other public comment, the public participation portion of the hearing was closed and open for Commission discussion. 8. Commissioner Tyler stated he did not think the silo was appropriate. 9. There being no further discussion, it was moved and seconded by Commissioners Quill/Tyler to adopt Planning Commission Resolution 2003-068, approving Site Development Permit 2003- 783, as recommended by staff and amended: a. Conditions added: enhanced paving be used. ROLL CALL: AYES: Commissioners Quill and Chairman Kirk. NOES: Commissioner Tyler. ABSENT: Commissioners Abels and Daniels. ABSTAIN: None G. Sign Application 2003-718; a request of Evergreen Development Company, Inc. for consideration of a planned sign program for a 14,560 square foot Walgreens Pharmacy store located at the northeast corner of Washington Street and Avenue 48. V G:\WPDOCS\PC Minutes\9-9-03WD.doc 14 Planning Commission Minutes September 9, 2003 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana 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 Tyler stated he agrees with staff's recommendation except the monument sign be moved. 3. Chairman Kirk asked if the Zoning Code allowed a monument sign for every use in the center. Staff stated one per street frontage was allowed and noted the location of the Walgreens monument sign. Staff noted Walgreens is its own parcel. 4. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Reuben Garbett representing the applicant, stated the location of the sign is for the most visibility and they agree with staff's recommendation. 5. Commissioner Quill asked why there is a need for the "Drive-thru Pharmacy" sign? Mr. Garbett stated only to note there is one there. 6. Ms. Emily Hemphill, attorney for the applicant, stated they have agreed to reduce the size of the signs to meet the City's Code requirements. She went on to give a history of the project. 7. There being no further questions of the applicant, Chairman Kirk asked if there was any other public comment. Mr. Frank Christopher, 48-485 Vista Calico, stated his concern for the monument sign and suggested some trees be planted to mitigate the signage until the other commercial buildings are built. Chairman Kirk asked if he was suggesting a change to the type of signage. Mr. Christopher stated Walgreens has represented to the Council and others, that this building fits in with the high -end homes and modified their project to mitigate the concerns. A different sign would be more in fitting with that statement. 8. Commissioner Tyler noted Mr. Christopher's house is so far from the store that he would not even see the signs and asked if he representing himself or the members of the HOA. Mr. Christopher (7) iW V G:\WPDOCS\PC Minutes\9-9-03WD.doc 15 Planning Commission Minutes September 9, 2003 stated he is speaking for himself as well as "the community" at large. He would suggest the sign material be upgraded. 9. Mr. Rob Dawson, 79-770 Rancho La Quinta Drive, spoke on behalf of the HOA concerns. They agree with staff's recommendations, but do not agree with the wording in the Resolution stating it is in harmony with surrounding developments. He agrees with changing the orientation of the monument sign and landscaping on top of the berm. 10. Ms. Emily Hemphill stated there is a plan to plant four major trees along Avenue 48 as well as palm trees at the entrance that will buffer the sign on the south side. In regard to the sign materials, this is a national company that has a registered trademark and not something the company would consider. The orientation is important as it is not visible to the homes. 11. There being no other public comment, the public participation portion of the hearing was closed and open for Commission discussion. 12. Commissioner Quill asked if the property was zoned Commercial and is consistent with the land uses. Staff stated that is correct. Commissioner Quill stated he is very pleased with the design of this building and the efforts the applicant has gone to are exemplary in regard to the signage. 13. Commissioner Tyler stated generally a monument sign is next to a driveway. His concern is that once a person locates a business, the sign is no longer needed. He would agree with moving the sign and reducing it to four feet in height. 14. Chairman Kirk agreed with moving the monument sign closer to the access point. He recommended moving the signs along Washington Street further north. 15. There being no further discussion, it was moved and seconded by Commissioners Tyler/Quill to adopt Planning Commission Resolution 2003-069, approving Sign Application 2003-718, as recommended by staff and amended: 24o G:\WPDOCS\PC Minutes\9-9-03WD.doc 16 Planning Commission Minutes September 9, 2003 a. Conditions added. The monument sign shall be moved closer to the access along Washington Street and limited to four feet in height, subject to the Public Works Department approval. b. Condition added: The word "Pharmacy" shall remain on the drive-thru signage C. Condition added: The maximum height of the wall sign on the west and south elevations shall be 15-feet. ROLL CALL: AYES: Commissioners Tyler, and Chairman Kirk. NOES: Commissioner Quill. ABSENT: Commissioners Abels and Daniels. ABSTAIN: None H. Conditional Use Permit 2003-079 and Site Development Permit 2003- 784; a request of Toll Brothers for consideration of development plans for 50 two-story condominium units on a 5.0 acre site located on Lot 186 of Tract 30357, within Mountain View Country Club. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana 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 Quill asked if the units would be sprinklered. Staff stated if they meet the criteria, yes. 3. Commissioner Tyler asked about the width of the roadway. Staff stated it would be 28 feet. Commissioner Tyler asked that Condition #40 be amended to remove the words, "if any". 4. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Blackshere stated the units would be sprinklered. 5. There being no further questions of the applicant, and no other public comment, the public participation portion of the hearing was closed and open for Commission discussion. G:\WPDOCS\PC Minutes\9-9-03WD.doc 17 Planning Commission Minutes September 9, 2003 6. There being no further discussion, it was moved and seconded by Commissioners Tyler/Quill to adopt Planning Commission Resolution 2003-070, approving Conditional Use Permit 2003-079 and Site Development Permit 2003-784, as recommended by staff and amended: a. Condition #40: "if any" shall be deleted. ROLL CALL: AYES: Commissioners Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioners Abels and Daniels. ABSTAIN: None I. Site Development Permit 2003-780 and Site Development Permit 2003- 781; a request of Kleine Building and Development for consideration of development plans for two office buildings on 1.13 acres located at the southwest corner of Corporate Centre Drive and Commerce Way. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana 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 Tyler asked why the ALRC wanted the cobblestones removed. Staff explained and discussion followed regarding colors. 3. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Neil Kleine, the applicant, stated he was available to answer any questions. He would prefer the cobblestone and the colors as proposed. 4. There being no questions of the applicant, and no other public comment, the public participation portion of the hearing was closed and open for Commission discussion. 5. Chairman Kirk stated he was concerned with the design of the project and as such he could not support it. G:\WPDOCS\PC Minutes\9-9-03WD.doc 18 Planning Commission Minutes September 9, 2003 6. Commissioner Quill stated he had no objection to its location or the type of use proposed. Discussion followed regarding potential architectural changes. 7. There being no further discussion, it was moved and seconded by Commissioners Tyler/Quill to adopt Planning Commission Resolution 2003-071, approving Site Development Permit 2003- 780 as recommended by staff and amended: a. Conditions added: Staff shall work with applicant to add architectural accents such as stone veneer on the columns. b. Condition added: The applicant shall have flexibility in regard to the color ROLL CALL: AYES: Commissioners Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioners Abels and Daniels. ABSTAIN: None 9. It was moved and seconded by Commissioners Tyler/Quill to adopt Planning Commission Resolution 2003-072 approving Site Development Permit 2003-781, as recommended by staff and amended: a. Conditions added: Staff shall work with applicant to add architectural accents such as stone veneer on the columns. b. Condition added: The applicant shall have flexibility in regard to the color. J. Conditional Use Permit 2003-080; a request of WalMart for consideration of a request to allow 55 metal containers for temporary storage of holiday merchandise from September 15, 2003 to January 15, 2004, on the north and west sides of the existing 135,693 square foot store, located at 78-950 Highway 1 1 1. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. G:\WPDOCS\PC Minutes\9-9-03WD.doc 19 Planning Commission Minutes September 9, 2003 2. There being no questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Mickey Anderson, representing WalMart, stated the need for the containers. 3. There being no further questions of the applicant, and no other public comment, the public participation portion of the hearing was closed and open for Commission discussion. 4. It was moved and seconded by Commissioners Tyler/Quill to adopt Planning Commission Resolution 2003-073, approving Conditional Use Permit 2003-080, as recommended by staff and amended: a. Conditions #2. The applicant shall be allowed 55 containers. ROLL CALL: AYES: Commissioners Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioners Abels and Daniels. ABSTAIN: None VII. BUSINESS ITEMS: A. Project Area No. 2 Plan Amendment; a request of the City for consideration of a preliminary plan for Project Area No. 2 Redevelopment Area Plan Amendment 1. Chairman Kirk asked for the staff report. Community Development Director Jerry Herman 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 Tyler asked if there was any merit in changing the boundaries. Staff noted a boundary ,change is a much more difficult process and therefore not proposed at this time. 3. There being no further discussion, it was moved and seconded by Commissioners Tyler/Quill to adopt Planning Commission Resolution 2003-074, recommending approval of the Preliminary plan for Project Area No 2 Redevelopment Area Plan Amendment. 104 G:\WPDOCS\PC Minutes\9-9-03WD.doc 20 Planning Commission Minutes September 9, 2003 ROLL CALL: AYES: Commissioners Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Abels and Daniels. ABSTAIN: None IX. CORRESPONDENCE AND WRITTEN MATERIAL: None. X. COMMISSIONER ITEMS: 1. There was no report of the City Council meeting of August 19, 2003. XI. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Tyler/Quill to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on September 23, 2003, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 1 1:14 p.m. Respectfully submitted, ABetJ er, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\9-9-03WD.doc 21 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 23, 2003 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, Paul Quill, Robert Tyler, and Chairman Tom Kirk. It was moved and seconded by Commissioners Tyler/Quill to excuse Commissioner Abels. Unanimously approved. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney Michael Houston, Assistant City Engineer Steve Speer, Planning Manager Oscar Orci, Principal Planner Stan Sawa, Associate Planner Wallace Nesbit, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT ITEMS: 1. Chairman Kirk asked if there were any corrections to the Minutes of September 9, 2003. Commissioner Tyler asked that Page 16, Item 14 be corrected to read, "He recommended moving the signs along Washington Street further north". There being no further corrections, it was moved and seconded by Commissioners Tyler/Quill to approve the minutes as amended. Unanimously approved with Commissioner Daniels abstaining. 2. Department Report: None. V. PUBLIC HEARINGS: A. Tentative Tract Map 29436 — Extension #2; a request of Trans -West Housing for consideration of a one year time extension to file a final map for a subdivision of 190 acres into 1269 single family lots located on the north side of Eisenhower Drive, approximately %2 mile west of Washington Street. �Y1� Planning Commission Minutes September23, 2003 1. Chairman Kirk noted this item required no action and continued with the public hearing. B. Sign Application 2002-618, Amendment #1; a request of Stamko Development Co. for consideration of an amendment to a planned sign program for the shop buildings sign regulations for the property located on the south side of Highway 111, between Adams Street and west of Dune Palms Road. 1. Chairman Kirk opened the public hearing and asked for the staff report. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if by adding two lines and with the reduction in letter size, would the sign still be readable? Staff stated yes. 4. Chairman Kirk asked if it changed the overall square footage and staff stated no. 5. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Russ Beckner, representing the applicant, gave an explanation of the request, and stated he was available to answer any questions. 6. Chairman Kirk asked if there were any questions of the applicant. Commissioner Tyler asked for clarification as to whether or not the white could be used. Staff stated it was not being eliminated, it was just allowing other colors. 7. There being no further questions of the applicant, Chairman Kirk asked if there was any other public comment. There being none, Chairman Kirk closed the public hearing and opened the matter for Commission discussion. 8. There being no further discussion, It was moved and seconded by Commissioners Tyler/Quill to adopt Minute Motion 2003-013 approving Sign Application 2002-618, Amendment #2 as recommended. Unanimously approved. 4, 7 G:\WPDOCS\PC Minutes\9-23-03WD.doc 2 Planning Commission Minutes September23, 2003 C. Village Use Permit 2003-018; a request of Patrick and Monica Adams for consideration of a request to construct a two-story, 4,066 square foot commercial office building with one caretaker unit located at the southwest corner of Calle Tampico and Avenida Mendoza. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associated Planner Wallace Nesbit 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 Tyler asked if the trees were existing and would they be retained as it appeared one would be removed. Staff stated they would be retained. Commissioner Tyler asked staff to explain the conditions requested by the Architecture and Landscaping Review Committee (ALRC). Staff explained the changes requested by the ALRC. Commissioner Tyler discussed the parking issues and stated he would like to see a more definitive explanation of what the ALRC is requesting. Discussion followed regarding the ALRC requests. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Patrick Adams, the applicant, gave a presentation on the project. 4. Chairman Kirk asked if there were any questions of the applicant. Commissioner Tyler asked if the trees would be retained and the applicant described the landscaping plan. 5. Chairman Kirk asked if Mr. Adams had a design of the waterfall. Mr. Adams displayed a picture of the waterfall. Chairman Kirk asked if he knew the uses planned for the site. Mr. Adams stated he would be living in the upstairs and using one of the tenant spaces. He anticipates the downstairs would have no more than two tenants. 6. There being no further questions of the applicant, Chairman Kirk asked if there was any other public comment. There being none, Chairman Kirk closed the public hearing and opened the matter for Commission discussion. � i G:\WPDOCS\PC Minutes\9-23-03WD.doc 3 Planning Commission Minutes September23, 2003 7. Commissioner Quill stated he likes the changes as proposed and the only issue is the type of window to be used. He would prefer the mullion windows as they are consistent with the downtown look. 8. Commissioner Daniels stated he does not agree with requiring a certain type of window. The applicant should have the option of determining his own style. 9. Commissioner Tyler agreed. 10. Chairman Kirk stated he agrees and appreciates the changes made by the applicant. A mixed use is a good addition to the Village. 11. There being no further discussion, It was moved and seconded by Commissioners Tyler/Daniels to adopt Planning Commission Resolution 2003-075 approving Village Use Permit 2003-018,as recommended by staff and amended by the Commission: a. Condition #10: amended to read, "Direct vehicular access from any portion of the site with frontage along Avenida Mendoza and Calle Tampico is restricted..." b. Condition #17.J.: deleted C. Condition #42.F.: amended to read, "Windows in the upper and lower building levels shall match between the upper and lower trim." ROLL CALL: AYES: Commissioners Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. D. Environmental Assessment 2003-479, General Plan Amendment 2003- 094, Zone Change 2003-1 15, and Tentative Tract Map 31348 - Point Happy Ranch; a request of Madison Development LLC for consideration of: 1) certification of a Mitigated Negative Declaration of environmental impact; a change in the land use and zoning designations from Low Density Residential, Medium Density Residential, Community Commercial and Open Space to Low Density Residential and Open Space; and 3) the subdivision of 37.70 acres into 75 lots for the property located at 46- 201 Washington Street. 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Oscar Orci informed the Commission , about the request by the applicant to continue the item. 4 G:\WPDOCS\PC Minutes\9-23-03WD.doc 4 Planning Commission Minutes September23, 2003 2. Chairman Kirk asked if there was a motion to continue the project. 3. It was moved and seconded by Commissioners Tyler/Quill to continue the project to October 28, 2003. Unanimously approved. VII. BUSINESS ITEMS: A. Site Development Permit 2003-785; a request of Trans West for consideration of development plans for six prototype residential plans for the property located on the north side of Eisenhower Drive, west of Washington Street. 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. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if staff had verified the perimeter wall had been previously approved. Staff stated it had been approved. Commissioner Tyler asked why staff had not added the ALRC condition about the rock veneer matching the mountains. Planning Manager Oscar Orci stated this was a statement not a condition. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Geoff McComic, the applicant, stated he was available to answer any questions and gave a brief explanation of the project. 4. There being no further discussion, it was moved and seconded by Commissioners Tyler/Daniels to adopt Minute Motion 2003-014, approving Site Development Permit 2003-785, as recommended by staff. Unanimously approved. B. Sign Application 2003-720; a request of Old town La Quinta LLC for consideration of a sign program for "Old Town" located on the south side of Calle Tampico, east of Avenida Bermudas. 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. G:\WPDOCS\PC Minutes\9-23-03WD.doc 5 Planning Commission Minutes September23, 2003 2. Chairman Kirk asked if the signs conform with the existing sign program. Staff stated some do, but there are some changes. Mr. Wells Marvin, the applicant, stated he was directed to submit a sign program that indicated the changes he was proposing. Community Development Director Jerry Herman explained the applicant was proposing more changes than staff was able to approve administratively, therefore the request is before the Commission for consideration. 3. There being no further discussion, it was moved and seconded by Commissioners Quill/Tyler to adopt Minute Motion 2003-015, approving Sign Application 2003-720, as recommended. Unanimously approved. IX. CORRESPONDENCE AND WRITTEN MATERIAL: A. Mr. Wells Marvin spoke to the Commission regarding the Zoning Code in regard to overhangs and covered walkways. The way the Code is written now, the way you do a covered walkway, the Building and Safety Department charges you a permit as if it were an interior space. Therefore, the permit cost is higher than it would be if it were a trellis. This contributes to bad architecture; people designing buildings that are two feet deep archways to mimic an old archway/walkway. As they designed real archways, they were required to pay extra on their permits as if this was an interior space. They, in turn are not able to charge a tenant for this space, yet it cost them to build it. This process unnecessarily penalizes people who are trying to do authentic architecture. Staff explained this was an issue for the Building and Safety Department. X. COMMISSIONER ITEMS: A. Discussion regarding Planning Commission meeting dates. a. Community Development Director Jerry Herman informed the Commission of the Joint Meeting with the Council. b. Community Development Director Jerry Herman asked the Commission's pleasure in regard to the regularly scheduled Planning Commission meeting date of November 11 ", as it was a holiday and City Hall would be closed. Following discussion, it was determined to cancel the meeting unless there is a need to reschedule one. 051 G:\WPDOCS\PC Minutes\9-23-03WD.doc Planning Commission Minutes September23, 2003 XI. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Tyler/Quill to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on October 14, 2003, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:03 p.m. Respectfully submitted, 4BetPaMfin2ta, er, Executive Secretary City of 4California X. �� W G:\WPDOCS\PC Minutes\9-23-03WD.doc 7 REPORT/INFORMATIONAL ITEM: /9 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 3, 2003 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:06 a.m. by Planning Manager Oscar Orci who led the flag salute. B. Committee Members present: Bill Bobbitt, Dennis Cunningham, and David Thorns. C. Staff present: Planning Manager Oscar Orci, Principal Planner Stan Sawa, Associate Planner Wallace Nesbit, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of August 6, 2003. There being no corrections, it was moved and seconded by Committee Members Cunningham/Bobbitt to approve the Minutes as submitted. V. BUSINESS ITEMS: A. Site Development Permit 2003-783; a request of Michael Shovlin for review of development plans for a 5,150 square foot restaurant building located on the north side of Highway 111, west of Simon Drive, within the One Eleven La Quinta Shopping Center. 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. Committee Member Cunningham asked if the landscaping was approved under a specific plan. Staff stated yes, it is a matter ;; 3 Architecture and Landscaping Review Committee September 3, 2003 of reviewing the overall elevations. Committee Member Cunningham stated he has no objections. 3. Committee Member Bobbitt questioned the grain silo facing the Highway 111 frontage. Mr. Ken Bell, representing Lamppost Pizza, stated it is a trademark for the brewery. 4. Committee Member Thorns asked that the islands projecting into the existing parking area be no more than 15 feet from the curb face of the walk going north and south. The stamped concrete on the patio should be "Bomachron" which has a better product. Mr. Bell stated they were open to any suggestions. Mr. Dave Smalley, representing the Center's developer, stated there was an interior designer involved with the interior of the building, which will also include exterior and interior paving. 5. There being no further questions, it was moved and seconded by Committee Members Cunningham/Thoms to adopt Minute Motion 2003-036 recommending approval of Site Development Permit 2003-783, as recommended by staff and amended as follows: a. Condition added: the islands projecting into the existing parking area shall be no more than 15 feet from the curb face of the walk. b. There shall be no stamped concrete on the patio. It is suggested that a Bomachron material be used. C. All Washingtonia palms shall be skinned. Unanimously approved. B. Site Development Permit 2003-785; a request of Trans West Housing, Inc. for review of architectural plans for six new prototype residential plans located on the north side of Eisenhower Drive, west of Washington Street. 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. Staff introduced Geoff McComic, representing Trans West who gave a presentation on the project. G:\WPDOCS\ALRC\9-3-03 WD.doc - - 2 Architecture and Landscaping Review Committee September 3, 2003 2. Committee Member Thorns asked the sizes of the homes. Mr. McComic stated 2400-3550 square feet. 3. Committee Member Cunningham noted hipped roofs were being used and this is a plus. This will open up the view corridor. He asked what roof tile would be used. Mr. McComic stated the "S" and flat tile with a smooth Santa Barbara finish with a wide variety of colors. Committee Member Cunningham asked that the rock veneer match the mountain. 4. Committee Member Thorns noted this is a very prominent site. He asked if there was an entrance and wall treatment. Mr. McComic stated they had been previously approved. Planning Manager Orci noted the principal entrance was approved under a different development. Committee Members asked that staff verify the approvals for the wall and entrance. 5. Committee Member Thorns asked that a recommendation be given to the Planning Commission that the front yards have a variation in setbacks to relieve the monotony. Staff noted this is an issue the Planning Commission will be discussing. 6. Committee Member Bobbitt asked what material would be used for the garage doors. Mr. McComic stated they will be metal roll up doors. 7. Committee Member Cunningham asked that if the perimeter wall was previously approved and if there is rock veneer, it should match the mountains. 8. There being no further questions of the applicant, it was moved and seconded by Committee Members Bobbitt/Cunningham to adopt Minute Motion 2003-037 recommending approval of Site Development Permit 2003-785, as recommended by staff and amended: a. Condition added: Any rock veneer used shall match the mountain colors. Unanimously approved. 4W " G:\WPDOCS\ALRC\9-3-03 WD.doc - - 3 Architecture and Landscaping Review Committee September 3, 2003 C. Village Use Permit 2003-018; a request of Patrick and Monica Adams for a review of architectural and landscaping plans for a 4,306 gross square foot two story office building with a residential unit in the Village located at the southwest corner of Calle Tampico and Avenida Mendoza. 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 Monica Adams, the applicant, who stated she was available to answer questions. 2. Committee Member Cunningham stated the Dutch gable roof is not in keeping with the rest of the building. It is out of flow with the rest of the structure. The dormer vents will distort the look. The front massing does not work. They need to create more architecture in the gable end side by adding some articulation under the wrought iron and also something to the second window. 3. Committee Member Thorns agreed the lower end elevation is out of keeping with the rest of the structure. Discussion followed regarding different elements of the building. 4. Committee Member Thorns wanted the site plan brought back with a detailed bench and seating area that works with the landscaping. He asked if there was any illumination noted on the site plan. He asked if parking would be provided for the tenant. This is a public parking lot and yet there is a residential unit with no parking provided. Staff noted this will be reviewed and determined by the Planning Commission. Committee Member Thorns stated that on Avenida Mendoza there are planters and walls that need to be reviewed on the site plan. 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 2003-038 recommending approval of Village Use Permit 2003-018, as recommended by staff and as amended: a. Condition added: The dutch gable roof treatment on the elevation is to be revised to match the existing roof. G:\WPDOCS\ALRC\9-3-03 WD.doc - - 4 Architecture and Landscaping Review Committee September 3, 2003 b. Condition added: Dormer vents shall be replaced with a more compatible roof venting design. C. Condition added: Architectural detail shall be added to the south and west stairwell facades, to reduce the wall mass and provide more overall design continuity. d. Condition added: Roof tile is to be one-piece random mudded clay. e. Condition added: Exterior stucco shall be a smooth finish. f. Condition added: Windows in the upper and lower building levels shall be true divided light patterns and shall match. g. Condition added: Prior to issuance of a building permit a detailed landscaping and lighting plan shall be submitted for ALRC review. The plan shall illustrate the landscape materials to be used on the site with their location, quantities and size. Lighting shall include any building mounted exterior lighting, parking area, landscaping, fountain and walkway lighting. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: VIII. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Cunning ham/Thoms to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a regular meeting to be held on October 1, 2003. This meeting was adjourned at 1 1:00 a.m. on September 3, 2003. Respectfully submitted, ;iB T . SAWYER Executive Secretary —" A, r GAWPD0CS\ALRC\9-3-03 WD.doc - - 5 REPORT/INFORMATIONAL ITEM: l9 MINUTES HISTORIC PRESERVATION COMMISSION MEETING The Regular Meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, California August 29, 2003 This meeting of the Historic Preservation Commission was called to order by Chairperson, Leslie Mouriquand at 3:00 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 Puente, Sharp, Wilbur, Wright, and Chairperson Mouriquand. Staff Present: Planning Manager, Oscar Orci, Principal Planner Stan Sawa; and Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Wright/Sharp to approve the Minutes of June 19, 2003 as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Phase I Historical, Archaeological, and Paleontological Resources Reports Applicant: Coachella Valley Engineers for Madison/58th Partners Paleontological Consultant: CRM TECH — Michael Hogan, Principal Location: South side of Avenue 58, approximately Y2 mile west of Madison Street. 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 Puente asked where the items would be stored, for long term curation. Staff replied they would be stored at the La Quinta Museum when it was completed. Until then they would be put in temporary City storage facilities. She then asked the status of the Museum and was told it had been tabled to the next fiscal year. 3. Commissioner Sharp asked if this property had been previously surveyed and if so, how long ago. Staff replied approximately half of the project had been previously surveyed and indicated the location on the map in the staff report. 4. Commissioner Wright commented there was an enormous amount of lead, from a former firing range, which was on this site. He thought it should be brought to the attention of the developer. Staff commented the site had been cleaned up. 5. There being no further discussion, it was moved and seconded by Commissioners Wright/Puente to adopt Minute Motion 2003- 009 accepting the Archaeological Assessment Report as submitted. Unanimously approved. 6. It was moved and seconded by Commissioners Wright/Puente to adopt Minute Motion 2003-010 accepting the Paleontological Assessment Report for Coachella Valley Engineers for Madison/58th Partners as submitted. Unanimously approved. B. Results of Phase . II Archaeological Assessment of Archaeological Sites for Specific Plan 2003-065. Applicant: Centex Destination Properties Archaeological Consultant: Statistical Research, Inc. Location: West side of Eisenhower Drive at Coachella Drive 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. Ms. Anne Q. Stoll, Project Director at SRI (Statistical Research, Inc.) made a presentation about testing at the site. She stated they found nothing subsurface. There were surface scatters and trash related to the original hotel with some modern debris dumped on top. They did find two pieces of prehistoric pottery in the area and although their shovel testing did not indicate any prehistoric deposits they are recommending monitoring as this is a sensitive area with relation to the prehistoric stand of Lake Cahuilla. 2 3. Commissioner Wright asked if this was the milling stone area in the back of the property. He wanted to know if that site was going to be graded. 4. Chairperson Mouriquand said it was up to staff to work with the developer regarding preservation of the milling stones. She added she had previously recorded three of the milling stones in 1989 and her name was in this report. Since the time of her recording, the area has been heavily pot hunted or covered over with sand. There were areas, at the time, which could have been cremation sites or pottery firing locations. A lot of the sites have been destroyed in the past ten years. Her opinion was the area was heavily utilized. This is a highly significant area and this is one part of it. - She was surprised only two pot sherds were found 5. Commissioner Wright asked if the milling stone was a large one. Chairperson Mouriquand replied most of them are slicks. 6. Commissioner Sharp asked for a definition of a milling stone. Chairperson Mouriquand replied these are large boulders at the toe of slope and they were used as milling stones and the ones on this project have slicks on them which are kind of an elongated, slightly depressed smoothed area; thus the name slick, as it is slick to the feel. They were used for grinding. She stated there were also rumored petroglyphs, which she had never been able to locate. This is a very significant area and she hoped the developer will keep the milling stones in place and feature them in an interpretive way, by incorporate them into the development. 7. Staff stated these are in the toe of slope and that particular area would be kept clear. The Plan focuses development within the site. There is a retention basin, and the balance is not to be touched. 8. Chairperson Mouriquand asked if there had been any consideration of conserving in perpetuity the milling stones. Staff replied .there had not. She suggested staff consider the possibility. 9. Commissioner Wright commented since the milling stones have been identified, they should be preserved and not graded or developed. The recommendation of this Commission should be the milling stones be incorporated into some sort of preserved area. He was adamant about not allowing this site to be disturbed. 3 10. Commissioner Wilbur asked if the milling stones were currently in a recognizable state. Staff replied they were. 11. Commissioner Wright stated he had seen one of the sites and it was very recognizable. He thought the sites should be marked and the City should not allow development in this area. The area is so rich in history and tied in with the trail to the City of Indian Wells which is said to be as old as 3,000 years. He did not want to see this removed. 12. Chairperson Mouriquand asked if there was still a historical district designation for the Cove area in the General Plan. If not, she suggested it be created. Staff replied there wasn't currently a mechanism in place to allow the creation of a historic district. He reiterated the developer was not going to grade or develop this specific area. Chairperson Mouriquand suggested a district be completed under the local Historic Preservation rules. Staff replied one of the immediate preservation efforts would be an easement for the area containing the milling stones in order to preserve the stones. 13. Commissioner Wright stated the Commission had discussed this area before and recognized the toe of slope area needed protection; especially with regard to the fish lines. He stated he agreed with Chairperson Mouriquand the Commission should be emphatic to the toe of slope area to see that it is not disturbed. 14. There being no further discussion, it was moved and seconded by Commissioners Wright/ Wilbur to adopt Minute Motion 2003- 011 accepting the Phase II Archaeological Assessment of Archaeological Sites for Specific Plan 2003-065 with an added condition as follows: A Conservation Easement shall be placed over that portion of the subject site containing milling stones. The Conservation Easement shall be prepared in the manner prescribed and approved by the City Attorney. Unanimously approved. 4 �6 i C. Historic preservation Commission Work Program 1. Planning Manager, Oscar Orci gave an update on the progress of the Commissions Work Program, which included the following points: a. A draft questionnaire was given to the Commissioners to survey other organizations regarding the possible future education forum. Planning Manager Orci requested each Commissioner read, edit and put in their comments and return it to him before the next Commission meeting. Staff will be sending this questionnaire to other cities, tribes, and museums. b. Staff stated the deadline for most grant programs is in May of next year. The applications should be available in October. Staff had requested the City be placed on the list and will bring back the completed application for the Commission's comments. C. Staff talked about the Context Statement and circulated a copy to all Commission members. He asked the Commission to look it over and give comments. He stated he would like to have Context Statement finalized as soon as possible. Chairperson Mouriquand stated it was her understanding there was a later version of this Statement. Planning Manager Orci said he would have staff check into the matter. Chairperson Mouriquand said she would check her own records for a copy and if she found it she would forward it on to staff. d. Staff stated there were standards for archaeological and paleontological reports. Staff would see that all Commissioners receive a copy. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None. V. COMMISSIONER ITEMS A. Presentation of a signed Plaque to former Commissioner Barbara Irwin. The text of this plaque was previously read into the June 19, 2003 Historic Preservation Commission minutes. Ms. Irwin thanked the Commission and wished them well 5 `. 4. VI. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Sharp/Wright to adjourn this Regular Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on September 18, 2003. This meeting of the Historic Preservation Commission was adjourned at 3:45 p.m. Unanimously approved. Submitted by: Carolyn alker Secretary 263 31 Department Report: /- A 5�) ,, °~� GV w G� of T� TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: October 21, 2003 SUBJECT: Department Report - Response to Public Comment The following public comment was made at the September 16, 2003, City Council meeting: 1. Seth Stinger, 78-720 Avenida La Fonda, suggested the golf project be identified as SilverRock La Quinta Public Golf Ranch to better identify the City. • Mayor Adolph thanked Mr. Etinger for his comment. 2. Dave Stark, stated he was speaking on behalf of the Auto Center dealers, and asked that the specific plan be reopened in reference to signage. He would like to see the area look more professional, and noted the specific plan is not clear on the issue of banners. In response to Council Member Sniff, City Attorney Jenson advised consideration of an amendment to the specific plan can be requested by the applicant or by the Council. Mr. Stark also referenced two other issues: inadequate street parking because of employees' vehicles on the street, and auto -related businesses, such as Goodyear, being located next to the dealers instead of behind the dealers, which is what they understood would happen. • Council concurred and directed staff to place an item on the next agenda for consideration of bringing back the specific plan. JrW 3. Mark Weissman spoke regarding Written Correspondence Item No. 2, and requested the City' participation as a sponsor. + Mayor Adolph referred the matter to staff and asked that it be brought back as a business item. 265 DEPARTMENT REPORT: 4 MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Mark Weiss, Assistant City Manager P� DATE: October 21, 2003 SUBJECT: Report on SilverRock Ranch Golf Course Feature Plan The La Quinta Redevelopment Agency contracted with Palmer Course Design Company (PCDC) for golf course architectural services in July of this year. The Agency unanimously approved the final golf course routing plan for the tournament course at its regular meeting of September 16, 2003 (Attachment 1). PCDC has refined the final routing plan, added certain horizontal elements (i.e., fairways, tees, greens, hazards, spectator/media areas, etc.), and prepared a preliminary "features plan" (Attachment 2) . The Agency anticipates receiving a further refined plan including vertical elements (i.e., elevations, contours, etc.) at its regular meeting of November 4, 2003. This plan is submitted for the City Council's information and no action is required. Staff would be happy, however, to forward any Council Member comments regarding this plan to PCDC. Attachment !l hoM DEPARTMENT REPORT: 13' OCTOBER 21 NOVEMBER 4 NOVEMBER 4 NOVEMBER 11 NOVEMBER 18 DECEMBER 2 DECEMBER 5 DECEMBER 5 DECEMBER 6 DECEMBER 16 CITY COUNGL'S UPCOMING EVENTS CITY COUNCIL MEETING CITY COUNCIL MEETING REGULAR CONSOLIDATED ELECTION VETERANS' DAY ACKNOWLEDGMENT AREA EVENT - CIVIC CENTER CAMPUS CITY COUNCIL MEETING CITY COUNCIL MEETING HOLIDAY OPEN HOUSE 11:30 A.M. - 3:30 P.M. CITY CHRISTMAS TREE LIGHTING 6:00 P.M. - 8:00 P.M. EMPLOYEE RECOGNITION BANQUET CITY COUNCIL MEETING 063 October 2003 La Quinta City Council Monthly Planner Sunday .......... Monday ............. Tuesday .. Wednesday Thursday Friday Saturday ijj10:00 11110 V-!110 --iiii! 1.11 ` 1 2 AM ALRC September T F S S November M T W T F S S M T W 1 2 3 4 7 8 910 11 5 6 12 13 2 9 3 4 5 6 7 8 10 11 12 13 14 15 14 15 16 17 18 19 20 16 17 18 19 20 21 22 21 22 23 24 25 28 29 30 26 27 23 24 25 26 27 28 29 f 30 9 10 11 5 6 7 8 dL 9:00 AM RCTC- 12:00 PM Energy/Envi- MK Henderson Sniff M1 5:30 PM Investment 7:00 PM Cultural Arts State Gubernatorial Advisory Board Commission Recall Election 2:00 PM City Council Meeting 12 13 14 15 16 17 18 7:30 AM CVEP-Adolph 7:00 PM Mosquito 10:00 AM Special RDA 10:00 AM Pub. Sfty- Abate. -Perkins Meeting Perkins 7:00 PM Planning 3:00 PM Historic Preser- Columbus Day 12:00 PM Transp.- Commission vation Commission Perkins 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 19 20 21 22 23 24 25 9:00 AM CVA-Henderson 12:00 PM CVAG Human/ 9:00 AM LAFCO- 2:00 PIVI City Council Comm -Osborne Henderson Meeting 12:00 PM Sunline-Adolph 4:00 PM ORRA Airp- Osborne 26 27 28 29 30 31 PDaylight Savings c: 6:00 PM CVAG-Exec Com-Adolph 7:00 PM Planning Commission Halloween 3 Time Ends Y! Milan M 1H MR01:1:1 Printed by Calendar Creator Plus on 10/16/2003 November 2003 La Quinta City Council Monthly Planner 1 9:00 AM - 4:00 PM SJSR Ntl. Monument - Henderson 2 3 4 5 6 7 8 F 10:00 AM ALRC 12:00 PM Mayors Lunch Election Day 2:00 PM City Council Meeting 9 10 11 12 13 14 15 10:00 AM Pub. Sfty- 9:00 AM RCTC• 12:00 PM Energy/Envi- Perkins ILHenderson Sniff 12:00 PM Transp. 5:30 PM Investment 7:00 PM Cultural Arts Perkins 3:00 PM Mtns. Con -Sniff Veteran's Day (CITY Advisory Board Commission 6:00 PM League HALL CLOSED) Henderson 1:00 PM - 3:00 PM 7:00 PM Cam. Serv. Veteran's Day Acknowl- Comm. edgment Area Event 16 17 18 19 20 21 22 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council vation Commission Meeting 23 24 25 26 27 28 29 6:00 PM CVAG-Exec Com-Adolph 7:00 PM Planning Commission 12:00 PM CVAG Human/ Comm -Osborne 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Thanksgiving Day (City Thanksgiving Holiday Osborne Hall Closed) (City Hall CLOSED) F F ii ' li�iiii iii, € , ; , € F , - i � I F F € ,' €" €� �' III. iI €{{ II December � �iti;€ S M T W T F S S M ' € 1 2 3 4 5 6 i 7 8 9 10 11 12 13 I'€!it� ]i!'I illy€!�€•il?'� t�j ;�€� €`!l jjj:j 5 6 € !€ €+;F''' €i?€I! € F 3lI;!' €, F ,€i. €€ Ili•► .'i3ii£i�i;��j�j€!"'� 12 13 I 14 15 16 17 18 19 20 iI !_, € 9VI S I `€ Iljl!fI'jjIII=:;ii,I i!I '�;! i lilllli�',€€�€I' €Ijli=1,1,?Illil 19 2023724 21 22 23 24 25 26 27 €lii�l€I€i€!€€ii'si:€lu€ I!il€€€ii€!€II!�III�i1..€I€I��ilii#lil�l(lFi�l€ 26 27 ; 28 29 30 31 Printed by Calendar Creator Plus on 10/16/2003 7 v j 1 4. i .l December 2003 La Quinta City Council Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday 2 3 4 5 6 2:00 PM City Council Meeting 10:00 AM ALRC 11:30 AM - 3:30 PM Holiday Open House Employees Recognition Banquet 6:00 PM - 8:00 PM Christmas Tree Lighting ,Ij Ceremony lip 1! tim 7 8 9 10 11 12 13 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PIVI Energy/Envi- 10:00 AM Pub. Sfty- Abate. -Perkins Henderson Sniff Perkins 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts 12:00 PM Transp.- Commission Advisory Board Commission Perkins 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 14 15 16 17 18 19 20 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council vation Commission Meeting 21 22 23 24 25 26 27 7:00 PM Planning Commission 0 0 1st Day of Winter Christmas Eve (CITY Christmas Day (CITY HALL OPEN) HALL CLOSED) 28 29 30 31 6:00 PM CVAG-Exec Com-Adolph ..7-1 November 03 November 03 04 January 04 S M T W T IF S M T W T IF S TF S S M T W T F S S 2 3 4 5 6 7 8 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 9 10 11 12 13 14 15 6 1 7 1 8 1 9 20 21 22 16 17 18 19 20 21 22 2 3 1 2 3 8 1 9 1 0 4 5 6 7 8 9 10 4 1 5 6 1 7 11 12 13 14 15 16 17 1 1 18 19 20 21 22 23 24 New Years Eve (CITY HALL OPEN) 23 24 25 26 27 28 29 30 25 26 27 28 291 30 31 V.ii li, Printed by Calendar Creator Plus on 10/16/2003 41; ( 4W DEPARTMENT RMRT: T 6 4'tt 4 •�Qul��ru, TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety �1- 4- DATE: October 21, 2003 RE: Monthly Department Report - September 2003 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and business licenses for the month of September. The reports depict the following highlights: • Year to date building permit valuation is $245,124,232.48 which represents an issuance of 3,061 building permits through September; • 2,035 animal control cases have been handled through September; • 1,735 code compliance cases have been initiated through September; • 15 new licenses were issued to La Quinta based businesses in September; • $890.00 - garage sale permit income in September O N S O O O N (D S ti hFO CO) o (h O O O O O O O O Cr) � co lA h O m UQ S � (fl 69 69 69 69 69 69 69 69 69 CO MO 69 Co Go g of rl-69 tri g N 06 '� a 69 6co C14 O CO) J Q O CD O O O O O O d f� O S S S S M Z 0 69 co 6 69 o 64 O 69 o 69 0 69 o 69 O 69 o 69 0 69 0 69 0 69 0 69 0 69 0 69 Cl) co z O 64 ((oo Q 69 ti M oc0 O N I- U9 Lo M O CM Lo N v N ti M V (� N N 10' Lo In fI- 9 to N w w (O 00 O v co r, M Co to IV cofl- to 00 00 N to tz O Q m f-- O coOD 69 � It- to Lo ti O m 1Y w w O r- M O � c I,,-69 O IV-69 L N to 69 e- C7 e- O N S M O V- O m O y co Lo Lo 69 m Go'* 69 69 NN 69 69 6fl O W W M 69 to 60 LIB ~ N p S M S p O LoO S pp lA v p O pp O � pp O LU 00 O 0 69 (h O O O 6fl CV Cr) O 69 to Co U') v O 69 (V (D CA O O 69 O 69 C) O v O N O tV C) d It OD Co 69 N 69 co ( j q' 69 CM M CL) O (I i N M69 � 6 9 6A 69 m 69 9 .6", � o roi S o ccoo v S v S S m W co w v coO 609 N coN 0 cn 000 O pvpp 00 ttSA( O coo N 000 m N O Q N Q M N IV 00 O N O 0 w c7 N 00 M t- co v o0 N H Z pp co W .- CD Co (A O (" L) (O N (O f� (V 69 v N (o N Vf g OD CA O N M ti O N J O "el Co � ti 69 M 6f) 69 69 � W V- It O N 64 N Cl) O 6N9- I 609 6�9 6fi N III m ~l 69 LLw 2 _ N (cl ccl p O S O p O� N p N S p cc W d W H Q L0 to O CEO O O) C9 a ti CO o0 v f- O to to Co to r- co O to p O OD Oo N v � O 69 O S N Co �p ttf coM L6 M Z W Z Q N M 00 0o (A to v IT f` N U CO) Q CM M (6 e- Q to 00 r- .- v co 69 Ch M O 00 00 f� ti 00 i- to CA � co � 00 qi CV J ti ri v77, o (a V- d Cr) to N to (A co 69 U o V*69 N6�yc69 « O � p N S O CDZ 0 = N 0 69 CD �0S 69 O tM � S6S9 CD 69 O co V co OD e- to (D N ti N w O qT N z Z O �' to6~H Cn o CA C � CA O v V- l' rn uoi to 69 to c C 1,6 v O CA Co O IV to t- CA co N Co �- IT qi' M v 00 � h tp G tU I Lo V- � `- �' W O eh CV J V qt r- N COM N OODD S V N � M Co (o tcoo Q f� N to p W G �� CO) Z J Z w J W J Z F_CO) - J w0c)Wo J o o � o o o �ao�o U �00�0(°T- W o o fZ } t] (n Ix Q Q J w w Q Q � J i- J Q z O Jz J O w U J <Q J Q U-- < a z z a o w LL w z z c� LL w z_ z_ W J F- Q m U = O O Q J 0 Q_ J n' Z O O J W J 0 w 1wi ~ I-JI OU cn v� U m U w M a n. M (D O ANIMAL CONTROL REPORT FOR: Sept 2003 Steve Alexander, Jackie Misuraca and Moises Rodarte Animal Pickups YEAR TO YEAR TO INCIDENTS YEAR TO DATE 03 DATE 02 HANDLED DATE 03 Dogs YEAR TO DATE 02 Alive 17 277 261 Bite Reports 1 27 35 Dead 6 66 48 Animal Trap OTI 2 29. 12 Set Ups 7 62 47 Cats Alive 21 145 167 Cruelty to Dead 4 60 59 Animals 0 3 3 OTI 2 3 8 Other Animals Alive 8 89 97 Vicious Animal Dead 9 56 64 Restraining 0 0 2 OTI 0 1 0 TOTAL ANIMALS Special Hour Patrols 1 10 37 Alive 46 511 525 Zoning 2 12 6 Dead 19 182 171 Lost/Found 43 352 310 OTI 4 33 20 Animal Rescue 1 15 15 Outside Agency 1 6 2 TOTAL ANIMALS REMOVED City Reclaims 9 124 92 Other 19 153 158 69 726 716 TOTALS 84 764 707 VIOLATIONS: NO OWNER WARNINGS CITATIONS Dogs at Large 18 0 12 Noise Disturbance 0 0 0 Defecation Removal 0 0 0 License Violation 0 0 21 Other 0 0 5 MONTHLY TOTAL 18 0 38 YEAR TO DATE 180 18 347 TOTAL MONTHLY INCIDENTS HANDLED: Sept 03: 209 Sept 02: 190 TOTAL YEARLY INCIDENTS HANDLED: Sept 03 :203 5 Sept 02: 1869 3 CODE COMPLIANCE STAT REPORT FOR Sept Sept 03 YEAR TO DATE 03 YEAR TO DATE 02 ABATEMENTS: Nuisance Abatements Started 81 1044 1647 Weed Abatements Started 2 94 153 Vehicle Abatements Started 81 588 738 Dwelling Abatements Started 1 9 32 TOTAL STARTED 165 1735 2570 TOTAL COMPLETED 153 1450 2170 Case Followups 412 3964 3106 Home Occupation Inspections 12 114 85 Business License Inspections 0 1 0 Garage Sale Permits Issued 89 1243 1138 4 M M M M M M M M M M M M M M M m O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N wch03cl� v Z- rnrnc�i rn3�1 Ia)a)aNOsN:zasasC:zaaa� W Z Z U W J W CO CO O ZO cn U Oz00 wU w QIlI Vw-a U� Zwzwo- hQ-QwUz-Z WU0JwZ00=JWmO~-WZwUU�(-0amo-iaw Yw0:WLU OoWUI 13Ia��wl�i °oaW om=�ww =w5C�mmU?wQ?U<w0 -rnCO) rn0(� n.M� �naor•r� �OV-�M�p NtNo MOT —V- C N c7 L? V- v- O e- 0 v c-4t.h�4�� 1 0 0 0 O co co co 0 co co co 0 c$ co co ti r• r` r` � ti r` n � r` ti r` r` ti r` CL pLAMMMMAMcIn CIO AAMMAA O O O O tQ O O O to N N cA cA c[f .�'rnrnrnrn0) ommocVOC omm O1 .O. �aQdaQQQQQQddQdd �UUUUUUUUUUUUUUU zzzzzzzlzzzzzzzz 0555555555555555 �aaaaaaaaaaaaaaa �'ggggggggggggggg 0 W o � o D i Q N n0~W > > Uo- } > 0 co a.5z mmomm'"'01Q-N wogo(CRO 000da � �z>ZWOzzzzzxmww QQ w<wanV>>»>!OQw �UQcA=0>QQQQQ=J>a �N001NNCOOONNO01ON�� ����d M�T-V-000000778 4tittf`mt1`cAOOOOti::I-I- a w O J f' U W IL C�Of co U W J I LLL .j z a. O O W Q Q U Vj W w v Z_ w j UwZQZ J�O Mo Q Q d W w<Q<h- ..N 00°a co COW�w2U 2 0) Q�W1I=--> Wad -wWN 8 a U OF-->>WOZWQZZomo a O Ucn _ (r wmjo� UU -jm EZmz°g�U�wgzZMOQ N O OWO�UWJ JJ— O c� �I-OmYIWIx _jI- �_ U.�mm00UoNoc�Wc�=wg=o .0OCLZZal CO) m2 IwJ05OOwwODWO on O I- O rn r- cc st c0 t• co 00 M O O M O =Imm oNCNomof-m 1-000004 B O O O O O O O O O O O O O O O 5 DEPARTMENT REPORT: TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR DATE: OCTOBER 21, 2003 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF SEPTEMBER, 2003 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of September. P:\Monthly Report Folder\SEPT 2003.doc 1 COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT REPORT SEPTEMBER 2003 PROJECT DESCRIPTION CUP'S 1 submitted Development Agreements 1 submitted Environmental Assessments 3 submitted Fugitive Dust Control 0 submitted General Plan Amendment 2 submitted Lot Line Adjustments 1 submitted Minor Adjustments 2 submitted MUP's 5 submitted Parcel Maps 0 submitted Parcel Mergers 0 submitted Sign Permits 10 submitted Site Development Permits 3 submitted Specific Plans 2 submitted Tentative Tract Maps 1 submitted TUP's 9 submitted Zone Change 1 submitted Zoning Code Amendments 1 submitted 0F'1�xr if P:\Monthly Report Folder\SEPT 2003.doc a O � M M O M Op� 0- M = c 0Q0) O 'p > O .0 4-J C �Q y M U •� O — N .M N O J a) O a a a 0 t° M MO CD MCD CD CD I U aU o "C c cv a a 0 E o , 0 `- C O a wc- o O.� O +_ , _ o 4) + ' - J Q) 'fl V� w E O +.+ N cv cn O ,v_� v O M 0 0 M c C 0 -Op v O C o 'cn O �— `�-- 'E O cM O (� O�L�O -p O +'' C a �, CD O += c� O> a C- °� c �- },MCh ca L�—•>�Q Caw.. 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Q 0 0 0 J J C N im c ° = O H � � O 0 C O LL C J c _ �. m U ro w w v O W 41 O N a 0 z DEPARTMENT REPORT:1(0 c VAL" . 0� �O • Z IM . 4 e4� ti5 c�M OF TO: FROM: DATE: HONORABLE MAYOR AND MEMBERS OF THE CITY CIL DODIE HORVITZ, COMMUNITY SERVICES DIREC OCTOBER 21, 2003 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF SEPTEMBER 2003 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF NOVEMBER 2003: Nov 2 Carlsbad Village Faire Excursion Nov 3 *Monthly Putting Contest Nov 3 Ballroom Dance Lessons, Senior Center Nov 4 *Arthritis Tai Chi Class Nov 4 *Watercolor Lessons Nov 4 * Knitttng Class Nov 4 *Tap Dance Class Nov 5 Dog Obedience Class, La Quinta Park Nov 5 *Sketching/ Drawing Class Nov 6 *"Tax Solutions for Seniors" Seminar Nov 6 *Jazz Guitar Lessons Nov 8 2-on-2 Volleyball Tournament, La Quinta Park Nov 11 Veterans Day Tribute, Civic Center Campus Nov 12 Sports Yoga, Senior Center Nov 13 Adobe Photoshop for Beginners, Senior Center Nov 13 Tae Kwon Do, La Quinta High School Nov 14 *"Super Nutrition for Super Aging" Seminar Nov 14 *Evening Ballroom Dance/ Social Nov 17 Pilates, Senior Center Nov 17 * "Elder Law: Legal Law" Seminar Nov 18 Adobe Advance Class, Senior Center Nov 18 *Adult/ Child CPR & First Aid Class Nov 20 *Thanksgiving Luncheon Nov 21 *Free Legal Counseling Nov 22 Getty Museum Excursion Nov 24 * Hatha Yoga Class Nov 25 *Dog Training Class Nov 25 Hatha Yoga Class, Senior Center Nov 26 Mastering the Internet, Senior Center *Daytime Senior Center class or activity Community Services Department Attendance Report for the Month of September 2003 Summary Sheet Program 2003 2002 Variance Sessions Per Month 2M3 2An2 Leisure Classes 99 65 34 31 22 Special Events 1711 238 1473 4 3 Adult Sports 432 396 36 20 21 Senior Center 1065 864 201 100 67 Total 3307 1563 1744 155 113 Senior Services Senior Center 564 461 103 20 21 Total 564 461 103 20 21 Sports Complex Use AYSO 420 1650 -1230 14 15 Diamond Ringers 75 0 75 5 0 Total 495 1650 -1155 19 15 LQ Community Park AYSO 980 0 980 14 0 Total 980 0 980 14 0 Facility/Park Rentals Senior Center Churches 550 0 550 8 0 LQ Community Park (Private Party) 50 0 50 1 0 Fritz Burns Park Private Pa ) 50 0 50 1 0 Total 650 0 650 10 0 Total Programs 59996 3,674 2322 218 149 Volunteer Hours Senior Center 313 430 -117 Total Volunteer Hours 313 430 -117 Monthly Revenue Senior Center $ 11, 316.00 $ 7,464.50 $ 3,851.50 Community Services $ 18,800.00 $ 11,189.00 $ 7,611.00 Total Revenue $ 30,116.00 $ 189653.50 $ 11,462.50 Revenue Year to Date Senior Center $ 18,238.25 $ 9,695.00 $ 8,543.25 Commqp4 Services $ 31,504.00 $ 21,237.00 $ 10,267.00 Total Revenue to Date $ 499742.25 $ 30,932.00 $ 18,810.25 3 Community Services Program Report for September 2003 2003 2002 2003 2W2 Participants Participants Variance Meeti!q2 Meetings Leisure Classes Adobe Photosho 6 4 2 2 Ballroom Dance 6 8 -2 3 3 Beginning Computers 8 3 5 3 3 Bell dance 5 0 5 3 0 Bell dance Level 2 5 0 5 2 0 Dog Obedience 8 0 8 2 0 Excel 6 0 6 2 0 Hatha Yoga 22 30 -8 5 4 Line Dance 14 0 14 2 0 Pilates 8 0 8 5 0 Sports Yoga 11 0 11 2 0 Tae Kwon Do 19 6 13 5 4 Totals 99 45 641 31 12 2003 2002 9nn� Innol Participants Participants Variance Meetings Meetings Special Events Land Mark Golf Club 41 0 41 1 0 Summer Golf Tour Banquet 50 60 -10 1 1 Community Park Opening 1600 0 1600 1 0 Soccer Managers Meeting 20 0 20 1 0 Totals 1,711 60 1651 4 1 2003 2002 9nn� Inn* Pardci ants Participants Variance Meetings Meetings Adult Sports O en Gym Basketball 212 256 -44 18 17 Adult Soccer League 220 140 80 2 4 Totals 432 396 36 20 21 Recreation Totals 2242 501 1741 55F 34 Page 2 Senior Center Attendance Particleatiog Particleation Variance Meetings Meetings 2 Senior Activities ACBL Bride 110 110 0 3 4 Bridge, Duplicate/Social 425 315 110 15 14 Computer Open House 17 0 17 1 0 Dog Training, Complimentary 5 0 5 1 0 Ice Cream Social 16 0 16 3 0 Monthly Birthday Party 28 33 -5 1 1 Monthly Luncheon 94 106 -12 1 1 Movie Time 76 72 4 8 8 Seminars 3 0 3 1 0 Senior Activity Total 774 636 138 34 28 Senior Leisure Classes Arts and Crafts 10 17 -7 2 2 Ballroom Dance 20 32 -12 8 4 Ceramics 10 13 -3 4 4 Computer 66 34 32 15 6 Exercise 40 41 -1 12 12 Golden Tones 56 35 21 3 3 Knitting 10 14 -4 1 1 Quilting 27 29 -2 4 4 Sketching/Drawing 4 0 4 4 0 Tai Chi 24 13 11 5 3 Watercolor 13 0 13 4 0 Woodcarving 11 0 11 4 0 Senior Leisure Classes Total 291 228 63 66 39 TOTAL SENIOR PROGRAMS 1065 864 201 100 67 Senior Services AARP "55" Course 30 42 -12 2 2 Bono's Mobile Office 2 4 -2 1 1 FIND Food Distribution 405 313 92 4 4 Hearing Consultation 1 1 0 1 1 I.I.D. Energy Assistance 63 38 25 8 7 I.I.D. Energy Assistance/No fee 2 4 -2 1 2 Legal Consultation 5 4 1 1 1 Medicare/Hi Cap Consultation 5 12 -7 2 3 Volunteers 51 43 8 n/a n/a TOTAL SENIOR SERVICES 564 461 103 20 21 SENIOR CENTER TOTAL 1 1629 13251 3041 1201 88 DEPARTMENT REPORT: S Ta I U!t 4 4 a" TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer DATE: October 21, 2003 RE: Public Works/Engineering Department Report for September, 2003 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 imothy R. 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O Q 0) a m °� Q 'v E rn w O N C C p ,cm cn .rn Q c o cn 'gin .- a� -p .L > :° o a r +r c E c o E 'cl c O -o _v o L 0� ,_ 0 N 'N W OC O G ca — O U J Q O o U O D O C to O C Q) O � E ._ ._ O i• cv C O U. C. v) 0 O O D U c C +-+ O cv (n N> y O .0 () 00 � •N O c C c p C cc (D � O Z y rn O o o O O c M DCN O -0 p0 — C. �- = L o o LO O O L O r G O N f O N O V ) 00 00 0 O 00 00 d O a? 00 W C7 � LO O a. Oj � CV) Isj co 0 v- �, O � r °' cn m90 N v > t/s CD E N_ N +a M > O O c)c o 00 N O Q O a.� 0 L > ON o +-j +" N O 4-1 O N I-F- a o aci E w �' u� a E o C E c) -a o U a _ E Z �' L O m O z J> Z — O J r O Q S N Co L L � L a 0 V LL L� CL Q) L L OL 4- N M (D '0 F- O a U i•� L a.cn� E =U _ CO L Ct �••� E cn L L E-�� *r MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: September, 2003 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 4 Men 4 Men 1 Man 1 Man Total 1000 Policing/Inspection 48 18 0 22 88 1001 Pot Hole -Repair/Patching 9 6 0 0 15 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 0 0 0 0 0 1004 Pavement Marking/Striping 0 0 0 0 0 1005 Curb Pain ting 0 0 0 0 0 1006 Other Traffic Controls 34 1 0 0 35 1007 Curb & Gutter Repair/Const. 0 0 0 0 0 1008 Other Concrete Re airs/Const. 0 12 0 0 12 1009 Street Sign Install (Now) 0 16 0 0 16 1010 Street Sign Repair/Maint 55 5 0 0 60 1011 Debris Removal 9 20 0 1 30 1012 Right of Way Maint. 3 12 0 0 15 1021 CLEAN Catch Basin inlet/Outlet 12 71 0 0 83 1022 Rondo Channel Outlet/Vault 1 0 0 0 1 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 Retention Basins Repair/Maint. 65 92 0 6 163 1024 Gutter/Median Sand Removal 0 2 0 0 2 1025 Street Sweeping (Machine) 112 0 0 0 112 1026 Street Sweeping (Hand) 2 0 0 0 2 1027 Sidewalk/Bike Path Cleaning 0 0 0 0 0 1028 Dust Control 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean- 0 75 0 5 80 1041 Mowing/ Weeding, Shrubs & Tree Trimm' 9 3 0 0 12 1051 Landscape/irrigation Contract Manageme 0 86 0 13 99 1052 Lighting/Electrical Contract Management 0 15 0 15 30 1061 Small Tools Repair/Maint. 2 0 0 0 2 1062 Equipment Repair/Maint. 7 4 0 0 11 1063 Vehicle Repair Maint. 2 6 0 0 8 1081 Trash/Litter/R bie Removal 0 34 0 0 34 1082 Vandalism Repairs 6 6 0 0 12 1083 Graffiti Removal 43 11 0 0 54 1084 Maint. Yard Building Maint. 8 0 0 2 10 1085 Seminars Training 0 0 0 4 4 1086 Special Events 3 0 0 0 3 1087 Citizen Complaints/Requests 64 17 0 0 81 1088 Meeting 2 9 0 26 37 1089 Office (Phone, paperwork, reports, Misc. 16 13 0 45 74 SUBTOTAL 512 5341 01 139 1185 1091 Over Time 34 5 0 0 39 1094 Jury Duty ( ) 8 e 1095 Sick Leave 56 45 0 0 101 1096 Vacation 32 29 80 13 154 1097 Holiday 32 32 0 8 72 1098 STD (Short Term Disability) 0 0 0 0 0 1099 AWP (Julio) 0 0 0 0 0 SUBTOTAL 162 111 80 21 374 TOTAL HOURS 674 645 80 160 1559 TOTAL MILES 24371 2358 0 3531 5153 � 90 DEPARTMENT REPORT: - CITY OF LA Q UINTA POLICE DEPARTMENT MONTHL Y REPORT September 2003 097 City of La Quinta La Quinta Police Department Captain John Horton, Commanding September 2003 Highlights (Numbers in parenthesis denotes number of calls for service that day) Monday, 09-01-03 (33).: Deputy Coleman and J. Garcia were working burglary suppression duty in the La Quinta area when they saw a male subject peddling a bicycle without a light. They stopped the subject in the area of Fred Warring and Washington St. The subject identified himself to be Ortiz Torres. During the stop, Deputy Coleman attempted to pat -search Torres for weapons. During the pat -search Torrese became combative and tried to pull away from Deputy Coleman. Based upon Torres, behavior, Deputy Coleman put Torres into a carotid restraint hold. As Deputy Coleman attempted to gain control of Torres, they both fell to the ground. Once on the ground, Torres was handcuffed. Torres was arrested for resisting arrest. Prior to booking him into Indio Jail, he was taken to JFK Hospital for medical treatment. Torres was treated for having a dislocated elbow and medically released. Tuesday, 09-02-03 (67): Deputies were dispatched to the 84000 block of Via Hermosa, La Quinta reference a suspicious circumstance. A neighbor, Scott Woodruff phoned the location and didn't receive and answer. Woodruff walked to the location and checked the residence. While looking through a window, Woodruff saw Sheila Chase lying on the floor. Another neighbor, Steven Pyle also responded to help Woodruff check the location. Pyle looked through a window and saw a male lying on a sofa in a pool of blood. Pyle knocked on the window and the male waved his hands. Deputies arrived on scene and forced entry to the home and found Sheila Chase lying on the ground with several gunshot wounds to the upper body. A second subject, Paul Anton, was found on the sofa with a gunshot wound to the head and upper torso. Anton was conscience. Deputies rendered aid and subsequently had Anton transported to Desert Hospital. Anton told Deputy Wedertz that he shot Chase approx. three times then turned the gun on himself. As of 0100 hours, Anton is still alive and undergoing medical treatment for his injuries. CHU, Lt. Kilday, DA's Office and Coroners office were notified and the Central Homicide Unit is continuing the investigation. Wednesday, 09-03-03 (36): No significant activity to report Thursday. 09-04-03 (64): Deputy Donivan and Ortega arrested Daniel Holmstedt (44 years old of Morongo Valley) for false evidence and uses of documents, license, devices, placards or plates. Holmstedt had in his possession false plates with intent to defraud and a misdemeanor warrant for DUI after a traffic stop on Calle Colima and Navarro. Donivan and Ortega arrested Solomon Martinez (39 years old Mecca) for a driving with a suspended or revoked license warrant and battery on spouse warrant during a traffic stop. In the same vehicle was Francisco Valdez (35 years old of Mecca), who was arrested for a driving with a suspended or revoked license warrant. Deputies Reynolds, Speir and Gerrard responded to the 79000 block of Ambassador, La Quinta in reference to an attempt suicide. Upon their arrival, they found that Stephen Curtis had turned the gas on inside his home in an attempt to kill himself. Deputies were able to remove Curtis from his house and open windows to ventilate the gas. Curtis was taken to Riverside County Mental Health for a 72-hour evaluation. �98 Friday, 09-05-03 Deputy Verduzco and Sr. Deputy Gerrard arrested Sandoval Guevara in reference to a willful harm or injury to a child that was investigated earlier in the day by Deputy Verduzco. Apparently, CPS had advised Deputy Verduzco that Guevara had been beating his children with a belt for bad school grades. When Deputy Verduzco responded to the house and spoke with the children, he found that one of the children had numerous bruises to his back, shoulder and arms from what appeared to be a belt. Guevara was booked into Indio Jail for harming his children. Deputies Michaels and Pierce responded to JFK in reference to a assault with a deadly weapon with a knife. Upon their arrival, they spoke with the victim; Genevieve Fernandez who claimed that a friend, Leticia Mendoza, attempted to commit suicide and Fernandez stopped her. In the process, they struggled over the knife causing Fernandez to receive two cuts to her left inner arm. Deputies responded to the 53000 block of Eisenhower (Fernandez' residence) in an attempt to locate Mendoza, but were unsuccessful. Saturday. 09-06-03 (48)_: L.Q. SET (Deputies Coleman & Myers) arrested Juan Comacho for two felony attempt burglaries and receiving stolen property warrants. The arrest warrant for Comacho was obtained after his prints were located on a recently stolen vehicle. Comacho was arrested at home located at the 82000 block of El Paseo St, in Indio. He was booked into Indio Jail. Deputies Garcia and Alexander arrested Robert Kochell for poss. of a controlled substance and under the influence of a controlled substance during a ped check at the park on Westward Ho and Adams St. During contact, Kochell discarded a small vial (approx. 7 grams / total packaged weight) of methamphetamine, which was later found in the grass near his location. Kochell was booked into Indio Jail. Deputies Garcia and Alexander responded to the intersection of Ave. 54 and Madison reference a single car collision. A witness to the collision advised the vehicle had collided in to a fence but the occupants were not injured. Sgt. Jimenez arrived on scene but the driver and passenger were UTL. Sgt. Jimenez checked the area and located the subjects walking SB on Madison from Ave. 54. The subjects were later identified as driver, Garret Dale and passenger, Lisa Lerum. Dale was later arrested for driving under the influence of alcohol with a BAC of .19. Lerum was arrested for public intoxication. Both subjects were booked into the Indio Jail. Deputy Morton was flagged down by a citizen reporting a hit and run at the Ralphs parking lot at Washington x Calle Tampico. Deputy Morton stopped the driver, Rafael Ramirez (40 years) of La Quinta and found that there was no damage to the suspect or victim vehicles. During a warrant check, Ramirez was found to have a felony poss. of a designated controlled substance. Ramirez was booked for the warrant, and cited for having defective windshields and rear windows and for driving without a license. 09,1 Sundav, 09-07-03 38 Deputy Hoyt stopped a vehicle at the 52000 block of Velasco because there was a clock hanging from the rear view mirror. The driver, Andres Garcia, had no license in his possession. While checking the vehicle for Garcia's license Dep. Hoyt located a loaded 9mm pistol under the front seat. Further search of the vehicle revealed a two glass pipes and seven grams of marijuana in the possession of a passenger, Fernando Carrizoza, possession. Garcia was booked for carrying a concealed weapon in a vehicle and carrying a loaded firearm. Deputy Krachman responded to the 78000 block of Como Ct. reference a domestic violence call. Adonica Yankaskas, said her husband, Eric Yankaskas pushed her by the face onto their bed and when she tried to get away grabbed her by the neck and pushed her into clothing hooks telling her he was going to kill her. The incident occurred in front of their two children ages two and three. She sustained a small scratch on her neck and another on her back. Eric was arrested for spousal abuse, terrorist threats and willful harm or injury to a child, C.P.S. was notified. Deputy Lewis responded to the 55000 block of Winged Foot, City of La Quinta reference an unattended death. Allan Edward Walker was pronounced deceased at 2155 hours by AMR. Deputy Coroner Birdsall was advised and released the body to Fitz Henry Funeral Home. No evidence of foul play was observed. Sgt. Gnatek responded to the scene. Deputy Heffley responded to the 79000 block of Anna Rosa (La Quinta), regarding an unattended Death. Everett Glynn, was pronounced dead at 2212 hours by CDF. Deputy Coroner Birdsall was notified and the body was later released to Fitz Henry Funeral Home. No evidence of foul play was observed. Sgt. Gnatek responded to the scene. Deputy Wedertz responded to the La Quinta Civic Center Park reference an area check call. Received info from dispatch that someone was possibly vandalizing the park. He parked at the La Quinta Senior Center and saw two male subjects walking from Calle Iloilo across Ave La Fonda towards the park. One subject appeared to have a rifle. He requested emergency traffic (radio) and identified himself. Both subjects fled southbound. He saw one of the subjects' ran towards the 51000 block of Calle Iloilo, who he knew as Johnny Cardenas. Made contact at Cardenas' res, and he claimed he was asleep. His chest and his heart were racing. Cardenas admitted he was at the park and broke out several lights (8 total). Cardenas turned over the BB gun that he was hiding in his room. Cardenas also named Pablo Guitierrez his cross the street neighbor as the other subject. Ped-checked Guitierrez about 15 minutes later trying to return home, located BB's in his pants pocket and he also admitted to doing vandalism at the park. He also admitted to supplying alcohol to Cardenas. He filed out -of custody on both subjects due to unknown value of the light fixtures damaged, both subjects on probation. He will come in early tomorrow to meet with city reference damaged lights. 0532 hrs-Deputies Hernandez and Vanderhoof responded to the I -Hop Restaurant to in the City of La Quinta to investigate a past burglary. This morning, about 0520 hrs, employees found the front door to the restaurant open ajar, the door window to the manager's office shattered, and the safe in the manager's office open. The investigation showed the rear service door to the restaurant had been pried open (probable point of entry) and no signs of force were found on the safe. The manager said an unknown person had also disarmed the alarm system at about 0030 hrs. According to the manager, about $2000.00 in cash was stolen from the safe. Nothing else in the business appeared to be disturbed. 300 Monday, 09-08-03 (52): Deputies Wedertz and Black responded to the Circle K on Hwy 111, in the City of La Quinta, reference a suspicious persons call. The Circle K clerk reported that a male subject came to the business and tried to sell him illegal drugs. The clerk told him to leave however the subject returned knocking on the store window and showing him a black object that appeared to be a holster tucked in his waistband. The deputies checked the area and located the subject in the Vons parking lot. The subject was detained and searched. The subject was found in possession of 3 1/2 oz. of marijuana, a hype kit, prescription medication and a small quantity of methamphetamine. The subject identified himself to be Gilbert Langford from Desert Hot Springs. Langford was arrested for poss. for sales, forged or altered prescriptions, poss. of paraphernalia, and poss. of a controlled substance and booked into Indio Jail. Tuesday, 09-09-03 (34): Dep. Wedertz advised over the radio that there was an eighteen -year -old at his residence that had attempted to kill herself. Deputy Lewis and Sgt. Sullivan responded. Ashley Barger, who was a houseguest of Deputy Wedertz, attempted to kill herself by taking two vicoden, four zanex, two packages of cold medicine stolen from Dep. Wedertz' medicine cabinet. She broke up with her boyfriend last Saturday. She was transported to J.F.K. Hospital. At 2130 hours JFK Hospital advised there were no open beds at any psych units and Barger is still at JFK Hospital. A 72 hour evaluation form was filled out and given to the nurse for when Barger is transported to a mental facility. Wednesday, 09-10-03 (48): Deputies Hughes and Harter arrested Jorge Higuera for a felony poss. of cocaine base for sale warrant during a traffic stop at Jefferson and Ave. 54 in La Quinta. Higuera was booked into the Indio Jail. Thursday, 09-11-03 (57): Deputy Ervin responded to the 53000 block of Avenida Juarez, La Quinta, reference a cat burglary. Deputy Ervin contacted James William who stated someone had entered his house while he was sleeping and stole approx. $1600 from a bank bag. The suspect also stole the garage remote from one of his vehicles that was parked in the garage. According to Williams, this is the third such incident in recent months. William owns the Bistro Coffee shop in La Quinta and believes the burglary might be an inside job. Deputy Ervin was able to locate latent prints from the vehicle. No suspect information at this time. Deputy Morton responded to Talante homes, in La Quinta, reference theft of construction materials. The contractor said that two pallets of block were taken and that they had been located at a homeowner's residence within Talante. The homeowner had been suspected of taking other materials in previous thefts. The block was a distinctive pattern consisted of blocks and caps, which matched the block found at the house. The resident, Warwick Jones had no paperwork for the block and claimed he purchased it in Nevada. He was placed under arrest for grand theft and booked into Indio Jail. Deputy Krachman responded to the 47000 block of Washington St, Palm Desert National Bank, in reference to a suspicious vehicle parked across from the bank. When Deputy Krachman arrived, he contacted the person in the vehicle, Robert Allen who was sitting in his vehicle for no apparent reason. A check for contacts revealed prior H&S activity. During a consent search, Deputy Krachman located .6 grams of methamphetamines and a smoldering glass pipe. Allen was booked into Indio Jail for poss. of a controlled substance. Fridav, 09-12-03 (67): Deputy Morton arrested Maria Dominguez for shoplifting at the La Quinta Wal-Mart. Saturday, 09-13-03 (54): No significant activity Sunday, 09-14-03 (66): Deputy Quintero responded to Eisenhower Urgent Care reference a past Terrorist Threats call. Kelly Flores, said her estranged husband, Juan Flores, followed her to her in-laws residence at the 52000 block Ave. Carranza and blocked her in the driveway. An argument ensued and he grabbed her by the head, kissed her on the lips, and kissed her. He told her it was the "kiss of death" and told her he was going to kill her. Deputy Quintero located Juan Flores at the 53000 block Ave. Madero and took him into custody without incident. An Emergence Protective Order was obtained and he was booked for terrorist threats. Deputy Hoyt responded to the 51000 block Ave. Ramirez regarding a 911 call. Upon arrival, he met with Manuela Celis, the victim. Manuela said husband; Jorge Celis pushed her and also hit their 11 year old daughter. Neither needed medical treatment. Deputy Hoyt then met with Jorge and spoke with him about the incident. While talking with Jorge, he became argumentative and clinched his fist and acted as if he was going to fight. At that time, Deputy Hoyt grabbed Jorge by his shoulders directed him to the ground and handcuffed him. Deputy Espinoza and Garcia were also on scene and assisted Deputy Hoyt. Jorge was arrested for resisting arrest, spousal abuse and willful harm or injury to a child and booked into Indio Jail. Monday, 09-15-03 (59): No significant activity Tuesday, 09-16-03 (52): No significant activity reported Wednesday. 09-17-03 (57): Deputy Donivan responded to the 52000 block of Eisenhower reference an attempted rape that had just occurred at that location. A seventeen -year -old male (who suffers from severe mental illness) brought a five -year -old female who was visiting the residence into his bedroom. He then locked the door, removed his pants and started toward her. She managed to get out of the room and notify her mother. Inv. Nagles was notified and is conducting the follow up. Deputy Brooker investigation a battery at the La Quinta High School, involving two 17 -year - old males. One of the males ended up falling into a wall during the fight and sustained bruises and lacerations to the head. AMR was called and the injured juvenile was taken to JFK for treatment. Both parents requested prosecution, so the case is being sent to the D.A. Deputy Reynolds responded to the 45000 Desert Air St. La Quinta, in reference to a battery. Upon his arrival, he learned that a 13- year- old male had battered his grandmother, Marcia Carez. Marcia Carez declined medical treatment on scene. Marcia Carez wanted her grandson arrested and did not want him in the house. The juvenile was booked into Indio Juvenile Hall. Thursday, 09-18-03 (50): No significant activity to report. Friday, 09-19-03 (52): Deputies Arredondo and R. Garcia responded to the 52000 block of Avenida Herrera in reference to a child endangerment call. The reporting party, Kayla Lagrand stated that her boyfriend, Brett James Docken came home drunk and pushed her 7- year- old daughter off of the bed. The child was not hurt and that Docken fled the home prior to Deputies arrival. Deputy Garcia will be filing the case with the District Attorney's Office. A copy of the report will be forwarded to CPS. At 1430 hours, a deputy responded to the 79000 block of Ambassador Cir. In reference to a mentally disturbed subject, Steven Curtis who called an Arizona Mental Health facility saying he was going to kill himself with a shotgun. When deputies arrived at his residence, Curtis closed and locked the front door and refused to come out. Sgt. Shields responded to assist. Entry was made through the rear slider and Curtis was taken into custody without incident. Curtis was highly intoxicated and housed at Indio Jail until he sobered up. Curtis was then transported to Mental Health and held on a 72-hour hold. Saturday, 09-20-03 (51): No significant activity Sunday, 09-21-03 (52): Deputies Vanderhoof and Hernandez were on routine patrol when they attempted to talk with white male who was jaywalking in the area of Calle Tampico and Ave. Villa. As they attempted to contact the subject, he ran from the deputies. In trying to detain the subject, the white male ran towards Deputy Vanderhoof in a violent manner. Out of officer safety, Deputy Vanderhoof kicked the subject in his upper torso area, knocking the subject to the ground. The subject was then handcuffed with no further incident. He identified himself to be Robert Loredo; Lorado was arrested for public intoxication and resisting arrest and booked into the Indio Jail. Lorado only sustained a scratch from the incident and did not require any medical attention. The jail staff later sent Loredo to ACES Mental Health for 72-hour evaluation due to his threats of harming himself. Deputy Vanderhoof and Hernandez responded to Eisenhower St and Calle Chihuahua to investigate a traffic accident. The accident involved two vehicles, a flatbed tow truck and 1996 pewter Geo Prizm four door sedan. The driver of the Prizm, Nancy Bermejo and her passenger, Monica Moncad received minor injuries and refused medical treatment. The Geo Prizm was towed from the scene. Monday, 09-22-03 (49): 1229 hours, Deputies Donivan and Ortega were dispatched to a report of a subject selling possible stolen property at Calle Chillon and Vallejo. They located the suspect's vehicle at Eisenhower and Chillon but the subject was U.T.L. The vehicle, a 1986 blue Volvo Ca, had numerous power tools inside. The vehicle's registration was expired so they stored it and took the property as safekeeping. Further investigation revealed that the vehicle belongs to known burglar, Romero Diaz. They were unable to locate him. Tuesday, 09-23-03 (66): At approx. 2227 hours, Deputy Lewis arrested Monico Vidrio for public intoxication at the 53000 block of Avenida Ramirez. Vidrio was found intoxicated in a neighbor's residence. 3�.3 Wednesday. 09-24-03 (52): At 1940 hours, Deputy Reynolds responded to the 81000 block of Palmyra in reference to a battery. Upon arrival, Deputy Reynolds was told that the suspect, Gina Ayala was physical with her sister, Robin Osip and that both suspects had left the scene. Deputy Reynolds was further advised that Gina Ayala had threatened to kill herself and her children prior to leaving the residence. While Deputy Reynolds was attempting to locate Ayala, she returned to the above address with her children. Ayala denied accusation of trying to kill herself, however, several other witnesses stated that Ayala made the suicidal threat. The children were released to their father and Ayala was transported to Riverside County Mental Health. Deputy Orr arrested Gary Delise for shoplifting. Delise was caught stealing items from La Quinta Wal- Mart. Thursday. 09-25-03 (63). No significant activity to report Friday, 09-26-03 (72): CSO Fowler was driving through Home Depot parking lot when petty theft suspect fled out of the front being chased by employees. Fowler attempted to detain suspect who initially resisted and Fowler called an emergency back up which was downgraded to routine back up within minute. Armando Gallegos (28 years of Indio) was arrested for petty theft. Saturday. 09-27-03 (51): No significant activity reported. Sunday. 09-28-03 (46): Deputy Dafton arrested Isaac Telles, for driving under the influence. He ran the stop sign at Hwy 111 and Jefferson. He gave blood and was booked at Indio Jail. Dep. Donivan stopped Miguel Osuna, for riding a bicycle the wrong way down La Palma west bound. When asked if he had any weapons Osuna replied that he had a dagger in his back pocket and grabbed for it. Osuna was subsequently arrested for poss. of a deadly weapon and booked at Indio Jail. 'Deputy Krachman arrested Johnny Michel for spousal abuse at the 52000 block of Avenida Navarro, in La Quinta. Michel assaulted his spouse during a family disturbance. Deputy Demarest arrested Catarino Maldonado for terrorist threats and battery at the 78000 block of Runaway Bay, in Bermuda Dunes. Maldonado threatened and assaulted another subject during a disturbance. Monday. 09-29-03 (47): No significant activity Tuesday. 09-30-03 (6 Deputy Hernandez was assigned to a suspicious circumstance on Miles next to the Indian Wells Tennis Garden. Upon arrival, he located a brown van matching the description given. He made contact with Bobby Bussell (46 years), and found three newspaper racks. One was in the van and two had been abandoned in a vacant field next to the van. Sixty-seven dollars in quarters was located in the van. Deputy Quintero took over the investigation as it was near the end of Hernandez' shift. Dep. Quintero got Bussell to confess that he had stolen the machines from the Sav-on at Hwy 111 and Cook St. Bussell was booked at Indio Jail. Deputies responded to Pacific Western Bank reference a robbery that had just occurred. Two black males entered the bank and brandished a pistol demanding money. They took cash and fled in a newer model green Ford Excursion with tinted windows. The suspects were 25-26 years old, 62", about 210 lbs, with short black hair and dark complexions. They were wearing brand new white T-shirts, black dickey pants and black shoes. The investigation was turned over to detectives. Deputies Hughes and Vanderhoof responded to 51840 Avenida Rubio, La Quinta in reference to a TRO violation. Upon arrival, Deputies learned that Nancy Rodriguez (23 years) violated the TRO by entering Sylvia Gomez (18 years) residence. According to Gomez, Rodriguez entered her residence, grabbed her arm and asked if she was still sleeping with her ex -boyfriend. Deputies conducted a vehicle stop on Rodriguez at Hwy 111 x Monroe and arrested her for 459 PC, and 166.4 PC. She was booked into Indio Jail. Total calls for service: 1614 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT September 2003 School: La Quinta High School Deputy: Robert Brooker 13- Criminal Reports 4- Non Criminal Incidents 7- Arrests 3- DA Filings 4- YAT Referrals 1- Traffic Stop 2- Vehicle Checks 2- Business Checks School Session: September 2nd through September 30th12003 Highlights: • During this period of time, the 2003-2004 school year started. The first few days were uneventful as the students settled into their new class schedules. • I assisted the school staff with several medical aids and parents who are having problems with their high school age children. • I had the Coachella Valley Gang Task Force come on campus during the lunch period and conduct interviews of students the school administration requested they speak to. • I handled incidents on and off school grounds to include non -students on school grounds, fights between students, an unfounded death threat, possession of marijuana on school grounds, truancy and theft. • In one incident of theft, I was contacted by DSUSD Chief of Security Bergman and asked to respond to the district office where he had two adult males detained for suspicion of stealing gasoline from a district van. After separating the two suspects and interviewing them separately, I obtained confessions from both and arresting both for theft, booking them in the Indio Jail. J �. CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT September 2003 SCHOOL: LA QUINTA MIDDLE SCHOOL Deputy: Robert Burbach COPS Grant Funded Position d through September 30th, 2003. HIGHLIGHTS: During the first week of school I was introduced to the school staff and members of the probation department. I met Jennifer Smith who will be working with me as a probation officer assigned to the YAT program and assigned to the school. Jennifer is currently in training and will be for about one month. I was able to use the YAT team on two occasions during this month. One incident involved a carry over from last year reference a student threatening another student with physical harm. The student was contacted and was advised of the consequences of fighting or making threats to fight another on or off campus. As a result of this incident the student was placed on a YAT contract, which lasts for 6 months. As of this date the student has completed his 10 hours of community service and no further problems regarding him have been brought to my attention. A second student with a truancy problem was also referred to the YAT program. This student had missed numerous school days saying she just didn't want to go to school. She was also placed on the YAT contract. After our initial contact she ran away from home and a report was taken. This student has since missed more school and the last information I had was reference a warrant being sought charging her with the original offense of vandalism to her mothers house. • Several other students have been contacted reference threats to fight or actual fighting on and off campus. Some of these students were given suspensions handled by the school Vice Principal. • On September 23rd, a teacher found a 6th grade student in possession of a small toy gun that concealed a small knife within it. This student was suspended pending an expulsion hearing. _ ►• LA QUINTA POLICE MOTORCYCLE ACTIVITY REPORT PROGRAM STATISTICS SEPTEMBER 2003 Prepared By: Deputy Dave Adams Speed Violations Fail to Yield Turning Violations Stop Sign Violations Signal Light Violations Child Seat Violations 60 Lane Change Violation Seat Belt Violations DUI Arrests Cut Traffic for Citation Cut Traffic for Collision Warnings 0 Tows Injury T/C Non -Injury T/C Suspended DL Non -Moving Fatal T/C 8 0 39 0 3 1 0 10 42 7 17 0 37 4 40 0 HIGHLIGHTS 090203 - DUI arrest @ SR 111 and Washington St. LAR03245022. 090303 - Attended CHP Officer funeral in Riverside. 091503 - Minor injury T/C @ Adams x Ave. 47. 092203 - Minor injury T/C @ Adams x Miles. 092503 - Non -injury T/C @ Dune Palms x SR 111. ****Note Deputy Adams trained Deputy Gaunt for two weeks after he completed the Motorcycle Academy. La Quinta Police Department Special Enforcement Team Monthly Report Sept., 2003 (Dep. Coleman, Dep. Myers, Dep.Wedertz, Cpl. Black) The following is a summary of the Special Enforcement Team activities for the month of September. Ongoing Investigations 6 Probation Searches 2 Parole Searches 2 Arrests/ Filings 9 Vehicle checks 20 Business Contacts 12 Investigation assists 5 Arrest Warrants Served 5 Arrest Warrants Attempted 10 Programs 0 Pedestrian Checks 15 Crime Prevention Hours 80 Bar Checks 4 Back-ups 18 Follow-ups 15 Search Warrants 0 Meetings 4 Recovered Stolen Property 0 Citations issued 1 Surveillance's 1 Property Checks 8 Civil Commitments 0 Bicycle Time 0 Training Hours 10 Illegal Drugs Seized 3 Total Mileage: 1896 miles Noteworthy Accomplishments: La Quinta SET — Arrested, Julio Anaya, 33 years of La Quinta on two "No Bail" Felony drug warrants. La Quinta SET- Arrested, Juan Camacho, 19 years of Indio for Possession of Stolen Property and Vehicle Theft. La Quinta SET- filed charges on a male juvenile (15 years) of Coachella for Vehicle Burglary. La Quinta SET- filed charges on, Jose Holguin, 21 years of Palm Springs for attempted Burglary. On 09/02/03, La Quinta SET members were first on scene at a homicide -attempt suicide incident within the Laguna De La Paz complex. SET Members were instrumental in making entry, determining status of involved persons, preservation of crime scene, and interview of suspect at Desert Hospital. On 09/07/03, La Quinta SET members on -sighted a vandalism in progress at the La Quinta Campus park near the senior center. Two suspects were detained and identified, both admitted to their involvement. Misdemeanor charges were filed out -of -custody. On 09/08/03, La Quinta SET members detained a suspect attempting to sell marijuana and pain killers to citizens along the Highway 111 corridor. About 3.5 ounces of marijuana, 20 Soma pills, and one-half gram of methamphetamine was recovered. Gilbert Langford of Palm Desert was booked into Indio Jail. EXPLORER POST 503 PROGRAM REPORT September 2003 Submitted by Explorer Post 503 Advisor Andy Gerrard Training meetings were held on September 3, 10, and 17. The meetings covered expectations, defensive tactics, physical training, bicycle patrol introduction, marching practice, drug awareness lecture, and community service project preparation. Department of Justice Special Agent Ken Bambrick presented the drug awareness lecture. Deputy Michael Bolton coordinated the defensive tactics training. Bambrick and Bolton did excellent jobs teaching Post 503 Explorers during the meetings. I coordinated the expectations, physical training, and bicycle patrol introduction. Post 503 Captain Alejandro Barragan and Post 503 Lieutenant Trinidad Arredondo led the marching training and community service project preparation. During September, Alejandro Barragan was promoted to Post 503 Captain. Michael Yocom earned Lieutenant. Six Post 503 Explorers, Trinidad Arredondo, Alejandro Barragan, Victor Villanueva, Miguel Fonseca, Roberto Guzman, and Tammy Reyes did outstanding jobs volunteering a combined total of 60.5 hours during the September 14, Coachella Fiesta at Bagdouma Park. The Explorers assisted with crowd and traffic control during the well attended annual event. Post 503 has 501(c)(3) Internal Revenue Code status. Donations to Post 503 are tax deductible. Post 503 Explorers are currently raising funds to attend the July 19-24, 2004 National Law Enforcement Explorer Conference in Atlanta, Georgia. Donations may be sent to Explorer Post 503, 82695 Dr. Carreon Blvd., Indio, CA 92201. City of La Quinta Community Oriented Policing {office and Volunteers Report September, 2003 Highlights: • The volunteer program presently has five volunteers staffing the La Quinta office full time. • Seven others have completed the background process and have been fingerprinted. • One volunteer makes the Crossroads Collision Database entries and has been entering all La Quinta traffic collisions and traffic citations into the system from the COPS Office. • Another volunteer enters all firearms seized or recovered into an ATF computer for national security weapons tracking. • The volunteers are developing a child fingerprinting program and bicycle registration program. Additional programs are being researched and maybe developed (elderly call program and crime -free multi housing). • 196.5 hours of volunteer time was recorded in September. The total number of volunteer hours since the CPO was established is now more than 800. o 110 walk-in requests were handled in the CPO Office. • The volunteers planned, designed, and published the CHP Collision Investigation Manual for use by all officers working in La Quinta. The C.I.M. is the State of California manual which is required to correctly document or investigated traffic collisions. J�� CITY OF LA Q UINTA CRIME STATISTICS SUMMARY AUGUST2003 �1� t CITY OF LA QUINTA AUGUST CRIME COMPARISONS CRIME AUGUST 2003 AUGUST 2002 YTD (03) YTD (02) HOMICIDE 0 1 1 3 RAPE 0 0 7 5 SEX CRIMES L 1 0 9 8 SEX CRIMES SD 1 1 7 14 ROBBERY 2 2 14 12 ASSAULT (FEL) 5 8 65 79 ASSAULT ISD 11 24 132 148 BURGLARY 49 38 462 414 VEHICLE THEFT 8 11 83 94 THEFT (FEL) 23 23 187 218 THEFT MISD 28 27 264 346 VANDALISM MISD 39 49 226 286 DOM. VIOLENCE 8 15 93 92 NARCOTICS 9 12 51 75 DID 12 13 56 103 T/C NON -INJURY 20 49 221 424 T/C INJURY 0 6 26 57 T/C FATAL 0 0 2 0 TRAFFIC CITATIONS 193 399 2374 3035 2003 STATISTICS DO NOT INCLUDE ATTEMPTS .� 3 CM O O N f-- D D Q U) Z 0 U) L.d.. LS1� G 0 U w 2E ry U M N O O O O N N Q Q LL W CD 0 M N O O r w s s w g c� D m LL J Q Q } w m m w XU W w a 9 3114 M 0 0 N f-- U) Q z 0 0! Q 0 U w OC U w 0 w Q J I- LL w �A O 0 O O O O O LO m' Cie)N T- w g c� oc m LL J D a w m CD cw G_ cc X w CO W 315 0 W J a J g` 0 �Ci OfN m JIG co O 0 N F- C!� Q U) z r0 U) cr- Q CL 5 0 c� L.L. r� VN L.L._ m M N 00 O O N N C� C� Q Q JLI C� qt N O 00 CO it N O ac w 0 w a U w J J w O J O O U Q U w w O U J Q H Z w _0 U w Ir 1 '1 M N O O O O N N 0 0 Eli Q Q 0 0 0 0 0 N J13 F� M O O Z N W U' wa UU) > w U) � �o W � Oa� Q LL WJQ J p v J oW z= �w �w Z Oo () w — WU) o� � o* Q � � J W Cl) c co CD O F- M N O O O O N N CO O 00 C0 11, N O T- � CO) U Z Z J13 cY) 0 O N f-- U) Z) CD D Q f— U aC U_ LL L1_ Q Ll. 0 z 0 U) ry Q a_ 2 0 U M N O o 00 N N Q Q I I I I I I I I I I I I I I I 1 I I I I o I I I I I I I I I O I I I I I I I I I I I I I N I 0 I I M I I I i I � I I TM) I V+' I I I I I t I I I I , O O O O O LO d' M N r' Q Q s., z z O z U H z O Q U U LL LL I I- O 12 CITY OF LA QUINTA DISPATCH INFORMATION /AUGUST 2003 TYPE OF CALL RESPONSE TIME S NUMBER OF INCIDENTS EMERGENCY 7.3 Z ROUTINE 8.6 1031 *STATS TAKEN FROM RIVERSIDE CO. SHERIFF'S DATA WAREHOUSE AVERAGE. RESPONSE TIME REPORT COUNCIL/RDA MEETING DATE: October 21, 2003 ITEM TITLE: Public Hearing to Consider the Second Reading of Ordinance No. 389 for Development Agreement 2003- 007 for Centex Destination Properties for Landaq, Inc. RECOMMENDATION: Adopt Ordinance No. 389 on Second Reading. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Resort residential projects are required to pay transient occupancy taxes to the City of La Quinta pursuant to Chapter 3.24 of the Municipal Code. The Development Agreement, as introduced by Ordinance No. 389 for First Reading by the City Council on October 7, 2003, requires a developer one-time fee per unit of $2,500, an annual mitigation fee of $1,000 per unit, and Consumer Price Index adjustments. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On October 7, 2003, the City Council held a Public Hearing to consider a Development Agreement between Centex Destination Properties and the City of La Quinta that set a method to collect future Transient Occupancy and Sales taxes from resort/tourist commercial development as required by Specific Plan 2003-065. At this meeting, Council opened the Public Hearing and introduced the item for First Reading. A copy of the Minutes from the meeting is in the City Council packet. The City Council considered the following Development Agreement taxing features and measures: �n7 J t.;. 1. $2,500 per unit one-time mitigation fee; 2. $1,000 annual mitigation fee per unit until the project reaches certain thresholds; 3. Rental Tracking System; and 4. Retail Management Program. Site History On September 16, 2003, the City Council certified a Mitigated Negative Declaration (EA 2003-478) and approved a 280-unit resort residential development consisting of one- and two-story Spanish Colonial housing units ranging in size from 1,300 square feet to 2,090 square feet. One element of the development plan includes "lock -out" capabilities which allow the housing units to be divided into sections for rental purposes. Condition #14 of the Specific Plan requires the developer to comply with the following provisions: "The developer shall enter into a Development Agreement with the City of La Quinta for the payment of Transient Occupancy Tax ("TOT") for this development. This Agreement must be signed and recorded prior to issuance of any development permits (i.e., infrastructure, grading, building, etc.) being authorized. Centex, on one hand, and a Resort or Hotel within the City of La Quinta (collectively, "Resort/Hotel"), or Resort Country Club within the City of La Quinta, on the other hand, shall enter into one or more contracts which will allow the purchasers of residences within the boundaries of SP 2003-065 the opportunity to purchase golf club and/or social memberships. In addition, Centex and a Resort/Hotel, or the rental management company for the Resort/Hotel, shall enter into one or more contracts pursuant to which the purchasers of residential units within the boundaries of SP 2003-065 shall have the right to make their residential units available to the Resort/Hotel for the purpose of allowing the Resort/Hotel to rent and manage the same on behalf of such purchasers. Renters under such Resort/Hotel managed rental program shall have access to the Resort/Hotel facilities and amenities. A copy of the foregoing executed contracts shall be delivered to the Community Development Department before issuance of a building permit for a residential dwelling unit within the boundaries of SP 2003-065. The foregoing contract, or contracts for rental management services shall remain in effect for ten (10) years commencing with the date that the first Certificate of Occupancy is issued for a residence within the boundaries of SP 2003-065. Centex or its successor in interest may enter into replacement agreements with alternative Resort/Hotels within this ten (10) year period. The CC&R's for the residential project to be developed within the boundaries of SP 2003-065 (the "Project") shall restrict the rental of residential dwelling units therein to periods of 30 consecutive days or less. The residential dwelling units within the Project have been designed to facilitate short-term rental. Any material modification of the design or floor plan of a residential unit by the owner of such unit shall be restricted in the CC&R's for the project. The City, through its Community Development Director, shall have the final authority to approve or not approve the modification." Project Proposal The applicant is requesting that the City enter into a Development Agreement relative to the development guidelines outlined in Specific Plan 2003-065. The proposed Agreement would be in effect for 50 years and provide the following measures: 1. $2,500 per unit one-time mitigation fee; 2. $1,000 annual mitigation fee per unit until the project reaches certain thresholds; 3. Rental Tracking System; and 4. Retail Management Program. A copy of the proposed Agreement is attached for your review (Attachment 1). No changes have been made to the Agreement since the October 7, 2003 City Council meeting. Public Notice This request was advertised in the Desert Sun newspaper on October 10, 2003, for this City Council meeting, and mailed to all affected property owners and residents within 500 feet of the project site on September 31, 2003, as required by Section 9.200.110 of the Zoning Code and Government Code Sections 65090 and 65091. Public agency notices were mailed on September 31, 2003. No written comments have been received. Planning Commission Action On October 14, 2003, the Planning Commission adopted Resolution 2003-079, recommending to the City Council approval of the Development Agreement. A copy of the draft Minutes are attached (Attachment 2). v 3 ,,, 3 �. 4 FINDINGS AND ALTERNATIVES: Findings, as noted in the attached Ordinance, can be made that the proposed Development Agreement is consistent with the goals and policies of the City's General Plan and Zoning Code, subject to recordation of the final Agreement with the County of Riverside. The alternatives available to the City Council include: 1. Adopt Ordinance No. 389 on Second Reading; or 2. Do not approve Ordinance No. 389 of the City Council approving Development Agreement 2003-007; or 3. Provide staff with alternative direction. Respectfully submitted, d" ry H#rrfian C mmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Draft Development Agreement 2. October 14, 2003 Draft Planning Commission Minutes j 04 ��J ORDINANCE NO. 389 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2003-007 BY AND BETWEEN THE CITY OF LA QUINTA AND CENTEX DESTINATION PROPERTIES CASE NO.: DEVELOPMENT AGREEMENT 2003-007 APPLICANT: CENTEX DESTINATION PROPERTIES WHEREAS, the City Council of the City of La Quinta, California, did on the 7" day of October, 2003, hold a duly noticed Public Hearing for Centex Destination Properties, pursuant to Government Code Section 65864 et seq. and Section 9.50.030 of the Municipal Code, to consider a Development Agreement for a 280-unit resort residential development on 44.6 acres property located to the northwest of the intersection of Coachella Drive and Eisenhower Drive in Tourist Commercial and Open Space Zoning Districts, described as follows: Assessor's Parcel Numbers 658-130-003 to —005 Parcel 1 of Lot Line Adjustment 2001-361 Portion NE % of Section 36, T5S, R6E, SBBM WHEREAS, on September 16, 2003, the City Council certified a Mitigated Negative Declaration (EA 2003-478) and approved a 280 resort residential development consisting of housing units ranging in size from 1,300 square feet to 2,090 square feet, using Spanish Colonial architecture, by adoption of Resolutions 2003-89 through 2003-92. One element of the development plan is to include "lock -out" capabilities which would allow the housing units to be divided into sections for rental purposes. The resort units are one and two story high depending on the location within the development; and WHEREAS, the La Quinta Planning Commission is scheduled to review the Development Agreement on October 14, 2003, and a Report of Action will be filed with the City Council on October 21, 2003, before final consideration of this Ordinance; and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on September 26, 2003, for the October 7, 2003 City Council meeting, as prescribed by Section 9.200.110 of the Zoning Code and Government Code Sections 65090 and 65091. Public Hearing notices were also mailed to affected property owners and renters, and public agencies by Community Development Department on September 19 and 25, 2003. A second notice is scheduled to be published in Desert Sun newspaper on October 10, 2003, for the October 21, 2003 City Council meeting; and 05 �% J4.b Ordinance No. 389 Development Agreement 2003-007, Centex Destination Properties Adopted: October 21, 2003 Page 2 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings recommending approval of said Development Agreement: A. Consistency with the General Plan and Zoning Code: The proposed Development Agreement is consistent with the goals, policies and intent of the La Quinta General Plan and Municipal Code in that the existing entitlements (i.e., Specific Plan 2003-065, Tentative Tract Map 31379 and Site Development Permit 2003-778) will implement construction of one- and two-story resort residential units in the Tourist Commercial and Open Space land use areas. B. Public Welfare: Approval of this Development Agreement will not be detrimental to the public health, safety or general welfare of the community because development conditions are prescribed that are consistent with Specific Plan 2003-065, Site Development Permit 2003-778 and Tentative Tract Map 31379. C. Land Use Compatibility: Approval of this Development Agreement 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 growth. D. Property Suitability: The proposed Development Agreement insures infrastructure improvements will be installed on Eisenhower Drive to benefit residents and/or guest of the City of La Quinta via the implementation of Specific Plan 2003-065, Site Development Permit 2003-778 and Tentative Tract Map 31379. E. Revenue Consideration: Approval of the Development Agreement will provide a positive fiscal impact on the City by providing transient occupancy tax (TOT) revenue to the general fund for citywide services. Consideration of the Development Agreement 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 govern Development Agreements. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: Ordinance No. 389 Development Agreement 2003-007, Centex Destination Properties Adopted: October 21, 2003 Page 3 SECTION 1. PURPOSE. To establish operational standards for a private residential resort as required by the Conditions of Approval for Specific Plan 2003- 065 as contained in the attached Development Agreement (Exhibit "A") attached hereto and made a part hereof. SECTION 2. ENVIRONMENTAL. On September 16, 2003, the City Council certified a Mitigated Negative Declaration (Environmental Assessment 2003-478) for Specific Plan 2003-065, Tentative Tract Map 31379 and Site Development Permit 2003-778 by adoption of Resolution 2003-89. The adopted Mitigation Measures for the private resort will be implemented during on -site construction activities, therefore, the project will not have a significant adverse effect on the environment. No changed circumstances or conditions are proposed which would trigger the preparation of a subsequent Environmental Assessment pursuant to Public Resources Code Section 21166; and SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by Resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of October, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ►v 07 0. J� Ordinance No. 389 Development Agreement 2003-007, Centex Destination Properties Adopted: October 21, 2003 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 08 ;;3 Ordinance No. 389 Development Agreement 2003-007, Centex Destination Properties Adopted: October 21, 2003 Page 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. 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. 389 which was introduced at a regular meeting held on the 7tn day of October, 2003, and was adopted at a regular meeting held on the 21 st day of October, 2003, 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 a Resolution of the City Council. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California 30 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103) DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA ("CITY") AND CENTEX HOMES A NEVADA GENERAL PARTNERSHIP, DBA CENTEX DESTINATION PROPERTIES ("DEVELOPER") J.- -L0 119/015610-0002 431766.09 a10/16/03 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of the day of , 2003 ("Reference Date"), by and between the CITY OF LA QUR*4TA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California (the "City"), and CENTEX HOMES, a Nevada General Partnership, dba CENTEX DESTINATION PROPERTIES (the "Developer"), with reference to the following: RECITALS A. Government Code Sections 65864-65869.5 ("Development Agreement Act") authorize the City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property. B. Pursuant to Section 65865 of the Government Code, the City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing procedures and requirements for such development agreements ("Development Agreement Ordinance"). C. Prior to the execution of this Agreement, the City approved the Villa La Quinta Specific Plan 2003-065 ("Specific Plan") that provides comprehensive planning and development criteria for Villa La Quinta (the "Project"), a resort residential master planned community with 280 resort residential units ("Villas") and associated recreational facilities located on approximately 44.61 acres. The City has also approved Tentative Tract Map No. 31379, Environmental Assessment No. 2003-478, (the "Mitigated Negative Declaration"), and Site Development Permit 2003-778 for the Project. The Specific Plan, Tentative Tract Map, Mitigated Negative Declaration, and Site Development Permit are collectively referred to herein as "Development Plan". D. Developer owns the 44.61 acre parcel ("Site") which is legally described in Exhibit "A" attached hereto, and which is the subject of the Development Plan. E. Consistent with Section 9.250.030 of the La Quinta Municipal Code, City and Developer desire to enter into a binding agreement for purposes of (i) setting forth a per -unit up front payment schedule for the Developer's payment to the City of certain amounts that the parties agree are designed to compensate the City for (A) the potential loss of anticipated general fund revenues as a result of the use of the Site for a residential resort use rather than as traditional tourist commercial use, such as a "hotel" as that term is defined in Section 9.280.030 of the La Quinta Municipal Code ("Hotel"); (B) the uncompensated costs of potential additional public services that the Development Plan will generate, which costs would have been recovered if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (C) and the potential added wear and tear on the municipal infrastructure which will result from the Development Plan, the costs of which would have been compensated if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (ii) establishing an on -going obligation of the Project to pay the City certain amounts designed to compensate the City unless 119/015610-0002 $ 1 J 3 4 431766.09 a10/16/03 -2- and until the Villas within the Project generate specified levels of transient occupancy tax; and (iii) granting Developer a vested right to develop the Site according to the Development Plan. F. Among other purposes, this Agreement is intended to be, and shall be construed as, a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Development Plan, all as more particularly set forth herein. G. The City Council has determined that the Project and this Agreement are consistent with the City's General Plan and the Specific Plan, including the goals and objectives thereof. H. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. I. On , the City Council adopted its Ordinance No. approving this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1.0 GENERAL. 1.1 Term. The term of this Agreement (the "Term") shall commence on the Effective Date hereof and shall continue for fifty (50) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto after the satisfaction of all applicable public hearing and related procedural requirements. 1.2 Effective Date. This Agreement shall be effective, and the obligations of the parties hereunder shall be effective, as of , which is the date that Ordinance No. takes effect ("Effective Date"). J J J 119/015610-0002 ? 12 431766.09 a10/16/03 _3_ 1.3 Amendment or Cancellation. Except as expressly stated to the contrary herein, this Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Section 65867-65868 and the City's Development Agreement Ordinance. 1.4 Termination. Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Development Plan, as defined in Section 2.1, below. 2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF THE PROJECT. 2.1 Right to Develop. Subject to the terms, conditions, and covenants of this Agreement, Developer's right to develop the Project in accordance with the Development Plan (and subject to the conditions of approval thereof (the "Conditions of Approval") which, among other conditions of approval associated with future approvals and permits issued by the City, include but are not limited to the conditions of approval set forth in Exhibit `B" attached hereto) shall be deemed vested upon execution of this Agreement, which vesting shall expire upon the earlier of the following occurrences: (a) termination of this Agreement; (b) an uncured material default by Developer of this Agreement; or (c) as to a particular phase, parcel, or lot comprising a portion of the Site, the earlier of the final approved City inspection of the completed development on such phase, parcel, or lot, or the issuance by the City of a certificate of occupancy for such phase, parcel, or lot. Except for the expiration set forth in clause (a) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate the obligations of Developer under this Agreement. Notwithstanding anything in this Agreement to the contrary, the Project shall remain subject to the following, to the same extent it would without this Agreement: (i) all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees existing on the Effective Date of this Agreement (collectively, the "Existing Development Regulations"); (ii) all amendments or modifications to Existing Development Regulations after the Effective Date of this Agreement and all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees enacted or adopted after the Effective Date of this Agreement (collectively, "New Laws"), except such New Laws which would prevent or materially impair Developer's ability to develop the Project in accordance with the Development Plan, unless such New Laws are (A) adopted by the City on a City wide -basis and applied to the Site in a non-discriminatory manner, (B) required by a non -City entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non -City law or regulation would cause the City to sustain a loss of funds or loss of access to funding or other 119/015610-0002 _4_ 431766.09 a10/16/03 resources), or (C) New Laws the City reserves the right to apply under this Agreement, including, but not limited to, Sections 2.2 and 3.3.5; (iii) all subsequent development approvals and the conditions of approval associated therewith, including but not limited to any further site development permits, tract maps, and building permits; (iv) the payment of all fees or exactions in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable; and (v) the reservation or dedication of land for public purposes or payment of fees in lieu thereof as required at the time such reservations or dedications or payments in lieu are required under applicable law to be made or paid. 2.2 Additional Applicable Codes and Regulations. Notwithstanding any other provision of this Agreement, the City also reserves the right to apply the following to the development of the Project: 2.2.1 Building, electrical, mechanical, fire and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal Code, as existing on the Effective Date of this Agreement or as may be enacted or amended thereafter, applied to the Project in a nondiscriminatory manner. 2.2.2 In the event of fire or other casualty requiring construction of more than fifty (50%) percent of any building previously constructed hereunder, nothing herein shall prevent the City from applying to such reconstruction, all requirements of the City's Building, Electrical, Mechanical, and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal Code, solely to the extent applicable to all development projects in the City. 2.2.3 This Agreement shall not prevent the City from establishing any new City fees on a City-wide basis and applied to Site in a non-discriminatory manner, including new development impact fees, or increasing any existing City fees, including existing development impact fees, and to apply such new or increased fees to the Project or applicable portion thereof where such new or increased fees may be charged. 2.3 Permitted Density, Height and Use Limitations. The permitted uses, density and intensity of use, location of uses, maximum height and size of proposed buildings, minimum setbacks, and other standards applicable to the Project shall be those set forth in the Development Plan and this Agreement, whichever is the strictest. 119/015610-0002 1 4' 431766.09 a10/16/03 —5— 3.0 DEVELOPER'S OBLIGATIONS. 3.1 Conditions of Approval. The Developer shall comply with the Conditions of Approval attached hereto as Exhibit "B" which include and incorporate the mitigation measures of the Mitigated Negative Declaration so that significant environmental effects will be mitigated or avoided. The Developer shall also comply with the mitigation monitoring program set forth in Exhibit "C" attached hereto (the "Mitigation Monitoring Program"). Developer acknowledges that additional conditions of approval beyond those set forth in Exhibit "B" may be applicable to the Project if and as associated with future Project approvals. 3.2 Covenants. Conditions and Restrictions. 3.2.1 Recordation of Covenants. Conditions and Restrictions and Establish- ment of Villa La Ouinta Homeowners Association. Prior to, and as a condition of, the City's issuance of any building permit for the residential units, the Developer shall submit to the City, obtain approval thereof, and record, covenants, conditions and restrictions (the "CCRs") against the Site which, in addition to the obligations set forth in the Conditions of Approval, shall (i) establish a homeowner's association for the Project (the "Villa La Quinta HOA"); (ii) provide for the Villa La Quinta HOA's payment of the fees described in Section 3.3.3; and (iii) provide for the Villa La Quinta HOA's operation of a Rental Tracking System, as described in Section 3.3.5. If the City fails to approve, deny or comment with regard to the CCRs within fifteen (15) days of submission by Developer to the City, the CCRs shall be deemed approved. The City shall not unreasonably deny approval of the CCRs. As to the provisions of the CCRs implementing this Agreement, the City shall be provided adequate enforcement rights. No modification of those portions of the CCRs implementing the provisions of this Agreement shall be permitted unless the City provides its written consent. If the California Department of Real Estate ("DRE") refuses to approve the CCRs in the form approved by the City, and the Developer has used all reasonable efforts to obtain the approval, the City and the Developer shall negotiate in good faith to develop equivalent protection of the City's interests in this Agreement. Such equivalent protections shall be subject to the approval of both the City and the Developer. Agreement upon the equivalent protection shall be necessary in order for the issuance of any building permit for the residential units. 3.3 Payments to City by HOA and Developer. 3.3.1 General. During the Term of this Agreement, Developer or the Villa La Quinta HOA, as applicable, shall make the payments to City described in this Section 3.3. The payments under this Section 3.3 are not the exclusive development impact fees for the Project, and nothing in this Section 3.3 shall be construed as a limitation on the right of the City to impose, levy, or assess the Site other development fees as permitted by applicable law and this Agreement. 119/015610-0002 15 r) 431766.09 a10/16/+03 _6_ J v 3.3.2 Developer's Payments of One -Time Mitigation Fees. Developer shall pay or cause to be paid to the City, for each of the 280 resort residential units in the Project, with such payment due on or before the date the building permit for each such unit, the sum of Two Thousand Five Hundred Dollars ($2,500.00). 3.3.3 Villa La Ouinta Annual Mitigation Fee; Termination. During the term of this Agreement, on each July 1st following the Effective Date ("Annual Mitigation Payment Date"), the Villa La Quinta HOA shall pay to the City an annual mitigation fee ("Villa La Quinta Annual Mitigation Fee") covering the annual period of the prior July 1 through the June 30 occurring immediately preceding the Annual Mitigation Payment Date (the "Operative Year") (provided, however, the first Operative Year shall commence on the Effective Date of this Agreement and end on the next occurring June 30). The Villa La Quinta Annual Mitigation Fee shall be the collective sum of One Thousand Dollars ($1,000) for each of the resort residential units ("Villa La Quinta Unit Fee") in the Project that has been sold to a third party purchaser, as evidenced by a recorded deed for such unit, prior to the applicable Annual Mitigation Payment Date, regardless of when or in which Operative Year the unit was sold. Notwithstanding the paragraph above, if the City has received transient occupancy tax ("TOT") for rentals from Villa La Quinta in excess of Five Hundred Thousand Dollars ($500,000) ("Level 1 TOT Goal") for three consecutive Operative Years during the term of this Agreement, the Villa La Quinta Annual Mitigation Fee for the next Operative Year shall be reduced from One Thousand Dollars ($1,000) per unit in the Project to Five Hundred Dollars ($500) per unit in the Project. If the City has received TOT for rentals from Villa La Quinta in excess of One Million Dollars ($1,000,000) ("Level 2 TOT Goal") for any three consecutive Operative Years during the term of this Agreement, then the Villa La Quinta HOA's obligation to pay the Villa La Quinta Annual Mitigation Fee for any Operative Years thereafter shall terminate and shall be of no further force and effect. All rentals of Villas shall remain subject to the City's TOT requirements. The CCRs for the Project shall provide for the assessment and collection of the Villa La Quinta Annual Mitigation Fee and shall provide for and adequately ensure the collection and payment thereof. As to the collection and payment of the Villa La Quinta Annual Mitigation Fee, the CCRs shall provide the City with enforcement rights against both the Villa La Quinta HOA and the owners. The City shall be provided with the same rights of collection as the Villa La Quinta Annual Mitigation Fee that the Villa La Quinta HOA shall have for the collection of other fees and assessments. However, the Villa La Quinta HOA shall have the obligation for collection and payment of the Villa La Quinta Annual Mitigation Fee. In any action by the City to collect the Villa La Quinta Annual Mitigation Fee, the City shall, in addition to the fee, be entitled to collect all of its costs, expenses, and attorneys' fees in enforcing its rights. 3.3.4 Consumer Price Index Adjustments. The Villa La Quinta Unit Fee, the Level 1 TOT Goal, and the Level 2 TOT Goal shall be adjusted annually, on each May Vt during the term of this Agreement, by the increase 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 119/015610-0002 �. 16 431766.09 a10/16/03 —7— v Labor, Bureau of Labor Statistics (the "CPI"), by comparing the CPI existing on the immediately prior March 1" to the CPI existing on the March 1" of the previous year. The first such adjustment shall occur on the first May 1" following on the earlier of the following two dates: (i) the closing of the first sale of a residential unit; or (ii) the two-year anniversary of the Reference Date. 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 Agreement, a comparable index shall be selected by the parties. 3.3.5 Other Fees and Charges. Nothing set forth in this Agreement is intended or shall be construed to limit or restrict the City's authority to impose its existing, or any new or increased, fees, charges, levies, or assessments for the development of the Site, or to impose or increase, subject to the required procedure, any taxes applicable to the Site including but not limited to transient occupancy taxes; provided nothing set forth herein is intended or shall be construed to limit or restrict whatever right Developer might otherwise have to challenge any fee, charge, levy, assessment, or tax imposed. Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code § § 65995, et seq. 3.3.6 Rental Tracking System. The CCRs shall provide that the Villa La Quinta HOA will establish and operate throughout the term of this Agreement a Rental Tracking system (the "Rental Tracking System") to be administered by the Villa La Quinta HOA or its agents or contractors. The Villa La Quinta HOA shall be required to designate and notify the City of the Rental Tracking System administer. The CCRs shall require each owner (or such owner's agent) within the Project to report any rental of such owner's unit to the Rental Tracking System administrator if such unit is not rented through the Rental Tracking System. The CCRs shall require that the owners shall be responsible for reporting to the Rental Tracking System administrator the following information for all rentals of all units within the Project: (a) unit rented; (b) the term of the rental, including the first and last day; (c) the rental payment; (d) the rental agent, if any; and (e) the name of the renter. The Rental Tracking System administrator shall use all reasonable diligence to assure that all such information is collected. The Rental Tracking System administrator shall provide monthly written reports summarizing the information collected pursuant to (a) through (d), inclusive, as an aid to the City in assuring that the proper collection of applicable TOT is occurring. The City shall have the right to audit the records of the Rental Tracking System administrator upon two business days written notice to the same. The Developer or Villa La Quinta HOA shall notify the City of the name and contact information of the Rental Tracking System administrator on or before the date that the first certificate of occupancy is issued for any of the residential resorts units. It shall be the obligation of the Villa La Quinta HOA to notify the City of any redesignation of the Rental Tracking System administrator. On an annual basis, the Rental Tracking System administrator shall provide an information brochure to all owners of units describing: (1) the limitation on renting units for more than 30 consecutive days; (2) the obligation to collect TOT on all rentals; (3) the obligation in the CCRs that owners or their agents report all rentals to the Rental Tracking System administrator; and (4) contact information for the Rental Tracking System administrator and the entity or entities rental management 119/015610-0002 -g- l 17 �y ^� r, 431766.09 a10/16/03 opportunities that are known to be available to the owners pursuant to Section 3.3.7. The City Community Development Director shall approve the brochure prior to its distribution. The City's approval of the brochure will not be unreasonably withheld. 3.3.7 Rental Management Program Developer shall be responsible for ensuring that for the Term of this Agreement, one or more contract(s) shall be in effect at all times which provide opportunities to the owners of the resort residential units to have the ability to make their units available for rental periods of up to 30 consecutive days. The contract or contracts may, but are not required to be, with an on -site rental management agent. Developer may assign this obligation to the Villa La Quinta HOA in accordance with the procedures of Section 3.3.8. 3.3.8 Assumption of Obligation by Villa La Quinta HOA. Upon the recordation of the CCRs and the execution and recordation of an assumption and assignment agreement, the obligations set forth in Section 3.3.3, 3.3.4, 3.3.6 and 3.3.7 shall be the obligation of the Villa La Quinta HOA and the Developer shall no longer be responsible for their implementation. The assumption and assignment agreement shall be in the form set forth in Exhibit "D". 3.4 Dedications and Improvements. Developer shall offer such dedications to the City or other applicable public agency, or complete those public improvements in connection with the Project, as specified in the Conditions of Approval. 3.5 Indemnification. (a) Developer agrees to and shall indemnify, hold harmless, and defend, the City and its officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of the Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or this Agreement, except to the extent that the liability or claims arise from the City's negligence or willful misconduct. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not any insurance policies are applicable. (b) Developer agrees to and shall indemnify, hold harmless, and defend, the Indemnified Parties from any challenge to the validity of this Agreement, the CCRs implementing this Agreement, or to the City's implementation of its rights under this Agreement; the Developer shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City. (c) In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving claims specified in paragraphs (a) or (b) 119/015610-0002 18 � u 431766.09 a10/16/03 above, Developer shall provide a defense to the Indemnified Parties, or at the Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense, including attorney's fees, incurred in defense of such claim. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. The City shall, at no cost to the City, cooperate with the Developer in any such defense as Developer may reasonably request. 4.0 CITY'S OBLIGATIONS & ACKNOWLEDGEMENTS. 4.1 Scope of Subsequent Review/Confirmation of Compliance Process. Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law, pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of City's Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes. Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate ("Certificate"), in substantially the same form as that attached hereto as Exhibit "E", which shall describe how all applicable Conditions of Approval have been fully complied with. The Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Certificate. 4.2 Project Approvals Independent. All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued, by the City with respect to the Project, constitute independent actions and approvals by the City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of Approval. It is understood by the parties to this Agreement that, pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the term of such approvals and entitlements. 4.3 Review for Compliance. The City shall review Developer's compliance with the terms of this Agreement at least once during every twelve (12) month period following the Effective Date of this Agreement, in accordance with the City's procedures and standards for such review set forth in the City's Development Agreement Ordinance. During such periodic review by the City, the Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The failure of the City to conduct or complete the annual review as provided herein or in accordance with the Development Agreement Act shall not impact the validity of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this 119/015610-0002 _ 10- 1 W e. 431766.09 a10/16ro3.10 Agreement, the City, through the City's Community Development Director, shall, at Developer's written request, issue a Certificate of Compliance to Developer stating that (1) this Agreement remains in full force and effect and (2) Developer is in compliance with this Agreement. The Certificate of Compliance shall be in recordable form, and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer, at its option and sole cost, may record the Certificate of Compliance. 4.4 Satisfaction of Specific Plan Condition. The City hereby acknowledges and agrees that full compliance with this Agreement, among other things, will constitute Developer's satisfaction and compliance with those portions of condition 14 of the conditions of approval for the Specific Plan approved by the City which relate to Developer's obligation to enter into (i) a development agreement for the payment of TOT and (ii) one or more rental management service contracts with a Resort/Hotel or rental management company for such Resort/Hotel (as such terms are defined in said condition), to maintain such contracts in effect for a period of ten (10) years, and to provide copies of such contracts to the Community Development Department. 5.0 DEFAULT; REMEDIES; DISPUTE RESOLUTION. 5.1 Notice of Default. In the event of failure by either party hereto substantially to perform any material term or provision of this Agreement, the non -defaulting party shall have those rights and remedies provided herein, provided that such non -defaulting party has first provided to the defaulting party a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 5.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than five (5) days [or thirty (30) days for non -monetary defaults] after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within five (5) days [or thirty (30) days for non -monetary defaults], such party shall commence to cure, correct, or remedy such default within such five (5) day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure, correction or remedy to completion. 5.3 City Remedies. In the event of an uncured default by Developer of the terms of this Agreement, the City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement. In no event shall the City be entitled to consequential, exemplary or punitive damages for any Developer default. For purposes of this Agreement the term "consequential damages" shall include, but not be limited to, potential loss of anticipated tax revenues from the Project or any 119/015610-0002 -11- ; 20 �l I 431766.09 a10/16/03 portion thereof. Furthermore, the City, in addition to, or as an alternative to, exercising the remedies set forth in this Section 5.3, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to the City's Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City's Development Agreement Ordinance or the Development Agreement Act. 5.4 Developer's Exclusive Remedies. The parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not limited to, the Development Plan, Conditions of Approvals, the Existing Development Regulations or any future amendments or enactments thereto, or the Project, except as provided in this Section. Accordingly, Developer covenants on behalf of itself and its successors and assigns, not to sue the City for damages or monetary relief (except for attorneys' fees as provided for by Section 8.22) for any breach of this Agreement by City or arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Development Plan, the Conditions of Approval, the Existing Development Regulations or any future amendments or enactments thereto, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or use of a parcel or any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer's sole and exclusive judicial remedies. 6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE. 6.1 Encumbrances on the Project Site. This Agreement shall not prevent or limit the Developer from encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a "Mortgage") securing financing with respect to the construction, development, use or operation of the Project. 6.2 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement. 119/015610-0002 21 '7 431766.09 a10/16/03 -12- 4W 6.3 Mortgagee Not Obligated. No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder. 6.4 Notice of Default to Mortgagee-, of Mortgagee to Cure. City shall, upon written request to the City, deliver to each Mortgagee a copy of any notice of default given to Developer under the terms of this Agreement, at the same time of sending such notice of default to Developer. The Mortgagee shall have the right, but not the obligation, within five (5) days [or thirty (30) days for non -monetary defaults] after the receipt of such notice from the City, to cure, correct, or remedy the default, or, for such defaults that cannot reasonably be cured, corrected, or remedied within five (5) days [thirty (30) days for non - monetary defaults], the Mortgagee shall commence to cure, correct, or remedy the default within such five (5) day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure to completion. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession of the Site, such Mortgagee shall have the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within such time as is reasonably necessary to cure or remedy said default but in no event more than thirty (30) days after obtaining possession. If any such default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or remedy during such thirty (30) day period, and thereafter diligently pursues and completes such cure. 7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT. 7.1 Successors and Assigns. Developer shall have the right to sell, transfer or assign Site, or any portion thereof (provided that no such transfer shall violate the Subdivision Map Act, Government Code §66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement. Any such sale or transfer shall include, with respect to the Site or the portion thereof sold or transferred, the assignment and assumption, in a fully executed written agreement, in whole or in part, of the rights, duties and obligations of the Developer under the terms of this Agreement. Upon such sale, transfer or assignment, Developer shall, with respect to the Site or the portion thereof sold or transferred, be released from any further obligations under the terms of this Agreement, provided: (a) Developer no longer has any legal or equitable interest in the Site or the portion thereof sold or transferred, as applicable; (b) Developer is not, at the time of the transfer, in default under the terms of this Agreement; and 22 119/015610-0002 343 431766.09 a10/16/03 -13- (c) Developer has submitted an executed assignment and assumption agreement in a form set forth in Exhibit F. 7.2 Sales in Normal Course of Business. The provisions of the above Section shall not apply to the sale or lease of a residential dwelling unit which has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user. Upon any such sale or lease, the residential dwelling unit shall be released from the rights, duties and obligations of the Developer under this Agreement, except for all obligations which extend to the individual units under the OCRs provisions which implement this Agreement. This release shall in no way limit the duties and obligations of the Developer or the Villa La Quinta HOA. 7.3 Assignment by City. The City may assign or transfer any of its rights or obligations under this Agreement with the approval of the Developer, which approval shall not be unreasonably withheld. 8.0 MISCELLANEOUS. 8.1 Notices. All notices permitted or required hereunder must be in writing and shall be effected by (i) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (iil) reputable same -day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following parties, or to such other address as any party may from time to time, designate in writing in the manner as provided herein: To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: Community Development Director With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: M. Katherine Jenson To Developer: Mr. Steve Mudge Centex Real Estate Corporation 2275 Corporate Circle, Suite 230 Henderson, NV 89074 Telephone: (702) 990-0800 Facsimile: (702) 990-0400 119/015610-0002 431766.09 a10/16/03 -14- 23 344 With a copies to: BEST BEST & KRIEGER LLP Attn: Daniel E. Olivier, Esq. 74-760 Highway 111, Ste. 200 Indian Wells, CA 92210 Telephone: (760) 568-2611 Facsimile: (760) 340-6698 Edward G. Milgrim 385 Douglas Avenue, Suite 3100 Almonte Springs, FL 32714 Telephone: (407) 661-2103 Facsimile: (407) 661-9041 Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 8.2 Force Majeure. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, governmental restrictions imposed or mandated by other governmental entities, governmental restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another party, acts or the failure to act of any public or governmental agency, or entity (except that acts or the failure to act of the City shall not excuse performance by the City) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the City and the Developer. Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Site, or because of economic or market conditions. 8.3 BindingEffect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, whether or not any reference to 119/015610-0002 -15- �•► `# 431766.09 a10/16/03 this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Site. 8.4 Independent Entity. The parties acknowledge that, in entering into and performing this Agreement, each of the Developer and the City is acting as an independent entity and not as an agent of the other in any respect. 8.5 Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the parties, and no other person shall be. deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement, nor be deemed to be a third party beneficiary under this Agreement. Notwithstanding the immediately preceding sentence, the Agency shall be an intended third party beneficiary to this Agreement. 8.6 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and the burdens and benefits hereof shall bind and inure to the benefit of each of the parties hereto and all successors in interest to the parties hereto for the term of this Agreement. 8.7 Nonliability of City Officers and Employes. No official, officer, employee, agent or representative of the City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any act or omission on the part of the City. 8.8 Covenant Aizainst Discrimination. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. H 12101, et seq.). 8.9 Amendment of Agreement. This Agreement may be amended from time to time by mutual consent of the original parties or such party to which the Developer assigns all or any portion of its interest in this Agreement, in accordance with the provisions of the City's Development Agreement Ordinance and Government Code Sections 65867 and 65868. I 25 119/015610-0002 rl -16- 431766.09 a10/16/03 a S 8.10 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either party of any of the covenants or conditions to be performed by the other party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof. 8.11 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the parties. 8.12 Cooperation in Carrying Out Agreement. Each party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. 8.13 Estoppel Certificate. Any party hereunder may, at any time, deliver written notice to any other party requesting such party to certify in writing that, to the best knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable information requested. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt of such written request. The City Manager, Assistant City Manager, and Community Development Director are each authorized to sign and deliver an estoppel certificate on behalf of the City. The City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 8.14 Construction. This terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa. 119/015610-0002 1 431766.09 a10/16/03 -17- 8.15 Recordation. This Agreement shall be recorded with the County Recorder of Riverside County at Developer's cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the parties, and any cancellation or termination of this Agreement, shall be similarly recorded. 8.16 Captions and References. The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement. 8.17 Time. Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element. 8.18 Recitals & Exhibits Incorporated; Entire Agreement. The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 8.19 Exhibits. Exhibits "A" — "F" to which reference is made in this Agreement are deemed appropriated herein in their entirety. Said exhibits are identified as follows: A Legal Description of Site B Conditions of Approval C Mitigation Monitoring Program D Assignment and Assumption Agreement for HOA E Compliance Certificate F General Assignment and Assumption Agreement 8.20 Counterpart Signature Pages. For convenience the parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. 119/015610-0002 _ 18 _ ' •[. 431766.09 a10/16/03 8.21 Authority to Execute. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its obligations set forth in this Agreement. 8.22 Governing Law, Litigation Matters. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by any party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in said county, and the parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event of any action between the parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing party in such litigation shall be awarded, in addition to such relief to which such party is entitled, its reasonable attorney's fees, expert witness fees, and litigation costs and expenses. 8.23 No Brokers. Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker's fees, or finder's fees which may accrue by means of this Agreement, and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations. [SIGNATURE PAGE FOLLOWS] Wei 119/015610-0002 431766.09a10/16/03 —19— (r �7 IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as of the Reference Date. "DEVELOPER" CENTEX HOMES, a Nevada General Partnership, dba CENTEX DESTINATION PROPERTIES By Centex Real Estate Corporation A Nevada Corporation, Managing Partner LIM Stephen Mudge, Division President "CITY" CITY OF LA QUINTA, a California municipal corporation M ATTEST: June Greek City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney Thomas P. Genovese City Manager i v 29 119/015610-0002 _20_ i 431766.09 a10/16/03 j 1) STATE OF CALIFORNIA ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 119/015610-0002 -21- ' 30351 431766.09 a10/16/03 EXHIBIT "A" LEGAL DESCRIPTION OF SITE That certain real property located in the City of La Quinta, County of Riverside, State of California, described as follows: Parcel 1 of Lot Line Adjustment No. 2001-361, recorded on October 23, 2001 as Document No. 2001-515074. S v 31. 119/015610-0002 431766.09 a10/16/03 -22- ` v EXHIBIT 'B" CONDITIONS OF APPROVAL f� 32 119ro1s610-o002 -23- 3 `' I 431766.09 a10/16/03 v CITY COUNCIL RESOLUTION 2003480 r--- CONDITIONS OF APPROVAL — FINAL SPECIFIC PLAN 2003-W5, CENTER SEPTEMBER 16, 2003 1. The applicant/property owner agrees to defend, Indomrdfy, and hold harmless the City of La Quints (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set * aside, void, or annul the approval of this application - and any other challenge pertaining to this project. This indemnification shall include any award toward attorneys fees. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully In the defense. 2. Minor changes, as* determined by the Community Development Director to be consistent with the intent and purpose of the Specific Plan, may be approved. Examples include modifications to landscaping materials and/or design, parking and circulation arrangements not involving reductions in required standards beyond those Identified in the Specific Plan, or other revisions necessary due to . changes in technical plan aspects such as drainage, street Improvements, grading, etc. Such changes may be approved on a staff -level basis and shall not constitute a requirement to amend the Specific Plan. Consideration for any modifications shall be requested in* writing to the Director and submitted with appropriate graphic and/or textual documentation in order to make a determination on the request. 3. All plant materials within the perimeter retention basins shall be safe for consumption by the Peninsular bighorn sheep as .required by the Department of Fish and Game. The use of oleander shrubs is not permitted. 4. The developer shall comply with all applicable conditions of Tentative Tract Map 31378, Site Development Permit 2003-778 and Mitigation Measures for EA 2003-478. 5. Final conditions will be addressed when plans are reviewed. A plan check fee must be paid to the Fire Department . at the time construction plans are submitted. For additional assistance, please contact the Fire Department Planning & Engineering staff at 1760) 863-8888. 33 JJ CKY Cound RMokdlen 2003-90 Cenddww of Approval - F&W spedit Mm 2003-065. ewmx AdWW& UPW dbe 16. 2003 h"s2 6. Toe of slope grading activities shall be In compliance with the proposed grading plan, unless otherwise approved by the City Engineer during plan check consideration. 7. Prior to issuance of a grading permit or map recordation, the final Conditions of Approval shall be incorporated in the Final Specific Plan document. Applicant shall work with staff to correct internal document inconsistencies prior to final publication of Specific Plan document. A minimum of seven copies of the final document shall be submitted to the Community Development Department. 8. The City Engineer shall approve the width of private streets and on -street parking areas during plan check review of Tentative Tract Map 31379. 9. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 10. Parking Jot light fixtures for the clubhouse facilities shall be fully shielded and may not exceed an overall height of 10'-0" as measured from adjacent paved surfaces. All other open parking and greenbelt areas shall be fit with bollard light fixtures not exceeding 60-inches tall and 75 watts. Under -canopy lighting is permitted for carport structures. 11. A permit from the Community Development Department is required for any temporary or permanent signs, subject to the provisions of Chapter 9.1 S0 of the Zoning Code. The permanent identification sign for the project on Eisenhower Drive shall be limited to a maximum size of 24 square feet (double sized) and not exceed six feet in height. Accessory signs within the development shall not exceed 12 square feet. Accessory signs may be posted on wails, buildings or freestanding poles not exceeding eight feet in overall height. Internally illuminated signs are not allowed except for use within the clubhouse building. 12. The minimum parking ratio for the project is 2.25 for townhouses, 1.0/bedroom for resort units, and 1.0/300 square feet for clubhouse buildings. The final parking design and number of spaces shall be determined during plan check consideration, subject to final approval by the Community Development Department. Each resort residential unit shall have a designated garage or carport parking space. 34 my cm" fted was 200340 COof Appmo 1 — Plod l -' f/MNIs PhM 200S.0 O. Cat j SIP! -ter 1i. == 13. • Timeshare units shall require review consideration by the Planning Commission under a Conditional Use Permit application. 14. The developer shall. enter into a Development Agreement with the City of La auinta for the payment of Transient Occupancy Tax ("TOT") for this development. This Agreement must be signed and recorded prior to Issuance of any development permits (i.e., infrastructure, grading, building, etc.) being authorized. Centex, on one hand, and a Resort or RAW within the City of La Quints (coilettiveely, 'ResorMotel) or Resort Country Club whin the City of La Quinta, on the other hand; shall enter Into one or more oontracta which will aaNeow the purchasers of • residences within the boundaries of SP 2003-065 the opportunity to purchase golf dub and/or social memberships. In addition, Centex and the ResorUHotel, or the rental management company for the Resort/Hotel, shall enter Into one or more contrapursuant to which the purchasers of residential units within the boundaries of SP 20034065 shall have the right to make their residential units available to the ResortMotel for the purpose of allowing the Resort/Hotel to rent and manage the same on behalf of such purchasers. Renters r`- under such Resortlliotel managed rental program shall have access to the Resort/Hotel facilities- and amenities. A copy of the contracts • meeting the -requirements of this condition shall be delivered to the Community Development Department before issuance of any building permits for a residential dwelling within the boundaries of SP 2003-M6. The foregoing contract or conntisds for rental management services shall remain in effect for a minimum of ten (10) years commencing with the date that the first oerOficate of occupancy is Issued for a residence within the boundaries of SP 2003-065. Centex or its sucoeasor in interest may enter into repot agreements with ahelIUdwe Resort/Hotels within this ion (10) year period. r-- The CC&Rs for the residential project to be developed within the boundaries of SP 2003-085 (the "Project") shall restrict the rental of residential dwelling units therein to periods of 30 consecutive days or. less. The residential dwelling units within the Project have been designed to facilitate short-term rental. Any material modification of the design or floor plan of a residential unit by the owner of such unit shall be restricted in the CC&Rs for the project. The City, through its community development director, shall have the final authority to approve or not approve the modification. 35 .� J City Coanoi lleaoluron 2003410 CWMMft s .f App eval - Find apucift plan W03461L CMUK Adopad: saptcm0ar IS. 2002 'ioo 4 15. The following permitted land use activities shall be eliminated from the Specific Plan booklet: Plannina Area I PA II PA III PA IV Recce Recreation (tennis dub Sam(_ (library Reeroaon (tennis dub (tennis dub and and live entertainment) and museums) and health clubs, and live Semi -Public (library live entertainment) entertainment) and museums) SMI•Pu,,, blic (library, Semi -Public Tempgrary museums and (library and (construction facilities) pools/spas) museums) OfficaMeelth Services Acce`rv_ (parking Te�ry ems, iningt Drinklm facilities) (outdoor events and Entertainmgnt TemQwary (outdoor along the events) perimeter of the development) and Djnlng. Drinking. 16. Chapter 3.6 (Site Development Permits) of the Specific Plan document shall be amended to only include the last paragraph of Section 3.6.3 which states: 'Procedures for review of Site Development Permits shall be in accordance with the provisions of Chapter 9.210 DEVELOPMENT REVIEW PERMITS of the La auinta Municipal Code.' 17. Large outdoor events for residents and guests shall be confined to the proposed clubhouse facilities. A Temporary Use Permit application is required when events exceed 800 people. Fireworks shows (Le., ground displays only) are not allowed, unless written permission Is obtained from the Fire Marshal, Department of Fish and Game, and City of La Quints. 18. Clubhouse expansion projects greater than 5,000 square feet in size shall be reviewed and approved by the Planning Commission. 19. An eight -foot high masonry wall may be built along the east property line, subject to approval from the property owner of Tract 29436. Project entry gates and wall pilasters may not exceed an overall height of 9'-0'. 20. A minimum five -stall bicycle rack shall be installed at the clubhouse. 21. No more than 280 residential units shall be built on the ".6-acre site. 22. Detached casitas or guesthouse units are not permitted within the boundaries of the project. 36 csmftz S"ftmbw If. 500 23. Residential buildings and carports structures within Planning Area II shall not exceed 19 feet and -10 feet in overall height, respectively. 24. A temporary off4 to sales facility Is permitted to be established to the south of the project prior to the issuance of a grading permit, subject to approval -of the Minor Use Permit by the Community Development Department. 26. Zoning Code requirements of Suction 9.80.320 (Resort Residential) shall be met unless otherwise prescribed by the Specific Plan docurnent. The minimum rear yard setback for Planning Areas I and 11 shall be five feet. Community pool buildings within' Planning Areas I and 11 shall be limited in overall height to 20 feet. 26. No .commercial communication facilities are permitted within Planning Areas I through IV. Residential dwellings shall be limited to a single one meter diameter wall -mounted satellite dish for television and Internet needs. 27. Rental units shall not be less in size than 420 square feet. The minimum ` house size is 1,300 square feet. 28. Bullet #3 under Section 3.5.1(A) shall be deleted and replaced with the following statement: "All substantial architectural changes shall be reviewed and approved by the Architecture and Landscaping Review Committee (ALRC) and Planning Commission." 3'7 -- -CITY COUNCIL RESOLUTION Zoo3.Nl CONDITIONS OF APPROVAL - FINAL TENTATIVE TRACT MAP 31379, CENTEX SEP I EMBER 16. 2003 i . The applicant agrees to defend, indemnify and hold harmless the City of La Quints (,*City"),, its agents, officers *and ernpioyees 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 3 586410 through 88499.58 (the "Subdivision Map Act'), and Chapter 13 of the La Quints Municipal Code ("LONIC'). The City of La Quints's Municipal Code can be accessed on the City's Web Site at www.i"uinta.org. 39. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shalt 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 (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (llD) • California Water Quality Control Board (CWQCB) • SunUne 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. 38 �.. V Reedudon Nate 2003-Ml C.OII -r n - w of Approvi - ftW Ta"I" Traoc Mop 31379. Centex Aaopaa: a.p,.inbor W zoos Pqp_ 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 at 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 five (5) acres or more of land, or that disturbs less than five (6) acres .of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). 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. F. The approved SWPPP and 6MPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. The map shall be recorded within two years, unless an extension is granted pursuant to the requirements of Subdivision Ordinance. 39 J6 a �. �Iloe #*L 20CW"I of AE I - Rw{ r Taw ThW NIP 31379, Coax iom --Am If. 2002 6. Prior to issuance of any pern *(s), the applicant shall acquire or confer caseI ents 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 rigl"f- ways In conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the . Clty Engineer, 8. The public street right-of-way offers for dedication required for this development include: r-- A. PUBLIC STREETS I 1) Eisenhower Drive (Primary Arterial, Option B 100' ROW) — 50- foot from the centerline of the existing raised median. 2) Additional right of way dedication as needed to implement the realignment of the northwestwiy half of the Eisenhower Drive and other improvements as described in Condition No. 55(A). The applicant shall make a good faith effort to acquire said additional right of way dedication from the property owner to the south, KSL Development Corporation. If the applicant is unable to acquire the needed right if way, the applicant shall request the City Council to consider acquiring the right of way via eminent domain at the applicant's expense. 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. Private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS �. 4 0 6 :1 Reedudon No. '2000.091 Condirans of AWmW - fni TudefMs Tract No 31379. Coetsx Adopted., fopiwdw 10, 2= rage 4 1) Entry Drive - 76-foot right of way to accommodate improvements as described in Condition No. 55 (1311). Additional right of way dedication as needed for the Entry Drive connection (Lot A) to Eisenhower Drive as shown on the Tentative Tract Map 31379. 2) Private Streets: 36-foot travel width measured gutter flow line to gutter flow line with parking allowed on both sides of the streets. 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 'makes; provisions for ongoing enforcement of the parking restriction. Property line shall be placed at the back of curb similar to the lay out and the typical street section shown in the tentative map. Use of smooth curves instead of angular lines at property lines is recommended. Curve radii for curbs at all street intersections shall not be less than 25 feet except at the entry roads similar to the lay out shown on the rough grading plan. 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. 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 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-ways as follows: r-.. Roowllos W 20034MI Cias - of Aopnwd - fw T-4--w ive Twot"013790 GWMK Adopted: soplemivr 10. 2M A. Eisefower Drive (Primary Arterial, Option 6) - 20-foot from the R/W-P/L: The setback requirernents shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes and any additional right of way dedicated from KSL Development Corporation. 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, parklands, and common areas on the Final Map. 16. Direct vehicular access to Eisenhower Drive from lots with frontage along Eisenhower Drive 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. 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 grant easement for an access road, identified as Lot F. connecting Tract 29438 to the proposed entry drive prior to recording of Tract 31379. 19. When an applicant proposes the vacation, or abandonment, of any existing right-of-way, or access easement, the recordation of the tract map Is subject to the applicant providing an alternate right-of-way or access easement, to those properties, or notarized letters of consent from the affected property owners. 20. • 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 Tenutive Tract Map and the date of recording of any Final Map, unless such easement is ^" approved by the City Engineer. i 42 363 FAWdU W Nam. 2003-Ml Conidaw of Appdjd - Pad Twetedw Teoot Map 31279. C4nW Adopad: $"Umber 16, 2003 roged ► K�l 1111 ►j U&I 21. 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. 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. 22. 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. 23. 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 " = 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 " = 40' Horizontal, 1 " = 4' Vertical C. On -Site Rough Grading Plan: IN = 40' Horizontal D. On -Site Precise Grading Plan: 1 " = 30' Horizontal !lMOIINr - ne. aoo*4*1 of Apprid - 1Ir1 TGNWM TWW w' stare. Coo= � lgom*w 1s, 2M 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 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. 24. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 26. 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 rester -image files of the plans. 26. Prior to approval of any Final Map, the applicant shad construct all on and off - sits improvements and satisfy its obligations for same; or shell fumish a fully secured and executed Subdivision improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its .obligation for r- same, or shall agree to any combination thereof, as may be required by the City. 44 �6 R��ol�llorl No. 2002491 Cater of AppaNI — Final TWOdw Trot Mw 31270. CWft AA./Nd: O"Im sr 10, aM Pop 27. Any Subdivision Improvement Agreement ("SIA') entered into by and between the applicant and the City of Le 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. 28. 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. 29. 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 surety to complete the improvements. 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 or architect, 6. 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), LCIMC, 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. 45 6 2008401 of A nwl - R" TwON" TM9 NW 213", Ow" Arap" s"*"W 1s, coos V"S9 All grading shall conform to the recommendations contained in the Preliminary Solis Report, and shwa be cwdfied 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 3 17953. The applicant shall furnish security, in •s 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. AN open graded, undeveloped land shall' either be planted with interim -landscaping., or stabilized with such other erosion control messurea, as were approved in the Fugitive Dust Control r-- Plan. ` 34. Grading within the perimeter setback and parkway areas shelf have undulating terrain and shall conform with the requirements of LOMC-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 1i.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 (8) 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 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 reap, unless the. pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 36.' Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 37. The applicant shall minimize the differences in elevation between the sdjolning • properties and the lots within this development. 46 iNedudon " 2002.001 CwWNW ns of AppwVd - Find Tonto" Treat Mop 31379. OWOM Adapted: soptanber 16, 2002 Page 10 Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. 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. 38. 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. 39. 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. 40. The applicant shall 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 design storm shall be either the 3-hour, 6-hour or 24-hour event producing the greatest total runoff. 41. 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. 4 '7 ;;�5 I--dLgdm N0. 2003-001 Cw-ftens of AMrvI - Fbd renege" TMK Mop 31no. Centex Adopowk ssplMiM 14L 20= 42. Nuisance water shall be retained on sft. in residential dweioprnents, nuisance water shall be disposed of in a trickling sand filter and leach field 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 9pd/1,000 sq. ft. 43. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention faclUdes) 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. 44. No fence or wail shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 45. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03 and Amer�ment #1, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. 46. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) wiN 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. 47. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 48. The development shell 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. 49. Storm drainage historically received from adjoining property shall be received and retained ' or passed through into the historic downstream drainage relief route. 50. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. Resolution " 2003-091 Covid"ts of Appmud - l Ad. Tsnftdw TPM Ma' 31370. CMM Adopted: soptso &w 16. sass hp.12 51. 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. 52. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 53. 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. 54. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 tStreet 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. 65. The applicant shall construct the following street improvements to conform with the General Plan. A. OFF -SITE STREETS 1) Eisenhower Drive (Primary Arterial; 100' R/W option): Widen the westerly side of the street to 38-foot half of the ultimate 76-foot street improvement width on the west side as specified in the General Plan and the additional requirements of these conditions. 49 7 0 Reseb" M., 2003491 Co uffiftm of ApploW - rdMi Twnbalw Tint Map 212", Cant= Adq" lqMMiW 16, 2W3 • 'ra* 1s The applicant shall participate in fifty percent 150%) of the cost to design and reconstruct the 12-foot wide landscaped median in a new alignment that is shifted ton and one-half feet -0 0.51 away from the southeasterly curb of Eisenhower Drive at Coachella Drive to accommodate south -to -north U-turn traffic and improve sight distance at this intersection. The realignment transition shall be accomplished. with a 1,800-foot radius curve coupled with appropriate transitions to be determined during design. Approximately 750' of median adjacent to and south of tract 31378 shall be realigned. The applicant's engineer shall coordinate with the subdivider of Tentative Tract No. 29436 in the design and construction of the Eisenhower Drive realignment specified above. Other required improvements in the Eisenhower Drive right of 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) Class I Off Street Golf Pathway — Construct 12-foot wide meandering pathway within the 32-foot wide parkway/landsacpo set back from Coachella Drive to Avenida Fernando. The design of the pathway shall be as approved by the City Engineer. c) Traffic signal modification of existing traffic signal system at the Eisenhower Drive and Coachella Drive intersection to accommodate the fourth leg. 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). 50 " J Reedull n Me. 2003 091 Cendrow of Appmud - M" Twddke Treat Mop 21270, Cenles Ad""d: sepbmbw 10, 2003 f ge 14 B. 'PRIVATE STREETS 1) Entry Drive (Lot A) - Construct full improvements within a 56-foot street improvements which shall be divided into one 20-foot traveled way ingress roadway and one 24-foot traveled way egress roadway lone 12-foot left-turn/through lane and one 12- foot right -turn lane) with a 12-foot center landscaped median, and extending at least 75 feet from the nearest point of the Eisenhower Drive/Coachella Drive intersection to provide adequate throat for a four vehicle queue. 2) Access Road (Lot F) - Construct 36-foot wide travel width and approved curb and gutter consistent with street improvements of the access road proposed on Tract 29436. The intersection of Lot F with the Entry Drive JLot A) shall be located at least 75 feet from the nearest point of the Eisenhower Drive/Coachella Drive Intersection per requirements of - 1) above. 3) Private Residential Streets (Lots B through E) : a) Construct 36-foot wide travel width improvements measured from gutter flow line to gutter flow line and approved - curb and gutter as shown on the tentative map where parking is allowed on both sides of the street. b) Construct 32-foot wide travel width as shown on the tentative map provided parking is restricted to one side and there is adequate off-street parking for residents and visitors, and the applicant makes provisions for perpetual enforcement of the restrictions. c) Construct 26-foot wide travel width improvements. On - street parking shall be prohibited and the applicant shall make provisions for perpetual enforcement of the "No Parking" restrictions. 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. 51.372 RNONMIAI N& 2002.01 Com9dwo of A'/IOW — Find TKO TMMt wP 31379, CNraoc Moped: Smps 16. 2002 • P"O 1s 56. The applicant, shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the sits -specific data for soil strength and anticipated traffic loading (including constriction traffic). Minimum structural sections shad be as follows: Residential 3.0" a.c./4.5' c.s.b. Collector 4.0" a.c./5.0" Primary Arterial 4.5" a.c./G.0" or the approved equivalents of alternate materials. 57. The applicant shall submit current mix designs (less than two years old at the time of construction) for bass, 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 then 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. 58. General ' access points and turning movements of • traffic are limited to the following,. - A. Primary Entry (Eisenhower Drive): Full tum movements at existing signalized intersection of Eisenhower Drive and Coachella Drive. 59. 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. 60. 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. 373 Reek w " 2002-001 CaWkaM of App mod - FAd Twiftow That Map 313". Cafax Adopod: @"mwj*w 10, 2003 Pop is C: NsTRUCTIQN 61. 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. 62. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 63. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 64. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 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 notapproved 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 pudic streets. 66. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. 53 374 101'- a e of ANwMI - !In■1 TWAWn Tint MP 313". Cox ` AAopb* Sepft" r 16. 2M f"i 17 QUALITY ASSURANGE 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. r 70. Upon completion of construction, the applicant shall fumish 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 as4xA t conditions. 71. The applicant shall comply with the provisions of Section 13.24.180 (Maintenance), LQMC. 72. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site Improvements, perimeter landscaping, access drives, and sidewalks. 73. The applicant shall comply with the provisions of Section 13.24.180 (Fees and r--- Deposits), LOMC. 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. 54 •3 r IiMoMAion Na. 2003-091 Coeur v1 Approval - PAW Tontoin Tnat Map 31370, CONK Adww: I"t- A r 16, s00a Pap 1s 74. 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). The developer shall pay school mitigation fees based on their requirements. Fees shall be paid prior to building permit issuance by the City. 75. The Community Development Director shall cause to be filed with the County Clerk a 'Notice of Determination" pursuant to CEQA Guideline 415075(a) once reviewed by the City Council. 76. The applicant shall comply with the provisions of Section 13.48 (Park Dedications) of the Le Quints Municipal Code prior to final map recordation. FIRE D9PARTMENT 77. For residential areas Ji.e. single family homes), approved standard fire hydrants shall be 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 1,000 GPM for a two-hour duration at 20 PSI. 78. For any buildings with public access (i.e., recreational halls, clubhouses, etc. or buildings with a commercial use i.e., gatehouses, condos, apartments, etc.), super fire hydrants are to be placed no closer than 25 feet and not more than 165 feet from any portion of the first floor of said building following approved travel ways around the exterior of the building. Minimum fire flow for these areas would be 1,500 GPM for a two-hour duration at 20 PSI. 79. Blue dot retro-reflectors shall be placed in the street eight inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 80. All buildings that are 5,000 square feet or larger shall be fully sprinkled (NFPA 13 Standard), unless otherwise allowed by the Fire Marshal. Sprinkler plans shall be approved by the Fire Department. Area separation walls may not be used to reduce the need for sprinklers. 81. Any street turn, or turnaround, requires a minimum 38-foot turning radius. 82. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 55 J` 7 6 rAvAidw f. 2003 491 CMdWM= of A!/wwl - fbd Toodafte TN" MW 313", Grua: Aa.pa.ft s pwvrAr 1462009 Pel•10 83. The minimum dimension for access roads and gates is 20 feet dear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches In height. Roadways may not exceed 1,320 feet without secondary access. This access may be restricted to emergency vehicles only however, public egress must be unrestricted. Any gate providing access from a public roadway to a private entry roadway shall accommodate a minimum two vehide stacking distance 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 small be used. 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 j 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 (non-residential, If any) Js to run concurrent with the City plan check. 87. All public agency letters received for this case are made part. of the case file documents for plan checking purposes. 88. Ail mitigation measures included in Environmental Assessment 2003-478 are r— hereby included in this approval. A conservation easement shall be placed over the historic milling stations in perpetuity. The City Attorney shall review the conservation easement before being recorded with the County of Riverside. 56 ______ �..._...... .... ...� ........ Mae - same ..... ... cone 68o68,sse 189 6"IDN►N1Y V.YV� RoeoleMon" 2003401 &W Twoove Twat MoP 1>i i70. C014" Adopto& 11406 dhor 1 i. 2003 Ppe 20 89. A permit from the Community Development Department is required for anyy temporary or permanent tract signs. Unlighted tract ID signs are allowed subject to the provisions of Chapter 9.160 of the Zoning Ordinance. 90. The Community Development and Public Works Directors may allow minor design changes to final map applications that include a reduction in the numbs of buildable lots, changes in lot sizes, relocation of common open space areas or other required public facilities (e.g., CVWD well sites, etc.) and changes in the alignment of street sections, provided the applicant submits a Substantial Compliance Application to the Public Works Department during plan check disclosing the requested changes and how the changes occurred. These changes shall be conveyed to the City Council when the map is presented for recordation consideration. 91. Prior to submitted the Final Map for plan check consideration, the following corrections and/or information shall be provided: A. Two copies of the draft Covenants, Conditions and Restrictions (CC&R's). The City Attorney shall approve the document prior to approval of the final map by the City Council. The CC&R's shall contain language reflecting the following provisions: "On -street parking of any recreational vehicles (e.g., boats, motor homes, trailers, buses, campers, mobile homes, inoperable vehicles, or other similar vehicles) shall be prohibited at all times within the residential tract. Parking for such vehicles shall be restricted to storage on the property behind a masonry wail of not less than six feet in height, which is equipped with a solid gate that shields the subject vehicle from view from the street. Temporary parking in designated areas Is permitted for a maximum of 24 hours as RV's are prepared for use or storage." Bighorn sheep mitigation measures addressed in EA 2003-478 shall also be enclosed in the CC&R's. B. Street Lot "A" shall be designated Coachella Drive and Street Lot "F" shall be designated Full Moon Bay as required by Chapter 3 (Program 2.14) of the General Plan. C. A minimum of three street dames shall be submitted for each private street shown on the Map exhibit. A list of the names in ranking order shall be submitted to the Community Development Department for approval during final map processing. 5 " J78 CITY COUNCIL MOLUTION 2003-092 r"- CONDMONS OF APPROVAL - F� 78 C� SITE DEVELOPMENT PEWIT 200 SEPTEMBER 16, 2003 GENEBAL 1, The appllcarWproperty owner agrees to defend, indemnify, and hold harmless the City of La auinta (the "City"). its its• officers erid employees from any set aside void or annul the approve e l of claim, action or proceeding to attschsll a pertaining to this project. This indemnification shall include any this application and any award challenge attomey's fees. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Minor amendments to the development plans shall be subject to approval by the Community Development Director. 3. The landscape and irrigation plans shall be approved by the Coachella Vafley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Community Development Department, pursuant to Chapter S.13 of the Municipal Code. Specific landscape on -oft requirements for the project are: A. To encourage water conservation, no more than 5o% of the front yard areas shah be devoted to turf. Front and rear yard landscaping shoo consist of two trees (i.e., a minimum 1.5 inch caliper -measured three feet up from grade level after plantingh ten "allon shrubs, groundcover. Palm trees may count as a shade tree if the trunk is as minimum six feet tall. Double lodge poles (two-inch diameter) shall used to stake trees. Bubblers and emitters shall be used to Irrigate shrubs and trees. Homebuyers shall be offered an option to have n o turf areas in their front yard through the use of desertscape materials- B. Parkway shade trees shalt be delivered to the site in 24-inches or lard boxes with minimum two-inch calipers for Lots A, Jt H nsd. 31379. Trees shall be a minimum height of ten feet once Installed. C. All plant materials within the perimeter retention basins shall be approved by the Department of Fish and Game to insure the safety and welfare of the Peninsular bighorn sheep. D. The developer, and subsequent property owner(*), shall continuously r.- maintain all required front yard and parkway landscaping in a healthy and viable condition as required by Section 9.60.240(E3) of the Zoning Cod es 58 ROOOkI On No. 2003 002 CondNews of Appnmd - Find SW Owdopowit rande 2W3.77g, c«rax 22 s o pw *0 If. 2003 Ffte E. Due to maintenance and leaf litter problems, the following trees shall not be used for this project: Bottle (Brachychiton populneus), Evergreen Ash (Fraxinus Uhdei 'Majestic Beauty'), Elm (Uimus parvifolia), Olive (Olea europaea) and Crape Myrtle (Lagerstroemin indica). Fruitless olive trees can be used within the development. 4. Walls within 150 feet of Eisenhower Drive shall be clad in stucco and capped in brick or concrete. Pilasters shall be included at intervals of not less than 80' on center. 5. A centralized mailbox delivery system shall be used for the 'project pursuant to any requirements of the U.S. Postal Service, unless individual mailboxes are allowed. 6. Install wide -angled peepholes into front doors. 7. Graffiti resistant paint should be applied to parkway walls. 8. Landscaping shall be of the type and situated in locations to maximize observation while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines, and under vulnerable windows. Additional public safety information may be obtained by contacting Senior Deputy Andy Gerrard at (760) 863-8960. Q' _LT F I R 9. Final conditions will be addressed when plans are reviewed. A plan check fee must be paid to the Fire Department at the time construction plans are submitted. For additional assistance, please contact the Fire Department Planning & Engineering staff at (760) 863-8886. 10. The developer shall comply with all applicable conditions of Specific Plan 2003-065, Tentative Tract Map 31379 and mitigation measures of EA 2003- 478. sAMY Cbrk%ccnd cc 8M7$Cont*xFkw 11.16.03AW 59 330 EXHIBIT "C" MITIGATION MONITORING PROGRAM 119/015610-0002 431766.09 a10/16/03 -24- ^; { i gh T � � w Q eMt b � O 9x� a�1 .. o � a �Q ow cri N 00 . �I w Nrl o z AV K a FA Ott e 61 j$4, F A Vp a� � V �p 'sip � � .5 v� _ � • y V •v '� U 5� a a � i1 y 'vi G? .� G? .E g ep ra .a a 20 ++ cd � � E be � Fa •p � E E 0 E Y•� C� ob ;v a_b :ri u . � � •� .5 .off► c ._ r ._ • to fs. Z F 62 83 r e tlwill 6� O m Idi ._ y Ito 9 °q gg IL I eo C W � V73 i 95 EXHIBIT "D" ASSIGNMENT AND ASSUMPTION AGREEMENT FOR HOA 65 119/015610-0002 431766.09 a10/16/03 -25- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103) ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is made and entered into as of , by and between CENTEX HOMES, a Nevada general partnership, dba CENTEX DESTINATION PROPERTIES (the "Developer" or "Assignor") and [THE VILLA QUINTA HOMEOWNERS' ASSOCIATION, a 1 (the "HOA" or "Assignee"), with reference to the following Recitals. Recitals A. Assignor is the master developer of 44.61 acres of real property located in the City of La Quinta, County of Riverside, State of California (the "Site"), which is legally described in Exhibit "A" attached here. B. Assignor intends to develop the Site with a resort residential master planned community with 280 resort residential units and associated recreational facilities (collectively, the "Project). C. Assignor, as "Developer," and the City of La Quinta, a California municipal corporation ("City"), have entered into that certain Development Agreement dated , 2003 (the "Development Agreement"), for purposes of, among other things, (i) setting forth a per -unit up front payment schedule for the Developer's payment to the City of certain amounts that the parties agree are designed to compensate the City for (A) the potential loss of anticipated general fund revenues as a result of the use of the Site for a residential resort use rather than as traditional tourist commercial use, such as a "hotel' as that term is defined in Section 9.280.030 of the La Quinta Municipal Code ("Hotel"); (B) the uncompensated costs of potential additional public services that the Development Plan will generate, which costs would have been recovered if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (C) and the potential added wear and tear on the municipal infrastructure which will result from the Development Plan, the costs of which would have been compensated if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (ii) 119/015610-0002 J - 66 r 431766.09 a10/16/03 -26- �3 establishing an on -going obligation of the Project to pay the City certain amounts designed to compensate the City unless and until the Villas within the Project generate specified levels of transient occupancy tax; and (iii) granting Developer a vested right to develop the Site according to the Development Plan., all as more particularly described in the Development Agreement. D. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement. E. In accordance with Section 3.2.1 of the Development Agreement, Developer has caused the HOA to be established and has recorded certain covenants, conditions and restrictions (the "CC&R") which, among other things, (i) provide for the HOA's payment of the fees described in Sections 3.3.3 and 3.3.4 of the Development Agreement, (ii) provides for the HOA's operation of a Rental Tracking System, as described in Section 3.3.6 of the Development Agreement, and (iii) provide for the rental management opportunities to owners of units, as described in Section 3.3.7 of the Development Agreement. F. This Assignment is being entered into pursuant to Section 3.3.8 of the Development Agreement, which provides that, by causing the establishment of the HOA and providing for the HOA to be responsible for the matters described in Recital E above, Assignor may assign certain of its rights and obligations under the Development Agreement to the HOA. Accordingly, in accordance with Section 3.3.8 and Section 7.1 of the Development Agreement, Assignor now desires to assign all of its obligations and its right, title, and interest in and to Sections 3.3.3, 3.3.4, 3.3.6, and 3.3.71 of the Development Agreement to Assignee, and Assignee desires to accept such assignment on, and subject to, the terms and conditions set forth in this Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Agreement 1. Assignment. Assignor hereby assigns, conveys, transfers, delivers and delegates to Assignee all of Assignor's right, title, interest, and obligation with respect to Sections 3.3.3, 3.3.4, 3.3.6, and 3.3.71 of the Development Agreement (collectively, the "Assumed Obligations"). 2. Assumption of Obligations. Assignee hereby accepts the foregoing assignment and agrees to assume performance of all terms, covenants and conditions occurring or arising from the Assumed Obligations on or after the date of this Assignment. By acceptance of this Assignment, Assignee hereby agrees to assume all of Assignor's right, title, interest and obligation in and to the Assumed Obligations, and Assignee agrees to timely discharge, perform or cause to be performed and to be bound by all of the liabilities, duties and obligations imposed 1 Note — If Developer wishes to retain the obligations of Section 3.3.7 of the Development Agreement, the reference to that Section shall be deleted, and Developer shall remain obligated to fulfill the obligations of that Section. 8 6'7 1, 119/015610-0002 431766.09 a10/16/03 -27- in connection with the Assumed Obligations from and after the date of this Assignment to the same extent as if Assignee had been the original party thereto. 3. Successors and Assigns. This Assignment shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 4. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of California. 5. Further Assurances. The parties covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out this Assignment. 6. Authority of Signatories to Bind Principals. The persons executing this Assignment on behalf of their respective principals represent that (i) they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Assignment and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 7. Interpretation. The paragraph headings of this Assignment are for reference and convenience only and are not part of this Assignment. They have no effect upon the construction or interpretation of any part hereof. The provisions of this Assignment shall be construed in a reasonable manner to effect the purposes of the parties and of this Assignment. 8. Counterparts. This Assignment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the date set forth above. "Developer" CENTEX HOMES, a Nevada General Partnership, dba CENTEX DESTINATION PROPERTIES By Centex Real Estate Corporation A Nevada Corporation, Managing Partner LE Stephen Mudge, Division President "Assignee" [THE VILLA QUINTA HOMEOWNERS' ASSOCIATION, a By: Its: • 119/015610-0002 431766.09 a10/16/03 -28- 383 STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 119/015610-000269 % Q 431766.09 a10/16103 -29- v J 0 STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 7 119/015610-M2 431766.09 a10/16/03 -30- v EXHIBIT "A" LEGAL DESCRIPTION OF SITE That certain real property located in the City of La Quinta, County of Riverside, State of California, described as follows: Parcel 1 of Lot Line Adjustment No. 2001-361, recorded on October 23, 2001 as Document No. 2001-515074. 119/015610-0002 431766.09 a10/16/03 -31- 7t J92 EXHIBIT "E" COMPLIANCE CERTIFICATE 119/015610-0002 431766.09 a10/16/03 -32- 72 393 COMPLIANCE CERTIFICATE (CENTEX DEVELOPMENT AGREEMENT) The undersigned, as the general partner of CENTEX HOMES, a Nevada general partnership dba CENTEX DESTINATION PROPERTIES, ("Developer"), pursuant to Section 4.1 of that certain Development Agreement dated , 2003, (the "Development Agreement"), by and among Developer and the City of La Quinta, a California municipal corporation (the "City"), by his/her signature below hereby certifies to the City, for the City's reliance that: 1. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement; 2. The undersigned is is familiar with the certifications and representations set forth in this Compliance Certificate; 3. Developer has performed and complied with its obligations under the Development Agreement to be performed or complied with by it on or prior to the date hereof. Developer has also performed all Conditions of Approval to be performed or complied with by it on or prior to the date hereof. Not by way of limitation of the foregoing, the Developer warrant and represents that: (1) the CCRs required by Section 3.2.1 of the Development Agreement have been approved by the City and recorded against the Site; (2) all payments required pursuant to Section 3.3.2 of the Development Agreement for the building permits requested to be issued have been paid; (3) all payments required pursuant to Section 3.3.3 of the Development Agreement as of the date have been paid; (4) the Rental Tracking System as required pursuant to Section 3.3.6 of the Development Agreement has been established, and to the extent that rentals have occurred, it operating in accordance with the requirements of such section; (5) the rental management program as required by Section 3.3.7 of the Development Agreement is in place, as is evidenced by the fully executed contract or contracts attached hereto as Schedule 1; and (6) all Conditions of Approval to be performed or complied with as of the date hereof have been satisfied in the manner set forth in Schedule 2, which schedule identifies all applicable Conditions of Approval and a description of how the condition has been satisfied. IN WITNESS WHEREOF, this Compliance Certificate is executed effective the day of , under penalty of perjury under the laws of California. CENTEX HOMES, a Nevada General Partnership, dba CENTEX DESTINATION PROPERTIES By Centex Real Estate Corporation A Nevada Corporation, Managing Partner LE Stephen Mudge, Division President 119/015610-o002 7 3 431766.09 a10/16/03 -33- 9 4 SCHEDULE 1 RENTAL MANAGEMENT PROGRAM CONTRACT(S) [DEVELOPER SHALL ATTACH COPIES OF THE FULLY EXECUTED CONTRACT IT HAS PROCURED IN ORDER TO SATISFY SECTION 3.3.7 OF THE DEVELOPMENT AGREEMENT (SPECIFIC PLAN CONDITION NO.14).] 74 119/015610-0002 v Q 431766.09 a10/16/03 -34- tj 5 SCHEDULE 2 CONDITIONS OF APPROVAL [DEVELOPER SHALL ATTACH A FULL AND COMPLETE LIST OF ALL CONDITIONS OF APPROVAL THAT ARE APPLICABLE TO THE PROJECT TO DATE AND A DESCRIPTION OF HOW EACH CONDITION OF APPROVAL HAS BEEN SATISFIED.] 75 119/015610-0002 431766.09 a10/16/03 -35- 9 6 EXHIBIT "F" GENERAL ASSIGNMENT AND ASSUMPTION AGREEMENT 76 119/015610-0002 —36— J 9�1 431766.09 a10/16/03 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above 'llus Line for xecoraer- s use (Exempt from Recording Fee per Gov't Code § 6103) ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is made and entered into as of ("Effective Date"), by and between CENTEX HOMES, a Nevada general partnership, dba CENTEX DESTINATION PROPERTIES (the "Developer" or "Assignor") and [ASSIGNEE] ("Assignee"), with reference to the following Recitals. Recitals A. Assignor is the master developer of 44.61 acres of real property located in the City of La Quinta, County of Riverside, State of California (the "Site"), which is legally described in Exhibit "A" attached here. B. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement. C. Assignor, as "Developer," and the City of La Quinta, a California municipal corporation ("City"), have entered into that certain Development Agreement dated , 2003 (the "Development Agreement"), for purposes of, among other things, (i) setting forth a per -unit up front payment schedule for the Developer's payment to the City of certain amounts that the parties agree are designed to compensate the City for (A) the potential loss of anticipated general fund revenues as a result of the use of the Site for a residential resort use rather than as traditional tourist commercial use, such as a "hotel" as that term is defined in Section 9.280.030 of the La Quinta Municipal Code ("Hotel"); (B) the uncompensated costs of potential additional public services that the Development Plan will generate, which costs would have been recovered if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (C) and the potential added wear and tear on the municipal infrastructure which will result from the Development Plan, the costs of which would have been compensated if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (ii) 119ro15610-0002 "� � 398 431766.09 a10l16ro3 -37- establishing an on -going obligation of the Project to pay the City certain amounts designed to compensate the City unless and until the Villas within the Project generate specified levels of transient occupancy tax; and (iii) granting Developer a vested right to develop the Site according to the Development Plan., all as more particularly described in the Development Agreement. D. Concurrently with the Effective Date, Assignor shall have conveyed to Assignee the Site [or the portion thereof described on Exhibit B attached hereto (the "Designated Site")]2 E. In accordance with Section 7.1 of the Development Agreement, Assignor now desires to assign all of its obligations and its right, title, and interest in and to the Development Agreement [as to the Designated Site] to Assignee, and Assignee desires to accept such assignment on, and subject to, the terms and conditions set forth in this Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of . which are hereby acknowledged, the parties hereto agree as follows: Agreement 1. Assignment. From and after the Effective Date, Assignor hereby assigns, conveys, transfers and delivers to Assignee all of Assignor's right, title, interest, and obligation in, to and under the Development Agreement [as the same applies to the Designated Site], and Assignee hereby accepts such assignment and agrees to assume performance of all terms, covenants and conditions occurring or arising under the Development Agreement [as the same applies to the Designated Site] from and after the date of this Assignment. 2. Assumption of Obligations. By acceptance of this Assignment, Assignee hereby agrees to assume all of Assignor's right, title, interest and obligation in, to and under the Development Agreement [as the same applies to the Designated Site], and Assignee agrees to timely discharge, perform or cause to be performed and to be bound by all of the liabilities, duties and obligations imposed in connection with the Development Agreement [as the same applies to the Designated Site], from and after the date of this Assignment to the same extent as if Assignee had been the original party thereto. 3. Successors and Assigns. This Assignment shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 4. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of California. 5. Further Assurances. The parties covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out this Assignment. 2 This bracketed language and the bracket language below would be applicable to partial conveyances by Developer, in which case the Developer shall remain obligated under the Development Agreement as to the portions of the Site retained by Developer. 78 n 119/015610-0002 -38- •' 431766.09 a10/16/03 6. Authority of Signatories to Bind Principals. The persons executing this Assignment on behalf of their respective principals represent that (i) they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Assignment and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 7. Interpretation. The paragraph headings of this Assignment are for reference and convenience only and are not part of this Assignment. They have no effect upon the construction or interpretation of any part hereof. The provisions of this Assignment shall be construed in a reasonable manner to effect the purposes of the parties and of this Assignment. 8. Counterparts. This Assignment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. [SIGNATURE PAGE FOLLOWS] 119/015610-0002 431766.09 a10/16/03 -39- 400 IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the date set forth above. "Assignor" CENTEX HOMES, a Nevada General Partnership, dba CENTEX DESTINATION PROPERTIES By Centex Real Estate Corporation A Nevada Corporation, Managing Partner Stephen Mudge, Division President STATE OF CALIFORNIA ) ) ss COUNTY OF "Assignee" [INSERT ASSIGNEE SIGNATURE BLOCK] On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 119/015610-0002 431766.09 a10/16/03 -40- 80 41 STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] r��-1 119/015610-0002 81. 431766.09 a10/16/03 —41— 42 EXHIBIT "A" LEGAL DESCRIPTION OF SITE That certain real property located in the City of La Quinta, County of Riverside, State of California, described as follows: Parcel 1 of Lot Line Adjustment No. 2001-361, recorded on October 23, 2001 as Document No. 2001-515074. 82 119/015610-0002 -42- 431766.09 a10/16/03 4t�3