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2004 05 18 CCe4 4 4 adja 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, May 18, 2004 - 2:00 P.M. Beginning Resolution No. 2004-050 Ordinance No.407 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 participants in the Closed Session meeting when the Agency is considering acquisition of real property. 1. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF 16.03 ACRES LOCATED NEAR THE SOUTHWEST CORNER OF HIGHWAY 111 AND JEFFERSON STREET (APNs: 649-030-010, 649-030-013 AND 649-030-007). PROPERTY OWNER/NEGOTIATOR: KOMAR INVESTMENTS. City Council Agenda 1 May 18, 2004 JL 2. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND FRED WARING DRIVE (ASSESSOR PARCEL NUMBERS: 609-070-034). PROPERTY OWNER/NEGOTIATOR: LAURICH PROPERTIES, INC. 3. CONFERENCE WITH CITY'S LEGAL COUNSEL REGARDING PENDING LITIGATION, COACHELLA VALLEY WATER DISTRICT V. CITY OF LA QUINTA, RIVERSIDE SUPERIOR COURT CASE NO. INC 010827, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a). 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT TO CODE SECTION 54957, COUNCIL APPOINTED POSITION - CITY MANAGER. RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION OF A PROCLAMATION RECOGNIZING MAY 2004 AS MOSQUITO AND VECTOR CONTROL AND WEST NILE VIRUS AWARENESS MONTH. 2. QUARTERLY UPDATE BY LA QUINTA CHAMBER OF COMMERCE. WRITTEN COMMUNICATIONS - NONE 0 40 City Council Agenda 2 May 18, 2004 APPROVAL OF MINUTES 1 . APPROVAL OF MINUTES OF APRIL 12, 2004 2. APPROVAL OF MINUTES OF MAY 41 2004 3. APPROVAL OF MINUTES OF A JOINT MEETING WITH THE PLANNING COMMISSION HELD APRIL 27, 2004 CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED MAY 18, 2004. 2. TRANSMITTAL OF TREASURER'S REPORT DATED MARCH 31, 2004. 3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT DATED MARCH 31, 2004. 4. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY. 5. APPROVAL OF THE LA QUINTA PARK SKATE PARK CONCEPT. 6. APPROVAL OF AN ART PURCHASE AGREEMENT WITH MARK LEICHLITER FOR THE PUBLIC SAFETY OFFICERS SCULPTURE. 7. APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND THE CITY OF LA QUINTA FOR ALLOCATING A PORTION OF AB 2766 MOTOR VEHICLE REGISTRATION FEE ASSESSMENTS TO COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FOR REGIONAL STREET. SWEEPING SERVICES. 8. ADOPTION OF A RESOLUTION ACCEPTING A QUITCLAIM DEED FROM TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP, FOR A FLOOD REGULATION BASIN AND OPEN SPACE, LOT D OF TRACT NO. 25363-2, APN: 604-345-006. 9. ADOPTION OF A RESOLUTION ACCEPTING A QUITCLAIM DEED FROM RANCHO OCOTILLO, L.P., A DELAWARE LIMITED PARTNERSHIP, FOR A FLOOD REGULATION BASIN LOCATED AT 44-425 CAMINO AZUL, TRACT NO. 24517, APN: 604-191-006. City Council Agenda 3 May 18, 2004 3 10. ADOPTION OF A RESOLUTION ACCEPTING A QUITCLAIM DEED FROM SIENNA DEL REY, L.L.C., A CALIFORNIA LIMITED LIABILITY COMPANY, FOR LOTS AA, BB, AND CC OF TRACT NO. 23995-7, APNs: 604-421-009, 604-422-01 1', AND 604-422-010 RESPECTIVELY, FOR PUBLIC UTILITIES, PEDESTRIAN, LANDSCAPE, AND STORM WATER PURPOSES. 11. ACCEPTANCE OF NEW TRAFFIC SIGNAL IMPROVEMENTS (ADAMS STREET AT WESTWARD HO DRIVE) PROJECT NO. 2002-06. 12. ADOPTION OF THE CITY OF LA QUINTA ECONOMIC DEVELOPMENT PLAN FOR FISCAL YEAR 2004/2005. 13. APPROVAL OF THE CITY OF LA QUINTA MARKETING PLAN FOR FISCAL YEAR 2004/2005. 14. APPROVAL OF APPLICATION FOR SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM GRANT FUNDS FOR INSTALLATION OF A SIDEWALK ON THE SOUTH SIDE OF WESTWARD HO DRIVE TO A POINT APPROXIMATELY 650 LINEAR FEET EAST OF DUNE PALMS ROAD. 15. APPROVAL OF APPLICATION FOR SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM GRANT FUNDS FOR BIKE LANE STRIPING AND SIGNAGE ALONG PORTIONS OF AVENUE 52 FROM EISENHOWER DRIVE TO JEFFERSON STREET. 16. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR TWO MEMBERS OF THE CITY COUNCIL AND THE CITY MANAGER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES MAYORS AND COUNCIL MEMBERS EXECUTIVE FORUM IN MONTEREY, CALIFORNIA TO BE HELD JULY 28-30, 2004. 17. ADOPTION OF A RESOLUTION DIRECTING THE CITY ENGINEER TO PREPARE THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 FOR FISCAL YEAR 2004/2005. BUSINESS SESSION 1. CONSIDERATION OF AN AGREEMENT WITH THE BOB HOPE CHRYSLER CLASSIC TO HOST THE HOPE CLASSIC TOURNAMENT AT SILVERROCK RESORT. A. MINUTE ORDER ACTION 2. CONSIDERATION OF AN AMENDMENT TO THE GOLF COURSE MANAGEMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND LANDMARK GOLF MANAGEMENT, LLC, RELATED TO GOLF COURSE SUPERINTENDENT QUALIFICATIONS. A. MINUTE ORDER ACTION City Council Agenda 4 May 18, 2004 3. CONSIDERATION OF APPOINTMENT OF A TRUSTEE TO THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT TO REPRESENT THE CITY OF LA QUINTA. A. MINUTE ORDER ACTION STUDY SESSION — NONE REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (HENDERSON) 5. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 6. C.V. MOUNTAINS CONSERVANCY (SNIFF) 7. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (OSBORNE) 8. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 9. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY HENDERSON) 10. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TYLER) 11. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 12. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 13. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 14. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT FOR APRIL, 2004 5. COMMUNITY DEVELOPMENT DIRECTOR'S MONTHLY REPORT FOR APRIL, 2004 6. COMMUNITY SERVICES DIRECTOR'S REPORT FOR APRIL, 2004 7. FINANCE DIRECTOR'S REPORT - NONE 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT FOR APRIL, 2004 9. POLICE CHIEF'S MONTHLY REPORT FOR APRIL, 2004 10. FIRE CHIEF'S QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE W City Council Agenda 5 May 18, 2004 RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7-nn p_nn_ 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 and may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. CONTINUED PUBLIC HEARING TO CONSIDER AN APPEAL TO SPECIFIC CONDITIONS OF APPROVAL FOR SITE DEVELOPMENT PERMIT 2004-797, AS APPROVED BY THE PLANNING COMMISSION ON FEBRUARY 24, 2004. APPLICANT: DR. MATTHEW WERNER. A. RESOLUTION ACTION 2. PUBLIC HEARING TO CONSIDER A RESOLUTION TO APPROVE A ONE-YEAR TIME EXTENSION FOR FILING OF TENTATIVE TRACT MAP 30092, A 97-LOT SUBDIVISION ON 38.4 t ACRES, ON THE NORTHWEST CORNER OF MONROE STREET AND AVENUE 58. APPLICANT: COVENANT DEVELOPMENT, INC. A. RESOLUTION ACTION City Council Agenda 6 May 18, 2004 C_+ 3. PUBLIC HEARING ON APPEAL OF CONDITIONS AND/OR FINDINGS REGARDING SITE DEVELOPMENT PERMIT 2004-800. APPELLANTS: WASHINGTON 1 1 1, LTD. A. RESOLUTION ACTION 4. PUBLIC HEARING TO CONSIDER A RESOLUTION ADOPTING THE FISCAL YEAR 2004/2005 THROUGH 2O08/2009 CAPITAL IMPROVEMENT PROGRAM AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE 33445(a). A. RESOLUTION ACTION ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on June 1, 2004, commencing with closed session at 2:00 p.m. and open session at 3:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253 City Council Agenda 7 May 18, 2004 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, May 18, 2004, 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 111, on Friday, May 14, 2004. DATED: May 14, 2004 a.>�, , E f J� r. , JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. City Council Agenda 8 May 18, 2004 8 COUNCIL/RDA MEETING DATE: MAY 18, 2004 ITEM TITLE: Demand Register Dated May 18, 2004 RECOMMENDATION: Approve Demand Register Dated May 18, 2004 BACKGROUND: Prepaid Warrants: 58422 - 58456) , 66,068.14 - 58457 - 58495). 319020.606 Wire Transfers} - 2,656,763.88 - P/R 32051 - 320791 13406.97 P/R Tax Transfers} 35,859.61 Payable Warrants: 58496 - 585981 1,940,669.17 $405,268.37 FISCAL IMPLICATIONS: Demand of Cash -City $2,271,918.39 Demand of Cash -RDA $2,5939349.98 Falconer, Pinande Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 01 CITY OF LA QUINTA BANK TRANSACTIONS 5/01/04 - 5/11/04 5/07/04 WIRE TRANSFER - ICMA $8,285.23 5/07/04 WIRE TRANSFER - PERS $20,403.93 5/07/04 WIRE TRANSFER - PERS HEALTH INSURANCE $47,774.72 5/07/04 WIRE TRANSFER - VISTA DUNES LAND PURCHASE $2,574,000.00 5/10/04 WIRE TRANSFER - VISTA DUNES RELOCATION $4,800.00 5/10/04 WIRE TRANSFER - VISTA DUNES RELOCATION $1,500.00 TOTAL WIRE TRANSFERS OUT $2,656,763.88 le 2 10 r r M 1 1 r M 1 1 O ti to O O Al O O ti D` O% O O V► to O 00 M ti O ti N Al 00 In O 1 W I- 1 -.t to r N1 00 N 0 an M M M N �O O 1 S O 1 00 O O` r r in r O0 ti ti c -t 1.0 N W N OC I u 1- 1 140 ti r r 00 O W I I d CO 1 1 r N a. z 1 I r" G :3 1 1 O Z W Im 1 1 d O 1 1 d 1 OP% I (p W I I- Z I' I O d 1 4c 4C 4C 4c •K K 4c 4c 4C 4C Z 1 = W I 1 4C cc I OO I - I` In in 00 00 NN 00 00 1--1` O%O% %OMOk O%D000%oo 00 i0000(n O 1 \1 OO tiff tn in 00 0000 MM titi OO titi NN I`anN 00%00000 in in 4tnLAtnN%t u I W u I . . . . . . . . . . . . . . . . . u I uV! 1 in Ln 0000 NN 00 IAV► M1+1 qr-e-M a%O(nOop. 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I w 1 a I N CL I V/ m I -01 W W I w O I ft I a. ►� 0 O Or > O (0 H Y OIC V O W S u 4b (7 Vf I OIC Q 1 ow I I- I d 1 " O 1 I>: Ix 1 O O s� 00 00 N N N N 0000 M1 M 1 0 •o s� ON N T- 00 �O N I > M 1 I I I O O 100 I ti 00 I Ln Lf% I O O I %QT �r 100 100 1 N N i 1 1 O O 1 ti ti 1 M M Z I >- 1 Z Z G Q W C: w O a O a. w W C_ C: to a I N m I IL CC I C: L9 1 I it 1 O 39 I 1 1 1 1 ILI 1 /9 I 4 1 IL I 1 I 1 w Y u W S U C N O I } S C Q W 0: Ix ID QO IL /r W d w IL 7t 1 G N I O Q 1 > 1 1-- 1 1 D- 0=1 ►i O 1 OIx > 0 e- I N 40 48 COUNCIL/RDA MEETING DATE: May 18, 2004 Transmittal of Treasurer's Report as of March 31, 2004 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated March 31, 2004 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Respectfully submitted, 141 John M. Falconer, Finance Director Approved for Submission by: Thomas P. Genovese, City Manager Attachment 1: Treasurer's Report, City of La Quinta 43 ATTACHMENT 1 MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for March 31, 2004 DATE: May 3, 2004. Attached is the Treasurer's Report for the month ending March 31, 2004. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes I Sold/Matured Other Ending Change Cash $ 75,139 (1) $ (177,862) ($102,723) ($177,862) LAW 32,441,285 1,500,000 (500,000) 33,441,285 1,000,000 US Treasuries (2) 69,982,902 42,086,000 (42,000,000) (37,059) 70,031,843 48,941 US Gov't Agencies (2) 30,078,982 (17,282) 30,061,700 (17,282) Commercial Paper (2) - 0 0 Mutual Funds 7,131,996 1 4,739,489 2,392,507 4,739,489 Total $139,710,304 $43,586,000 $47 417,351 $54,341 $135,824,612 $3,885,692 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. y lconer D to rector/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. 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O 75 O V LL oLc) V co 0 CSC• 0 of 0 NLf) o O a co -0-0 c 0 0 LO � N lua3Jad o 0 0 6 11 CITY OF LA QUINTA BALANCE SHEET 03I31104 ASSETS: CITY CITY RDA RDA FA FIXED LONG TERM FIXED LONGTERM FINANCING LONG TERM GRAND CITY ASSETS DEBT RDA ASSETS DEBT AUTHORITY DEBT TOTAL POOLED CASH LORP INVESTMENT IN POOLED CASH INVESTMENT T-BILLINOTES 3 OTHER AUTO MALL CASH LQRP CASH BOND REDEMPTION CASH BOND RESERVE CASH BOND PROJECT CASH BOND ESCROW CASH PETTY CASH CASH & INVESTMENT TOTAL INVESTMENT IN LAND HELD FOR RESALE (11.048,189.84) 0.00 0.00 43.759,186.57 0.00 0.00 5,726,82 0.00 32,716,723.55 0.00 0.00 0.00 612,000.00 0.00 0.00 0.00 0.00 612,000.00 62,870.000.00 0.00 0.00 37,086,000.00 0.00 0.00 0.00 0.00 99,955,000.00 0.00 0.00 0.00 0.00 0.00 0.00 8,838.91 0.00 0.00 0.00 0.00 8.838.91 0.00 0.00 0.00 217.27 0.00 0.00 5.83 0.00 223.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,392,282.55 0.00 0.00 0.00 0.00 2.392,282.55 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,000 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,000.00 51,822,810.16 0.00 0.00 83,858.525.30 0.00 0.00 5,732.65 0.00 135.687,068.11 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ACCOUNTS RECEIVABLE 29,603.53 0.00 0.00 60.900.00 0.00 0.00 0.00 0.00 90,503.53 PREMIUMIDISCOUNT ON INVESTMENT 217,487.60 0.00 0.00 (79.943.79) 0.00 0.00 0.00 0.00 137,543.81 LORP-ACCOUNTS RECEIVABLE 0.00 0.00 0.00 78.587.59 0.00 0.00 0.00 0.00 78.587.59 INTEREST RECEIVABLE 48.358.93 0.00 0.00 0.00 0.00 0.00 0.00 0.00 48.358.93 LOANNOTESRECEIVABLE 0.00 0.00 0.00 12,613,564.62 0.00 0.00 0.00 0.00 12.613,564.62 DUE FROM OTHER AGENCIES 3,087,257.06 0.60 3.087,257.06 DUE FROM OTHER AGENCIES - CVAG 2,299,096.69 0.00 0.00 0.00 0.00 0.00 0.00 2,299.096.69 CVAG ALLOWANCE (2,299.096.69) (2,299.096.69) DUE FROM OTHER GOVERNMENTS 44,634.18 0.00 0.00 0.00 0.00 0.00 0.00 0.00 44.634.18 DUE FROM OTHER FUNDS 0.00 0.00 0.00 0.00 0.00, 0.00 0.00 0.00 ADVANCES FROM RDA - PRINCIPAL 15.597,550.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 15,597,550.20 ADVANCES FROM RDA - INTEREST 6.801.130.37 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,801,130.37 ADVANCES TO OTHER FUNDS 0.00 6.314,747.34 6,314,747.34 NSF CHECKS RECEIVABLE 4,536.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.536.60 ACCRUED REVENUE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 FIXED ASSETS 0.00 306.249,652.60 306,249,652.60, ACCUMULATED DEPRECIATION 929,209.62 0.00 929,209.62 TRAVEL ADVANCES 3,125.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,125.00 EMPLOYEE ADVANCES 11,265.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11,265.70 PREPAID EXPENSES 17,515.36 0.00 0.00 0.00 0.00 0.00 0.00 0.00 17,515.36 RECEIVABLE TOTAL 26.791,674.15 306,249,652.60 0.00 18.987,855.76 0.00 0.00 0.00 0.00 352,029,182.51 WORKER COMPENSATION DEPOSIT 234,177.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 234.177.00 RENT DEPOSITS 4,830.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,830.00 UTILITY DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MISC. DEPOSITS 1,073.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,073.21 DEPOSITS TOTAL 240.080.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 240,080.21 GENERAL FIXED ASSETS 0.00 0.00 0.00 0.00 52,066,306.00 0.00 0.00 0.00 52,066,306.00 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 L/T 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 52,066 306 00 158 460,254.00 0.00 7190 000.00 219,34/ 819.96 TOTAL ASSETS 78 854 564.52 306 249 652.60 1,625,259.96 102 846 381.06 52 066 306.00 158 460 254.00 5,732.65 7190 000.00 707 298150.79 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 854,460.02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 854,460.02 DUE TO OTHER FUNDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ADVANCES FROM OTHER FUNDS 6,314,746.34 0.00 0.00 22.398,683.99 0.00 0.00 0.00 0.00 28,713,430.33 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 133,698.84 0.00 0.00 0.00 0.00 0.00 0.00 0.00 133,698.84 STRONG MOTION INSTRUMENTS 7,243.77 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,243.77 FRINGE TOED LIZARD FEES 106,428.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 106,428.00 SUSPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DUE TO THE CITY OF LA QUINTA 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6.00 PAYABLES TOTAL 7,430,906.41 0.00 0.00 22,398,683.99 0.00 0.00 0.00 0.00 29,529,590.40 ENGINEERING TRUST DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SO. COAST AIR QUALITY DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LORP DEPOSITS 0.00 0.00 0.00 18,664.00 0.00 0.00 0.00 0.00 18.664.00 DEVELOPER DEPOSITS 1,457,846.57 0.00 0.00 2,835.00 0.00 0.00 0.00 0.00 1,460,681.57 MISC. DEPOSITS 124,371.25 0.00 0.00 25,000.00 0.00 0.00 0.00 0.00 149,371.25 AGENCY FUND DEPOSITS 1,598,846.61 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 596 846.61 TOTAL DEPOSITS 3,181,064.43 0.00 0.00 46,499.00 0.00 0.00 0.00 0.00 3,227,563.43 DEFERRED REVENUE 3101 290.87 0.00 0.00 10 495 978.56 0.00 0.00 0.00 0.00 13 597 269.43 OTHER LIABILITIES TOTAL 3,101,290.87 0.00 0.00 10,495.978.56 0.00 0.00 0.00 0.00 13.597.269.43 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 BONDS PAYABLE 0.00 0.00 0.00 0.00 0.00 148 945 000.00 0.00 7,190,000.00 156135 000.00 TOTAL LONG TERM 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 LIABILITIES 13,713,261.71 0.00 1,625,259.96 32,941,161.55 0.00 158.460,254.00 0.00 7,190,000.00 213,929.937.22 EQUITY -FUND BALANCE 65.141,302.73 306,249,652.60 0.00 69,905,219.51 52,066,306.00 0.00 5,732.65 0.00 493,368,213.49 TOTAL LIABILITY & EQUITY 78 854 564.44 306 249 652.60 1,625,259.96 102 846 381.06 52 066 306.00 158 460 254.00 5,732.65 7190 000.00 707 298150.71 0.08 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.08 CASH & INVESTMENT TOTAL 135,687,068.11 PREMIUM/DISCOUNT ON INVESTMENT 137,543.81 TOTAL 135,824,611.92 12 N Op A �pGon m 00 > H H N O N C C 'cp (7 d NOO)c`9 a0on cV O N .be r- H O H C�o3o Y C H C C L d N Q y L } cm c C N C LL lCC M U VID C C C M C L C U > d O c" to Y 3S.L v N c g u c p > N V m Z N O 0�1 LL to U > Jill] I H $'$zzz o z$ O e � d=2e3te`4�e�3� j tG Of P.0 a � •- O � O Of V �N�ppOw OD r- �Otf NNNN{ON C y T O � O _ N '"O1�NaNcpp ee��O m M om O O O 'r 'a g o � 000000- 000000 � S� Q aN NNN �a C7S �cl o N NN LA N h IpN�OI CL H H pp Lf) to �p p cONANION00�� _ � j tC�h�pp�-�ppeaea��CcpYaapp��cv)OpppD -O 4018 O O� 8 A oc" � A > NNN V NN InN—O f� H y yy pH cv) CD 0f1O wep mmoc00�N Of N C14 I, ao NP<c0 O (dQ�n C C � (7 H Ln m�p0NOmN O 1 n N N 1. 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T ly su mitted, ohn M. Falcbner, Finance Director Approved for submission by: 7 4 /-- Z� Thomas P. Genovese, City Manager Attachments 1: Revenue and Expenditures Report, March 31, 2004 64 ATTACHMENT 1 CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2003 - 3/31/04 FUNDS BUDGET RECEIVED RECEIVED General $19,239,597.00 $15,832,963.15 82.30% Library 688,400.00 66,642.97 9.70% Gas Tax Revenue 553,700.00 461,266.32 83.30% Cmaq/lstea 595,235.00 41,450.06 7.00% Federal Assistance 339,427.00 30,000.00 8.80% Assessment District 2000-1 0.00 5,154.24 0.00% Slesf (Cops) Revenue 100,700.00 100,121.64 99.40% Local Law Enforcement 19,918.00 19,558.75 98.20% Lighting & Landscaping 854,600.00 447,421.79 52.40% Quimby 28,900.00 305,620.48 1057.50% Crime Violent Task Force 0.00 0.00 0.00% Infrastructure 15,600.00 21,668.82 138.90% Village Parking 0.00 0.00 0.00% South Coast Air Quality 240,204.00 18,165.75 7.60% LQ Public Safety Officer 2,300.00 2,097.79 91.20% Interest Allocation 0.00 0.01 0.00% Capital Improvement 88,951,308.00 10,119,474.77 11.40% Lq Norte Capital Improvement 0.00 0.00 0.00% Urban Forestry 0.00 0.00 0.00% Equipment Replacement 376,477.00 349,016.78 92.70% Information Technology 227,600.00 384,459.65 168.90% Arts In Public Places 102,600.00 233,481.14 227.60% Transportation 602,300.00 1,682,529.27 279.40% Parks & Recreation 251,000.00 622,718.10 248.10% Civic Center 204,200.00 383,868.66 188.00% Library Development 112,500.00 217,499.63 193.30% Community Center 57,200.00 130,210.13 227.60% Street Facility 9,400.00 60,830.34 647.10% Park Facility 3,000.00 21,586.76 719.60% Fire Protection Facility 33,100.00 82,497.45 249.20% Library Development (County) Facilit 204,100.00 203,187.57 99.60% La Quinta Financing Authority 690,330.00 503,598.07 73.00% RDA Project Area No. 1 59,020,151.00 43,938,174.47 74.40% RDA Project Area No. 2 65,294,330.00 8,618,332.60 13.20% Total 1 $238,818,177.00 1 $84,903,597.16 1 35.60% CITY OF LA QUINTA EXPENDITURES -ALL FUNDS 07/01/2003 - 3/31/04 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENT FUNDS General $23,247,147.00 $10,959,037.04 $65,419.33 $12,222,690.63 47.1% Library 409,137.00 758,906.00 0.00 419,798.49 0.00 0.00 409,137.00 339,107.51 0.0% 55.3% Gas Tax Cmaq/lstea 595,235.00 41,450.06 0.00 553,784.94 7.0% Federal Assistance 331,932.00 26,092.50 0.00 0.00 0.00 305,839.50 142,507.00 7.9% 0.0% Proposed Assessment District 142,507.00 107,926.00 90,524.69 0.00 17,401.31 83.9% Slesf (Cops) Revenue Local Law Enforcement 25,778,00 19,284.00 0.00 6,494.00 74.8% Violent Crime Task Force 528.00 854,600.00 528.05 640,949.99 0,00 0.00 (0.05) 213,650.01 100.0% 75.0% Lighting & Landscaping 301,583.00 135,947.19 0.00 165,635.81 45.1% Quimby infrastructure 2,224,999.00 421,183.74 0.00 1,803,815.26 18.9% Village Parking (1,893.00) 0.00 0.00 (1,893.00) 0.0% South Coast Air Quality 231,231.00 8,546.01 0.00 222,684.99 3.7% 0.0% Lq Public Safety Officer 2,000.00 0.00 0.00 0.00 0.00 2,000.00 0.00 0.0% Interest Allocation Capital improvement 0.00 88,951,306.00 10,127,112.76 0.00 78,824,193.24 11.4% Lq Norte Capital Improvement 0.00 0.00 0.00 0.00 0.00 0.00 1,100.00 0.0% 0.0% Urban Forestry Equipment Replacement 1,100.00 380,641.00 160,065.95 26,106.33 194,468.72 42.1% Arts In Public Places 656,962.00 44,565.51 359,824.42 0.00 0.00 612,396.49 2,352,849.58 6.8% 13.3% Transportation Parks & Recreation 2,712,674.00 618,565.00 413,834.47 0.00 204,730.53 66.9% Civic Center 686,095.00 247,106.09 0.00 438,988.91 36.0% Library Development 4,074,930.00 215,157.90 0.00 3,859,772.10 5.3% 0.0% Community Center 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.0% Street Facility 0.00 0.00 0.00 0.00 0.00 0.0% Park Facility Fire Protection 1,500,000.00 1,146,759.70 0.00 353,240.30 76.5% Library County DIF 400,000.00 0.00 309,323.46 0.00 0.00 400,000.00 385,457.54 0.0% 44.5% information Technology La Quinta Financing Authority 694,781.00 558,724.00 498,394.00 0.00 60,330.00 89.2% RDA Project Area No. 1 88,079,325.00 25,754,156.00 7,325,951.55 0.00 0.00 62,325,169.00 58,570,353.45 29.2% 11.1% RDA Project Area No. 2 65,896,305.00 Total 284,443,024.00 59,36 ,593. 7 91,525.66 224,985, 4. 7 20.9A CITY OF LA QUINTA 07/01/2003 - 3/31/04 GENERAL FUND REVENUES DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 573,300.00 386,754.97 186,545.03 67.460% No Low Property Tax Distribution 808,100.00 641,286.91 166,813.09 79.360% Sales Tax 4,200,000.00 3,439,275.70 760,724.30 81.890% Document Transfer Tax 487,300.00 497,836.96 (10,536.96) 102.160% Transient Occupancy Tax 4,055,300.00 2,378,746.87 1,676,553.13 58.660% Franchise Tax 597,600.00 375,603.38 221,996.62 62.850% TOTAL TAXES 10,721,600.00 7,719,504.79 3,002,095.21 72.000% LICENSE & PERMITS: Business License 180,700.00 152,392.40 28,307.60 84.330% Animal License 17,500.00 10,529.35 6,970.65 60.170% Building Permits 412,500.00 1,199,570.73 (787,070.73) 290.810% Plumbing Permits 90,800.00 195,697.85 (104,897.85) 215.530% Mechanical Permits 37,500.00 124,235.25 (86,735.25) 331.290% Electrical Permits 69,000.00 204,469.39 (135,469.39) 296.330% Garage Sale Permits 5,000.00 11,760.00 (6,760.00) 235.200% Misc. Permits 49,500.00 36,882.59 12,617.41 74.510% TOTAL LICENSES & PERMITS 862,500.00 1,935,537.56 (1,073,037.56) 224.410% FEES: Sale of Maps & Publications 4,950.00 18,463.51 (13,513.51) 373.000% Community Services Fees 190,998.00 199,922.36 (8,924.36) 104.670% Bldg & Safety Fees 396,300.00 918,019.43 (521,719.43) 231.650% Community Development Fees 222,400.00 238,422.04 (16,022.04) 107.200% Public Works Fees 584,375.00 791,570.34 (207,195.34) 135.460% TOTAL FEES 1,399,023.00 2,166,397.68 (767,374.68) 154.850% INTERGOVERNMENTAL Motor Vehicle In -Lieu 1,189,185.00 879,111.57 310,073.43 73.930% Motor Vehicle Code Fines 70,700.00 56,287.09 14,412.91 79.610% Parking Violations 54,400.00 32,503.00 21,897.00 59.750% Misc. Fines 15,000.00 15,230.36 (230.36) 101.540% AB939 145,000.00 109,241.06 35,758.94 75.340% County of Riverside Grant 0.00 0.00 0.00 0.000% State of California Grant 0.00 47,049.90 (47,049.90) 0.000% Fire servicesCredit 2,857,400.00 887,819.03 1,969,580.97 31.070% CSA152 Assessment 150,000 00 175,046.04 (25,046.04) 116.700% TOTAL INTERGOVERNMENTAL 4,481,685.00 2,202,288.05 2,279,396.95 49.140% INTEREST 1,468,800.00 1,564,682.26 (95,882.26) 106.530% MISCELLANEOUS Miscellaneous Revenue 3,000.00 110,200.17 (107,200.17) 3673.340% Litigation settlement 0.00 0.00 0.00 0.000% Cash Over/(Short) 0.00 63.95 (63.95) 0.000% TOTAL MISCELLANEOUS 3,000.00 110,264.12 (107,264.12) 3675.470% TRANSFER IN 302,989.00 134,288.69 168,700.31 44.320% TOTAL GENERAL FUND 19,239,597.00 15,832,963.15 3,406,633.85 82.290% 687 4 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL LIBRARY: County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: CMAQ/ISTEA Section 2105 Section 2106 Section 2107 Section 2107.5 Traffic Congestion Relief Interest TOTAL GAS TAX CMAQ/ISTEA Grant Interest TOTAL CMAQ/ISTEA FEDERAL ASSISTANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE ASSESSMENT DISTRICT 2000-1 REMAINING % BUDGET RECEIVED BUDGET RECEIVED 662,500.00 0.00 662,500.00 0.000% 0.00 53,000.00 (53,000.00) 0.000% 25,900.00 13,642.97 12,257.03 52.680% 688,400.00 66,642.97 621,757.03 9.680% 168,200.00 141,607.53 26,592.47 84.190% 115,900.00 100,234.59 15,665.41 86.480% 216,700.00 188,203.42 28,496.58 86.850% 6,000.00 6,000.00 0.00 100.000% 39,300.00 20,661.68 18,638.32 52.570% 7,600.00 4,559.10 3,040.90 59.990% 553,700.00 461,266.32 92,433.68 83.310% 595,235.00 41,450.06 553,784.94 6.960% 0.00 0.00 0.00 0.000% 595,235.00 41,450.06 553,784.94 6.960% 339,427.00 30,000.00 309,427.00 8.840% 0.00 0.00 0.00 0.000% 339,427.00 30,000.00 309,427.00 8.840% Interest 0.00 5,154.24 (5,154.24) 0.000% Assessment Bond Proceeds 0.00 0.00 0.00 0.000% Prepayments -sewer assessments 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL ASSESSMENT DISTRICT 0.00 5,154.24 (5,154.24) 0.000% SLESF (COPS) REVENUE: SLESF (Cops) Funding 100,000.00 100,000.00 0.00 100.000% Interest 700.00 121.64 578.36 17.380% TOTAL SLESF (COPS) 100,700.00 100,121.64 578.36 99.430% LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 19,218.00 19,218.00 0.00 100.000% Interest 700.00 340.75 359.25 48.680% Transfer in 0.00 0.00 0.00 0.000% TOTAL LLEBG 19,918.00 19,558.75 359.25 98.200% LIGHTING & LANDSCAPING REVENUE: Assessment 854,600.00 447,421.79 407,178.21 52.350% Developer 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LIGHTING & LANDSCAPINf 854,600.00 447,421.79 407,178.21 52.350% QUIMBY REVENUE: Quimby Fees 25,000.00 301,049.32 (276,049.32) 1204.200% Interest 3,900.00 4,571.16 (671.16) 117.210% TOTAL QUIMBY 28,900.00 .4 20�1057.510% CRIME VIOLENT TASK FORCE REVENUE: Member Contributions 0.00 0.00 0.00 0.000% Grant revenue 0.00 0.00 0.00 0.000% Asset Forfeiture 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL CRIME VIOLENT TASK FOI 0.000% fia CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % (continued) BUDGET RECEIVED BUDGET RECEIVED INFRASTRUCTURE REVENUE: Infrastructure Fee 0.00 0.00 0.000% Interest 15,600.00 21,668.82 (6,068.82) 138.900% Transfer in 0.00 0.00 0.00 0.000% TOTAL INFRASTRUCTURE 15,600.00 21,668.82 (6,068.82) 138.900% VILLAGE PARKING REVENUE: Interest 0.00 0.00 0.00 0.000% TOTAL VILLAGE PARKING 0.00 0.00 0.00 0.000% 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 21,800.00 16,891.81 4,908.19 77.490% 77,119.00 77,119.00 0.000% 139,285.00 139,285.00 0.000% 2,000.00 1,273.94 726.06 63.700% 240,204.00 18,165.75 222,038.25 7.560% 2,000.00 2,000.00 0.00 100.000% 300.00 97.79 202.21 32.600% 2,300.00 2,097.79 202.21 91.210% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 0.01 (0.01) 0.000% Transfer In 0.00 0.00 0.00 0.000% TOTAL INTEREST ALLOCATION 0.00 0.01 (0.01) 0.000% CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding 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 12,527,993.00 3,989,272.90 8,538,720.10 31.840% 927,462.00 0.00 927,462.00 0.000% 0.00 0.00 0.00 0.000% 244,800.00 0.00 244,800.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 100,000.00 0.00 100,000.00 0.000% 108,240.00 0.00 108,240.00 0.000% 440,581.00 58,095.00 382,486.00 13.190% 0.00 0.00 0.00 0.000% 2,000.00 0.00 2,000.00 0.000% 153,000.00 90,000.00 63,000.00 58.820% 74,447,232.00 5,982,106.87 68,465,125.13 8.040% 88,951,308.00 10,119,474.77 78,831,833.23 11.380%. 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % (continued) BUDGET RECEIVED BUDGET RECEIVED EQUIPMENT REPLACEMENT FUND: Equipment Charges 317,677.00 317,678.00 (1.00) 100.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Interest 58,800.00 31,338.78 27,461.22 53.300% Transfers In 0.00 0.00 0.00 0.000% TOTAL EQUIPMENT REPLACEMEI 376,477.00 349,016.78 27,460.22 92.710% INFORMATION TECHNOLOGY FUND: Charges for services 216,200.00 377,282.00 (161,082.00) 174.510% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Interest 11,400.00 7,177.65 4,222.35 62.960% Transfers In 0.00 0.00 0.00 0.000% TOTAL INFORMATION TECHNOLC 227,600.00 384,459.65 (156,859.65) 168.920% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500.00 224,981.29 (127,481.29) 230.750% Arts in Public Places Credits Applied 0.00 4,122.64 (4,122.64) 0.000% Interest 5,100.00 4,377.21 722.79 85.830% TOTAL ARTS IN PUBLIC PLACES 102,600.00 233,481.14 (130,881.14) 227.560% TRANSPORTATION Developer fees 549,000.00 1,627,483.03 (1,078,483.03) 296.440% Interest 53,300.00 55,046.24 (1,746.24) 103.280% Transfer in 0.00 0.00 0.00 0.000% TOTAL TRANSPORTATION 602,300.00 1,682,529.27 (1,080,229.27) 279.350% PARKS & RECREATION Developer fees 251,000.00 610,354.59 (359,354.59) 243.170% Interest 0.00 12,363.51 (12,363.51) . 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL PARKS & RECREATION 251,000.00 622,718.10 (371,718.10) 248.090% CIVIC CENTER Developer fees 183,000.00 362,181.46 (179,181.46) 197.910% Interest 21,200.00 21,687.20 (487.20) 102.300% Transfer in 0.00 0.00 0.00 0.000% TOTAL CIVIC CENTER 204,200.00 383,868.66 (179,668.66) 187.990% 7 CITY OF LA 4UINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % (continued) BUDGET RECEIVED BUDGET RECEIVED LIBRARY DEVELOPMENT Developer fees 112,500.00 206,327.45 (93,827.45) 183.400% Interest 0.00 11,172.18 (11,172.18) 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 112,500.00 217,499.63 (104,999.63) 193.330% COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY PARK FACILITY Developer fees Interest TOTAL STREET FACILITY Developer fees Interest TOTAL PARK FACILITY FIRE PROTECTION FACILITY 48,500.00 123,864.00 (75,364.00) 255.390% 8,700.00 6,346.13 2,353.87 72.940% 57,200.00 130,210.13 (73,010.13) 227.640% 7,500.00 59,313.13 (51,813.13) 790.840% 1,900.00 1,517.21 382.79 79.850% 9,400.00 60,830.34 (51,430.34) 647.130% 2,500.00 21,195.61 (18, 695.61) 847.820% 500.00 391.15 108.85 78.230% 3,000.00 21,586.76 (18,586.76) 719.560% Developer fees 32,100.00 82,426.90 (50,326.90) 256.780% Interest 1,000.00 70.55 929.45 7.060% TOTAL FIRE PROTECTION FACILI' 33,100.00 82,497.45 (49,397.45) 249.240% LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees 200,000.00 200,000.00 0.00 100.000% Interest 4,100.00 3,187.57 912.43 77.750% TOTAL LIBRARY DEV (COUNTY) 1 204,100.00 203,187.57 912.43 99.550% 71 $ 07/01/2003 - 3/31/04 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 919,600.00 430,437.65 0.00 489,162.35 CITY MANAGER'S OFFICE 778,533.00 510,307.58 0.00 268,225.42 ECONOMIC DEVELOPMENT 821,350.00 589,712.69 0.00 231,637.31 PERSONNEURISK MGT 758,502.00 641,670.74 0.00 116,831.26 TOTAL GENERAL GOVERNMENT 3,277,985.00 2,172,128.66 0.00 1,105,856.34 CITY CLERK 476,363.00 320,484.16 0.00 155,878.84 TOTAL CITY CLERK 476,363.00 320,484.16 0.00 155,878.84 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 776,646.00 465,215,64 11,644.81 299,785.55 SENIOR CENTER 347,635.00 268,916.41 2,160.00 76,558.59 PARKS & RECREATION PROGRAMS 100,048.00 88,738.60 0.00 11,309.40 TOTAL COMMUNITY SERVICES 1,224,329.00 822,870.85 13,804.81 387,653.54 FINANCE FISCAL SERVICES 696,564.00 447,480.05 0.00 249,083.95 CENTRAL SERVICES 748,086,00 495,781.61 13,164.21 239,140.18 TOTAL FINANCE 1,444,650.00 943,261.66 13,164.21 488,224.13 BUILDING &SAFETY: BUILDING & SAFETY - ADMIN 231925.00 156,142.08 0.00 75,782.92 BUILDING 898,739.00 727,116.27 0.00 171,622.73 CODE COMPLIANCE 655,449.00 386,390.70 0.00 269,058.30 ANIMAL CONTROL 229,922.00 131,243.87 0.00 98,678.13 CIVIC CENTER BUILDING -OPERATIONS 1,068,765.00 798,722.01 6,970.00 263,072.99 TOTAL BUILDING & SAFETY 3,084,800.00 2,199,614.93 6,970.00 878,215.07 PUBLIC SAFETY: POLICE SERVICES 5,293,749.00 1,798,129.91 2,691.06 3,492,928.03 FIRE 2,903902.00 889,786.78 0.00 2,014,115.22 EMERGENCY SERVICES 48,945,00 25,427.94 0.00 23,517.06 TOTAL PUBLIC SAFETY 8,246,596.00 2,713,344.63 2,691.06 5,530,560.31 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 822,152.00 313,840.47 0.00 508,311.53 CURRENT PLANNING 711,429.00 359,181.27 0.00 352,247.73 TOTAL COMMUNITY DEVELOPMENT 1,533,581.00 673,021.74 0.00 860,559.26 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 259,055.00 158,702.53 0.00 100,352.47 DEVELOPMENT & TRAFFIC 1,240,125.00 790,718.55 0.00 449,406.45 MAINT/OPERATIONS - STREETS 2,256,952.00 846,485.69 0.00 1,410,466.31 MAINT/OPERATIONS - LTG/LANDSCAPING 2,001,742.00 1,128,220.97 28,789.25 844,731.78 CONSTRUCTION MANAGEMENT 720,171.00 510,822.98 0.00 209,348.02 TOTAL PUBLIC WORKS 6,478,045.00 3,434,950.72 28,789.25 3,014,305.03 TRANSFERS OUT 1,327,716.00 101,873.04 0.00 1,225,842.96 GENERAL FUND REIMBURSEMENTS (3,846 918.00) (2,422,513.15) 0.00 (1,424,404.85) NET GENERAL FUND EXPENDITURES 23,247,147.00 10,959,037.04 65,419.33 12,222,690.63 t7fi 40 9 CITY OF LA QUINTA 07/01/2003 - 3/31/04 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 409,1 .00 0.60 0.00 409,13 .00 GAS TAX REIMBURSE GENERAL FUND 553,700.00 416,274.99 0.00 138,425.01 TRANSFER OUT 205,206.00 4,523.50 0.00 200,682.50 TOTAL GAS TAX FUND 8,906.00 419, 98.49 0.00 339,10 .51 QUIMBY FUND: TRANSFER OUT TOTAL QUIMBY FUND 301,583.00 135,947.19 0.00 165,635.81 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 331,932.00 26,092.50 0.00 305,839.50 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 14,827.00 8,546.01 0.00 6,280.99 TRANSFER OUT 216,404.00 0.00 0.00 216,404.00 TOTAL SOUTH COAST AIR QUALITY 231, 31.00 8,546.01 .00 22 2.684.99 CMAQ/ISTEA TRANSFER OUT TOTAL CMAQASTEA FUND 596,235.00 41,450.06 0.00 553,784.94 VILLAGE PARKING TRANSFER OUT TOTAL VILLAGE PARKING FUND (1,893.00) 0.00 0.00 (1,893.00) LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 25,778,00 19,284.00 0.00 6,494.00 VIOLENT CRIME TASK FORCE PROJECT EXPENDITURES 528.00 528.05 0.00 (0.05) TOTAL VIOLENT CRIME TASK FORCE 628.00 528.05 0.00 (0.05) SLESF (COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 107,926.00 90,524.69 0.00 17,401.31 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 854,600.00 640,94 0.00 213,650.01 TRANSFER OUT TOTAL LTG/LANDSCAPING FUND 0.00 0.00 0.00 0.00 0.00 54,600.00 64 ,949.99 0.00 213,6 0.01 INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0:00 0.00 0.00 0.00 TRANSFER OUT 2,224,999.00 421,183.74 0.00 1,803,815.26 TOTAL INFRASTRUCTURE 2,224,9 9.00 421,18Y74 0.00 1,803,815.26 ASSESSMENT DISTRICT 2000-1 0.00 0.00 0.00 0.00 COSTS OF ISSUANCE 0.00 0.00 0.00 0.00 TRANSFER TO AGENCY FUND 142,507.00 0.00 0.00 142,507.00 TRANSFER OUT TOTAL AD 2000-1 14 , .00 0900 0.00 142,507.00 7 3 10 CITY OF LA QUINTA 07/01/2003.3/31/04 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET TRANSPORTATION PROGRAM COSTS 63,050.00 63,050.06 0.00 (0.06) CONTRIBUTION 392,878.00 0.00 0.00 392,878.00 TRANSFER OUT 2,256,746.00 296,774.36 0.00 1,959,971.64 TOTAL TRANSPORTATION 2,712,674.00 359,824.42 0.00 2,3 2, 49. 8 PARKS & RECREATION INTEREST ON ADVANCE 0.00 61,959.34 0.00 (61,959.34) TRANSFER OUT 618,565.00 351,875.13 0.00 266,689.87 TOTAL PARKS & RECREATION 618, .00 413,834.47 0.00 2047Y6.53 CIVIC CENTER PROGRAM COSTS 0.00 2,905.80 0.00 (2,905.80) REIMBURSE GENERAL FUND 204,251.00 153,188.24 0.00 51,062.76 TRANSFER OUT 481,844.00 91,012.05 0.00 390,831.95 TOTAL CIVIC CENTER 686,095.00 247,106.09 0.00 438,98 .91 LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 TRANSFER OUT 4,074,930.00 215,157.90 0.00 3,859,772.10 TOTAL LIBRARY DEVELOPMENT 4,0 4,930.00 215,1 .90 0.00 3,859,7 2.10 COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0.00 STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK FACILITY 0.00 0.00 0.00 0.00 FIRE PROTECTION INTEREST ON ADVANCE 0.00 5,026.83 0.00 (5,026.83) TRANSFER OUT 1,500,000.00 1,141,732.87 0.00 358,267.13 TOTAL FIRE PROTECTION DIF 1,500,000.0 1,146,769.70 0.00 353,240.30 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, 00.00 0.00 0.00 4007000.0 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 88,131,239.00 9,974,734.91 0.00 78,156,504.09 PROJECT REIMBURSEMENTS TO GEN FUND 820,067.00 152,377.85 667,689.15 TRANSFER OUT 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT 88,951,306.00 10,1 7,112. 6 0.00 8,824,193.24 ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP ,00.00 0.00 0.00 OPERATING EXPENSES-APP 1 ,800.00 0.00 0.00 1,800.00 ,00.00 ART PURCHASES 502,409.00 28,375.00 0.00 474,034.00 TRANSFER OUT 149,253.00 16,190.51 0.00 133,062.49 TOTAL ART IN PUBLIC PLACES 656,962.00 44,565.61 0.00 61 ,396. 99 LG NORTE (97-1) CIP FUND 0.00 0:00 0.00 0.00 PROJECT EXPENSES 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL LO 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 74 11 CITY OF LA QUINTA OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET VILLAGE PARKING TRANSFER OUT (1,893.00) 0.00 0.00 (1,893.00) INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 694,781.00 309,323.46 0.00 385,457.54 TOTAL INFORMATION TECHNOLOGY FUND 694,781.00 309,323.46 0.00 385,457.54 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 380,641.00 160,065.95 26,106.33 194,468.72 TOTAL EQUIPMENT REPLACEMENT FUND 380,641.00 160,065.95 26106.33 194,468.72 �� 12 COUNCIL/RDA MEETING DATE: May 18, 2004 ITEM TITLE: Approval of the Declaration of Surplus Property RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Declaration of Surplus Property listed in Attachment 1 as surplus, and authorize staff to place a legal notice in the Desert Sun. In the event no bids are received for an item, the surplus equipment will be placed with an educational organization or discarded by legal means. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City has accumulated surplus, obsolete and non-functional property items over the last several years. The equipment has little or no market value. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Declaration of Surplus Property listed in Attachment 1 as surplus, and authorize staff to place a legal notice in the Desert Sun. In the r 0 event no bids are received for an item, the surplus equipment will be placed with an educational organization or discarded by legal means; or 2. Do not approve the Declaration of Surplus Property listed in Attachment 1 as surplus, and do not authorize staff to place a legal notice in the Desert Sun; or 3. Provide Staff with alternative direction. Respectfully submitted, John M. Falcdner, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1: Declaration of Surplus Property 2 ATTACHMENT E a .m W ii i 4. ... M n � N O LA LO 0m In N n O M n r- et N (D N O m V O V O V O U O V O V O V O U O V O V O V O 0 O 0 O 0 O V O V C m C ca C ca C ca C ca c ca c ca c ca C ca C ca C ca C ca C ca c ca c ca c ca c jL U- U-LL LL LL U-LL jJ;, LL LL U. U- LL LL U. :.....,> C C C �� O O LO_ O O �C O O 0 �C ;G �C �C m m N m m W O O T C 0 0 0 0 0 y= Q== Q U) N L CO U O U) U) "V 0 ZZZ 0 0>> Q Q Q Q G G C a: N 00 a) CY)u- Q O to O LO c) 00 00 .:.: � 00 N (O 00 �t I� d• 00 00 (G qt d• (O (O I� 000a)U) O O O � M M qt(7 O LOOtr)U)LOqtUnr (O (0 00 00 (0 qt 00 00 T- .4t LO (O CO . 0 V- � 00 M qt (O m M M M M M d' r- qt M M qt N N LO it� 00 LO � 0 M OD m N (O N N N IA N M 00 ^ M 00 O > N O O > N a) 3>s >>>>>>>> (D () 4) a) 4) 4) a) L 0 L 0 L 0 L 0 L 0 L o L a� +r L a) +. E E E E a E E E E 0 0 0 0 0 0 a -n—`. o 0 0 0 0 0 0 0 g g g g 3.. U U U U U U U U y. 00000000 LO LO C) 0 C) CY) C� C) �_�",� O ".. ti Lc)o aNaan. Lp to Ln L6 Ln n.a Lp O LA 0 0 0 J r, a N N N x q,, ca � ca ca ca ca ca ca C7 Q U W ca ca to U W A�, W „ .5 a w, W W v W 4-0 / G I V 4� cav aO(D0(D�c7c� CO 4- O c7 C7c7 4- c�1 a Im (M O 0 0 0 000 c c c c c C U U ii U- i fA V) y N N Q Q Q Q Q N 00 � N O � 00 LO N � U a� a c c y __ ca F- r- IL - y U o UL N U cv U O ` Q N •A' Lcm C ^^W N 0 U U- ns L Y O �' a) O"C-+ C O V O x c F- U o r aD x g M 4 e(P • AGENDA CATEGORY: OFT COUNCIL/RDA MEETING DATE: May 18, 2004 ITEM TITLE: Approval of the La Quinta Park Skate Park Concept RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: �\ STUDY SESSION: PUBLIC HEARING: Approve the La Quinta Park Skate Park concept and authorize California Landscape & Design, Inc to complete the project. FISCAL IMPLICATIONS: The La Quinta Park Skate Park project Design, Inc as a Design/Build contrac $241,447. The concept presented for established budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: t was awarded to California Landscape & with a design/construction budget of City Council consideration is within the On August 21, 2001, the City Council adopted a Resolution approving the application for grant funds from the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 (Proposition 12 and Roberti-Z'berg- Harris Urban Space and Recreation Block Grant Program [RZH Recreational Grant]). On February 21, 2003, the City submitted grant applications in the amount of $176,000 and $56,486, respectively, to the California Department of Parks and Recreation. These grants were approved in April 2003 and the City was authorized to proceed with the development of the skate park. On December 2, 2003, the City Council appropriated $100,000 from Quimby Funds, $56,486 from the RZH Recreation Grant and $176,000 from the California Department of Parks and Recreation Grant, added the Skate Park Improvements to the Fiscal Year 2003/2004 Capital Improvement Plan, approved a Request for Proposal (RFP) to Obtain Design Build Services, and appointed a Consultant Selection Committee. The proposed improvements were to include the installation of an approximately 14,000 square foot skate park amenity at the La Quinta Park located at the corner of Adams Street and Westward Ho Drive. It was anticipated the amenity would include a concrete bowl, modular skate ramps, and other incidentals. On December 22, 2003, the City received a single proposal in response to the City's RFP. The proposal was from California Landscape & Design, Inc. Following its evaluation of the proposal, the Consultant Selection Committee recommended California Landscape & Design, Inc. be awarded a Professional Services Agreement (PSA) in the amount of $241,447 to provide design build services for the La Quinta Park Skate Park, Project Number 2003-12. At the March 8, 2004 Community Services Commission meeting, the Commission received comment from the public regarding the components they would like to see incorporated into the skate park. On March 16, 2004, the City Council approved the PSA with California Landscape & Design, Inc. for the project. At the April 19 Community Services Commission meeting, the designer from California Landscape & Design, Inc presented three concepts of modular equipment and three concepts of concrete bowls for the Commission to select from in order to complete the skate park. Attachment 1 provides the final design the Commission is recommending. The Commission took input from the skating public and the recommended components are those the skaters would like to see at the La Quinta Park skate park. The master plan of the skate park design for the La Quinta Park included a 10,000 square foot area north of the basketball court, as provided in Attachment 2. When staff and the public considered the layout of the skate park at this site, the concept of incorporating the area west of the basketball court into the skate park was considered. Preliminary plans utilized that area in the design. However, once the final design was drawn, it was determined by staff and the designer that incorporating the additional area into the skate park would require a retaining wall along the west side, in addition to changing the light configuration from the original lighting layout. Therefore, the concept presented for City Council consideration utilizes only the original 10,000 square foot area, as presented in the park's master plan. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Approve the La Quinta Park Skate Park concept and authorize California Landscape & Design, Inc. to complete the project; or 2. Do not approve the La Quinta Park Skate Park concept and/or do not authorize California Landscape & Design, Inc. to complete the project; or 3. Provide staff with alternative direction. \fully submitted, Do3ie Hbrvitz, Community Services Director Approved for submission b Thomas P. Genovese, City Manager Attachments: 1. La Quinta Park Skate Park Concept 2. La Quinta Park Master Plan 03 U1 X X X • +: r r_• •ti � � r ••r•t, ',•+• •� � •:. � •',. •' � J'' 'r •� ?' •r •,I r•' J•, ' ... i •r . •ty ,. , ' • �,, '�OE•QF:SLCf,PE '• •rt:. 1 . :• �, .••. J Ti I 7 LA QUINTA SKATE PARK 79120 WE51WM W u QW& CA LAYOUT PLAN r= n 3 ATTACHMENT Now, lir 'VMS* Ell —Z6 at 4-A MATCHUNE OL- 83 7 on • • , • • p • • • / • • , 1 •,' . fir.. / • , • •. •S . , _ • S •• • • ••�,. • • • , •�• •.• �. ., •+ • • ; , �' ••'" ' •',' •-TOEQf 'sE �•• ; , •t •• • • , f. Go •" �• +• • 1 s f • • �. •.'.i• . �L • • •, •� �.'j , • d •• �1' ••�� ,'•�.r . I �� • ir• �� r tT T .� . .ri• . a� �� .� `1.. • S • ! •�... : �. .�.. �. • • t' , A.1t ion• ' ' •• CilF om . t :01- 4. 01 \00or 0 wo o , 1 r S• • •. • • • ,.• M � S �7<� 'i1�: LA QUINTA SKATE PARK X n1u a CAMD i �1 m Cw W 273K — Nw Ut CA 9i phme 9099H 16Q1 F.� 9(11 9 9l COUNCIL/RDA MEETING DATE: May 18, 2004 ITEM TITLE: Approval of an Art Purchase Agreement With Mark Leichliter for the Public Safety Officers Sculpture RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 6 STUDY SESSION: PUBLIC HEARING: Approve the Art Purchase Agreement with Mark Leichliter for the Public Safety Officers sculpture to be located on the Civic Center Campus. FISCAL IMPLICATIONS: The City Council previously allocated $100,000 from the Art in Public Places fund for this project. Additional funding is not required. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the June 3, 2003 City Council meeting, the City Council asked that the Cultural Arts Commission work on a memorial to be located on the Civic Center Campus in honor of fallen officers. The Cultural Arts Commission considered this item at their July 10, 2003 meeting and recommended that artist Bill Ware submit a concept for an Acknowledgement Area for Fallen Officers to be consistent with the design of the Acknowledgment Areas for Veterans, Sports Figures and Artists at the Civic Center Campus. At the August 5, 2003 City Council meeting, the City Council considered the Cultural Arts Commission's recommendation and directed staff to issue a Request 85 for Proposals (RFP) for a suitable art piece to acknowledge the officers and firefighters that serve the City. An RFP was issued and one proposal was submitted for City Council consideration at the December 2, 2003 City Council meeting, which was a firefighter holding a small girl. After some discussion, the City Council directed staff to redistribute the RFP for an art design that clearly signifies both fire and police safety personnel and allocated up to $1.00,000 for this project from the Art in Public Places account. An RFP was sent to approximately 35 artists and three proposals were submitted for the Cultural Arts Commission's review at their February 12, 2004 meeting. The Commission reviewed the following proposals: "Respect and Reunion" by Gary Alsum, "Badges" by Mark Leichliter and "Out of Harm's Way" by Jeffery Fowler. At the April 20., 2004 City Council meeting, the City Council selected the art piece "Badges" by Mark Leichliter (Attachment 1). Per City Council direction, the art piece dimensions were reduced to 10 feet by 7 feet with a natural stone or light marble background. In addition, the badges are to extend beyond the top of the stone. Currently, the officers contracted to serve the City of La Quinta have patches that designate the City of La Quinta, however, the badges that they wear reflect the Riverside County Sheriff's Department. It is Council's desire that the badges to be used as part of the art piece reflect the La Quinta Police Department instead of the Riverside County Sheriff's Department badge. The art piece is to contain a separate plaque with suitable language describing the public safety officers represented by the badges and what they mean to the community, specifically honoring Deputy Bruce Lee and all public safety officers and firefighters. Designing and approving a representational badge for the La Quinta Police Department would require a considerable amount of time. The City Council may then wish to design and approve a badge for the firefighers that also serve the City. Staff is researching the process as to the design and approval of a badge for the La Quinta Police and possibly the firefighters. This will be brought forward for City Council consideration once the research is complete. After hearing the Council's direction at the April 20 meeting, the artist agrees that a natural stone would be more appropriate for the Civic Center Campus and has selected a large piece of Dakota Sandstone in hues ranging from buff to yellow for this art piece. In addition, the $100,000 budget for this art piece was based upon stainless steel prices as of December 2003. According to the artist, stainless steel costs are escalating and he would like to purchase the materials before costs increase again. 02 80 Attachment 2 provides an Art Purchase Agreement in which the scope of work is outlined in broad terms until direction is given to the artist regarding the design of the badges and the wording for the plaque. Approving an Art Purchase Agreement at this time will enable the artist to purchase the materials at a cost within the budget for the art piece. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Art Purchase Agreement with Mark Leichliter for the Public Safety Officers sculpture to be located on the Civic Center Campus; or 2. Do not approve the Art Purchase Agreement with Mark Leichliter for the Public Safety Officers sculpture to be located on the Civic Center Campus; or 3. Provide staff with alternative direction. Resctfully ubmitted, r1p . f S%bmy V�r�. Dodie Horvitz, C Attachments: munity Services Director Approved for submission by: Thomas P. Genovese, City Manager 1 . Minutes from the April 20, 2004 City Council Meeting 2. Art Purchase Agreement with Mark Leichliter 03 87 City Council Minutes 3 AF ATTACHMENT 1 ' 7. APPROVAL OF CONTRACT CHANGE ORDER NO. 15 TO LUNDEEN PACIFIC . CORPORATION TO MAINTAIN THE LA QUINTA COMMUNITY PARK LANDSCAPING. 8. ADOPTION OF A RESOLUTION APPROVING A STREET CLOSURE PERMIT FOR THE ANNUAL DON BERRY MEMORIAL GREATER COACHELLA VALLEY SOAP BOX DERBY TO BE HELD MAY 1, 2004, ON AVENIDA BERMUDAS. (RESOLUTION NO. 2004-049) 9. APPROVAL TO FILE A FUNDING REQUEST FORM FOR A CALIFORNIA DEPARTMENT OF CONSERVATION' GRANT FOR CONTINUATION OF THE RECYCLING PROGRAM. 10. APPROVAL OF PROJECT APPLICATIONS FOR GRANT FUNDS FOR THE PER CAPITA AND ROBERTI-Z'BERG-HARRIS BLOCK GRANT PROGRAMS UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002. 11. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR A MEMBER OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES LEGISLATIVE ACTION DAYS CONFERENCE IN SACRAMENTO, CALIFORNIA, MAY 12-130 2004. MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and with Item No. 8 being approved by RESOLUTION NO. 2004-049. Motion carried unanimously. MINUTE ORDER NO. 2004-42. Council Member Osborne commented on Consent Item No. 4, and asked about the time period for repaying the loan. City Manager Genovese advised the pay -back time period will depend on building permit activity. He added the funds were set aside some years ago for this loan. In regard to Consent Item No. 6, Council Member Henderson asked how residents can find out what day their street is scheduled to be cleaned, noting some claim their streets are not cleaned. Mr. Genovese advised the information is provided in The Gem, and added staff will get that information to the residents if provided their names and phone numbers. BUSINESS SESSION --- 1. CONSIDERATION OF PUBLIC SAFETY OFFICER SCULPTURE PROPOSALS. Community Services Director Horvitz presented the staff report. 04 me City Council Minutes 4 April 20, 2004 Jerry Fowler, the artist for "Out of Harms Way," reviewed his art piece, and indicated the sculpture should be elevated at eye level. Council Member Sniff voiced a preference for an art piece with officers standing with a small child looking up at them, and the police officer wearing a helmet instead of a cap. Council Member Perkins agreed with having the officers standing but doesn't mind the officer wearing a cap. In response to Council Member Henderson, Ms. Horvitz confirmed Mr. Fowler's proposal is $25,000 over the budgeted amount. John Kincade, representing Mr. Alsum and Mr. Leichliter, stated Mr. Alsum is willing to combine two of his art pieces to provide a "Respect and Reunion" sculpture with a policeman, fireman, and child. In regard to the "Badges" sculpture, he indicated the black granite may geed to be changed to a lighter stone. He added the artists are willing to work with the police and fire departments for input on the representation. Council Member Henderson voiced support for the "Badges" sculpture but with a natural, rust -colored stone. She suggested a separate plaque be attached with wording indicating the art piece is inspired by and in memory of Deputy Bruce Lee. Mayor Adolph stated he feels the "Badges" sculpture shows simplicity and class but doesn't like the black granite. He suggested the policeman's badge read, "La Quinta Police" instead of "Riverside County Sheriff," and asked where the selected sculpture would be placed. Ms. Horvitz responded on the south side of the Civic Center Campus between City Hall and the Senior Center. She confirmed the art piece can be placed on a pedestal so people can walk around it. In response to Mayor Adolph, Police Chief Horton indicated he would like to have provided some input before the sculptures were created. In reference to the "Badges" sculpture, Council Member Sniff suggested six- foot -high badges extending beyond the top of a light-colored stone that is possibly light blue. He believes the plaque should honor all officers, and suggested statues of a policeman and fireman holding the hand of a child next to the "Badges" sculpture. City Council Minutes 5 April 20, 2004 Council Member Osborne agreed statues of officers next to the badges makes sense now and in the future. He supported getting input from the police and fire departments. Council Member Perkins stated he feels a sculpture with officers from both departments signifies how the two departments work close together. Council Member Henderson noted the addition of statues to the "Badges" sculpture would exceed the $ 100,000 budget, and suggested adding them in the future as a separate project. Council Member Sniff concurred and suggested reducing the sculpture two feet in width and height. He also agreed the wording should reflect "La Quinta Police." Mr. Kincade agreed with trying to use some type of indigenous stone, and commented on the possibility of doing something in round form. Council Member Sniff stated he feels the main objective is to get away from the starkness of the black granite. Council Member Perkins voiced an objection to changing the wording to "La Quinta Police" because he feels it doesn't give due respect to the Sheriff's Department. Council Member Sniff suggested referencing the officers as Riverside County Sheriff Department officers representing the City of La Quinta. Council Member Henderson agreed with making that reference in the language and putting "La Quinta Police" on the badge. MOTION - It was moved by Council Members Sniff/Henderson to approve the "Badges" art piece acknowledging Public Safety Officers with the following modifications: reduce the size to 10 feet by 7 feet; use natural stone or lighter marble; extend the badges above the stone background with La Quinta Police on the badge instead of Riverside County Sheriff but referencing the Sheriff's Department in the language on a separate plaque along with suitable language describing the public safety officers represented by the badges and what they mean to the community, specifically honoring Deputy Bruce Lee and all police and fire officers. .--- Council Member Osborne commented on the need to add life-size statues at some point in the future. ATTACHMENT 2 ART PURCHASE AGREEMENT THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this 18' day of May 2004, by and among THE CITY OF LA QUINTA, a California municipal corporation (the "City") and Mark Leitchliter, an individual (Artist). RECITALS A. The City Council is commissioning the fabrication and installation of certain ARTWORK (the "Artwork") to be installed and displayed by the artist on the Civic Center Campus (the "Site Location"). NOW, THEREFORE, the parties hereto, for the consideration and under the conditions hereinafter set forth, hereby mutually agree as follows: ARTICLE I. SCOPE OF SERVICES 1.1 Scope of Design Services. Artist shall prepare or cause to be prepared, any required approvals for all shop drawings, details, and samples, and shall do all other things necessary and incidental to the performance of the Artist's obligations pursuant to this Agreement. 1.2 Scope of Fabrication Services. Artist shall fabricate, transport -and install the Artwork pursuant to and by the times set forth in the Scope of Design Build Services and the Schedule of Performance attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this reference. The City shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit to the City monthly progress narratives, including photographs, as required by the Schedule of Performance (Exhibit B) . The narratives shall include the percentage of the Artwork completed to date, along with an estimated completion date. Artist shall furnish all tools, equipment, apparatus, facilities, plant, labor, services, materials, and all utilities and transportation, including power, fuel, and water, and to perform all work necessary to construct, transport and install in a good and workmanlike manner the scope of work set forth in the Scope of Design Build Services (Exhibit A), or reasonably inferable therein, together with the appurtenances thereto, at the Site Location. It is understood and agreed that all said plant, labor, services, materials, equipment, and facilities shall be furnished and said work performed and completed by Artist as an independent contractor, subject to the inspection and approval of the City or its representatives. The Artist shall present to the City in writing for further review and approval any and all significant changes in the scope, design, color, size, material or texture, of the Artwork not permitted by or not in substantial conformity with the approved working drawings and the S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement -Badges.doc Page 1 of 19 7.4 94. Scope of Design Build Services (Exhibit A). A significant change is any change in the scope, design, color, size, material, texture, or Site Location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services (Exhibit A) . Artist shall at all times maintain proper facilities and provide safe access for inspection of the Artwork by the City, its engineer or representatives, and to the sites wherein the Artwork is located prior to installation. Where specifications require work to be specially tested or approved, it shall not be tested without timely notice to the City, of its readiness for inspection and without the approval thereof, or consent thereto by the City. The Artist shall promptly notify the respective departments or official bodies when the artist's work is ready for inspection and the artist agrees, at once, do all work required to remove any violations or to comply with such inspections, without additional charge to the City. The Artist shall perform all work necessary to obtain approvals from the authorities mentioned above without additional cost to the City. 1.3 Change Orders. In addition to the change orders and extra work specified and provided for in the Scope of Design Build Services (Exhibit A), the City may at any time during the progress of the completion and installation of the Artwork and up to the date of the issuance of a Notice of Completion as hereinafter defined, when in the City's reasonable determination the public interest and necessity so require, request any alterations, deviations, additions to or omissions from this Agreement, Scope of Design Build Services (Exhibit A), or the work, labor and materials to be furnished there under, and the same shall in no way affect or make void this Agreement. Artist shall adhere strictly to the Scope of Design Build Services (Exhibit A), unless a change there from is authorized in writing. In such case, the terms of said change shall be understood and agreed upon in writing by the City and Artist before commencement of said revised work. 1.4 Post -Fabrication Services. a. The Artist shall notify the City in writing when fabrication of the Artwork is completed and ready for delivery and installation at the Site Location, which is designated in Exhibit E, attached hereto and incorporated herein by reference. b. Upon completion and at all times during fabrication and installation, the Artwork shall comply with all applicable statutes, ordinances and regulations of any governmental agency having jurisdiction over the Artwork. 1.5 Post -Installation. a. The Artist shall be available at such reasonable time or times as may be S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement -Badges.doc Page 2 of 19 '- 92 agreed between the City and Artist to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork. b. The City shall use reasonable efforts to arrange for publicity for the completed Artwork by local media and publications, and otherwise as may be determined between the City and Artist as soon as practicable following installation. C. Upon installation of the Artwork, the Artist shall provide the City with written instructions for appropriate maintenance and preservation of the Artwork. 1.6 Final Acceptance. a. The Artist shall advise the City in writing that the Artwork will become the responsibility of the City on the effective date of completion of the project and the acceptance as complete by the City. Following receipt of such notice the City shall cause the installed Artwork to be inspected by suitably qualified and appropriate professional(s), and within five (5) days following completion of such inspection(s), the City shall either provide the artist with reasonably specific written objections to the installed Artwork or notify the artist of its acceptance of the Artwork by a Notice of Completion in the form attached hereto as Exhibit D. Such Notice of Completion (Exhibit D) shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. b. Final Acceptance by the City of the ownership of the Artwork will occur at the filing of the Notice of Completion. At that time, the ownership and responsibility for the Artwork will rest with the City of La Quinta. 1.7 Risk of Loss. Upon receipt of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by the City. The Artist shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the Notice of Completion is made by the City. 1.8 Title. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall remain with the Artist during fabrication and installation, and shall pass and vest with the City upon issuance of Final Acceptance or Termination pursuant to Article IX hereof. 1.9 Payment: The artist shall be paid the compensation set forth in Exhibit C. The total compensation to be paid to the Artist shall not exceed. $100,000 ( one hundred thousand dollars) . ARTICLE II. TIME OF PERFORMANCE 2.1 Time. The Artist agrees to punctually and diligently perform all obligations under this Agreement. It is further understood and agreed that should the Artist fail to furnish the labor, Page 3 of 19 C•\rnmmisnity CPrvirac\ A rt Tn P.vhlir PlorPO A nrPPmPnte\ A rt Piirrhoea A (srPPmant _RorlrrPe rinr o • materials, equipment, and or services, to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Artist shall, in addition to any other penalties provided in the Agreement, be liable to the City for all losses or damages that either may suffer on account thereof. In the event Artist at the time refuses or neglects to supply a sufficient number of properly skilled workers or a sufficient quantity of materials of proper quality, or in effect be adjudicated bankrupt, or files a voluntary petition in bankruptcy, or commits any act of insolvency, or snakes an assignment, for benefit or creditors, without the City's prior written consent, or fails to make prompt payment to his material men and laborers, or fails in any respect to properly and diligently prosecute the work covered by this Agreement, or otherwise fails to perform fully any and all of the Covenants and obligations herein contained; then the City may, at its option, (1) after giving twenty-four (24) hours written notice to Artist and City as applicable, provide any such labor and materials as may be necessary ; or (2) terminate the Artist's right to proceed with the work and, in the event, the City, at its option, shall have the right to enter upon the Artist's warehouse and take possession, for the purpose of completing the work included under this Agreement, of the Artwork or any portion thereof, and all materials, tools, and appliances thereon, and may employ any other person or persons to finish the work and provide the materials therefore. In the event City provides labor and/or materials, as set forth in (1) above, or finishes the work, as set forth in (2) above, City may deduct the cost of such labor and materials and all costs incurred in finishing the work, if applicable, from any money then due or thereafter to become due to Artist under this Agreement until the work undertaken by the City is completely finished. At that time, if the unpaid balance of the amount to be paid to the Artist under this Agreement exceeds the expenses incurred by the City in providing labor and materials and/or in finishing Artist's work, such excess shall be paid by the City to Artist, but if such expense shall exceed such unpaid balance, then Artist shall promptly pay to City the amount by which such expense shall exceed such unpaid balance. The expense incurred by the City as herein provided, either for furnishing materials, or for finishing the work, and any damages incurred by the City by reason of Artist's default, shall be chargeable to, and paid by Artist, aforesaid, to secure the payment thereof. If the City elects not to terminate Artist's right to proceed, Artist agrees to reimburse the City for losses or damages resulting for the delay in speedy progress of work. If Artist should neglect to prosecute the work properly or fail to perform any provisions of this Agreement, the City, after ten (10) days written notice to Artist, may without prejudice to any other remedy it may have make good such deficiencies. In the event the City makes good such deficiencies, it may deduct the cost thereof from the payment then or thereafter - due Artist. In addition to specific provisions of Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock -outs, riots, floods, earthquakes, fires, casualties, supernatural causes, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplies, S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement -Badges.doc Page 4 of 19 .94 �o acts of the other party, acts or failure to act of any public or governmental agency or entity, including, without limitation, unreasonable delays in the processing and issuance of required permits for the installation of the Artwork by Artist (except that any act or failure to act of City shall not excuse performance by City) or any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. Notwithstanding the foregoing, market and economic conditions shall not entitle .Artist to an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within ten (10) days of knowledge of the commencement of the cause. In addition, times of performance under this Agreement may be extended by mutual written agreement by City and Artist. ARTICLE III. WARRANTIES 3.1 Title. The Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City that the Artwork is unique and original and does not infringe upon any copyright; (c) the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Artwork is free and clear of any and all encumbrances and/or monetary liens. 3.2 Quality and Condition. The Artist represents and warrants, except as otherwise disclosed to the City in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City. The warranties described in this Section 3.2 shall survive for a period of one (1) year after the Acceptance of the Artwork, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from after Acceptance of the Artwork. The City shall give notice to the Artist of any observed and claimed breach with reasonable promptness. The Artist shall, at the request of the City and at no cost to the City cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork) . ARTICLE IV. PERFORMANCE BONDS The Artist shall not be required by the City to post any performance bonds or similar undertakings, and any requirement of any other authority for performance bonds shall be the responsibility of the City. Nevertheless, Artist shall prevent any lien from attaching to the Artwork by any person claiming under Artist. S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement -Badges.doc Page 5 of 19 �-1 93 ARTICLE V. REPRODUCTION RIGHTS 5.1 General. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et seg., and all other rights in and to the Artwork except ownership and possession, except as such rights are limited by this Agreement. In view of the intention that the Artwork in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, dimensional reproductions of the final artwork, nor shall the Artist grant permission to others to do so except with the written permission of the City provided, however, that at such time as Final Acceptance by the City, the City alone may grant such approval. The Artist grants to the City and its assigns an irrevocable license to make two-dimensional reproductions of the Artwork for noncommercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications, provided that these rights are exercised in a tasteful and professional manner. 5.2 Notice. All reproductions by the City shall contain a credit to the Artist and denote its location, provided that United States copyright law protects the Artwork and reasonable substantiation thereof is provided to the City. 5.3 Registration. The Artist may at its expense cause to be registered, with the United States Register of Copyrights, a copyright in the Artwork in the Artist's name. ARTICLE VI. ARTIST'S RIGHTS 6.1 Identification. The City shall, at its expense, prepare and install at the site location, a plaque identifying the Artist, the title of the Artwork and the year of completion, and shall reasonably maintain such notice in good repair against the ravages of time, vandalism and the elements. 6.2 Maintenance. The parties recognize that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. 6.3 Repairs and Restoration. a. The City shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. To the extent practical, the Artist, during the Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that the City and the Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon the Artist's fee for such services. No fees shall be paid to Artist for repair or restoration due to a breach of the representations and warranties set forth herein. b. All repairs and restorations shall be made in accordance with recognized principles of conservation. Page 6 of 19^ C•\i'nmm.�nit,, CPrvirF.c\ A rt Tn P.�hlir 131onPc\ A nrPPmPntc\ Art ThirnhocP A rvrpPrnpnt _T2orlaAc rinn j~ �- 2 6.4 Maintenance and Alteration of the Artwork. a. The City shall maintain the Artwork in a manner that the City determines appropriate in its sole discretion. All decisions regarding alterations to the Artwork are within the sole and absolute discretion of the City. b. The City shall use its reasonable efforts to meet and consult with Artist prior to the time of making any alteration. If any alteration is made without the consent of Artist, Artist shall have the right to direct the City to remove Artist's name from the Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with the California Art Preservation Act, as set forth in Section 987 of the California Civil Code and the Visual Artists Rights Act of 1990, as set forth in 17 United States Code Annotated, Section 106A, and the rights and protection afforded Artist there under, and Artist hereby waives each and all of Artist's rights and protection under Section 987 of the California Civil Code and under 17 United States Code Annotated, Section 106A, to the extent such rights and protection are inconsistent with this Section 6.4; provided, however, that to the extent that the rights and protection afforded Artist under Section 987 of the California Civil Code are not inconsistent with this Section 6.4 or pertain to matters that are not dealt with in this Section 6.4, Artist shall retain such rights and protection. 6.5 Permanent Record. The City shall maintain a record of this Agreement and of the location and disposition of the Artwork. 6.6 Artist's Address. The Artist shall notify the City of changes in address. The City shall take reasonable effort(s) to locate the Artist when matters arise relating to the Artist's rights under this Agreement. 6.7 Surviving Covenants. The covenants and obligations set forth in this Article VI shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and the City's covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein. Upon the death of the Artist, the representative of Artist's estate shall assume the surviving covenants and obligations of Artist set forth in this Article VI. ARTICLE VII. ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and not as an agent, joint venturer, partner or an employee of the City. The Artist shall not: a. be supervised by any employee or official of the City; b. exercise supervision over any employee or official of the City; C. have authority to contract for or bind the City in any manner; or represent itself as an agent of the City; or otherwise be authorized to act for or on behalf of the City; 13 Page 7 of 19 (� r"`j SACommunity Services\Art In Puhlic Places\Aereements\Art Purchase Aereement-Badees.doc J I d. has status as the City's employee or has any right to any benefits that the City grants to its employees. ARTICLE VIII. ASSIGNMENT OR TRANSFER No party shall assign or transfer an interest in this Agreement without the prior written consent of the other parties, provided, however, that claims for money due or to become due from the City under this Agreement may be assigned to a financial institution without approval. ARTICLE IX. TERMINATION The City may, at either its option, by written notice to the Artist, terminate this Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in accordance with the terms hereof or any other breach by Artist of the terms of this Agreement, and such failure or breach continues uncured for fifteen (15) days following notice thereof from the City to Artist ("Termination for Default"), or (b) at any other time in the sole and absolute discretion of the City ("Discretionary Termination"). Termination for Default and Discretionary Termination are sometimes hereinafter collectively referred to as "Termination". Upon Termination, except as provided in this Article IX, all parties shall be released from all further obligations and liability hereunder. Effective upon a Termination, the Artwork, or so much thereof or has then been completed, shall be transferred to and shall belong to the City. In such event and upon Artist's written request, the City shall remove Artist's name from the Artwork. ARTICLE X. CONTRACTOR ADMINISTRATOR The Contract Administrator for this Agreement shall be the City Community Services Director. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City, the City Community Services Director shall represent and act for the City. ARTICLE XI. NON-DISCRIMINATION In carrying out the performance of the services designated herein, none of the Artist and the City shall discriminate as to race, color, creed, religion, marital status, national origin or ancestry, and the Artist shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended. ARTICLE XII. ENTIRE AGREEMENT This Agreement, and all of the exhibits attached hereto, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement -Badges.doc Page 8 of 19 1 98 herein and superseded hereby, except as set forth herein above. ARTICLE XIII. MODIFICATION No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. ARTICLE XIV. WAIVER No waiver of performance by any party hereto shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. ARTICLE XV. GOVERNING LAW 15.1 This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 15.2 In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, any party hereto may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County, municipal court, or in the Federal District Court in the district of California, which includes Riverside County. 15.3 If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees and expert witness fees, incurred by the prevailing party in connection with the legal action or proceeding. ARTICLE XVI. HEIRS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the City and Artist, and their respective heirs, personal representatives, successors and permitted assigns. ARTICLE XVII. NOTICES All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: Page 9 of 19 (�] C •\rnmmnnitu CPr%m-Pc\ A rt Tn Pnhli� UlonPc\ A arPPmPntc\ A rt AnrrhocP A arPPmPnt _Rwinpe Anr 9 3. a. if to the City, to: City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 Attention: Community Services Director 760-777-7032 b . if to the Artist, to: Mark Leichliter 2683 North Taft Avenue Loveland, CO 80538 (970) 667-2015 ARTICLE XVIII. INDEMNITY With respect to acts, errors or omissions in the performance of Artist's obligations hereunder, Artist agrees to indemnify and hold harmless the City and its officers, agents, employees, and representatives from and against any and all claims, demands, defense costs, liability or consequential damage of any kind or nature arising out of Artist's (including either of their subcontractors, agents, employees, assigns or licensees) negligent and/or willful acts, errors or omissions in the performance of Artist's obligations under this Agreement. With respect to acts, errors or omissions in the performance of the City's obligations hereunder, the City agrees to indemnify and hold harmless Artist from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising out of the City's (including its contractors') negligent and/or willful acts, errors or omissions in the performance of the City's obligations under this Agreement. The foregoing indemnities shall be in effect without regard to the maintenance of insurance coverage for any such loss, costs, claims, damages or expenses. ARTICLE XIX. INSURANCE 19.1 Policies . Throughout fabrication of the Artwork the Artist shall maintain Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability (employee and contractual exclusions deleted), Products/Completed Operations Liability, Broad -Form Property Damage and Independent Contractors' ($1,000,000) per occurrence, combined single limit, written on an occurrence form, and such other forms and amounts of insurance as the City Page 10 of 19 Q •\rnmmnnity QPr%Ao,-c\ A rt Tn Pnhlir P1or Pc\ A arPPmPntc\ A rt PnrohocP A rtrPPmPnt-RQA",-c rinr 100 V may deem necessary or desirable. All required insurance shall be evidenced by an insurance policy or policies (or the renewal or replacement thereof) reasonably acceptable to the City. Artist, as applicable, shall not proceed with any work nor receive payment under this Agreement until, among other things; the City has received the appropriate insurance certificates. Artist, prior to completion, shall maintain or cause to be maintained standard all- risk property insurance in an amount equal to or greater than the full replacement value of the Artwork. The Artist's General Liability policy required by this Agreement shall contain the following clauses: "The City of La Quinta and its officers, agents, employees, representatives, and volunteers are added as additional insured as respective operations and activities of, or on behalf of the named insured, performed under contract, with the City of La Quinta. " Prior to commencing any work under this Agreement, Artist shall deliver to the City insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clause referenced above. Also, within thirty (30) days of the execution date of this Agreement, Artist shall provide to the City an endorsement to the General Liability policy, which adds to this policy the applicable clause referenced above. Said endorsement shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by the City, it shall be the Artist's responsibility to see that the City receives documentation acceptable to the City, which sustains that the individual signing said endorsement is indeed authorized to do so by the insurance company. Also, the City has the right to demand, and to receive within a reasonable time period, copies of any insurance policy required under this Agreement. In addition to any other remedies the City may have if Artist fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option, terminate this Agreement. City's termination of the Agreement, however, is an alternative to other remedies theCity may have, and is not the exclusive remedy for Artist's failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Artist may be held responsible for payments of damages to persons or property resulting from Artist's, or Artist's respective agents' contractors' or subcontractors', performance of the work covered under this Agreement. ARTICLE XX. GENERAL 20.1 Any provisions of this Agreement, which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof, and such remaining , Page 11 of 19 Q•\('nmmnnity QPrvirPc\Art Tn Pnhlin P1onPc\ A nrPPmantc\ Art P.irnhocP A nrPPmPnt _RoA"Pc firm +n provisions shall remain in full force and effect. 20.2 Whenever in the specifications any materials or process is indicated or specified by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL", and Artist may offer any material or process which shall be equal in every respect to that 'so indicated or specified. 20.3 Artist shall not offer any substitute in said proposal or if a substitute so offered by Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one as shall be required by the City. 20.4 Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should the Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by the City. 20.5 The City shall give any subsequent owner of the Artwork written notice of the covenants contained herein, and shall cause each such successive owner to be bound thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. CITY: CITY OF LA QUINTA, a California Municipal Corporation an ATTEST: JUNE GREEK, City Clerk City of La Quinta, California THOMAS P. GENOVESE, City Manager City of La Quinta, California 4$ Page 12 of 19 C-%rnmmi,nity CPrv;ePv% A rt Tn Piihlir Plo v\ A nrPPmPntc\ A rt PsirrhocP A nrPPmPnt _PgA"Pc Ant 1 1� r) ,; 41 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ARTIST: S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement -Badges.doc Page 13 of 19 143 EXHIBIT A SCOPE OF DESIGN BUILD SERVICES I. SCOPE OF WORK 1. Artist shall furnish all labor, engineering, material, tools, equipment, etc., required to design the Artwork in accordance with the quality level and intent of the concept drawings as prepared by Artist and approved by the City, along with all governing agency requirements and code criteria. 2. Artist is responsible for submitting all required documents relating to the Artwork design to appropriate government agencies so that building plan check and all required permits may be obtained in a timely manner. 3. Artist shall immediately notify the City in writing of any cost impact or schedule impact whether increase or decrease, resulting from any modifications to the design. Any redesign fees or any other costs incurred by the City due to Artist's negligence or failure to keep the City informed of scope variances in a timely manner shall be charged to the Artist. 4. Artist shall complete the design in sufficient scale and detail as required by the City and governmental authorities for approval. The design documents shall bear the stamp of a professional Mechanical, Structural and/or Electrical Engineer(s) licensed in the State of California deemed necessary. 5. Artist's design and specifications shall be subject to approval by the City and its consultants. II. GENERAL ITEMS OF INCLUSION: As a further clarification to the plans and specifications, the work shall include but not necessarily be limited to the following: 1. Artist shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to the City prior to installing any material. The installation of any material constitutes the Artist's complete acceptance of all substrates as compatible with the work under this agreement. 2. Any work not provided for in this Agreement must be authorized by the City prior to the installation of such work. 3. Artist is responsible for all repairs or replacement of any existing property or work which is damaged as'a result of the performance of the work under this Agreement. 4. Artist shall provide for all unloading, hoisting, scaffolding, and bracing for the 0 S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement-Badges.doc Page 14 of 1910 4 Artwork. 5. Artist shall provide all drilling, coring, cutting, fastening, and welding required for the Artwork. 6. Artist shall provide all speciality lighting required to complete the artwork. 7. Artist shall supply all landscaping required to complete the Artwork. III. SPECIFIC ITEMS OF INCLUSION 1. The Artwork consists of: A large natural stone in earth tones with the dimensions of 10 feet wide by 7 feet tall by 2 feet deep and placed in the location designated on the Civic Center Campus. Two badges, approximately seven feet tall madeof two or more layers of bronze and stainless steel. The badges will look as though they are propped against each side of the stone. The badges will be created out of separated layers of bronze and stainless steel and will be cut using a waterjet process. The colors of the badges will contract with the natural stone. Each badge will be lighted from underneath to accentuate the depth and definition. The badges will permanently attached to the stone. Lighting will be installed to properly illuminate the art piece. The City will provide the model badges for the police and fire departments to be represented. The City will provide wording. to be etched upon the stone. The City will provide the wording to be etched upon a separate plaque to be located next to the main sculpture. This plaque will be displayed in a manner consistent with the main sculpture. ;�1 S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement -Badges.doc Page 15 of 19 ��J EXHIBIT B SCHEDULE OF PERFORMANCE SCHEDULING: The project will take approximately 180 days to complete the fabrication of the Artwork upon submission of the information from the City. Work will commence during the month of June 2004 and completed, installed and functioning by approximately November 2004, contingent upon submission of the information from the City. REVIEWS: There may be one review by the Cultural Arts Commission of the work in progress if the Commission deems it necessary . The project may be reviewed by the City Council as deemed appropriate. 22 S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement-Badges.doc Page 16 of 11 0 6 EXHIBIT C SCHEDULE OF COMPENSATION PRICE: Basic Contract: Total Not to Exceed SCHEDULE OF PAYMENTS: First payment due upon approval of Art Purchase Agreement (25%) Second payment due upon visual proof of purchase of stone and stainless steel (25%) Third payment due upon completion of fabrication of badges (25 %) Final payment due upon filing Notice of Completion (25%) $100,000 $100,000 $259000 $259000 $259000 $25,000 S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement -Badges.doc 23 Page 17 of 19 7 1 �,� � EXHIBIT D NOTICE OF COMPLETION FOR ARTWORK Piece of Artwork: WHEREAS, by that certain Art Purchase Agreement dated May 18, 2004 ("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation (the "City") contracted with Mark Leichliter (Artist) to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, the City shall furnish Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the parties hereto certify as follows: 1. As provided in the Agreement, the City does hereby certify that the fabrication and installation of the Artwork has been fully performed and completed. Any executory obligations pursuant to the Agreement, which are hereby incorporated herein by reference, shall remain enforceable according to their terms. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. IN WITNESS WHEREOF, the City has executed this certificate this day of , 2004. CITY OF LA QUINTA, a California municipal corporation by: S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement -Badges.doc Page 18 of 19 24 1 10 3 EXHIBIT E SITE LOCATION MAP �5 Page 19 of 19 S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement -Badges.doc c&r, y 4 sep Qulsrlw AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: M ay 18, 2 0 0 4 BUSINESS SESSION: ITEM TITLE: Approval of a Memorandum of Understanding be tween een Coachella Valley Association CONSENT CALENDAR: of Governments and the City for Allocating a Portion of STUDY SESSION: AB2766 Motor Vehicle Registration Fee Assessments to Coachella Valley Association of Governments for PUBLIC HEARING: Regional Street Sweeping Services RECOMMENDATION: Approve a Memorandum of Understanding (MOU) between Coachella Valley Association of Governments (CVAG) and the City allowing a portion of revenues derived from AB2766 Motor Vehicle Registration Fee Assessments to be forwarded from the City to CVAG for the Coachella Valley Regional PM-10 Air Quality Program. FISCAL IM PUCATIONS: Currently the City's portion of the reimbursement to CVAG for its participation in the Regional Street Sweeping Program is 33.33% of the City's allocation under AB2766 for vehicle registration fee revenue. The proposed MOU would increase this percentage from 33.33% to 45%, which equates to an estimated additional allocation of $4,016 to CVAG for Fiscal Year 2004/2005. CHARTER CITY IM PUCATIONS: None. BACKGROUND AND OVERVIEW: AB2766 funds are to be used to reduce emissions caused by motor vehicles consistent with requirements of the California Clean Air Act and the South Coast Air Quality Management Plan. Staff of the South Coast Air Quality Management District (SCAQMD) has stated it was the District's intention when allocating initial support to CVAG, that the portion of PM-10 in the Coachella Valley attributable to mobile sources be covered by local AB2766 funds allocated to CVAG to help continue the regional administration of the PM-10 Air Quality Program. In addition to the regional administration of the PM-10 Air Quality Program, CVAG's regional AB2766 reserve funds have been allocated to the Clean Streets Management Program to serve as a local match (1 1.47 %) for federal CMAQ funds (88.53 %) which fund the Regional PM-10 Street Sweeping Program. This amounted to $192,000 in regional AB2766 funds for Fiscal Year 2003/2004 and has depleted CVAG's reserve. CVAG received an air quality grant from the SCAQMD in the amount of$258,000 over the next three years to assist with the local regional match for the Regional PM-10 Street Sweeping Program. Their grant is tied to a dollar for dollar match from CVAG. Analysis,shows that CVAG will fall short of the dollar for dollar match to SCAQMD's grant. Member jurisdictions have therefore been asked to contribute additional AB2766 funds. At their March 29, 2004 meeting, CVAG's Executive Committee approved the modification of CVAG's AB2766 formula from 33% to 45% to help provide the local match of 1 1.47% required for federal funds for the Regional PM-10 Street Sweeping Program beginning July 1, 2004 through June 30, 2007. The funds accruing to CVAG from this MOU are designated for the regional administration of the PM-10 Air Quality Program as outlined by the "State Implementation Plan for PM-10 in the Coachella Valley" (CVSI P) which was adopted by the SCAQMD Governing Board in June 2002. Expenditures will be for salary and expenses relating to the ongoing management of the program such as staff, meetings, agenda preparation, publicity, community outreach, and local match for the Regional PM-10 Street Sweeping Program. In 1991, each CVAG jurisdiction passed an ordinance adopting the AB2766 Program, setting up a separate account from which to disburse and subsequently monitor and audit these revenues. Revenues are distributed quarterly by the SCAQMD, based on each jurisdiction's proportionate number of registered motor vehicles. Effective July 1, 2004, and for each quarter thereafter, the City shall forward an amount equal to 45 % of revenues to CVAG. CVAG shall likewise deposit all monies received as a result of this MOU in a separate account, and provide an annual report to each jurisdiction. This MOU shall continue in effect until or unless the AB2766 Motor Vehicle Registration Fee Assessments Program is discontinued, or the Coachella Valley Regional PM-10 Air Quality Program, as administered by CVAG, is discontinued or CVAG, for whatever reason, is dissolved or otherwise disbanded, whichever shall occur sooner. ill 2 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Memorandum of Understanding between . Coachella Valley Association of Governments and the City allowing a portion of revenues derived from AB2766 Motor Vehicle Registration Fee Assessments from the City to Coachella Valley Association of Governments for the Coachella Valley Regional PM-10 Air Quality Program; or 2. Do not approve a Memorandum of Understanding between Coachella Valley Association of Governments and the City allowing a portion of revenues derived from AB2766 Motor Vehicle Registration Fee Assessments from the City to Coachella Valley Association of Governments for the Coachella Valley Regional PM-10 Air Quality Program; or I Provide staff with alternative direction. Respectfully submitted, Ti othy R. Jtire as , P. E. ublic Work r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. AB2766 Memorandum of Understanding K ATTACHMENT 1 AB2766 MEMORANDUM OF UNDERSTANDING BETWEEN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND CITY OF LA QUINTA J ULY 1, 2004 This Memorandum of Understanding (MOU) is made and entered into by and between the Coachella Valley Association of Governments (CVAG) and the City of La Quinta. The purpose of this MOU is to documentthe parties' understanding of and responsibilities for the allocation of a portion of the funds received by the City of La Quinta from revenues derived from the AB2766 Motor Vehicle Registration Fee Assessments Program to CVAG for the Coachella Valley Regional PM10 Air Quality Program. BACKGROUND AB2766 funds are to be used to reduce emissions caused by motorvehicles consistentwith requirements of the California Clean Air Act and the South Coast Air Quality Management Plan. Staff of the South Coast Air Quality Management District (SCAQMD) have stated it was the District's intention when allocating initial supportto CVAG, that the portion of PM10 in the Coachella Valley attributable to mobile sources be covered by local AB2766 funds allocated to CVAG to help continue the regional administration of the PM10 Air Quality Program. In addition tothe regional administration of the PM10Air Quality Program, CVAG's regional AB2766 reserve funds have been allocated to the Clean Streets Management Program to serve as a local match (11.47%) forfederal CMAQ funds (88.53%) which fund the Regional PM10 Street Sweeping Program. This amounted to $192,000 in regional AB2766 funds for fiscal year 2003-04 and has depleted CVAG's reserve. CVAG received an air quality grant from the South Coast Air Quality Management District (AQMD) in the amount of $258,000 over the next three years to assist with the local regional match for the Regional PM 10 Street Sweeping Program. Their grant is tied to a dollar for dollar match from CVAG. Analysis shows that we fall short of the dollar for dollar match to AQMD's grant. Member jurisdictions will therefore need to contribute additional AB2766 funds. At their March 29, 2004 meeting, the Executive Committee approved the following motion: "That the Executive Committee approve the modification of CVAG's AB2766 formula from 33% to 45% to help provide the local match of 11.47% required for federal funds for the Regional PM10 Street Sweeping Program beginning July 1, 2004 through June 30, 2007. AB2766 MODEL MOU 4/29/04 4 113 RESTRICTIONS The funds accruing to CVAG from this MOU are designated forthe regional administration of the PM 10 Air Quality Program as outlined by the "State Implementation Plan for PM 10 in the Coachella Valley" (CVSIP) which was adopted by the SCAQMD Governing Board in June, 2002. Expenditures will be for salary and expenses relating to the ongoing management of the Program such as staff, meetings, the preparation of agendas, publicity, community outreach, and local match for the Regional PM 10 Street Sweeping Program. PROCEDURE In 1991 each CVAG jurisdiction passed an ordinance adopting the AB2766 Program, setting up a separate account from which to disburse and subsequently monitor and audit these revenues. Revenues are distributed quarterly by the SCAQMD, based on each jurisdiction's proportionate number of registered motor vehicles. Effective July 1, 2004, and for each quarter thereafter, the City of La Quinta shall forward an amount equal to 45% of revenues to CVAG. CVAG shall likewise deposit all monies received as a result of this MOU in a separate account, and provide an annual report to each jurisdiction. CANCELLATION CLAUSE This MOU shall continue in effect until or unless the AB2766 Motor Vehicle Registration Fee Assessments Program is discontinued, or the Coachella Valley Regional PM 10 Air Quality Program, as administered by CVAG, shall be discontinued or CVAG, for whatever reason, is dissolved or otherwise disbanded, whichever shall occur sooner. EXHIBIT A: AB2766 Funds for 2002-03 and 1st Quarter 2003-04 EXHIBIT B: Revenue and Expenditures Projections for Fiscal Year Ending 6/30/2005 EXHIBIT C: Sample of impacts of increase in current formula to jurisdictions COACHE V SSOCIATION OF GOVERNMENTS By: Date: Title:. Chairman CITY OF LA QUINTA Title: Date: 114 AB2766 MODEL MOU 4/29/04 F.WranklinTWO Air Quality\AB 2766Vtxisdictional A8275 MOU.wpd 44 Z W x z ai W 0 0 IL 0 z 0 0 ttt� V M W tttJ ntJ 0 V M ii 0 M► i 0 A C we IL Z q 0 fr• do ` m M Z m � V � e 40 t� X > O �. m C 4 to N iA (Oo' e- to to M to iA N N iR N V EA V: � N EA to et � iA 77 � E9 N M C4) o c O YW C > O E� � m $ 7E � c v o� W F m con 0) a 0) t U)i, I-- V- G > 0 to (o N d (D Ni eat V N 1n N C! 0)M CNO g to 1A o N Lo N st 4 e- Co UA w ccoo, 0) N 0)� ti N N�� 0 > O 1` O ti tC) CO CD ti 0 O M M Go O ti O Lo O O O to t17 (o O > U. f- to iR i9 iR i- fA r- 49. vw ifH tH N 6% N � m �j N ti M C) GNi M ti N CMO M m .. > O ti m O C C cn m w m N CV e- N d 4(o w Q fa cN i9 fi _ � m COO. 0) N C) ti Lo N N O coo O V- qt I— M 0- t O CO : N It 11 g E _� N u) N � � (o cth — 40 m M 0 U CM 'It. cl � to > N O M cV O ti CV Di M O g '� 00 O � N W O M O ti w to 0 W M C) O N 1- 11 w Eo 4 N V N cl cli Co con" 8 N m et O L(7 O O O to N LA N O. ti N 3 y M M Co O O ti ti of to M -t (No ti W E M N et M N et N 4 �r Co M Q 7 m � to ci O C7 U N N Q _ c (D c U 0 coo m a) `o E E c 9 m 0 o 0 (D 0.� c_i a a w N O � (o C) 10 r� M I- M La LO CD CO N M a0 m N 00 N O CQ M U.OD 1` M CO N N 'M c✓ r- a CNN N M CD w 0) iA fA d0 iR 10 tH 4m, co g tR40 iA i�9 49, ti O c) M co O et O O N Co W T— O 1- ti O V- (C to to O M O CV N ", ti C Ca V) c Q qt lwt ti O 'R M LO O O 1` O It 1` co N C) r� O O O M f` cn r- O N N 4 N O m r- e- cf) N IL CO N CO LO (M et cM t() aD i- d; O W) f` 't e- N N C71 O r- C4 d O N- O M O C a o N N N it LLL Goo N V) M M 1-- O N N qo C) o) iR 69 CD M(D M co N O U') to COO C� ~p - N i1 - ti e- (o 00 O � O c N LA LA .- � f` t17 .a0 ok c e- y c N Co 1 1` a- a- M M M N W a C) � V) ti M N 0) ccn (M a0 ((o o) 00 it C) Ci N r• 1` (D CD CD ►: CA N M O O 00 to N M e- et LO Co LO •'- (` O ti 00 o 4 0 o W Cn I� Ln 00 N N ti Co CM�i � � ti? co U N cn Q cts 0 o 0� a� c •... o v a� CO 0U� t � N s Cco j EXHIBIT "B" COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AB2766 - REVENUE AND EXPENDITURES PROJECTIONS FOR FISCAL YEAR ENDING JUNE 309 2005 Current Percentage (33.33%) Revenue: Investment income 1,000 AB2766 Revenue 135,867 Total Revenues 136,867 Expenditures: Operating expenditures - CVAG (66,000) CMAQ program match - CVAG (7,000) Proposed contracts (3,000) Nick Nickerson's contract match (7,000) Street Sweeping Contract Match - CVAG ($172,050 - 50% AB2766; 50% AQMD) (86,025) Total Expenditures (169,025) Balance after projected FY2004/05 operations (32,158' AB2766 FUND BALANCE Balance as at 6/30/03 FY2003/04 PROJECTIONS Revenue: Investment income AB2766 Revenue Total Revenues Expenditures: Operating expenditures - CVAG CMAQ program match - CVAG Proposed contracts Nick Nickerson's contract match Street Sweeping Contract Match - CVAG Total Expenditures Balance after projected FY2003/04 operations Cash flow needed for the program Remainder for program 1,000 132,821 (66,000) (7,000) (10,000) (7,000) (194,514) 307,714 133,821 (284,514) 157,021 (141,321) 15,700 Proposed Percentage (45.0%) 1,000 183,435 (66,000) (7,000) (3,000) (7,000) 1-84,435 (169,025) 15,410 In FY 2004/05, cash flow needed will be less: 157,021 125,000 32,021 V1 z .W W O� N r�TTi.. F� O.� z D H U Op�w t/1zO �Oa a W � z z O U aho a� xaa � O U � � W � N U � w 000. r-, � 00 .--� 00 v M 00 M M wl N O O r. o� \G N w A z o Go-, 6 a � ..� v� Oo o w 4n --� N 00 � d' t� O •--� O� O� M N Nt �C r•i r•.+ •� to QI o O O� 00 N o� et M 00 r- 00 �i et M K1 M en M' O M M M w rl 0.N-i N l N ON rn 00 4 ONOO O N CN1w M 0000 cn GO N M — N N N 69 EI9 to 69 69 69 (A Er4 69 69 69 oo,•--� M O O vi 0 ON ON o�0 e .4 00. M o0 o� �p •-+ w N M N O M a6q 6,4 64 69 69 69 69 °Ov tn N w ono t 00% o N O\ M to 00 00 00 N d v�1 O M N � �t ' U CD 06 N 0 N "-4N N N en 00 "-I 'd 69 64 69 V% 64 64 69 bl9 Wl ss 64 .-� .--� .-+ 00 \O �o • etM, 00 to 4 r- �o %p �D ^ W COD 00 00 O N ~ A•--� tn O O v^ N M 0�0 N M N t� A N N N N .-i h vi d a 69 69 69 69 6+4 6R 69 6R 69 69 69 1-4 0 :U .� 4 4 o a� o b U U Ab a a. `Uc x E-4 a4 s 117 Pz CV 01; AGENDA CATEGOR i : COUNCIL/RDA MEETING DATE: May 18, 2004 BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution Accepting a CONSENT CALENDAR: Quitclaim Deed from Topaz Associates, L.P., a California Limited Partnership, for a Flood Regulation STUDY SESSION: Basin and Open Space, Lot D of Tract No. 25363-2, PUBLIC HEARING: APN 604-345-006 RECOMMENDATION: Adoption of a Resolution accepting a Quitclaim Deed from Topaz Associates, L.P., a California Limited Partnership, for a flood regulation basin and open space, Lot D of Tract No. 25363-2, APN 604-345-006 (Attachment 1), and directing the City Clerk to have the deed recorded at the Riverside County Recorder's office. FISCAL IMPLICATIONS: The existing retention basin, Lot D within the La Quinta Del Rey subdivision (Attachments 2 and 3), has been maintained by the City's Landscape and Lighting District for some time. There is no payment required for accepting the property, as this dedication was a condition of development for Tract No. 25363-2. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The construction and offer of dedication of easement to the City of La Quinta for the retention basin was a condition of the La Quinta Del Rey development project and recorded in the City's favor on the Final Tract Map No. 25363-2. However, maintenance requirements remained the obligation of the developer into perpetuity in accordance with the tract conditions if the City opted not to accept the dedication. Over the years, the City incorporated maintenance of this retention facility within its Landscape and Lighting District, as the developer has not maintained the site for some time. 1*18 At the time of development of La Quinta Del Rey, buildable lots were offered as retention basin easements for flood regulation purposes. The retention basin easement was done in a manner so as to allow the developer to regain full use of the property in the event the City determined that sufficient flood control facilities have been constructed as to eliminate the need for the flood basin. The county assessor's office continued to hold this lot as a taxable property and annually sent a tax bill to the property owner (i.e., the developer). By accepting the Quitclaim Deed for this flood regulation basin, the City will maintain its right to treat public water that currently drains from several city streets onto the lot and will eliminate the confusion of the buildability of this lot by removing it from the assessor's roles. Staff therefore recommends that this dedication be accepted to eliminate any confusion regarding the status of this property in the future. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve and adopt a Resolution accepting a Quitclaim Deed from Topaz Associates, L.P., a California Limited Partnership, for a flood regulation basin and open space, Lot D of Tract No. 25363-2, APN 604-345-006, and direct the City Clerk to have the deed recorded at the Riverside County Recorder's office; or 2. Do not approve and adopt a Resolution accepting a Quitclaim Deed from Topaz Associates, L.P., a California Limited Partnership, for a flood regulation basin and open space, Lot D of Tract No. 25363-2, APN 604-345-006, 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, - - I I,--% imothy ona s n, P.E. Public Works Dire for/City Engineer 2 119 Approved for submission by: Joe, homas P. Genovese, City Manager Attachments: 1. Quitclaim Deed 2. Vicinity Map 3. Tract Map No. 24517 (Lot D) 314o RESOLUTION NO. 2004-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A QUITCLAIM DEED FROM TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP, FOR A FLOOD REGULATIN BASIN AND OPEN SPACE, LOT D OF TRACT NO. 25363-2, APN 604-345-006 WHEREAS, the construction and offer of easement for the retention basin Lot D of Tract No. 25363-2 (APN 604-345-006) was a condition of approval, for the La Quinta Del Rey development project; and WHEREAS, the property so offered for dedication by Quitclaim Deed is more fully described in Exhibit "A" hereto, which description is incorporated herein as though set forth in full (hereinafter referred to as the "Dedicated Property"); and WHEREAS, the retention basin was subsequently installed and easement offered by the developer of the La Quinta Del Rey development project on the Dedicated Property; and WHEREAS, the City now desires to accept said Quitclaim Deed, in order to avoid any confusion as to the permitted use of the Dedicated Property and to ensure the continued maintenance of the property for flood basin purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City Council hereby accepts the Dedicated Property. Section 2. The City Clerk shall file this Resolution accepting the Quitclaim Deed for recording by the County Recorder. 4 �� Resolution No. 2004- RW-D 2004-052 Adopted: May 18, 2004 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 18th day of May 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 5 1 ,n �- RECORDING REQUESTED BY: ATTACHMENT 1 WHEN RECORDED RETURN TO: CITY OF LA QUINTA Post Office Box 1504 La Quinta, CA 92253-1504 Space above this line for Recorder's Use QUITCLAIM DEED Documentary Transfer Tax is: $ ❑ unincorporated area 0 City of La Quinta Parcel No. 604-345-006 ❑ computed on full value of interest or property conveyed, or ❑ computed on full value of liens or encumbrances remaining at time of sale FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, TOPAZ ASSOCIATES, LP, a California limited partnership, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to THE CITY OF LA QUINTA, a California municipal corporation, the following described real property in the County of Riverside, State of California: SEE EXMIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE Dated: April 2004. TOPAZ ASSOCIATES, LP, a California limited partnership, By: Century Crowell Communities, LP, a California Limited Partnership, Its Managing Partner Century Homes Communities, a California Its General LE 0 ary eintraub, e President MAIL TAX STATEMENTS TO THE RETURN ADDRESS SET FORTH ABOVE RVBUS\RD\664561.1 6 4,2 3 3/11/04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On this 2nd Day of April, 2004 before me, Nicole F. Barron-Armijo, Notary Public, personally appeared Tony P. Scimia and Gary Weintraub, personally known to me, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entities upon behalf of which the persons acted, executed the instrument. this area for official Notarial Seal WITNESS my hand and official seal. mr-_ 0 IF V.&'! us •• • • • r ----------- -------------- ------- I ---------------- 1--A NICOLE F. QAARRON•ARMUI COMM. #1384988 Z NOTARY PUBLIC - CALIFORNIA 3 Z SAN BERNARDINO OOUNTY •i My Comm. Expires Nov.17. 2006 DOCU T TYPE Quitclaim Deed Topaz Associates LP Quitclaims to City of La Quinta Lot D - Tract 25363-2 EXMIT "A" LEGAL DESCRIPTION That certain real property situated in the City of La Quinta, County of Riverside, State of California, more particularly described as follows: Lot "D" of Tract 25363-2, as shown by Map on file in Book 263, Pages 33 through 35, inclusive, of Maps, Records of Riverside County, California. SUBJECT TO: Agreements, covenants, conditions, restrictions, easements, reservations, rights, declarations and rights -of -way of record. RVBUS\RD\664561.1 8 1 � J 3/11/04 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Quitclaim Deed dated April , 2004, from Topaz Associates, LP, a California limited partnership, to the City of La Quinta, a California municipal corporation, is hereby accepted by the undersigned officer pursuant to authority conferred by Resolution No. of the City Council of the City of La Quinta, California, adopted on , and the City of La Quinta consents to the recordation thereof by its duly authorized agent. CITY OF LA QUINTA, a California municipal corporation M Title: ACKNOWLEDGMENT STATE OF CALIFORNIA ss. COUNTY OF On , 2004, before me, , a Notary Public in and for said state, 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. Signature (Seal) RVBUS\RD1664561.1 91 6.0 3/11/04 ATTACHMENT 2 14 r - A ) acY MAP NO SCALE v 10 1 427 ATTAr-NUF=?JT 3 ENGINEER'S NOTES SEE SHEET 2 IN THE CITY OF LA OUINTA, SHEET 3 OF 3 SHEETS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 25383ft2 BEING*A SUBDIVISION OF A PORTION OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE A010 MERIDIAN, SHOWN AS "REMAINDER PARCEL" OF TRACT 25363-1 AS SHOWN BY MAP ON FILE IN BOOK 257 OF MAPS, PAGES 53 THROUGH 56, THEREOF, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA ESGATE ENGINEERING DECEMBER 1996 0 30 60 120 180 240 SCALE:1" -60' LINEDATA hZ REARINS D1STANC LI ((< I. 20' 50' 06' E. 20.50'> L2 (<II. 27 15' 46' E. 37.44'>) L3 N. 45' 12' 2W W. 21.2V L4 N. 44' 47' 34' E. 21.2 V L5 N. 44' 47. 32" E. 35.36' CURVE_ hi DATA DELM BAQIUS ARC LENGTH IANGENI MONUMENT NOTES C1 (<07 07' 42" 380.00' 14.12' 7.06'>) Oj FgRp Y I.P. W/METAL DISK STAMPED R.C.E. 273". C2 (<01' 33' 21' 380.00' 10.32' 5.16'>) maim, PER MACT NO. 23935-1, M6 223/24-29. C3 (<IV 40' 55' 12" 320.00' 350.00, 104.34' 157.83' 52.64>) $0.28' © FOUND I" LP. W/METAL Oft STAMPED R.C.E. 21884, C4 C5 25 50' 25 50' If 320.00' 144.30' 73.40' RUSH, PER TRACT NO. 23935-3. M8 246/59-61. C6 25' 50' 12" 380.00' 171.36' 87.16, © FOUND I' L►. W/METAL DISK STAMPED R.C.E. 21864. C7 17 14' 14" 100.00' 17.87' 8.96, FLUSH, PER TRACT NO. 23936-5. Will2S1/SO-5]. C8 110' 28' 2C 70.00' 134.97' 100.86, © FOUND 1' I.P. W/METAL DISK STAMPED R.C.E. 2111114, C9 09' 37' 50" 70.DO' 11.77' 5.90, RUSH. PER TRACT NO. 23935-6. M8 255/75-77. C10 C11 4J 39' 04" 5T Iv 34' 70.00, 70.00'. 53.33' 59.87, 28.03' 38.16, FOUND I' I.P.W/METAL DISK STAMPED R.C.E. 21884. © FLUSH, PER TRACT NO. 26188. All251/54-56. C 12 06 46' 36" 320.00' 37.95' 18.95, C13 IV 03' 31r 320.00' 106.45' 53.72' FOUND 1' LP. W/METAL DISK STAMPED R.C.E. 21884, FLUSH. PER TRACT NO. 2S76]-1. M8 257/53-56. c 14 (,<19• zs, S7• ' 350.- M le.7l' 59.1pi5) C/5 (< e3•2o Ms". 1SD•� '1Z. SO q S0' /f.3/'» �•7S>) FOUND V I.P. WAXIAL DISK STAMPED R.C.. 21684, C/6 C<e/' 39'=MP yS0.Oe' FLUSH, PER TRACT NO. 27699, M6 �lLAL-sue 371 38 j 1 1 P 3 I5 6 1 7 I 1 I rFa�1 CT I 1 535t-3- / I I a I I � /9 j j I i A/.B. 151, RGS 53-56 I I I �l� I I I I(<NB9'47'32"IE I 527.70' ) I ---1------ 72.75' 72.75' 72.75' 72.75' 1 72.75' 74.00' 89.95' h C M. ;. ;. 3.byn�L? ASS• K103iia" 2t9 I 27 g 1 �g Z ,g .3 Ng 4 Ng 5 NO Nrn 7 _ V� ^obi N� ¢�� N� 6 A CI i 6 sr rr --1------- ��75r - 5 3 =Tf.. C 99.99, as i i A N89'47'32'E DESERT STREAM DRIVE 99.99' g - A �; ` g pa IiJi ------- - - -ta- Tr- - 75.00- -L 7683 AC) R NOW 7'32"E 279.99' - - - 4 S _ ' ` � 0 v --7- --- 72.71 _ _7L7,� _ _� _ li A �+ v I 15 A S P'�.E._�I I 26 ^ m 9 10 10 am ; 11 1.I 3aaa 31L60'^ I I 15 I g B N lg 8 "r A I OD 72.75' 7 .7S' 76.74' �I�� T MPORARY EASEMENT FOR R I N89'47'32 E 294.99 6^ A u II STORM WATE N (� PER INST. NO 023244, 1-25-95 re 16/ N ; 3 1$� c� 3E g 15 D 14 1,3 N 12 p•. Ci I M71 I I ;' C7 LOT T" N 15 A fi N DRA/N64GE AND OPEN SPACE -s5 - {-�2 s'- - ,-74 =�� LS "I I EASEMENT DED/GATED HEREON N -------- � � N89'47'32"E 1 2 $9.99' ( $ I (2.76 AC) v N89'47'32"E Amur PLACE - 324.99' _ }_ C11 --------- - 7 R N89'47'32'E (0.3843 AC) 224.39' g M1 C8 \ PEDESTRIAN ACCESS A_N g�`9 C1 . �N 30.00( EASEMENT DEDICATED W. ; REN 13 i 14 o �N2 4Dp 19 I 72.75' 72.75' 72.75' 76.00' 80.00' = 299.44' (<10.02>) (< N89'37'10"E 673.69' >) CITY of LA QUINTA %n Sit No. 97015 106 ceit!t 414P Qumr4,� COUNCIL/RDA MEETING DATE: May 18, 2004 ITEM TITLE: Adoption of a Resolution Accepting a Quitclaim Deed from Rancho Ocotillo, L.P., a Delaware Limited Partnership, for a Flood Regulation Basin Located at 44-425 Camino Azul, Tract No. 24517, APN 604-191-006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution accepting a Quitclaim Deed (Attachment 1) from Rancho Ocotillo, L.P., a Delaware Limited Partnership, for a flood regulation basin located at 44-425 Camino Azul, Tract No. 24517, APN 604-191-006, and direct the City Clerk to have the deed recorded at the Riverside County Recorder's office. FISCAL IMPLICATIONS: The existing retention basin, located at 44-425 Camino Azul within the Rancho Ocotillo subdivision (Attachments 2 and 3), has been maintained by the City's Landscape and Lighting District for some time. There is no payment required for accepting the property, as this dedication was a condition of development for Tract No. 24517. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The construction and offer of dedication of the retention basin was a condition of the Rancho Ocotillo development project. A Declaration of Dedication for flood regulation basins was recorded in the City's favor in January 1990 (Attachment 4). However, maintenance requirements remained the obligation of the developer into perpetuity in accordance with the tract conditions if the City opted not to accept the dedication. Over the years, the City incorporated maintenance of this retention facility within its Landscape and Lighting District, as the developer has not maintained the site for some time. S:\CityMgr\STAFF REPORTS ONLY\5-18-04\C 7 24517.doc Jig At the time of development of Rancho Ocotillo, buildable lots were dedicated by the developer as a retention basin for flood regulation purposes. The dedication was done in a manner so as to allow the developer to regain full use of the property in the event the City determined that sufficient flood control facilities have been constructed as to eliminate the need for the flood basin. The county assessor's office continued to hold this lot as a taxable property and annually sent a tax bill to the property owner (i.e., the developer) . By accepting the Quitclaim Deed for this flood regulation basin, the City will maintain its right to treat public water that currently drains from several city streets onto the lot and will eliminate the confusion of the buildability of this lot by removing it from the assessor's roles. Staff therefore recommends that this dedication be accepted to eliminate any confusion regarding the status of this property in the future. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution accepting a Quitclaim Deed from Rancho Ocotillo, L.P., a Delaware Limited Partnership, for a flood regulation basin located at 44-425 Camino Azul, Tract No. 24517, APN 604-191-006 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 Rancho Ocotillo, L.P., a Delaware Limited Partnership, for a flood regulation basin located at 44- 425 Camino Azul, Tract No. 24517, APN 604-191-006 and do no 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, 4ubolic thy R. ass , P.E. Work irec /City Engineer T:\PWDEPT\COUNCIL\2004\05-18-04\C 7 24517.doc 2 130 Approved for submission by: 10, Thomas P. Genovese, City Manager Attachments: 1. Quitclaim Deed 2. Vicinity Map 3. Tract Map No. 24517 (Lot 78) 4. Declaration of Dedication T:\PWDEPT\COUNCIL\2004\05-18-04\C 7 24517.doc 3 131 RESOLUTION NO. 2004-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A QUITCLAIM DEED FROM RANCHO OCOTILLO, L.P., A DELAWARE LIMITED PARTNERSHIP, FOR A FLOOD REGULATIN BASIN LOCATED AT 44-4425 CAMINO AZUL, TRACT NO. 24517, APN 604-191-006 WHEREAS, the construction and offer of dedication of the retention basin located at 44-425 Camino Azul, Lot 78 of Tract No. 24517 (APN 604-191-006) was a condition of approval for the Rancho Ocotillo development project; and WHEREAS, the property so offered for dedication by Quitclaim Deed is more fully described in Exhibit "A" hereto, which description is incorporated herein as though set forth in full (hereinafter referred to as the "Dedicated Property"); and WHEREAS, the retention basin was subsequently installed by the developer of the Rancho Ocotillo development project on the Dedicated Property; and WHEREAS, a Declaration of Dedication for the flood regulation basin was accordingly recorded with the County of Riverside on January 6, 1990; and WHEREAS, the City now desires to accept said Quitclaim Deed, in order to avoid any confusion as to the permitted use of the Dedicated Property and to ensure the continued maintenance of the property for flood basin purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City Council hereby accepts the Dedicated Property. Section 2. The City Clerk of the City of La Quinta shall file this Resolution accepting the Quitclaim Deed for recording by the County Recorder. 1 � n 4 Resolution No. 2004- RW-D 2003-051 Adopted May 18, 2004 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 18th day of May, 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California RECORDING REQUESTED BY: ATTACHMENT 1 WHEN RECORDED RETURN TO: CITY OF LA QUINTA Post Office Box 1504 La Quinta, CA 92253-1504 Space above this line for Recorder's Use QUTPCLAIM DEED Documentary Transfer Tax is: $ ❑ unincorporated area 0 City of La Quinta Parcel No. 604-191-006-1 ❑ computed on full value of interest or property conveyed, or ❑ computed on full value of liens or encumbrances remaining at time of sale FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RANCHO OCOTILLO, L.P., a Delaware limited partnership, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to THE CITY OF LA QUINTA, a California municipal corporation, the following described real property in the County of Riverside, State of California: SEE EXIEBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. Dated: April , 2004. RANCHO OCOTILLO, L.P., a Delaware limited partnership By: Century Crowell Communities, LP, a California limited partnership, Its Managing Partner By: Century Homes Communities, a Califorma corporation, , Its GenJA Part By: Tony cimi — Vice President LIM eintraub — Vive President MAIL TAX STATEMENTS TO THE RETURN ADDRESS SET FORTH ABOVE 6 RVBUS\RD\664550.1 1 -A 3/13/04 1 V CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On this 2nd Day of April, 2004 before me, Nicole F. Barron-Armijo, Notary Public, personally appeared Tony P. Scimia and Gary Weintraub, personally known to me, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entities upon behalf of which the persons acted, executed the instrument. this area for Official Notarial Seal WITNESS my hand and official seal. F-4 "i-J-112*1011 • •r' ''• / NICOLE F. BARRON-ARMUO .. COMM. #13"988 2 NOTARY PUBLIC - CALIFORNIA 3 Z SAN BERNARDINO COUNTY ..� My COMM. Expires Nov.17. 2006 L *-*-V- W__ ------- ------------------ DOCO![SNT TYPE Quitclaim Deed Rancho Ocotillo L.P. Quitclaims to City of La Quinta Lot 78 - Tract 24517 V LEGAL DESCRIPTION That certain real property situated in the City of La Quintal, County of Riverside, State of California, more particularly described as follows: Lot 78 of Tract 24517, as shown by Map on file in. Book 212, Pages 45 through 48, inclusive, of Maps, Records of Riverside County, California. SUBJECT TO: Agreements, covenants, conditions, restrictions, easements, reservations, rights, declarations and rights -of -way of record. RV13US\RD\664550.1 8 3/13/04 vri`' CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Quitclaim Deed dated April , 2004, from RANCHO OCOTILLO, L.P., a Delaware limited partnership, to the City of La Quinta, a California municipal corporation, is hereby accepted by the undersigned officer pursuant to authority conferred by Resolution No. of the City Council of the City of La Quinta, California, adopted on , and the City of La Quinta consents to the recordation thereof by its duly authorized agent. CITY OF LA QUINTA, a California municipal corporation LOM Title: ACKNOWLEDGMENT STATE OF CALIFORNIA SS. COUNTY OF ' On , 2004, before me, , a Notary Public in and for said state, 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. Signature (Seal) RVBUS%D%"550.1 3/13/04 9 1 v ATTACHMENT 2 10 1 %3* 8 ATTACHMENT 3 PER* INST. . N'ENTroN0: d.tBJFIs PER ADAMS ST. REC. N 0" 14'3YW 244f. // N o• 14?37Vf fii4.58 44' 10'LANOSCArE E�EME� 44'WIDE DEDICATION PER PM8 67/41 + N 42. 21' 03" E $ N 42'152- 4.7638" N T /pf02CITi0 N 0.14' W .. 14.78 I oes.L7 + E `n 10' .,I + 72.92 \w 60.58 143.73 77.00 77.00 72.59 _4'if•� 4' N 00. 14' 3" W 670.13 ^ w�$� 1 00. 14' 33" W 431,20 zr n •TT y = z $ z >r$ M� _ 1 S W N N -4 *4CA tl + to MW .. ? p• cg2 m Sgt m m D y N m -4 • 4'�.00 �5.06 1i' 37.24 77.00 03'W 61.98 62.01 •- y1 N 0.14' 578.22 N i of R N 1j•s°1f' m O � N 0°14'33'W _ 1 348.96 I$ 70.04 U 89.98 gl 11 AZ UL N 0.14'33'W LOT B xN CAMINO 209.04 o N 0-14'33'W 455.97 in -i N � 88.42 z 90.50 82.00 90.50 Z N � � u n u N 0.1315ew w OD O N + z p z •P �t 109.87 N 8, � is $ N O rs 8 u m � o v N 0• 14'3SW w m m w c Lq u 111.50 8 N 0.14'33'W $ N 0.13'58'W N90.15 cm OD 92.00 1 90.0.5 ,tip N 0.14'3SW 136.50 N 0.14'33'W 136.50 113.00 -4 -+ 10.1 �4 z W I o N z Z �Y � N CJ1 � -4ft N 011 3'56'W 50 n �zS �' •* .� $ k, -F► w4` Yy�/ u 14 � u g_, d3.. R 4 �j• ti N 0. 13'5d'W rZ 00 OD a m rr �� z 113.00 rA c N c /i)M• CT1 �_ I.3'I' 23 J L CJ1 c o .1 -4 c L. m r��b 99 T4/Pi = W o \1 rniD W J z 8 N o•1J's6'W j w� N m 111.50 N 0.13'58'W `1 o N 0' 13'56'W (/) N 0°13'56'W z + w z 94.13 / 94.21 m 10D 113.00 r a LW 8 �1 m' $ 43> N 0.13'56'W A l Nwu n 111.50 N 0.13.58'0 N D•13'5B'W m13N1.50 .00 ch -4 pn 111.50 5'PU.E,--�I; �•�^-6'�z ice a + p Z O $ OD a 18 $u Zio 8 N 0.13'56'W 0 N 0-13'58'W 111.50 I z z l m N 0.13'58'W I s>+$ I N 0° 1 113.00 N > z 11150 . 111.50 w ; '1 .50 z I . m l > r. 0 O W of N I$ $+ 8 $ m O O p N I0, JI � N 0.1J'S6'W N 0-13'56'W N 0-13'56'W I "bp1 N I N 0-13'557W m 113.00 111.50 111.50 1. 111.50 1 I i I O U z iD 8; O z pl I � 01 p � ml 0 +i p i� (0 I` tlQ. O m 0 s �m 96.55 93.45 93.55 $ N 0.13'58'W $ t N 0.135W 190.00 to N i to N 0.13156'W 190.00 97.95 $1 45.15 u a 44.85 I$ 0.13'56'W 278.00 1843.15 + 42.85 !8 _ N 0.13'56'W 143.00 _N OCOTILLO DRIVE LOT °C° N 0.13'58'W 276.00 90.15 81.00 81.00 +81.00 $2.00 82.00 82.00 u c m iv z m c" na a+ z m 0) m o.+ z 1.0 C11 v+ z to .+f inu u+. z W you a+ z mu N z u .1 vu 89.08 v(A f 81.00 .1 f 1 81.D0 u "W 0 81.00 „� E 82.D0 .1y t 82.00 .1CA f 82.00 E i 1:{0{AAi + + A • p 0 • 0 4 e �F::11 N + p A W + 0 uu 0 1D .► i 0 0 o a ?nn ?ji a 88888888888 N+ w V 4 .♦• N p 4 W+�� p m U J O m 0 0-cx b O 0 0 N N n doO Nii:lpl±a �ii °a ZSCALE: 1' - 60' M ♦ 4 z z -.1 0 I z z , V z z q++♦ z z : z z O O 1qO z z -1 z z -41 z z w z z .f. z z ♦ J z z O : z z ♦+$ + z t s �m1 O Y m m p S y � N � +� u m NO tl 10 0 0 m E N S•S E V+ 4 E O O N N E W O m N� U gg pp E rim f ri ri t�•1 r1 r�i F. F. N N OOt �.1 4 0 0 u N NN. + 4 i• N w iA S 10 O N N p J U 1p0 OJ$$ m 0 -+. O N P P O P O A 0 t zCD rc) rn Zy rn om v rn xK .►o Z 0 �0 m z�0n Z ZJm m m� z Zma Z C) rn 0>tv1-, O K N .rn zC>m • I r1. ;u Z N1/f> 0.0, N Co N J � y� rn `J m r n x CZ �71 co n On .Ft ATTACHMENT 4 WREN RECORDED � Mail To: 40 Quinta City of La f c P.O. Box 1504 C� La Quinta, CA 92253 O U DECLARATION OF DEDICATION (FLOOD REGULATION tASIN) WARING-ADAMS VENTURE A CALIFORNIA GENERAL PARTNERSHIP herein called "Owner", in accordance with conditions of approvalof Tract 24517, hereby dedicates to public use, that property described on Exhibit A, as a flood regulation bash to retain d regulate storm water runoff from said Tract and other tributary properties. 1. owner further agrees to provide landscaping with irrigation system(s) and to perform such regular,maihtenance as is reeandeflood tto continue the safe and normal operation of tandpairri ation, lawn regulation basin together with said landscapingcfsilt and debris. Said mowing and plant maintenance, removal maintenance includes inspection, removal of weeds, weed control and maintenance of inlet facilities on a regular -reserves to right to functioning of the basin as designed. owner that are compatible with utilize the flood regulation provided, however, no its function as a flood regulationwithinithe;flood regulation basin or structures will be constructed other use made of it without prior written approval of the City of La Quinta. 2. Owner agrees that he shall indemnify and hold the City of La -Quinta free and harmless from any lialbility whatsoever based or assorted upon any act or omission of owner, his officers, agents, employees, subcontractors, independent contractors, guests invitees, for property damage, bodily injury or death or any other element of damage of any kind or nature related to orinanywise connected with or arising from the construction, o peatioor maintenance of the flood regulation basin, completeinstallation. withlanddsca�e the condition thereof or the failure of such attorney's fees, the owner shall defend,. at his expense, including to ees, independent City of La Quintal their officers, agents, emp y contractors in any claim or legal action based on such alleged acts or omissions. Fq 12 110 33244 3. The owner agrees to maintain the facilities as provided herein until such time as the City of La Quinta may accept said facility for maintenance in accordance with the provisions of the Landscaping and Lighting Act of 1972. The city may elect to accept Lots 78 and 9 of as herein offered for dedication following satisfactory completion mpl and all related improvements, landscaping and irrigation sy (s ) the completion of the required one year warranty period. Upon acceptance by the City of the offered dedication as herein setforth the Owner shall be released de�mrzif ication of the ed he indemnification e maintenance responsibilities, required bonding and City all as provided herein. In the event the City of La Quinta does not or elects not to accept said facilities for maintenance, the owner agrees toteas ftime maintain the facilities as provided herein until such i to determined sufficient the need Quinta may 89 Owner. at .the sole discretion of the that 01 Laeliminate flood control facilities are constructed for the flood regulation basin. Thereafter, the City of La release the Owner from the dedication of Lot 78 and granted herein and relinquish said property to the 4. Upon recordation of the final map for Tract 24517, the Owner shall provide a bond in the amount of not less than increase00ofor the initial year plus an additional five percent year. Such bond shall the prior year for each year _a�te ofheLa Quinta guaranteeing the be in a form acceptable to ti as required herein. The bond shall maintenance of the facilities initially be for a full year and shall be renewed annualls theofferafter ed for a period of ten (10) years or �inlsuch time as and conditioned. dedication is accepted by the City as here 2. JAI 13 �' 33244 5. The rights and obligations of owner shall inure to and bind all heirs, successors, or assignees of the owner. Dated: January 12, 1990 WARING-ADAMS VENTURE A CALIFORNIA GENERAL PARTNERSHIP By: WARING-ADAMS VENTURE, A California General Partnership 0 By: & & � � � By: BY: STATE OF COUNTY OF CALIFORNIA Riverside ;ss. 33244 On January 12 r 19 $ 9 , before me, the undersigned, a Notary Public in and for said State, personally appeared E • G . Williams personally known to me (or proved to me on the basis of satis- factory evidence) to be the person that executed the within Instrument as general partner(s), on behalf of . Waring -Adams Venture the partnership therein named and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. Signature •_ • s�S 114kell (This area for official notarial seal) 14 144 t •r 33241 EXHIBIT 'A' TO DECLARATION OF DEDICATION (FLOOD REGULATION BASIN) Lots 78 and 89 offered for dedication as Flood Regulation tion Igsin as shown on Tract No. 24517 as recorded in Map Book 4ei 48 in the office of the County Recorder , County of Rivers de , State of california. 4. 144 3 15 /(nT~ a, OF 94� AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: May 18, 2004 BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution Accepting a CONSENT CALENDAR: Quitclaim Deed from Sienna Del Rey, L.L.C., a California Limited Liability Company for Lots AA, BB, STUDY SESSION: and CC of Tract No. 23995-7, APN 604-421-009, PUBLIC HEARING: 604-422-011, and 604-422-010, Respectively, for Public Utilities, Pedestrian, Landscape, and Stormwater Purposes RECOMMENDATION: Adopt a Resolution accepting a Quitclaim Deed (Attachment 1) from Sienna Del Rey, L.L.C., a California Limited Liability Company for Lots AA, BB, and CC of Tract No. 23995-7, APN 604-421-009, 604-422-011, and 604-422-010, respectively, for public utilities, pedestrian, landscape, and stormwater purposes, and direct the City Clerk to have the deed recorded at the Riverside County Recorder's office. FISCAL IMPLICATIONS: Lots AA, BB, and CC within the Sienna Del Rey subdivision (Attachments 2 and 3), are utilized for existing public utility easements, sidewalk, landscaping and storm drainage and have been maintained by the City's Landscape and Lighting District for some time. There is no payment required for accepting the property, as these dedications were a condition of development for Tract No. 23995-7. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The construction of sidewalk, landscape and storm drainage improvements and offer of easements to the City for the public utility, pedestrian, landscape and stormwater purposes were a condition of the Sienna Del Rey development project. These easements were recorded with the County of Riverside on the Final Tract Map No. 23995-7 dated July 15, 1999. However, maintenance requirements remained the obligation of the developer into perpetuity in accordance with the tract conditions if the City opted not to accept the dedication. Over the years, the City incorporated maintenance of this retention facility within its Landscape and Lighting District, as the developer has not maintained the site for some time. 14 S:\CityMgr\STAFF REPORTS ONLY\5-18-04\C 8 23995-7.doc By accepting the Quitclaim Deed for the Easement Lots AA to CC, the City will maintain its right to provide access to public utilities, pedestrian, landscape, and stormwater facilities and will eliminate the confusion of the buildability of these lots by removing it from the assessor's roles. Staff therefore recommends that this dedication be accepted to eliminate any confusion regarding the status of these properties in the future. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution accepting a Quitclaim Deed from Sienna Del Rey, L.L.C., a California Limited Liability Company for Lots AA, BB, and CC of Tract No. 23995-7, APN 604-421-009, 604-422-01 1, and 604-422-010, respectively, for public utilities, pedestrian, landscape, and stormwater purposes, 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 Sienna Del Rey, L.L.C., a California Limited Liability Company for Lots AA, BB, and CC of Tract No. 23995-7, APN 604-421-009, 604-422-01 1, and 604-422-010, respectively, for public utilities, pedestrian, landscape, and stormwater purposes, 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, mothy R J Hass , P.E. ublic- Wor Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Quitclaim Deed 2. Vicinity Map 3. Tract Map No. 23995-7 (Lots AA, BB and CC) T:\PWDEPT\COUNCIL\2004\05-18-04\C 8 23995-7.doc 2 RESOLUTION NO. 2004-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A QUITCLAIM DEED FROM SIENNA DEL REY, L.L.P., A CALIFORNIA LIMITED LIABILITY PARTNERSHIP, FOR LOTS AA, BB, AND CC OF TRACT NO. 23995-7, APN 604-421-009, APN 604-422-011, AND APN 604-422-010, RESPECTIVELY, FOR PUBLIC UTILITIES, PEDESTRIAN, LANDSCAPE, AND STORMWATER PURPOSES WHEREAS, the construction and offer of easement of Lot AA (APN 604- 421-009), Lot BB (APN 604-422-01 1) and Lot CC (APN 604-422-010) of Tract 23995-7 was a condition of approval for the Sienna Del Rey development project; and WHEREAS, the property so offered for dedication by Quitclaim Deed is more fully described in Exhibit "A" hereto, which description is incorporated herein as though set forth in full (hereinafter referred to as the "Dedicated Property"); and WHEREAS, the sidewalk, landscaping and stormwater facilities were subsequently installed by the developer of the Sienna Del Rey development project on the Dedicated Property; and WHEREAS, dedicated easements for the City of La Quinta to Lots AA, BB, and CC were recorded with the County of Riverside on the Final Tract Map No. 23995-7 dated July 15, 1999; and WHEREAS, the City of La Quinta now desires to accept said Quitclaim Deed, in order to avoid any confusion as to the permitted use of the Dedicated Property and to ensure the continued maintenance of the property for public utilities, pedestrian, landscape, and stormwater purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City Council hereby accepts the dedicated Property. Section 2. The City Clerk shall file this Resolution accepting the Quitclaim Deed for recording by the County Recorder. 3 1 no Resolution No. 2004- RW-D 2003-053 Adopted May 18, 2004 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 18th day of May 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: 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 4 14. RECORDING REQUESTED BY: ATTACHMENT 1 WHEN RECORDED RETURN TO: CITY OF LA QUINTA Post Office Box 1504 La Quinta, CA 92253-1504 Space above this line for Recorder's Use QUITCLAIM DEED Documentary Transfer Taxis: $ ❑ unincorporated area 0 City of La Quinta Parcel Nos. 604-421-009-4.604-422-011-8_ and 604-422-010-7 ❑ computed on full value of interest or property conveyed, or ❑ computed on full value of liens or encumbrances remaining at time of sale FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SIENNA DEL REY, LLC, a California limited liability company, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to THE CITY OF LA QUINTA, a California municipal corporation, the following described real property in the County of Riverside, State of California: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE Dated: April , 2004. SIENNA DEL REY, LLC, a California limited liability company By: Century Crowell Communities, LP, a California Limited Partnership, Its Managing Partner By: Century Homes Communities, a Calif 'a corporation, Its Gene Partner By: 4,N t) N► - Tony kciiVa. Vice "Snt By: ary intraub, Vjgz,President MAIL TAX STATEMENTS TO THE RETURN ADDRESS SET FORTH ABOVE eta 5 RVBUS\RD%64641.1 3/13/04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On this 2nd Day of April, 2004 before me, Nicole F. Barron-Armijo, Notary Public, personally appeared Tony P. Scimia and Gary Weintraub, personally known to me, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entities upon behalf of which the persons acted, executed the instrument. this area for Official Notarial Seal WITNESS my hand and official seal. NICOLE F. BARRON,ARMUO COMM. #1384988 Z NOTARY PUBUC - CAUFORNiA Z SAN BERNARDINO COUNTY •i My Comm. Expires Nov. 17. 2006 I ----------- - J MUL;UnXMW 1 ii'8 Quitclaim Deed Sienna Del Rey, LLC Quitclaims to City of La Quinta Lots AA, BB and CC -Tract 23995-7 149 EX�3iBIT "A" LEGAL DESCRIPTION That certain real property situated in the City of La Quinta, County of Riverside, State of California, more particularly described as follows: Lots, AA, BB and CC of Tract 23995-7, as shown by Map on file in Book 282, Pages 33 through 36, inclusive, of Maps, Records of Riverside County, California. SUBJECT TO: Agreements, covenants, conditions, restrictions, easements, reservations, rights, declarations and rights -of -way of record. 11 )0 7 RVBUS\RDVk4641.1 3/13/04 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Quitclaim Deed dated April , 2004, from Sienna Del Rey, LLC, a California limited liability company, to the City of La Quinta, a California municipal corporation, is hereby accepted by the undersigned officer pursuant. to authority conferred by Resolution No. of the City Council of the City of La Quinta, California, adopted on , and the City of La Qunta consents to the recordation thereof by its duly authorized agent. CITY OF LA QUINTA, a California municipal corporation M Title: ACKNOWLEDGMENT STATE OF CALIFORNIA ss. COUNTY OF On , 2004, before me, , a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) 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. Signature (Seal) 8 RVBUS\RDr664641.1 3/13/04 ATTACHMENT 2 XILES AV �1''NNx NNw •.NNNNr........ .C�y�.yNyyy��NMMN MNIw^ .V'O T.r M1.w �, �N / yy�RMMMMw.IMN ti4 GLj[ �•� NMNhw� L j t 3 � wNMMMNNN NN/.MMNNNMNMNMMM�n^k•K �.s ERS - 0 -� VICINITY MAP ATTACHMENT 3 - SHEET 3 OF IN THE CITY OF IA QUINTA. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 4 SHEETS cxnr a u aANTn TRACT MAP NO. 23995--7 RZING KMONOFRN OF THS S1/4 Oy TitN !SRAYOl7�.l SSE SHEET 2 FOR ANT MAINIERO, SMITH AND ASSOCIATES, INC. AND EASEMENT NOTES MARCH 1999 p• p' 00' 100' 100' SCALE V►M V I ' BAYBBRRY LANE I G+ W48.46•E 467.41'l lM.So tase.00 _ 1 — — OR -00 � 1.Yi7'S AC. I riol P.U.E. jw 0, 1744 AC 04 is 12 M oo 1 !0I ' P.U.E. N oralall I le.. 30 j I G.i I 0.1002 AC. I I l0' P.U.E. 3 s L 100.00' ( 30 • I �o' O I I-- ---- N p'p•E I i i i 0. 1M6 AC. ai I N •44 I I 29 8 i 100.00' W} 0.1053 AC. 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'0 IN N•34'13•E 2N1.07.1 130 COUNCIL/RDA MEETING DATE: May 18, 2004 ITEM TITLE: Acceptance of New Traffic Signal Improvements (Adams Street at Westward Ho Drive) Project No. 2002-06 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept traffic signal improvements at Adams Street and Westward Ho Drive, Project No. 2002-06, as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $13,657.55, 35 days after the Notice of Completion is recorded; and approve Contract Change Order No. 2 (Attachment 1) for a $10,000.00 Early Completion Incentive as provided for in the project specifications. FISCAL IMPLICATIONS: The following is a budget summary: Budget Total Amount spent through 3/29/04 Amount Available Original Contract Contract Change Order No. 1 Pending Contract Change Order No. 2 Quantity adjustments for actual quantities installed Total Construction Costs Amount paid to date Remaining Fiscal Commitment $148,750.00 $ 2,832.50 $145,917.50 $ 123,936.00 $ 5,289.45 $ 10, 000.00 $ (2,650.00) $136,575.45 ($1 13, 917.90) $22,657.55 Adequate funding is available to pay the contractor's remaining billing ($9,000.00) and retention ($13,657.55) for project closeout. S:\CityMgr\STAFF REPORTS ONLY\5-18-04\C 10 2002-06.doc CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: City Council approved the Fiscal Year 2002/2003 Capital Improvement Program (CIP) on July 16, 2002. The CIP included installing a new traffic signal at the intersection of Adams Street and Westward Ho Drive immediately adjacent to the La Quinta Park. On October 21, 2003, City Council approved the Plans, Specifications, and Engineer's Estimate (PS&E) and authorized staff to advertise the bid of Project No. 2002-06, New Traffic Signal Improvements (Adams Street at Westward Ho Drive) with an Engineer's Estimate of $104,700. On November 19, 2003, the City received one bid for the construction of this project from DBX, Inc., for $123,936. On December 16, 2003, City Council awarded a contract for $123,936 to DBX Inc. to construct the New Traffic Signal Improvements (Adams Street at Westward Ho Drive) Project No. 2002-06. On February 18, 2004, a Notice to Proceed was issued with a 90 consecutive calendar day contract completion time starting March 1, 2004, and ending on May 29, 2004. The project was deemed substantially complete on April 21, 2004 with 52 consecutive calendar days utilized (38 days early). As per project specifications Section 1500-3.2, a $500 per working day Early Completion Bonus will be awarded for a maximum amount of 20 days, or $10,000. The project's construction effort is now deemed to be 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 100% complete and authorize the City Clerk to file a Notice of Completion. 2 S:\CityMgr\STAFF REPORTS ONLY\5-18-04\C 10 2002-06.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the new traffic signal improvements at the intersection of Adams Street and Westward Ho Drive, Project No. 2002-06 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $13,657.55, 35 days after the Notice of Completion is recorded; and approve Contract Change Order No. 2 for a $10,000.00 Early Completion Incentive as provided for in the project specifications; or 2. Do not accept the new traffic signal improvements at the intersection of Adams Street and Westward Ho Drive, Project No. 2002-06 as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; do not authorize staff to release retention in the amount of $13,657.55, 35 days after the Notice of Completion is recorded; and do not approve Contract Change Order No. 2 for a $10,000.00 Early Completion Incentive as provided for in the project specifications.; or 3. Provide staff with alternative direction. Respectfully submitted, Ti othy R. J nas o , P. E. ublic Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Contract Change Order No. 2 3 1VM� T:\PWDEPT\COUNCIL\2004\05-18-04\C 10 2002-06.doc ATTACHMENT 1 --s—Q,c O`s �p •4 v � INC �4 ti5 OF 'f9 CONTRACT: CONTRACTOR: Sheet 1 of 1 PROJECT NO.2002-06 NEW TRAFFIC SIGNAL IMPROVEMENT ( Adams Street @ Westward Ho) DBX, Inc. 42066 Avenida Alvarado Temecula, Ca. 92590 CONTRACT CHANGE ORDER NO.2 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 This Contract Change Order allows for the award of an Early Completion Incentive Bonus as per Project Specifications Section 1500-3.2. The project consisted of a Contract Completion Period of 90 consecutive calendar days. The project began on March 1,2004 with a completion date of May 29,2004. The project was deemed complete as of April 21, 2004. The project was completed in 52 consecutive calendar days resulting in completion 38 days ahead of schedule with an award of $500.00 per working day. Therefore an award shall be made for the maximum allowable amount of 20 working days or $10,000.00 Amount 10 000.00 Previous Contract Amount Through Change Order No. 1 $ 1299,225.45 Add This Change Order No. 2 $ 10 000.00 Revised Contract Total $ $139,225.45 By reason of this contract change order the time of completion is adjusted as follows: -0- days added/deleted to contract time. The revised contract completion date shall be: 5/29/04 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 may be noted above, and perform all services necessary to complete the above specified work, and hereby accept asfullpayment the amount shown above, which includes all direct and indirect overhead expenses for any delays'. Accepted By: Contractor: Title: Date: T:\PWDEPT\PROJECTS\2002 PRJCTS\2002-06 TRAFFIC SIGNAL WWHOQADAMS\CONSTRUCTION\CCO#2.DOC 4 /; , G� of9w COUNCIL/RDA MEETING DATE: May 18, 2004 ITEM TITLE: Adoption of the City's Economic Development Plan for Fiscal Year 2004-2005 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt the City's 2004-2005 Economic Development Plan. FISCAL IMPLICATIONS: The 2004-2005 implementation activities will be included within the Fiscal Year 2004- 2005 budget. CHARTER CITY IMPLICATIONS: The City Charter and its principles of "home rule" allow the City sufficient flexibility to undertake economic development activities. The Charter allows the City "to utilize revenues from the General Fund to encourage, support, and promote economic development." BACKGROUND AND OVERVIEW: During its Study Session at the April 12, 2004 City Council meeting, the Council considered the draft 2004-2005 Economic Development Plan and made comments relative to the documents and programs. The City's consultant, the Rosenow Spevacek Group (RSG), has incorporated those comments into the Plan (Attachment 1) for the City Council's consideration. Specific changes that were suggested at the April 12, 2004 meeting include: • In the Community Profile section, add demographic information for 5/10/15 mile radius areas. • Within the market study section, under the heading of "Live/Work Housing Real Estate," strike the reference to the La Quinta Arts Foundation campus on Washington Street. • Within the market study section, delete references to "Village" within the SilverRock Resort subsection and change to "resort retail." • Under "Economic Base Diversification," delete reference to "light manufacturing uses. If • Under "City/Agency Return on Investment," change "15% to 18% cash on cash return" to "15% to 18% return in the form of City/RDA non -development fee revenue...." • Under "Annexation Opportunities," add at the end of the paragraph, "...and look at ways to mitigate the impacts if they exist." • Under "Recreation Opportunities," add reference to the trail system between La Quinta and Palm Desert. • Under "2004-05 Implementation Activities and Target Areas/Marketing," remove reference to the Discount Shopper Program. One of the major goals for 2004-05 is to secure a major retail anchor for the eastern section of the Highway 111 corridor. Once this occurs, the City/Redevelopment Agency will be able to reduce or eliminate its role in providing economic_ incentives for the development of vacant land. There was discussion regarding the demographic data contained in the Economic Development Plan; this year's plan uses a combination of updated data from RSG and information from the Market Study completed by Design Workshop in April 2003. Historically, the City has commissioned a market study every three years; therefore, a goal for next year's (2005-2006) Economic Development Plan will be to complete a new market study so that the data may be incorporated into the 2006-2007 Economic Development Plan. Once adopted, this plan will be one of five components that comprise the City's overall strategic planning effort; the other components include the Capital Improvement Program, Resource Allocation Plan, Cash Flow Analysis, and the 2004-2005 Annual Operating Budget. Staff will make the request to fund the Plan as part of the preliminary fiscal year 2004-2005 budget process. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt the City's 2004-2005 Economic Development Plan; or 2. Do not adopt the City's 2004-2005 Economic Development Plan; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. 2004-2005 Economic Development Plan 1613 City of La Quinta �1 1IIIIF1-. _•-• • 1 - e May 13, 2004 City of La Quinta 78-495 Cane Tampico La Quinta, California 92253 Ro"now Spevacek Group, Inc. 217 North Main Street, Suite 300 Santa Ana, California 927014822 Phone: (714) 5414585 Fax: (714) 836-1748 E-Mail: info@webrsg.com ATTACHMENT 1 164 Contents of This Document This document is organized as follows: i) Introduction ■ Rationale for this Economic Development Plan ■ Participants in Formulating and Implementing this Plan ■ 2) Resources, Opportunities, Liabilities and Needs ■ Community Profile ■ Key Assets ■ Liabilities ■ Projected Market Demand ■ Projected City/Redevelopment Agency Financial Resources for Economic Development ■ City/Agency Real Estate Assets ■ Infrastructure Needs/City Capital Improvement Program ■ 3) Business Plan ■ Mission Statement ■ Implementation Policies ■ Accomplishments During Fiscal Year 2003-04 a) Highway 111 Corridor b) The Village c) Annexation Feasibility d) Resort/Hospitality Opportunities e) Recreation Opportunities f) Housing g) Marketing ■ 2004-05 Implementation Activities and Target Areas h) Highway 111 Corridor i) The Village j) Annexation Feasibility k) Resort/Hospitality Opportunities 1) Housing m) Marketing n) Recreation Opportunities APPENDIX Exhibit A: City/Agency Real Estate Assets Map �63 Section 200"5 EC01101'111C Devel -mend- Plan Strategies and Tasks to Stimulate Private Investment in La Quints The City of La Quinta is embarking on the ninth year of implementing economic development initiatives. To date the City's efforts have yielded major retailers, upscale restaurants, and the creation of new resort and golf venues at SilverRock Resort. The focus for the coming fiscal year is to balance the need to attract quality revenue -generating development with the acute desire to preserve La Quinta's natural features. The overall goal is to insure that the short-term gain realized from achieving revenue -generating uses does not compromise the long- term necessity for quality development that withstands the test of time. Thus, the economic development initiatives presented in this Economic Development Plan center on attracting and enhancing revenue -generating enterprises, protecting open space and environmental attributes, and expanding recreation opportunities for La Quinta's residents. This Plan outlines a vision and direction for the City's economic development activities. It presents the mission statement, implementation policies, projected resources, and business plan the City and the La Quinta Redevelopment Agency will follow to sustain a comprehensive economic development effort. Rationale for this Economic Development Plan The economic development process is the deliberate, judicious intervention in the local economy to foster a business climate that facilitates private investment. This process is neither exact nor fully predictable, and is more of an art than a science. Economic development is a dynamic, ever changing endeavor because it must constantly accommodate the evolving characteristics of the market place. Thus, the City annually reviews and updates this Plan to' ensure that it reflects and responds to current market conditions, and equally as important, the community's collective vision as to how to accommodate these conditions. Finally, this enterprise parallels the activities associated with building a city; thus this Plan embraces a long-term vision rather than a short-term perspective. In 1996, the City of La Quinta adopted the first economic development plan that defined the community's desires for future development, and presented a business plan to guide the City's economic development initiatives. The City then ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 6' May 13, 2004 ECONOMIC DEVELOPMENT PLAT C 4 INTRODUCTION PAGE 2 embarked on a planned, pro -active economic development effort.for the following reasons: Capture Forecasted Growth for the Coachella Valley A variety of market studies forecast continued growth for the Coachella Valley during the next decade. This is demonstrated by the new major retailers that have located in the City's Highway 111 corridor during the past year. Due to its prime location and the expanding population of the Eastern Central Coachella Valley the City is positioned to capture a ' sizable portion of the projected commercial, resort, and residential development through the business expansion and recruitment efforts delineated in this Economic Development Plan. Balance Municipal Revenue and Expenditure Needs The City's primary revenue resources are transient occupancy and sales taxes; these revenues comprise 38% of City's General Fund revenue; sales tax revenue income will generate approximately 20.6% of total General Fund revenue and transient occupancy tax revenue will generate approximately 17.4% of total General Fund revenue during fiscal 2003-04. Secondary resources are license/permit fees and property tax revenue. A majority of the City's property tax revenue, however, is allocated to the Redevelopment Agency. Approximately 85% of the land area within the City's corporate boundaries is in one of two redevelopment project areas. Combined, these resources maintain existing, and provide new, services to La Quinta's residential and business communities. Resort and commercial development generates a majority of the municipal revenues received by the City. The City and Redevelopment Agency must continue to enlarge the City's revenue base in order to enhance and expand the quality of municipal services La Quinta residents expect. Enlarging the City's revenue base is particularly important given that the State continues to reallocate local revenue to fund State obligations in order to address its budget deficits. Judiciously Allocate Municipal Resources Like any business, the City continually balances the allocation of financial resources between service costs and infrastructure investment. To prudently accomplish this task, the City annually implements a comprehensive strategic planning effort that meshes this Economic Development Plan with a Five Year Municipal Service Resource Allocation Plan, a Five Year Capital Improvement Program, Annual City/Agency Cash Flow Strategies, and Annual City/Agency ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA J 5May 13, 2004 ECONOMIC DEVELOPMENT PLAN INTRODUCTION PAGE 3 Operating Budgets. Since 1994, the City has achieved many short- and long- term financial goals identified through the strategic planning effort. This Economic Development Plan identifies economic development investment strategies and initiatives that are subsequently funded through the annual City/Redevelopment Agency Capital and Operations budgets. Participants in Formulating and Implementing this Plan This Economic Development Plan delineates initiatives that implement the community's vision of its desired destiny. It outlines policies, activities, and resources the City will pledge to guide and/or influence future development decisions. Thus, the primary participants in formulating and implementing this Plan are the residential and business communities that define La Quinta. When first developed, the City sponsored a series of community forums to solicit community input. The City continues to consult with these communities during the Plan's implementation phases. The City Council governs the formulation and implementation of this Plan. Council Members bring forth constituent ideas and needs, and assist with defining the issues, mission, strategy, and overall policies that guide implementation efforts. Finally, City staff plays a strategic role in this endeavor. Staff is charged with the responsibility to monitor market conditions, solicit community input, interface with existing and new users, implement programs and initiatives, and monitor achieved results. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 13, 2004 ECONOMIC DEVELOPMENT PLAN Section 2 1 200"5 economic DeMelopment Phan Strategies and Tasks to Stimulate Private Investment in La Quints This section presents the background data that was used in developing the Business Plan presented in Section 3; it includes a summary of key assets, presents an overview of projected market demand, delineates projected City/Agency resources, and outlines infrastructure needs. Community Profile The City of La Quinta is located in the Eastern Central Coachella Valley; Indian Wells borders the City to the west, Indio to the east, and unincorporated communities to the north and south. Located approximately 2 miles south of Interstate 10, primary access is via State Highway 111 and Washington Street. Per the 2000 U. S. Census, La Quinta had the third highest household median income in the Coachella Valley at $58,200. Only Indian Wells and Rancho Mirage had higher median household incomes. In the context of the Coachella Valley, La Quinta enjoys an emerging population of new families. Average household size in La Quinta is 2.80 versus 2.65 Valley -wide (U.S. Census, 2000); 48% of La Quinta's population is under 34 years of age, and persons over the age of 65, historically the most recognized age group in the Valley, comprise only 13.5% of La Quinta's population. The California Department of Finance estimates that La Quinta's population was 32,500 as of January 2004. In January 2004, Claritas Incorporated, a demographic research firm, estimated that 132,944 persons live within a five mile radius of La Quinta, 220,389 live within a 10 mile radius, and 294,014 live within a 15 mile radius. Within the same geographical areas, the estimated average household income was $72,646, $71,306, and $68,171, respectively. Key Assets Review of the City's physical characteristics and discussions with the residential and business communities identify the following key community assets: ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 13, 2004 ECONOMIC DEVELOPMENT PLAN 1 1��7 RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 5 an educated, dedicated, and highly motivated residential and business community that share a long history of working in concert to provide a stable environment that supports economic development efforts; an international reputation for resort and golf amenities resulting from the La Quinta Resort & Club, PGA West, Rancho La Quinta, The Tradition, The Quarry, La Quinta Country Club and other world class golf facilities; the City hosts renowned golf tournaments such as the Bob Hope Chrysler Classic and The Skins Game, which have helped earn it the title of "America's Ultimate Golfing Destination" by the acclaimed Robb Report; the Highway 111 commercial corridor that features prime, vacant property of sufficient size to accommodate development that will serve the Eastern Coachella Valley and will generate significant financial returns for both the City and Agency; a market area that features the highest per capita income in the Coachella Valley; the Village of La Quinta, a low density commercial center nestled in the Santa Rosa Mountains, that offers a setting that is unparalleled in the Coachella Valley; La Quinta's commerce, art and cultural heritage as represented by the La Quinta Chamber of Commerce, La Quinta Arts Foundation and La Quinta Historical Society, that supports art and cultural activities attracting patrons from California and the greater southwest; the 525 acre Agency -owned SilverRock Resort golf and resort property that is being developed with a Palmer Design tournament golf course, an ultra luxury. resort hotel, boutique hotel, casitas/residence club units, a 25,000 square foot permanent clubhouse, a future second golf course, and related retail, recreation and community uses; the Lake Cahuilla Recreation Area which provides water sport and other outdoor recreation opportunities; continued strong residential development and sales activity that generate a significant number of households that support retail, recreation, and service commercial users; a highly motivated City workforce that understands the needs of the business community and the need to process required City approvals within a short time frame; and resources that the City/Agency can dedicate to economic development investment. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 0 May 13, 2004 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 6 Liabilities Though the assets far outweigh the liabilities, there are limitations that the City must account for when implementing its economic development initiatives; these include the following: increasing competition between Coachella Valley communities to provide financial incentives to major developers and users, which significantly influence their location decisions; increasing competition for golf and resort users with other Coachella Valley cities planning to improve their public golf amenities and working to attract resort and hotel uses; and changing retailing trends that may decrease the need for traditional retail centers. Projected Market Demand In October 2002, the Agency retained Design Workshop to update the January 1999 market study that formed the basis for previous Economic Development Plans. Below is an executive summary that highlights the significant findings of their study. Community Profile The City of La Quinta is located in Southern California and is an integral part of the Greater Coachella Valley market area, which also includes the cities of Cathedral City, Indio, Palm Desert, Coachella, Desert Hot Springs, Rancho Mirage, Palm Springs and Indian Wells. La Quinta's location in the east -central Valley places it in the center of the highest - growth area of the Valley, and the City's borders with parts of unincorporated Riverside County offer room for physical expansion. Since the 1920's, the La Quinta Resort and Club has inspired wealthy and often famous individuals to escape, relax, play golf and partake in the serenity of the place. Today, the desert resort city which bears the historic resort's name is still a special place to visit; but it also has emerged as one of the finest cities in the Coachella Valley to shop, conduct business and call home for all or part of the year. Year -Round Population During the past 30 to 40 years, population growth in the Greater Coachella Valley has moved southeast from Palm Springs along the Highway 111 corridor toward La Quinta. Today, many of the communities to the west of La Quinta are built -out and do not have the ability to expand beyond their 11 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 13, 2004 ECONOMIC DEVELOPMENT PLAN 1w 1 Ci RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 7 current borders. The Coachella Valley is forecasted to grow in the next several years, and the east -central valley is one of most desirable areas for new residents to settle. When the City of La Quinta was incorporated in 1982, the permanent population was only 5,260 residents. In 20 years, the population expanded to 28,715 people (5.5 times). Since the mid-1990's, the City of La Quinta has been one of the fastest growing cities in California with annual growth rates nearing eight percent, and future population growth in La Quinta is expected to outpace growth in the United States, the State of California, Riverside County and the Coachella Valley. By 2010, the permanent population of La Quinta could reach 40,000 people, or nearly 10 percent of all Coachella Valley residents. Between 2003 and 2010, the City of La Quinta may gain over 1,400 new permanent residents annually through annexation, migration and net natural increase. Seasonal Population Similar to other warm weather resort communities of North America, the populations of La Quinta and the Coachella Valley surge during the winter and spring months as seasonal residents head south. During the 2002 season, La Quinta's population grew by almost 12,000 people, or 42 percent of the year-round population. For the next five years, the size of La Quinta's seasonal population is expected to remain 40 to 45 percent of the year-round population. Other Coachella Valley communities, such as Palm Springs, Rancho Mirage and Indian Wells, see their populations grow by more than 60 percent during the months between January and April. Social/Economic Overview, The median age of La Quinta's permanent residents was 36.4 years old in 2002, which is younger than the Coachella Valley average of 37.6 years. Approximately 40 percent of La Quinta residents over age 18 are employed and the median household income of $58,200 in 2002 was the third highest in the Coachella Valley, after Indian Wells and Rancho Mirage. A majority of the permanent La Quinta residents are employed in service industries led by resort and resident services, finance, insurance, real estate and retail trade. Employment seasonality is a concern for many residents of La Quinta and other parts of the Coachella Valley. The largest employers in La Quinta, which include KSL Recreation and "big box" retailers, reduce their workforces by approximately 30 percent during the summer months. Attracting companies that employ the area's diverse population on a year-round basis is a priority of the City and the Coachella Valley Economic Partnership. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 13, 2004 ECONOMIC DEVELOPMENT PLAN 11Y 012 RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 8 La Quintals Opportunities La Quinta is a community that is balanced between success as a residential community for ,permanent residents rand Coachella Valley's workforce and as a successful destination resort community for short-term visitors and second homeowners. In the future, the City of La Quinta has the opportunity to either strengthen its position in the Coachella Valley as a residential/worker community or as a resort community, or maintain its current position and face the challenges associated with meeting the often divergent interests of both the residential/worker and resort communities. Its position in the Valley will be determined, in large part, by the collective vision established for the city and the decisions made regarding real estate uses throughout the city. La Quinta's many strengths make the community appealing to year-round residents, second homeowners, transient visitors and business people. The key assets of the La Quinta market include: • History — The historic La Quinta Resort and Club is an extraordinary place that attracts thousands of visitors and generates significant consumer spending in the community. The city's history is closely tied to this classic California desert resort and its long-time ties to the international elite. • Location — La Quintals location in the east -central Coachella Valley puts it in the middle of the highest growth area of the Valley. Plus, the city's close proximity to the mountains provides numerous benefits, including outstanding views, and protection from strong winds and blowing sand. • Developable land — Prime parcels of real estate for a variety of uses exist along the Highway 111 corridor, in central La Quinta and the Village District, and to the southeast near unincorporated parts of Riverside County. Much of the land to the south could be annexed to accommodate future development. • Population growth — Strategically planned growth provides opportunities for public and private. revenue generation and a sustainable future. • Workforce diversity — The diversity of the workforce in La Quinta and surrounding community enables businesses of all types to locate in La Quinta and staff operations with individuals who are appropriately skilled for the specific job. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 13, 2004 ECONOMIC DEVELOPMENT PLAN 1 RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 9 • Local leadership — The municipal government, Chamber of Commerce and community leaders. are willing and able to make decisions, get things done and support managed growth. • Economic opportunities — La Quinta is located near a federal Empowerment Zone and a state Enterprise Zone, both of which have tax benefits for area businesses. In addition, electric service in La Quinta is supplied by Imperial Irrigation District, which provides reliable service for rates that are lower than those charged by Southern California Edison, which services the rest of the valley communities to the west of La Quinta. Development Potential Retail Real Estate The real estate development principle of "retail follows rooftops" definitely applies in La Quinta. In 1982, there was very limited retail activity in the city, but by 2001, there was almost 1.5 million square feet of commercial space generating $334 million in taxable sales. However, there is still opportunity for more retail expansion in La Quinta, as total retail sales are projected to reach $405 million per year by 2005 and $620 million per year by 2010. This sales growth will require an additional 192,000 to 233,000 square feet of retail/commercial real estate per year between now and 2010, which can be broken down as follows: • Regional retail — 115,000 to 140,000 square feet GFA per year. • Community retail - 58,000 to 70,000 square feet GFA per year. • Neighborhood retail — 19,000 to 23,000 square feet GFA per year. Some of the future demand for retail real estate will be satisfied in commercial/retail villages that are being developed in La Quinta's historic downtown area, at The SilverRock Resort and elsewhere in central La Quinta. There are many types of destinations in the Coachella Valley, but village -centered, pedestrian -oriented retail in La Quinta will satisfy a niche that currently is underserved. La Quinta is a great place for retailers to locate new stores. The seasonality of retail sales in La Quinta ranges from 21.1 percent in the third quarter (summer) to 25.6 percent in the first quarter (winter), which is only slightly different from the range in Riverside County as a whole. Plus, La Quinta has many of the characteristics that retail tenants look for when selecting sites for new stores. This city offers: ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 14 ECONOMIC DEVELOPMENT PLAN r May 13, 2004 1 RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 10 • High traffic counts along the main commercial/retail corridor (over 30,000 cars per day along Highway 111' ); Positive social/economic profiles and forecasts; Ample space to suit a variety of retail requirements; • Sizeable permanent population (over 45,000 within three miles of Highway 111 in Central La Quinta and nearly 100,000 within five miles) and large seasonal increase; and • Mid to high level household incomes within five miles of the commercial core areas, 12,000 to 15,000 seasonal residents and 48,000 to 58,000 unique overnight hotel guests that spend over $250 per day in the city. Lodging/Hotel Real Estate At present, almost every overnight visitor in La Quinta stays at the La Quinta Resort and Club because it is a quality experience and there are few other options in the city. However, two or three hotel projects are in various stages of planning and development in the city. La Quinta has the highest average gross hotel sales rate in the Coachella Valley at $49,300 per room, annual average occupancy rates in the Coachella Valley exceed 60 percent and recent valley -wide revenue per available room (revPAR) of $74.41 exceeded the state-wide average of $68.86 by eight percent. Demand for new hotel properties in La Quinta will be determined by the timing of other hotel openings in the city and the Greater Coachella Valley. There currently are three hotel projects (approximately 450 rooms) in La Quinta in various stages of planning and at least 12 projects with over 2,500 rooms in the planning stages throughout the rest of the Coachella Valley. Design Workshop believes that before 2004, no new major resort hotel projects with greater than 400 rooms will break ground in the Coachella Valley. However, opportunities will exist in La Quinta at The SilverRock Resort project before 2006 for a luxurious, intimate boutique hotel with 50 to 100 rooms. This type of product could fill a niche that currently is underserved in the Coachella Valley. Demand for an upscale, highly amenitized resort hotel with approximately 250 rooms likely will not exist for another two to four years after the boutique hotel opens. The timing of this hotel will depend on what happens to visitor numbers and proposed projects throughout the valley. If one or more of the planned or approved hotel projects in La Quinta do 1 Source: City of La Quinta, Community Development Department. (As reported in the October 2002 Design Workshop Market Study) ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 13, 2004 ECONOMIC DEVELOPMENT PLAN i RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 11 not materialize, the likelihood of the market supporting hotels at The SilverRock Resort increases. Office/Light Industrial Real Estate The City of La Quinta Community Development Department estimated that there was nearly 540,000 square feet of built office space and 282,000 square feet of built warehousing and storage space in the city in 2001. Design Workshop predicts that another 470,000 to 630,000 square feet of commercial office, commercial park and light industrial space will be demanded in La Quinta between now and the end of 2010. Space for these three real estate uses will occupy up to 40 acres of land. Both resort community growth and residential/worker community growth need the support of workers who occupy office and light industrial real estate; and future demand for commercial office, commercial park and light industrial space exists in La Quinta. The City can capitalize on its location in the middle of one of the highest growth areas in the Coachella Valley and become a central location in which businesses can locate to serve local and neighboring communities and take advantage of nearby Empowerment and Enterprise zones. Live/Work Housing Real Estate The live/work housing concept is gaining greater acceptance throughout California and across the country as city planners attempt to solve problems such as excess vacant land zoned as commercial or industrial, urban infill, urban sprawl, affordable housing, pollution and traffic congestion. Advocates of live/work housing suggest that it allows individuals to better manage the balance between work and home life and can create productive and healthy communities. There are a number of case studies of successful live/work housing projects, including ones in Santa Fe, New Mexico; San Francisco; Santa Rosa Beach, Florida; and Vancouver, British Columbia. At present, there are no live/work housing units in La Quinta. Artists, service workers and professionals may demand live/work housing by 2010 in the La Quinta Village District. Live/work housing could be an effective buffer between the Village District and residential neighborhoods that surround the district, especially as village -centered developments such as Old Town La Quinta and Santa Rosa Plaza are built and expanded. SilverRock Resort In 2002, the City of La Quinta acquired the SilverRock Resort site from KSL Recreation, which consists of 525 acres on the southwest corner of ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 13, 2004 ECONOMIC DEVELOPMENT PLAN 1 ►� RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 12 Jefferson Street and 52"d Avenue. The primary objectives were to provide public recreation — primarily golf — for residents and visitors and to create ongoing revenue streams, by way of sales taxes and transient occupancy taxes (TOT), for the city. To these ends, there are opportunities to add world -class golf, overnight visitor accommodations and destination -retail that complement other retail developments in the city. The Resort's core area should be the development's activity center and home to a welcome/information center, hotels, retail, community space and parking. Its design should be pedestrian -friendly, oriented with views of the mountains and favorable solar exposure and have cohesive architecture. Contractual obligations and market limitations will dictate much of the development program in the first six to seven years, so market analysis, development strategy and phasing will be important throughout the project. As stated earlier, Design Workshop expects that SilverRock Resort likely will support and benefit from having up to two hotels in the Resort core — one a highly amenitized resort hotel and the other an intimate boutique hotel. Given the uniqueness of the concept in the Coachella Valley and its limited scale, the market will support the boutique hotel sooner than the larger conference hotel, perhaps within the next two to four years. Retail/commercial spaces can be located in free-standing buildings throughout the resort/retail core, should contain at least one destination anchor tenant (food or goods) and can be integrated into the hotels and golf clubhouse. The goal of retail/commercial development at SilverRock Resort is to complement the retail experience in La Quinta and not to compete with other destination retail such as the La Quinta Resort and Old Town La Quinta. In addition to strategically selecting tenants that are not located elsewhere in the city, there is an opportunity for retail at SilverRock Resort to be themed or focused. Old Town La Quinta will have a Mexican Village/Classic California theme, and possible ideas for SilverRock Resort include a sports theme, a Hollywood theme or an international theme. With the SilverRock Resort project, the city has an opportunity to significantly enhance public recreation in the city, preserve much of the natural beauty of the community and benefit business owners throughout the city by elevating the entire community to a new level of quality and desirability. All the pieces can be combined to make La Quinta THE destination for east -central Coachella Valley residents and visitors, benefiting everyone who is committed to the common goal. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 13, 2004 ECONOMIC DEVELOPMENT PLAN It-T) RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 13 Note: The aforementioned summary was derived from the March 2003 market study prepared by Design Workshop. Please review the entire market study for their complete market analysis. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA '18 May 13, 2004 ECONOMIC DEVELOPMENT PLpkty RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 14 Projected City/Redevelopment Agency Financial Resources for Economic Development As part of its ongoing resource management effort, the City annually evaluates City/Redevelopment Agency financial resources and identifies those resources that can be pledged to economic development initiatives. During the 2004-05 fiscal year, the City anticipates having $2.85 million- available to invest in non - infrastructure economic development initiatives. These. funds are basically one- time resources that will most likely not be renewed when expended. City/Agency Real Estate Assets Since 1983, the City and Redevelopment Agency have accumulated real estate assets as a result of major infrastructure projects or as part of the Agency's affordable housing efforts. Exhibit A, in the Appendix of this Plan, presents a map of the real estate assets owned by the City or Redevelopment Agency. City/Redevelopment Agency real estate assets currently available for economic development include SilverRock Resort, owned by the Redevelopment Agency, and the City's holdings located at the top of the Cove. In Needs/City Capital Improvement Program As part of the annual strategic planning effort the City conducts a comprehensive review of the community's infrastructure needs. The City is working to address the community's infrastructure needs through the Five -Year Capital Improvement Program. This program identifies both current year and projected five-year capital improvement needs and resources, and delineates an annual funding schedule for specific infrastructure projects. This Economic Development Plan is integrated with the Capital Improvement Program to ensure that the infrastructure impediments to specific economic development projects are addressed, or where possible, economic development project implementation activities mitigate site - specific capital improvement needs. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 19 May 13, 2004 ECONOMIC DEVELOPMENT PLAN rt � Section 3- 200"5 Economic Develop Plan Strategies and Tasks to Stimulate Private Investment in La Quints In order to proceed with implementation activities, a business plan is required that presents a mission statement describing the intended outcome the community wishes to achieve, and the overall policies that will guide implementation activities. Finally, specific target areas and implementation efforts are detailed. Mission Statement The mission statement the community formulated for this economic development effort is as follows: The mission of the Economic Development effort is to actively support the development and expansion of existing businesses, and to proactively recruit quality revenue - generating uses that diversify and expand the City's economic base, offer a variety of products and services, increase employment opportunities, enhance City/Agency fiscal resources, preserve and enhance La Quinta's unique environment, and contribute to the quality of life for La Quinta residents. Implementation Policies The following policies guide the City's Economic Development implementation efforts. They address resource and staffing commitments, annexation strategies, use of City assets, and refinement of City processes. These policies guide City staff as they pursue implementation initiatives. Active Participation in Economic Development The City will actively implement economic development initiatives by committing resources to market development opportunities through direct contact with property owners, commercial and industrial enterprises, resort and lodging operators, and developers. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 13, 2004 ECONOMIC DEVELOPMENT PLAN 20 Il3 IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 16 Financial Resources Commitment The City and Redevelopment Agency will annually dedicate funds to support economic development and infrastructure improvement activities. Public Golf Course Development The Agency has proactively pursued the development of a golf resort that will avail tee times to La Quinta residents and resort guests. The golf courses will be designed to offer championship -quality play. Strike Team A City staff strike team will be maintained comprised of the City Manager's Office and Community Development Department. The Team will be responsible for: (1) working with local businesses to assist, where feasible, with their expansion needs, (2) actively recruiting developers/users to locate in La Quinta, (3) coordinating both the City and Redevelopment Agency economic development efforts, and (4) working with City staff to continually upgrade the City's community development, engineering and building inspection services. Business Retention/Expansion The Strike Team will work with the La Quinta Chamber of Commerce to identify and facilitate business development and expansion opportunities involving existing La Quinta businesses. Economic Base Diversification Emphasis will be placed on pursuing opportunities that will dynamically diversify La Quinta's economic base to include a balance of retail, recreation, and resort uses. City/Agency Private Project Investment City/Redevelopment Agency financial investment will be primarily limited to underwriting infrastructure costs, municipal fee costs, obtaining operating and use covenants, and rehabilitating/refurbishing older commercial structures and centers for projects that enhance overall City development and growth. Further, assisted projects must feature enhanced design and landscaping amenities. In formulating project specific investment parameters, the City will incorporate enhanced building and site maintenance requirements to insure that these amenities are maintained for the life of the development. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 13, 2004 ECONOMIC DEVELOPMENT PLAN 1t ' IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 17 City/Agency Return on Investment For commercial or resort development projects that require City/Redevelopment Agency investment to insure their economic viability, the City/Redevelopment Agency must, by the third year of operation, achieve a 15% to 18% return in the form of City/Redevelopment Agency non -development fee revenue generated (after City service costs are accounted for) on the total dollar amount of City/Redevelopment Agency investment. Further, the City/Redevelopment Agency investment should be fully repaid within a 10-year period, with every attempt to achieve repayment within a 5- to 8-year period. Private Project Investment - Financial Need For commercial, industrial, or resort development projects that request City/Redevelopment Agency financial investment, the City/Redevelopment Agency shall find that off -site infrastructure improvement costs, municipal fee costs, and/or property and building refurbishment and rehabilitation costs are so excessive that the project warrants public investment to underwrite some of these costs in order to generate sufficient returns to attract private investment. Further, if City/Redevelopment Agency financial investment is targeted towards obtaining operating and use covenants, the City/Redevelopment Agency shall find that the desired user achieves the City/Agency Return on Investment parameters described above and generates additional employment, retail and/or recreation opportunities for La Quinta residents. Reuse of Obsolete Commercial Facilities The City/Redevelopment Agency will pro actively work to ensure the reuse of commercial facilities that remain vacant for 6 months or more. These activities will include working with property owners and tenants to identify reuse opportunities, identify site and building improvement needs, and facilitate user/developer recruitment efforts. Highway I I I Corridor Anchor Tenants In order to enhance commercial opportunities the City/Redevelopment Agency will work to secure a major retail anchor for the east end of this corridor. In doing so this corridor will have major demand generating anchors located in corridor Is west, middle and eastern sectors. The City/Redevelopment Agency will then be in a position to reduce, if not cease, its involvement in facilitating vacant land development and instead focus exclusively on facilitating the reuse of obsolete commercial facilities. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 13, 2004 ECONOMIC DEVELOPMENT PLAN ? 2 IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 18 Environmental Compatibility In order to maintain, protect and enhance La Quinta's unique physical environment, all new development projects will be reviewed with added emphasis on their compatibility with their environmental setting to insure preservation of La Quinta's unique natural desert and mountain landscape. Regional Transportation Opportunities The City will pursue joint efforts with regional Annexation Opportunities The City will respond to annexation opportunities as requested that are economically sustainable, enhance its economic future and protect environmentally sensitive areas that are crucial to the La Quinta experience. These will include properties that enhance resort and golf course development opportunities, accommodate commercial, industrial, and .transportation uses, protect environmentally sensitive areas and scenic vistas, and enhance equestrian opportunities. The City will also review potential impacts on current residents, and look at ways to mitigate impacts if they exist. Municipal Properties The City will pursue the timely sale and/or development of all City/Agency owned surplus property with uses that maintain, protect and enhance the environment while achieving a return on the initial City/Agency investment. Recreation Opportunities The City will develop a municipal golf course or other recreational uses that are compatible with surrounding neighborhoods. Further, efforts will be made to develop a comprehensive trail system that links the recreation amenities at Lake Cahuilla and in the Santa Rosa Mountains with the City's residential and resort communities. The City will continue its participation in regional planning efforts to complete a trail system between La Quinta and Palm Desert, inform citizens and residents of the project's progress, and publicize this recreation opportunity once the trail is complete. Streetscape Improvements Future major arterial streetscape and median improvements will be designed to impart a sense of place and a feeling unique only to La Quinta so that residents, ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 23 May 13, 2004 ECONOMIC DEVELOPMENT PLAN 13Q 1 IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 19 visitors and other travelers will experience a sense of arriving at a special destination when traveling to or through La Quinta. Highway 111 Corridor Land Use Diversification The City will encourage the development of commercial, service commercial, office, lodging and light industrial uses within the Highway 111 corridor to diversify the community's economic base. Staff Development City staff will continually work to refine and improve their skills as they relate to fulfilling the mission of the economic development plan and program while reinforcing the perspective that the City is economic survival depends on City staffs ability to serve the public in a courteous, efficient and knowledgeable manner. Prepare New and Update Existing Information Documents On an ongoing basis, City staff will prepare new, and update existing, promotional and community information documents for circulation to potential users and developers. Accomplishments During Fiscal Year 2003-04 The Business Plan presented in the 2003-04 Economic Development Plan identified specific target areas and activities to accomplish during the fiscal year. The following summarizes the accomplishments by target area, as of March 2004. Highway 111 Corridor ■ Miles/Washington Property. The Agency approved a Disposition and Development Agreement (DDA) with California Intelligent Communities that facilitates development of Homewood Suites by Hilton hotel, a boutique hotel, restaurant, and related hospitality uses on this property. The DDA also facilitates development of a medical office center that will be designed to generate demand for the hotel and boutique hotel rooms. The DDA also funds the development of market and affordable single-family dwellings to buffer the hospitality and medical uses from the adjoining single-family residential neighborhoods. ■ Marketing Highway 111 Properties. City staff continued to work with Highway 111 property owners to jointly pursue marketing opportunities. This included promoting development opportunities at the International Council of Shopping Centers' Palm Springs Conference, working with property owners to ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 13, 2004 ECONOMIC DEVELOPMENT PLAN 24 18 40 IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 20 address impediments to development, and facilitating development proposal entitlement needs. ■ One Eleven La Quinta Centre. Initiated activities to implement the reuse agreement with Wal-Mart that facilitates the reuse of their retail building with a new retail user. ■ Anchor Tenant Recruitment. Initiated activities to identify and secure a major anchor tenant for the eastern segment of the Highway 111 corridor. Additional accomplishments include: ■ Washington Park. The City approved and processed development proposals for a Target Department Store, Marshall's, Stein Mart, and other retailers. ■ Centre at La Quinta. The City approved and processed development proposals for the first Wal-Mart Supercenter to open in California, a Petsmart pet supply store, Nextel, Game Stop, and various restaurants. The Village ■ Demonstration Streetscape. Completed the prototypical Village street theme for Avenida La Fonda, including streetlights, new sidewalk, landscaped median, curb and gutter, street construction and restriping. ■ Parking Facilities. Completed analysis of public parking facilities located on the northwest comer of Avenida Bermudas and Avenida Montezuma; improvements are being designed. Additional accomplishments include: ■ Old Town. The City approved and processed development proposals for a multiple -building retail/restaurant/office complex. Tenants include a Hogs Breath Inn Restaurant, Wishes Toy Store, the Boutique clothing store, Stuft Pizza, an art gallery, and a variety of retailers, restaurants, and services. Annexation Feasibility ■ Annexation. Processed 1 annexation at the southwest corner of Avenue 52 and Monroe Street. Resort/Hospitality Opportunities ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 25 May 13, 2004 ECONOMIC DEVELOPMENT PLAN S 3 IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 21 Housing ■ SilverRock Resort. Completed master planning efforts involving the 525 acre property, completed the design of the Phase 1 tournament golf course and initiated construction of the tournament golf course, a temporary clubhouse, required on -and off -site infrastructure, and adjoining street and parkway improvements. ■ La Quinta Housing Program. The Redevelopment Agency continued to implement the La Quinta Housing Program that funds second trust deed mortgages, residential rehabilitation loans, and the purchase of dilapidated dwellings. A total of 27_second trust deed loans were funded, allocated to low and moderate -income households. • La Quinta Rental Housing Program. Sold 3 homes to existing occupants who could qualify for a first trust deed mortgage and who saved funds for a down payment and closing costs. ■ Avenue 48/Adams Street Development. Site planning activities have been competed and the Agency is in the process of transferring the property to the developer so construction may begin. The Affordable Housing Agreement will facilitate development of 149 single-family homes affordable to moderate -income households aged 55 years and older. ■ Avenue 47/Adams Street Development. This project is underway and entails the development of 80 senior apartment units affordable to very low and low-income households. The senior complex is anticipated to be ready for occupancy by the Spring 2004. ■ Vista Dunes Mobile Home Park. The Agency is in the process of purchasing this older mobile home park to facilitate its redevelopment with single-family dwellings affordable to very low income residents. The park purchase activities will be concluded by April of 2004 with property redevelopment activities scheduled to be complete by July 2005. ■ Hammer Property. The Agency entered into escrow with the Hammer Family Trust to acquire a 27.75 acre property. Escrow is scheduled to close by June 2004. Property disposition activities will entail a combination of affordable multi -family housing, and park and commercial uses. Marketing ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 26 May 13, 2004 ECONOMIC DEVELOPMENT PLAN 184 IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 22 ■ Infomercilal. Updated the two versions (local and out -of -market) of the infomercial. Aired in targeted markets along with 10 and 30 second commercial spots. ■ Print Advertising. Advertised in various program guides/publications: International Council of Shopping Centers; Bob Hope Chrysler Classic; Palm Springs Life; The Skins Game; and BizNet 2004 (local chamber event.) ■ Collateral Material. Produced new economic development collateral material (e.g., folder, market inserts, business brochure). ■ Business Expositions. Participated in the International Council of Shopping Centers' Western Division Conference and BizNet 2004. ■ Annual Newsletter. Produced a second annual City newsletter for distribution to La Quinta residents. ■ City Calendar. Created first City calendar for distribution to La Quinta residents (featured facts, photos, important dates/events). ■ Community Services. Maximized exposure for events such as the City Picnic and other community -oriented events. Additional accomplishments include: ■ SilverRock Resort. Selected a marketing firm for SilverRock Resort who worked on the following: a ground breaking ceremony, logo development, branding of the project, a collateral piece, website maintenance, and public/media relations. 2004435Imp le nentation des and Target Areas The following initiatives will be pursued during the 2004-05 fiscal year. It should be noted that the City has accomplished many economic development initiatives within the Highway 111 corridor that have attracted major anchor retailers. The goal for 2004-05 is to continue efforts to secure an additional major anchor tenant for the eastern section of the Highway 111 corridor. If this is accomplished, the Redevelopment Agency can then diminish its role to stimulate economic development in the Highway 111 corridor and let the private market, with major traffic and demand generators in place, complete the build out of this corridor. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 13, 2004 ECONOMIC DEVELOPMENT PLAN ,� r IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 23 A prime focus of the economic development efforts will be to facilitate the development of the first golf course on SilverRock Resort, and to market this property to resort, hotel and hospitality developers and users. Highway II I Corridor Activities to Accomplish in • Continue to market La Quinta development 2004-05: opportunities to regional, hotel and family restaurant/entertainment developers and operators in conjunction with property owners. • Implement the Disposition and Development Agreement that leads to hotel, restaurant, medical office and residential development on the Miles/Washington property. • Facilitate the reuse of the Wal-Mart building at One Eleven La Quinta Center by securing a major anchor tenant for the existing Wal-Mart building. • Secure an anchor user for the eastern section of this corridor. The Village Activities to Accomplish in • Finalize design and complete improvements 2004-05: to the public parking lot located at the northwest corner of Avenida Bermudas and Avenida Montezuma. • Continue to explore live/work loft housing opportunities. • Continue to explore commercial retail development opportunities. Annexation Feasibility Activities to Accomplish in • Continue to discuss potential annexation 2004-05: opportunities and review the potential impacts on current services and financial ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 13, 2004 ECONOMIC DEVELOPMENT PLAN 1 , IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 24 resources. Resort/Hospitality Opportunities Activities to Accomplish in *Complete Phase I development which 2004-05: includes constructing the tournament golf course, on -and off -site infrastructure, parkway improvements, and improving the temporary clubhouse. • Initiate design and development activities for the permanent clubhouse. • Market boutique and resort hotel site opportunities. • Conclude negotiations and execute an agreement to host a major PGA tournament at SilverRock Resort. • Establish a selection process and criteria for potential 4-star and 5-star hotel and boutique hotel developers for SilverRock Resort. • Begin conceptual planning for the retail component of SilverRock Resort. • Solicit proposals from landowners and developers to jointly develop additional resort and hospitality uses throughout the City. Housing Activities to Accomplish in • Initiate and conclude site improvement and 2004-05: dwelling construction activities related to the redevelopment of Vista Dunes Mobile Home Park. • Purchase and reserve additional property for future affordable housing development. • Identify rehabilitation and/or redevelopment opportunities involving existing residential ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA � May 13, 2004 ECONOMIC DEVELOPMENT PLAT IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 25 units. • Initiate and complete the development program and site planning activities related to the Hammer property (Highway 111 and Dune Palms): initiate developer/operator solicitation activities. • Sell additional units in the La Quinta Housing Program to very low-income households. Marketing Activities to Accomplish in Update the two versions (local and out-of- 2004-05: market) of the infomercial and air in various target markets. • Advertise in various economic development and golf tournament program guides/publications. • Continue to participate in the International Council of Shopping Centers' Western Division Conference and the La Quinta Chamber exposition. • Produce a third annual newsletter for distribution to La Quinta residents. • Create a 2006 City calendar for distribution to La Quinta residents. • Create a new City website design utilizing beauty shots and new collateral materials. *Implement new Business Recruitment Program. • Maximize exposure for events such as the City Picnic and other community -oriented events. • Continue marketing efforts for SilverRock Resort (grand opening, logo, branding, website, media, retail/hotel/golf play marketing, collateral material). ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 13 2004 ECONOMIC DEVELOPMENT PLAN " 18� Exhibit 2M"5 Economic Devel-----er�t Plan Strategies and Tasks to Stimulate Private Investment in La Quinta ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA May 13, 2004 ECONOMIC DEVELOPMENT PLAN 31 189 eIN. Qum& INK OF COUNCIL/RDA MEETING DATE: May 18, 2004 ITEM TITLE: Approval of City of La Quinta Marketing Plan for Fiscal Year 2004-05 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: zn,� STUDY SESSION: PUBLIC HEARING: Approve a City of La Quinta Marketing Plan for Fiscal Year 2004-05, and renegotiate a contract with Kiner Goodsell Advertising for professional marketing services to be rendered in Fiscal Year 2004-05. FISCAL IMPLICATIONS: None associated with this action, as the City Council is being asked to consider approval of the City's Marketing Plan for Fiscal Year 2004-05 (in its narrative form). However, implementation of the proposed Plan has potential financial implications totaling $282,000, which will be included in the Preliminary FY 04/05 Budget and represents the total cost of implementing all the marketing programs included within the Plan. As in previous years, the majority of marketing items are programmed for implementation by a professional marketing firm, with some items being handled directly by staff or via other professional means. Kiner Goodsell Advertising, the City's current marketing firm, proposes to work with the City again in Fiscal Year 2004-05 and has submitted a scope of work along with a corresponding budget estimate of $250,000. Their new budget estimate represents an increase of $85,500 over fiscal year 2003-04 primarily due to the following recommendations: produce new infomercials, redesign the City's website, and implement a new business recruitment program. 1-i CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The City's Marketing Plan is a key tool in promoting and supporting economic development in the City. BACKGROUND AND OVERVIEW: On April 6, 2004, the City Council considered marketing programs for the City of La Quinta via a study session. At that time, Kiner Goodsell presented recommended marketing ideas for Fiscal Year 2004-05 for Council consideration and direction. Generally, the Council favored the recommended marketing programs, many of which mirror the efforts of the current fiscal year. The Council seemed to welcome two proposed new programs, Business Recruitment Marketing and Website Redesign, while the Discount Shopper Program (the old "Shop/Dine" idea) did not garner Council support. Based on this input and consistent with their contract with the City, Kiner Goodsell has prepared the proposed City of La Quinta Marketing Plan for Fiscal Year 2004-05 (Attachment 1). The Plan is in narrative/concept form, and in keeping with last year's process, staff is recommending that the Council approve only the Plan at this time. If approved, staff will develop an operating budget currently estimated at $282,000, in conjunction with the City's Fiscal Year 2004-05 budget. Briefly, the proposed City of La Quinta Marketing Plan for Fiscal Year 2004-05 includes the following programs: Economic Development Infomercials/Spot TV - Create and broadcast completely new infomercials (local and out -of -market); produce new 30-second spots (budget estimate = $79,500). • Business Recruitment Marketing Program - Implement new program to assist local developers in attracting desired retailers to their centers via a one-time workshop, resident survey, and targeted "recruitment" packet (budget estimate = $19,000). • Local Event Advertising - Continue advertising in program guides of local events including ICSC, Bob Hope Chrysler Classic, and The Skins Game (budget estimate = $ 9,000) . • Print Communications Vehicles - Continue production of City newsletter, City calendar, and Palm Springs Life advertorial (budget estimate = $61,500); redesign/enhance City website (budget estimate = $40,000). 2 Igo • Community Services Advertising - Support community services events such as the City picnic, library grand opening, and skate park grand opening (budget estimate = $5,000). Consultant Retainer - Monthly retainer fee to cover account service hours, planning, research, meetings, etc. (budget estimate = $36,000). • Other Marketing Efforts - Advertising contingency (budget estimate = $20,000), City promotional items (budget estimate = $7,000), and Date Festival sponsorship (budget estimate = $5,000). Kiner Goodsell also prepared a proposed scope of work for Fiscal Year 2004-05, with a corresponding budget estimate of $250,000 (Attachment 2). The scope of work generally parallels the marketing items in the proposed Plan since Kiner Goodsell is prepared to work with the City again in 2004-05 on implementing the majority of the City's marketing programs. Kiner Goodsell has not included the last item (Other Marketing Efforts) in their scope of work given these items have historically been handled directly by staff. In addition, although Kiner Goodsell is prepared to fulfill the work associated with a new City website design, staff is not proposing it remain in their scope of work. The requested budget for this task is $40,000 and, as Kiner Goodsell indicates at the bottom of Attachment 2, it is a rough figure to be better determined upon definition of specific elements and deliverables. Although staff has not established a process for awarding this work, consideration is being given to issuance of a Request for Proposal. Staff is proposing this item remain in the City's Marketing Plan for Fiscal Year 2004-05 for implementation purposes. The proposed overall marketing budget for Fiscal Year 2004-5 can be outlined as follows: consultant/professional services ($210,000); website redesign work ($40,000); and other marketing efforts handled by staff ($32,000). However, as stated earlier, staff is seeking Plan approval only, with a more defined marketing budget to be considered during the normal budget process. Professional marketing services can be retained by renegotiating a contract with Kiner Goodsell, the City's current marketing firm. The City's Municipal Code allows exemption by the City Council from competitive proposal solicitation "where experience with the proposed service provider has demonstrated competence and satisfactory performance or in the renewal or renegotiation of existing contracts for continuing services." Alternatively, consistent with specific procedures prescribed by the Council regarding contracts for major services, i.e., with an estimated value of twenty-five thousand dollars or greater, the Council may wish to consider solicitation of competitive proposals arid a formal selection process. The last time the City 3 93 solicited proposals from qualified marketing firms for implementation of the City's marketing plan was in the spring of 2002. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a City of La Quinta Marketing Plan for Fiscal Year 2004-05, and authorize staff to renegotiate a contract with Kiner Goodsell Advertising for professional marketing services to be rendered in Fiscal Year 2004-05; or 2. Approve a City of La Quinta Marketing Plan for Fiscal Year 2004-05 with changes, and renegotiate a contract with Kiner Goodsell Advertising for professional marketing services to be rendered in Fiscal Year 2004-05; or 3. Approve a Request for Proposals process and authorize staff to solicit proposals from qualified marketing firms; or 4. Do not approve a City of La Quinta Marketing Plan for Fiscal Year 2004-05; or 5. Provide staff with alternative direction. Respectfully submitted, V Je -\ %, Mark Weiss, Assistant City Manager Approved for submission by: (10Z 0 Thomas P. Genovese, City Manager Attachments: 1. Proposed City of La. Quinta Marketing Plan for Fiscal Year 2004-05 2. Kiner Goodsell's Proposed Scope of Work for Fiscal Year 2004-05 194 4 Attachment 1 City of La Quinta Marketing Plan for Fiscal Year 2004-05 Prepared by: Kiner/Goodsell Advertising The City of La Quinta continues to offer exciting economic development opportunities, and while communicating growth availability with developers and retailers, the City also wishes to maintain strong communication efforts with its residents regarding economic development/public safety updates as well as community services events. The following new and continuing marketing strategies are being presented for implementation during the 2004-05 fiscal year to assist the City in achieving its marketing goals: Economic Development Economic Development Infomercial/Spot TV: Budget sufficient funds to create completely new infomercials, both local and out -of -market. Budget will allow for all new b-roll shots so the pieces will be fresh and up-to-date. Out -of -market version will highlight the fast-growing market, "success stories" of boutique -type retailers, and SilverRock Resort. Local version will touch on public safety, new community services, SilverRock Resort, and an economic development segment encouraging existing Coachella Valley businesses to consider opening a second (or additional) location in La Quinta. Increase airtime budgets to allow for more broadcast coverage of the brand new infomercials. Also produce :30 second spots to air locally during busy periods (centered around major local events). Local Event Advertising: Continue a strong presence with prominent local events, such as the ICSC Convention, the Bob Hope Chrysler Classic and The Skins Game, through program guide advertising. These ads reach visitors in town for these events who may be interested in relocating and opening a business in La Quinta. Business Recruitment Marketing Program: Assist local developers in attracting retailers to fill their developments. Put together a Commerce Advisory Group — a one- time workshop where a mix of developers and local businesses can offer input on ways the City could help attract businesses to developments with capacity in La Quinta (i.e., what types of businesses they want "courted" most, etc.). Conduct a 500-person study of La Quinta residents asking what they want to see in La Quinta. The results of the study would be used to recruit desired businesses (e.g., 83% of La Quinta residents polled want to see like to see more home goods stores in La Quinta: this would be the "headline" of packets being distributed to home goods retailers). The study would also act as a community relations tool showing residents that the City values their input and is trying to build the community to include the services and amenities they (the residents) want to have close to home. Both the workshop input and the survey results would be used to create a marketing program aimed at: A) Primary Audience: Coachella Valley Businesses (for a second or additional location) B) Secondary Audience: Southern California Businesses Put together a "wish list" of businesses and types of businesses the developers and residents would like to see in La Quinta. Then, assemble a package to "recruit" these businesses, including many of the collateral materials being produced this year (with the addition of a map showing the different developments in La Quinta and contact information for each proj ect's commercial leasing agent). Distribute these packets to targeted local businesses, and mail to Southern California businesses, with follow-up calls to help recruit these desired businesses through an extensive marketing program. Public Information Print Communications Vehicles: Continue to communicate important public safety information, community services and economic development updates, SilverRock Resort progress, and budget/funding information through the Palm Springs Life Advertorial (October Desert Cities Progress Issue), the City calendar (next year's theme: golf), and the annual newsletter. Redesign Website: Create a compelling new web design for the City that is more reflective of the sophistication and allure of the City of La Quinta. Include the new photography from the photo library that has been built over the past 3 years, add the ability to sign up for community services program online, etc. (until exact desired elements are determined, this project has only been roughly estimated). Community Services Community Services Marketing Support: Create postcards, posters, and other materials to support community services events such as the City picnic, library grand opening, and skate park grand opening. Other Marketing Efforts Maintain a contingency account for unique advertising opportunities; maintain a promotional items account for purchase of City items, e.g., golf balls, pens, highlighters, coasters; and continue sponsorship of the County Fair and National Date Festival. 9� 6 2004-2005 Marketing Programs "At -a -Glance" Economic Development Electronic Media • Update both versions of the infomercial with new footage of progressing projects for broadcast in the Coachella Valley, the Inland Empire, San Diego and the Pacific Northwest. • Create new economic development 30-second spots and broadcast during local newscasts. Economic Development Marketing Recruitment Program • Coordinate Commerce Advisory Group workshop, conduct 500-person study of La Quinta residents, design/print map of available developments in La Quinta and implement marketing recruitment program to desired businesses. Economic Development/Local Event Advertising • Advertise in the ICSC Program Guide, Bob Hope Classic Program, and The Skins Game Program to showcase opportunities in La Quinta to prospective developers and real estate financiers visiting La Quinta (and the Palm Springs area). Public Information Vehicles • Continue annual City newsletter, informing residents of economic development projects, new community amenities, and City finances. • Create City calendar as a tool to communicate with residents, as well as offer a nice gift for the community. • Advertise in the 2004 Palm Springs Life Desert Cities Progress issue. • Redesign and enhance City website. Community Services Advertising • Advertise in support of museum grand opening, City Picnic, etc. Consultant Retainer • Retainer fee to cover account service hours, planning, research, etc. Other Marketing Efforts • Advertising contingency, purchase of City promotional items, and sponsorship of Date Festival. 7 A91 Attachment 2 Kiner Goodsell's Proposed Scope of Work for Fiscal Year 2004-05 Economic Development Electronic Media $799500 • Update both versions of the infomercial with new footage of progressing projects for broadcast in the Coachella Valley, the Inland Empire, San Diego and the Pacific Northwest. • Create new economic development 30-second spots and broadcast during local newscasts. Economic Development Marketing Recruitment Program $199000 • Coordinate Commerce Advisory Group workshop, conduct 500-person study of La Quinta residents, design/print map of available developments in La Quinta and implement marketing recruitment program to desired businesses. Economic Development/Local Event Advertising $9,000 • Advertise in the ICSC Program Guide, Bob Hope Classic Program, and The Skins Game Program to showcase opportunities in La Quinta to prospective developers and real estate financiers visiting La Quinta (and the Palm Springs area). Public Information Vehicles $101,500 * • Continue annual City newsletter, informing residents of economic development projects, new community amenities, and City finances. • Create City calendar as a tool to communicate with residents, as well as offer a nice gift for the community. • Advertise in the 2004 Palm Springs Life Desert Cities Progress issue. • Redesign and enhance City website. Community Services Advertising $59000 • Advertise in support of museum grand opening, City Picnic, etc. Consultant Retainer $369000 • Retainer fee to cover account service hours, planning, research, etc. TOTAL KINER MARKETING BUDGET $2509000 * This category may come in lower depending on specific elements determined for website redesign and enhancement. Website budget has only been roughly estimated because exact deliverables have not yet been identified. 19 8 Sep CV �. of T9 COUNCIL/RDA MEETING DATE: May 18, 2004 ITEM TITLE: Approval of Application for SB 821 Bicycle and Pedestrian Facilities Program Grant Funds for Installation of Sidewalk on the South Side of Westward Ho Drive to a Point Approximately 650 Linear Feet East of. Dune Palms Road RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: X STUDY SESSION: PUBLIC HEARING: Approve an SB 821 Program grant application in the amount of $25,099 for the installation of sidewalk on the south side of Westward Ho Drive from the corner of Dune Palms Road to a point approximately 650 feet east. FISCAL IMPLICATIONS: The total cost for the proposed sidewalk project is an estimated $50,198. The City is proposing a 50% match (or $25,099). The City's share would be funded through the Redevelopment Project Area No. 1 Fund (Account #405-0000-290.00-00), set aside for sidewalk improvements and handicap ramps in the City's 2003-04 CIP. CHARTER CITY IMPLICATIONS: None for this action. BACKGROUND AND OVERVIEW: On April 19, 2004, the City of La Quinta received notification from the Riverside County Transportation Commission (RCTC) regarding the availability of SB 821 Program funds. Section 99233.3 of the State Public Utilities Code sets aside 2% of the Local Transportation Fund in each county to fund facilities for the exclusive use of pedestrians and bicyclists. For FY 2004-05 (beginning July 1, 2004), it is estimated that $1,026,700 will be available countywide. The City has been awarded funds under this grant program on several occasions in the past and proposes to apply again during this cycle. The City is proposing a project for the upcoming Fiscal Year which involves the installation of sidewalk on the south side of Westward Ho Drive from the corner of Dune Palms Road to a point approximately 650 feet east. 199 The SB 821 draft application is included as Attachment 1 and is essentially complete; however, maps and photos will be attached to the final application package. The grant application is due to RCTC on May 28, 2004. This sidewalk project was chosen to fill in a gap between Roadrunner Lane and Dune Palms Road on Westward Ho Drive. The developer of the property at the southwest corner of Roadrunner Lane has been conditioned to provide sidewalk in front of his development on Westward Ho Drive. This sidewalk project will provide continuous off- street safe passage for students walking to La Quinta High School from Roadrunner Lane to Dune Palms Road. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an SB 821 Program grant application in the amount of $25,099 for the installation of sidewalk on the south side of Westward Ho Drive from the corner of Dune Palms Road to a point approximately 650 feet east; or 2. Do not approve an SB 821 Program grant application in the amount of $25,099 for the installation of sidewalk on the south side of Westward Ho Drive from the corner of Dune Palms Road to a point approximately 650 feet east; or 3. Provide staff with alternative direction. Respectfully submitted, &AAol- lgtk Terry Deeringer, Management Assistant Approved for submission by: 1 • Thomas P. Genovese, City Manager Attachment: 1. Draft SB 821 Program Grant Application for FY 2004/05 for Westward Ho Sidewalk 2 FY 04/05 SB 821 Bicycle and Pedestrian Facilities Program CALL FOTJ,&%WENT 1 I. APPLICANT INFORMATION DRAFT Lead Agency: City of La Ouinta Address: P. 0. Box 1504 La Quinta, California. 92253 Contact Person: Terr.�r Deeringer Title: Management Assistant Telephone #: (760) 777-7041 Fax #: (760) 777-7101 E-mail Address: tdeering la-quinta.org II. PROJECT BUDGET AND SCHEDULE Revenue: Amount SB821 Requested: Amount of Local Match: Total Project Cost: Expenses: Engineering/Admin. Right -of -Way Clearing and Grubbing Construction Other (specify) Inspection/Testing Contingency (15%) $ 25x099 _ ( 50%) $ 25.,099 ( 50%) $ 50.198 ( 100%) $ 7,150 $ 0 $ 7.500 $ 25,500 $ 3,500 $ 6. x548 Est. Starting Date (Mo/Yr): August 2004 Est. Ending Date (Mo/Yr): July 2005 III. PROJECT DESCRIPTION Indicate the nature and type of projects) proposed, design considerations and average daily auto traffic levels in area. For sidewalk proposals the following MUST be provided. In residential areas indicate the number of residences along the segment. Where schools are served, pro vide the total enrollment as well as the number of students who walk to school along the roadway section identified for improvement. If sidewalks are available across the �`� 3 FY 04/05 SB 821 Bicycle and Pedestrian Facilities Program CALL FOR PROJECTS street from the project segment, this must be stated. (A ttach additional pages if more space is needed). The City of La Quinta is proposing to install sidewalk on Westward Ho Drive (from Dune Palms Road +/- 650 feet east), across from La Quinta High School. Average daily traffic level per day is 2,446 vehicles on Westward Ho Drive and 4,562 vehicles per day on Dune Palms. Road (as of March, 2003). There is a single residence directly adjacent to the proposed sidewalk, as well as several small, vacant lots. This sidewalk will, however, serve a large residential area that includes several housing tracts (which encompass 181 residences) located on the south side of Westward Ho Drive. The developer of a small subdivision containing 26 lots at the southwest corner of Westward Ho Drive and Roadrunner Lane is being conditioned to install the remaining portion of sidewalk from 650 feet east of Dune Palms Road extending further east to Roadrunner Lane. There is existing sidewalk on the north side of Westward Ho Drive. La Quinta High School is the only high school in the 31.2 square -mile city, with an enrollment of 2,500 students this year. The school district does not provide figures at the high school level for students who walk to school. The La Quinta Park is an 18-acre park on the north side of Westward Ho Drive that serves as the City's largest park. It houses baseball and soccer fields, a tot lot, concession stand and restrooms, and will be the future home to the City's largest skate park and interactive water feature. IV. STATEMENT OF BENEFIT 1. Use The proposed sidewalk will be used primarily by students to access La Quinta High School, and by neighborhood families and children traveling to and from the La Quinta Park. 2. Safe Currently, there are narrow, sandy shoulders along the south side of Westward Ho Drive. Students must walk close to the road, thus exposing themselves to heavy traffic. Along with parents driving their students to and from school, there are also many teenagers driving to and from school, which only increases the dangers for pedestrians walking in or near traffic. Additionally, it is imperative to provide a safe walkway for neighborhood children traveling to and from the La Quinta Park. 7 .i n 4 FY 04/05 SB 821 Bicycle and Pedestrian Facilities Program CALL FOR PR03ECTS 3. Importance as a Transportation Alternative This project will provide a convenient transportation alternative for local students and area residents traveling to and from La Quinta High School and the La Quinta Park. La Quinta High School, having sports fields, a football stadium, a pool, a track, and a theater, is also a venue for community events. This sidewalk would provide a transportation alternative for area residents attending these events. Area youth and adult sports organizations (soccer, baseball, football) will be using the fields at the La Quinta Park year-round. The installation of this sidewalk will encourage participants living in the nearby developments to walk to the park. 4. Missin_g. Link Extension. or Connectivity The proposed sidewalk on the south side of Westward Ho Drive will eventually connect with sidewalk to the north, which leads into a residential development. 5. Matchina Funds The City of La Quinta is providing a 50% match for this project. 6. Population Equity To be calculated by. RCTC 7. Physical Accessibility Enhancement The sidewalk will be constructed within ADA guidelines and will include a handicap access ramp. This will enhance access to La Quinta High School and the La Quinta Park. V. Please attach an 8 1/2 x 11 map showing project(s) location, limits and existing pedestrian/bicycle facilities. Photos of project site are encouraged. VI. CERTIFICATION I certify that the information presented herein is complete and accurate and if this agency receives funding it will be used solely for the purposes stated in this application. 4W : 3 5 FY 04/05 SS 821 Bicycle and Pedestrian Facilities Program CALL FOR PROTECTS Additionally, I understand that if funding is received, RCTC will be provided with a Minute Action from our governing board approving the initiation of the work effort. Signature Date Title City Manager 42 4 6 0 v � r Twit 4 OF COUNCIL/RDA MEETING DATE: May 18, 2004 ITEM TITLE: Approval of Application for SB 821 Bicycle and Pedestrian Facilities Program Grant Funds for Bike Lane Striping and Signage Along Portions of Avenue 52 from Eisenhower to Jefferson RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /uui�7 STUDY SESSION: PUBLIC HEARING: Approve an SB 821 Program grant application in the amount of $10,104 for bike lane striping and signage along portions of Avenue 52 from Eisenhower to Jefferson. FISCAL IMPLICATIONS: The total cost for the proposed bike lane striping and signage project is an estimated $ 20, 209. The City is proposing a 50% match (or $10,105) . The City's share would be funded through Account #101-7003-431.31-07, which account is set aside for striping in the Public Works Department budget. CHARTER CITY IMPLICATIONS: None for this action. BACKGROUND AND OVERVIEW: On April 19, 2004, the City of La Quinta received notification from the Riverside County Transportation Commission (RCTC) regarding the availability of SB 821 Program funds. Section 99233.3 of the State Public Utilities Code sets aside 2% of the Local Transportation Fund in each county to fund facilities for the exclusive use of pedestrians and bicyclists. For FY 2004-05 (beginning July 1, 2004), it is estimated that $1,026,700 will be available countywide. The City has been awarded funds under this grant program on several occasions in the past and proposes to apply again during this cycle. This project involves the installation of striping and signage for bike lanes on both the north and south sides of Avenue.52 from Eisenhower Drive to Washington Street, and on the north side of Avenue 52 from Washington Street to Jefferson Street. The SB 821 draft application is included as Attachment 1 and is essentially complete; however~ maps and photos will be attached to the final application package. The grant application is due to RCTC on May 28, 2004. The Eisenhower to Washington portion of this striping project was identified as one of the City's top priorities in CVAG's Non -Motorized Transportation Plan (Attachment 2), and the Washington to Jefferson portion was identified as part of a third priority project. The latter of the two portions also completes the loop formed by existing striping on Washington, Highway 111, and Jefferson. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an SB 821 Program grant application in the amount of $10,104 for bike lane striping and signage along portions of Avenue 52 from Eisenhower to Jefferson; or 2. Do not approve an SB 821 Program grant application in the amount of $10,104 for bike lane striping and signage along portions of Avenue 52 from Eisenhower to Jefferson; or 3. Provide staff with alternative direction. Respectfully submitted, Terry De anger, Manage nt Assistant Approved for submission by: 1 ' Thomas P. Genovese, City Manager Attachment: 1. Draft SB 821 Program Grant Application for FY 2004/05 for Bike Lane Striping & Signage 2. Excerpt from CVAG's Non -Motorized Transportation Plan ATTACHMENT 1 FY 04/05 SB 821 Bicycle and Pedestrian Facilities Program CALL FOR PROJECTS I. APPLICANT INFORMATION Lead Agency: Cily of La Quinta Address: P. 0. Box 1504, La Quinta, California, 92253 Contact Person: Terri/ Deeringer Title: Management Assistant Telephone #: (760) 777-7041 Fax #: (760I 777-7101 E-mail Address: tdeering@la-quinta.or4 II. PROJECT BUDGET AND SCHEDULE Revenue: Amount SB821 Requested: Amount of Local Match: Total Project Cost: Expenses: Engineering/Admin. Right -of -Way Clearing and Grubbing Construction* $ 10104 ( 50%) $ 10,105 ( 50%) $ 20,209 ( 100%) $ 4' 123 $ 0 $ 0 $ 12,450 *See attached Exhibit A for breakdown Other (specify) Inspection/Testing Contingency (15%) $ 11000 $ 2x636 Est. Starting Date (Mo/Yr): August, 2004 Est. Ending Date (Mo/Yr): May, 2005 III. PROJECT DESCRIPTION The proposed project involves striping, pavement markings, and signage for Class II bike lanes along Avenue 52 on existing roadway that runs east and west and connects two other major arterials, namely Washington Street and Jefferson Street. The striping will cover approximately 16,748 linear feet. The project area is surrounded by residential neighborhoods. The installation of bikeways in this area would serve area residents by providing necessary links between their homes and the numerous activity centers in the surrounding project area, including parks, hiking, shopping, restaurants and a variety of businesses. 2. ;; r' 3 FY 04/05 SB 821 Bicycle and Pedestrian Facilities Program CALL FOR PROJECTS The average daily traffic count (as of January, 2004) eastbound and westbound on Avenue 52 between Eisenhower and Jefferson was 19,467. This project will provide a link between Jefferson Street and Washington Street and will improve continuity with the existing bikeways on those streets. It will also enable cyclists coming from the southeasterly portion of the City to access City Hall, the Civic Center Campus, the Senior Center, Frances Hack Community Park, Fritz Burns Park, the La Quinta Village Center, library, post office, numerous shops and restaurants in The Village, the Bear Creek Pedestrian/Bike Path, and the Cove Oasis Trailhead, which provides miles of hiking trails in the Santa Rosa Mountains. The proposed project is consistent with the City of La Quinta's Bicycle Transportation Plan ("BTP") approved by Caltrans in 1997, and reaffirmed by the City Council on March 7, 2000. The portion of the project from Eisenhower to Washington is listed as a "top priority" for the City in the local council of governments' (Coachella Valley Association of Governments) Non -Motorized Transportation Element, which was adopted by the City Council by Resolution No. 2002-152 on November 19, 2002. IV. STATEMENT OF BENEFIT Address the project benefits according to the following project Selection Criteria. A discussion of the criteria and assigned scoring points are included with the Call for Projects Transmittal Letter. 1. Use The potential use of the proposed Avenue 52 bicycle lane is great due to the trip generators and attractors served by the project. Avenue 52 serves numerous housing developments along its length, and serves as a connector between Jefferson Street (a major north/south arterial) and the Village area of La Quinta, which is home to City Hall, the Senior Center, library, parks, shops, restaurants, etc. In addition, the City's largest economic development project, SilverRock Resort, which is currently underway, is expected to attract residents and tourists alike with its planned multi -purpose trails, two 18-hole golf courses, numerous open space areas, boutique hotel, resort hotel, and retail shops. The first golf course is expected to be ready for play in early 2005. The SilverRock Resort project is a 525- acre parcel that runs along Avenue 52 from just east of Washington Street all the way to Jefferson and then south. The City will be widening Avenue 52 on the south side and putting bike lane striping on that side as part of the SilverRock project. t�' �3 4 FY 04/05 SB 821 Bicycle and Pedestrian Facilities Program CALL FOR PROJECTS 2. Safe There are currently no bicycle lanes on Avenue 52 on either side of the street, causing potential bicycle -pedestrian -automobile conflict. The installation of the bicycle lane will create a safe condition for bicyclists that currently use Avenue 52. 3. Importance as a Transportation Alternative The Avenue 52 bicycle lane will provide an important transportation alternative to commuters using it to access the "downtown" area of the City. The Fritz Burns Park, La Quinta Community Park, public library, post office, grocery store, and retail shops are all located within a very short distance of Avenue 52. The project is consistent with several planning and policy documents, such as the City of La Quinta General Plan, Bike Route Plan, and the CVAG Non -Motorized Transportation Plan. 4. Missina Link Extension, or Connectivity This project would provide a missing link between existing bicycle lanes on Jefferson Street and Washington Street. There are also bike lanes on Avenida Bermudas and Eisenhower Drive, both of which connect the Cove neighborhood to Avenue 52. By extending our bike lane out to Jefferson, we also come closer to providing connectivity with the City of Indio, whose city limits begin just east of Jefferson Street. 5. Matchin4 Funds As most of this are is adjacent to existing developments and individual residences, there are no conditions to be met by developers for bike lane striping (as there would be were there new development occurring in the area). For this reason, the City will commit to a 50% match. 6. Population Equity (to be calculated by RCTP 7. Physical Accessibility Enhancement The proposed bike lane will provide physical accessibility to cyclists on Avenue 52. 4,:1 5 FY 04/05 SB 821 Bicycle and Pedestrian Facilities Program CALL FOR PROJECTS V. Please attach an 8 1/2 x 11 map showing project(s) location, limits, and existing pedestrian/bicycle facilities. Photos of project site are encouraged. VI. CERTIFICATION I certify that the information presented herein is complete and accurate and if this agency receives funding it will be used solely for the purposes stated in this application. Additionally, I understand that if funding is received, RCTC will be provided with a Minute Action from our governing board approving the initiation of the work effort. Signature Date Title City Manager A 6 4.119 EXHIBIT A CITY OF LA QUINTA PROPOSED BIKELANE IMPROVEMENTS AVENUE 52 ESTIMATED PROJECT BUDGET Item Mobilization Traffic Control Paint 6" wide white bike lane stripe/legends (Detail 39/39A) Signing Qty Unit Unit Cost 1 LS $2,000.00 1 LS $1, 500.00 16748 LF $0.20 1 LS $5,600.00 TOTAL: TOTAL ESTIMATED CONSTRUCTION COST: ENGINEERING: INSPECTIONITESTING: .ADMINISTRATION: SUBTOTAL: CONTINGENCY (15%): GRAND TOTAL: Project Description/Limits: 1. Install 6" wide white bike lane stripe on Avenue 52 (EB/WB Directions) from Eisenhower Drive to Washington Street (Approx. 8,444 LF). 2. Install 6" wide white bike line strip on Avenue 52 (EB Direction) from Washington Street to Jefferson Street (Approx. 8,300 LF). Total $2,000.00 $1,500.00 $3,350.00 $5,600.00 $129450.00 $12,450.00 $39500.00 $19000.00 $623.00 $17,573.00 $2,636.00 $20,209.00 421i ATTACHMENT 2 CHAPTER 5: BICYCLE PLANS I Class II on Madison Street from Avenue 54 to Avenue 58 (2 miles) Class II on Airport Boulevard from Madison Street to city limit 0 mile) Proposed La Quinta has proposed 18 bikeway projects to be included in this Plan. They include two Class I projects, 15 Class II projects, and one Class III project. The projects are listed below by priority. Top priority project costs are based on past expenditures for bikeways throughout California. Costs for individual projects will vary by location and complexity of the project. Class I projects are estimated at $500,000 per mile, Class II projects are estimated at $50,000 per mile, and Class III projects are estimated at $10,000 per mile. City of La Quinta Top Priority Projects Class Street/Path From To Milea a Cost Destinations Whitewater River- 1 Happy Point SR-11 t Washington Street 0.50 $250,000 Regional Connector connection II Avenida Bermudas Calle Sinaloa Calle Tecate 1.50 $37,500 la Quinta Cove southbound only II Calle'Tecate Avenida Madero Avenida Bermudas 0.50 $12,500 la Quinta Cove westbound only City Hall, la Quinta II Avenue 52 Eisenhower Drive Washington Street 0.75 07,500 Cove City of La Quinta 2nd Priority Bikeway Projects Class Street/Path From To II Washington Street northern. city limit Avenue 50 _ I 7 Jefferson Street northern city limit Avenue 54 City of La Quinta 3rd Priority Bikeway Projects Class Street/Path From To I Whitewater River Washington Street Indio city limit I All American Canal Avenue 50 Avenue 54 II Fred Waring Drive Washington Street Jefferson Street II Miles Avenue' Washington Street Jefferson Street II SR-1 11 Indian Wells city limit Indio city limit 11 Avenue 50 Washington Street Madison Street 11 Calle Tampico, Park Avenue Washington Street Avenue 50 II Avenida Bermudas Calle Tampico Calle Sinaloa 11 Avenue. 52 Washington Street eastern city limit 11 Avenue 54 Jefferson Street eastern city limit tl Avenue 58 Jefferson Street eastern city limit CVAG Non -Motorized Transportation Plan 414, 8. 0 0 c� 4 OF T�ti9 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: May 18, 2004 ITEM TITLE: Authorization for Overnight Travel for Two Members of the City Council and the City Manager to Attend the League of California Cities Mayors and Council Members Executive Forum in Monterey, California to be held July 28, 29 and 30, 2004 RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for two members of the City Council and the City Manager to attend the League of California Cities Mayors and Council Members Executive Forum in Monterey, California to be held July 28, 29 and 30, 2004. FISCAL IMPLICATIONS: Expenditures for this conference are estimated as follows: Registration $ 395 Travel $ 350 Hotel $ 800 Meals $ 300 Total $1845 TOTAL (for three) $5535 Funds for this conference attendance will be reflected in the FY 04/05 Preliminary Budget, and will be contingent on future City Council action, in the Legislative Program's Travel, Training and Meetings Account '(#101-1001-411.51-01) and the City Manager's Office Travel, Training and Meeting Account (#101-1002-413.51- 01). CHARTER CITY IMPLICATIONS: None. 213 BACKGROUND AND OVERVIEW: The League of California Cities is offering a Mayors and Council Members Executive Forum in Monterey, California, July 28, 29 and 30, 2004 (Attachment 1). This event will focus on key city issues and current hot topics such as the state budget, housing, transportation and water issues. Mayor Adolph and Council Member Henderson have expressed an interest in attending this meeting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for two members of the City Council and the City Manager to attend the League of California Cities Annual Conference in Monterey, California to be held July 28, 29 and 30, 2004; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Terry Deeringer, Management Assistant Approved for submission by: C� 0OX Thomas P. Genovese, City Manager Attachment: 1. Announcement -- League of California Cities 2004 Mayors and Council Members Executive Forum 2 LEAGUE OF CALIFORNIA CITIE Leadership Through Learning ATTACHMENT 1 Wednesday, July 28, - Friday, July 30, 2004 Monterey Conference Center, Monterey Adfe# tee. .�- .� a� 74*W You Will Want To Attend If You Are A... Mayor ➢ Council Member ➢ City Manager You Will Benefit From This Program By... ➢ Exploring the 12 Keys to Public Leadership ➢ Determining why the challenge of smart decision making requires a grounding of good character and ethics ➢ Learning about housing, transportation, and water issues affecting your city ➢ Discussing key city issues and current hot topics such as the state budget. ➢ Making and renewing valuable contacts and friendships ➢ Earn Advanced Leadership credit in the Mayors and Council Members Academy Be sure to sign up for the Mayors and Council Members Academy — Advanced Leadership Workshop following this conference. to Register: -Mail the Reistratin Form Registration The registration fee includes program materials including a CD-ROM, two continental breakfasts, Wednesday dinner reception at the Memory. Garden, Thursday lunch and networking/cocktail reception. Registrations postmarked by Friday, July 9, 2004, will also receive a $25 discount coupon to be used at the CityBooks bookstore. CityBooks can help increase your leadership skills and professional knowledge in vital areas. Don't miss this great way to expand and share your learning with colleagues at city hall! Full payment must accompany the registration form. Check, money order, Visa or MasterCard are accepted. The League is unable to accept purchase orders, American Express or Discover cards. If paying by credit card please fax your registration form to (916) 658-8220 or register online at www.cacities.org/events. If you have questions, please contact Conference Registration at (916) 658-8291. Special Accommodations If you require special accommodations related to facility access, communication and/or diet, please contact Conference Registration at (916) 658-8291. Guest/Spouses There is no registration fee to attend the 2004 Mayors and Council Members Executive Forum sessions for guest/spouses who are not city or other public officials or vendors to cities. Guest/spouses of registered attendees may purchase meal or special event tickets for an additional fee at the registration desk. For information on local events within the city, please contact the hotel concierge desk or visit www.gomonterey.org. Airlines We invite you to visit www.cacities.ore/travel for the new Enhanced Local Government Airfare Program. Directions From Northern California: Take Highway 101 South to Highway 156 West to Highway 1 South Exit at Pacific Grove/Del Monte Avenue. Continue down Del Monte Avenue for 1.5 miles, staying in the left lane. Stay to the left past the fork following downtown signs (not going through the tunnel). The. convention center is 2 blocks up on the right side in Portola Plaza. (Right turn off Del Monte Blvd.). From Southern California: Monterey Peninsula Exit, which will bring you to Highway 68. Travel on Highway 68 to Highway.I South. Take the first Monterey exit. Turnright at the first stop light (Camino Aguaj ito) and continue until it dead -ends. Turn left on Del Monte Avenue and stay to the left past the fork following downtown signs (not going through the tunnel). The convention center is 2 blocks up on the right side in Portola Plaza (Right turn off Del Monte Blvd.). Hotels Doubletree Hotel 2 Portola Plaza Monterey, CA 93940 (831) 6494511 $169.00 single/double (plus 10.05% hotel tax) Valet parking $15/day, self -parking $13/day www.doubletregMglterey.com Merritt House 386 Pacific Street Monterey, CA 93940 (831) 646-9686 $169 single/double (plus 10.00% hotel tax) Parking $10/day www.merritthouseinn.com Monterey Marriott Hotel 350 Calle Principal Monterey, CA 93940 (831) 649-4234 $166.00 single/double (plus 10.00% hotel tax) Valet parking 315/day, nearby self -parking $5/day www.maniott.com 2 16 Wednesday luCy 28, 2004 Please note: Session times, titles, and topics are subject to change. Registration Open 11: 00 a.m. - S: 00 p.m. Opening General Session Twelve Keys To Public Leadership 2: 00 - 3: 30 p.m. Learn to lead without regrets and how to leave a legacy. The Twelve Keys show how to grow, not swell, with power by implementing the three purposes of leadership: helping people deal with change, how to resolve conflicts and reach their full potential. General Session Policy First, Politics Last — Reclaiming The Future Policies over politics should be the theme to reconcile some differences and move forward. Listen to some perspectives on how this may be accomplished. Welcome To Monterey Reception Enjoy this unique event featuring the foods and history of Monterey. Gather for food and drink in the Memory Garden located behind the Pacific House in Custom House Plaza between the DoubleTree Hotel and the ocean. A limited number of tickets will be available on a first come, fast serve basis to the nearby Maritime Museum, which celebrates Monterey's rich seafaring heritage. League staff will distribute museum tickets at the garden entry to those interested. Meet back at the Memory Garden at 7:30 — 8:30 p.m. for a delicious dessert buffet. Thursday July 29, 2004 Breakfast Briefings and Discussion Briefing: Hillside Development Cities in foothills have unique issues regarding development. Explore specific ideas to address hillside development in your city. Learn how others have dealt with this issue and what policies need to be reviewed prior to approval of such a development. Discussion Forum: Hot Topics What are the current topics of interest? Come to discuss the major issues in your city and share potential solutions to problems. Briefing: Smart Traffic Synchronized traffic lights for buses and/or light rail and other technology used in transportation can help ease traffic congestion. Discover how some cities use technology to keep transit schedules on time and traffic running more smoothly.. Discussion Forum: Small Cities What do small cities have in common besides low population? Join in a discussion of small cities issues that should heighten awareness of policies and other issues to help you make better decisions for your small community. Livable Communities: Making The Interdisciplinary Connections This session will examine livable communities/smart growth strategies from a number of different perspectives including, transportation, public health, crime prevention and economic development. Learn they mmunity design elements that serve the overlapping needs of each of these disciplines. Come away with some 14as and see the big picture of creating livable communities. Thursday JuCy 29, 2004, continue Concurrent Sessions California Environmental Quality Act Task Force Accomplishments An update of the major issues such as zoning, greenfields, density, design of neighborhoods, etc. From members of the League's CEQA Task Force. On -Line Communication And The Brown Act You receive an email with all council members on the distribution list. You `reply all' and send a response. You could be in violation of the Brown Act and may not know it. Discover how email and other electronic communications have provided new interpretations of the Brown Act and what you can and cannot legally do. Building Neighborhoods Not Houses Neighborhoods are what people want, not urban sprawl. This session will cover the elements that make a neighborhood great. We will then learn some strategies for getting from here to there from local officials who are making it happen. Transportation Budgeting And Financial Overview What is the status of the Transportation Equality Act for the 21 s` Century (TEA 21)? Get up to date information on the future funding of transportation from the Local, State, and Federal level, and learn what it means to your city. Water Supply And Quality — What's In Common? Water quality is always a major issue in California. What does water quality and supply have in common? Identify resources and options to provide water for your cities that you may want to consider. General Session Challenges Staff And Elected Officials Face - Good Decision Making City elected officials and city staff are sometimes faced with issues and situations at work that challenge their principles and standards of behavior. For example, with contracts and procurement, what if a major contractor has a development proposal up for vote at a council meeting and the contractor is also a major campaign contributor to one of the council members or has contributed moneys to other community developments such as a park? How do you deal with the situation? Find out that knowledge as well as strong character are necessary to make the right decisions. General Luncheon The League And Key City Issues What do you need to know regarding current legislation and other city issues? How will the November election results potentially affect city revenues? What can you do to embrace the priorities of the League Board and take action plans back to your city. Afternoon Concurrent Sessions — Round One Energize Your Downtown! Co -Sponsored By The League's Latino Caucus Many cities face the challenge of transforming their neglected downtown into a vibrant city center that generates bustling commercial and retail business AND exudes energy to attract evening dining, entertainment and an exciting residential lifestyle. The focus of this participatory work session is to highlight required major steps, including: 1) creating a vision and "buy -in"; 2) addressing planning development zoning issues; and 3) attracting qualified developers. NOTE. This is continuous workshop from 2: 00 — S: 00 p.m. with unscheduled break.=; You are encouraged to participate in the full workshop. Thursday July 29, 2004, continued Local Control vs. Federal Communications Act Authority Over Public Right Of Way Who has authority over regulating the public right of way in city neighborhoods — communications companies or the city? Large green communication boxes could be planned for your city neighborhoods and what can you do about it? Listen to city officials who are dealing with this and discover action that can be taken for preserving neighborhood atheistic. Traffic Calming Cities use many traffic calming methods such as speed bumps, traffic calming circles, stop signs, etc. in neighborhoods when necessary. What happens if any emergency vehicle needs to travel down a road with several speed bumps when time is critical, even life threatening? Join in a discussion of these consequences and other considerations before making decisions regarding traffic calming issues in your city. PERS Issues - What Policy Leaders Need To Know If you vote to approve a 3% at 50 for public safety employees, what will it really cost and how will you fund it? The decisions you make today regarding all CalPERS benefits will affect your city's finances for years to come. Evaluate your city's contracts, policies, and budget implications as it relates to one of the most expensive benefit programs your city offers. What you don't know can hurt you! Creating Great Neighborhoods: Density in Your Community Increased traffic congestion, loss of open space, and high infrastructure costs are pointing to a need to increase densities in our communities. However, citizen opposition to the "D" word can be paralyzing. At this session you will be provided design guidelines for compact housing that will make neighborhoods even better and tools for working with citizens to alleviate their concerns. Concurrent -Sessions — Round Two Energize Your Downtown! Co -Sponsored By The League's Latino Caucus Many cities face the challenge of transforming their neglected downtown into a vibrant city center that generates bustling commercial and retail business AND exudes energy to attract evening dining, entertainment and an exciting residential lifestyle. This is the continuation of the 2:00 p.m. session. The Future Of Your Fire Service And Why You Should Care Look into the future of the fire service, and specifically the policy implications of it, so you can prepare to deal with what's ahead This challenging session will offer views from diverse perspectives, and explore how and why new roles and relationships need to be created. Refinancing With City/Municipal Bonds - Untapped Revenue For Cities Municipal bonds are one alternative to help a city provide increased revenue. Listen to city representatives discuss the purpose of issuing mum -bonds and the distribution of funds among city expenditures. Maximizing Transportation Choices: Alternatives To The Auto What are some policy considerations when evaluating projects to support alternate forms of transportation such as the installation of bike lanes, high occupancy vehicle lanes, etc.? Explore reasons why commute alternatives are not just good for decreasing traffic but also makes good health sense. Quality Driven Performance Reviews What criteria do you use in your city for evaluating your city manager and staff? Defining performance standards, goal setting, and accountability are necessary but not sufficient measurements. Compare and contrast evaluation methods in producing fair and equitable measurement criteria. General Reception The League's Caucuses will provide an evening of good food, good company, and an opportunity to meet and greet new friends as well as familiar faces. Each has a story to tell that may help you do your job better. 219 7 Friday July 30, 2004 Breakfast Issue Briefings and Discussion Forums Character Building And Capturing The Publics Trust - Co -Sponsored By The League's African - American Caucus What does the public think of you? City officials are in a unique position to gain public confidence or create turmoil. Building public trust can be destroyed even if your behavior has the best of intentions. This session will heighten your awareness of character traits that help prevent ethical dilemmas. The result is more respect in your community and thus greater public confidence. Discussion Forum: City -School Cooperation - Maximizing The Tax Dollar Cities and schools have many common interests and goals. In this open forum, learn what your city can do to maximize. use of public resources and also help prepare our next generation of citizens. Discussion Forum: Cities And Technology - What Works And At What Cost What technology is available to make your life. easier and how can you use it? This interactive session will explore real problems and how technology can help solve them. Learn what works and the costs involved. Briefing: New Strategy For Hiring A City Manager Learn how two representatives of the Beverly Hills Council spearheaded a unique and very rapid process for hiring a new City Manager. Hear side issues from a business perspective. The three-month process was executed on time, with room for unexpected and last minute changes. The panel will discuss the ingredients for a successful recruitment and orientation. Briefing: Lesson From Disasters: What Policy Leaders Need To Know Is your city prepared to handle a major disaster such as a massive fire or earthquake? How would you, as a policy leader, plan a strategy for your city to handle a major emergency in the best way? Learn from the experiences of others so your city will be well prepared. and you can be a hero. Closing General Session Stuff Happens (And Then You Fix It!) How do you deal with the chaos that we encounter in our daily lives? This keynote address will inspire and instruct with humor and style. John Alston motivates, while infusing a spirit that encourages people to apply character, decency and common sense when "Stuff Happens." He stresses accountability, personal performance, and a no -more -excuses approach for dealing with changes, challenges, and contingencies. Mayors and Council Members Academy Basic Leadership Graduation Ceremony Adjourn - Noon 4, 2004 Mayors And Council Members Executive Forum Wednesday, July 28 - Friday, July 30, 2004 Monterey Conference Center, Monterey We invite you to register on-line by going to www.cacities.ore/events OR fill out this form completely and return it to the League of California Cities Please enter your name and title, as they. should appear on your name badge and registration. Please indicate guest/spouse's name if attending (if guest/spouse is not a public or city official). Please complete one form per registrant. Confirmations will be mailed to the address designated below. Name Title Address where confirmation is to be mailed City Zip Code Telephone Fax Your Email address will be used to confirm your registration. The League can also send you educational and conference material in the future. Email for registrant Spouse /Guest Name Payment Information: Please note, the League is unable to accept purchase orders, American Express or Discover cards _at this time. If paying by credit card please fax your registration form to (916) 658- 8220. If paying by check or money order, please mail to: League of California Cities 1400 K Street Sacramento, California 95814 Full Conference City Officials All Others @ $395.00 @ $495.00 Total $ One Day Only Please indicate which day you will be attending: ❑ Wednesday ❑ Thursday ❑ Friday City Officials @ $240.00 All Others @ $290.00 Total $ Credit Card Payment Only ❑ MasterCard ❑Personal Check ❑Visa ❑City Check Cardholder Name Credit Card Number Expiration Date Authorized Signature If you require special accommodations related to facility access, communication. and/or diet, please NOTE: All cancellations must be submitted in writing and contact our Conference Registrar at (916) 658-8291. are subject to a $50 processing fee. No refunds will be given for cancellation requests received after Friday, July 23, 2004. Substitutions can be made even on site. Registration Forms Must Be Postmarked or Faxed By Friday July 9, 2004 After this date, please register on site. Z004 Mayors And Council Members Executive Forum Wednesday, July 28 - Friday, July 30, 2004 Monterey Conference Center, Monterey Please DO NOT return this form to the League of California Cities We invite you to reserve your room by going to our website www.cacities.or0events OR fill out this form completely and mail or fax it to the Monterey Housing Bureau at (831) 648-5373. Please make copies of this form if additional rooms are to be reserved. If faxing this form, please do not mail a duplicate copy. Phone reservations will not be accepted. Name Title Mailing Address City Zip Code Telephone Fax Email Arrival Date and Time O AM ❑ PM Departure Date and Time ❑ AM 0 PM Note: If you plan to also register for the Advanced Leadership Academy Workshops, please submit only one hotel form. Room Preferences: ❑ I will share a room with: ❑ Non smoking room ❑ Handicapped access ❑ Single - King ❑ Double - 1 Bed ❑ Double - 2 Beds There are no guarantees on room type, although the hotel will do everything possible to accommodate your request. Room assignments are based on a first -come, first -served basis Deposit Information: The hotel requires a deposit in the amount of the first night room rate. Housing forms received without a valid credit card or check deposit will be returned and will, not be processed. (No cash deposits accepted.) Please make checks payable to: MCCV-Housing PO Box 1770 Monterey, California 93942 Deposits by credit card, require the following information: Cardholder Name Credit Card Number Expiration Date Authorized Signature Please check the hotel of your choice: Doubletree Hotel Monterey $169.00 single/double (plus 10.05% hotel tax) Monterey Marriott Hotel $166.00 single/double (plus 10.00% hotel tax) Merritt House $169 single/double (plus 10.00% hotel tax) Confirmation: If you do not receive a confirmation via e-mail, fax or mail within 14 days after any transaction, please contact the Monterey Housing Bureau at (831) 657-6419. Cancellation: If you cancel or don't keep your reservation after Tuesday, July 6, 2004, you will be charged for one night. FAX completed reservation form to MONTEREY HOUSING BUREAU at (831) 64, ;7 �73 Reservations Must Be Received no Later Than Friday, June 25, 2004 4.4 4P 1 0- COUNCIL/RDA MEETING DATE: May 18, 2004 ITEM TITLE: Adoption of a Resolution Directing the City Engineer to Prepare the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1 for Fiscal Year 2004/2005 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: l STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council directing the City Engineer to prepare the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1 for Fiscal Year 2004/2005. FISCAL IMPLICATIONS: Adoption of this Resolution is the first step in the process for establishing the 2004/2005 Landscape and Lighting Assessment. As a result of Proposition 218, property may only be assessed for exempt projects (i.e., public improvements within the right-of-way and stormwater retention areas), which include traffic signals, streetlights, and landscaping/drainage facilities within the public right-of-way. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Provisions of the Landscape and Lighting Act of 1972 require the preparation of an annual Engineer's Report. The Engineer's Report provides the City Council with an annual review of current and projected (Fiscal Year 2004/2005) costs for construction, operation, maintenance and servicing of facilities in the City's Landscape and Lighting Assessment District. Adoption of this Resolution only initiates the process of preparing the Engineer's Report for Fiscal Year 2004/2005. The final Engineer's Report will establish the assessment levels within the District for the upcoming year. S:\CityMgr\STAFF REPORTS ONLY\5-18-04\C 20.doc 4.4.3 Pursuant to this Resolution, the tentative schedule to complete these services is as follows: Action Date Adopt Initial Resolution May 18, 2004 Council Approval of Preliminary Engineer's Report June 1, 2004 Public Meeting/Hearing Notice June 2, 2004 Public Meeting/Hearing to Adopt Final Resolution June 15, 2004 Subsequent to Proposition 218, Landscape and Lighting costs in La Quinta have been partially funded by assessments, with the remaining costs funded by the City's General Fund. A decision not to initiate assessment proceedings would require the City to either reduce maintenance activities or identify alternative funding sources. The recommended actions are required to implement assessments for Landscape and Lighting Assessment District 89-1 for Fiscal Year 2004/2005. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council directing the City Engineer to prepare the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1 for Fiscal Year 2004/2005; or 2. Do not adopt a Resolution of the City Council directing the City Engineer to prepare the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1 for Fiscal Year 2004/2005; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy R. o ass P.E. ublic Work irector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager S:\CityMgr\STAFF REPORTS ONLY\5-18-04\C 20.doc 2 ` 0 4 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DIRECTING THE CITY ENGINEER TO PREPARE THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 FOR FISCAL YEAR 2004/2005 WHEREAS, in accordance with Article 4 of Chapter 1, Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22565, an annual report must be prepared for the fiscal year commencing July 1, 2004 and ending June 30, 2005 in connection with La Quinta Landscape and Lighting Assessment District No. 89-1. NOW, THEREFORE, BE IT RESOLVED by the .City Council of the City of La Quinta, California, as follows: Timothy R. Jonasson, P.E., City Engineer for Assessment District 89- 1, is hereby directed to prepare the Preliminary Engineer's Report in accordance with the provisions of the Landscape and Lighting Act of 1972. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 18" day of May 2004, by the following vote to wit: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California Resolution No. 2004- Landscape & Lighting District 89-1 Adopted: May 18, 2004 Page 2 ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 4 404 0111 Q� 1Y[(IP7fA71D� OF �9w COUNCIL/RDA MEETING DATE: May 18, 2004 ITEM TITLE: Consideration of an Agreement With the Bob Hope Chrysler Classic to Host the Hope Classic Tournament at SilverRock Resort RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute a Use Agreement ("Agreement") (Attachment 1), with Desert Classic Charities for use of the tournament course at SilverRock Resort. FISCAL IMPLICATIONS: Pursuant to the Agreement, City costs are estimated between $100,000 and $310,000 in fees, depending upon annual play at SilverRock Resort. Additional costs may include "opportunity costs" (i.e., lost public play on the golf course during the tournament), and enhanced maintenance for the golf course and parking. All inclusive, total costs are estimated between $250,000 and $464,000. These expenses are expected to be offset by revenue from enhanced rates and additional play generated as a result of the Agreement. CHARTER CITY IMPLICATIONS: City Charter Sections 203, Enterprises, and 204, Economic Development, anticipate ventures designed to encourage economic activity to enhance the City's general and other funds. BACKGROUND AND OVERVIEW: The City's Redevelopment Agency is in the process of designing and developing a tournament quality golf course as part of Phase I development of SilverRock Resort. The Agency contemplated tournament play on this course to the point of including provisions within the golf architect's contract for a "tournament consultant" to assist in project design. The only major PGA Tournament currently held in the Valley is the Bob Hope Chrysler Classic. The Classic is a well established PGA event and traditionally kicks off the new PGA season. Accordingly, the tournament gets considerable national exposure and will benefit SilverRock from a marketing perspective. This national marketing exposure is expected to translate into enhanced project revenue (see ERA analysis, Attachment 2). Additionally, it should be noted that the Classic is one of the Valley's premiere charitable organizations providing support to many local human services organizations. The business terms contained within the Agreement include: • Home Course Designation: City allowed to identify the course as "a home course" or "home course" for the Classic Tournament. Course will serve as home course for Classic Tournament in alternating years, and will be utilized for portions of the event in the off years. City and Agency permitted to use the logos for the Classic in promotional materials for the Course. Third parties must get permission to use logos. • Design Input: Classic to serve as "Tournament Consultant" pursuant to the design contract with Palmer Course Design Company. • Exclusive Period: Classic to have exclusive use of the tournament course for eight days. • Non -Exclusive Period: Classic to have non-exclusive use of the course for 45 days for setup and 7 days for takedown purposes, extended by 14 days for takedown on years when the course serves as the host. • Maintenance: City to maintain the course throughout the year in good condition. In addition, during the month prior to the Classic Tournament, the City will take such further steps necessary to prepare the course for the Tournament. • Site Fees: City to pay a base site fee of $100,000, plus $10 per round for each 18-hole round between 20,000 and 40,000 rounds, plus $1 per round for each 18-hole round beyond 40,000 rounds. • Parking: City to designate a 45-acre parking site on the SilverRock Resort Property. Classic to make a one-time contribution of $50,000 for turf and irrigation costs. Classic to take care of dust control during event. If parking area is moved during the term of the Agreement, Classic will not have to make capital contribution for improvement of new area. The year-round dust control 414 2 provisions within the golf architect's contract for a "tournament consultant" to assist in project design. The only major PGA Tournament currently held in the Valley is the Bob Hope Chrysler Classic. The Classic is a well established PGA event and traditionally kicks off the new PGA season. Accordingly, the tournament gets considerable national exposure and will benefit SilverRock from a marketing perspective. This national marketing exposure is expected to translate into enhanced project revenue (see ERA analysis, Attachment 2). Additionally, it should be noted that the Classic is one of the Valley's premiere charitable organizations providing support to many local human services organizations. The business terms contained within the Agreement include: • Home Course Designation: City allowed to identify the course as "a home course" or "home course" for the Classic Tournament. Course will serve as home course for Classic Tournament in alternating years, and will be utilized for portions of the event in the off years. City and Agency permitted to use the logos for the Classic in promotional materials for the Course. Third parties must get permission to use logos. • Design Input: Classic to serve as "Tournament Consultant" pursuant to the design contract with Palmer Course Design Company. • Exclusive Period: Classic to have exclusive use of the tournament course for eight days. • Non -Exclusive Period: Classic to have non-exclusive use of the course for 45 days for setup and 7 days for takedown purposes, extended by 14 days for takedown on years when the course serves as the host. • Maintenance: City to maintain the course throughout the year in good condition. In addition, during the month prior to the Classic Tournament, the City will take such further steps necessary to prepare the course for the Tournament. • Site Fees: City to pay a base site fee of $100,000, plus $10 per round for each 18-hole round between 20,000 and 40,000 rounds, plus $1 per round for each 18-hole round beyond 40,000 rounds. • Parking: City to designate a 45-acre parking site on the SilverRock Resort Property. Classic to make a one-time contribution of $50,000 for turf and irrigation costs. Classic to take care of dust control during event. If parking area is moved during the term of the Agreement, Classic will not have to make 0 1 3 capital contribution for improvement of new area. The year-round dust control measures would be City obligation (e.g., installation of soil cement after event is over) . • Term: 15 years. The term would begin with the first year that the course is deemed suitable and used for tournament play. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to execute a Use Agreement with Desert Classic Charities for use of the tournament course at SilverRock Resort; or 2. Do not authorize the City Manager to execute a Use Agreement; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Use Agreement 2. ERA analysis 4 ATTACHMENT 1 USE AGREEMENT BY AND BETWEEN DESERT CLASSIC CHARITIES AND THE CITY OF LA QUINTA This Use Agreement ("Agreement") is entered into this day of May, 2004 by and between the City of La Quinta, a municipal corporation ("City") and the Desert Classic Charities, dba Bob Hope Chrysler Classic, a California public benefit corporation ("Hope Classic"). The City and the Hope Classic are sometimes hereinafter individually referred to as "Party" and collectively as "Parties." In consideration of the mutual promises and covenants hereinafter set forth, the Parties agree as follows: SECTION 1. Recitals Section 1.1 The La Quinta Redevelopment Agency ("Agency") owns certain real property generally located on the western side of Jefferson Street between Avenue 52 and Avenue 54 in the City of La Quinta (the "Property"). Section 1.2 The Agency desires and intends to develop on the Property at least one, and perhaps two, golf courses. One golf course on the Property (the "SilverRock Tournament Course") is intended to be a championship golf course generally suitable for use by professional golfers who participate in golf tournaments conducted or sponsored by the PGA Tour, Inc. ("PGAT"). As used herein, the SilverRock Tournament Course shall only include the 18-hole golf course currently being constructed by the Agency. This Agreement shall not apply to any additional golf courses development on the Property. Once the Agency has completed the construction of the SilverRock Tournament Course, the Agency intends to transfer the SilverRock Tournament Course to the City, which will then assume the maintenance and operation functions the SilverRock Tournament Course. Section 1.3 The Agency has retained the services of the Arnold Palmer Golf Course Design Team (the "Palmer Team") to design the SilverRock Tournament Course. The Hope Classic has and will continue to provide ideas and suggestions to the Palmer Team and the Agency for purposes of the ultimate design and development of the SilverRock Tournament Course. Section 1.4 Once the SilverRock Tournament Course is constructed and transferred to the City, the City and the Hope Classic desire and intend that the Hope Classic have exclusive use of the SilverRock Tournament Course for one (1) consecutive eight -day period each year (the "Exclusive Period") occurring sometime between the first day of January and last day of February, or within a different time period designated by PGAT and agreed to by Hope Classic and the City. The purpose of the Exclusive Period is to allow the Hope Classic to conduct the Bob Hope Chrysler Classic. The City and the Hope Classic agree that the SilverRock Tournament Course shall be designated as "A Home Course of the Bob Hope Chrysler Classic" throughout the Term of this Agreement. The City and the Hope Classic further agree that during the Exclusive Period, the Saturday Celebrity Round and the Sunday Final Round of the Bob 119/015610-0065 c 449424.12 a05/10/04 42 31 :7 Hope Chrysler Classic event shall be held at the SilverRock Tournament Course in alternating years (e.g., 2006, 2008, 2010, etc., or 2007, 2009, 2011, etc.) during the Term of this Agreement. The Hope Classic shall be permitted to hold the Saturday Celebrity Round and the Sunday Final Round of the Bob Hope Chrysler Classic event at the SilverRock Tournament Course in the intervening "off' years, but is not required to do so. There will be Saturday rounds (other than the Saturday Celebrity Round) played at the SilverRock Tournament Course in the "off' years. SECTION 2. Conditions Precedent. The completion of the SilverRock Tournament Course and its transfer to the City by the Agency shall be conditions precedent to the parties' obligations under this Agreement. SECTION 3. Exclusive Use of SilverRock Tournament Course and Conduct of Tournament at SilverRock Tournament Course. In consideration of the payment by the Hope Classic to the City of One Dollar ($1.00) per year, as well as other good and valuable consideration including, without limitation, the good reputation and benefits accorded to the City associated with the Bob Hope Chrysler Classic being conducted in part at the SilverRock Tournament Course, the City and the Hope Classic agree that for the Term of this Agreement (as hereinafter defined), the Hope Classic shall have an exclusive license to use the SilverRock Tournament Course during the Exclusive Period solely for purposes of conducting the Bob Hope Desert Classic. In each year during the Term of this Agreement, portions of the Bob Hope Desert Classic shall be played at the SilverRock Tournament Course. In addition, in alternating years (e.g., 2006, 2008, 2010, etc., or 2007, 2009, 2011, etc.) during the Term of this Agreement, the Saturday Celebrity Round and the Sunday Final Round of the Bob Hope Chrysler Classic event shall be held at the SilverRock Tournament Course. The Hope Classic shall be permitted to hold the Saturday Celebrity Round and the Sunday Final Round of the Bob Hope Chrysler Classic event at the SilverRock Tournament Course in the intervening "off' years, but is not required to do so. Such exclusive use shall be deemed to include use by third parties with whom the Hope Classic enters into agreements for purposes of food and goods concessions, site preparation, and the delivery, set up, and pick up of equipment, provided that the third parties have agreed in writing to independently satisfy the insurance and indemnity provisions contained in this Agreement in favor of the City. The Parties understand and agree that the use of the SilverRock Tournament Course during the Exclusive Period shall include the use of the Parking Facilities (as hereinafter defined). The Exclusive Period shall not extend to the clubhouse which serves the SilverRock Tournament Course, except that the City will use a good faith effort to provide within the permanent clubhouse a secure area for Tournament contestants who require security, which area shall not be accessible by the public. The Hope Classic recognizes that the clubhouse will remain open to the City, to the public, and to golfers on the second anticipated golf course during the Exclusive Period, and cannot be closed. Within seven days after the conclusion of the Exclusive Period, the Hope Classic shall be responsible for returning the condition of the SilverRock Tournament Course, and all other portions of the Property utilized in connection with the Tournament, to the same condition that the facilities where in prior to the Exclusive Period. The restoration of the SilverRock Tournament Course shall be subject to the review and approval of the City Manager or his or her designee. The obligation to restore the SilverRock Tournament Course 'to its prior condition shall be the obligation of the Hope Classic even if the condition to be repaired or restored was caused by one or more of the subcontractors, agents, or sublicensees of the Hope Classic. 119/015610-0065 _ 039 c 449424.12 a05/10/04 -2 6 SECTION 4. Replacement Tournament/Sponsor. If the Hope Classic ceases to conduct the Bob Hope Chrysler Classic during the Term of this Agreement, or if the named sponsor of the tournament changes, this Agreement will extend to a successor or replacement golf tournament only if all of the following conditions are met: (1) the tournament is conducted and sponsored by the PGAT; (2) the tournament provides equal or greater media exposure and goodwill for the City and the SilverRock Tournament Course; (3) the tournament and/or new sponsor is approved by the Hope Classic; (4) the tournament is approved by the City Council; and (5) the new sponsor is approved in writing by both the PGAT and Hope Enterprises, Inc. With regard to condition (4) stated in the prior sentence, the City Council hereby agrees that a tournament will automatically satisfy that condition and is considered "pre -approved" by the City Council if it meets all of the following three criteria: (i) the Bob Hope name is used in the title of the tournament; (ii) the tournament is at least four (4) days in length; and (iii) the tournament is conducted and sponsored by the PGAT. The Bob Hope Chrysler Classic and a replacement tournament meeting all of the five (5) requirements in the first sentence of this Section are collectively referred to hereinafter as the "Tournament"). If the Hope Classic ceases to conduct the Bob Hope Chrysler Classic as it currently is conducted, or if the named sponsor of the event changes, this Agreement shall terminate unless the replacement -tournament meeting these five requirements is to be conducted without missing a year. SECTION 5. Grant of Non -Exclusive Use of the Property. The Parties further agree that the Hope Classic shall have a non-exclusive license for access to and use of the SilverRock Tournament Course, and all facilities and amenities related thereto on the SilverRock Tournament Course, for a period commencing forty-five (45) days prior to the Exclusive Period and extending to the Exclusive Period, and then again commencing at the conclusion of the Exclusive Period and extending seven (7) days following the Exclusive Period (the "Non - Exclusive Period"), solely for the purpose of installing temporary equipment and facilities, removing such equipment and facilities, restoring the SilverRock Tournament Course to its prior condition, and completing other activities necessary for the preparations for the Tournament or for carrying out the Post -Tournament requirements of this Agreement. During the alternating years when the SilverRock Tournament Course is serving as the Home Course for the Tournament, the Non -Exclusive Period shall be extended for seven (7) additional days for the final equipment removal. All other activities, however, including completing all restoration activities, however, must be completed in the first seven (7) days of the Non -Exclusive Period. Any and all activities conducted by the Hope Classic and its agents and concessionaires on the Property during the Non -Exclusive Period shall be conducted in such a manner so as to in no way interfere with the regular and ongoing use and enjoyment of the SilverRock Tournament Course by golfers, clubhouse users, and by the City. In addition, the activities by the Hope Classic or its agent and concessionaires on the Property during the Non -Exclusive Period shall be conducted in such a manner so as to in no way interfere with the use, enjoyment, or construction of any other part of the Property. Such non-exclusive use shall be deemed to include use by third parties with whom the Hope Classic enters into agreements for purposes of completing the required activities during that period, provided that the third parties have agreed in writing to independently satisfy the insurance and indemnity provisions contained in this Agreement in favor of the City. SECTION 6. Notice of Exclusive Period. The Hope Classic shall provide to the City written notice of the dates of the Exclusive Period at least ninety (90) calendar days prior to the 119/015610-0065 -3- � � � 7 449424.12 a05/10/04 L..� commencement of the Exclusive Period. If the PGAT announces its schedule for the coming year prior to the ninety (90) day period, the Hope Classic shall provide such written notice within five (5) business days of its receipt of such schedule information. SECTION 7. Parking Facilities. Prior to the commencement of the Term of this Agreement, the City shall designate approximately 45-acres of the Property ("the 45-Acre Site"), which will be able to accommodate parking during the Tournament Once the 45-Acre Site has been designated by the City, the Hope Classic will provide a one-time contribution of Fifty Thousand Dollars ($50,000.00) ("One -Time Contribution") to the City, or at the City's election, to the Agency, for the installation of turf, irrigation, and soil preparation and contouring on the 45-Acre Site. The One -Time Contribution will be made within thirty (30) days after the date that the City or Agency approve the award of a contract for the development of the 45-Acre Site. If, after the 45-Acre Site is initially developed in a manner that can accommodate Tournament parking, the City determines to change use of the 45-Acre Site in a manner that will no longer accommodate Tournament parking, the City will designate 45-acres in another location of the Property to be used for Tournament parking ("the Replacement 45-Acre Site"). The areas designated by the City for parking shall be referred to hereinafter as the "Parking Facilities". Hope Classic shall be responsible for all measures necessary to prevent dust generation from the Parking Facilities during the Exclusive Period. The Hope Classic shall have exclusive use of and shall'be responsible for operating the Parking Facilities during the Exclusive Period. Within seven days after the Exclusive Period, the Hope Classic shall return the Parking Facilities to the condition that the Parking Facilities were in prior to the Exclusive Period. However, as to the Replacement 45-Acre Site, if the surface is not turfed or paved, the City shall be responsible for the installation of soil stabilizer. In addition, the agreements that the Hope Classic enters with any operator or operators of the Parking Facilities must require that the operator(s) provide the same or greater levels of insurance and indemnity favor of the City as are set forth Section 15 and Section 16.2, below. The Hope Classic agrees that the City shall have no liability for any injuries or losses arising out of the use of the Parking Facilities. SECTION 8. Maintenance of Golf Course. Except for the Hope Classic's obligation to return the SilverRock Tournament Course to its prior existing condition as specified in Section 3, the City shall, at its cost and expense, maintain the SilverRock Tournament Course throughout the year in good condition. In addition, during the thirty (30) day period prior to the Exclusive Period, the City shall take such further necessary steps to prepare the SilverRock Tournament Course for the Tournament, except that the Hope Classic recognizes and agrees that the City will not close the SilverRock Tournament Course or limit the play thereon prior to the Exclusive Period under any circumstances. The City shall continue to be responsible, at its cost and expense, for the operation and maintenance of the SilverRock Tournament Course throughout the Exclusive Period. SECTION 9. Designation of SilverRock Tournament Course as "Home Course" for Bob Hope Classic. As partial consideration for the City granting use of the SilverRock Tournament Course and designated portions of the Property to the Hope Classic to conduct the Tournament, the Hope Classic shall designate the SilverRock Tournament Course as "the Home Course" for the Tournament during alternating years (e.g., 2006, 2008, 2010, etc., or 2007, 2009, 2011, etc.) during the Term of this Agreement. Such designation shall generally appear on many, but not necessarily all, brochures and other forms of advertising of the Tournament prepared by the 'r) ') 4 119/015610-0065 -4- :. v 8 449424.12 a05/10/04 Hope Classic annually. Following the execution of this Agreement, the City, the Agency, their agents, and their respective successors -in -interest on other portions of the Property, if any, may designate and refer to the SilverRock Tournament Course as "a home course of the Bob Hope Chrysler Classic [or Tournament Name]" or as "home course of the Bob Hope Chrysler Classic [or Tournament Name]." In addition, the City and the Agency, in the promotion of the SilverRock Tournament Course, may use the Hope Classic logos, without alteration except as to size, copies of which are attached hereto as Exhibit "A" ("Logos"). The authorized references may appear in brochures, in advertising, and on signage relating to the Property. The Hope Classic represents and warrants that it has the legal authority to grant these rights, and understands that these rights are a material inducement to the City to enter into this Agreement, and further agrees to hold harmless, indemnify and defend the City and Agency for any claims asserted against it for the use of the above -referenced language. Use of the Logos by persons other than the City or Agency is subject to the prior written approval of the Hope Classic. The Parties understand and agree that the Tournament shall, in part, be conducted at other regional golf courses each year in addition to the SilverRock Tournament Course, except that in the years specified in Section 3, the Saturday Celebrity Round and the Sunday Final Round of the Tournament shall be held exclusively at the SilverRock Tournament Course. The Hope Classic agrees to use its best efforts to cause the network televising the Tournament to televise certain spots depicting and promoting the SilverRock Tournament Course and the City of La Quinta, and to identify the location as being in the City of La Quinta. SECTION 10. Parking, Concession and Green Fee Receipts. The Hope Classic shall have exclusive authority and responsibility for the operation of the Parking Facilities and any and all concessions of food and/or goods on the SilverRock Tournament Course during the Exclusive Period, except with respect to facilities located within the clubhouse. The Parties agree that during the Exclusive Period, the Hope Classic solely shall be entitled to collect and retain any and all parking fees and payments with respect to use of the Parking Facilities, as well as fees and payments from food and other concessions on the SilverRock Tournament Course, except for the continuing operations of food and concession facilities located within the clubhouse. In addition, the Hope Classic shall be entitled to receive from the City the sum of One Hundred Thousand Dollars ($100,000.00) each year payable within thirty (30) days after the conclusion of the Tournament being held at the SilverRock Tournament Course, provided that the restoration requirements of Sections 3 and 7, and the equipment removal requirement of Section 5, have been timely satisfied and the condition of the SilverRock Tournament Course and Parking Facilities has been approved by the City Manager or his or her designee. In addition, the Hope Classic shall be entitled to additional compensation measured as Ten Dollars ($10.00) per green fee for the 18-hole rounds on the SilverRock Tournament Course in excess of 20,000 18- hole rounds annually, up to 40,000 18-hole rounds annually, calculated on a calendar year basis. At the point where the rounds at the SilverRock Tournament reach 40,000 18-hole rounds annually, the rate per 18-hole round paid to the Hope Classic shall be dropped to One Dollar ($1.00) per green fee for the 18-hole rounds in excess of the 40,000, calculated on a calendar year basis. By way of example, if 45,000 18-hole rounds are played on the SilverRock Tournament Course in a calendar year, the payment to Hope Classic would be the annual fee of $100,000, plus $200,000 for the 18-hole rounds between 20,000 to 40,000, and additional $5,000 for the rounds over 40,000, for a total payment of $305,000. Any and all payments to the Hope Classic pertaining to fees paid for 18-hole golf rounds shall be made by the City within forty-five (45) calendar days following the conclusion of each annual reported period. If for any reason the 119/015610-0065 i 9 449424.12 a05/10/04 -5- 4+ v 5 Tournament has not been played in part at the SilverRock Tournament Course in any calendar year during the Term of this Agreement, no payments will be made by the City to the Hope Classic for that calendar year. SECTION 11. Audit of City Regarding Green Fees. Upon 10-days written notice by the Hope Classic, the City shall permit the Hope Classic and its officers, employees and agents to review during normal business hours all records of the City pertaining to the imposition and/or collection of green fees. In furtherance hereof, the officers, employees and agents of the Hope Classic shall be given the authority by the City to review, inspect and audit the records of the City pertaining to green fees in order to enable the Hope Classic to verify that it has received from the City the payments due the Hope Classic pursuant to Section 10 of this Agreement. The Hope Classic shall pay for any and all costs pertaining to its own audit of the City with respect to green fees; provided, however, that if any such audit results in the determination that the Hope Classic is entitled to receive any funds in addition to those previously paid by the City to the Hope Classic with respect to green fees, then the City shall upon written demand by the Hope Classic promptly reimburse the Hope Classic for all costs incurred by the Hope Classic in conducting such audit. SECTION 12. Hope Classic Participation in Design of Golf Course; Berms and Lakes. Section 12.1 Designput. The Hope Classic shall continue to submit suggestions and comments to the Agency and Palmer Team throughout the period during which the SilverRock Tournament Course is designed. For this purpose, the City shall regularly apprise, and shall request the Agency to cause the Palmer Team to regularly apprise, the Hope Classic of all plans and revised plans for the SilverRock Tournament Course so that the Hope Classic will have reasonable and sufficient time to prepare and submit to the Agency, the City, and the Palmer Team, comments and suggestions concerning the design of the SilverRock Tournament Course. The Hope Classic recognizes that while its comments will be considered, the comments may or may not be incorporated into the final design, and further acknowledges that the approval of the final design for the SilverRock Tournament Course rest solely with the Agency and its staff. SECTION 13. Effective Date of Agreement. The effective date of this Agreement shall be the date of execution of this Agreement by the last party to execute the Agreement (the "Effective Date"). SECTION 14. Term of Agreement. The term of this Agreement shall commence on the January 1 St following the satisfaction of both (1) the conditions precedent set forth in Section 2; and (2) a determination has been made by the City and the Hope Classic that the turf, greens, and landscaping on the SilverRock Tournament Course are sufficiently established for tournament play. However, if these two conditions are not are satisfied prior to October 1 St , rather than commencing on January 1st of the following year, the term would commence on January 1 St one year later. By way of example, if the conditions are satisfied on September 15, 2005, the Term would commence on January 1, 2006, and the Tournament would be played at the SilverRock Tournament Course in the January -February 2006 time period. If the conditions are satisfied on November 1, 2005, the Term would commence on January 1, 2007. This Agreement shall remain in effect for a period of fifteen (15) years after commencement as provided in this Section (the "Term"). The Parties acknowledge that as to the first year of the Term, a portion of the first 119/015610-0065 -6- v 10 449424.12 a05/10/04 Non -Exclusive Period may pre -date the Term. The Hope Classic shall comply with all of its obligations under this Agreement for any such portion of the first Non -Exclusive Period which predates the Term. However, the City shall have no obligation to make any payments to the Hope Classic for such time period. If for any reason the Term has not commenced on or before January 1, 2008, this Agreement shall automatically terminate without notice. The Term may be extended beyond the original 15-year Term with the written mutual consent of both Parties for an additional fifteen (15) years. Notwithstanding any provision herein or in this Agreement to the contrary, the Parties agree that if and when, if at all, the PGAT terminates its affiliation with or sponsorship of the Tournament, then either Party may, but is not obligated to, terminate this Agreement upon submission of written notice to the other Party, without further right or obligation of either Party to the other Party, except for any unfulfilled obligations otherwise existing at the time of termination of this Agreement. In addition, as specified in Section 4, if the Hope Classic ceases to conduct the Bob Hope Chrysler Classic and no replacement tournament meeting the five requirements of Section 4 is to be conducted, this Agreement shall terminate. The Hope Classic agrees to provide written notice to the City within 10 business days of (1) any action by the PGAT indicating is has or may terminate its affiliation with or sponsorship of the Tournament; and (2) any action or decision that may cause the Hope Classic to not conduct the Bob Hope Chrysler Classic. SECTION 15. Insurance. Section 15.1 Minimum Scope of Insurance. The Hope Classic and the City shall each procure and maintain throughout the term of this Agreement, at their respective cost and expense, the following types of insurance to govern their use of the Property: (1) a comprehensive general liability and property damage insurance and (2) worker's compensation insurance (as required by law) and employers' liability insurance ("Insurance Policies"). Such Insurance Policies shall insure against all claims for death and injuries to persons and damages to property which may arise from or in connection with the use of the Property. Section 15.2 Minimum Limits of Insurance. Coverage shall provide limits no less than: (1) General Liability: $10,000,000.00 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Agreement or the general aggregate limit shall be twice the required occurrence limit; and (2) Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employers' liability limits of $1,000,000.00 per accident for bodily injury or disease. Section 15.3 Insurance Endorsements. The Insurance Policies shall contain the following provisions, or the Hope Classic and the City, respectively, shall provide endorsements or additional party certificates to add the following provisions to the Insurance Policies: Section 15.4 General Liability. The general liability policy shall be endorsed to state that: (A) the other Party, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the performance of the Agreement by the insuring Party and its officials, officers, directors, administrators, agents, representatives, employees or volunteers, including materials, parts or equipment furnished in connection with such services; 119/015610-0065 r) : 449424.12 a05/10/04 -7- it 0 11 and (B) the insurance coverage shall be primary insurance with respect to the other Party and its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the insuring Party's scheduled underlying coverage. Any insurance or self-insurance maintained by the other Party or its directors, officials, officers, employees and agents shall be excess of the insuring Party's insurance and shall not be called upon to contribute with it in any way. The Hope Classic shall also list the City's golf course operator as an additional insured. Section 15.5 Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the other Party and its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the insuring Party. Section 15.6 All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, reduced or canceled except after ten (10) days prior written notice by first class mail has been given to the other Party. Section 15.7 Separation of Insureds; No Special Limitations. The Insurance Policies required by this Section shall contain standard separation of insureds provisions. In addition, such Insurance Policies shall not contain any special limitations on the scope of protection afforded to the other Party or its directors, officials, officers, employees and agents. Section 15.8 Acceptability of Insurers. Insurance is to be placed with: (1) insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the non -insuring Party; (2) with a joint powers agency acceptable to the non - insuring Party; or (3) under a self insurance program acceptable to the other Party. Any deductible under the Insurance Policies issued shall be the responsibility of, and paid by, the insuring Party. Section 15.9 Verification of Coveraize. Each Party shall have the right of reasonable approval over any Insurance Policy obtained by the Other Party. Each Party shall furnish original certificates of insurance and endorsements effecting coverage required by this Agreement with the other Party. The certificates and endorsements for each policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Each Party reserves the right to require complete, certified copies of the required Insurance Policies at any time. Each Party may at any time review the insurance coverage obtained by the other Party, the coverage limits, the provider, or the form of the policy and may require that alternate or modified coverage be obtained if, in any Party's prudent business judgment, the policy is insufficient to provide adequate protection against the kind and extent of risk that is foreseeable for the use of the Property under this Agreement. SECTION 16. Indemnity. Section 16.1 City to Indemnify. The City hereby agrees to indemnify, defend, and hold the Hope Classic and its officials, officers, employees, volunteers, and agents ("Hope Classic Indemnified Parties") harmless against and from any liability for any claim, action or proceeding against the Hope Classic Indemnified Parties that arises solely out of any negligent acts, 119/015610-0065 449424.12 a05/10/04 -8- v omissions, or willful misconduct by the City and its officials, officers, employees, volunteers and agents in the performance of any act related to the subject matter of this Agreement. In their sole discretion and at their own cost and expense, the Hope Classic Indemnified Parties may participate in the defense of any such claim, action or proceeding, utilizing legal counsel of their choice; however, such participation shall not relieve the City of any obligation imposed pursuant to this Agreement. The Hope Classic shall promptly notify the City of any such claim, action or proceeding and shall cooperate fully in the defense of the same. Section 16.2 Hope Classic to Indemnify. The Hope Classic hereby agrees to indemnify, defend, and hold the City, its golf course operator, the Agency, and their respective officials, officers, employees, volunteers, and agents ("City Indemnified Parties") harmless against and from any liability for any claim, action or proceeding against the City Indemnified Parties that arises solely out of any negligent acts, omissions, or willful misconduct by the Hope Classic and its officials, officers, employees, volunteers, and agents in the performance of any act related to the subject matter of this Agreement. The Hope Classic further agrees to indemnify, defend, and hold the City Indemnified Parties harmless against and from any liability for any claim, action or proceeding against the City Indemnified Parties that (1) relates to the Tournament; (2) relates in any way to the use of Property (including, but not limited to, the SilverRock Tournament Course, the Parking Facilities, or the portions of the Property leading thereto) in connection with the Tournament; or (3) arises or accrues during the Non -Exclusive Period as a result of the activities of the Hope Classic or its officials, officers, employees, volunteers, agents, or contractors. In their sole discretion and at their own cost and expense, the City Indemnified Parties may participate in the defense of any such claim, action or proceeding, utilizing legal counsel of its choice; however, such participation shall not relieve the Hope Classic of any obligation imposed pursuant to this Agreement. The City shall promptly notify the Hope Classic of any such claim, action or proceeding and shall cooperate fully in the defense of the same. Section 16.3 Claims Arising from Joint Acts or Omissions. The City and the Hope Classic, respectively, shall provide their own defense with respect to any claim, action or proceeding that arises out of the joint acts or omissions of the Parties arising from this Agreement. In such situation, both the City and the Hope Classic shall retain their own legal counsel and shall bear their own defense costs. Each Party shall waive any right to reimbursement of defense costs from the other. Section 16.4 Joint Defense. Notwithstanding the provisions of Section 16.3 above, the City and the Hope Classic may agree in writing to a joint defense of any claim, action or proceeding that arises out of the joint acts or omissions of the Parties. Any such agreement may provide that the Parties appoint mutually acceptable legal counsel to defend such claim, action or proceedings. In such a case, the Parties shall bear equally the cost of any joint defense and any amount paid by the Parties in settlement of, or as a result of a court judgment, arbitration or mediation award related to the claim, action or proceeding, if any. The Parties shall also share equally in any amount awarded to or received by both Parties in settlement of, or as a result of, a court judgment, arbitration or mediation award of such a claim, action or proceeding. Neither Party may bind the other Party to any settlement of such a claim, action or proceeding, without the express written consent of the other Party. 119/015610-0065 449424.12 a05/10/04 (] 13 40 %J Section 16.5 Comparative Fault. Notwithstanding any provision contained herein to the contrary, in the event of any settlement, court judgment, or arbitration or mediation award that allocates or determines the comparative fault of the Parties, either Party may seek the reimbursement from the other Party, of defense costs, settlement payments, judgments or awards, that are consistent with such comparative fault to the extent that such settlement, judgment, ward, payment or cost are not covered by insurance the Parties are required to maintain under this Agreement. SECTION 17. No Unstated Requirements. The Parties agree that in carrying out this Agreement, the City shall not be responsible to take any actions, or refrain from taking any action, beyond those expressly set forth in this Agreement in order to comply with any PGAT rules, regulations or requirements. The Hope Classic shall be solely responsible, at its expense for both of the following: (1) obtaining any necessary approvals from the PGAT in order to conduct the Tournament at the SilverRock Tournament Course; and (2) meeting all of the rules, regulations or requirements of the PGAT to conduct the Tournament at the SilverRock Tournament Course. This Section shall not supersede the obligations imposed upon the City in Section 8 of this Agreement. SECTION 18. Entire Agreement; Amendment. This Agreement and the terms herein stated shall constitute the entire Agreement between the Hope Classic and the City and supersedes all prior written and verbal agreements, representatives, promises or understandings between the Parties. However, this Agreement shall not supercede the license agreement entered into between the Agency and the Hope Classic, for the 2004 Bob Hope Chrysler Classic. Any amendment to this Agreement, or its terms, must be made in writing and be executed by both Parties. SECTION 19. Assignment and Sublease. This Agreement or any interest of either Party herein shall not at any time after the date hereof, without the prior written consent of the other Party, be assigned or transferred. SECTION 20. Operational Contacts. The Hope Classic and the City shall provide each other with the names and telephone numbers of personnel that are responsible for the day to day operations of programs and facilities including after-hours contacts in the event of emergency situations. Said list shall be updated as needed based on personnel changes. SECTION 21. Additional City Benefits. The Hope Classic shall provide to the City the following additional benefits. Section 21.1 Membership on Committee. The City, at its option, may have a representative on the Fund Distribution Committee ("Committee") during the Term of this Agreement. If the Committee is dissolved, the City will hold a seat on the replacement committee that determines the distribution of the charitable funds generated by the Hope Classic. The representative shall have the same voting rights and other privileges as all other members of the Committee. Section 21.2 Event Related Items. The City annually shall be provided, free of charge, with all of the following: (1) ten (10) seats (a table) at the Bob Hope Classic Ball; (2) ten (10) passes to the Bob Hope Club; (3) one thousand (1000) passes to the Tournament play at 44 9ro1s6a 44, 9424.12a05/15/10/04 -10- 14 SilverRock Tournament Course; and (4) the City will be recognized as an official sponsor of the Tournament. SECTION 22. Notices. All notices, statements, demands, requests, consents, approvals, authorizations, appointments or designations hereunder by either Party to the other shall be in writing and shall be sufficiently given and served upon the other Party, if sent by United States registered mail, return receipt requested, postage prepaid and addressed as follows: City: City Manager City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Hope Classic: Bob Hope Chrysler Classic P.O. Box 865 Rancho Mirage, CA 92270 Attn: President Either Party may change its address by giving notice to the other Party in the manner provided for in this Section. SECTION 23. Non -Discrimination. Each of the Parties hereto covenants by and for itself, its administrators and assigns, and all persons claiming under or through it, that this Agreement is made subject to the condition that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the use, occupancy or enjoyment of the Property subject to this Agreement. SECTION 24. Waiver. The failure of either Party to insist upon strict performance of any of the terms, conditions or covenants in this Agreement shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions or covenants herein contained. SECTION 25. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same Agreement. SECTION 26. Attorneys Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney's fees and all other costs of such action. SECTION 27. Applicable Law and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. Any legal action or proceeding brought to enforce the terms and provisions of this Agreement shall be brought in the Superior Court of the State of California, Riverside County or in the United States District Court, Central District of California. 119/015610-0065 -1 1- 15 449424.12 a05/10/04 tow 4 1 SECTION 28. Agency as Third Party Beneficiary. With regard to the provisions in this Agreement which reference the Agency, the Agency shall be deemed to be a third party beneficiary of this Agreement. [Signature page follows] 119/015610-0065 40 4 2 449424.12 a05/10/04 -12- 16 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in duplicate originals as of the dates set forth below. DATED: ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM City Attorney, City of La Quinta APPROVED AS TO FORM Dave Erwin, Best, Best & Krieger, Counsel for Desert Classic Charities CITY OF LA QUINTA 0 City Manger, City of La Quinta DESERT CLASSIC CHARITIES WE 119/015610-0065 -13 - 41043 17 449424.12 a05/10/04 08/28/03.''16:16: '01310 478 1950 ECON RES LA ATTACHMENT 2 Economics Research Associates Memorandum Date: August 28, 20Q3 To: Mr. Mark Weiss From: G. Krekorian Re: Hope Toumament — ERA No. 15172 The following presents a preliminary estimate of the potential impact of designating the proposed La Quinta City course the "Home Course" for the annual Hope PGA Tournament. As we understand, the Hope would continue to be played at several Coachella Valley venues, although the City's La Quinta course would serve as the home course, hosting the final round. In addition to the direct financial benefits related to site fees and revenue sharing agreements, the City course would indirectly benefit from its association with the tournament and attendant prestige of hosting the event. This benefit would be captured primarily through higher greens fees and/or play levels than would be achieved if the tournament was not hosted, and with higher "soft goods" retail sales, in many instances, most of the value attributed to hosting a tournament is captured through associated real estate sales which benefit from an improved project image and related prestige of the event. In this case, there likely would be some benefit accruing to the onsite hotels, which the City would capture through higher site sales and/or transient occupancy receipts. Over the years, we have attempted to compute the impact on greens fee revenues (greens fees and play levels) attributable to - hosting a PGA event by comparing a tournament course's performance with that of similar courses not hosting a tournament. First, a distinction is required between the most 10990 Wilshire Boulevard. Suite 1SD0. Los Angeles. [A 90024 310.477.958E FAX 310.479.1950 www.econres.com ERA Is afiiiiatod with Drivers Jonas 18 Los Angeles San Francisco San Diego Chieago Washington DC London !� 4 08/28/03 0 16 '01310 478 1950 ECON RES LA 0 003/003 Economics Research Associates Hope Tournament ERA No. 15172 August 28, 2003 Page 2 prestigious events (Majors, Ryder Cup) and regular PGA Tour or World Golf events. The benefits related to the most prestigious events are many times greater than standard events. With regard to standard events, our experience suggests that high -end resort/daily fee courses in strong golf markets are :capable of generating an additional $250,000 to $500,000 in annual greens fees revenue (an increase in the range of 10 percent), most of which drops directly to the bottom line, than would be expected without the tournament. Capitalizing this annual net gain yields a one-time value of $2.5 to $5.0 million. In addition, merchandise sales might increase S2 to $3 per round due to the prestige of hosting such a tournament. At a cost of sales equal 50 percent related to soft "logo" goods, another $50,000 per year in net income would be expected. The impact of the Tournament on hotel/residential site sales and/or transient occupancy tax has not been considered, and would be much more difficult to quantify. 19 2 415 t� I]KC-WMA 9w5 OF T COUNCIL/RDA MEETING DATE: May 18, 2004 ITEM TITLE: Consideration of an Amendment to the Golf Course Management Agreement By and Between the City of La Quinta and Landmark Golf Management, LLC, Related to Golf Course Superintendent Qualifications RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 2 It is anticipated that there may be a savings to the City in personnel costs if a Golf Course Superintendent is selected that, while not yet certified, is working toward that certification. CHARTER CITY IMPLICATIONS: None for this action. BACKGROUND AND OVERVIEW: Section 3.4.4 of the Golf Course Management Agreement with Landmark Golf Management, LLC requires that Landmark receive City approval for the hiring of certain personnel (Attachment 1). One such position is Golf Course Superintendent. The Section also requires that the Superintendent "...shall be certified by the Golf Course Superintendents Association." Landmark Golf Management has indicated that this stipulation restricts the pool of available candidates, costs more, and provides marginal return in exchange for the added expense. Many qualified superintendents are successful in the industry, with membership in the Golf Course Superintendents Association but without full certification. Accordingly, Landmark has requested that the City approve the hiring of a golf course superintendent without the stipulation that the candidate be a certified golf course superintendent. Staff has been advised that certification requires seven years experience as a superintendent; certain educational requirements; passing a proficiency test; and periodic re -certification. Staff has checked with other publicly -owned Valley courses and has been advised that Palm Springs, Indian Wells and Palm Desert course superintendents are certified. Staff has, however, discussed the merits of certification with a limited number of industry professionals and has been advised that there are many quality superintendents in the field that have, for one reason or another, not yet attained certification. Furthermore, it should be noted that a large majority of the courses in the Coachella Valley do not have certified golf course superintendents. Accordingly, if the City Council concurs, the agreement should be modified to authorize the City Manager to waive the certification requirements on a case -by -case basis and allow the selection of a qualified superintendent that may not yet be certified, provided that the superintendent be actively working toward that certification. Pending City Council approval, legal counsel will draft appropriate language for execution by the respective parties. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an amendment to the Golf Course Management Agreement by and between the City of La Quinta and Landmark Golf Management, LLC to authorize the City Manager to waive, on a case -by -case basis, the requirement that the Golf Course Superintendent be certified by the Golf Course Superintendents Association, provided that the superintendent is actively working toward that certification, and authorize City staff to work with Landmark to prepare such an amendment; or 2. Do not approve an amendment to the Golf Course Management Agreement by and between the City of La Quinta and Landmark Golf Management, LLC authorizing the City Manager to waive the requirement that the Golf Course Superintendent be certified by the Golf Course Superintendents Association; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Section 3.4.4, Golf Course Management Agreement) 2 ATTACHMENT 1 regular Employee Compensation, and the pro -rats share of such Employees' Compensation equal to the actual time such employees worked at the Golf Course shall be a Golf Course Expense. 3.4.4 Management Staff. The general manager of the Golf Course shall be responsible for the day to day management and operation of the Golf Course. The name and telephone number (both home and business) of the general manager shall be provided, m writing, to the City Manager and shall be current at all times. The general manager shall be reasonably available during normal working hours to meet with the City Manager. After normal working hours, the general manager shall be reasonably available to appear at the Golf Course if deemed necessary by the City Manager. The course superintendent for the Golf Course shall be certified by the Golf Course Superintendents Association. The director of golf for the Golf Course shall be a current Class ."A" member in good standing of the Professional Golf Association America or the Ladies Professional Golf Association. The City Manager shall have the right to approve the individuals who Manager intends to hire to fill the positions of general manager, golf course superintendent, and director of golf (regardless of the titles given for such positions by Manager), which approval shall not be unreasonably withheld. 3.5 Specific Operating Procedures. In addition to the more general responsibilities of Manager as manager of the Golf Course as, provided in this Article 3.0, Manager shall operate and manage the Golf Course in accordance with the following. operating procedures consistent with the approved budget and Annual Plan. 3.5.1 Golf Course Hours of Operation. Except upon the occurrence of the events described in Article 10.0 of this Agreement, 'the Golf Course shall be operated on a daily basis all year and shall not be closed on holidays. The Golf Course shall be kept open during all hours necessary to adequately serve the public utilizing the Golf Course, except for instances in which normal maintenance requires temporary closure. The driving range may be open when the Golf Course is closed. The inside food and beverage services of the Golf Course clubhouse shall be open all year, except as otherwise approved by the City Manager. The permitted hours for food and beverage services in the clubhouse restaurant shall be consistent with similar facilities in the Coachella Valley and be as determined by the City Manager. 3.5.2 Fees and Charges. 3.5.2.1 Setting of Fees. City Council shall, from time to time, set the amount for fees and charges for greens fees (which shall include use of a golf cart) and the driving range. All other fees, charges, and prices at the Golf Course, including the Pro Shop and the Clubhouse, shall be set by Manager with the prior written approval of the City Manager, and shall be comparative and competitive with other first class public golf courses in Riverside County. City shall at all times consult with Manager in setting fees and charges. 119/015610.0074 3 487999.07 a04/07/04 N ��Y[l1YOU7H1 jQ�OF COUNCIL/RDA MEETING DATE: May 18 , 2004 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Consideration of Appointment of a CONSENT CALENDAR: Member to Serve on the Board of Directors of the Coachella Valley Mosquito and Vector Control District STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: P Appoint a member of the,City Council to serve as the City's Trustee on the Board of Directors of the Coachella_ Valley Mosquito and Vector Control District for a term to be specified by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Coachella Valley Mosquito and Vector Control District has notified the City Manager of the expiration of the appointment of Council Member Ron Perkins as of June 2004. The City Council has appointed Council Member Perkins to this position since 1994 with a first term of two -years and subsequent appointments of four years. Reappointment terms are at the appointing party's discretion. 4049 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint a member of the City Council to serve as the City's Trustee to the Board of Directors of the Coachella Valley Mosquito and Vector Control District for a term to be specified by the City Council; or 2. Do not appoint a member of the City Council to serve as the City's Trustee to the 'Board of Directors of the Coachella Valley Mosquito and Vector Control District for a term to be specified by the City Council; or 3. Provide staff with alternative direction. Respectfully submitted, WASK31-1- WMAJuke-434ekI City Clerk Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Letter from the Coachella Valley Mosquito and Vector Control District dated April 29, 2004 2 Board of Trustees President NICK NIGOSIAN, JR. County at Large Vice President RON PERKINS La Quints Secretary/Treasurer DENNIS GODECKE Indian Wells PAUL S. MARCHAND Cathedral City JUAN DE LARA Coachella GARY BOSWORTH Desert Hot springs GENE GILBERT Indio ART McKAY Palm Desert CHRISTINE HAMMOND Palm Springs JOHN FUSCHETTI Rancho Mirage BEN LAFLIN Riverside County DONALD E. GOMSI General Manager ATTACHMM 1 Coachella Valley Mosqi 43-420 Trader Place • Indio, CA 92201 • (760) 342-8287 • Fax (760) 342-8110 E-mail: CVmosquito@cvmvcd.org • Website: www.cvmved.org April 29, 2004 Thomas P. Genovese, City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92253-1504 Re: Appointment of Trustee Dear Mr. Genovese: This letter is to inform you that the term of Ron Perkins as Trustee for Coachella Valley Mosquito and Vector Control District representing the City of La Quinta will be up for reappointment in June. Mr. Perkins has been an active member of our Board of Trustees since 1994 and has expressed an interest in reappointment. The first term of appointment to a vector control district must be for a period of two years. Subsequent reappointments may be either two or four years, at the appointing party's discretion. Please contact Don Gomsi, General Manager, if you have any questions regarding the Trustee positions on our Board. We look forward to hearing from you regarding a reappointment or new appointment of your City's representative. Sincerely, Anita Jones Clerk of the Board /aj 4J1 Department Report: I-+ A co), .c ySol,wg 0 TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: May 18, 2004 SUBJECT: Department Report — Response to Public Comments The following public comments were made at the May 4, 2004, City Council meeting: 1. Ilene Schimmel and Cris Romero, representing the Retired Seniors Volunteer Program, presented a symbolic check for in -kind services in the amount of $145,720. • Council expressed their appreciation for the program. 2. Michelle Hill, 79-620 Tom Fazio Lane, spoke regarding insufficient parking in the Village near Old Town and construction trucks using the parking spaces on Avenida La Fonda. She commented on the need for interim crosswalks and larger signs for the Village parking lot, and indicated the Old Town businesses are willing to pay for larger signs. She asked that the parking lot sprinklers be adjusted to come on at night instead of during the day, and inquired about the status of the Desert Club parking. She further requested some consideration be given to using police bike patrol units in the area for security, and that these issues be resolved before next season. • Public Works staff has been in contact with Ms. Hill numerous times by telephone and has proposed the following in an attempt to address her concerns: Green parking signs with directional arrows will be added on Calle Tampico directing traffic to the parking lot on Avenida Bermudas; The sprinklers have been adjusted so they do not come on during business hours; Crosswalks are currently being addressed and considered by Council during discussions regarding rehabilitation of the parking lot on Avenida Bermudas; The vacant lot(s) on Desert Club Drive are not owned by the City; and Issues concerning the use of bike patrol police units should be directed to the Police Department. DEPARTMENT REPORT: MAY 17 MAY 18 JUNE 1 JUNE 15 CITY COUNCIL'S UPCOMING EVENTS SPECIAL RDA "BRANDING MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING JUNE 17 SENIOR CENTER SALAD DAYS LUNCHEON 11:30 A.M. -1:30 P.M. JULY 6 CITY COUNCIL MEETING JULY 20 CITY COUNCIL MEETING AUGUST 3 CITY COUNCIL MEETING AUGUST 17 CITY COUNCIL MEETING SEPTEMBER 7 CITY COUNCIL MEETING - CANCELLED SEPTEMBER 21 CITY COUNCIL MEETING 254 May 2004 La Quinta City Council Monthly Planner 3 4 5 2:00 PM City Council 10:00 AM ALRC Meeting 6 7 12:00 PM Mayors Lunch 1 9:00 AM - 4:00 PM SJSR Ntl. Mnmt-Henderson 6 Happy 22nd Birthday La Quinta 8 9:00 AM La Quinta Fire Station Dedication 9 10 11 12 13 14 15 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energy/Envi- 10:00 AM Pub. Sfty- Abate. -Perkins Henderson Sniff Mother's Day Perkins 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts 3:00 PM Mtns. Con -Sniff - Commission Advisory Board Commission 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. ILeague of California Cities Legislative Action Da s 16 17 18 19 20 21 22 9:00 AM Special RDA 9:00 AM CVA-Henderson 9:30 AM Animal Campus - "Branding" Meeting 2:00 PM City Council Henderson Meeting 3:00 PM Historic Preser- vation Commission 23 24 25 26 27 7:00 PM Planning 12:00 PM CVAG Human/ 9:00 AM LAFCO- Commission Comm -Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne 30 31 N A.I±.I� pr.�ii S M T W T F S 1 2 3 IL�lii�±�! lily'±± Iifli 4 5 6 7 8 9 10 ll��!=�1= =?.I j(±±± 11 12 13 14 15 16 17 Memorial Da CITY , � I ± � ±� �l. e y ( lljjli li ! E 18 19 20 21 22 23 24 HALL CLOSED) ;,I;II!±, �i_ .� Ili!!25 26 27 .28 29 30 a0e] June 29 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Printed by Calendar Creator Plus on 5/11/2004 0 p. 4JJ June 2004 La Quinta City Council M.............onthly Planner Sunday.... ....... ........... Friday Saturday 1 Monday I'•iljj# € . €E' €# L J 4 5 Ij3 I € • €�!€ ! i �•t # € i j•. �#, i # S• �. €� # , € I# {. € i'�, 4 € #€, £, f. {{ 3{# i€it#((:I#€,€I'.###:,# I j: i„ •t #� i i ! I I# €[i II� j =il i# t Ejt, !€E• . F,#. {i,�E Iif , !I`I €i� s :' #j �3 ,' ''•{:' i E fili' t f 1 !•£,:£ iii#i,ili•i: i j# .j ,ij.N ! • . l' i£'°i!i' i € i ' 3';3f`i j'iit f I!ji!j#,l#€li'i 2:00 PM CityCouncil 10:00 AM ALRC May €# , ii€SI.i.33 ili€i; • I' jni.!`�4 i i{li!' Meeting £ I: • �iil�•�;' S M T W T F S: I€€II'I"i { g #•�•�_ [ E i l�' € j I.II 1 T#€,r �i€I#I € • j i € £ 3 { •: 2 3 4 5 6 7 8 •fij{j3j€ i€€'€ I ! i'ili�'iili 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31i; !€€':j�€ E #�(II, €!! €li i Ij,I!llsllljl jl:sjjlli' I iIj!iiiEl,1,I:lf.#'!Il!z;s:l�,,{:,,�##li€,{{31iii•�iii�!i!i!I.: s='�€�:��I,:j�€�'i�s,ll #Ill#: 6 7 8 9 10 11 12 6:00 PM CVAG Exec. 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energy/Envi- Cmte-Adolph Abate. -Perkins Henderson Sniff 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts Commission Advisory Board Commission 13 14 15 16 17 18 19 7:30 AM CVEP-Adolph 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 10:00 AM Pub. Sfty- 2:00 PM City Council vation Commission Perkins Meeting 12:00 PM Transp-Perkins 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 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[:Eii}i!f: }• :. !i y! f I E j j I EI E 3 I ii E i I i ! ti s t� f !! s I I I I I E FFIIE;,I�, •.�,lll rll:l:::l I=t•: •l:llll } I }E'August;� IE a E•'t:Ellil i}? June l; � I li',' I�I,Ii;' ! l.,�l�l , ! 12:00 PM Mayors Lunch Y 9:00 AM • 4:00 PM SJ SR �!IaF:I':�l llf �liJsjljltlj3 [{:I.:`I•::: �; 3::ii•IE[}iiEl'ffI�•°=;}I} S M �jiijliil!€�}Is'i llli it i Il, 13I �•It T W T F S t �l i� l�l�i!I}� S M T I ill EI I i{ it 31' !! W T F S I�EI�I;i �I:SI=''II; Ill„ Ntl. Mnmt•Henderson islfF�?llj�Eil i �ll�l i(;li !I jjl'lE,' I ! I I fi' 1 2 3 4 5I(€[R}i[� t I it , l lll�, 1 2 3 I II !!f I I S �I}�t �t i : 4 5 6 7`jt lj' II;IFI i il•;I I;II:1 sEjl! EIl,ll [I31 '; IIIE?' 6 7 IS t, �ti I •'III'' s �Sti E'I i � 14 8 9 10 11 12 ;� (; 8 9 10 } � . i lE Iil;l 15 16 17 18 19 IEE Ili= If I EE 15 16 17 11 12 13 14 I�lll l{lsi 18 19 20 21 S;j �lltll' I I # � fl � sE� tqi=i`. 13 I I loll �l: 20 21 I�l�i��' l�l i I11ISI illiiil E Ifl� � s . IEf E I 22 23 24 25 26 I; I��i I lls 22 23 24 E ! i } i 29 30 31 E 'El !t4 I i it II �ij3=� 25 26 27 28 111 I Iliilll'I j ll j 27 28 29 30 }}E�Iif•I!`�j�i�' i �! l`fl�I�jji3 1 � l?f;lt lFlt : ! p�l I • i Is i.slis�I:FI s li • ! It�ji i :>' i • ; I�I�� !! Il!lI'�III`I I� I' 'y�l� '� } E�ill. F i �, i' � � F j1}j,It ! : �'iiiF ' "� '! iI,riiil�ji I�l� ��; �I I ��l1 1 �j�lIl; � i :!' � I I li��l • � 3 I I � I� I! tI�i�'�lI 9 10 4 5 6 7 8 (City Hall Closed for 2:00 PM City Council 10:00 AM ALRC 9:30 AM Animal Campus - Fourth of July Holiday) Meeting Henderson 12:00 PM Energy/Envi- Fourth of July Sniff 7:00 PM Cultural Arts Commission 11 12 13 14 15 16 17 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 3:00 PM Historic Preser- 10:00 AM Pub. Sfty- Abate. -Perkins Henderson vation Commission Perkins 7:00 PM Planning 5:30 PM Investment 12:00 PM Transp-Perkins Commission Advisory Board 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 18 19 20 21 22 23 24 9:00 AM CVA-Henderson 9:00 AM LAFCO- 2:00 PM City Council Henderson Meeting 25 26 27 28 29 30 31 6:00 PM CVAG•Exec 7:00 PM Planning 12:00 PM CVAG Human/ Com-Adolph Commission Conlin -Osborne 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- .�..� :.:a, ....t e...i:E•uSi::`:iiei?: 't.t:i.0•`.ii i:: }:..,: .3:• Osborne '•!`:' t.ta:i: a :•:n:t: ?• i E•? }:i:pi t.: it:.: .:...y;, • . • • ; : � ..: •ta.: M. MR! Printed by Calendar Creator Plus on 5/11/2004 � , — ��T DEPARTMENT REPORT: LOJI Q. ce4t!t 4 5 w5 CAM OF 'f'9 TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety ---r 4 DATE: May 18, 2004 RE: Monthly Department Report - April 2004 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of April. The reports depict the following highlights: • Year to date building permit valuation is $105,455,439 which represents an issuance of 1,563 building permits through April; • 644 animal control cases have been handled through April; • 779 code compliance cases have been initiated through April; • $2,020.00 - garage sale permit income in April 42%8 I I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O r! 1 1 I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O . 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U) H 1 g U) W H W Q N Q I I a w U] o w A Cl) a s o- 4-3 3 n• w I I $ I W a u a H U) E'a 4-3 \ z C,4 1 a 1 >4 1 I w aZw I t w I z u 4 0 4 > iI y- � ,I I H I zzZUZU I oO n4 U a N Z O \Na I owE EH uzaa wz ate _ a) N LnN I Z t "C40 1 oaw HW W 1 0H �a N C11 1 0 I E-\U UH00MAA 0.7 Z►-+O L• O- ppa I H Ha a u4"g ooaaaz4ua Q.7 O Q4wowat�4aWWOWMHoaw r 4-)W a440 1 M •• Q3zaz W c�aaxxaaAcncn�nE� r a 0 >4 1 .a � a4 C4 cn u cn c7 z z 0 O N woE-4 1 a Uz uWWF4M rxa Q 0 4 H aaH 1 a a40acn4a44UW049W"0IU4H aaU I 1 I�oouuuwc�aaxaaacncncncnEi a -k •�c 2 ANIMAL CONTROL REPORT FOR: April 2004 Jackie Misuraca , Moises Rodarte, Melissa Wise and (Steve Alexander on OJI) Animal Pickups YEAR TO YEAR TO INCIDENTS YEAR TO Apr 04 DATE 04 DATE 03 HANDLED DATE 04 YEAR TO DATE 03 Dogs Alive 21 109 125 Bite Reports 2 9 10 Dead 10 26 14 Animal Trap OTI 0 7 13 Set Ups .2 11 38 Cats Alive 12 64 79 Cruelty to Dead 11 31 35 Animals 0 0 0 OTI 0 2 0 Other Animals Alive 7 31 27 Vicious Animal Dead 4 16 31 Restraining 0 4 0 OTI 0 0 0 TOTAL ANIMALS Special Hour Patrols 0 0 8 Alive 40 204 231 Zoning 0 0 5 Dead 25 73 80 Lost/Found 51 164 152 OTI 0 9 13 Animal Rescue 0 0 10 Outside Agency 0 0 2 TOTAL ANIMALS REMOVED City Reclaims 12 42 57 Other 14 37 71 65 286 324 TOTALS 81 267 353 VIOLATIONS: NO OWNER WARNINGS CITATIONS Dogs at Large 19 0 0 Noise Disturbance 0 0 0 Defecation Removal 0 0 0 License Violation 0 0 0 Other 0 0 0 MONTHLY TOTAL 19 0 0 YEAR TO DATE 60 1 30 TOTAL MONTHLY INCIDENTS HANDLED: Apr 04: 165 Apr 03: 279 TOTAL YEARLY INCIDENTS HANDLED: Apr 04: 644 Apr 03: 954 3 4 )0 CODE COMPLIANCE STAT REPORT FOR APRIL 2004 Apr 04 YEAR TO DATE 04 YEAR TO DATE 03 ABATEMENTS: Nuisance Abatements Started 117 352 505 Weed Abatements Started 17 23 51 Vehicle Abatements Started 80 394 212 Dwellina Abatements Started 1 10 5 TOTAL STARTED 215 779 773 TOTAL COMPLETED 179 773 668 Case Followups 402 1313 1670 Home Occupation Inspections 11 48 62 Business License Inspections 0 1 1 Garage Sale Permits Issued 202 609 591 DEPARTMENT REPORT: 67 �a� 2•c� I « ^WD �4 OF TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERKY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 18, 2004 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF APRIL, 2004 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of April. PAMonthly Report Folder\APRIL 2004.doc 1 46�. COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT REPORT APRIL 2004 PROJECT DESCRIPTION CUP'S 0 submitted Cove Checks 14 Inspections completed Development Agreements 0 submitted Environmental Assessments 2 submitted General Plan Amendment 0 submitted Lot Line Adjustments 1 submitted Minor Adjustments 2 submitted MUP's 6 submitted Parcel Maps 2 submitted Parcel Mergers 21 submitted Sin Permits 7 submitted Site Development Permits 2 submitted Specific Plans 0 submitted Tentative Tract Maps 2 submitted TUP's 5 submitted Zone Change 0 submitted Zoning Code Amendments 0 submitted 2 P:\Monthly Report Folder\APRIL 2004.doc Z O Ucn Q C .y O o• a � C O- • '> a(Di .� 0.0 +, >- I c ° � y � �� NU ,. c c �I U CD C) 'Ch 0 a-0-D U N CL cn o c Cl)1� o c c cU co �'t NOO I[ I(Df\M �I UL) UU a.0 co •c cLv O a +� -C aD 0-I p c,3 � CY) Im NI v CLcca CL CLU cc a) o 'c -n .o c C a• O 0a co d'O� O� 000 N N O 04 UUUUU CL CL 0-0 > a� c o a o o a Q a as a CL aa O� ��t �O �� N (j I �U CL aa. 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M• N co O E C O F- :3 L F— 4. ; I— O W cc Cl) D a H V W O cc J a V W a O O M O *' G M_ CO .— CO LO � C O O * CV)c N as O O O 00 Cfl V a +� E o G C� ° c � c 0 � a)00 O E *' a + 0 0 to O N i ++ O 0 r- d' O N O C LO w 00 a U it cn +r w O u) ++ v "00 as •0 0 ca 0 0 cn c c >, cv U v 6 rn rnc c a �° =v IM aci Q 0 0 0 J J O N +r O H c M L 1 c o C) Y c .4-J ` U co - CD C J c O _ CL m DEPARTMENT REPORT: a,4 OF 'T9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY CO NCIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECT DATE: May 18, 2004 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF APRIL 2004. UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF JUNE 2004: June 2 *Internet Guided Tour Computer Class, "Business", Senior Center June 4 *Beginning Pilates Class, Senior Class June 7 *Free Putting Contest, Senior Center June 7 *Yoga Stress Reduction, Senior Center June 8 *Tap Dance, Senior Center June 8 *Watercolor Lessons, Senior Center June 8 *Arthritis Tai Chi Class, Senior Center June 8 *Adult CPR & First.Aid Class, Senior Center June 8 *Free HI -CAP Counseling, Senior Center June 8 Hatha Yoga, Senior Center June 9 *Sketching/ Drawing Class, Senior Center June10 *Complimentary Ballroom Dance Lessons, Senior Center June 9 Yoga Somatica, Senior Center June 12 Golf Tour, Indian Springs Country Club June 14 *Internet Guided Tour Computer Class, "Online Gaming", Senior Center June 14 Summer Camp starts, Recreational Trailer (2 week sessions) June 14 Hip Hop, Senior Center June 14 Tap & Jazz Combo, Senior Center June 14 Tap & Movement, La Quinta High School June 14 Classical & Latin Ballroom Dance, La Quinta High School June 14 Ballet Barre Workout, La Quinta.High School June 15 *Free Hearing Consultations, Senior Center June 15 *AARP Driver Safety Program, Senior Center June 15 Intermediate Belly Dance, La Quinta High School $ 4: Fk 1 June 15 All Aspect (Interior Design), Senior Center June 16 *Internet Guided Tour, "Genealogy", Senior Center June. 16 Gemology, Senior Center June 17 *Salad Days Luncheon & Dessert Competition, Senior Center June 17 In Sights- Creative Workshop, Senior Center June 17 Cartoon for Kids, Senior Center June 17 Beginning Ballet June 17 Dance, Play & Pretend June 17 Beginning Belly Dance June 18 Tiny Tot Luau, Senior Center June 19 Golf Tour, Trilogy Golf Course June 26 Golf Tour, Cimarron Golf Course *Daytime Senior Center class or activity Community Services Program Deport for April 2004 2004 2003 2004 2003 Participants Participants Variance Meetings Meetings Leisure Enrichment Yoga Flex 6 0 61 2 0 Hatha Yoga 6 12 -6 1 8 Yoga Somatica 6 0 6 2 0 Yoga Package 4 0 4 3 0 Yoga 100 Bonus 2 0 2 7 0 Pilates 6 0 6 8 0 Mindfull Stress Yoga 4 0 4 2 0 Tae Kwon Do 7 11 -4 8 9 Ballroom Dance 6 0 6 1 0 Beginning Computers 7 4 3 2 4 Microsoft Word 8 0 8 2 0 Italian for Travelers 13 0 13 2 0 Totals 751 27 48 401 21 2004 2003 2004 2003 Participants Participants Variance Meetings Meetings Special Events Spting Break, Movie Day 35 34 1 1 1 Spring Break, Game Day 35 33 2 1 1 Spring Break, Park Party 35 34 1 1 1 Spring Break, Science Day 35 34 1 1 1 Spring Break, Water Park 35 32 3 1 1 Annual Egg Hunt 350 300 50 1 1 Community Picnic 800 1200 -400 1 1 Concert Under the Stars 300 650 -350 1 1 Al odones, Me)aco Exucxsion 28 26 2 1 1 Totals 1 1,653 2,343 -6901 91 9 2004 2003 2004 2003 Participants Participants Variance meetings Meetings Adult Sports Open GyM Basketball 420 271 149 16 18 Adult Soccer League 170 160 10 1 4 Totals 590 431 159 17 22 Recreation Totals 23181 2801 -4831 66 52 0*3 Community Services Department Attendance Report for the Month of April 2004 Summary Sheet Program 2004 2003 Variance Sessions Per Month 2004 2003 Leisure Classes 75 86 -11 40 47 Special Events' 1653 2343 -690 9 9 Adult Sport -as 590 431 159 17 22 Senior Center 1487 1417 70 147 122 Total 3805 4277 -472 213 200 Senior Services Senior Center 598 495 103 27 22 Total 598 495 103 27 22 Sports Complex Use Desert Storm Baseball 28 0 28 14 0 La Quinta Sports & Youth 1,500 1600 -100 27 24 AYSO 320 1550 -1230 20 20 Total` 11848 3150 -1302 61 44 LQ Community Park Desert Storm Baseball 14 0 14 14 0 La Quinta Sports & Youth 400 0 400 23 0 AYSO 880 0 880 27 0 Total 1 294 0 1,294 64 0 Facill /Park Rentals Senior Center Private Pa 300 0 300 2 0 Churches 300 0 300 4 0 LQ Community Park Private Pa 390 0 390 7 0 Fritz Burns Park Private Party), 80 0 80 2 0 Total 1070 0 1070 15 0 Total Programs 81615 7,922 693 3801 266 Volunteer Hours Senior Center 126 497 -371 Total Volunteer Hours 126 497 -371 Senior Center Attendance participation Participation Variance , Meetintp Meetings Senior Activities ACBL Bride 202 247 -45 4 4 Bridge, Du licate/Social 544 472 72 18 16 Dog Training, Complimentary 5 4 1 1 1 Evening Dance 13 0 13 1 0 Monthly Birthday Party 30 33 -3 1 1 Monthly Luncheon 86 88 -2 1 1 Movie Time 59 46 13 5 6 Seminars 11 8 3 1 1 Senior Sports Day 39 66 -27 1 1 Senior Activity Total 960 898 52 32 30 Senior Leisure Classes Arts and Crafts 18 58 -40 4 4 Ballroom Dance 32 58 -26 8 7 Ballroom Workshop 8 0 8 1 0 Bridge Lessons 42 37 5 6 7 Ceramics 11 7 4 5 4 Computer 19 30 -11 4 14 CPR 9 0 9 1 0 Dog Training Class 13 13 0 12 8 Exercise 46 55 -9 13 13 Golden Tones 92 115 -23 4 5 Knitting 8 15 -7 2 1 Rates 10 0 10 4 0 Quilting 40 44 -4 5 4 Rug Hooking 8 6 2 4 4 Sketching/Drawing 5 10 -5 3 4 Spanish 31 10 21 2 1 Stained Glass 5 0 5 5 0 Tai Chi 50 8 42 8 3 Tap Dance 18 0 18 7 0 Watercolor 20 19 1 6 3 Woodcarving 31 26 5 5 4 Yoga 21 8 13 6 6 Senior Leisure Classes Total 537 519 18 115 92 TOTAL SENIOR PROGRAMS 1487 1417 70 147 122 Senior Services AARP "55" Course 40 26 14 2 2 AARP Tax Aide 29 37 -8 2 3 FIND Food Distribution 424 349 75 5 4 Hearing Consultation 2 2 0 1 1 I.I.D. Energy Assistance 34 26 8 9 8 I.I.D. Energy Assistance/No fee 16 1 15 5 1 Legal Consultation 9 11 -2 1 1 Medicare/Hi Cap Consultation 13 3 10 2 2 Volunteers 31 40 -9 n/a n/a TOTAL SENIOR SERVICES 598 495 103 27 22 SENIOR CENTER TOTAL 2085 1912 173 174 1" 0 ►- rr 4. J Mothly & Yearly Revenue for the Month of April 2004 2004 2003 Variance Monthly Revenue - Facility Rentals Senior Center $ 4,869.00 $ - $ 4,869.00 Parks $ 200.00 $ - $ 200.00 Monthly Facility Revenue $ 5,069.00 $ - $ 5,069.00 Year to Date Facility Revenue $ 68,262.00 $ - $ 68,262.00 Monthly Revenue Senior Center $ 7,702.00 $ 5,673.00 $ 2,029.00 Community Services $ 3,326.00 $ 5,477.00 $ (2,151.00) Total Revenue $ 11,028.00 $ 11,150.00 $ (122.00) Revenue Year to. Date Senior Center $ 106,628.50 $ 84,228.00 $ 22,400.50 Community Services $ 130,161.00 $ 66,875.00 $ 58,217.00 Total Revenue to Date $ 236,789.50 $ 151,103.00 $ 80,617.50 �,T DEPARTMENT REPORT: lam �� 4 Lvco � ntrn4'� OF TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer DATE: May 18, 2004 RE: Public Works/Engineering Department Report for April 2004 Attached please find the following: 1. Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks. imothy . ona s n Public Wor s Dire for/City Engineer z� O C1 G N N W J Y Op wa 00 w J a W U) Z W N H V �I�IN111111�� 1�111��1111�� 1�111��1111��I '1�111��I�11��1 1�111��1�11��1- �I�III��I�II��IW t 1�1�111��1111��1 a � a111�'�1111111. IIIII111111111 rZ Tr . 73 d' O O N J_ FE a Q CO H >- a �Z �W D� J Q Z O Z 2W O W o O 0 O 0 O 0 O 0 O 0 O 0 O �COO�00�! 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O M M co r- 00 Cr O N cn N cn cu co E cv 1N 'aN a X mO G JN oo cc v > nis � a� =w O 2 0�cc '0 E 0 O IL 0 z p E v) m c c U aai c p to c '�. N OC +j > > N> o a a 'o :,' o, a'°v c i cEa 1— > a-u. u- (n y E v) E (n — Q cv MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: April, 2004 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg Code Activity 3 Men 3 Men 3 Man 1 Man Total 1000 Policing/inspection 35 6 0 15 56 1001 Pot Hole -Repair/Patching 0 16 0 1 17 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 92 0 0 0 92 1004 Pavement Marking/Striping 0 0 14 2 16 1005 Curb Painting 0 0 0 0 0 1006 Other Traffic Controls 68 0 0 0 68 1007 Curb & Gutter Repair/Const. 0 0 0 0 0 1008 10ther Concrete Repairs/Const. 10 0 0 0 10 1009 Street Sign Install (New) 20 17 0 0 37 1010 Street Sign Repair/Maint 31 10 11 0 52 1011 Debris Removal 0 2 0 5 7 1012 Right of Way Maint. 6 86 0 0 92 1021 CLEAN Catch Basin Inlet/Outlet 1 98 4 0 103 1022 Rondo Channel Outlet/Vault 0 0 0 0 0 1022A Desert Club Outlet/Vault 3 0 0 0 3 1023 lRetention Basins Repair/Maint. 8 2 0 0 10 1024 Gutter/Median Sand Removal 0 0 0 0 0 1025 Street Sweeping (Machine) 4 0 125 0 129 1026 Street Sweeping (Hand) '0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 13 0 0 0 13 1028 Dust Control 0 4 0 4 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean- 6 8 104 3 121 1041 Mowing/ Weeding, Shrubs & Tree Trimmi 7 2 20 0 29 1051 Landscape/Irrigation Contract Mana eme 0 0 82 17 99 1052 Lighting/ Electrical Contract Management 0 0 0 17 17 1061 Small Tools Repair/Maint. 3 1 0 0 4 1062 Equipment Repair/Maint. 5 12.5 0 0 17.5 1063 Vehicle Repair Maint. 2 2 2 0 6 1081 Trash/Litter/Recycable Removal 0 0 14 0 14 1082 Vandalism Repairs 0 0 0 0 0 1083 Graffiti Removal 34 56 26 1 117 1084 Maint. Yard Building Maint. 16 0 0 0 16 1085 Seminars/Training 0 10 16 10 36 1086 Special Events 0 0 9 0 9 1087 Citizen Complaints/Requests 55 3 18 0 76 1088 IMeeting 2 1 2 30 35 1089 Office (Phone, paperwork, reports, Misc.) 19 23.5 1 57 100.5 SUBTOTAL 440 3fi0 448 158 1406 1091 Over Time 38 32 20 0 90 1094 Jury Duty( 0 0 0 0 0 1095 Sick Leave 32 24 16 0 72 1096 Vacation 8 45 16 2 71 1097 Holiday 0 0 0 0 0 1098 AWOP 0, 51 0 0 51 1099 Bereavement 0 0 0 0 0 SUBTOTAL 78 152 52 2 284 TOTAL HOURS 518 512 500 160 1690 TOTAL MILES I 575 1257 1726 465 4023 483 DEPARTMENT REPORT: / CITY OF LA Q UINTA POLICE DEPAR TMENT MONTHL Y REPOR T April 2004 City of La Quinta La Quinta Police Department Captain John Horton, Commanding April 2004 Highlights (Numbers in parenthesis denotes number of calls for service that day) Thursdav, 04-01-04 (g2): No significant activity to report. Friday. 04-02-04 (74) 1840 hours - Deputy Burns responded to the 52000 block of Eisenhower in reference to a suicide call. Upon his arrival, Deputy Burns spoke with Sandra Erickson who stated that when she returned home from work, she found her husband David Erickson on the bed with a gunshot would to the head. AMR also responded and pronounced Mr. Erickson dead at 1856 hours. TIP was called out for Mrs. Erickson. Sgt. Shields responded to assist, and Deputy Coroner Werk responded. No signs of foul play were found, and Mr. Erickson was suffering from degenerative bone disease. 1400 hours - Deputy Adams arrested Richard Sanchez for driving under the influence of alcohol during a vehicle stop at Ave. 50 and Jefferson. Saturdav, 04-03-04 (61): No significant activity to report. Sunday. 04-04-04 (56): 1306 hours, La Quinta Deputies responded to a roll over collision at Miles and Adams. The driver of a white Ford Ranger, Patrick Pinedo, was east bound on Miles and ran the red light at Adams. The driver's side of the Ranger hit the front end of a white Ford F-150, and continued east on miles about a hundred yards before it rolled over. A.M.R. transported Pinedo to Desert Hospital for numerous cuts to his hands and arms. He was taken into custody for driving under the influence of drugs or alcohol causing injury, and released because of his injuries. The filing will be out of custody. The passenger of the F-150, Donald Briscoe, was transported to Desert Hospital for complaint of pain to his neck. Deputy Lewis handled the initial investigation with supplemental reports by Deputies Zamora and Reynolds. Monday, 04-05-04 (51): 1345 hours, Dep. Brause responded to Wal-Mart in reference to a shoplifter in custody. Frank Santiago, of La Quinta stole $26.28 in merchandise. Because he had priors for theft he was arrested for petty theft with a prior and transported to Indio Jail. Tuesday. 04-06-04_f 2340 hours - Deputy Dusek arrested Robert Dombrski for prowling at the 54000 block of Avenida . Ramirez, in La Quinta. Dombrski was prowling behind the above listed residence. 1730 hours - Deputy Alfaro handled an unattended death at the 78000 block of Hacienda Lane, in La Quinta. An elderly male, Woodrow Earl Hoch was found deceased floating in his Jacuzzi. The person who found him was the realtor. He immediately dialed 911 after he failed to detect a pulse. Once Deputy Alfaro arrived, the deceased had been pronounced dead by A.M.R and C.D.F. The victim had an abrasion to his right temple area that was bleeding. The Coroners office was notified and they responded to the scene. Once the body was examined no other signs of trauma were located on the body. There is a possibility that 40 the victim slipped and fell inside the Jacuzzi, or he had a stroke. An autopsy was scheduled. A courtesy call was made to C.H.U, and Lt. Walker was called and briefed. I.D. unit was also called to the scene. Wednesday, 04-07-04 (77): No significant activity to report. Thursday, 04-08-04 (86): 1600 hours - Sgt. Pinon was traveling eastbound on Hwy. I I I when he observed two Hispanic males and one Hispanic female in a vehicle ahead of him throw trash from the vehicle. Sgt. Pinon attempted a vehicle stop and the suspects drove across the traffic median into the Home Depot parking lot. The vehicle ran over several concrete parking curbs in an attempt to evade. As Sgt. Pinon called out the vehicle stop, two male occupants jumped from the vehicle and fled on foot traveling eastbound. The vehicle, which was still in motion, ran into a parked car on the east side of the Home Depot parking lot. Sgt. Pinon detained the female passenger and advised over the radio that the other two suspects had fled into the apartment complex on the east side of Jefferson. Dispatch ran the plate and advised that the vehicle had been reported stolen out of San Bernardino. Deputy Alvarado responded to Sgt. Pinon's location to assist with his collision and Deputies Celaya, Hendry, Diaz and Krachman responded to the apartment complex to search for the suspects. Witnesses advised that the two Hispanic males had run into an apartment. A consent search of the apartment lead to the arrest of Alberto Magdelano Alcantar, and a 17-year-old juvenile. Both subjects had changed clothes and were hiding in beds. Alcantar was later booked into Indio Jail for vehicle theft and receiving stolen property, The juvenile was booked into Juvenile hall for a no bail juvenile warrant out of San Bernardino. 2014 hours - Deputy Pierce arrested Donnell Nathaniel, of Indio, for possession of a controlled substance during a vehicle stop at La Quinta Center Dr. and Hwy. 111. Nathaniel was in possession of .25 grams of methamphetamine. Fridav, 04-09-04 88 : 0500 hours - Deputy Moore arrested James Oliver of 29 Palms, for D.U.I. after a vehicle stop at Washington and Calle Tampico. He was booked into the Indio Jail. At approx. 0800 hours, Cathedral City PD contacted dispatch regarding a vehicle theft that they were taking a report on. Kari Wilkinson stated that her car had been taken from her driveway. The car was the one driven by James Oliver, who was arrested by Moore the night before for DUI.Oliver had said that a friend, "Chris" lent him the car and that it was a rental and that he was supposed to meet "Chris" in Phoenix. He said he got lost and was in La Quinta when he was arrested for the DUI.Oliver is in the US Marines. It is unknown if the vehicle theft is legit or if Wilkinson had allowed her friend to take the car. An additional charge of vehicle theft was put on Oliver. Saturdav, 04-10-04 (70): 0030 hours - Deputy Moore responded to the 52000 block of Avenida Herrera regarding a domestic dispute. Upon arrival, Deputy Moore contacted Kayla LeGrand, who stated her boyfriend, Brett Docken, had assaulted her. Kayla said the fight started after Brett returned home drunk. Brett struck Kayla on the face with a closed fist. Kayla complained of pain to her head and had a difficult time opening her mouth. Brett fled the location on foot prior to Deputy Moore's arrival. An E.P.O was obtained. Deputy Reynolds arrested Hector Tony Santiago, of Indio, for DUI after a citizen reported a reckless driver on Jefferson. He was spotted at Jefferson and Westward Ho. He was uncooperative, had no ID and refused tests. Unknown if name is correct at this time. r)'3 6 Sunday, 04-11-04 (54): 0010 hrs-Deputy Donivan stopped a silver S-10 pick-up, that was seen driving reckless in the area. He stopped the pick-up in the area of Washington St. and Channel Dr. He then met with the driver, John Timar of La Quinta and noticed he had some of the signs of being under the influence of alcohol. After FSTs, Timar was found under the influence of alcohol and arrested for driving under the influence of alcohol and booked into the Indio Jail. At 2130 hours, Deputy Dusek arrested Caesar Velez, of Indio, for driving under the influence of alcohol at Hwy. I I I and Washington. Monday, 04-12-04 (59): 1314 hours, Dep. Alexander responded to a fight in progress on the 58000 block of Monroe (Jack Duke Bail Bond's residence) between Jack's son Ben (GOA) and Jose Pinela. At one point during the fight, Pinela threw a hatchet at Elidia, Jack's wife. He was taken into custody for assault with a deadly weapon. Tuesday. 04-13-04 (591: 2100 hours - Deputy Dusek responded to a traffic collision at Calle Tampico and Washington. Deputy Dusek's investigation revealed that (D-1) Emily Gonzales of La Quinta was traveling EB on Tampico and ran the red light at Washington St. Gonzales collided into (D-2) Delena Lopez of La Quinta. Further investigation revealed that Gonzales was under the influence of alcohol. Gonzales was transported to JFK for medical clearance, prior to being booked for driving under the influence of alcohol. Wednesday, 04-14-04 (87): 2000 hours - Cpl. Black conducted a follow up investigation of embezzlement at the Jack in the Box in La Quinta. The investigation revealed that Hilda Hernandez an employee at the location, stole $574 in cash. The initial investigation conducted by Deputy Burns revealed videotape of Hernandez taking a cash envelope from the business office. Cpl. Black returned to the location when she arrived to work and conducted an interview. Hernandez denied any knowledge or participation in the theft. She was arrested and transported to the Indio Jail. 1815 hours - Cpl. Black responded to the Home Depot in reference to a shoplifter in custody. Cpl. Black conducted an investigation and subsequently arrested Timothy Romero. Romero stole a single AAA battery and was detained by loss prevention. Romero was also in possession of a glass smoking pipe and an empty syringe. Romero was cite released for petty theft and possession of paraphernalia. Thursday, 04-15-04 (62): 0014 hours - Deputies responded to the 78000 block of Bayberry Ln., La Quinta in reference to a suspicious vehicle. The reporting party, Steve Manger, phoned dispatch after seeing several Hispanic males sitting inside a red sedan. Deputy Orr arrived on scene and noticed a red vehicle leaving the area. Deputy Orr conducted an investigative stop on the vehicle and contacted four Hispanic males. They were identified as Jose Rodriguez of Coachella, Juan Torres, Matthew Morin and Jacob Jimenez. Deputy conducted a consensual search of the vehicle but found nothing unusual. A check of area the subjects were seen in was neg. for any burglaries. All subjects were photographed, fingerprinted and blocked out. It appears that the subjects were scared off prior to committing any crimes. Information passed on to Crime Analyst and 909 SET. Friday. 04-16-04 (64): No significant activity to report. r)87 Saturday, 04-17-04 (54): No significant activity to report. Sundav, 04-18-04 (4 We got a call from JFK in reference to a rape victim seeking treatment. A female adult (name withheld due to victim of sexual assault), had been visiting her girlfriend in Lake Elsinore. She her friend and her friend's fiancd, Cesar Garcia, got very intoxicated. She woke up partially dressed in bed with him and the sheets were damp. Her girlfriend was nowhere around. She drove home and decided she had been raped although she can not remember a thing about the sexual act. Exam done at JFK, Rape Crisis called, Lake Elsinore to follow up, suspect was arrested by them today, he admitted to consensual sex, denies any force. Handled by Corporal Perez. 2320 hours, Deputy Dusek arrested Kara Rogers for an outstanding felony warrant for vehicle theft at Calle Sonora and Avenida Carranza, in La Quinta. Monday, 04-19-04 (62): No significant activity to report. Tuesday. 04-20-04 (73): 0006 hours - Deputy Donivan arrested Javier Daniel Cardenas of La Quinta for possession of a controlled substance and for possession of paraphernalia, during a vehicle check at Calle Chillon and Avenida Montezuma. Cardenas was contacted after Deputy Donivan noticed him sitting in a blacked out vehicle. Upon contact, Deputy Donivan noticed a glass pipe and pornographic magazines in the vehicle. Cardenas was arrested for possession of paraphernalia and a search incident to his arrested resulted in the seizure of .02 gram of methamphetamine. Cardenas later stated his intentions were to smoke the methamphetamine and masturbate. Cardenas is a self admitted VNE 13 gang member from East L.A: Cardenas currently resides on the 52000 block of Avenida Vallejo. Gang card filled out. Wednesdav, 04-21-04 2233 hours - Deputies Donivan and Drafton responded to the 79000 block of Fiesta Dr. to investigate a suspicious vehicle. Upon arrival, Deputy Drafton saw three males running from the area. Deputies searched the area but were unable to locate the subjects. Deputies monitored the suspicious vehicle for approx. 10 minutes before one of the subjects returned. Deputies stopped the vehicle and contacted Andrew Bustos of La Quinta. During questioning, Bustos admitted to being in the area to burglarize houses. Deputies checked the houses and found several areas with shoe impressions matching those belonging to Bustos. Bustos was arrested for disorderly conduct; who loiters, prowls or wanders on private property, punishment for unsuccessful attempt to commit a crime and burglary. Later in the afternoon, the owner of the vehicle came into the station and provided a confession of his involvement. He was identified as Kris Gayler of La Quinta. Gayler also provided the name of the third suspect, John Money of La Quinta. Gayler stated they were going to target the houses that the city had purchased on Jefferson. They intended to steal pool motors to resell. Deputy Olsen is handling the follow-up investigation and will file conspiracy as well as attempted theft. 1100 hours - Deputy Alfaro arrested Brian Alderete of Palm Desert, for DUI after a traffic stop at Calle Arroba and Avenida Obregon. Alderete was determined to be under influence of marijuana and was transporting two other teenagers at the time of the stop. The two juveniles were later released to their parents. 283 2228 hours - Deputy Krachman responded to the Super Walmart in La Quinta in reference to a customer seeing a small pool of blood in the parking lot. A cashier also observed the substance at approx. 2200 hours. The cashier said the substance was still trickling downhill when she saw it. Deputy Krachman arrived and found the substance next to a parked van. The van belonged to an employee who arrived at work at 1600 hours. The employee stated the substance was not there when he arrived for work. The employee provided consent to search his vehicle but nothing suspicious was found. Sgt. Jimenez and Deputy Krachman viewed the video surveillance tape starting at 2100 hours. Numerous vehicles and pedestrians were seen near the van, however, nothing unusual was seen. Forensic Tech. Elmore responded to determine what the substance was. Test results revealed it was in fact blood, however, its origin is still unknown. Samples were taken for further testing. The video tape was taken as well. A check with area hospitals was also negative. Thursday, 04-22-04 (66): No significant activity to report. Friday. 04-23-04 (641 1719 hours - Deputies responded to the 78000 block of Sagebrush Lane in the Rancho La Quinta Country Club in reference to a burglary in progress. The reporting party Ed Lotstein of La Quinta witnessed two suspects coming out of his neighbors' residence. Lotstein loaded his handgun and approached the suspects to detain them for police. Both suspects refused to listen to Lotstein and fled on foot. Lotstein gave chase and later assisted Deputy Wedertz in detaining a 16-year-old male for possible burglary. The second suspect, a 15 year old female, was found hiding in some bushes by Deputy Pierce and Sgt. Pina, when Deputy Pierce and Sgt. Pina tried to remove the juvenile from her hiding place, She became combative and kicked Deputy Pierce on the left side of her head. Deputy Pierce was not injured. The juvenile was transported to JFK for an OK to book. Both juveniles refused to talk and according to the victim William Chapman, nothing was missing from his residence. The male suspect was booked into Juvenile Hall for unlawful entry, resisting arrest and unfastening the holster of an officer. The female suspect was booked into Juvenile Hall for unlawful entry, resisting arrest and unfastening the holster of an officer and for battery against a peace officer. Saturday. (6ft Deputy Hendry responded to a found explosive device on Highland Palms. A homemade device about three inches by one inch with a fuse was found in the street. HDT notified to respond. Anderson advised the device may have been some kind of electrical component but they took it and blasted it anyway in desert area of 52 and Jefferson. At 1736 hours, Deputy Pierce responded to the 52000 block of Ave. Obregon in reference to a disturbance. Upon her arrival, Deputy Pierce spoke with Linda Rodriguez, who stated that her husband Edward Rodriguez, had injected Heroin and was out of control. Deputy Pierce evaluated Edward Rodriguez and determined he was under the influence. Edward Rodriguez was transported to Indio Jail and booked for being under the influence of a controlled substance and for possession of a syringe. At 2149 hours, Deputy Ortega responded to an assault with a deadly weapon call at the 78000 block of Miles Ave. Upon his arrival, Deputy Ortega learned that Jose Cruz Gallegos and Miguel Toscano, had been fighting for unknown reasons. Toscano was highly intoxicated, and uncooperative. Neither party desired prosecution. Due to Toscano's level of intoxication, he was arrested and booked for public intoxication. • e, Sunday. 04-25-04 _(4 Deputy Donivan responded to Adams St. north of Hwy 111 to investigate a vehicle accident. Upon arrival, Deputy Donivan found a blue 2001 GMC 1500 pick-up flipped upside down on Adams St. After talking with the driver, Nathan VanMalsen of Palm Desert, he learned the pick-up was traveling eastbound on Channel Dr. at a high rate of speed. The driver failed to negotiate a turn, drove off the brick wall and flipped the pick-up onto Adams St. The driver and the four passengers sustained only minor cuts and scrapes. During the course of the investigation, VanMalsen was found under the influence of alcohol and arrested for driving under the influence. He was booked into Indio Jail after receiving an okay to book from JFK Hospital. The vehicle was totaled and towed away. 0255 hrs-Deputy Harter responded to Ave. 50 and Jefferson St. in reference to a vehicle accident. Upon arrival, he saw a gold 1987 Chev. Nova with front-end damage from colliding into a cement water bleeder valve. The valve is located on the shoulder of the roadway. The valve was the property of the Coachella Valley Water District. The driver, Ezequiel Galaraza of Coachalla, stated he was traveling westbound on Ave. 50 about'/2 west of Jefferson St. when he lost control of his vehicle and struck bleeder valve. Galaraza sustained a deep cut under his chin however he refused medical attention. A water district employee inspected the valve and found no damage. 1502 hours, we responded to a report of a subject in the J.F.K. Hospital Emergency room with a gunshot wound to his head. Antonio Rivera (who stated he is a "former" Penn -West gang member) said he was driving south bound on Washington and stopped at the light at Calle Tampico and Desert Club when a vehicle pulled up next to him and shot once. He was hit behind the left ear. His passenger, Marcos Mora, then took the wheel and drove to the hospital. Rivera said the suspect vehicle was a silver or burgundy Toyota pickup and Mora said the vehicle was an older red SUV. Both agreed that the shooter was a Hispanic male in his twenties with short brown hair (NFI). Dep. Alexander took the initial report, Forensics responded, and Gang Task Force also responded. Lt. Walker was notified. Monday. 04-26-04 (77): No significant activity to report. Tuesday. 04-27-04 (47) No Significant activity to report. Wednesday.04-28-04 73 0930 hours - Dep. Gaunt contacted Dwayne Kennelly in the Del Taco parking lot because he was openly smoking marijuana in his car. He had 4.9 grams in his possession and a pipe. He was arrested for possession of marijuana while driving and possession of paraphernalia. He was transported to Indio Jail for booking. 1100 hours - Dep. Alexander responded to the 47000 block of Via Firenze in reference to a domestic violence restraining order violation. Upon arrival, he spoke to Michael O'Brian who advised that he had a restraining against his wife's sister, Mary Ann Rapoza. She was telephoning him in violation of the court order. Dep. Alexander contacted her and took her into custody for willful violation of a court order. ` 1646 hours - Deputy Estrada responded to Amelia Earhart Elementary School to investigate a report of child abuse that occurred at the 79000 block of Calle Prospero, La Quinta. Upon his arrival, Deputy Estrada contacted CPS worker Felton who stated that an 11 year old boy had severe bruising to his back, buttocks and legs from being spanked with a belt by his father, Craig Wood. Craig Wood was arrested and booked for willful harm or injury to a child. CPS took the child into protective custody. 0 4 Thursday, 04-29-04 (64): No significant activity to report. Friday. 04-30-04 (71): 1000 hours - Deputy Burns responded to the Shell gas station on Adams and Hwy 111 to investigate a theft. Upon arrival, Deputy Burns was provided video surveillance footage of the suspect stealing a 12-pack of diet Coke and fleeing the area in his vehicle. The clerk at the location managed to obtain the vehicle license plate number of the suspects vehicle. A DMV check indicated that the vehicle belonged to Michael Seeger of Palm Springs. The clerk later positively identified Seeger from a photo line up. Officers from the Palm Springs Police Department responded to Seeger's residence and detained him. Seeger was later booked into the Indio Jail for burglary. 1100 hours - Deputy Alfaro arrested Jose Garcia for possession for sales during a ped-check at the Taco Bell in La Quinta. Garcia was found in possession of 1.0 gram of methamphetamine. Garcia was booked into the Indio Jail. 1725 hours - Deputy Ortega arrested Danny Johnson for an outstanding misdemeanor warrant for willful violation of a court order on the 53000 block of Avenida Corte in La Quinta. Johnson went home and his wife called the Police in regard to a violation of a restraining order. He was arrested and booked for the warrant. Total calls for service: 1965 2 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT April 2004 School: La Quinta High School Deputy: Robert Brooker 6- Criminal Reports 6- Non Criminal Incidents 4- Arrests 4- DA Filings 8- YAT Referrals 0- Traffic Stop 0- Vehicle Checks 3- Business Checks School Session: April 1 st through April 30th12004 Highlights: This period of time included Spring Break. • 1 assisted the school staff with school related problems and parents who are having problems with their high school age children. In those cases I referred the parents and students to the Student Assistance Program at the District Office, and conflict mediation at LQHS. • 1 handled incidents of vandalism, several truancies, fights between students, students in possession of marijuana, follow-ups on several missing/runaway juvenile students who attend school here, threatening text messages, counseled/mediated a disturbance between two special education students where one student became involved in the others personal life, additional thefts of cell phones from the girls locker room, and served a TRO restraining one student from another. • Indio Police Department and I responded to a house in the city of Indio reference a ditch party. There were about 10 Indio High School students and 5 La Quinta High School students in attendance and alcohol was being consumed. In a separate incident, two students were brought back to school after ditching and drinking at a house in Indio. Both students were so intoxicated; they were transported to the hospital for treatment. Both students have been referred to YAT (Youth Accountability Team) and are being sent to Alcohol Anonymous classes at the School District. CITY of LA Q U I N TA MONTHLY SCHOOL RESOURCE OFFICER REPORT APRIL 2004 SCHOOL: LA QUINTA MIDDLE SCHOOL Deputy: Robert Burbach COPS Grant Funded Position School Session: HIGHLIGHTS: • Student ditched school and was found in possession of mother's prescription medication. Student was arrested and transported to Juvenile Hall. • Two students fought outside of classroom. Both were charged with battery. • Three students detained and issued citations for truancy. • Student involved in fight assaulted a security agent. Case sent to the District Attorney. • Student found in possession of a laser pointer and later suspended. • Assisted C.P.S. at Truman Elementary regarding picking up a student. • Two students involved in classroom fight. Both were referred to YAT. • Two students fought just after school started. Referred to YAT and DA. • Two mentally disturbed students contacted me and described their problems. In both cases, their parents were contacted and picked them up for mental health appointments. • Follow up on child annoying case originally reported to me. Victims ID'd potential suspects from photos. • Student found in possession of marijuana at school. Referred to YAT Program. #93 La Quinta Police Department Special Enforcement Team Monthly Report April., 2004 New photo unavailable due to vacations (Dep. Coleman, Dep. Olsen, Dep.Wedertz, Dep. Bolton) The following is a summary of the Special Enforcement Team activities for the month of April. **************************************************************************************************** Ongoing Investigations Parole Searches Vehicle checks Investigation assists Arrest Warrants Attempted Pedestrian Checks Bar Checks Follow-ups Meetings Citations issued Property Checks Bicycle Time Illegal Drugs Seized 8 Probation Searches 3 0 Arrests/ Filings 3 11 Business Contacts 2 4 Arrest Warrants Served 1 1 Programs 1 8 Crime Prevention Hours 160 0 Back-ups 15 11 Search Warrants 1 6 Recovered Stolen Property 1 0 Surveillance's 1 15 Civil Commitments 0 0 Training Hours 0 . 6gms I vial mileage: -I f cu miles Noteworthy Accomplishments: ♦ Conducted 2-week bank robbery surveillance with the Coachella Valley Gang Task force. ♦ Served search warrant along with Coachella Valley Gang Task Force. Approximately 6 grams of marijuana located along with gang paraphernalia. ♦ Arrested 17-year old juvenile for unlawful entry and resisting a peace officer. Booked into juvenile hall. ♦ LQ SET Team assisted in grand theft auto investigation. Suspect Adrian Garcia 19, later admitted during interview of committing several burglary's, charges added along with bail enhancement. Probation search conducted at suspect's residence, possible stolen property located. ♦ Assisted Indio station detectives in a sex registrant sweep. LA QUINTA POLICE MOTORCYCLE ACTIVITY REPORT PROGRAM STATISTICS AP RI L 2004 Prepared By: Deputy Dave Adams Speed Violations Fail to Yield Turning Violations Stop Sign / Red Light Chlid seat violation Seatbelt 60 Lane Change Violation DUI Arrests Misd. Arrest Felony arrest No & Suspended CDL Tows 1 Warnings Injury T/C Non -Injury T/C Non -Moving B/U's & Calls H&S 9 1 2 1 6 1 7 35 1 73 10 16 20 1 26 18 1 HIGHLIGHTS 040104 - DUI arrest c@D SR 111 and Washington St. BAC .12%. 040204 - DUI arrest @ Jefferson St. and Ave. 50. BAC .15%. Deputy Adams on Vacation from 4/3-4/28. 295 CITY of LA QUINTA MONTHLY COMMUNITY SERVICE OFFICER REPORT C.S.O.: Monica Santillanes C.S.O.: Thomas Fowler April 2004 Summary of Months Activity Type ofActivity_ Number of Incidents Burglary Investigations 1s Grand Theft Reports 3 PettyTheft Reports 9 Vandalism/Malicious Mischief Reports 7 Vehicle Theft or Recovery Reports 0 Traffic Collision Response is Vehicle Code or Parking Citations 32 Abandoned Vehicles Tagged w/ Warn in 12 Towed Vehicles 6 Lost or Found Property Reports 3 Public Assistance 11 Follow Up to Previous Cases 4 Custodial and Non -Custodial Transport 8 Area Checks of La Quinta Skate Park 24 6 16 City of La Quinta Community Oriented Policing Office and Volunteers Report April, 2004 Highlights: • The volunteer program presently has thirteen volunteers who have finished training and are assisting in many capacities in the La Quinta CPO. We have one new volunteer in training. • We maintain the volunteer goal of staffing the CPO on a full time basis. • All volunteers receive ongoing training in all areas. In the April training volunteers learned how to take Lost Property and Found Property Reports. • Three volunteers are now entering all La Quinta traffic and parking citations, and one enters the traffic collisions into the system from the COPS Office. One volunteer is assisting with weapons identification on a computer at the CPO. One volunteer is assisting with crime analysis. A volunteer is assisting in Logistics and one in Property in addition to their staffing duties. • We are beginning to cross train our volunteers so we will be able to interchange responsibilities when necessary. Volunteer Hours and Monthly CPO Stats Monthiv YTD Totals (4/03 to Present) Hours 288 967.5 2636.5 Visits 148 592 1874 29 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT INDIO STATION 82695 Dr. Carreon Blvd. Indio, California 92201 April 2004 Explorer Post 503 Program Report Submitted by Explorer Post Advisor Andy Gerrard April was a great month for Explorer Post 503 Explorers and Advisors! For the first time in almost 2 years, some Post 503 members had the privilege to participate in a regional competition. Ten Explorer Post 503 Explorers and 3 advisors competed in the 2004 Colorado River Explorer Competition at the Bullhead City, Arizona Rotary Park from April 15-18. Thanks to expert coaching by Crime Analyst Jennifer Richards, Post 503 Explorers went all the way to the final round by soundly defeating 4 other Explorer Posts in the ten -person tug-of-war competition. In the final round, Post 503 Explorers earned the 2nd place overall trophy! Post 503 Explorers also did a great job in the active shooter/building search event to come away with an impressive 4th place trophy. I earned 4th place in the advisor cross-country race. Fifty-one total Explorer Posts from California, Arizona, and Nevada competed during the competition. Explorer Post 503 Explorers and Advisors competed in all the events offered during the competition. The events included tug-of-war, volleyball, DUI stop, felony stop, active shooter/building search, marijuana field raid, drill and ceremony, relay races, cross country races, and bicycle obstacle course. The competition taught Explorer Post 503 Explorers the importance of working hard to prepare for the events, gathering intelligence prior to the events, communicating to team members prior to and during the events, and why teamwork is vital. Several Explorer Post 503 Explorers volunteered at the April 4 community event at Veteran's Park in Coachella. Post 503 Explorers volunteered a total of 121 hours in April. 4W 3 CITY OF LA UINTA CRIME STATISTICS SUMMARY MARCH2004 Oggw CITY OF LA QUINTA MARCH CRIME COMPARISONS CRIME MARCH 2004 MARCH 2003 YTD (04) YTD (03) HOMICIDE 0 0 0 0 RAPE 0 2 1 2 SEX CRIMES (FEL) 2 1 4 1 SEX CRIMES D 3 0 5 1 ROBBERY 2 0 6 5 ASSAULT (FEL) 9 8 23 18 ASSAULT OMD 18 19 54 42 BURGLARY 63 59 219 180 VEHICLE THEFT 16 12 46 26 THEFT L 23 27 58 70 THEFT SD 55 26 138 90 VANDALISM SD 23 27 75 85 DOM. VIOLENCE 19 10 40 26 NARCOTICS 18 7 46 14 DUI 6 5 15 15 T/C NON -INJURY 55 22 130 88 T/C INJURY 3 8 12 17 T/C FATAL 0 1 0 1 TRAFFIC CITATIONS 560 331 1469 1021 STATISTICS DO NOT INCLUDE ATTEMPTS N N ao o� 0 N N N O O O a O M N O 0 ~ N A d' M O O I I O U .9 I' N O m �Q N r* ro rmq et M O O ■ O O O 0 O to O to O � E—�] 3' � � M O O O O N N NEI .s C', 5 � M O O 0 0 00 M N kn M O �o 4n 3 CITY OF LA QUINTA DISPATCH INFORMATION /MARCH 2O04 TYPE OF CALL RESPONSE TIIKE S NUMBER OF INCIDENTS EMERGENCY 3.5 1 ROUTINE 8 1236 *STATS TAKEN FROM RIVERSIDE CO. SHERIFF'S DATA WAREHOUSE AVERAGE. RESPONSE TIME REPORT A( ju7 �F 'Vcnwau�sa OF 'T'9 COUNCIL/RDA MEETING DATE: May 18, 2004 ITEM TITLE: Continued Public Hearing 'to Consider an Appeal to Specific Conditions of Approval for Site Development Permit 2004-797, as Approved by the Planning Commission on February 24, 2004. Applicant: Dr. Matthew Werner RECOMMENDATION: No action required. BACKGROUND: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: This item has been previously continued from the regularly scheduled April 6 and April 20 City Council meetings. The last continuance was requested to allow for the review of a traffic study, submitted April 16, 2004 in order to determine the necessity for a deceleration lane on Washington Street. The study has been reviewed by the Public Works Department, and it has been determined that the project will not require a deceleration lane. As the requirement to install this improvement is the basis of the appellant's request, the study's findings render the appeal moot. No further action is required by the City Council. Respectfully submitted, Jerr Her n ,Coromunity Development Director Approved for submission by: Thomas P. Genovese, City Manager T a 41t 4 't 4 a" COUNCIL/RDA MEETING DATE: May 18, 2004 ITEM TITLE: Public Hearing to Consider Granting Approval of an Extension of Time in Which to File a Final Map, for Tentative Tract 30092, a 97- Lot Subdivision on ± 37 Acres, at the Northwest Corner of Avenue 58 and Monroe Street. Applicant: Covenant Development, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving a one-year extension of time for Tentative Tract 30092, subject to the findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Environmental Considerations The La Quinta Community Development Department has determined that, as an extension of time for an existing approved map, none of the circumstances set forth in Public Resources Code 21166 have been shown to exist and, accordingly, no further environmental review is warranted. Project Proposal The site for Tentative Tract 30092 is the northwest corner of Avenue 58 and Monroe Street (Attachment 1). This map was originally approved on July 3, 2001, for 97 single-family lots on ± 37 gross acres (Attachment 2). Subsequently, an 309 amendment to the map was filed, requesting an increase in the number of lots to 130. This amendment was denied by the City Council on April 16, 2002. The original tract approval for 97 lots remained in effect. The first time extension was approved by City Council on August 19, 2003, extending the expiration date to July 3, 2004. The applicant has proposed no changes to the original map, but has revised the tract entry location as required by the approval conditions under Extension #1 The lot sizes range from approximately 11,500 to 14,000 square feet. The project will have private streets, designed with cul-de-sac streets emanating from a grid pattern. A private 1.25-acre recreation lot is provided in the southeasterly portion of the map, which indicates ultimate improvements for a tennis court, pool/spa and a community building of about 3,000 square feet. Public Notice This case was advertised in the Desert Sun newspaper on April 17, 2004. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required. No negative comments were received. Any correspondence received prior to the meeting will be presented to the City Council. Public Agency Review Staff transmitted the applicant's request to all responsible and concerned public agencies. All comments received are on file at the Community Development Department, and have been incorporated into the attached Conditions of Approval, where necessary and appropriate. Planning Commission Action The Planning Commission, at its April 27, 2004 meeting unanimously recommended approval of this second time extension for Tentative Tract 30092 by adoption of Planning Commission Resolution 2004-030. At the public hearing, no testimony was presented before the Planning Commission. Mr. Jon Silver, representing Covenant Development, did indicate his acceptance of the conditions as revised by staff. After subsequent discussion and questions of staff, the Planning Commission revised Conditions 7.A., 12 and 47.A. The minutes of the April 27, 2004 Planning Commission meeting are included as Attachment 3. 02 J.10 FINDINGS AND ALTERNATIVES: Findings necessary to approve this request can be made, as presented in the attached Resolution. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council, approving an extension of time for Tentative Tract 30092, subject to Findings and Conditions of Approval; or 2. Do not adopt a Resolution of the City Council, approving an extension of time for Tentative Tract 30092; or 3. Provide staff with alternative direction. Respectfully submitted, unity Development Director Approved for submission by: nL�rcw (00 / Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Reduction - Tentative Tract 30092 3. Planning Commission Minutes of April 27, 2004 PCrptTTM28797RJT RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE- YEAR TIME EXTENSION FOR A TENTATIVE TRACT MAP OF 97 SINGLE-FAMILY LOTS ON t 37 ACRES TENTATIVE TRACT MAP 30092, EXTENSION #2 COVENANT DEVELOPMENT, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 181h day of May, 2004, consider the request of Covenant Development Inc., for a one-year time extension on Tentative Tract 30092, a subdivision of 37 gross acres into 97 single-family lots, located at the northwest corner of Avenue 58 and Monroe Street, more particularly described as: A PORTION OF THE SW '/4 OF THE SW A OF SECTION 22, T6S, R7E - S.B.B.M. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27th day of April, 2004, adopt Planning Commission Resolution 2004-030, recommending approval of a one-year time extension on Tentative Tract 30092; and, . WHEREAS, the City Council of the City. of La Quinta, California, did on the 191h day of August, 2003, adopt Resolution 2003-79, approving an initial one- year time extension of Tentative Tract 30092, subject to conditions; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 3d day of July, 2001, adopt Resolution 2001-92, approving Tentative Tract 30092, subject to conditions; and, WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2001-417 was certified by the La Quinta City Council on July 3, 2001, by adoption of Resolution 2002-91. As an extension of time for an existing approved map, none of the circumstances set forth in Public Resources Code 21 166 have been shown to exist and, accordingly, no further environmental review is warranted; and, 04 3� City Council Resolution 2004- Tentative Tract Map 30092, Extension #2 Covenant Development, Inc. Adopted: May 18, 2004 WHEREAS, at said City Council Public Hearing, held this 18th day of May, 2004, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the following mandatory findings to justify approval of a one-year time extension for said Tentative Tract 30092: 1. The approved Tentative Tract 30092 is consistent with the La Quinta General Plan, as it will not be developed in any manner inconsistent with the General Plan Land Use designation of Low density Residential and other current City standards when considering the conditions to be imposed. Development and improvement of the lots will comply with applicable development policies regulating density, street sections, storm water retention, utility and service provisions, and access. 2. The approved Tentative Tract is consistent with the La Quinta Zoning Code, as the project contemplates land use that is substantially equivalent to that permitted under existing Low Density Residential zoning, and which were previously addressed in the MEA certified for the General Plan, and the project Environmental Assessment 2001-417. Specifically, development of existing RL-zoned land is considered to implement zoning consistency with the General Plan. 3. The design of the subdivision and type of improvements are not likely to cause environmental damage, serious public health problems, or substantially and unavoidably injure fish or wildlife, in that these issues were considered in Environmental Assessment 2001-417, in which no significant health or safety impacts were identified, with implementation of mitigation measures as adopted. 4. The approved Tentative Tract 30092 has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (City Council Resolution 83-63), in that a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2001- 417 was certified by the La Quinta City Council on July 3, 2001, by adoption of Resolution 2001-91. S:\City Clerk\ResolutionsTH 2 Reso TT30092.doc 05 � 13 City Council Resolution 2004- Tentative Tract Map 30092, Extension #2 Covenant Development, Inc. Adopted: May 18, 2004 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby grant approval of a one-year time extension for Tentative Tract 30092, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 181h day of May, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 1: S:\City Clerk\ResolutionsTH 2 Reso TT30092.doc 1 CITY COUNCIL RESOLUTION 2004- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 30092, EXTENSION #2 COVENANT DEVELOPMENT, INC MAY 18, 2004 Changes by Planning Commission are in bold font GENERAL 1. Tentative Tract Map No. 30092 shall comply with the requirements and standards of § § 66410-66499.58 of the California Government Code (the Subdivision Map Act) and Title 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. 2. This Map extension approval shall expire and become null and void on July 3, 2005 unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. 3. Developer agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of TT 30092 and certification of EA No. 2001-417. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 4. Prior to the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following agencies and departments: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (Letters dated 2-26-01 and 3-30-01) • Imperial Irrigation District (Letter dated 4-18-01) • California Regional Water Quality Control Board (NPDES Permit) Verizon Time Warner Cable • Southern California Gas Company (Letter dated 3-22-01) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. P:\Reports - McccoaTT3009W.doc 07 lUn C"" J City Council Resolution 2004- Conditions of Approval — Recommended Tentative Tract Map 30092, Extension #2 Adopted: May 18, 2004 Page 2 The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. Projects disturbing five or more acres, or smaller projects which are part of a larger project disturbing five or more acres require a project -specific NPDES permit.The applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent (NOI) prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan (SWPPP) is available for inspection at the project site. PROPERTY RIGHTS 5. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for 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. 6. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 7. Right of way dedications required of this development include: A. PUBLIC STREETS 1) Avenue 58 (Proposed General Plan Secondary Arterial, 94' ROW). If a proposed General Plan Amendment is adopted by the City Council, sufficient right of way shall be dedicated to accommodate the proposed standard 47-foot right of way from the centerline of Avenue 58 to comply with the existing Secondary Arterial Roadway Classification plus a Class II bicycle lane, except for an additional variable right of way dedication at the proposed primary entry measured 56 feet north of the centerline of Avenue 58 and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. P:\Reports - CC\cccoaTT30092x2.doc i V City Council Resolution 2004- Conditions of Approval — Recommended Tentative Tract Map 30092, Extension #2 Adopted: May 18, 2004 Page 3 2) Monroe Street (Primary Arterial, Option A) - 55-foot half of 1 10- foot right of way. B. PRIVATE STREETS 1) Main Entry: As required for final configuration of the private gated entry as approved by the City Engineer. 2) Residential: 37-foot width. Width may be reduced to 33 feet with parking restricted to one side and 29 feet if on -street parking is prohibited provided there is adequate off-street parking for residents and visitors and the applicant makes provisions for ongoing enforcement of the restrictions. C. CULS DE SAC - Public or Private: Use Riverside County Standard 800 (symmetric) or 800A (offset) with 39.5-foot radius, or larger. 8. Right of way geometry for knuckle turns and corner cutbacks shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 9. 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. 10. If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant the necessary rights of way within 60 days of written request by the City. 1 1. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 12. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): A. Avenue 58 (Secondary Arterial) - 10-foot from the R/W - P/L. B. Monroe Street (Primary Arterial) - 20-foot from the R/W - P/L. The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. The meandering wall design shall be approved by the Community Development Director and 09 P:\Reports - CC\cccoaTT30092x2.doc 317 City Council Resolution 2004- Conditions of Approval — Recommended Tentative Tract Map 30092, Extension #2 Adopted: May 18, 2004 Page 4 the City Engineer when perimeter wall improvement plans are submitted for approval. Where public facilities (e.g., sidewalks, multi -use trails) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. The meandering wall design shall be approved by the Community Development Director and the City Engineer when perimeter wall improvement plans are submitted for approval. 13. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 14. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved tentative map. 15. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 16. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners 17. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) AND PARCEL MAP(S) 18. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. 10 P:\Reports - CC\cccoaTT30092x2.doc 313 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract Map 30092, Extension #2 Adopted: May 18, 2004 Page 5 If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 19. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 20. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 21. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not converted to AutoCad, plans. produced in AutoCad or a file format which can be the City Engineer may accept raster -image files of the P:\Reports - CC\cccoaTT30092x2.doc 11 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract Map 30092, Extension #2 Adopted: May 18, 2004 Page 6 GRADING 22. Prior to issuance of a grading permit, the applicant shall furnish written acknowledgment from CWQCB of receipt of applicants Notice of Intent (NOI). 23. Prior to issuance of a grading permit, the applicant shall furnish a preliminary geotechnical ("soils") report and an approved grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 24. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240.F, except where otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscaped setback area, except for the backslope (i.e. the slope at the back of the landscape lot), which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) feet, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one -and -one-half inches 0.5") within the first eighteen inches (18") behind the curb. 25. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. The limits given in this condition and the previous condition are not entitlements and more restrictive limits may be imposed in the map approval or plan checking process. If compliance with the limits is impractical, however, the City will consider alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. P:\Reports - CC\cccoaTT30092x2.doc J4 0 City Council Resolution 2004- Conditions of Approval — Recommended Tentative Tract Map 30092, Extension #2 Adopted: May 18, 2004 Page 7 26. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 27. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 28. Prior to issuance of building. permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. IMPROVEMENT AGREEMENT 29. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to construct additional improvements subject to reimbursement by others, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City, the Applicant shall, at the time of approval of a map or other development or building permit, reimburse the City for the cost of those improvements. 30. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. P:\Reports - CC\cccoaTT30092x2.doc 13 n -) .. 4 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract Map 30092, Extension #2 Adopted: May 18, 2004 Page 8 31. If improvements are secured,, the applicant shall provide- estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 32. If improvements are phased with multiple final maps or other administrative approvals (e.g., Site Development Permits), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 33. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. DRAINAGE 34. Applicant shall prepare 'a Storm Water Pollution. Prevention Plan as required by the State NPDES General Construction Permit. The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 35. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design 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. 14 P:\Reports - CC\cccoaTT30092x2.doc 322 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract Map 30092, Extension #2 Adopted: May 18, 2004 Page 9 36. Stormwater shall normally be retained in common retention basins. Individual -lot basins or other retention schemes may be approved by the City Engineer for lots 2.5 acres in size or larger or where the use of common retention is impracticable. If individual -lot retention is approved, the applicant shall meet the individual -lot retention provisions of Chapter 13.24, LQMC. 37. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 38. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 39. Retention facility design shall be based on site -specific percolation data which shall be submitted for checking with the retention facility plans. The design percolation rate shall not exceed two inches per hour. 40. Retention basin slopes shall not exceed 3:1. Maximum retention depth shall be five feet for common basins and two feet for individual -lot retention. 41. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leachfield approved by the City Engineer. The sand filter and leachfield shall be designed to contain surges of 3 gph/1,000 sq. ft. (of landscape area) and infiltrate 5 gpd/1,000 sq. ft. 42. In developments for which security will be provided by public safety entities (e.g., the La Quinta Safety Department or the Riverside County Sheriff's Department), retention basins shall be visible from adjacent street(s). No fence or wall shall be constructed around basins unless approved by the Community Development Director and the City Engineer. 43. The tract shall be designed to accommodate purging and blowoff water 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. UTILITIES 44. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all aboveground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. P:\Reports - CC\cccoaTT30092x2.doc City Council Resolution 2004- Conditions of Approval — Recommended Tentative Tract Map 30092, Extension #2, Adopted: May 18, 2004 Page 10 45. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground, unless otherwise allowed by General Plan Amendment 2000-073. Power lines exceeding 34.5 Kv are exempt from this requirement. 46. 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 trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 47. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF -SITE STREETS 1) Avenue 58 (Proposed General Plan Secondary Arterial, 96' ROW). If a proposed General Plan Amendment is adopted by the City Council, widen the north side of the street along all frontage adjacent to the Specific Plan boundary to its ultimate width as specified in the Proposed General Plan Amendment and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The north curb face shall be located thirty-six feet (36') north of the centerline, except at locations where additional street width is needed to accommodate the following: a. Bus turnouts (if required by Sunline Transit). b. A deceleration/right turn only lane at the Primary Entry. The north curb face shall be located forty eight feet (481) north of the centerline, if a proposed General Plan Amendment is adopted by the City Council as specified above. Other required improvements in the Avenue 58 right of way and/or adjacent landscape setback area include: 16 P:\Reports - McccoaTT3009W.doc \l City Council Resolution 2004- Conditions of Approval — Recommended Tentative Tract Map 30092, Extension #2 Adopted: May 18, 2004 Page 11 C. All appurtenant components such as, but not limited to, curb, gutter, traffic control striping, legends and signs, plus a single overhead street light at the street connection to Avenue 58. d. An 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves, with respect to the curb line that touches the back of curb, at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander in to the landscape setback lot, and approach within 22 feet of the perimeter wall, at intervals not to exceed 250 feet. 2) Monroe Street (Primary Arterial Option A; 110' R/W) - Widen the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the west side, as specified in the General Plan an.d these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The west curb face shall be located forty-three feet (43') west of the centerline, except at locations where additional street width is needed to accommodate the following: a. Bus turnouts (if required by Sunline Transit) Other required improvements in the Monroe Street right of way and/or adjacent landscape setback area include: b. All appurtenant components such as, but not limited to, curb, gutter, traffic control striping, legends and signs, plus a single overhead street light at the street connection to Avenue 58. C. An 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves, with respect to the curb line that touches the back of curb, at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of 17 P:\Reports - McccoaTT3009W.doc 3� 5 City Council Resolution 2004- Conditions of Approval — Recommended Tentative Tract Map 30092, Extension #2 Adopted: May 18, 2004 Page 12 reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander in to the landscape setback lot, and approach within 22 feet of the perimeter wall, at intervals not to exceed 250 feet. d. Half width of an 18-foot wide raised landscaped median along the entire boundary of the Tentative Tract Map, unless otherwise determined by the City Engineer. 3) Developer shall enter into a secured agreement for the deferred installation of a traffic signal at the main entrance off Avenue 58 at such time that signal warrants are met. Developer shall pay its fair share based on an "after the fact" traffic study. Developer may assign secured agreement to the HOA. Signalized intersection costs to be divided based on percentages of use to the participating developments. B. PRIVATE STREETS Residential: 36-foot travel width. Width may be reduced to 32 feet with parking restricted to one side and 28 feet with on -street parking prohibited if there is adequate off-street parking for residents and visitors and the applicant provides. for perpetual enforcement of the restrictions by the homeowners association. C. CULS DE SAC Use Riverside County Standard 800 (symmetric) or 800A (offset) with 38-foot curb radius. Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic; and shall provide for a full turn -around outlet for non - accepted vehicles. 18 P:\Reports - CC\cccoaTT30092x2.doc v City Council Resolution 2004- Conditions of Approval — Recommended Tentative Tract Map 30092, Extension #2 Adopted: May 18, 2004 Page 13 Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. 48. 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. 49. The applicant may be required to extend improvements beyond development 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. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 51. Knuckle turns and corner cutbacks shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 52. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge or rolled curb design is approved, the lip at the flowline shall be vertical (1 /8" batter) and a minimum of 0.1 ' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 53. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential Collector Secondary Arterial Primary Arterial Major Arterial 3.0" a.c./4.50" c.a.b. 4.011/5.0011 4.011/6.0011 4.511/6.0011 5.511/6.5011 19 P:\Reports - CC\cccoaTT30092x2.doc City Council Resolution 2004- Conditions of Approval — Recommended Tentative Tract Map 30092, Extension #2 Adopted: May 18, 2004 Page 14 54. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. The applicant shall sample native soils .along the approximate alignment of the sidewalk subgrade for all frontages of the Avenue 58 and Monroe Street Tentative Tract boundaries for soluble sulfate ion concentrate. The concrete mix design shall conform to the requirements of Table 19 A-4 of the Uniform Building Code (UBC). Sampling shall be one per 1,000 linear feet of sidewalk, or as determined by. the City Engineer. 55. The City will conduct final inspections of homes and other 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 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 tract or when directed by the City, whichever comes first. 56. General access points and turning movements of traffic are limited to the following: A. Avenue 58 (Secondary Arterial) - No turning restriction. B. Emergency Access on Monroe Street - No public access allowed; left turns are restricted. LANDSCAPING 57. Landscape and irrigation plans for landscaped lots, landscape setback areas and medians shall be prepared by a landscape architect and be prepared based on the water conservation measures in Chapter 8.13 of the Municipal Code. Landscape and irrigation plans shall be approved by the Community Development Department. The plans are not approved for construction until they have been approved and signed by the Coachella Valley Water District and the Riverside County Agricultural Commissioner. 58. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. P:\Reports - McccoaTT3009W.doc 3 City Council Resolution 2004- Conditions of Approval — Recommended Tentative Tract Map 30092, Extension #2 Adopted: May 18, 2004 Page 15 59. 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 plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 60. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 61. The developer and subsequent property owner shall continuously maintain all required landscaping in a healthy and viable condition as required by Section 9.60.240 (E3) of the Zoning Ordinance. PUBLIC SERVICES 62. The applicant shall provide public transit improvements as required by Sunline Transit and approved by the City Engineer. QUALITY ASSURANCE 63. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 64. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 65. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 66. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or 21. P:\Reports - CC\cccoaTT30092x2.doc City Council Resolution 2004- Conditions of Approval — Recommended Tentative Tract Map 30092, Extension #2 Adopted: May 18, 2004 Page 16 surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 67. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks (except for multi -use trails). The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. FEES AND DEPOSITS 68. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 69. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of the reapportionment. 70. The developer shall pay school mitigation fees to the Coachella Valley Unified School District based on their requirements. Fees shall be paid prior to building permit issuance by the City. 71. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. FIRE DEPARTMENT 72. Approved standard fire hydrants, located at each street intersection and spaced not more than 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1,000 g.p.m. for a 2-hour duration at 20 psi. 73. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 74. Gates entrances shall be at least two feet wider than the width of the travel lanes. Any gate providing access from a road to a driveway shall be located at least 35' setback from the roadway and shall open to allow a vehicle to 2 2 P:\Reports - CC\cccoaTT30092x2.doc City Council Resolution 2004- Conditions of Approval — Recommended Tentative Tract Map 30092, Extension #2 Adopted: May 18, 2004 Page 17 stop without obstructing traffic on the road. Where one way road with a single traffic lane provides access to a gate entrance, a 40 foot turning radius shall be used. 75. Gates, if any, shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 76. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. 77. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. MISCELLANEOUS 78. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 79. The Covenants, Conditions and Restrictions for the Tract shall be approved by the City Attorney prior to approval of the final map by the City Council. 80. Privacy walls fronting onto Avenue 58 and Monroe Street shall either meander (i.e.,minimum 5'-0" undulation) or include minimum three foot offsets every second lot. Perimeter tract improvements (conceptual plans) shall be approved by the Planning Commission, including landscaping and decorative screen walls. 81. Bureau of Reclamation easements that traverse the project site shall be disclosed on the final map. 82. No permanent improvements may be constructed within the 50-foot easement area of the Avenue 58 agricultural drain or the 10-foot easement area of lateral 123.45-0.75 without the written consent of the Coachella Valley Water District. 83. Revise the Tract Map exhibit map to reflect the Geotechnical Investigation Report regarding liquefaction. 23 P:\Reports - McccoaTT3009W.doc J 3 S%T##lf' H&IrG4Y ' P-R.-OVECT St TE � I "i �I W7Y MAP CASE MAP CASE No. I tIV I H I I V C I I'SHIr I OvvOc EXTENSION #2. COVENANT DEVELOPMENT NORTH SCALE 4 CbUUi' dWY 3AUVIN31 ATTACHMENT 2 I s ir Ec 0 toot" R I I alla It all, I ASO') 10 Its RM ate -ts I Vag R kill goal III All os a BN Pa i%«««a a g� r�lsc� �� 01 J-)2 ATTAD*AENT 9 Planning Commission Minutes April 27 2004 compressor pads were not permitted in the sideyard. ff stated the Code prohibits it but staff wanted'to be sure t applicant is aware of the requirement. 3. There being no further questions of staff, V' a Chairman Abels asked if the applicant would like to address a Commission. Mr. John Gamlin, representing ND La Quin Partners stated they agreed with the conditions and are avai ble for any questions. 4. Vice Chairman Abels asked if ther were any questions of the applicant. Commissioner Tyler asked if the clustering was something the market was looki g for. Mr. Gamlin stated it has been well received and there is waiting list. Commissioner Tyler stated he would be concer ed about a detached garage that distance from the kitchen. 5. There being no further Oestions and no other public comment, Vice Chairman Abels cl sed the public participation portion of the hearing. 6. It was moved and conded by Commissioners Tyler/Quill to adopt Planning Commi sion Resolution 2004-029, approving Site Development P mit 2004-803, as amended: ROLL CALL: AYE Commissioners Daniels, Quill, Tyler, and Vice Cha' man Abels. NOES: None. ABSENT: Chairman Kirk. AB TAIN: None. D. Tentative Tract Map 30092, Extension #2; a request of Covenant Development, Inc. for consideration of a one year time extension to file a final map for a subdivision of ± 37 acres into 97 single-family lots for the property located at the northwest corner of Avenue 58 and Monroe Street. 1. Vice Chairman Abels opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Vice Chairman Abels asked if there were any questions of staff. Commissioner Tyler asked if Avenue 58 and Monroe Street adjacent to this property meet current road requirements. 25 G:\WPDOCS\PC Minutes\4-27-04.DOC Planning Commission Minutes April 27 2004 Assistant City Engineer Steve Speer stated they are County roads and it will have to be determined whether or not they are structurally adequate to be converted to arterial streets. Staff would see that if the requirement was not in the conditions, they would see that it is added. 3. Commissioner Daniels asked if the applicant had received a copy of the changes. Staff stated they were not given a copy until this evening. 4. There being no further questions of staff, Vice Chairman Abels asked if the applicant would like to address the Commission. Mr. John Silver, representing Covenant Development, Inc., stated he has no objection to the conditions and was available to answer any questions. He asked staff to clarify the changes that were handed out at the meeting. Assistant City Engineer Steve Speer explained the changes. Mr. Silver stated he had no objections to the changes. 5. There being no further questions and no other public comment, Vice Chairman Abels closed the public participation portion of the hearing. 6. It was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2004-030, approving a one year time extension for Tentative Tract Map 30092, as recommended and amended. ROLL CALL: AYES: Commissioners Daniels, Quill, Tyler, and Vice Chairman Abels. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. VI. BUSINESS, ITEMS: 0 Contin d Valdivia for the pro — Public Nuisance Case 9693; a request of Robert and Barbara r consideration of an appeal of a public nuisance determination &rtv located at 54-360 Avenida Juarez. 1. Vice Chair an Abels opened the public hearing and asked for the staff report. mmunity Safety Manager Debra Conrad presented the information c tained in the report a copy of which is on file in the Community Deve ment Department. Nohm Duzman, City 26 G:\WPDOCS\PC Minutes\4-27-04.DOC �J5 c� OF COUNCIL/RDA MEETING DATE: May 18, 2004 ITEM TITLE: Public Hearing on an Appeal of a Condition and/or Finding Regarding Site Development Permit 2004-800, Appellants: Washington 1 1 1, LTD RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council upholding the Planning Commission action approving conditions and findings for Site Development Permit 2004-800. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW The currently vacant project site is located at the southeast corner of Simon Drive and Washington Street (Attachment 1). The project consists of a 12,000 square foot grocery store, Trader Joe's. On December 17, 2002, the City Council approved the Planning Commission recommendation to certify Environmental Assessment 2002-166, and approve Specific Plan 87-01 1, Amendment No. 4, the Washington Park Commercial Center, consisting of 22 buildings with approximately 730,000 square feet of commercial and office space (Attachment 2). On March 23, 2004, the, Planning Commission approved Site Development Permit 2004-800, a 12,000 square foot grocery store. S:\CITYMGR\STAFF REPORTS ONLY\PH 3 APPEAL SDP800.DOC Project Request The applicant's letter of appeal is attached (Attachment 3). They are appealing the March 23, 2004, Planning Commission decision approving conditions and finding for Site Development Permit 2004-800. The applicant is appealing Condition 32 A.1.d (regarding the applicant's responsibility for the cost of his share of the traffic signal at Washington Street and Simon Drive and installation of deceleration/right turn only lanes; the applicant is also appealing Condition No. 35 B regarding vehicular access to the site from Simon Drive. The applicant is appealing Condition No. 56 requiring the applicant to pay for and provide a traffic study to determine the nexus for a traffic signal and the need for deceleration/right turn only lanes on Washington Street (Attachment 4) . Public Notice The case was advertised in the Desert Sun newspaper on May 7, 2004. All property owners within 500 feet of the affected area were mailed a copy of the public notice as required. Planning Commission Action On March 23, 2004, the Planning Commission considered the proposal and voted 5-0 approving Site Development Permit 2004-800, as conditioned (Attachment 5. FINDINGS AND ALTERNATIVES Findings necessary to uphold the Planning Commission action can be made per the Municipal Zoning Code (Chapter 9.10). The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council upholding the Planning Commission action approving Site Development Permit 2004-800; or 2. Do not adopt a Resolution of the City Council upholding the Planning Commission action to approve Site Development Permit 2004-800 and direct staff to prepare a Resolution modifying the Planning Commission action; or, 3. Provide staff with alternative direction. Respectfully submitted, H man, munity Development Director 02 337 S:\CITYMGR\STAFF REPORTS ONLY\PH 3 APPEAL SDP800.DOC Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Site Location Map 2. Site Plans for Site Development Permit 2004-800 3. Applicant Submittal 4. Planning Commission Conditions of Approval No. 32 A. 1.d , 35 B, and 56 5 Excerpts from the March 23, 2004 minutes of the Planning Commission 03 S:\CityMgr\STAFF REPORTS ONLY\PH 3 Appeal SDP800.doc RESOLUTION 20024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, UPHOLDING A PLANNING COMMISSION ACTION APPROVING SITE DEVELOPMENT PERMIT 2004-800 CASE NO.: APPEAL OF CONDITIONS AND FINDINGS FOR SITE DEVELOPMENT PERMIT 2004-800 APPLICANTS: WASHINGTON 111, LTD WHEREAS, the City Council of the City of La Quinta, California, did, on the 18t' day of May, 2004 hold a Public Hearing to consider the request of Washington 111,LTD to appeal the approval of Site Development Permit 2004-800 by the Planning Commission and more particularly described as: Parcel Map 30903, Parcel No. 3 and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23" day of March, 2004, hold a duly -noticed Public Hearing to consider the request of Washington 1 1 1, LTD for a Site Development Permit; and WHEREAS, at said City Council Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings of approval to justify said Site Development Permit 2004-800: 1. That the project as conditioned including site design and installation of improvements are consistent with the Municipal Zoning Code (9.200). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby uphold the Planning Commission's action approving the Site Development Permit 2004-800 for the reasons set forth in this Resolution. n (� P:\Reports - MCC RESO appeal 2004-800.doc J �/ City Council Resolution 2004- Appeal of Conditions and Findings for Site Development Permit 2004-800 Adopted May 18, 2004 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this the 18" day of May, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC/AAE City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 05 J40 STATE �N) WARING DRIVE W W f5 SIMON DRIVE 11 SITE 4 AVE. tn EISENHOWER Q DRIVE �- c� z i 3 PROJECT LOCATION MAP { 06 �.1 0'7 A 2 V T4 wEa Quinta uuty Development Department Calle Tampico �ta, California 92253 7-7125 FAX: (760) 777-1233 (Cross out one that does not apply) • arolm un 8MY Case No. 50A Dy - o� Date Rwvd Y140 /40 Fee: I 'L�• JV Related AM.: SP 8 LBLed ID bY•_�C_ LOU j Application for Appeal of Findings AndlOr Conditions Appellant's Name Jack Tarr Development, c/o Washington 111, Late March 31, 2004 . Moiling Address 78-365 Hwy 1119 #351, . La Quinta, Ca 92253 Phone: t_ 760 _1 485-5308 Resolution # and Condition(s) of Approval being appealed Site Development Permit 2004-800 Any development review action may be appealed pursuant to Section 9.220.120 of the Zoning Code. Please identify the type of application: Type of Appeal: Change of Zone Specific Plan . Conditional Use Permit Variance Minor Use Permit Tentative Tract Map Tentative Parcel Map xx Site Development Permit Temporary Use Permit Other Please. provide sufficient information so as to make clear the substance of each of the grounds for appeal. If applicable, indicate the number of the specific condition which is being protested. Appellant appeals and objects t*b the conditions of approval adopted by the La Quinta Planning Commission on March 23, 2004, regarding Agenda Item E, including, but not limited to: requiring Appellant to pay 25% of a traffic signal at Simon Dr. and Wash- ington St.; requiring deceleration lands•on Washington St.; changing access points; requiring Ap ellant to pay for a traffic study or other environmental analysis; an also appeals and objects to any findings supporting those conditions of approval. Use additional sheets if necessary. [See Attached letter from Counsel for Appellant.] Signature of A ellant BMppW Finds -Coed ,�44 • • GRESHAM, SAVAGE, NOLAN & TILDEN, LLP A REGISTERED LImrmD LIABILITY PARTNERSHIP LAWYERS - FOUNDED 1910 MAILING: P.O. Box 1240, RIVHRSTDF, CA 92502-1240 FOR THE FIRM AS SENIOR COUNSEL: Marlene L. Allen 3750 UNIVERsrrY AVENUE, SUITE 250 e-mail: Maflaw.AlIaAg hameavage.com RIVERSIDE, CALIFORNIA 925022-1240 (909) 684-2171 - FACSIMILE (909) 684-2150 www.greshamsavage.com April 5, 2004 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 Re: Application for Appeal of Findings and/or Conditions Applicant/Appellant: Jack Tarr Development, c/o Washington 111, Ltd. Site Development Permit 2004-800 — Trader roes La Quinta Planning Commission hearing on March 23, 2004 Dear Sirs/Madames: This firm has been retained by Jack Tarr Development, c/o Washington 111, Ltd. (the "Appellant") regarding their appeal of the conditions of approval for Site Development Permit 2004-800 regarding the proposed Trader Joes grocery store to be built at the Washington Park project (the "Project"), and any findings supporting those conditions of approval. Appellant is appealing the conditions of approval adopted by the La Quinta Planning Commission "Commission") at the hearing on March 23, 2004, pursuant to Section 9.220.120 of the Zoning Code, and any findings supporting those conditions of approval, as follows: 1. Appellant appeals and objects to Condition 32.A.1)d) requiring appellant to pay for 25% of the cost for design and installation of a traffic signal at the Washington Street and Simon Drive intersection. 2. Appellant appeals and objects to Condition 32.A.1)a) requiring a deceleration/right turn only lane on Washington Street at Simon Drive. 3. pp PP Appellant appeals and objects to any other deceleration lanes being imposed on the Washington Park project in connection with the Trader Joes site development permit (which conditions are not even mentioned in the Staff Report). 4. Appellant appeals and objects to the elimination of any proposed ,access points to the Washington Park project (which condition is not even mentioned in the Staff Report). 10 SAN BERNARDINO OFFICE - 600 N. ARROWHEAD AVENUE, SUITE 300, SAN BERNARDINO, CA 92401 - (909) 884-2171 - FACSIMILE (909) 888-212,4 VICTORVILLE OFFICE - 14350 CIVIC DRIVE, SUITE 120, VICTORVILLE, CA 92392 - (760) 243-2899 0 FACSIMILE (760) 243-0467 ` <, !? r GRESHAM, SAVAGE, NOLAN & TILDEN, LLP Marlene L. Allen April 5, 2004 Page 2 5. Appellant appeals and objects to any requirement that Appellant pay for any traffic study or environmental document (which conditions are not even mentioned in the Staff Report). It is unclear exactly what the Commission was imposing on this Applicant at the hearing on March 23, 2004, since the Commissioners kept changing their minds as to what they wanted to do and were uncertain as to whether they were permitted to take certain actions. This was apparent from the discussions and disagreements that the Commission had with the City Attorney during the hearing. However, it appears that the conditions of approval mentioned above were adopted at that hearing. Appellant appeals and objects to those conditions of approval and any findings supporting them, based on the following: A. The Commission cannot impose the condition that Appellant pay for 25% of a traffic signal at the intersection of Simon Drive and Washington Street. As stated at the hearing, when the Specific Plan was approved for this Project by the City in December 2002, Urban Crossroads prepared a traffic study. (See Specific Plan, p. 19 — attached as Exhibit 1) No signal at Washington Street and Simon Drive was found warranted. In fact, the Specific Plan provides (on p. 20 — attached as Exhibit 2) that: "Peak hour traffic volumes for ultimate conditions were determined by utilizing trip generation and trip distribution for key intersections in the project area. The peak hour volumes for ultimate conditions were found to have no significant effect on present conditions to warrant any changes." It is unreasonable to now require Appellant to pay for a traffic signal at this location when there is no evidence that one is needed, desirable, warranted, or consistent with any traffic study. Furthermore, Appellant is not aware that an environmental analysis has been done concerning the installation of a traffic signal at that location. There is concern that such a signal could be a hazard due to its close proximity to the intersection of Washington Street and Highway 111. It should be noted that Appellant objected, on the record, to the traffic signal when it was approved as an amendment to the General Plan in connection with the Madison Development on March 16, 2004. The City has not adhered to the appropriate California Environmental Quality Act ("CEQA") process regarding a formal study of traffic alternatives with supporting impact studies in connection with a traffic signal at that location. Even if a traffic signal were found to be desirable and warranted at that location, Appellant should not have to pay for it. The new residential developments in the area are responsible for increased traffic, and the developers of those projects should pay for that traffic signal. 0 GRESHAM, SAVAGE, NOLAN & TILDEN, LLP Marlene L. Allen April 5, 2004 Page 3 . The Commission cannot impose any condition on this development, (and specifically the Trader Joes) unless the condition is reasonable, and there exists a sufficient nexus between the conditions imposed and the projected burden of the proposed development. Ayres v City Council, 34 Cal.2d 31, 42 (1949). The United States Supreme Court has confirmed the necessity of a sufficient nexus in two cases, Nollan v. California Coastal Comm 'n, 483 U.S. 825 (1987) and Dolan v. City of Tigard, 512 U.S. 374 (1994). These two cases, referred to as the Nollan/Dolan two -prong nexus test, have been interpreted by the California Supreme Court in Ehrlich v. City of Culver City, 12 Cal.41h 854, 881 (1996). Those cases require that (1) there be a relationship between a proposed development and a governmental exaction (or fee); and (2) there be a proportionate "degree" of connection between the exaction (or fee) imposed by the city and the projected impact of the proposed development. As stated above, the traffic study done in connection with the Washington Park project did not warrant a traffic signal at Simon and Washington, or it would have been included as a condition of approval in the Specific Plan. The current and anticipated increase in traffic on Washington Street is the direct result of new residential developments in the area, not the proposed Trader Joes. Therefore, there is no relationship (or nexus) between the Trader Joes store and the exaction being made for the traffic signal; and even if there were some relationship, the "degree" of connection is slight compared to the impact that the new residential developments and other businesses in the area have on the traffic on Washington Street. Accordingly, even if a traffic signal is found to be warranted at the intersection of Simon and Washington, the residential housing and other new developers should be the ones to incur the cost, not Trader Joes or this Appellant. Another objection Appellant has to the traffic signal condition is that the language in the condition is vague and ambiguous. Condition 32.A.1)d) states: "The applicant is responsible for 25% of the cost for design and installation of a traffic signal at the Washington Street and Simon Drive intersection if required of Tentative Tract No. 31348 on the west side of Washington Street and when warranted. The applicant shall enter upon an agreement with the developer of Tentative Tract No. 31348, Madison Development, LLC, for their prorated share obligation." Appellant has no connection with or control over Tentative Tract No. 31348, or Madison Development, LLC, or the determination of "if and when" such a signal is warranted. Furthermore, there is no time limit on when this signal might be required. Should Trader Joes or Appellant still be required to pay for a traffic signal at this location and negotiate the terms of an agreement with another developer years from now? There is nothing in the language of this condition to prevent such an outcome. 12 c r? • • GRESHAM, SAVAGE, NOLAN & TILDEN, LLP Marlene L. Allen April 5, 2004 Page 4 B. The Commission cannot impose the condition of deceleration lanes. Although the Commission discussed, and apparently desires, two or three deceleration lanes along Washington Street, the Commission's Staff Report only mentions one deceleration lane as a condition of granting this site development permit. Accordingly, Appellant objects to any condition that is not included in the Staff Report. Further, any other proposed deceleration lanes are not even in close proximity to the Trader Joes store and should not be a condition for this site development permit. As for the deceleration lane at Simon Drive, Appellant objects to the deceleration lane on the ground that there is no indication that there has been a traffic study or environmental analysis regarding that lane. Further, there is no requirement for a deceleration lane in the Specific Plan according to the traffic study done in connection with the Washington Park project. Again, as with the traffic signal, any perceived necessity of a deceleration lane at Simon Drive is not due to the proposed Trader Joes, but rather to an increase in traffic due to the increasing number of residential and other new developments in the area. Accordingly, those developers should bear the cost of any deceleration lanes along Washington Street. Appellant submitted full working drawings months ago consistent with the conditions of the Specific Plan for the plan check without any deceleration lanes. Therefore, since the Specific Plan for our development was approved prior to the establishment of this new policy, Appellant should not be required to comply with "Engineering Bulletin # 03-08." C. The Commission cannot eliminate any proposed access points to the Washington Park project. The Commission apparently found that at least one proposed access point in the Washington Park project was to be eliminated or restricted, although it was unclear which location they were referring to. As long as the access points are consistent with the Specific Plan, Appellant objects to the Planning Commission's attempt to eliminate or restrict any of the proposed access points. In addition, the Specific Plan states in subparagraph "(d) Internal Streets. The locations of the internal streets within Washington Park are approximate and may shift, depending on final site plan. However, the or circulation pattern will be maintained. be (See Specific Plan, p. 20 — attached as Exhibit 2.) Accordingly, any minor changes should he permitted as long as they are consistent with the general circulation pattern approved in t Specific Plan. 13 GRESHAM, SAVAGEr NOLAN & TILDEN, LLP Marlene L. Allen April 5, 2004 Page 5 D. The Commission cannot require that Appellant pay for a new traffic study or Environmental Impact Report. Appellant objects to any requirement that it pay for a new traffic study or Environmental Impact Report. Appellant has already incurred the expense of architectural, engineering, landscape, biological, geotechnical, hydrological, archaeological, traffic, and other environmental consultants in connection with the approval of its Specific Plan. Urban Crossroads conducted the traffic study in connection with the Specific Plan. Any new traffic studies which are warranted as the result of new residential or other developments in the area should not become the burden of the Trader Joes or this Appellant. The Commission should not single out this particular site development permit as the mechanism to impose new conditions when it is obvious that the new conditions are not the result of the proposed Trader Joes. E. Appellant has a vested right to rely on the Specific Plan. Appellant has a "vested right" to rely on the Specific Plan and the approvals and permits obtained thus far on this project. Appellant has already performed a substantial amount of work in reliance thereon and has diligently proceeded with the Washington Park project. Since Appellant has proceeded in good faith reliance upon the approvals already obtained from the City, the Commission should not now "pile on" additional conditions which do not have a significant nexus to the Trader Joes store. As stated in Avco Community Developers, Inc. v. South Coast Regional Commission, 17 Cal.3d 785, 791 (1976), "It has long been the rule in this state and in other jurisdictions that if a property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon a permit issued by the government, he acquires a vested right to complete construction in accordance with the terms of the permit." Since the City of La Quinta has previously approved the Specific Plan and the permits for the work done thus far on the Washington Park project, the Commission should not now make approval of this particular site development permit conditional on a new traffic study, a new traffic signal, new street configurations, or changed access points. Fairness dictates that Appellant be allowed to complete development of this project in accordance with the approvals that it has already obtained. 14 19 0 GRESHAM,. SAVAGE, NOLAN & TILDEN, LLP Marlene L. Allen April 5, 2004 Page 6 F. Conclusion. Appellant respectfully requests that Site Development Permit 2004-800 for the Trader Joes store in the Washington Park project be approved without the imposition of the additional conditions that the Commission imposed at the hearing on March 23, 2004. Very truly yours, Mark A. Ostoich of GRESHAM, SAVAGE, NOLAN & TILDEN, LLP MLA: mcg Enclosures NAW742-000\Ltr.La Quinta.04.appeal cc: Jack Tarr Development c/o Washington 111, Ltd. Marlene L. Allen of GRESHAM, SAVAGE, NOLAN & TILDEN, LLP 15 s �� !T �ncrlGir_ PI Am Washington F Arterial Street: . Washington Street (Major arterial) Adams Street (Secondary arterial) Avenue 47 (Modified secondary) Collector Streets: Simon Drive b. Mid -Block Street Cross Sections Ultimate daily traffic projections were utilized to determinelhe number of through lanes needed on each project site roadway to serve anticipated demands. Based on the City of La Quinta daily design capacities, required mid -block cross -sections were determined. c. Intersection Configurations Intersection configurations for ultimate conditions were determined by the project traffic analysis attached within the traffic study prepared by Urban Crossroads dated August 5, 2002. Intersections were analyzed using the project trip generation and trip distribution methods. Roadway recommendations were made with regard to capacity analysis, traffic flow and roadway alignments, signalization and the midblock cross section requirements. The following is the access points and characteristics for Washington Park. State Highway 111 An additional access point between the existing La Quinta Center Drive and Adams Street will be provided. Right hand turns only will be permitted from this access point for exiting vehicles onto State Highway 111. Washington Street Two access points will be located on Washington Street between Simon Drive and the site's southern boundary. The southem most entrance will allow right-in/right-out traffic only. The northern access point will allow right-in/right-out traffic only. An opening in the median island to permit left turns in and out is requested of the City Council as substantiated by the traffic study confirming the validity for - this median opening at the southern most entrance on Washington Street. 47th Avenue Two driveways are planned on 47th Avenue. These driveways will serve traffic to/from the public and residential developments south of Washington Park. Additionally 47th Avenue is planned to be used by trucks to/from the loading zones. 16 . sJ1 Washington 111, LTD 1 Page 19 SPECIFIC PLAN Washington Park Adams Street One right-in/right-out driveway is planned on Adams Street to serve mainly traffic from the eastern developments and to the southern developments. Adams Street is signalized at the State Highway 111 intersection. Simon Drive One driveway on Simon Drive will serve mainly traffic to and from State Highway 111. Access to and from Washington Park will be limited to right-in/right-out, since no median break exists, on Washington Street at the Simon Drive location. Peak hour traffic volumes for ultimate conditions were determined by utilizing trip generation and trip distribution for key intersections in the project area. The peak hour volumes for ultimate conditions were found to have no significant effect on present conditions to warrant any changes. d. Internal Streets % The locations of the internal streets within Washington Park are approximate and may ship, depending on final site plan. However, the general circulation pattern will be maintained. ,E. Pedestrian Circulation In addition to vehicular circulation, -a pedestrian circulation system will be provided within Washington Park, Exhibit 8. This system will consist of perimeter sidewalks along State Highway 111, Washington Street, Simon Drive, Avenue 47, and Adams Street. In addition, walkways and pedestrian seating areas will be provided between buildings, along storefronts, and adjacent to building entrances. A walkway will be provided adjacent to interior loop streets to provide state and adequate movement between buildings and parking areas. The proposed pedestrian system will link up with the existing walkway system throughout the City. Meandering pedestrian walkways within the landscaped buffer are provided along Highway 111 and Washington Street. These walkways interconnect with site pedestrian circulation at logical points around the site. A primary pedestrian system is proposed which interconnects all buildings on the site. This primary pedestrian system intersects and crosses the vehicular circulation at logical points. Each building is .provided with perimeter circulation that incorporates shade devices, landscaping and awning cover to protect patrons, shade the buildings and assist in wayfinding. Water features are proposed at strategic areas. An area for the possible inclusion of public art has been centrally located adjacent to the Highway t 11 primary drive and a main cross -site pedestrian circulation walk. Shopping cart collection areas per City design standards will be added to parking area islands in convenient locations should tenant demand require it. The intensity of development in the area will justify extension of public transit services. The local transit service will be contacted to determine the need to locate bus turn outs and passenger waiting shelters on this site. The location of bus turnouts and passenger waiting shelters will be determined during the site plan review process. Bus stops along Highway 111 will be per the city of La Quinta standards and will be connected to the site pedestrian circulation system. Highway 111 locations are preliminary subject to Caltrans and Sun Transit approval. Washington 111, LTD Page 20 ..�nwi PLANNING COMMISSION RESOLUTION 2004-025 CONDITIONS OF APPROVAL NO. 32, 35, AND 56 - FINAL SITE DEVELOPMENT PERMIT 2004-800 WASHINGTON PARK 111, LTD. - TRADER JOE'S ADOPTED: MARCH 23, 2004 32. The applicant shall construct the following street improvements: A. OFF -SITE STREETS 1) Washington Street (Augmented Major Arterial; 132' R/W): No additional widening on the east side of the street along all frontage adjacent to the Site Development Permit boundary, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane at the Simon Drive intersection and a deceleration lane at the driveway on Washington Street just south of Simon Drive servicing the proposed project. The east curb face shall be located 58 feet (58') east of the centerline. The length of the deceleration/right turn lane shall be a minimum of 100 feet long plus a variable transition taper of 50 feet with the actual length and taper determined and designed by a licensed traffic engineer when street improvement plan are submitted and approved by the Public Works Department. Other required improvements in the Washington Street right or way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at 1g 303 intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. c) A County of Riverside benchmark in the Washington Street right of way established by a licensed surveyor. d) If demonstrated by the Traffic Study, prepared in, Condition No. 56, the applicant shall be responsible for its fair share (but not to exceed 25 %) of the cost of the cost for design and installation of a traffic signal at the Washington Street and Simon Drive intersection if required of Tentative Tract No. 31348 on the west side of Washington Street and when warranted. The applicant shall enter upon an agreement with the developer of Tentative Tract No. 31348, Madison Development, LLC, for their prorated share obligation. 2) Simon Drive (Non -Conforming Local Street) No additional widening on the east side of the street along all frontage adjacent to the Site Development Permit boundary. Other required improvements in the Simon Drive right of way and/or adjacent landscape setback area include: All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. 35. General access points and turning movements of traffic are limited to the following: 19 A. Washington Street 1) Primary Entry: Right turn in and out movements are permitted. Left turn in and out movements are prohibited. B. Simon Drive Primary Entry (Westerly Access Driveway): Full movements are permitted. 56. Applicant shall pay for and provide to the City a traffic study to determine the nexus, if any, of the requisite signal at Simon Drive and Washington Street; and an analysis of the use pattern of the signal to assist in the determination of need for deceleration lanes on all three access points, on Washington Street, for the commercial development, Washington Park. 20 3' :� 5 A�TACHMENTS� • iLL LUNY Planning Commission Minutes March 23, 2004 r for an easement or roadway through this parcel or could the restricted to provide something at this meeting? Assista I ity Attorney Michael Houston stated they could but beca, here is no discretionary approval at this time for that separ parcel it is academic at this time. Mr. Petroni, applicant's sneer, stated it is possible to extent Street B to the south p rty line to allow a landscape easement. Discussion folio regarding potential alternatives. 21. There being no further discuss' , Chairman Kirk closed the public hearing and opened the m for Commission discussion. 22. It was movedZp3liO9110, ded by Commissioners Quill/Abets to adopt Planningsion Resolution 2004-024, approving Tentative Tract as amended: a. Co ion added: Condition added: Applicant shall make ry effort to acquire the needed right of way in front of he separate parcel in a timely manner and construct the needed curb and gutter. R CALL: AYES: ommissioners Abels, DanWs, Quill, Tyler, and ' S: None. ABSENT: None. ABSTAIN: Chairman Kirk. NOS None. E. S�tevelcPei'snit 2004-800; a `,request of Jack Tarr Development for consideration of a request to allow construction of a 12,000 square foot grocery store located at the southeast corner of Washington Street and Simon Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker. presented ,the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked about the parking requirements. Staff stated it is based on the requirements of the Specific Plan for the entire site which includes shared parking. The parking is being tracked as each new business comes in for their site development permit. 21 G:\WPOoCS\PC Minutes\3-23-04.doc Planning Commission Minutes March 23, 2004 3. Chairman Kirk asked if Simon Drive would continue to allow on - street parking. Senior Engineer Steve Speer stated it is *a policy decision at the discretion of the City Council. It is -a nonconforming local street. It has 64-feet .between curbs. Chairman Kirk stated his concern is that some of those who now park on the street will use the new parking lot. 4. Commissioner Quill asked if the egress and ingress driveway that has aright -in, right -out onto Washington Street southerly of Simon Drive is approved. Staff stated yes. Commissioner Quill asked if the access closest to Avenue 47 would have a deceleration lane. Assistant City Engineer Steve Speer stated they have been conditioned to install a decleration at this entrance and at Simon Drive. He went on to explain the purpose of deceleration lanes.. Commissioner Quill stated his concern is the amount of. traffic generated by these businesses on these access points. Staff. stated a lot of discussion has been taking place by staff -and the Council to coordinate the signals to alleviate any traffic problems. Discussion followed on traffic alternatives. 5. Commissioner Quill asked if the Commission could require the second access be removed. Staff stated one access on Simon Drive was approved under the Specific Plan and it would require an amendment to the Specific Plan to change it. The applicant is now showing two accesses which is a change from the Specific Plan. Assistant City Attorney Michael Houston stated the Municipal Code requires as a finding that circulation and other issues comport to the surrounding area. It would be appropriate to allow conditions to make it better, but removing'it would require a Specific Plan Amendment. The applicant is not able to add the second access without a Specific Plan Amendment. Discussion followed regarding what was approved under the Specific. Plan and the accesses indicated on the Site Development Permit. 6. Commissioner Tyler questioned Condition ##35 where it refers to a primary entry and secondary entry on Simon Drive. Staff stated the easterly access is the secondary entry. Assistant City Engineer Steve clarified why traffic exiting the Center is not allowed to turn left onto Simon Drive. 7. Commissioner Daniels suggested the westerly access onto Simon Drive be eliminated. 22 jj7 G:\WPOOCS\PC MinutesQ-23-04.doc Planning Commission Minutes March 23, 2004 8. Commissioner Quill asked for clarification on whether or not the access just south of Simon Drive on Washington Street could be eliminated without a Specific Plan Amendment. Assistant City Attorney Michael Houston stated in his first reference he was referring to the access off Simon Drive. The access just south of Simon Drive can not be eliminated without a Specific Plan Amendment. Commissioner Quill asked if the Commission could condition into be a right out only. Assistant City Attorney Michael Houston stated he would need to review the circulation plan, but he believes that it could be done. After .reviewing the plan, he determined it could not be made a right -out only because the Specific Plan allows both a right -in and right -out. Commissioner Quill stated if you don't allow a right turn in, you can eliminate rear end collisions. Assistant City Engineer Steve Speer stated the applicant would need to conduct a study to determine a deceleration lane is needed before a deceleration lane is required. 9. Commissioner Daniels asked if Condition #35 would change if the westerly access were eliminated. Staff stated they would not recommend changing the median 'island configuration. 10. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Bill Sanchez, representing Washington Park 111, stated they concur with most of the conditions except 32.A.1.d. They do not believe they should be conditioned to pay for the signal that is being required because of a residential development across the street from their project. 11. Mr. Dan Ruiz, Keith Companies, spoke on the traffic study prepared for their Environmental Assessment prepared for the Specific Plan which stated a traffic signal was not warranted. 12. Commissioner Tyler asked if a signal was identified at any other location fronting Washington Street. Mr. Ruiz stated the existing signal was identified at Avenue 47. The other two entrances including Simon Drive were identified as right in, right out and left in only. This is how the entitlements have been proceeding under the Specific Plan. 13. Ms. Marleen Allen, attorney for the applicant, stated the Specific Plan and mitigation measures identified in the Environmental 23 G:\WPDOCS\PC Minutes\3-23 04.doc . 5 -8 Planning Commission Minutes March 23, 2004 Assessment have been imposed and they are paying impact fees in regard to any traffic issues and it would be unfair to require them to pay 25% of the traffic signal. They are concerned that with the construction of this signal there may be problems with too many signals too close together. 14. Chairman Kirk asked if the City was changing the rules on requiring the signal. Assistant City Attorney Michael Houston stated it is appropriate for new conditions to be placed on a project despite CEQA review in that this is a discretionary approval. There are no vested rights and no certainty that additional conditions cannot be imposed on an applicant, in general, at a later date when a discretionary approval occurs. If a 25% contribution were required, based on previous studies, he would like to see further documentation, such as a traffic study, to determine this. Chairman Kirk stated he is confused as to how conditions can be changed. in regard to access, but conditions cannot be changed in regard to the signal. Assistant City Attorney Michael Houston stated the Specific Plan allows development consistent with an over -arching set of guidelines, but an off -site improvement like this would be acceptable based on findings being made that additional traffic was being implicated by this project. This is not in conflict with the Plan. Assistant City Engineer Steve Speer stated the City believes it has the right to require the 25% as it will benefit the project. The original traffic study did identify certain circulation patterns. If the signal is installed the circulation pattern for this project will change dramatically and it will more than likely be this project that will trigger the signal with the amount of traffic it will generate. 15. Commissioner Daniels asked if the environmental documentation that included the traffic study, were not all these factors included in the traffic. study. Staff stated no, because the City's General Plan prevented Simon Drive from being a full turn intersection. The applicant, Washington Park 111, analyzed their project based on the General Plan requirements at that time. When that City Council adopted the change to the General Plan the premise changed. Commissioner Daniels asked how the 25% figure was determined. Staff stated it is determined by how many corners are owned by the applicant. Ms. Allen stated that when the Specific Plan was adopted, the Environmental Assessment took into consideration this development and the change in the G:\WPDOCStPC Minuses\3-23-04.doc 1 24 J% 11 P� Planning Commission Minutes March 23, 2004 circumstances is due to the housing project and not this project. It does not seem appropriate to charge this project for other things that are happening in the area for a signal that was not indicated as warranted when their Specific Plan was adopted. There must be a nexus between the condition and the project it is being imposed on. Therefore, it would be more appropriate for the housing project to incur the cost. 16. Mr. Michael Coretty, KKE Architects, suggested eliminating the easterly access and having one full turning movement off Simon Drive. 17. Mr. Bill Sanchez stated they would consider one full turning movement off Simon Drive. 18. There being no further questions of the applicant and no other public comment, Chairman Kirk closed the public participation portion of the hearing and opened it for Commission discussion. 19. Commissioner Daniels clarified that the accesses off Washington Street will remain as defined in the Specific Plan. He would recommend closing the westerly access off Simon Drive and the easterly access have the median extended. In regard to the signal, when the traffic study was first completed it did not call for the signal and Simon was a right -in, right out only. With the signal and a full four-way traffic, it now warrants the signal which is a change in circumstances that warrants the signal. The nexus is that once a four way traffic circulation is created it warrants the signal and this justifies the signal. 20. Commissioner Quill agreed and stated *he also agrees the full movement will provide better access for this project. The signal will generate a better access for Trader Joes which is a benefit to the business and should negate the cost of the signal. He would also like to request a deceleration lane on the second access off Washington Street. 21. Chairman Kirk stated he is having a problem with the procedural issues. 25 G:\wPDOCS\PC Minutes\3-23-04.doc 6 0 Planning Commission Minutes March 23, 2004 22. Commissioner Tyler stated that although it was not identified in the 2002 traffic study, discussions have taken place to have a signal at the southerly access to this project. 23. Chairman Kirk asked staff which access point would be best to close. Staff recommended closing the westerly access off Simon Drive and the immediately south access off Washington Street. Staff stated that if the easterly access off Simon Drive is closed, the access into the site is a right -in, right out. Staff would recommend closing the westerly access which eliminates the median and the cut -through traffic. Assistant City Attorney Michael Houston stated the Specific Plan identifies two accesses off of Washington Street, south of Simon Drive as being both right -in, right -out. With.the two entries on Simon Drive would not be allowed as the Specific Plan states only one access way is permitted. The turn signal was not considered by the Specific Plan. There are reasons to require a study which may require an addendum to the environmental. Discussion followed as alternatives available to the Commission. 24. It was moved and seconded by Commissioners Tyler/Quill to adopt Planning Commission Resolution 2004-025 approving Site Development Permit 2004-800, as amended: a. Condition #32.A.1.a. corrected: "...east curb face shall be located at 58 feet..." and a requirement for a deceleration lane for the access directly south of Simon Drive. b. Condition #35: The easterly access point on Simon Drive shall be closed and the westerly access will be a full turn movement. C. Condition added: A traffic .study shall be completed by the applicant to determine the nexus for the signal, as well as an analysis of traffic usage for the signal to determine if deceleration lanes are needed on all three accesses off Washington Street north of Avenue 47 including Simon Drive. 25. Chairman Kirk reopened the public comment. Mr. Sanchez stated they would object to the deceleration lane for the southerly access on Washington Street. 26 G;\WPOOCS\PC Minutes\3-23-04.doc 61 Planning Commission Minutes March 23, 2004 26. Chairman Kirk closed the public comment portion of the hearing. 27. Commissioners discussed what accesses would be conditioned regarding decelerating lanes. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. irman Kirk recessed the meeting at 9:45 and reconvened at 9:52 p.m. F. - a e Use Permit 2004-022; a request of Santa Rosa Plaza, L.L.C.. for con ' eration of development plans for a 3,678 square foot commercial office ' ding located north of Calle Tampico, east of Avenida Bermudas. 1 . Chair Kirk opened the public hearing and asked for the staff , report. cipal Planner Fred Baker presented the information contained i e report a copy of which is on file in the Community Development artment. 2. Chairman Kirk as d if there were any questions of staff. Commissioner Tyler led the requirements on the rear elevation are not warranted. T ommon area should be part of the site plan and not landscape n. The block wall height should be stipulated. 3. Chairman Kirk confirmed that t arcels to the south are part of this Specific Plan. 4. Chairman Kirk asked if the applicant j' ould like to address the Commission. Mr. Jim Jansick, K Companies, gave a description of the site. Chairman Kirk as d the purpose of the large vacant lot. It appears to be a' larg ack yard with no functional access. Mr. Jansick stated it real l ` w as no functional purpose. 5. There being no further questions of the applicant ' d no other public comment, Chairman Kirk closed the public p icipation portion of the hearing. . ha 6. Commissioner Quill stated the elevations appear to be mo in keeping with Highway1 11 designs, rather than the Village. 2'7 G:\wpoocs\Pc Minutes\3-23-04.doc `� � GRESHAM SAVAGE NOLAN & TILDEN "570" PROFESSIONAL CORPORATION LAWYERS - FOUNDED 1910 FOR THE FIRM: Mark A. Ostoich e-mail: Mark.Ostoich@greshamsavage.com HAND DELIVERED City of LaQuinta Office of the City Council 78-495 Calle Tampico La Quinta, California 92253 550 EAST HOSPITALITY LANE, SUITE 300 SAN BERNARDINO, CALIFORNIA 924084205 (909) 8904499 - FACSIMILE (909) 890-9877 www.greshamsavage.com May 18, 2004 Re: Appeal of Approval of Site Development Permit 2004-800 for the Development of a Trader Joe's: Developer: Jack Tarr Development/ Washington 111, Ltd. Dear Council Members: This office represents Jack Tarr Development, the Appellant in the above referenced matter ("Appellant"). On March 23, 2004, the Planning Commission for the City of La Quinta ("City") approved Site Development Permit 2004-800 for the development of a Trader Joe's grocery store. At approximately 12,000 square feet, the Trader Joe's represents a very small portion of the Washington Park Project that was approved through adoption of the Washington Park Specific Plan in December; 2002. The Specific Plan contemplates the development of approximately 508,000 square feet of retail/commercial uses on property located southeast of the intersection of Highway 111 and Washington Street. Despite being only a very small portion of the Washington Park Project, the Planning Commission required Appellant to pay 25% of the cost of installation of a traffic signal at the intersection of Washington Street and Simon Drive, and to construct deceleration/right turn only lanes along Washington Street, as conditions of the Site Development Permit approval. We believe that the conditions imposed by the Planning Commission are unreasonable and are in violation of long standing legal principles. Accordingly, the current appeal should be granted. A. The City Cannot Require Contribution to the Cost of Installing a Traffic Signal as a Condition of the Site Development Permit Approval Condition of Approval 32.A.1(d) requires the Appellant to pay 25% of the cost for the design and installation of a traffic signal at the intersection of Washington Street and Simon Drive. There is no basis for the imposition of such a condition. In December of 2002, the City approved the Washington Park Specific Plan, which contemplated development of approximately 508,000 square feet of retail/commercial uses. At that time, the City studied the potential environmental effects of full development of the Project, including the impacts on area RIVERSIDE OFFICE - 3750 UNIVERSITY AVENUE, SUITE 250, P.O. Box 1240, RIVERSIDE, CA 92502-1240 - (909) 684-2171 - FACSIMILE (909) 684-2150 VICTORVILLE OFFICE - 14350 CIVIC DRIVE, SUITE 120, VICTORVILLE, CA 92392 - (760) 243-2889 - FACSIMILE (760) 243-0467 GRESHAM SAVAGE NOLAN & TILDEN A PROFESSIONAL CORPORATION Mark A. Ostoich City of La Quinta May 18, 2004 Page 2 roadways from traffic generated by the Project. In connection therewith, Urban Crossroads was engaged to prepare a comprehensive traffic impact analysis of development of the Specific Plan area. A copy of the 2002 traffic analysis is included herewith for your reference. The traffic study concluded that there would be no significant traffic impact at the intersection of Washington Street and Simon Drive. Even at full build -out of all 508,000 square feet of commercial uses proposed for the Project, the intersection of Washington "Street and Simon Drive would still operate at acceptable levels of service pursuant to City standards. The City considers an intersection that maintains a level of service (LOS) of D or better during peak hour to be operating at an acceptable level. With the addition of project traffic, the intersection of Washington Street and Simon Drive would operate at LOS C during the AM and PM peak hour traffic conditions. Therefore, the traffic impact analysis did not identify any needed improvements for the intersection of Washington Street and Simon Drive. Development of the 12,000 square foot Trader Joe's was contemplated by the Washington Park Specific Plan and its potential impact was analyzed in connection with the approval of the Specific Plan. The Site Development Permit process simply authorizes development pursuant to the prior Specific Plan approval. Therefore, the development of Trader Joe's could not lead to any additional traffic impacts which were not previously contemplated in connection with approval of the Specific Plan. Because the Trader Joe's development was already contemplated by the Specific Plan and because the Specific Plan approval does not require any improvements at the intersection of Washington Street and Simon Drive, it was unreasonable for the Planning Commission to impose a condition requiring payment of 25% of the cost of design and installation of a traffic signal at that intersection. A review of other recent land use decisions by the City reveals that the potential need for a traffic signal at the intersection of Washington Street and Simon Drive did not arise until the City approved Tract Map 31348, which subdivided approximately 38 acres (located south of Highway 111 and west of Washington Street) into 72 single-family lots ("Madison Development"). Prior to the approval of the Madison Development, the intersection of Simon Drive and Washington Street was a 3-way intersection. Left-hand turns could be made on Simon Drive from southbound Washington Street by way of a left-hand turn pocket. However, left- hand turns from Simon Drive onto southbound Washington Street were prohibited due to the Washington Street median. This was the lane configuration that was analyzed in the Specific Plan Traffic Analysis. Only after approval of the Madison Development did the lane configurations changed to even allow the positioning of a traffic signal. The issue of the traffic signal arose only because of the Madison Development and not because of any development that would be occurring within the previously approved Specific Plan area. Therefore, it is unreasonable to require recipients of subsequent approvals which are consistent with the Specific Plan, to remedy the potential impact to roads due to the approval of a completely unrelated project. GRESHAM SAVAGE NOLAN & TILDEN A PROFESSIONAL CORPORATION Mark A. Ostoich City of La Quinta May 18, 2004 Page 3 The Planning Commission cannot arbitrarily require improvements to be implemented as a condition of approval, unless the condition is reasonable and there exists a sufficient nexus between the condition imposed and the projected burden of the proposed development. (Ayres V. City Council, 1949: 34 CA 2nd 31,42). The United States Supreme Court has confirmed the necessity of a sufficient nexis. (Nollan v. California Coastal Commission, 1987: 483 US 825: Dolan v. City of Tigard, 1994: 512 US 374). A condition of approval requiring infrastructure improvements is only valid if (1) there is a relationship between the proposed development and the governmental exaction and (2) there is a proportionate "degree" of connection between the exaction imposed by the City and the projected impact of the proposed development. As stated above, the need for the signal arose only because of the approval of a completely unrelated housing development on the west side of Washington Street. There is no "nexus" between the approval of the Trader Joe's Site Development Permit and the impacts leading to the need for the traffic signal. Even assuming for purposes of discussion that the Planning Commission could properly condition the Project by requiring payment of part of the cost of installation of the traffic signal, the City may only require Appellant to pay the amount of the cost which is proportional to the projected impact of the Project. As reflected in the traffic impact analysis prepared for the Specific Plan, there were 40,500 average daily trips (ADT) utilizing the intersection of Washington Street and Simon Drive prior to the development of the Specific Plan area. The traffic impact analysis projected that full build out of the Project would result in an additional 2,900 ADT through the intersection of Washington Street and Simon Drive. Accordingly, traffic generated by the development of the entire 508,000 square feet of the Project would represent approximately 6.68% of the traffic utilizing the Washington Street and Simon Drive intersection. The approval granted to Appellant only permitted the development of the Trader Joe's Grocery Store, which represents 12,000 square feet of the Project (or approximately 2% of the contemplated square footage to be developed in the Project.). As such, the actual impact from the Trader Joe's is much less than that of the Project as a whole. In fact, based upon the analysis in the previous traffic study, traffic generated by the development of the Trader Joe's would account for only .159% of all traffic utilizing the intersection of Washington Street and Simon Drive. Accordingly, even assuming for purposes of discussion that the Project should be responsible for some portion of the cost of the traffic signal, the percentage of responsibility imposed by the Planning Commission is clearly disproportionate to the actual projected impacts arising. Therefore, condition 32.A.1(d) is invalid. B. The City Cannot Require Construction of Right Turn Only/Deceleration Lanes As another condition on Appellant's approvals, the City is requiring construction of deceleration lanes at an entrance to the Project site off Washington Street. Appellant objects to the imposition of this requirement on the ground that there is nothing to indicate the need for a GRESHAM SAVAGE NOLAN & TILDEN A PROFESSIONAL CORPORATION Mark A. Ostoich City of La Quinta May 18, 2004 Page 4 deceleration lane and because the condition unfairly alters the approvals previously received by Appellant, which Appellant has relied upon to its detriment. As in the case of the traffic signal, the Specific Plan did not require the construction of right turn only/deceleration lanes. The City imposed this condition on the Site Development Permit approval only after the issuance of Engineering Bulletin #03-08 in December 2003, an entire year after approval of the Specific Plan. The 2002 traffic impact analysis did not identify a need for the additional lane on Washington Street and the City has not conducted any additional analysis showing the need for the lanes. Appellant has relied upon the Specific Plan approvals in developing a plan for development of the project, including development of a budget and cost analysis. By imposing additional conditions by way of the Site Development Permit process, the City has essentially "changed the rules", to Appellant's detriment. With approval of the Specific Plan, Appellant should have obtained a modicum of certainty about future development requirements. We believe Appellant has obtained a vested right to develop the Project in accordance with the Specific Plan. Appellant has already performed a substantial amount of work in reliance thereon and has diligently proceeded with the Project. Since Appellant has proceeded in good faith reliance upon the approvals already obtained from the City, the Commission cannot now impose additional conditions. As stated in Avco Community Developers, Inc. v. South Coast Regional Commission, 17 Cal.3d 785, 791 (1976), "It has long been the rule in this state and in other jurisdictions that if a property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon a permit issued by the government, he acquires a vested right to complete construction in accordance with the terms of the permit." Since the City has previously approved the Specific Plan and the permits for the work done thus far on the Project, the Commission should not now make approval of this particular Site Development Permit conditional on a new traffic study, a new traffic signal or new street configurations. Fairness dictates that Appellant be allowed to complete development of the Project in accordance with the approvals Appellant has already obtained: Based on the foregoing, Appellant respectfully requests that the City Council rescind the Planning Commission's imposition of the improper conditions. Very truly yours, Mark A. Ostoich, of GRESHAM SAVAGE NOLAN & TILDEN, a Professional Corporation MAO/DCC Enclosure NAW742\000\Ltr\City Council-01 ce4l4t 4 14PQ�rw COUNCIL/RDA MEETING DATE: May 18, 2003 ITEM TITLE: Public Hearing to Consider a Resolution Adopting the Fiscal Year 2004/2005 Through 2008/2009 Capital Improvement Program and Making Certain Findings Pursuant to Health and Safety Code Section 33445(a) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Conduct a public hearing and adopt a Resolution approving the Fiscal Year 2004/2005 through 2008/2009 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a). FISCAL IMPLICATIONS: Adoption of the Resolution will approve the projects identified in the Fiscal Year 2004/2005 through 2008/2009 CIP and make the necessary findings pursuant to the Health and Safety Code for use of Redevelopment Agency (RDA) Project Area No. 1 funds. Allocation of funds for these projects will not be approved until the City Council approves the Fiscal Year 2004/2005 annual operating budget. The first year of the five-year forecast, or capital budget, will be included in the City's annual operating budget. When the City Council approves the annual operating budget for Fiscal Year 2004/2005, it will also authorize the expenditure of $10,458,076 for Fiscal Year 2004/2005 capital project expenditures. The CIP was developed in a conservative manner. Projections were assumed using conservative estimates consistent with operating revenues. The projects for the next five years are based on considered need, and funding the City has available at this time with conservative projections of Development Impact Fees (DIF) anticipated being collected (300 units per year). CHARTER CITY IMPLICATIONS: Because RDA funding will be used on these improvement projects, the projects will be bid with a requirement that the contractors pay prevailing wage. %63 S:\CityMgr\STAFF REPORTS ONLY\PH 1 CIP.doc BACKGROUND AND OVERVIEW: On April 12, 2004, staff presented the CIP and five-year forecast to City Council for review during a Study Session. The document is a statement of the City's goals, objectives, and priorities for a five-year CIP and the financial commitments required to accomplish those objectives. The preparation of this document has been a join+ effort of the City Manager's Office, Public Works Department, Finance Department, Building and Safety Department, Community Services Department, Community Development Department, and the City Clerk's Office. The purpose of the CIP is to provide the City with a long-range program for major municipal capital construction projects based on the systematic development of an advanced financial plan. The CIP is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a way that maximizes the return to the public. As each annual budget is prepared, additional projects and priority needs are developed and added to the program to maintain a complete five-year plan. The Capital Budged is the amount allocated from the CIP for first -year projects based on the City's present fund balances. The capital budget is incorporated into the annual City "operating" budget, which appropriates funds for specific facilities, equipment, and improvements. Projects.slated for subsequent years in the program are approved on a planning basis only and do not receive ultimate expenditure authority until they are actually incorporated into the capital budget. The 2003/2004, CIP identified $23,005,585 in capital improvement projects. All 2003/2004 projects are either completed, are currently in the design or construction stage, or will have contracts awarded by the end of the fiscal year. The CIP document includes a "Capital Improvement Program Fiscal Year 2003/2004 Project Status Report," which lists one 1996/1997 project carried -over, one 1997/1998 project completed, three 1998/1999 projects completed, one 1999/2000 project completed, two 2000/2001 projects underway, four 2000/2001 projects completed, two 2001 /2002 projects completed, three 2001 /2002 projects underway, five 2002/2003 projects completed, eight 2002/2003 projects underway, and seven 2003/2004 projects underway. Also included is a "Carryover Project Summary" which provides the life -to -date expenditures for all approved active CIP projects. In response to the City Council's comments during the April 15, 2003 Study Session, the construction phase of Project No. 2002-03, Eisenhower Drive Bridge and Drainage Improvements was moved from the list of unfunded "Additional Projects" and identified for funding within Fiscal Year 2004/05. The construction phase of this S:\CityMgr\STAFF REPORTS ONLY\PH 1 CIP.doc project is estimated to cost $2,691,000. Project funding will be obtained from unassigned RDA Project Area No. 1 funds. The construction phase of the Museum Expansion will continue to be delayed to a future year due to revenue shifts from the RDA Education Relief Augmentation Fund (ERAF) to the State. The amount transferred in Fiscal Year 2002/03 was $723,518 and the amount transferred during Fiscal Year 2003/04 was $1,467,995, for a two year combined total of $2,191,513. As directed by the City Council, the design phase of the Museum Expansion will be re -initiated and should be complete by the end of Fiscal Year 2004/2005. Overall, the City is proposing approximately $1 1,591,892 in projects during the next five years. The remaining projects represent unfunded "Additional Projects" totaling $60,374,086. The funding of the "Additional Projects" listed will require future City Council consideration to ensure revenue availability. This CIP is developed using fiscally conservative methodology as directed by the City Council. Prior to proceeding with any project, City Staff will present the project to the City Council for authorization. Health and Safety Code Section 33445(a) requires the City Council to make certain findings regarding the use of RDA funding for capital improvement and to consent to the use of the funding. The attached resolution contains the required findings, which are supported by the information in this report and by the staff presentation which will be made during the hearing. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Conduct a public hearing and adopt a Resolution approving the Fiscal Year 2004/2005 through 2008/2009 Capital Improvement Program and making certain findings pursuant to Health and Safety Code Section 33445(a); or 2. Conduct a public hearing and modify the Fiscal Year 2004/2005 through 2008/2009 Capital Improvement Program and direct staff to make necessary revisions, and adopt a Resolution approving the Fiscal Year 2004/2005 through 2008/2009 Capital Improvement Program at a future. City Council meeting; or 3. Provide staff with alternative direction. S:\CityMgr\STAFF REPORTS ONLY\PH 1 CIP.doc 3 �St3J Respectfully submitted, imothy R(J nas o , P.E. ublic Wo Dire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager S:\CityMgr\STAFF REPORTS ONLY\PH 1 CIP.doc 4 J ) 6 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE FISCAL YEAR 2004/2005 THROUGH 2008/2009 CAPITAL IMPROVEMENT PLAN AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) AND CONSENTING TO THE EXPENDITURE OF FUNDS FOR THE IMPROVEMENTS WHEREAS, pursuant to Government Code Section 66002, the City of La Quinta (the "City") is required to review and adopt a Capital Improvement Plan (the "Plan"); and WHEREAS, the City is required to conduct a noticed public hearing for consideration of adoption of the Plan; and WHEREAS, notice of the public hearing has been given pursuant to Government Code Section 65090; and WHEREAS, the Plan is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes the return to the public; and WHEREAS, the Plan is a statement of the City's goals, objectives and priorities for a five-year Plan and the financial commitments required to accomplish those objectives; and WHEREAS, the Fiscal Year 2004/2005 through 2008/2009 Plan proposes approximately $1 1,591,892 in improvement projects and $60,374,086 of unfunded additional improvement projects over the five-year period, commencing on July 1, 2004 and ending June 30, 2009; and WHEREAS, the amount allocated from the Plan for first -year projects, called the capital budget, proposes $10,458,076 in improvements, as shown in Exhibit 1, heretofore made a part of this Resolution; and WHEREAS, there is inadequate funding within the City's General Fend or from other sources to completely and fully fund the improvements identified within the capital budget; and WHEREAS, the completion of the improvements identified within the capital budget will help to obtain the goals and objectives of La Quinta Redevelopment Project Area No. 1 ("Project Area") as well as to afford an opportunity to eliminate conditions of blight in the Project Area; and �► 5 . , t-� Resolution No. 2004- Capital Improvement Plan Adopted: May 18, 2004 Page 2 WHEREAS, it would be in the best interest of the public to completely fund all improvements identified within the capital budget. NOW THEREFORE, BE IT RESOLVED, by the La Quinta City Council: SECTION 1. The above recitations are true and correct and are adopted as the findings of the City Council. SECTION 2. The City Council does hereby adopt the Fiscal Year 2004/2005 through 2008/2009 Capital Improvement Plan, and approve the capital budget, as shown in Exhibit 1, heretofore made a part of this Resolution. SECTION 2. The City Council hereby consents to Agency funding to be utilized to fund certain improvements within the Fiscal Year 2004/2005 Capital Budget. SECTION 3. Pursuant to Health and Safety Code Section 33445(a), the City Council finds and determines that: A. The proposed improvements identified within the Fiscal Year 2004/2005 Capital Budget are of benefit to the Redevelopment Agency Project Area No. 1 and to the immediate neighborhoods in which the improvements will be located. B. No other reasonable means of financing the improvements are available to the community. C. The proposed improvements identified within the Fiscal Year 2004/2005 Capital Budget will assist in the elimination of one or more blighting conditions inside the Project Area and are consistent with the La Quinta Redevelopment Agency's implementation plan adopted pursuant to Section 33490. BE IT FURTHER RESOLVED, the City Council for the City of La Quinta authorizes the inclusion' of said capital budget into the Fiscal Year 2004/2005 operating budget, which appropriates funds for specific facilities, equipment and improvements. 6 , Resolution No. 2004- Capital Improvement Plan Adopted: May 18, 2004 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 18th day of May 2004, by the following vote to wit: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None 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 3P, 3 O H t .r O ♦.r LL V G ci C O o a d! C C0 F— H W J 0 Q � Q. z I- e-mWev V mgWo _ > N d uiolz � N V J L}U per,, Q Q U ci N M 05�001,-O0000w $,Q$q'tT-000� o oCd 17 d C6 Lci Ld c;L c�" V- M M M M 1- 1- M 1` e- CC) i*- I,-- T- T- � T- we N N cv O p� p0LO0 N O � It Go ss 0 00 N LL O C) o~0 � O o o CV � CMOw O°0i 0 .- CD IE c 2 y c O U 0 0 aco E I E 1,0 0`c N CC` v co 0 E LO a� is c o y Cc i p Q a c a 0 7E O C -O5 C i M i cL Cc a C �coc, cn u cn a a z >c0c �c O O c N N C^ 5 n 0 n i0