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2004 11 16 CCe4 4 4496& 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, November 16, 2004 - 2:00 P.M. Beginning Resolution No. 2004-129 Ordinance No. 410 CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, Perkins, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: Time permitting, the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when the Agency is considering acquisition of real property. 1. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF 16.03 ACRES LOCATED NEAR THE SOUTHWEST CORNER OF HIGHWAY 111 AND JEFFERSON STREET (APNs: 649-030-086, -087, AND -088). PROPERTY OWNER/NEGOTIATOR: MIKE DOBROTA. City Council Agenda 1 November 16, 2004 1 RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS - NONE WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF NOVEMBER 2, 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 NOVEMBER 16, 2004. 2. TRANSMITTAL OF TREASURER'S REPORT DATED SEPTEMBER 30, 2004. 3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT DATED SEPTEMBER 30, 2004. 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SERVICES DIRECTOR, RECREATION SUPERVISOR, AND ONE COMMUNITY SERVICES COMMISSIONER TO ATTEND THE CALIFORNIA PARKS AND RECREATION SOCIETY CONFERENCE IN SACRAMENTO, CALIFORNIA MARCH 10-12, 2005. City Council Agenda 2 November 16, 2004 5. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) FOR DESIGN/BUILD SERVICES FOR THE CHILDCARE FACILITY PLAYGROUND IMPROVEMENTS PROJECT NO. 2004-08. 6. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 31253, QUARRY RANCH, LLC. 7. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31348, THE ESTATES AT POINT HAPPY, PH RANCH, LLC. 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR TRACT MAP 32117, QUARRY RANCH, LLC. 9. APPROVAL OF THE ENVIRONMENTAL DOCUMENT, PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND AUTHORIZATION TO ADVERTISE FOR BIDS, THE EISENHOWER DRIVE BRIDGE AND DRAINAGE IMPROVEMENTS, PROJECT NO. 2001-06. 10. APPROVAL OF THE ENVIRONMENTAL DOCUMENT, PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND AUTHORIZATION TO ADVERTISE FOR BIDS, THE LA QUINTA DOWNTOWN LIGHTING PROGRAM AND AVENIDA BERMUDAS SIDEWALK IMPROVEMENTS, PROJECT NO. 2003-07A. 11. APPROVAL OF APPROPRIATION OF FUNDING AND AWARD OF CONTRACT TO CONSTRUCT THE HIGHWAY 111 WIDENING AND SIGNAL MODIFICATION, PROJECT NO. 2001-07. 12. ADOPTION OF 'A RESOLUTION ACCEPTING A CASH DONATION FROM BERRYMAN & HENIGAR FOR THE EMPLOYEE RECOGNITION BANQUET. 13. ADOPTION OF A RESOLUTION ACCEPTING A CASH DONATION FROM ROSENOW SPEVACEK GROUP, INC. FOR THE EMPLOYEE RECOGNITION BANQUET. 14. ADOPTION OF A RESOLUTION ACCEPTING A CASH DONATION FROM RUTAN AND TUCKER FOR THE EMPLOYEE RECOGNITION BANQUET. 15. ADOPTION OF A RESOLUTION ACCEPTING A CASH DONATION FROM NAI CONSULTING, INC. FOR THE EMPLOYEE RECOGNITION BANQUET. BUSINESS SESSION 1. CONSIDERATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDING JUNE 30, 2004. A. MINUTE ORDER ACTION City Council Agenda 3 November 16, 2004 2. CONSIDERATION OF ADOPTION OF A RESOLUTION ESTABLISHING GOLF COURSE RATES AND POLICIES FOR THE ARNOLD PALMER CLASSIC COURSE AT SilverRock RESORT. A. RESOLUTION ACTION 3. CONSIDERATION OF ADOPTION OF A RESOLUTION OF THE CITY COUNCIL MAKING CERTAIN FINDINGS PURSUANT TO HEALTH & SAFETY CODE SECTION 33445. A. RESOLUTION ACTION 4. CONSIDERATION OF A PLANNING COMMISSION VACANCY. A. MINUTE ORDER ACTION 5. CONSIDERATION OF AN OPERATION AND MAINTENANCE AGREEMENT OF FRITZ BURNS PARK POOL WITH THE FAMILY YMCA OF THE DESERT. A. MINUTE ORDER ACTION 6. CONSIDERATION OF FUNDING FOR THE PALMS SPRINGS INTERNATIONAL FILM FESTIVAL. A. MINUTE ORDER ACTION STUDY SESSION 1. DISCUSSION REGARDING LA QUINTA CITY HALL EXPANSION. REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (ADOLPH) 5. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 6. C.V. MOUNTAINS CONSERVANCY (SNIFF) 7. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 8. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) City Council Agenda 4 November 16, 2004 9. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 10. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 11. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 14. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 15. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 16. HISTORIC PRESERVATION COMMISSION MINUTES FOR SEPTEMBER 12, 2004 17. PLANNING COMMISSION MINUTES FOR OCTOBER 12 AND 26, 2004 18. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE MINUTES OF OCTOBER 6, 2004 19. COMMUNITY SERVICES COMMISSION MINUTES OF OCTOBER 11, 2004 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 REPORT FOR OCTOBER, 2004 5. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT FOR OCTOBER, 2004 6. COMMUNITY SERVICES DIRECTOR'S REPORT FOR OCTOBER, 2004 7. FINANCE DIRECTOR'S REPORT - NONE 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT FOR OCTOBER, 2004 9. POLICE CHIEF'S REPORT FOR OCTOBER, 2004 10. FIRE CHIEF'S QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING INCREASE TO SPHERE OF INFLUENCE TO THE EAST. (MAYOR PRO TEM SNIFF) RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. City Council Agenda 5 November 16, 2004 J C' 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" -form and limit your comments to three (3) minutes. Please watch the time clock on the speakers podium. PRESENTATIONS 1. BOYS AND GIRLS CLUB STUDENT ART WALL PRESENTATIONS. PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta City Council before a public hearing may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. CONTINUED PUBLIC HEARING TO ADOPT RESOLUTIONS OF THE CITY COUNCIL TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2004-513; SPECIFIC PLAN 2004- 072 TO ESTABLISH DESIGN AND DEVELOPMENT PRINCIPLES; AND TENTATIVE TRACT MAP 32398 FOR THE SUBDIVISION OF t 110.9 ACRES INTO 392 SINGLE FAMILY LOTS, A 10-ACRE COMMERCIAL LOT AND MISCELLANEOUS LOTS, FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF MONROE STREET AND AVENUE 60. APPLICANT: ROBERT SCHUMACHER. A. RESOLUTION ACTION (S) 2. PUBLIC HEARING TO CONSIDER A PETITION FOR FINAL CANCELLATION OF A WILLIAMSON ACT CONTRACT AND EXECUTION AND RECORDATION OF A CERTIFICATE OF CANCELLATION FOR f 195 ACRES LOCATED ON THE NORTHWEST CORNER OF AVENUE 60 AND MONROE STREET (APNs: 761-200- 005, 761-210-004, AND 761-210-005). APPLICANT: CORAL OPTION I, LLC. A. MINUTE ORDER ACTION City Council Agenda 6 November 16, 2004 6 3. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING TENTATIVE TRACT MAP 30185 (1st TIME EXTENSION), THE SUBDIVISION OF APPROXIMATELY 3.62 ACRES INTO SEVEN SINGLE FAMILY LOTS, ONE OPEN SPACE LOT, AND A WELL SITE ON THE SOUTHWEST CORNER OF CABRILLO WAY AND MISSION DRIVE WEST WITHIN RANCHO LA QUINTA. APPLICANT: T.D. DESERT DEVELOPMENT. A. RESOLUTION ACTION 4. PUBLIC HEARING TO CONSIDER ADOPTION OF AN AMENDED RESOLUTION DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PROPERTY LOCATED ALONG JEFFERSON STREET, LA QUINTA, CALIFORNIA (APN: 649-071-010), FOR JEFFERSON STREET IMPROVEMENTS PHASE II (HIGHWAY 1 1 1 TO INDIO BOULEVARD), PROJECT NO. 2000-19. A. RESOLUTION ACTION 5. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO APPROVE AN AGREEMENT TO SELL REAL PROPERTY LOCATED AT 52-195 AVENIDA MENDOZA BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND MARGARITA SANCHEZ. A. MINUTE ORDER ACTION 6. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO APPROVE AN AGREEMENT TO SELL REAL PROPERTY LOCATED AT 52-965 AVENIDA CARRANZA BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND ANABEL SANCHEZ. A. MINUTE ORDER ACTION 7. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO APPROVE AN AGREEMENT TO SELL REAL PROPERTY LOCATED AT 51-805 AVENIDA CORTEZ BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND ROBERT AND DELILAH GAETA. A. MINUTE ORDER ACTION ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on December 7, 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 9 Council Agenda 7 November 16, 2004 f 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, November 16, 2004, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on Friday, November 12, 2004. DATED: November 12, 2004 JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is.to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It' is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. City Council Agenda 8 November 16, 2004 0� ' Q • U �4 TwOn 4 wow AGENDA CATEGORY: of9 COUNCIL/RDA MEETING DATE: NOVEMBER 16, 2004 ITEM TITLE: Demand Register Dated November 16, 2004 BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated November 16, 2004 BACKGROUND: Prepaid Warrants: 60849 - 608871 54,423.66 60888) 695.50 60889 - 609271 185,396.72 60928 - 60632) 22,135.92 VOIDS) (42,450.00) Wire Transfers) 378,135.56 P/R 32383 - 324051 135,118.37 P/R Tax Transfers) 35,993.94 Payable Warrants: 60933 - 610641 2,370,018.11 $3,139,467.78 FISCAL IMPLICATIONS: Demand of Cash - City $2,736,733.88 Demand of Cash - RDA $4027733.90 . Falconer, Finance Director 9 CITY OF LA QUINTA BANK TRANSACTIONS 10/27/04 - 11/10/04 10 /27/04 WIRE TRANSFER - BUILDING HORIZONS $75,000.00 11 /01/04 WIRE TRANSFER - VISTA DUNES $36,647.00 11 /01/04 WIRE TRANSFER - RDA ESCROW $65,000.00 11 /02/04 WIRE TRANSFER - VISTA DUNES $22,000.00 11 /02/04 WIRE TRANSFER - VISTA DUNES $24,000.00 11 /04/04 WIRE TRANSFER - LANDMARK GOLF $84,687.10 11 /05/04 WIRE TRANSFER - ICMA $7,314.11 11 /05/04 WIRE TRANSFER - PERS $13,783.95 11 105/04 WIRE TRANSFER - PERS HEALTH INSURANCE $49,703.40 TOTAL WIRE TRANSFERS OUT $378,135.56 2 10 rinN 1 1 O It 1 I In M O N 1` -4 00 N 0 \ I Y J I G N N O in O. to O NO tn N i Q 1 W 0 1 W 1- 1 0 In N N M 1t r 00 f` O I S 0 M N r O% to 00 W N aC 1 u 1- I 0 00 r N %O 0 W I 1 > % < m 1 1 to r r 0% tL Z 1 � � 1 t O Z I 1 ago- -W ix 1 a- 0 i a_ 1 O W 1 I-- Z I ►� I O < 1 -K 4c 4c ac 4c -Pc 4c 4c -Ic 4c I- I O H 1 O I <a: 1 0000 IpOtn MM 00 cm cm 1-01- -tit 0000 cm cm 00000000000000 M*OMNO O 1 \I 0000 1`InN NN 00 MM 00l0% Ir►If► 00 so'O OtnIn00u1IA0a0a0W%in InNtnIl- u I utn 1 0000 001�IAtn NN NN rNM 44 rr 0000 ONNInON1�000001�1` 1�001� E 1 W H 1 aCW 1 1 Z 1 1 v 1 1 1 1 1 I 1 O O O ON Ol O M In U% In 00 f- M I I rrr �t�t M Nt r NN N M MMMM I 1 1 1 1 I I 1 1 1 I I i 1 I 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I IANIn rnrn r rn N rr M M M MMMMMMMMMtn MMM aC 1 1 �t�t�t MM M MMMM W 1 1 m 1 H I rrr N N r r r IA W; to r r rrrrrrrrrrrrr rrr r S I Z I MIA In e-r M IA N rr r r IA MMMMMMMMMMMMM NNNN 1 1 IAlntn tnIn IA Z 1 O I I I I 1 1 I 1 1 1 1 1 1 I 1 1 I I i l l l l l l l l 1 1 1 1 1 V I I�f-fl- 00 r N N NN N O N NNNNNNNNNNNNN Y 1 u I MMM 00 O O 0 00 0 O 0 0000000000000 In LAlnin Z I <1 tititi 00 O O 0 00 0 O 0 0000000000000 0000 < 1 I rrr 0 0 M in M %t O M f- ll- l` U% to to to m I I 1 1 1 NI I I 1 1 I i 1 1 i 11 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 I I rrr N r r r r r r r r rrrrrrrrrrrrr rrr r O O O O O O O O 0 0 O O O O O O O O O O O O O O O O O O O O m I I -.t�t-t IA IA r r e- rr r to r rrrrrrrrrrrrr rrrr 1 W I 1 H 1 1 to ►� 1 1 ut a= 1 1 000 00 O O O co O O O 0000000000000 0000 1 1 000 00 O O 0' 00 0 O O 0000000000000 0000 Y 1 I N N N N N N N N N N N N N N N N N N N N N N N N N N Al N N Al W 1 1- I In IA In 00 O O 0 00 O O 0 0000000000000 0000 S 1 1 00 1 < I •Z 1 a_ 1 Vl 1 Z I aC 1 1.01-N in %0 %0 ti ti 0004 00 O O% rNM%tW%WON0rNM �tto%01` I W 1 *0%0r %t--t (m -t N cm cm %t in 4 -t4�t�t 0 1 S O I C0 00 * ti fl- O% 1- ON OI. 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A. 1 > 1 0V- OW 0� 0v 0ac 000 000 Or 0Z ON 00 OI-_I-IA tu T44t 4 4v QUMA COUNCIURDA MEETING DATE: November 16, 2004 ITEM TITLE: Transmittal of Treasurer's Report dated September 30, 2004 RECOMMENDATION: Receive and File. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: a. STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated September 30, 2004 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Respectfully submitted, ohn M. Falcorier, Finance Director 5 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Treasurer's Report, City of La Quinta J� ATTACHMENT 1 <&4� �Q&0rw MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for September 30, 2004 DATE: October 29, 2004 Attached is the Treasurer's Report for the month ending September 30, 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 (3) $ 8,386,876 $ (4,502,695) (1) $3,884,181 ($4,502,695) LAW 9,803,263 3,500,000 (4,000,000) 9,303,263 (500,000) US Treasuries (2) 132,507,373 12,000,000 (22,000,000) 15,215 122,522,588 (9,984,785) US Gov't Agencies (2) 27,379,840 - (15,927) 27,363,9133 (15,9277) Commercial Paper (2) - Corporate Notes - 0 0 Mutual Funds 4,577.404 3,348,093 1 7,925,497 3,348,093 Total $ 182,654,756 $ 14,345,398 $ 26,000,000 $ 712 $ 170,999,442 $ 11,655,314 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. ►►�,IZbo�.�. John M. Falconer Date Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. 3 J7 E E E E Z Z Z Z Z Z E n L a LL 0 W 0W i LL LL N fq $ > O O C6 rp » yy t N N O N 8j N N t0 m Cp 2a. b N � �$ E >,N O E E E E aR8 O 8 O 8 @y O > H � O HHHH v v al Li e 8 N z 99§28 8 $ LO Q lQ CV IdtV O pq 88 pQ8 88QQCO Q8�O Ii ^ Cn I. 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C c0m m m m N m C>> N C m E O cyv O 3 c�ILE "-c E cNa cyv p cmm'UW U-c o E0cc0w m E p !L +O• m E m � s 0 m O N vyi m C czU»�g �F°— �zv»>gg :3 0 �aa�� 61 I 2 k . � LE � § � 2 INUl 0@kf koIN kK&� �� k CC W) k k at Ln GG� �■G�R8� a, r-Nco 0N w m® 2 e g �B — ~ ■ 0-�N o z _ _ _ _ jinn_ f Sq$M cm f $ ca R a . _ o--® M•.�� R NCO co©�$F $ nE2 §&Rkk q§ $—�_$ ��§IN0. �o _ ® wnn000� �mr7. «/ $M r.-� �� 2§§q $o 2 kNwN co In � 0LO toIR/ K q� § m~ — 2 , _ ■ I $ k - ' 22 _ � ■ r 5s�3 2 3 k o`c 06 z § $ ® �_§ _ _ $ jJ)a co `'§ e U. k U. E$, won c 2 ��» .o■ i. �_ �2 �0 ° 3�3 ` ALL 'D.2�a a �B »f�� § ■- _Aa ® .6 ; ��o as ■ �a ee � e e� _ca§ate.§2i�� e �� ka� ©¥¥� u a3 ■_f@»— ' §a > ■ g�t� �'e� o ■ %§ Co 0 A3$ §$0Jto m122w��§2© 2 Qom mac u eom��a0�e City of La Deelna Rownd iaeon of Actual and Suepkn Funds City. Redevelop ient Agency and Financing Audwft Sepsornber 30.2004 Balance ofAcWal Funds 170.999.442 Less Patty cash Funds (11000) Less NcrK%mkrs Funds (325,031) Lass Uses* from tAIFrsL Accounts P Bslwm of Surplus Fulls $17003,411 City Cash i invesunents Bank Accounts Name - Availability Type Book We% Fvp - DimetW No Ct"w" $ 3,825,031 Petty Cash - Demand falls F It - De n w d No Yp WA Cheekbna 1.000 56,150 Total - Bank Accounts $3,884,181 U. S. Treasury Atrorbod Custodian - Availability lssuerfrype Valve Banc of New York • Demand Yes U.S. Treasury NOW 4,983,792 Banc of New York - Demand Yes U.S. Treasury Note 4.964,454 Bank of New York - Damend Yes U.S. Treasury Note 5,007,357 Bank of New Yak - Demand Yes U.S. Treasury Nato 3,983,821 Banc of New Yak - Denwcd Yes U.S. Treasury Nod 5,012.046 Banc of New York - Dernand Yes U.S. Treasury Note 4,985,630 Bent of New Yak - Demand Yes U.S. Treasury Note 3,986,244 Bank of Now York - Demand Yes U.S. Tressury Note 5 002 928 Total - U.S. Treasury37,906172 U.S. Government Satxriles Custodian -Av Issuar/TwIle Amortized Value Bank of New York - Dammd Yes FARM CREDIT 5,043,613 Banc of New York - Damernd Yes FHLB 2,009,832 Bank of New Yak - Demand Yes FHLB 2,016,557 Bank of Now Yak - Dainand Yes FHLB 2,371,532 Bank of Now Yak - Demand Yes FHLB 1,011 AU Banc of New York - Demand Yes FNMA -)leant 4.90,135 Bank of Now Yak - Demand Yes FraddleMsc 7,514,004 Bank d Now York - Donand d Yes FreddieMw - Discount 2 41 508 ToW • U.S. Goverment Securities27,383 913 Local Agency Ines"" Fund Name•Availability Surolum T LAIF - Cry - Demand Yes State Pool ig LAIF • RDA - Demand Yes Stets Pool Total -.Stall Pod Total CUy Mvestments Total City Cash A Investmernte Fiscal Agent Mvutma t Surplus Yes Adi Surplus Yes _ ,So A500,000 $3,500,000 as ,So 56.150 SLM,000 $3,59,150 Surplus Surplus Yes Yes 4,983,792 4,983,792 4,964,454 4,964,454 5,007,357 5,007,357 3,91M821 3,983,821 5,012,046 5,012,046 4,985,530 4,985,530 3,956,244 3,966,244 5,002,928 5.002.9281 37 905,172 1 37,906,172 Surplus Yes Adj Surplus Yes 5043,513 5,043.513 2,009,832 2,009,832 2,016.567 2,016,557 2,371,532 2,371,532 1,011,834 1.011,834 4,963,135 4,983,135 7,514.004 7,514,004 2.4115M 2,413 506 Surplus Surplus No Ad No S3,825,031 1(3,500,000) $ 325.031 1.000 1.000 $ 3,826,031 3 500.000 S 326,031 AN Funds Surplus Actual % Yes 2.2715% 2.0111M AN Furls Surplus Actual % Yes 22.1674% 22.2098% Surplus Surplus AN Funds Surplus No ACI No Actual % Yes 27 363,913 27 363.913 16.0023% 16.0329% Surplus Surplus YesACH Yes 5,765,666 5,755,886 3.547.597 3,547,597 9,303,263 9,303,263 Surplus Surpkns AN FerrisM5.45W09% No No Actual % 7 673 34t1 74,573,348 74,15n3-0-1 I 1 143.6103%143.N36% 7i,457 629I 74,63149t 1 3,500,000 1 76,131,498 1 1 3,IXO31 3,500 000 326 031 146.11111117% 1 45.7784%, Pertloio - City kwn wets Amortized Custodian - Availability Surplus, Issuer/Ty"Valor 2002 RDA U.S. Be*-CIP Yes U.S.Treasury Bill 27,893,438 2003 Taxable RDA U.S. Bank -CIP Yes U.S.Tressury Bill 1,991,998 2004Finance AuBoft -CIP Yes U.S.TreasuryBB 9,902,208 2004 Finance AL*w tty -CIP Yes U.S.Treasury BIN 44,828,773 Yes Total - U.S. Tressury i i 1 $4.618 418 Porttaio - Mutual Furls T. - Avallabillty Surplus Many Market Mutual Fund Book Valor Civic Canter U.S.Bsnk - Project YES 1st America n Civic Center U.S.Bank - Debt Svc YES 1st American 501,896 1994 RDA U.S. Bw*4)eM Svc YES 1st American 1995 RDA US.Bannk - CIP YES 1st American 1995 RDA U.S.Bw* - Special Fund YES 1st American 2004 Fin Aurh -1995 US Bank - Escrow YES 1st American 101 1998 RDA US.Sank - CIP YES 1st American 1990 RDA U.S.Bank - Dbt Svc YES 1stAmerican 1990 RDA U.S.Bernk - Special Fund YES 1st Arnerim 1998 RDA U.S.Bank - CIP YES 1st American 2001 RDA U.S. Bank - Obt Svc YES 1st American 2001 RDA U.S. Bank - CIP YES 1 st American 2002 RDA U.S. Bank - Obt Svc YES tat American 2002 RDA U.S. Bank - CIP YES 1st American 1.497,743 2003 Taxable RDA U.S. Bank - DS YES 1 st American 70 2003 TmAW RDA U. S. Bank -COI YES 1st AmMean 2003 Taxable RDA U. S. Bank-CIP YES 1st Anwican 2,766,875 2004 Fin Auth US Banc - CIP YES 1st American 3,163,777 2004 Fin Aulh US Bank - COI YES tat American 5,035 Subtdal - Mutual Fund 7,926,497 Surplus Surplus Yes Ad Yes 27,893,439 27,893An 1.991,998 _ 1,991,998 9,902 206 9,802208 44,828.773 44,828,773 84 616,416 84,616,416 Surplus Yes Adj Surplus Yes 501,896 501'896 101 101 1,497,743 1,497.743 70 70 2,756.875 2,756.875 3,163,777 3,163,777 5,035 5.035 7,925,497 i 7,925,497 Surplus Surplus AN Funds I Surplus No Ack No Actual % Yes 49.4834% 49.5780% Surplus No Ad Surplus No AN Funds Sur m Actual % Yes 4.6348% 1 4.6437% Total Fiscal Agent MveMmts 92 641 913 92,641,9131 92,541,9131 - 61.1183% 54 2216% Grand Total 170 999 4421 197,17 411 1 3,500,000 1170,673,411 1 1 3,8211,031 1 3,600 000 326 031 1 IOOMOV14 100.0000% 63 9 pl � c � Q CJm7sc C L s rc UUu W C� CON c�P1pp�tO N� .-. I- p 00 �OOCA S O tOOOi_C7iD O F M M�I�tO O-- Q tO O� m CO V. NNCO�a ��r-MN� .�. 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CL co N N co i C J ■ C ° o � o ■ V M C� o N �► o LO o o C� C-i r- IUGDJGd 1- o 0 66 12 CITY OF LA QUINTA CITY FIXED CITY LONG TERM RDA FIXED RDA LONGTERM FINANCING FA LONGTERM GRAND BALANCE SHEET 09130I04 CITY ASSETS DEBT RDA ASSETS DEBT AUTHORITY DEBT TOTAL ASSETS: POOLED CASH (19,100,858.04) 0.00 0.00 31,612,176.09 0.00 0.00 0.00 5,048.61 0.00 0.00 0.00 12,516,384.68 612,000.00 LORP INVESTMENT IN POOLED CASH 0.00 0.00 0.00 0.00 0.00 612,000.00 85,000,000.00 0.00 0.00 0.00 0.00 0.00 150,331,000.00 INVESTMENT T-BILLINOTES 3 OTHER 65,331,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AUTO MALL CASH 0.00 0.00 0.00 0.00 0.00 58,149.85 0.00 0.00 0.00 0.00 58,149.85 LORP CASH BOND REDEMPTION CASH 0.00 0.00 0.00 100.55 0.00 0.00 0.00 501,895.83 0.00 0.00 0.00 501,996.38 0.00 BOND RESERVE CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,418,394.76 0.00 0.00 0.00 5,034.69 0.00 7,423,429.45 BOND PROJECT CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 BOND ESCROW CASH 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,000.00 PETTY CASH CASH & INVESTMENT TOTAL 46,231,141.96 0.00 0.00 124,700,821.25 0.00 0.00 511,977.13 0.00 171,443,940.34 INVESTMENT IN LAND HELD FOR RESALE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ACCOUNTS RECEIVABLE 433,888.87 0.00 0.00 0.00 60,900.00 (383,583.45) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 494,788.87 (444,497.86) PREMIUM/DISCOUNT ON INVESTMENT (60,914.41) 0.00 0.00 0.00 81,629.59 0.00 0.00 0.00 0.00 59 LQRP-ACCOUNTS RECEIVABLE 0.00 (7,631.25) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (,531.25 (1,52 .47 INTEREST RECEIVABLE 0.00 0.00 0.00 12,741,527.47 0.00 0.00 90,000,000.00 0.00 102,741,527.47 LOANMOTES RECEIVABLE DUE FROM OTHER AGENCIES 4,090,311.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,090,311.75 879,096.69 DUE FROM OTHER AGENCIES-CVAG 879,096.69 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (879,096.69) CVAG ALLOWANCE (879,096.69) 14,033.81 0.00 0.00 0.00 436,363.49 0.00 0.00 0.00 0.00 450,397.30 DUE FROM OTHER GOVERNMENTS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DUE FROM OTHER FUNDS ADVANCES TO OTHER FUNDS - PRINCIPAL 21,422,880.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 21 13,126,024.09 13,128,024.09 ADVANCES TO OTHER FUNDS - INTEREST 7,787,766.42 0.00 0.00 5,338,257.67 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ADVANCES TO OTHER FUNDS 0.00 2,069.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,069.00 NSF CHECKS RECEIVABLE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ACCRUED REVENUE FIXED ASSETS 2,572,807.00 388,021,434.00 0.00 0.00 69,288,415.00 0.00 0.00 0.00 0.00 0.00 0.00 459,882.656.00 (61,092,421.00) ACCUMULATED DEPRECIATION (1,460,883.00) (59,391.538.00) 0.00 0.00 0.00 (240,000.00) 0.00 0.00 0.00 0.00 1,072.40 TRAVEL ADVANCES 1,072.40 13,015.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 13,015.70 EMPLOYEE ADVANCES 596,128.14 0.00 0.00 0.00 0.00 0.00 0.00 0.00 598,128.14 PREPAID EXPENSES RECEIVABLE TOTAL 35,404,644.64 328,629,896.00 0.00 18,275,094.77 69,048,415.00 0.00 90,000,000.00 0.00 541,358,050.41 WORKER COMPENSATION DEPOSIT 0.00 240,955.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 24,830.00 4 ,30.00 RENT DEPOSITS 4,830.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UTILITY DEPOSITS 1,073.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,073.21 MISC. DEPOSITS DEPOSITS TOTAL 246,858.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 246,858.21 GENERAL FIXED ASSETS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ACCUMULATED DEPRECIATION 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT AVAILABLE TO RETIRE LIT DEBT 0.00 0.00 0.00 1,970,552.85 0.00 0.00 247,549,965.00 0.00 94,814,343.00 344,334,860.85 AMOUNT TO BE PROVIDED FOR LIT DEBT TOTAL OTHER ASSETS 0.00 0.00 1,970,552.85 0.00 0.00 247 549 965.00 0.00 94 814 343.00 344 334 860.85 81,882,644.81 328,629,896.00 1.970.562.85 142 975,916.02 69,048,415.00 247 549 965 00 90 511 977.13 94,814.343.00 1,057.383,709.81 TOTAL ASSETS LIABILITIES: ACCOUNTS PAYABLE 559,186.80 0.00 0.00 19,645.49 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 578,832.2 118,962.79 DUE TO OTHER AGENCIES 118,962.79 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DUE TO OTHER FUNDS ADVANCES FROM OTHER FUNDS - PRINCIPAL 0.00 5,363,587.67 0.00 0.00 21,397,550.21 0.00 0.00 0.00 0.00 0.00 0.00 26,761,137.88 7,787,767.52 ADVANCES FROM OTHER FUNDS - INTEREST 0.00 0.00 0.00 7,787,767.52 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 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RETENTION PAYABLE PAYROLL LIABILITIES 148,527.62 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 148,527.62 9,701.78 STRONG MOTION INSTRUMENTS 9,701.78 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 68.87 FRINGE TOED LIZARD FEES 68.87 45.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 45.00 SUSPENSE DUE TO THE CITY OF LA QUINTA 0.00 0.00 0.00 0.00 29,204,963.22 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 35,405,043.75 PAYABLES TOTAL 6,200,080.53 0.00 0.00 ENGINEERING TRUST DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SO. COAST AIR QUALITY DEPOSITS 0.00 0.00 0.00 0.00 0.00 18,664.00 0.00 0.00 0.00 0.00 18,664.00 LORP DEPOSITS DEVELOPER DEPOSITS 0.00 1,415,200.10 0.00 0.00 2,835.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,418,035.10 629,247.63 MISC. DEPOSITS 604,247.63 0.00 0.00 0.00 25,000.00 0.00 0.00 0.00 0.00 0.00 0.00 884 973.21 AGENCY FUND DEPOSITS TOTAL DEPOSITS 884 973.21 2,904,420.94 0.00 0.00 0.00 46,499.00 0.00 0.00 0.00 0.00 2,950,919.94 DEFERRED REVENUE 3 767177.88 0.00 0.00 10 618101.84 0.00 0.00 0.00 0.00 90 000 000.00 90.000.000.00 0.00 0.00 104 385 279.72 104,385,279.72 OTHER LIABILITIES TOTAL 3,767,177.88 0.00 0.00 10,618,101.84 COMPENSATED ABSENCES PAYABLE 0.00 0.00 531,553.26 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 531,553.26 1,010,688.59 DEVELOPER AGREEMENT 0.00 0.00 0.00 1,010,688.59 428,311.00 0.00 0.00 0.00 0.00 0.00 0.00 428,311.00 DUE TO THE CITY OF LA QUINTA 0.00 0.00 0.00 0.00 0.00 0.00 2,050,000.00 0.00 0.00 2,050,000.00 DUE TO COUNTY OF RIVERSIDE 0.00 0.00 0.00 0.00 0.00 6,667,336.00 0.00 0.00 6,667,336.00 DUE TO C.V. UNIFIED SCHOOL DIST. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DUE TO DESERT SANDS SCHOOL DIST. 0.00 0.00 0.00 0.00 90,000.000.00 0.00 0.00 90,000,000.00 LOANS PAYABLE 0.00 0.00 0.00 0.00 0.00 0.00 148 832 629.00 0.00 94 814 343.00 243 648 972.00 BONDS PAYABLE TOTAL LONG TERM DEBT 0.00 ,0.00 1,970,552.85 0.00 0.00 247.549,965.00 0.00 94,814,343.00 344,334,860.85 12,871.679.35 0.00 1,970,552.85 39.869.564.06 0.00 247,549,965.00 90,000,000.00 94,814,343.00 487,076,104.26 TOTAL LIABILITIES EQUITY -FUND BALANCE 69,010.965.46 328,629,896.00 0.00 103,106.351.96 69,048,415.00 0.00 511,977.13 0.00 570,307,605.55 81,882,644.81 328,629,896.00 1,970,552.85 142 975 916.02 69 048,415.00 247 549 965.00 90 511 977.13 94 814 343.00 1 057 383 709.81 TOTAL LIABILITY 3 EQUITY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CASH 3 INVESTMENT TOTAL 171,443,940.34 PREMIUMIDISCOUNT ON INVESTMENT (444,497.86) TOTAL 170,999.442.48 67 13 T414f 4 Qum COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Transmittal of Revenue and Expenditure Report dated September 30, 2004 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Transmittal of the September 30, 2004 Statement of Revenue and Expenditures for the City of La Quinta. Respectfully submitted, Yoh M . Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures, September 30, 2004 G ATTACHMENT CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2004 - W30104 FUNDS BUDGET RECEIVED RECEIVED General $23,505,150.00 $4,128,520.59 17.60% Library 649,500.00 275,000.00 42.30% Gas Tax Revenue 622,200.00 164,631.99 26.50% Federal Assistance 340,355.00 0.00 0.00% Urban Forestry 1,100.00 0.00 0.00% Siesf (Cops) Revenue 100,000.00 0.00 0.00% Local Law Enforcement 0.00 0.00 0.00% Indian Gaming 177,250.00 177,250.00 100.00% Lighting & Landscaping 825,800.00 0.00 0.00% RCTC 411,644.00 0.00 0.00% Quimby 153,900.00 0.00 0.00% Infrastructure 15,600.00 0.00 0.00% Village Parking 0.00 0.00 0.00% South Coast Air Quality 36,415.00 139,599.59 383.40% Cmaq/Istea 553,785.00 0.00 0.00% Transportation 758,700.00 482,347.62 63.60% Parks & Recreation 251,000.00 158,939.00 63.30% Civic Center 192,500.00 120,156.41 62.40% Library Development 112,500.00 71,239.00 63.30% Community Center 59,200.00 30,325.00 51.20% Street Facility 11,700.00 6,585.97 56.30% Park Facility 3,000.00 1,634.00 54.50% Fire Protection Facility 32,100.00 33,866.74 105.50% Library Development (County) Facility 190,963.00 0.00 0.00% Arts In Public Places 98,600.00 65,087.32 66.00% Interest Allocation 0.00 (27,577.86) 0.00% Capital Improvement 75,830,050.00 7,491,529.51 9.90% Assessment District 2000-1 6,000.00 0.00 0.00% Equipment Replacement 285,837.00 325,069.00 113.70% Information Technology 413,111.00 416,568.00 100.80% Park Equipment & Facility 250,000.00 0.00 0.00% SilverRock Golf 2,656,306.00 0.00 0.00% LQ Public Safety Officer 2,100.00 2,000.00 95.20% La Quinta Financing Authority 3,681,249.00 1,267,967.31 34.40% RDA Project Area No. 1 34,452,847.00 1,369,526.81 4.00% RDA Project Area No. 2 27,554,151.00 1,668,861.95 6.10% Total $174 234 613.00 1 $18 369127.95 10.50% 6 3 CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07/01/2004 - 9130104 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $24,451,582.00 $4,364,044.04 $28,972.63 $20,058,565.33 17.8% Library 1,216,501.00 0.00 . 0.00 1,216,501.00 0.0% Gas Tax 836,781.00 156,300.72 0.00 680,480.28 18.7% Federal Assistance 509,535.00 1,549.00 0.00 507,986.00 0.3% Urban Forestry 0.00 0.00 0.00 0.00 0.0% Slesf (Cops) Revenue 100,000.00 0.00 0.00 100,000.00 0.0% Local Law Enforcement 0.00 0.00 0.00 0.00 0.0% Indian Gaming 177,250.00 0.00 0.00 177,250.00 0.0% Lighting & Landscaping 825,800.00 206,449.97 0.00 619,350.03 25.0% RCTC 2,056,829.00 0.00 0.00 2,056,829.00 0.0% Quimby 547,871.00 380.00 0.00 547,491.00 0.1 % Infrastructure 1,140,356.00 396,929.17 0.00 743,426.83 34.8% Village Parking (1,893.00) 0.00 0.00 (1,893.00) 0.0% South Coast Air Quality 100,064.00 0.00 0.00 100,064.00 0.0% Cmaq/istea 553,785.00 0.00 0.00 553,785.00 0.0% Transportation 4,052,084.00 60,193.20 0.00 3,991,890.80 1.5% Parks & Recreation 188,544.00 2,099.69 0.00 186,444.31 1.1% Civic Center• 3,486,090.00 115,927.11 0.00 3,370,162.89 3.3% Library Development 3,746,450.00 77,917.57 0.00 3,668,532.43 2.1% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 0.00 0.00 0.00 0.00 0.0% Park Facility 0.00 0.00 0.00 0.00 0.0% Fire Protection 0.00 0.00 0.00 0.00 0.0% Library County DIF 590,863.00 0.00 0.00 590,863.00 0.0% Arts In Pubic Places 708,356.00 15,723.00 0.00 692,633.00 2.2% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 75,830,050.00 7,491,529.51 47,758.00 68,290,762.49 9.9% Proposed Assessment District 142,507.00 0.00 0.00 142,507.00 0.0% Equipment Replacement 1,062,339.00 33,295.55 0.00 1,029,043.45 3.1 % Information Technology 590,351.00 44,288.36 0.00 546,062.64 7.5% Park Maintenance Facility 0.00 0.00 0.00 0.00 0.0% SilverRock Golf 2,277,686.00 26,915.72 0.00 2,250,770.28 1.2% Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% La Quinta Financing Authority 3,735,955.00 816,042.62 0.00 2,919,912.38 21.8% RDA Project Area No. 1 80,400,974.00 13,395,748.98 0.00 67,005,225.02 16.7% RDA Project Area No. 2 28,504,140.00 2,917,739.14 0.00 25,586,400.86 10.2% Total 237,832,850.00 30,123,073.35 76,730.63 1 $207,633,046.02 112.7% 70 07/01/2004 - 9130104 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Mitigation Measures Franchise Tax TOTAL TAXES LICENSE 3 PERMITS: Business License Animal License Building Permits Plumbing Permits Mechanical Permits Electrical Permits Garage Sale Permits Misc. Permits TOTAL LICENSES & PERMITS FEES: Sale of Maps & Publications Community Services Fees Bldg & Safety Fees Community Development Fees Public Works fees TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines AB939 County of Riverside Grant State of California Grant Fire servicesCredit CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFER IN TOTAL GENERAL FUND REMAINING BUDGET RECEIVED BUDGET 743,400.00 296.05 743,103.95 1,233,100.00 419.44 1,232,680.56 4,072,200.00 1,148,614.81 2,923,585.19 1,334,500.00 0.00 1,334,500.00 539,700.00 247,596.08 292,103.92 4,030,300.00 223,527.45 3,806,772.55 0.00 20,000.00 (20,000.00) 797,800.00 145,678.37 652,121.63 12,751,000.00 1,786,132.20 10,964,867.80 202,500.00 55,117.70 147,382.30 15,400.00 3,296.00 12,104.00 493,800.00 711,980.21 (218,180.21) 84,400.00 86,925.68 (2,525.68) 43,100.00 50,439.21 (7,339.21) 85,000.00 78,256.85 6,743.15 5,000.00 3,920.00 1,080.00 42,200.00 62,115.78 (19,915.78) 971,400.00 1,052,051.43 (80,651.43) 4,400.00 4,731.58 (331.58) 191,000.00 57,692.82 133,307.18 471,000.00 112,060.77 358,939.23 222,400.00 60,590.00 161,810.00 584 400.00 237,533.96 346,866.04_ 1,473,200.00 472,609.13 1,000,590.87 1,455,300.00 169,650.11 1,285,649.89 77,500.00 6,559.30 70,940.70 41,900.00 6,673.00 35,227.00 31,609.00 20,507.00 11,102.00 182,100.00 0.00 182,100.00 0.00 0.00 8,451.00 9,536.70 (1,085.70) 3,748,040.00 0.00 3,748,040.00 175,000.00 0.00 175,000.00 5,719,900.00 212,926.11 5,506,973.89 2,265,300.00 603,084.00 1,662,216.00 17,100.00 1,733.97 15,366.03 0.00 0.00 0.00 0.00 (16.25) 16.25 17,100.00 1,717.72 15,382.28 307,250.00 0.00 307,250.00 23,505,150.00 4,128,520.59 19,376,629.41 71 4 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL LIBRARY: County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107.5 Traffic Congestion Relief Interest TOTAL GAS TAX FEDERAL ASSISTANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE URBAN FORESTRY Grant Revenue Interest TOTAL URBAN FORESTRY SLESF (COPS) REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding Interest Transfer in TOTAL LLEBG INDIAN GAMING Charges for services Interest TOTAL INDIAN GAMING LIGHTING & LANDSCAPING REVENUE: Assessment Developer Interest TOTAL LIGHTING & LANDSCAPING RCTC RCTC Funding Transfer in TOTAL RCTC QUIMBY REVENUE: Quimby Fees Interest TOTAL QUIMBY INFRASTRUCTURE REVENUE: Infrastructure Fee Interest Transfer in TOTAL INFRASTRUCTURE VILLAGE PARKING REVENUE: Interest TOTAL VILLAGE PARKING REMAINING BUDGET RECEIVED BUDGET 649,500.00 275,000.00 374,500.00 0.00 0.00 0.00 0.00 0.00 0.00 649,500.00 275,000.00 374,500.00 193,100.00 52,125.03 140,974.97 137,900.00 36,803.22 101,096.78 256,900.00 69,703.74 187,196.26 6,000.00 6,000.00 0.00 20,700.00 0.00 20,700.00 7,600.00 0.00 7,600.00 622,200.00 164,631.99 457,568.01 340,355.00 0.00 340,355.00 0.00 0.00 0.00 340,355.00 0.00 340,355.00 1,100.00 0.00 1,100.00 0.00 0.00 0.00 1,100.00 0.00 1,100.00 100,000.00 0.00 100,000.00 0.00 0.00 0.00 100,000.00 0.00 100,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 177,250.00 177,250.00 0.00 0.00 0.00 0.00 177,250.00 177,250.00 0.00 825,800.00 0.00 825,800.00 0.00 0.00 0.00 0.00 0.00 0.00 825,800.00 0.00 825,800.00 411,644.00 0.00 411,644.00 0.00 0.00 0.00 411,644.00 0.00 41 T,-94Z.W 150,000.00 0.00 150,000.00 3,900.00 0.00 3,900.00 0.00 0.00 15,600.00 0.00 15,600.00 0.00 0.00 0.00 15,600.00 0.00 15,600.00 0.00 0.00 0.00 0.00 0.00 0.00 �!0 5 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution MSRC Funding Street Sweeping Grant Interest TOTAL SCAQ CMAQASTEA CMAQIISTEA Grant Interest TOTAL CMAQnSTEA TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION PARKS & RECREATION Developer fees Interest Transfer in TOTAL PARKS & RECREATION CIVIC CENTER Developer fees Interest Transfer in TOTAL CIVIC CENTER LIBRARY DEVELOPMENT Developer fees Interest Transfer in TOTAL LIBRARY DEVELOPMENT COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developer fees Interest TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY FIRE PROTECTION FACILITY Developer fees Interest TOTAL FIRE PROTECTION FACILITY LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees Interest TOTAL LIBRARY DEV (COUNTY) FACILITY ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places Arts in Public Places Credits Applied Interest TOTAL ARTS IN PUBLIC PLACES INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transfer In TOTAL INTEREST ALLOCATION REMAINING BUDGET RECEIVED BUDGET 34,415.00 314.59 34,100.41 0.00 139,285.00 (139,285.00) 0.00 0.00 2,000.00 0.00 2,000.00 36,415.00 139,599.59 (103,184.59) 553,78.5.00 0.00 553,785.00 0.00 0.00 0.00 553,785.00 0.00 553,785.00 721,400.00 482,347.62 239,052.38 37,300.00 0.00 37,300.00 0.00 0.00 0.00 758,700.00 482,347.62 276,352.38 251,000.00 158,939.00 92,061.00 0.00 0.00 0.00 0.00 0.00 0.00 251,000.00 158,939.00 92,061.00 192,500.00 120,156.41 72,343.59 0.00 0.00 0.00 0.00 0.00 0.00 192,500.00 120,156.41 72,343.59 112,500.00 71,239.00 41,261.00 0.00 0.00 0.00 0.00 0.00 0.00 112,500.00 71,239.00 41,261.00 48,500.00 30,325.00 18,175.00 10 700.00 0.00 10,700.00 59,200.00 30,325.00 28,875.00 9,800.00 6,585.97 3,214.03 1,900.00 0.00 1,900.00 11,700.00 6,585.97 5,114.03 2,500.00 1,634.00 866.00 500.00 0.00 500.00 3,000.00 1,634.00 1,366.00 32,100.00 33,866.74 (1,766.74) 0.00 0.00 0.00 32,100.00 33,866.74 (1,766.74) 190,863.00 0.00 190,863.00 100.00 0.00 100.00 190,963.00 0.00 190,963.00 97,500.00 65,087.32 32,412.68 0.00 0.00 0.00 1,100.00 0.00 1,100.00 98,600.00 65,087.32 33,512.68 0.00 (27,577.86) 27,577.86 0.00 0.00 0.00 0.00 (27,577.86) 27,577.86 6 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio SB300 Funding RCTC SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE ASSESSMENT DISTRICT 2000-1 Interest Assessment Bond Proceeds Prepayments -sewer assessments Transfer in TOTAL ASSESSMENT DISTRICT EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution Sale of Fixed Asset Interest Transfers In TOTAL EQUIPMENT REPLACEMENT INFORMATION TECHNOLOGY FUND: Charges for services Capital Contribution Sale of Fixed Asset Interest Transfers In TOTAL INFORMATION TECHNOLOGY PARK EQUIPMENT & FACILITY Charges for services Interest TOTAL PARK EQUIPMENT & FAC SILVERROCK GOLF Green fees Range fees Merchandise Food & Beverage TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL' LQ PUBLIC SAFETY REMAINING BUDGET RECEIVED BUDGET 6,592,557.00 368,822.72 6,223,734.28 877,462.00 0.00 877,462.00 0.00 0.00 0.00 244,800.00 0.00 244,800.00 43,750.00 0.00 43,750.00 0.00 0.00 0.00 0.00 0.00 0.00 52,887.00 0.00 52,887.00 393,250.00 0.00 393,250.00 0.00 0.00 0.00 87,500.00 0.00 87,500.00 0.00 0.00 0.00 67,537 844.00 7,122,706.79 60,415,137.21_ 75,830,050.00 7,491,529.51 68,338,520.49 6,000.00 0.00 6,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,000.00 0.00 6,000.00 225,137.00 325,069.00 (99,932.00) 0.00 0.00 0.00 0.00 0.00 0.00 60,700.00 0.00 60,700.00 0.00 0.00 0.00 285,837.00 325,069.00 (39,232.00) 406,111.00 416,568.00 (10,457.00) 0.00 0.00 0.00 0.00 0.00 0.00 7,000.00 0.00 7,000.00 0.00 0.00 0.00 413,111.00 416,568.00 (3,457,00) 250,000.00 0.00 250,000.00 0.00 0.00 0.00 250,000.00 0.00 250,000.00 2,300,210.00 0.00 2,300,210.00 33,111.00 0.00 33,111.00 158,886.00 0.00 158,886.00 164,099.00 0.00 164,099.00 2,656,306.00 0.00 2,656,306.00 2,000.00 2,000.00 0.00 100.00 0.00 100.00 2,100.00 2,000.00 100.00 07/01/2004 - 9130104 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 761,385.00 128,826.24 0.00 632,558.76 CITY MANAGER'S OFFICE 849,100.00 176,834.03 17,500.00 654,765.97 ECONOMIC DEVELOPMENT 891,150.00 193,172.58 0.00 697,977.42 PERSONNEURISK MGT 794,069.00 90,425.32 235.58 703,408.10 TOTAL GENERAL GOVERNMENT 3,295,704.00 589,258.17 17,735.58 2,688,710.25 CITY CLERK 526,211.00 122,375.66 0.00 403,835.34 TOTAL CITY CLERK 526,211.00 122,375.66 0.00 403,835.34 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 772,983.00 193,172.36 2,764.00 577,046.64 SENIOR CENTER 359,644.00 54,474.69 0.00 305,169.31 PARKS & RECREATION PROGRAMS 144,203.00 35,545.60 0.00 108,657.40 TOTAL COMMUNITY SERVICES 1,276,830.00 283,192.65 2,764.00 990,873.35 FINANCE FISCAL SERVICES 726,376.00 147,072.71 0.00 579,303.29 CENTRAL SERVICES 659,448.00 311,227.68 2,427.61 345,792.81 TOTAL FINANCE 1,385,824.00 458,300.29 2,427.61 925,096.10 BUILDING &SAFETY: BUILDING & SAFETY - ADMIN 321,517.00 53,166.81 0.00 268,350.19 BUILDING 906,594.00 278,698.83 0.00 627,895.17 CODE COMPLIANCE 658,084.00 121,266.27 0.00 536,817.73 ANIMAL CONTROL 293,479.00 48,386.03 0.00 245,092.97 CIVIC CENTER BUILDING -OPERATIONS 1,106,324.00 666,176.29 0.00 440,147.71 TOTAL BUILDING & SAFETY 3,285,998.00 1,167,694.23 0.00 2,118,303.77 PUBLIC SAFETY: POLICE SERVICES 6,813,954.00 901,426.42 0.00 5,912,527.58 FIRE 3,855,806.00 3,437.60 0.00 3,852,368.40 EMERGENCY SERVICES 45,193.00 22,221.64 0.00 22,971.36 TOTAL PUBLIC SAFETY 10,714,953.00 927,085.66 0.00 9,787,867.34 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 556,886.00 136,222.72 0.00 420,663.28 CURRENT PLANNING 750,085.00 133,652.51 0.00 616,432.49 TOTAL COMMUNITY DEVELOPMENT 1,306,971.00 269,875.23 0.00 1,037,095.77 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 277,879.00 64,129.73 0.00 213,749.27 DEVELOPMENT & TRAFFIC 1,071,366.00 _ 250,650.67 0.00 820,715.33 MAINT/OPERATIONS - STREETS 2,188,469.00 236,329.41 1,729.62 1,950,409.97 MAINT/OPERATIONS - LTG/LANDSCAPING 1,461,996.00 406,945.83 0.00 1,055,050.17 MAINT/OPERATIONS - PARK MAINTENANCE 837,090.00 110,108.86 4,315.82 722,665.32 CONSTRUCTION MANAGEMENT 618,817.00 185,412.79 0.00 433,404.21 TOTAL PUBLIC WORKS 6,455,617.00 1,253,577.29 6,045.44 5,195,994.27 TRANSFERS OUT 266,017.00 45,187.69 0.00 220,829.31 GENERAL FUND REIMBURSEMENTS (4,062,543.00) (752,502.83) 0.00 (3,310,040.17) NET GENERAL FUND EXPENDITURES 24,451,582.00 4,364,044.04 28,972.63 20,058,565.33 17J 8 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY 07/0112004 - 9130104 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 TRANSFER OUT 1,216,501.00 0.00 0.00 1,216,501.00 TOTAL LIBRARY FUND 1,216, 1.00 0.00 .00 1,216, 1.00 GAS TAX REIMBURSE GENERAL FUND 622,200.00 155,550.00 0.00 466,650.00 TRANSFER OUT 214,581.00 750.72 0.00 213,830.28 TOTAL GAS TAX FUND 836,781.00 156,300.72 0.00 680,480.28 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 509,535.00 1,549.00 0.00 507,986.00 URBAN FORESTRY GRANT TRANSFER OUT TOTAL URBAN FORESTRY GRANT 0.00 0.00 0.00 0.00 SLESF (COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 100,000.00 0.00 0.00 100,000.00 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 0.00 0.00 0.00 0.00 INDIAN GAMING FUND TRANSFER OUT 177,250.00 0.00 0.00 177,250.00 TOTAL INDIAN GAMING FUND 177,2 .00 0.00 0.00 177,2 .00 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 825,800.00 206,449.97 0.00 619,350.03 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LTG/LANDSCAPING FUND 825,800.00 2 449.97 , 0.00 619,350.03 RCTC TRANSFER OUT 2,056,829.00 0.00 0.00 2,056,829.00 (TOTAL RCTC 2,056, .00 0.00 0.00 2,056, 29• QUIMBY FUND: TRANSFER OUT TOTAL QUIMBY FUND 547,871.00 380.00 0.00 547,491.00 INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 1,140,356.00 396,929.17 0.00 743,426.83 TOTAL INFRASTRUCTURE 1,140,356.00 396,929.T7 0.00 743,4 . 3 VILLAGE PARKING TRANSFER OUT TOTAL VILLAGE PARKING FUND (1,893.00) 0.00 0.00 (1,893.00) SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 22,945.00 0.00 0.00 22,945.00 TRANSFER OUT 77,119.00 0.00 0.00 77,119.00 TOTAL SOUTH COAST AIR QUALITY 100,064.00 0.00 0.00 100,064.00 CMAQIISTEA TRANSFER OUT TOTAL CMAQ/ISTEA FUND 553,785.00 0.00 0.00 553,785.00 TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.00 CONTRIBUTION 0.00 0.00 0.00 0.00 TRANSFER OUT 4,052,084.00 60,193.20 0.00 3,991,890.80 TOTAL TRANSPORTATION 4,052, 84.00 60,193.20 0.00 3,991,8 .80 PARKS & RECREATION INTEREST ON ADVANCE 0.00 0.00 0.00 0.00 TRANSFER OUT 188,544.00 2,099.69 0.00 186,444.31 TOTAL PARKS & RECREATION 188,544.00 2,099.69 0.00 186,444.31 CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 204,366.00 51,091.50 0.00 153,274.50 TRANSFER OUT 3,281,724.00 64,835.61 0.00 3,216,888.39 TOTAL CIVIC CENTER 3,486,090.00 115,927.11 0.00 3,370,1 92.89 LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 TRANSFER OUT 3,746,450.00 77,917.57 0.00 3,668,532.43 TOTAL LIBRARY DEVELOPMENT 3,746, .00 77,917.57 0.00 3,668,53 .43 �� 9 CITY OF LA QUINTA 07/01/2004 - 9130104 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0.00 STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK FACILITY 0.00 0.00 0.00 0.00 FIRE PROTECTION INTEREST ON ADVANCE 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL FIRE PROTECTION DIF 0.00 0.00 0.00 0.00 LIBRARY COUNTY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 590,863.00 0.00 0.00 590,863.00 TOTAL LIBRARY COUNTY DIF 590,863.00 0.00 0.00 5 ,863.00 ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 3,500.00 0.00 0.00 3,500.00 OPERATING EXPENSES-APP 1,800.00 0.00 0.00 1,800.00 ART PURCHASES 447,425.00 15,723.00 0.00 431,702.00 TRANSFER OUT 255,631.00 0.00 0.00 255,631.00 TOTAL ART IN PUBLIC PLACES 708, .00 15,723.00 0.00 692,633.00 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 74,858,873.00. 7,485,967.15 47,758.00 67,325,147.85 PROJECT REIMBURSEMENTS TO GEN FUND 971,177.00 5,562.36 0.00 965,614.64 TRANSFER OUT 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT 75,830,050.00 7,491,529.51 47,758.00 8,290,7 2.49 ASSESSMENT DISTRICT 2000-1 COSTS OF ISSUANCE 0.00 0.00 0.00 0.00 TRANSFER TO AGENCY FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 142,507.00 0.00 0.00 142,507.00 TOTAL AD 2000-1 142,507.00 .00 0.00 .142,507.00 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 405,339.00 33,295.55 0.00 372,043.45 TRANSFER OUT 657,000.00 0.00 0.00 657,000.00 TOTAL EQUIPMENT REPLACEMENT FUND 1,06 , 9.00 33,295.55 0.00 1,029,043.45 INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 590,351.00 44,288.36 0.00 546,062.64 TOTAL INFORMATION TECHNOLOGY FUND 590, 1.00 44,288.36 0.00 546,062.64 PARK MAINTENANCE TRANSFER OUT 0.00 0.00 0.00 0.00 SILVERROCK GOLF OPERATING EXPENSES 2,277,686.00 26,915.72 0.00 2,250,770.28 TOTAL SILVERROCK GOLF 2,277,68 .00 26,915.72 0.00 2,250,770.28 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 ►, 10 COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Authorization for Overnight Travel for the Community Services Director, Recreation Supervisor and One Community Services Commissioner to Attend the California Parks and Recreation Society Conference in Sacramento, California, March 10-12, 2005 RECOMMENDATION: Approve authorization Recreation Supervisor California Parks and March 10-12, 2005. AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: for overnight travel for the Community Services Director, and one Community Services Commissioner to attend the Recreation Society Conference in Sacramento, California, FISCAL IMPLICATIONS: The costs associated with conference attendance for the Community Services Director, Recreation Supervisor and one Community Services Commissioner will be funded through the . Community Services Administration Travel, Training and Meetings Accounts #101-3001-451.51-01. The Community Services Department budget contains a line item for one Commissioner to attend the California Parks and Recreation Society annual conference. The estimated expenditures are as follows: • Registration • Meals • Lodging • Travel TOTAL: CHARTER CITY IMPLICATIONS: None. $289 $200 $600 $150 $1,239 per person 73 BACKGROUND AND OVERVIEW: The annual conference of the California Parks and Recreation Society (CPRS) gathers parks and recreation professionals and commissioners from all areas of the State of California to network and share information on issues of common interest. Staff receives information on current federal, state and county policies, marketing strategies' and programming trends. Information regarding the conference is provided as Attachment 1. The request for overnight travel is being considered in advance in an effort to take advantage of lower flight prices and to enable staff to make reservations for lodging at a reduced rate. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Community Services Director, Recreation Supervisor and one Community Services Commissioner to attend the California Parks and Recreation Society Conference in Sacramento, California, March 10-12, 2005; or 2. Do not approve the authorization for overnight travel; or 3. Provide staff with alternative direction. Repectfull�► submitted, ie Horvifz, Mommunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. 2005 CPRS Conference Registration Form 73 2005 CONFERENCE EARLY BIRD REGISTRATION FORM Name (required for early bird rate) Member # (if applicable) Address City/State/Zip Agency Day Phone Please Check All Applicable Boxes Membership Category Category Early Bird Rate • CPRS ❑ NRPA* ❑ CAPRCBM 0 Nonmember ❑ Member $259* *NOTE: NI:I4rmyI= matsendaaW d their valid nailm card%va lkaticrn t0 Nonmember $449 * #259 is "Early Bird° member rate. Other registration discounts do not apply with this Early Bird special, including the 6th free Promotion. Registration with full payment must be postmarked by September 17, 2004. No purchase orders accepted. Questions? Call California Park & Recreation Society, 9161665-2777. ATTACHMENT 1 CALIFORNIA PARK & RECREATION SOCIETY PAYMENT INFORMATION $- Total amount of check enclosed Make check payable to CPSRPTC Charge $_________._ to Ll VISA D MasterCard O American Express Bankcard # Exp. Date Cardholder Name/Signature Mail this form to: Registrar California Park & Recreation Society 7971 Freeport Blvd, Sacramento, CA 95832-9701 Fax 916/665-9149 • conference@cprs.org 003 3. 4 4a AGENDA CATEGORY: OFT COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Approval of a Request for Proposal (RFP) For the Design/Build Services for the Childcare Facility Playground Improvements, Project #2004-08 RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Request for Proposal (RFP) for Design/Build Services for the childcare facility playground improvements, Project #2004-08. FISCAL IMPLICATIONS: At the April 20, 2004 City Council meeting, the City Council approved the project applications for grant funds for the Per Capita and Robeti-Z'Berg-Harris Block Grant Programs under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002 (Proposition 40). The City Council approved using $65,325 from Proposition 40 funds to improve the playground equipment at the City owned childcare facility currently leased by the Family YMCA of the Desert. Additional funds are not being requested at this time. The City received notification on October 20, 2004 that the City's application for the funding was granted by the California Department of Parks and Recreation. CHARTER CITY IMPLICATIONS: Funding for this project is through a state grant, therefore subject to prevailing wage requirements. BACKGROUND AND OVERVIEW: The City of La Quinta owns the childcare facility that is currently leased to the Family YMCA of the Desert. The playground equipment at this site is approximately 10 years old with some pieces having been donated to the YMCA from a commercial fast food restaurant some years ago. 1 81 The playground equipment at the facility is in need of replacement. The City has received notification from the California Department of State Parks and Recreation that the City's application to use Proposition 40 funds for replacement of the equipment at the City owned childcare facility has been approved and the project may proceed. Staffs from the City and the YMCA have met to discuss the replacement of the equipment. After a minor revision, the YMCA staff believes that the proposed playground equipment will meet their needs. This project will expand the play area at the facility by offering more play amenities while bringing it into conformance with accepted safety standards. A Request for Proposal is provided as Attachment 1. It is anticipated that upon award of bid, the project will be complete by early spring 2005. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Request for Proposal (RFP) for Design/Build Services for the childcare facility playground improvements project #2004-08; or 2. Do not approve the Request for Proposal (RFP) for Design/Build Services for the childcare facility playground improvements project #2004-08; or 3. Provide staff with alternative direction. ctfully gpbmitted, LNV �! ie Horvitz,'COA munity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Design/Build RFP, Project 2004-08 2 g4 ATTACHMENT 1 CITY OF LA QUINTA REQUEST FOR PROPOSAL TO PROVIDE DESIGN/BUILD SERVICES FOR CHILDCARE FACILITY PLAYGROUND IMPROVEMENTS, PROJECT NO. 2004-08 The City of La Quinta is requesting proposals from qualified firms and/or individuals to provide design/build services for the Childcare Facility Playground Improvements, Project No. 2004-08. This will include the design, construction, construction management, materials and appurtenance and inspection services during construction. Proposals will be received by the City of La Quinta Public Works Department located at 78-495 Calle Tampico, P.O. Box 1504, La Quinta California, 92247 until 10:00 a.m. Friday, December 10, 2004. Proposals will be addressed to the attention of John M. Freeland, Senior Engineer. TYPICAL SERVICES: This project includes but is not limited to providing the design and construction of the childcare facility playground improvements located at 49-955 Park Avenue, La Quinta CA. This project shall be awarded as a "design/build" improvement. The successful bidder shall be responsible for all aspects of the project. Typical services to be provided include, but are not limited to: • Prepare plans and specifications for the childcare facility playground improvements, including the removal and replacement of play equipment, new play equipment, concrete border and safety surfacing; • Perform appropriate engineering related field survey, and base map preparation; Perform utility coordination and obtain clearances if necessary; Perform coordination with local, regional, State and/or Federal agencies as necessary; • Obtain all required permits; Preparation and tracking of project schedules; • Monitor and report on project status; budget vs. actual expenditures; contract time vs. actual time; As necessary, provide information to be included in staff reports for City Council and/or Planning Commission consideration; Attend all appropriate public meetings to discuss the project including but not limited to User Group Meetings, Community Services Commission, Planning Commission and/or City Council; • Provide all materials and labor for the construction and installation of the childcare facility playground improvements. INSURANCE: In accordance with Section 5 of the attached agreement, consultant shall procure and maintain, at its cost; 1. Personal and public liability and property damage insurance; 2. Automobile liability insurance of $1,000,000; 3. Workers' Compensation Insurance; and 4. Professional errors and omission's liability insurance. 5. Performance Bonds in the amount of 100% of the Bid amount. 6. Payment Bonds in the amount of 100% of the Bid amount. PROPOSAL: The city owned childcare facility has outdated playground equipment that is in need of replacement. The childcare facility playground improvements will likely include but may not be limited to: removal and disposal of old playground equipment; excavation of approximately 3,284 square feet of soil to twelve (12) inches; installation of approximately 202 linear feet of concrete border around swing area; installation of specified playground equipment, and installation of safety surfacing with slide/swing mats. The proposed playground equipment includes: One playstructure to include four climbers, balcony with telescope, catwalk bridge and trippple slide; Accessible platforms Four unit arch swing with 8 foot top rail; One Freddy Firetruck One 3 way Speedy Speedway Spring Rider One Hill Boulder One Risk Management Sign Engineered Wood Product to 12 inches deep in all play areas. including drain and slide/swing mats Manufacturer of this material is Playworld Systems (800) 669-2572, or approved equal. Site map is included. The project will meet current ADA requirements. All playground equipment will meet Consumer Product Safety Commission 1487-95 standards for manufacturing and installation. Consultants are encouraged to keep the proposal brief and relevant to the specific services required. The City of La Quinta has $65,325.00 budgeted for this entire am 00 It project, "turn key", including but not limited to: Design, plans, specifications, estimates, professional services, inspections, permits, approvals, any and all meetings and full construction of all facilities. The project is funded by State grant funds. Subsequently, prevailing wage provisions shall be applicable. Five copies of the proposal shall be submitted and include relevant Statement of Qualifications, Resume(s), and listing of projects with contact personnel that are relevant to this type of work. In a separate sealed envelope, consultants must submit a cost breakdown for each item and phase of the proposed work, using the attached cost breakdown sheet. Each representative of the consultant team must be listed along with each firm's name. SELECTION PROCESS: Proposals will be reviewed by a Consultant Selection Committee. The Committee will rank the consultant for contract negotiations based upon the experience, approach to the project, project schedule and qualifications. This project shall be complete and operational by April 1, 2005. The maximum amount allocated to this project is $65,325.00 for all work previously listed complete. No amendments or change orders to this contract are authorized. Firms will be ranked upon their written proposal, and verbal presentation to the Consultant Selection Committee. It is anticipated that interviews will be conducted during the week of December 13, 2004 with the contract award scheduled for the City Council meeting of December 21, 2004. The successful consultant will be expected to enter into the attached Professional Services Agreement. 85 005 COST BREAKDOWN SHEET ITEM DESCRIPTION QTY UNIT UNIT PRICE 'EXTENDED PRICE NO. 1 Removal and Disposal of Existing 1 LS Equipment 2 Excavation and removal of 1 LS approximately 3,284 square feet of material to 12 inches deep 3 Installation of approximately 202 1 LS linear feet of concrete border 4 Playground Equipment by 1 LS Playworld Systems or approved equal. 5 Installation of Playground 1 LS Equipment 6 Protective Surfacing by Sof' Fall 1 LS or approved equal 7 Installation of Protective 1 LS Surfacing TOTAL PROJECT COST (Items 1-7) Total Project Cost (Items 1-7) in words: PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Childcare Facility Playground Improvements, Project 2004-08 as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated. and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof) . 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 007 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed $ (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 83 008 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer i.n writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. b. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform. the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy Jonasson, or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure, that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in g� whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Less than $50,000 $50,000 - $300,000 Over $300,000 Personal Injury/Property Damage Coverage $100,000 per individual; $300,000 per occurrence $250,000 per individual; $500,000 per occurrence $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident 90 010 against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional .insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. _ 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the 91 oil requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full 9 Q14' force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the •notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 94 014 8.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, 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 performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attn: Timothy Jonasson Public Works Director 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247 To Consultant: Attn: 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations. and agreements are integrated 95 into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions .of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation THOMAS P. GENOVESE, City Manager ATTEST: JUNE S. GREEK, City Clerk APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney. Date (36 016 CONSULTANT By: Name: Title: Date: 97 0it 7 Exhibit A Scope of Services The City of La Quinta is providing design/build services for the Childcare Facility Playground Improvements, Project No. 2004-08. This will include the design, construction, construction management, materials and appurtenance and inspection services during construction. The city owned childcare facility has outdated playground equipment that is in need of replacement. The childcare facility playground improvements will likely include but may not be limited to: removal and disposal of old playground equipment; excavation of approximately 3,284 square feet of soil to twelve (12) inches; installation of approximately 202 linear feet of concrete border around swing area; installation of specified .playground equipment, and installation of safety surfacing with slide/swing mats. The proposed playground equipment includes: One playstructure to include four climbers, balcony with telescope, catwalk bridge and trippple slide; Accessible platforms Four unit arch swing with 8 foot top rail; One Freddy Firetruck One 3 way Speedy Speedway Spring Rider One Hill Boulder One Risk Management Sign Engineered Wood Product to 12 inches deep in all play areas including drain and slide/swing mats Manufacturer of this material is Playworld Systems (800) 669-2572, or approved equal. Site map is included. The project will meet current ADA requirements. All playground equipment will meet Consumer Product Safety Commission 1487-95 standards for manufacturing and installation. See attached for site plan. '3 018 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed $ except as specified in Section 1.6 - Additional Services of the Agreement. 99 019 Exhibit C Schedule of Performance Consultant shall complete all services by April 1, 2005. 11}0 QZO 1 COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 31253, Quarry Ranch, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Parcel Map No. 31253, Quarry Ranch, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 31253 is located west of Madison Street and south of Lake Cahuilla (Attachment 1). This residential development will consist of 2 parcels on approximately 20 acres (Attachment 2). On June 24, 2003, the Planning Commission approved Tentative Parcel Map No. 31253. The developer has requested the- City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer, but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The Developer expects that all signatures will be in place within the time allowed for its conditional approval. As a result, City staff has prepared a Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (December 16, 2004), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and the associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 31253, Quarry Ranch, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision ,Improvement Agreement for Parcel Map No. 31253, Quarry Ranch, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, %, A 11ru imothy R. J nass Public Work Dire r/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Parcel Map 3. Subdivision Improvement Agreement 2 �0 RESOLUTION NO. 2004-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP NO. 31253, QUARRY RANCH, LLC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Parcel Map No. 31253 is conditionally approved provided the subdivider submits all required items on or before December 16, 2004. 3 10 Resolution No. 2004- Parcel Map No. 31253, Adopted: November 16, 2004 Page 2 Section 2. The City Council's approval of considered valid until the City Engineer has signed conforms to the tentative Parcel map, the Subdivision of the City. the final map shall not be the map indicating that it Map Act and all ordinances Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate . securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Parcel Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on December 16, 2004. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a City Council held on this 16th day of November, wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None regular meeting of the La Quinta 2004, by the following vote, to DON ADOLPH, Mayor City of La Quinta, California 4 1 ON, 4 Resolution No. 2004- Parcel Map No. 31253, Adopted: November 16, 2004 Page 3 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 i,' z 0 c� N � Z N � � N LA QUINTA w PGAWEST LAKE CAHUILLA QUARRY PROJECT/ LOCATION AVE 5 AVE. 5 AVE 62 VICINITY MAP NTS Di 106 9 ATTACHMENT 2 aoo.*,;O ! rooirs�reo ,�P't1HS pg4McF oLWE4ZL£ dMYV l3 d1�en�nslZOL££ O . ...�{ ie ks t t ------------ •--------T., WIN ki k ill \ fill 1 �! R L M s • 1 I I I 1. 1 I 1. 1 1 � 1 I I.. 1 I 1 1 1 t r I 1 1 1 1 1 1 I I 1 1 I 1 1 I I, �2100Y'►� 1/'1'YV 5S'91;"0� ><oozrs�reo'�P Z1HS £SZ�pNd 70LE£�i'SZL£ dVW l3�iNd1��i1ZOZ££Ot+1L£E041�0 ueo'5NWCIHt CSZLtnc ZOLWMZ&e dVW 133W&4Au O-L000ftLMW-o CITY of L, QunNra ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAC' NO. 31253 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of by and between QUARRY .RANCH, LLC. a CALIFORNIA LIMITED LIABILITY COMPANY hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred Was "City." RECITALS: A. Subdivider has prepared and filed a final map or Parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel No. 31253 (the "Parcel"), pursuant to the provisions of Section 66410, et. sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements .have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision -Map Act. NOW, THEREFORE, .it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of -the City. Engineer. 2.. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed. under this Agreement as listed in Exhibit "A", and shall bear the full .cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of ' security to be provided by Subdivider, hereinafter referred to as "performance security, shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to he provided by Subdivider, 'hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be. provided by Subdivider,* hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of . City Council. approval of the Map. Subdivider shall provide warranty security after 'Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However,, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each -such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing the obligations thereby secured. 1 1 0 10 T 1Projcct'DevelopmeM DlvWonlDeadop00 t p ts1SI M&A in ProyressWuart�t Ranch PM 31253VONSITE SI^.doc ': B. Improvement security shall conform to Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of. credit, issued by one or more* financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are ondeposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less. than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, .and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise. set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Parcel map or waiver of Parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of 11 T-.Trojed Development Div1si0n0evet01meM ProjectsWAWeementsMA SIM in PropressQuarry Ranch PM, 3125M0NSITE_A1A.doc _ .. warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars . ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of. the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by. Subdivider of Subdividees share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be . reduced or become wholly or -partially invalid` -for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified. mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for - - - -arty-impr_avement_agreemen#. _-- - - -- -- - - - - - - -- - 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Parcel Improvements. However, if at the end of the one-year warranty period, there are one or moreoutstandingrequests by City for performance of work or provision of materials under, the terms .of the warranty, warranty:: 12 - n Progress ]carryRancFaPM T-Trcod Development Divlsion\DeveloprMnt PMdCtsWgn�mentSNSlA0As i.:3125310µSITE�SU► security shall be retained until the outstanding requests are satisfied or until Subdivider -has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to,. agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement. in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. - In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. . Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete, construction of, the Improvements within the specified time periods shall constitute cause .for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected -by the Improvements.- Said -failure shall- not- otherwise - affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may, approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before ' final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements .by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 13 13 T:Wrojft1 J)eM pme *(Xvisionl[5"opr *nJ ftAW lW"ff ft\SIA\SftJn ProgresslLluarry. WO PM 3125 Q ISIT S4!►,doA K, . : Upon receipt of said request, the City Engineer or, a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such. defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the"obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, 'representatives, executors, administrators, guarantors, heirs, and assigns; and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. . 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. . 14 Div T:� isiortilDeir 60ri M Pm*-6 oreenmts�SUUs t in PMgMSXk Vq R 1 0,W_NsFCE,.ulA,doc : ' E .. , ... F, ; ,• D C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable. attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: Date City Clerk Principal Address QUARRY RANCH, LLC 78030 CALLE BARCELONA; SUITE A LA QUINTA, CA 92253 By: Date Title: r►w By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date 15 T.�proje�t 15"oprrec tbivIW66iDevi op�ntht'PPb Ct§V19re�mentslslA\SlAs In Pro9ressWuarry Rand PM 1259 ON& 9 lArdt ? 1=15 Exhibit A ON -SITE SECURITY —PARCEL MAP NO. 31253 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until. called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10 /°) of the total performance security for .the .Parcel and . shall not. reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made. in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Parcel improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ 93,600 $ 93,600 Monumentation (Completed) $ - $ - Totals $ 93,600 $ 93,600 Standard 10% Contingency $ ' 9,360 $ 9,360 Total Construction Cost $ 102,960 $ 1,02,960 Professional Fees, Design 10% $ 10,300 $ 10,300 Professional Fees, Const 10% $ 10,300 $ 10,300 No Plans Contingency 25% . $ 25,740 ' $ 25,740 Bond Amount S 1499300 $ 149,300 16 11G T:iPI*a DevelophWA Divisitin�0evetop prdji�Ctsti��9feements�SiA�.SIAs in Progresslt�ua�rt RanC� , 12531pNS{T L;SI doc ;:* 04-03-03 , 15:OT From-GURALNICK GILLILAND MOUND T-438 P.02/02 F-436 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss County of ('f*ejr<1 rJ� f �„ On Q ' �, before me. Y Dow N]m0 ]ne 15po a Oihco. W.y ').Mw ow. FWxy 0WWCq . personally appeared "I A2r'j^0 1A hw��i w ear�t-►� ., �. ersonally known to .me proved to me on the pans of satisfactory evidence g to be the person(s) whose names) is/are °i subscribed to the within knstiument and acknowledged to me that he/she/tttey executea the same in his/her/then authorized capacity(res), and that by his/her/their ' ENDALE TR/%t<1 signature(s) on the instrument the person(s), or K _ Co NDA'LE # 1M8i the entity upon behalt of which ine persons) p Z a Notary Public - California acted; executes the instrument. < M Riverside County WIT f= my hand and Official eat My Comm. Expires Nov 23, &Wwwe W Nowt' r W. OPTIONAL Though me dirowwoon MWVV 19 nor rpgwiep oy raw, it mar proud vale bld ro persons relying on me documdrit ulna cuwa prevarn . . . rraudwwr re» iov rl ana reanaclwenr ai MIS ►orm to anorner oa union. Description of Attached Document Tiue or Type of Document• IU. t /a T pw AC'Mem Q/,1) Document pate .. - �"� 7 r� Number of Pages. Signer($)- Omer Than Named Above. Capacity(ies) Claimed by Signer Signer's Narne f = Individual rky a nkA110 nape , Corporate Officer Title(s): 1 Partner — C Limited General A• I Attomey-in-Fact .-i Trustee J. Guardian or Conservator Other . Signer is Representing: .F.1 JQ: = ."C •�Y�v`p=/vim' E.` - +`LY4" 3iits 'ie�'i�lJ�''st4 ]ri.'1s►c.13.."'('+ ."�s'�. .r`i'�n r e�iv�` 'S.Aa]r��„%� `�i' is t N]1 OfL�1 MUIV P—WQaWn • U15U Do SUM Ave .. Po 8Vjt ?4W• i'.pXw*M. y to j j k41L y ev r wa.w na1�A1wp1�W1 a� PM4 No gol ria+xew c r latTive I ouU•076.61427 COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31348, The Estates at Point Happy, PH Ranch, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreements (SIA) for Tract Map No. 31348, The Estates at Point Happy, PH Ranch, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND. AND OVERVIEW: Tract Map No. 31348 is located south of Highway 111 and west of Washington Street (Attachment 1). This residential development will consist of 73 lots on approximately 38.2 acres (Attachment 2). On March 16, 2004, the City Council approved Final Tentative Tract Map No. 31348. The developer has requested the City Council's conditional approval of the Final Map, which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects that the associated securities and all signatures will be in place within the time allowed for its conditional approval. 11S As a result, City staff has prepared a Resolution, which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (December 16, 2004), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreements for Tract Map No. 31348, The Estates at Point Happy, PH Ranch, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreements for Tract Map No. 31348, The Estates at Point Happy, PH Ranch, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, T othy J nass , P.E. Public Works Dire r/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 113 RESOLUTION NO. 2004-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 31348, THE ESTATES AT POINT HAPPY, PH RANCH, LLC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 3 120 Resolution No. 2004- Tract Map No. 31348, The Estates at Point Happy Adopted: November 16, 2004 Page 2 final map for Tract Map 31348 is conditionally approved submits all required items on or before December 16, Section 1. The provided the subdivider 2004. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction: A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain. all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close -for regular business on December 16, 2004. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of November 2004, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None 4 1�� Resolution No. 2004- Tract Map No. 31348, The Estates at Point Happy Adopted: November 16, 2004 Page 3 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 1r)0 i. 4w r _ S. ¢>l1 �''3 � `i�. 5` t �' }`= � J�„d''Yi r 1 to 1. �� •, � �= at } j1 f! ,,•Hr- L« :. ,.4 : ✓ •, A .3 i4 � � Mar � .9er n c �•, " � if� t t t �' A d° ° v E., r «. � . R .. - r i 'S T j€ € g x s 52 � r, �F`y t � � � � i-� a �.. yr V F t. 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AND 1W Bf um tIQIMam Liu T c MaIBiN111T 1NE MUM OR TE OIBir NON BnMLF OF MM *9 POW 15 AM EABCIam 11E WORN1BIR OWEEN Nf iwMk swiriNEDMf FMOIO ft F1ACE OF SUMMM NOTARY PJBLC 11 NO FOR SO S1ATE 6 rim SICN%ff SIISSIONS: SSE s1iEET 2 FkDlbd—MGr AT It M OoON__ a- Wft Arm a7MENOW a11E MY R ML OF TIE COY OF LA OLN^ L1a FEE cARr L. ORSO. OO,on BBCa1M0t or OEI'IaY wISONSON 11IARM1M�3E ar MOM ME L161�E CMPMN m mama TO O%M US FL DWM M ME BR LIpM MT NOW= AND 6 SASm UPON A FEUD SuNkV M CRWQ W U MIIN VC 1lOUMMW M W TE SWIMO10N OF ACT MO LOCAL 0111MNM a M: ROMLST E W m BeAWWK iLA N A *W. 3N& i NNW STALE INN ALL IIOM09M ARE OF 111E Ci%NACI01 NO 0=IP►:M P09400 OOII'M0. OR 1M1T IN& iaL E SET Of sm P0910NS; NO IRW SILO 001100 M AME SUFi1CWQ 10 DME 1E SW4 V To E NEU1ARM 1 NOW SUK VW MS FLAK IMP SLO MINNO COIf0116 10 TE COiOQq w APFRD%m 1MtA K 1NP. L�1A1 MAIL. . 5004 � wI CAIf M LL 40 or # r► �� 1F aw Cff SURVEVORS Sf X3W I MAW 5011E IW I WAC E70060 TE WM MAP OF 10ra ID. 31340 CONBISiM OF Va1ei (r� fA1BE1s AIM i AM lA1L1PR0 TMT sAIM MYE+ 6 1eCNMCN�]r OOINIeCF. ow. . Im A c laa3 CITY D MfFSRS STAtt]e f I N1 W SOK Iff I WE EUAMIOD TE WM AINIM NAP of WO X& 3130 cope " 1E wan 7M Sam MQ 1W am mN Dom K mN a suawawlr TE DOE As R OPSIVER ON 1W 1ENB K WV NO Mf A "00 A M OG *WMIFc IM ALL ROOM OF 1E SUBO1p1011 LOM ACT a* ANY COLLIE O10MwICES JMPtCArLE a VC TLE OF APPIOML OF IM IEIIONAIE YAP WK BLUE COWUM MOM oA10 . tool tAIAOAR B..a1rIEft AGE ID. 4500 CO. IV3110 Pt111A: rasa olleaoyalr EMOIEBA a1r OF LA 01" aff ctsym STi11EIiM]IT I AM L oKoc car cm AID oc-ar m am aF 1NE am aowim of t1E an aF u G&VK CAu Mft NalEer UK UK WCar MN CL a as REGULAR IIMW NnD *I TA - w OF . sm am" m 9" IALP E tlwx wv Na 313* AIO J ILIT I I11MPf Fat PAW Mt1ELT AND UNUM PIEOSES, AM 600 YSM OF AW �V Im AM A D Aor 94301M to �i1 R 014AML AW Im PAM Clain% &40dm Al BOOM 101EDIL cm Cal' CLE11I AM EX-W00 C1mK E TE Cif 00111CL COW OF LA O ANTA C0 61M OF ACCU TANM 1 I w f37w VW Ism 1E AL1010M mmu E iLE a 11E s011IO E 0 E IC OPC11ML Pill I r PE Oi011I11M1 N0. 15-M SIM O%EM 12. IBM vW I ACC MT a BL1MLr N iiLO R1a1 46 vjcce ol6 O1 ARM& TK BOURN Of rAmwm Pat EIACBV'AL POIOi1t FAAtulo a WFu m. MML slmm EISM011E BE LOOK 0900P W SUFE1k=R cwcmw WLW Po1at 0AA11oN 9HEM OF A—D PoM i ME W ecR11Fr W BIER A1LiAa W 44IV= 10 WE ST 00CLUMN NM 711-146. 000 SOLO ME0 M iIK I ACQPs ON SWAY N 1E CO 09W WtW w= Ban= TiK 0195JVON OF 6IsElABlns FOR BOiESIIC i PM A10 SMQAM PUBPOV3 AS OFM0 ILEA. J11uI► Fonrmn mcavoN COACIEIIA %am am I I W TAX COlJ.6CtORS CERIIFIGIIE I IEKW C=ffV "W ACO000I110 TO TE a6170105 01' IM L1FTCf. As OF TK 9 tFM ALE. No LEIS AGINN IM F=0IV 1101 ON VIE MINI MAP FOR IRM10 Ste, 001MOY. MaMOMAI OR Loft Wo 0VMMt AISES UM alt *= AS 11YM E10CEPF V= OR COLLMM AS No F109 A tok BLR IIOT YET PAYABLE V"ft ARE UNNINID TO It 11X DOMO CERMM 1 iEW CEITMY TIMT A 00110 IN WE VA OF INS BK11 Etem m *8 R.m go AE somo OF SLVGB R1 OF ME awl OF memoo UIM OF ALL 111E'i, MMM.. IIRBW& OR L N. K PON As NL Rem AS9EMdM COt WM AS T1O{ES. VK" AT IM 1MAE of RM or 11Ms IMP ON IW COt1AY O MMM AM A LMr1 AMUR 90 FROPM Off MR YQ FNYAOE AND SAD SMiD NO NM My APPAMED V( SAID 01000 Of WERW00 . WE CON YM sm CLEIaL OF m MOAQO OF i1IPMNam caum vx COUACIOR it BEPI1IY or OFPIiR' 1' N THE CITY OF LA QOWA. COLWY OF RNERSIDE. SiATE OF CAUFORMIA SHEET 2 OF 7 SHEETS TRACT NO, 31348 BEND A WKWISON OF A PORTION OF SECTIONS 19 AND 30 TOWNSHIP 5 SOUTH. RANG 7 EAST. SAN BERNARONO BASE AND MIEF=K RECM OF RNERSIOE CUM CN ORNHA. MOS CONSLUM .MM 2004 GARY W. OOIOCH L.S.4693 SMTURE OMISSIONS PURSIMW 10 M=M WX OF iK SUBDMMN IMP AM THE 5MpNTM OF 11E FOILOMMO OMM OF T/19E11OM AND/OR MU MTEIE515 WK BEEN MCHD RESpINiMO RECIIED N THE PAW fROM 1W UNIED SPATES. StMkW TO ANY VFSIED AND T111ER MM FOR MMD. AQVDAJUIE. WIMIFACIIRMO OR OM rJV%% AND Wo TO GMM NCI IESERVORS USED N CONNECIIDN WN SUCH WAM MM AS MAY RE ABOM O AD ALINOABM BY TK 1DCAL WSFOMS, UMMS AND OECL91 G OF ODINIS, AND A RIOHf OF IMW OF TRM FOR MM OR CAWS COIGMUCIED IN AUHIOIMY OF TIE MM SBUES. RECOIIOED AULY 31, 19M M BOOM 3 PACE 221k OF PAR=. AD WOW 18, 1915 N BOON 7 PACE 79., OF PAiE M AN EASEYENF FOR UMIrr1Y SLOPE,. AND MCM 09AL PJMSE;. N FAMOR OF TIE SPATE OF OUVW M NSRR W REGORGED OMBER 3. 1NM1 AS MSIRUIIDQ NO. M5404 OF OFFM A MM N F*M OF IK STATE OF CALMORIW OF AFY CIAI FOIL OAMAOF.S To SAD LAND BY IIFASON OF LDCAWN. COIISTRUCTION. 1AWSCAPM OR MAIiR WOO OF THE STATE M W OR FREEW CONTIGUOUS iMMM, AS COFRAED M THE MM REOOIIOFD OCTOOM 3. IM AS IGIM MW N0. iM OF OFFEK RiC01IDS. Al FAS009 FOR NO NCDO4fA. PURPOSED. AECOF ED OECOM 11. 1972 AS RISIRUMEM N0. 1635.14 OF OFFICIAL RECORDS. THE WZ= CONUM N M M5IRIRMW DMILED WIAW OF ACCESS EAiEMENf AO CUM TWER MM GATED APR 21. 1M7B BY AO K MTi1F Eft R IMEINAN AND FUORENCE 0. KOMWI AND NEMM MM A CALMODM CDWM%ON. Wo 1FE 1ERM5 AND CO b=a AD C WWfIS TIEAEN PROWDEO. MAY 23.1978 AS MSTMREHf No. MM OF WF Ml FiCOIM)S. AN FASOM FOR THE M W TO USE, lAVHMN AD WM AND PERYf MM TO USE AT MY MM M FROM WE 10 TMME A RUM. NO NCDENTAL PIMWOSES. M FAMOR OR POW M" COFIER. A GMK PARIIW". N W MMW RECORDED NOVOFM 27. 1M7M AS WIRW" N0. 251003 AND RE-RECM D FMVAW & IM AS MSIRIREIIF NO. 26378 OF OFFEK KOOI & IM YATM CONFAED N AN P SiRUMM D MID USEiENf AC EDOff. GATED MM. 1091. BY AND IF1 D& IOEMYMI AND. PAR. M. "JW^ UPON THE 1ERYS AND COMM AND COVOWn 14RM PWADED. IMMM ANMMRY 31. i"1 AS MSMLWD f N0. OX542 OF OFFI ML NECOML A NON-D CLUSIVE EASEMD9 FOR NIgIESS AND EGRESS OWNS NNW 11UA M MpESS AND EGRESS FOR AFIOWKM TOICMS. PEDESIMMN9 AND WUREAI) AND UI unis AO NCDOrtAL FUMMM N GEED RELOADED AOLY 1% 2003 AS NSIAMR ND. 2003-523914 OF %TiCMI MEODWL 1 `' IN THE CITY OF LA CAMA. COUNTY OF RNVERSIOE, STATE OF CAL FORNN SHEET 3 OF 7 SHEETS TRACT NO, 31348 1313W A SU90NISION OF A PORTION OF SECTIONS 19 AND 30, T WNSW 5 SOUTH, RANGE 7 FAST, SW BER PNIM SASE AND MERa ^ RECORDS OF RIVERSIDE COUNTY, CAL FORW MDS CONSUUMiG Uf, 2004 GARY W. DOWN U4893 P P 7' (r ' 1.iD7Vz810 t, 1 m r 9Rws cw N 9Etl Mow. SwM •ow. NP. m 97142oAr PFR PIN 140/!7-N ! PIN III/7D-J0 I1>91r & 1a r sm coo R11L am nN 1!7 s4 L , `� Srnrm "aL 0N. NI1r. nS+41A 1 NAR1Nt PER PIN 1!0/p-!! t PIN 197/2e-30. RECORD DATA TAKE FOR / ?1M'A1' 111 TRACT 229" MAL 210 9-12 N0. BEAAINO DISTAOICE + ! / ' _ T..•- _ 1-••y w iplf' Isal PARCEL. MAP 1028 T. �.. rya,. �• ,� Ie N 5r43 SrE I 12alr PMB. 124/47-40 f f, y Att AS W. tNr. III t SeclNE, FL C ir, AS UO N 1/4 COOL 30 _h n°/ SHEET NO. b A9 7/r !P. PER P.YB 187 30 w2B34'4rE 30.4r : Pw 24/47-N .1�$jj m Wvwi , s WNW N19'27110'E. 7B0.B2' NBP2TOB' ?� i I ^ --1__-------- N1r2Y34'W F 66IB - ,7RAG7 No. 220Df! 1 25 24 23 22 21 20 19 18 17H141f,15 ( t� M9. 2'b/D-'12 N3I'SrICW 70.84' E 2521' / LS. 3018 NZS� V4 r[ 70.19' / PM.NER B. 210/9-12 N90000EE 111. wrr3Cw Tt1'n 40 41 -• 26 27 28 129 30 31 32 12 L.S.i�o I.P. N I aio 4N �u E 43 39 38 37 'fillI36 35 34 -3 —10 ; PER M.B. 210/9-12 1 73 _ - 9 - rw FD. NrL t TN W PLUO -" 5 1 2. 3 4 6I �7 l 8E NB1r44rE ILCE. 1184 FUSSpH NNROCIL.-ESTAB. B1 NT. i N UEU OF I I.P. LS. 3016 1 SET i I.P. 11A0' PER M9. 210/9-12 I.S. 4493 _ 46 49 ; f � 4 �4E� wtr4ew I PONT SIT AL 3/4' L►; IS 4420. RIISt. 47 50 1 L0� A.9Q ItIwF ADC. AS WO CORNoI M R-20A0 FM C LP. N/10Opp PUIC III. 2043, MR. 41/7 - � - �vm_ PNY1 L-31.47 TRACT ND. 0847 L.S. 230. FLU9L I 48 51 0°iEl i Me, iDD/86-71 PER 4o20n-IL ! Fn Xr Nr, w/ t1C, FFix AU! AS 11M4Y t2RlRX Fix 52 4 _I_ NO. 7 J IL MKI we. 41/1 �- —1— — J! l NSNEET NO. b _ 53 1rE� 4SE r� \rNo.a 54 "= ". Rm SCALE 1"-200' SURVEYOR'S NOTES PEN 55 R 1� 20%.wL-41h1- —i— - N — INDICATES FOUND MONIRAENTS AS W70 / i -TRACT ND, 21,43 1 1 56 ' M9, J4'I —7 •_ __I O — INDICATES SET I' I.P. TAGGEI) L.S. 4893, FLUSH UNLESS 01HERMSE NOTED I r, 57- 9 1a 3/4' I.P. No 1A1's FUNK_ f NON PPE TAGGED LS. MIA FIM OR Wff t I 5 ELIL A bhl-u ' 73 TO BESU 9 ALL � COMMt Oft IS. F 72 IN CONCREIE 59 f - 1 ... __� FALLS ON FACE OF CMLWAND TACK lTAMEDL.S. � 4013 N TOP OF MIS ON A 020' OFFSET. TO BE SET 71 60 7 L _f1 AT ALL FRONT LOT COINER& EI CEPT AT 11" EC.S t P•R.C,'S THAI ABLT A STREET 00 ARE NOT LOT I ._ 61 COMERS YARKNG SOE LOT LINK NA TO BE SET AT 111 69 ` - ALL COMM INTpF6 MEci. B C.S. EC S AND ALL I 62 x �y - OFM CENTEII.9E POINTS OF CONTROL. UIIESS j Olow DEarrsE HOED. E9T BY WYNDNNc I OB _ 63 ti' �t�• I l_.. _.� I CENTER SECIpN LINE. _../ SET r I.P.L.S. 4N3 _67 64 � F0. r IP,IIp ITM.:lU L P . smim 1008/32 I \ 66 �._. ALL MONUMENTS 9101M1 'SEr SHALL BE SET ACC 11 . KA 41/8com1- PER__. ..� N ACCORDANCE WAIN THE MONIAlENTA110N 409.4r 6S -! m 21r17, M/. 4o/ln-u 1 ACIUMENT FOR THIS MAP. UNLESS OIHERRISE 311 E - - I �� 11I r-- NOTED. �tN9 29 4SE 7 v-1 - - — — _ NO7.^!_) I- - NOICAUS RECORD ETA PER TRACT NM 2117 I _ _l _. L _: .... - __ - I N __ l i M.B. 4o%BI-03, uREss onERw6E No7E0. L\ ' ___ .T -r.._ .r•' � III m < >- IM113 RECORD ETA PER TRACT NO. 2043 M.B. 41/6-7. IRLESS OIIYRNSE NMI _ M 40/8�3 I I - IND07M RECORD DATA PER P.M. 11020 Ij..._ � _� P.N B. 124/47-49. IRIE% OIHERRISE NOTED THIS TRACT MAP CONTANS 73 NI)MBERED LOTS AND 1 t 9 UTTERED LOTS. THIS TRACT MAP CONTAINS 3IL17 ACRES. BASIS Of. BEARINGS TLE TEARNOS 94M HEREON ARE BASED ON THE o CEM7ERLK OF HIGHWAY III BEIMEEN STA. 966+41.98 AND STA. 978+20.94 AS SIIM BY PARCEL MAP FILED N 11M 197. PACES 28 THROUGH 30. N THE OFFICE / OF THE COUNTY RECORDER OF RrWERSIDE COUNTY. L _ _: _ _ __ _t ..._... ...... CALIFORNIA, BEND NORTH 3216'Ir REST. 0 go. no 400 601 on IN THE CITY OF LA QtWA, COUNTY OF RNERSIDE, STATE OF CAUFORWA SHEET 4 OF 7 SHEETS TRACT NO, 31348 BEING A SUBONISION OF A PORTION OF SECTIONS 19 AND 30. TOWNSHIP S SOUTH, RANGE 7 EAST, SAN BERNAROM BASE AND MERIDIAN. REOOROS OF RNERSIDE COUNTY, CALIFoRNY1 MOS CONSU.TM MAY, =4 GM W. OOKICH LS.403 \ CURVE TABLE EMSEM ITS \ / M IELTA WM At L9 ~ 10-. BUYS A 10.00 FOOT EASELEM FOR O / 2 1 alx 317A1' 462r PUBLIC UTLt1Y PURPOSES 0EDUTm T° 3 n•s3•sr 3I7Ar MY }I NIPOBRL ItlgCATIM 01STM T. \!� 4 e'1991' 317A1' 46t18 \ S 49.16•N' Imw 9BB9• •� 6 7•N•46• 3KW 37Ar 7 i4't9.14' 42323• HIM a^, \ B 16'33W 294,70' IMW PARCEL. MAP ID020 PJAR VA/47'-40 M rs�i•Ie- z9M w _ ®- e1 015 A I0.00 FOOT FAMM FOR N 71l'NV Wr U36' PIISIO Ulm PURPO6E5 OEUICATm TO \ CITY OF LA 01NQA _......._.. _ _� SEE SHEET 3 FOR 31I111 OR'S I NOTES AND BASIS OF BE400 I NW2rWE 7Be.e2• 74JW 74.e0• 8&25- µ. IV WSW" sm 20 19 18�, 17 = 16 15r`z,, eh a 44 r � 14 r`i 4 N OF SEC IaIE. 74A4i e�T 1e•?0' P LOT A 'A AL �4�sIfE i� t1� � i7 a�esj ��'�1tr� e 13 �• +�\ �o CURKE COURT a o - 27 28 29 = 30 31 = 32 \ e.It 7V L-30-V = I SCALE 1•-50• ..� 1es' leS• WE IQfr 70AW 70.00• 112.51' C ) 11 71.W 71.W e7A4' I � 3r_ I r 33 I Ies• SEE DEM L SHM NO. i � — — — — i 38 37 36 = 35 3410 z 6; Vol �S J 3TE " 7 I j1.71 7V 64 NIP10 i E 141 e0 q S id I a �.J� 7l ►.J 2B RAD N6747'3r 51 HERITAGE WAY LOT B 17'• sr,r Rom'-1ioo:o�o• Lq7�4. w�• �----- - � ,�� E- 9 WAR � ao AC. _ el r 22z7 R=121B. so Lam. w ►� n' ; 14 IXW p s f,Itt04 �e I Is I:t 14 IRI 1 2 3 4 5 b i b ,= 7 �_ �� \ 8 W I ee so eB soI taw �� `L \ LOT E � I NW4r.WE 331ar LOT A ,, L21 AL µ' SEE SHEEE NO. S 1411 AC. orEr1 49 7FL4C7 ND. 2D43 — \ 24 I 26 La i ACD. r _ N I I \ 23 I I z, I ,� � LOT I I \ I 1W4W14'E ISM50 1=e 22 n ,,,OAI„ VAN oRrrE N1N14 E I 51 a 52 B 25 sB to tso \ 200 17 - -- - ' SEE SHEET NO. 3 _ I — — 1- •....._.. ._§EE ToELULTsNEEr - iNo: •7 —32. tit w IN THE CITY OF LA QUHNTo% CMM OF RIVERSIDE, STATE OF CMJFOMK SHEETS OF 7 SHEETS TRACT NO, 31348 BEING A SUBDMSION OF A PORTION OF SECTIONS 19 AND 30, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAW BERHWi01N0 BASE AND HIERIDUN. RECORDS OF RIVERSIDE COUNTY. CWF•ORNK BIDS CONSULTING JUIrE. 2004 GARY W. DOIOCH L.S.4693 l » E31i NW2rQCrE 78M �- s 31SY 703V 74JW 74JW {.a0• 700' 74.a0 4.a0' e•a2'49't4' � � Q � �: pp L 30.3t � •`- - Z 25 '1 ' 24 23 22 21 w 1 20 19 18 17 :mob/ v -Z $k �2 14 ' W ^ I r�7/�P A`�,14. 27A7 NatOfJOCE 13a7T 36M -CV04 e1441 t �_ 1= = b i N 000Od E M�p'` • N0P0001f E 1a091' LOT A e-1v 2a R�o'o 1.1a7. 02' i LL-M oa if Ir-I ��VV j 1 J- �i' (oA L-4 -5 ' 1 A-1 1 t IbS4S1 E taa.4Bf- 'Q'R lis AP Baal. as L-1�. z4 11) m R40 XiN Ni'00'O�t 1sot�4lato0m 71.44 ® 2 ® e`1J 4J'11. R.a00 DD L 143 ir� 4W 11164t+- t+a g e-r 3r 2 rRNAIE —"i t] 1- 3 ,\,� i ai 1w II L•6a. SP b'0 J u' 11' R•a1a so' L•14a 10 !�►�(' :r '��4�� _ WI L.0 11— _ e.4r30 34 e-r 3a'a Q, j•fltr9 `�l¢�/�/°,, ��I Nt 2Iaaw 1a3 1a3' 1 ' k1 WI L.70.27' W .L-d0.0Y In °.R11'OE N1'000lt11 r � I'. 1�F b1 4q t & L.3111- � 21.a0' 26 ; =1 �i � E, 1a E 27 28 29 30 4110 s ,naE NW273crE °�. w 73 Ya 1 r L� $ _ Mom, IUI AL p4osf ' N o iI1B ,� ''b.. 42 11 "° °�.oa• � I � • am - a , 104SEro1rs i x ^ �' 39 Q- NOICAhS A 10M I= FASWIt FOR MM f1MM PtAWMS DIMMED 10 $ 0 1 = I I 1wElK KIW,A70 o191RICT. ®- EwsE M TO CVWA 43 �� . tes 1q4,s I FOR 11011ESM MM AND SVOTM PURPOSES AND TO IHE CRY OF IA IRM A 1T71t MMr M7-rye, Y � 1M M PURPOSES, INGRESS AND EGRESS b' OF SERVICE AND E11FRGM VEFAM. ©- MWATES A 10M ►GOT FAS9M FOR MM VMOSES 11EDICATED TO .. Il j l 1 ua 44 © 11NAg40E MUM1es fir'- 5- ` SHOKWA�1RIAfEON SEE SMEET 3 FOR = s E 1 SURVEYOR'S NOTES AND BASIS OF NE41M r'. , C a 45 rt 1r CURVE TABLE SCALE 1'-5O' f 1µPADS 16 DELTA WM ARC tbT 1 7'IY3C Mts1 UZ7r 2 13"N24a1' 39A7 3 3r47V 34M 1914' 4 WNW 343r 37M s WON 243V 38M 6 Ir49Tlr mar 3L44' 7 INM MM 67.9Y I LT4972' 21N3t 67AY 9 tr49" r 30M 76N a 93'1s'3r 24M MW U r4r4r num 17e9' I2 1674'24' 41a31' ME 13 WNW um %3r 14 !tars!' XW 602a' 13 33 MY ON NUT 16 MAW ON her 17 21'EE7r XV 14.36' I0 %V4r 243r 19.7r 21 46'fS'2a' 24V Mr 22 2r2PN' 1433r aaW t2 27'21'a4' ON agar 24 27'2YM' MM SW 25 2r4l'V [ON69M E6 zr4r3r 12sn' 6a4Z 27 2r4M MW %4t Zs O 26'""N N 2e7t 29 W36W MM 34M 31 tls"fa' 90101 41W 31 N'It 3I• 911N Is4 Y 47 ` 38 37 1 36 35 IUJ : 1 MT 20.1C l 71. a3' = Ld1.56' d^ 1o&wle s{'1 4: T 32' Ir RR.11iao. W i�i4 3uo O.N A ' I PR1w41E 7� t r' —fi— �e'2 Oi•St -tr22' A-1211Lso' L- M. ; r— / 1 .-... " 4 E.43.If etT f3' A413'2 ' _ W1 E•aa.72r W E�6a 5Y s 1 _ 9 ry 99 9tg� I n i 1 =1 = a 1 2 4 18 ^a 5 Ia.a3' pg114'41 °i:iro7e 48 73 test Ac. � OPEN smu 1 0 a. 50 w 130 Z00 ,g MET 1 I M.51' 1 47.SY M.50' NW44'4CE 17a.47 4t4CE Mir 0 49 itl, 3/C I.P., LS 44M FLUSH E• TR. 2043. WF 41/ CMV PER WE 1 .7a 23 1�z TRACT ND. 2D48 50 MA 41/8_7 PA . 07 CE Ki 22 j Nat44'4CE I �T IDL51 A 721'31P •ILW Is b V L•11.ZT Nlr44'4,rE 1 h i % 52 >� e-t571271 / lrla.6s' / FA 3/4' I.P. NO TAG, FLUSH _ ACC AS IR4CF 4 TP_ 2043. M.B. C PER fo 53 'tCE b I SEE SWEET 140. 6 M. 3/C LP., LS 4420, WISH ACC. AS TRACT CDRM PER TX 2044 N.L 41/6-7 -' 1�f110111NMN0�71 A-13-p 1�� IN'IK,cT� of u► ci (t�, i ou of RIVERS , SAW of CAtFoRNK SHEET a of 7 SHEETS TRACT NO, 31348 BEING A SUBDIVISION OF A PORTION OF SECT10N5 19 AND 30, TOWNSHIP 5 SOUTH. RANGE 7 EAST, SAN BERNAMM BASE AND MERIDIAN, RECORDS OF RIVERSIDE COUNTY. CALIFOI*M MDS CONSULTING ME, 2M GARY W. OOKICH LS.4693 �"-------- — _ ' - --___ ,Es. --- ' � �_�``rJ� 144/184. / SEE SHEET NO. 5 l 1 I . a> s a t 48 52 w 21 E , I* FD. 3/4' W. No T., FLUSH TRH. 2M ,1MCT 441/6CORN7 PER 73 II bx 53 t t4'E r% j t I 1{.31 AC. s71 ' Jnx i t i �3/As�1a a LS CORNER t� 10 om it 2043. w.a 41/I-7_ ' I � �I 54 � I 452 W39.I,: I I 4•1r ` I I"� ' z� LOT C I'� I I I I Ii 55lw I �l \ t 2 E i s i 2II 4' . 1 I ti s t I 56 1--,1- NW31'14'E 752.31- +--I I MR I � � I � 1 I ( , .r --------------------- .r ---"� - DETAIL *9 - NOT TO SME I 57 / LOT G I TRACT NO. 2043 &M AC. I MB. M/8-1 73 I 1 ! I om NI �, 58 FO. 3/r LP, No YA � I►Acc I BI4 _ TIL AM AS AMMAL CORNER PER Q- tNDICO A IOM FOOT EIM M FOR � � !t MUSK Mi UMM P05E5 OECICRED 10 4 '• wow IOIIC m" Ob1RICT. ` f !g N 0b 3r; 2 E — _.� � _._. __. __ �.. .._.._-- WOW TO Crw.O. FOR DOIAM SCALE r•-so' sm 72 / �? �� 59 $ .� Ale SAIFAROM A PURPOSES ID TO I E CITY OF u IIIMFA FOR MIC a, , AID ur7RAC7 N0. 2ii7 mlr F,IwasEs, tNawss AND txl�ss�'�'°► j�? 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M.B. 40/I1-M I g SEF NOTHM 33 MB. 40/8'1-S3 I I 1()3 IN THE`Cff OF ,U1 (UWA, COUNTY OF RIVLRSM STATE OF CAUFGRNLA 'SHEET 7 OF 7 SHEETS TRACT NO, 31348 BEING A SUBOMSION OF A PORTION OF SECTIONS 19 AND 3o. . TOMRISH F. 5 SOUTH, RANGE 7 EAST. SAN BUOVMMMIO BASE AND 11 MIAN. RECORDS OF WERSIOE COUNTY. Cq FORNIA MDS CONSULTING JUNE, 2004 GARY W. DaOCH LS.4e93 USEMDRS Q- DUMB A 10.00 FOOT UMW FOR PUBLIC Umm PURPOSES 007E TO 111PERML FWAGO 10110ISTRICT. p- EASEMENT TO QYW D. FOR DOMESTIC RAIER NO SWFAT N PURPOSES NO PUBLIC SEE SHEET NO. 4 TO IK Cmr OF LAOUNTA FOR IRem KNOMIX Demme EOlESS I I&W Ies' I 20' } 55. OF 3ERr1cE NO EMERGENCY vo CUM + ®- BOOM A 10.00 FOOT EASEIENT FOR CITY OF 4U OEONy117ED W I I � < fe.5 I W • SEE SHEET 3 FOR SURVEYOR'S Wa NOTES AtO BASIS OF BUNKSI chi ' 10 SEE SHEET NO. 4 jn '� I 33 �t Ie.s• t ) I WD r p 1!_K�93TE 111811*40110E 141.W At • N� $ st e.T 0 f L� J ►AT s-_ZpD 00 � � � iles47 7•E$�11 E � $ 1 9 K INO" R.1lie.50 l' .49'1.Y 1 f I me , Is76 SS 1T 2Y 2T 2Y L�7�}� _ 11S J 1 i. 1E ?e'•� LOT E 1leta IoL8T tE �aAo �i�iM•'w & sarw ( 4 �'' 0.29 AC. ---r- Ilel WWE 3a6.2a ! 44 I \ LOT A I 1 � • TRACT N0. 2043 :OPEN � M.B.41/6-7 I a � I ; SPACE �1 24 20 ` I <� LOT D I ,�'' 0.14 AC. �ti�:� 0.19 a, 77AW b Na3'10 WE SINGING PALMS DRIVE 54.00 lQ � Na0'40'1tE 274 00 30 -�.} .. <.a i-ill .... r-i...�. ... s, .. f. h.!,,^. k.« r;�e�..t 1. :f, .. i.c:.t4taa .. .. ., .��:tit\,s�s.4'•� ..:.1i��r ti... CITY OF LA QuiNTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31348 OFF S/TE /MPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between PH RANCH, LLC. a CALIFORNIA LIMITED LIABILITY COMPANY hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31348 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Govemment Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the .installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. imorovement Plans. Prior to submittal of the Map for approval -by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. Additionally, off -site street improvements including the traffic signal on Washington Street at Simon Drive shall be constructed prior to . 20% occupancy of the Tract. The developer or his design professional shall be the lead in the construction and installation of the traffic signal and as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit. fees. A second class of security to be provided by :Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security;" shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. - Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. 14 1�1 < i : ' T1Proj .be blc rfient`Divjji� velop . ft i cWA�reeMs9!4%W%SU1s In Proyre Tft Eshihn TM3f346ioFFSITE,SW.doc 'it + , .�.k;k As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security 'shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to cant' out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand. of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such *time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the .amount of performance security except as otherwise set forth in Exhibit A. 15 1 a ... ; T:�Pro)ecf Developnre(ii Division 0ev�loprt il'PrclectsVbnements\.SW\SIAs in-ProgressMe Estates_TM3iMMOMWE_SIA.doc to D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable Tract the form of security provided. Administrative fees shall apply to the subdivision (final map, map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as: the performance security it replaces. Administrative fees for security shall be as follows: . 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the ebtablishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). .3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost " of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdividees share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for ParticipatoryImprovements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing "Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdividees Surety for payment of said cash and Subdividees Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of. premiums, modifications of this Agreement and/or expiration of the time for. performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) . days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the -completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 00. days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 16 T.rli+roject peVelopment1�ivlslanlEie�retoprtient Prokcta-greementsyslA ms in Pmgress\The Estates�?�A3t"34810F,FSlTEySW.doc : G. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding -requests by City for performance of work or provision of materials under the -terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its. best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City, and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements .in response to changes .in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or_Subdivider's obligations hereunder. Additionally, off -site street improvements including the traffic signal on Washington Street at Simon Drive shall be constructed prior to' 20% occupancy of the Tract. The developer or his design professional shall be the lead in the construction and installation of the traffic signal and as approved by the City Engineer. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall fumish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that tiotvistoR ' 17 V►greemenes%sw�Sft 1h,FrorewVMeEstates: TM313i8wFFS1l �slsWdoc r�reka oe�opnen �c�e�c`e the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval. letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in Califomia, and the plans.shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council,. against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13.. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any; that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and .agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18 t. roject Dis�elopment 6v4sioh tiprojeotslApreementASIMSIAsIn Pcogms0be.E30"s_TM3i348�OFFSIrE_ IA.doc �• v �/ _ . IN WITNESS WHEREOF., the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Subdivider Address PH Ranch, LLC 71361 San Gorgo d Ran it 2 70 Y: Date By: Title: Reviewed and Approved: City Engineer. Approved as to Form: City Attorney Date Date Date 19 ,. T 1Proj-W'.D et ptr�nt:b Yisian\ by�eCGfprrtdit' _ _$IA.doc - ts\SIA1SIAs in Pfoss\The states TM31t8\QFFSf[E Exhibit.A OFF -SITE SECURITY — TRACT MAP NO.31348 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. , Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street Improvements $ 41,680 $ 41,680 Sound wall 6' Block $ 144,000 $ 144,000 :Retaining Wall $ 147,000 $ 147,000 Landscape & Irrigation $ 12,600 $ 12,600 Access Gate $ 5,000 $ 5,000 8' Wide Meandering Sidewalk $ 18,000 $ 18,000 ,50% of Traffic Signal & Appurtances (1) $ 115,000 $ 115,000 Totals $ 483,280 $ 483,280 Standard 10% Contingency $ 48,328 $ 48,328 Total Construction Cost $ 531,608 $ 531,608 Professional Fees, Design 10% $ 53,161 $ 53,161 Professional Fees, Const 10% $ 53,161 $ 53,161 No Plans Contingency 25% $ 132,902 $ 132,902 Bond Amount $ 7709832 $ 7709832 1. The developer shall pay 100% for the design and construction of the traffic signal. At the completion and final city acceptance, the City will reimburse the developer 50% the cost for the design and construction of the traffic signal. 20 � v :T \Proje� Dev�lWf*0 6visianit�evelop'neM Proj�S\A9WMts\.SU�1SIAs in Pro lTi�e Estates_TM313 F SATE SIA.dx i STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) On October 22, 2004 before me, Kim Gruba, Notary Public, personally appeared L. Richard Wilkerson, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed. to the within instrument and acknowledged to me that he executed the same 'in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. QX,m Nan i 1MW6 No licy tueNc , CaMoNN0 M�n10� Crai * CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31348 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between PH RANCH, LLC, a CALIFORNIA LIMITED LIABILITY COMPANY hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or. Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31348 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the Califomia Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this -Agreement as listed in Exhibit "A", and shall bear the full . cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be. constructed by others ("Participatory Improvements"), and payment of plan check and permit fees.. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to. construct the Improvements. A third class of security to be provided by Subdivider, hereinafter •referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the. face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing the obligations thereby .secured. 22 1 T.1Project Development Division\Development Projects%greements\SIA\SIAs in Progress\The Estates TM31348\ONSITE_StA.doc B. Improvement security shall conform to Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or. better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien .shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be .fumished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly. authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and. shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay. to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments.' The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 23 Wroject Development Division0evelopffmt Projects\Agmffwnts\SIA\SIAs in Progress\The EstatesTM31348\ONSn1 _SIA.doc 1 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.8., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. ' Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and, shall guarantee - the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment .of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final. completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction. of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to. guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions. of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) if, City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days. after final. acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not. utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warrant*4warranty1 1 c r:\Projec:t'Developrtxnt DivislOn Development PmJe MAQreen-ents\S1A\SIAs in Progress\The Estates_TWI348\ONSITE SIA.dx security shall be retained. until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work. and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider.shall use its best efforts purchase such real property at 'a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City -may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the .Improvements within ninety (90) days -and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the .City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards. or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider. shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies. having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 25 T-\Pr*d Develgwwt D1v1si0n\DevN0Pment Pr*ctsWgreements\SIA\SWs in Progress\The Estates_TW1348\ONSITE_SIA.doc 4 ti ,Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performedwithin sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys fees incurred by City in enforcing such' obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with .Subdivider's performance herein under, including costs of suit and reasonable attomeys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or, amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties' at their respective addresses indicated hereon. Notices, personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 26 J 4 3 T: Development DivislonXDeWopment Pr*ctsWgreementMSIA1SIAs in ProgresslThe Estates_TM31348kONSITE_S1A.doc C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D.. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing Party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 7601777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk SUBDIVIDER: PH Ranch, LLC 71361 San Gorgonio Rd n o Mirage, CA 92270 BA�� a� v. Date Title: By: Date Title: Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date 27 1/14 T;O►oject Devebphwt Division0evelWnent Prof M%Agnwn-entslSlA%SUls in Progress\The Estates TM31348%0NSITE S1A dx Exhibit A ON -SITE SECURITY —TRACT MAP NO.31348 Improvements designated as "Participatory" have been or will be constructed by others. Security form Participatory Improveents shall remain in place indefinitely until called upon or released by City. Monumentation security , shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a' maximum, of two partial releases total o performance security. Partial releases shall be for, not less than ten percent (10%) of the performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading (10% Excavation Withheld) $ 230,080 $ 230,080 Drainage $ 391,210 $ 391,210 Street Improvements $ 303,420 $ 303,420 Domestic Water $ 190,130 $ 190,130 Sanitary Sewer $ 126,150 $ 126,150 Dry Utilities $ 180,000 $ 180,000 Monumentation $ 17,240 $ ' Totals $ 1,438,230 $ 1,420,990 Standard 10% Contingencey $ 143,823 $ 142,099 Total Construction Cost $ 1,582,053 $ 1,563,089 Professional Fees, Design 10% $ 158,205 $ 156,309 Professional Fees, Const 10% $ 158,205 $ 156,309 No Plans Contingency 25% $ 395,513 $ 390,770 Bond Amount $ 29293,980 $ 29266,480 28 14 _TM31348CONSITE SIA.doc T.Tm)W; Development Division0evelopment Pmjects%Wftments\SIA\%As, in Pcogress\The Estates STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) On October 12, 2004 before me, Kim Gruba, Notary Public, personally appeared L. Richard Wilkerson, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 1aM L 11O C0MM**M # 115Z6)6 No blicMO ©mL 60nftv2& 29 1�� 4 atPQdArw COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map for Tract Map No. 32117, Quarry Ranch, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map for Tract Map No. 32117, Quarry Ranch, LLC. FISCAL IMPLICATIONS: Onsite and offsite improvements have been secured by Subdivision Improvement Agreements for Tract Map No. 30651; therefore, there are no fiscal impacts with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 32117 is located west of Madison Street and south of Lake Cahuilla (Attachment 1). This residential development will consist of 13 lots on approximately 6.3 acres (Attachment 2). On April 6, 2004, the City Council approved Tentative Tract Map No. 32117. The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. The Final Map is technically complete. and is being routed for signatures. The developer expects that all signatures will be in place within the time allowed for its conditional approval. As a result, City staff has prepared a Resolution which provides for conditional approval of the Final Map. The approval is contingent upon receipt within 30 days (December 16, 2004), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk). Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If the required item is not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map for Tract Map No. 32117, Quarry Ranch, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map for Tract Map No. 32117, Quarry Ranch, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, 4ub othy R. J na so , P. E. lic Works Dire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 2 146 RESOLUTION NO. 2004-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 32117, QUARRY RANCH, LLC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map No. 32117 is conditionally approved provided the subdivider submits all required items on or before December 16, 2004. 3 149 Resolution No. 2004- Tract Map No. 32117 Adopted: November 16, 2004 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold ' affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on December 16, 2004. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of November, 2004, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California 4 1J0 Resolution No. 2004- Tract Map No. 32117 Adopted: November 16, 2004 Page 3 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 1'1 Z O f- Z Z O LA QUINTA W w AVE 5 PGAWEST LAKE CAHUILIA AVE 5 QUARRY. PROJECT) AVE 62 LOCATION VICINITY MAP ATTACHMENT 2 w its i k l� R �b k i k � saa � bb Q kill b bill k b R .yb a II M lie aa b b fi � �b(ki b liti R b 11F IV lit 1 Ill[ 11�_ 1� N0 Z N w� 4 ti a, 8 7 Low s it H � Qs i O O ' % W fA W ' ' r jovtwd , v� Q IN a vo Q� a Mu ILO �tto to b t .ist pN Z tD V � awl k �I • h `O ' I "Vol XMIAM I� b1�3HS,33S s 1 J.5 N V in COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Approval of the Environmental Document, the Plans, Specifications and Engineer's Estimate and Authorization to Advertise for Bid the Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001-06 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004-519; and Approve the plans, specifications and engineer's estimate of probable construction costs, and authorize staff to advertise the Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001-06 for bid. FISCAL IMPLICATIONS: The following represents the project's approved funding and funding sources: Transportation DIF Infrastructure Fund RDA Project Area No. 1 Funds: Total Funding Available: Less Prior Expenditures: Amount Available: $630,000 $ 440, 000 $2,691,000 $3,761,000 ($219,993) $3,541,007 Based upon the engineer's estimate in the amount of $1,798,899, the following represents the estimated project budget to complete the project: 1 7 Construction: Design Engineer Contract Balance: Inspection/Test/Survey: Construction Management: Administration: DSUSD Set Aside Contingency: Total: As illustrated, adequate funding is available. CHARTER CITY IMPLICATIONS: $1,798,899 $ 50,000 $146,468 $279,000 $1 19,850 $ 440, 000 $706,790 $ 3, 541, 007 This project is partially funded with RDA Project Area No. 1 funds. Subsequently, the project must be bid utilizing prevailing wage requirements. Therefore, there are no charter city implications. BACKGROUND AND OVERVIEW: The project involves the widening of Eisenhower Drive from two to four lanes from Avenue 50 to approximately 700 feet north of Calle Tampico. The objectives of the project are to improve the level of vehicular service on Eisenhower Drive, and reduce response times for emergency vehicles. The proposed project would improve the existing two-lane Eisenhower Drive to a Primary Arterial-B roadway designation, identified as a 1 00-f oot-wide roadway with four 12- foot -wide travel lanes, a 12-foot- wide median, 7 -foot-wide bike lanes adjacent to the parkway curb face, and 12-foot- wide parkway with meandering sidewalks and landscaping. In addition to the street widening, the bridge over the La Quinta Evacuation Channel would be widened from its existing 39 feet 9 inch width to 82 feet to match the realigned paved width of Eisenhower Drive. To support the widened roadway and parkway on the east side of Eisenhower Drive, a retaining wall will be constructed from the bridge to approximately 600 feet to the north. Signals at the intersection of Eisenhower Drive and Avenue 50 will also be modified. Mitigated Negative Declaration (MND): The City has complied with the California Environmental Quality Act (CEQA) and the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared Environmental Assessment 2004-519 and has determined that although the proposed project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels. 2 153 Therefore, a Mitigated Negative Declaration of environmental impact is recommended for certification. Plans, Specifications and Engineer's Estimate (PS&E): On July 22, 2003, the City Council approved a Professional Services Agreement in the amount of $234,945 with Moffatt & Nichol Engineers to prepare the PS&E for the Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001-06. The PS&E are now complete and available for review within the Public Works Department. Contingent upon City Council approval of the MND and authorization to advertise the project for bid on November 16, 2004, the following is the project schedule: City Council PS&E Approval Project Advertisement (30 days) City Council Awards Construction Sign Contracts and Mobilize Construction (310 Consecutive Calendar Days) Project Close-out/Acceptance FINDINGS AND ALTERNATIVES: November 16, 2004 November 17 - December 16, 2004 January 18, 2005 January 19 - February 18, 2005 February 21 - December 17, 2005 January 2006 The alternatives available to the City Council include: 1. Adopt a Resolution of the. City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004-519; and Approve the plans, specifications and engineer's estimate of probable construction costs, and authorize staff to advertise the Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001-06 for bid;. or 2. Do not approve a Mitigated Negative Declaration for the Eisenhower Drive Bridge and Drainage Improvements, do not approve the plans, specifications and engineer's estimate of probable construction costs, and do not authorize staff to advertise the Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001-06 for bid; or 3. Provide staff with alternative direction. 3 1 �� Respectfully submitted, 4mo�!ihy R. Jonas , P. E. Public Works Dire for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Mitigated Negative Declaration (MND) 4 160 RESOLUTION NO. 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2004-519 PREPARED FOR THE EISENHOWER DRIVE BRIDGE AND DRAINAGE IMPROVEMENTS, PROJECT NO. 2001-06 ENVIRONMENTAL ASSESSMENT 2004-519 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 16th day of November, 2004 consider Environmental Assessment 2004-519 for the Eisenhower Drive Bridge and Drainage Improvements, Capital Improvement Project No. 2001-06 (the "Project"); and WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2004-519) and has determined that although the Project could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made a part of the Assessment and included in the conditions of approval and a Mitigated Negative Declaration of environmental impact should be filed; and WHEREAS, said City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 1. The proposed Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2004-519. 2. The proposed Project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. The project is located in an urbanized area that is built out. No habitat suitable to support special status plant or wildlife species exists on or adjacent to the site. C \(`itvflAnr\CT�FF RFPOPTC (')NJ V\ 11 _1 R-OA\r R Ficonhn%A1ar Rririnra FA Poen rinr 161 Resolution 2004- EA 2004-519 - Eisenhower Drive Bridge Adopted: November 16, 2004 Page 2 3. There is no evidence before the City that the proposed Project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed Project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. The Project is being constructed to achieve the long term goal of reducing or preventing traffic congestion in the project vicinity and the City's circulation system. 5. The proposed Project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed Project. The Project is a roadway improvement project that .has been anticipated in the General Plan. 6. The proposed Project may result in impacts to air quality, noise and traffic during construction; however these impacts will be temporary and short in duration and will also be mitigated to a less than significant level with the mitigations measures contained herein. 7. There is no substantial evidence in light of the entire record that the Project may have a significant effect on the environment. 8. The City Council has considered Environmental Assessment 2004-519 and the Environmental Assessment reflects the independent judgment of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this Project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 6 C-\f ITVKA(.P\CT&FF RFPnPTC f1N1 V\11-1A-r)A\f R ng1:KiwnwFP PpinrF FA pi:go nr)r Resolution 2004- EA 2004-519 - Eisenhower Drive Bridge Adopted: November 16, 2004 Page 3 2. That Environmental Assessment 2004-519 reflects the independent judgement of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 161h day of November 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 163 Environmental Checklist Form 1. Project Title: Eisenhower Drive Bridge and Drainage Improvements 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Oscar Orci, (760) 777-7125 4. Project Location: The project site consists of Eisenhower Drive from Avenue 50 to approximately 700 feet north of Calle Tampico in the City of La Quinta, Riverside County. The project site encompasses approximately 2.8 acres, primarily within existing right-of-way (ROW). for the roadway easement, which varies in width from 32 to 70 feet. The site is shown on the U.S. Geological Survey's La Quinta 7.5-minute topographic quadrangle map as a portion of Section 1, Township 6, South/Range 6 East, San Berardino Baseline and Meridian. The regional location and local vicinity of the proposed project are shown on Exhibits 1 and 2, respectively. An aerial of the site is .provided on Exhibit 3. 5. Project Sponsor's Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 6. General Plan Designation: Golf Course Open Space (G), Village Commercial (VC), Low - Density Residential (LDR), and Watercourse/Flood Control (W) 7. Zoning: Golf Course District (GC), Low -Density Residential District (RL), and Floodplain District (FP) 8. Description of Project: The project involves the widening of Eisenhower Drive from two to four lanes from Avenue 50 to approximately 700 feet north of Calle Tampico in the City of La Quinta. The objectives of the project are to improve the level of vehicular service on Eisenhower Drive and to reduce response times for emergency vehicles. The proposed project would improve the existing two-lane Eisenhower Drive to the Primary Arterial-B roadway designation identified in the Traffic and Circulation Element of the La Quinta General Plan. The Primary Arterial-B Designation is a 100-foot-wide roadway with four 12- foot-wide travel lanes, a 12-foot-wide median, 7-foot-wide bike lanes adjacent to the parkway curb face, and 12-foot-wide parkways (i.e., meandering sidewalks and landscaping). In addition to the street widening, the bridge over the La Quinta Evacuation Channel would be widened from its existing 40 foot width to 88 feet to match the realigned paved width of Eisenhower Drive. To support the widened roadway and parkway on the east side of Eisenhower Drive, a retaining wall would be constructed from the bridge to approximately 600 feet to the north. Three alternative configurations for the widening are currently proposed. The alternatives are discussed below. The project area of disturbance is very similar for all three alternatives. The construction would occur almost entirely within City -owned right-of-way (ROW) and Coachella Valley Water District ROW, with the exception of approximately 8,930 square feet of ROW that would need to be acquired on the west side of Eisenhower Drive on areas that are currently adjacent to the existing edge of paved roadway and used for a sidewalk and landscaping. No existing habitable structures would be directly impacted by project implementation. Project design and areas of impact are shown on Exhibit 4. s 164 -� 165 � C C s S10YM Source: US Census Bureau TIGER, Local Vicinity Exhibit 2 Eisenhower Drive Bridge and Drainage Improvements 4-1 0.25 0 0.25 0.5 Was IV 166 i �� , �� 1� "IM Avenue iIt •��/�?,� ! I � ! it I� i � I I �• -- ------- ------- — Channel 25 41 Direct Impact Area ; r it,\ ' Indirect Impact Area Project Designi' -- - Topography , !, Bridge Widening Existing Bridge Structure Project Design and Impacts Exhibit 4 Eisenhower Drive Bridge and Drainage Improvements 75 0 75 15o F@M GO NSVl 16,1 8 Alternative 1 Alternative 1 would widen Eisenhower Drive approximately 12 feet on the west side and would widen the existing bridge approximately 42 feet on the east side and 6 feet on the west side, providing a total bridge width of approximately 88 feet. The widened bridge structure would be a cast -in -place reinforced concrete slab, similar to the existing bridge. It is anticipated that the column supports for the bridge will be 24-inch diameter cast -in -drilled - holes (CIDH) piles that will be located on the banks of the La Quinta Evacuation Channel. This alternative would provide four lanes (two in each direction of travel) with a 12-foot-wide raised median separating the northbound and southbound directions of travel, a left -turn lane from northbound Eisenhower Drive onto Calle Mazatlan, and a left -turn lane from southbound Eisenhower Drive into the entrance for the La Quinta Village Apartments (under construction). In addition, this alternative would provide sidewalks for the full length of the project improvements and a seven -foot -wide bike lane on each side of the roadway. Alternative 2 Alternative 2 would widen the east side of the bridge by approximately 42 feet providing a total bridge width of approximately 82 feet. The widened bridge structure would be a cast - in -place concrete slab, similar to the existing bridge. It is anticipated the column supports for the bridge will be 24-inch diameter CIDH piles that will be located in the La Quinta Evacuation Channel. The median width for this alternative would be 6 feet, widening to 12 feet wide at the two left -turn lanes at Calle Mazatlan and the La Quinta Apartments. The taper in the roadway is necessary to meet the location of the existing west curb face on the existing bridge. The taper will shift the roadway approximately six feet to the east compared to Alternative 1; however, ROW requirements are identical for both alternatives. All other project features would be identical to Alternative 1. Alternative 2 is the City of La Quinta's preferred alternative. Alternative 3 The alignment of Alternative 3 is identical to Alternative 2. This alternative would widen the bridge using a precast, prestressed girder structure that will span the La Quinta Evacuation Channel without piles in the channel. The existing bridge would serve as the southbound lanes and the new bridge would be constructed to serve as the northbound lanes. The roadway profile for the northbound traffic at the bridge would be approximately two feet higher than the southbound lanes. This is a result of the increased depth of the widened bridge structure for this alternative. All other roadway improvements associated with Alternatives 1 and 2 are applicable to Alternative 3. All three alternatives incorporate a landscaping component that would follow the City of La Quinta "Desert Palette," featuring decorative bridge railings and median landscaping treatments including desert shrubs, trees, and palms. Examples of the desert palette are shown on Exhibit 5. The current street lighting would be replaced by a new street lighting system as a project component for all three alternatives. In accordance with the City of La Quinta Municipal Code, street lighting would be fully shielded to direct light onto the road surface and prevent lighting spillover into adjacent residences. No stormwater drainage improvements are proposed with any of the project alternatives, with the exception of setback and reconstruction of existing storm drain inlets on Eisenhower Drive. The addition of approximately 0.75 acre of paving would add a negligible amount of street runoff to flows entering storm drains that currently convey flows to the La 13 1�.9 Photo 2: Desert Palette bridge treatment and landscaping. Photo 2: Desert Palette median landscaping. Proposed Landscaping Eisenhower Drive Bridge and Drainage Improvements Source: Moffatt & Nichol Engineering Exhibit 5 C 0 N S U I T I N G 14 Quinta Evacuation Channel. The additional flows would be adequately conveyed by existing storm drain capacity and no improvements are proposed with the project. The project would be constructed in one phase. Eisenhower Drive and the bridge would remain open to through -traffic throughout construction for all alternatives. Construction vehicles would be staged off -site at one of three alternative locations. The City shall either identify a location identified for use as a Contractor staging area or the bid documents will identify the Contractor's responsibility to obtain the construction staging area.. Some heavy equipment, such as the drill rig for the CIDH pipes, may remain at the site overnight. All loose construction material shall be removed from the La Quinta Evacuation Channel and site at the end of each workday. Construction vehicle staging area alternatives are described below: 1. A vacant parcel adjacent to the north of Montezuma Park approximately 1 /3 mile to the south of the project site. This staging area alternative is bound to the north by seven single-family residential units and two multiple -family residential apartment buildings opposite to the north of Avenida Villa, to the east by Avenida Mendoza and vacant land, to the south by Avenida Montezuma and Montezuma Community Park, and to the west by the La Quinta Studio and Gallery and Eisenhower Drive. A vacant parcel adjacent to the south of Montezuma Park approximately 1/3 mile to the south of the project site. This staging area alternative is bound to the north by Avenida Montezuma and Montezuma Community Park, to the east by vacant land, to the south by Avenida Martinez and four single-family residential units, and to the west by Eisenhower Drive and single-family residential units opposite to the west of Eisenhower Drive. 3. The City of La Quinta Corporation Yard is located approximately one mile to the southeast of the project site. This staging area alternative is bound to the north by vacant land, to the east by a fire station, to the south by Frances Hack Lane and low -density single-family residential, and to the west by Fritz Burns Park. The locations of the staging areas relative to the project site and anticipated construction vehicle routes are presented on Exhibit 6. 9. Surrounding Land Uses and Setting: The project site consists of the existing two-lane Eisenhower Drive and bridge over the La Quinta Evacuation Channel between Avenue 50 and approximately 700 feet north of Calle Tampico. Topography is relatively flat with elevations ranging from 35 to 55 feet above mean sea level (msl). Surrounding land uses are described below. North: Eisenhower Drive continues to the north of the proposed project segment from the intersection with Avenue 50/Avenida Mazatlan and is currently being improved to a four -lane facility in accordance with the General Plan Traffic and Circulation Element build -out assumptions. The Santa Rosa Cove Townhouse complex is located to the northwest of the project site. Tennis courts of the La Quinta Country Club are located to the northeast of the project site. South: Eisenhower Drive continues to the south of the proposed project segment. The La Quinta. Country Club Golf Course is located to the southwest of the project site. Vacant land is located to the southeast of the project site and is the proposed site for the Calle Tampico Elementary School East: To the south of the existing bridge, the project site is bound to the east by the La Quinta Village Apartments currently under construction. To the north of the existing bridge, the project site is bound to the east by the La Quinta Country Club Golf Course and the Haciendas at La Quinta (low -density residential). West: To the south of the existing bridge, the project site is bound to the west by the La Quinta Country Club Golf Course. To the north of the existing bridge, the project site is bound to the west by the Santa Rosa Cove Townhomes (medium -density residential). 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement). " Coachella Valley Water District (approval of encroachment permit for work in the La Quinta Evacuation Channel). 4 16 17f Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology and Soils Hazards and Hazardous Materials Hydrology and Water Quality Land Use Planning Mineral Resources Noise Population and Housing X X Public Services Recreation Transportation/Traffic Utilities and Service Systems Mandatory Findings Determination (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have. a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT (EIR) is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An EIR is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Sign re Date 17 17 Evaluation of Environmental Impacts: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there. are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analysis," may be cross-referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other California Environmental Quality Act (CEQA) process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analysis is discussed in Section XVIII at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. The analysis of each issue should identify a) the significance criteria or threshold used to evaluate each question; and b) the mitigation measure' identified, if any, to reduce the impact to less than significant. 1s 1t-' ti Issues (and Supporting Information Sources) Would the proposal result in potential impacts involving: Potentially Significant Impact 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? (General Plan Exhibit 3.6) b) Damage scenic resources including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Site topography, Site Visit) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Project Description) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Project Description) Potentially Significant Less Than Unless Significant No Mitigated Impact Impact X Q 9 Q 2. AGRICULTURAL RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non- agricultural use? (Site Visit) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to nonagricultural use? (Project Description, Site Visit) 7 X X X 19 17a Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or Air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD URBEMIS) b) Violate any stationary source air quality standard or contribute to an existing . or projected air quality violation? (SCAQMD URBEMIS) c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley, URBEMIS) d) Expose sensitive receptors to substantial pollutant concentrations? (Project Description) e) Create objectionable odors affecting a substantial number of people? (Project Description) 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game (CDFG) or (USFWS)? (BonTerra Consulting 9/18/2003) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFG or U.S. Fish and Wildlife Service? (BonTerra Consulting 9/18/2003) 8 X X F3 X X X Q 20 c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological . interruption, or other means? (BonTerra Consulting 9/18/2003) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (BonTerra Consulting 9/18/2003) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (BonTerra Consulting 9/18/2003) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (BonTerra Consulting 9/18/2003) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact x X X X 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? (BonTerra Consulting 10/17/2003) 9 Q, 21 177 6. b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? (BonTerra Consulting 10/17/2003) . c) Disturb or destroy a unique paleontological resource or site? (Master Environmental Assessment Exhibit 5.9) d) Disturb any human remains, including those interred outside of formal cemeteries? (BonTerra Consulting 10/17/2003) GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Master Environmental Assessment) Strong seismic ground shaking? (Master Environmental Assessment Section 6.3.5) Seismic -related ground failure, including liquefaction? (DMG 2000) Landslides? (DMG 2000) b) Result in substantial. soil erosion or the loss of topsoil? (Project Description, Site Topography) Potentially Potentially Significant Less Than Significant Unless Significant No 10 Impact Mitigated Impact Impact X X X Q X X X X Q 22 1 7 (3 c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (Master Environmental Assessment Exhibit 6.3, DMG 2000) d) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (Project Description) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Project Description) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (Project Description, EDR 2003) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Project Description, EDR 2003, Site Visit) d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (EDR 2003) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or Working in the project area? (Master Environmental Assessment, Site Visit, Surrounding Land Uses) 11 X X Q X Q 23 179 f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? (Master Environmental Assessment, Site Visit, Surrounding Land Uses) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Project Description, Master Environmental Assessment Section 6.2) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Project Description) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X 8. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (Project Description) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (Project Description) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (Project Description) 12 0 X 24 1.30 d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of - a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (Project Description) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (Project Description) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Project Description) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Project Description) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X X 9. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? (Project Description) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (General Plan, Project Description) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (General Plan, CVAG) 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value. to the region and the residents of the state? (Master Environmental Assessment Exhibit 5.1) 13 X X X X 25 1'�.� b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (General Plan Exhibit 5.1) 11. NOISE. Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Project Description) b) Exposure of persons to, or generation of, excessive groundborne vibration or groundbome noise levels? (Project Description) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Project Description) d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan, Project Description) e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (General Plan, Project Description) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X 12. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (Project Description) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Project Description) 14 X X X X FQ X X 26 Potentially Potentially Significant Less Than . Significant Unless Significant No Impact Mitigated Impact Impact c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X (Project Description) 13. PUBLIC SERVICES. Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (Project Description, Master Environmental Assessment Section 4.3) Police protection? (Project Description, Master Environmental Assessment Section 4.3) Schools? (Project Description, Master Environmental Assessment Section 4.2) Parks? (Project Description, Master Environmental Assessment Section 4.2) Other public facilities? (Project Description, Master Environmental Assessment Section 4) 14. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Project Description) b) Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Project Description) 15 X 9 X X 9 X X 27 Potentially Significant Impact 15. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Project Description) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Project Description) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Project Description) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Project Description) e) Result in inadequate emergency access? (Project Description) f) Result in inadequate parking capacity? (Project Description) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project Description) Potentially Significant Less Than Unless Significant No Mitigated Impact Impact 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Project Description) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Project Description) 16 X Q X X X X X . X X 28 1 �4 c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Project Description) d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (Project Description) e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (Project Description) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (General Plan Chapter 7, Project Description) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X X 17. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (BonTerra Consulting 9/18/03 & 10/17/03) b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? 17 X X 29 1 35 c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 18. EARLIER ANALYSIS Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact . X X Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration (Section 15063[c][3][D]). In this case a discussion should identify the following on attached sheets. a) Earlier analysis used. Identify earlier analysis and state where they are available for review. City of La Quinta General Plan/Master Environmental Assessment (2002), City of La Quinta (Available for review at the City public library and planning department) b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. Environmental Analysis and Initial Study This initial study analyzes the project as well as its impacts(s) and the level(s) of significance as required by the State of California Environmental Quality Act (Public Resources Code § 2100 et seq. "CEQA Statutes" and California Code of Regulations §15000 et seq. "CEQA Guidelines"). State law requires that action on a CEQA document be considered by the decision -maker prior to approval of the project for which is has been prepared. A Mitigated Negative Declaration has been designated the appropriate environmental documentation for the proposed project. The following is an analysis of the subject proposal: 18 30 196 1. AESTHETICS -Would the project: a) Have a substantial adverse effect on a scenic vista? b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create anew source of substantial light or glare which would adversely affect day or nighttime views in the area? No Impact (Sections a-d). The proposed project consists of the improvement of an existing segment of Eisenhower Drive and bridge in the City of La Quinta between Avenue 50 and Calle Tampico. These streets are not designated scenic highways and, as such, no scenic highways would be affected. There would be no effect on a scenic vista and there are no rock outcroppings and/or historic buildings that would be impacted by implementation of any of the project alternatives. Eisenhower Drive is designated a Primary Image Corridor in the City of La Quinta General Plan. Primary Image Corridors are considered major design statements in the City, and are required to include landscaped medians, heavily landscaped parkways adjacent to the roadway and within the ROW, and landscaped setbacks for buildings located next to the ROW. All three project alternatives will remove some existing front setback landscaping from the roadway ROW. However, the project includes the installation of landscaping within the public ROW. New 2- to 12-foot-wide medians are proposed as part of the project design for all three alternatives. Landscaping would follow the City of La Quinta "Desert Palette" which features decorative bridge railings and median landscaping treatments including desert shrubs, trees, and palms. The proposed project landscaping plans will bring the project street segment into conformance with the General Plan requirements of the Primary Image Corridor designation: Photos of proposed landscaping features as installed on other street segments within the City are shown on Exhibit 5. None of the project or landscaping features will include reflective surfaces that could create a source of glare. The current street lighting would be replaced by a new street lighting system as a project component. The new street lighting system would be in compliance with City of La Quinta Department of Public Works design standards. In accordance with the City of La Quinta Municipal Code, street lighting will be fully shielded to direct light directly onto the road surface and prevent lighting spillover into adjacent residences. Therefore, proposed street lighting would not be expected to impact nighttime views of the area. 2. AGRICULTURAL RESOURCES -Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to nonagricultural use? No Impact (Sections a-c). The proposed project site or potential staging areas are located in an urbanized area and would not convert farmland to non-agricultural use. No portion of the project site is covered by a Williamson Act Contract or located on land designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance according to 2000 Natural Resource 1s 31 1 8 7 Conservation Service mapping. No agricultural resources impacts would occur and no mitigation is required. 3. AIR QUALITY -Would the t3roiect: a) Conflict with or obstruct implementation of the applicable air quality plan or congestion management plan? b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? c) Result in a net increase of any criteria pollutant for which the project region is in non -attainment under an applicable federal or state ambient air quality standard? d) Expose sensitive receptors to pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Less Than Significant Impact (Sections a-e). California is divided by the California Air Resources Board (CARB) into air basins which share similar meteorological and topographical features. The City of La Quinta is in the Salton Sea Air Basin (SSAB), which includes eastern Riverside and Imperial counties. The SSAB's climate and topography, high winds, and fine sandy soils are conducive to the formation of high concentrations of airborne particulate matter. Additionally, the predominantly westerly winds transport pollutants from the South Coast Air Basin (SCAB) into the SSAB. The Riverside County portion of the SSAB is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The pollutants for which the eastern Riverside County portion of the, SSAB is designated a non -attainment area for national ambient standards are ozone (03) and fine particulate matter (PM,o). Ozone is a colorless, odorless pollutant formed by a chemical reaction between volatile organic compounds (VOCs) and oxides of nitrogen (NOX) in the presence of sunlight. The primary sources of VOCs and NOX are mobile, including cars, trucks, buses, and agricultural and construction equipment. PM,o consists of fugitive dust caused by soil disturbances, such as construction grading, and causes a greater health risk than larger -sized particles because these fine particles can be inhaled more easily and irritate the lungs. Air quality modeling has shown that ozone in the Coachella Valley originates in the SCAB and is transported into the SSAB by the predominantly westerly winds. The pollutant transport pathway from the SCAB to the SSAB is through the Banning Pass to the Coachella Valley. Downwind of the source region, exceedances occur later in the day as the ozone cloud is transported downwind. If the peak were locally generated, it would occur near mid -day and not in the late afternoon or early evening. As a, result, the SCAQMD is focusing the regulation of ozone on the SCAB. Between 1999 and 2001, the Coachella Valley exceeded the federal annual average PM,o national ambient air quality standards (NAAQS). Because the Coachella Valley was unable to demonstrate attainment of the NAAQS through the 2001 attainment year, SCAQMD prepared the 2002 Coachella Valley PM10 State Implementation Plan (CVSIP). The CVSIP includes control program enhancements that meet the Most Stringent Measure (MSM) requirements and a request for extension of the PM,o attainment date. Jurisdictions within the Coachella Valley are required to adhere to the requirements outlined in the CVSIP, including preparation of a fugitive dust control plan prior to issuance of grading permits. A project's air quality impacts can be separated into short-term impacts from construction and long- term permanent impacts from project operations. Construction impacts can include airborne dust from grading, demolition, and dirt hauling, and gaseous emissions from heavy equipment, delivery and dirt hauling trucks, employee vehicles, and paints and coatings. 20 32 1 -S8 The project would not generate new long-term traffic beyond that assumed in the City's General Plan projections and it would not result in any long-term regional or local air quality impacts. The proposed roadway improvements are intended to reduce congestion and increase traffic flow. As such, the proposed project is not considered a traffic -generating use. There would likely be a potentially beneficial effect on existing carbon monoxide concentrations in the vicinity of the project associated with lowered congestions and higher vehicle speeds. Therefore, the air quality analysis is focused on the short-term construction impacts of the proposed project. To determine whether emissions resulting from grading and construction of a project are significant, the SCAQMD recommends significance thresholds in its CEQA Air Quality Handbook. The City has determined that these thresholds are appropriate for the project in order to assure regional consistency and because they are based on the best available scientific information. The pollutants addressed by the SCAQMD thresholds include carbon monoxide (CO), sulfur oxides (SOX), nitrogen oxides (NOX), particulate matter (PM10), and reactive organic compounds (ROC). The daily thresholds and expected grading and construction emissions for each of the pollutants are presented in Table 1. Air quality impacts for the three proposed project alternatives are expected to be similar because construction for each alternative will use the same equipment and involve the same amount of paving. TABLE 1 PROJECT EMISSIONS (MAXIMUM POUNDS/DAY) Demolition Emissions 71.46 10.16 85.40 4.19 Grading Emissions 77.73 11.33 97.32 67.48 Construction Emissions 83.62 12.43 86.96 3.71 Daily Thresholds 550 75 100 150 Source: Urbemis 2002 for Windows 7.4.2 Project grading and construction emissions were calculated using the Urbemis 2002 Model developed by the SCAQMD. Grading emissions were calculated for the following expected grading equipment: one backhoe loader, one grader, three dump trucks, and one flatbed truck. Construction emissions were calculated for the following construction equipment: one roller, one crane, one drill rig, one concrete pump truck, and three concrete mixers. Employee vehicle traffic was assumed to add a maximum of 60 vehicle trips/day based on an expected total of 15 construction employees. These emission levels would not exceed the SCAQMD's daily threshold for any of the pollutants of concern in the region, and would result in a less than significant impact. Vehicle emission odors potentially resulting from temporary construction vehicle emissions may occur in the immediate project vicinity and result in a nuisance to surrounding residents. However, these impacts would be considered less than significant given their temporary nature. Implementation of the mitigation measure identified below would minimize potential daily emissions from active grading operations and the nuisance odor and air quality impacts associated with them. MM-1 In order to minimize dust impacts, the contractor will be required to submit a Dust Control Plan to the Public Works Department for review and approval prior to issuance of a demolition or grading permit. This requirement shall be placed on the cover of the grading plans. Said Dust Control Plan shall be consistent with the CVSIP and Public Works Department's existing policies and standards and, at a minimum, will incorporate the following measures: 21 33 189 All construction contractors shall comply with the Dust Control Plan and applicable SCAQMD regulations. To ensure that the project is in full compliance and that there are no nuisance impacts off -site, the contractor shall implement the following: 1. Cease all dust generating demolition, grading and/or construction operations .during winds in excess of 25 miles per hour; 2. Moisten soil not more than 15 minutes prior to moving it; 3. Water exposed surfaces at least twice a day under calm conditions and as often as needed on windy days or during very dry weather in order to maintain a surface crust and prevent the release of visible emissions from the construction site; 4. Provide for street sweeping, as needed, on adjacent roadways to remove dirt dropped by construction vehicles or mud which would otherwise be carried off by trucks departing project sites; and 5. All trucks entering or leaving the site with material shall use tarps to minimize fugitive dust or materials release during transit. MM-2 In order to minimize any impact to surrounding residences resulting from construction vehicle emissions odors, and in addition to minimizing contribution to current non - attainment for ozone, the contractor shall implement the following measures during construction activities to reduce construction equipment emissions: 1. Maintain construction equipment engines by keeping them tuned; 2. Use low sulfur fuel for stationary construction equipment as required by SCAQMD Rules 431.1 and 431.2; 3. Use existing power sources (i.e., power poles) when feasible. This measure would minimize the use of higher polluting gas or diesel generators; 4. Configure construction parking to minimize traffic interference; 5. Minimize obstruction of through -traffic lanes; 6. When feasible, construction should be planned so that lane closures on existing streets are kept to a minimum; 7. When feasible, schedule construction operations affecting traffic for off-peak hours; and 8. Develop a traffic plan to minimize traffic flow interference from construction activities. 4. BIOLOGICAL RESOURCES -Would the proiect: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species by local designation or by the CDFG or USFWS? b) Have an adverse effect on any riparian habitat or other sensitive natural community identified by local designation or by the CDFG or USFWS? 22 34 1 9 o c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? No Impact (Sections a-c & a f). BonTerra Consulting conducted a survey of the project site on September 12, 2003 to identify biological conditions and vegetation types on the project site and to evaluate the potential for special status species. The findings of the biological constraints survey are presented in Appendix A. The proposed project is a roadway and bridge improvement project in the City of La Quinta. It lies within a fully urbanized environment that is characterized by a mix of recreational and residential uses. There is no vacant land on the project site with the potential to support any special status native plant species or habitats or special status wildlife species. Common wildlife species potentially occurring on the project site include primarily non-native species or common native species that have adapted to urban areas within the Coachella Valley. Landscaping on the project site is typical of recreational and residential urban environments and consists of plantings of non-native and native omamental shrubs and trees.. Ground cover on the project site consists primarily of turf in the landscaped areas and puncture vine (Tribulus terrestris) in disturbed areas. Ornamental shrubs observed on the project site include ocotillo (Fouquieria splendens), fuchsia (Fuscia sp.), chuparosa (Justicia californica), oleander (Nerium oleander), olive (Olea sp.), arrow weed (Pluchea sericea), rosemary (Rosemarianus sp.), and Russian thistle (Salsola tragus). Ornamental trees observed on the project site include palo verde (Cercidium sp.), gum tree (Eucalyptus sp.), palm (Washingtonis sp.), poplar (Populus sp.), locust bean (Robinia sp.), pepper (Schinus), and salt cedar (Tamarix sp.). Ornamental trees on the project site are less than 20 feet tall, with the exception of rows of palms on the east and west sides of Eisenhower Drive. No raptor nesting habitat is available. Common wildlife species observed during the survey consisted of bird species. No amphibian, reptile, or mammal species were observed during the survey. However, coyote (Canis latrans) scat was observed under the bridge indicating that this species likely uses the bridge as a movement crossing. No bat species were observed and none are expected to roost under the bridge because the underside of the bridge is smooth concrete that is free of cracks or crevices. Common bird species observed during the survey included mallard (Anas platyrhyncos), American coot (Fulica americana), American kestrel (Falco sparverius), mourning dove (Zenaida macroura), greater roadrunner (Geococcyx californianus), western kingbird (Tyrannus verticalis), verdin (Auriparus flaviceps), cactus wren (Campylorynchus brunneicapillus), northern mockingbird (Mimus polyglottos), great -tailed grackle (Quiscalus mexicanus), and American goldfinch (Carduelis tristis). No natural drainages intersect the project site. The La Quinta Evacuation Channel is concrete -lined and contains no native vegetation. Therefore, no riparian habitats, waters of the U.S., or wetlands occur on the project site. Although the bridge may be used for wildlife movement in the project vicinity, no migratory wildlife corridors occur on or in the vicinity of the project site. Furthermore, the La Quinta Evacuation Channel's capacity as a wildlife crossing would not be adversely compromised because the channel would remain accessible upon project completion and during 23 35 191 non -construction hours (from 5:00 p.m. to 7:00 a.m.) when terrestrial wildlife is most likely to use the crossing. Development of the project would not affect any sensitive species as designated by the CDFG or USFWS. The proposed project would not have any impact on riparian habitat or other sensitive natural community or have an adverse effect on federally protected wetlands as defined Section 404 of the Clean Water Act. No additional significant impacts would occur and no mitigation is required. Potentially Significant Unless Mitigated (Section d). Mud nests constructed by cliff swallows (Petrochelidon pyrrhonota) were observed on the underside of the Eisenhower Bridge. At least 200 nests were observed beneath the bridge representing a substantial nesting colony. This species builds enclosed jug -shaped nests on the underside of cliffs, rock outcrops, and man-made structures from March through May producing, then fledging offspring through August when it migrates south to Mexico and Central America. The cliff swallow is a migratory bird species that is protected by the Migratory Bird Treaty Act (MBTA) of 1918 which prohibits the take or disturbance of an active nest of any migratory bird species listed under the act. In California, unlike some other states, a permit is not required to remove nests under construction that do not contain any new eggs or young, or nests abandoned following the breeding season. Therefore, the following mitigation measures shall be implemented to avoid potential impacts to the cliff swallow: MM-3 If feasible, bridge construction should not occur between the months of February and August. No limitations on construction shall occur at any other time of the year (i.e., September through January). MM-4 If construction during the cliff swallow breeding season (February through August) is unavoidable, all existing nests shall be removed by a qualified biologist between October 31 and January 31 prior to construction. All traces of mud shall be removed from the underside of the bridge to prevent swallows from rebuilding old nests or the remnants of deteriorated nests. Flexible material panels (e.g., fiberglass) shall be installed in all right angles between the eave and walls or columns forming a smooth, concave surface in order to prevent access to right angles on the structure thereby making nest attachment difficult to impossible. Installation shall be approved by the qualified biologist who will conduct weekly site inspections, or as often as deemed necessary by the biologist, to inspect the bridge for nesting activity and repeat nest removal practices if necessary. 5. CULTURAL RESOURCES -Would the project: a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic, Places, the California Register of Historic Resources, or a local register of historic resources? b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? c) Disturb or destroy a unique paleontological resource or site? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Unless Mitigated (Sections a-d). The following section is based on a cultural resources records search conducted on October 10, 2003 by the Eastern Information 24 199 ti Center (EIC) at University of California, Riverside. The EIC is the state -designated repository for records concerning archaeological and historical resources in Riverside County. The records search provided information on known resources and related studies within a one mile radius of the project area. To augment the records search by the EIC, BonTerra Consulting reviewed published accounts of cultural resources in Riverside County. The findings of the records search and literature review are provided in Appendix B. The results of the records search show that 18 archaeological sites and 5 isolated artifacts have been recorded within a one -mile radius of the project, but none are recorded within or adjacent to the Eisenhower Drive project site. Fourteen of the 18 sites are prehistoric resources represented by bedrock milling features, artifact scatters, hearth features, and an extensive habitation area containing human cremations. The remaining four sites are a cluster of historic -era deposits consisting of scatters of consumer refuse (fragments of cans, bottles, and other household materials). The results of the records search also note that nine built -environment historic properties (buildings, structures, and other constructed features) are located within a one -mile radius of the project site. None are recorded within the project site. One of these properties is located near the northwestern terminus of the project site and corresponds to the 1926 La Quinta Hotel complex located north of Avenue 50 and west of Eisenhower Drive. In 1997, the historic hotel, 20 associated casitas (cottages), and landscaped grounds were determined to be a significant local resource and eligible for the National Register of Historic Places as a historic district. Under CEQA, properties listed on the National Register are automatically listed on the California Register of Historic Resources. The importance of the La Quinta Hotel is reflected in published accounts of historic resources in Riverside County. No additional known historic properties are proximate to the project site. The EIC reported that at least 22 cultural resources investigations have previously been conducted within a one -mile radius of the project site. Two of these studies involved portions of the project site, but no resources were identified in or adjacent to their respective coverage of Eisenhower Drive. According to current EIC records, approximately 50 percent of the project alignment has not been formally surveyed for cultural resources. The abundance of recorded cultural resources sites in the vicinity of the project site indicates that the potential for archaeological materials to be present is moderate to high. The project site is located upon lacustrine and fluvial sediments deposited below the shoreline of ancient Lake Cahuilla. Lake Cahuilla occurred intermittently from as recently as 400 years ago to as long as 6,000 years ago. The fluvial sediments occurred when the lake receded and soils were carried down to stream beds and overlain on the lacustrine materials. These alternating lacustrine and fluvial sediments are referred to as Lake Cahuilla Beds and have a high potential for fossilized freshwater diatoms, land plants, sponges, ostracods, mollusks, fish, and small terrestrial vertebrates. The project site has been designated an area of high sensitivity in the La Quinta General Plan Natural Resources Element. Drilling, grading, and trenching of the project site associated with project construction could result in a significant impact to archaeological and paleontological resources. The mitigation provided below would reduce impacts to a level considered less than significant. MM-5 A City of La Quinta-certified archaeologist shall be retained to attend pre -grade meetings. The archaeologist will carefully inspect the area to assess the potential for significant prehistoric or historic resources. If a site is uncovered, then a subsurface evaluation may be needed to assess the resource before construction is allowed to proceed. Further subsurface investigation may be needed if the site is determined unique/important for its prehistoric information. MM-6 During drilling and/or grading activities, a City of La Quinta-certified archaeologist shall be present during ground disturbance and shall have the authority to temporarily divert or redirect earthmoving to allow time to evaluate any exposed prehistoric or historic 25 37 193 material, including paleontological resources. Any recovered prehistoric or historic artifacts shall be catalogued by a qualified archaeologist or paleontologist. The City of La Quinta would retain any resources discovered during grading for display in public facilities or for educational purposes following cataloguing. MM-7 In accordance with Public Resources Code 5097.94, if human remains are found, the Riverside County coroner must be notified within 24 hours of the discovery. If the coroner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission in Sacramento to determine the most likely descendent for the area. The designated Native American representative then determines in consultation with the property owner the disposition of the human remains. With implementation of the above mitigation measures impacts are expected to be reduced to a less than significant level. 6. GEOLOGY AND SOILS -Would the project: a) Expose people or structures to potential effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii) Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal system where sewers are not available for the disposal of waste water? Less Than Significant Impact (Sections a-c). The project site is underlain by Quaternary Alluvium (Qal) which is primarily distributed at the mouths of drainages in. the Santa Rosa Mountains and in the eastern portion of the Coachella Valley. These deposits may have accumulated rapidly, without being saturated, and may be subject to wind erosion or collapse upon saturation (hydroconsolidation). Bedrock at the bridge location is at a depth of approximately 400 to 500 feet below the ground surface. There are no known active or potentially active faults that traverse the project site or the City of La Quinta in general, and the site is not located within an Alquist-Priolo Special Studies Zone. The closest known active fault (San Andreas) is located approximately seven miles northeast of the site. Other nearby active faults include the San Jacinto Fault Zone located approximately 10 miles southwest of the project site. It extends for approximately 175 miles and is capable of producing magnitude 6.5 to 7.5 earthquakes. This fault has historically produced more large earthquakes than any other fault in California; however, it has not produced any particularly damaging quakes in recent history. The next closest major fault zone is the Elsinore Fault, one of the largest but least 26 38 1.4 active faults in southern California. Given that no faults traverse the project site, the risk of ground rupture is very low. Liquefaction is a seismic phenomenon in which loose, saturated, fine-grained granular soils behave similarly to a fluid when subjected to high -intensity ground shaking. The project site is within an area identified as having a low to moderate potential for liquefaction on the State of California Seismic Hazard Zone Map for the La Quinta Quadrangle (Department of Conservation, 1984). The topography of the project site is flat and would not be substantially altered with implementation of the proposed project. No new slope or bare areas would be created with implementation of the proposed project. Therefore, the potential for landslides is considered very low. Risks associated with land subsidence or soil expansion are considered low due to the minimal amount of grading required for the project and the lack of subsidence because construction would occur in the original alignment. In accordance with Public Works standard requirements, the Contractor will prepare a soils study. Appropriate design standards and standard engineering practices would be applied during construction of the project. The proposed project consists .of street and bridge improvements. No habitable structures are proposed with project implementation and risks to people and private property are negligible. Additionally, the proposed bridge will increase the diameter of the pilings from 16 inches to 24 inches to meet new seismic requirements instituted since the original bridge was constructed in 1981. Pilings for the bridge will be concrete CIDH piles constructed by pre -drilling a hole through the concrete lining of the La Quinta Evacuation* Channel for, the full depth of the pile. Steel reinforcement is then placed in the hole prior to pouring the concrete. The size and depth of the pile is engineered to support the forces caused by the superstructure of the bridge, including forces caused by seismic activity. Pile caps at the top of the CIDH piles join the bridge superstructure to the piles. No significant impacts are anticipated and no mitigation is required. No Impact (Section d). The proposed project involves circulation infrastructure improvements and would not involve the construction of habitable structures requiring septic tanks or alternative waste water disposal systems. No impacts are anticipated and no mitigation is required. 7. HAZARDS AND HAZARDOUS MATERIALS -Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school. d) Be located on a site which is included on a list of hazardous materials sites and, as a result, would it create a significant hazard to the public or the environment? e) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? . 4A 39 195 g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact (Sections a-h). The proposed project involves roadway and bridge improvements to an existing facility and would not involve any operations involving the routine transportation, use, disposal, emission, or storage of hazardous substances or materials. The project site is not included on a list of hazardous materials sites nor is it within the vicinity of a private airstrip. The City of La Quinta has established a Multi -Hazard Functional Plan (MHFP) with planned responses to natural and technological emergency situations. The MHFP includes emergency response or evacuation plans that would be implemented during various emergency situations. The proposed project would not be expected to impede the implementation of the MHFP as it would allow through -traffic during construction. Therefore, no impacts are anticipated and no mitigation is required. During a site visit on September 13, 2003, it was determined that one existing school, the Adams Elementary School, is located within '/4-mile of the proposed project. The Calle Tampico Elementary school is proposed less than 300 feet to the south of the proposed project and is expected to be constructed by April -2005. The proposed project would not represent a risk of hazardous materials release to the schools and the students. No impacts are anticipated and no mitigation is required. A Phase I hazardous materials/substances site records search was completed for the project site and immediate vicinity (EDR 2003). No sites were identified in the area affected by, and immediately adjacent to, the proposed project. The closest site is located approximately 1/8-mile to the east of the intersection of Eisenhower Drive and Avenue 50 on La Quinta Country Club property and was identified by the State Water Resources Control Board's Proposition 65 database. This record does not involve the spill or'release of toxic or hazardous materials/substances but is listed because of La Quinta Country Club storage and use of chemical fertilizers and pesticides for the maintenance of the golf course and landscaping. The next closest record is located approximately '/4-mile to the southeast of the project site at the Circle K Store and gas station identified by the Leaking Underground Storage Tank (LUST) database as a gasoline spill. The records consist of permitted active operations and an underground storage tank location that has since been closed. Neither of these sites would be impacted by project grading or construction. No impacts are anticipated and no mitigation is required. 8. HYDROLOGY AND WATER QUALITY -Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a .stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 28 40 196 d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? g) Place structures within a 100-year flood hazard area which would impede or redirect flood flows? Potentially Significant Unless Mitigated (Section a). Less Than Significant Impact (Section b- e & g). No Impact (Section f). The Federal Clean Water Act establishes a framework for regulating potential water quality impacts from construction activities through the U.S. Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES) program. Municipalities within the Coachella Valley that conduct public improvement projects involving more than one acre of grading are required to submit a Notice of Intent (NOI) to the State Water Resources Control Board (SWRCB) to obtain coverage under the Areawide Urban Storm Water Runoff Permit (MS4) for the Coachella Valley (Order No. 01-077). The Regional Water Quality Control_ Board (RWQCB) oversees the implementation and enforcement of the MS4 permit. The proposed project would involve approximately 2.8 acres of grading. Therefore, the City is required to submit a NOI to the SWRCB. Construction activities such as grading, excavation, and trenching for site improvements would result in disturbance of soils on the project site. Runoff from the project site during construction could transport soils and sediments from these activities. Excavated material will be hauled away to an off -site location by the Contractor. Stockpiling of construction materials in the ROW of the La Quinta Evacuation Channel will not be permitted. Spills or leaks from heavy equipment and machinery, staging areas, or building sites could also enter runoff. Typical pollutants could include petroleum products and heavy metals from equipment and products such as paints, solvents, and cleaning agents that could contain hazardous constituents. Potentially significant short-term water quality impacts could result should polluted runoff enters downstream receiving waters. The mitigation provided below would reduce impacts to a level considered less than significant. MM-8 Potential erosion, siltation, and other water quality impacts during construction of the proposed project would be managed through the preparation of a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP would be a joint effort of the City and Contractor that would describe the measures or practices to control pollutants during both the construction and post -construction phases of the project. The SWPPP shall provide a list of target structural and non-structural best management practices (BMPs), which would be used to control, prevent, remove, or reduce pollution. BMPs can include the use of gravel bags, temporary desilting basins, and the timing of grading to avoid the rainy season (November through April). The SWPPP shall contain BMPs that address the following areas during construction, as defined by the California Storm Water Best Management Practice Handbook: control of internal erosion, good housekeeping practices, waste containment, .minimization of disturbed areas, stabilization of disturbed areas, and site perimeter control. The project site is outside of the 100-year flood zone based on mapping by the Federal Emergency Management Agency (FEMA 1991); however, the City of La Quinta General Plan identifies the La Quinta Evacuation Channel as being in the 100-year flood zone. Implementation of the proposed project would result in the paving of approximately 0.75 acre of landscaping and disturbed areas which currently contain permeable soils. The increase in impervious surface would be negligible and would not substantially affect percolation in the project vicinity. Furthermore, flows would be conveyed from storm drains to permeable drainages where they would be allowed to percolate into 29 41 1-97 the substrate. Drainage patterns would not be altered by project implementation and the addition of approximately 0.75 acre of paved surface would not be expected to exceed the capacity of the existing storm drains on the site. Construction of the bridge would require installation of additional support columns in La Quinta Evacuation Channel; however, they are not expected to appreciably impede or redirect flows as they will be based on the channel slopes and not within the channel bottom. Construction of piles in the La Quinta Evacuation Channel will not induce scour as the channel is completely concrete -lined at the bridge widening location. Any damage to the channel lining during drilling of the piles will be repaired to the requirements of the Coachella Valley Water District. Debris flowing thru the bridge currently collects on the upstream existing piles located on the existing bridge. structure. Debris may catch on the newly constructed piles; however, the most upstream piles on the existing bridge will still trap most of the flowing debris. The new bridge structure and piles will not increase the maintenance effort of removing debris at this location. No significant impacts are anticipated and no mitigation is required. The proposed project consists of roadway and bridge improvements and no new housing is proposed. According to FEMA Firm Panel No.14F dated June 14, 2000, the majority of the project area is in Zone X and is outside the 100-year flood zone; however, the proposed bridge improvements would be located within the 100-year flood zone. Construction of the bridge would require installation of additional support columns on the banks of the La Quinta Evacuation Channel; however, they would not be expected to impede or redirect flows as they will be placed on the channel slopes. Because no habitable structures would be placed within the 100-year flood hazard area and flood flows would not be impeded or redirected, the proposed roadway and bridge improvements would not expose people or structures to a significant risk of loss, injury, or death involving flooding. No significant impacts are anticipated and no mitigation is required. 9. LAND USE AND PLANNING -Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plans, policy, or regulation (including, but not limited to the general plan, specific plan, and zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact (Sections a-c). The proposed project is a roadway and bridge improvement project and as a result, would not physically divide any existing communities. Project implementation would require the development of approximately 1.25 acres of City -owned ROW including landscaped areas and 8,930 square feet of privately owned land that would be acquired- by the City. An encroachment permit from the Coachella Valley Water District would also be required to construct the bridge pilings in their flood control easement. No private structures would be directly or indirectly impacted. No changes to General Plan or zoning designations would be required. Because the project would not change the type or add a new land use to the project area, the project would not result in the development of incompatible land uses. The project would not conflict with any applicable land use plan, policy, or regulation, including habitat conservation plans or natural community conservation plans. The proposed project is consistent with the Traffic and Circulation Element of the La Quinta General Plan. Therefore, no land use or planning impacts would result with implementation of the proposed project. No mitigation is required. 10. MINERAL RESOURCES -Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? 30 42 198 b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact (Sections a, b). The Surface Mining'and Reclamation Act of 1975 (SMARA) mandated the initiation of mineral land classification by the State Geologist in order to help identify and protect mineral resources in areas within the State subject to urban expansion or other irreversible land uses which would preclude mineral extraction. SMARA also allowed the State Mining and Geology Board (SMGB) to designate lands containing mineral deposits of regional or statewide significance in accordance with classification criteria from the State Geologist. The project site is located on land that is designated MRZ-1 on California Division of Mines and Geology mineral resources maps, indicating an area where adequate information indicates that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence. The project site is already urbanized, consisting of development precluding mineral extraction. Furthermore, there are no known state designated mineral resources or locally -important mineral resources recovery sites on or within the vicinity of the project area. Therefore, implementation of the proposed project would not result in the loss of access to lands potentially containing mineral resources. No impacts would occur and no mitigation is required. 11. NOISE -Would the proiect: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels. Potentially Significant Unless Mitigated (Sections a, c). Potential noise impacts are commonly divided into two groups: short-term construction and long-term. Short-term impacts are usually associated with noise generated by construction activities. Long-term impacts are further divided into impacts on surrounding land uses generated by a project and those impacts which occur at a project site. Construction activity would result in a temporary increase in ambient noise levels in the project vicinity that would cease once construction is completed. Noise levels may exceed outdoor noise standards for the land uses in the immediate vicinity of the project site during construction which is expected to last approximately six months. Additionally, construction vehicle startup activities may result in a.temporary increase in ambient noise levels in the vicinity of the alternative construction staging areas described in Section 8 of this Initial Study. The severity of impacts to nearby residential units would be adverse associated with staging area Alternatives 1 and 2, located as close as 30 feet to the nearest single-family homes. Residential units in the vicinity of staging area Alternative 3 are separated from the La Quinta Corporation Yard by a six -foot -high concrete wall atop a four -foot -high earthen berm that is vegetated with ornamental trees and shrubs. Therefore, noise impacts from construction vehicle startup at staging area alternative 3 are considered negligible. 31 43 19-9 Temporary construction noise is exempt from the standards of the La Quinta Noise Ordinance on weekdays between the hours of 7:00 a.m. and 5:30 p.m. from October 1 to April 30 and 6:00 a.m. to 7:00 p.m. from May 1 to September 30. Government holidays and Sundays are not exempt from the ordinance. Although construction noise impacts may be considered adverse, they would not be considered significant. The annoyance of construction noise can be limited with the implementation of standard noise control measures. Mitigation Measure '9 institutes a contract specification requiring the contractor to place construction and support equipment in the least -disruptive area away from nearby residential units as approved by the City Engineer, and construction of noise barriers on staging area alternatives 1 and 2 along perimeters where residences are in closest proximity to construction vehicle startup. In addition to limiting the hours of construction per the City Noise Ordinance, these requirements will be placed on the covers of the grading and construction plans. The proposed project is a bridge and roadway improvement project and would improve traffic flow in the project area. Increased traffic speeds may result in an incremental increase in noise levels in the immediate vicinity of the project site. However, the proposed project was anticipated in the Traffic and Circulation Element of the General Plan and noise impacts to surrounding uses were accounted for during the General Plan 'CEQA documentation process. Therefore, no significant long-term changes to existing noise levels currently experienced in the area are anticipated. The following mitigation measure would apply to the proposed project. This measure is proposed in order to minimize nuisance noise impacts on residences and comply with existing City of La Quinta Noise Ordinance: MM-9 If construction vehicles are stored at either staging areas 1 or 2 adjacent to Montezuma Community Park, construction and support vehicles and equipment will be staged in the least disruptive area as far as possible, from nearby occupied residential units as approved by the City Engineer. Additionally, a temporary noise barrier, consisting of an eight foot high, %-inch plywood partition will be constructed along the northern perimeter of staging area 1 or southern perimeter of staging area 2, in order to reduce nuisance noise impacts to residents in neighboring structures. Less Than Significant Impact (Section b). Project implementation would not be expected to generate long-term, excessive groundborne vibration or noise beyond the existing condition. The potential exists for short-term temporary groundborne vibration impacts during construction, particularly during drilling for the CIDH pilings, roadway pavement, and asphalt ripping. Due to the short duration of construction activities and because construction activities would be conducted within the parameters of the City of La Quinta Noise Ordinance, potential impacts associated with ground -borne vibration are considered less than significant. No Impact (Sections d-e). The proposed project is not located within the vicinity of a private airstrip or public airport. No impacts associated with these land uses would occur and no mitigation would be required. 12. POPULATION AND HOUSING -Would the proiect: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through the extension of roads or other infrastructure) ? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 32 44 '-). ,� A1A.,J No Impact (Sections a-c). The proposed project is a street and bridge improvement project that does not provide access to previously inaccessible areas and would therefore not have growth inducing effects on population. As described in Checklist Responses 15a) and 15b), the proposed - project is in compliance with adopted traffic policies and forecasts. In addition, the proposed project was anticipated in the Traffic and Circulation Element of the City of La Quinta General Plan and the County of Riverside Plan of Arterial Highways (MPAH). The project would not result in direct or indirect population growth impacts and no mitigation is required. The proposed project is a roadway and bridge improvement project that would not remove or displace homes. Land uses proximate to the project site include residential and recreational uses; however, project implementation would not displace or adversely affect existing or planned land uses proximate to the study area. No mitigation is required. 13. PUBLIC SERVICES -Would the project: a) Would the project result in substantial adverse physical impacts associated with the provision of, or need for, new or physically altered government facilities to maintain acceptable service ratios, response times, or other performance objectives for any of the public services, which could cause significant environmental impacts: Fire protection? Police protection? Schools? Parks? Other public facilities? Less Than Significant Impact. The proposed project is a street and bridge improvement project and would not directly affect emergency police or fire services. With the proposed project, the roadway would operate at an improved level of service and would reduce response times for emergency vehicles. Short-term traffic delays may occur during construction. This short-term impact would not be considered significant because the bridge and road would remain open during construction. Additionally, a Traffic Control Plan would be prepared to address construction work hours, maintenance of pedestrian facilities, and emergency vehicle access (See Section 15 of this Initial Study regarding the Traffic Control Plan). The project involves street and bridge improvements and would not create student generation. for local schools. Local school buses may use Eisenhower Drive as a travel route and may be delayed by construction activities. As with other traffic in the area, the delays would not be substantial and construction would be of a short duration. While the school district may choose to re-route their school buses during the construction phase of this project as a result of time constraints, this impact is temporary and would be considered less than significant. The following mitigation measure would reduce the nuisance impact of construction of the proposed project on public services. MM-10 No less than four weeks prior to commencement of roadway demolition and grading activities, the City of La Quinta, will provide notice to the City of La Quinta Fire Department, City of La Quinta Police Department, and the school district indicating that they may experience delays on the project roadway segment and providing a schedule with the expected duration of each construction task. 14. RECREATION -Would the protect: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities causing physical deterioration of the facility? 33 45 b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? No Impact (Sections a, b). The proposed project would not generate an increase in population or increase the demand for local or regional parks or other recreational facilities. Furthermore, the proposed project does not include recreational facilities or require the construction or expansion of any recreational facilities. No mitigation is required. 15. TRANSPORTATION AND TRAFFIC -Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i. e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 17 Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks) ? Less Than Significant Impact (Sections a, b, e). The primary objective of the project is to improve traffic circulation on Eisenhower Drive by converting an existing two-lane collector road to a four -lane primary arterial, effectively doubling the traffic capacity of Eisenhower Drive between Avenue 50 and Calle Tampico. Therefore, although the increased capacity resulting from project implementation would likely result in increased long-term traffic on Eisenhower Drive, it would not be expected to result in any exceedance of the capacity of the street system or levels of service standards established by the City of La Quinta. The proposed project is being implemented in accordance with the Traffic and Circulation Element of the La Quinta General Plan and County MPAH and impacts to the City of La Quinta circulation system were analyzed and approved during their respective environmental review processes. Lanes would remain open in both directions of travel during the construction phase. Construction operations may result in traffic delays on Eisenhower Drive. Construction employee traffic would add up to 60 peak hour trips per day. These delays and additional trips would not be expected to appreciably add to the local traffic load. However, the following mitigation measure will further reduce the short-term traffic impact resulting from project construction. MM-11 The project contractor will be required to submit a Traffic Control Plan to the Public Works Department for review and approval. This plan would address construction hours, maintenance of pedestrian facilities, and emergency vehicle measures, as well as include measures to minimize potential traffic delays. Said plan would be submitted and approved by the City prior to issuance of either grading or construction permits, whichever occurs first. 34 46 All lanes would remain open during construction. Therefore, the proposed project is not expected to result in constraints to local or regional emergency access. No impacts are anticipated and no mitigation is required. No Impact (Sections c-d & f-g). The proposed project is a street and bridge improvement project and would not affect air traffic patterns or levels. The current roadway configuration has no parking and none is proposed with the project. The project has been designed to incorporate specific features (e.g., visibility, access, necessary lanes, etc.) to ensure safety. The roadway design does not contain any sharp curves and intersection/turn lane improvements would be adequately signed and/or signalized in accordance with City roadway standards. Furthermore, no land uses adjacent to the proposed project site are incompatible with, nor, would they become incompatible with one another as a result of, the proposed project. The proposed project promotes the use of alternative transportation by providing bike paths and sidewalks in both directions of travel. Additionally, no bus stops or turnouts would be impacted by project implementation. The project would be in compliance with the Traffic and Circulation Element of the La Quinta General Plan and County MPAH. No impacts are anticipated and no mitigation is required. 16. UTILITIES AND SERVICE SYSTEMS -Would the aroiect: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project Is projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? No Impact (Sections a-f). The proposed project is a roadway and bridge improvement project and would not result in the need for wastewater treatment, new stormwater drainage facilities, or expansion of existing facilities, require long-term water supplies or result in the need for long-term solid waste services. The construction contractor will be responsible for demolition and construction debris waste disposal for the proposed project. A proportion of demolition and construction debris will be recycled at a local facility. Asphalt and concrete debris from the existing bridge structure and road may be recycled at the Granite Construction Company in the City of Palm Desert. Current storm drains in Eisenhower Drive serve to drain runoff from the roadways to the La Quinta Evacuation Channel and would continue to function in the same capacity. As part of project design, the replaced curb and gutter would also have storm drains installed to City of La Quinta Department of Public Works standards. Therefore, no impacts to utilities and service systems are anticipated and no mitigation is required. 35 47 U 17. MANDATORY FINDINGS OF SIGNIFICANCE a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals, or eliminate important examples of the major periods of California history or prehistory? Potentially Significant Unless Mitigated. The proposed project does not have the potential to degrade the quality of the environment or substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels or threaten to eliminate a plant or animal community or reduce or restrict the range of a rare or endangered plant or animal. The proposed project is located in an urbanized area that is already built out. No habitat suitable to support special status plant or wildlife species exists on or adjacent to the project site. Construction of the proposed project would not have a significant impact on fish or wildlife populations or plant or animal communities. Substantial historic, archaeological, and paleontological resources are located within one -half -mile radius of the project site and may occur on the site. As such, the project may result in an impact on important examples of the major periods of California history or prehistory. However, mitigation measures 3 through 5 in Section 5 of this Initial Study would avoid or reduce these potential impacts to a level considered less than significant. b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? No Impact. The proposed project is being constructed to achieve the long term goal of reducing or preventing traffic congestion in the project vicinity and the City circulation system. No long-term impacts are anticipated with project implementation. c. Does the project have impacts that are individually limited, but cumulatively considerable? (,,Cumulatively considerable "means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Less Than Significant Impact. The proposed project is a roadway improvement project that has been anticipated in the General Plan and County of Riverside Master Plan of Arterials and as such, its effects have been analyzed and approved on a region -wide basis. Construction of the La Quinta Village Apartments is expected to be complete in early 2004. Additionally, construction of the Calle Tampico Elementary School is expected to be completed in April 2005. Grading operations for the Tampico Elementary School will be complete prior to initiation of grading. operations for the proposed project. Therefore, construction of the proposed project is not expected to occur concurrently with other projects in the immediate vicinity. No significant cumulative impacts are anticipated. d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant. The proposed project may result in nuisance air quality, noise, and traffic impacts during construction. However, these impacts, although adverse, are considered less than significant due to their temporary nature and short duration. 3s 48 ti ' 4 SOURCES BonTerra Consulting (9/18/2003). Biological Constraints Survey for a Street improvement Project in the City of La Quinta, Riverside County, California. BonTerra Consulting (10/17/2003). Preliminary Cultural Resources Assessment: Eisenhower Drive Improvement Project, City of La Quinta, Riverside County, California. City of La Quinta (2002). Master Environmental Assessment. City of La Quinta (2002). Comprehensive General Plan. City of La Quinta Municipal Code. Coachella Valley Association of Governments (CVAG) (2003). Draft Coachella Valley Multiple Species Habitat Conservation Plan. Department of Mines and Geology (2000). Seismic Hazards Maps -La Quinta USES Quadrangle. Environmental Data Resources (EDR) (2003). EDR Radius Map Records Search with Geocheck. Site Visit conducted by Sam Stewart, Project Manager for Bonterra Consulting, on September 18, 2003. South Coast Air Quality Management District (SCAQMD). California Environmental Quality Act (CEQA) Handbook. South Coast Air Quality Management District (2002). URBEMIS Air Emissions Model, Version 7.4.2. The Nature Conservancy (1985). Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. Coachella Valley Fringe -toed Lizard Steering Committee; Chaired by the Nature Conservancy, San Francisco, 155 p. R:\Projects\MoffattUO07YSMND-040604.DOC KIM 49 r) 0 5 APPENDIX A BIOLOGICAL CONSTRAINTS LETTER 50 1��6 C O N S U L T I N G September 13, 2003 Mr. Oscar Orci City of La Quinta • 78-495 Calle Tampico La Quinta, CA 92253 Subject: Biological Constraints Survey for a Street Improvement Project in the City of La Quinta, Riverside County, California Dear Mr: Orci: .:- This report summarizes the findings of a biological constraints survey on an approximately 2.8-acre site (hereinafter referred to as the project site) in the City of La Quinta, Riverside County, California. The purpose of the survey was to evaluate any potential biological constraints that may be present on the project site. The project site was surveyed by Sam Stewart, BonTerra Consulting Ecologist, on September 12, 2003. Prior to conducting the survey, the California Native Plant Society's (CNPS) Inventory of Rare and Endangered Vascular Plants of California (CNPS 2003) and the California Department of Fish and Game's (CDFG) Natural Diversity Database ----, (CNDDB) were reviewed. Protect Location and Description The project site consists of Eisenhower Drive from Avenue 50. to approximately 700 feet north of Calle Tampico in the City of La Quinta, Riverside County. The project site encompasses approximately 2.8 acres, primarily within existing right-of- way (ROW) for the roadway easement. The site is shown on the U.S. Geological Society's La Quinta 7.5 x 15-minute topographic quadrangle map as a portion of Section 1, Township 6 South and Range 6 East. The project site topography is relatively flat with elevations ranging from 35 to 55 feet above mean sea level (msl). Survey Results Vegetation Vegetation on the project site consists of ornamental and ruderal vegetation types and disturbed areas. Ornamental vegetation consists of landscaping that is typical of recreational and residential urban environments in the Coachella Valley and consists of plantings of non-native and native ornamental shrubs and trees. Ornamental Ci splendens), fuschia shrubs observed on the project site include ocotillo (Fouquieria (Fuscia sp.), chuparosa (Justicia califomica), oleander (Nerium oleande6, olive (Olea ' sp.), arrow weed (Pluchea sericea), and rosemary (Rosemarianus sp.). Ornamental ;.� ; ^. trees observed on the project site include palo verde (Cercidium sp.), gum tree ' ` ' c 04.(Eucalyptus spalm Washin tonia s poplar Po ulus s locust bean (Robinia `Z ; n,; sp.), pepper (Schinus sp.), and salt cedar (Tamarix sp.) Ornamental trees on the 4 4.project site are less than 20 feet tall, with the exception of rows of palms on the east nX and west sides of Eisenhower Drive. Ground cover in the landscaped areas consists of non-native turf grasses. Vegetation in ruderal areas consists of non-native species {1•'JJ V:%. �:`:J:'.c"'.i' 1".1C:C'3i� �...fi� <'ti3 . f.:C� (Ts Mr. Oscar Orci September 13, 2003 Page 2 including Russian thistle (Salsola tragus) and puncture vine (Tribulus terrestra). No natural drainages intersect the project site. The La Quinta Channel is concrete -lined and contains no native vegetation. Therefore, no riparian habitats, waters of the U.S., or wetlands occur on the project site. Wildlife The proposed project is a roadway and bridge improvement project that lies within a fully urbanized environment characterized by a mix of recreational and residential uses. There is no vacant land on the project site with the potential to support any special status native plant species or habitats or special status wildlife species. Common wildlife species potentially occurring on the project site include primarily non-native species or common native species that have adapted to urban areas within the Coachella Valley. Common wildlife species observed during the survey consisted of bird species. No amphibian, reptile, or mammal species were observed during the survey. However, coyote (Canis latrans) scat was observed under the bridge indicating that this species likely uses the bridge as a movement crossing. Common bird species observed during the survey included mallard.(Anas platyrhyncos), American coot (Fulica americana), American kestrel (Falco sparverius), mourning dove (Zenaida macroura), greater roadrunner (Geococcyx californianus), western kingbird (Tyrannus verticalis), verdin (Auriparus flaviceps), cactus wren (Campylorynchus brunneicapillus), northern mockingbird (Mimus polyglottos), great -tailed grackle (Ouiscalus mexicanus), and American goldfinch (Carduelis tristis). Although the bridge may be used for wildlife movement in the project vicinity, no migratory wildlife corridors occur on or in the vicinity of the project site. Furthermore, the La Quinta Channel's capacity as a wildlife crossing would not be adversely compromised because the channel would remain accessible during non -construction hours (from 5:00 p.m. to 7:00 a.m.) when terrestrial wildlife is most likely to use the crossing. Mud nests constructed by cliff swallows (Petrochelidon pyrrhonota) were observed on the underside of the Eisenhower Bridge. At least 200 nests were observed beneath the bridge representing a substantial nesting colony. This species builds enclosed jug shaped nests on the underside of cliffs, rock outcrops, and man-made structures from March through May producing and fledging offspring through August when it. migrates south to Mexico and Central America. The cliff swallow is a migratory bird species that is protected by the Migratory Bird Treaty Act (META) of 1918 which prohibits the take or disturbance of an active nest of any migratory bird species listed under the act. Special Status Species Special status resources include plant and wildlife species, and vegetation types and the habitats they provide. These species have generally been afforded this recognition by federal and state resource agencies, as well as private conservation organizations. In general, the principal reason an individual taxon (e.g., species, subspecies, or variety) is given such recognition is the documented or perceived decline or limitations of its population size, or geographic range, and/or distribution resulting in most cases from habitat loss. Special status habitats are considered to be "depleted" habitats by the CDFG (CNDDB 2003) No special status habitats occur on the project site; therefore, the following discussion of special status biological resources is restricted to individual taxon. Special status species potentially occurring on the project site were identified during the records search as occurring in the project region. The project region for this analysis is an approximately 250 square mile area in eastern 52 Mr. Oscar Orci September 13, 2003 Page 3 Riverside County represented by the La Quinta, Myoma, West Berdoo Canyon and Indio USGS 7.5 x 15-minute quadrangle maps. One federally- and/or state -listed Endangered plant species is known to occur in the project region, the Coachella Valley milk -vetch (Astragalus lentiginosus var. coachellae). This species is not expected to occur on the project site due to the predominantly developed nature of the project site and the lack of suitable soils in disturbed or ruderal areas. Several CNPS List 1 B and List 2 plant species are known to occur in the project region. These species may meet the criteria in Section 15380 of the California Environmental Quality Act (CEQA), which states that if a species meets the definition of Threatened or Endangered, it may be treated as such under CEQA. Therefore, if a population of these species is found, impacts to these species may be considered significant according to CEQA. CNPS Lists 1 B and 2 species known to occur in the project region include the Deep Canyon snapdragon (Antirrhinum cyathiferum), flat -seeded spurge (Chamaesyce platysperma), glandular ditaxs (Ditaxis claryana), California ditaxis (Ditaxis serrata var. califomica), creamy blazing star (Mentzelia tridentata), slender woolly -heads (Nemacaulis denudate var. gracilis), purple stemodia (Stemodia durantifolia), and Mecca aster (Xylorhiza cognata). These species are not expected to occur on the project site due to the lack of suitable soil types. Federally- and/or state -listed Threatened or Endangered wildlife species known to occur in the project region include the desert pupfish (Cypdnodon macularius) and Coachella Valley fringe -toed lizard (Uma inomata). Neither of these species is expected to occur on the project site due'to lack of suitable habitat (i.e., permanent water or windblown sand, respectively). Several federal Species of Concern and state Species of Special Concern are known to occur in the project region. These species may meet the criteria in Section 15380 of the CEQA, which states that if a species meets the definition of Threatened or Endangered, it may be treated as such under CEQA. Therefore, if a population of these species is found, impacts to these species may be considered significant according to CEQA. Federal Species of Concern and/or state Species of Special Concern known to occur in the project region include the burrowing owl (Athene cunicularia), northern red -diamond rattlesnake (Crotalus ruberruber), prairie falcon (Falco mexicanus), Coachella giant sand treader cricket (Macrobaenetes valgum), cheeseweed owifly (Oliarces clara), Nelson's bighorn sheep (Ovis canadensis nelson!), Palm springs pocket mouse (Perognathus longimembris bangsi), flat -tailed horned lizard (Phrynosoma mcalli), black -tailed gnatcatcher (Polioptila melanura), vermillion flycatcher (Pyrocephalus rubinus), Palm Springs round -tailed ground squirrel (Spermophilus tereticaudus chlorus), crissal thrasher (Toxostoma crissale), and LeConte's thrasher (Toxostoma lecontet). None of these species are expected to occur on the project site due to lack of suitable habitat. Conclusions/Recommendations The project site currently supports a rather large nesting colony of cliff swallows. In California, unlike some other states, a permit is not required to remove nests under construction that do not contain any new eggs or young, or nests abandoned following the breeding season. Therefore, the following mitigation measures are recommended to avoid potential impacts to the cliff swallow: MM-1 If feasible, bridge construction should not occur between the months of February and ! August. No limitations on construction shall occur at any other time of the year (i.e., September through January). I r 1 53 Mr. Oscar Ord September 13, 2003 Page 4 MM-2 If construction during the cliff swallow breeding season (February through August) is unavoidable, all existing nests shall be removed by a qualified biologist between October 31 and January 31. All traces of mud shall be removed from the underside of the bridge to prevent swallows from rebuilding old nests or the remnants of deteriorated nests. The qualified biologist shall conduct weekly site inspections, or as often as deemed necessary by the biologist, to inspect the bridge for nesting activity and repeat nest removal practices if necessary. MM-3 If construction during the cliff swallow breeding season (February through August) is unavoidable, all existing nests shall be removed by a qualified biologist between October 31 and January 31. All traces of mud shall be removed from the underside of the bridge to prevent swallows from rebuilding old nests or the remnants of deteriorated nests. Flexible material panels (e.g., fiberglass) shall be installed in all right angles between the eave and walls or columns forming a smooth, concave surface in order to prevent access to right angles on the structure thereby making nest attachment difficult to impossible. Installation shall be approved by the qualified biologist who will conduct weekly site inspections, or as often as deemed necessary by the biologist, to inspect the bridge for nesting activity and repeat nest removal practices if necessary. The project site contains no special status habitat types or native or non-native vegetation types that could support special status plants or wildlife species. Therefore, no additional biological constraints to development currently exist on the project site and no additional recommendations or restrictions pertaining to biological resources would apply. Respectfully submitted, BONTERRA CONSULTING Ann M. Johnston Principal of Biological Services R:\Pro* w\Mottatt\.W7' fo Constralnts-121603.DOC REFERENCES Sam C. Stewart, IV Project Manager/Ecologist Abrams, L. 1923. Illustrated Flora of the Pacific States, Volumes 1,11, and Ill. Stanford University Press, Stanford, California. Abrams, L. 1960. Illustrated Flora of the Pacific States, Volume IV. Stanford University Press, Stanford, California. [AOU] American Ornithologists' Union. 1998. Check -list of North American Birds. 7`" ed. American Ornithologists' Union. Washington, DC. California Department of Fish and Game. 2003. California Natural Diversity (RareFind) Database. California Department of Fish and Game, Natural Heritage Division, Sacramento, California. California Native Plant Society (CNPS). 2003. Electronic Inventory of Rare and Endangered Vascular Plants of California. California Native Plant Society, Sacramento, California. 54 210 Mr. Oscar Ord September 13, 2003 Page 5 Collins, Joseph T. and Travis W. Taggart. 2002: Standard Common and Current Scientific Names for North American Amphibians, Turtles, Reptiles and Crocodilians. Fifth Edition. Publication of the Center for North American Herpetology, Lawrence. Iv + 44 pp. Hickman, J.C. Editor. 1993. The Jepson Manual Higher Plants of California. University of California Press, Berkeley, California. Sawyer, John O. and Todd Keeler -Wolf. 1995. A Manual of California Vegetation. California Native Plant.Society, Sacramento, California. Sibley, John, 2000. Birds of North America. Audubon Press. Los Angeles, California. Stebbins, Robert C. 2003. A Field Guide to Westem Reptiles and Amphibians - 3`d Edition. Houghton Mifflin Company. Boston 55 0.11 APPENDIX B CULTURAL RESOURCES ASSESSMENT LETTER `' 19 6-. Iflo 56 i7.. j 9.lax �ni. Jvri.bor grace; ;u''-in a.com )ctober 17, 2003 , Ir. Oscar Orci ,ommunity Development 'Pity of La Quinta 8-495 Calle Tampico a. Quinta, CA 92253 subject: Preliminary Cultural Resources Assessment: Eisenhower Drive Improvement Project, City of La Quinta, Riverside County, California ►ear Mr. Orci: �onTerra Consulting has completed a preliminary cultural resources assessment for ie Eisenhower Drive Improvement Project in the City of La Quinta, Riverside County, :alifornia. In accordance with the Califomia Environmental Quality Act (CEQA), the ssessment was performed in support of an Initial Study (IS) for the project. Aroduction he project is located on the western edge of the Coachella Valley in the northern rea of the City roughly 5.5 miles south of Interstate 10 and 2.5 miles south of State route 111 (Exhibits 1 and 2). This location appears on the USGS La Quinta.7.5' Wadrangle in the northeast quarter of Section 1, Township 6 South, Range 6. East xhibit 3). The elevation of the project area is approximately 40 feet above mean ea level (msi), and the topography is essentially flat. 'he project involves widening and other improvements to Eisenhower Drive eginning at Avenue 50 to approximately 700 feet north of Calle Tampico Avenue. Mening will require acquisition of new right-of-way along both sides of Eisenhower ►rive, affecting private properties such as the Haciendas at La Quinta, Santa Rosa ,ove, La Quinta Country Club, and La Quinta Resort and Club Mountain Course. he La Quinta Channel bridge on Eisenhower Drive will also be affected. :ultural Resources Records Search cultural resources records search was conducted on October 10, 2003 by the astern Information Center (EIC) at University of California, Riverside (Appendix A). he EIC is the state -designated repository for records concerning archaeological and istorical resources in Riverside County. The records search provided information n known resources and related studies within a one -mile radius of the project area. o augment the records search by the EIC, BonTerra Consulting also reviewed ublished accounts of cultural resources in Riverside County, such as Landmarks of 'iverside and the Stories Behind Them (Patterson 1964), Guideposts to History, bachella Walley Edition (David Otis 1977), Riverside County Place Names (Gunther 985), Harvest of the Sun, An Illustrated History of Riverside County (Brown 1985), _nd Guide To The Historic Landmarks of Riverside County (,Jennings et al. 19931. 57 21� Mr. Oscar Orci October 17, 2003 Page 2 This assessment has been prepared by Richard S. Shepard, M.A., Cultural Resources Manager at BonTerra Consulting. Mr. Shepard is a Registered Professional Archaeologist (RPA) qualified under Secretary of the Interior standards (Appendix B). BonTerra Consulting is recognized by the County of Riverside as a qualified environmental contractor. Records Search Results The results of the records search showed that 18 archaeological sites and five isolated artifacts have been recorded within one mile of the project, but none are recorded within or adjacent to the Eisenhower Drive project area. Fourteen sites are prehistoric in nature and four sites represent historic -era trash deposits. The 18 archaeological sites are summarized below in Table 1. TABLE 1 ARCHAEOLOGICAL SITES RECORDED WITHIN ONE MILE OF THE PROJECT EIC Designation Date(s) Recorded Archaeological Description CA-RIV-151 1960, 1972 Prehistoric ceramic fragments, lithic tools, bone CA-RIV-296 1963 Prehistoric lithic/shell/ceramic artifacts, human cremation CA-RIV-1179 1972, 1984 Prehistoric habitation area, fire -affected rock, fish bone, ceramic fragments, several human cremations (cemetery) CA-RIV-1180 1972, 1979, 1980, 1981, 1985 Prehistoric burned rock features, ceramic fragments, fish bone, shell ornament, flakes, ground stone fragment CA-RIV-1983 1980 Prehistoric flakes, ceramic fragments, ground stone tool CA-RIV-2827 1984 Prehistoric ceramic fragments, fire -affected .rock, metate fragment, shell, bedrock milling feature CA-RIV-3676 1995 Prehistoric bedrock milling feature (metate) CA-RIV-3677 1989, 1999 Prehistoric bedrock milling feature (mortar) CA-RIV-3678 1989. 1999 Prehistoric bedrock milling feature (metate), ceramic item CA-RIV-5972 1997 Prehistoric ceramic fragments CA-RIV-6074 1998 Prehistoric ceramic fragments, flakes, fire -affected rock, metate fragment, fish bone CA-RIV-6177 1999 Prehistoric bedrock milling feature (metate) CA-RIV-6178 1999 Prehistoric bedrock milling feature (metate), ceramic frag CA-RIV-6179H 1999 Historic trash scatter (primarily glass fragments and cans) CA-RIV-6180H 1999 Historic trash scatter (primarily can fragments, ceramics) CA-RIV-6181 H 1999 Historic trash scatter (primarily cans and glass fragments) CA-RIV-6182H 1999 Historic trash scatter (primarily glass fragments and cans) CA-RIV-7039 2003 Prehistoric hearth features with artifacts and faunal bone The nearest recorded site is CA-RIV-5972, a wide scatter of prehistoric ceramic fragments located roughly 1,000 feet south of the intersection of Calve Tampico and Eisenhower Drive. Mr. Oscar Orci October 17, 2003 Page 3 The results of the records search also showed that nine built -environment resources (buildings, structures, and other -constructed features) are located within one mile of the project. None are recorded within the project area. The nine properties are summarized below in Table 2. TABLE 2 CONSTRUCTED RESOURCES RECORDED WITHIN ONE MILE OF THE PROJECT EIC Designation Date(s) Recorded Built -Environment Description 33-7254 1981 Residence known as "La Casita°, ca. 1930 33-7255 1981 Office building, first real estate office in La Quinta, 1936 33-7256 1981 Office building, former grocery and post office, ca. 1945 33-7257 1981 Community center building and grounds, 1939 33-7258 198.1, 1997 La Quinta Hotel complex and grounds, 1926 33-7259 1981 Residence, early development in La Quinta, ca. 1928 33-7260 1981 Residence, early development in La Quinta, ca. 1930 33-8165 1996 One -mile segment of "Old Avenue 52" roadway, ca. 1930 33-8308 1981 Ranch house, early development in La Quinta, ca. 1930 and possibly an earlier adobe house and shed One of these properties (33-7258) is located near the northwestern terminus of the project and corresponds to the 1926 La Quinta Hotel complex located north of Avenue 50 and west of Eisenhower Drive. In 1997, the historic hotel, 20 associated casitas (cottages), and landscaped grounds were determined to be a significant local resource and eligible for the National Register of Historic Places as a historic district. The importance of the La Quinta Hotel is reflected in published accounts of historic resources in Riverside County. The EIC reviewed the Office of Historic Preservation's Historic Property Data File (HPDF) for Riverside County, which includes listings for the National Register of Historic Places, California Register of Historic Resources, California Historical Landmarks, and California Points of Historical Interest, but no additional historic properties are known in proximity to the project. The 1904 USGS Indio 30' Quadrangle indicates no circa 1900 development in the area of the city. In contrast, the 1941 Toro Peak 15' Quadrangle shows the developing city and early alignment of Eisenhower Drive, including a building along the east side of the project area. Presumably, a bridge was in place for the roadway to cross the drainage now represented by the La Quinta Channel. The 1959 Palm Desert 15' Quadrangle shows much the same image, but no buildings adjacent to the project area, indicating that no properties of historic age (i.e., those 45 years and older, according to the Office of Historic Preservation) will likely be affected by right-of-way acquisitions for the project. However, based on USGS map indications, the La Quinta Channel bridge may date to as early as 1941 and may represent a structural resource of historic age. The EIC reported that at least 22 cultural resources investigations have been conducted within one mile of the project (see. bibliography in Appendix A). Two of these studies (Berryman 1977 and Love et al. 2000) involved portions of the current project area, but no resources were identified in or adjacent to their respective coverage of Eisenhower Drive. According to EIC records, more than 60 per cent of the project alignment has not been formally surveyed for cultural resources. 59 4. 15 Mr. Oscar Orci October 17, 2003 Page 4 Constraints Analysis ~_ No cultural resources,are known within the project alignment, and only one resource has been recorded in relative proximity to the project. The historic La Quinta Hotel complex, located just northwest of the intersection of Eisenhower Drive and Avenue 50, has been determined to be a significant local resource and eligible for the National Register of Historic Places. As such, it is also significant under CEQA, and any impacts to the property should be avoided. Although the boundaries of the resource originally included the northwestern corner of the intersection, a smaller area of modern development (Santa Rosa Cove Townhomes) is now present at the corner, and the hotel complex appears to be situated behind (northwest of) the modern buildings. Furthermore, no project -related improvements or acquisition of right-of-way will take place at the northwestern corner, and the project will therefore not encroach upon or affect this significant resource. Based on USGS map data, no buildings situated within the properties from which new right-of-way will be acquired are believed to be historic, and the project is not expected to compromise the integrity of any known historic properties. Although the La Quinta Channel bridge is relatively recent in appearance, no date of construction is available at this time. The age of the bridge should be established and documented to determine whether it represents a historic structural resource. If so, it may require evaluation by an architectural historian prior to project -related impacts. Mr. Shepard has not undertaken a field inspection of the project area, but has reviewed 29 digital photographs taken on September 13, 2003. Much of the project area appears to be developed or otherwise disturbed, but open soils are present in some areas. Given the area's sensitivity for prehistoric archaeological materials (Table 1), the presence of additional materials is possible. Recommendations To proceed with the project, BonTerra Consulting recommends 1) a formal survey of previously unsurveyed areas of the project by a qualified archaeologist familiar with the characteristic prehistoric evidence of the region; and 2) establishing the date of construction of the La Quinta Channel bridge to determine whether it represents a historic structural resource. The results of these efforts will determine if any further cultural resources constraints must be addressed. A technical report presenting the results of the new field survey should be prepared to meet CEQA, County of Riverside, and City of La Quinta standards. Please contact Sam Stewart or myself at (714) 444-9199 if you have any questions. Sincerely, BOriT,ERRA CONSULTING Richard S. Shepard, M.A., RPA Cultural Resources Manager Attachments M i! N Q Qw I :bl LOX 4.17 I Local Vicinity Eisenhower Drive Improvement Project 0.26 0 0.25 0.5 M"S SWMQ-. u$ uOron Wisau 1 "r-K Lwu Exhibit 2 C 0 N 5 U i P I N G S.Wst-6xhwftMAa1(NCJ007 lV 101401.p01 62 0 18 •l.j:.}''..:_':;Y%:r'Z..: i; :•tip. rsS,•r�.:•:fiii:((,f..:�,> }:.,`�"',t=::`:�,�;'':T:'r •%�'•J::'•:�y+�:]�',.I:. /' $b •�r; "thy /.: `^.::`^'•.. 1',5 ay: _ .•,t^r 41+ ill, .;1'•,•!, ._./!•v. r..�:!•'•\': ::r"_••1 �y}} � � ' ..> •'i:r,, ::�, ! r :./ ,{� 1 •.•t.:-',�: _at l„ ;r -a-r t ✓>'::?'': Xl.� ..'r,.: ,» z•. ✓..� /•; n •.'�iC:::-.5"+ . J• '. ::� � ,': � r:., �r:. i t • .'\ , •. �a7ri ... C -: r�'� :.'�:' :!: v?1.,,, .. :i'r: ✓._" J: ,:.�•�: .,.}f:y .. =•rr� 4b� •�% .. '•��•'.• j• •, C;, :,�• •��% <•�.`�: • } 1 ' is ! ;�' ,,. f `, 'a'A :t .l. Y Irl`,:•:�.:!tii ,, ,,S� i. •'' .! f ,._,:: .(:.,�if •' — ? t �'i r':� lf•'./r, .Cv,-�" _�'.:' s::J.t�!1•'{. 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"ISTORICAL RESOURCES INFORMATION SYSTEM Richard Shepard Bonterra Consulting 151 Kalmus Drive, Suite E-200 Costa Mesa, CA 92626-7969 Easwn iniormdon Canter Department of a ftWofty unowsny of cioftmia Riverside, CA M21-0418 e OW).7e7=5-74s FaX (M) 787-54M October 10, 2003 RS # 2994 Re: Cultural Resources Records Search for Moffatt J007 La Quinta Dear Mr. Shepard, We received your request on October 8, 2003, for a cultural resources records search for the Moffatt 3007 La Quanta project located in Section 1, T.6S, R.6E, SBBM, In the city of La Quinta in Riverside County. We have reviewed our site records, maps, and manuscripts against the location map you provided. Our records indicate that 22 cultural resources studies have been conducted within a one -mile radius of your project area. Two of these studies involved a portion of the project area. Three additional studies provide overviews of cultural resources in the general project vicinity. These reports are listed on the attachment entitled "Archeological Reports" and are available upon request at 15�/page plus $30/ hour. The KEYWORD section of each citation lists the geographic area, quad name, listing of trinomials (when identified), report number in our manuscript files (RI #), and the number of pages per report. No cultural resources properties are recorded within the boundaries of the project area. Our records indicate that 28 properties have been recorded within a one -mile radius of the project area. Copies of the records are included for your reference. The above information is reflected on the enclosed map. Areas that have been surveyed are highlighted in yellow. Numbers marked in pencil or blue Ink refer to the report number in our manuscript flies (RI #). Cultural resources properties are marked in red; numbers in black refer to Trinomial designations, those in green to Primary Number designations. Additional sources of information consulted are identified below. .National Register of Historic Places (03/12/02): no listed properties are located within the boundaries of the project area. 65�� Richard Shepard October 10, 2003 Page 2 Office of Historic Preservation, Archaeological Determinations of Eligibility (01/06/03): no listed sites are located within the boundaries of the project area. Office of Historic Preservation, Directory of Properties in the Historic Property Data File (01/06/03): no listed properties are located within the boundaries of the project area. The 1959 USGS Palm Desert 15' and the 1904 USGS Indio 30' topographic maps do not indicate the presence of possible historical structures or features within the boundaries of the project area. However, the 1941 USGS Toro Peak 15' topographic map shows historical structures or features present within the boundaries of the project area. Copies of the relevant portions of these maps are included for your reference. As the Information Center for Riverside County, it Is necessary that we receive a copy of all cultural resources reports and site information pertaining to this county in order to maintain our map and manuscript files. Confidential information provided with this records search regarding the location of cultural resources outside the boundaries of your project area should not be included in reports addressing the project area. Sincerely, Emile Jackson Information Officer Enclosures 66 09 THE ARMY TO iINEERS R. 6 E. f 19" 000 �Z 33*457 12 J. " Zoo • .j ...� 13 18 17 �tl 16 • - smaoa 1 BEET ♦- i t �' •ice,! t {/ 2� :,... {j lip e* a+ -� 2i 19 / I w '• j eM 2 1-46 . 1 i i ' , • 4y -- ., ( i i 20 I 21 - 21 —.._ • i IJWeI11t • rs•.'rq' ,j, �•<�-} -- .Q : i ; 29 30 }28 I ��f..! �� ; lti BMX 1•'. i . ]t'. �-- l � � ✓ � � e� } i � ll NA 33 j w • �xr� "{ �•; �•�.^��'� :.�� \. �r.�w1w rips _ =_----_.. _.. _.. _�—_._ .._'_. _._ .. _.� :�...._ ._ _.._ i La Quint$t -��,�.�f\ A t� /\..5� •'�1 N y�N ��r� � � �� /'-'. .rsf•t�w s�v.ar � J•1• It 49 :Pl CL�� 8 ' �t/`l�-,"tea �' �7 r i 2 Pj T.6 S. 20 21j " 1,rt•,J� �'n �J,`r^'�� ')1; 1 "�� '�`�` / / li�� - Y � �� r� ��.'.�}i,.} 1 Q ' , �Y ��i1�,��.-�. r �' i i C' _} �7-�(` •�. 1{,� .1..L, __.`• "T_''_ _ .'.:-;� :�.�" �' - '`..:•'r!'. �� "Lh-i '� �% � C7 f ;/�'--..i t/til, , " `�,1 J• } ;. I .--f�.��,` g W ..�3/r� ''. •�.. (-•�� '~� � A1i`'�.•.�•�.�� f iii'J!'%'f •1'. i:i �, � i i F= r.{ j + ,�� G��` ��:;`�'.= : ..r• �.. � 1,;-f: �,�� `tF':'-- -ti - _ 2c}. _ ,4�w � L7V'� t�-�Gt �. � ,rj i �,',t•. ._�11 •/ .•.,.� t ,i��-� L � :_��.� `.-,-i' --• - ....i ��\` �'�%1 �;•.,r"�'l, r :.'.�. f,; • .} •. tl�,` h C, 'N.' '� i h r _ r, .3 ... _ f , .; „ n rS•"i. �• :•- REPORTSNADB/Query ARCHEOLOGICAL Printed: 10/09/2003 Page: 001 Document No.: 1080271 Unpublished Report BERRYMAN , STANLEY R . "' 1977 ARCHAEOLOGICAL INVESTIGATION OF THE EXCAVATION CHANNEL FOR THE COACHELLA .VALLEY. TOUPS CORPORATION, LA JOLLA CA. SUBMITTED TO PRIVATE (COACHELLA VALLEY WATER DISTRICT). UNPUBLISHED REPORT ON FILE AT UCR, EASTERN INFORMATION CENTER, RIVERSIDE, CA 92521 Last Update: 06/25/2003 Cataloged by: WOR-CA-04 on 10/04/1988 Keywords: RI-0213 (6), 33 PP (7), 120 ACRES SURVEYED (4), LA QUINTA 7.5' QUADRANGLE (4), COACHELLA VALLEY (4), 33-0119 (CA-RIV-0119) (8), 33-0158 (CA-RIV-0158) (8), 33-0208 (CA-RIV-0208) (8), 33-1178 (CA-RIV-1178) (8), 33-1180 (CA-RIV-1180) (8), 33-1770 (CA-RIV-1770) (8) T `""___ Document No 1080392 ..________ Unpublished Report 1/57 BOWLES, LARRY L. L, 1978 ENVIRONMENTAL ASSESSMENT - NEAR LA QUINTA, COACHELLA VALLEY. AUTHOR. SUBMITTED TO PRIVATE. UNPUBLISHED REPORT ON FILE AT UCR, EASTERN INFORMATION CENTER, RIVERSIDE, CA 92521. Last Update: 06/05/2003 Cataloged by: WOR-CA-04 on 10/09/1988 Keywords: RI-0333 (6), 13 PP (7), 700 ACRES SURVEYED (4), LA QUINTA 7.5' QUADRANGLE (4), COACHELLA VALLEY (4), 33-1176 (CA-RIV-1176) (8), 33-1177 (CA-RIV-1177) (8), 33-1838 (CA-RIV-1838) (8), 33-3027 (CA-RIV-3027) (8), 33-3322 (CA-RIV-3322) (8), 33-6866 (CA-RIV-5773) (8), 33-6869 (CA-RIV-5771) (8)1 33-8422 (CA-RIV-6141) (8), 33-8425 (CA-RIV-6144) (8), 33-9517 (CA-RIV-6392) (8) -------------- ------------------- Document No.. 1080558` Unpublished Report 101 VAN HORN, DAVID AND M.J. AASVED 1979 SURFACE COLLECTION AND TEST EXCAVATION AT RIV-151 IN LA QUINTA, RIVERSIDE COUNTY, CALIFORNIA. ARCHAEOLOGICAL ASSOCIATES, LTD. SUBMITTED TO PRIVATE. UNPUBLISHED REPORT ON FILE AT UCR, EASTERN INFORMATION CENTER, RIVERSIDE, CA 92521 Last Update: 10/11/2000 Cataloged by: WOR-CA-04 on 10/18/1988 Keywords: 100 ACRES SURVEYED (4), 123 PP (7), CA-RIV-0151 (8), COACHELLA VALLEY (4), LA QUINTA 7.5' QUAD (4), MF #0451 (6) ----------------------------------------------------------------------------------- Document No.: 1080703 ,,. Unpublished Report LANDO, RICHARD _._. L..�b �2— 1979 CULTURAL RESOURCES RECONNAISSANCE (STAGE II) OF FLOOD CONTROL ALTERNATIVES PROPOSED FOR THE WHITEWATER RIVER BASIN, RIVERSIDE COUNTY, CALIFORNIA. ARCHAEOLOGICAL RESEARCH UNIT, U.C. RIVERSIDE. SUBMITTED TO U.S. ARMY CORPS OF ENGINEERS. CONTRACT NO. DACW09-79-M-1034. UNPUBLISHED REPORT ON FILE AT UCR, EASTERN INFORMATION CENTER, RIVERSIDE, CA 92521 68 � o -.--- so-.s=ssaass=sssss=sa-a==can=s=^.==mss=sx=sn=s=c==x==o==sc=cos==-=-=s=s=oases-=a ARCHEOLOGICAL REPORTS NADB/Query Printed: 10/09/2003 Pages 002. Document No.: 1080775 4 Unpublished Report JERTBERG, PATRICIA �` �- 1981 ARCHAEOLOGICAL SALVAGE INVESTIGATIONS OF CA-RIV-1180, LOCUS H AND OTHER LOCI, ON TENTATIVE TRACT 14325. ARCHAEOLOGICAL RESOURCE MANAGEMENT CORPORATION. SUBMITTED TO PRIVATE. UNPUBLISHED REPORT ON FILE AT UCR, EASTERN INFORMATION CENTER, RIVERSIDE, CA 92521 Last Update: 10/11/2000 Cataloged by: WOR-CA-04 on 11/02/1988 Keywords: 82 PP (7), CA-RIV-1180 (8), COACHELLA VALLEY (4), LA QUINTA 7.5- QUAD (4), MF #0647 (6), NO ACREAGE SURVEYED - DATA RECOVERY ONLY (4) -------------------------------------------------------------------------- Document No.: 1080776 Unpublished Report JERTBERG, PATRICIA G �� 1 L,� f- 1982 ARCHAEOLOGICAL SALVAGE INVESTIGATION OF CA-RIV-1180, LOCUS 11, ON DUNA LA QUINTA PARCEL. ARCHAEOLOGICAL RESOURCE MANAGEMENT CORPORATION. SUBMITTED TO PRIVATE. UNPUBLISHED REPORT ON FILE AT UCR, EASTERN INFORMATION CENTER, RIVERSIDE, CA 92521 Last Update: 10/11/2000 Cataloged by: WOR-CA-04 on 11/02/1988 Keywords: 68 PP (7), CA-RIV-1180 (8) COACHELLA VALLEY (4), LA QUINTA 7.51 QUAD (4), MF #0647 (6), NO ACREAGE SURVEYED - DATA RECOVERY ONLY (4) ------------------------------------------------------------ Document No.: 1080777 Unpublished Report SWENSON, JAMES D. 0'3-Z-'Sl 1979 AN ARCHAEOLOGICAL ASSESSMENT OF 125 ACRES BETWEEN AVENUE 50 AND AVENIDA NUESTRA, EAST OF LA QUINTA, RIVERSIDE COUNTY, CALIFORNIA. ARCHAEOLOGICAL RESEARCH UNIT, U.C. RIVERSIDE. SUBMITTED TO PRIVATE. UNPUBLISHED REPORT ON FILE AT UCR, EASTERN INFORMATION CENTER, RIVERSIDE, CA 92521 Last Update: 10/11/2000 Cataloged by: WOR-CA-04 on 11/02/1988 Keywords: 125 ACRES SURVEYED (4), 9 PP (7), CA-RIV-1180 (8), COACHELLA VALLEY (4), LA QUINTA 7.51 QUAD (4), MF #0647 (6) -------------------------------------------------------------------- Document No.: 1080960 Unpublished Report SALPAS JEAN A. P 4 — �/I 1980 AN ARCHAEOLOGICAL ASSESSMENT OF 82 ACRES OF LAND IN LA QUINTA, CALIFORNIA. AUTHOR(S). SUBMITTED TO PRIVATE. UNPUBLISHED REPORT ON FILE AT UCR, EASTERN INFORMATION CENTER, RIVERSIDE, CA 92521 Last Update: 10/31/2000 Cataloged by: WOR-CA-04 on 11/14/1988 Keywords: 19 PP. (7), 82 ACRES SURVEYED (4), COACHELLA VALLEY (4), LA QUINTA 7.51 QUAD (4), MF #0823 (6), NO RESOURCES (8) 69 " 6 j -ARCHEOLOGICAL REPORTS NADB/Query ' Printed: 10/09/2003 Page: 003 Document No.: 1082156 Unpublished Report WILKE, PHILIP J. 1984 AN ARCHAEOLOGICAL ASSESSMENT OF THE BURNS RANCH AND ADJACENT PROPERTIES, LA QUINTA, RIVERSIDE COUNTY, CALIFORNIA. ARCHAEOLOGICAL RESEARCH UNIT, U.C. RIVERSIDE. SUBMITTED TO PRIVATE. UNPUBLISHED REPORT ON FILE AT UCR, EASTERN INFORMATION CENTER, RIVERSIDE, CA 92501 Last Update: 04/25/1989 Cataloged by: WOR-CA-04 on 04/25/1989 Keywords: 61 PP (7), 580 ACRES SURVEYED (4), CA-RIV-1179 (8), CA-RIV-2822 (8)1 CA-RIV-2823 (8), CA=RIV-2824 (8), CA-RIV-2825 (8), CA-RIV-2826 (8), CA-RIV-2827 (8), CA-RIV-2828 (8), COACHELLA VALLEY (4), LA QUINTA 7.5' QUAD (4), MF #1948 (6) ----------------------------------------------------------------------------------- Document No.. 1083565((..,Unpublished Report DROVER, CHRISTOPHER E. 1990 AN ARCHAEOLOGICAL ASSESSMENT OF THE LA QUINTA HILLSIDE PROJECT, RIVERSIDE COUNTY, CALIFORNIA. AUTHOR. SUBMITTED TO PRIVATE. UNPUBLISHED REPORT ON FILE AT UCR, EASTERN INFORMATION CENTER, RIVERSIDE, CA 92501 Last Update: 10/15/1990 Cataloged by: WOR-CA-04 on 10/15/1990 Keywords: MF #3243 (6), 12 PP (7), 6.2 ACRES SURVEYED (4), COACHELLA VALLEY (4), LA QUINTA 7.5' QUAD (4), NO RESOURCES (8) ----------------------------------------------------------------------------------- Document No.: 1084731 Unpublished Report CHACE, PAUL AND CHARLES REEVES '- 1994 REPORT OF AN ARCHAEOLOGICAL MONITORING PROGRAM FOR THE SEASONS RESIDENTIAL PROJECT, TRACT 28019, CITY OF LA QUINTA. THE KEITH COMPANIES. SUBMITTED TO PRIVATE. UNPUBLISHED REPORT ON FILE AT UCR, EASTERN INFORMATION CENTER, RIVERSIDE, CA 92501 Last Update: 08/16/1995 Cataloged by: WRO-CA-04 on 08/16/1995 Keywords: MF #4199 (6), 11 PP (7), NO ACREAGE SURVEYED - MONITORING ONLY (4), LA QUINTA 7.5' QUAD (4), COACHELLA VALLEY (4), NO CULTURAL RESOURCES (8) ------------------------------------------------------------------------- Document No.: 1084792 Unpublished Report CHACE, PAUL AND CHARLES E. REEVES ie I '-` 3SI-��+ 1995 A CULTURAL RESOURCES SURVEY FOR LA QUINTA ELEMENTARY SCHOOL NO. 2, DESERT SANDS UNIFIED SCHOOL DISTRICT. KEITH COMPANIES. SUBMITTED TO DESERT SANDS UNIFIED SCHOOL DISTRICT. UNPUBLISHED REPORT ON FILE AT EASTERN INFORMATION CENTER, U.C. RIVERSIDE, CA 92521 Last Update: 10/18/1995 Cataloged by: WRO-CA-04 on 10/18/1995 Keywords: MF #4245 (6), 21 PP (7), 9.33 ACRES SURVEYED (4), LA QUINTA 7.5' QUAD (4),.COACHELLA VALLEY (4), NO RESOURCES (8) 70 4 6 ARCHEOLOGICAL REPORTS NADB/Query Printed: 10/09/2003 Page: 004 Document No.: 1085050 1 --� L �01 Unpublished Report CHASE, PAUL G. AND CHARLES E. REEVES 1996 REPORT OF AN ARCHAEOLOGICAL MONITORING PROGRAM FOR THE TERRACINA APARTMENTS TRACT, CITY OF LA QUINTA. THE KEITH COMPANIES. SUBMITTED TO PRIVATE. UNPUBLISHED REPORT ON FILE AT EASTERN INFORMATION CENTER, U.C. RIVERSIDE, CA 92521 Last Update: 09/26/1997 Cataloged by: WRO-CA-04 on 09/26/1997 Keywords: MF #4417 (6), 8 PP (7), NO ACRES SURVEYED (4), MONITORING STUDY (1), LA QUINTA 7.5' QUAD (4), COACHELLA VALLEY (4), NO RESOURCES (8), CUP 96-023 (6), PP 96-571 (6) , EA 96-311 (6) ----------------------------------------------------------------------------------- Document No.. 1085121 Unpublished Report BROCK, JAMES�--� �- `�.. ► 1997 HERITAGE RESOURCES ASSESSMENT FOR TENTATIVE TRACT 28409 CITY OF LA QUINTA, CALIFORNIA. ARCHAEOLOGICAL ADVISORY GROUP. SUBMITTED TO CITY OF LA QUINTA. UNPUBLISHED REPORT ON FILE AT EASTERN INFORMATION CENTER, U.C. RIVERSIDE, CA 92521 Last Update: 04/21/1998 Cataloged by: WRO-CA-04 on 04/21/1998 Keywords: MF #4455 (6), 11 PP (7), 8 ACRES SURVEYED (4), LA QUINTA 7.5' QUAD (4), COACHELLA VALLEY (4), NO RESOURCES (8), TT 28409 (6) ----------------------------------------------------------------------------------- Document No.. 1085160 � 11`-� Unpublished Report BROCK, JAMES� `"� 1997 A CULTURAL RESOURCES ASSESSMENT OF 30 LOTS IN THE LA QUINTA COVE AREA, CITY OF LA QUINTA, CALIFORNIA (SELF HELP GROUPS 3, 4, & 5). ARCHAEOLOGICAL ADVISORY GROUP. SUBMITTED TO PRIVATE. UNPUBLISHED REPORT ON FILE AT EASTERN INFORMATION CENTER, U.C. RIVERSIDE, CA 92521 Last Update: 04/24/1998 Cataloged by: WRO-CA-04 on 04/24/1998 Keywords: MF #4479 (6), 19 PP (7), 03.44 ACRES SURVEYED (4), LA QUINTA 7.5' QUAD (4), COACHELLA VALLEY (4), P-33-8061 (8), P-33-8062 (8) Document No.. 1085161 - !4c4-3 Unpublished Report BROCK, JAMES .._ 1997 A CULTURAL RESOURCES ASSESSMENT OF 27 LOTS IN THE LA QUINTA COVE AREA, CITY OF LA QUINTA, CALIFORINA (SELF HELP GROUPS 6, 7, & 8). ARCHAEOLOGICAL ADVISORY GROUP. SUBMITTED TO PRIVATE. UNPUBLISHED REPORT ON FILE AT EASTERN INFORMATION CENTER, U.C. RIVERSIDE, CA 92521 Last Update: 04/24/1998 Cataloged by: WRO-CA-04 on 04/24/1998 Keywords: MF #4479 (6), 19 PP (7), 03.1 ACRES SURVEYED (4), LA QUINTA 7.5' QUAD 71 � 7 d ARCHEOLOGICAL REPORTS NADB/Query Printed: 10/09/2003 Page: 005 Document No .: 10 8 5 2 01, _ _ f !. �'�.. Unpubl i shed Report CHACE, PAUL G. 1996 HISTORIC RESOURCE EVALUATION REPORT, THE OLD AVENUE 52, CITY OF LA QUINTA. THE KEITH COMPANIES. SUBMITTED TO PRIVATE. UNPUBLISHED REPORT ON FILE AT EASTERN INFORMATION CENTER, U.C. RIVERSIDE, CA 92521 Last Update: 04/27/1998 Cataloged by: WRO-CA-04 on 04/27/1998 Keywords: MF #4504 (6), 36 PP (7), 01 MILE SURVEYED (4), LA QUINTA 7.5' QUAD (4), COACHELLA VALLEY (4), P-33-8165 (8), TR 28470 (6) ----------------------------------------------------------- Document No.: 1085219 �} Unpublished Report LOVE, BRUCE, AND BAI "TOM" TANG �4""- �J 1998 CULTURAL RESOURCES REPORT WATER AND SEWER PIPELINE RIGHTS -OF -WAY AND ASSOCIATED FACILITIES IN COMMUNITY FACILITIES DISTRICT NO. 97-2, NEAR WILDOMAR ELSINORE VALLEY MUNICIPAL WATER DISTRICT RIVERSIDE COUNTY, CALIFORNIA. CMR TECH. SUBMITTED TO PRIVATE. UNPUBLISHED REPORT ON FILE AT EASTERN INFORMATION CENTER, U.C. RIVERSIDE, CA 9252 Last Update: 04/28/1998 Cataloged by: WRO-CA-04 on 04/28/1998 Keywords: MF #4519 (6), 22 PP (7), 06 MILES SURVEYED (4), MURRIETA 7.5' QUAD (4), WILDOMAR 7.5' QUAD (4), CISMONTANE SOUTHERN CALIFORNIA (4), NO RESOURCES (8), CRM TECH CONTRACT #306 (6) ------------------------------------------------------------------------------------ Document No.: 1085392 Unpublished Report BROWN, JOAN C . 1999 A CULTURAL RESOURCES RECONNAISSANCE FOR THE LA QUINTA RESORT & CLUB REAL PROJECT, LOCATED IN LA QUINTA, RIVERSIDE COUNTY, CALIFORNIA. RMW PALEO ASSOCIATES. SUBMITTED TO PRIVATE. UNPUBLISHED REPORT ON FILE AT EASTERN INFORMATION CENTER, U.C. RIVERSIDE, CA 92521 Last Update: 11/04/1999 Cataloged by: WRO-CA-04 on 11/04/1999 Keywords: MF #4662 (6), 21 PP (6), 106 ACRES SURVEYED (4), LA QUINTA 7.5' QUAD (4), COACHELLA VALLEY (4), CA-RIV-3676, CA-RIV-3677, CA-RIV-6177, CA-RIV-6178, CA-RIV-6179H, CA-RIV-6180H, CA-RIV-6181H, CA-RIV-6182H, P#-33-8670, P#33-8671, P#33-8672 (8), RMW PROJECT NO. 98-1254 (6) ----------------------------------------------------------------------------------- Document No.: 1085395 v ____41 � Unpublished Report BROCK, JAMES, AND BRENDA SMITH 1999 PHASE I AND II CULTURAL ASSESSMENT FOR A PROPOSED LAKE EXPANSION AT LA QUINTA COUNTRY CLUB, CITY OF LA QUINTA, CALIFORNIA. AAG. SUBMITTED TO PRIVATE. UNPUBLISHED REPORT ON FILE AT EASTERN INFORMATION CENTER, U.C. RIVERSIDE, CA 92521 72 ARCHEOLOGICAL REPORTS NADB/Query Printed: 10/09/2003 Page: 006 Document No.; 1085396....- L... �C-1 Unpublished Report BROCK, JAMES, AND BRENDA D. SMITH 1998 REPORT ON ARCHAEOLOGICAL MONITORING FOR THE LA QUINTA RESORT HOMES PROJECT, CITY OF LA QUINTA, CALIFORNIA. ARCHAEOLOGICAL ADVISORY GROUP. SUBMITTED TO CITY OF LA QUINTA. UNPUBLISHED REPORT ON FILE AT EASTERN INFORMATION CENTER, U.C. RIVERSIDE, CA 92521 Last Update: 11/04/1999 Cataloged by: WRO-CA-04 on 11/04/1999 Keywords: MONITORING (7), MF #4665 (6), 12 PP (7), NO ACREAGE SURVEYED (4), LA QUINTA 7.5' QUAD (4), COACHELLA VALLEY (4), NO RESOURCES (8) ------------------�� -~ L-�j�.� 0---------- Document No.. 1085469Unpublished Report LOVE, BRUCE, TOM TANG, HARRY QUINN, KATHRYN BOUSCAREN, AND DARCY WIEWALL 1999 ARCHAEOLOGICAL TESTING AND SITE EVALUATION REPORT: TENTATIVE TRACT NO. 29436, CITY OF LA QUINTA, RIVERSIDE COUNTY, CALIFORNIA. CRM TECH. SUBMITTED TO PRIVATE. CONTRACT NO. 421. UNPUBLISHED REPORT ON FILE AT EASTERN INFORMATION CENTER, U.C. RIVERSIDE, CA 92521 Last Update: 08/22/2000 Cataloged by: WRO-CA-04 on 08/22/2000 Keywords. MF #4663 (6), 77 PP (7), 87 ACRES SURVEYED (4), LA QUINTA 7.5' QUAD (4), COACHELLA VALLEY (4), CA-RIV-3678 (8), CA-RIV-4168 (8), CA-RIV-5512 (8), CA-RIV-6241 (8), CA-RIV-6242 (8), CA-RIV-6243 (8), CA-RIV-6244 (8), CA-RIV-6245 (8), P-33-8761 (8), CRM TECH JOB #421 (6) Document No.: 1085566 j,, Unpublished Report BROCK, JAMES V2-( t 3., a 2000 PHASE I CULTURAL RESOURCES ASSESSMENT OF APN 777-075-020, LA QUINTA, CALIFORNIA. ARCHAEOLOGICAL ADVISORY GROUP. SUBMITTED TO PRIVATE. CONTRACT NO. 000611. UNPUBLISHED REPORT ON FILE AT EASTERN INFORMATION CENTER, U.C. RIVERSIDE, CA 92521 f Last Update: 09/26/2000 Cataloged by: WRO-CA-04 on 09/26/2000 Keywords: MF #4785 (6), 17 PP (7), 1 ACRE SURVEYED (4), COACHELLA VALLEY (4), NO RESOURCES (8), JOB #000611 ----------------------------------------------------------------------------------- Document No.: 1085742% ( Unpublished Report LOVE, BRUCE AND HARRY M. QUINN 2000 LIMITED ARCHAEOLOGICAL TESTING ON TENTATIVE PARCEL MAP NO. 29909, CITY OF LA QUINTA, RIVERSIDE COUNTY, CALIFORNIA. CRM TECH. SUBMITTED TO PRIVATE. CONTRACT NO. N/A. UNPUBLISHED REPORT ON FILE AT EASTERN INFORMATION CENTER, U.C. RIVERSIDE, CA 92521 Last Update: 10/24/2001 Cataloged by: WRO-CA-04 on 04/17/2001 73 ( _ARCHEOLOGICAL REPORTS - NADB/Query 1 Printed: 10/09/2003 Page: 007 "i LA4� 0 Unpublished Report Document No.: 1085745 LOVE, BRUCE, BAI "TOM" TANG, HARRY QUINN, MARIAM DUHDUL, AND ADRIAN SANCHEZ MORENO 2000 HISTORICAL/ARCHAEOLOGICAL RESOURCES SURVEY AND TESTING REPORT, VISTA MONTANA DEVELOMENT, EISENHOWER DRIVE AND CALLE TAMPICO, CITY OF LA QUINTA, RIVERSIDE COUNTY, CALIFORNIA. CRM TECH. SUBMITTED TO PRIVATE. CONTRACT NO. N/A. UNPUBLISHED REPORT ON FILE AT EASTERN INFORMATION CENTER, U.C. RIVERSIDE, CA 9252 Last Update: 05/04/2001 Cataloged by: WRO-CA-04 on 04/20/2001 Keywords: MF #4919 (6), 24 PP (7), 33.1 ACRES SURVEYED (4), LA QUINTA 7.5' QUAD (4), COACHELLA VALLEY (4), NO RESOURCES (8), CRM TECH JOB #619 (6) 74 `30 EISENHOWER DRIVE BRIDGE AND DRAINAGE IMPROVEMENTS FINAL MITIGATED NEGATIVE DECLARATION RESPONSES TO COMMENTS SCH No. 2004071144 Prepared for: City of La Quinta, 78-495 Calle Tampico La Quinta, CA 92253 Contact: Oscar Orci Planning Director Prepared by: BonTerra Consulting 151 Kalmus Drive, Suite E-200 Costa Mesa, California 92626 (714) 444-9199 Contact: Kathleen Brady Principal of Technical Services September 17, 2004 75 Eisenhower Drive Bridge and Drainage Improvements EISENHOWER DRIVE BRIDGE AND DRAINAGE IMPROVEMENTS PROJECT RESPONStS TO COMMENTS The City of La Quinta prepared an Initial Study for bridge and drainage improvements along Eisenhower Drive pursuant to the California Environmental Quality Act (CEQA), as amended (Public Resources Code §21000 et seq.), and in accordance with the State CEQA Guidelines (California Code of Regulations, Title 14, §15000 et. seq.). The project would involve improvements Eisenhower Drive and to the existing drainage system that extends beneath Eisenhower Drive. Pursuant to Public Resources Code §21080(c)(2) a Mitigated Negative Declaration (MND) was prepared. The document was circulated for a 20-day public review period from July 28, 2004 to August 26, 2004. Two comment letters on the project were received from: • Native American Heritage Commission (dated August 26, 2004) South Coast Air Quality Management District (dated August 19, 2004) Public Resources Code §21091(f) and the CEQA Guidelines §15074 require that the lead agency must consider the Negative Declaration, together with any comments received, before approving the project. The lead agency has no affirmative duty to prepare formal responses to comments on the Negative Declaration, but should provide adequate information on record explaining why the comments do not affect the conclusion that there are no potential significant environmental effects. The City*of La Quinta has elected to prepare written responses to the comments. The comment letters and responses follow. P:VNoiectsWotfatt%RTiC�_090204.doc Responses to c:ommencs 76 0 `2 Eisenhower Drive Bridge and Drainage Improvements Comment Letter from Steve Smith, Ph.D. South Coast Air Quality Management District P:wrojeMVAott8euzTC_M204.aoc Responses to Comments South Coast Air Quality- Management District 21865 Copley Drive, Diamond Bar, CA 91765-4170 (909) 396-2000 - www,agm4.gov FAXED AUC3UST 19.2004 August 19, 2004 Mr. Oscar Orai City of La Quinta P.O. Box 1304 La Quints, CA 92253 Mitigated Negative Declaration (1VM) for the Propagl Biaerfewer Drive Hridge and D+lgnQe Ymnroveefents — City of La +dui is The South Coast Air Quality Management District (SCAQMD) appreciates the opportunity to comment on the above ,ncationed document The following comment is meant as guidance for the Lead Agency and should be incorporated into the FInal Mitigated Neptive Declaration (MN'D). In its review of the Draft MND, it was noted that the inforumtlon pertaining to the . URBEMIS 2002 compurter model used to estimate project air quality impacts was not included in the DmIt 1ND, In the Final MND and for future projects, the lead agency should include the URBEMIS 2002 model inputs, assumptions and output Sheets used to estimate applicable construction and operational impacts for the proposed project. Sime the URBEMI'S 20M wtpW wars rot included, the SCAQMD could not confirm the results. Please provide the SCAQMD with written response to the comment contained herein prior to the adoption of the Final Mitigated Negative Declaration, The SCAQMD would be happy to work with the Lud Agency to address these issues and any other questions that may arise. Pleaso contact Gordon Mize, Air Quality Specialist — CEQA Section, at (909) 396-3302, if you have any questions regarding ftse comments. Sincerely, t3tlovk t , r-"J Steve Smith, MD. Program Supervisor, CEQA Section Plannin& Rule Developmont & Area Sources Attachment SS;GM RVC040723-07 Control Number AQMD-1 78 0 3 Eisenhower Drive Bridge and Drainage Improvements Responses to Comments from Steve Smith, Ph.D. South Coast Air Quality Management District P:%ProjectsWoffaMTC 090204.doc 3 Responses to Comments tisenhower Drive Bridge and Drainage improvements Response to Comment AQMD-1 Your comment is noted. The URBEMIS 2002 model inputs, assumptions and output sheets used to estimate applicable construction impacts for the proposed project are hereby included in the following as Appendix C of Final MND SCH# 200407 pvrojectSWO tett%RTC 090204.doc 4 Responses to Comments 80 r� � 6 i.. %.! APPENDIX C URBEMIS 2002 EISENHOWER DRIVE BRIDGE AND DRAINAGE IMPROVEMENTS PROJECT CONSTRUCTION EMISSIONS WORKSHEETS 81 J Page: I URBEMIS 2002 For Windows 7.5..0 File Name: C:\Program Files\Projects2k2\Eisenhower Drive.urb Project Name: Eisenhower Drive Project Location: South Coast Air Basin (Los Angeles area) On -Road Motor vehicle Emissions Based on EMFAC2002 version 2.2 SUMMARY REPORT (Pounds/Day - Summer) CONSTRUCTION EMISSION ESTIMATES PM10 *** 2003 *** ROG NOx CO S02 TOTAL TOTALS (lbs/day,unmitigated) 11.33 97.32 77.73 0.00 4.79 TOTALS (lbs/day, mitigated) 1.25 50.38 10.51 0.00 0.06 *** 2004 *** TOTALS (lbs/day,unmitigated) TOTALS (lbs/day, mitigated) ROG NOx CO 12.43 86.96 83.62 2.25 44.88 8..52 PM10 S02 TOTAL 0.07 3.71 0.07 0.05 PM10 PM10 EXHAUST DUST 4.78 0.01 0.05 0.01 PM10 PM10 EXHAUST DUST 3.70 0.01 0.04 0.01 82 iw 17 8 Page: 2 URBEMIS 2002 For Windows 7.5.0 File Name: C:\Program Files\Projects2k2\Eisenhower Drive.urb Project Name: Eisenhower Drive Project Location: South Coast Air Basin (Los Angeles area) On -Road Motor Vehicle Emissions Based on EMFAC2002 version 2.2 DETAIL REPORT (Pounds/Day - Winter) Construction Start Month and Year:.December, 2003 Construction Duration: 6 Total Land Use Area to be Developed: 0 acres Maximum Acreage Disturbed Per Day: 0 acres Single Family Units: 0 Multi -Family Units: 0 Retail/Office/Institutional/Industrial Square Footage: 0 CONSTRUCTION EMISSION ESTIMATES UNMITIGATED (lbs/day) PM10 PM10 PM10 Source ROG NOx CO S02 TOTAL EXHAUST DUST *** 2003*** Phase 1 - Demolition Emissions Fugitive Dust - - - - 0.00 - 0.00 Off -Road Diesel 10.03 85.07 68.42 - 4.18 4.18 0.00 On -.Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker Trips 0.13 0.33 3.04 0.00 0.01 0.00 0.01 Maximum lbs/day 10.16 85.40 71.46 0.00 4.19 4.18 0.01 Phase 2 - Site Grading Emissions Fugitive Dust - - - - 0.00 - 0.00 Off -Road Diesel 11.20 96.99 74.69 - 4.78 4.78 0.00 On -Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker Trips 0.13 0.33 3.04 0.00 0.0.1 0.00 0.01 Maximum lbs/day 11.33 97.32 77.73 0.00 4.79 4.78 0.01 Phase 3 - Building Construction ' Bldg Const Off -Road Diesel 9.12 70.61 66.21 - 3.11 3.11 0.00 B1dg.Const Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Arch Coatings Off -Gas 0.00 - - - - - - Arch Coatings Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Asphalt Off -Gas 0.00 - - - - - - Asphalt Off -Road Diesel 0.00 0.00 0.00 - 0.00 0.00 0.00 Asphalt On -Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Asphalt Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Maximum lbs/day 9.12 70.61 66.21 0.00 3.11 3.11 0.0.0 Max lbs/day all phases 11.33 97.32 77.73 0.00 4.79 4.78 0.01 *** 2004*** Phase 1 - Demolition Emissions Fugitive Dust - - - - 0.00 - 0.00 Off -Road Diesel 0.00 0.00 0.00 - 0.00 0.00 0.00 On -Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Maximum lbs/day 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Phase 2 - Site Grading Emissions Fugitive Dust - - - - 0.00 - 0.00 Off -Road Diesel 0.00 0.00 0.00 - 0.00 0.00 0.00 On -Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Maximum lbs/day 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Phase 3 - Building Construction Bldg Const Off -Road Diesel 9.12 67.88 68.25 - 2.89 2.89 0.00 Bldg Const Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Arch Coatings Off -Gas 0.00 - - - - - - Arch Coatings Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Asphalt Off -Gas 1.11 - - - - - - Asphalt Off -Road Diesel 1.90 14.55 14.15 - 0.68 0.68 0.00 Asphalt On -Road Diesel 0.28 4.53 1.05 0.07 0.14 0.13 0.01 Asphalt Worker Trips 0.01 0.01 0.17 0.00 0.00 0.00 0.00 Maximum lbs/day 12.43 86.96 83.62 0.07 3.71 3.70 0.01 Max lbs/day all phases 12.43 86.96 83.62 0.07 3.71 3.70 0.01 83 0 Page: 3 Phase 1 - Demolition Assumptions Start Month/Year for Phase 1: Dec '03 Phase 1 Duration: 0.3 months Building Volume Total (cubic feet): 0 Building Volume Daily (cubic feet): 0 Miles per round trip set to zero Off -Road Equipment No. Type Horsepower Load Factor 1 Crushing/Processing Equip 154 0.780 1 Graders 174 0.575 2 Other Equipment 190 0.620 1 Rubber Tired Loaders 165 0.465 1 Tractor/Loaders/Backhoes 79 0.465 Phase 2 - Site Grading Assumptions Start Month/Year for Phase 2: Dec '03 Phase 2 Duration: 0.6 months On -Road Truck Travel (VMT): 0 Off -Road Equipment No. Type Horsepower Load Factor 1 Graders 174 0.575 2 Other Equipment 190 0.620 1 Rollers 114 0.430 1 Surfacing Equipment 437 0.490 1 Tractor/Loaders/Backhoes 79 0.465 Phase 3 - Building Construction Assumptions Start Month/Year for Phase 3: Dec '03 Phase 3 Duration: 5.1 months Start Month/Year for SubPhase Building: Dec '03 SubPhase Building Duration: 5.1 months Off -Road Equipment No. Type Horsepower Load Factor 1 Bore/Dr`ill Rigs 218 0.750 1 Cranes 190 0.430 2 Other Equipment 190 0.620 1 Tractor/Loaders/Backhoes 79 0.465 Start Month/Year for SubPhase Architectural Coatings: May 104 SubPhase Architectural Coatings Duration:.0.5 months Start Month/Year for SubPhase Asphalt: May 104 SubPhase Asphalt Duration: 0.3 months Acres to be Paved: 2.8 Off -Road Equipment No. Type Horsepower Load Factor 1 Paving Equipment ill 0.530 1 Rollers 114 0.430 Hours/Day 8.0 8.0 8.0 8.0 8.0 Hours/Day 8.0 8.0 8.0 8.0 8.0 Hours/Day 8.0 8.0 8.0 8.0 Hours/Day 8.0 8.0 84 Page: 4 Changes made to the default values for Land Use Trip Percentages Changes made to the default values for Construction Phase 1 mitigation measure Off -Road Diesel Exhaust: Use aqueous diesel fuel has been changed from off to on. Phase 1 mitigation measure Off -Road Diesel Exhaust: Use diesel particulate filter has been changed from off to on. Phase 1 mitigation measure Off -Road Diesel Exhaust: Use cooled exhaust gas recirculation has been changed from off to on. Phase 2 mitigation measure Soil Disturbance: Water exposed surfaces - 3x daily has been changed from off to on. Phase 2 mitigation measure Off -Road Diesel Exhaust: Use aqueous diesel fuel has been changed from off to on. Phase 2 mitigation measure Off -Road Diesel Exhaust: Use diesel particulate filter has been changed from off to on. Phase 2 mitigation measure Off -Road Diesel Exhaust: Use cooled exhaust gas recirculation(EGR) has been changed from off to on. Phase 2 mitigation measure On -Road Diesel Exhaust: Use aqueous diesel fuel has been changed from off to on. Phase 2 mitigation measure On -Road Diesel Exhaust: Use diesel particulate filter has been changed from off to on. Phase 2 mitigation measure On -Road Diesel Exhaust: Use cooled exhaust gas recirculation(EGR) has been changed from off to on. Phase 2 mitigation measure Stockpiles: Cover all stock piles with tarps has been changed from off to on. Phase 3 mitigation measure Off -Road Diesel Exhaust: Use aqueous diesel fuel has been changed from off to on. Phase 3 mitigation measure Off -Road Diesel Exhaust: Use diesel particulate filter has been changed from off to on. Phase 3 mitigation measure Off -Road Diesel Exhaust: Use cooled exhaust gas recirculation(EGR) has been changed from off to on. Phase 3 mitigation measure Off -Road Diesel Exhaust: Use aqueous diesel fuel has been changed from off to on. Phase 3 mitigation measure Off -Road Diesel Exhaust: Use diesel particulate filter has been changed from off to on. Phase 3 mitigation measure Off -Road Diesel Exhaust: Use cooled exhaust gas recirculation(EGR) has been changed from off to on. Phase 3 mitigation measure On -Road Diesel Exhaust Use aqueous diesel fuel has been changed from off to on. Phase 3 mitigation measure On -Road Diesel Exhaust: Use diesel particulate filter has been changed from off to on. Phase 3 mitigation measure On -Road Diesel Exhaust: Use cooled exhaust gas recirculation(EGR) has been changed from off to on. 85 o A Page: 5 URBEMIS 2002 For Windows 7.5.0 C:\Program Files\Projects2k2\Eisenhower Drive.urb File Name: Project Name: Eisenhower Drive Project Location: South Coast Air Basin (Los Angeles area) On -Road Motor Vehicle Emissions Based on EMFAC2002 version 2.2 DETAIL REPORT (Pounds/Day - Summer) Construction Start Month and Year: December, 2003 Construction Duration: 6 . Total Land Use Area to be Developed: 0 acres Maximum Acreage Disturbed Per Day: 0 acres Single Family Units: 0 Multi -Family Units: 0 Retail/Office/Institutional/Industrial Square Footage: 0 CONSTRUCTION EMISSION ESTIMATES UNMITIGATED (lbs/day) PM10 PM10 PM10 ROG NOx CO S02 TOTAL EXHAUST DUST Source *** 2003*** Phase 1 - Demolition Emissions - - _ 0.00 - 0.00 Fugitive Dust Off -Road Diesel 10.03 85.07 68.42 _ 4.18 4.18 0.00 On -Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.01 0.00 0.00 0.00 0.01 Worker Trips 0.13 10.16 0.33 85.40 3.04 71.46 0.00 9.19, 4.18 0.01 Maximum lbs/day Phase 2 - Site Grading Emissions - _ _ 0.00 - 0.00 Fugitive Dust Off -Road Diesel 11.20 96.99 74.69 - 4.78 4.78 0.00 On -Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.01 0.00 0.00 0.00 0.01 Worker Trips 0.13 11.33 0.33 97.32 3.04 77.73 0.00 4.79 4.78 0.01 Maximum lbs/day Phase 3 - Building Construction Off -Road Diesel 9.12 70.61 66.21 - 3.11 3.11 0.00 Bldg Const Bldg Const Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Arch Coatings Off -Gas Arch Coatings Worker Trips 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 Asphalt Off -Gas Asphalt Off -Road Diesel 0.00 0.00 - 0.00 - 0.00 - 0.00 0.00 0.00 Asphalt On -Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0:00 0.00 Asphalt Worker Trips 0.00 9.12 0.00 70.61 0.00 66.21 0.00 0.00 3.11 3.11 0.00 Maximum lbs/day Max lbs/day all phases 11.33 97.32 77.73 0.00 4.79 4.78 0.01 *** 2004*** Phase 1 - Demolition Emissions 0.00 - 0.00 Fugitive Dust Off -Road Diesel 0.00 0.00 0.00 _ 0.00 0.00 0.00 On -Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Maximum lbs/day Phase 2 - Site Grading Emissions - 0.00 - 0.00 Fugitive Dust Off -Road Diesel 0.00 0.00 0.00 _ 0.00 0.00 0.00 On -Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker Trips 0.00 0.00 0.00 0.00 0.00 0'.00 0.00 0.00 0.00 0.00 Maximum lbs/day Phase 3 - Building Construction Off -Road Diesel 9.12 67.88 68.25 - 2.89 2. 0.00 Bldg Const Bldg Const Worker Trips 0.00 0.00 0.00 0.00 0.00 0.0000 0.00 Arch Coatings Off -Gas Arch Coatings Worker Trips 0.00 0.00 - 0.00 - 0.00 0.00 0.00 0.00 0.00 Asphalt Off -Gas Asphalt Off -Road Diesel 1.11 1.90 - 14.55 - 14.15 - 0.68 0.68 0.00 Asphalt On -Road Diesel 0.28 4.53 1.05 0.07 0.14 0.00 0.13 0.00 0:01 0.00 Asphalt Worker Trips 0.01 12.43 0.01 86.96 0.17 83.62 0.00 0.07 3.71 3.70 0.01 Maximum lbs/day Max lbs/day all phases 12.43 86.96 83.62 0.07 3.71 3.70 0.01 86 1. �, �, Page: 6 Phase 1 - Demolition Assumptions Start Month/Year for Phase 1: Dec '03 Phase 1 Duration: 0.3 months Building Volume Total (cubic feet): 0 Building Volume Daily.(cubic feet).: 0 Miles per round trip set to zero Off -Road Equipment No. Type Horsepower Load Factor 1 Crushing/Processing Equip 154 0.780 1 Graders 174 0.575 2 Other Equipment 190 0.620 1 Rubber Tired Loaders 165 0.465 1 Tractor/Loaders/Backhoes 79 0.465 Phase 2 - Site Grading Assumptions Start Month/Year for Phase 2: Dec '03 Phase 2 Duration: 0.6 months On -Road Truck Travel (VMT): 0 Off -Road Equipment No. Type Horsepower Load Factor 1 Graders 174 0.575 2 Other Equipment 190 0.620 1 Rollers 114 0.430 1 Surfacing Equipment 437 0.490. 1 Tractor/Loaders/Backhoes 79 0.465 Phase 3 - Building Construction Assumptions Start Month/Year for Phase 3: Dec '03 Phase 3 Duration: 5.1 months Start Month/Year for SubPhase Building: Dec 103 SubPhase Building Duration: 5.1 months Off -Road Equipment No. Type Horsepower Load Factor 1 Bore/Drill Rigs 218 0.750 1 Cranes 190 0.430 2 Other Equipment 190 0.620 1 Tractor/Loaders/Backhoes 79 0.465 Start Month/Year for SubPhase Architectural Coatings: May,104 SubPhase Architectural Coatings Duration: 0.5 months Start Month/Year for SubPhase Asphalt: May 104 SubPhase Asphalt Duration: 0.3 months Acres to be Paved: 2.8 Off -Road Equipment No. Type Horsepower Load Factor 1 Paving Equipment ill 0.530 1 Rollers 114 0.430 CONSTRUCTION EMISSION ESTIMATES MITIGATED (lbs/day) Source ROG *** 2003*** Phase 1 - Demolition Emissions Fugitive Dust - Off -Road Diesel 1.00 On -Road Diesel 0.00 Worker Trips 0.13 Maximum lbs/day 1.13 Phase 2 - Site Grading Emissions Fugitive Dust - Off -Road Diesel 1.12 On -Road Diesel 0.00 Worker Trips 0.13 Maximum lbs/day 1.25 Phase 3 - Building Construction Bldg Const Off -Road Diesel 0.91 Bldg Const Worker Trips 0.00 Arch Coatings Off -Gas 0.00 Arch Coatings Worker Trips 0.00 Asphalt Off -Gas 0.00 Asphalt Off -Road Diesel 0.00 Asphalt On -Road Diesel 0.00 Asphalt Worker Trips 0.00 Maximum lbs/day 0.91 Max lbs/day all phases 1.25 NOx CO S02 Hours/Day 8.0 8.0 8.0 8.0 8.0 Hours/Day 8.0 8.0 8.0 8.0 8.0 Hours/Day 8.0 8.0 8.0 8.0 Hours/Day 8.0 8.0 PM10 PM10 PM10 TOTAL EXHAUST DUST - - - 0.00 - 0.00 43.90 6.84 - 0.05 0.05 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.33 3.04 0.00 0.01 0.00 0.01 44.23 9.88 0.00 0.06 0.05 0.01 - - - 0.00 - 0.00 50.05 7.47 - 0.05 0.05 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.33 3.04 0.00 0.01 0.00 0.01 50.38 10.51 0.00 0.06 0.05 0.01 36.43 6.62 - 0.03 0.03 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 36.43 6.62 0.00 0.03 0.03 0.00 50.38 10.51 0.00 0.06 0.05 0.01 87 O A t. 1 3 Page: 7 *** 2004*** Phase 1 - Demolition Emissions Fugitive Dust - - - 0.00 - 0.00 Off -Road Diesel 0.00 0.00 0.00 - 0.00 0.00 0.00 On -Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Maximum lbs/day 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Phase 2 - Site Grading Emissions Fugitive Dust - - - - 0.00 - 0.00 Off -Road Diesel 0.00 0.00 0.00 - 0.00 0.00 0.00 On -Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Maximum lbs/day 0.00 0.00 0.00 0.00 0.00 0.00 0.00 . Phase 3 - Building Construction Bldg Const Off -Road Diesel 0.91 35.03 6.83 - 0.03 0.03 0.00 Bldg Const Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Arch Coatings Off -Gas 0.00 - - - - - - Arch Coatings Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ' Asphalt Off -Gas 1.11 - - - - - - Asphalt Off -Road Diesel 0.19 7.51 1.42 - 0.01 0.01 0.00 Asphalt.On-Road Diesel 0.03 2.34 0.11 0.07 0.01 0.00 0.01 Asphalt Worker Trips 0.01 0.01 0.17 0.00 0.00 0.00 0.00 Maximum lbs/day 2.25 44.88 8.52 0.07 0.05 0.04 0.01 Max lbs/day all phases 2.25 44.88 8.52 0.07 0.05 0.04 0.01 Construction -Related Mitigation Measures Phase 1: Off -Road Diesel Exhaust: Use aqueous diesel fuel Percent Reduction(ROG 0.0% NOx 14.0% CO 0.0% S02 0.0% PM10 63.0%) Phase l: Off -Road Diesel Exhaust: Use diesel particulate filter Percent Reduction(ROG 0.0% NOx 0.0% CO 0.0% S02 0.0% PM10 80.0%) Phase 1: Off -Road Diesel Exhaust: Use cooled exhaust gas recirculation Percent Reduction(ROG 90.0% NOx 40.0% CO 90.0% S02 0.0% PM10 85.0%) Phase 2: Soil Disturbance: Water exposed surfaces - 3x daily Percent Reduction(ROG 0.0% NOx 0.0% CO 0.0% S02 0.0% PM10 50.0%) Phase 2: Off -Road Diesel Exhaust: Use aqueous diesel fuel Percent Reduction(ROG 0.0% NOx 14.0% CO 0.0% S02 0.0% PM10 63.0%) Phase 2: Off -Road Diesel Exhaust: Use diesel particulate filter Percent Reduction(ROG 0.0% NOx 0.0% CO 0.0% S02 0.0% PM10 80.0%) Phase 2: Off -Road Diesel Exhaust: Use cooled exhaust gas recirculation(EGR) Percent Reduction(ROG 90.0% NOx 40.0% CO 90.0% S02 0.0% PM10 85.0%) Phase 2: On -Road Diesel Exhaust: Use aqueous diesel fuel Percent Reduction(ROG 0.0% NOx 14.0% CO 0.0% S02 0.0% PM10 63.0%) Phase 2: On -Road Diesel Exhaust: Use diesel particulate filter Percent Reduction(ROG 0.0% NOx 0.0% CO 0.0% S02 0.0% PM10 80.0%) Phase 2: On -Road Diesel Exhaust: Use cooled exhaust gas recirculation(EGR) Percent Reduction(ROG 90.0% NOx 40.0% CO 9'0.0% S02 0.0% PM10 85.0%) Phase 2: Stockpiles: Cover all stock piles with tarps Percent Reduction(ROG 0.0% NOx 0.0% CO 0.01 S02 0.0% PM10 9.5%) Phase 3: Off -Road Diesel Exhaust: Use aqueous diesel fuel Percent Reduction(ROG 0.0% NOx 14.0% CO 0.0% S02 0.0% PM10 63.0%) Phase 3: Off -Road Diesel Exhaust: Use diesel particulate filter Percent Reduction(ROG 0.0% NOx 0.0% CO O.Oi% S02 0.0% PM10 80.0%) Phase 3: Off -Road Diesel Exhaust: Use cooled exhaust gas recirculation(EGR) Percent Reduction(ROG 90.0% NOx 40.0% CO 90.0% S02 0.0% PM10 85.0%) Phase 3: Off -Road Diesel Exhaust: Use aqueous diesel fuel Percent Reduction(ROG 0.0% NOx 14.0% CO 0.0% S02 0.0% PM10 63.0%) Phase 3: Off -Road Diesel Exhaust: Use diesel particulate filter Percent Reduction(ROG 0.0% NOx 0.0% CO 0.0% S02 0.0% PM10 80.0%) Phase 3: Off -Road Diesel Exhaust: Use cooled exhaust gas recirculation(EGR) Percent Reduction(ROG 90.0% NOx 40.0% CO 90.0% S02 0.0% PM10 85.0%) Phase 3: On -Road Diesel Exhaust: Use aqueous diesel fuel Percent Reduction(ROG 0.0% NOx 14.0% CO 0.0% S02 0.0% PM10 63.0%) Phase 3: On -Road Diesel Exhaust: Use diesel particulate filter Percent Reduction(ROG 0.0% NOx 0.0% CO 0.0% S02 0.0% PM10 80.0%) Phase 3: On -Road Diesel Exhaust: Use cooled exhaust gas recirculation(EGR) Percent Reduction(ROG 90.0% NOx 40.0% CO 90.0% S02 0.0% PM10 85.0%) Phase 1 - Demolition Assumptions Start Month/Year for Phase 1: Dec 103 Phase 1 Duration: 0.3 months Building Volume Total (cubic feet): 0 88 19 I-. LA 4 Page: 8 Building Volume Daily (cubic feet): 0 Miles per, round trip set to zero Off -Road Equipment No. Type Horsepower Load Factor Hours/Day 1 Crushing/Processing Equip 154 0.780 8.0 1 Graders 174 0.575 8.0 2 Other Equipment 190 0.620 8.0 1 Rubber Tired Loaders 165 0.465 8.0 1 Tractor/Loaders/Backhoes 79 0.465 8.0 Phase 2 - Site Grading Assumptions Start Month/Year for Phase 2: Dec 103 Phase 2 Duration: 0.6 months On -Road Truck Travel (VMT): 0 Off -Road Equipment No. Type Horsepower Load Factor Hours/Day i Graders 174 0.575 8.0 2 Other Equipment 190 0.620 8.0 1 Rollers 114 0.430 8.0 1 Surfacing Equipment 437 0.490 8.0 1 Tractor/Loaders/Backhoes 79 0.465 8.0 Phase 3 - Building Construction Assumptions Start Month/Year for Phase 3:.Dec '03 Phase 3 Duration: 5.1 months Start Month/Year for SubPhase Building: Dec '03 SubPhase Building Duration: 5.1 months Off -Road Equipment No. Type Horsepower Load Factor Hours/Day 1 Bore/Drill Rigs 218 0.750 8.0 1 Cranes 190 0.430 8.0 2 Other Equipment 190 0.620 8.0 1 Tractor/Loaders/Backhoes 79 0.465 8.0 Start Month/Year for SubPhase Architectural Coatings: May '04 SubPhase Architectural Coatings Duration: 0.5 months Start Month/Year for SubPhase Asphalt: May '04 SubPhase Asphalt Duration: 0.3 months Acres to be Paved: 2.8 Off -Road Equipment No. Type Horsepower Load Factor Hours/Day 1 Paving Equipment ill 0.530 8.0 1 Rollers 114 0.430 8.0 0 Page: 9 Changes made to the default values for Land Use Trip Percentages Changes made to the default values for Construction Phase 1 mitigation measure Off -Road Diesel Exhaust: Use aqueous diesel fuel has been changed from off to on. Phase 1 mitigation measure Off -Road Diesel Exhaust: Use diesel particulate filter has been changed from off to on. Phase 1 mitigation measure Off -Road Diesel Exhaust: Use cooled exhaust gas recirculation has been changed from off to on.. Phase 2 mitigation measure Soil Disturbance: Water exposed surfaces - 3x daily has been changed from off to on. Phase 2 mitigation measure Off -Road Diesel Exhaust: Use aqueous diesel fuel has been changed from off to on. Phase 2 mitigation measure Off -Road Diesel Exhaust: Use diesel particulate filter has been changed from off to on. Phase 2 mitigation measure Off -Road Diesel Exhaust: Use cooled exhaust gas recirculation(EGR) has been changed from off to on. Phase 2 mitigation measure On -Road Diesel Exhaust: Use aqueous diesel fuel has been changed from off to on. Phase 2 mitigation measure On -Road Diesel Exhaust: Use diesel particulate filter has been changed from off to on. Phase 2 mitigation measure. On -Road Diesel Exhaust: Use cooled exhaust gas recirculation(EGR) has been changed from off to on. Phase 2 mitigation measure Stockpiles: Cover all stock piles with tarps has been changed from off to on. Phase 3 mitigation measure Off -Road Diesel Exhaust: Use aqueous diesel fuel has been changed from off to on. Phase 3 mitigation measure Off -Road Diesel Exhaust: Use diesel particulate filter has been changed from off to on. Phase 3 mitigation measure Off -Road Diesel Exhaust: Use cooled exhaust gas recirculation(EGR) has been changed from off to on. Phase 3 mitigation measure Off -Road Diesel Exhaust: Use aqueous diesel fuel has been changed from off to on. Phase 3 mitigation measure Off -Road Diesel Exhaust: Use diesel particulate filter has been changed from off to on. Phase 3 mitigation measure Off -Road Diesel Exhaust: Use cooled exhaust gas recirculation(EGR) has been changed from off to on. Phase 3 mitigation measure On -Road Diesel Exhaust: Use aqueous diesel fuel has been changed from off to on. Phase 3 mitigation measure On -Road Diesel Exhaust: Use diesel particulate filter has been changed from off to on. Phase 3 mitigation measure On -Road Diesel Exhaust: Use cooled exhaust gas recirculation(EGR) has been changed from off to on. 90 Page: 10 URBEMIS 2002 For Windows 7.5..0 File Name: C:\Program Files\Projects2k2\Eisenhower Drive.urb Project Name: Eisenhower Drive Project Location: South Coast Air Basin (Los Angeles area) On -Road Motor Vehicle Emissions Based on EMFAC2002 version 2.2 DETAIL REPORT (Tons/Year) Construction Start Month and Year: December, 2003 Construction Duration: 6 Total Land Use Area to be Developed: 0 acres Maximum Acreage Disturbed Per Day: 0 acres Single Family Units: 0 Multi -Family Units: 0 Retail/Office/Institutional/Industrial Square Footage: 0 CONSTRUCTION EMISSION ESTIMATES UNMITIGATED (tons/year) PM10 PM10 PM10 Source ROG NOx CO S02 TOTAL EXHAUST DUST *** 2003*** Phase 1 - Demolition Emissions Fugitive Dust - - - - 0.00 - 0.00 Off -Road Diesel 0.03 0.28 0.23 - 0.01 0.01 0.00 On -Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker Trips 0.00 0.00 0.01 0.00 0.00 0.00 0.00 Total tons/year 0.03 0.28 0.24 0.00 0.01 0.01 0.00 Phase 2 - Site Grading Emissions Fugitive Dust - - - - 0.00 - 0.00 Off -Road Diesel 0.07 0.64 0.49 - 0.03 0.03 0.00 On -Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker Trips 0.00 0.00 0.02 0.00 0.00 0.00 0.00 Total tons/year 0.07 0.64 0.51 0.00 0.03 0.03 0.00 Phase 3 - Building Construction Bldg Const Off -Road Diesel 0.01 0.08 0.07 - 0.00 0.00 0.00 Bldg Const Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Arch Coatings Off -Gas 0.00 - - - - - - Arch Coatings Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Asphalt Off -Gas 0.00 - - - - - - Asphalt Off -Road Diesel 0.00 0.00 0.00 - 0.00 0.00 0.00 Asphalt On -Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Asphalt Worker Trips 0.00 0.00 0.0.0 0.00 0.00 0.00 0.00 Total tons/year 0.01 0.08 0.07 0.00 0.00 0.00 0.00 Total all phases tons/yr 0.11 1.00 0.82 0.00 0.04 0.04 0.00 *** 2004*** Phase 1 - Demolition Emissions Fugitive Dust - - - - 0.00 - 0.00 Off -Road Diesel 0.00 0.00 0.00 - 0.00 0.00 0.00 On -Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total tons/year 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Phase 2 - Site Grading Emissions Fugitive Dust - - - 0.00 - 0.00 Off -Road Diesel 0.00 0.00 0.00 - 0.00 0.00 0.00 On -Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total tons/year 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Phase 3 - Building Construction Bldg Const Off -Road Diesel 0.50 3.75 3.75 - 0.15 0.15 0.00 Bldg Const Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Arch Coatings Off -Gas 0.00 - - - - - - Arch Coatings Worker Trips 0.00 0.00, 0.00 0.00 0.00 0.00 0.00 Asphalt Off -Gas 0.00 - - - - - - Asphalt Off -Road Diesel 0.01 0.05 0.05 - 0.00 0.00 0.00 Asphalt On -Road Diesel 0.00 0.01 0.00 0.00 0.00 0.00 0.00 Asphalt Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total tons/year 0.51 3.81 3.80 0.00 0.15 0.15 0.00 Total all phases tons/yr 0.51 3.81 3.80 0.00 0.15 0.15 0.00 Page: 11 Phase 1 - Demolition Assumptions Start Month/Year for Phase 1: Dec 103 Phase 1 Duration: 0.3 months Building.voiume Total (cubic feet): 0 Building Volume Daily (cubic feet): 0 Miles per.round trip set to zero Off -Road Equipment Horsepower Load Factor Hours/Day NO. Type 1 Crushing/Processing Equip 154 0.780 8.0 1 Graders 174 190 0.575 0.620 8.0 8.0 2 Other Equipment 165 0.465 8.0 1 Rubber Tired Loaders 79 0.465 8.0 1 Tractor/Loaders/Backhoes Phase 2 - Site Grading Assumptions Start.Month/Year for Phase 2: Dec 103 Phase 2 Duration:.0.6 months On -Road Truck Travel (VMT): 0 Off -Road Equipment Horsepower Load Factor Hours/Day No. Type 174 0.575 8.0 1 Graders 2 Other Equipment 1 0.0 8.0 1 Rollers 114 4 0.430 0.465 8.0 8.0 1 Surfacing Equipment 79 79 0.4 8.0 1 Tractor/Loaders/Backhoes Phase 3 - Building Construction Assumptions Start Month/Year for Phase 3: Dec 103 Phase 3 Duration: 5.1 months Start Month/Year for SubPhase Building: Dec 103 ' SubPhase Building Duration: 5.1 months Off -Road Equipment Horsepower Load Factor Hours/Day No. Type 1 Bore/Drill Rigs 0.430 8.0 90 1 90 0.0 8.0 1 Cranes 2 Other Equipment 19 0. 8.0 1 Tractor/Loaders/Backhoes 7 465 0.65 8.0 Start Month/Year for SubPhase Architectural Coatings: May 104 SubPhase Architectural Coatings Duration: 0.5 months Start Month/Year for SubPhase Asphalt: May 104 SubPhase Asphalt Duration: 0.3 months Acres to be Paved: 2.8 Off -Road Equipment Horsepower Factor Hours/Day No. Type 1 Paving Equipment 11 .Load 0. 8.0 1 Rollers 114 0.430 30 8.0 CONSTRUCTION EMISSION ESTIMATES MITIGATED (tons/year) PM10 PM10 PM10 ROG NOx CO S02 TOTAL EXHAUST DUST Source *** 2003*** Phase 1 - Demolition Emissions - _ _ 0.00 - 0.00 Fugitive Dust 0.00 0.0.02 - 0.00 0.00 0.00 Off -Road Diesel 0.00 0.0000 0.00 0.00 0.00 0.00 0.00 On -Road Diesel 0.00 0.00 0.01 0.00 0.00 0.00 0.00 Worker Trips Total tons/year 0.00 0.14 0.03 0.00 0.00 0.00 0.00 Phase 2 - Site Grading Emissions - 0.00 - 0.00 Fugitive Dust Off -Road Diesel 0.0 0.0.05 - 0.00 0.00 0.00• 0.00 0.00 0.00 On -Road Diesel 0.000 0.00 0.0000 0.00 0.00 0.02 0.00 0.00 0.00 0.00 0.00 Worker Trips Total tons/year 0.01 0.33 0.07 0.00 0.00 0.00 0.00 Phase 3 - Building Construction Off -Road Diesel 0.00 0.04 0.01 - 0.00 0.00 0.00 Bldg Const Bldg Const Worker Trips 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 Arch Coatings Off -Gas 0.00 Arch Coatings Worker Trips 0.00 - - 0.00 0.00 - 0.00 0.00 0.00 0.00 Asphalt Off -Gas 0.00 Asphalt Off -Road Diesel 0.00 - - 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 Asphalt On -Road Diesel 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Asphalt Worker Trips 0.00 0.00 0.04 0.01 0.00 0.00 0.00 0.00 Total tons/year Total all phases tons/yr 0.01 0.51 0.11 0.00 0.00 0.00 0.00 92 iw , 0 Page: 12 *** 2004*** Phase 1 - Demolition Emissions Fugitive Dust Off -Road Diesel On -Road Diesel Worker Trips Total tons/year Phase 2 - Site Grading Emissions Fugitive Dust Off -Road Diesel On -Road Diesel Worker Trips Total tons/year 0.00 - 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 _ - - 0.00 - 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00. Phase 3 - Building Construction Bldg Const Off -Road Diesel Bldg Const Worker Trips 0.05 Arch Coatings Off -Gas 0.00 Arch Coatings Worker Trips 0.00 Asphalt Off -Gas 0.00 Asphalt Off -Road Diesel 0.00 Asphalt On -Road Diesel 0.00 Asphalt Worker Trips 0.00 Total tons/year 0.05 Total all phases tons/yr 0.05 Construction -Related Mitigation Measures 1.94 0.38 - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.03 0.01 - 0.00 0.00 0.00 0.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 . 1.98 0.39 0.00 0.00 0.00 0.00 1.98 0.39 0.00 0.00 0.00 0.00 Phase 1: Off -Road Diesel Exhaust: Use aqueous diesel fuel Percent Reduction(ROG 0.0% NOx 14.0% CO 0.0% S02 0.0% PM10 63.0%) Phase 1: Off -Road Diesel Exhaust: Use diesel particulate filter Percent Reduction(ROG 0.0% NOx 0.0% CO 0.0% S02 0.0% PM10 80.0%) Phase 1: Off -Road Diesel Exhaust: Use cooled exhaust gas recirculation Percent Reduction(ROG 90.0% NOx 40.0% CO 90.0% S02 0.0% PM10 85.0%) Phase 2: Soil Disturbance: Water exposed surfaces - 3x daily Percent Reduction(ROG 0.0% NOx 0.0% CO 0.0% S02 0.0% PM10 50.0%) Phase 2: Off -Road Diesel Exhaust: Use aqueous diesel fuel Percent Reduction(ROG 0.0% NOx 14.0% CO 0.0% S02 0.0% PM10 63.0%) Phase 2: Off -Road Diesel Exhaust: Use diesel particulate filter Percent Reduction(ROG 0.0% NOx 0.0% CO 0.0% S02 0.0% PM10 80.0%) Phase 2: Off -Road Diesel Exhaust: Use cooled exhaust gas recirculation(EGR) Percent Reduction(ROG 90.0% NOx 40.0% CO 90.0% S02 O.0% PM10 85.0%) Phase 2: On -Road Diesel Exhaust: Use aqueous diesel fuel Percent Reduction(ROG 0.0% NOx 14.0% CO 0.0% S02 0.0% PM10 63.0%) Phase 2: On -Road Diesel Exhaust: Use diesel particulate filter Percent Reduction(ROG 0.0% NOx 0.0% CO 0.0% S02 0.0% PM10 80.0%) Phase 2: On -Road Diesel Exhaust: Use cooled exhaust gas recirculation(EGR) Percent Reduction(ROG 90.0% NOx 40.0% CO 90.0% S02 0.0% PM10 85.0%) Phase 2: Stockpiles: Cover all stock piles with tarps Percent Reduction(ROG 0.0% NOx 0.0% CO 0.0% S02 0.0% PM10 9.5%) Phase 3: Off -Road Diesel Exhaust: Use aqueous diesel fuel Percent Reduction(ROG 0.0% NOx 14.0% CO 0.0% S02 0.0% PM10.63.0%) Phase 3: Off -Road Diesel Exhaust: Use diesel particulate filter Percent Reduction(ROG 0.0% NOx 0.0% CO 0.0% S02 0.0% PM10 80.0%) Phase 3: Off -Road Diesel Exhaust: Use cooled exhaust gas recirculation(EGR) Percent Reduction(ROG 90.0% NOx 40.0% CO 90.0% S02 0.0% PM10 85.0%) Phase 3: Off -Road Diesel Exhaust: Use aqueous diesel fuel Percent Reduction(ROG 0.0% NOx 14.0% CO 0.0% S02 0.0% PM10 63.0%) Phase 3: Off -Road Diesel Exhaust: Use diesel particulate filter Percent Reduction(ROG 0.0% NOx 0.0% CO 0.0% S02 0.0% PM10 80.0%) Phase 3: Off -Road Diesel Exhaust: Use cooled exhaust gas recirculation(EGR) Percent Reduction(ROG 90.0% NOx 40.0% CO 90.0% S02 0.0% PM10 85.0%) Phase 3: On -Road Diesel Exhaust: Use aqueous diesel fuel Percent Reduction(ROG 0.0% NOx 14.0% CO 0.0% S02 0.0% PM10 63.0%) Phase 3:.On-Road Diesel Exhaust: Use diesel particulate filter Percent Reduction(ROG 0.0% NOx 0.0% CO 0.0% S02 0.0% PM10 80.0%) Phase 3: on -Road Diesel Exhaust: Use cooled exhaust gas recirculation(EGR) Percent Reduction(ROG 90.0% NOx 40.0% CO 90.0% S02 0.0% PM10 85.0%) Phase 1 - Demolition Assumptions Start Month/Year for Phase 1: Dec 103 Phase 1 Duration: 0.3 months Building Volume Total (cubic feet): 0 93 r) r1 � Page: 13 Building Volume Daily (cubic feet): 0 Miles per round trip set to zero Off -Road Equipment No. Type Horsepower Load Factor Hours/Day 1 Crushing/Processing Equip 154 0.780 8.0 1 Graders 174 0.575 8.0 2 Other Equipment 190 0.620 8.0 1 Rubber Tired Loaders 165 0.465 6.0 1 Tractor/Loaders/Backhoes 79 0.465 8.0 Phase 2 -'Site Grading Assumptions Start Month/Year for Phase 2: Dec 103 Phase 2 Duration: 0.6 months On -Road Truck Travel (VMT): 0 Off -Road Equipment No. Type Horsepower Load Factor Hours/Day l Graders 174 0.575 8.0 2 Other Equipment 190 0.620 8.0 1 Rollers 114 0.430 8.0 1 Surfacing Equipment .437 0.490 8.0 1 Tractor/Loaders/Backhoes 79 0.465 8.0 .Phase 3 - Building Construction Assumptions Start Month/Year for Phase 3: Dec '03 Phase 3 Duration: 5.1 months Start Month/Year for SubPhase Building: Dec '03 SubPhase Building Duration: 5.1 months Off -Road Equipment No. Type Horsepower Load Factor Hours/Day 1 Bore/Drill Rigs 218 0.750 8.0 1 Cranes 190 0.430 8.0 2 Other Equipment 190 0.620 8.0 1 Tractor/Loaders/Backhoes 79 0.465 8.0 Start Month/Year for SubPhase Architectural Coatings: May 104 SubPhase Architectural Coatings Duration: 0.5 months Start Month/Year for SubPhase Asphalt: May 104 SubPhase Asphalt Duration: 0.3 months Acres to be Paved: 2.8 Off -Road Equipment No. Type Horsepower Load Factor Hours/Day 1 Paving Equipment ill 0.530 8.0 1 Rollers 114 0.430 8.0 94 050 Eisenhower Drive Bridge and Drainage Improvements Comment Letter from Carol Gaubatz Native American Heritage Commission P:%ProjeM%MoffadlRTC_M204.doc Responses to Comments 95 "01 NATIVE AMERICAN HERITAGE COMMISSION ws cAPn x MALL. R00u 3" SACFlAMEN70, CA OW14 (915) (916) w-aw - F" August 26, 2004 Mr. Oscar Onci City of La Quintua 78-AM Cape T2MPio0 Le Qulnta, CA 9= Rrx Megd3 m Declaration; Eisenhawer Drive Bridge and Drainage Improvements SCH# 2W4071144 Dear Mr, On:k Therrk you 11or tht op al io coment on to above -mentioned document The Commission was able to perform a rco eni search of its Sacred Lands. File for the project W a. which failed to itldiceft the presence of Native Amain cuRural resources In the immediate prole, any_ The absence of specifla site information in ft Sacred Lands File does not indicate the absence of aMral resou mes in any prged area. Cifierr sources of cultural meources should also be eonta *d fbr Infamodon regardbV known and recorded Site& Emir consultation with bites in your area is the best way to avoid unanWpaW disoonrles once a project is underway. Enclosed Is atilt of Native Anvricarts individua siorganizabons that may have know ecte of cultural resources in the project am& The Commiesion makes no recanmendown of a sib kr Mduai or group ow another. Please corr►taef all those Osted; it they Ganrwt supply you with specific information, they may be able to recommend others with spec fie knawiedge. By contacting all those listed, your of"r LwWn wia be better able to respond to claims of !allure to consult with the appropriate tribe or group. if you. have not received a response within two weeks' time, we recanmertd That you. foNow-up wNh a telephone call to make aure that the information was received. Lack of surface evrderm of archeological resources does not preclude the ®*fie = of archeological resources- Lead agencies should include pmwisions for aec+dentally d'�covered emtwoioQicaf resources during construction per California EnOonmend�Pubec Reno Code §509i.96 Resources Code §1'S WA (1). Health and Safely Code § 050. mandate lire process to be !followed in the event of an accidental de eovery of any human remains in a looa6on-oftr then a dedicated cemetery and should be Included In all er+virorrrnEntal doc Urnenta. If you hen'e %ny questions, plow* contact me at (916) 653 Ml. C= sum Clearinghouse NAHC-1 NAHC-2 96 Eisenhower Drive Bridge and Drainage Improvements Responses to Comments from Carol Gaubatz Native American Heritage Commission P:%ProjedsWoffetflRTC 090204.doc Responses to Comments 97 42,753 Eisenhower Drive Bridge and Drainage Improvements Response to Comment NAHC-1 As indicated in the MND, the project site encompasses approximately 2.8 acres and is located almost entirely within the Eisenhower Drive right-of-way (ROW). The project area and many of the surrounding land uses have been subject to previous earth moving activities associated with construction of the Eisenhower Drive and the La Quinta Evacuation Channel, implementation of the existing drainage network, and construction of surrounding residential uses; therefore, the site has been historically disturbed. The portion of the project site outside of the existing roadway ROW consists of approximately 8,930 square feet of land that was disturbed by construction of adjacent residential uses. It is likely that any cultural resources present within the area would have been previously unearthed and removed or discarded. Further, project - related construction would include limited grading and excavation operations to implement the proposed roadway and drainage improvements. These operations would occur in previously disturbed areas and would be minor in nature. The previously disturbed condition of the project site, the limited amount of earth movement associated with the project, and the lack of records identified in the vicinity of the project site creates an unlikely scenario for cultural resource disturbance. Additionally and as identified in the MND, implementation of Mitigation Measures 5, 6, and 7 would sufficiently mitigate any possible impacts to a level considered less than significant. For these reasons, additional records searches, consultation, and/or an archaeological survey are not warranted for the proposed project. Response to Comment NAHC-2 Implementation of Mitigation Measures 5 and 6 in the MND require the presence of an archaeological monitor during pre -grading meetings, initial site grading, and drilling activities. Additionally, Mitigation Measures 6 and 7 in the MND specify the provisions for accidental discovery of archaeological resources or human remains during construction. No additional mitigation for archaeological or cultural resources is required. P:1PmjeW\MoffaWTC_090204.dm 7 Responses to Comments 98 _ 1-W Un MITIGATION MONITORING PROGRAM FOR THE EISENHOWER DRIVE IMPROVEMENT PROJECT Prepared for: The City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Contact: Oscar Orci Planning Manager (760) 777-7000 Prepared by: BonTerra Consulting 151 Kalmus Drive, Suite E-200 Costa Mesa, California 92626 Contact: Sam Stewart Project Manager (714) 444-9199 April 7, 2004 99 tiJJ Mitigation Monitoring Program 1.0 INTRODUCTION Section 21081.6 of the State of California Public Resources Code requires a Lead or Responsible Agency that approves or carries out a project where a mitigated negative declaration (MND) has identified significant environmental effects to adopt a "reporting or monitoring program for adopted or required changes to mitigate or avoid significant environmental effects." The City of La Quinta is the Lead Agency for the Eisenhower Drive Bridge and Drainage Improvements MND and, therefore, is responsible for implementation of the mitigation monitoring program. The MND has been prepared for the Eisenhower Drive Bridge and Drainage Improvements project which addressed the potential environmental impacts and, where appropriate, recommended measures to mitigate these impacts. As such, a mitigation measure reporting and monitoring program is required,for the MND to ensure that all relevant mitigation measures that have been adopted are implemented. Section 2 describes the roles of responsible parties in implementing and monitoring the adopted mitigation measures, and generally describes the program procedures. Table 1 in Section 3 includes the list of mitigation measures and identifies the timing of the implementation or verification of each measure, the method of verification, and the party responsible for verifying that the measure is complete. The City is responsible for the implementation of each measure, and the City representative is responsible for verifying that the measure has been satisfactorily completed, and/or written evidence submitted to the City, which verifies that the measure has been satisfactorily completed. 2.0 PROJECT MANAGEMENT 2.1 RESPONSIBILITIES The mitigation monitoring plan (MMP) for the Eisenhower Drive Bridge and Drainage Improvements project will be in place through construction of the project or until all mitigation measures are implemented. The City of La Quinta is the Lead Agency for the project. If required, the City will be responsible for designating another responsible agency to take responsibility for implementation of portions of the MMP, if and when appropriate. The Community Development Department of the City of La Quinta is primarily responsible for verifying compliance with the mitigation measures listed within Section 3. The Director of the Community Development Department serves the primary role of coordination and verification of compliance for all parties involved. All parties, or designated assignees, are responsible for ensuring that the mitigation measures are completed, and are vested with the authority to act accordingly. 2.2 GENERAL PROCEDURES The Director of the Community Development Department, or designated assignee, will be responsible for the overall management of the MMP. Assignments of responsibility are included in Section 3. The above -noted designated "monitor" shall oversee elements of the MMP and review compliance through the use of procedures developed by the Director of the Community Development Department. The designated monitor shall ensure compliance with the adopted mitigation measure and ensure proper action is taken on each measure. If it is found that an adopted mitigation measure is not being properly implemented, the Director of the Community Development Department shall require corrective actions to ensure adequate implementation. Cmocuments and Settings%AdministratorlDesktopWMP-122303.DOC 1 Eisenhower Drive Improvement Project Mitigation Monitoring Program 3.0 MITIGATION MONITORING MATRIX A matrix of mitigation measures for the Eisenhower Drive Bridge and Drainage Improvements project is provided in Table 1. Column one identifies the section of the MND in which the mitigation measure is found, and lists the number and specific text of the mitigation measure. Column Two identifies the timing for mitigation implementation. Column Three lists the party responsible for monitoring and verifying that the measure has been satisfactorily completed, while Column Four lists the funding source of the measure. 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E 'v� c' IV noo — .r .- r- N'6 " C 0 O ° ` % 'rn — � •- °o rnO C m �'� 0 a O`� °aE a a) 2 N MWL O :a cCL U cCw >a....., � U L' 0 m-0o c >,Uw Ofi r C g� �,o L c c rnE c co.0 -c (D c rnHt .3 c' M w > i 0 -50 L LU.c ° aV >� M 0 `- o J Q p O .0 O ca m O` y O E O C a > +L-' L O N O M �F- aEu. fl. �� .E cc'i CU y= c -caa>acco� 0 L' t Zvi �,a� 2c�-o..rnn ouicc E >.c' �-6 o _No° a N N C w R L� ` c� V``—° 2 E E >' mo c N a� o C E cE�>o�c'� -.- U a� c 8 a c�vC�i5 c a�:?�°C'1_ c��4) =c °> o o c NCL co ac E m �,= v,.Ln $U°O to Q E'°'a>> n� o� `o E m� �� 8Qo 8 U�iiuit'n cao'a°'i o c c c O d) c M c c C C v a O a C O w C C O o E O C 0 La o r 0)o 43) o ° C C O 0 d! .r v) (� a`8 o a8 z° 08 a 8 0 U 104 0619 0 O C� 00 wce as F- CD zz �w2 0 m>~ <o°z c0 a� �z LLJ 0 >a c c� 0 z V W r-� U 105 �� COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Approval of Plans, Specifications and Engineer's Estimate and Authorization to Advertise for Bid the La Quinta Downtown Lighting Program and Avenida Bermudas Sidewalk Improvements, Project No. 2003-07A RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the plans, specifications and engineer's estimate of probable construction costs (PS&E) and authorize staff to advertise the La Quinta Downtown Lighting Program and Avenida Bermudas Sidewalk Improvements, Project No. 2003-07A, for bid. FISCAL IMPLICATIONS: The following represents the project's approved funding and funding sources: Project Area No. 1 - Bermudas Sidewalk Improvements Funding Source Account No. Amount S13821-Bicycle and Pedestrian Facilities 401-000-466-487 $52,877 RDA Project Area No. 1 Funds (Sidewalk) 401-000-493-000 $21,963 Sub Total: $74,840 Project Area No. 2 La Quinta Downtown Lighting Program Funding Source Account No. Amount CDBG Funding 401-0000-391.00-00 $134,825 Considering the Engineer's Estimate, the following represents the anticipated project budget for each project area: Project Area No. 1 - Bermudas Sidewalk Improvements Construction: Design: Inspection/Testing/Survey: Administration: Contingency: Total: $ 53,000 $ 9, 000 $4,107 $2,650 $6,083 $ 74, 840 As illustrated, adequate funding is available to install the Avenida Bermudas Sidewalk component of the project. Project Area No. 2 La Quinta Downtown Lighting Program Construction: Design: Inspection/Testing/Survey: Administration: Contingency: Total: $1251000 $7,000 $9,687 $6,250 $12, 500 $160,437 As illustrated, a difference exists between the available funding ($134,825) and the anticipated project budget ($160,437) in the amount of $25,612. Considering the project budget is based upon the engineer's estimated probable construction costs and actual bids have not been received, staff does not recommend any funding adjustments at this time. Staff will readdress the project budget after contractor bids are received and prior to the City Council's consideration of contract award. CHARTER CITY IMPLICATIONS: None. Both components of the project include state or federal funding. Subsequently, the project will be bid as a prevailing wage project. BACKGROUND AND OVERVIEW: The two project components include: A. Avenida Bermudas Sidewalk Improvements — installation of sidewalk improvements, curb ramps, signing, and striping from Avenue 52 and Calle Estado. 2 ` 4. 3 B. Downtown Lighting Program - installation of new light fixtures on new concrete foundations, pull boxes, and conduit on Avenida Bermudas and Desert Club Drive. The Fiscal Year 2003/2004 Capital Improvement Plan (CIP) approved by the City Council on May 20, 2003, assigned RDA Project Area No. 1 funding toward miscellaneous sidewalk improvements to be identified on a project by project basis. On May 20, 2003, the City Council approved an SB 821 Program grant application in the amount of $59,880 for installing a sidewalk on Avenida Bermudas between Avenue 52 and Calle Estado. The City Council was informed that the total cost of the proposed sidewalk improvements was estimated at $74,850 and that the City's match would be funded with RDA Project Area No. 1 Funds (Account Number 401-000-493-000) set aside for sidewalk improvements in the City's 2003/2004 CIP. On July 22, 2003, the City received notification that the Riverside County Transportation Commission (RCTC) approved $52,887 for use in installing sidewalk improvements on Avenida Bermudas. On December 8, 2003,.the City entered . into a Professional Services Agreement (PSA) with MRC Engineering to prepare the PS&E for the Downtown Lighting Program. On February 17, 2004, the City Council approved a PSA with RKA Engineer's, Inc. to prepare the plans, specifications and engineer's estimate for the Fiscal Year 2003/2004 Miscellaneous Street Improvements, Project No. 2003-07. The design of the Bermudas Sidewalk Improvements was included within this agreement. The PS&E is now complete and available for review within the Public Works Department. Contingent upon City Council authorization to advertise the project for bid on November 16, 2004, the following represents how the project is scheduled to proceed: City Council PS&E Approval Project Advertisement (30 days) City Council Awards Construction Sign Contracts and Mobilize Construction (60 Consecutive Calendar Days) Project Close-out/Acceptance November 16, 2004 November 17 - December 16, 2004 January 4, 2005 January 5 - January 31, 2005 February 1 - April 4, 2005 April 2005 3 2 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the plans, specifications and engineer's estimate of probable construction costs and authorize staff to advertise the La Quinta Downtown Lighting Program and Avenida Bermudas Sidewalk Improvements, Project No. 2003-07A, for bid; or 2. Do not approve the plans, specifications and engineer's estimate of probable construction costs and do not authorize staff to advertise the La Quinta Downtown Lighting Program and Avenida Bermudas Sidewalk Improvements, Project No. 2003-07A, for bid; or 3. Provide staff with alternative direction. Respectfully submitted, Ti othy R. Jb na o P.E. ublic Works Dir or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager ?I- ,� 4 r. 6 J " COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Approval to Appropriate Funding and Award a Contract to Construct the Highway 1 1 1 Widening and Signal Modification, Project No. 2001-07 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: l l STUDY SESSION: PUBLIC HEARING: Appropriate $312,000 from RDA Project Area No. 2, Account Number 406-0000- 290.00-00, and award a. Contract in the amount of $516,064 to Yeager Skanska Inc. to construct the Highway 111 Widening and Signal Modifications, from La Quinta Center Drive to Adams Street, Project No. 2001-07. FISCAL IMPLICATIONS: The following represents the project's approved funding and funding sources: General Fund: Measure A Funds (RCTC): Total Funding Available: Less Prior Expenditures: (as of 9-30-2004) Amount Available: $12, 200 $311,644 $323,844 ($192) $323,652 Based upon the low bid in the amount of $516,064, the following represents the anticipated project budget: Construction: Inspection/Testing/Survey: Administration: Professional: Contingency: Total: $516,064 $ 40, 000 $25,000 $ 2,184 $ 52,000 $635,248 As illustrated, a shortfall exists between the amount available ($323,652) and the anticipated project budget ($635,248) in the amount of $31 1,596. Funding may become available from RCTC for this shortfall through either shifting monies from other phases of the project or through a CVAG allocation of remaining funds at the end of the current Measure A cycle in 2009. Until such time, the City will only be reimbursed up to the MOU specified amount. Additional funding is available from the City's Redevelopment Agency Project Area No. 2 funds. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The proposed improvements to Highway 111, from Simon Drive to Adams Street, include a 12' travel lane, 8' shoulder, curb and gutter, an 8' meandering sidewalk, handicap ramps, signing and striping, and minor modifications to two traffic signals. On March 4, 2003, the City Council appropriated $312,000 from the General Fund Reserves to accelerate project activities. The City entered into a Memorandum of Understanding (MOU), Number M23-005, with the Riverside County Transportation Commission (RCTC) for the joint development of State Highway 111 improvements, from Simon Drive to Adams Street on November 18, 2003. The MOU commits the RCTC to allocate Measure A funding in an amount up to $3-1 1,644 toward the street improvements within the State right-of-way on Highway 1 1 1. RCTC will reimburse the City upon completion of the project or in accordance with the phased reimbursement schedule approved by the Coachella Valley Association of Governments (CVAG). CVAG's phased reimbursement schedule allocated $200,000 during Fiscal Year 2003/2004 and $1 11,644 during Fiscal Year 2004/2005. Subsequently, 100% of the allocated funding assigned to the proposed improvements is available for the City's use at this time. On October 21, 2004, two sealed bids were received for the construction of this project. The following represents a summary of the bids received and compares the bids to the engineer's estimate. Engineer's Estimate Yeager Skanska Zondiros' Corp. $257,480 $ 516,064 $549,042 As illustrated, Yeager Skanska, submitted the lowest responsive bid in the amount of $516,064. Staff if currently awaiting a bid breakdown from Yeager Skanska for the underestimated signal modification work. The Engineer's Estimate was prepared by PCA, Engineering based on bids received on similar work. A detailed bid comparison summary is provided as Attachment 1. Contingent upon City Council Award on November 16, 2004, the following represents how the project is expected to proceed: City Council Awards Construction November 16, 2004 Sign Contracts and Mobilize November 16-December 10, 2004 Construction (60 Consecutive Calendar Days) December 10-February 10, 2005 Project Close-out/Acceptance March 2005 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appropriate $312,000 from RDA Project Area No. 2, Account Number 406- 0000-290.00-00, and award a Contract in the amount of $ 516,064 to Yeager Skanska Inc. to construct the Highway 111 Widening and Signal Modifications, from La Quinta Center Drive to Adams Street; Project No. 2001-07; or 2. Reject all bids and authorize staff to readvertise the Highway 1 1 1 Widening and Signal Modifications, from La Quinta Center Drive to Adams Street, Project No. 2001-07; or 3. Provide staff with alternative direction. Respectfully submitted, Jim:tothy R,,JJona W n, P.E. Public Works Director/City Engineer Approved for submission by: / r Thomas P. Genovese, City Manager Attachment: 1. Bid Comparison Summary ATTACHMENT 1 r 3 2 J 0000000000000000 Q N J0800ON406666666N 00000 t 000000000d; :m)0oo t•owmmOOr000le f•' Cam)OMMr-�N•-Ntn00M000Q L- zr N M m '- LnOON O W C MM.- -NN. - � U .. — N t!} �/} N f/l �- <? <f} N ffY 4). tft N U} N �? 41? N PS 00000000000 to 0 0 0 c ... 0 0 0 0 0 w o o o o 0 n 0 0 0 C W 00N0000 N U u�'i OOOC'4C'4 000 pLR Ls 0 d t'M = F- 4 r- M N M N r- M O M N UY 4} J 0000000000000000 Q y 0 0 0 0 0 0 0 0 0 0 0,t 0 0 0� OpOcOc�ML70�tnOt�0000d' O m oOOMNmNoWoNLn000(fl H 0 000m mr- -Woorr000R Y "' 6Oi0c")rnV-pV- N OOQOO N O N N r- (n ` Ln C �- o 0 0 0 o to 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N O 0 0 0 0 M 0 0 0 ui OOO�p('��OwONO } U O O O O O 0 000 000 0. 3 O 00 O N O O O N O N J 0000000000000000 OOOOOOcD000ON0000 000060,4000006666 O 'D F- Am Oo0LnM,m,m0LnM00o0 00001tcoMON0•-rn000q 0Ul)0(OLnNN e- (C V- qto0mP. It M 0 � W .0 ~ v N N t/Y Vf fA N dY 4 N <? N q #> UY - 4 N C 000000Ln0000Ln000 o OOONRtNO�t 0 0 0 0 M M 0 0 ��(C0000 0 0 0 0 0 0� W _ U y p to to v- •- 4> 4& Q> v> .- 0, as O O M = tD e- vs vs vs vs C) Ln C7 O_) O ~ cc z _ D ~ (n (n (n U- U- J. U- U. U. Q LL U. (n (n (nN _ JJJJ(nMuiJJ W JNJJJ� DiW a 00 n N CD Lp M q^ Ln •- N •- •- W N (O (O fn W m co U- O J � a z 0 t` D O d O c (D C ai > p Q O E O ` O J Q z O L) > `CL °U *� 0 �a U X e V m Q Q C E N U 00 = Q c W S Ear E 13 p�� X Oe -*.JQ N O N O a j V U 0 > , H Q C O> () Q E E 0 0 0 ,C O v Vch p r. mQ � e 0+C--,+C-,�U'C CO O H m to C mo X X V Q LCO O O C O ._ v U ++ ++ ++ 0O O C C C o 0 ca I - y 7 ODUU(nwmUUUcncn(n C 0 C 0 C� 0 m E O E O C O C- O O W Z QmU�-NM�tncO1�00M� 0 N i M1l OF �94+ COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Adoption of a Resolution Accepting a Cash Donation from Berryman & Henigar for the Employee Recognition Banquet RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: J-12. STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting a cash donation from Berryman & Henigar for the Employee Recognition Banquet. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 8, 2004, Berryman & Henigar provided the City of La Quinta with an announcement of their pledge to provide a cash donation of $500.00 to be used for the purchase of door prizes. The Banquet will be held on December 11, 2004, at the PGA West Stadium Clubhouse. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting a cash donation from Berryman & Henigar for the Employee Recognition Banquet; or r) -., A01 2. Do not adopt a Resolution of the City Council accepting a cash donation from Berryman & Henigar for the Employee Recognition Banquet; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A CASH DONATION FROM BERRYMAN & HENIGAR FOR THE EMPLOYEE RECOGNITION BANQUET WHEREAS, on November 8, 2004, Berryman & Henigar generously made a cash donation of $500 to the City for the Employee Recognition Banquet to be held on December 11, 2004, at the PGA West Stadium Club House in La Quinta, California; and WHEREAS, the gift was donated to the City and its personnel and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest in the City to accept the donation and to direct the City Manager to control distribution of the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City of La Quinta hereby accepts the cash donation of $ 500. 2. The City Manager is hereby directed to control distribution of said donation. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16' day of November, 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California r, ryy ri 3 Resolution No. 2004- Berryman & Henigar Donation Adopted: November 16, 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 273 4 COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Adoption of a Resolution Accepting a Cash Donation from Rosenow Spevacek Group Inc. for the Employee Recognition Banquet RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting a cash donation from Rosenow Spevacek Group Inc. for the Employee Recognition Banquet. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 8, 2004, Rosenow Spevacek Group Inc. provided the City of La auinta with an announcement of their pledge to provide a cash donation of $500.00 to be used for the purchase of door prizes for the Employee Recognition Banquet. The Banquet will be held on December 11, 2004, at the PGA West Stadium Clubhouse. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting a cash donation from Rosenow Spevacek Group Inc. for the Employee Recognition Banquet; or 274 2. Do not adopt a Resolution of the City Council accepting a cash donation from Rosenow Spevacek Group Inc. for the Employee Recognition Banquet; or 3. Provide staff with alternative direction. Respectfully submitted, i Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager 2 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A CASH DONATION FROM ROSENOW SPEVACEK GROUP INC., FOR THE EMPLOYEE RECOGNITION BANQUET WHEREAS; on November 8, 2004, Rosenow Spevacek Group Inc. generously made a cash donation of $ 500.00 to the City for the Employee Recognition Banquet, to be held on December 11, 2004, at the PGA West Stadium Club House in La Quinta, California; and WHEREAS, the gift was donated to the City and its personnel and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City to accept the donation and to direct the City Manager to control distribution of the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City of La Quinta hereby accepts the cash donation of $500.00. 2. The City Manager is hereby directed to control distribution of said donation. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16' day of November, 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 2t-116 3 Resolution No. 2004- Donation by Rosenow Spevacek Group Inc. Adopted: November 16, 2004 Page 2 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 o& , r 1u OF 9 COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Adoption of a Resolution Accepting a Cash Donation from Rutan and Tucker for the Employee Recognition Banquet RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting a cash donation from Rutan and Tucker for the Employee Recognition Banquet. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 9, 2004, Rutan and Tucker provided the City of La Quinta with an announcement of their pledge to provide a cash donation of $750.00 to be used for the purchase of door prizes for the Employee Recognition Banquet. The Banquet will be held on December 11, 2004, at the PGA West Stadium Clubhouse. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting a cash donation from Rutan and Tucker for the Employee Recognition Banquet; or �i 3 2. Do not adopt a Resolution of the City Council accepting a cash donation from Rutan and Tucker for the Employee Recognition Banquet; or I Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager 2 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A CASH DONATION FROM RUTAN AND TUCKER, FOR THE EMPLOYEE RECOGNITION BANQUET WHEREAS, on November 9, 2004, Rutan and Tucker generously made a cash donation of $750.00 to the City for the Employee Recognition Banquet, to be held on December 11, 2004, at the PGA West Stadium Club House in La Quinta, California; and WHEREAS, the gift was donated to the City and its personnel and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City to accept the donation and to direct the City Manager to control distribution of the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City of La Quinta hereby accepts the cash donation of $750.00. 2. The City Manager is hereby directed to control distribution of said donation. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of November, 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 3 Resolution No. 2004- Donation by Rutan and Tucker Adopted: November 16, 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 ��1. 4 OF 9 COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Adoption of a Resolution Accepting a Cash Donation from NAI Consulting, Inc. for the Employee Recognition Banquet RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 16" Adopt a Resolution of the City Council accepting a cash donation from NAI Consulting, Inc. for the Employee Recognition Banquet. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 8, 2004, NAI Consulting, Inc. provided the City of La Quinta with an announcement of their pledge to provide a cash donation of $300.00 to be used for the purchase of door prizes for the Employee Recognition Banquet. The Banquet will be held on December 11, 2004, at the PGA West Stadium Clubhouse. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting a cash donation from NAI Consulting, Inc. for the Employee Recognition Banquet; or 4W8�: 2. Do not adopt a Resolution of the City Council accepting a cash donation from NAI Consulting, Inc. for the Employee Recognition Banquet; or 3. Provide staff with alternative direction. Respectfully submitted, Y� -0--1-1 Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese City Manager FA 283 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A CASH, DONATION FROM NAI CONSULTING, INC., FOR THE EMPLOYEE RECOGNITION BANQUET WHEREAS, on November 8, 2004, NAI. Consulting, Inc. generously made a cash donation of $300.00 to the City for the Employee Recognition Banquet, to be held on December 11, 2004, at the PGA West Stadium Club House in La Quinta, California; and WHEREAS, the gift was donated to the City and its personnel and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City to accept the donation and to direct the City Manager to control distribution of the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City of La Quinta hereby accepts the cash donation of $300.00. 2. The City Manager is hereby directed to control distribution of said donation. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of November, 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 48 4 W 3 Resolution No. 2004 Donation by NAI Consulting, Inc. Adopted: November 16, 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 �j 4 4 NMI OF 't9 COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Consideration of the Comprehensive Annual Financial Report for the Year Ended June 30, 2004 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve, receive and file the Comprehensive Annual Financial Report for the year ended June 30, 2004 (Attachment 1). FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the end of every fiscal year, the City prepares an audited financial report. This year the City prepared a Comprehensive Annual Financial Report, in accordance with Government Accounting Standards Board No. 34, for the year ended June 30, 2004. Mr. Mike Harrison, CPA and Auditing Partner of Conrad and Associates, is prepared to make a brief presentation of the report's highlights and answer any questions. A W FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve, receive and file the Comprehensive Annual Financial Report for the year ended June 30, 2004; or 2. Do not approve, receive and file the Comprehensive Annual Financial Report for the year ended June 30, 2004; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer( Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Comprehensive Annual Financial Report for the year ended June 30, 2004 2 C I 1 1 1 1 1 CITY OF LA QUINTA La Quinta, California Comprehensive Annual Financial Report 1 Year Ended June 30, 2004 I 1 CITY OF LA QUINTA La Quinta, California Comprehensive Annual Financial Report 1 Year ended June 30, 2004 1 Prepared by ' FINANCE DEPARTMENT JOHN M.FALCONER ' Director of Finance (This page intentionally left blank) 1 CITY OF LA QUINTA 1 Comprehensive Annual Financial Report Year ended June 30, 2004 1 TABLE OF CONTENTS 1 Page 1 INTRODUCTORY SECTION Letter of Transmittal i 1 List of Principal Officials xi Organizational Chart xii Certificate of Award for Outstanding Financial Reporting (CSMFO) xiii 1 Certificate of Achievement for Excellence in Financial Reporting (GFOA) xiv 1 FINANCIAL SECTION Independent Auditors' Report 1 Management's Discussion and Analysis (Required Supplementary Information) 3 1 Basic Financial Statements: Government -wide Financial Statements: 1 Statement of Net Assets 18 Statement of Activities 19 1 Fund Financial Statements: Governmental Funds: 1 Balance Sheet 20 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets 22 1 Statement of Revenues, Expenditures and Changes in Fund Balances 24 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities 26 1 Proprietary Funds: Statement of Net Assets 27 1 Statement of Revenues, Expenses and Changes in Net Assets 28 Statement of Cash Flows 29 1 Fiduciary Funds: Statement of Fiduciary Assets and Liabilities — Agency Funds 1 30 CITY OF LA QUINTA Comprehensive Annual Financial Report 'Year ended June 30, 2004 TABLE OF CONTENTS, (Continued) Page FINANCIAL SECTION, (Continued) Notes to the Basic Financial Statements 31 REQUIRED SUPPLEMENTARY INFORMATION: Notes to Required Supplementary Information 69 Budgetary Comparison Schedules: General Fund 70 SUPPLEMENTARY SCHEDULES: Non -Major Governmental Funds: Combining Balance Sheet 74 Combining Statement of Revenues, Expenditures and Changes in Fund Balance 75 Non -Major Special Revenue Funds: Combining Balance Sheet 78 Combining Statement of Revenues, Expenditures and Changes in Fund Balance 80 Budgetary Comparison Schedules: State Gas Tax Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 82 Federal Assistance Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 83 Lighting and Landscape Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 84 State Law Enforcement Block Grant (SLESF): Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 85 ' CITY OF LA QUINTA Comprehensive Annual Financial Report Year endedlIJune 30, 2004 1 TABLE OF CONTENTS, (Continued) ' Page FINANCIAL SECTION, (Continued) Quimby Fund: ' Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 86 Public Safety Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual I 87 Arts in Public Place Fund: ' Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 88 ' South Coast Air Quality Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 89 ' Intermodal Surface Transportation Act (ISTEA): Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 90 ' Local Law Enforcement Block Grant (LLEBG): Schedule of Revenues, Expenditures and Changes in Fund ' Balances — Budget and Actual 91 Coachella Valley Violent Crime Task Force Fund: Schedule of Revenues, Expenditures and Changes in Fund ' Balances — Budget and Actual 92 Low/Moderate Income Housing Project Area No. 1 Fund: ' Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 93 Low/Moderate Income Housing Project Area No. 2 Fund: ' Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual � 94 ' Low/Moderate Bond — Project Area No. 1 Fund: Schedule of Revenues, Expenditures and Changes in Fund ' Balances — Budget and Actual 95 CITY OF LA QUINTA Comprehensive Annual Financial Report Year ended June 30, 2004 TABLE OF CONTENTS, (Continued) Page FINANCIAL SECTION, (Continued) Major and Non -Major Debt Service Funds: Budgetary Comparison Schedules: Redevelopment Agency Project Area No. 1 Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 98 Redevelopment Agency Project Area No. 2 Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 99 Financing Authority Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 100 Major and Non -Major Capital Projects Funds: Budgetary Comparison Schedules: Combining Balance Sheet 102 Combining Statement of Revenues, Expenditures and Changes in Fund Balance 104 Capital Improvement Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 106 Redevelopment Agency Project Area No. 1 Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 107 2004 Low/Moderate Income Bond Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 108 Infrastructure Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 109 ' CITY OF LA QUINTA Comprehensive Annual Financial Report Year ended June 30, 2004 TABLE OF CONTENTS, (Continued) ' FINANCIAL SECTION, (Continued) Transportation Fund: ' Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Parks and Recreation Fund: ' Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Civic Center Fund: ' Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual ' Library Development Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual ' County Library Development Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Community Center Fund: Schedule of Revenues, Expenditures and Changes in Fund ' Balances — Budget and Actual Street Facility Fund: ' Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Park Facility Fund: ' Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Fire Facility Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual ' Assessment District 2001-1 Phase VI Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Page 110 111 112 113 114 115 116 117 118 119 CITY OF LA QUINTA Comprehensive Annual Financial Report Year ended June 30, 2004 TABLE OF CONTENTS, (Continued) Page FINANCIAL SECTION, (Continued Redevelopment Agency Project Area No. 2 Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 120 Redevelopment Agency Taxable Bond Project Area No. 1 Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 121 Financing Authority Capital Projects Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 122 Internal Service Funds: Combining Statement of Net Assets 124 Combining Statement of Revenues, Expenditures and Changes in Fund Balance 125 Combining Statement of Cash Flows 126 Agency Funds: Combining Balance Sheet 128 Statement of Changes in Assets and Liabilities 130 Capital Assets Used in the Operation of Governmental Funds: Schedule by Source 134 Schedule by Function and Activity 135 Schedule of Changes by Function and Activity 136 CITY OF LA QUINTA ' Comprehensive Annual Financial Report Year ended June 30, 2004 TABLE OF CONTENTS, (Continued) Table No. Page ' STATISTICAL SECTION General Fund Expenditures by Function 1 138 ' General Fund Revenues by Source 2 139 Property Tax Levies and Collections 3 140 Schedule of Net Taxable Value 4 141 ' Property Tax Rates - Direct and Overlapping Governments 5 142 Special Assessment Billings and Collections 6 143 Schedule of Direct and Overlapping Bonded Debt 7 144 Computation of Legal Debt Margin 8 145 ' Revenue Bond Coverage 9 146 Demographic Statistics 10 147 ' Property Value, Construction Activity, and Bank Deposits Principal Taxpayers 11 12 148 149 Major Employers 13 150 ' Schedule of Insurance in Force 14 151 Miscellaneous Statistical Data 15 152 ' General Fund Balance Trends 16 153 (This page intentionally left blank) TRT 4 P.O. Box 1504 78-495 CALLF. TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 November 15, 2004 Honorable Mayor, City Council, and City Manager ' City of La Quinta La Quinta, California ' FY 2003-04 COMPREHENSIVE ANNUAL FINANCIAL REPORT LETTER OF TRANSMITTAL We are pleased to present the 2004 CAFR of the City of La Quinta to the City Council and the City Manager. This report includes financial statements of the: • City of La Quinta; • La Quinta Redevelopment Agency; and, ' • La Quinta Financing Authority. Our independent auditors, Conrad & Associates have expressed their opinion as to the fairness of these ' financial statements. The completion of the independent audit is an important part of the total financial management program for the City of La Quints. ' The information found in this report is provided by management to the Council and the public to assist those interested in understanding the fiscal condition of the City as of June 30, 2004. Responsibility for both the accuracy of the data, its completeness and its fairness ofpresentation, including all disclosures rests with the City. To the best of our knowledge and belie% the enclosed data is accurate in all material respects and is reported in a manner designed to present fairly the financial position and results of operations of the various funds of the City of La Quints. All disclosures necessary to enable this reader to gain an ' understanding of the govemmenfs financial activities have been included This is the Fourth year of financial statement presentation under the financial and reporting requirements of t Government Accounting Standards Board Pronouncement No. 34 — The New Financial Reporting Model. The City elected early implementation of the standards in Fiscal Year 2001. In its most elementary terms, the new model attempts to present the financial position and activities of a government organization on a ' basis comparable to a for -profit organization. 1 � 1 Honorable Mayor, City Council, and City Manager Document Structure The CAFR is presented in three sections: • Introductory; • Financial; and, • Statistical. The introductory section includes this transmittal letter, the City's organizational chart, a list of principal officials, and awards for excellence in financial reporting. The financial section consists of the audit opinion, management's discussion and analysis of the financial statements and footnotes, and required supplementary information. The statistical section includes selected financial and demographic information, generally on a multi -year basis. The following governmental agencies that provide services to the citizens of the City of La Quinta have been excluded from this report because the City does not have financial accountability over these agencies: State of California and its departments, County of Riverside and its departments, Coachella Valley Association of Governments, Riverside County Transportation Commission, Riverside County Waste Management District, Desert Sands Unified School District, County Superintendent of Schools, Coachella Valley Unified School District, Desert Community College District, Coachella Valley Mosquito and Vector Control District, Coachella Valley Water District, Sunline Transit Agency, Palm Springs Desert Resorts Convention and Visitors Authority, and the Desert Regional Resorts Airport Authority. Backnround The City of La Quinta is located 120 miles east of Los Angeles in the eastern portion of Riverside County known as the Coachella Valley. The City motto is '"Me Gem of the Desert". The City is governed by a five member City Council under the Council/Manager form of government. The Mayor is directly elected by the citizens. The City was originally incorporated in 1982 as a general law City and it became a charter City in November 1996. Significant one-year demographic data is as follows: • Population as of January 1, 2003 was 32,522, an increase of 6.8% from 2003. • Commercial and residential units issued was 1,560, a 73% increase from 2003; • Taxable Sales of $524 million, a 20.6% increase from 2003; • Assessed Valuation of $6.333 billion, a 16% increase from 2003; and, • Hotel Room sales over $39.1 million, a 3% increase from 2003. The City area includes the La Quinta Resort, several world class golf resorts, quality neighborhoods of single family and multi -dwelling homes, and light commercial industries. The City has a beautiful Senior Center, which borders the newly opened Civic Center Campus. The Desert Sands Unified School District and Coachella Valley Unified School District provide educational opportunities for school -age children in La Quinta. ii ' Honorable Mayor, City Council, and City Manager The City has been experiencing rapid growth in population. During 2003, the population grew 6.8%. With this growth comes a demand on local government to meet the needs of its citizens. The total number of full time ' authorized positions for 2003-2004 is 78. In addition to the 32,522 permanent residents, approximately 12,000 seasonal residents spend three to six months in the City. La Quinta was recently named "the best place to live for golfing" by the Robb Report, and has been one of the fastest growing cities in Riverside County and ' California in recent years. ' Services Provided by the Citv City services can be divided into those services provided directly by City staff and those services contracted out ' or provided by other government agencies and organizations. Direct services provided by City staff in the following areas include: ' General Government City Clerk - Legislative City Clerk - City Manager ' Economic Development Community Services - Personnel - Administration - Recreation ' Finance - Senior Center Fiscal Services Central Services Community Development ' - Administration Building and Safety - Planning - Administration - South Coast Air Quality ' - Code Compliance - Redevelopment - Animal Control - Building ' - Emergency Services - Fire - Civic Center Building Public Works - Administration ' - Development/Traffic - Street & Landscape Maintenance - Construction . iii Honorable Mayor, City Council, and City Manager Services are also provided to the City and its citizens by contract and by the direct services of other government agencies and organizations. These services include police and fire protection through the County of Riverside, library services through the County of Riverside, visitor & tourist information through Palm Springs Desert Resorts,Convention and Visitors Authority, City promotion through the La Quints, Chamber of Commerce, water and sewer service through the Coachella Valley Water District, electricity service through the Imperial Irrigation District, refuse collection through Waste Management Company, public transit through Sunlme Transit Agency, and cable service through Time Warner. SIenlficant Events and Accomplishments' During 2003-04 the City experienced many significant events and accomplishments that may not be readily evident, from a review of the financial statements. Some of the more important of these items are: Real Estate Building permits issued exceeded $282.6 million in valuation for the fiscal year ending June 30, 2004. One thousand four hundred and six new housing units were built in 2004, and La Quints's growth continues to be faster than the average recorded in Riverside County and in the Coachella Valley. Major retail developments continue to diversify and enhance La Quints's economic base. The Centre at La Quints auto mall site includes three auto dealerships and can accommodate up to nine dealerships, plus 400,000 square feet of retail anchored by a Super Walmart, which opened in 2004; Washington Park, anchored by a Target also opened in 2004 ,as well as Washington Mutual Bank, Stein Mart; La Quinta Corporate Center, which contains a fitness center, offices, and a post office site; La Quinta Court, a specialty shopping center with finerestaurants, offices and a gourmet food market; La Quints, Professional Plaza,, which includes Palm Desert National Bank, professional offices and restaurants; Jefferson Plaza, anchored by Home Depot, I -Hop, and Jack in the Box; One Eleven Center, anchored by a future Kohl's Department Store, Staples, Ross Dress 4 Less, and a Big 5 Sporting goods store; Point Happy, anchored by two restaurants and Bank ofAmerica; and Old Town La Quinta, a 140,000 square foot commercial/retail center recently opened in the Village area. Several resort -oriented projects which will expand the economic diversity of the City are planned or ah•eady approved, including an Embassy Suites hotel, scheduled to open in early 2005, development of Centre Point, a 50-acre site at the comer of Miles Avenue and Washington Street which will include a mid -priced hotel, and a 165,000 square foot medical facility. A residential component is also part of the Centre Point project, with a neighborhood park. Quality residential communities, including Trilogy, PGA West, Rancho La Quints, and the Traditions have increased the assessed valuation of the City, and several other large projects have been approved and aremoving forward including Andalusia and Coral Mountain. iv Honorable Mayor, City Council, and City Manager ' Housing La Quinta has a wide spectrum of housing types and values, ranging from the affordable to exclusive luxury ' estates. The median home prices in La Quinta have dramatically increased during FY 03/04. The medianhome price in La Quinta stands at approximately $350,000, which is still lower than averages for San Diego and Los Angeles Counties. New home construction is now in the $500,000 to $1,000,000 range. ' Sales of new and existing homes in La Quinta continue to be amongst the highest volume in the Coachella Valley as the east valley continues to development at a faster rate than the west valley. New construction has ' brought the number of housing units available in the City to 15,942. The 15,942 units consist of 13,164 detached single family residences,1,448 attached single family residences,1,071 multi family residences, and 259 mobile homes. Tourism La Quints is well known for its many championship golf courses. The Cityis home to 21 championship courses, ' and many more are in the planning or development stages. In addition to quantity, La Quinta has some of the highest rated courses in the world of golf. Various golf tournaments, including the prestigious Bob Hope ' Chrysler Classic, are exposing La Quinta internationally as a quality destination and golf resort area. La Quinta's Trilogy Golf Club will be hosting the internationally televised Skins Game in 2004. ' The City acquired 525 acres of previously undeveloped property adjacent to Jefferson Street and Avenue 52 in 2.002. This project, SilverRock Resort, will include two 18-hole golf courses, hiking trails, residential casita units, as well as two or three hotels and commercial areas for retail and restaurants. The first golf course, an ' Arnold Palmer design will open in early 2005 and the City is actively marketing the surrounding property for hotel and timeshare developers. The first course will be the host golf course for the Bob Hope Chrysler Classic in 2006. ' The nationally recognized La Quinta Arts Festival attracts many visitors from around the country each year to the City of La Quinta and the Coachella Valley. ' Hotel room sales in La Quinta enjoyed dramatic growth to a record $39.1 million in fiscal year 2003/04. The La Quints Hotel, the largest destination resort in the Coachella Valley, was the largest contributor to this increase. 1 V Honorable Mayor, City Council, and City Manager Capital Improvements The City completed $43.2 million in capital improvements during fiscal year 03-04, up from $16 million in fiscal year 2002/03. Projects completed or nearing completion include Phase I of SilverRock Resort, the La Quints Park, the third fire station, Jefferson Street widening Phase Ilproperty acquisition, theHammer Property acquisition, completion of the Mira Flores Senior Apartment Project. Several significant projects which are continuing, planned or already approved include Civic Center expansion, the construction of the new City library, widening the Eisenhower Dr. bridge and landscape improvements to Washington Street and the Vista Dunes Mobile Home Project The City's Capital Improvement Program (CIP) continues to increase to meet the demands of growth, and totals $10.5 million for fiscal year 2004-2005. This major commitment in infrastructure will continue to provide for both the current and future growth that the City has experienced. The City has several significant community facility projects under way. A second skateboard park is nearing completion and the 18 acre La Quinta Park has been completed. This park hosts a variety of community amenities, including lighted soccer fields, ball fields, a basketball court, a children's in service area and space for the future skateboard park previously mentioned. Development of the City's first municipal golf course, SilverRock Resort, will significantly add to amenities available to residents of La Quinta. SilverRock will open early in 2005. The Redevelopment Agency completed a$26.4 million taxable bond issue to be used for the development ofthe SilverRock resort while the La Quinta Financing Authority issued $90 million in bonds to provide low and moderate housing opportunities. City Oyeratlons The.following is a partial listing ofthe accomplishments for the citizens of La Quinta for fiscal year 2003-2004: Continued development of GIS data base for city-wide planning, obtained aerial photos of City boundaries and planning areas, and developed enhanced mapping capabilities, including public safety analysis; Continued features on City web page, making the,municipal code, maps and permit detail available to the general community, Implemented economic development marketing program to support local businesses; Applied for, and received, several grant awards for community projects to enhance public safety, environmental issues, and improved traffic systems; Improved on the Optical Imaging system for document storage and record retrieval, including scanning and indexing existing improvement plans into digital archives; Received awards in excellence for financial and budget reports; Implemented upgrades in management information services, including additional servers, enhanced firewall security, and improvements in City web site; Implementation of new software„ integrating financial records and departmental operations for improved efficiency and information retrieval; vi Honorable Mayor, City Council, and City Manager ' Continued expansion of recreation and Senior Center programs available for community education, leisure enrichment, and health; ' Implemented special enforcement programs for improved public safety and neighborhood security; Construction of the City's third fire station and participated in emergency management training; Negotiated development agreements to provide for quality housing in several projects, including very low and low income seniors and low and moderate income family households; Continued implementation of the community Emergency Notification System, and improved the City's Emergency preparedness resources. ' Future developments ' Future developments include: continued commercial development along the Highway I II corridor and residential growth in the southern part of the City, redevelopment financed property development on Avenue 48, Eisenhower Street and Calle Tampico. The City has budgeted funds to widen Highway 111 to its ultimate width ' in anticipation of the increased commercial activity along the corridor. Construction of the Library is in the pre -construction stage and will be completed in 2005. The City will ' continue coordination with commercial development, ensuring quality enhancements in both new and existing projects, and continue development of resort, hotel and destination tourist opportunities. Financial Information GASB 34 requires a separate "matter of fact" discussion of the City's financial condition that can be found in the ' required supplementary information section entitled "Management Discussion and Analysis (MDA)". The operating results for the City of La Quinta for FY 2003l04 were very good and our financial condition is the ' strongest since incorporation. The City will be faced with future funding challenges that will require a dedicated effort to fulfill our economic development plan to garner new and additional revenues. Management believes that the following items will impact future budgets of the City of La Quinta that will have to be addressed with future revenues or the use of our reserves: ' The need for additional police services — As the population grows the City will be faced with the need to add additional public safety officers. t The need for additional fire services —'Coupled with the growth in population and the desire by fire professionals to have three and four person crews, the City will need to address the need for additional fire service resources. ' The need to fund additional landscaping costs — As a result of Proposition 218, the City has been limited on the use of City -Wide Lighting and Landscape Assessment District funding for the maintenance oflandscaping in the City. The City has continued to add landscaped street medians and developed park facilities that will require ' additional funds for maintenance. The need to pay for the operations of additional public facilities — In the five year Capital Improvement Plan the City has plans to build a municipal library and expand City Hall. Honorable Mayor, City Council, and City Manager The following paragraphs outline several of the major polices of the City and attempt to supplement, not supplant, the MD&A which can be found later in this report Management of the City of La Quints is responsible for establishing and maintaining a framework of internal controls designed to ensure that assets of the City are protected from loss, theft, or misuse and to ensure that adequate accounting data are compiled to allow for the preparation of financial statements in conformity with generally accepted accounting principles. The framework of internal controls is designed to provide reasonable, but not absolute assurance that these objectives are met. The concept of reasonable assurance recognizes that: (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. Accounting Controls - The City of La Quinta's accounting system is designed upon the following principles: In the public sector, a city government maintains a variety of "funds" that provide the basis for separately recording the financial data related to a specific activity. A fund is an accounting entity with a complete set of self -balancing accounting records. Each fund has been established because of some restriction on the use ofthe resources received by that fiord. In the private sector, a corporation may have many subsidiaries that make up the parent corporation. Likewise in the public sector, all of the funds make up the complete financial resources of the Cityof La Quinta. This report includes the transactions of all entities over which the City Council of the City of La Quinta has authority (as defined by the Governmental Accounting Standards Board). The City's accounting system operates on a modified accrual basis of accounting for all governmental and agency; type funds. Governmental funds include the General, Special Revenue, Debt Service, and Capital Projects Funds. Under the modified accrual basis of accounting, revenues arerecorded when received in cash or accrued when they are both measurable and collectible within the accounting period or soon enough after the end of the period to pay liabilities of the period. Expenditures, other than interest or long tern debt, are recorded when liabilities are incurred. At year end, the Cityhas prepared the required entries necessary to report the City financial position and activities on an accrual basis of accounting which recognizes revenues when earned and expenses when incurred. The City maintains two Internal Service Funds and no Enterprise Funds. These types of funds use the accrual basis of accounting. Revenues are recorded when earned and expenses when incurred. In addition to maintaining funds to record accounting transactions, internal controls exist within the accounting system to ensure the safety ofassets from misappropriation, unauthorized use or disposition, and to maintain the accuracy of financial record keeping. These internal controls must be established consistent with sound management practices based upon the cost/benefit of the controls imposed. The cost of a control should not be excessive to its derived benefit as viewed by City management. The internal controls in existence at the City of La Quinta are sufficient to ensure, in all material respects, both the safety of the City's assets and the accuracy of the financial record keeping system The City began implementation of new integrated financial accounting software, to improve reporting capabilities and enhance internal controls in all areas of financial records. ' Honorable Mayor, City Council, and City Manager ' Budgetary Controls - The City Manager submits a preliminary budget to the City Council before each fiscal year. A public meeting is then held prior to July 1 to receive public comment. A budget is required to be adopted before the beginning of the fiscal year. Amendments to the budget or budget transfers between funds require Council approval. Budget transfers within funds require City Manager approval. The City also maintains an encumbrance system as one budget technique. All fiscal year end appropriations and encumbrances lapse at year ' end unless specifically approved by the Council for inclusion in the following year's appropriations. Each Department receives a monthly budget -to -actual expenditure report. In addition, each department can ' access on-line budgetary data from the financial information system available throughout the City-wide computer network. ' The City Council is also given an Executive level Summary of Revenues and Expenditures on a monthly basis. Gann Limit - Appronriations Subject to the Limit - In 1979, Proposition 4, the "Gann" initiative, was passed by ' the voters of California. The purpose of this law was to limit government spending byputting a capon the total proceeds of taxes that may be appropriated each year. This limit is increased each year through a formula that takes into consideration changes in the Consumer Price Index and state per -capita income. If a cityreaches this ' limit, excess tax revenue must be returned to the State or citizens through a process of refunds, rebates, or other means that may be defined at that time. The Gann Limit for the City of La Quints, has increased steadily since 1979 and still provides the City with a comfortable operating margin. ' Risk Management - The California Joint Powers Insurance Authority (CJPIA) was formed in 1997 under a joint exercise of powers agreement between local governments for the purpose of jointly funding programs of ' insurance under Section 990 of the California Government Code. The Authority is governed by a Board of Directors, which is composed of one director from each member organization which maintains membership in the Liability program. The City of La Quinta joined the CJPIA in order to achieve long-term premium stability. Each member city must remain in the pool for three years. Each year, the self -insured pool undergoes a ' retrospective deposit computation based on current incurred loss valuations. Appropriate adjustments are then made over a three-year period. The likelihood of the need for excess premiums is remote given the claims history of the cities involved and the length of time necessary to settle large claims. Generally, individual claims ' in excess of the self -insured amount for workers compensation and general liability fall under the insurance policies purchased by the City. The CJPIA provides for liability insurance coverage with a maximum of $50,000,000 per claim. All reserves are invested and earnings are credited to members in proportion to their ' equity. At present, the CJPIA has invested reserves in excess of $100,000,000. City Retirement Costs -The City is a member of the California Public Employers Retirement System (PERS). Employer contribution rates are reviewed and adjusted annually to achieve full funding for retirement benefits by the year 2011. Cash Management - The City Council annually adopts an investment policy that is intended to provide the highest investment return with the maximum security while meeting the daily cash flow demands ofthe City and conforming to all state and local statutes governing the investment of public funds. At all times there was compliance with the City's investment policy, and safety and liquidity objectives were placed above rates of return considerations in making deposits and investments. 1 . ix Honorable Mayor, City Council, and City Manager Certificate of Award for Outstanding Financial Renordng The California Society of Municipal Finance Officers (CSMFO) and the Government Financial Officers Association (GFOA) both present an annual Certificate of Award for Outstanding Financial Reporting. We believe that our current report conforms to their program requirements and we are submitting this report to their organizations for consideration. Ifreceived, the Certificates are valid for one year only. The City has received the GFOA and CSMFO awards in prior years and hope to continue to receive these awards. Acknowledgments This report could not have been accomplished without the dedicated services of the Finance Department staff. Recognition is given to Vianka Orrantia, Secretary for her report preparation skills, to Sharon Christensen, Misaela Mendoza, Diane Martin and Pat Parker for their diligence in processing most of the transactions reported upon in the financial section of this report, and to Mason Lord for his diligence in maintaining the information system. Again, we also appreciate the City Manager and City Council for providing the resources necessary to prepare this report and for their role in preserving the City's frame work of internal controls and again wish to express our appreciate for the efforts of the Conrad & Associates, CPA's audit team, for their professionalism in conducting the annual audit for the City of La Quints. Respectfully submitted, John M. Falconer Finance Director and Treasurer x City of La Quinta Directory of Officials June 30, 2004 CITY COUNCIL Don Adolph, Mayor ' Stanley Sniff, Mayor Pro Tern Terry Henderson, Council Member ' Lee Osborne, Council Member Ronald Perkins, Council Member 1 ' ADMINISTRATION Thomas P. Genovese, City Manager ' Mark Weiss, Assistant City Manager John M. Falconer, Finance Director ' Tom Hartung, Building & Safety Director Jerry Herman, Community Development Director Kathy Jenson, City Attorney Services Director Dodie Horvitz, Community June Greek, City Clerk ' Tim Jonasson, Public Works Director/City Engineer U 1 xi xii A I 1 r� t t y a §k @/ tf © .§ Q CY g e � 2 0 � .Q )!�k! !,!»! §|y�� Jf\\ƒ .tA {]\}{ . |222; k)%)k ;-|-, )kag% }}i\ 7 xiv I I 1 CONRAD AtND ASSOCIATES, L.L.P. The Honorable Mayor and City Council City of La Quinta La Quinta, California Independent Auditors' Report CERTIFIED PUBLIC ACCOUNTANTS 2301 DUPONT DRIVE, SUITE 200 IRVINE, CALIFORNIA 92612 (949)474-2020 Fax (949) 263-5520 ' We have audited the accompanying financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the City of La Quinta, California as of and for the year ended June 30, 2004, which collectively comprise of the City's basic financial statements, as listed in the accompanying table of contents. These financial statements are the responsibility of the management of the City of La Quinta, California. Our responsibility is to express an opinion on these financial statements based on our audit. ' We conducted our audit in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and e significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, ' the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the City of La Quinta, California, as of June 30, 2004, and the respective changes in financial position and cash flows, where applicable, of the City of ' La Quinta, California and the respective budgetary comparison information for the general fund and major special revenue funds of the City for the year then ended in conformity with accounting principles generally accepted in the United States of America. ' The information identified in the accompanying table of contents as management's discussion and analysis and required supplementary information is not a required part of the basic financial statements but is supplementary information required by the Governmental Accounting ' Standards Board. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the supplementary information. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming an opinion on the financial statements that collectively comprise the City of La Quinta's basic financial statements. The introductory section ' combining and individual nonmajor fund financial statements and statistical schedules listed in the table of contents are presented for purposes of additional analysis and are not a required part of the basic financial statements. The combining and individual nonmajor fund financial statements have been subjected to the auditing procedures applied in the audit of the basic financial statements, and in our opinion, are fairly stated in all material respects in relation to the basic financial statements taken as a whole. The introductory section and statistical tables have not been subjected to the auditing procedures applied in the audit of the basic financial ' statements and, accordingly, we express no opinion on them. MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION The Honorable Mayor and City Council City of La Quinta La Quinta, California In accordance with Government Auditing Standards, we have also issued a report dated August 20, 2004 on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts and grants. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. August 20, 2004 I Management Discussion and Analysis The Management Discussion and Analysis (MDA) is intended to provide the reader of the ' statements with a concise analysis of the financial results and financial position of the City of La Quinta. ' The New Reporting Model ' As mentioned in the prior year MDA, the impact of the new reporting model on the financial statements constitutes the biggest change in the way governmental activities have previously been reported. We have to return to the original "blue book" in the mid 1980's to recall such a major ' change in the accounting and reporting of governmental activities. Overall, we believe that from a financial reporting standpoint, the preparation of this document continues to be one of the most challenging for the governmental accounting profession. As will be discussed later in detail, most ' discussion on the new reporting model has focused on infrastructure reporting. This year a major effort was needed to update the infrastructure reporting for additions and deletions during the year. ' Two new statements have been presented entitled the Statement of Net Assets and Statement of Activities. The purpose of the Statement of Net Assets is to report on the financial and capital ' resources for all governmental funds in a single statement. The purpose of the Statement of Activities is to report on the activity of the government's operations and is presented in a format that reports the net (expense)/revenue of its various functions. In addition, the Governmental Funds Balance Sheet and Statement of Revenues, Expenditures and Changes in Fund Balances have been classified into major and non -major funds. These major and ' non -major funds are determined based upon criteria set forth by the GASB. The GASB believed that this major and non -major classification allows the reader to review the significant funds in one report rather than have the reader determine what is a major fund and what is non -major. Executive Summary ' As was the case last year, the overall financial results of the City of La Quinta for FY 2003/04 were very good and our financial condition is the strongest since incorporation. Our financial results were stronger than the prior year despite lower interest income and higher costs and the City was generally able to see increases in its reserves. Offsetting our lower interest income and higher costs were increases in transient occupancy, sales tax collections, and permits and fees. In addition, with our higher population, we were able to collect more in State subventions; however, as mentioned earlier, the City incurred higher costs for servicing the larger population. As a fast growing municipality, the City of La Quinta has been able to add to its general reserves. ' The future challenge will be to ensure that these reserves and the on -going taxes and fees will meet the demands for public services that a community at build -out will require. Background In this MDA section, the Finance Director departs from the past, which required a "just present the reader with the facts" approach and enters into the future with a requirement to "tell it like it is". The analysis also is required to convey the financial results with an element of subjectivity. This subjectivity is based upon the Finance Director's knowledge of the City's "business cycle" and the possible economic factors that may impact the City. The Government Accounting Standards Board is the rule making body that promulgates or sets the accounting rules. This rule making body is slowly but surely moving toward a standard of accounting based upon the full accrual basis of accounting, which is required for for -profit companies. To accomplish this move toward a full accrual basis of accounting, many of the government accounting software providers are incorporating features that will generate two separate sets of statements. One set is produced on the modified accrual basis of accounting and the other on the full accrual basis of accounting. The intent of this software is to capture the data throughout the year necessary to push a button at the end of the year and print out a statement based upon the modified accrual basis of accounting and another statement based upon the full accrual basis of accounting. The City accounting system is based upon the modified basis of accounting throughout the year. Once a year, at year-end, the City prepares memo entries to convert the modified basis of accounting throughout the year to the full accrual basis of accounting. This conversion is prepared on a spreadsheet program and is given to our outside auditors. No formal entries are entered into the accounting system to convert to the accrual basis of accounting. Management believes this less formal conversion process is simpler, more flexible and less costly for the City of La Quinta. You may be asking yourself how significant is the change in the two reporting methods? The following table summarizes the differences for FY 03/04: Description Modified Accrual Accrual Change Assets 330,178,668 605,173,755 274,995,087 Liabilities 150,209,978 266,528,961 116,318,983 Revenues 88,623,817 63,710,468 (24,913,349) Expenditures 110,757,923 39,212,009 (71,545,914) Fund Balance/Net Assets 179,968,690 339,644,794 158,676,104 Revenues over (under) expenditures 74,310,894 24,498,459 (49,812,435) It is apparent that the change in accounting methods dramatically changes the way the reader of the financial statements interprets the financial condition and operations of the City. Management will attempt to present the reader with an analysis that is simpler to understand and draws distinctions between the two accounting methods where possible. The GASB requires that governmental agencies provide two years worth of financial information so that the reader will be able to draw comparisons on the results of operations and the financial position from year to year. C Assets ' The following chart lists a condensed Statement of Net Assets for the fiscal year ending June 30, 2004 and 2003. Total net assets increased $24.5 million from the previous year. tCITY OF LA QUINTA Statement of Net Assets ' Governmental Governmental Governmental Activities Activities Activities ' 2004 2003 Changes ' Current and other assets Capital assets 206,488,111 398,685,644 129,398,242 359,245,168 77,089,869 39,440,476 Total assets 605,173,755 488,643,410 116,530,345 Current and other liabilities Long term liabilities 17,224,823 249,304,138 14,609,508 159,887,567 2,615,315 89,416,571 Total liabilities 266,528,961 174,497,075 92,031,886 Net assets ' Investment in capital assets, net of related debt 249,059,500 225,818,022 23,241,478 Restricted 44,415,966 40,038,313 4,377,653 Unrestricted 45,169,328 48,290,000 (3,120,672) ' Total net assets 338,644,794 314,146,335 24,498,459 ' Employees One major asset of the City of La Quinta is its employees. While not quantified on the books, the City has 78 authorized full time equivalent positions to provide the services required by the ' community. Cash and Investments 1 The City of La Quinta has cash and investments on hand to meet both immediate and long-term needs. The City Finance Director serves as the Treasurer and is appointed by the City Manager. ' The City has a five member Investment Advisory Board. It is appointed by the City Council and meets monthly to review the Treasurer's Report and provide valuable assistance to the Treasurer on current trends and topics in this area, as well as annually reviewing the Investment Policy. ' The City has a conservative investment policy, which is more restrictive than the policy limitations set forth in 53601 of the Government Code of the State of California. The Treasurer is ' required to prepare a monthly Treasurer's Report that certifies that he/she believes that the City has, to the best of its ability, the cash to meet its obligations for the next six months. During FY 03/04, the City has met this six-month liquidity requirement. In addition, the City has a two-year (730-day) limitation on the maximum maturity of our investments and has a buy/hold investment strategy, which does not promote actively selling securities before their maturity, except for ' liquidity purposes. During FY 03/04, the City did not sell an investment before maturity. Therefore, the financial ' statements do not report any gains or losses on investments. The following table lists the earnings rates and average maturity of the portfolio: Summary of FY 03/04 Interest Rates/Eamings Month 6 Month Benchmark (%) Average Maturity Days Pool Interest Rate (%) Fiscal Agent Interest Rate (%) Total Rate All Earnings (%) July 2003 0.98% 131 1.66% 0.52% 1.43% August 1.06% 110 1.65% 0.45% 1.35% September 1.01% 80 1.65% 0.49% 1.26% October 1.04% 121 - 1.59% 0.48% 1.36% November 1.03% 98 1.64% 0.48% 1.38% December 0.99% 117 1.67% 0.57% 1.41% January 2004 1.00% 140 1.58% 0.30% 1.37% February 1.01% 120 1.65% 0.30% 1.38% March 1.01% 155 1.50% 0.50% 1.33% April 1.19% 137 1.50% 0.50% 1.33% May 1.38% 137 1.54% 0.50% 1.36% June 2004 1 1.73% 1 234 1 1.69% 1 0.47% 1 1.62% Average FY 03/04 1 1.12% 1 132 1 1.61% 1 0.46% 1 1.38% Average FY 02/03 1 1.29% 1 125 1 2.10% 1 0.75% 1 1.73% Ending Cash balances Interest Earnings June 2004 June 2003 $187,392,966 $113,060,020 $1,738,505 $1,353,869 During FY 03/04, interest rates dropped throughout the year across the yield curve. The Treasurer exceeded the benchmark 6 month Treasury Bill rate in 10 of the 12 twelve months and overall for the year by an average of 26 basis points. Interest earned on all funds totaled $1.7 million for FY 03/04 versus $1.4 million for FY 02/03 and the total portfolio at June 30, 2004 was $187.4 million versus $113.0 million for the previous year. Receivables/Advances to Other Funds The City of La Quinta does not have large receivable balances. We do not have any enterprise activities such as a water or sewer department, which typically generate receivable balances. One of the interesting impacts of GASB 34 is the accounting for advances to and from other funds which will be discussed in greater depth under the Advances from other funds section of the MDA. The City has advanced funds to the City Redevelopment Agency to promote economic activities within its boundary areas. The advances have no specified due date and accrue interest between 7 and 10% per year. The intent is to repay these advances with interest before the expiration of the Redevelopment Project Area Plan in approximately thirty years. In addition, an outstanding advance from the Redevelopment Agency to the Park and Recreation Development Impact Fee Fund has been made to accelerate Park development. The total outstanding balances between the General Fund and the Redevelopment Agency as of June 30, 2004 and 2003 are $28,671,083 and $21,081,322, respectively. The major increase included a $5.8 million advance to fund purchase of a portion of property at Dune Palms and Highway 111. The total outstanding balances between the Redevelopment Agency and the Park & Recreation Capital Fund as of June 30, 2004 and 2003 are $4,075,463 and $4,921,720, respectively. The decrease included repayment of the advance used for the construction of the La Quinta Park from available Park and Recreation funds. In FY 03/04 the Redevelopment Agency advanced funds for the construction ' of a third fire station on Adams St. The total outstanding balance between the Redevelopment ' Agency and the Fire Facility Capital Fund as of June 30, 2004 is $1,260,695. Under GASB 34 these advances to and from other funds have been eliminated from the Statement of Net Assets. ' Capital Assets The most debated topic of the new reporting model is the recording of fixed assets including the City infrastructure assets and accumulated depreciation. In some respects the years following the first year of implementing GASB 34 were harder than the first year. In the first year the City relied on a professional study to value the infrastructure. During FY 03/04, the City continued to track the addition and deletion of fixed assets. These additions and deletions took the form of developer contributions, and completed Capital Improvement Projects. The primary purpose of including infrastructure assets in the financial statements is to report the total amount of improvements and the amount that these assets have been depreciated. At year-end, General Fixed Assets were 25% depreciated at year end compared to 33% in the previous year, Internal Service assets were 57% depreciated compared to 61 % last year and infrastructure improvements ' were 56% depreciated compared to 61% in the prior year. The lower depreciation percentage is indicative of the change in the capitalization minimum amount being raised from $500 to $5,000 to be in conformity with General Accounting Standards Board recommendations. This increase in ' the capitalization policy generally resulted in the removal of fully depreciated assets. The City has two internal service funds — equipment replacement and information technology. ' The Equipment Replacement Fund is for the replacement of vehicles, and major capital items such as the roofs and air conditioners in the City Hall and Senior Center. The Information Technology fund is for the replacement of computers and related equipment and to charge departments for their fair share of computer related services. In addition to the general fixed assets, such as buildings, parks, computers and internal service assets, the City has included its infrastructure assets in the Statement of Net Assets. Infrastructure assets included in the ' Statement of Net Assets were City maintained streets, street medians, curb and gutter, traffic signals, sidewalks, bridges, artwork, sound walls, bike paths, storm drains and retention basins. Infrastructure assets not included in the Statement of Net Assets were the construction costs of ' State Highway I11, private streets — generally behind gates, and public water, sewer, electricity, gas and cable utilities maintained by others. Infrastructure assets, except for land, have been depreciated to reflect a net infrastructure amount. In addition to the fixed assets and infrastructure ' assets, capital assets also include construction in progress. Under the modified accrual basis of accounting, the costs of these construction projects have previously been expenditures and not reported in the Statement of Net Assets. Under the new reporting model, these costs have been reported in the Statement of Assets. Projects still in progress at year-end included the third fire station, SilverRock Resort, Assessment District 2000-1 improvements including the Village, the Civic Center Project and the Vista Dunes Mobile Home Park project. The following chart details ' the fixed assets, infrastructure assets, and construction in progress as of the end of the fiscal year: 7 CITY OF LA QUINTA Fixed Assets and Construction in Progress 2004 Accumulated Depreciated Type Life Total Depreciation Remaining Percent ears Fixed Assets Land N/A 73,505,659 N/A $73,505,659 25.28% General Fixed Assets 5-30 24,912,497 6,297,306 18,615,191 56.78% Internal Service Fixed Assets 3-15 2,572 807 1,460,883 1,111,924 100,990,963 7,758,189 93,232,774 Total Fixed Assets Infrastructure Assets Right of Way (ROW) N/A 234,280,023 N/A 234,280,023 Art in Public Places N/A 1,640,039 N/A 1,640,039 235,920,062 N/A 235,920,062 Subtotal Street Pavement 20-25 54,287,943 38,725,874 15,561,969 Curbs/Gutters 50 7,481,027 2,831,381 4,649,646 Sidewalks 20 6,173,436 4,641,537 1,531,899 Median 50 7,863,019 1,687,903 6,175,116 Parking Medians. 50 720,462 7,205 713,257 Bridges 35 10,152,665 2,362,856 7,789,809 Traffic Signals 20 4,543,605 1,640,556 2,903,049 Bike Paths 20 642,304 296,145 346,159 Sound Wall 20 189,394 17,720 171,674 Retention Basin 10 957,019 876,503 80,516 Storm Drains 50 2,028,035 1 351,144 1,676,891 95,038,809 1 53,438 824 41,599,985 56.23% Subtotal Total Infrastructure Assets $330,958,871 $53,438,824 $277,520 047 Construction in Progress 27,932,823 Total Capital Assets, net $398,685,644 Liabilities The City of La Quinta has incurred both short and long term debt. Most readers are familiar with accounts payable, accrued salary, payroll taxes and developer deposits, while others may be familiar with advances from other funds and bonds payable. The City of La Quinta is current in meeting its short and long-term commitments and there is no known violation of any bond indenture covenant. In addition, all bonds have been insured and carry a "AAA' rating by a major rating agency. During the fiscal year, the City did not issue new debt; however, the Redevelopment Agency issued $26.4 million in taxable tax increment financing to be used toward the SilverRock project and the Financing Authority issued $90 million debt for housing purposes. Of the $90 million debt issue, approximately $20 million was used to retire the outstanding 1995 Redevelopment Agency Housing bonds and the balance net of issue costs used for future housing projects. The Financing Authority bond issue was completed in the last week of June 2004 which is the primary reason for the increase in cash balances at year end. At the RDA's request, they asked Standard and Poors to rate Project Area 1 on a stand-alone basis, which is without bond ' insurance, and are pleased that we have maintained our "A" rating. Similar stand-alone ratings for the City of La Quinta, RDA Project Area 2 and the Financing Authority are not available. ' Advances From Other Fund The General Fund has advanced funds to both the Redevelopment Project Area I and 2 Debt Service Funds. The City created the La Quinta Redevelopment Agency (RDA) and its two ' project areas in accordance with State law to promote economic activities, remove blight and provide low and moderate housing to its residents using property taxes generated in each of the Project Areas. The Redevelopment Areas were created to keep property tax revenues generated ' in its boundaries for projects in the project areas and to be able to accelerate projects by issuing bonds and incurring other debt. Examples of the projects funded to date include flood control projects at the top of the Cove, and resurfacing of street, curb, and gutter in the Cove and ' Westward Ho areas. These types of projects could not have been accomplished without the use of advances and bonds. As of June 30, 2004 and 2003, the City of La Quinta has advanced the RDA ' Project Debt Service Area 1 $12,335,283 and $11,503,322, respectively and Debt Service Project Area 2 $16,335,800 and $9,578,000, respectively. The advances carry an interest rate of between 7-10% with no specified repayment date. ' the Since the RDA Board is comprised of the City Council, GASB requires that the activities of RDA be included with the activities of the City. In the past these advances were recorded in the ' General Long Term Debt Group of Accounts. Under the new reporting model these advances have been recorded as liabilities in the individual fund statements. As a result of this accounting change, the Debt Service Area 2 fund has a negative fund balance of $ (11,104,297) as of June 30, 2004 compared to a fund deficit as of June 30, 2003 of $ (6,182,506). As mentioned previously the General Fund advanced the Agency $5.8 million to purchase a piece of property at Dune Palms Road and Highway 111. This advance agreement requires the repayment of the advance ' from available proceed, if the property is sold at a future date. While it is preferable to have funds with positive balances, it should be noted that this negative balance was a result of the City advances. The outstanding advances have no specified re -payment date and it is not the intent of ' Management to request repayment of the advance in the near future. Rather, Management will seek future repayments from the debt service funds when fund balances are available, which would be sometime before the project areas expire — in approximately 30 years. The La Quinta Redevelopment Agency has advanced funds to the Capital Project — Park and Recreation Fund to construct the Civic Center Campus and the La Quints Park. The advances ' were made to accelerate the construction of these facilities which would have not been constructed to meet the growing needs of the community. During FY 03/04, the original advance of $1.1 million advance for the construction of the La Quinta Park from RDA Project Area 2 was ' repaid. The advances carry an interest rate that fluctuates with the average earnings of the investment pool and were $4,075,463 for FY 03/04 and $4,921,720 for FY 02/03. This advance ' has no specified re -payment date. The La Quints Redevelopment Agency has advanced funds to the Capital Project — Fire Facilities Fund to construct the third fire station on Adams Street. The advances were made to accelerate ' the construction of this facility which would have not been constructed to meet the growing needs of the community. The advances carry an interest rate that fluctuates with the average earnings of ' the investment pool and were $1,260,695 for FY 03/04. This advance has no specified re -payment ' 9 date. Under GASB 34 these advances to and from other funds have been eliminated from the Statement of Net Assets. Long Term Liabilities Long term liabilities consist of notes, bonds and pass -through agreements that have been separated into the amount due in the next year and the amount due beyond. In order to accelerate capital or housing projects, the City and RDA have issued bonds. These bonds have also been insured to take advantage of lower debt service costs and provide the investor with an added comfort level. In addition, as with a home mortgage, we have refunded several of our bond issues to take advantage of lower interest rates, which in turn has resulted in lower debt service costs. As previously discussed the RDA issued $26.4 million in bonds during FY 03/04 and the Financing Authority issued $90 million of housing bonds, however, no bonds were issued in FY 02/03. The Statement of Net Assets has a long-term liability amount due within one year of $5,016,762 and an amount due in more than one year of $249,304,138 for FY 03/04, as compared to $4,021,110 due within one year and $159,887,567 from FY 02/03. NET ASSETS AND INTERNAL SERVICE FUNDS The objective of the Statement of Net Assets is to provide a consolidated summary of the City's assets, liabilities and net assets that reflects the City's fiscal worth and liquidity as a whole. Over time the increases or decreases in total net assets will reflect the health of the City. In order to report the unrestricted net assets of the City, the City must subtract from its assets related liabilities, net investments in capital assets and restricted net assets. Under the new reporting model, the total unrestricted net assets of the City of La Quinta, RDA and Financing Authority is $45,169,328 as reported in the Statement of Net Assets. This is a decrease of $3,120,672 from last year. As in the past, Management has elected, as detailed in the basic financial statements, to further restrict and designate general fund balances that have not been reflected in the new Statement of Net Assets. Management believes that these restrictions and designations reflect the Council's desire to set aside funds to meet the requirements of a growing City and to be available for future projects. The total equity and other credits of the City is $338,644,794 of which $249,059,500 consists of capital assets, net of the related debt that was used in acquisition. $44,415,966 consists of restrictions placed upon special revenue, capital projects, and debt service funds leaving total unrestricted net assets of $45,169,328. The City has two internal service funds — Equipment Replacement and Information Technology Funds that primarily receive its revenues from charges for services from other City departments. Under the new reporting model, the assets and liabilities of these internal service funds have been included in the Statement of Net Assets. ACTIVITIES The objective of the Statement of Activities is to report the full cost of providing government services for that year. The format also permits the reader to ascertain the extent to which each function is either self-financing or draws from the general funds of the government. 10 ' The following chart lists a condensed version of the Changes in Net Assets for the fiscal years 1 ending June 30, 2004 and 2003. ' CITY OF LA QUINTA Changes in Net Assets ' 2004 2003 Change Revenues ' Program revenues Charges for services $ 7,071,404 5,627,924 1,443,480 Operating grants and 1,799,503 1,797,031 2,472 contributions Capital grants 12,090,143 5,160,405 6,929,738 General revenues Taxes 37,913,150 32,764,817 5,148,333 ' Investment income 1,738,505 1,353,868 384,637 Motor Vehicle in lieu 1,608,151 1,768,091 (159,940) Gain (loss) on sale of ' capital assets Other 1,489,612 513,876 975,736 Total revenues 63,710,468 48,986,012 14,724,456 ' Expenses General government 4,319,778 3,203,462 1,116,316 Public safety 10,256,463 8,547,005 1,709,458 ' Community services 1,446,999 1,321,825 125,174 Planning and development 7,526,977 19,083,860 (11,556,883) Public works 6,003,013 6,785,759 (782,746) Interest 9,658,779 8,555,401 1,103,378 ' Total expenses 39,212,009 47,497,312 (8,285,303) Excess (deficiency) $ 24,498,459 1,488,700 23,009,759 ' Net assets - 6/30/2002 312,657,635 ' Net assets - 6/30/2003 314,146,335 314,146,335 Net assets - 6/30/2004 $ 338,644,794 1 ' 11 The following graph depicts the revenue by source for governmental activities for FY 03/04 which totaled $65,644,292. The Statement of Activities starts with functional expenses, subtracts out functional revenues to arrive at a net number for each function, and then subtracts out all general revenues to arrive at the net change in net assets for the reporting period. The following graph depicts the expenses and program revenues for governmental activities for FY 03/04: Expenses and Program Revenues - Governmental Activities ah 14,000,000 -- - ---- 12,000,000 0 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 ei t � ma IT m N m C O o m o tl N m N w ExpendiZe tures ® Program revenues 12 The functional revenue for FY 03/04 was $65,644,292 versus $48,986,012 for FY 02/03. The increase can be attributed to an increase in capital grants from the prior year related to construction projects, increased property taxes and one time charges for services. The functional expenses for FY 03/04 were $41,145,833 versus $47,497,312 for FY 02/03. There was an overall decrease which was attributable to less Community and Development expenditures. In FY 02/03, the RDA made a large investment in the Miraflores Housing and Senior Apartment Projects. Increases can be attributed to greater debt service, and public safety expenses. The debt service increases are a result of a full year of the FY O1/02 bond issues debt service being due and the new $26.4 bond issue resulted in higher debt service payments. The public safety increases are a result of higher police service levels/costs and fire service levels/costs. The net excess increased $25,009,759 from FY 02/03 as a result of higher revenues and lower expenses from the prior year. As mentioned earlier, this net increase of $24,498,459 reported in the Statement of Activities compares to a net increase of $74,310,894 under the modified accrual basis of accounting. The primary reason for the differences between the two amounts is the net increase in the capitalization of $23.2 million in infrastructure improvements. REVENUES General Fund Revenues For the second year in a row, Transient Occupancy Taxes have returned to the FY 00/01 levels and were just over $4 million, while sales taxes increased from $4.3 million in FY 02/03 to $5.2 million in FY 03/04. The City has been seen by homebuilders and by homebuyers as a suitable place to build and live. Homebuilders have seen La Quinta as a place to build homes because of the availability of land and labor which has resulted in greater than budgeted development fees and charges for services. Homebuyers have seen La Quinta as a place to buy because of lower interest rates and good home values which has resulted in greater property taxes, sales taxes and motor vehicle registration taxes. As a result of the increased population, and because of available land along the Highway 111 corridor, the City is experiencing retail growth that has added sales taxes to the City. It should be noted that the area north of Highway I I I has been fully developed with new home development generally occurring in the central and recently annexed southern portions of the City. The City is home to a world class destination resort which continues to generate transient occupancy taxes. Compared to last year, taxes increased by $1.6 million, with increases in property taxes, sales taxes, transient occupancy taxes, franchise taxes, document transfer taxes. Licenses and permits increased $1.1 million from FY 02/03 due to the strong building demand, intergovernmental revenues increased $500,000 through greater fire service protection draws, investment income increased $440,000 to $2.3 million based upon higher invested cash balances and higher outstanding advances from the RDA, despite slightly lower interest rates. The General Fund investment income is greater than the Statement of Activities investment income due to the interest earned on the RDA advances, which is eliminated when preparing the Statement of Activities. With this as background, the following chart and graph reflects the major revenue categories of the General Fund for the last two years: 13 Revenues: Original Budget Final Budget 2004 Actual(Unfavorable) Favorable/ 2003 Actual Actual Change Taxes $ 10,721,600 10,721,600 13,184,050 2,462,450 11,572,995 1,611,065 Licenses and permits 857,500 1,087,500 3,096,145 2,008,645 1,982,127 1,114,018 Charges for services 1,404,023 1,080,123 2,619,578 1,539,455 2,302,759 316,819 Intergovernmental 4,073,400 4,679,563 4,895,986 216,423 4,394,046 501,940 Investment income 1,468,800 2,417,882 2,335,154 (82,728) 1,894,303 440,851 Miscellaneous 3 000 ]09 388 109 388 87 236 22.1 Total revenues $ 18 528 323 19 986 668 26 240 301 6 253 633 22 233 456 4 006 845 Other Revenues The Statement of Activities lists FY 03/04 tax increment funds collected of $24,450,337 versus $21,191,832 in FY 02/03. As previously discussed, these funds are used for repayment of RDA debt and low and moderate housing. This year the two RDA Project Areas (1 and 2) property tax valuations have increased an average of 17% based upon new growth and higher County Tax Assessor's assessments on existing properties. In addition, far fewer assessment appeals at the County Assessor's office are outstanding. EXPENSES The Statement of Activities lists $39,212,009 in expenses for FY 03/04 as compared to $47,497,312 for the prior year. Of this amount the three largest categories are $7.5 million (19.1 million in FY 02/03) in Planning and Development which includes the RDA, $9.6 million (8.5 million in FY 02/03) in interest debt service costs for outstanding debt, and $10.3 million (8.5 million in FY 02/03) in Public Safety, which includes the costs of the County of Riverside Sheriffs and Fire contracts. The City contracts with the California Department of Forestry through the County of Riverside for fire services and with a private vendor for library services. Through an agreement with the County of Riverside, $1.2 million in library services ($1 million in FY 02/03) was withheld from our property tax increment payments and not remitted to the City. The Statement of Activities includes fire protection service costs this year of $2.25 million (offset by a like amount of intergovernmental revenue from tax increment payments). The City has entered into an agreement with the County of Riverside to annually set forth the level of service for fire services. Any service level over the amount of tax increment generated from the RDA would require additional payments to the County. General Fund Expenses The following table lists the $18,444,035 in general fund expenditures included in the Statement of Activities. Expenditures Original Budget Final Bud et 2004 Actual Favorable/ Unfavorable 2003 Actual Actual Chan e General government $ 4,007,684 4,458,685 3,892,220 566,465 3,140,576 751,644 Public safety 9,634,963 10,115,723 9,672,180 443,543 8,202,408 1,469,772 Community services 999,142 1,212,929 1,025,397 187,532 991,558 33,839 Planning and development 863,937 1,301,781 750,444 551,337 674,450 75,994 Public works 2 946 113 4 263 491 3 103 794 1,159,697 2.311.436. 792.358 Total expenditures $ 18 451 839 21 352 609 18 444 035 2 908 574 I5 320 428 3 l2.3 607 14 ' The major increases in the original and final budget for public safety consisted of increases in the ' plan check services for the Building Division to deal with the increased building activity in the City of La Quinta. The major increase between the original and final budget in public works budgets consisted of increases in plan check contracts to service new developments and additional ' slurry seal projects for road repair. The major increase in the original and final budget for general government consisted of additional legal costs. Major increases in actual costs for FY 03/04 can be attributed to added police positions and salaries, additional fire service personnel and costs, additional building inspection contract services, additional building plan check contract services, and additional engineering plan check contract services. Maior and Non-Maior_ Funds The City has identified seven major funds for FY 03/04 — General Fund, Debt Service RDA No.I Fund, Debt Service RDA No.2 Fund, Financing Authority Debt Service Fund, Capital Projects ' Fund, RDA No.1 Capital Projects Fund and the 2004 Low & Moderate Bond Fund. GASB has set forth criteria for identifying major funds based upon the size of their balance statements or financial activity during the year. Major funds can change from year to year except for the t General Fund, which is always considered a major fund. In addition, management is given the latitude to identify any additional major funds, even though the funds may not meet the GASB criteria. For this year, the City of La Quinta has not identified a non -major fund to classify as a ' major fund. The purpose of this major and non -major classification is to highlight for the reader those funds ' that have a material impact on the City financial statement which may warrant closer review by the reader. ' Conclusion As was mentioned in the Executive Summary, Management is pleased to report that the City of ' La Quinta was able to add to its reserves for FY 03/04. We hope you find this financial report, based upon the third year of implementing GASB 34 reporting model, helpful in your evaluation ' of the financial position and the operations of the City of La Quinta. If you have any questions about this report, please feel free to give me a call, John Falconer, CPA at 760-777-7150. 15 ' (This page intentionally left blank) 16 IBASIC FINANCIAL STATEMENTS 17 CITY OF LA QUINTA Statement of Net Assets June 30, 2004 Assets: Cash and investments (note 2) Accounts receivable Taxes receivable Prepaid items Interest receivable Notes receivable (note 4) Due from other governments Deposits Restricted assets: Cash and investments with fiscal agent (note 2) Capital assets (note 5): Land Right of way Construction in progress Other capital assets, net Total assets Liabilities: Accounts payable Accrued salaries and benefits Interest payable Deposits payable Retentions payable Due to other governments Noncurrent liabilities (notes 6 to 12): Due within one year Due in more than one year Total liabilities Net assets: Invested in capital assets, net of related debt Restricted for: Public safety Community services Planning and development Public works Unrestricted Governmental Activities 2004 2003 $ 89,936,019 515,984 353,361 292,816 415,681 12,741,527 6,511,052 246,858 95,474,813 81,299,937 264,272 263,555 17,515 173,789 12,613,565 4,560,265 186,073 30,019,271 73,505,659 56,467,549 234,280,023 230,148,147 27,932,823 29,604,242 62,967,139 43,025,230 605,173,755 488,643,410 5,393,144 376,210 3,423,766 2,125,238 726,299 163,404 5,363,158 270,617 2,767,256 1,768,499 418,868 5,016,762 4,021,110 249,304,138 159,887,567 266,528,961 174,497,075 249,059,500 8,413 736,650 17,408,711 26,262,192 45,169,328 225,818,022 40,210 573,981 18,540,558 20,883,564 48,290,000 Total net assets $ 338,644,794 314,146,335 See accompanying notes to the basic financial statements. 18 Governmental activities: General government Public safety Community services Planning and development Public works Interest expense Total governmental activities 1 1 CITY OF LA QUINTA Statement of Activities Year ended June 30, 2004 Program Revenues Operating Capital Charges for Contributions Contributions Expenses Services and Grants and Grants Net Governmental Activities 2004 2003 $ 4,319,778 337,376 - (3,982,402) (2,904,713) 10,256,463 4,004,621 119,862 (6,131,980) (3,871,758) 1,446,999 252,677 734,325 653,217 193,220 (233,929) 7,526,977 662,737 120,490 - (6,743,750) (17,513,806) 6,003,013 1,813,993 824,826 11,436,926 8,072,732 (1,934,669) 9,658,779 - - - (9,658,779) (8,555,401) $39,2121009 7,071,404 1,799,503 12,090,143 (18,250,959) (35,014,176) General revenues: Taxes: Property taxes Tax increment Sales taxes Transient occupancy taxes Franchise taxes Othertaxes Investment income Motor vehicle in lieu Miscellaneous revenues Total general revenues Change in net assets Net assets at beginning of year Net assets at end of year See accompanying notes to the basic financial statements. 19 2,198,141 1,800,616 24,450,337 21,191,832 5,240,037 4,345,381 4,261,767 4,036,290 895,810 690,544 867,058 700,154 1,738,505 1,353,868 1,608,151 1,870,315 1,489,612 513,876 42,749,418 36,502,876 24,498,459 1,488,700 314,146,335 312,657,635 $ 338,644,794 314,146,335 CITY OF LA QUINTA Governmental Funds - Balance Sheet June 30, 2004 Debt Service Funds Redevelopment Redevelopment Agency - Agency - Financing General PA No. 1 PA No. 2 Authority Assets Cash and investments $ 27,694,719 16,134,876 5,021,687 5,006 Cash with fiscal agent - 309 11 6 Accounts receivable 369,198 - _ 40 Taxes receivable 353,361 _ Prepaid items 292,816 - _ Interest receivable 187,163 53,535 20,892 Notes receivable (note 4) - - - 90,000,000 Due from other funds (note 18) 26,580 - _ _ Due from other governments 5,238,738 235,743 188,913 Advances to other funds(note 18) 28,671,083 - _ Deposits 246,858 - Total assets $ 63,080,516 16,424,463 5,231,503 90,005,052 Liabilities and Fund Balances Liabilities: Accounts payable $ 1,841,898 1,109 Accrued salaries and benefits 376,210 - _ Deferred revenue 4,031,907 90,000,000 Deposits payable 1,961,861 _ Retentions payable _ Due to other governments 163,404 Due to other funds (note 18) _ _ _ Advances from other funds (note 18) - 12,335,283 16,335,800 - Total liabilities 8,375,280 12,336,392 16,335,800 90,000,000 Fund Balances: Fund balances (deficits) (note 21): Reserved for: Debt service 4,088,071 Bond projects _ - Prepaid items 292,816 Deposits 246,858 - Advances to other funds 28,671,083 Notes receivable _ Unreserved, reported in (note 24): General fund 25,494,479 Special revenue funds _ Debt service funds (11,104,297) 5,052 Capital projects funds _ _ Total fund balances 54,705,236 4,088,071 (11,104,297) 5,052 Total liabilities and fund balances $ 63,080,516 16,424,463 5,231,503 90,005,052 See accompanying notes to the basic financial statements 20 Capital Projects Funds Redevelopment Other ' Capital Agency - 2004 Governmental Totals Improvement PA No. 1 Low/Mod Bond Funds 2004 2003 840,279 14,011,979 - 23,143,081 86,851,627 78,350,979 - 29,272,059 57,656,982 8,545,446 95,474,813 30,019,271 _ - 146,746 515,994 249,272 ' 353,361 263,555 292,816 17,515 60,403 82,045 404,038 173,789 _ - 12,741,527 102,741,527 12,613,565 ' 2,756,703 2,783,283 95,890 702,011 - 141,715 6,507,120 4,560,265 4,075,463 1,260,695 34,007,241 26,003,042 ' _ _ 246,858 186,073 4,298,993 47,419,904 57,656,982 46,061,255 330,178,668 152,533,216 3,441,782 16,531 62,940 5,364,260 5,326,444 ' 376,210 270,617 14,034 - - 10,618,102 104,664,043 12,992,060 116,878 - _ 46,499 2,125,238 1,768,499 726,299 726,299 _ _ _ - 163,404 418,868 _ _ 2,783,283 2,783,283 95,890 ' - _ - 5,336,158 34,007,241 26,003,042 4,298,993 16,531 18,846,982 150,209,978 46,875,420 4,088,071 2,273,588 ' 29,272,0982 59 57,656, 86,929,041 30,016,934 - - 292,816 17,515 _ _ - 246,858 186,073 ' 4,075,463 - 1,260,000 34,006,546 24,893,196 2,123,425 2,123,425 2,117,586 - 25,494,479 26,584,773 9,286,459 9,286,459 9,382,431 _ - (11,099,245) (6,182,505) 14,055,851 47,403,373 - 14,544,389 28,600,240 16,368,205 105,657,796 179,968,690 27,214,273 57,656,982 4,298,993 47,419,904 57,656,982 46,061,255 330,178,668 152,533,216 1 21 CITY OF LA QUINTA Governmental Funds Reconcilation of the Balance Sheet of Governmental Funds to the Statement of Net Assets June 30, 2004 Fund balances of governmental funds $ 179,968,690 Amounts reported for governmental activities in the statement of net assets are different because: Capital assets, net of depreciation, have not been included as financial resouces in governmental fund activity. Infrastructure 358,891,693 Other capital assets 100,990,963 Accumulated depreciation (61,197,012) Long term debt and compensated absences that have not been included in the governmental fund activity: Bonds payable (243,111,094) Compensated absences (531,553) Other long term liabilities (10,678,253) Accrued interest payable for the current portion of interest due on bonds payable has not been reported in the governmental funds. (3,423,766) Revenues that are measurable but not available. Amounts are recorded as deferred revenue under the modified accrual basis of accounting. 14,664,043 Internal service funds are used by mangement to charge the costs of certain activities, such as equipment management, to individual funds. The assets and liabilities of the internal service funds must be added to the statement of net assets 3,071,083 Net assets of governmental activities $ 338,644,794 See accompanying notes to the basic financial statements. 22 (This page intentionally left blank) MAI CITY OF LA QUINTA Governmental Fund Types - Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30; 2004 Debt Service Funds Redevelopment Redevelopment Agency - Agency - Financing General PA No. 1 PA No. 2 Authority Revenues: Taxes $ 13,184,050 23,966,954 12,126,671 Licenses and permits 3,096,145 - _ Charges for services 2,619,578 Developer fees _ Intergovernmental 4,895,986 - _ _ Investment income 2,335,154 201,721 75,625 100 Special assessments _ . Rental income - 680,772 Miscellaneous 109,388 - - 9,686 Total revenues 26,240,301 24,168,675 12,202,296 690,558 Expenditures: Current: General government 3,892,220 - _ Public safety 9,672,180 Community services 1,025,397 - _ _ Planning and development 750,444 377,920 168,983 5,205 Public works 3,103,794 - _ Capital projects _ - - - Debt service: Principal - 2920,707 276,169 300,000 Interest - 9:018,569 1,536,694 380,830 Fiscal charges - _ - _ Payment to bond escrow - 1,253,848 337,259 Payments under pass -through obligations - 11,767,922 9,680,225 - Total expenditures 18,444,035 25,338,966 11,999,330 686,035 Excess (deficiency) of revenues over(under)expenditures 7,796,266 (1,170,291) 202,966 4,523 Other financing sources (uses): Issuance of tax allocation bonds Issuance of revenue bonds Payment to bond escrow - (15,708,019) (4,246,981) - Transfers in (note 20) 183,289 18,693,322 4,922,224 - Transfers out (note 20) (959,002) (5,800,000) Total other financing sources (uses) (775,713) 2,985,303 (5,124,757) Net change in fund balances 7,020,553 1,815,012 (4,921,791) 4,523 Fund balances (deficit) at beginning of year 47,684,683 2,273,059 (6,182,506) 529 Fund balances (deficit) at end of year $ 54,705,236 4,088,071 11,104 297 5,052 See accompanying notes to the basic financial statements 24 Capital Projects Funds Redevelopment Other ' Capital Agency- 2004 Governmental Totals Improvement PA No. 1 Low/Mod Bond Funds 2004 2003 ' 9,023,407 58,301,082 50,326,811 - 3,096,145 1,982,127 - 2,619,578 2,302,759 ' _ 5,718,073 5,718,073 3,021,245 5,931,382 1,031,259 11,858,627 7,194,521 - 635,823 2,781 484,780 3,735,984 3,368,709 - - 816,045 816,045 780,259 1 6,794 431,178 1,118,744 1,094,510 153,000 1,087,465 1,359,539 483,777 ' 6,084,382 642,617 2,781 18,592,207 88,623,817 70,554,718 ' _ - 207,156 4,099,376 3,344,406 _ 528 9,672,708 8,344,428 _ _ - 1,025,397 993,964 1,832,408 - 4,345,461 7,480,421 7,804,294 ' 1,432,795 4,536,589 3,685,050 43,207,098 - - 124,821 43,331,919 16,057,578 - 113,662 3,610,538 2,931,952 10,936,093 9,469,314 3,025,628 3,025,628 - ' - 1,591,107 - - - 21,448,147 17,561,994 43,207,098 1,832,408 9,250,051 110,757,923 70,192,980 (37,122,716) 1,189,791 2,781 9,342,156 (22,134,106) 361,738 ' 26,400,000 26,400,000 - ' 90,000,000 90,000,000 (19,955,000) 44,625,348 14,064,243 66,323,236 5,802,000 154,613,662 23,887,256 (7,502,632) (6,561,612) (8,669,035) (125,121,381) (154,613,662) (23,887,256) 37,122,716 7,502,631 57,654,201 (2,919,381) 96,445,000 - 6,312,840 57,656,982 6,422,775 74,310,894 361,738 41,090,533 - 20,791,498 105,657,796 105,296,058 47,403,373 57,656,982 27,214,273 179,968,690 105,657,796 ' 25 CITY OF LA QUINTA Reconcilation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities Year ended June 30, 2004 Net changes in fiord balances - total governmental funds $ 74,310,894 Amounts reported for governmental activities in the statement of activities is different because: Governmental fiords report capital outlay as expenditures. However, in the statement of activities, the cost of those assets is allocated over their estimated useful lives as depreciation expense. Capital outlay 43,331,919 Depreciation (2,590,779) Proceeds from the issuance of bonds is reported as other financing sources in the governmental funds. The issuance of bonds increases liabilities in the statement of net assets, but does not result in an increase in the statement of activities. (116,400,000) Retirement of bonds reduces the long-term liability in the statement of net assets as opposed to being recorded as an other financing use in the fund statements. 21,328,088 Repayment of bond principal is an expenditure in the governmental fiords, but the repayment reduces long-term liabilities in the statement of net assets. 3,245,605 The statement of net assets includes accrued interest on long term debt. (656,510) To record as an expense the net change in compensated absences in the statement of activities. (69,293) Revenues that are measurable but not available. Amounts are not recorded as revenue under the modified accrual basis of accounting. 1,671,983 Internal service funds are used by management to charge the costs of certain activities, such as equipment management, to individual funds. The net revenues (expenses) of the internal service funds is reported with governmental activities. 326,552 Change in net assets of governmental activities $ 24,498,459 See accompanying notes to the basic financial statements. 26 CITY OF LA QUINTA Proprietary Funds Statement of Net Assets June 30, 2004 Governmental Activities - Internal Service Funds ' 2004 2003 Assets Current assets: ' Cash and investments Interest receivable $ 3,084,392 11,643 2,948,958 Due from other governments 3,932 15,000 ' Capital assets, net 1,111,924 929,210 Total assets 4,211,891 3,893,168 ' Liabilities Current liabilities: ' Accounts payable 28,884 36,713 Net Assets Invested in capital assets, net of related debt 1,111,924 929,210 ' Unrestricted 3,071,083 2,927,245 ' Total net assets $ 4,183,007 3,856,455 ' See accompanying notes to the basic financial statements. ' 27 CITY OF LA QUINTA Proprietary Funds Statement of Revenues, Expenses and. Changes in Net Assets Year ended June 30, 2004 Governmental Activities - Intemal Service Funds 2004 2003 Operating revenues: Charges for services $ 694,960 451,512 Miscellaneous - 2,382 Total operating revenues 694,960 453,894 Operating expenses: Salaries and benefits 51,862 - Fuel and oil 33,390 34,213 Maintenance and parts 138,406 119,032 Contract services 124,037 172,755 Software and supplies 120,098 70,749 Depreciation 305,834 276,517 Other operating expenses 11,784 Total operating expenses 773,627 685,050 Operating income (loss) (78,667) 231,156 Non -operating revenues (expenses): Investment income 58,469 72,899 Total non -operating revenues (expenses) 58,469 72,899 Income (loss) before transfers and capital contributions (20,198) (158,257) Capital contributions 346,750 30,099 Changes in net assets 326,552 (128,158) Net assets at beginning of year 3,856,455 3,984,613 Net assets at end of year $ 4,183,007 3,856,455 See accompanying notes to the basic financial statements. 28 ' CITY OF LA QUINTA Proprietary Funds Statement of Cash Flows ' Year ended June 30, 2004 ' Governmental Activities - Internal Service Funds 2004 2003 ' Cash flows from operating activities: Cash received from other customers $ 706,028 438,894 Cash payments to suppliers for goods and services (427,627 393,873) ' Net cash provided by (used for) operating activities 278,401 45,021 Cash flows from capital and related activities: ' Purchase of fixed assets (189,793) (175,659) Net cash provided by (used for) capital and related activities 189,793) (175,659 ' Cash flows from investing activities: Interest received on investments 46,826 72,899 ' Net cash provided by (used for) investing activities 46,826 72,899 Net increase (decrease) in cash and cash equivalents 135,434 (57,739) ' Cash and cash equivalents at beginning of year 2,948,958 3,006,697 ' Cash and cash equivalents at end of year $ 3,084,392 2,948,958 Reconciliation of operating income to net cash provided by ' operating activities: Operating income (loss) $ (78,667) (231,156) Adjustments to reconcile operating income (loss) to net ' cash provided by operating activities: Depreciation 305,834 276,517 Adjustments: ' (Increase) decrease in due from other governments 11,068 (15,000) (Increase) decrease in other assets 47,995 18,515 Increase (decrease) in accounts payable 7,829) (3,855) Net cash provided by (used for) operating activities $ 278,401 45,021 Noncash capital, financing and investing activities: Fixed assets disposals $ (511,491) - ' Fixed assets contributed by other funds 346,750 30,099 See accompanying notes to the basic financial statements. ' 29 CITY OF LA QUINTA Agency Funds Statement of Fiduciary Assets and Liabilities June 30, 2004 Assets Cash and investments (note 2) Accounts receivable Total assets Liabilities Due to bondholders Total liabilities 2004 2003 $ 1,982,134 1,740,812 6,973 44,846 $ 1,989,107 1,785,658 $ 1,989,107 $ 1,989,107 See accompanying notes to the basic financial statements. 1,785,658 1,785,658 30 t CITY OF LA QUINTA Notes to the Basic Financial Statements ' Year ended June 30, 2004 ' (1) Summary of Significant Accounting Policies (a) R Morting Entity The City of La Quinta ("the City") was incorporated May 1, 1982 under the general laws of the State of California. In November 1996, the City became a ' charter City. The City operates under the Council - Manager form of government. The City provides many community services including public safety, highway ' and street maintenance, health and social services, cultural and leisure services, public improvements, planning and zoning services, and community development services. ' The accounting policies of the City conform to generally accepted accounting principles as applicable to governments. As required by generally accepted accounting principles, these financial statements present the government and its ' component units, which are entities for which the government is considered to be financially accountable. The City is considered to be financially accountable for an organization if the City appoints a voting majority of that organization's ' governing body and the City is able to impose its will on that organization or there is a potential for that organization to provide specific financial benefits to or impose specific financial burdens on the City. The City is also considered to be financially accountable if an organization is fiscally dependent (i.e., it is unable to ' adopt its budget, levy taxes, set rates or charges, or issue bonded debt without approval from the City). In certain cases, other organizations are included as component units if the nature and significance of their relationship with the City t are such that their exclusion would cause the City's financial statements to be misleading or incomplete. ' All of the City's component units are considered to be blended component units. Blended component units, although legally separate entities, are, in substance, part of the government's operations and so data from these units are reported with the interfund data of the primary government. ' The following organizations are considered to be component units of the City: ' La Ouinta Redevelopment Agency The La Quinta Redevelopment Agency (Agency) has established two redevelopment project areas pursuant to the State of California Health & Safety ' Code, Section 33000 entitled "Community Redevelopment Law". On November 29, 1983 and May 16, 1989, the City Council approved and adopted the Redevelopment Plans for the La Quinta Redevelopment Project Areas No. 1 and ' No. 2, respectively. These plans provide for the elimination of blight and deterioration, which was found to exist in the project areas. Although the Agency 1 31 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) is legally separate, it is reported as if it were part of the City because the City Council also serves as the governing board of the Agency. Separate financial statements of the Agency can be obtained at City Hall. City of La Ouinta Public Financing Authority The La Quinta Public Financing Authority (Authority) was established pursuant to a Joint Exercise of Powers Agreement dated November 19, 1991 between the City of La Quinta and the La Quints Redevelopment Agency. The purpose of the Authority is to provide financing necessary for the construction of various public improvements through the issuance of debt. Although the Authority is legally separate, it is reported as if it were part of the City because the City Council also serves as the governing board of the Authority. Separate financial statements of the Authority are not prepared. (b) Basis of Accounting and Measurement Focus The basic financial statements of the City are composed of the following: • Government -wide financial statements • Fund financial statements • Notes to the financial statements Financial reporting is based upon all GASB pronouncements, as well as the FASB Statements and hiterpretations, APB Opinions, and Accounting Research Bulletins that were issued on or before November 30, 1989 that do not conflict with or contradict GASB pronouncements. 32 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) Government -wide Financial Statements Government -wide financial statements display information about the reporting government as a whole, except for its fiduciary activities. These statements include separate columns for the governmental and business -type activities of the primary government (including its blended component units), as well as its discreetly presented component units. The City of La Quinta has no business -type activities or discretely presented component units. Eliminations have been made in the Statement of Activities so that certain allocated expenses are recorded only once (by function to which they were allocated). However, general governmental expenses have not been allocated as indirect expenses to the various functions of the City. Government -wide financial statements are presented using the economic resources measurement focus and the accrual basis of accounting. Under the economic resources measurement focus, all (both current and long-term) economic resources and obligations of the reporting government are reported in the government -wide financial statements. Basis of accounting refers to when revenues and expenditures are recognized in the accounts and reported in the financial statements. Under the accrual basis of accounting, revenues, expenses, gains, losses, assets, and liabilities resulting from exchange and exchange -like transactions are recognized when the exchange takes place. Revenues, expenses, gains, losses, assets, and liabilities resulting from nonexchange transactions are recognized in accordance with the requirements of GASB Statement No. 33. Program revenues include charges for services, special assessments, and payments made by parties outside of the reporting government's citizenry if that money is restricted to a particular program. Program revenues are netted with program expenses in the statement of activities to present the net cost of each program. Amounts paid to acquire capital assets are capitalized as assets in the government - wide financial statements, rather than reported as an expenditure. Proceeds of long-term debt are recorded as a liability in the government -wide financial statements, rather than as an other financing source. Amounts paid to reduce long- term indebtedness of the reporting government are reported as a reduction of the related liability, rather than as an expenditure. 33 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies (Continued) Fund Financial Statements The underlying accounting system of the City is organized and operated on the basis of separate funds, each of which is considered to be a separate accounting entity. The operations of each fund are accounted for with a separate set of self - balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures or expenses, as appropriate. Governmental resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. Fund financial statements for the primary government's governmental, proprietary, and fiduciary funds are presented after the government -wide financial statements. These statements display information about major funds individually and nonmajor funds in the aggregate for governmental and enterprise funds. Fiduciary statements include financial information for fiduciary funds and similar component units. Fiduciary funds of the City primarily represent assets held by the City in a custodial capacity for other individuals or organizations. Governmental Funds In the fund financial statements, governmental funds are presented using the modified -accrual basis of accounting. Their revenues are recognized when they become measurable and available as net current assets. Measurable means that the amounts can be estimated, or otherwise determined. Available means that the amounts were collected during the reporting period or soon enough thereafter to be available to finance the expenditures accrued for the reporting period. The City uses a thirty day availability period. Revenue recognition is subject to the measurable and availability criteria for the governmental funds in the fund financial statements. Exchange transactions are recognized as revenues in the period in which they are earned (i.e., the related goods or services are provided). Locally imposed derived tax revenues are recognized as revenues in the period in which the underlying exchange transaction on which they are based takes place. Imposed non -exchange transactions are recognized as revenues in the period for which they were imposed. If the period of use is not specified, they are recognized as revenues when an enforceable legal claim to the revenues arises or when they are received, whichever occurs first. Government -mandated and voluntary non -exchange transactions are recognized as revenues when all applicable eligibility requirements have been met. 34 1 CITY OF LA QUINTA Notes to the Basic Financial Statements ' (Continued) 11 Summary of Significant Accounting Policies, (Continued In the fund financial statements, governmental funds are presented using the ' current financial resources measurement focus. This means that only current assets and current liabilities are generally included on their balance sheets. The reported fund balance (net current assets) is considered to be a measure of ' "available spendable resources." Governmental fund operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Accordingly, they are said to present a ' summary of sources and uses of "available spendable resources" during a period. Non -current portions of long-term receivables due to governmental funds are reported on their balance sheets in spite of their spending measurement focus. ' Special reporting treatments are used to indicate, however, that they should not be considered "available spendable resources," since they do not represent net current assets. Recognition of governmental fund type revenues represented by ' noncurrent receivables are deferred until they become current receivables. Noncurrent portions of other long-term receivables are offset by fund balance reserve accounts. ' Because of their spending measurement focus, expenditure recognition for governmental fund types excludes amounts represented by noncurrent liabilities. Since they do not affect net current assets, such long-term amounts are not ' recognized as governmental fund type expenditures or fund liabilities. Amounts expended to acquire capital assets are recorded as expenditures in the ' year that resources were expended, rather than as fund assets. The proceeds of long-term debt are recorded as an other financing sources rather than as a fund liability. Amounts paid to reduce long-term indebtedness are reported as fund ' expenditures. When both restricted and unrestricted resources are combined in a fund, expenses are considered to be paid first from restricted resources, and then from ' unrestricted resources. 1 1 35 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies (Continued) Protirietary Funds The City's internal service funds are proprietary funds. In the fund financial statements, proprietary funds are presented using the accrual basis of accounting. Revenues are recognized when they are earned and expenses are recognized when the related goods or services are delivered. In the, fund financial statements, proprietary funds are presented using the economic resources measurement focus. This means that all assets and all liabilities (whether current or noncurrent) associated with their activity are included on their balance sheets. Proprietary fund type operating statements present increases (revenues) and decreases (expenses) in total net assets. Amounts paid to acquire capital assets are capitalized as assets in the internal service fund financial statements, rather than reported as an expenditure. Proceeds of long-term debt are recorded as a liability in the internal service fund financial statements, rather than as an other financing source. Amounts paid to reduce long- term indebtedness of the internal service fund are reported as a reduction of the related liability, rather than as an expenditure. Fiduciary Funds The City's fiduciary funds are agency funds. Agency funds are custodial in nature. Assets equal liabilities. Agency funds use the accrual basis of accounting. (c) Maior. Funds, Internal Service Funds and Fiduciary Fund Tunes The City's major funds are as follows: General Fund — The primary fund of the City is used to account for all revenue and expenditures of the City not legally restricted as to use. A broad range of municipal activities are provided through this fund including City Manager, City Attorney, Finance, City Clerk, Community Development, Police Services, Public Works, Building and Safety, and Community Services. tceaeveionment agency Leut service — Froject Area No 1 Fund — This debt sernce fund is used to account for the accumulation of resources for the payment of debt service for bond principal and interest and trustee fees for Project Area No. 1. rccucvciuument agency Lent service — Project Area No 2 Fund — This debt service fund is used to account for the accumulation of resources for the payment of debt service for bond principal and interest and trustee fees for Project Area No. 2. 36 CITY OF LA QUINTA ' Notes to the Basic Financial Statements ' (Continued) 11 Summary of Significant Accounting Policies. (Continued Financing Authority Debt Service Fund — To account for the Public Financing ' Authority bond proceeds that will be used for specific projects and programs of the City. ' Capital Improvement Fund — This capital projects fund is used to account for the planning, design and construction of various capital projects throughout the City of La Quinta and the Redevelopment Agency. ' Redevelopment Agency Capital Projects — Project Area No. 1 Fund — This fund is used to account for the bond proceeds, interest and other funding that will be used for development, planning, construction and land acquisition within the project ' area. 2004 Low/Moderate Bond Fund — To account for the 2004 revenue bond proceeds that will be used to finance projects benefiting low and moderate income housing ' in La Quinta Redevelopment Project Area No. 1 and Project Area No. 2. Other fund types of the City are as follows: Internal Service Funds: Equipment Replacement Fund — This fund accounts for equipment and vehicle maintenance and replacement services provided to other departments on a cost - reimbursement basis. Information Technology Fund — This fund is used to account for the acquisition of computer equipment, maintenance, and services to support information systems within the City. Costs are reimbursed by the benefiting departments. ' Agency Funds — These funds account for assets held by the City as an agency for ' assessment district bondholders and for Arts in Public Places donations. (d) Investments ' For financial reporting purposes, investments are adjusted to their fair value whenever the difference between fair market value and the carrying amount is material. Changes in fair value that occur during a fiscal year are recognized as investment income reported for that fiscal year. Investment income includes interest earnings, changes in fair value, and any gams or losses realized upon the liquidation or sale ' of investments. 1 37 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies (Continued) The City pools cash and investments of all funds, except for assets held by fiscal agents. Each fimd's share in this pool is displayed in the accompanying financial statements as cash and investments. Investment income earned by the pooled investments is allocated to the various funds based on each fund's average cash and investment balance. (e) Cash Equivalents For purposes of the statement of cash flows, cash equivalents are defined as short- term, highly liquid investments that are both readily convertible to known amounts of cash or so near their maturity that they present insignificant risk of changes in value because of changes in interest rates. Cash equivalents also represent the proprietary funds' share in the cash and investment pool of the City of La Quinta. Cash equivalents have an original maturity date of three months or less from the date of purchase. For purposes of the statement of cash flows, the entire balance of cash and investments on the combined balance sheet for the internal service fund is considered cash and cash equivalents. M Capital Assets Capital assets (including infrastructure) are recorded at cost where historical records are available and at an estimated historical cost where no historical records exist. Contributed capital assets are valued at their estimated fair market value at the date of the contribution. Generally, capital asset purchases in excess of $5,000 are capitalized if they have an expected useful life of three years or more. Capital assets include public domain (infrastructure) general fixed assets consisting of certain improvements including roads, streets, sidewalks, medians, and storm drains. Capital assets used in operations are depreciated over their estimated useful lives using the straight-line method in the government —wide financial statements and in the fund financial statements of the internal service funds. Depreciation is charged as an expense against operations and accumulated depreciation is reported on the respective balance sheet. 38 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) The following schedule summarizes fixed asset useful lives: Buildings and improvements 10-30 years Equipment and furniture 3-20 years Vehicles 5-10 years Infrastructure 10-50 years (g) Employee Leave Benefits Sick time is vested on a percentage based on number of years employed at the City. Maximum accumulation of sick and vacation is 30 and 40 days, respectively. Upon termination or retirement, permanent employees are entitled to receive compensation at their current base salary for all unused vacation leave. If an employee terminates with a minimum of two years service, the employee is entitled to receive 25% of the value of his unused sick leave. The percentage increases by 25% for each five-year period until the employee is entitled to 75% of the value of his unused sick leave. This will occur upon the completion of ten years of continuous employment. (h) Postemployment Benefits The City does not provide postemployment benefits (other than pension benefits) to its employees. (i) Prepaid Items Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government -wide and fund financial statements. 0) Fund Equity hi the fund financial statements, governmental funds report reservations of fund balance for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific purpose. Designations of fund balance represent tentative management plans that are subject to change. 39 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (2) Cash and Investments Cash and investments are reported as follows: Statement of Net Assets: Cash and investments Cash and investments with fiscal agent Statement of Fiduciary Assets and Liabilities: Cash and investments . Total $ 89,936,019 95,474,813 1,982,134 $187.392.966 Cash and investments held by the City at June 30, 2004 consisted of the following: Petty cash $ 1,000 Demand deposits 765,613 Investments 186,626,353 Total $187.392.966 The City and its component units are authorized by its investment policy to invest in the following types of investments: Investment Type U.S. treasuries and Government National Mortgage Association FHLB, FFCB, FLB, FNMA, FHLMC Government pools U.S. government and agency securities Commercial Paper Mutual Funds Certificates of Deposit Restriction None $7.5 million per issuer $40 million and 25% of portfolio 100% of portfolio $3 million per issuer, 15% of portfolio and 90 days 20% None 40 CITY OF LA QUINTA Notes to the Basic Financial Statements ' (Continued) ' (2) Cash and Investments, (Continued) Under the California Government Code, a financial institution is required to secure ' deposits made by state or local governmental units by pledging securities held in the form of an undivided collateral pool. The market value of the pledged securities in the collateral pool must equal at least 110% of the total amount deposited by the public agencies. California law also allows financial institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of the secured public deposits. ' Deposits of cities and other state or local governments are classified in three categories to give an indication of the level of credit risk assumed by the City, as follows: Category 1 - includes deposits that are insured or collateralized with securities held by the City or its agent in the City's name. I 1 1 11 Category 2 - includes deposits collateralized with securities held by the pledging financial institution's trust department or agent in the City's name. Category 2 also includes deposits collateralized by an interest in an undivided collateral pool held by an authorized Agent or Depository and subject to certain regulatory requirements under State law. Category 3 - includes deposits collateralized with securities held by the pledging financial institution, or by its trust department or agent but not in the City's name. Category 3 also includes any uncollateralized deposits. Form of Deposit Deposits held by the City: Demand deposits Category Bank 1 2 3 Balance 100 0 3 55 2 - •6 Book Balance Investments of cities in securities are classified in three categories to give an indication of the level of custodial risk assumed by the entity. Category 1 - includes investments that are insured or registered or for which the securities are held by the City or the City's custodial agent (which must be a different institution other than the party through which the City purchased the securities) in the City's name. Investments held "in the City's name" include securities held in a separate custodial or fiduciary account and identified as owned by the City in the custodian's internal accounting records. 41 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (2) Cash and Investments. (Continued) Category 2 - includes uninsured and unregistered investments for which the securities are held in the City's name by the dealer's agent (or by the trust department of the dealer if the dealer was a financial institution and another department of the institution purchased the securities for the City). Category 3 - includes uninsured and unregistered investments for which the securities are held by the dealer's trust department or agent, but not in the City's name. Category 3 also includes all securities held by the broker -dealer agent of the City (the party that purchased the securities for the City) regardless of whether or not the securities are being held in the City's name. Investments held by the City. U.S. Treasury Notes Government Agency Securities Investments held by fiscal agent: U.S. Treasury Bills Category Carrying 1 2 3 Value $42,890,220 - - 42,890,220 27,511,851 - - 27,511,851 89,363,631 89,363,631 70.402.071 9.363.631 159,765,702 Investments held by the City not subject to categorization: Investment in State of California Local Agency Investment Fund Investments held by fiscal agent not subject to categorization: Investment in mutual funds: First American Treasury Obligation Fund 20,749,469 6,111,182 42 ICITY OF LA QUINTA Notes to the Basic Financial Statements ' (Continued) 2) Cash and Investments. (Continued ' The City is a voluntary participant in the Local Agency Investment Fund (LAIF) that is regulated by California Government Code Section 16429 under the oversight of the Treasurer of the State of California. The fair value of the City's investment in this pool is ' reported in the accompanying financial statements at amounts based upon the City's pro- rata share of the fair value provided by LAIF for the entire LAIF portfolio (in relation to the amortized cost of that portfolio). The balance available for withdrawal is based on the accounting records maintained by LAIF, which are recorded on an amortized cost basis. Included in LAIF's investment portfolio are , collateralized mortgage obligations, mortgage -backed securities, other asset -backed securities, loans to certain state funds, and floating rate securities issued by federal agencies, government -sponsored enterprises, ' and corporations ' (3) Property Taxes Under California law, property taxes are assessed and collected by the counties up to 1% ' of assessed value, plus other increases approved by the voters. The property taxes are recorded initially in a pool, and are then allocated to the cities based on complex formulas. Accordingly, the City of La Quinta accrues only those taxes that are received from the County within sixty days after year-end. Lien date January 1 Levy date July 1 Due dates November 1 and February 1 Collection dates December 10 and April 10 The La Quinta Redevelopment Agency's primary source of revenue comes from property taxes. Property taxes allocated to the Agency are computed in the following manner: (a) The assessed valuation of all property within the project area is determined on the date of adoption of the Redevelopment Plan. (b) Property taxes related to the incremental increase in assessed values after the adoption of the Redevelopment Plan are allocated to the Agency; all taxes on the "frozen" assessed valuation of the property are allocated to the City and other districts. 1 1 43 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (3) Property Taxes, (Continued) The Agency has no power to levy and collect taxes and any legislative property tax shift might reduce the amount of tax revenues that would otherwise be available to pay the principal of, and interest on, debt. Broadened property tax exemptions could have a similar effect. Conversely, any increase in the tax rate or assessed valuation, or any reduction or elimination of present exemptions would increase the amount of tax revenues that would be available to pay principal and interest on debt. (4) Notes Receivable Outstanding Balance at June 30, 2004 In September 1994, the Redevelopment Agency sold certain real property to LINC Housing for $2,112,847. The property was used to construct single-family homes and rental units to increase the City's supply of low and moderate income housing. The note bears interest at 6% per annum and is due in full on June 15, 2029. $ 3,153,490 In December 2000, the Redevelopment Agency entered into an agreement with LINC Housing to receive $9,500,000 as a reimbursement for Agency costs incurred for the construction of infrastructure related to the development of senior apartments. Payments are due to the Agency in the amount of annual positive cash flow generated by the rental of the units. All unpaid principal and interest on the note are due fifty-five years after the completion of the project. Interest on the note accrues at 3% per annum. 9,500,000 Other notes receivable 88,037 Total notes receivable reported on the statement of net assets 12,741,527 In June 2004, the Redevelopment Agency entered into an agreement to borrow $90,000,000 from the Financing Authority Debt Service Fund to provide for the advance refunding of the Agency's Redevelopment Project Areas No. 1 and 2, 1995 Housing Tax Allocation Bonds and to finance projects benefiting low and moderate income housing within the project areas. The funding was provided through the issuance of the 2004 Series A Local Agency Revenue Bonds issued by the Financing Authority. The note accrues interest between 3% and 5.25% per annum, payable semi-annually. Principal payments ranging from $735,000 to $5,660,000 are payable annually through September 2034. 90,000,000 Total notes receivable reported in the Governmental Funds — Balance Sheet $102.741.527 44 ' CITY OF LA QUINTA Notes to the Basic Financial Statements ' (Continued) ' (5) Capital Assets Capital asset activity for governmental activities for the year ended June 30, 2004 is as follows: ' Balance at Balance at June 30, 2003 Additions Deletions June 30, 2004 Buildings and improvements $ 16,428,276 8,392,389 (143,235) 24,677,430 Equipment and furniture 1,988,280 251,548 (656,101) 1,583,727 Vehicles 954,339 441,940 (172,132) 1,224,147 ' Infrastructure 82,869,720 13,818,073 (8,946 96,678,847 Total cost of depreciable ' assets 102,240,615 22,903,950 980414 124,164,151 Less accumulated depreciation: ' Buildings and improvements 5,200,446 916,053 (59,413) 6,057,086 Equipment and furniture 1,216,895 248,795 (522,867) 942,823 ' Vehicles 678,237 97,543 (17,500) 758,280 Infrastructure 52,119,807 1,328,388 (9,372 53,438,823 Total accumulated ' depreciation 59,215,385 2,590,779 609152 61,197,012 Net depreciable assets 43,025,230 20,313,171 (371,262) 62,967,139 Capital assets not depreciated: ' Land 56,467,549 17,174,110 (136,000) 73,505,659 Right of way 230,148,147 4,131,876 234,280,023 Construction in progress 29,604,242 21,512,556 (23,183,975) 27,932,823 ' Capital assets, net $359.245.168 63.131.713 (23.691237) 98.685.E 1 45 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (5) Capital Assets, (Continued) Depreciation expense was charged in the following functions in the Statement of Activities: General government $ 163,327 Public safety 461,038 Community services 498,000 Planning and development 31,821 Public works 1.436.593 Total 90 779 (6) ' Changes in Long -Term Liabilities Changes in long-term liabilities for the year ended June 30, 2004 were as follows: City: Compensated absences payable Due to the Coachella Valley Association of Governments Developer Agreement Payable Redevelopment Agency: RDA Project Area No. 1: Tax allocation bonds Housing tax allocation bonds Pass -through agreements payable: Coachella Valley Unified School District RDA Project Area No. 2: Tax allocation bonds Housing tax allocation bonds Due to County of Riverside Financing Authority: Revenue bonds Total Amounts Balance at Balance at due within Jane 30 2003 Additions Deletions June 30, 2004 one year $ 462,260 591,451 (522,159) 531,553 478,398 478,311 - (50,000) 428,311 50,000 684,688 429,758 (103,758) 1,010,688 122,250 118,803,164 25,594,464 (1,890,000) 142,507,628 2,395,000 16,026,850 - (16,026,850) - 7,365,254 - (711,877) 6,653,377 726,114 6,415,000 (90,000) 6,325,000 95,000 4,333,150 - (4,333,150) - - 2,150,000 (100,000) 2,050,000 100,000 7,190,000 87,924,343 300000 94,814,343 1,050,000 46 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (7) Due to the Coachella Valley Association of Governments The City of La Quinta entered into an Interchange Reimbursement Agreement with the Coachella Valley Association of Governments (CVAG) to finance capital improvements at the Washington Street I-10 interchange. The City will reimburse CVAG $828,311 over a period of seventeen years beginning July 31, 1996. The annual payments to CVAG range from $28,311 to $50,000. At June 30, 2004, the balance is $428,311. The minimum annual requirements to amortize payable to Coachella Valley Association of Governments as of June 30, 2004 are as follows: June 30 Principal 2005 $ 50,000 2006 50,000 2007 50,000 2008 50,000 2009 50,000 2010 50,000 2011 50,000 2012 50,000 2013 28,311 (8) Tax Allocation Bonds As of June 30, 2004, the following issuances of Tax Allocation Bonds were outstanding: Series 1994 Tax Allocation Refunding Bonds, Series 1994, were issued by the Agency on May 5, 1994, in the amount of $26,665,000 to refund the outstanding aggregate principal amount of the Agency's Tax Allocation Bonds, Series 1989 and 1990. The remaining proceeds were used to finance certain capital improvements within the La Quinta Redevelopment Project Area No. 1. Interest rates on the bonds range from 3.80% to 8% and are payable semi-annually on March 1 and September 1 of each year until maturity. The interest on and principal of the bonds are payable solely from pledged tax increment revenues. The bonds are not subject to redemption prior to maturity. There are certain limitations regarding the issuance of panty debt as further described in the official statement. A portion of the proceeds was used to obtain a surety agreement to satisfy the bond reserve requirement. The principal balance of outstanding bonds at June 30, 2004 is $17,085,000. 47 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) 8) Tax Allocation Bonds, (Continued Series 1998. Proiect Area No. 1 Tax allocation refunding bonds, Series 1998, in the amount of $15,760,000 were issued by the Agency to refund the outstanding aggregate principal amount of the Agency's Tax Allocation Bonds, .Series 1991. The remaining proceeds were used to finance certain capital improvements within the La Quinta Redevelopment Project Area No. 1. Interest rates on the bonds range from 5.20% to 5.25% and are payable semi-annually on March 1 and September 1 of each year until maturity. The interest and principal of the bonds are payable from pledged tax increment revenues. Term Bonds maturing September 1, 2028 are subject to mandatory sinking fund redemption, in part by lot, on September 1, 2013 and on each September 1 thereafter, Id September 1, 2028, at a price equal to the principal amount thereof plus accrued interest. There are certain limitations regarding the issuance of parity debt as further described in the official statement. A portion of the proceeds was used to obtain a surety agreement to satisfy the bond reserve requirement. The principal balance of outstanding bonds at June 30, 2004 is $15,760,000. Series 1998, Project Area No. 2 Tax allocation refunding bonds, Series 1998, in the amount of $6,750,000 were issued by the Agency to refund the outstanding aggregate principal amount of the Agency's Tax Allocation Bonds, Series 1992. The remaining proceeds were used to finance certain capital improvements within the La Quinta Redevelopment Project Area No. 2. Interest rates on the bonds range from 3.75% to 5.28% and are payable semi-annually on March 1 and September 1 of each year until maturity. The interest and principal of the bonds are payable solely from pledged tax increment revenues of Project Area No. 2. Term Bonds maturing September 1, 2028 and September 1, 2033 are subject to mandatory sinking fund redemption, in part by lot, on September 1, 2009 and September 1, 2019, respectively, and on each September 1 thereafter at a price equal to the principal amount thereof plus accrued interest. There are certain limitations regarding the issuance of parity debt as further described in the official statement. A portion of the proceeds was used to obtain a surety agreement to satisfy the bond reserve requirement. The principal balance of outstanding bonds at June 30, 2004 is $6,325,000. 48 CITY OF LA QUINTA 1 Notes to the Basic Financial Statements ' (Continued) ' (8) Tax Allocation Bonds, (Continued) Tax Allocation Bonds Series 2001 — Proiect Area No. 1 On August 15, 2001, the Agency issued tax allocation bonds in the amount of $48,000,000 to finance capital projects benefiting the La Quinta Redevelopment Project ' Area No. 1. The 2001 tax allocation bonds were issued at a discount of $422,400 and issuance costs of $1,517,325. ' The bonds consist of $17,280,000 of term bonds that accrue interest at 5.00% and mature on September 1, 2021 and $30,720,000 of term bonds that accrue interest at 5.18% and mature on September 1, 2031. The interest and principal on the bonds are payable from pledged tax increment revenues. A portion of the proceeds were used to obtain a surety agreement to satisfy the bond reserve requirement. The principal balance of outstanding bonds at June 30, 2004 is ' $46,254,248 ($48,000,000 net of unamortized discount and issuance costs of $1,745,752). ' Tax Allocation Bonds Series 2002 — Project Area No. 1 On June 12, 2002, the Agency issued tax allocation bonds in the amount of $40,000,000 ' to finance capital projects benefiting the La Quinta Redevelopment Project Area No. 1. the 2002 tax allocation bonds were issued at a discount of $360,000 and issuance costs of $1,250,096. The bonds consist of $6,355,000 of serial bonds and $33,645,000 of term bonds. Interest rates on serial bonds range from 1.75% and 4.00% and are payable semi-annually on March I and September 1 of each year until maturity. Term bonds accrue interest at ' 5.00% and 5.125% and mature on September 1, 2022 and September 1, 2023. The interest and principal on the bonds are payable from pledged tax increment revenues. A portion of the proceeds were used to obtain a surety agreement to satisfy the bond ' reserve requirement. The principal balance of outstanding bonds at June 30, 2004 is $37,932,244 ($39,435,000 net of unamortized discount and issuance costs of $1,502,756). ' Tax Allocation Bonds Series 2003 - Project Area No. 1 On September 1, 2003, the Agency issued tax allocation bonds in the amount of $26,400,000 to finance capital projects benefiting the La Quinta Redevelopment Project Area No. 1. The 2003 tax allocation bonds were issued at a discount of $277,200 issuance costs of $629,191. 1 49 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (8) Tax Allocation Bonds (Continued) Tax Allocation Bonds, Series 2003 - Project Area No 1 (Continued) Interest is payable semi-annually on March 1 and September 1 of each year, commencing March 1, 2004. Interest payments range from 4.24% to 6.44% per annum. The interest and principal on the bonds are payable from pledged tax increment revenues. Term bonds maturing on September 1, 2013 through September 1, 2032 are subject to mandatory redemption from minimum sinking fund payments, in part by lot, on September 1, 2004, September 1, 2014, and September 1, 2024, respectively, and on each September 1 thereafter at a redemption price equal to the principal amount thereof plus accrued interest to the redemption date. A portion of the proceeds was used to obtain a surety agreement to satisfy the bond reserve requirement. There are certain limitations regarding the issuance of parity debt as fiuther described in the official statement. The principal balance of outstanding bonds at June 30, 2004 is $25,594,464 ($26,400,000 net of unamortized discount and issuance costs of $923,864). The minimum annual requirement (including sinking fund requirements) to amortize tax allocation bonds as of June 30, 2004 are as follows: Pm' t o No 1 Pmiwt 3uoe 30 Area No. 2 1994 Tax Allocation Bnndc 1999 Tax ADneatinn Btmdv 2DO1 Tax Allocation Bnnd3 2002 Tax Allocation BnMa 2003 Tax Alk udan &mdc 1998 Tax Alln fian IntMat PoDs@al intmSl Prim 2ODS 20D6 10t9LF31 Principal lft= Pdocipal iRtBm Pnndpal S 1.430.000 1.182.140 919.520 _ 2.430.720 575.000 1.895.131 390.000 1.602.458 95.000 1.510.000 1.097.700 ]S y 323.264 2007 - $19.520 - 2.430.720 585.000 1.882.361 405.ODO 1.585.604 1OD.000 1.620.000 973.455 819.520 2.430.720 319.169 2008 - 600.000 1.867.091 420.00D 1.569.114 105.000 1.740.000 850.615 819.520 - 2.430.720 615.000 1.849.617 440.ODD 1.549.982 314.7B5 2009 2010 110.000 1.865.000 719.233 819.520 - 2.430.720 635.000 1.929.914 460.DDO 1.530.802 115.000 2.000.000 578.160 310.135 305.184 2011 - 919.520 2.430.720 660,OD0 1.807.557 475.OD0 1.508.106 120.000 2.14S.00D 426.868 - 819.520 299.550 2012 _ 2A30.720 680.OD0 1.782.926 505-ODO 1.481.401 125.000 2.305.OD0 264.443 - 819320 _ 2.430.720 705.OD0 1.756.430 530.000 293.272 2013 2014 1.453.199 130.ODO 2.470.OD0 90.155 - 819.520 - 2.430.720 735.000 1.727.981 560.000 1.423.496 140.ODD 296.737 279.819 2015 - - 655.000 802.490 1.565.000 2.391.595 705.000 1.695.656 590.000 1.392.159 14S.ODD - - 690.000 767.520 272.516 2016 1.645.000 2.311.345 735,000 1.659.656 620.OD0 1.356.736 150.OD0 - - 725.000 730.730 1.730.000 2.226.970 770.000 264.956 2017 1.622.031 660,OD0 1.316.800 160.000 - 765.000 691.990 1.915.000 2.138.345 910.000 1.582.531 7DO.000 1.274368 170.000 257.013 249.556 2018 2019 - 800.00D 651.30D 1.905.000 2.045.345 855.OD0 1.540.906 745.000 1.229.294 175.OD0 - 845.DD0 239.716 2020 609.530 2.ODO.ODD 1.947.720 895.000 1.497.156 790.000 1.191.392 185.000 - 890.000 563.420 2.100.000 230.491 2021 1.845.220 940.000 1.451.291 840.000 1.130.536 195.OD0 - 935.000 515.970 2.205.OD0 1.737.595 985.000 1.403.156 220.631 2022 2023 995.000 1.076.404 205.000 - - .985.000 466.050 2.315.000 1.624.595 1.035.OD0 1.352.656 950.OD0 1.019.840 215.000 210.131 199.I06 2024 - - 1.035.OD0 413.530 2.430.000 1.504.755 1.090.000 1.299.531 1.010.000 957.688 230.000 - 1.090.000 358.280 2.555.000 187.425 2025 1.377.637 1.140.000 1.243.069 1.075.OW 892.636 240.0D0 - - 1.145.000 300.170 2.685.DD0 1.244.018 1.200.00D 1.193.106 175.087 2026 2027 1.140.OD0 822.398 255.000 - - 1.205.000 239.070 2.820.000 1.103.640 1.265.000 1.119.941 1.215.OD0 746,557 265.000 162.094 148.444 2028 - 1.265.000 174.850 2.965.000 956.123 1.330.000 1.053.444 1.290.000 665.896 280.00G - - 1.330.DD0 107.380 3.120.000 134.139 2030 900.955 1.395.OW 963.615 1.375.000 560.063 295.000 - - 1.400.OD0 76.400 3.275.000 637.882 1.470.000 910.200 1.465.00D 119.044 2030 2031 - - - - 48B.635 310.OD0 3.445.DOD 466.523 3.015.000 795.272 1.555.ODO 391.391 325.000 - 103.163 96.494 2033 - - 3.620.000 286.365 3.170.OD0 636.791 1.655.000 289.029 345.000 68.906 2033 - - - 3.805.000 97.027 3.335.OD0 470.091 1.765.000 177.905 360.000 50.400 2034 _ - - 7.505.000 192.316 1.860.000 60.536 380.OD0 - 400.OD0 _�-15 14 gp36p d0.0(b.� AR601�c 39410 30.975 10.500 6.1 W, CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) 91 Revenue Bonds 1996 Lease Revenue Refunding Bonds On November 15, 1996, the Authority issued $8,790,000 of 1996 Lease Revenue Refunding Bonds to defease the remaining 1991 Local Agency Revenue Bonds in the amount of $8,200,000 and to provide funds for construction of remaining improvements to the La Quinta Civic Center site. The bonds consist of $3,630,000 of serial bonds and $5,160,000 of term bonds. The serial bonds will accrue interest at rates between 3.70% and 5.30% and principal amounts mature between October 1, 1997 to October 1, 2008 in amounts ranging from $285,000 to $380,000. The term bonds accrue interest at a rate of 5.55% and mature on October 1, 2018. A surety agreement has been purchased to satisfy the bond reserve requirement. There are certain limitations regarding the issuance of panty debt as further described in the official statement. The amount of principal outstanding on the 1996 Lease Revenue Refunding Bonds at June 30, 2004 is $6,890,000. 2004 Series A Local Agency Revenue Bonds On June 29, 2004, the La Quinta Financing Authority issued revenue bonds in the amount of $90,000,000 to finance projects benefiting low and moderate income housing in La Quinta Redevelopment Project Area No. 1 and the La Quinta Redevelopment Project Area No. 2 and to advance refund the Agency's Redevelopment Project Areas No. 1 and 2, 1995 Housing Tax Allocation Bonds. The 2004 local agency revenue bonds were issued at a discount of $607,500, issuance costs of $944,653 and a premium of $476,496. Interest is payable semi-annually on March I and September 1 of each year, commencing September 1, 2004. Interest payments range from 3% to 5.25% per annum. The interest and principal on the bonds are payable from pledged tax increment revenues. Term bonds maturing on September 1, 2024, September 1, 2029 and September 1, 2034 are subject to mandatory redemption from minimum sinking fund payments, in part by lot, on September 1, 2017, September 1, 2025, and September 1, 2030, respectively, and on each September 1 thereafter at a redemption price equal to the principal amount thereof plus accrued interest to the redemption date. A portion of the proceeds was used to obtain a surety agreement to satisfy the bond reserve requirement. There are certain limitations regarding the issuance of parity debt as further described in the official statement. The principal balance of outstanding bonds at June 30, 2004 is $87,924,343 ($90,000,000 net of unamortized discount and issuance costs of $2,075,657). 51 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (9) Revenue Bonds, (Continued) The minimum annual requirements (including sinking fund requirements) to amortize revenue bonds as of June 30, 2004 are as follows: June 3 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 1996 Lease Revenue Principal Interest 315,000 366,220 330,000 350,575 345,000 333,865 360,000 315,880 380,000 296,450 400,000 275,280 420,000 252,525 445,000 228,521 470,000 203,130 495,000 176,351 525,000 148,046 555,000 118,076 585,000 86,441 615,000 53,141 650,000 18,038 2004 Series A Revenue Bonds PrinciM Interest 735,000 2,990,049 1,520,000 4,436,981 1,570,000 4,403,156 1,615,000 4,356,806 1,670,000 4,304,994 1,740,000 4,243,332 1,805,000 4,175,132 1,890,000 4,099,719 1,975,000 4,016,581 2,075,000 3,924,681 2,175,000 3,823,431 2,290,000 3,714,462 2,410,000 3,597,256 2,535,000 3,473,881 2,670,000 3,344,075 2,810,000 3,207,444 2,960,000 3,063,594 3,115,000 2,912,132 3,275,000 2,752,663 3,450,000 2,584,925 3,630,000 2,408,394 3,810,000 2,227,082 4,006,000 2,041,082 4,200,000 1,845,832 4,410,000 1,640,832 4,635,000 1,425,582 4,870,000 1,196,560 5,120,000 952,994 5,380,000 697,000 5,660,000 572,969 20.000.000 RL433,621 52 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (10) Due to County of Riverside Proiect Area No. 2 Based on an agreement dated July 5, 1989 between the Agency and the County, until the tax increment reaches $5,000,000 annually in Project Area No. 2, the Agency will pay to the County 50% of the County portion of tax increment. At the County's option, the County's pass -through portion can be retained by the Agency to finance new County facilities or land costs that benefit the County and serve the La Quinta population. Per the agreement, the Agency must repay all amounts withheld from the County. The tax increment is to be paid to the County in amounts ranging from $100,000 to $250,000 over a payment schedule through June 30, 2015. Interest does not accrue on this obligation. The balance at June 30, 2004 is $2,050,000. 1 The minimum annual requirements to amortize amounts due to the County of Riverside as of June 30, 2004 are as follows: June 30 Principal 2005 $ 100,000 2006 100,000 2007 1100,000 2008 150,000 2009 200,000 2010 1200,000 2011 200,000 2012 250,000 2013 250,000 1250,000 2014 2015 1250,000 EMI .�I�IZIZI� 53 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) 01) Pass -through Agreements Payable Coachella Valley Unified School District An agreement was entered into in 1991 between the Agency, the City of La Quints. and the Coachella Valley Unified School District (District), which provides for the payment to the District a portion of tax increment revenue associated with properties within District confines. Such payments are subordinate to other indebtedness of the Agency incurred in furtherance of the Redevelopment Plan for Project Area No. 1. This tax increment is paid to the District over a payment schedule through August 1, 2012, in amounts ranging from $421,166 to $834,076, for a total, amount of $15,284,042. Tax increment payments outstanding at June 30, 2004 totaled $6,653,377. The District agrees to use such funds to provide classroom and other construction costs, site acquisition, school busses, and expansion or rehabilitation of current facilities. The minimum annual requirements to amortize payable to Coachella Valley Unified School District as of June 30, 2004 are as follows: June 30 Principal 2005 $ 726,114 2006 740,636 2007 755,449 2008 770,558 2009 785,968 2010 801,688 2011 817,722 2012 834,076 2013 421,166 $6,653,372 (12) Developer Agreement Payable In December 1998, the City entered into a tax sharing agreement with Stamko Development Co. in relation to the development of an auto mall located within the City. For a period of ten years, the agreement requires the City to make quarterly payments to the developer in the amount of 33% of the sales and use tax revenues generated by the site up to a maximum amount of $122,250 in any twelve month period. Additionally, if the sales and use tax revenues generated exceed $530,000, adjusted annually by the CPI index, the City is required to pay $76,411 for that year for a maximum of ten years, based 54 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (12) Developer Agreement Payable (Continued) upon a $500,000 note at an interest rate of 8.5%. During the year ended June 30, 2004, the developer completed all the requirements to be entitled to begin receiving payments from the City. For the year ended June 30, 2004, the City paid the developer $122,250 in sales tax reimbursement and $76,204 since the sales tax generated exceeded the required amount. The balance at June 30, 2004 is $390,050. The minimum annual requirements to amortize the developer agreement payable as of June 30, 2004 are as follows: June 30 Principal Interest Total 2005 $ 69,496 52,754 122,250 2006 75,403 46,847 122,250 2007 81,812 40,438 122,250 2008 88,766 33,484 122,250 2009 96,311 25,939 122,250 2010 104,498 17,752 122,250 2011 104,352 17,898 122,250 20 638 235 855 (13) Debt Without Governmental Commitment The City of La Quinta sold Improvement Bonds issued pursuant to the California State Improvement Act of 1915. The Bonds are payable from the annual installments collected on the regular property tax bills sent to owners of property having unpaid assessments levied against land benefited by the projects. The Bonds are neither general obligations of the City nor any other political subdivision and the full faith and credit of the City is not pledged for repayment thereof. The City is not liable for repayment of the debt, but is only acting as agent for the property owners in collecting the assessments and forwarding the collections to bondholders. The Bonds do not constitute an obligation of the City; therefore, they are not included in the long-term liability in the accompanying financial statements. The following is a summary of Improvement Bonds outstanding at June 30, 2004: Amount Outstanding Proceeds Maturity Date Interest Rate at June 30, 2004 Assessment District No.90-1 $1,227,155 9/2/05 6.5%-7.00% $ 155,000 Assessment District No. 91-1 2,240,866 9/2/06 6.70%-6.80% 420,000 Assessment District No. 92-1 1,880,891 9/2/08 5.00%-5.40% 680,000 Assessment District No.97-1 705,262 9/2/18 4.10%-5.20% 600,000 Assessment District No. 2001-1 2,285,000 9/2/15 5.00%-6.60% 1,880,000 55 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (14) Defined Benefit Pension Plan Plan Description The City of La Quinta contributes to the California Public Employees Retirement System (PERS), an agent multiple -employer public employee defined benefit pension plan. PERS provides retirement, disability benefits, and death benefits to plan members and beneficiaries. PERS acts as a common investment and administrative agent for participating public entities within the State of California. Copies of PERS' annual financial report may be obtained from its executive office at 400 "P" Street, Sacramento, California 95814. Participants are required to contribute 7% of their annual covered salary. The City makes the contributions required of City employees on their behalf and for their account. Benefit provisions and all other requirements are established by state statute and town contract with employee bargaining groups. Under GASB 27, an employer reports an annual pension cost (APC) equal to the annual required contribution (ARC) plus an adjustment for the cumulative difference between the APC and the employer's actual plan contributions for the year. The cumulative difference is called the net pension obligation (NPO). The ARC for the period July 1, 2003 to June 30, 2004 has been determined by an actuarial valuation of the plan as of June 30, 2001. The contribution rate indicated for the period is 0.000% of payroll for the miscellaneous plan. In order to calculate the dollar value of the ARC for inclusion in financial statements prepared as of June 30, 2004, this contribution rate would be multiplied by the payroll of covered employees that was actually paid during the period July 1, 2003 to June 30, 2004. 56 11 1 1 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (14) Defined Benefit Pension Plan, (Continued) A summary of principle assumptions and methods used to determine the ARC is shown below. Valuation Date Actuarial Cost Method Amortization Method Average Remaining Period Asset Valuation Method Actuarial Assumptions Investment Rate of Return Projected Salary Increases Inflation Payroll Growth Individual Salary Growth June 30, 2001 Entry Age Actuarial Cost Method Level Percent of Payroll 16 Years as of the Valuation Date 3 Year Smoothed Market 8.25% (net of administrative expenses) 3.75% to 14.20% depending on Age, Service, and type of employment 3.50% 3.75% A merit scale varying by duration of employment coupled with an assumed annual inflation component of 3.5% and an annual production growth of 0.25%. Initial unfunded liabilities are amortized over a closed period that depends on the plan's date of entry into CalPERS. Subsequent plan amendments are amortized as a level % of pay over a closed 20-year period. Gains and losses that occur in the operation of the plan are amortized over a rolling period, which results in an amortization of 10% of unamortized gains and losses each year. If the plan's accrued liability exceeds the actuarial value of plan assets, then the amortization period may not be lower than the payment calculated over a 30 year amortization period. For the miscellaneous plan, the City was overfunded for the year ended June 30, 2004. Amortization periods are not determined for overfunded plans. The Schedule of Funding Progress below shows the recent history of the actuarial value of assets, actuarial accrued liability, their relationship, and the relationship of the unfunded accrued liability to payroll. FundingPolicy Participants are required to contribute 7% of their annual covered salary. The City makes the contributions required of City employees on their behalf and for their account. The City is required to contribute at an actuarially determined rate. For the year ended June 30, 2004, the rate was 0% of annual covered payroll. The contribution requirements of plan members and the City are established and may be amended by PERS. 1 57 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (14) Defined Benefit Pension Plan, (Continued) Annual Pension Cost For 2004, the City's annual pension cost (employer contribution) in the amount of $0 was equal to the City's required and actual contributions. The required contribution was determined as part of the June 30, 2001, actuarial valuation using the entry age normal actuarial cost method. The actuarial assumptions included (a) 8.25% investment rate of return (net of administrative expenses), (b) projected annual salary increases that vary by duration of service, and (c) 2% per year cost -of -living adjustments. Both (a) and (b) included an inflation component of 4.5%. The actuarial value of PERS assets was determined using techniques that smooth the effects of short-term volatility in the market value of investments over a four-year period (smoothed market value). Any unfunded actuarial accrued liability is amortized as a level percentage of projected payroll on a closed basis. PERS combines the prior service unfunded liability and the current service unfunded liability into a single initial unfunded liability. The single funding horizon for the unfunded liability is June 30, 2011. Miscellaneous Employees Three -Year Trend Information Annual Pension Percentage of Net Pension Fiscal Year Cost (APC) APC Contributed Obli ag tion 6/30/02 $1,369 100% -0- 6/30/03 0 100% -0- 6/30/04 0 100% -0- Required Supplementary Information ($ amount in thousands) Entry Age Normal Actuarial Unfunded Annual UAAL Accrued Value Liability/ Covered As a % of Valuation Date Liabili of Assets (Excess Assets) Funded Status Payroll Payroll 06/30/00 $5,704,327 8,340,014 (2,635,687) " 146.2% 3,146,845 (83.8%) 06/30/01 6,314,188 8,806,753 (2,492,565) 139.5% 3,349,776 (74.4%) 06/30/02 8,374,878 8,708,115 (333,237) 104.0% 3,783,079 (8.8%) Information for the June 30, 2003 valuation date was not available for inclusion in the financial statements. 58 CITY OF LA QUINTA Notes to the Basic Financial Statements ' (Continued) ' (15) Claims Payable/Self Insurance The City is a member of the California Joint Powers Insurance Authority (Authority). ' The Authority is composed of 106 California public entities and is organized under a joint powers agreement pursuant to California Government Code Section 6500, et seq. The purpose of the Authority is to arrange and administer programs for the pooling of ' self -insured losses, to purchase excess insurance or reinsurance, and to arrange for group - purchased insurance for property and other coverages. The Authority's pool began covering claims of its members in 1978. Each member government has a representative on the Board of Directors. The Board operates through a 9-member Executive Committee. General Liability ' Each member government pays a primary deposit to cover estimated losses for a fiscal year (claims year). Six months after the close of a fiscal year, outstanding claims are valued. A retrospective deposit computation is then made for each open claims year. Costs are spread to members as follows: the first $30,000 of each occurrence is charged directly to the city; costs from $30,001 to $750,000 are pooled based on a members share ' of costs under $30,000; costs from $750,001 to $15,000,000 are pooled based on payroll. Costs to covered claims above $15,000,000 are currently paid by reinsurance. The protection for the City is $50,000,000 per occurrence and $50,000,000 annual aggregate. Workers Compensation The City also participates in the workers compensation pool administered by the Authority. Pool deposits and retrospective adjustments are valued in a manner similar to the General Liability pool. The City of La Quinta is charged for the first $10,000 of each claim. Costs above that level are pooled to $50,000. Costs from $50,001 to $100,000 per ' claim are pooled based on the City's losses under its retention level. Costs between $100,001 and $2,000,000 per claim are pooled based on payroll. Costs between $2,000,000 and $50,000,000 are paid by excess insurance purchased by the Authority. Costs in excess of $50,000,000 are pooled by the members based on payroll. During the past three fiscal years none of the above programs of protection have had settlements or judgments that exceeded pooled or insured coverage. There have been no significant reductions in pooled or insured liability coverage from coverage provided for the prior year. 1 59 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (16) Contingencies Various claims and suits have been filed against the City in the normal course of operations. Although the outcome of these lawsuits is not presently determinable, in the opinion of management, the resolution of these matters will not have a material adverse effect on the financial position of the City. (17) Educational Revenue Augmentation Fund (ERAF) Payment During fiscal year ended June 30, 2004, Chapter 1127 of the 2002 Statutes of the State of California require redevelopment agencies to shift $135,000,000 in property tax revenue to kindergarten through twelfth grade schools and community colleges. The State Department of Finance has determined that the La Quinta Redevelopment Agency amount is $1,467,995 of the $135,000,000, which was forwarded to the Riverside County Auditor in accordance with the statute. (18) Interfund Receivables and Pavables Current interfund receivables and payables balances at June 30, 2004 are as follows: Due from other funds Due to other funds Amount General Fund Other governmental funds $ 26,580 (A) Capital Improvement Fund Other governmental funds 2,756,703 (B) Capital Improvement Fund. Other governmental funds $2.783.283 (A) Short term borrowing to cover temporary cash shortfalls. (B) Short term borrowing to cover June 2004 construction project expenditures. Noncurrent interfund receivable and payable balances at June 30, 2004 are as follows: Advances to other funds Advances from other funds Amount General Fund RDA Debt Service — PA No. 1 $12,335,283 (C) RDA Debt Service — PA No. 2 16,335,800 (D) Subtotal 28,671,083 RDA Capital Projects — PA No. 1 Other governmental funds 4,075,463 (E) Other governmental funds Other governmental funds 1,260,695 (F) . Total $34.007.241 CITY OF LA QUINTA Notes to the Basic Financial Statements ' (Continued) 18) Interfund Recei_v_ables and Pavables, (Continued (C) As of June 30, 2004, the amount due to the General Fund From RDA Debt Service — PA No. 1 was $12,335,283. This consists of an outstanding advance of $5,938,154 loaned to the Redevelopment Agency with no required repayment date and accrues interest at 10% per annum. Also, in April 2003, the General ' Fund advanced $6,105,000 to the RDA Debt Service PA No. 1 to provide funding for capital projects within the project area. As of June 30, 2004, the outstanding advance amount is $6,397,129. The advance accrues interest at 7% per annum and is to be repaid by November 29, 2033. (D) As of June 30, 2004, the amount due to the General Fund From RDA Debt Service — PA No. 2 was $16,335,283. This consists of an outstanding advance of ' $10,535,800 loaned to the Redevelopment Agency with no required repayment date and accrues interest at 10% per annum. In June 2004, an advance of $5,800,000 was made to provide funding for ' purchase of land for affordable housing and commercial development. The advance accrues interest at 7% per annum and is to be repaid by the date of the sale of the commercial property or May 1, 2030, whichever comes first. ' (E) In January 2002, the Redevelopment Agency Capital Projects — PA No. 1 Fund advanced $2,448,263 to the Parks and Recreation Fund to provide funding for civic center campus improvements. The advance accrues interest at the earnings rate of the City's investment pool funds. Annual installments due July 31, 2002 and 2003 shall not be less than the amount of park facility developer impact fees collected by the City during the period to which a particular installment payment ' applies. In July 2002, another advance of $1,908,192 was made to provide funding for the ' development of the publicly owned improvements to the La Quinta Community Park. Annual payments will be determined by City Council. The remaining balance of these advances at June 30, 2004 is $4,075,463. (F) In February 2003, the Redevelopment Agency Capital Projects — PA No. 2 Fund advanced $1,500,000 to the Fire Facility Fund to provide funding for the development of the City's north fire station. The advance accrues interest equal ' to the earning rate of the City's Investment Pool Funds and is to be repaid by the year 2039. As of June 30, 2004, the remaining balance of the advances at June 30, 2004 is $1,260,695. 1 61 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (19) Construction Commitments The following material construction commitments existed at June 30, 2004: Expenditures as of Remaining Proiect Name June 30, 2004 Commitments Silver Rock Resort $11,378,482 Phase 2 — Jefferson Street Improvements (Hwy. 111) 5,750,929 Vista Dunes Mobile Home Park 3,096,325 Municipal Library 328,480 Phase 2 — Washington Street Improvements and Median Landscaping 80,130 (20) Interfund Transfers Interfund transfers were as follows for the year ended June 30, 2004: Transfer In General Fund RDA Debt Service — PA No. 1 Fund RDA Debt Service — PA No. 2 Fund Subtotal RDA Debt Service — PA No. 2 Fund Capital Improvement Fund Capital Improvement Fund Capital Improvement Fund Subtotal Capital Improvement Fund RDA Capital Projects — PA No. 1 Fund Non -Major Funds Non -Major Funds 2004 Low/Moderate Bond Fund Transfer Out Non -Major Funds Non -Major Funds Non -Major Funds 36,198,543 7,128,094 3,308,134 4,555,587 1,334,038 Amount 183,289 18,693,322 (A) 4,922,224 (B) General Fund 957,002 2004 Low/Moderate Bond Fund 8,669,035 (C) Non -Major Funds 34,999,311 (D) 44,625,348 Capital Improvement Fund 14,064,243 (E) General Fund 2,000 RDA Debt Service — PA No. 2 Fund 5,800,000 (F) Non -Major Funds 66,323,236 (G) 62 ' CITY OF LA QUINTA Notes to the Basic Financial Statements ' (Continued) (20) Interfund Transfers. (Continued) The following describes the major transfers in and transfers out included in the financial ' statements: Transfers to Major Funds ' (A) $16,961,867 was transferred to the RDA Debt Service — PA No. 1 Fund from the 2004 Financing Authority Capital Projects fund to provide funding for the ' defeasance of a portion of the 1995 Housing Tax Allocation Bonds. $1,731,455 was transferred to the RDA Debt Service — PA No. 1 Fund from the Low and Moderate Income Housing Fund — Project Area No. 1 Fund for debt service payments on amounts due to the 1995 Housing Tax Allocation Bonds. ' (B) $4,584,240 was transferred to the RDA Debt Service — PA No. 2 Fund from the 2004 Financing Authority Capital Projects Fund to provide funding for the ' defeasance of a portion of the 1995 Housing Tax Allocation Bonds. (C) $8,669,035 was transferred to the Capital Improvement Fund from the 2004 ' Financing Authority Bond Fund for the production of low and moderate income housing units. (D) $19,777,414 was transferred to the Capital Improvement Fund from RDA Capital Projects — PA No. 1 Taxable Fund to fund the construction of the SilverRock resort capital project. $5,623,604 was transferred to the Capital Improvement Fund from the RDA Capital Projects — PA No. 2 Fund for various capital projects. (E) $14,064,243 was transferred to the Capital Improvement Fund from the RDA Capital Projects — PA No. 1 Fund for various capital projects. ' (F) $5,800,000 was transferred to the RDA Capital Projects — PA No. 2 Fund from the RDA Debt Service — PA No. 2 Fund to purchase property in the Project Area. (G) $66,323,236 was transferred to the 2004 Financing Authority Bond Fund from the 2004 Financing Authority Capital Projects Fund to fund the production of low and moderate income housing units. 1 1 1 63 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (21) Fund Deficits The following fund had a deficit balance at June 30, 2004: Special Revenue Fund: Federal Assistance Debt Service Fund: Redevelopment Agency — PA No. 2 Capital Projects Fund: Parks and Recreation Fire Facility Redevelopment Agency — PA No. 2 $ 10,073 11,104,297 3,861,652 1,260,889 The deficit was created by outstanding advances from the General Fund which are intended to be paid back in the future with anticipated tax increment revenues. Parks and Recreation The deficit was created by outstanding advances from Capital Projects Funds — PA No. 1 and 2 to accelerate park projects. The advances are intended to be paid back in the future with future park developer impact fee collections. Fire Facility The deficit was created by transfers to the Capital Improvements Capital Projects Fund for the construction of a fire station. The cost for the current year exceeded the developer fees collected in this fund. (22) Expenditures in Excess of Appropriations Expenditures for the year ended June 30, 2004 exceeded the appropriations of the following funds/departments: Budget Actual Variance General Fund: City Manager $523,646 562,001 (38,355) Building Civic Center Building 868,139 467,714 1,131,823 484,455 (263,684) (16,741) Parks and Recreation Programs 100,048 135,285 (35,237) Capital Projects Administration 127,263 565,551 (438,288) 0 CITY OF LA QUINTA Notes to the Basic Financial Statements ' (Continued) ' (22) Expenditures in Excess of Appropriations, (Continued) 11 1 Special Revenue Funds: South Coast Air Quality Budget Actual 14,827 17,386 Capital Projects Funds: Parks and Recreation - 103,476 Civic Center 204,251 207,156 Redevelopment Agency Project Area No. 1 115,953 174,152 (23) Conduit Debt Financing 2002 Series A Variable Rate Multifamily Housing Revenue Bonds Variance (2,559) (103,476) (2,905) (58,199) hi March 2002, the La Quinta Redevelopment Agency issued $5,000,000 of 2002 Series A Variable Rate Multifamily Housing Revenue Bonds to provide financing for the acquisition, construction and equipping of a multifamily senior rental housing project known as Miraflores Apartments located in the City of La Quinta. The bonds mature on May 15, 2035. Outstanding bonds at June 30, 2004 are $5,000,000. The bonds are secured solely by the credit facility, Fannie Mae, and by a pledge of the trust estate comprised of bond proceeds and property. The bonds are not obligations of the issuer, but payable solely from the security. 2002 Series B Multifamily Housing Revenue Bonds ' In April 2002, the La Quinta Redevelopment Agency issued $3,000,000 of 2002 Series B Multifamily Housing Revenue Bonds to provide financing for the acquisition, construction and equipping of a multifamily senior rental housing project known as Miraflores Apartments located in the City of La Quinta. The bonds mature on June 1, ' 2035 and bear interest at 5.5% per annum. Outstanding bonds at June 30, 2004 are $3,000,000. The bonds are secured solely by the credit facility, Fannie Mae, and by a pledge of the trust estate comprised of bond proceeds and property. The bonds are not obligations of the issuer, but payable solely from the security. 1 65 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (24) ' Unreserved Fund Balances Unreserved fund balances at June 30, 2004 consisted of the following: Capital Debt Service Projects Other General Financing RDA RDA Governmental Fund Authori PA No. 2 PA No. 1 Funds Total Designated for: Emergency reserve $11,915,000 - - - - - 11,915,000 Cash flows 2,175,000 2,175,000 Operationstprojects/ transfers 11,404,479 - - - - 11,404,479 Undesignated 5,052 - (11,104,297) 14.055,851 23,830,848 26,787,454 Total unreserved fund - balances (deficit) 5= (11.104.2971 8 $,. 52.281.933 66 I 1 11 11 1 1 1 REQUIRED SUPPLEMENTARY INFORMATION 67 GENERAL FUND GENERAL FUND - The primary fund of the City used to account for all revenue and expenditures of the City not legally restricted as to use. A broad range of municipal activities are provided through this fund including City Manager, City Attorney, Finance, City Clerk, Community Development, Police Services, Public Works, Building and Safety, and Community Services. 68 ' CITY OF LA QUINTA Notes to Required Supplementary Information ' Year ended June 30, 2004 11 Budeets and Budaetary Accountin ' The City adopts an annual budget prepared on the modified accrual basis of accounting for its governmental funds and on the accrual basis of accounting for its proprietary funds. The City Manager or his designee is authorized to transfer budgeted amounts between the accounts of any department. Revisions that alter the total appropriations of ' any department or fund are approved by City Council. Additional appropriations in the amount of $32,573,559 were made during the year. Prior year appropriations lapse unless they are approved for carryover into the following fiscal year. Expenditures may not legally exceed appropriations at the department level. Reserves for encumbrances are not recorded by the City of La Quinta. ' (2) Expenditures in Excess of Appropriations Expenditures for the year ended June 30, 2004 exceeded the appropriations of the ' following funds/departments: Budget Actual Variance General Fund: ' City Manager $523,646 562,001 (38,355) Building 868,139 1,131,823 (263,684) Civic Center Building 467,714 484,455 (16,741) Parks and Recreation Programs 100,048 135,285 (35,237) ' Capital Projects Administration 127,263 565,551 (438,288) 1 1 1 69 CITY OF LA QUINTA General Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Variance with Prior Budget Final Budget Year Original Final Actual Positive (Negative) Actual Revenues: Taxes $ 10,721,600 10,721,600 13,184,050 2,462,450 11,572,985 Licenses and permits 857,500 1,087,500 3,096,145 2,008,645 1,982,127 Charges for services 1,404,023 1,080,123 2,619,578 1,539,455 2,302,759 Intergovemmental 4,073,400 4,679,563 4,895,986 216,423 4,394,046 Investment income 1,468,800 2,417,882 2,335,154 (82,728) 1,894,303 Miscellaneous 3,000 - 109,388 109,388 87,236 Total revenues 18,528,323 19,986,668 26,240,301 6,253,633 22,233,456 Expenditures: General government: Legislative 677,100 919,600 640,438 279,162 562,397 City manager 580,556 523,646 562,001 (38,355) 424,596 Economic development 772,850 821,350 720,748 100,602 774,128 Personnel 631,002 631,502 584,127 47,375 376,300 Fiscal services 496,651 456,038 440,735 15,303 375,027 Central services 501,562 748,086 613,912 134,174 331,493 City clerk 347,963 358,463 330,259 28204 296,635 Total general government 4,007,684 4,458,695 3,892,220 566,465 3,140,576 Public safety: Police 5,186,869 5,293,749 5,285,180 8,569 4,485,189 Building and safety administrative 209,425 209,425 203,616 5,809 178,681 Code compliance 655,449 655,449 520,714 134,735 521,909 Animal control 229,922 229,922 188,718 41,204 170,115 Building 680,639 868,139 1,131,823 (263,684) 867,135 Emergency services 48,945 48,945 26,316 22,629 23,159 Fire 2,180,000 2,342,380 1,831,358 511,022 1,525,113 Civic center building 443,714 467,714 484,455 (16,741) 431,107 Total public safety 9,634,963 10,115,723 9,672,180 _443,543 8,202,408 Community services: Senior center 324,574 347,635 312,606 35,029 269,386 Parks and recreation administration 574,520 765,246 577,506 187,740 619,777 Parks and recreation programs 100,048 100,048 135,285 (35,237) 102,395 Total community services 999,142 1,212,929 1,025,397 187,532 991,558 (Continued) 70 CITY OF LA QUINTA General Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual ' (Continued) tVariance with Prior Budget Final Budget Year Original Final Actual Positive (Negative) Actual Planning and development: Community development administration 416,160 710,352 350,514 359,838 280,908 ' Current planning 447,777 591,429 399,930 191,499 393,542 Total planning ' and development 863,937 1,301,781 750,444 551,337 674,450 Public works: Public works administration 182,218 154,509 91,738 62,771 139,120 ' Development and traffic 753,443 1,131,325 1,046,022 85,303 1,060,949 Maintenance/operations - St. 582,196 1,703,252 501,650 1,201,602 181,228 Maintenance/operations- L & L 1,077,008 1,147,142 898,833 248,309 789,483 ' Capital projects administration 351,248 127,263 565,551 (438,288) 140,656 Total public works 2,946,113 4,263,491 3,103,794 1,159,697 2,311,436 tTotal expenditures 18,451,839 21,352,609 18,444,035 2,908,574 15,320,428 ' Excess (deficiency) of revenues over (under) expenditures 76,484 (1,365,941) 7,796,266 9,162,207 6,913,028 ' Other financing sources (uses): Transfers in 130,000 302,989 193,289 (119,700) 162,398 t Transfers out (200,454) (1,736,853) (959,002) 777,851 (270,346 ) Total other financing sources (uses) (70,454) (1,433,864) (775,713) 658,151 (107,948) ' ' Net change in fund balance 6,030 (2,799,805) 7,020,553 9,820,358 6,805,080 Fund balance at beginning of year 47,684,683 47,684,683 47,684,683 40,879,603 Fund balance at end of year $ 47,690,713 44,884,878 54,705,236 9,820,358 47,684,683 71 (This page intentionally left blank) 72 I t C� C SUPPLEMENTARY SCHEDULES 1 73 CITY OF LA QUINTA Non -Major Governmental Funds Combining Balance Sheet June 30, 2004 Special Capital Revenue Projects Totals Funds Funds 2004 2003 Assets Cash and investments $ 9,128,781 14,014,300 23,143,081 22,215,751 Cash with fiscal agent - 8,545,446 8,545,446 17 Accounts receivable 83,642 63,104 146,746 139,347 Interest receivable 33,377 48,668 82,045 - Notes receivable 12,741,527 - 12,741,527 12,613,565 Due from other governments 141,715 - 141,715 165,249 Advances to other funds - 1,260,695 1,260,695 1,109,846 Deposits - - - 185,000 Total assets $ 22,129,042 23,932,213 46,061,255 36,428,775 Liabilities and Fund Balances Liabilities: Accounts payable $ 46,046 16,894 62,940 78,363 Deferred revenue 10,618,102 - 10,618,102 10,495,979 Deposits payable 18,664 27,835 46,499 47,143 Due to other governments - - - 21,694 Due to other funds 36,346 2,746,937 2,783,283 72,378 Advances from other funds - 5,336,158 5,336,158 4,921,720 Total liabilities 10,719,158 8,127,824 18,846,982 15,637,277 Fund balances: Reserved for: Notes receivable 2,123,425 2,123,425 12,613,565 Deposits - - - 185,000 Unreserved: Designated for capital projects - 23,673,560 23,673,560 9,106,480 Undesignated 9,286,459 7,869,171 1,417,288 1,113,547 Total fund balances 11,409,884 15,804,389 27,214,273 20,791,498 Total liabilities and fund balances $ 22,129,042 23,932,213 46,061,255 36,428,775 74 ' CITY OF LA QUINTA Non -Major Governmental Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances ' Year ended June 30, 2004 ' Special Capital Revenue Projects Totals Funds Funds 2004 2003 ' Revenues: Taxes $ 9,023,407 - 9,023,407 7,750,765 Developer fees 1,273,832 4,444,241 5,718,073 3,021,245 ' Intergovernmental 831,259 200,000 1,031,259 861,001 Investment income 141,461 343,319 484,780 549,082 Special assessments 816,045 - 816,045 780,259 ' Rental income 431,178 431,178 376,863 Miscellaneous 1,087,465 1,087,465 280,752 ' Total revenues 13,604,647 4,987,560 18,592,207 13,619,967 Expenditures: ' Current: General government 207,156 207,156 203,831 Public safety 528 - 528 142,020 Community services - - - 2,406 ' Planning and development 4,171,309 174,152 4,345,461 5,094,500 Public works 1,369,745 63,050 1,432,795 1,373,614 Capital outlay 124,821 - 124,821 111,945 ' Debt service: Principal 113,662 113,662 - Interest - - 52,523 ' Fiscal charges - 3,025,628 3,025,628 - Total expenditures 5,666,403 3,583,648 9,250,051 6,980,839 ' Excess(deficiency)of revenues over (under) ' expenditures 7,938,244 1,403,912 9,342,156 6,639,128 Other financing sources (uses): Issuance of tax allocation bonds - 26,400,000 26,400,000 - ' Issuance of revenue bonds - 90,000,000 90,000,000 - Transfers in 2,000 5,800,000 5,802,000 1,310,913 Transfers out (8,215,378) (116,906,003) (125,121,381) (14,577,346) ' Total other financing sources (uses) (8,213,378) 5,293,997 (2,919,381) (13,266,433) ' Net change in fund balances (275,134) 6,697,909 6,422,775 (6,627,305) Fund balances at ' beginning of year 11,685,018 9,106,480 20,791,498 27,418,803 Fund balances at end of year $ 11,409,884 15,804,389 27,214,273 20,791,498 ' 75 (This page intentionally left blank) 76 I 1 ' NON -MAJOR SPECIAL REVENUE FUNDS Special revenue funds are used to account for specific revenues (other than expendable trusts and major capital projects) and the related expenditures that are legally required to be accounted for ' in a separate fund. The City of La Quinta has the following Special Revenue Funds: 1 State Gas Tax Fund - To account for gasoline allocations made by the State of California. These revenues are restricted by the State to expenditures for street -related purposes only. Federal Assistance Fund - To account for revenues from the Community Development Block Grants received from the Federal Government and the expenditures of those resources. 1 Lighting and Landscape Special Assessment District 89-1 Fund - To account for special assessments levied on real property and the expenditure thereof from City-wide lighting and landscape maintenance and improvements. State Law Enforcement Block Grant (SLEBG) Fund - To account for state funded "Citizens for Public Safety" (COPS) program activities, as per Assembly Bill 3229, which supplements frontline police services such as anti -gang community crime prevention. Quimby Fund - To account for the accumulation of developer fees received under the provisions of the Quimby Act for park development and improvements. Capital projects to be funded from this source will be budgeted and expended in a separate capital projects fund. La Quinta Public Safety Officer Fund - To account for contributions to be distributed to public safety officers disabled or killed in the line of duty. Arts in Public Places — To account for development fees paid in lieu of acquisition and installation of approved artworks in a development with expenditures restricted to acquisition, ' installation, maintenance and repair of artworks at approved sites. South Coast Air Quality Fund - To account for contributions from the South Coast Air Quality ' Management District. Use of such contributions is limited to reduction and control of airborne pollutants. ISTEA Fund — To account for funds provided by the Intermodal Surface Transportation Act. Funds are designated for use on transportation -related projects. Local Law Enforcement Block Grant (LLEBG) Fund - To account for Federal Bureau of Justice Block Grant program, which may be used for the purpose of reducing crime and improving public safety. Coachella Valley Violent Crime Task Force Fund — To account for the activities of the Coachella Valley Violent Crime Task Force. Redevelopment Agency, Low and Moderate Income Housing P.A. No. I and No. 2 Funds - To ' account for the required 20% set aside of property tax increments that is legally restricted for increasing or improving housing for low and moderate income households. ' Redevelopment Agency, Low and Moderate Bond Fund P.A. No. I Fund - To account for bond proceeds and expenditures of bond -financed low and moderate income housing programs. 77 CITY OF LA QUINTA Non -Major Special Revenue Funds Combining Balance Sheet June30,2004 Lighting Arts in State Federal and Public Public South Coast e Gas Tax Assistance Landscape SLEBG Quimby Safety Places Air Quality Assets Cash and investments $ 408,042 592,809 8,377 761,725 123,395 Cash with fiscal agent - - - - Accounts receivable - - 2,963 466 Interest receivable 1,492 2,226 36 Notes receivable - - - Due from other governments 26,273 9,278 Deposits - Total assets $ 409,534 26,273 595,035 8,413 764,688 133,139 Liabilities and Fund Balances Liabilities: Accounts payable $ 3,093 Deferred revenue - Deposits payable Due to other governments Due to other funds 10,073 26,273 Total liabilities 10,073 26,273 3,093 Fund balances: Reserved for: Notes receivable Deposits - Unreserved 409,534 (10,073) 595,035 8,413 764,688 130,046 Total fund balances 409,534 (10,073) 595,035 8,413 764,688 130,046 Total liabilities and fund balances $ 409,534 26,273 595,035 8,413 764,688 133,139 78 Low/ Low/ Moderate Moderate Low/ ' CV Violent Income Income Moderate Crime Task Housing- Housing- Bond- Totals ISTEA LLEBG Force PA No. 1 PA No. 2 PA No. I 2004 2003 1,588,670 5,645,763 9,128,781 9,286,031 ' - 17 71,713 8,500 83,642 78,447 7,370 22,253 - 33,377 - ' 3,241,527 9,500,000 - 12,741,527 12,613,565 58,936 47,228 - 141,715 165,249 ' - 185,000 - 4,968,216 15,223,744 - 22,129,042 22,328,309 - 21,302 21,651 - 46,046 52,010 1,118,102 9,500,000 10,618,102 10,495,979 - 18,664 - - 18,664 19,308 21,694 ' 36,346 54,300300 1,158,068 9,521,651 10,719,158 10,643,291 ' 2,123,425 2,123,425 12,613,565 - - - - 185,000 1,686,723 5,702,093 - 9,286,459 (1,113,547) 3,810,148 5,702,093 - 11,409,884 11,685,018 1 4,968,216 15,223,744 - 22,129,042 22,328,309 1 1 79 CITY OF LA QUANTA Non -Major Special Revenue Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30, 2004 Revenues: Taxes Developer fees Intergovernmental Investment income Special assessments Rental income Miscellaneous Total revenues Expenditures: Current: Public safety Community services Planning and development Public works Capital outlay Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Transfers out Total other financing sources(uses) Net change in fund balances Fund balances at beginning of year Fund balances (deficit) at end of year Lighting Arts in Gas Federal and Public Public Tax Assistance Landscape SLEBG Quimby Safety Places - - 344,198 287,054 605,143 30,000 100,000 - - 7,116 - - 122 8,387 159 13,578 - 816,045 - - - - 612,259 30,000 816,045 100,122 352,585 159 300,632 553,700 816,045 - - - - 124,821 553,700 - 816,045 - - 124,821 58,559 30,000 - 100,122 352,585 159 175,811 23,725 32,753 23,725 32,753 34,834 (2,753) - - 2,000 - 107,974 14( 6,321) 19166 (107,9 74) 146,321 2,000 (19,16 6) (7,852) 206,264 2,159 156,645 374,700 7,320 7,852 388,771 6,254 608,043 $ 409,534 10,073 - 5959035 8,413 764,688 80 1 Low/ Low/ Moderate Moderate Low/ ' CV Violent Income Income Moderate South Coast Crime Task Housing- Housing- Bond- Totals Air Quaility ISTEA LLEBG Force PA No. I PA No. 2 PA No. 1 2004 2003 - 5,991,739 3,031,668 - 9,023,407 7,750,765 _ 20,275 622,305 - 1,273,832 319,970 ' 35,448 41,450 19,218 831,259 859,001 2,072 - 523 - 109,504 141,461 216,015 _ _ _ _ - - 816,045 780,259 - 367,598 63,580 - 431,178 376,863 856,474 230,991 1,087,465 280,752 ' 37,520 41,450 19,741 - 7,236,086 4,058,048 - 13,604,647 10,583,625 ' - - - 528 - - - 528 142,020 _ - - - - 2,406 17,386 3,591,028 562,895 - 4,171,309 4,876,898 _ _ - - 1,369,745 1,373,614 _ - - 124,821 111,948 ' 6,506,886 17,386 528 3,591,028 562,895 5,666,403 20,134 41,450 19,741 528 3,645,058 3,495,153 - 7,938,244 4,076,739 ' _ _ _ _ _ - - 2,000 2,000 41,450 45,316 3,948,080 3,775,970 74,623 8,215,378 (6,696,134) ' 41,450 45,316 3,948,080 (3,775,970) 74,623 8,213,378 6,694,134 ' 20,134 - (25,575) (528) (303,022) (280,817) (74,623) (275,134) (2,617,395) 109,912 25,575 528 4,113,170 5,982,910 74,623 11,685,018 14,302,413 1 130,046 3,810,148 5,702,093 - 11,409,884 11,685,018 81 CITY OF LA QUINTA Special Revenue Funds State Gas Tax Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Intergovernmental $ 546,100 506,800 605,143 98,343 558,086 Investment income 7,600 7,600 7,116 484 7,985 Total revenues 553,700 514,400 612,259 97,859 566,071 Expenditures: Current: Public works 553,700 553,700 553,700 - 569,900 Total expenditures 553,700 553,700 553,700 - 569,900 Excess (deficiency) ofrevenues over(under)expenditures - (39,300) 58,559 97,859 (3,829) Other financing sources (uses): Transfers out - 205,206 23,725 181,481 Net change in fund balances - (244,506) 34,834 279,340 (3,829) Fund balances at beginning of year 374,700 374,700 3747700 378,529 Fund balances at end of year $ 374,700 130,194 409,534 279,340 374,700 m ' CITY OF LA QUINTA Special Revenue Funds Federal Assistance Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 ' Revenues: Intergovernmental ' Total revenues Other financing sources (uses): ' Transfers out Total other financing ' sources (uses) Net change in fund balances ' Fund balances (deficit) at beginning of year Fund balances (deficit) at end of year Budget Original Final $ 165,000 339,427 165,000 339,427 Variance with Final Budget Actual Positive (negative) 30,000 309,427 30,000 309,427 Prior Year 30,000 30,000 (30,000 ) 331,932 32,753 299,179 37,320 30,000 331,932 32,753 299,179 37,320 135,000 7,495 (2,753) (10,248) (7,320) 7,320 7,320 $ 127,680 175 (7,320) 10,073 (10,248 7,320 N. CITY OF LA QUINTA Special Revenue Funds Lighting and Landscape Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Special assessments Total revenues Expenditures: Current: Public works Total expenditures Net change in fund balances Fund balances at beginning of year Fund balances at end of year Budget Original Final $ 854,600 854,600 854,600 854,600 Variance with Prior Final Budget Year Actual Positive (negative) Actual 816,045 (38,555 780,259 816,045 38,555 780,259 854,600 854,600 816,045 38,555 803,714 854,600 854,600 816,045 38,555 803,714 - - - - (23,455) 23,455 M. 1 ' CITY OF LA QUINTA Special Revenue Funds ' State Law Enforcement Block Grant Fund Schedule of Revenues, Expenditures and Changes ' in Fund Balances - Budget and Actual Year ended June 30, 2004 Variance with Prior ' Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Intergovernmental $ 100,000 100,000 100,000 - 100,713 Investment income 700 700 122 578 279 Total revenues 100,700 100,700 100,122 578 100,992 ' Other financing sources (uses): Transfers out 107,926 107,974 48 100,287 ' Total other financing sources (uses) 107,926 107,974 48 100,28 ' Net change in fund balances 100,700 (7,226) (7,852) (626) 705 Fund balances at beginning of year 7,852 7,852 7,852 - 7,147 ' Fund balances at end of year $ 108,552 626 626 7,852 1 1 ' 85 CITY OF LA QUINTA Special Revenue Funds Quimby Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Developer fees Investment income Total revenues Other financing sources (uses): Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year Variance with Budget Final Budget Original Final Actual Positive (negative) $ 25,000 25,000 344,198 319,198 3,900 3,900 8,387 4,487 28,900 28,900 352,585 323,685 301,583 146,321 301,583 146,321 28,900 (272,683) 206,264 388,771 388,771 388,771 $ 417,671 116,088 595,035 155,262 155,262 478,947 478,947 Prior Year Actual 91,926 9,103 101,029 74,928 74,928 26,101 362,670 388,771 (� CITY OF LA QUINTA Special Revenue Funds tPublic Safety Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 1 ' Variance with Prior Budget Final Budget Year ' Original Final Actual Positive (negative) Actual Revenues: Investment income $ 300 300 159 (141) 289 Total revenues 300 300 159 141) 289 Expenditures: Current: ' Public safety - 2,000 - 2,000 10,000 Total expenditures - 2,000 - 2,000 10,000 ' Excess (deficiency) of revenues over (under) expenditures 300 1,700 159 1,859 (9,711 ) ' Other financing sources (uses): Transfers in - 2,000 2,000 - 2,000 ' Total other financing ' sources (uses) 2,000 2,000 2,000 2,000 Net change in fund balances 2,300 300 2,159 1,859 (7,711) ' Fund balances at beginning of year 6,254 6,254 6,254 - 13,965 Fund balances at end of year $ 8,554 6,554 8,413 1,859 6,254 a CITY OF LA QUINTA Special Revenue Funds Arts in Public Places Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Developer fees $ 97,500 97,500 287,054 189,554 228,044 Investment income 5,100 5,100 13,578 8,478 13,374 Total revenues 102,600 102,600 300,632 198,032 241,418 Expenditures: Current: Community services - - - - 2,406 Capital outlay 330,540 507,709 124,821 382,888 111,948 Total expenditures 330,540 507,709 124,821 382,888 114,354 Excess (deficiency) of revenues over (under) expenditures 227,940 (405,109 175,811 580,920 127,064 Other financing sources (uses): Transfers out - 28( 5,153) 19,166 265,987 200,108 Net change in fund balances (227,940) (690,262) 156,645 846,907 (73,044) Fund balances at beginning of year 608,043 608,043 608,043 - 681,087 Fund balances at end of year $ 380,103 82,219 764,688 846,907 608,043 7P CITY OF LA QUINTA Special Revenue Funds ' South Coast Air Quality Fund Schedule of Revenues, Expenditures and Changes ' in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: ' Intergovernmental Investment income L i 1 1 1 Total revenues Expenditures: Current: Planning and development Total expenditures Net change in fund balances Fund balances at beginning of year Fund balances at end of year Budget Original Final Variance with Prior Final Budget Year Actual Positive (negative) Actual $ 21,800 238,204 35,448 2,000 2,000 2,072 23,800 240,204 37,520 14,827 17,386 - 14,827 17,386 23,800 225,377 20,134 109,912 109,912 109,912 $ 133,712 335,289 130,046 (202,756) 72 202,684 (2,559 2,559 (205,243) 205,243 33,538 2,043 35,581 8,043 8,043 27,538 82,374 109,912 89 CITY OF LA QUINTA Special Revenue Funds ISTEA Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Intergovernmental Investment income Total revenues Other financing sources (uses): Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual $ - 595,235 41,450 (553,785) - - 595,235 41,450 553,785 - - 595,235 41,450 553,785 - 595,235 41,450 553,785 a 1 ' CITY OF LA QUINTA Special Revenue Funds ' LLEBG Schedule of Revenues, Expenditures and Changes ' in Fund Balances - Budget and Actual Year ended June 30, 2004 ' Variance with Prior Budget Final Budget Year ' Original Final Actual Positive (negative) Actual Revenues: ' Intergovernmental $ - 19,218 19,218 - 24,243 Investment income 700 700 523 177 1,152 Total revenues 700 19,918 19,741 (177) 25,395 Other financing sources (uses): ' Transfers out 25,778 45,316 19,538 32,111 Total other financing ' sources (uses) 25,778 45,316 19,538 32,111 Net change in fund balances 700 (5,860) (25,575) (19,715) (6,716) ' 32,291 Fund balances at beginning of year 25,575 25,575 25,575 ' Fund balances at end of year $ 26,275 19,715 - 19,715 25,575 ' 91 CITY OF LA QUINTA Special Revenue Funds CV Violent Crime Task Force Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Intergovernmental $ - - - - 112,421 Investment income - - - 1,274 Miscellaneous - Total revenues - - - 113,695 Expenditures: Current: Public safety 528 528 - 132,020 Total expenditures - 528 528 - 132,020 Net change in fund balances - (528) (528) - (18,325) Fund balances at beginning of year 528 528. 528 - 18,853 Fund balances (deficit) at end of year $ 528 - - - 528 OPA ' CITY OF LA QUINTA Special Revenue Funds Low/Moderate Income Housing Project Area No. 1 Fund Schedule of Revenues, Expenditures and Changes ' in Fund Balances - Budget and Actual Year ended June 30, 2004 1 C Revenues: Taxes Developer fees Investment income Rental income Miscellaneous Total revenues Budget Original Final Variance with Final Budget Actual Positive (negative) $ 5,186,084 5,783,697 5,991,739 - - 20,275 4,400 4,400 - 341,000 341,000 367,598 150,000 150,000 856,474 5,681,484 6,279,097 7,236,086 208,042 20,275 (4,400) 26,598 706,474 1 Prior Year A -.. I 5,271,524 36,406 376,863 280,752 5,965,545 Expenditures: Current: Planning and development 3,697,992 6,043,599 3,591,028 2,452,571 4,103,060 Total expenditures 3,697,992 6,043,599 3,591,028 2,452,571 4,103,060 ' Excess (deficiency) of revenues over (under) expenditures 1,983,492 235,498 3,645,058 Other financing sources (uses): Transfers out 1,731,455 3,948,080 3,948,080 Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year 1 1 1,731,455 3,948,080 3,948,080 252,037 (3,712,582) (303,022) 4,113,170 4,113,170 4,113,170 $ 4,365,207 400,588 3,810,148 3,409,560 1,862,485 3,286,801 3,286,801 3,409,560 (1,424,316) - 5,537,486 3,409,560 4,113,170 1 93 CITY OF LA QUINTA Special Revenue Funds Low/Moderate Income Housing Project Area No. 2 Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Taxes $ 2,730,853 2,871,265 3,031,668 160,403 2,479,241 Developer fees 7,054,074 7,054,074 622,305 (6,431,769) 129,263 Investment income 27,400 27,400 109,504 82,104 - Rental income - - 63,580 63,580 Miscellaneous - - 230,991 230,991 - Total revenues 9,812,327 9,952,739 4,058,048 (5,894,691 2,608,504 Expenditures: Current: Planning and development 5,037,558 5,709,205 562,895 5,146,310 765,795 Total expenditures 5,037,558 5,709,205 562,895 5,146,310 765,795 Excess (deficiency) of revenues over (under) expenditures 4,774,769 4,243,534 3,495,153 748,381 1,842,709 Other financing sources (uses): Transfers in - - - - 19,861 Transfers out (3,442,855) (10,131,066) 3,775,970 6,355,096 585,753 Total other financing sources (uses) (3,442,855) (10,131,066) 3,775,970 6,355,096 565,892 Net change in fund balances 1,331,914 (5,887,532) (280,817) 5,606,715 1,276,817 Fund balances at beginning of year 5,982,910 5,982,910 5,982,910 - 4,706,093 Fund balances at end of year $ 7,314,824 95,378 5,702,093 5,606,715 5,982,910 94 CITY OF LA QUINTA Special Revenue Funds ' Low/Moderate Bond - Project Area No. 1 Fund Schedule of Revenues, Expenditures and Changes ' in Fund Balances - Budget and Actual Year ended June 30, 2004 Budget Original Final Actual Revenues: ' Investment income $ Total revenues - - ' Other financing sources (uses): Transfers out (74,623) 74,623 tTotal other financing sources (uses) (74,623) 74,623 Net change in fund balances - (74,623) (74,623) ' Fund balances at beginning of year 74,623 74,623 74,623 1 1 Fund balances at end of year $ 74,623 95 Variance with Prior Final Budget Year Positive (negative) Actual 11,949 11,949 11,949 62,674 74,623 (This page intentionally left blank) Z-1 ' MAJOR DEBT SERVICE FUNDS ' Debt Service Funds are used to account for the accumulation of resources for, and the payment of, governmental long-term debt principal and interest. ' The City of La Quinta has the following Debt Service Funds: La Quinta Financing Authority Fund - To account for rental activity for the Civic Center and rental income used to pay the Financing Authority Civic Center debt obligation. Redevelopment Agency, P.A. No. 1 and No. 2 - To account for the accumulation of resources for the payment of debt service for bond principal interest and trustee fees. 1 97 Revenues: Taxes Investment income Total revenues CITY OF LA QUINTA Debt Service Funds Redevelopment Agency Project Area No. 1 Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual $ 20,744,336 23,134,787 23,966,954 832,167 21,086,099 1,033,182 66,000 201,721 135,721 204,789 21,777,518 23,200,787 24,168,675 967,888 21,290,888 Expenditures: Current: Planning and development Debt service: Principal Interest Payment to bond escrow Payments under pass -through obligations Total expenditures Excess (deficiency) of revenues over(under)expenditures Other financing sources (uses): Payment to bond escrow Transfers in Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year 464,591 376,826 377,920 (1,094) 316,567 2,920,707 2,920,707 .2,920,707 - 2,264,940 9,027,416 9,027,416 9,018,569 8,847 7,491,294 - 1,253,848 1,253,848 - - 12,479,798 12,479,798 11,767,922 711,876 9,669,282 24,892,512 26,058,595 25,338,966 719,629 19,742,083 (3,114,994) (2,857,808) (1,170,291) 1,687,517 1,548,805 (15,708,019) (15,708,019) 1,731,455 18,693,322 18,693,322 1,738,783 - - (6,000,000) 1,731,455 2,985,303 2,985,303 - (4,261,217) 1 (1,383,539) 127,495 1,815,012 1,687,517 (2,712,412) 1 2,273,059 2,273,059 2,273,059 - 4,985,471 $ 889,520 2,400,554 4,088,071 1,687,517 ' 2,273,059 98 ' CITY OF LA QUINTA Debt Service Funds Redevelopment Agency Project Area No. 2 Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual ' Year ended June 30, 2004 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual ' Revenues: Taxes S 9,723,411 11,485,062 12,126,671 641,609 9,916,962 Investment income - - 75,625 75,625 67,844 Total revenues 9,723,411 11,485,062 12,202,296 717,234 9,984,806 ' Expenditures: Current: Planning and development 177,700 177,700 168,983 8,717 149,787 ' Debt service: Principal 276,169 276,169 276,169 272,978 Interest 1,536,694 1,536,694 1,536,694 1,467,846 Payment to bond escrow - 337,259 337,259 - - Payments under pass -through obligations 8,128,871 11,392,089 91680,225 1,711,864 7,892,712 Total expenditures 10,119,434 13,719,911 11,999,330 1,720,581 9,783,323 Excess (deficiency) of revenues over (under) expenditures (396,023) (2,234,849 202,966 2,437,815 201,483 ' Other financing sources (uses): Payment to bond escrow (4,246,981) (4,246,981) Transfers in 3,442,855 8,027,095 4,922,224 (3,104,871) 338,895 Transfers out - - (5,800,000) (5,800,000) 1,100,000) Total other financing sources (uses) 3,442,855 3,780,114 (5,124,757) (8,904,871) 761,105 Net change in fund balances 3,046,832 1,545,265 (4,921,791) (6,467,056) (559,622) ' Fund balances (deficit) at beginning of year (6,182,506) 6,1( 82,506) (6,182,506) (5,622,884) Fund balances (deficit) at end of year $ (3,135,674) (4,637,241) (11,104,297) (6,467,056) (6,182,506) 99 CITY OF LA QUINTA Debt Service Funds Financing Authority Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Investment income Rental income Miscellaneous Total revenues Expenditures: Current: Planning and development Debt service: Principal Interest Total expenditures Net change in fund balances Fund balances at beginning of year Fund balances at end of year Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual $ - - 100 680,830 680,830 680,772 9,500 9,500 9,686 690,330 690,330 690,558 9,686 9,686 5,205 300,000 300,000 300,000 380,830 380,830 380,830 690,516 690,516 686,035 (186) (186) 4,523 529 529 529 $ 343 343 5,052 100 80 (58) 678,955 186 - 228 679.035 4,481 19,686 4,481 4,709 4,709 285,000 394.435 689,121 (10,096) 10,615 529 IGr r MAJOR AND NON -MAJOR CAPITAL PROJECTS FUNDS 1 ' Capital projects funds account for the financial resources to be used for the acquisition, construction or improvements of major capital facilities and infrastructure. The City of La Quinta has the following Major Capital Projects Funds: Capital Improvement Fund - To account for the planning, design and construction of various capital projects throughout the City of La Quinta and the Redevelopment Agency. rRedevelopment Agency, Capital Projects Fund Area 1 — To account for the bond proceeds, interest and other funding that will be used for development, planning, construction and land ' acquisition. 2004 Low/Moderate Bond Fund — To account for the 2004 revenue bond proceeds that will be ' used to finance projects benefiting low and moderate income housing in La Quinta Redevelopment Project Area No. 1 and Project Area No. 2. The City of La Quinta has the following Non -Major Capital Projects Funds: ' Infrastructure Fund - To account for the accumulation of resources provided through developer fees for the acquisition, construction or improvement of the City's infrastructure, prior to ' adoption of the new Developer Impact Fee Structure on August 16, 1999. This fund accounts for all developer resources received prior to this date, and is budgeted by the Council through adoption of the annual capital improvement program budget. Transnortation Fund, Parks and Recreations Fund, Civic Center Fund, Library Development Fund Community Center Fund Street Facility Fund, Park Facility Fund, Fire Facility Fund — To account for the accumulation of resources provided through developer fees for the acquisition, r construction, or improvement of the City's infrastructure. The Developer Impact Fee was adopted by the City Council on August 16, 1999. Six new funds have been established to account for the specific impact areas of these fees, and are budgeted by the Council through adoption of the annual Capital Improvement Program budget. County Library Development Fund — To account for the accumulation of County resources for the acquisition, construction or improvement of the City's library. Assessment District 2000-1 Phase VI Fund — To account for the bond proceeds and other funding that will be used for improvements to Assessment District 2000-1. ' Redevelopment Agency, Capital Projects Fund Area 2 - To account for the bond proceeds, interest and other funding that will be used for development, planning, construction and land acquisition. rRedevelopment Agency Taxable Capital Projects Fund Area 1 — To account for the bond proceeds, interest and other funding that will be used to finance capital projects. rFinancing Authority Capital Projects Fund - To account for the Public Financing Authority bond proceeds that will be used for specific projects and programs of the City. 1 1 101 CITY OF LA QUINTA Non -Major Capital Projects Fords Combining Balance Sheet June 30, 2004 County Parks and Civic Library Library Community • Infrastructure Transportation Recreation Center Development Development Center Assets Cash and investments $ 1,143,396 6,320,534 209,295 1,883,375 931,565 406,612 641,581 Cash with fiscal agent - - - - - - - Amounts receivable - - - - - - Interest receivable 5,713 20,756 5,520 7,144 3,504 1,570 2,329 Advances to other funds Total assets S 1,149,109 6,341,290 214,815 1,890,519 935,069 408,182 643,910 Liabilities and Ford Balances Liabilities: Accounts payable $ - 2,196 1,004 732 450 - 194 Deposits payable - - - - - - - Due to other funds - - - - - - - Advances from other funds - 4,075,463 Total liabilities - 2,196 4,076,467 732 450 - 194 Fund balances: Unreserved: Designated for capital projects 1,149,109 6,339,094 - 1,889,787 934,619 408,182 643,716 Undesigated 3,8( 61,652) - - - Total fund balances 1,149,109 6,339,094 (3,861,652 1,889,787 934,619 409,182 643,716 Total liabilities and fund balances S 1,149,109 6,341,290 214,815 1,890,519 935,069 408,182 643,910 IO2 Redevelopment Redevelopment Agency Financing Street Park Fire A.D. 2000-1 Agency Taxable Bond Authority Totals Facility Facility Facility Phase VI PA No.2 PANo.I Projects 2004 2003 145,266 36,836 - 450,706 1,845,134 - - 14,014,300 12,929,720 - - - - - 8,490,446 55,000 8,545,446 - 536 - - 1,668 60,900 - - 63,104 60,900 - 143 307 - 1,682 - - 48,669 - - - - 1,260,695 - 1,260,695 1,109,946 145,802 36,979 307 452,374 3,169,411 8,490,446 55,000 23,932,213 14,100,466 30 10 194 307 1,260,695 30 10 1,261,196 12,084 - - 16,894 26,353 27,835 - - 27,835 27,835 - 2,746,630 - 2,746,937 18,078 - 5,336,159 4,921,720 39,919 2,746,630 8,127,824 4,993,986 145,772 36,969 - 452,374 3,128,492 8,490,446 55,000 23,673,560 9,106,480 (1,260,989) - (2,746,630) - (7,869,171) 145,772 3636 969 1,2( 60,889) 452,374 3,128,492 5,743,816 55,000 15,804,389 9,106,480 145,802 36,979 307 452,374 3,168,411 8,490,446 55,000 23,932,213 14,100,466 103 CITY OF LA QUINTA Non -Major Capital Projects Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30, 2004 County Parks and Civic Library Library Community Infrastructure Transportation Recreation Center Development Development Center Revenues: Developer fees $ - 2,358,474 837,411 539,955 356,492 - 153,585 Intergovernmental - - - - - 200,000 - Investment income 31,458 90,615 21,823 33,929 17,177 5,879 10,338 Total revermes 31,458 2,449,089 859,234 573,884 373,669 205,879 163,923 Expenditures: Current: General government - - - 207,156 - - - Planning and development - Public works - 63,050 - - - - - Debt service: Interest - - 103,476 - - - Fiscal charges Total expenditures 63,050 103,476 207,156 Excess (deficiency) of revenues over (under) expenditures 31,458 2,386,039 755,758 366,728 373,669 205,879 163,923 Other financing sources (uses): Issuance of tax allocation bonds - - - - - - - Issuance of revenue bonds - - - - - Transfers in - - - - - - Transfers out (1,120,940) 22,420 (403,751) 2( 60,154) 3( 28,480) - Total other financing sources(uses) (1,120,840) (22,420) (403,751) 2( 60,154) 328,480 Net change in fund balances (1,089,382) 2,363,619 352,007 106,574 45,189 205,879 163,923 Fund balances (deficit) at beginning of year 2,239,491 3,975,475 (4,213,659) 1,783,213 889,430 202,303 479,793 Fund balances (deficit) at end of year $ 1,149,109 6,339,094 3,8( 61,652) 1,989,787 934,619 408,182 643,716 104 Redevelopment Redevelopment Agency Financing Street Park Fire A.D. 2000-1 Agency .Taxable Bond Authority Totals Facility Facility Facility Phase VI PA No.2 PA No.1 Projects 2004 2003 31,828 9,151 157,345 - - - - 4,444,241 2,701,275 - _ - - 200,000 2,000 2,435 637 598 9,013 49,219 71,198 343,319 332,743 34,263 9,789 157,943 8,013 49,219 71,199 - 4,987,560 3,036,018 - _ - - 207,156 203,831 174,152 - - 174,152 217,599 - - - 63,050 - - - 10,186 - - - - 113,662 52,523 949,968 2,075,660 3,025,628 - - - 10,186 - 174,152 949,968 2,075,660 3,583,648 473,953 34,263 9,788 147,757 8,013 (124,933) (879,770) (2,075,660) 1,403,912 2,562,065 - - _ - - 26,400,000 - 26,400,000 - - - - 90,000,000 90,000,000 - _ 5,800,000 - - 5,800,000 1,308,913 - (1,500,000) - (5,623,604) (19,777,414) (87,869,340) (116,906,003) (7,891,212) - 1,5( 00,000) - 176,396 6,622,586 2,130,660 5,293,997 (6,572,299) 34,263 9,788 (1,352,243) 8,013 51,463 5,743,816 55,000 6,697,909 (4,010,234) 111,509 27,181 91,354 444,361 3,077,029 - 9,106,480 13,116,714 145,772 36,969 (1,260,899) 452,374 3,128,492 5,743,816 55,000 15,804,389 9,106,480 105 CITY OF LA QUINTA Capital Projects Funds Capital Improvement Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Developer fees $ 2,000 - (2,000) 97,150 Intergovernmental - 14,349,076 5,931,382 (8,417,694) 4,782,293 Miscellaneous 100,000 153,000 153,000 Total revenues 100,000 14,504,076 6,084,382 (8,419,694) 4,879,443 Expenditures: Capital projects - 106,197,827 43,207,098 62,990,729 57,342,978 Debt service: Principal - - - - 104,409 Interest - - - - 67,841 Total expenditures - 106,197,827 43,207,098 62,990,729 57,515,228 Excess (deficiency) of revenues over(under)expenditures 100,000 (91,693,751) (37,122,716) 54,571,035 (52,635,785) Other financing sources (uses): Transfers in 22,905,585 91,692,753 44,625,348 (47,067,405) 52,635,785 Transfers out - (7,502,632) (7,502,632) - Total other financing sources (uses) 22,905,585 91,692,753 37,122,716 (54,570,037) 52,635,785 Net change in fund balances 23,005,585 (998) - 998 - Fund balances at beginning of year - - _ _ Fund balances at end of year $ 23,005,585 998 998 106 ' CITY OF LA QUINTA Capital Projects Funds ' Redevelopment Agency Project Area No. I Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: ' Investment income Rental income Miscellaneous ' Total revenues Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual $ 437,100 437,100 635,823 198,723 - 4,530 6,794 2,264 437,100 441,630 642,617 200,987 Expenditures: ' Current: Planning and development 1,421,427 1,840,727 1,832,409 8,319 ' Total expenditures 1,421,427 1,840,727 1,832,408 8,319 Excess (deficiency) of revenues over (under) expenditures (984,327) (1,399,097) (1,189,791) 209,306 Other financing sources (uses): Transfers in - 14,045,238 14,064,243 19,005 ' Transfers out (19,535,000) (41,673,317) (6,561,612) 35,111,705 Total other financing sources (uses) (19,535,000) (27,628,079) 7,502,631 35,130,710 Net change in fund balances (20,519,327) (29,027,176) 6,312,840 35,340,016 'Fund balances at beginning of year 41,090,533 41,090,533 41,090,533 - Fund balances at end of year $ 20,571,206 12,063,357 47,403,373 35,340,016 1 107 652,611 38,692 55,789 747,092 1,559,307 1,559,307 (812,215) 6,000,000 (1,939,564) 4,060,436 3,248,221 37,842,312 41,090,533 CITY OF LA QUINTA Capital Projects Funds 2004 Low/Moderate Income Bond Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Investment income Total revenues Other financing sources (uses): Transfers in Transfers out Total other financing sources (uses) Net change in fiord balances Fund balances at beginning of year Fund balances at end of year Variance with Prior Budget Final Budget Year Oriig ual Final Actual Positive (negative) Actual $ - 2,781 2,781 2,781 2,781 - 66,323,236 66,323,236 - _ - (8,720,000) (8,669,035) 50,965 - - 57,603,236 57,654,201 50,965 - 57,603,236 57,656,982 53,746 $. - 57,6032236 57,656,982 53,746 108 CITY OF LA QUINTA Capital Projects Funds Infrastructure Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Investment income Total revenues Other financing sources (uses): Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year 1 1 C 1 1 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual $ 15,600 15,600 31,458 15,858 70,822 15,600 15,600 31,458 15,858 70,822 (374,008) (2,264,620) (1,120,840) 1,143,780 (1,894,586) (374,008) (2,264,620) (1,120,840) (358,408) (2,249,020) (1,089,382) 2,23 8,491 2,23 8,491 2,23 8,491 $ 1,880,083 (10,529) 1,149,109 109 1,143,780 (1,994,586) 1,159,638 (1,823,764) - 4,062,255 1,159,638 2,238,491 CITY OF LA QUINTA Capital Projects Funds Transportation Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Developer fees $ 549,000 549,000. 2,358,474 1,809,474 1,517,388 Investment income 53,300 53,300 90,615 37,315 80,281 Total revenues 602,300 602,300 2,449,089 1,846,789 1,597,669 Expenditures: Current: Public works 63,050 63,050 Total expenditures 63,050 63,050 Excess (deficiency) of revenues over (under) expenditures 602,300 539,250 2,386,039 Other financing sources (uses): Transfers out 1,988,986 1,302,363 22,420 Total other financing sources (uses) (1,988,986) 1,302,363 22,420 Net change in fund balances (1,386,686) (763,113) 2,363,619 Fund balances at beginning of year 3,975,475 3,975,475 3,975,475 Fund balances at end of year $ 2,588,789 3,212,362. 6,339,094 110 1,846,789 1,597,669 1,279,943 1,019,180 1,279,943 1,019,180 3,126,732 3,126,732 578,489 3,396,986 3,975,475 1 1 1 1 CITY OF LA QUINTA Capital Projects Funds Parks and Recreation Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Developer fees Investment income Total revenues Expenditures: Debt service: Interest expense Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers out Total other financing sources (uses) Net change in fund balances Fund balances (deficit) at beginning of year Fund balances (deficit) at end of year Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual $ 251,000 251,000 837,411 586,411 424,762 - - 21,823 21,823 28,503 251,000 251,000 859,234 608,234 453,265 103,476 103,476 003,476) (103,476) 52,523 52,523 251,000 251,000 755,758 504,758 400,742 (618,564) (403,751) 214,813 (4,773,363) - (618,564) (403,751) 214,813 4,773,363 251,000 (367,564) 352,007 719,571 (4,372,621) (4,213,659) (4,213,659) (4,213,659) 158,962 $ 3,962,659 (4,581,223) (3,861,652) 719,571 (4,213,659) III CITY OF LA QUINTA Capital Projects Funds Civic Center Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Developer fees Investment income Total revenues Expenditures: Current: General government Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers out Total other financing sources (uses) Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual $ 183,000 183,000 539,955 356,955 365,776 21,200 21,200 33,929 12,729 38,796 204,200 204,200 573,884 369,684 404,572 204,251 204,251 207,156 2,905 203,831 204,251 204,251 207,156 2,905 203,831 51 51 366,728 481,844 260,154 481,844 260,154 Net change in fund balances (51) (481,895) 106,574 Fund balances at beginning of year 1,783,213 1,783,213 1,783,213 Fund balances at end of year $ 1,783,162 1,301,318 1,889,787 366,779 200,741 221,690 36,969 221,690 36,969 588,469 163,772 - 1,619,441 588,469 1,783,213 112 CITY OF LA QUINTA Capital Projects Funds Library Development Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Variance with Prior Budget Final Budget Year ' Original Final Actual Positive (negative) Actual Revenues: ' Developer fees $ 112,500 112,500 356,492 243,992 190,171 Investment income - - 17,177 17,177 20,644 ' Total revenues 112,500 112,500 373,669 261,169 210,815 Other financing sources (uses): 4,074,930 328,480 3,746,450 156,964 ' Transfers out ' Total other financing sources (uses) 4,074,930 328,480 3,746,450 156,964 Net change in fund balances 112,500 (3,962,430) 45,189 4,007,619 53,851 1 Fund balances at beginning of year 889,430 889,430 889,430 835,579 ' Fund balances at end of year $ 1,001,930 3,073,000 934,619 4,007,619 889,430 113 CITY OF LA QUINTA Capital Projects Funds County Library Development Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues:: Intergovernmental $ 200,000 200,000 200,000 - 200,000 Investment income 4,100 4,100 5,879 1,779 2,303 Total revenues 204,100 204,100 205,879 1,779 202,303 Other financing sources (uses) Transfers out (400,000) 400,000 - 400,000 - Total other financing sources (uses) (400,000) (400,000 400,000 - Net change in fund balances 204,100 204,100 205,879 1,779 202,303 Fund balances at beginning of year 202,303 202,303 202,303 - - Fund balances at end of year $ 406,403 406,403 408,182 1,779 202,303 114 CITY OF LA QUINTA Capital Projects Funds Community Center Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Developer fees Investment income Total revenues Budget Original Final Variance with Prior Final Budget Year Actual ositive (negative Actual $ 48,500 48,500 153,585 8,700 8,700 10,338 57,200 57,200 163,923 Fund balances at beginning of year 479,793 479,793 479,793 Fund balances at end of year $ 536,993 536,993 643,716 105,085 86,022 1,638 9,993 106,723 96,015 393,778 106,723 479,793 115 CITY OF LA QUINTA Capital Projects Funds Street Facility Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues Developer fees $ 7,500 7,500 31,828 24,328 24,354 Investment income 1,900 1,900 2,435 535 2,295 Total revenues 9,400 9,400 34,263 24,863 26,649 Fund balances at beginning of year 111,509 111,509 111,509 - 84,860 Fund balances at end of year $ 120,909 120,909 145,772 24,863 111,509 116 CITY OF LA QUINTA Capital Projects Funds Park Facility Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Developer fees $ 2,500 2,500 9,151 6,651 4,425 Investment income 500 500 637 137 543 Total revenues 3,000 3,000 9,788 6,788 4,968 Fund balances at beginning of yea 27,181 27,181 27,181 - 22,213 Fund balances at end of year $30,181 30,181 36,969 6,788 27,181 117 CITY OF LA QUINTA Capital Projects Funds Fire Facility Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Developer fees Investment income Total revenues Expenditures: Debt service: Interest expense Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers out Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual $ 32,100 32,100 157,345 125,245 88,377 1,000 12000 598 402 1,130 33,100 33,100 157,943 124,843 89,507 10,186 10,186 (10,186 10,186 33,100 33,100 147,757 114,657 (1,500,000> 1500,000 Total other financing sources (uses) (1,500,000) 1 500 000 Net change in fund balance 33,100 (1,466,900) (1,352,243) Fund balances at beginning of yea 91,354 91,354 91,354 Fund balances (deficit) at end of year $ 124,454 1375,546 1,260,889 114,657 89,507 1,847 114,657 91,354 118 CITY OF LA QUINTA Capital Projects Funds A.D. 2000-1 Phase VI Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual ' Year ended June 30, 2004 Variance with Prior ' Budget Final Budget Year Original Final Actual Positive (negative Actual Revenues: ' Investment income $ 8,013 8,013 10,156 Total revenues - - 8,013 8,013 10,156 Other financing sources (uses): ' Transfers out 142,657 - 142,657 150 ' Total other financing sources (uses) 142,657 - 142,657 150 ' Net change in fund balances - (142,657) 8,013 150,670 10,006 ' Fund balances at beginning of year 434,355 343,355 444,361 101,006 434,355 ' Fund balances at end of year $ 434,355 200,698 452,374 251,676 444,361 ' 119 CITY OF LA QUINTA Capital Projects Funds Redevelopment Agency Project Area No. 2 Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Variance with Budget Final Budget Original Final Actual Positive (negative) Revenues: Investment income $ 20,000 20,000 49,219 29,219 Total revenues 20,000 20,000 49,219 29,219 Expenditures: Current: Planning and development Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year Prior Year A ..a —1 67,277 67,277 314,085 115,953 174,152 (58,199) 217,599 314,085 115,953 174,152 58,199 217,599 (294,085) 95,953 (124,933) 28,980 150,322 1 1,100,000 1,345,583 5,800,000 5,763,330 (5,623,604) 1,100,000 4,417,74 176,396 805,915 (4,513,700) 51,463 3,077,029 3,077,029 3,077,029 $ 3,892,944 1,436,671 3,12.8,492 120 4,454,417 139,726 4,594,143 4,565,163 4,565,163 1,308,913 1,308,913 1,158,591 1,918,438 3,077,029 ' CITY OF LA QUINTA Capital Projects Funds ' Redevelopment Agency Taxable Bond Project Area No. 1 Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual ' Year ended June 30, 2004 Variance with Prior ' Budget Original Final Actual Final Budget Year Positive (negative) Actual ' Revenues: Investment income $ 71,198 71,198 Total revenues 71,198 71,198 Expenditures: ' Debt service: Fiscal charges 955,822 949,968 5,854 ' Total expenditures 955,822 949,968 5,854 Excess (deficiency) of ' revenues over (under) expenditures (955,822) (878,770) 77,052 ' Other financing sources (uses): Issuance of revenue bonds 26,400,000 26,400,000 - 1 Transfers out (25,444,178) (19,777,414) 5,666,764 Total other financing ' sources (uses) 955,822 6,622,586 5,666,764 Net change in fund balances 5,743,816 5,743,816 ' Fund balances at beginning of year ' Fund balances at end of year $ 5,743,816 5,743,816 ' 121 CITY OF LA QUINTA Capital Projects Funds Financing Authority Capital Projects Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Investment income $ - - - 324 Total revenues - - - 324 Expenditures: Debt service: Fiscal charges - 2,130,657 2,075,660 54,997 - Total expenditures - 2,130,657 2,075,660 54,997 Excess (deficiency) of revenues over (under) expenditures (2,130,657) (2,075,660) 54,997 Other financing sources (uses): Issuance of revenue bonds 90,000,000 90,000,000 Transfers out (87,737,551) (87,869,340) (131,789) - Total other financing sources (uses) 2,262,449 2,130,660 (131,789) Net change in fund balances - 131,792 55,000 (76,792) 324 Fund balances (deficit) at beginning of year - - - 324 Fund balances at end of year $ - 131,792 55,000 (76,792) 122 INTERNAL SERVICE FUNDS Internal service funds are used to account for activities involved in rendering services to departments within the City. Costs of materials and services used are accumulated in this fund and charged to the user departments as such goods are delivered or services rendered. The City of La Quints has the following Internal Service Funds: ' Equipment Replacement Fund — used to account for the ultimate replacement of City owned and operated vehicles and equipment. 1 Information Technology Fund — used to account for the purchase and replacement of information systems. 123 CITY OF LA QUINTA Internal Service Funds Combining Statement of Net Assets Assets Current assets: Cash and investments Interest receivable Due from other governments Capital assets, net Total assets Liabilities Current liabilities: Accounts payable Net Assets Invested in capital assets, net of related debt Unrestricted Total net assets June 30, 2004 Equipment Information Totals Replacement Technology 2004 2003 $ 2,612,332 472,060 3,084,392 2,948,958 9,841 1,802 11,643 - - 3,932 3,932 15,000 715,864 396,060 1,111,924 929,210 3,338,037 873,854 4,211,891 3,893,168 2,899 25,985 28,884 36,713 715,864 396,060 1,111,924 929,210 2,619,274 451,809 3,071,083 2,927,245 $ 3,335,138 847,869 4,183,007 3,856,455 124 I CITY OF LA QUINTA Internal Service Funds Combining Statement of Revenues, Expenses and Changes in Net Assets Year ended June 30, 2004 11 Operating revenues: Charges for services Miscellaneous 1 Total operating revenues Operating expenses: Salaries and benefits Fuel and oil ' Maintenance and parts Contract services Software and supplies ' Depreciation Other operating expenses ' Total operating expenses Operating income (loss) tNon -operating revenues (expenses): Investment income 1 Total non -operating revenues (expenses) 1 Income (loss) before transfers and capital contributions Capital contributions Changes in net assets ' Net assets at beginning of year ' Net assets at end of year Equipment Information Replacement Technology Totals ')nnn Innz $ 317,678 377,282 694,960 451,512 - - 2,382 317,678 377,282 694,960 453,894 - 51,862 51,862 - 33,390 - 33,390 34,213 138,406 - 138,406 119,032 - 124,037 124,037 172,755 - 120,098 120,098 70,749 143,311 162,523 305,834 276,517 - - - 11.784 315,107 458,520 773,627 685,050 2,571 (81,238) (78,667 (231,156 48,203 10,266 58,469 72,899 48,203 10,266 58,469 72,899 50,774 (70,972) (20,198) (158,257) 246,560 100,190 346,750 30,099 297,334 29,218 326,552 (128,158) 3,037,804 818,651 3,856,455 3,984,613 $ 3,335,138 847,869 4,183,007 3,856,455 125 CITY OF LA QUINTA Internal Service Funds Combining Statement of Cash Flows Year ended June 30, 2004 Cash flows from operating activities: Cash received from other customers Cash payments to suppliers for goods and services Net cash provided by (used for) operating activities Cash flows from capital and related activities: Purchase of fixed assets Net cash provided by (used for) capital and related activities Cash flows from investing activities: Interest received on investments Net cash provided by (used for) investing activities Net increase (decrease) in cash and cash equivalents Cash and cash equivalents at beginning of year Cash and cash equivalents at end of year Reconciliation of operating income to net cash provided by operating activities: Operating income (loss) Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation Adjustments: (Increase) decrease in due from other governments (Increase) decrease in other assets Increase (decrease) in accounts payable Net cash provided by (used for) operating activities Noncash capital, financing and investing activities: Fixed asset disposals Fixed assets contributed by other funds 126 Equipment Information Totals Replacement Technology 2004 2003 $ 332,678 373,350 706,028 438,894 (175,705) (251,922) 4( 27,627) (393,873 156,973 121,428 278,401 45,021 (56,745) (133,048) (189,793 175,659 (56,745) 133,048) (189,793 175,659 38,362 8,464 46,826 72,899 38,362 8,464 46,826 72,899 138,590 (3,156) 135,434 (57,739) 2,473,742 475,216 2,948,958 3,006,697 $ 2,612,332 472,060 3,084,392 2,948,958 $ 2,571 (81,238) (78,667) (231,156) 143,311 162,523 305,834 276,517 15,000 (3,932) 11,068 (15,000) 612 47,383 47,995 18,515 (4,521) (3,308) (7,829 (3,855 $ 156,973 121,428 278,401 45,021 $ (219,466) (292,025) (511,491) - 246,560 100,190 346,750 30,099 r ' AGENCY FUNDS ' Agency funds are used to account for assets held by the City as an agent for an individual, private organizations and other governmental units. The agency funds and their purposes are as follows: 1 The City of La Quinta has the following agency funds: Assessment District No. 88-1, 89-2, 90-1, 91-1, 92-1, 97-1, 2000-1 - To account for assessments ' paid to the City for debt service payments on bond issues used to finance sewer improvements. 1 1 127 CITY OF LA QUINTA Agency Funds Combining Balance Sheet June 30, 2004 Assessment Assessment Assessment Assessment District District District District No.88-1 No.89-2 No.90-1 No.91-1 Assets Cash and investments $ 90,318 57,128 262,280 560,846 Accounts receivable 319 178 949 1,998 Total assets $ 90,637 57,306 263,229 562,844 Liabilities Due to bondholders $ 90,637 57,306 263,229 562,844 Total liabilities $ 90,637 57,306 263,229 562,844 128 Assessment District Assessment District No. 97-1 Assessment District Totals 2004 2003 385,734 140,851 484,977 1,982,134 1,740,812 1,345 506 1,678 6,973 44,846 387,079 141,357 486,655 1,989,107 1,785,658 387,079 141,357 486,655 1,989,107 1,785,658 387,079 141,357 486,655 1,989,107 1,785,658 129 CITY OF LA QUINTA Agency Funds Combining Statement of Changes in Assets and Liabilities Year ended June 30, 2004 Balance at June 3 0. 2003 ASSESSMENT DISTRICT NO. 88-1 Assets Cash and investments $ 88,498 Accounts receivable 1,316 Total assets $ 89,814 Liabilities Due to bondholders $ 89,814 ASSESSMENT DISTRICT NO. 89-2 Assets Cash and investments $ 48,889 Accounts receivable 1,166 Total assets $ 50,055 Liabilities Due to bondholders $ 50,055 ESSMENT DISTRICT NO. 90-1 Assets Cash and investments $ 228,191 Accounts receivable 5,722 Total assets $ 233,913 Liabilities Due to bondholders $ 233,913 130 Balance at Additions Deletions June 30, 2004 3,711 (1,891) 90,318 319 1,316 319 4,030 3,207 90,637 4,212 3,389 90,637 10,624 (2,385) 57,128 178 1,166 178 10,802 3,551 57,306 9,716 2,465 57,306 126,270 (92,181) 262,280 948 5,721 949 127,218 97,902 263,229 124,660 95,344 263,229 (Continued) CITY OF LA QUINTA Agency Funds Combining Statement of Changes in Assets and Liabilities (Continued) Balance at June 30 2003 Additions ASSESSMENT DISTRICT NO. 91-1 Assets Cash and investments $ 477,542 254,220 Accounts receivable 14,668 1,146 Total assets $ 492,210 255,366 Liabilities Due to bondholders $ 492,210 245,922 ASSESSMENT DISTRICT NO. 92-1 Assets Cash and investments $ 358,764 195,577 Accounts receivable 7,367 1,345 Total assets $ 366,131 196,922 Liabilities Balance at Deletions June 30, 2004 (170,916) 560,946 (13,816) 1,998 184,732 562,844 175,288 562,844 (168,607) (7,367) 175,974 385,734 1,345 387,079 Due to bondholders $ 366,131 196,505 175,557 387,079 ASSESSMENT DISTRICT NO. 97-1 Assets Cash and investments $ 141,883 69,629 (70,661) 140,851 Accounts receivable 2,068 507 (2,069) 506 Total assets $ 143,951 70,136 72,730 141,357 Liabilities Due to bondholders $ 143,951 70,048 72,642 141,357 131 (Continued) CITY OF LA QUINTA Agency Funds Combining Statement of Changes in Assets and Liabilities (Continued) Balance at Balance at June 30, 2003 Additions Deletions June 30, 2004 ASSESSMENT DISTRICT NO. 2000-1 Assets Cash and investments $ 397,045 329,169 (241,237) 484,977 Accounts receivable 12,539 1,678 12,539 1,678 Total assets $ 409,584 330,847 253,776 486,655 Liabilities ' Due to bondholders $ 409,584 323,518 246,447 486,655 TOTALS -ALL AGENCY FUNDS Assets Cash and investments $ 1,740,812 989,200 (747,878) 1,992,134 Accounts receivable 44,846 6,121 43,994 6,973 Total assets $ 1,785,658 995,321 791,872 1,989,107 Liabilities Due to bondholders $ 1,785,658 974,581 771,132 1,989,107 Total liabilities $ 1,785,658 974,581 771,132 1,989,107 132 0 CAPITAL ASSETS USED IN THE OPERATION OF GOVERNMENTAL FUNDS 1 133 CITY OF LA QUINTA Capital Assets Used in the Operation of Governmental Funds by Source' June 30, 2004 and 2003 2004 2003 Governmental funds capital assets: $ 73,505,659 56,467,549 Land Buildings and improvements 24,032,644 15,799,488 Equipment and furniture 718,801 1,054,971 Vehicles 161,052 161,052 Infrastructure 330,958,870 313,017,867 Construction in progress 27,932,823 29,604,242 Total governmental funds capital assets 457,309,849 416.105.169 Investment in general fixed assets by source: Capital projects funds 388,021,434 365,540,462 Redevelopment agency 69,288,415 50,564,707 Total government funds capital assets $457.309.849 416 105,169 1 This schedule presents only the capital asset balances related to governmental funds. Accordingly, the capital assets reported in the internal service fund are excluded from the above amounts. Generally, the capital assets of the internal service funds are included as governmental activities in the statement of net assets. 134 CITY OF LA QUINTA Capital Assets Used in the Operation of Governmental Funds Schedule of Fuction and Activity June 30, 2004 Buildings and Equipment Construction Land Improvements and Furniture Vehicles Infrastructure in Progress Function and Activity General government: City manager $ 6,951,091 121,868 99,365 Economic development - - 10,208 Personnel - 24,299 - Central services - - 45,878 City clerk - 135,366 Total general government 6,951,091 146,167 289,817 Totals 7,171,324 10,208 24,299 45,878 135,366 7,387,075 Public safety: ' Police 105,109 105,109 Building and safety administration _ - 10,030 _ _ 10,030 ' Emergency services 33,475 _ 33,475 Fire 101,392 161,052 3,589,493 3,851,937 Civic center building operations - 9,712,796 64,599 - 852,349 10,629,744 ' Total public safety 101,392 9,712,796 213,213 161,052 = 4,441,842 14,630,295 Community services: ' Community services administration - 11,151,377 - - 1,640,039 69,025 12,860,441 Parks and recreation progra - - 8,045 - - 7,601 15,646 ' Senior center - 2,019,454 5,289 - - - 2,024,743 Total community services 13,170,831 13,334 1,640,039 76,626 14,900,830 Community development: ' Community development administration - - 48,025 - - - 48,025 Redevelopment agency 66,453,176 800,000 - - - 12,212,286 79,465,462 Total community development 66,453,176 800,000 49,025 - - 12,212,286 79,513,487 Public works: ' Public works administration - 5,374 - _ - 5,374 Development and traffic - - 18,555 - 316,295,341 4,307,694 320,621,590 Street maintenance and ' operations - 5,200 22,618 - 2,028,035 4,352 2,060,205 Lighting and landscape maintenance and operations - 197,650 107,865 - 10,995,455 6,890,023 18,190,993 Capital projects - - ' Total public works - 202,950 154,412 - 329,318,831 11,202,069 340,878,162 Total governmental funds capital assets $ 73,505,659 24,032,644 718,801 161,052 330,958,870 27,932,823 457,309,849 ' 'This schedule presents only the capital asset balances related to governmental funds. Accordingly, the capital assets reported in the internal service funds are excluded from the above amounts. Generally, the capital assets of the internal service funds are included as ' governmental activities in the statement of net assets. 135 CITY OF LA QUINTA Capital Assets Used in the Operation of Governmental Funds Schedule of Changes by Portion and Activity June 30, 2004 Governmental Governmental Funds Capital Funds Capital Assets Assets Function and Activity - July 1, 2003 Additions Deletions June 30, 2004 General government: Legislative $ 5,146 (5,146) - City manager 7,205,621 - (34,297) 7,171,324 Economic development 10,208 - - 10,208 Personnel 29,340 - (5,041) 24,299 Face 5,976 - (5,976) - Central services 45,877 - - 45,877 City clerk 145,411 - (10,045) 135,366 Total general government 7,447,579 (60,505) 7,387,074 Public safety: Police 143,135 (38,026) 105,109 Building and safety administration 52,670 (42,640) 10,030 Code compliance 4,104 - (4,104) - Animal control 2,546 - (2,546) - Building 1,250 - (1,250) Emergency services 69,597 - (35,122) 33,475 Fire 1,167,736 2,687,542 (3,341) 3,851,937 Civic center building operations 10,116,755 588,634 (75,646) 10,629,743 Total public safety 11,556,793 3,276,176 (202,675) 14,630,294 Community services: Community services administration Parks and recreation program Senior center Total community services Community development: Community development administration Redevelopment agency Total community development Public works: Public works administration Development and traffic Street maintenance and operations Lighting and landscape maintenance and operations Capital projects Total public works Total governmental funds capital assets 4,409,034 8,552,148 (41,909) 12,919,273 1,998,588 (2,591) 1,995,997 6,443 7,601 (28,484) (14,440) 6,414,065 8,559,749 (72,984) 14,900,830 47,625 10,265 (9,864) 48,026 50,564,707 29,076,755 (176,000) 79,465,462 50,612,332 29,087,020 (185,864) 79,513,489 16,729 - (11;354) 5,374 321,214,191 20,697,758 (21,290,357) 320,621,592 7,845,268 3,989 (65,075) 7,784,181 10,996,611 3,406,625 (1,936,220) 12,467,016 1,602 (1,602) 340,074,400 24,108,371 (23,304,608) 340,878,163 $ 416,105,169 65,031,316 23,826 636 457,309,849 'This schedule presents only the capital asset balances related to governmental funds. Accordingly, the capital assets reported in the internal service funds are excluded from the above amounts. Generally, the capital assets of the internal service funds are included as governmental activities in the statement of net assets. 136 I STATISTICAL SECTION 137 TABLE 1 CITY OF LA QUINTA General Fund Expenditures by Function Last Ten Fiscal Years Fiscal Year Ending General Public Public Community Planning & Capital June 30 Government Safety Works Service Development Projects Total 1994 2,359,673 2,786,575 673,144 119,265 511,416 - 6,450,073 1995 1,565,265 3,143,697 576,304 199,115 538,610 282,113 6,305,104 1996. 1,793,301 3,227,438 813,352 413,142 453,656 201,475 6,902,364 1997 2,376,935 3,442,056 989,694 469,110 455,563 170,000 7,803,358 1998 2,229,389 4,099,523 1,159,372 494,402 345,054 - 8,327,740 1999 2,473,241 4,468,294 1,546,650 732,741 626,074 - 9,847,000 2000 2,814,604 4,992,811 1,704,996 768,528 748,949 - 11,029,888 2001 3,063,640 5,636,154 1,417,529 817,460 733,579 - 11,668,362 2002 2,960,339 7,609,121 1,536,033 1,014,474 726,589 - 13,846,556 2003 3,140,576 8,202,407 2,311,436 991,558 674,450 - 15,320,427 2004 3,892,220 9,672,180 3,103,794 1,025,397 750,444 - 18,444,035 Source: City of 1a Quinta Audited Financial Statements 138 TABLE 2 CITY OF LA QUINTA General Fund Revenue by Source Last Ten Fiscal Years Fiscal Year Licenses Charges Litigation Ending and Inter-, for Settlement June 30 Taxes Permits Governmental Services Proceeds Interest Miscellancous Total ' 1994 4,212,604 777,241 1,600,032 469,695 (1) 585,264 1,042,872 8,687,707 1995 4,946,304 902,914 747,794 551,727 477,872 718,310 137,029 8,481,939 ' 1996 5,393,456 998,030 815,980 610,873 12,386 905,420 230,705 8,966,950 1997 5,942,698 793,689 1,072,803 976,897 40,593 941,327 22,712 9,790,719 1998 6,764,355 1,144,562 1,110,553 1,228,269 281,382 1,164,145 114,969 11,808,235 ' 1999 8,101,191 1,951,981 1,466,798 1,965,219 740,985 1,569,796 74,529 15,870,489 2000 8,898,825 2,493,360 2,388,749 1,922,097 1,868,073 106,371 17,667,475 ' 2001 10,331,970 2,057,423 2,164,891 1,998,589 2,513,789 43,547 19,110,209 2002 10,443,436 1,857,691 3,683,490- 1,757,744 - 2,036,346 529,190 20,301,897 2003 11,572,985 1,982,127 4,394,045 2,302,759 - 1,894,303 87,240 22,233,459 ' 2004 13,184,050 3,096,145 4,895,986 2,619,578 2,335,154 109,388. 26,240,301 (1) 1995 was the first year Litigation Settlement Proceeds was identified as a revenue source - ' 1 Source: Cityof La Quinta Audited Financial Statements 1 1 139 CITY OF LA QUINTA Property Tax Levies and Collections Last Ten Fiscal Yeats Percent of Fiscal Year Total Current Percent Delinquent Total Ending Tax Tax of Levy Tax Collections Jung 30 lay, Collection Collected Collections to Tax Lcw 1994 288,407 275,752 95.60/8 900 95.9% 1995 549,273 487,043 88.7% 786 88.9% 1996 67%398 643,309 96.0% 2,312 963% 1997 824,073 760,350 92.3% 92.3% 1998 896,175. 980,838' 110.7% 110.7% 1999 991,001 1,148,040 115.8% 115.8°/a 2000 1,001,074 1,005,983 .100.5°h 100.5016 2001 $1,071,723 $1,091,128 101.8% 101.8% 2002 $1,218,823 51,409,828 115.71/6 2003 $1,432,528 $1,437,908 100.4% - 100A010 2004 $1,724,861 $1,767,764 102.5% 102.5% Note: 1. Proposition 13 limits cities to levying a tax rate forbonded indebtedness only after 1978. 2. Levies and collections are for General Fund only excluding supplemental property taxes. 8 Source: City of La Quints and County of Riverside L. 140 TABLE 4 CITY OF LA QUINtA Schedule of Net Taxable Value Last Tea Fiscal Years Fiscal Year Assessed Less Less Net Ending Secured Unsecured Property Property Homeowners Taxable June 30 P o i4y PmDerty Value Exemptions Exemptions Value 1994 1,872,769,156 8,119,527 1,880,887,683 3,946,378 18,901,202 1,858,040,103 1995 1,927,834,908 22,822,285 1,950,657,193 4,357,954 20,518,400 1,925,780,839 1996 2,043,276,054 23,801,872 2,067,077,926 6,936,774 22,399,069 2,037,742,084 1997 2,164,204,951 22,511,720 2,186,716,671 6,919,376 22,407,419 2,157,389,977 1998 2,305,593,987 18,844,880 2,324,438,867 9,676,787 24,877,018 2,289,885,062 1999 2,674,887,437 18,756,736 2,693,644,173 ,10,998,340 27,581,722 2,655,064,111 2000 2,665,520,656 18,712,736 2,684,233,392 11,655,584 28,259,200 2,644,318,608 2001 3,162,945,116 30,399,753 3,193,544,869 19,757,668 30,391,400 3,143,395,801 2002 3,789,678,041 32,607,713 3,822,285,754 20,732,503 33,993,800 3,767,559,451 2003 5,412,382,7I0 40,940,877 5,453,323,587 50,878,475 44,541,600 5,357,903,512 2004 6,289,493,552 44,014,548 6,333,508,100 67,025,403 46,011,600 6,220,471,097 Source: County of Riverside 141 CITY OF LA QUINTA Property Tax Rates - Direct and Overlapping Governments Last Five Fiscal Years (per $100 of Assessed Value) General County of Riverside Riverside County Office of Education Desert Sands Unified Coachella Valley Unified School District Coachella Valley Water District Coachella Valley Recreation & Park District Total Tax Rate TABLE 5 2003/04 2002/03 2001/02 2000/01 1299/00 1.00000 1.00000 1.00000 1.00000 1.00000 0.00905 0.00938 0.00985 - - 0.00905 0.00938 0.00985 - - 0.27443 0.46088 0.35177 0.09750 0.09750 0.09267 0.06845 0.05022 - - 0.55458 0.62057 0.56885 0.02080 0.02080 0.07762 0.07856 - - - 2.01740 2.24722 1.99054 1.11830 1.11930 Source: County of Riverside 142 1 1 1 1 TABLE 6 CITY OF LA QUINTA Special Assessment Billings and Collections Last Ten Fiscal Years Year Special Special Ratio of Ended Assessment Assessment Collections June 30 Billings Collections (1) to Billings 1993 559,029 548,291 98.0% 1994 766,011 734,560 95,9% 1995 836,502 737,700 88.2% 1996 729,647 699,351 95.9% 1997 791,012 757,256 95.7% 1998 791,012 761,109 96.2% 1999 790,532 770,164 97.4% 2000 833,630 800,825 96.0% 2001 835,577 803,756 96.2% 2002 1,068,994 992,226 92.8% 2003 860,684 790,555 91.9% 2004 871,833 804,818 92.3% (1) Includes Prepayments and Foreclosures Source: Muni Financial Services 143 CITY OF LA QUINTA Schedule of Direct and Overlapping Bonded Debt June 30, 2004 Percent June 30, 2004 Direct and ()verlanpjag Bonded Debt Aoolicable Bonded Ikbt Riverside County General Fund Obligations 0905% $5,910,417 Riverside County Board of Education Certificates of Participation 0.905% 119,098 Desert Sands Unified School District Certificates of Participation 7.733 1,199,388 Desert Sands Unified School District Lem Tax Obligation 7.733 1,939,050 Desert Sands Unified School District Community Facilities No.1 100.000 2,155,0W Desert Sands Unified School District 7.733 4,794,460 Coachella Valley County Water District, I.D. #71 Storm Water Unit Certificates of Participation 6.298 660,345 Coachella Valley Canty Water District, I.D. #55 66.678 5,087,531 Coachella Valley County Water District, I.D. #58 4.216 191,406 Coachella Valley Unified School District Certificates of Participation 9.267 1.760,730 Coachella Valley Unified School District . 9.267 1,690,234 Coachella Valley Water District, AD No.68 86.247 2,160,487 Coachella Valley Recreation and Park District Certificates of Participation 7.762 210,350 City of La Quinta General Fund Obligations (Finance Authority) 100.000 6,990,000 City of La Quints 1915 Act Bonds 100.000 3,735,006 Total Direct and Overlapping Bonded Debt $38,503,496 (1) Nate: (1) Excludes tax and revenue anticipation notes, revenue, mortgage revenue, tax allocation bonds and nonborded capital lease obligations. Source: California Municipal Statistics, Inc. 144 CITY OF LA QUINTA Computation of Legal Debt Margin June 30, 2004 Net Assessed Valuation Debt Limit - 15 % of Assessed Valuation Amount of Debt Applicable to Debt Limit Legal Debt Margin $6,220,471,097 933,070,665 -0- $933,070,665 ka-A mil Notes: Section 43605 of the Government Code of the State of California limits the amount of indebtedness for public improvements to 15% of the assessed valuation of all real and personal property of the City. The City of La Quinta has no general bonded indebtedness. Source: City of La Quinta 145 CITY OF LA QUINTA Revenue Bond Coverage Local Agency Revenue Bonds (City Hall Project) Last Ten Fiscal Years Fiscal Year Debt Service Requirements Ending Revenue Available June 30 for Debt Service Principal Interest Total Coverage 1994 548,352 - 548,352 548,352 1.00 1995 699,477 155,000 544,477 699,477 1.00 1996 696,402 160,000 536,402 696,402 1.00 1997 607,950 170,000 437,950 607,950 1.00 1998 734,623 285,000 449,623 734,623 1.00 1999 684,573 245,000 439,573 684,573 1.00 2000 679,670 250,000 429,670 679,670 1.00 2001 678,955 260,000 418,955 678,955 1.00 2002 682,178 275,000 407,178 682,178 1.00 2003 679,435 285,000 394,435 679,435 1.00 2004 680,830 300,000 380,830 680,830 1.00 Note. Revenue available consists of lease payments made by the City of La Quints. to the La Quints. Financing Authority. Source: City of La Quinta. 146 TABLE 10 CITY OF LA QUINTA Demographic Statistics Last Ten Fiscal Years Total City Fiscal Year Population Riverside Population Ending Square Percent County Percent June 30 Miles (1) Population (2) Change Population (2) Of County 1994 28.2 16,680 7.0% 1,357,400 1.2% 1995 31.2 17,591 5.5% 1,393,500 1.3% 1996 31.2 18,050 2.6% 1,381,879 1.3% 1997 31.2 18,931 4.9% 1,379,956 1.4% 1998 31.2 20,444 8.0% 1,441,237 1.4% 1999 31.2 21,763 6.5% 1,473,307 2.2% 2000 31.2 24,240 10.77% 1,522,900 1.6% 2001 31.2 26,321 8.58% 1,545,387 1.7% 2002 31.8 28,715 9.09% 1,545,387 1.9% 2003 34.8 30,452 6.00% 1,653,564 1.8% 2004 35.1 32,522 6.80% 1,782,650 1.8% Source: (1) City of La Quinta (2) State of California Department.of Finance 147 Fiscal Year Fording June 30 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 (1) Source: CITY OF LA QAIINTA Property Value and Construction Activity Lost Ten Fiscal Years L� I 1,872,768,156 1,927,834,908 2,043,276,054 2,164,204,951 2,305,593,997 2,674,887,437 2,665,520,656 3,162,945,116 3,789,679,041 5,412,382,710 6,289,493,552 Commercial Unill Construction Value 13 6,081,796 4 1,1Q0,119 8 1,018,940 11 1,876,747 14 2,689,642 19 8,894,767 40 13,071,684 39 15,289,134 66 6,739,720 69 27,184,625 154 38,232,129 From Schedule of Net Taxable Value City of La Quints Residential Construction 1Jnits Yalu 531 79,318,969 238 29,163,494 336 53,973,239 322 36,971,047 461 70AM,691 770 132,521,0544 1,590 292524,629 1,069 195,774,186 858 171,189,651 831 176,514,682 1,406 244,446,101 148 CITY OF LA QUINTA Principal Taxpayers June 30, 2004 Taxnaver Type of Activity KSL La Quinta Hotel Corp. Hotel KSL PGA West Corporation Residences Sunrise Desert Partners Condominiums KSL Landmark Corporation Vacant Land KSL Land Corporation Residential Land KSL La Quints Corporation Golf Courses TD Desert Development Residential Land La Quinta Golf Properties, Inc. Golf Course M & H Realty Partnership Shopping Centers Washington Adams Partnership Commercial Source: City of La Quinta TABLE 12 149 CITY OF LA QUINTA Major Employers June 30,2004 "in 1 e La Quints, Hotel and Golf Resort PGA West Desert Sands Unified School District Wal-Mart Rancho La Quints The Home Depot Lowe's Home Improvement Stater Brothers Imperial Irrigation District Vons Ralph!s Tradition City of La Quints, Cliff House Source:. City of La Quints TABLE 13 Employees Activi 1,500 Resort Hotel 1,100 Golf Resort 550 School District Administration 250 Retailer 200 Golf Resort 180 Retailer 150 Retailer 126 Groceries 110 Utility Company 103 Groceries 100 Groceries 97 Golf Resort 78 Municipal Government 75 Restaurant 150 TABLE 14 CITY OF LA QUINTA Schedule of insurance in Face June 30, 2004 Company No Policy Number covers Limits Term Premium Hartford PEBA07068 Employee Dishonesty, $1,000,000 12/03/03 - 04 $3,000 Forgery, Computer Fraud Lexington 7818689 All Risk Property Insurance 29,683,900 07/01/04 - 05 27,135 Including Auto Physical Damage (Excluding Earthquake) , Landmark Amer K2HQ407478 Earthquake & Flood 7,500,000 02/07/04 - 05 32,510 Real & Personal Property Including Contigent Tax Interruption California Certificate #5 Comprehensive General $0 Deductible Retention 07/01/04 - 05 272,578 Joint Powers Liability . $50 Million Insurace Authority California Certificate Worker's Compensation 5,000,000 07101/04- 05 240,955 Joint Powers #5009-056 Insurance Authority Source: City of La Quinta - 151 COPY OF LA QUINTA Miscellaneous Statistical Data June 30,2004 Date of incorporation ................................May 2,1982 Type of City ................................Charter City Form of Government ........................Council/Manager City Employees .................................. 78 City Land Area (square miles) .................................... 35.1 Population ............. I..................... 32,522 I Number of Parks ... 12 Total Acreage .............................. 211 Miles of Streets .................................. 118.0 Miles of Bike Paths .................................. 9.7 ' Number of Major Intersections .................................. 45 Number of Traffic Signals and Safety Lighting ....................... 42 Number of Traffic Signs ................................... 2,712 Number of Street Lights .................................. 84 i Public Schools .................................. 4 Private Schools .................................. 1 Churches.................................. 3 Banks/Savings and Loan.....a............................ 7 Number of Single Family Units - Detached .......................... 13,164 Number of Single Family Units - Attached .......................... 2,360 , Number of Multiple Family Units ................................ 1,071 Number of Mobile Homes .................................. 259 1 Source: City of La Quinta 'I 152 1 I TABLE 16 CITY OF LA QUINTA General Fund Balance Trends Last Ten Fiscal Years Fiscal Year Ending Reserved Unreserved Totals June 30 Designated Undesimiated 1994 4,354,139 3,792,864 9,147,003 1995 6,100,309 4,228,680 10,328,989 1996 6,680,048 5,686,027 — 12,366,075 1997 8,202,641 5,936,591 14,139,232 1998 8,915,742 8,568,017 — 17,483,759 1999 8,879,558 14,439,998 23,319,556 2000 10,565,563 18,111,835 — 28,677,398 2001 11,746,211 23,878,259 — 35,624,470 2002 15,351,251 25,522,073 40,873,324 2003 21,099,910 26,584,773 47,684,683 2004 29,210,757 25,494,479 — 54,705,236 Source: City of La Quints, 153 COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Consideration of Adoption of a Resolution Establishing Golf Course Rates and Policies for the Arnold Palmer Classic Course at SilverRock Resort RECOMMENDATION: AMT AGENDA CATEGORY: BUSINESS SESSION: �-- CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution establishing golf course rates and policies for the Arnold Palmer Classic Course at SilverRock Resort. FISCAL IMPLICATIONS: City Council has approved an operating budget for the Arnold Palmer Classic Budget within the Annual Plan adopted July 20, 2004. This Plan provides for an annualized budget of $3,379,366 plus a contingency reserve of $170,634; projects an average per round fee of $83.97; gross profit (total revenue less cost of sales) of $31,487,408; and net revenue of $108,042 (assuming 37,816 rounds of play without use of contingency reserves). This net revenue may partially offset other direct City costs for personnel and supplies not accounted for within the Annual Plan. CHARTER CITY IMPLICATIONS: Section 203 of the City Charter, "Enterprises," provides that "The City shall have the power to engage in any enterprise deemed necessary to produce revenues for the general fund or any other fund established by the City Council to promote a public purpose." BACKGROUND AND OVERVIEW: Construction of the Arnold Palmer Classic Course continues on schedule with a tentative opening scheduled for late January 2005. As the quality of the course has n 28�3 come into focus, Landmark Golf Management (Landmark) and City staff have begun discussing fee schedules and policies designed to ensure competitive pricing, golf access for resort and hotel guests, discounted rates for La . Quinta residents, and operational cost recovery. Rates As noted above, cost recovery is one of the primary objectives. On a very basic level, if the objective is simply to recover operating costs (i.e., not accounting for capital construction expenses) a project budget of $3.4 million with 40,000 rounds of play needs to generate $85 per round to cover expenses. Anything less would require a General Fund subsidy to meet operating expenditures which, in effect, would result in non -golfer subsidy toward golf play. Assuming a static number of rounds, every round of play that generates less than $85, whether due to summer/twilight rates or resident reductions, requires an equivalent round above that rate. Economic Research Associates (ERA) conducted a market analysis for the City in June of 2002 projecting 44,000 rounds on one golf course with an average rate of $67.31 (including a resident rate projected at $45). The ERA analysis projected resident play of 12,000 rounds based upon resident definition and access policies consistent with the existing Palm Desert model. In addition, "on -site hotel" play was projected at 20,000 rounds. The 2002 study assumed project expenses, including food and beverage and merchandise, at $2.815 million; the study projected revenue at $3.581 million, with peak market rates at $135 per round for a net revenue projection of $766,000. As noted and as might be expected, actual anticipated expenses have increased for the project from those projected in 2002. The actual budget is approximately $3.4 million instead of $2.8 million. And, without on -site hotel play, play is projected at approximately 38,000 rounds instead of 44,000 rounds. Additionally, the Annual Plan anticipated only 7,500 resident rounds (i.e., assuming 20% resident play instead of ERA's 27%; in effect, assuming a very strict definition of "resident").. It may not be possible to precisely predict resident play. It is, however, important to note that both the ERA analysis and the Annual Plan assumed that the significant majority of play would be at market rates. Palm Desert indicates approximately 30,000 resident rounds are played on its two courses. Even half that number would significantly affect gross revenue at SilverRock if such play precluded access to willing patrons at full prices. Attachment 1 includes an analysis, prepared by Landmark, denoting rates at other comparative courses in this market. Prime rates range from $89 to $235 during season. Residents receive discounts in Palm Desert, Indian Wells and Rancho Mirage resulting in resident rates between $35 and $55 year-round. Attachment 2 estimates 2 the revenue attributable to just La Quinta residents at peak rates ranging from $30 to $65 and assumes a static number of rounds irrespective of rate in that range (assuming that any rate in that range will still be extremely competitive given the course quality and market options). It is recommended that resident rates in La Quinta be adjusted during shoulder and summer seasons to ensure that appropriate discounts are attained throughout the year. With this structure, the blended or average resident rate would be approximately $48.00. It is recommended that City Council establish a Prime Rate for the Arnold Palmer Classic Course at $160, with provisions for restricted resident play during peak season at $60 (i.e., effectively, a $100 discount per round during peak season). Shoulder and Summer rates would be adjusted as outlined in Exhibit A. Resident Defined The issue of resident discounts such as those discussed above requires a clear understanding of what constitutes "residency" for purposes of equity and enforceability. Palm Desert, in its program, indicates that residency is determined by a person's primary residence according to California Vehicle Code, Section 12505 (Attachment 3). Palm Desert requires that a person demonstrate residency by providing a California Driver's License (CDL) with a Palm Desert address and a current utility bill with the resident's name and Palm Desert residential service address. Palm Desert allows residents without a driver's license to substitute an official California Identification Card (CID) issued by the Department of Motor Vehicles and a current utility bill. Landmark and City staffs met with Palm Desert staff and were advised that the above system had evolved over time and replaced other systems that proved cumbersome, ineffective or too vague for implementation. Palm Desert has also developed criteria for spouses, dependents and significant others (see Attachment 4). Staff believes that the Palm Desert system, while perhaps not entirely without controversy, is legitimate, tried and tested. It requires that the resident supply documents that they actually reside in the City (i.e., that property ownership alone is not sufficient). Only one residency, with applicable dependents, per property address is granted at any one time. Staff recommends that residency be determined as defined by the California Vehicle Code, and coupled with a current utility bill with the resident's name and La Quinta residential service address. Cards would be obtained at City Hall via an application process through the Community Services Department. 3 0 9 ID Tee Times It is essential that hotels and resort rental properties be able to book tee times well in advance to accommodate visitor travel and vacation plans. It is suggested that such advanced bookings be permitted at the market rate and secured by a credit card. Furthermore, it is recommended that tee times booked pursuant to *the discounted resident rate be available no longer than 72 hours in advance. This will give the operator an opportunity to maximize market -rate play without restraint up until three days prior to any given time. Residents and non-residents alike would be allowed to book advance tee times up to ninety days in advance at the full market rate. It is recommended that Resident -rate tee times be restricted to three days in advance; general public tee times ninety days in advance. All tee times secured with a credit card, with cancellations allowed up to 2.4 hours in advance. Private Carts Staff has received inquiries from citizens requesting use of private golf carts on the Arnold Palmer Classic Course. The City's Management Agreement with Landmark already prohibits use of private carts on the course and is consistent with management practices at Desert Willow and Indian Wells. Accommodating this request would require amendment to the Landmark agreement and is not recommended by the operator or staff for operational security and liability reasons. It is recommended that the existing policy restricting private carts from access to the golf course itself be retained. City Employee Discounts The City of Indian Wells allows its employees to play for free, exclusive of normal business hours. Indian Wells has only thirty employees, however, minimizing the potential impact on project revenue. One option, should the Council wish to provide a benefit to all employees and/or retirees, would be to allow said employees/retirees to obtain the resident rate with a card equivalent to the resident card irrespective of actual La Quinta residency. Staff would recommend that the benefit, if provided, be restricted to the resident rate and applicable only to current employees or retirees that have retired from service as La Quinta employees. Resident/Employee Card Fee Fees for Resident Cards at other. cities in the Coachella Valley range from $5 to $10. 4 one Staff believes that $15 will more closely approximate the cost of card issuance. It is recommended that the Resident Card Fee be established at $15. On an annualized basis, the fees and policies outlined above are expected to cover operating expenses provided that the ratio of market -rate to resident play remains as projected (i.e., including approximately 7,500 discounted resident rounds). Landmark has indicated that a 30% increase to 9,846 resident -rate rounds will, if it supplants market -rate rounds, result in a $500,000 reduction in revenue. Accordingly, unless market -rate play can be increased, significant substitution of resident play at the aforementioned rates will require future on -going subsidy from the General Fund to meet approved operating expenses (i.e., with non -golfers effectively subsidizing golf operations). Landmark has prepared an attachment that outlines governing rules for the resident card and denotes anticipated questions/answers (Attachment 5). Once the City Council approves policies and fees, staff will work with Landmark and McMurry Advertising to prepare appropriate informational materials for distribution to resident - card applicants. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Review and determine golf course rates and policies for the Arnold Palmer Classic Course at SilverRock Resort; or 2. Do not review and determine golf course rates and policies for the Arnold Palmer Classic Course at SilverRock Resort; or 3. Provide staff with alternative direction. Respectfully submitted, , I ,,- , Mark Weiss, Assistant City Manager 5 292 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Rate analysis 2. Estimated revenue 3. California Vehicle Code, Section 12505 4. City of Palm Desert criteria list 5. Governing rules for resident cards 6 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING GOLF COURSE RATES AND POLICIES FOR THE ARNOLD PALMER CLASSIC COURSE AT SILVERROCK RESORT WHEREAS, in June 2002, the La Quinta Redevelopment Agency (Agency) purchased 525 acres of land, originally known as The Ranch and later named SilverRock Resort, to be developed with golf, hotel, retail, and recreation uses; and WHEREAS, the Agency acquired the property to create a world -class destination resort; to generate transient occupancy and sales tax revenues for the City; and to provide tournament -quality golf and recreational opportunities for residents and visitors; and WHEREAS, on May 30, 2003, the Agency selected Palmer Course Design Company as golf course architect for the Phase 1 tournament quality golf course, and subsequently named the golf course the Arnold Palmer Classic Course at SilverRock; and WHEREAS, golf course construction will be completed in January 2005; and WHEREAS, rates and policies must be approved by the City Council before the golf course opens for play. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, as follows: 1. Approves the attached golf course rate schedule and policies for the Arnold Palmer Classic Course at SilverRock Resort. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of November, 2004, by the following vote to wit: AYES: 7 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 8 EXHIBIT A SilverRock Desert Willow Indian Wells Mission Hills Resort Resort Resort Resort RESIDENT GOLF CARD Resident Qualification 1. Valid CA Drivers License CDL with P.D. address & current Must present: Deed Must Present Utility Bill with with La Quinta address OR utility bill (non-commercial). of Trust individuals name and a California Indentification Utility bill must have the resident's Rancho Mirage Address. Card issued by the DMV. name & P.D. service address listed 2. A Recent Utility Bill If not CDL, a CID (Ca. with La Quinta Address. Indentification Card) at DMV. How to Get Card City Hall Recreation Center City Hall City Hall How Much $15.00 Per Year $8.00 Per Year $5.00 $75 Per Card / City Per Round $60 $45 $35 $55 / Sudsidises $10 per rnd. Lost Card $15.00; Reissue New Number $15.00 $5.00 Handicap System $10.00 above SCGA (currently $25) $50 / SCGA $35.00 / SCGA $35.00 / SCGA Annual Fee (Jan. 1-Dec. 31) Annual Fee (Jan. 1-Dec. 31) Annual Fee (Jan. 1-Dec. 31) Annual Fee (Jan. 1-Dec. 31) Pract. Range w/out golffee $10.00 Per Hour $15.00 Unlimited $2, $5, $10 Buckets $12.00 Unlimited $7.50 Per Half Hour Private Golf Carts No No No No Walking With Manager's Prior No Walking Except No Walking Except Approval. Highschool Golfers. Highschool Golfers Teaching Program Staff Instructors -PGA No Golf Schools -Were getting 10 % Staff Does All Instruction Director of Instruction Hourly Assistants-75% of Lessons of Leadbetters Gross. Expenses more Golf Digest Schools Salary Assistants-85% of Lessons than 10 % -Not make financial sense! Hour Lessons - $75 Salary Assistants - 85 % of Lessons Hourly Assistants-75 % of Lessons Indenendant Contractors -PGA Director of Instruction: 60 % of 85% of Lessons & Clinics Gross Lesson Income + Small Base Sal. l unior Golf Program TBD Fairway Kids (5-11) & Adv. Tun. (9-14) No Program No Official Program F.W.K-$99 for 8 weeks, meet on Fridays @ 3:30-5:00. Adv. Jun.-$240 for 8 weeks, meet Tues. & Thurs. ® 3:30-5:00 City Employee Rates Resident Rate & Privelages Negioated through H.P. or G.M. City Employee Play - FREE Rental Clubs $45 Name Brand $60 Morning $45 Callaway Clubs $55 Callaway -Includes 2 sleeves of balls $40 After 2:00 p.m. Booking Tee Times Individual 90 Days 60 Days 14 Days 60 Days Groups 1 Year 1 Year 1 Year 1 Year 11/10/20042:48 PM 9 U) CD Zos ° c Z ifl ffl ffl �i, �0 O !'a N CD `V S F. a I � CAI a ,� 0 Q Q CJl 8 Vl (A ww O f L io ON, Q ul �o ifl fA fA b9 EA ° en �c Q Q `� cpVr c�'ri cW cis cn S S S S 8 a RX. O K H I O �� O O O y, 'b iK b N pO pO p� pO pU C o � rt •~ a v�i 8 8 ,cwis 8 8 8 g aV46 469) to Qq 4 m00 EL a 10 297 ATTACHMENT 1 O o n C) C) d (D Z cn t7 c p C yQ N (A N Ul w 00 fA c {f1 LTI N w i Zn .. M C=1 O O VI CT1 Cl7 Cl7 00 O aN � Cl7 ►J 0 0-a 0 1-a 0 o Vt y 1•+ � n „y F J 7 \ a \ s ►p tiA.r R c 7 \ a 7 \ a y O y y O y y O y CJl V v o 'n �E S �-y z a �y z s>> z QQ c yy Z z a o 0 0 VTo 0 C, rt c� r." W3 ch t�/1 o V y . N .x�p O f�q t�0 a y a f�D M b a f9 M b a M a f0 M b y d$ �• \ raj .�► bA � y \ ui ` 5 " C � C \ z \ z \ z \ z \ P� A rt ►+ n D f ►� b G. z z a Z s u w z a z a z a z a z a z a w p, O O O � 3E 3e n r4 ul ►� cn�',� 7R {� 00 40 V io 00 O N , N 4A �Cn �O Efl (ji tVri cVii tvn cWii r� A O U7(ji \ (�)1 \ o o {� ►P CD\ CI7 cVi� 60 O 60 O O (J1 0 �+ d y y y P x y y '° NFf .d fyyD b �yD �•�! .d fpD� �"t b M yC1 y y• Cr � g ° r y W d y �• � O � 0. o N � G z z z z \ �• (iQ a z a z a Z s ; � y z a z a z a z a \z a Z a fD rr 12 O W �• � rt O n x dq � � O• � y G n• G rA Q � o $ � 3E 3E 0 0 0 3e 3E 3@ MA m W ON Ln w d L=J O d 10CJ7 Ln diA... Ctt cn Cnar I c� W (A W O �NN Cn N CTl p� C� O o cjl d "S Z � y A y ►yy rr H to wQW �.xp p tin to y b O Z rq J' Z �: aq dgo '° O •y c �''f �'• yyyy Z Z Z Z04 0 a O O a Z Z a Z s N `-q w `l Z > Z a Z a Z a> Z Z a I �. N c M cm cr Nq C) 4 ATTACHMENT 2 Resident Rate Analysis Assumptions: Rate is fixed, Resident Rounds do not increase or decrease as rates vary, Res. Rnds are based on budget and forecast, and golf course is closed the month of October for Overseeding. M of Days in Month 7 28 31 30 31 30 Tan * Feb Mar Air May L Budget Res Rnds (M-TH) 420 496 608 464 504 324 Budget Res Rnds (F-Sun) 360 372 384 406 364 216 Total Budgeted Res Rnds 780 868 992 870 868 540 Avg Res Rnds Per Day (M-TH) 60 18 20 15 16 11 Avg Res Rnds Per Day (F-SUN) 51 13 12 14 12 7 Total Res Rnds Per Day ill 31 32 29 28 18 Resident Revenue Total $65 $ 50,700.00 $ 56,420.00 $ 64,480.00 $ 56,550.00 $ 56A20.00 $ $60 $ 46,800.00 $ 52,080.00 $ 59520.00 $ 52,200.00 $ 52,080.00 $ $55 $ 42,900.00 $ 47,740.00 $ 54,560.00 $ 47A50.00 $ 47,740.00 $ $50 $ 39,000.00 $ 43,400.00 $ 49,600.00 $ 43,500.00 $ 43,400.00 $ $45 $ 35,100.00 $ 39,060.00 $ 44,640.00 $ 39,150.00 $ 39,060.00 $ $40 $ 31,200.00 $ 34,720.00 $ 39,680.00 $ 34,800.00 $ 34,720.00 $ $35 $ 27,300.00 $ 30,380.00 $ 34,720.00 $ 30,450.00 $ 30,3so.00 $ $30 $ 23,400.00 $ 26,040.00 $ 29,760.00 $ 26,100,00 $ 26,040.00 $ * Course Opens Jan. 24 35,100.00 $ 3UM.00 $ 29,700.00 $ 27,000.00 $ 24,300.00 $ 21,600.00 $ 18,900.00 $ 16,200.00 $ 0 of Days in Month 31 31 30 Overseed 30 31 L� Aug SeQt Oct Nov Dec Bud / Proj. Res Rnds (M-TH) 256 304 306 324 306 Bud / Proj. Res Rnds (F-Sun) 240 192 234 216 234 Total Bud / Proj. Res Rnds 496 496 540 540 540 Avg Res Rnds Per Day (M-TH) 8 10 10 11 10 Avg Res Rnds Per Day (F-SUN) 8 6 8 7 8 FTotal Res Rnds Per Day 16 16 18 ��'�;; 18 17 Revenue Resident Total $65 $ 32,240.00 $ 32,240.00 $ 35,100.00 :::::::::: $ 35,100.00 $ $60 $ 29,760.00 $ 29,760.00 $ 32AW.00 : ' ::: ' :: $ 32,400.00 $ $55 $ 27,280.0o $ 27,280.00 $ 29,700.00 $ 29,700.00 $ $50 $ 24,800.00 $ 24,800.00 $ 27,000.00::::::::':: $ 27,000.00 $ $45 $ 22,320.00 $ 22,320.00 $ 24,300.00 ::: ::::::::::1 $ 24,300.00 $ $40 $ 19,840.00 $ 19,840.00 $ 21,600.00 ::::::::: `: $ 21,600.00 $ $35 $ 17,360.00 $ 17,360.00 $ 18,900.00 ' j: j $ 18,900.00 $ $30 $ 14,880.00 $ 14,880.00 $ 16,200.00 ;;;;::i':;:;:::i $ 16,200.00 $ 35,100.00 $ 32,400.00 $ 29,700.00 $ 27,000.00 $ 24,300.00 $ 21,600.00 $ 18,900.00 $ 16,200.00 $ 2816 2102 4918 319,735.00 295,140.00 270,545.00 245,950.00 221,"5.00 1%,760.00 172,165.00 147,570.00 1496 1116 2612 169,780.00 156,720.00 143,660.00 130,600.00 117,540.00 104,480.00 91,420.00 78,360.00 489,515.00 0 $65 Res. Green Fee 451,860.00 0 $60 Res. Green Fee 414,205.00 0 $55 Res. Green Fee 376,550.00 0 $50 Res. Green Fee 338,895.00 0 $45 Res. Green Fee 301,240.00 0 $40 Res. Green Fee 263,585.00 0 $35 Res. Green Fee 225,930.00 0 $30 Res. Green Fee ATTACHMENT p ISSUANCE —EXPIRATION —RENEWAL § 12505 a Ch. 1 Historical and Statutory Notes operative date of 1971 amendment, March 4, Derivation: Veh.C.1935, § 252, see Deriva- 1972, see note under § 1816. tion under § 12502. Cross References Application of this section to nonresident members of the armed forces under the age of 18, see Vehicle Code § 12518. Failure to surrender nonresident minor's certificate as ground for refusal to issue or renew a driver's license, see Vehicle Code § 12809. permitting unlicensed minor to drive, see Vehicle Code § 14607. Student licenses if parent or guardian is nonresident, see Vehicle Code § 12650. Law Review and Journal Commentaries Review of selected 1992 California legislation. 24 Pac.L.J. 1066 (1993). § 12505. Residency (a) For purposes of this division only and notwithstanding Section 516, -residency shall be determined as a person 's state of domicile. "State of domicile" means the state where a person has his . or her true, fixed, and permanent home and principal residence and to which he or she has manifest- ed the intention of returning whenever he or she is absent. Prima facie evidence of residency for driver's licensing purposes includes, but is not limited to, the following: (1) Address where registered to. vote. (2) Payment of resident tuition at a public institution of higher education. (3) Filing a homeowner's property tax exemption. (4) Other acts, occurrences, or events that indicate presence in the state is ' more than temporary or transient. (b) The presumption of residency in this state may be rebutted by satisfactory evidence that the licensee's primary residence is in another state. (c) Any person entitled to an exemption under Section 12502, 12503, or 12504 may operate a motor vehicle in this state for not to exceed 10 days from the date he or she establishes residence in this state, except that he or she shall obtain a license from the department upon becoming a resident before being employed for compensation by another for the purpose of driving a motor vehicle on the highways. (d) Subject to Section 12504, any person over the age of 16 years who is a resident of a foreign jurisdiction other than a state, territory or possession of t1e United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid driver's license issued to him or her by any other foreign jurisdiction having licensing standards deemed by the Department of Motor Vehicles equivalent to those of this state, may operate a motor vehicle in this state without obtaining a license from the department, except that he or she shall obtain a license before being employed for compensation by another for the Purpose of driving a motor vehicle on the highways. 161 3tJ2 § 12505 DRIVERS' LICENS4 Div. 6 (e) Any person from a foreign .country, except a territory or possession of the United States, the Commonwealth of Puerto Rico, or Canada, shall obtain a class A or a class B license from the department before operating on the highways a motor vehicle for which a class A or class B license is required, as described in Section 12804.9. The medical examination form required for issuance of a . class A or class B driver's license shall be completed by a health care professional, as defined in paragraph (2) of subdivision (a) of Section 12804.9, who is licensed, certified, or registered to perform physical examina- tions in the United States of America. This subdivision does not apply to (1) drivers of schoolbuses operated in California on a trip for educational purposes or (2) drivers of vehicles used to provide the services of a local public agency. (f) Nothing in this section authorizes the employment of a person in violation of Section 12515. (Stats.1959, c. 3, p. 1614, § 12505. Amended by Stats.1961, c. 1614, p. 3451, § 1; Stats.1963, c. 209, p. 949, § 5, eff. April 29, 1963; Stats.1963, c. 237, p. 978, § 4; Stats.1963, c. 666, p. 1655, § 4; Stats.1970, c. 166, p. 408, § 1; Stats.1983, c. 1000, § 8; Stats.1991, c. 13 (A.B.37), § 27, eff. Feb. 13, 1991; Stats.1993, c. 272 (A.B.301), § 19, eff. Aug. 2, 1993; Stats.1995, c. 766 (S.B.726), § 10.) Historical and Statutory Notes Sever -ability and urgency effective provisions ministrative and enforcement procedures fail to of Stats.1991, c. 13 (A.B.37), see Historical and meet the high safety standards now required in Statutory Notes following Education Code the United States, particularly with respect to § 17912.3. all of the followin iss es• Stats.1992, Res. Ch. 70 (A.C.R.128), provid "WHEREAS, The Congress of the' Unit States, in enacting the Commercial Vehic Safety Act of 1986 (P.L. 99-570; hereafter safety act), established common, upgraded co memial driver proficiency and testing sta dards, applicable to the 50 states and the Di trict of Columbia, in order to enhance highw safety; and "WHEREAS, The safety act prohibits drive of large commercial vehicles (trucks and bus from obtaining more than one commercial dri er's license (hereafter CDL) and provides th states shall recognize CDLs issued by oth states; and i "WHEREAS, The language of the safety act clearly limited to drivers' licenses issued withi the United States and does not require states t recognize drivers' licenses of any type issued b foreign countries, including Canada and Me co; and "WHEREAS, Despite the language of th safety act, the Federal Highway Administratio is purporting to require California and othe states to recognize CDLs issued by certain fo eign countries, even though this was never con templated by the Congress, thereby posing serious threat to highway safety; and "WHEREAS, There are substantial and grav concerns that CDLs issued by Canada and Mexi co, as well as other countries, and related ad g u es: "(1) Lack of a communication link between ed the Department of Motor Vehicles and other le countries to check or report traffic convictions, the license suspensions or revocations, failures to m_ appear in court, and other related safety and n- legal matters. s- "(2) No evidence that similar license sanc- tions will be applied, for example, the require- ment that a commercial driver convicted of a second offense of driving under the influence be eS) barred for life from ever driving a commercial v_ vehicle again. at "(3) No requirement in Mexico for a medical er certificate comparable to the certificate issued in California following a biennial medical exam- s ination n "(4) No requirement in Mexico for separate o CDL endorsements for persons driving double y trailers, tank trucks, hazardous materials, or xi- buses. "(5) Longer license terms —the term of a li- e cerise issued in Mexico is 10 years as compared n to only a four-year term for a license issued in r California. r- "(6) Mexico's. ability to implement major - changes in its commercial driver licensing pro- cedures over a period of several months, partic- ularly since the implementation of these e changes in the United States has already taken several years and even currently is not fully implemented; and 162 16 ATTACHMENT 4 o C) N C N -a U- N C O Ln E A m v • • Z O vi Q • 7 r QW O • c+n p Q Z O • O «cn LLJ ca W N • ^ O CC Q N v v O O ' d L LL- m CC I 3N�NW o0 . � . W D O 0 Ln C> O Q Ln Q V qd- C .... • O V) • O .— . •— O • � L3 cn W CC W 0 LAO W O N J --J � F- LU O J W W 0 tn c0 m Q M W p Ln T J LU = M ! E S E �► s d C -0 0-2 v T N N +4,+ 'C — s d ' N 0 C E C N Y 0-0 C •� O +-� u u o -Z E c 0 V o o (� > .a a, E ion � a, .2 0 w C O cc N L .s. •� p 0 Ln 16 3 (n -v •u, s s o .0 U.- v cu E a .� E o � i •X _Q "a m '2 "a N cm N -CA ^ ^ ` N 0 "a C -2, N i -0 N ca v m O M c� N N-0 N c� +-' CO N (A OL N Q 0 to L C ti- C N 4- tv ccO C t -C +-� 4- O 3 N O N C Y N N U CL C� 3 cOJ O O O C O v S E C C L O t V N � O .2 N N df 0- N N .0 N N �, m o ,q U .5, N a- V) ". L O O E E a� v a� us v 10 Nqj sm ^actO a = O Ow Z cn i cv c cacU OaU oOc cis v u as M. 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"C V1 t+ ++ L •� Q 0 Q .� O N Op `�- '� >, = V y C E O r0, "� E cd o c N O T c — lQi O C •� L > -0a �j ,�••�\ °' N a) �i E �, '� O aU) 0 3 > v V a�i M T -o c a o 'c 4) O N� C L-i of O N N N y, � Vf O O c� O N p L "0 O .O >� y C C N S Q EPl O > L O L O V 0 ,A Q E '� N ch L V) O O &n C O -p o a) O E etS p o L= y +'C.. O O a s N 0 c t— W CL L a) a) E '� 2 .. 3 .� E c � v � a--- v fu ch �+ o in .c M 0 E E cc o � ^ E � c �? 5 > € h o +'0 0, C 'v c 'L c c a) o N >, , o _T 0 cp o cv O O c 0 cc N Q' « 9 O Q Q N N H E N O N `=- of 1, .. _ E c kco V C) N C_ L N s_ ` RS N +'' u V Q rL-+ E C .0 = d C fC{ > •C V) Ct L N M L y >, rts O N O O Qhj �O N O Q EO -� O +-C_+ O N t— -0 * F- -0 c E cc v rn .E ac y Q -0 -a ¢ 3 V c 3 a. c..) 3 -o $' a_ c..) -0 �+ s 18 ,� ,� ATTACHMENT 5 SILVERRoCK RESORT" "SilverRock Golf Card" Information & Qualifications La Quinta, CA GOVERNING RULES FOR THE LA QUINTA RESIDENT SILVERROCK GOLF CARD. 1. Resident Cards may only be used by the registered card holder. 2. Residents Card holders may book tee times 3 days in advance of the desired time starting at 6:30 a.m. by calling the Golf Shop at SilverRock. 3. Resident Card holders reserving a tee time more than 3 days in advance, or playing as part of a group in a tee time made more than 3 days in advance, will be charged a full rate greens fee. 4. Guests of Resident Card holders do not receive discount rates; all guests will be charged the public rate. 5. Resident Card holders are required to guarantee tee times with a credit card. No Shows are billed in -full (public rate). Cancellations are accepted, but must be received by the golf shop 24 hours prior to the scheduled tee time. 6. Resident Cards are issued on an annual basis and expire at the end of the month in which applied. FREQUENTLY ASKED QUESTIONS What is The SilverRock Golf Card? The SilverRock Golf Card provides residents of La Quinta discounted golf rates at the City's SilverRock Resort. Golfers with a resident card pay $60.00 per round (Dec. 26- April 30) / Peak Season and $45.00 per round (May 1-July 4: October 1-December 25) and $30.00 during the summer season (July 5-September 30). Where Do I Go To Get My SilverRock Golf Card? Interested residents will go the City Hall/Center at 78-495 Calle Tampico La Quinta, Ca. between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. 19 .� `� lit How Do I Qualify as a Resident? Residency is determined by a person's primary residence according to the California Vehicle Code of the DMV, Section 12505. Resident golf cards will only be issued to residents who qualify by providing proof of this status. La Quinta Residency is not automatically established by ownership of property in La Quinta nor is it based on ownership of or employment with a La Quinta business. How Do I Prove Residency? Individuals must have a California Driver's License (CDL) with a La Quinta address and a current utility bill (non-commercial properties). The utility bill must have the resident's name and La Quinta service address listed. Applicants who do not have a valid CDL with a La Quinta address may prove residency by obtaining an official California Identification Card (CID) issued by the Department of Motor Vehicles (DMV) with a La Quinta Address and a current utility bill, both the identification and utility bill must have the same name and address listed. No exception to the above proof of La Quinta residency will be accepted. Proof required by the DMV to obtain a California Identification Card may vary depending on the circumstances. However, the basic information required is a birth certificate (certified copy) / legal presence document (passport) and your social security card. If you are not required to obtain a social security number, then a denial from the SS Office must be provided. How Much Will the SilverRock Golf Card Cost? It will cost $15.00 per card (payable by cash, check, or money order -no credit cards). Each year you will need to renew your card by reestablishing residency. The renewal fee is $15.00, and the cost for replacement of a lost or stolen card is $15.00. If you do not present your old card at the time of renewal, it will be deemed lost or stolen, and you will be charged the $15.00 replacement cost. Please make sure that you keep your card and bring it with you upon renewing. When Do Cards Expire & When and How Will I Need to Renew My Card? All cards expire at the end of the month in which issued (i.e., a card issued on March 13, 2005 will expire on March 31, 2006). Residents can begin renewing cards in the month prior to the month of expiration. Proof of La Quinta residency will be required each year. Can Other Individuals In My Home Obtain A SilverRock Golf Card? SpouselDependants A spouse must show a California Driver's License or California Identification Card with a La Quinta address. The utility bill of his/her spouse is acceptable, but it must reflect the same last name. If the last names are different, a marriage certificate is necessary for proof of residency for the unnamed spouse. If both last names are listed on the utility bill, then both may obtain a Resident Golf Card. Children and dependants age 23 and under can obtain a SilverRock Golf Card. Proof of Residency for children and dependants must be provided by one of the following: 1. Student ID from a neighboring school/college and proof of residency of the guardian as stated above; 2. A CDL with a La Quinta address and a parent's utility bill showing the same last name; or 3. Legal documentation that the son/ daughter is the resident's dependant and proof of residency as listed. Friend or Significant Other Each Person must have a California Driver's License (CDL) or a California Identification Card with a La Quinta address and one utility bill reflecting service to the La Quinta address. What if Your Business Owns a Resident Unit? The same proof of residency is required: A CDL or CID plus a utility bill reflecting the same name as the individual(s) and a La Quinta address. How Do I Get More Information? Please call the La Quinta City Hall at 760-777-7090. For more information regarding DMV requirements and Social Security, you may contact the DMV in Indio at (760) 342-2288 or Palm Springs at (760) 327-1521 and the Social Security Office in Palm Springs at 800-772-1213. What Are The Fees For Non -Resident SilverRock Golf Card Holders? Non-resident golf cardholders will pay the prevailing public rate and will vary from season to season. Green fees are subject to change without notice. To obtain more information on green fees contact SilverRock Resort Golf Course. 2t 0i-18 Resident Rate Analysis Assumvtions: Rate is fixed, Resident Rounds do not increase or decrease as rates vary, Res. Rnds are based on budget and forecast, and golf course is closed the month of October for Overseeding. # of Days in Month 7 28 31 30 31 30 Ian * Feb Mar Air hLay L Budget Res Rnds (M-TH) 420 496 608 464 504 324 2816 Budget Res Rnds (F-Sun) 360 372 384 406 364 216 2102 Total Budgeted Res Rnds 780 868 992 870 868 540 4918 Avg Res Rnds Per Day (M-TH) 60 18 20 15 16 11 Avg Res Rnds Per Day (F-SUN) 51 13 12 14 12 7 Total Res Rnds Per Day ill 31 32 29 28 18 Resident Revenue Total $65 $ 50,700.00 $ 56,420.00 $ 64,480.00 $ 56,550•00 $ 56,420.00 $ 35,100.00 $ 319,735.00 $60 $ 46,800.00 $ 52,080.00 $ 59,520.00 $ 57,200.00 $ 52,080.00 $ 32,400.00 $ 295,140.00 $55 $ 42,900.00 $ 47,740.00 $ 54,560.00 $ 47,850.00 $ 47,740.00 $ 29,700.00 $ 270,545.00 $50 $ 39,000.00 $ 43,400.00 $ 49,600.00 $ 43,500.00 $ 43,400.00 $ 27,000.00 $ 245,950.00 $45 $ 35,100.00 $ 39,060.00 $ 44,640.00 $ 39,150.00 $ 39,060.00 $ 24,300.00 $ 221,355.00 $40 $ 31,200.00 $ 34,720.00 $ 39,680.00 $ 34,800.00 $ 34,720.00 $ 21,600.00 $ 196,760.00 $35 $ 27,300.00 $ 30,380.00 $ 34,720.00 $ 30,450.00 $ 30,380.00 $ 18,900.00 $ 172,165.00 $30 $ 23,400.00 $ 26,040.00 $ 29,760.00 $ 26,100.00 $ 26,040.00 $ 16,200.00 $ 147,570.00 * Course Opens Jan. 24 # of Days in Month 31 31 30 Overseed 30 31 IN �� .. llil Au —g SW Oct Nov Dec Bud / Proj. Res Rnds (M-TH) 256 304 306 324 306 1496 Bud / Proj. Res Rnds (F-Sun) 240 192 234 216 234 1116 Total Bud / Proj. Res Rnds 496 496 540 540 540 2612 Avg Res Rnds Per Day (M-TH) 8 10 10 11 10 Avg Res Rnds Per Day (F-SUN) 8 6 8 7 8 Total Res Rnds Per Day 16 16 18 18 17 Revenue Resident Total $65 $ 32,240.00 $ 32,240.00 $ 35,100.00 : ::::: :: ::: ::: $ 35,100.00 $ 35,100.00 $ 169,780.00 $60 $ 29,760.00 $ 29,760.00 $ 32,400.00 :' : ; ::: `: $ 32,400.00 $ 32,400.00 $ 156,720.00 $55 $ 27,280.00 $ 27,280.00 $ 29,700.00 ''' $ 29,700.00 $ 29,700.00 $ 143,660.00 $50 $ 24,800.00 $ 24,800.00 $ 27,000.00 $ 27,000.00 $ 27,000.00 $ 130,600.00 $45 $ 22,320.00 $ 22,320.00 $ 24,300.00 :' ' : :' :::: $ 24,300.00 $ 24,300.00 $ 117,540.00 $40 $ 19,840.00 $ 19,840.00 $ 21,600.00 $ 21,600.00 $ 21,600.00 $ 104ASO.00 $35 $ 17,360.00 $ 17,360.00 $ 18,900.00 $ 18,900.00 $ 18,900.00 $ 91,420.00 $30 $ 1400.00 $ 14,90.00 $ 16,200.00 : ' :: ': '::: $ 16,200.00 $ 16,200.00 $ 78,360.00 $ 489,515.00 0 $65 Res. Green Fee $ 451,860.00 ® $60 Res. Green Fee $ 414,205.00 0 $55 Res. Green Fee $ 376,550.00 ® $50 Res. Green Fee $ 338,895.00 0 $45 Res. Green Fee $ 301,240.00 0 $40 Res. Green Fee $ 263,585.00 ® $35 Res. Green Fee $ 225,930.00 0 $30 Res. Green Fee 22 COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Consideration of Adoption of a Resolution of the City Council of the City of La Quinta Making and Updating Certain Findings Pursuant to Health and Safety Code Section 33445(a) Relating to the Development of the SilverRock Resort Project RECOMMENDATION: OA a 'WWW WV AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council of the City of La Quinta making and updating certain findings pursuant to Health and Safety Code Section 33445(a) relating to the development of the SilverRock Resort project. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: See staff report for RDA item. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council of the City of La Quinta making and updating certain findings pursuant to Health and Safety Code Section 33445(a) relating to the development of the SilverRock Resort project; or 2. Do not adopt a Resolution of the City Council of the City of La Quinta .making and updating certain findings pursuant to Health and Safety Code Section 33445(a) relating to the development of the SilverRock Resort project; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager 311 Resolution No. 2004- The SilverRock Resort Adopted: November 16, 2004 Page 3 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY OF LA QUINTA MAKING AND UPDATING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a), RELATING TO THE DEVELOPMENT OF THE SILVERROCK RESORT PROJECT WHEREAS, on the 15th day of May, 2001 the La Quinta City Council (the "City Council") approved the 2001-02 Economic Development Plan which includes implementation policies supporting economic diversification, business expansion, economic protection and preservation, and recreational opportunities; and WHEREAS, the La Quinta Redevelopment Agency ("Agency") owns 525 acres of property (the "SilverRock Resort") located in La Quinta Redevelopment Project Area No. 1 (the "Project Area") which is suitable to attain the aforementioned objectives; and WHEREAS, on the 16th day of April, 2002 the City Council made findings pursuant to Health and Safety Code 33345 to approve use of funds from Redevelopment Project Area No. 1 for an Option Agreement to allow the Agency an opportunity to complete due diligence activities related to acquiring the SilverRock Resort property; and WHEREAS, on 15th day of May, 2002, and October 21, 2003, the City Council made certain findings related to acquiring and developing the SilverRock Resort project; and WHEREAS, the Agency has now approved an updated budget for the SilverRock Resort project; and WHEREAS, the City Council now wishes to update its prior findings now that the budget has been updated; and WHEREAS, the lack of recreational facilities and the prevalence of economic maladjustment were documented as some of the conditions of blight that justified the formation of the Project Area, as cited in the October 1983 Report to the La Quinta City Council on the Proposed Redevelopment Plan for La Quinta Redevelopment Project No. 1; and 3 Resolution No. 2004- The SilverRock Resort Adopted: November 16, 2004 Page 4 WHEREAS, the lack of recreational facilities and the prevalence of economic maladjustment were documented as some of the conditions of blight that justified the formation of Project Area 2; and WHEREAS, Section 518 of the Redevelopment Plans for La auinta Redevelopment Project Nos. 1 and 2, as amended, authorizes the Agency to purchase and improve property for park, recreation, cultural and community facilities; and WHEREAS, developing the SilverRock Resort project would afford the Agency the opportunity to address some of the aforementioned conditions of blight; and WHEREAS, there is inadequate funding within the City's General Fund or from other sources to develop the SilverRock Resort project; and WHEREAS, it would be in the best interest of the public to pursue the development of the SilverRock Resort project. NOW, THEREFORE, BE IT RESOLVED, by the La auinta City Council as follows: SECTION 1. The above recitations are true and correct and are adopted as the findings of the City Council. SECTION 2. Pursuant to Health and Safety Code Section 33445(a), the City Council finds and determines that: A. The continued development of the SilverRock Resort project is of benefit to Project Area Nos. 1 and 2, and to the immediate neighborhood in which the SilverRock Resort is located. B. No other reasonable means of financing the SilverRock Resort project are available to the community. C. The payment of funds for the development of the SilverRock Resort project will assist in the elimination of one or more blighting conditions inside the Project Area, including the lack of recreational facilities and opportunities, and is consistent with the Agency's implementation plans adopted pursuant to Section 33490. 4 313 Resolution No. 2004- The SilverRock Resort Adopted: November 16, 2004 Page 5 D. This resolution shall take effect from and after its adoption. BE IT FURTHER RESOLVED, the City Council for the City of La Quinta consents to the expenditure of the Agency's Project Area 1 and 2 funding for the completion of the SilverRock Resort project. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on the 16' day of November, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) 5 �14 Resolution No. 2004- The SilverRock Resort Adopted: November 16, 2004 Page 6 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 000- a�V► 4 XP OF COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Consideration of Planning Commission Vacancy RECOMMENDATION: As deemed appropriate by the City Council. W-Eww A ■ ■UMw■ ■A A T10%AII%_ None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Commissioner Ken Krieger has submitted a letter of resignation from the Planning Commission. He has indicated a willingness to continue serving on the Commission until a replacement is appointed. Staff has attached the applications of the candidates for appointment in June, 2004 for Council's review (Attachment 1) . FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint a new Planning Commissioner from the applications on file; or 2. Do not appoint a new Planning Commissioner from the applications on file; or SjG 3. Direct staff to begin a recruitment to fill the position and request Commissioner Krieger to continue serving until a replacement is appointed; or 4. Provide alternative direction to staff. Respectfully submitted, J . Greek, City Clerie Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Applications from June, 2004 Recruitment 2 �� 17 ATTACHMENT 6E Date: CITY OF LA QUINTA Uj JUG! -1 P �' 48 _. M , , .�,.�• APPLICATION TO SERVES j :�. , .T ON �i �� _ � �.� •;. ,,a. Cyr f I CE'� LA QUINTA PLANNING COMMISSION NAME: Nvc Lingo g- r HOME ADDRESS: - 78 W5� 07' (Must be a La Quinta resident and eligible to vote in the City.) .TELEPHONE: (HOME) 3100 7Y2#t BUSINESS: S308 -S-00 0 EMAIL: FAX: 54 , 2-10 670 BUSINESS ADDRESS��/. IF EMPLOYED,. LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD, TAw%e S avE Cc w-LS FQV`T t�On1 G, I'►�1, I LENGTH OF RESIDENCE IN LA QUINTA: 10 HAVE YOU EVER'ATTENDED A MEETING OF THIS COMMISSION? VIE 5 Biographical sketch, including education, work experience, civic involvement and other back- ground.. Please be sure to include experiences relevant to duties of the position you seek. Q-u+L A S-747x- T4&2*Ai4._r-;a7'0 _ A4xfpj ESJ An 140 IL - /99 Al Wilo SAt 4. � t Ip✓� Ca..�.t i • Zv0 � -' 2ES�•.ri GE.•rE2.r4t, a^Cz�2, I�fRJe AWIFAI ©ED 4FV15� �l N`C �M�11 l �••J /1�tTla . APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. C0#" MV fj 1T*-/ 71-449 Z &L PC Ac,7-.0 IAI 00M0fX(#4-r/W 'PiArger -6t:z-y CirY eon -✓et �.. 7-9C LQPG /fits r'.4o- /*;v"/&7zr /ova&- jo#,%jS bvzle5 R t".sc2!MD / 7 06' #ytj.4r Cr zVoilevO LAPJ E" % tfC 01-r y" F LQ &l ttt4 EXCE/<GIS /�N �/ O t 2ls�c i C dn�Ti'LAcTtiyl� RVT/40,uTV AS /At .9Z-nVjJ f SDO 7 &C A4~,N1N4 L44 k1. What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? 14AS M.4AI%1 /S.- ES o2 rfZV0t45MJ 7-1447- 7-hWy 4A ci' ,cvr,N AS o!� ThV2CStD�i•t_'j 7,10 lb0 *0- TNEr C T-1, What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? 0/- %MiSr A6W 14L0 I TJ WOVIM4 L MF54 IA% W M 0:bICA--n0" MA S2X- 4GAWU E, 46— T- aez.J6-ye- ,T- C04-oy �N f�h4rJC,- 7W (*Ajt- D /c 7 L 61 �/• PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 787496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YO URIr WIL4INGNESS TO SERVE YOUR LOCAL GOVERNMENT June 7, 2004 City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Attn: City Council Re: Application to Serve on La Quinta Planning Commission Dear Mayor and Members of the Council, I would like to be appointed a member of the Planning Commission so that I can have a positive impact on the future of our city. Based on my education, work experience in the construction industry, and having lived in La Quinta for 10 years, I feel that I am well qualified to serve the citizens of La Quinta. Thank you for the opportunity to serve our city. Sincerely, Dave Lippert 78745 Rockberry Court La Quinta, CA 92253 360-4241 ATTACHMENT 6F Date:- tQ0A %0) _20097_ _f mA 9- 01 CITY OF LA QUINTA 10E, APPLICATION TO SERVE ON LA QUINTA PLANNING COMMISSION NAME: 'Ok. Mvirm E. M 1* 11 HOME ADDRESS: --- - BO 35,S We%s Kopyr (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) 911- 64-02- BUSINESS:. t4 Ff EMAIL:, am FAX: 911 1 US+ BUSINESS ADDRESS N /Pi 4 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S). YOU HOLD � t LENGTH OF RESIDENCE IN -LA QUINTA: V/2- qears HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Ye-q Biographical sketch, including education, work experience . , civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. F4 Dr. Myron E. Mintz (Ret) Email... JMMEM@aol.com Phone ... 760 771-0402 Schools: University of Alaska Solano College, Vallejo, CA. Temple University, PA. Pennsylvania College of Podiatric Medicine California College of Podiatric Medicine Hold... A.A., B.S. and D.P.M. degrees USArF....January `58-December `60 Podiatric Physician.... September 1970-December `95 Athena Antiques, Inc....Owner....September `94-December 2003 Prior to becoming a Podiatric Physician, I worked. many years iri retail sales and as a building subcontractor. As a Podiatric Physician, working as many as four different offices, I employed 'a widely divergent staff. Additionally, I have acted in our family's behalf in the building and remodeling of several homes, as well as the purchasing and selling of land and many single family homes. My wife and I have lived in the desert for the past 3 years. As I am not a golfer or tennis player, I would be interested in finding a position which would utilize some of my many talents. I am presently residing at PGA West where I am serving on the violations, landscape, an the architectural committees and also on the Fairways Board of Directors. s -SUN—a4—:eUU4 02 : 00 PM M I NTZ 7607711154 P.01 June 4, 2004 Dear Honorable Don Adolph and Distinguished Council Members: On June 3'd I was glad to receive a post card from the City of La Quinta requesting my presence for interview to the Planning Commission. Unfortunately, due to 2 prior commitments at PGA WEST on June 15, 2004, I will be unable to attend at 3:OOPM. At 1:00 PM as a member of the PGA WEST Fairways Board of Directors I have a committee meeting which involves a Request For Proposal for one .of our SBAs. That meeting will be followed by a Landscape Committee meeting in which I Co -Chair starting at 2:30 PM and lasting to about 4:30 PM. I should be available for the Planning Commission interview at about 5:OOPM if that is not too late. If 5:00 PM proves to be too late for the interview, your consideration in my application to. the Planning Commission would be most appreciated. In any event, I plan to take my wife out for a nice dinner that evening in celebration of our 35 h anniversary. You see, June 15`h is a very busy day for me. core M n E. intz 194 ATTACHMENT. 6G , ', Date: 0 /0 �4 20 I Y 2 AM 9: 52 CITE =W, ,�0;�,�� CITY OF LA QUINTA �' OFFPLICATION TO SERVE ON LA QUINTA PLANNING COMMISSION NAME: HOME ADDRESS: /40 ViA— (Must be a La Quinta resident and eligible to vote in the Uij TELEPHONE: (HOME)_%6D 6 q -- 7 9 BUSINESS: �(eO S4 EMAIL. f� I oea tA' //OP, kZAX: BUSINESS ADDRES 41 q I a b 10QC, no l i-A- IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD A&E-AJI 'F LENGTH OF RESIDENCE IN LA QUINTA: 1�/Yj L1 HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? /�1h Biographical sketch, including education, work experience, civic involvement and other back- ground, Please be sure to include experiences relevant to duties of the position you seek. DA) 'I 4�54'Z, jA) 0 X_) A,-- 5 r 4--&S w= _ - j 4,_5 C) C, AJU M104; J) rLb A) M i:r:�7 r�.�rt _3)6S tJ 4- 4 �j3 ScA--,P t cqA* -) AJ tt} 10 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of .the La Quinta Planning Commission. 4� �� ► L 1.4�-�--� c•�� "ice �- T nt/.�� '�t.)IC.�`� D �- j L7Z:520 What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? P1 Mv" i i & � 4�� 4-- What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? )G 'r-7 PA ) V1 P -A) A-6- r, r_�'s 1 i I WFAI A. NEAR., PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOURWIL4INGNESS TO SERVE YOUR LOCAL GOVERNMENT` Pearle Gray Mintz 74-140 El Paseo #448 Palm Desert, CA 992260 760 779-9027 Fax 760 779-5917 E-mail: pearlegray@earthlink.net June 1, 2004 3 JUN - 7 Pm I: 14 Mayor Adolph and City Council Members, I have submitted my application to be considered as a member of the Phmning Commission. Unfortunately, I will not be able to personally attend your meeting on June 17th as I have a prior committment to be in New York at that time. In addition, I leave the desert for the months of July and August. I don't know if this will disqualify me so I am addressing the issue at this time. By looking at my experience and background, you can see that I have both the educational and business background to be a good contributing member to the Council. Personally, I am very interested in the development and the aesthetics of our community and am eager to participate. If the Council feels that I would be able to have an interview after my return from New York on June 21, that could be arranged between the City Clerk and myself. I appreciate the opportunity to submit my application and hope to hear from you. ATTACHMENT 6H 1i. v.._i --D CITY OF LA QUINTA , .�y �U _ 7 PM�Z� 3 3 APPLICATION TO SERVE LA QUINTA PLANNING COMMISSIONi F ` ' Y , S U�r'f 10 NAME: Shawnna H. Trombetta HOME ADDRESS: 51-375 Calle Ilo Ilo LaQuinta, CA 92253 TELEPHONE (HOME) 760-777-8280 BUSINESS: 760-416-8445 EMAIL: chamber 777@@,ol.com FAX: 760-346-7861 BUSINESS ADDRESS: 1321 N. Gene Autry Trail Palm Springs, CA 92262 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITIONS) YOU HOLD Fairway Outdoor Advertising, Director of Real Estate LENGTH OF RESIDENCE IN LAQUINTA: 4 Years HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? No Biographical sketch, including education, work experience, civic involvement and other background. Please be sure to include experiences relevant to duties of the position you seek. I have lived here in LaQuinta for the past 4 years. 1 am in the process of finishing my Associates Degree in Business and then I will be going on to obtain my Bachelor's Degree. For the past year I have been working for Fairway Outdoor Advertising as their Director of Real Estate, I am responsible for preserving the company's assets and finding new assets. I have been working with several cities throughout Riverside and San Bernardino County's through their planning and building departments as well as their city council. I have also been working with the County Supervisors office on several different projects. I am involved with the Coachella, Indio, LaQuinta, Palm Desert, Cathedral City and Palm Springs Chambers of Commerce. I am also on the Leadership Alumni Board of Directors Describe your knowledge of the functions, regulations, and procedures of the LaQuinta Planning Commission. Members of the Planning Commission are appointed to the position to work within the ordinances that have been adopted by council. Their function as I see it is to provide consultation and to make recommendations to the council on effective ways to accomplish the communities' goals. 13 . What specific issues or problems face the LaQuinta Planning Commission and do you have any suggestions to address those issues or problems? This City is booming, at this time I am not in a position to name specific problems or issues. I know that every City has its problems and someone will always disagree with recommendations made by the Planning Commission and the ultimate decision that is made by the council. I think it is important that whatever problems or issues the Planning Commission is faced with, that as a group they listen to the community, recognize conflict and educate themselves on all issues facing the city. Depending upon the decisions that the council makes will determine the economic strength of the community and will inevitably bring this city to its potential. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the LaQuinta Planning Commission? LaQuinta is where my husband and I decided to raise our family, it is a great city to live in and 1 am proud to be a resident here. If given the opportunity to serve on this commission I will be able to enhance the work of this city. I am energetic, honest, I have a positive attitude, and I am a take -charge person. Most importantly I have 'a very open mind and 1 am able to think outside of the box, and educate myself on issues and or problems that face the city. My experience dealing with different cities in Riverside and San Bernardino County's and working with surveyors and engineers in my field of expertise will enable me to keep an open mind while helping the council to make informed decisions that will proactively plan positive development for our city. Thank you in advance for your consideration. ATTACHMENT 6I % 4 JUN — 3 PH ! : 55 CITY OF LA QUINTA , APPLICATION TO SER 'y�Cf�'s r. '#S 10 FT ON LA QUINTA PLANNING COMMISSION NAME: /` 16em w .e! �: -, W,�4 ✓L-i� HOME ADDRESS: ¢35' (Must be a La Quinta resident and eligible to vote hi the City.) ,TELEPHONE:. (HOME) �� = Q/�'Si BUSINESS: EMAIL: FAX: BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD .EC_7/.c��© /-6 y.Pas LENGTH OF RESIDENCE IN LA QUINTA: >1251WS" HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? y�S Biographical sketch, including education, work experience, civic involvement and other back- ground: Please be sure to include experiences relevant to duties'of the position you seek. loz— �4r -t- y�f�.c°3 ��s'/�iV .�iY�/�✓ ,�iY� S��e�/z'7�� iy�/�Y, .� -'' fi1/O.P.��1� /Ti} PL�ti/r/l/lfl�" l��,�•F'Ti7!,�/✓7'S C7rt� S� �- C ✓i1/ . �s�21t � 21i��f ,!9 �G'1.yT 1Pao, � APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. i'Er/��2 /� / BCdii`II coiF�'�/�sfor,�/��✓178�i� / G!'/LL What specific issues or problems- face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? .41 �DBL�•�S `D� �j�I/%'llS�flDr� . }/1/D G"/T� �DcJ.tJG/� What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? ��9/•�i�S' PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT � s TO: FROM: DATE: SUBJECT: MEMORANDUM Honorable Mayor and Members of the City Council June Greek, City Clerk November 16, 2004 Applicants On -file for Planning Commission Yn , /iG 41 I have contacted the applicants for the Planning Commission who applied in June, 2004 and who indicated they wished to be considered should another vacancy occur. Dave Lippert plans to attend the meeting and is also still interested in an appointment to the commission. Dr. Myron E. Mintz indicated he has a conflict with another meeting scheduled for the same time but he would make every attempt to be at the meeting by 4:30 p.m. Pearl Grey Mintz plans to attend the meeting and is still interested in an appointment. w►At\i�.�:. � J ; a.. t O►*-W�.&*^t- ( 3�.00 .w, • %I <«Iabm� ; , Shawnna Trombetta will be out of town on a business trip, but is still interested in being appointed. Richard Weaver intends to be at the Council meeting and still wishes to be appointed. cc: City Manager COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Consideration of an Operation and Maintenance Agreement for the Fritz Burns Park Pool with the Family YMCA of the Desert RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: � CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an Operation and Maintenance Agreement with the Family YMCA of the Desert ("YMCA") for the Fritz Burns Park Pool subject to any final changes approved by the City Manager and City Attorney, and direct staff to pursue the City's contractual right of reimbursement as a result of the Coachella Valley Recreation and Park 'District ("District")'s termination of the pool operation and maintenance agreement between the District and the City. FISCAL IMPLICATIONS: The Fiscal Year 2004-05 budget contains $16,500 for the City's 2005 contribution for pool operation under the former pool operation agreement with the Coachella Valley Recreation and Park District ("District"), as well as $1, 500 for non -routine maintenance items should they arise. Should the City Council elect to enter into an agreement with the YMCA, additional funding would not be required in the 2004- 05 budget. However, the City is entitled to reimbursement from the District in the amount of $169,284 due to the District's termination of its agreement with the City. Once received, this refund would fund approximately five years of pool operation and maintenance. CHARTER CITY IMPLICATIONS: None. 3u? BACKGROUND AND OVERVIEW: On January 20, 1998, the City entered into an Operation and Maintenance of Facility Agreement ("Agreement") with the District for operation of the Fritz Burns Park Pool ("pool") . The Agreement is provided as Attachment 1. As outlined in Section 10 of the Agreement, the City agrees to compensate the District for the first eighteen (18) years of the Agreement. The initial payment was $26,174 with the payments decreasing by $1,454 each year. The term of the Agreement was for twenty-five (25) years, to run through May 2023. Pursuant to Section 3 of the Agreement, either party has the right to terminate this Agreement with or without cause. Six months' written notification of a decision to terminate was required to be given prior to the effective date of termination. As explained below, there are financial consequences to early termination of this Agreement. In a letter dated April 30, 2004 (Attachment 2), the District notified the City that the District was exercising its right of termination, effective November 1, 2004. In a meeting prior to April 30 with City Staff, Mr. Stan Ford, General Manager of the District, stated that the District is unable to absorb the cost of operating the pool. In both the letter of April 30, and in subsequent communications of July 14, 2004 and July 20, 2004 (Attachment 3), Mr. Ford stated the District was willing to pursue an agreement on different terms to operate the pool. However, pursuant to the correspondence dated April 30, 2004, the District had terminated the Agreement. Due to the termination of the Agreement, the District is now required to reimburse the City for the City funds expended for the operation of the pool. Section 3 of the Agreement states that if the Agreement is terminated within the first 18 years of its term, "...the party terminating this agreement will reimburse the other party all money that has been 'expended by the other party during previous years." The City has paid the District $169,284 since 1998 for the operation of the pool, as shown in the following table: Year Participants Revenue City Contribution Expenses CVRPD Contribution 1998 11,709 $15,924 $26,174 $65,570 $23,472 1999 12,983 $17,583 $26,720* $72,603 $28,300 2000 13,971 $23,890 $26,366* * $75,211 $24,955 2001 14,545 $29,962 $33,312* * * $75,525 $12,251 2002 1 18,539 $29,740 $20,358 $88,105 $38,007 2 r 2003 17,113 $37,205 $18,904 $77,270 $21,161 2004 14,014 $25,606 $17,450 $78,065 $35,010 Total 102,874 $179,910 $169,284 $ 532,349 $183,156 Average 14,696 $ 25,701 $ 24,183 $ 76,049 1$26,165 *Includes $2,000 for additional nours curing z)eptemoer ana uciuuer Lu LIM L:u11LiacLcU aiiwuiiL of $24,720. **Includes $3,100 for additional hours during September to the contracted amount of $23,266. * * * Includes $11,500 City contribution for misting system and heat blanket to the contracted amount of $21,812. The District must now return of $169,284 to the City. As shown in the chart above, attendance at the pool had declined for the last two years. According to District staff, the decline of, participants in 2004 was due to the District's inability to hire staff for the spring season and the lack of pool parties provided to the public. After receiving the notification from the District that it was unable to operate the pool and was terminating the Agreement, staff contacted the YMCA regarding possible operation and maintenance of the pool. Attachment 4 provides the draft proposal for operation and maintenance of the pool from the YMCA. The YMCA is recommending that any annual financial surplus or deficit realized by the YMCA in operations of the pool would be split equally between the YMCA and the City. Based upon past revenue and expenditures for the pool, it is estimated the annual cost to the City would be $30,000 if the agreement with the YMCA were approved by the City Council. As a comparison, in the correspondence dated July 20, 2004 (Attachment3), the District had offered to enter into a revised agreement to include annual payments to the District of $38,000 plus cost of living increases and increases of minimum wage to be passed along to the City for pool personnel. Staff has concluded that the option presented by the YMCA is more cost effective for the City. It should be noted that the YMCA is requesting the City pay for maintenance, repair and replacement of the pool equipment, pool chemicals and restroom supplies. Currently, the City budgets $1,500 per year for the non -routine maintenance/repair costs to the facility. Attachment 5 is a draft Operation and Maintenance Agreement with the YMCA with a provision for the City to reimburse the YMCA for fifty percent of the costs incurred for cleaning and maintaining the pool and pool equipment, along with paper products and cleaning supplies. Repair and replacement of the pool equipment would be the sole responsibility of the City except in the case of negligence on the part of the YMCA with regard to the pool and pool equipment. Reimbursement from the District in the amount of $169,284 would represent an estimated five year contribution to the YMCA for operation and maintenance of the pool. 3 j 4 The City Attorney is recommending against the YMCA's request to have the City indemnify the YMCA unless it is solely negligent. The YMCA has the responsibility of full operations of the pool, including the maintenance of the facility and the selection and training of staff. Whether an injury was caused by the sole negligence of the YMCA would be very difficult to prove. Such an indemnity agreement would likely lead to disputes between the parties if a claim is made. Another option available for consideration is the City's operation of the pool through the Community Services Department. Planning for the spring season would begin the first of the year and would require hiring lifeguard staff and providing training. In addition, the City would include the pool maintenance as a part of the contract the City has with the company that cleans the City's fountains. The cost to, the City, .after revenue is deducted, to operate the pool is estimated at a deficit of $52,000 per year and would require additional staff to be hired for pool operation. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an Operation and Maintenance Agreement with the YMCA for the Fritz Burns Park Pool subject to any final changes approved by the City Manager and City Attorney, and direct staff to pursue the City's contractual right of reimbursement due to the District's termination of the Agreement between the District and the City; or 2. Direct staff to begin the process of the City operating the pool and direct staff to pursue the City's contractual right of reimbursement due to the District's termination of the Agreement between the District and the City; or 3. Direct staff to negotiate a new contract with the District for the operation of the pool and to pursue the City's contractual right of reimbursement due to the District's termination of the Agreement between the District and the City; or 4. Provide staff with alternative direction. n 3%-"-);5 RespeVtfully spbmitted, Do-Wie Horvitf, Attachments: mmunity Services Director Approved for submission by: Thomas P. Genovese, City Manager 1. Operation and Maintenance of Facility Agreement 2. Letter dated April 30, 2004 from the District 3. E-Mail Correspondence from Mr. Ford 4. Correspondence from the YMCA 5. Draft Operation and Maintenance of Facility Agreement with the YMCA 5 ATTACHMENT 1 COACHELLA VALLEY RECREATION & PARK DISTRICT AND CITY. OF LA QUINTA FRITZ BURNS POOL OPERATION AND MAINTENANCE OF FACILITY AGREEMENT THIS OPERATION AND MAIIfnEt�NANCE OF FACILITY AGREEMENT (the "AGREEMENT") made and executed this day of _T" u aR� 19 14 "City' by and between the CITY OF LA QUINTA, a Municipal Corporation, hereinafter called the City, and COACHF.LLA VALLEY RECREATION and PARK DISTRICT, a public agency, hereinafter called the "District." WITNESSETH: WHEREAS, the City intends to construct upon property owned by the City of La Quinta, a municipal swimming pool in the Fritz Burns Park located within the City of La Quinta, and WHEREAS, the District is operating other swimming pools, throughout the Coachella Valley, and is desirous of assuming the supervision, control, maintenance and operation of this pool to provide recreational activity for the citizens of the City of La Quinta. NOW, THEREFORE, in consideration - of the foregoing and. the mutual promises and covenants set forth herein, the Districcand City agree as follows: 1: General Dion; The District shall operate and maintain the Fritz Burns Pool as a public swinuning pool facility commencing when the City records the Notice of Completion. The Fritz Burns Pool shall be defined as provided. The pool shall be open. to the public every day at Fritz Burns Park during the hours of operation as determined by the District (See Attachment "Al. The hours as indicated in Attachment A are estimates. The actual hours of operation are subject`to change upon actual use by the public. The City shall have input regarding the hours of operation. 2. Tom:- This agreement subject to termination pursuant to paragraph 3, shall be for a twenty- five (25) year period, ;,commencing on Notice of Completion of said pool and continuing through May 2023. 3. Termination: Either. party has the right to terminate this agreement with or without cause. Six months written notice of a decision to terminate shall be given prior to the effective date of termination. If either party terminates this agreement during the initial eighteen (18) years of this agreement, the party that terminates will reimburse the other party all money that has been expended by the other party during previous years. F:~1PTIPItOJECT8%F8P"W0lh9V.WP0 3 7 4. • The District shall be responsible and pay for the maintenance and upkeep of the Fritz Burns Pool and equipment in a good andworkmanlike manner. The City and District shall jointly be responsible for the major repair and replacement of equipment such as plumbing, electrical, filter system, pumps, beaters and chlorinators, as well as structural repair and replacement of the pool and premises shared at -50% each; except that any repair or replacement necessitated by the failure of the District to properly maintain and supervise the premises shall be paid for by the District. The City and District shall• mutually agree to the need for the repairs and the maximum allowable amount of the repairs in advance of commencing with the repairs. For non -emergency repairs, staff shall meet and agree upon a proposed budget to submit for council and board approval by March 15 of each year. 5, Definition of Fritz Burns Pool: It is understood and agreed that the pool. area is part of and within a City owned and operated park and that the responsibility of the District extends o nly to that portion within the area outlined in red in Attachment H B attached hereto. and made a part hereof. District and City staff shall coordinate maintenance of the remainder of park and the Fritz Burns. Park pool to ensure smooth operation of the overall facility. 6 Recreation Services - pri . Burns Pool: The District shall provide recreation services to the public at the Fritz Burns Pool during the Pool Season, including. adult and youth swimming such other recreation services- as the District, in its sole activities, open swirriming, and discretion, may determine. 7 Pgol NWntiMance Services The District will maintain in good o erating condition the Pool, associated 1 buildings, maintenance equipment, .and related wading pool, pool equipment p� personal property. The District shall have exclusive control of the pool and shall determine the manner and method for maintaining the same. The District may, in its sole discretion, enter into one or more maintenance contracts with third parties (e.g. a commercial pool cleaning company) to fulfill its obligations under this Section. 8: Personncj: In providing the recreation services pursuant to this Agreement, the District shall employ. ened by the District in accordance with the only personnel District trained and sere District's personnel policy rules, as established from time to time. 9. Eoes: The District shall have the right to charge and collect fees from the public for the use of the Fritz Burns Pool facility and participation in the recreation programs and activities . provided by the District. . The amount of such fees shall be determined by -the District in its sole discretion. 10. Pavment for pDgffitin,=n IWd Maintenance: The City agrees to compensate the District the first year $26,174.00 and decrease by $1,454.00 each year for eighteen (18) years. The payment schedule shall be as follows: F:1PWCEprJ*OJECTS%FBPeeI{MOurev.N!PD 007 V V 3 PAYMENT SCHEDULE May - 1998 $26,174.00 May 1999 $24,720.00 May 2000 $230266.00 May 2001 $21,812.00 May 2002 $203,359.00 May 2003 $18,904.00 May 2004 $17,450.00 'May 2005 $15,996.00 May 2006 $14,542.00 May 2007 $13,.088.00 May 2008 $11,634.00 May 2009 $101180.00 May 2010 $ 810 726.00 May 2011 $ 72272.00 May 2012 $ 5,818.00 May 2013 $ 49364.00 May 2014 $ 29910.00 May 2015 $ 1,456.00 11. No Discrimination: The recreation services shall be provided in accordance with all local, state and federal.laws, without discrimination as to race, color, age, sex, or national origin. 12. R=rt' y ReauiremCnt% The District agrees to submit to the City annual reports covering such areas as operation, maintenance, training,. attendance, revenue and expenditures of the swimming pool. Annual reports shall be submitted to the City by April 1, ' of every year. 13. • -The District represents that it carries public liability insurance in the amount of $1,000,000.00, and further agrees to name the City of La Quints as an additional insured in connection with the operation of the leased premises. The District shall provide. the City with. a Certificate of Insurance evidencing coverage for personal injury, property damage, and bodily injury. 14. • The District hereby agrees to indemnify, defend and save -the City harmless from and -against any and all losses, claims, actions, fines, penalties, demands, damages, liability and expense, including attorneys' fees arising out of the operation of the pools and the provisions of recreation services hereunder, occasioned wholly or in any' part by any act or failure to act by the District, its agents, contractors, employees or servants. M§MMFkVJ=_i:� • a. Fn irA Agreement, This writing. constitutes the entire agreement of the parties with respect to the subject matter hereof and may not be modified or amended except by a writing executed by all parties. b. No Waiver: No waiver of any breach or default hereunder shall be considered valid unless in writing, and no such waiver shall be deemed a waiver of any subsequent breach or default of the same or similar nature. f:~EPT%PROJECT8VOPeo1%MOlhw.WM 008 r)a10 C. •Without waiving any restrictions on transfer or assignment (either voluntary or involuntary) provided herein, this Agreement shall be binding upon, an shall- inure to the benefit of, the parties hereto, their respective heirs, personal representatives, successors and assigns. d. TMWidiZ If any provision of this Agreement shall be invalid. or unenforceable, such invalidity or unenforceability shall attach only to such provision, and shall not in this manner affect or render invalid or unforceable any other severable provision of Agreement, and this Agreement shall be carried out as if any such invalid or enforceable provision were not contained herein. e. HeadinQPV The section headings contained herein are for the. purposes. of convenience only and are not intended to define or limit the contents of said sections. f.. Cs==199* The Agreement may be executed in one or more counterparts, all of whieh if taken together shall be deemed one original, g Tim is of the Essence, Time is of the essence with respect to each and every term, condition and provision required to be performed urider this Agreement. h Utigation and &Uornes-Feesi In the event of any litigation between the parties . hereto with respect to the subject mm hereof the unsuccessful party to such litigation covenant agrees .to pay to the prevailing party, in addition to any other relief to which it may be entitled. All. of such costs; fees shall be included in and become a part, of any judgment rendered in such litigation. i; Chgir.,e ofLaw* This Agreement shall be deemed to be a contract under the laws of the, State of California, For all purposes, it shall be construed and enforced in accordance with the internal laws of said State, without regard to the principles of conflicts of law. j. All notices, or demands of any kind, served -by either party to this Agreement by the other, shall be in writing and shall be personally delivered, or mailed by registered or certified mail, return receipt requested, addressed -as follows: To: The City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 Attn: Tom Genovese, City Manager. With Copy to: Dawn Honeywell, City Aitomey P.O. Box 2095 Orange, CA 92859 F: MVnV OJECTSIFBP"W0Uf0V-*" 009 310 To: Coachella Valley Recreation and Park District 45-871 Clinton . Street Indio, CA 92201 Attn: Don Martin, General Manager With Copy to: Thomas, Luebs & Mort 3403 Tenth Street, Suite 300 Riverside, CA 92501-3629 Attn: William E. Thomas Any party may change the address set forth herein, by giving written notice of said change to the other party. k. dment.• This Agreement may. not be modified or amended except by a writing signed by the parties hereto. EXECUTED the day and year first above set forth. CITY OF LA QUINTA, A Municipal Corporation, By: John Peftcmayok A S.T: r� � i A Saundra Juhola, City Clerk CITY OF LA QU$NTA COACHELLA VALLEY RECREATION and PARK DISTRICT, a Public Agency By: Francisco Duran, President • I By Don Martin, General Manager ATTEST: D 'a Granados, $oard Secretary F-.WM PTIPROJECTS%FBPoe MOUnv.WPD 0JL0 j ATTACHMENT "A" Suggested scheduled of operation based on demands: SPRING: . Opei, first weekend -in April or last weekend in March depending on Easter break for school - Adult T.W Svhjm Monday through Friday, 12 noon until 1:30 p.m. and 5:00 p.m. until 6:00 p.m. S2jjen ,Swim, Mondry through Friday, 6-.00 p.m. until 8:00*P.m. and Saturday and Sunday 12 noon until 4:00 p.m.. NOTE: Pool to close after. one hour if attendance is less than twelve (12) participants, sliham• Sun}mer officially begins the first weekend in June after school is out. The pool closFs on Labor Day. Adult Lan Swim,14onday through Friday, 12 noon'until 1:00 p.m. and 5:00 p.m. until 6:00 p.m:. Monday through Friday 1:00 p.m. until 4:00 p.m. and 6:30 p.m. until 8:00 p.m. and Saturday and Sunday 12 noon until 4:00 p.m. Long, Monday through Thursday mornings before 12:00 noon and 5-00 p.m. until 6:30 p.m. and Saturday 11:00 a.m. until 11:45 a.m. NOTE: Pool to' close after one hour if.attendance is less than twelve (12) participants. F:VMfDWT"WECTSIFBP"WOUrw.VW" 011 r-, 4 2 I% M�tv MWjjjj �rr-rrr-� rrr ' .,,.,• •, ,;- oil • ` V _� J` �, 1..... s� sue►--s-��-�- �� i:.�..�■�=-��.� � t< R r�1 r,-ia 'i177ePtAt711 �,r PIaT Message Page 1 of ATTACHMENT 3 Dodie Horvitz From: Stan Ford [stan@cvrpd.org] Sent: Tuesday, July 20, 2004 9:21 AM To: Dodie Horvitz Subject: RE: Pool Agreement )odie: 'he following should cover the basics. 1. The city will be responsible for any non -routine maintenance/repair costs. Exception would be anything that is the sole fault of the district. 2. City indemnifies district. 3. Roll over existing contract into a new agreement that adjusts the subsidy from the city to $38,000 for 2005 with CPI increases each year. Any major cost increases (e.g. minimum wage) will result in corresponding increase in subsidy from the city. think those are the major points. I need a final determination from our insurance carrier on the coverage. In short, I want to be .ure there is equal protection and protect you from any negligence on our part and us from any on the city's part. .et me know if I can be of further assistance. ;tan :rom: Dodie Horvitz [mailto:dhorvitz@la-quinta.org] ;ent: Wednesday, July 14, 2004 7:12 AM 'o: Stan Ford subject: RE: Pool Agreement ;tan: 'lease send a proposal for review then we can discuss this. 'hank you, )odie -----Original Message ----- From: Stan Ford [mailto:stan@cvrpd.org] Sent: Tuesday, July 13, 2004 5:10 PM To: Dodie Horvitz Subject: Pool Agreement Dodie: I think I am ready to pursue a revision of our agreement for the operation of the pool. Is the city still interested? If so, I will send a proposal to roll over the current contract with adjustments to the financial terms and language changes. Stan 3/4/2004 014 ..i 4. ATTACHMENT 10 United Way of the Desert YMCA We build strong kids, strong families, strong communities. November 2, 2004 Dodie Horvitz Community Services Director City of La Quints 78-495.Callee Tampico La Quints, CA 92253 Dear Dodie, I appreciate the opportunity to discuss the possibility of the Family YMCA of the Desert and the City of La Quints partnering in the presentation of aquatic opportunities for the citizens of La Quints and the surrounding communities. We are please to be considered and look forward to further exploring how this partnership could best serve. The City of La Quints may be interested in knowing the following facts about aquatics and the YMCA: ➢ In 1885 the YMCA in Brooklyn NY housed the first indoor "Swimming Bath" ➢ In 1910 the YMCA in Kansas City invented the first pool filtration system ➢ In the same year George Corsan developed a radical new method of teaching group swimming lessons and personally taught more that 800 people to swim in four weeks ➢ The YMCA also invent6d the first mobile swimming pool in 1961 ➢ President Ronald- Reagsn'W credited' with over 70r "saves". as a YMCA lifeguard as a teen with the Y in Dixon, Illinois. ➢ The YMCA is considered "America's favorite swim instructor" and has taught more people to swim than any other single entity. ➢ Family YMCA of the Desert has taught over 600 people to swim. The Family YMCA of the Desert would be interested in pursuing discussions of accepting the responsibility as exclusive operator of the Fritz Burns Park Pool. We would like to begin with the following general points:. FAMILY YMCA OF THE DESERT FAMILY YMCA OF THE DESERT 43-930 San Pablo Ave., Palm Desert, CA 92260 3601 E. Mesquite Ave., Palm Springs, CA 92263 (760) 341-9622 Fax (760) 779-9651 (760) 320-6430 Fax (760) 320-1679 To put Judeo-Christian principles into practice through programs that build healthy spirit, mind and body for all. 015 Responsibilities of the Family YMCA of the Desert: Hire, train and be responsible for separations of all employees working at the pool. Provide certified lifeguards as required by law Provide YMCA swim lessons .4 Develop additional recreational opportunities . Provide daily maintenance & janitorial services. This includes items such as testing and balancing pool chemistry, pool cleaning, verifying ' pool systems are functioning properly, general trash clean-up on the pool deck, changing rooms and other public facility. -4 Develop fees solely at the YMCA's descretion Collect -and retain: -all -revenues from the activities of the:pool Develop the pool schedule Retain adequate liability insurance naming the City of La Quinta as an additional insured .Provide financial and participation reports to the City of La Quinta Responsibilities of the City of La Quinta . Maintenance, repair and replacement of the pool and related park. . systems and infrastructure Provide pool chemical supplies and supplies for the additional aquatic facilities (bathrooms, changing rooms, etc) Retain adequate liability insurance naming the Family YMCA of the Desert as an additionally insured Additionally, any annual financial surplus or deficit realized by the Family YMCA of the Desert in the operations of the facility will be split equally between the YMCA and the City of La Quinta. Dodie, 1 hope these general terms are as inviting to the City of La Quinta as they are to the YMCA. I look forward to beginning discussions with the City of La Quinta ff- so desired. I look forward- to hearing from you. Sincerely, Craig itt Executive Director/CEO Family YMCA of the Desert 016 /17 ATTACHMENT 5 DRAFT OPERATION AND MAINTENANCE AGREEMENT FOR THE FRITZ BURNS POOL THIS OPERATION AND MAINTENANCE AGREEMENT FOR THE FRITZ BURNS POOL (the "AGREEMENT") is made and executed this day of 2004 ("Effective Date"), by and between the CITY OF LA QUINTA, a municipal corporation, hereinafter referred to as the "City," and the Family YMCA of the Desert, a non-profit organization, hereinafter referred to as the "YMCA." WITNESSETH WHEREAS, the City owns a municipal swimming pool in the Fritz Burns Park located within the City of La Quinta ("Fritz Burns Pool"), and WHEREAS, YMCA desires and agrees to assume the supervision, control, maintenance, and operation of the Fritz Burns Pool for the purposes of providing recreational activities for the community under the terms of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the mutual promises and covenants set forth herein, YMCA and City agree as follows: 1. General Operation. YMCA shall operate and maintain the Fritz Burns Pool as a public swimming pool facility commencing on the Effective Date. YMCA and City shall determine the dates and hours that the Fritz Burns Pool shall be open to the public ("Pool Season"). The Fritz Burns Pool shall be open to the public every day during the Pool Season. Attachment "A" provides City recommended dates and hours for the Pool Season. The City and YMCA shall mutually agree upon the Pool Season no later than January 15 of each year. If the parties cannot agree upon the Pool Season by the January 151h deadline, this Agreement shall terminate effective the following day (January 161h). Notwithstanding the foregoing, upon written consent from both parties, the established Pool Season may be modified to reflect the actual use of the Fritz Burns Pool or for any other reason deemed appropriate by the parties. 2. Term. Subject to termination of this Agreement pursuant to Section 3, this Agreement shall be effective for a period of ten (10) years, commencing on the Effective Date. 0 . 17 3. Termination. Either party has the right to terminate this Agreement with or without good cause. For terminations without good cause, six months written notice of a decision to terminate shall be given by the terminating party to the non - terminating party prior to the effective date of the termination. 4. Definition of Fritz Burns Pool. a. It is understood and agreed that the pool area is part of and within a City owned and operated park and that the responsibility of YMCA under this Agreement extends only to that portion within the area outlined in red in Attachment "B" attached hereto and made a part hereof, which said area includes the Fritz Burns Pool, wading pool, pool equipment, associated pool buildings, maintenance equipment, and related personal property. When used in this Agreement, the term "Fritz Burns Pool" shall include the entire pool facility described in this Section, as shown on Attachment "B." b. YMCA and City staff shall coordinate maintenance of the Fritz Burns Park and the Fritz Burns Pool to ensure smooth operation of the overall facility. 5. Recreation Services. YMCA shall provide recreation services to the public at the Fritz Burns Pool during the Pool Season. Such services shall include adult and youth swimming activities, open swimming, and such additional recreation services as YMCA, in its discretion, may determine are desirable. 6. Major Repair and Replacement Work. The City shall be solely responsible for causing the completion of all major repairs and replacement of. equipment such as plumbing, electrical, filter system, pumps, beaters and chlorinators, as well as structural repair and replacement of the facilities and equipment ("Major Repairs") within the Fritz Burns Pool premises; provided, however, that YMCA shall be solely responsible for the cost of any Major Repairs necessitated by the failure of YMCA to properly maintain and supervise the premises. The City and YMCA shall mutually agree on necessary Major Repairs of the Fritz Burns Pool and related equipment and the maximum allowable monies to be expended on such repairs in advance of the repair being performed. For non -emergency repairs, City staff shall meet and prepare a proposed budget which shall be submitted to the City Council and YMCA Board for approval no later than March 15 of each year. 7. Fritz Burns Pool Maintenance Services. With the exception of the Major Repairs, YMCA shall be responsible for the maintenance and upkeep of the Fritz Burns Pool and equipment. The Fritz Burns Pool and the equipment related thereto shall be maintained in a good and workmanlike manner, and the Fritz Burns Pool shall be maintained in good operating condition. YMCA shall have exclusive control of the Fritz Burns Pool and shall determine the manner and method for maintaining the same. In lieu of conducting the maintenance services on its own, YMCA may, in its sole discretion, enter into one or more maintenance contracts with third parties (e.g., a commercial pool cleaning company) to fulfill its obligations under this Section 7. The City and the YMCA shall split the costs of the maintenance obligation set forth in this Paragraph on a 50%-50% basis, as set forth below in Section 10. 8. Personnel. In providing recreation services under this Agreement, YMCA shall employ only personnel who have been properly trained, certified (if appropriate for the position at issue), and screened by YMCA in accordance with YMCA's personnel policy rules, as amended from time to time. In carrying out this Agreement, YMCA shall not discriminate against any employee or applicant for employment because of sex, marital status, race, color, religion, ancestry, age, or national origin. 9. Fees. YMCA shall have the right to charge and collect fees from the public for use of the Fritz Burns Pool facility and for participation in the recreation programs and activities provided by YMCA at the Fritz Burns Pool. The City and YMCA shall mutually agree on the use fees for the Fritz Burns Pool. YMCA, in its sole discretion, shall establish fees for participation in its recreation programs and activities. 10. Payment for Operation and Maintenance. The City agrees to reimburse YMCA fifty percent (50%) of the actual costs incurred by YMCA for pool maintenance and purchasing of cleaning and paper supplies incurred by YMCA in satisfying its obligations under Section 7. 11. Compliance. The operation of the Fritz Burns Pool and the recreation services shall be performed in accordance with all local, state and federal laws, and without discrimination as to marital status, religion, race, color, age, ancestry, sex, or national origin. 12. Reporting Requirements. YMCA agrees to submit to the City annual reports covering such areas as operation, maintenance, training, attendance, revenue, and expenditures of the Fritz Burns Pool. Annual reports shall be submitted to the City by November 1 of every year. 13.. Insurance. YMCA represents that as of the Effective Date it carries, and shall maintain to carry during the full term of this Agreement, public liability insurance in the amount of $1,000,000.00. YMCA further agrees to name the City of La Quinta as an additional insured on said insurance in connection with the operation of the Fritz Burns Pool. YMCA shall provide the City with a Certificate of Insurance evidencing coverage for personal injury, property damage, and bodily injury. - The insurance required by this Section shall not be canceled, limited or modified by YMCA or its insurer until thirty (30) days after receipt by the City of a written notice of such cancellation, limitation or modification of coverage. 14. Indemnification. YMCA hereby agrees to indemnify, defend and save the City and the City's officers and employees ("Indemnified Parties") harmless from and against any and all losses, claims, actions, fines, penalties, demands, damages, liabilities and expenses, including attorneys' fees ("Claims"), arising out of the 20 operation of the pools and the provision of recreation services hereunder, occasioned wholly or in any part by any act or failure to act by YMCA, its officers, agents, contractors, employees or servants. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, YMCA shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorneys' fees, incurred in defense of such Claims. In addition the YMCA shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 15. Miscellaneous: a. Entire Agreement. This writing constitutes the entire agreement of the parties with respect to the subject matter hereof and may not be modified or amended except by a writing executed by all parties. b. No Waiver. No waiver of any breach or default hereunder shall be considered valid unless in writing, and no such waiver shall be deemed a waiver of any subsequent breach or default of the same or similar nature. C. Assignment. This Agreement is personal to YMCA and any assignment of the rights and obligations set forth hereunder shall require prior written consent from the City. d. Successors. Without waiving any restrictions on transfer or assignment (either voluntary or involuntary) provided herein, this Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto, their respective heirs, personal representatives, successors and assigns. e. Invalidity. If any provision of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall attach only to such provision, and shall not in any manner affect or render invalid or unenforceable any other severable provision of this Agreement, and this Agreement shall be carried out as if any such invalid or unenforceable provision were not contained herein. f. Headings. The Section headings contained herein are for the purposes of convenience only and are not intended to define or limit the contents of said sections. g. Counterparts. The Agreement may be executed in one or more counterparts, all of which if taken together shall be deemed one original. 21 ��r) h. Time is of the Essence. Time is of the essence with respect to each and every term, condition, and provision required to be performed under this Agreement. i. Litigation and Attorney's Fees. In the event of any dispute between the parties hereto arising out of the terms of this Agreement, the prevailing party in such dispute shall be entitled to recover from the other party all costs and expenses, including reasonable attorney's fees (whether incurred during discovery, at trial or on appeal), court costs, and expert fees incurred by the prevailing party in such dispute, together with all costs of enforcement and/or collection of any judgment. j. Choice of Law. This Agreement shall be deemed to be a contract under the laws of the State of California. For all purposes, it shall be construed and enforced in accordance with the internal laws of said State, without regard to the principles of conflicts of law. k. Notice. All notices, or demands of any kind, served by either party to this Agreement by the other, shall be in writing and shall be personally delivered, or mailed by registered or certified mail, return receipt requested, addressed as follows: To: The City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 Attn: Tom Genovese, City Manager With Copy to: M. Katherine Jensen, Esq. Rutan and Tucker 611 Anton Blvd. 141h Floor Costa Mesa, CA 92626-1998 To: Family YMCA of the Desert 43-930 San Pablo Avenue Palm Desert, CA 92260 (760) 341-9622 Any party may change the address set forth herein, by giving written notice of said change to the other party. 22 3j3 I. Amendment. This Agreement may not be modified or amended except by a writing signed by the parties hereto. [SIGNATURES ON FOLLOWING PAGE] 23 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF LA QUINTA, a municipal corporation By: DON ADOLPH, Mayor ATTEST: By: JUNE GREEK, City Clerk FAMILY YMCA OF THE DESERT, a non-profit organization By: By: CRAIG DEWITT, Executive Director/CEO 24 ATTACHMENT "A" Recommended Pool Season Recommended schedule of operation: A. SPRING: Open from the first weekend in April or last weekend in March in order to ensure availability during the Spring break for school. The pool shall close on Adult Lap Swim: Monday through Friday, noon until 1:30 p.m. and 5:00 p.m. until 6:00 p.m. Open Swim: Monday through Friday, 6:00 p.m. until 8:00 p.m. and Saturday and Sunday noon until 4:00 p.m. NOTE: Pool to close after one hour. if attendance is less than twelve (12) participants. B. SUMMER: Summer officially begins the first weekend in June after school is out. The pool shall close on Labor Day. Adult Lap Swim: Monday through Friday, noon until 1:00 p.m. and 5:00 p.m. until 6:00 p.m. Open Swim: Monday through Friday, 1:00 p.m. until 4:00 p.m. and 6:30 p.m. until 8:00 p.m., and Saturday and Sunday noon until 4:00 p.m. Lessons, Monday through Thursday mornings before noon and 5:00 p.m. until 6:30 p.m., and Saturday 11:00 a.m. until 1 1:45 a.m. NOTE: Pool to close after one hour if attendance is less than twelve (12) participants. 25 �:j ATTACHMENT "B" Map of Fritz Burns Pool Facility [See attached map] 26 LO), o�. o MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL THOMAS P. GENOVESE, CITY MANAGER FROM: DODIE HORVITZ, COMMUNITY SERVICES DIREC DATE: NOVEMBER 16, 2004 SUBJECT: CONSIDERATION OF FACILITY USE AGREEMENT. WITH THE YMCA Due to the departure of the Executive Director of the Family YMCA of the Desert within the past week, the YMCA has requested that Business Item #6 on the November 16 City Council agenda "Consideration of an Operation and Maintenance Agreement of Fritz Burns Park Pool with the Family YMCA of the Desert" be continued to the December 7. agenda, to allow the YMCA time to reorganize their projects. I'd be happy to answer any questions you may have regarding this request. COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Consideration of Funding for the Palm Springs International Film Festival RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Dependent upon the direction of the City Council, possible funding sources could include Community Special Events, Which has an uncommitted balance of $14,000 as of this report, or the General Fund Reserve. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the November 2, 2004 City Council meeting, the City Council directed staff to place this item on the next agenda for consideration. The Palm Springs International Film Festival is requesting $50,000 for Fiscal Year 2005-06 as provided in Attachment 1. Due to the timing of the request from the Palm Springs Film Festival, the City Council did not include a funding source for this event in the 2004-05 budget. The City Council could elect to use the General Fund Reserve or could request the item be considered during budget discussions for Fiscal Year 2005-06. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize funding the Palm Springs International Film Festival in an amount to be funded from the Community Special Events budget; or 2. Authorize funding the Palm Springs International Film Festival in an amount to be funded from the General Fund Reserve; or 3. Direct staff to present this request during budget discussions for Fiscal Year 2005-06; or 4. Do not authorize funding the Palm Springs International Film Festival; or 5. Provide staff with alternative direction. Respectfully submitted, Dodie Horvitz, Community Services Di Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Palm Springs International Film Festival Information r''a9 J,, 2 ATTACHMENT 1 November 10, 2004 Thomas P. Genovese City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Mr. Genovese: Thank you for taking the time to consider a financial grant to the Palm Springs International Film Festival for the year 2005-2006. We are so delighted that our Valley neighbors, such as Indian Wells and Palm Desert, and yourself are showing such keen interest in what we do. Enclosed please find a proposal which is modeled after grants made by Indian Wells and Palm Desert. We are more than happy to come meet with you to modify this request in any manner that would fit best with your City Council. The Palm Springs International Film Festival has cultural significance. However, its greatest contribution to the quality of life and prosperity of our Valley is the 800 million readers and viewers it reaches throughout the world with ideal tourism imagery. The Film Festival is a huge promotional advertising vehicle for Coachella Valley tourism. Thank you in advance for your gracious acceptance of what we are trying to do for our Valley. Sincerely, Earl Greenburg Chairman 0 3 181 S. Civic Drive Suite 1 Palm Springs, CA 92262 Phone: (760) 320-7404 Fax: (760) 322-2043 ,s�Q g 361 E E NO cu CL Class ...' " X OD "w` Q CL 4) " 4) CO C OE 00 Is - � . 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Q. 1�0 n 0 E CU = CDO O t/� cn O � � p C.) > � O 0 CU cu cu cu L O E < 0 Ocl) p O_ cu 0 018 k� o� 4 " L) ,, m. 4 of �9w COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Discussion of La Quinta City Hall Expansion RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Provide staff with direction with regards to the public circulations options provided as Attachment 1. FISCAL IMPLICATIONS: None with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the September 7, 2004 meeting, City Council considered the final design of the City Hall expansion. At that time staff was directed to provide alternate solutions for the public circulation and entrance to the City Hall. Attachment 1 provides three such options. Based on the direction received today, the design for the expansion will be finalized and construction documents will be produced for future consideration by the City Council. The following is a brief analysis of the three proposed solutions: Scheme A: Central Interior Public Circulation Pros: 1. Main public entrances remain in current location. 2. All public and staff circulation is in interior space. 194 e-, S:\CITYMGR\STAFF REPORTS ONLY\S-1 CITY HALL.DOC 3. The City Hall reception location is more prominent and visible from the public entrances. 4. The expanded Foyer will accommodate Council Chamber overflow seating. 5. City Clerk's Department is immediate to the expanded existing Foyer. 6. Access to the Administration and Mayor/City Council offices have security buffers to restrict open public access. The public is escorted back to the Lobby/Waiting where they meet with Administration or Mayor/City Council in the adjacent conference room. 7. Four or five additional offices can be accommodated in the Administration area for future expansion. 8. The existing City Council offices (2) are remodeled to serve as a Caucus/Conference Room that is immediate to the Council Chamber. 9. Administration Staff and Mayor/City Council restrooms are combined in one location therefore reducing costs. 10. The existing Mayor/City Council restrooms stay in place to accommodate public use in the Administration area. 11. The Kitchen (K) is well located to service needs in the Caucus/Conference Rooms. 12. The basement can increase in size to accommodate more storage. 13. The Session Room is a little larger (wider) than the existing Session Room. 14. Private access for staff to visit the Personnel/Risk Manager is accommodated by new Staff Only entrances. Cons: 1. Requires additional 290 sq. ft. at City Clerk area. 2. The City Clerk Production Room will need to be studied further to accommodate needs in a smaller room. This may cause some additional localized expansion in the City Clerk area. 3. The Police Community Service Officer (located in the Foyer) is separated from the on -site Police department offices. 4. The existing Administration area will require substantial remodeling. Scheme B: Enclosed North Perimeter Public Circulation Pros: 1. The public does not need to go outside City Hall to get from the existing Reception area to the new Administration Foyer. 2. The Administration and Mayor/City Council area has its own Receptionist. 3. The public has easy yet secure access to the Mayor and City Council. 4. The existing Administration area requires minimal remodeling. 5. The Caucus Room is located immediate to the Council Chamber. Cons: 1. Due to multiple public entrances, the public would need to be re -directed by the Receptionist or via signage to the enclosed passageway to get from the current City Hall north entrance to the new City Clerk, Administration and Mayor/City Council north entrance. Directions to the new expansion's south entrance would be dependent upon a directory at the current employee parking area sidewalk. a► 2 S:\CITYMGR\STAFF REPORTS ONLY\S-1 CITY HALL.DOC 2. Access to City Hall is highly dependent on directory locations. The first-time City Hall visitor may be confused trying to locate their destination. 3. Due to the additional reception area, additional staff may be required. Scheme C: Exterior (shaded) North Perimeter Public Circulation Pros: 1. The Receptionist is relocated to be more prominent and visible from existing north and south public entrances. This location will serve to help re -direct visitors to the new west expansion; directories at each entrance point will also be necessary. 2. The Administration and Mayor/City Council area has its own Receptionist. 3. The public has easy yet secure access to the Mayor and City Council. 4. The existing Administration area requires minimal remodeling. 5. A Caucus/Conference Room is located immediate to the Council Chamber. 6. The City Clerk and Administration will each have one spare office for future expansion. Cons: 1. Due to multiple public entrances, the public would need to be re -directed by the Receptionist or via signage to an outside shaded passageway to get from the current City Hall north entrance to the new City Clerk, Administration and Mayor/City Council north entrance. Directions to the new expansion's south entrance would be dependent upon a directory at the current employee parking area sidewalk. 2. Access to the City Hall is highly dependent on directory locations. The first-time City Hall visitor may be confused trying to locate their destination. 3. Due to the additional reception area, additional staff may be required. FINDINGS AND ALTERNATIVES: It is the opinion of staff that Scheme A provides the most efficient solution to the circulation problem. The architect will be available at the City Council meeting to answer detailed questions regarding the information provided in the attachment. Respectfully submitted, Tom Hartung, Building a4d Safety Director Approved for submissi by• Thomas P. Genovese, City Manager Attachment: 1. Public Circulation Options S:\CITYMGR\STAFF REPORTS ONLY\S-1 CITY HALL.DOC 37$ 3 F- Paw f ti. • ti 4 I. r v ca �ftftw 37 ,9; ., ;a a • . r � j • • �= a U. ' U • • . LU F� Illiil�► n - _ _ . _ CL Lu LLI r • it • - ,II M w OB 381 T, t ci !A 6Aj w38 fl - k,� REPORT/INFORMATIONAL ITEM: —&— MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA September 16, 2004 This meeting of the Historic Preservation Commission was called to order by Chairman Allan Wilbur at 3:06 p.m. who led the flag salute and asked for the roll call. I. CALL TO ORDER A. Pledge of Allegiance. B. Roll Call. Present: Commissioners Mouriquand, . Puente, Sharp, Wright, and Chairman Wilbur Staff Present: II. PUBLIC COMMENT: None Interim Community Development Department Director Oscar Orci, Principal. Planner Stan Sawa, and Secretary Carolyn Walker. III. CONFIRMATION OF THE AGENDA: Commissioner Wright requested the reading and approval of the minutes be postponed until the end of the meeting. It was moved and seconded by Commissioners Wright and Puente to discuss and approve the minutes of August 19, 2004 under Commissioner Items C. Unanimously approved. IV. CONSENT CALENDAR: V. BUSINESS ITEMS: A. Phase I Cultural Resources Investigation for Tentative Tract Map 31874; and Paleontological Assessment Report for a 40-acre site for Tentative Tract Map 31874. Applicant: Stonefield Development Consultants: San Bernardino County Museum, Division of Geological Sciences and The Keith Companies Location: Northwest corner of Monroe Street and Avenue 53. PACAROLYN\Hist Pros Com\HPC 9-16-04.doc 394 Historic Preservation Commission September 16, 2004 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Interim Community Development Department Director Oscar Orci asked that it be stated for the record that Commissioner Mouriquand was present, will be absent from this item due to a conflict of interest, as she had participated in the preparation of this report. 3. Commissioner Sharp asked in what city the property was currently located. Staff replied the property is currently in an unincorporated County area, in La Quinta's Sphere of Influence, and is in the process of being annexed. The project is scheduled to be heard by LAFCO (Local Agency Formation Commission) next week. Commissioner Sharp also asked about the survey in 1999 and the comments about the property being inaccessible. Staff replied the report didn't . state why the property was inaccessible but the consultant may have been unable to survey the property because it was Ia working vineyard at the time. 4. Commissioner Puente commented she thought the report was very complete, put together well, and interesting to read. She questioned. whether the Native American contact list was the most current list available. Staff replied it should be the most up-to-date list. Commissioner Puente added she concurred with staff conditions. 5. Commissioner Wright said he thought this was a good report and liked the fact that the original deeding was put in the report. He agreed with staff recommendations on monitoring. 6. Commissioner Puente commented this was one of the most complete reports the Commission had ever received and it was a very good reference. 7. Chairman Wilbur said he could only echo everyone else's comments as well as to state this was a very well documented report and had all the pertinent correspondence with the proper parties contacted. 2 385 Historic Preservation Commission September 16, 2004 8. It was moved and seconded by Commissioners Wright and Sharp to ' adopt Minute Motion 2004-027 approving the Cultural Resources Report as submitted. AYES: Commissioners Puente, Sharp, Wright and Chairman Wilbur. NOES: None. ABSENT: Commissioner Mouriquand. ABSTAIN: None. 9. Principal Planner Stan Sawa presented the information contained in the staff report regarding the Paleontological Assessment Report, a copy of which is on file in the Community Development Department. 10. Interim Community Development Department Director Oscar Orci asked that it be stated for the record that Commissioner Mouriquand was present, but is absent for this item due to a conflict of interest, since she had participated in the preparation of this report. 11. Commissioner Puente asked if Paleontological findings are brought back to the Commission in the form of a list, or other form of follow-up report. Staff replied the Consultant does a record survey and the information is collected, but is not brought back to the Commission for review. The artifacts are either kept for future use by the City, or taken to a designated Museum. The City maintains an inventory of what was found. 12. Commissioner Sharp stated Commissioner Puente may have been asking about the completion (conclusion) of the reports. The reply she was given referred to the listing and collection of artifacts in a report. 13. Commissioner Puente replied she was referring to both the written report and the artifacts. She wanted to know if the monitoring report ever came back to the Commission. Staff replied, after monitoring, the consultant is supposed to prepare a report for the City which does have what was found during the monitoring. This report isn't usually brought back to the Commission. Occasionally, a project such as the Point Happy Ranch, which was specifically designated to be reviewed by the Commission, will be brought back. The City keeps all the monitoring information and artifact inventory in the project files. Commissioner Puente commented that unless there was a major 3 389 Historic Preservation Commission September 16, 2004 discovery, such as human remains, the report would not be brought back to the Commission. Staff replied that was correct. 14. Commissioner Wright said the Commissioners could always contact staff to find out the results of the surveys. He added when the City's Museum was built everything would be filed, according to report, in the Museum. Staff commented that human remains are handled by the Coroner's Office and they determine whether or not they are historical and take the necessary measures to contact the local tribes, if appropriate. Staff gave examples of some of the artifacts which were previously presented to the Commission. 15. Commissioner Puente said it would be nice to find out what happened on a project. Staff replied if anything of significance was found, they would notify the Commission. 16. Chairman Wright asked if the staff recommendations encompassed all the recommendations made by the consultant. Staff replied they did include all the recommended conditions and may have even overlapped the consultant's recommendations. 17. Commissioner Wright complimented staff on the addition of proof of retention of monitors prior to earth moving. He also agreed with staff's recommendations for on- and off -site monitoring. 18. It was moved and seconded by Commissioners Puente and Sharp to adopt Minute Motion 2004-028 approving the Paleontological Assessment Report as submitted. AYES: Commissioners Puente, Sharp, Wright and Chairman Wilbur. NOES: None. ABSENT: Commissioner Mouriquand. ABSTAIN: None. B. Phase I Cultural Resources Investigation of a 17,883 square foot piece of lot. Applicant: James F. Kelly Archaeological Consultant: The Keith Companies (Leslie Mouriquand) . Location: Southwest corner of Desert Club Drive and Calle Barcelona 4 f 387 Historic Preservation Commission September 16, 2004 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Interim Community Development Department Director Oscar Orci asked that it be stated on the record that Commissioner Mouriquand was present for the meeting, but will be absent from this item due to a potential conflict of interest as she had participated in the preparation of this report. 3. Commissioner Sharp had a question about the definition of Old Town and the Village Area. Staff replied Old Town La Quinta was the name of a commercially -developed project in the designated Village Area. 4. Commissioner Puente had a question about the contact list dated May 2004. The contacts were not the same as the contacts in the previous report. She asked if this list was the newest one. Staff replied it should be the most current. 5. Commissioner Wright stated he agreed with the. staff's recommendations. 6. Commissioner Puente commented this report was very complete and a good reference. 7. It was moved and seconded by Commissioners Puente and Wright to adopt Minute Motion 2004-029 accepting the Phase I Cultural Resources Investigation as submitted. AYES: Commissioners Puente, Sharp, Wright and Chairman Wilbur. NOES: None. ABSENT: Commissioner Mouriquand. ABSTAIN: None. 8. Commissioner Mouriquand rejoined the meeting. 5 388 Historic Preservation Commission September 16, 2004 VI. CORRESPONDENCE AND WRITTEN MATERIAL: A. Commissioner Wright brought in several newspaper articles which were distributed to the Commission. Copies are on file in the Community Development Department. VII. COMMISSIONER ITEMS: A. Discussion of Native -American Heritage Commission and Local Tribes for'Cultural Resources Assessments (Notification Protocol). 1. Interim Community Development Department Director Oscar Orci presented the information contained in the memo, a copy of which is on file in the Community Development Department. 2. Commissioner Wright asked if staff wanted the Commissioners to vote on the Notification Protocol. Staff replied the Commissioners could review the recommendations and if they concurred, make a motion to recommend a policy to the City Council. The Commission could also review the information and make a recommendation at a later meeting. The policy requires the applicant, or his agent, to notify the Native American Historical Commission and local Native American Tribes. The City would keep an up-to-date contact list for preparation of Cultural Resources Assessments. The notice would include the project description, location, and a request for comments from the Tribes. The proof of mailing and any comments could be incorporated in the Cultural Assessment Report. Staff added there could be a notation that any failure to comply with the notice could result in a continuance, or rejection of the report. 3. Commissioner Wright agreed and suggested that the Commission recommend approval of 'the policy to the City Council. 4. Commissioner Mouriquand commented on the mandated SB 18 guidelines and the City's compliance. She stated the guidelines were well written. 6 389 C Historic Preservation Commission September 16, 2004 5. It was moved and seconded by Commissioners Wright and Sharp to recommend adoption of the policy to the City Council, as outlined in the memo. Unanimously approved. B. Staff asked if all Commissioners had received SB 18. The Commissioners replied they had not. Staff said they would provide a copy in the next packet. C. Approval of the Minutes of August 19, 2004. 1. Commissioner Wright was not in attendance for the August 19, 2004 meeting, but in reading the minutes had replies to some of Commissioner Mouriquand's questions on Business Item A. #8 and # 15. He stated the Honey Mesquite trees don't transplant well and are thorny, thereby creating a liability for their owners. The trees sprouted well from seed, but they were currently left off all current Architectural Plant Palette lists because they are extremely dirty. Chilean Mesquite was the only variety approved on the Plant Palette List since they don't have the problem with thorns. He said leaving trees on the existing property would be a good idea as well as a good will gesture towards the Native Americans. 2. Commissioner Mouriquand asked if the seeds and pods could be harvested before the trees were removed. She suggested the indigenous seeds could be made available to anyone interested in perpetuating Honey Mesquites in the area. Staff suggested the Commission could add this recommendation to any future projects regarding the collection of seeds, or transplanting of indigenous trees. Staff added the ALRC (Architecture and Landscape Review Committee) did have a concern about the Honey Mesquite trees and their maintenance. 3. Commissioner Mouriquand commented the Mesquite wood was used for a variety of traditional Native American arts and crafts. She suggested the developer might want to contact the local tribes to ask them if they would like have some of the wood, or seeds, from these trees to foster good relations with the local tribes. � 390 Historic Preservation Commission September 16, 2004 4. Commissioner Wright said this was a good idea as there were a lot of Honey Mesquites being removed. He suggested an article be given to each of the Valley cities suggesting they consider harvesting the seeds or wood. 5. Commissioner Sharp said this would make a wonderful school project. 6. Staff recommended the Commission advise the applicants, on case -by -case basis for each project. Staff made the comment it is within the purview of the Commission, to make this suggestion. 7. Mr. John Goodman, of the Keith Companies, introduced himself and told the Commission there were some Tribal groups going back to their native practice of cremating tribal members and were having a hard time getting the prescribed varieties of wood. He recommended, 'since they needed several types of uncommon wood, the project wood could be salvaged and a letter written to the local tribes to collect the wood to stockpile in their Chapter Houses for traditional uses. He commented it would be a very good thing and suggested the Commission consider, or discuss, giving the Native Americans the opportunity to salvage this wood. Staff suggested, when appropriate, the Commission could add a requirement to the Conditions of Approval. 8. Commissioner Mouriquand said the Commission would have to rely on staff to tell them what kinds of plants are on the properties if it is not already presented in the Cultural Resources report. She said Staff needed to make sure the Commission got the information to know those resources were available. 9. Commissioner Wright suggested discussion of Landscape Resources be added to a future agenda. 10. Chairman Wilbur suggested the discussion be agendized fairly soon so it isn't forgotten. Staff asked what information the Commission would propose staff provide. 8 391 Historic Preservation Commission September 16, 2004 11. Commissioner Mouriquand suggested a Historic Landscape Tree Policy. 12. Commissioner Wright suggested adding a Historic Landscape Tree Policy in the standardized recommendations for monitoring and include it in each project. This policy would include the possibility of working with the Native Americans to preserve the wood, seeds, or by-products of the trees. Staff replied they would need to agendize the matter. and specifically discuss thresholds on the number of trees. 13. Commissioner Mouriquand suggested including those types of trees traditionally used by the Native Americans which were becoming rare. Staff replied they would agendize this matter as the Commission would have to look at all the issues involved in a standardized recommendation. 14. Chairman Wilbur asi recommendation, as developers to consider. ed if this would be added as a opposed to a requirement, for the 15. Commissioner Mouriquand said this would give the Commission an opportunity to discuss the potential mitigation issues and the rationale behind them. She suggested it might be beneficial to get some input and advice .from the local Native Americans. 16. Mr. John Goodman, of the Keith Companies, said the tribes would probably be happy to review a letter on the subject. The letter could discuss the possibility of native vegetation being removed, including creosote, and other native species, as well as large, viable Mesquite trees. They would then have the opportunity to comment on their disposition. 17. Commissioner Wright suggested staff contact Mr. Jim Cornett as he would be a good resource. 18. Commissioner Sharp commented this whole conversation was about saving Native American Heritage and there was still no representation, from the local tribes, to discuss these important issues. He emphasized it was very necessary for them to attend the meetings since these issues concern them. 9 392 Historic Preservation Commission September 16, 2004 19. Commissioner Mouriquand suggested the local tribes be invited for the next meeting to advise them of the importance of this agendized item. Staff replied they had been sending letters and agendas to the local tribes without success and suggested a personal invitation from Commissioner Mouriquand might produce more positive results. Commissioner Mouriquand assented to contacting them. 20. It was moved and seconded by Commissioners Mouriquand and Sharp to approve the minutes of August 19, 2004 as submitted. AYES: Commissioners Mouriquand, Puente, Sharp, and Chairman Wilbur. NOES: None. ABSENT: None. ABSTAIN: Commissioner Wright. Vill. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright and Mouriquand to adjourn this Regular Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on October 21, 2004. This meeting of the Historical Preservation Commission was adjourned at 3:52 p.m. Unanimously approved. Submitted by: G Carolyn alker Secretary 10 393 REPORT/INFORMATIONAL ITEM: MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 12, 2004 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Ladner to lead the flag salute. B. Present: Commissioners Rick Daniels, Kay Ladner, Paul Quill, and Chairman Tom Kirk. It was moved and seconded by Commissioners Daniels/Ladner to excuse Commissioner Krieger. C. Staff present: Oscar Ord, Interim Community Development Director, City Attorney Kathy Jenson, Assistant City Engineer Steve Speer, Principal Planners Stan Sawa and Fred Baker, Associate Planners Wallace Nesbit, Martin Magana, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of the regular meeting of September 28, 2004. There being no corrections, it was moved and seconded by Commissioners Daniels/Ladner to approve the minutes as submitted. B. Department Report. City Attorney Kathy Jenson noted a correction on the Agenda that was pointed out by a member of the public. The Declaration of Posting should have stated the meeting of October 12, 2004. V. PUBLIC HEARINGS: A. Continued - Environmental Assessment 2004-516 and Site Development Permit 2004-81 1; a request of Rich Boureston for consideration of development plans to construct a 42,000 square foot medical office building on 3.44 acres for the property located at the southeast corner of Washington Street and Lake La Quinta Drive. 399 G:\WPDOCS\PC Minutes\10-12-04.doc Planning Commission Minutes October 12, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted a change to Condition 33.A.1.a. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if the conditions were all corrected. Staff stated yes. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Rich Boureston, the applicant, stated they have reviewed the conditions and have no objections. 4. Chairman Kirk noted the building was moved 15 feet out of the Washington Street setback, but he sees there is an easement on the, plans he did not see on the prior submittal. Mr. Boureston stated this is a proposed utility easement line. 5. Commissioner Quill stated he had spoken with Mr. Boureston prior to the meeting. He requested the wainscoat be stone and stone be added around the north entry doors. 6. Commissioner Daniels asked for clarification on Commissioner's Quills recommendation. He asked what the cost might be. Mr. Boureston stated it would be very costly. The problem is that there will be shrubs planted around the building in front of the wainscoat and the stone will be lost. He would have no problem doing the north face around the door, but this is not an entry door. It is an employee entrance and he does not want to accentuate this door. 7. Commissioner Quill stated he would still prefer to see it on this door. 8. Chairman Kirk stated he would not want to see it around the employee entrance. He asked if a vertical element would help, such as palm trees. Mr. Boureston stated a traffic study had been completed for this project and that study stated there is no need for a deceleration lane. The City's staff conditioned them for this. Now in addition to that, the Commission is asking for the extra cost of the stone work. He is trying to keep his costs down. 395 6 G:\WPDOCS\PC Minutes\10-12-04.doc 2 Planning Commission Minutes October 12, 2004 9. Commissioner Quill stated he understands his request. The deceleration lane is a request of the City Council and not an issue for the Commission. He does not think the ledger stone is that much of a cost. Mr. _Sakahara, the architect, stated they could use a low seat wall, with stone on the ledger wall surrounded by landscaping to enhance the patio area. 10. Chairman Kirk asked if there was any other public comment. .There being no further comment, the public participation portion of the hearing was closed and open for Commission discussion. 11. It was moved and seconded by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2004-076 approving Site Development Permit 2004-811, as recommended/amended: a. Condition #33.A.1.a: amended to read 58 feet instead of 66 feet. b. Condition added: applicant shall install ledger stone with benches and tall canopy trees at the northern entrance to accentuate the patio area.. ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: Commissioners Krieger. ABSTAIN: None. B. Continued - Village Use Permit 2004-019; a request of Dr. John Dixon for consideration of development plans for construction of a 4,494 square foot addition to an existing 1,450 square foot building for medical and office uses for the property located at the northeast corner of Desert Club Drive and Calle Cadiz. 1. Chairman Kirk excused himself due to -a potential conflict of interest due to the location of his home and left the dais. 2. Vice Chairman Quill opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Vice Chairman Quill asked if there were any questions of staff. Commissioner Daniels asked if staff had any response to the letter received from Mr. Tom Kirk. Staff stated they had asked the applicant to make some of the changes noted in the letter. In regard to the parking reduction, staff believes this is what the City G:\WPDOCS\PC Minutes\10-12-04.doc 3 396 Planning Commission Minutes October 12, 2004 is trying to achieve in the Village. In regard to the noise, staff asked the applicant to move the air conditioning units and he indicated they could be moved further from the property line along with the trash enclosure to create enough room on the west side of the building. In regard to Mr. Kirk's request to view the landscaping, staff noted they are a public file and anyone can review them. Unfortunately, staff does not know when they will be submitted. A condition could be added that the three adjacent property owners be notified when they are received. 4. Vice Chairman Quill asked about the parking requirement. Staff noted this was a general office, not a medical office so the number of required parking spaces is reduced. Vice Chairman Quill asked about the lighting plan. Staff noted the lighting on the site plan and stated there is no overhead lighting proposed. Vice Chairman Quill asked if this was to be a general office use and not a medical office. Staff confirmed this was true. 5. Commissioner Ladner asked about the existing eucalyptus trees. Staff stated they are on the property line. Staff has asked the Building and Safety Department about alternative materials and construction for the wall and they recommended some materials to be used and construction alternatives. The wall would be reviewed during the landscape plan review. The wall could be constructed to go around the trees. 6. Vice Chairman Quill asked if the applicant would like to address the Commission. Mr. Skip Lynch, representing the applicant, gave a presentation on the project. In regard to the letter from Mr. Kirk, they have reviewed the request with staff and as noted by staff, have made changes based on the requests. They will relocate the air conditioning units and move the trash enclosure. In regard to the landscaping, they have no issues and can accommodate the request. They are looking into different wall materials to not damage the trees and have discussed the trees with Mr. Kirk. 7. Vice Chairman Quill asked if there were any questions of the applicant. Commissioner Daniels asked if the applicant had received the Fire Department comments. Mr. Lynch stated yes, and they have no objections. 8. Commissioner Ladner asked if anyone knew the condition of the 0 trees. Mr. Lynch stated they have not had the opportunity to G:\WPDOCS\PC Minutes\10-12-04.doc 4 Planning Commission Minutes October 12, 2004 address the health of the trees. 9. Vice Chairman Quill asked if there was any other public comment. Mr. Tom Kirk, 78-105 Calle Cadiz, thanked staff for addressing his concerns correctly. His only issue outstanding is the wall and trees. He stated speaking to an arborist is a good idea to see if they are worth trying to keep. Generally, staff has done a good job addressing his concerns and he looks forward to working with Mr. Lynch and staff to resolve the issues. 10. Vice Chairman Quill closed the public participation portion of the hearing and opened it for Commission discussion. 11. It was moved and seconded by Commissioners Daniels/Ladner to adopt Planning Commission Resolution 2004-077, approving Village Use Permit 2004-019, as recommended/amended: a. Condition added: the applicant shall move the air conditioning units and trash enclosure. The applicant will look into materials for the wall that will not damage the trees. ROLL CALL: AYES: Commissioners Daniels, Ladner, and Vice Chairman Quill. NOES: None. ABSENT: Commissioners Kirk and Krieger. ABSTAIN: None. Chairman Kirk rejoined the Commission.. C. Conditional Use Permit 2004-086; a request of Wal-Mart Super Center for consideration of a request to allow 62 metal containers for the temporary storage of holiday merchandise from October 1, 2004 through December 31, 2004 on the south and east sides of the existing Super Center Store. 1. Chairman Kirk informed everyone no action was necessary as the application had been withdrawn. D. Tentative Tract Map 30185, 1 st Time Extension; a request of T D Desert Development for consideration of a time extension to subdivide approximately 3.62 acres into seven single-family residential lots, one open space lot, and a well site, for the property located at the southwest corner of Cabrillo Way and Mission Drive West, within Rancho La Quinta. 338 GAWPDOCS\PC Minutes\ 10- 1 2-04.doc 5 Planning Commission Minutes October 12, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked about the subdivision criteria for this application. 3. Commissioner Quill stated they are given two years and they can be granted three extensions. Staff noted no changes can be made to the map during this process. The Commission should determine if there are any changes and add any changes they believe are necessary. 4. Chairman Kirk asked if the applicant or if there was any other comment. There being none the public participation portion of the hearing was closed and open for Commission discussion. 5. It was moved and seconded by Commissioners Daniels/Ladner to adopt Planning Commission Resolution 2004-078, recommending approval of Tentative Tract Map 30185, 1 " Extension of Time, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Krieger. ABSTAIN: None E. Environmental Assessment 2004-521 and General Plan Amendment 2004-102; a request of the City for consideration of adopting a Negative Declaration of environmental impact and Amendment to the General Plan Housing Element. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the report a copy of which is on file in the Community Development Department. Staff introduced Colin Drukker, The Planning Center, the City's consultant. 2. There being no further questions of staff, Chairman Kirk asked if there was any other public comment. Mr. Arturo Rodriguez, representing California Rural Legal Assistance (CRLA), stated he had appeared at the Commission meeting of September 28, and at 39 9•; G:\WPDOCS\PC Minutes\10-12-04.doc 6 Planning Commission Minutes October 12, 2004 that time he was given two weeks to review the September draft Housing Element. He noted he received the packet on Monday, for the October 1 2th meeting. He will be submitting written comment before the City Council meeting of October 191h. His comments today are limited to the history of CRLA's participation. He noted that a page is missing between Pages 42-43 of the comment letters. He also noted they do not agree with staff's Response to Comments. 3. Commissioner Daniels noted Southern California Association of Governments (SCAG) assigns the numbers the City must meet for its affordable housing quota and the City has worked toward meeting that quota and it is his understanding the City has met their quota. He asked Mr. Rodriguez if he was saying the City has not. Mr. Rodriguez stated that what they have seen in the Housing Element, not all the concerns have been addressed. For example, the Hammer property is stated to be owned by the City and will accommodate 300 + units, but they do not know if this is true. This is a large number. He noted 92 units will be lost at the Vista Dunes Mobile Home Park (VDMHP). These -units need to be replaced and are not a part of the SCAG numbers. Commissioner Daniels asked if he was implying the loss of the VDMHP units should be added in to the SCAG numbers and CRLA does not believe the other programs the City has will accommodate them. Mr. Rodriguez stated most of the affordable housing needs are being met strictly by City's Redevelopment funds. No outside funds are being used to meet the low income housing needs and they believe that is a concern. The City's Housing Element is supposed to be in compliance by June of next year and next year the process will be repeated all over again. Commissioner Daniels noted however the City has achieved its numbers regardless of what method is used. Mr. Rodriguez stated his concern is that the City needs to identify other revenue available to them instead of depending on the Redevelopment Agency for the funding of housing projects. He notes the Housing Element states that the City does not qualify for State and Federal funds and they are not sure this is true. He needs more time to review the responses. Commissioner Daniels asked how La Quinta's Housing Element compares to the other communities in the Valley for compliance. The feedback they have received is that they are doing very well. Other cities have stated they are struggling and doubt they will ever meet their quota. Mr. Rodriguez stated most cities have problems constructing affordable housing because of cost and there is no desire to build affordable housing. There is another city Ana G:\WPDOCS\PC Minutes\10-12-04.doc 7 Planning Commission Minutes October 12, 2004 in the Coachella Valley that does not address any affordable housing in their Housing Element. He noted the City is way above the housing numbers allocated for moderate and above moderate. 4. Chairman Kirk stated this public hearing process was continued to allow Mr. Rodriguez time to review the document and provide comment. To some degree he believes this was a waste of the Commission's time as he has not provided any comment. He has had the material for two weeks and still provides no comment. Mr. Rodriguez stated the City's Responses to Comments were just received yesterday with the staff report for this meeting. 5. City Attorney Kathy Jenson noted for the record the City's Redevelopment Agency acquired the Hammer property in March, 2004. The Specific Plan for the residential portion of this site will be before the Commission very shortly. It is for 300 very low- income rental units. 6. It was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2004-079 recommending to the City Council certification of a Negative Declaration of environmental impact for Environmental Assessment 2004-0521, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Krieger. ABSTAIN: None 8. It was moved and seconded by Commissioners Daniels/ to adopt Planning Commissioner Resolution 2004-080 recommending to the City Council approval of General Plan Amendment 2004-102, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Krieger. ABSTAIN: None VI. BUSINESS ITEMS: A. Minor Use Permit 2004-536; a request of Wal-Mart Super Center for consideration of a request to allow 62 metal containers for the temporary storage of holiday merchandise from October 1, 2004 through December 31, 2004 on the south and east sides of the existing Super Center Store. 401 G:\WPDOCS\PC Minutes\10-12-04.doc 1 8 Planning Commission Minutes October 12, 2004 1. Chairman Kirk asked for the staff report. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked the process for approving a Minor Use Permit. Interim Community Development Director Oscar Orci stated the Minor Use Permit process is administrative. The previous requests were subject to a Conditional Use Permit requirements. However, under the Site Development Permit approval for Wal-Mart Super Center, the Commission added a condition that required the seasonal storage bins come back to the Commission as a Minor Use Permit under Business Items. 3. Commissioner Quill stated that the 2003 minutes should reflect the discussion regarding the number of bins on this site. 4. Commissioner Daniels stated that what staff has provided as Attachment 2 are the conditions for this new site. Accordingly he believes the containers are allowed in the area proposed, subject to a Minor Use Permit being approved by the Commission. 5. City Attorney Kathy Jenson stated one of the findings must be that the application will not create conditions that are materially detrimental to the public health, safety, and general welfare and is compatible with other properties and land uses in the general vicinity. 6. There be no further questions of staff Chairman Kirk asked if the applicant would like to address the Commission. Mr. Mickey Anderson, representing Wal-Mart, gave a history of the prior approvals. Mr. Anderson noted Target currently has the containers in place. 7. Commissioner Ladner stated she does not understand what the issue is and she does understand the need. 8. Commissioner Quill stated that last year he remembers asking if they would need the additional bins and believes they stated no. He does not like it and it is not a temporary situation. It is G:\WPDOCS\PC Minutes\10-12-04.doc O 9 Planning Commission Minutes October 12, 2004 permanent and exists for three months out of every year for the life of the Super Wal-Mart. In addition, he does not believe the areas where it will exist have been prepared well enough to remove the unsightliness of the containers in a permanent way. If they are to remain for three months of every year for the rest of the life of Wal-Mart, then they should be set up in such a way that they are screened from any public view and the future view from the people developing behind, to the right, to the left and any other direction. He cannot in good conscience in any way support this. 9. Commissioner Ladner stated she does not know what will be developed behind the Wal-Mart, but this request will come back to the Commission each year and they may at some time have to make the determination that it is too much an impact on the adjoining neighbors. 10. Commissioner Quill asked what the process will be in the future since it is being reviewed as a Minor Use Permit. Staff stated the Commission has the discretion to determine whether or not the activity is a detriment to the surrounding communities. Mitigation measures can be established to mitigate the concerns. 11. Commissioner Ladner asked the size of the containers. Mr. Anderson stated the retaining wall is 20 feet and the containers are ten feet. Staff noted the wall is eight feet on the Wal-Mart side and approximately ten feet on the other side. 12. Commissioner Daniels stated it seems this was an anticipated use and is the place the condition refers to. In his opinion they are in compliance with the conditions. He would like to request that when this request is submitted next year, he would like to see pictures of this year's event to see if screening would help to hide the containers. Staff noted they would take pictures of the containers and see if additional screening would make a difference. 13. Chairman Kirk stated he too believes the discussion last year was different. He thanked Mr. Anderson for being responsible to apply for the proper permits. He does, however, believe the building should have been constructed to accommodate the holiday merchandise. He believes this can work without the containers. Other retail businesses will have to comply as well. This has been an issue the Commission has never liked and has allowed it under duress. He just does not believe it is an appropriate way to store 403 G:\WPDOCS\PC Minutes\ 10- 1 2-04.doc 10 Planning Commission Minutes October 12, 2004 merchandize. 14. Commissioner Quill stated that if they knew 62 containers would be needed, then why was the building not built to address this need. Mr. Anderson stated that for the Christmas rush they will need to hold on site $12, million worth of merchandise and they do not have the space. 15. Chairman Kirk asked if every retail business should be granted this use. Mr. Anderson stated he does not believe every retail business will need it. Mr. Anderson noted Target already has 11 containers on site. Staff noted Code Compliance was following up on this violation. 16. Chairman Kirk asked if there was any other public comment, the public participation portion was closed and opened to Commission discussion. 17. Commissioner Quill stated it is three months out of every year and the areas to place them are not prepared to hide them. They should be screened from any view of anyone on all sides. He cannot support this request in any way. 18. Chairman Kirk asked what the outcome would be if it were a two to two vote. City Attorney Kathy Jenson noted it would be a failed vote and if a member is absent, it would be brought back at the next meeting hoping all members would be present. She would recommend they continue the issue. 19. Commissioner Quill asked if this would go to the Council if they denied it. City Attorney Kathy Jenson stated it would only go to Council if it was appealed within a 15 day period. It would come back to the Commission before it would be placed on the Council agenda. It is unlikely it will be on the Council agenda even if an appeal was filed tomorrow before the first meeting in November and more likely it would be the second meeting in November. Mr. Anderson stated it is a nature of the beast. It might be an error of the company for not planning on these storage containers, but he would like to make a plea for the Commission to understand. He filed the application for a Conditional Use Permit in August and the Minor Use Permit the first of October. 20. It was moved and seconded by Commissioner Ladner/Daniels to adopt Minute Motion 2004-015, approving Minor Use Permit 4-64 G:\WPDOCS\PC Minutes\10-12-04.doc 11 Planning Commission Minutes October 12, 2004 2004-536, as recommended. The motion failed with Commissioners Ladner and Daniels voting yes and Commissioners Kirk and Quill voting no. 21. Commissioner Daniels asked that Commissioner Krieger be given a copy of the tape and be prepared to make a decision. 22. Staff asked if it would make any difference if staff worked with applicant to develop additional screening for the containers. Chairman Kirk stated probably not with his or Commissioner Quill's vote. 23. Commissioner Quill stated that if this is to be a problem with all the retail stores, he would request the application come before the Commission earlier in the year to give the applicant's time to address the decision of the Commission. It is unfair to the applicant to be before the Commission at this late a date with anticipation that he would have an approval. B. Sign Permit 2004-786, Amendment #1; - a request of Thomas Enterprises/Signarama for consideration of an Amendment to an exist sign program for The Pavilion at La Quinta project, located at the northeast corner of Highway 1 1 1 and Adams Street. 1. Chairman Kirk asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There be no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Bob Duarte, Sign -a -Rama, representing the applicant, gave a history of the project. 3. There being no other public comment, the public participation portion was closed and open to Commission discussion. 4. Chairman Kirk asked if exceptions had been approved prior. Staff stated yes. 5. Commissioner Quill asked if it was any problem for the larger tenants to come before the Commission for approval of a sign larger than a 100 square feet in size. Staff stated no. 4 05 G:\WPDOCS\PC Minutes\10-12-04.doc 12 Planning Commission Minutes October 12, 2004 6. Chairman Kirk stated he would not want to see a small tenant with a 150 square foot sign. Mr. Duarte stated the smaller tenant would still have to comply with the sign standards. 7. It was moved and seconded by Commissioner Daniels/Quill to adopt Minute Motion 2004-016, approving Sign Permit 2004-786, as recommended. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. Vill. COMMISSIONER ITEMS: A. Interim Community Development Director Oscar Ord asked the status of the Commissioners attendance at council meeting. Staff would see that the Commissioners receive the schedule in the next packet. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Quill to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on October 19, 2004, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:47 p.m., on October 12, 2004. Res ctfully yrMEx4ecutive 'ted, J Secretary City f Quinta, California HMIS G:\WPDOCS\PC Minutes\10-12-04.doc 13 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico; La Quinta, CA October 26, 2004 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Assistant City Attorney Michael Houston to lead the flag salute. B. Present: Commissioners Rick Daniels, Kay Ladner, Ken Krieger, Paul Quill, and Chairman Tom Kirk. C. Staff present: Oscar Ord, Interim Community Development Director, Assistant City Attorney Michael Houston, Assistant City Engineer Steve Speer, Principal Planner Stan Sawa, Associate Planners Wallace Nesbit, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of the regular meeting of October 12, 2004. There being no corrections, it was moved and seconded by Commissioners Daniels/Ladner to approve the minutes as submitted. Chairman Kirk asked if there were any corrections to the Minutes of the Special Joint Meeting of September 28, 2004. There being no corrections, it was moved and seconded by Commissioners Daniels/Ladner to approve the minutes as submitted. B. Department Report. V. PUBLIC HEARINGS: A. Site Development Permit 2004-812; a request of Chick-Fil-A for consideration of development plans and signs for a 4,694 gross square foot restaurant with a drive through lane located on the north side of 407 G:\WPDOCS\PC Minutes\10-26-04.doc Planning Commission Minutes October 26, 2004 Highway 1 1 1, east of Adams Street within The Pavilion at La Quinta project. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if the plan complied with all Code requirements. Staff stated yes. 3. Chairman Kirk asked if the master developer was providing all the landscaping or just this section prior to development or the entire landscape easement. Staff stated it is uncertain about the landscaping, but if they are not doing the entire landscaping along Highway 1 1 1, the portion in front of Chick-Fil-A will be required. Interim Community Development Director Oscar Orci noted the problem the City has with previous street landscaping. Developers have installed the entire length of the landscaping and it has not been maintained in front of areas where shops have not been developed. If the Commission determines it appropriate, this pad would only be landscaped at this time. 4. Commissioner Daniels asked if the entire street improvements had been completed for this section of Highway 1 1 1. Assistant City Engineer Steve Speer stated they are working with Caltrans to complete the improvements including the deceleration lane. 5. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Greg Lawless, representing Chick-Fil-A, stated he concurred with the conditions and was available to answer any questions. They do not intend to open till some of the other shops in the Center open. 6. Chairman Kirk asked if there was any other public comment. There being no further comment, the public participation portion of the hearing was closed and open for Commission discussion. 7. Commissioner Quill asked that the landscaping come back before the Commission. Interim Community Development Director Oscar Orci stated Condition #58 directs staff to review the berming and landscaping to be in compliance with the Highway 111 Design G:\WPDOCS\PC Minutes\10-26-04.doc 2 Planning Commission Minutes October 26, 2004 Guidelines. Commissioner Quill asked if there was a retaining wall. Staff stated not at this location at this time. Commissioner Quill asked that it be conditioned to have the retaining wall and the berming to effectively screen the drive through. Staff stated Condition #58 could be amended to include the berming and retaining wall. Mr. Lawless stated they would prefer to see the landscaping and berm rather than the wall as it becomes a nuisance and continually has to be repaired. 8. Commissioner Ladner stated the wall creates a tunnel for the exhaust to collect for those waiting. If the berming can provide what they want then the wall is a duplication and not necessary. 9. Commissioner Krieger stated he agreed with Commissioner Ladner. 10. Commissioner Quill asked that the berm be not less than seven feet. Mr. Lawless stated a wall at this height with the landscaping will hide the entire building. Staff stated this will also cause drainage problems. 11. Chairman Kirk suggested it be conditioned to have the Commission review the landscape plan to ensure the screening. 12. It was moved and seconded by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2004-081 approving Site Development Permit 2004-081, as recommended by staff and amended as follows: a. Condition #58: Landscaping plans will be reviewed by the Planning Commission. The plans shall show site line studies from actual elevations from Highway 1 1 1 and the proposed drive through lane. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. B. Site Development Permit 2004-816; a request of K. Hovnanian Homes/Forecast Homes for consideration of architectural and landscaping plans for three new single-family prototype residential units, each with three different elevations , located at the northwest corner of Avenue 52 and Monroe Street within Tentative Tract Map 30092. G:\WPDOCS\PC Minutes\10-26-04.doc 3 409 Planning Commission Minutes October 26, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2., Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked how many Bottlebrush trees they were planting and if they knew how messy they can be. Staff noted the Architecture and Landscape Review Committee (ALRC) discussed the problems with the Chilean Mesquite trees, but did not require their removal. If the Commission wants them removed from the plant list, they can do so. 3. Chairman Kirk asked why staff was asking them not to hydroseed; what options do they have? Staff stated it is the seed mix that is objectionable. Staff will be asking Public Works to review the seed mix for their approval. 4. Commissioner Quill noted the grade differential on the back of the lots was up to four feet between the pads. Staff noted the differential is normally not more than three feet. The grading plan is in plan check currently and Public Works will review the grades. Interim Community Development Director Oscar Orci clarified that Public Works will be reviewing the hydrology to see that it complies with City standards. 5. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Steve Chaparro, K. Hovnanian Homes/Forecast Homes, gave a presentation on the project. 6. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill asked about the seed mix. Mr. Chaparro noted the comments made by the ALRC on the wildflower problems. 7. Chairman Kirk noted there was a lot of turf and if it met with the City's Water Efficient Landscaping Ordinance. Mr. Chaparro stated it is being reviewed by the City as well as CVWD and will meet those requirements. Chairman Kirk asked if staff had seen the calculations. Staff stated they have not seen the approved plans by CVWD in order to review the calculations. 410 G:\WPDOCS\PC Minutes\10-26-04.doc 4 Planning Commission Minutes October 26, 2004 . 8. Chairman Kirk asked if anyone else would like to address the Commission on this matter. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 9. Chairman Kirk stated the landscaping plans seem too lush and he does not believe they will meet the City's Ordinance. Staff noted the applicant must meet the allowance stated in the Ordinance. The Ordinance does allow them to mix and combine areas to reach those quotas. Discussion followed regarding the landscaping plan. 10. Chairman Kirk reopened the public hearing and asked Mr. Chaparro if he had any objection to bringing the landscaping plan back to the Commission. Mr. Chaparro stated he would prefer to have staff approval if they meet the Ordinance. 11. Commissioner Quill asked if the City had an outside consultant who could review the plant material and could give advice. Staff noted the ALRC has members who are proficient with landscaping terms and species and this is part of their review process. 12. It was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2004-082, approving Site Development Permit 2004-816, as recommended by staff and amended as follows: a. Condition added: The final landscaping plan shall be reviewed and approved by the Planning Commission prior to a Certificate of Occupancy. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Commissioner Quill asked that discussion be agendized regarding the hiring of a horticultural ist to address plant material, their growth pattern, etc. Second, he would like to have agendized a discussion regarding 411 G:\WPDOCS\PC Minutes\10-26-04.doc 5 Planning Commission Minutes October 26, 2004 putting together a container storage ordinance. He would like to see them put together in a very tasteful manner. Assistant City Attorney Michael Houston clarified that Wal-Mart would not be coming back before the Commission as it was appealed to the City Council by the applicant. Discussion followed regarding the action and alternatives presented to the Council regarding the appeal.. Staff was directed to agendize the two items. B. Interim Community Development Director Oscar Orci asked the status of the Commissioners attendance at council meeting. Staff would see that the Commissioners receive the schedule in the next packet. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Krieger/Quill to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on November 9, 2004, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:09 p.m., on October 261 2004. Res ctfully submitted, e J. Minta, er, Execu ' e Secretary City of a California 412 G:\WPDOCS\PC Minutes\10-26-04.doc 6 REPORT/INFORMATIONAL ITEM: MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 6, 2004 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:04 a.m. by Principal Planner Stan Sawa who led the flag salute. B. Committee Members present: Bill Bobbitt, Frank Christopher, and David Thorns. C. Staff present: Principal Planner Stan Sawa, Associate Planners Wallace Nesbit and Martin Magana, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of September 8, 2004. There being no changes, it was moved and seconded by Committee Members Thoms/Bobbitt to approve the Minutes as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Site Development Permit 2004-812; a request of Chick-Fil-A for consideration of architectural and landscaping plans for a restaurant with a drive -through located on the north side of Highway 1 1 1, east of Adams Street in the Pavilion at La Quinta Center. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Debra Kerr, Kerr Project Services, and Greg Lollis, with Chick-Fil-A, project representatives, who gave a presentation on the project. ' 413 G:\WPDOCS\ALRC\10-6-04 WD.doc Architecture and Landscaping Review Committee October 6, 2004 2. Committee Member Bobbitt asked if there was a way to make a provision for the developer's landscaping plans be noted to address the landscaping for the screening of the drive through so this will be picked up. Are there any other drive-throughs? Staff stated yes, and it will have a similar landscaping issue. Mr. Lollia explained the reason for the long drive through is to separate the drive through first for safety and second to remove it from the Center's circulation pattern. 3. Committee Member Christopher asked if the berming/landcaping to screen the drive through was a requirement prior to opening. Staff stated yes, it is a condition of approval. 4. Committee Member Thoms recommended berming be required. Staff stated the developer is required to include berming, but staff is unaware of the exact location. Committee Member Thoms stated the Crepe Myrtle trees should be replaced with a tree that will be green more often. Mr. Lollia stated they would refer the Committee's recommendation to the landscape architect. 5. Committee Member Bobbitt noted the Crepe Myrtle tree is beautiful, but agreed it will be bare from November to April. He stated the Melalucas may be a better tree. The beds proposed where the Crepe Myrtle are proposed shows a planter five feet wide, the width of the planting island will create problems later on if it is not wide enough. If it were possible in the future, he would ask that the developers provide a wider planting strip. 6. Committee Member Christopher asked how consistent the colors are with the main building. Staff stated they are consistent. Committee Member Christopher stated the plans shows the window sill caps and other capping details as interior and exterior. This could be a reflection problem if it is not brushed stainless steel. Mr. Lollia stated they typically are a bronze, anodized treatment. Committee Member Christopher stated he would prefer it is the same treatment as the main buildings. 7. Committee Member Thoms stated that if the Highway 111 landscaping plans do not cover the drive through, a short wall could be used. Staff stated that will be an option. G:\WPDOCS\ALRC\l0-6-04 WD.doc 2 414 Architecture and Landscaping Review Committee October 6, 2004 8. Committee Member Bobbitt asked that the berming be pushed away from the drive -through. He then asked what material would be used on the trellis over the drive -through. Ms. Kerr stated they propose the glu-Ism beams. 9. Committee Member Christopher stated his concern regarding the location of the trash enclosure at the main entry to the Center. The strip in front of it should be buffered with planting. Mr. Lollia stated they would see that it is planted whether or not it is on their property or in the common area. 10. There being no further questions of the applicant, it was moved and seconded by Committee Members Christopher/Bobbitt to adopt Minute Motion 2004-028 recommending approval of Site Development Permit 2004-812, as recommended by staff and amended: a. Condition added: All exterior window and door sills shall match the rest of the Center. b. Condition added: An alternative evergreen to the Crepe Myrtle trees shall be used. C. Condition added: Any wood trellis material shall be pressure treated. Unanimously approved. B. Site Development Permit 2004-814; a request of Rich Entin Family Trust/Ware Malcomb Architects for consideration of architectural and landscaping plans for a t 23,760 square foot two-story general office building on a located at 43-576 Washington Street, on the east side approximately 960 feet north of Fred Waring Drive. 1. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Cesar Romero, applicant, who gave a presentation on the project. 2. Committee Member Christopher asked if it was a tilt -up building. Mr. Romero stated yes. Committee Member Christopher asked if there was any added material used to give dimension to the building. Staff stated there is a dimensional aspect. G:\WPDOCS\ALRC\l0-6-04 WD.doc 3 Architecture and Landscaping Review Committee October 6, 2004 3. Committee Member Thorns stated it is a rectangular building with very little detail. It needs to be given more detail. Staff noted the Washington Street setback which does restrict the development of the building. Mr. Romero explained the details on the building. 4. Committee Member Christopher stated the south and rear do show more detail than what fronts onto Washington Street. Mr. Romero stated a different color scheme may help as well. In addition, there is an entry trellis which has columns to add detail. 5. Committee Member Bobbitt stated the roofline is what needs articulation. He would like to see some vertical relief on the roof plane. He asked if the windows have any reveal. Mr. Romero stated they will be set back with beveled angles. 6. Committee Member Christopher asked if the main floor archways were recessed. Mr. Romero stated they are recessed with tile accents as well as lush landscape plants. 7. Committee Member Bobbitt stated he agreed with staff's recommendation to have the Chilean Mesquite trees replaced with a different variety. 8. Committee Member Christopher asked if there was an overlay on the east elevation as to what is sitting behind this building. Staff stated the middle school is proposed in that location. Mr. Romero stated that on the east elevation they have created seating areas. The windows are designed so they could be converted to French doors. Committee Member Christopher suggested they go with a three color mixed roof tile to break up the roof. Also, the precast architectural details on the staircase need to be added to the east elevation between the archway windows. 9. Committee Member Thorns stated the entry could be enhanced. Mr. Romero stated they did not want to accentuate the entry as it was unknown who the tenants may be which could create different entries. 10. Committee Member Christopher suggested the center of the roof be pitched up. 416 G:\WPDOCS\ALRC\l0-6-04 WD.doc 4 Architecture and Landscaping Review Committee October 6, 2004 11. Committee member Thoms stated he could not support the project as submitted as the blocky articulation needs to be addressed. 12. There being no further questions of the applicant, it was moved and seconded by Committee Members Bobbitt/Christopher to adopt Minute Motion 2004-02029 recommending approval of Site Development Permit 2004-814, as recommended by staff and amended. a. Condition added: Something is to be added to break up the roof line by pitching the center of the roof over the main entry area. b. Condition added: A different variety of tree shall be used instead of the Chilean mesquite. C. Condition added: Architecture precast detailing on the east elevation similar to that on the south side, shall be added d. Condition added: The roof tiles shall be a three color mix. Unanimously approved. C. Site Development Permit 2004-815; a request of John Vuksic for consideration of architectural and landscaping plans for a single story, 10,000 square foot office building on a 0.83 acre site located on the west side of Caleo Bay, approximately 270 feet north of Avenue 48. 1. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced John Vuksic and Jon Gray, who gave a presentation on the project. 2. Committee Member Christopher asked if the bright orange was proposed to pick up the color of the Walgreens store. Staff stated the desire was to have a continuation of the architecture and colors in this area. 3. Committee Member Thoms stated that on the north elevation the stone should wrap around the tower. 4. Committee Member Bobbitt stated he has no objection to the project. He asked about the size of the parking lot tree islands. Staff noted the Code requirement has not been amended to require the 8-feet by 8-feet. 417 G:\WPDOCS\ALRC\10-6-04 WD.doc 5 Architecture and Landscaping ReviewCommittee October 6, 2004 5. Committee Member Christopher noted the elevation facing Avenue 48 needs special attention given to the landscaping to buffer the view corridor for the homes to the south. He asked if there was a lighting plan submitted. Mr. Gray stated the lighting was already installed on the site and any additional fixtures needed would be the same. 6. There being no further questions of the applicant, it was moved and seconded by. Committee Members Christopher/Bobbitt to adopt Minute Motion 2004-030 recommending approval of Site Development Permit 2004-815, as recommended and amended: Condition added: Center tower shall have stone added. Unanimously approved. D. Site Development Permit 2004-816; a request of K. Hovnanian Homes/Forecast Homes for consideration of architectural and landscaping plans for three prototypical residential plans for Tentative Tract Map 30092 located at the northwest corner of Avenue 58 and Monroe Street. 1. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Steve Chaparro and Angela Wilson, of Forecast Homes, who gave a presentation on the project. 2. Committee Member Thoms asked why there were no swimming pools. Mr. Chaparro stated they typically do not show a pool. Committee member Thoms asked if the developer's responsibility was only to landscape the front yard. Mr. Chaparro stated yes, the rear yard is the property owners. 3. Committee member Bobbitt asked if there was a HOA and what was their responsibility. Mr. Chaparro explained. Committee Member Bobbitt stated the Phoenix should be ,planted away from any traffic area. They should be nursery grown or inspected by the landscape architect before installation. He then asked about the retention basins. 418 G:\WPDOCS\ALRC\l0-6-04 WD.doc 6 Architecture and Landscaping Review Committee October 6, 2004 4. Committee Member Christopher asked what would be used to cover the retention basin. Ms. Wilson stated wildflowers. 5. Committee Member Bobbitt stated wildflowers will deteriorate and become infested with weeds and be a maintenance problem. He would suggest an alternative be used. 6. Committee Member Thoms asked about the trees at the main entrance. Mr. Chaparro stated they would have to refer to the landscape architect. 7. Committee Member Bobbitt went over the proposed plant list and made recommendations. 8. Committee Member Thoms asked about the perimeter wall. Mr. Chaparro stated it was a combination of precision and split face block with horizontal banding. Color is yet to be determined. 9. There being no further questions of the applicant, it was moved and seconded by Committee Members Bobbitt/Christopher to adopt Minute Motion 2004-031 recommending approval of Site Development Permit 2004-816, as recommended and amended by staff. a. Condition added: remove Mesquite trees and use alternative seed mix for hydroseeding retention basins. b. Condition added: final review of block wall shall be by the Planning Commission for color contrast. c. Condition added: Plan 3 shall have a three color mix roof. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None. VII. COMMITTEE MEMBER ITEMS: VIII. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Christopher/Thoms to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a regular meeting to be held on November 3, 2004. This meeting was adjourned at 1 1: 41 a.m. on September 8, 2004. G:\WPDOCS\ALRC\10-6-04 WD.doc 7 419 Architecture and Landscaping Review Committee October 6, 2004 Respectfully submitted, . A ER Ex cu ' e Secretary 920 G:\WPDOCS\ALRC\10-6-04 WD.doc REPORT/INFORMATIONAL ITEM: _29- COMMUNITY SERVICES COMMISSION MINUTES October 11, 2004 I. CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Commissioner St. Johns presided over the meeting. Commissioner St. Johns led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Victoria St. Johns Commissioner Bob Leidner Commissioner Hackney Commissioner Tom Vaughn (excused) STAFF PRESENT: Dodie Horvitz, Community Services Director Therese Vella-Finorio, Secretary II. PUBLIC COMMENT -None III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of September 8, 2004 Minutes B. Monthly Department Report for August 2004 It was moved by Commissioners Hackney/Leidner to approve Monthly Department Report. Unanimous. V. PUBLIC HEARING - NONE VI. BUSINESS ITEMS A. Skate Park Coalition Meeting will be held on Thursday, October 21, 2004 at 2:00 p.m. Director Horvitz said approximately 15 members may attend. The members of the Coalition have diverse backgrounds 421 Community Services Commission Minutes and professions. There is a formal Agenda with this month discussion on the liability and use of BMX/ Bicycles at skate parks. At this time, these bicycles are not allowed on skate parks because the liability insurance does not cover them. The Coalition will tour the construction site at the La Quinta Skate Park arriving at approximately 3:15 p.m. - 3:30 p.m. This will be the first time the Coalition team will tour a park under construction. It was moved by Commissioners Leidner/St. Johns that the Commissioners will do their best to attend the Coalition Park meeting and tour. Unanimous. B. Tiny Tot Halloween Carnival and Dog-O-Ween Contest - Director Horvitz stated the Commissioners are welcome to attend either or both of the events. We have high school and middle school students who have volunteered to help with this event. Commissioner Leider will be out of town during that time. It was moved by Commissioners Hackney/Leidner that the Commissioners will do their best to attend the Tiny Tot Halloween Carnival and/or Dog-O-Ween Contest. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. New Commissioner Appointment - the City Clerk will be handling the appointment of the new Community Services Commissioner next week. VIII. COMMISSIONER ITEMS A. Reports from Commissioners Regarding Meetings Attended: Commissioner Leidner attended the groundbreaking ceremony for the Skate Park on September 291n. Commissioners St. Johns, Hackney and Leidner attended the Youth workshops at the La Quinta Middle School and La Quinta High School. They felt the Middle School students and their advisor were more interested in the programs than the High School students. Commissioner Leider asked Director Horvitz for a report from Supervisor Riesgo stating what results have been achieved from these workshops. Open discussion was held expressing the Commissioners disappointment on the youth workshops. related to the food and beverage provided, the time of the meetings, lack of 424V 0�� Community Services Commission M ini itPs interaction with the students, and their own involvement. The Commissioners stated if we are going to be involved as a community, we have to be more proactive and make sure there is more interaction with the students to bring them out. Commissioner Hackney said he heard one useful comment from the students: they complained that the restrooms at the La Quinta Park are dirty. Director Horvitz stated in the past, the Commissioners hosted the youth workshops, and suggested it could be done that way again instead of staff handling the workshops and preparing the Agenda. Further, she said these workshops were held once a year in April when the students would give their requests. We found we didn't get good follow through the next year when we went back, there were a new group of students and the others had left. Commissioner St. Johns said she found that in the past there was more interaction between the Commissioners and the students. Director Horvitz asked if the Commissioners would like to take this project on, or continue having staff do it. Commissioner Hackney responded that whether it is the Commissioners or staff who handle this project, if it is going to be beneficial to the students and the community it needs it needs more interaction and vibrancy (particularly at the high school level). Commissioner Leidner asked to receive a report on Supervisor Riesgo's ideas. If she received meaningful information from these workshops, then that was great. Commissioner Hackney said if the ASB at the high school doesn't want us to be there, maybe we need to evaluate if we need to be there. Director Horvitz stated we have a very good relationship with the school district. We must be very cautious in not stepping on other groups at the high school such as the PTO. She stated the City funds $2,000 each year to sponsor Career Day at the high school and we receive no applications. Commissioner Hackney heard that we could sponsorship some of the Pep Rally's and Homecomings at the high school. Director Horvitz responded that we would not fund these events because we would be in competition with the service organizations such as Band, Booster Club and PTO who are sponsoring these events. Commissioner Hackney asked to hear what Supervisor Riesgo had to say regarding the Tail Gate parties. Director Horvitz stated we are a very small staff and we rely on the Commissioners to help us. Director Horvitz will speak with Supervisor Riesgo to put together a 23 003 Community Services Commission Minutes report for the next meeting. Commissioner Hackney met the volunteer coordinator for the Boys and Girls Club and asked if there are volunteer programs the City has with them since both pull from the same pool of volunteers. Director Horvitz stated the Boys and Girls Club is a non-profit organization and the City does not work with them to recruit volunteers. The volunteers we have at the City are here to either 1) complete community service hours; or 2) job specific so they may use use on their resumes when applying for a job. The Boys and Girls Club building belongs to the them but it is on City land; we have a 50 year land lease with them. The City pays the Boys and Girls Club $30,000 a year to use they gym and $30,000 a year for scholarships. We also have paid for the maintenance on the building including redoing the gym floors, and paying $100,000 for the installation of the new air- conditioning system. Commissioner Hackney asked for more information on the big picture for other organizations such as the YMCA and other non-profit organization. He thought it would be beneficial to get an appreciation of the working relationships. Director Horvitz stated we give many volunteer referrals to the Boys and Girls Club. B. Upcoming Events Veteran's Day Tribute Ceremony - Civic Center campus on November 11 th 1:30 - 3:00 p.m - Annual Tree Lighting Ceremony - December 3rd 6:00 - 8:00 p.m Santa Paws Pet Portraits - December 4th 10:00 - 1 1:30 a.m. Breakfast with Santa - December 1 1 th 9:00 - 1 1:00 a.m The question was raised by Commissioner Leider who was going to be Santa Claus this year? Director Horvitz stated both Gary Calhoun and Mike Davis have expressed interest. IX. ADJOURNMENT It was moved by Commissioners Leidner/St. Johns to adjourn the Community Services Commission meeting at 7:40 PM. Unanimous. 929 004 Community Services Commission Minutes NEXT MEETING INFORMATION Monday, November 8, 2004 @7:00 PM La Quinta Civic Center - Study Session Room Submitted by: Therese Vella-Finorio, Community Services Secretary 4'25 005 Department Report: I —A 1 Qj 4r• o`` s cu 5 OF TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager ,/►� DATE: November 16, 2004 SUBJECT: Department Report - Response to Public Comments The following public comment was made at the November 2, 2004, City Council meeting: 1. Jack Fleck, representing the VFW Post 855, The California Cadet Corps, and the La Quinta High School Junior ROTC, thanked the Council for their sponsorship of the VFW Post Pancake Breakfast, to be held at the Senior Center on November 20, and invited the Council Members to attend. 428 DEPARTMENT REPORT: 3 -- A CCOUNCIUS WN UPCOMING EVENTS NOVEMBER 16 NOVEMBER 18 DECEMBER 6 DECEMBER 7 DECEMBER, 16 DECEMBER 21 JAN UARY 4 JAN UARY 18 CITY COUNCIL MEETING ANNUAL THANKSGIVING LUNCHEON AT SENIOR CENTER -11:30 A.M. HOLIDAY OPEN HOUSE -11:30 A.M. CITY COUNCIL MEETING ANNUAL HOLIDAY LUNCHEON AT SENIOR CENTER -11:30 A.M. CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 427 November 2004 La Quinta City Council Monthly Planner MondaySunday Tuesday TTe.. y I nursciay... .... 2 3 4 5 6 i 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch 9:00 AM - 4:00 PM SJSR Meeting Ntl. Mnmt-Henderson i Election Day 8 9 10 11 12 13 7 12:00 PM Transp-Perkins 12:00 PM Human & 9:00 AM RCTC- 3:00 PM Mtns. Con -Sniff Comm. -Osborne Henderson It 6:00 PM League- 7:00 PM Mosquito 5:30 PM Investment Henderson Abate. -Perkins Advisory Board Veteran's Day 7:00 PM Com. Serv. 7:00 PM Planning (CITY HALL CLOSED) Comm. Commission 14 15 16 17 18 19 20 10:00 AM CVAG-Pub. 9:00 AM CVA-Henderson 12:00 PM Energy/ 3:00 PM Historic Preser- Safety-Perkins 2:00 PM City Council Environ.-Sniff vation Commission Meeting 21 22 23 24 25 26 27 7:00 PM Planning 12:00 PM Sunline-Adolph Commission 4:00 PM DRRA Airp- 4 4 Osborne Thanksgiving Day Thanksgiving Holiday (City Hall Closed) (City Hall CLOSED) 28 29 30 oil October December S M T W T F S S M T W T F S 1 2 1 2 3 4 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 5 6 7 12 13 14 8 9 10 11 15 16 17 18 24 25 26 27 28 29 30 31 19 20 21 22 23 24 25 26 27 28 29 30 31 i"j1pigi 1111g,11111i Printed by Calendar Creator Plus on 11/8/2004 4-28 December 2004 La Quinta City Council Monthly Planner Sunday y 1 2 3 4 I!!i' November 04 January 05 ( 10:00 AM ALRC 9:30 AM Animal Campus- `°`� S i, M T W T F S j' S MTWT F S 12:00 PM Sunline-Adolph Henderson 1 2 3 4 5 6 E 7 8 9 10 11 12 13 2 3 j!!=' �• 14 15 16 17 18 19 20 9 10 EIiEII�i '' 16 17 4 5 6 7 8 11 12 13 14 15 18 19 20 21 22 i 21 22 23 24 25 26 27 23 24 25 26 27 28 29 28 29 30 ! 30 31 5 6 T 8 9 10 11 6:00 PM Exec. Cmte.• Adolph 2:00 PM City Council Meeting 9:00 AM RCTC• Henderson 12:00 PM Energy/ Environ.-Sniff 6:00 PM Employees Recognition Dinner 5:30 PM Investment 7:00 PM Cultural Arts Advisory Board Commission Holiday Open House 11:30 a.m. - 3:30 p.m. 12 13 14 15 16 - 17 18 7:30 AM CVEP•Adolph 7:00 PM Mosquito 3:00 PM Historic Preser- 10:00 AM Pub. Sfty Abate. -Perkins vation Commission Perkins 7:00 PM Planning 12:00 PM Transp-Perkins Commission 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 19 20 21 22 23 24 25 12:00 PM SunLine• Adolph 9:00 AM CVA-Henderson 2:00 PM City Council 12:00 PM Human/Comm- Osborne 9:00 AM LAFCO- Henderson Meeting 4:00 PM DRRA Airp- Osborne Christmas Eve Christmas Day (City Hall CLOSED) 1st Day of Winter 26 2 7 28 29 30 31 E !��!'Ei I• 6:00 PM Exec Cmte.• 7:00 PM Planning '•'' Adolph Commission New Years EveII!fE ! (City Hall CLOSED) Printed y Calendar Creator Plus on 11/8/2004 E• ! 2 January 2005 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 New Years Day 9 10 11 12 13 14 15 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 9:30 AM Animal Campus 10:00 AM Pub. Sfty- Perkins Abate. -Perkins Henderson 12:00 PM Energyl 12:00 PM Transp-Perkins 3:00 PM Mtns. Con -Sniff 7:00 PM Planning Commission 5:30 PM Investment Advisory Board Environ.-Sniff 7:00 PM Cultural Arts 6:00 PM league- Commission Henderson 7:00 PM Com. Serv. Comm. 16 17 18 19 20 21 22 9:00 AM CVA-Henderson 3:00 PM Historic Preser- IV 2:00 PM City Council vation Commission Meeting Martin Luther King's Birthday (CITY HALL CLOSED) 23 24, 25 26 27 28 29 7:00 PM Planning 12:00 PM HumanlCon m- 9:00 AM LAFCO- commission Osborne Henderson 30 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne February 05 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 2$ 22 23 24 25 26 27 28 Printed by Calendar Creator Plus on 11/8/2004 430 30 DEPARTMENT REPORT: v � ti5 OF T� TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety --r--4 DATE: November 16, 2004 RE: Monthly Department Report - October 2004 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of October. Also included is the new Monthly Executive Status Report for the Municipal Library. The reports depict the following highlights: • Year to date building permit valuation is $299,594,561 which represents an issuance of 4,362 building permits through October; • 1,969 animal control cases have been handled through October; • 1,686 code compliance cases have been initiated through October; • $1,810.00 - garage sale permit income in October; and • Monthly Executive Status Report - Municipal Library Construction Update 431 y e ril En CD CCD I= wi CD Or CD CD CD a� y a� CDGn 00 a CD a `0 .0 O CL �. O r.L CL v1 CD a 00 CD CD c� • CD `$ aC4 CD CD a CEn CA CL (OD a° C Z� CDC N c � O11D N ►1 N N . O N d z o a 'T, o 0 o Fes+ "A O\ I-- Vl W t.h -i O\ O\ O� w •� .� 00 �l N �, � N O -P cvh 00 �O w W a-, a-, G+I.W O y o o � �O �G N ►- W -P W W O1 01 �O W W W W O N O N W C V CA V V W V V V W V 406 V V V v w O N v W N �1 O 00 � 4 C � "O W W to 00 00 W to V1 N ZO N Z-O 4P, W .P v O 00 .A N 10 W (ON J � v J D �+ V1 It W `O J w O ON 00 00 O� 00 v N N GA W O W N W w W W •p N w N N r. 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O O J 01 1D U1 W 1D l!I t!1 J 01 0� 1D J 111 I � 1 1 ro \ ►� J OOOIP F+Ot11101P W NOJ001D i tz1 1 1 ts�Oro I t� 1 1 to IP t=i Ul O O O 1D IP O O W J O U1 J:th 0 0 & 1 Cn 1 I 01 O O O 0► 0% O IP w 01 0 Ln w Ln O Ln w I 1 I 1 1 t I i 1 I I 1 > I 1 ro I 1 1 ro I I I r I I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o I cn 1 I 1 1 1 1 I 'I I 1 1 ro I I Ci] W 1 Iroy� 1 3 1 o 0 0 o 0 0 0 0 0 0 0 0 0 0 o I y I I to to 1 1 t?! 1 I � 1 I > M 1 1 to 0 1 to t7 I r 1 I 'ty I ex 1 b t1! I rc C , 000o0000000000o I �►� I 1 x> 1 1 � I I 1 1 1 I I 1 I hn I I 000 00000000000o 111 coo 000000000000 1 I 433 3 ANIMAL CONTROL REPORT FOR: Oct. 2004 Steve Alexander, Jackie Misuraca, and Moises Rodarte Animal Pickups YEAR TO YEAR TO INCIDENTS YEAR TO Oct. 04 DATE 04 DATE 03 HANDLED DATE 04 YEAR TO DATE 03 Dogs . Alive 28 291 309 Bite Reports 6 32 33 Dead 2 66 71 Animal Trap OTI 14 38 33 Set Ups 4 29 69 Cats Alive 47 197 172 Cruelty to Dead 6 65 70 Animals 0 0 3 OTI 0 6 3 Other Animals Alive 2 81 93 Vicious Animal Dead 9 86 67 Restraining 0 5 0 OTI 1 2 1 TOTAL ANIMALS Special Hour Patrols 7 48 11 Alive 77 569 574 Zoning 0 2 12 Dead 17 217 208 Lost/Found 51 422 387 OTI 15 46 37 Animal Rescue 2 18 16 Outside Agency 2 2 6 TOTAL ANIMALS REMOVED City Reclaims 6 94 134 Other 17 209 160 109 832 819 TOTALS 95 861 831 VIOLATIONS: NO OWNER WARNINGS CITATIONS Dogs at Large 16 0 6 Noise Disturbance 0 0 0 Defecation Removal 0 0 0 License Violation 0 0 7 Other 0 0 5 MONTHLY TOTAL 16 0 18 YEAR TO DATE 160 2 114 TOTAL MONTHLY INCIDENTS HANDLED: Oct. 04: 238 Oct. 03: 246 TOTAL YEARLY INCIDENTS HANDLED: Oct. 04: 1969 Oct. 03: 2281 434 4 CODE COMPLIANCE STAT REPORT FOR OCTOBER 2004 Oct. 04 YEAR TO DATE 04 YEAR TO DATE 03 ABATEMENTS: Nuisance Abatements Started 81 954 1159 Weed Abatements Started 5 66 106 Vehicle Abatements Started 25 651 664 Dwelling Abatements Started 0 1-5 12 TOTAL STARTED 111 1686 1941 TOTAL COMPLETED 72 1579 1652 Case Followups 144 3298 4500 Home Occupation Inspections 11 132 125 Business License Inspections 0 1 1 Garage Sale Permits Issued 181 1412 1384 Total Received $19810.00 x 435 5 IF ► r_ 'mac.._ CONSTRUCTION INC. Glendora Beverly Hills San Clemente La Quinta Las Vegas Monthly Executive Status Report City of La Quinta Municipal library Construction Update Presented to The City of La Quinta: November 4, 2004 For the Month of October, 2004 • Underground utilities completed • Slab on grade completed • Begun forming tilt -up panels • Web Cam successfully launched/operating • No negative community related problems/issues reported Schedule Performance Month of October, 2004 • Lost two days due to rain (will plan on re -gaining days, though) Schedule Performance Project To Date • Original Project Completion Date: June 16, 2005 • Approved Additional Days: 2 • Revised Contractual Completion Date June 18, 2004 • Current Project Completion Date: June 27, 2005 • Forecasting making up 9 days during remainder of project --Forecast completion date: June 20, 2005 Budget Performance Project To Date • Original bid: $5,794,018 • Plus Contingency (5%) $289,700 • Total Budget (original bid plus contingency): $6,083,718 • Change Orders (3): o $7,923 (vault relocation) o $23, 228 (underground duct work not included in arch. plans) o <$6,245> CREDIT (crushed rock/grading) o Total net change orders: $24,906 • Current cost commitments (original bid plus change orders): $5,818,924 • Contingency usage to date: $24,906 • Contingency budget remaining: $264, 794 • Current commitments as % of Total Budget ($6,083,718) 95.6% Safety Performance Project To Date • No Lost Time injuries or safety violations to report Upcoming Month Priorities/Key Activities (November, 2004) • Steel fabricated and delivered (expedited vs. schedule) • Continue to form and pick panels • Begin steel framing on rotunda 436 6 DEPARTMENT REPORT: 0005 4 ti5 of f9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: OSCAR ORCI, INTERIM COMMUNITY DEVELOPMENT DIRECTOR DATE: NOVEMBER 16, 2004 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF OCTOBER, 2004 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of October. PAMonthly Report Folder\OCT 2004.doc 437 COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT REPORT OCTOBER 2004 PROJECT DESCRIPTION Conditional Use Permits 2 submitted Development Agreements 0 submitted Environmental Assessments 2 submitted General Plan Amendment 0 submitted Lot Line Adjustments 2 submitted Minor Adjustments 4 submitted Minor Use Permits 12 submitted Parcel Maps 2 submitted Parcel Mergers 1 submitted Sign Permits 13 submitted Site Development Permits 2 submitted Specific Plans 0 submitted Tentative Tract Ma s 1 submitted Temporary Use Permits 13 submitted Village Use Permits 2 submitted Zone Change 0 submitted Zoning Code Amendments 0 submitted TOTAL 56 NEW CASES SUBMITTED INSPECTIONS AND PLAN CHECKS Cove Checks 10 Inspections completed Subdivision Plan checks 47 performed 0a 2 PAMonthly Report Folder\OCT 2004.doc 438 N +j 4— Z o o� +, O C.) 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O CL M LC) EO C EN 0 cam FLcO 00 >N W O 2 a J F- 0 UL J r- t a 0 t c 0 6.07 443 O a W D H a H V W n O cc a Q v W a c O *0 ILO O It O M a o LO A E M_ �_ G V CO 00 LO 3 'O O CN W O -, N O V� r n co co O � 0 0.p E o 0 o O V LO 00 0 M 0n 00 C O o E+r Q + 0 o 0It Oy 0c 0o co CO a V LO (M c a� w L .� O cn ++ .N O •0 0 0 0 a = c j. co a- U 0 � m @ (1) c c 4- rn ci vM c c a m a Q(DD00 J J O C O = W 06 7 c a +r c o v � c O LL C J C O ' C cc � c 2 CL m U v, DEPARTMENT REPORT: Y� TO: FROM: DATE: HONORABLE MAYOR AND MEMBERS OF THE CITY COW4CIL DODIE HORVITZ, COMMUNITY SERVICES DIRECT NOVEMBER 16, 2004 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF OCTOBER 2004 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH :OF DECEMBER 2004: Dec 1 *Introduction to E-mail Dec 1 *Digital Photography Dec 1 Mat Pilates, Senior Center Dec 2 Linoleum Block Printing, Senior Center Dec 3 Holiday Tree Lighting, Civic Center Campus Dec 4 Santa Paws Pet Portraits, Civic Center Campus Dec 6 *Photo Editing 1 Computer Class Dec 7 *AARP Driver Safety Program Dec 8 *Photo Editing 2 Computer Class Dec 10 *CPR & First Aid Class Dec 10 *Evening Dance Dec 11 Breakfast with Santa, Senior Center Dec 13 *Introduction to the Computer Dec 13 *Photo. Editing 3 Computer Glass Dec 13 *Printshop Publishing Computer Class Dec 14 *Photo Editing 4 Computer Class Dec 15 *Introduction to Word Processing Dec 16 *Holiday Luncheon Dec 18 Newport Harbor Parade of Lights Excursion *Daytime Senior Center class or activity 4 4$- Monthly & Yearly Revenue for the Month of October 2004 uwr�i�l■• �aian■■e _ C�wili4v Qaniale 9nnd 20n3 Variance ■7IV115,155- ■ RY■■■� ■�v..rM.v Senior Center $ 3,883.00 $ 8,450.00 - __-____ $ 4,567.00 Parks $ 250.00 $ 350.00 $ 100.00 Monthly Facility Revenue $ 4,13100 $ . 8,800.00 $ 4,667.00 Year to Date Facility Revenue $ 12 871.00 $ 13 435.00 $ 564.00 Mnnfhlw Ravanesa Senior Center $ 8,574.00 $ 15,266.00 $ 6,692.00 Community Services $ 5,844.00 $ 5,466.00 $ 1 - 378.00 Total Revenue $ 14 418.00 $ . 20,732.00 f 6,314.00 Ravanssa Vazir to nata Senior Center $ 29,363.50 $ 33,504.25 $ 4,140.75 Community Services $ 42,892.00 $ 45,770.00 $ 1 2,878.00 Total Revenue to Date $ 72,255.50 $ 79,274.25 $ (70018.75), Community Services Department Attendance Report for the Month of October 2004 Summary Sheet Program 2004 2003 Variance Sessions Per Month 2004 2003 Leisure Classes 120 76 44 38 32 Special Events 119 64 55 5 2 Adult Spods 418 532 -114 22 23 Senior Center 1086 1192 -106 105 96 Total 1 743 108" 421 170 153 Senior Services Senior Center 350 478 -128 16 16 Total 350 478 -128 16 16 Sports User Groups La Quinta Park Use AYSO 1100 980 120 4 14 Sports Complex Diamond Ringers Softball Club 15 15 0 2 5 Desert Storm Baseball Club 14 0 14 9 0 La Quinta Heat 14 0 14 9 0 AYSO 400 420 -20 4 14 LQ & PD Youth Football 125 125 0 12 12 Facility/Park Rentals La Quinta Boys & Girls Club Private Pa 1 4 10 1 1 Senior Center Private Pa 600 300 300 4 2 Church 600 550 50 a 10 Park Rentals La Quinta Park Rental 150 125 25 5 5 Fritz Bums Park Rental 40 80 40 1 2 Total 3 059 21599 553 59 65 Total Programs 51152 409411 304 245 234 Volunteer Hours Senior Center 1761 432 -256 Total Volunteer Hours 1761 432 -256 Community Services Program Report for October 2004 2004 2003 2004 2003 Participants Participants. Variance Meetings Meetings Leisure Classes Intermediate Belly Dance 5 2 3 4 1 Beginning Belly Dance 14 8 6 4 1 Line Dance 6 14 -8 3 3 Classic/ Latin Ballroom Dance 13 0 0 1 0 Hip Hoe Dance Teen 3 0 3 4 0 Hip Hop Dance Pre -Teen 3 0 3 4 0 Beginning Ballet 10 0 10 3 0 Dance, Play & Pretend 5 0 5 3 0 Yoga Somatica 7 0 7 2 0 Yoga Electica 13 0 13 4 0 Self Defense 4 0 4 3 0 Skateboarding 13 0 13 2 0 Guitar Level 2 8 0 8 1 0 Italian for Travelers 5 0 5 3 0 Interior Design 11 0 11 3 0 Totals 120 24 67 38 5 2004 2003 2004 2003 ParUdpants Participants Variance Meetings Meetings Special Events Ronald Reagan Library Excursion 27 0 27 1 1 AI odones Excursion 20 0 20 1 1 Tiny Tot Halloween 56 42 14 1 1 D-O-Ween 25 22 3 1 1 Totals 128 64 64 41 4 2004 2003 2004 2003 Partiblipants artici nts Variance Meetings Meftings Adult Sports Open Gym Basketball 182 312 :130 16 18 Adult Soccer League 220 220 0 5 4 Volleyball Toumament 16 0 16 1 1 Totals 418 532 414 22 23 Recreation Totals 1 6"1 598 30 I "1 32 448 004 Senior Center Attendance 15mutie.1patiog Participation Variance Meetings Meetings Senior Activities ACBL Bridge 166 164 2 3 5 Bridge, Duplicate/Social 474 520 -46 20 14 Monthly -Birthday Party 24 34 -10 1 1 Monthly Luncheon 42 77 -35 1 1 Movie Time 40 73 -33 7 7 Senior Activity Total 746 888 422 32 28 Senior Leisure Classes Ballroom Dance 25 47 -22 4 6 Bridge Lessons 47 38 9 12 4 Computer 53 53 0 9 13 Computer Tutor 3 4 -1 3 4 Dog Training Class 4 12 -8 4 4 Exercise 58 48 10 13 13 Golden Tones 35 25 10 4 4 Pilates 15 0 15 4 0 Quilting '32 27 5 3 4 Rug Hooking 9 1 8 3 1 Sketching/DrawingSketching/Drawing 81 5 3 3 3 Tai Chi 19 29 -10 4 6 Watercolor 17 25 -8 3 4 Yoga 15 10 5 4 2 Senior Leisure Classes Total 340 324 16 73 68 TOTAL SENIOR PROGRAMS 1086 1192 -106 105 96 Senior Services AARP "55" Course 34 36 -2 2 2 FIND Food Distribution 245 339 -94 5 4 I.I.D. Energy Assistance 59 36 23 6 7 I.I.D. Energy Assistance/No fee 2 2 0 2 2 Legal Consultation 51 12 -7 1 1 Volunteers 5 53 -48 n/a n/a TOTAL SENIOR SERVICES 350 478 -128 16 16 SENIOR CENTER TOTAL 1436 1670 234 121 112 449 005 DEPARTMENT REPORT: 9 101, v � Irvcauou��4 of° TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: November 16, 2004 RE: Public Works/Engineering Department Report for October 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. T' othy R. (YY nass Cy ublic Works Director/City Engineer 4 50' F- z W H za 5 d Y W J � Q Y O0 r. 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E C O ai o CD m p Z a� '� > Q � N t� (n (n Q O (n tr Z CL MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: October, 2004 Employee's Hourly Labor Breakdown Crew�#1 Crew #2 Crew #3 Maint. Mg. Code Activity7 Men 1 Man 2 Men 1 Man Total 1000 Policingnns ection 52 0 0 11 63 1001 Pot Hole -Repair/Patching 17 0 0 0 17 1002 CracklJoint Repair 0 0 0 0 0 1003 Pavement Marian a ends 0 0 0 0 0 1004 Pavement Markin Striping 0 0 0 0 0 1005 Curb Painting 0 0 0 0 0 1006 Other Traffic Controls 12 0 0 0 12 1007 Curb & Gutter Re air/Const. 1 0 0 0 1 1008 Other Concrete Repairs/Const. 0 0 0 0 0 1009 Street Sign Install (New) 19 0 0 13 32 1010 Street Sign Repair/Maint 76 57.5 0 1 134.5 1011 Debris Removal 7 0 0 2 9 1012 Right of Way Maint. 4 0 8 0 12 1021 CLEAN Catch Basin Inlet/Outlet 14 0 0 4 18 1022 Rondo Channel OutletAtautt 29 0 0 0 29 1022A Desert Club OutleWault 0 0 0 0 0 1023 Retention Basins Repair/Maint. 98 0 0 0 98 1024 Gutter/Median Sand Removal 0 0 0 0 0 1025 Street Sweeping (Machine) 132 0 0 0 132 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 0 0 2 0 2 1028 Dust Control 0 0 0 0 0 1029 Flood Control 67 0 0 5 72 1031 Parks/Retention Basins Inspection/Clean-4 29 0 116 0 145 1041 Mowing/ Weeding, Shrubs & Tree Trijee 32 0 9 0 41 1051 Landsca e/Irri ation Contract Mana0 0 90 16 106 1052 Li htin iectrical Contract Mana em 0 0 0 13 13 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maint. 5 0 0 0 5 1063 lVehicle Repair Maint. 25 0 4 0 29 1081 1 TrashA-itte;/-R—ecycable Removal 2 0 0 0 2 1082 lVandalism Repairs 0 0 0 0 0 1083 Graffiti Removal 88 0 38 1 127 1084 Maint. Yard Building Maint. 29 0 0 0 29 1085 Seminars/Training 50 0 16 7 73 1086 Special Events 0 0 0 0 0 1087 Citizen Complaints/Requests 241 0 13 0 254 1088 1 Meeting 15 0 6 31 52 1089 Office (Phone, paperwork, reports, Misc.)j 32 0 14 40 86 SUBTOTAL 1 1076 57.5 316 144 1593.5 1091 Over Time 54.5 0 22 0 76.5 1094 Jury D ) 0 0 0 0 0 1095 Sick Leave 28 12.5 4 8 52.5 1096 Vacation 16 26 0 8 50 1097 Holiday 0 0 0 0 0 1098 Workman Comp. 0 56 0 0 56 1099 AWOP 0 8 0 0 8 SUBTOTAL 98.5 102.5 26 16 243 TOTAL HOURS 1174.6 160 342 160 1836.5 TOTAL MILES L 4765 1721 1297 625 6859 456 DEPARTMENT REPORT: CITY OF LA Q UINTA POLICE DEPARTMENT MONTHL Y REPORT October 2004 457 City of La Quinta La Quinta Police Department Captain John Horton, Commanding October, 2004 Highlights (Numbers in parenthesis denotes number of calls for service that day) Friday.10-01-04 (60): 0700 hours — Deputies received information that a paintball, "Airsoft", gun war was to take place at the La Quinta Middle School on today's date. Two Deputies from W-1 were held over and assigned to maintain high visibility at the school when it opened. Sgt. Jimenez, Sgt. Taylor and Deputy Burbach followed up on several leads and interviewed approximately ten students. The investigation revealed that the paintball, "Airsoft", war was a rumor that stemmed from a fight that occurred on 09/29/04. During that fight, one of the students was found to be in possession of an "Airsoft" pellet gun. The gun was confiscated and charges filed. Other students at the school started a rumor that the two students who had previously fought were going to have a rematch, this time with "Airsoft" pellet guns. Both students were contacted and denied any intent for a rematch. "Kids With A Gun" protocol was implemented with both Lt. Ammons and the Public Information Officer being notified. This incident will be documented as a follow up to the previous battery file. 1000 hours - Deputy Burbach responded to Adams School in reference to a truancy violation / runaway involving two ten -year -old boys. The investigation revealed that Raymond Valdez, 42 years, returned home from work at approx. 0900 hours and found his son and his nephew inside watching TV. Raymond drove the boys back to school and informed the staff that the children were found at home. School staff took custody of the boys and issued them a pass to go to class. When a school staff member went to locate the boys in class to discuss their truancy they were once again found to be missing. Deputy Burbach and the boys' parents searched the local parks, contacted friends and family but were unable to locate them. The boys were entered as runaways. Watch three deputies continued to look for the boys, again checking with family and friends. At approximately 2030 hours, Valdez called to report that his son had dropped off his backpack at the house while they were out looking for him Valdez will call when the children return home. Valdez believes the boys are staying with friends for the night, fearing discipline. ** Update*** Both children returned home at 2200 hours 1900 hours - Deputy Krachman responded to the 44000 block of Marguerite in reference to an eleven -year - old female that was left alone at her home. The investigation revealed that the juvenile is left home every Friday and Saturday night. Her father Perry Scotti, 46 years, makes the juvenile cook her own food, does not allow her to use the phone and had video camera's set up around the house to ensure she does not leave the residence. Child Protective Services (CPS) was called and initially refused to respond stating that she was old enough to be at home alone. CPS finally responded after the regional supervisor was contacted. The child was taken into protective custody pending further investigation. Child neglect charges are to be filed against parents. Saturday,10-02-04 (60): Inv. Baur arrested Gary Robert Austin, 55, State of Washington resident, .16 BA, for DUI at Washington and Tampico. Sunday.l0-03-04 (47): 0500 hrs-Deputy Arredondo arrested Gerson Turcios of Coachella for public intoxication. He was found asleep in the parking lot in the shopping center at Hwy I I I and Washington St. Turcios was booked into the Indio Jail. Monday. 10-04-04 (72): 0055 hrs-Corp. Hoyt stopped a vehicle in the area of Jefferson St. and Miles Ave. and met with the driver. The driver identified himself to be Jose Fuentes of Coachella. A computer check showed Fuentes had a misdemeanor spousal abuse warrant. Fuentes was arrested and booked into the Indio Jail for the warrant. Deputy Pereyda observed a white male driving NB on Eisenhower x Sinaloa in a blue Buick Regal. Deputy Pereyda recognized the subject as Brent Standley, 25 yrs. of La Quinta, a parolee at large with a burglary warrant. Deputy Pereyda followed the vehicle as he waited for back-up units to arrive and then conducted a vehicle stop at Ave.Velasco and Calle Hidalgo. Standley sped away, then fled on foot from the vehicle and jumped a fence in the 51000 block of Ave. Velasco. A perimeter was established by La Quinta, County and Special Enforcement Bureau deputies. Standley was located in a bedroom of a residence in the 51000 block of Ave. Velasco. A loaded and stolen handgun was found in his possession. Standley was arrested for the burglary warrant, Felon in possession of afirearm, Felon in possession of ammunition, possessionof stolen property and for a "Parole Hold". Ricardo Bernal, 41 yrs. of La Quinta was arrested at the location where Standley was arrested and charged with harboring a fugitive. Tuesday.10-05-04 (61): 2035 hours — Deputies responded to a non -injury traffic collision at Avenue 52 and Jefferson. Deputy Vanderhoof arrested Stephanie Blankenship (51 years) for driving under the influence of alcohol. Her BAC was unknown at the time of arrest. Wednesday,1046-04 (53): 1015 hours - Cpl. Coleman arrested Faustino Centeno for a burglary warrant on the 65000 block of Lincoln, Mecca during a follow-up investigation. Thursday,10-07-04 (52): Deputy Zamora responded to a report of a lewd act with a child case where a thirteen -year -old male forced an eight -year -old to orally copulate him Child Protective Services was called in and will follow up. Friday,10-08-04 (64): 1020 hours- Dep. Hendry responded to a willful violation of a court order in the 58000 block of Monroe, La Quinta. Jose Pinela, 51 years, was on Jack Dukes property in violation of a valid restraining order. Pinela was arrested and booked in at the Indio Jail. Saturday.10-09-04 (71): 0220 hours — Corp. Reeves handled a DUI traffic collision on Hwy. I I I at Adams. A single vehicle crashed into the median. No injuries were sustained and city property was damaged. The driver was transported to JFK for an "OK" to book. Jerry Contreras, was booked at Indio Jail. 1120 hours - Deputy Burns arrested William Freeman for public intoxication after responding to the Ralphs shopping center in La Quinta. Upon contact, Freeman was found to be intoxicated to the point he was unable to care from himself. In recent days, deputies have responded to calls for service in both La Quinta and Coachella regarding Freeman disturbing the peace. Freeman was booked into the Indio Jail. Sunday,10-10-04 (68): 0125 hrs-Deputy I. White arrested Mark Lemmennam for public intoxication. While enroute to the Indio Jail, Lemmermann became combative and starting kicking and spitting in the rear seat. Deputy I. White sprayed Lemmermann with pepper spray in an attempt to control his violent behavior. Lemmemmm continued to kick the units right rear passenger window until the window frame and the window were bent 459 outward. Because Lemmermann was sprayed with OC, he was taken to JFK Hospital for an "OK" to book. Lemmermann was then transported to Indio Jail and booked for public intoxication, resisting arrest and vandalism The Watch Commander responded to JFK Hospital to see the condition of the damaged unit and to get the details of the incident from Deputy I. White. While at the hospital, Lemmerrnann stated that Deputy I. White had physically abused him during the arrest and demanded to file a citizens complaint. A "Citizens Complaint Report" form was given to Lemmer mane and it was explained how the form was completed. While the Watch Commander was talking with him, Lemmermann was still very intoxicated and argumentative. Deputy I. White will document the use of force in his report. While at the jail, Deputy I. White took digital photographs of Lemmermann's upper body with his shirt off. It was observed that he had minor scrapes to his left shoulder blade and on his shoulders. Monday.10-11-04 (77): 2215 hours Deputy Vanderhoof responded to a reported traffic collision in the area of Calle Monterey and Avenida Bermudas. He located the collision north of Monterey on Bermudas, a non -injury three vehicle collision. A large tree branch, which apparently had fallen from an unknown vehicle, was in the #2 NB lane and two vehicles had stopped for it. The third vehicle driven by David Manzella, 34 years of Indio, ran into the stopped vehicles. Manzella was determined to be driving while intoxicated and was booked at the Indio jail. Tuesday,10-12-04 (57): No significant activity to report. Wednesday.10-13-04 (57): No significant activity to report. Thursday,10-14-04 (52): No significant activity to report. Friday,10-15-04 (71): No significant activity to report. Saturday,10-16-04 (70): No significant activity to report. Sunday,10-17-04 (69): No significant activity to report. Mondav,10-18-04 (66): 2331 - Dep. Donivan stopped a vehicle at Eisenhower and Tampico, .LQ. During the vehicle stop, passenger Gary Ruiz was found to be in possession of marijuana. The continuing search found the driver, Michael Ledford, to be in possession of several bindles of meth (1.7 grams total), a scale, and additional marijuana. Ledford was booked for transportation, sales, furnishing, possession for sales and possession of marijuana. Tuesday,10-19-04 n: 1310 hrs - Deputy Burns and Sgt. Gnatek responded to the 50000 block of Verona, in reference to an unattended death. Upon his arrival, Dep. Burns met with Rhio Upson. Upson said that at about 1251 hrs she found Peggy Breadman deceased in the extra bedroom at her residence. Upson said she had been 4f0 Breadman's caretaker for the last several years. Breadman was very frail and was in failing health. No signs of foul play were found. The coroner was notified and authorized Breadman's body be transported to a local funeral home. Wednesday,10-20-04 n: No significant activity to report. Thursday,10-21-04 n: No significant activity to report. Friday,10-22-04 n: No significant activity to report. Saturday.10-23-04.170 : 0003 hours - Deputy Donivan responded to J.F.K Hospital in reference to a one -year -old child with injuries to her head. The child was determined to have sustained a fracture to her head. The parents of the child indicated she had fallen off a staircase located in front of their trailer the day before. The child became ill and was eventually taken to the hospital. Both parents were interviewed and their statements were consistent. The "on duty" physician, however, did not think that the injury was from a fall and during a CAT Scan a second injury to the child's skull was observed. Lt. Walker and Sgt. McManus were notified. Investigator Quintero responded to the hospital and assumed the investigation. The child was flown to Loma Linda Medical Center for additional treatment. 2000 hours - Deputy Pierce responded to an accidental shooting in the 77000 block of Hildago, La Quints. Anthony Velasquez Nunez, 25 years, was drinking with several friends in front of the residence and for unknown reasons retrieved a shotgun from his vehicle. After doing so, the weapon discharged striking him in the right thigh resulting in serious, but not life threatening, injuries. He was transported to Desert Hospital and was in surgery to repair vascular damage. Two illegal sawed off weapons were located in the vehicle, however, the weapon that caused the injuries could not be located. It was determined that one of the drinking mates left with the weapon. Lt. Walker was notified. Sunday,10-24-04 (52): 2226 Hours: Inv. Baur was "flagged down" on Calle Cadiz in the City of La Quinta by the occupants of a vehicle that felt they were being followed/chased by a DUI driver. Baur stopped the vehicle on Cadiz and spoke with the driver, Susan Briscoe 49 years, and saw that she was obviously intoxicated. As Inv. Baur attempted to get her to exit the vehicle in order to further conduct the investigation, she became violent. Deputy Wedertz responded and assisted with the arrest. As deputies attempted to hand cuff Briscoe, she was resisting and her left arm was cut by the handcuff. Briscoe was taken to JFK Hospital for an "OK to book" where she refused the DUI blood test. Photos were taken for documentation purposed and Briscoe was booked into the Indio jail for DUI and resisting arrest. Monday.10-25-04 No significant activity to report. Tuesday,10-26-04 (65): No significant activity to report. 461 Wednesday.10-27-04_I71 L 1605 hours- The La Quinta Set Team conducted a vehicle check at the La Quinta Park and made contact with Jeanette Garcia, 35 years of La Quinta, and Ramon Baca, 35 years of La Quinta. Garcia had an outstanding warrant for burglary and had a stolen credit card in her possession. The credit card was stolen from a recent residential burglary in La Quinta. She was booked for the warrant and possession of stolen property. Thursday.10-28-04 (63): 0400 hours- Dep. Burk and Cpl. Arrendondo arrested Gustavo Munoz, for trespassing at 50000 %2 Orchard (The Estancia's). Munoz lives on the 53000 block of Avenida Rubio. No vehicle was found. No signs of a break in at this time. Munoz was booked at the Indio Jail. 2214 Hours Deputy Krachman responded to a disturbance in the 52000 block of Ave. Madero, in La Quinta. Arrested was Claudine Driscoll, 27, of Palm Desert, for possession of meth, .02 grams, and marijuana, .05 grams, battery and a warrant for Violation Of Probation. Friday,10-29-04 (64): 0330 hours- Dep. Orr responded to Video Depot located at 50921 Washington and found the front door unlocked. He requested to have a responsible store employee respond to the location. The manager responded from Bermuda Dunes. When the manager arrived, he told Dep.Orr that his car had been burglarized during the night. He said his business keys and a box of new movie releases were stolen from his car. He told Dep. Orr that six cash drawers were missing and money was missing from the key type safe located in the back business office. He also said the surveillance tapes were missing from the two machines. He said the business key ring had the safe key on it also. He supplied Dep. Orr with his employee's names and the name of a recently released employee. He said there was nothing in his car to indicate he worked at the Washington Street Video Depot Store. Total loss in cash was $1,000.00. Saturday,10-30-04 (69): 0140 hours - Sgt. Allen responded to the 51000 block of Avenida Bermudas in reference to a battery in progress. When he arrived he discovered there was spousal abuse between Ilia Maldonado (25) and Kwak Myung (23) (husband/wife out of the Hemet area). Also he had two victims of an assault with a deadly weapon, beer bottle to the head. Kwak Myung and Nicholas Mikesell, (24). The suspect(s) in the assault with a deadly weapon are described only as males with no further information available. All victims did not desire prosecution. Sgt. Allen will file the spousal abuse due to the suspect's injuries. The victim sustained injuries to the head and face requiring multiple stitches. Sunday,10-31-04 (79): No significant activity to report. Total calls for service: 1655 464 LA QUINTA POLICE MOTORCYCLE ACTIVITY REPORT PROGRAM STATISTICS OCTOBER 2004 Prepared By: Deputy Dave Adams Speed Violations Fail to Yield Turning Violations Calls for service & B/U94 Red light / Stop sign Child Seat Violations 95 Lane Change Violation Seat Belt Violations DUI Arrests Misd. Arrest Felony arrest Warnings 3 Tows Injury T/C Non -Injury T/C Suspended DL Non -Moving H&S 10 0 7 1 2 0 7 45 7 9 7 0 47 4 29 0 HIGHLIGHTS 463 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT October 2004 School: La Quinta High School Deputy: Robert Brooker 16- Criminal Reports 3- Non Criminal Incidents 8- Arrests 4- DA Filings 4- YAT Referrals 0- Traffic Stop 0- Vehicle Checks 0- Pedestrian Checks School Session: October I" through October 29th, 2004 Highlights: • During this month I assisted the school staff with school related problems, and parents who are having problems with their high school age children at home. I most of those cases I referred the parents and students to the Student Assistance Program at the District Office, or conflict mediation at the school site. • I handled several cases of truancy, batteries on school grounds, lost property, and the theft of cell phones from the girl's locker room while the female students were out on the PE field and their belongings were in the locker room. • There were several counterfeit twenty -dollar bills used by students to purchase food during lunch. I mediated a civil dispute between two students over an incident that took place on a school buss. • I assisted the school staff with a sexual harassment case, and assisted Indio Police with two groups of student's toilet papering each other's houses in Indio. • I also handled a couple incidents of students in possession of marijuana, and two more in possession of cocaine at school. 464 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT OCTOBER 2004 SCHOOL: LA QUINTA MIDDLE SCHOOL Deputy: Robert Burbach COPS Grant Funded Position School Session: HIGHLIGHTS Took a report reference two missing 5th graders from Adams school. Kids returned home later that night. Sexual Battery involving 8t grade students. Male student referred to YAT. Sexual Battery occurring on school bus. Male student suspended from bus and case referred to YAT. Student in possession of marijuana. Suspended 5 days and referred to YAT. Three students issued citations for truancy. Student in possession of marijuana. Referred to YAT. Spoke with employee at Revolutions skateboard shop in the Jensens center regarding allowing school age kids to stay at his business during school hours. Theft of CD player on school bus. Student that stole it was contacted and referred to YAT. Child annoying report. Occurred in the upper cove on weekend. Info passed onto patrol and LQ SET. Spoke with 4 students about ditching their 6th period class in the wash area. 465 La Quinta Police Department Special Enforcement Team Monthly Report October., 2004 (Dep. Coleman, Dep. Olsen, Dep.Wedertz, Dep. Bolton) The following is a summary of the Special Enforcement Team activities for the month of June. **************************************************************************************************** Ongoing Investigations 6 Parole Searches 0 Vehicle checks 4 Investigation assists 6 Arrest Warrants Attempted 5 Pedestrian Checks 11 Bar Checks 3 Follow-ups 10 Meetings 6 1 Property Checks Bicycle Time Illegal Drugs Seized Surveillance's 11 0 Probation Searches 5 Arrests/ Filings 6 Business Contacts 9 Arrest Warrants Served Programs Crime Prevention Hours 140 Back-ups Search Warrants Recovered Stolen Property 3 Civil Commitments Training Hours 86 0 Total Mileage: 619 miles 3 1 16 0 2 Citations issued 0 Noteworthy Accomplishments: ♦ Arrested Jeanette Garcia 39, of 909 for felony burglary warrant out of Los Angeles County. ♦ Arrested Ramon Baca of 909 during traffic enforcement stop for 496PC-Poss of stolen property. ♦ Arrested Jesus Arrellano 17, of Indio for Burglary after follow-up investigation. ♦ Arrested Faustino Centeno of Mecca for Burglary after follow-up investigation. ♦ Arrested Robert Russell of 909 for child endangerment, booked into the Indio Jail. ♦ SET conducted surveillance on 459 suspect in the North Shore area related to 909 Burglary. ♦ SET conducted surveillance at the RadioActive store due to ongoing thefts from the business. ♦ Deputy Wedertz and Corporal Coleman attended a 40 hour course on interview and interrogation ♦ Presented by the Behavior Analysis Training Institute (BATI). 466 CITY of LA QUINTA MONTHLY COMMUNITY SERVICE OFFICER REPORT C.S.O.: Monica Santillanes C.S.O.: Thomas Fowler OCTOBER 2004 Summary of Months Activity Type of Activity Number of Incidents Burglary Investigations 12 Grand Theft Reports 4 Petty Theft Reports 8 Vandalism/Malicious Mischief Reports 8 Vehicle Theft or Recovery Reports 6 Traffic Collision Response 14 Vehicle Code or Parking Citations 13 Abandoned Vehicles Tagged w/ Warning 14 Towed Vehicles 2 Lost or Found Property Reports 9 Area Checks /LQ Skate Park/Laborers 22 Follow Up to Previous Cases 3 Custodial and Non -Custodial Transports 2 Miscellaneous Calls 6 467 City of La Quinta Community Oriented Policing Office and Volunteers Report October, 2004 Highlights: • The volunteer program presently has fourteen volunteers who have finished training and are assisting in many capacities in the La Quinta CPO. • One additional applicant is in the background process. • Three volunteers are now entering all La Quinta traffic and parking citations, and one enters the traffic collisions into the system from the COPS Office. Two volunteers are assisting with weapons identification on a computer at the CPO. One volunteer is assisting with Statistics. A volunteer is assisting in Logistics and one in Property in addition to their staffing duties. • We are cross training our volunteers so we will be able to interchange responsibilities when necessary. • Four volunteers have started a 13 week course with the Palm Springs Police Department in their Citizen's Police Academy. This is in preparation for a patrol program which we hope to begin in 2005. Volunteer Hours and Monthly CPO Stats Monthl YTD Totals 4103 to Present Hours 321 2543.5 4212.5 Visits 158 1370 2652 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT INDIO STATION 82695 Dr. Carreon Blvd. Indio, California 92201 October 2004 Explorer Post 503 Program Report Submitted by Explorer Post Advisor Andy Gerrard Training meetings were held on October 6, 13, 20 and 27. The meetings covered report writing, bicycle patrol, drill & marching instruction, physical training, gang presentation and 10/11 Code review. I coordinated the report writing, bicycle patrol, physical training and 10/11 Code review. Deputy Ryan Monis did an excellent job on the gang presentation. Deputy Manny Alvarado led the drill and marching instruction. On October 6, two U.S. Marines, Marion Yocom and Pedro Lopez (former Post 503 members) assisted with the drill and marching training. Yocom and Lopez recently returned from active duty assignments in Iraq. The two Marines talked to Post 503 members about how the Explorer Post 503 program training helped them become successful U.S. Marines. Several Explorer Post 503 Explorers volunteered during the following events during October: 1. Riverside County Sheriffs Department Finding Our Way Together Youth Camp in Forest Falls, 2. Health fair at Veteran's park in Coachella, and 3. Riverside County Sheriff's Department picnic in Beaumont. The Explorers did great jobs during the 3 volunteer assignments. On October 13, Vanessa Duenas, Alexis Vasquez , Edgar Galarza and I received City of Coachella Certificates of Appreciation for generous contributions during the September 25, 2004 City of Coachella "Community Clean -Up Day." CITY OF LA Q UINTA CRIME STATISTICS SUMMARY SEPTEMBER 2004 rijHi CITY OF LA QUINTA SEPTEMBER CRIME COMPARISONS CRIME SEPTEMBER 2004 SEPTEMBER 2003 YTD (04) YTD (03) HOMICIDE 0 1 1 2 RAPE 1 1 8 8 SEX CRIMES (FEL) 3 3 13 12 SEX CRIMES SD 2 0 10 7 ROBBERY 3 1 17 15 ASSAULT (FEL) 0 7 63 72 ASSAULT QVIISD 24 24 140 156 BURGLARY 47 54 567 516 VEHICLE THEFT 13 5 122 88 THEFT FEL 19 13 215 200 THEFT SD 39 28 407 292 VANDALISM ISD 22 14 235 240 DOM. VIOLENCE 7 17 97 110 NARCOTICS 5 6 96 57 DID 4 8 79 64 T/C NON -INJURY 35 28 301 249 T/C INJURY 7 0 46 26 T/C FATAL 0 0 0 2 TRAFFIC CITATIONS 164 259 2907 2633 STATISTICS DO NOT INCLUDE ATTEMPTS 471 M O� O M M O lz a Q Q c ml w a A 4'7 0 NN N W u N 1n a � ,R M.1 a m N Q a � N � U 00 00 w a a� N w 8 O M N O � to dam' 473 � rA � A w c7 w w El El a �e I Y V^ � a Q � o O Q A � 474 et M O O a� a� ■ H U a 0 0 U O U O w �z q' N O w �o N rml r=4 roo ro rw� 475 O O a� a� �l �I d U d O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 476 'd' M O O O O N N ■ U e Ua�] r•l e O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N �■-I r■I �■-� rl 477 et M O O w w ■ o t CITY OF LA QUINTA DISPATCH INFORMATION / SEPTEMBER 2004 TYPE OF CALL RESPONSE TIIMIE S NUMBER OF INCIDENTS EMERGENCY 0 0 ROUTINE 9.9 1177 *STATS TAKEN FROM RIVERSIDE CO. SHERIFF'S DATA WAREHOUSE AVERAGE. RESPONSE TIME REPORT 479 0100, ra sep 12am 4 OF ,tip COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Continued Public Hearing to Adopt Resolutions of the City Council to Certify a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2004-513; Specific Plan 2004-072 to Establish Design and Development Principles; and Tentative Tract Map 32398 for the Subdivision of ± 110.9 Acres into 392 Single -Family Lots, a 10-Acre Commercial Lot and Miscellaneous Lots, for the Property Located at the Northeast Corner of Monroe Street and Avenue 60. Applicant: Robert Schumacher RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2004-513; and Adopt a Resolution establishing design and development principles for Specific Plan 2004-072; and Adopt a Resolution approving Tentative Tract Map 32398 subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: This project was presented to the Planning Commission on September 14, 2004. At that meeting the Planning Commission expressed concerns about the format of the Specific Plan and requested the applicant revise the document prior to the City Council taking action on the project. The site is f 1 10.90 acres in size and located at the northeast corner of Avenue 60 and Monroe Street (Attachment 1). This site was part of the larger original Coral Mountain Specific Plan Area. The proposed Specific Plan will disassociate itself from the Coral Mountain Specific Plan and have a stand-alone document that provides development standards for the project. The Specific Plan development criteria are discussed in more detail below. The applicant proposes to subdivide t 110.90 acres into a private gated community consisting of 392 single-family lots, a separate ten -acre commercial lot, and miscellaneous lots (Attachment 2). The residential lots range in size from 5,853 to 10,356 square feet. The proposed lots meet the 5,000 square foot minimum lot size requirement in the Medium Density Residential zone district. The residential units will vary from one to two stories, with two to three bedrooms and range from 2,100 to 2,700 square feet in size (Attachment 3) . The applicant also proposes open space and retention areas that will provide recreational opportunities for residents. Approximately 16 acres are dedicated to open space to promote active recreation in the forms of volleyball and basketball, while informal turf areas will provide passive recreational uses. The applicant also proposes approval of a Specific Plan to establish development standards that vary from the development standards in the Zoning Code. The drawings in the Specific Plan are conceptual only and are shown to demonstrate the layout of the project in relation to the proposed development standards. The applicant will be required to submit a separate Site Development Permit application for the residential units. The Architecture & Landscaping Review Committee and Planning Commission will review the residential units. This project proposes a Neo-Traditional village design concept that encourages 20 to 35 foot street widths to accommodate a variety of housing types. Varying front and rear setbacks are proposed to provide visual relief to the streetscape. Some homes will have the required 20 foot minimum front yard setback, with enclosed front yard courtyards (Exhibit 6 & 8 of the Specific Plan). Rear yards sizes may allow swimming pools. Other units will have reduced rear yard setbacks of 6 foot minimums with rear garage access (Exhibit 7 & 9 of the Specific Plan). The rear yards to these units will have six-foot high garden walls with the possibility of also having swimming pools. The table below presents the requested deviations of the Zoning Code for the residential component: Oat ": 481 Residential Development Standards Existing Medium Density Residential (MDR) Zone Proposed Specific Plan Maximum Building Height 28 ft. 28 ft. Maximum Number of Stories 2 2 Minimum Living Area Per Unit 1,500 s . ft. 2,100 s . ft. Minimum Lot Frontage 50 ft. 60 ft. Minimum Lot Size 5,000 sq. ft. 5,800 s Minimum Lot Coverage .50 .50 Minimum Front Setback to Garage Door 20 ft. 20 ft. Minimum Front Setback to Living Area 20 ft. 12 ft. Minimum Front Setback to Patio Areas None 4 ft. Minimum Side Yard Setback — Interior Lots 5/5 ft. 5/5 ft. Minimum Side Yard Setback — Corner Lots 5/10 ft. 5/10 ft. Minimum Rear Yard Setback — Standard 20 ft. 15 ft. Minimum Rear Yard Setback to Garage w/Rear Lane Access 0 6 ft. Minimum Height of Garden P/L Walls 6 ft. 6 ft. Minimum Rear Lane Access Width 28 ft. 20 ft. Minimum Front Access Street Width w/Parallel Parking on Both Sides 36 ft. 32 ft. * * Parking on one side only The architectural design will emulate the Early California style. Design materials include stucco walls with soft rounded corners, ledger stone veneer, exposed wooden beams, French doors and windows, Spanish tile roofs, with accents of wrought iron gates and trim. The applicant is also requesting development criteria for the commercial component. It is envisioned that the commercial property will be developed by another applicant at a future date. The current applicant shows a conceptual layout of the site; however, this will require additional analysis based on the actual project layout when it is processed for review. The Specific Plan sets forth design principles and development standards for the future commercial center. The major building mass is located along the northern portion of the site with a series of smaller village scaled buildings. Variations in roof heights and building fagade depths will provide an undulating building profile. The architectural design will be compatible with the residential component emulating the Early California style and will use similar materials as those for the residential component. Sidewalks will provide pedestrian circulation and connect the neighborhood to the future commercial component. Street parking on the wider streets are proposed on one side only. The Zoning Code requires one enclosed two -car garage for every 003 S:\CityMgr\STAFF REPORTS ONLY\PH 1 TTM 32398.doc 482 single-family home, plus 0.5 spaces per unit if no on -street parking is available. The applicant proposes an enclosed two -car garage for every unit. Those units that have a twenty foot front yard setback for the garage can also use the driveway to provide two additional spaces for a total of four spaces. The units that have rear garage access would utilize the street parking. The Zoning Code requires parallel parking to be a minimum of nine feet by twenty-four feet. The 35-foot wide streets would provide sufficient space to accommodate parallel parking on one side for those units that have rear garage access. With 392 units proposed, the additional parking demand would be 196 spaces. Based upon approximately 13,000 linear feet of available curb side parking area, approximately 540 spaces can be provided for street parking. Vehicular access is provided via Monroe Street and Avenue 60. Monroe Street runs along the western boundary and Avenue 60 along the southern boundary of the project site. Primary vehicular access to the residential area is provided via Monroe Street, approximately 1,150 feet north of Avenue 60 and secondary access via Avenue 60 near the southeast corner of the property. Private roadways are proposed within the development, which will provide access to the residential lots, recreational lots and open spaces. Vehicular access to the commercial site is provided via Monroe Street and Avenue 60, by two access points on Avenue 60 and one on Monroe Street. This project component will be processed under separate permits. The table below presents the development standards, .including requested deviations of the Zoning Code for the commercial component: Commercial Development Standards Existing Proposed Neighborhood Specific Plan Commercial (NC) Zone Maximum Building Height 35 ft. 35 ft. Maximum Number of Stories 2 2 Minimum Perimeter Building/Landscape 30/20 ft. 30/20 ft. Setbacks* Minimum Parking 1 /250 sq. ft. 1 /250 sq. ft. Gross Floor Area Gross Floor Area Maximum Lot Coverage (Floor Area Ratio) .25 .25 Minimum Interior Side Yard Setbacks 0 ft. 5/10 ft. Maximum Common Wall Hei ht* * 6 ft. 8 ft. Maximum Perimeter Wall Height (remainder 6 ft. 6 ft. of site) * - From residential districts, PR and OS districts, setbacks shall be JU/15. * * - Wall separating the residential uses from the commercial use. Construction to be masonry units or equal with stucco finish on both sides. S:\CityMgr\STAFF REPORTS ONLY\PH 1 TTM 32398.doc w 004 483 In reviewing the standards for the commercial component, the development standards are essentially similar to the Zoning Code. The only deviations from the Zoning Code involve interior side yard setbacks and common wall height (see table above). Staff supports these requests in that they are minor deviations from the Zoning Code. The interior side yard setbacks would allow more open space between buildings for pedestrian use and the common wall height would help buffer commercial activities from the residential area. Environmental Review The La Quinta Community Development Department has completed Environmental Assessment 2004-513; based upon this assessment it has been determined that although the proposed project could have a significant adverse impact on the environment. However, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, and therefore, a Mitigated Negative Declaration of Environmental Impact is recommended for certification. Planning Commission Action At the September 14, 2004 meeting the Planning Commission reviewed this project and voted 4-1 (one Commissioner absent), to recommend that the City Council approve Environmental Assessment 2004-513, Specific Plan 2004-072 and Tentative Tract Map 32398 by adopting Resolutions 2004-65, 2004-066 and 2004-067, respectively, subject to Findings and Conditions of Approval. Public Notice This project was advertised in the Desert Sun newspaper on September 24, 2004, and mailed to all property owners within 500 feet of the site. To date, no letters have been received from adjacent property owners. Any written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES Findings necessary to approve Specific Plan 2004-072 and Tentative Tract Map 32398 can be made and are contained in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2004-513; and Adopt a Resolution establishing design and development principles for Specific Plan 2004-072; and Adopt a Resolution approving Tentative Tract Map 32398 to subdivide 110.9 acres into 392 single-family lots, a ten -acre commercial lot and miscellaneous 84 S:\CityMgr\STAFF REPORTS ONLY\PH 1 TTM 32398.doc 1 00 lots for property located at -the northeast corner of Monroe Street and Avenue 60, subject to Findings and Conditions of Approval; or 2. Do not adopt the Resolutions approving the project; or 3. Provide staff with alternative direction. Respectfully submitted, It Oscar Orci, Interim Community Development Director Approved for submission by: • 0 Thomas P. Genovese, City Manager Attachments: 1. Site Location Map 2. Tentative Tract Map 32398 3. Specific Plan document S:\CityMgr\STAFF REPORTS ONLY\PH 1 TTM 32398.doc RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR TENTATIVE TRACT MAP 32398. CASE NO.: ENVIRONMENTAL ASSESSMENT 2004-513 APPLICANT: ROBERT SCHUMACHER WHEREAS, the City Council of the City of La Quinta, California, did, on the 16th day of November, 2004, hold a duly noticed Public Hearing to consider a request by Robert Schumacher for certification of Environmental Assessment 2004-513 for Tentative Tract Map 32398 to subdivide ± 110.90 acres into 392 single-family lots, a ten acre commercial lot and miscellaneous lots, generally located at the northeast corner of Monroe Street and Avenue 60, more particularly described as follows: APNs: 764-240-002, 003, 004 & 005 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14" day of September, 2004, hold a duly noticed Public Hearing to consider a request by Robert Schumacher to certify a Mitigated Negative Declaration, to subdivide ± 110.90 acres into 392 single-family lots, a ten acre commercial lot and miscellaneous lots; and, WHEREAS, the Planning Commission adopted Resolution 2004-067 recommending to the City Council certification of Environmental Assessment 2004- 513 for Tentative Tract Map 32398 and Specific Plan 2004-067; and, WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Environmental Assessment 2004-513, and has determined that although the proposed project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, and therefore, a Mitigated Negative Declaration of Environmental Impact is recommended for certification; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following findings to justify certification of said Environmental Assessment: 486 007 City Council Resolution No. 2004- Environmental Assessment 2004-513 Robert Schumacher November 16, 2004 1. The proposed project will not be detrimental to the health, safety, or general welfare of the community, either indirectly or directly, in that mitigation measures have been imposed on the project that would reduce impacts to less than significant levels. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory in that the project site has been conditioned to mitigate impacts to biological and cultural resources to less than significant levels. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends in that the Environmental Assessment did not identify any wildlife resources on the site. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as significant effects on environmental factors will be reduced to less than significant levels as identified in the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project in that the site will be developed consistent with the existing land use designations under the General Plan. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly, in that the Environmental Assessment did not identify any significant impacts which would affect human health, risk potential, or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment in that mitigation measures have been imposed on the project that will reduce impacts to a less than significant level. • R s - CC 11-16-04\TTM 32398 Schumacher= RESO EA 04 513.doc 487 P.\ eport \ 008 City Council Resolution 2004- Environmental Assessment 2004-513 Robert Schumacher November 16, 2004 8. The City Council has considered Environmental Assessment 2004-513 and said Assessment reflects the independent judgment of the City. 9. The City has, on the basis of substantial evidence, rebutted, the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California, 92253. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2004-513 for the reasons set forth in this Resolution and, as stated in the Environmental Assessment Checklist on file in the Community Development Department and attached hereto. 0 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of November, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California P:\Reports - CC\1 1-16-04\TTM 32398 Schumacher\CC RESO EA 04 513.doc 488 U.,U City Council Resolution 2004- Environmental Assessment 2004-513 Robert Schumacher November 16, 2004 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\Reports - CC\1 1-1 6-04\TTM 32398 Schumacher= RESO EA 04 513.doc 010 MEE Environmental Checklist Form 1. Project title: Specific Plan 04-072, Tentative Tract Map 32398 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Martin Magana 760-777-7125 4. Project location: Northeast corner of Avenue 60 and Monroe Street APN: 764-240-002, -0031 -0049 &-005 5. Project sponsor's name and address: Robert Shumaker 2995 Woodside Road, #400 Woodside, CA 94062 6. General Plan Designation: 10 acres 7. Zoning: 10 acres Neighborhood Neighborhood Commercial, 100 acres Medium Commercial, 100 acres Medium Density Residential Density Residential 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Specific Plan to establish the development standards and guidelines for a 10 acre neighborhood commercial shopping center at the northeastern corner of Monroe Street and Avenue 60, as well as a total of 392 single family homes and open space on the remaining 100 acres. The Specific Plan includes narrow private streets, back yard lanes with garage access, a 1.2 acre park, and a series of central retention basin/common area open space areas. Building heights are proposed to average at 22 feet, with a maximum of 28 feet. The neighborhood commercial component of the project would allow up to 108,900 square feet of commercial retail space within the 10 acre site. A Tentative Tract Map to subdivide 110 acres into the 10 acre commercial lot, 392 single- family lots, and miscellaneous lots. Minimum lot size is proposed to be 6,000 square feet with an average lot size of 6,600 square feet. 9. Surrounding land uses. and setting: Briefly describe the project's surroundings: North: Vacant (Low Density Residential, Medium Density Residential, Neighborhood Commercial) South: Avenue 60, Vacant Desert, Agriculture (Low Density Residential w/Agriculture/Equestrian Overlay, Medium High Density Residential, Golf Course) West: Monroe Street, (Low Density Residential, Golf Course) .011 -1- 490 East: Vacant Desert (Low Density Residential w/ Agriculture/Equestrian Overlay) 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District -2- 012491 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Agriculture Resources Air Quality Cultural Resources Geology /Soils Hydrology / Water Land Use / Planning Quality Noise Population / Housing Recreation Transportation/Traffic Mandatory Findings of Significance Systems DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the X environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described. on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. C //__ August 27, 2004 Signature Date 013 -3- 492 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 014 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance 015 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-d) Neither Monroe Street nor Avenue 60 are designated Image Corridors in the General Plan. The site is relatively flat, and does not contain any significant landforms. The site is some distance from both the surrounding mountains, and proposes structures which will not exceed 28 feet. The project will not have a significant impact on scenic vistas. The primary source of light and glare at the site will be automobile headlights. The residential portion of the project will have limited lighting in landscaping. The commercial corner will have parking lot lighting. The City regulates lighting levels through the Dark Sky Ordinance and does not allow lighting to spill over onto adjacent property. Impacts will not be significant. 016 -6 495 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would theproject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map) II. a)-c) Agricultural activity has occurred both on and around the site. A nursery occurs north of the site. There are no known Williamson Act contracts on the property. The area is designated in the General Plan for Medium Density Residential and Neighborhood Commercial land uses, and is on the edge of the urbanized area of La Quinta. The area is a mix of vacant desert lands and agriculture. Although the area has in the past been active for agriculture, the land use designations on the site, its location within City limits, and in the urbanizing portion of the City, make the site unsuitable for long term cultivation. Impacts to agricultural resources are expected to be less than significant. 017 496 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or. projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) III. a), b) & c) The largest contributors to air quality impacts in the City are vehicular emissions and blowing particulate matter. The proposed project will generate up to 392 single family homes, and a neighborhood commercial shopping center of up to 108,900 square feet. The traffic report prepared for the proposed project estimated that the project site at build -out would generate up to 10,769 trips per day (ADT)l. Based on this traffic generation, and an average trip length of 15 miles, the following emissions can be expected to be generated from the project site. 1 "Northeast Comer of Monroe Street at Avenue 60d' Focused Traffic Review," prepared by RK Engineering, March, b1l -8- 497 Moving Exhaust Emission Projections at Project Buildout (hounds Der dav) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 10,769 x 15 = 1611,535 PM10 PM10 PM10 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 mph 14,538.15 377,991.90 77,536.80 - 13,615.35 15615.35 Pounds at 50 mph 32:09 834.42 171.16 - 3.57 3.57 SCAQMD Threshold (lbs./day) 75 550 100 150 Assumes 10,769 ADT. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75°F, light duty autos, catalytic. The Table shows that the proposed project, at build -out, will exceed SCAQMD's recommended daily thresholds for carbon monoxide and oxides of nitrogen. The project is consistent with the land use designations placed on the site in the General Plan, however. During the environmental analysis for the General Plan, the City found that the impacts associated with air quality at build -out of the General Plan were offset by the benefits associated with build -out of the Plan, and a Statement of Overriding Considerations was prepared. The EIR included a number of mitigation measures which will be applied to this project. Impacts associated with air quality will also improve as vehicle technology improves, and the impacts above are likely to be conservative. The City and Coachella Valley are a severe non -attainment area for PM10 (Particulates of 10 microns or less). The Valley's 2002 PM10 Plan adopted much stricter measures for the control of dust both during the construction process and during project operations. These include the following, to be included in conditions of approval for the proposed project: CONTROL MEASURE TITLE & CONTROL METHOD BCM4 Further Control of Emissions from Construction Activities: Watering, chemical stabilization, wind fencing, re -vegetation, track -out control. BCM-2 Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, re -vegetation. BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, re -vegetation. BCM-4 Paved Road Dust: Minimal track -out, stabilization of unpaved road shoulders, clean streets maintenance. The proposed project will generate dust during construction. Under mass grading conditions, this could result in the generation of 2,904 pounds per day, for a limited period while grading operations are active. This calculation assumes that the entire site is -9- 019 ME: to be graded at once. Given the varied land uses and the size of the residential component of the site, it is likely that grading will be completed in phases. Impacts associated with dust are therefore expected to be lower. The contractor will be required to submit a PM 10 Management Plan prior to initiation of any earth moving activity. In addition, the potential impacts associated with PM10 can be mitigated by the measures below. l . Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Cut and fill shall be balanced on site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on -going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Any area which remains undeveloped for a period of more than 30 days shall be stabilized using either chemical stabilizers or a desert wildflower mix hydroseed on the affected portion of the site. 8. Landscaping on Monroe and Avenue 60 will be completed during the first phase of earthmoving activities, as will the project's perimeter wall. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean-up of construction - related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour Implementation of these mitigation measures will ensure that impacts associated with PM 10 are mitigated to a less than significant level. III. d) & e) The project will consist of residential units and smaller commercial businesses. It is not expected that objectionable odors will result from any of these land uses. 020 _ 10- 499 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service (Letters dated March 16 and June 9, 2004, LSA Associates) b) Have a substantial adverse effect on any X riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Letters dated March 16 and June 9, 2004, LSA Associates) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Letters dated March 16 and June 9, 2004, LSA Associates) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Letters dated March 16 and June 9, 2004, LSA Associates) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan MEA, p. 73 ff.) f) Conflict with the provisions of an adopted Habitat Conservation Plan, X Natural Community Conservation Plan, or -11- •�00 other approved local, regional, or state habitat conservation plan? (General Plan Exhibit 6.3) IV. a)-f) Habitat Assessments were prepared for the site for the Burrowing Owl and for Coachella Valley Round -Tailed Ground Squirrel2, the two species of concern identified as having potential to occur on the site. Both surveys were negative. The disturbed nature of the property, as well as the agricultural activity on surrounding parcels, and the two roadways on two sides of the project site, make the site unsuitable for these species. The project site is located outside the boundary of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. Impacts to biological resources are expected to be insignificant. 2 Letter dated March 16, 2004 for burrowing owl, and June 9, 2004 for Coachella Valley round -tailed ground squirrel, signed Lisa Ann Philhower, LSA Associates. 022 -12- 501 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in X the significance of a historical resource as defined in Section 15064.5? (Archaeological Mitigation and Data Recovery Report ... CRM Tech, April 2004) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to Section 15064.5? (Archaeological Mitigation and Data Recovery Report ... CRM Tech, April 2004) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (Paleontologic Resources Assessment... CRM Tech, April 2004) d) Disturb any human remains, including x those interred outside of formal cemeteries? (General Plan MEA p. 123 ff.) V. a)-b) & d) Phase I and Phase H cultural resource investigations were completed for the proposed project site3. The Phase I analysis, completed in 1998, identified and catalogued a potentially significant site (CA-RIV-5158) on the southern half of the site. As a result, a Phase II recovery was undertaken. The recovery was completed between 2/04 and 3/04. The recovery yielded ceramic sherds, stone debitage and portions of tools, milling tools, fire affected clay, charcoal, animal bone and manuport items. Artifacts were found at depths of up to 80 centimeters. Although a number of artifacts were recovered from the site, others may still occur within the boundaries of CA-RIV-5158. The loss of artifacts would represent a potentially significant impact. In order to mitigate this potential impact, the following mitigation measure shall be implemented: 1. A qualified archaeological monitor shall be present during all earth moving and grading activities. The monitor shall be empowered to stop or redirect activities on the site should a resource be identified. A final report shall be filed with the Community Development Department prior to issuance of a certificate of occupancy for the first house on the project site. 3 Archaeological Mitigation and Data Recovery Report, prepared by CRM Tech, April 2004 023 -13- 50P V. c) A paleontologic survey was prepared for the proposed project site 4. The study found that the project site is within the historic lake bed of ancient Lake Cahuilla. The study further found mollusk shells on the project site. Development of the site could result in significant impacts to paleontologic resources without mitigation. In order to assure that these potential impacts are mitigated to a less than significant level, the following mitigation measures shall be implemented. 1. A surface collection of mollusks shall be completed prior to initiation of any earth moving activity on the project site. 2. A paleontologist shall be present on site during all earth moving and trenching activities in areas of undisturbed lakebed soils. The paleontologist shall be empowered to stop or redirect earth moving activities to adequately investigate potential resources. The paleontologist shall be required to submit to the Community Development Department, for review and approval, a written report on all activities on the site prior to occupancy of the first building on the site. 4 "Paleontological Resources Assessment Report," prepared by CRM Tech, April 2004. 024 -14- 503 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Prelim. Geotechnical Investigation, Medall, Aragon, May 2004) ii) Strong seismic ground shaking? X (Prelim Geotechnical Investigation, Medall, Aragon, May 2004) iii) Seismic -related ground failure, X including liquefaction? (Prelim. Geotechnical Investigation, Medall, Aragon, May 2004) iv) Landslides? (Prelim. Geotechnical X Investigation, Medall, Aragon, May 2004) b) Result in substantial soil erosion or X the loss of topsoil? (Prelim Geotechnical Investigation, Medall, Aragon, May 2004) d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property (Prelim Geotechnical Investigation, Medall, Aragon, May 2004) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) 025 -15- 504 VI. a)-e) A geotechnical study was completed for the proposed proj ect5. The geotechnical analysis found that the site is not subject to ground rupture, landslides, expansive soil or seiche. The study did find, however, that the site is subject to strong ground acceleration during seismic events. The City implements the Uniform Building Code standards for seismically active areas, which will assure that all construction on the project site is able to sustain a significant earthquake. The geotechnical study found a high hazard for liquefaction on the site, due to high groundwater and soil types on the site. The study found that without mitigation, soils on the site would be likely to be subject to settlement and lateral spreading. In order to mitigate this potential impact, the study requires the following mitigation measures: l . The entire project site shall be considered a special foundation zone. Special foundations may include deep pile foundations bearing on non -liquefiable materials, or post -tensioned or other stiffened foundation -slab designs such as rafts or mats. 2. All fill on the property shall consist of engineered fill. Undocumented fill and backfill shall be removed. 3. Minimum anticipated soil stripping shall range from 4 to 7.5 feet, and shall occur as recommended by the project geologist and approved by the City Engineer, following the preparation of final geotechnical analyses. 4. Engineered fill is expected to be required to a depth of at least 5 feet. Final determinations shall be made by the project geologist and approved by the City Engineer, following the preparation of final geotechnical analyses. With implementation of these mitigation measures, the impacts associated with geology are expected to be less than significant. 5 "Preliminary Geotechnical Investigation, Sandal Beach Project," prepared by Medall, Aragon Geotechnical, M&v 2004. 026 -16- 5 05� Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would the project: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (General Plan MEA, p. 95 ff.) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (General Plan MEA, p. 95 ff.) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (General Plan MEA, P. 95 ff.) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or X physically interfere with an adopted -17- 027 506 emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The residential component of the project is not expected to result in any significant impacts relating to hazardous materials. The City implements Household Hazardous Waste programs through its trash hauler, which are designed to provide for safe disposal of hazardous substances generated in the home. Impacts are expected to be negligible. Any commercial enterprise which might locate in the neighborhood shopping center, and which would use or store hazardous materials, would be regulated by county, state and federal agencies, whose regulations are designed to mitigate for the potential impacts. These regulations will assure that impacts are reduced to a less than significant level. -18- 507 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VH1. HYDROLOGY AND WATER UALITY -- Would theproject: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff. c) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (General Plan EIR p. III-187 ff.) d) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (General Plan EIR p. III-187 ff.) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (General Plan EIR p. III-187 ff.) f) Place housing within a 100-year flood X A A it -19- U4U 1: hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (General Plan EIR p. III- 187 ff.) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a) & b) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The development of the site will result in the need for domestic water service use for domestic use, commercial uses, and for landscaping irrigation. The CVWD has prepared a Water Management Plan which indicates that it has sufficient water sources to accommodate growth in its service area. The CVWD has implemented or is implementing water conservation, purchase and replenishment measures which will result in a surplus of water in the long term. The project proponent will be required to implement the City's water efficient landscaping and construction provisions, including requirements for water efficient fixtures and appliances, which will ensure that the least amount of water is utilized within the homes. The applicant will also be required to comply with the City's NPDES standards, requiring that potential pollutants not be allowed to enter surface waters. These City standards will assure that impacts to water quality and quantity will be less than significant. VIII. c) & d) The City requires that all projects retain the 100 year storm on site. The proposed project includes a series of retention areas which are proposed to carry storm flows through the site. These retention areas will be required to be sufficient to accommodate the 100 year flood flows. The City Engineer will also review and approve hydrology and hydraulic analyses prior to the issuance of grading permits. Impacts associated with storm water drainage are therefore not expected to be significant. VIII. e)-g) The site is not located in a flood zone as designated by FEMA. 1: 030 -20- 509 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IC. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) IX. a)-c) The project site is designated Medium Density Residential and Neighborhood Commercial in the General Plan. The proposed project is consistent with this designation. The project will represent a logical extension of the urbanizing land pattern in the City, and will provide a different type of housing and commercial uses to area residents. The project site is not within the boundary of the mitigation fee for the Coachella Valley -Fringe-toed Lizard Habitat Conservation Plan. There will be no impacts to land use and planning. -21- 03 ]. 514 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The proposed project site is within the MRZ-1 Zone, and is therefore not considered to have potential for mineral resources. 032 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Prelim. Acoustical Study, RK Engineering, June 2004) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (Prelim. Acoustical Study, RK Engineering, June 2004) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (Prelim. Acoustical Study, RK Engineering, June 2004) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (Prelim Acoustical Study, RK Engineering, June 2004) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) A noise study was prepared for the proposed proj ect6. The noise study found that long term exterior noise levels would exceed City standards for lots located adjacent to both 6 "Tentative Tract 32398 Preliminary Acoustical Study," prepared by RK Engineering Group, June 2004. Q 33 -23- 51 Monroe Street and the north side of the commercial center site. The report also found that these exceedances can be mitigated through the construction of walls. In order to assure that noise levels at the site meet the City's standards, therefore, the following mitigation measures shall be implemented: 1. A 6 foot block or similar decorative wall shall be installed along the entire frontage of the project site on Monroe Street. The wall shall not have any breaks or openings. 2. A 6 foot block or similar decorative wall shall be installed along the rear property lines of lots 365 through 372, inclusive. The wall shall not have any breaks or openings with the exception of a pedestrian path connecting the residential area to the commercial site. 3. At a minimum, STC 25 windows shall be installed on the following units: Lots 1, 2% 303, 359-363 inclusive, 268-284 inclusive, and 365-372 inclusive. These units shall also be provided a mechanical ventilation system which allows the homes to maintain a "windows closed" condition. Implementation of these mitigation measures will assure that the impacts associated with long term noise levels at the site are mitigated to less than significant levels. The construction of the proposed project will result in temporary and periodic noise increases due to construction equipment. The site, however, is bounded by streets on two sides and by vacant or agricultural lands on the other two sides. There are no sensitive receptors located immediately adjacent to the site. It is therefore expected that impacts from construction noise at the project site shall be less than significant. If the residential project is constructed first, and the neighborhood commercial site is constructed once homes are occupied, there is a potential for significant construction noise impacts to these homes. Should this condition occur, the following mitigation measure shall be implemented: 1. If the neighborhood commercial center is constructed after occupancy of any of the residential units adjacent to the commercial property boundary, a noise analysis and associated recommendations for construction noise mitigation shall be prepared prior to issuance of grading permits on the site. The analysis shall include specific mitigation to reduce potential impacts to adjacent residences to less than significant levels. The project site is not located in an airport land use plan area, or near an airstrip. 034 -24- 513 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The proposed project will create up to 392 single-family homes and up to 108,900 square feet of commercial retail space. The project is consistent with the General Plan and Zoning designations for the property, and represents a logical extension of the urbanizing pattern in the City. The site is currently vacant, and will not displace any housing or people. Impacts associated with population and housing are expected to be negligible. -2s- 035514 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a) Build -out of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Build -out of the proposed project will generate sales and property tax which will offset the costs of added police and fire services, as well as the costs of general government. The project will be required to pay the mandated school fees and park in lieu fees in place at the time of issuance of building permits to reduce the impacts to those services. 036 -26- 515 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The project proponent will be subject to park in lieu fees for the provision of recreation facilities throughout the City.. In addition, the project includes a park site, as well as open space and retention areas for the open recreational use of residents. No impact is expected as a result of the proposed project. 037 -27- 516 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Focused Traffic Review, RK Engineering, March 2004) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Focused Traffic Review, RK Engineering, March 2004) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Focused Traffic Review, RK Engineering, March 2004) e) Result in inadequate emergency X access? (Focused Traffic Review, RK Engineering, March 2004) f) Result in inadequate parking capacity? X (TTM 32398) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) The residential component of the proposed project will take access from both Avenue, 60 and Monroe Street. The commercial center is proposed to have two access points on Avenue 60, and one on Monroe Street. A traffic impact analysis was prepared for the proposed project. The analysis found that the project site has the potential to generate up to 10,769 daily trips at build -out of both the residential and commercial components. The study also recommends improvements to the circulation system, based on the projected access configuration for the site. It was assumed that the residential access on Monroe, and the central access to the commercial site on Avenue 60 would have full -turn access points. The residential access on Avenue 60, and the commercial access on Monroe would have right -in -right -out access only. In order to assess the safety of the access points, the analysis included review of the City's policies for deceleration lanes. The analysis found that in order to accommodate project traffic and turning movements, deceleration lanes would be required. Finally, the analysis included a review of the proj ect's impacts on the intersections of Monroe with Avenue 54 and Avenue 58. The analysis concluded that the background plus project traffic volumes at these intersections would warrant signalization. In order to assure that traffic flow in the vicinity of the project site operates within acceptable levels of service, therefore, the following mitigation measures will be implemented: 1. The project proponent .will participate in fair share contributions for signalization of Monroe/Avenue 54 and Monroe/Avenue 58 when warranted. 2. Right turn deceleration lanes shall be installed at project driveways on Avenue 60. 3. A left turn deceleration lane shall be installed at the full access point on Avenue 60. 4. A left turn .deceleration lane shall be installed at the full access point on Monroe Street. Implementation of these mitigation measures will assure that project traffic impacts are reduced to less than significant levels. The project does not include unsafe designs, and has sufficient emergency access. On site parking will be regulated by the City's Zoning Ordinance and the provisions of the Specific Plan. 7 "Monroe Street and 60`h Avenue Focused Traffic Review," prepared by RK Engineering Group, March 2004. 29 039 518 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project=s projected demand in addition to the provider=s existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project=s solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) OCT -30- 5 13 XVI. a)-g) Utilities are available at the project site. The service providers for water, sewer, electricity and other utilities have facilities in the immediate vicinity of the site, and will collect connection and usage fees to balance for the cost of providing services. The construction of the proposed project is expected to have less than significant impacts on utility providers. 041. -31- 520 2O Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) Potential impacts associated with cultural and paleontologic resources have been studied, and mitigation measures are sufficient to reduce impacts to a less than significant level. XVII. b) The proposed project will add to the housing types offered to the City's residents, a goal of the General Plan. XVII. c) The proposed project is consistent with the General Plan vision for this. area. Construction of the project will have no significant cumulative impacts. 042 -32- 521 XVH. d) The proposed project has the potential to adversely affect human beings, due to air quality, noise and traffic impacts. Mitigation measures are sufficient to reduce impacts to less than significant levels. XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Not applicable. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. -33- 043 522 a� 0 O o c ' o O o W a� 0 z •• o a N O � MEN H A •• p zz V ran W O WV��a � aka ts E� c� a� H N O N O lI)-+ enN . .. z z a� H r FBI a A V W A U p�q �A a� o� UU a o 0 p�, O I cn Ln bo bo cd tb o L7 o 0 0 0 U U U rA U U bo to U•CA •� � a, v v `� Rio o �c�con a to A a o c� � � �o Cd a a b W :b d b b V U pq U A m pq z° cd �., C 0 0 i-, bo � rn R Cd O r 0 0 cy V1 •� vi b p N O Cd � 0 w v� o 523 F A U p�q �A OT UU p a a a G7 Cd � o � A � A Cd wo � boo �Cd o o o —Cd .� A U p�q �A a� O� UU 0 � 0 U V L7 to to FCd 0 A A a w� a� U U •� U S 411, rA o� to Vi t� y to 4-4 045 524 F A V p�q �A a� �WU OV o ►� a cd dQ CA O � � O a �o 00 A C W A W oA o4 � •b N C* � � O .r N 4 U ~ COD iOr 'd G0. M ~OQ i "it 'd •r U O � 00 00 O cd .. �� N > N r-A crid �p �C = bOtn V� Z 'mod b A U p�q �A a� �WU OU b� cis E O 3 U U U a c� 0 z 0 p00 rA W w Fw w '�o •�o U U U U c� � fir' fir" •� Uo cts cts 525 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR TO ALLOW 392 SINGLE-FAMILY HOMES, A TEN ACRE COMMERCIAL LOT AND MISCELLANEOUS LOTS ON A t 110.0 ACRE SITE LOCATED AT THE NORTHEAST CORNER OF MONROE STREET AND AVENUE 60. CASE NO.: SPECIFIC PLAN 2004-072 APPLICANT: ROBERT SCHUMACHER WHEREAS, the City Council of the City of La Quinta, California, did, on the 16" day of November, 2004 hold a duly noticed Public Hearing to consider a request by Robert Schumacher for approval of development principles and design guidelines for a Specific Plan to allow 392 single-family homes, a ten acre commercial lot and miscellaneous lots, on a 110.90 acre site, generally located at the northeast corner of Monroe Street and Avenue 60, more particularly described as follows: APNs: 764-240-002, 003, 004 & 005 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14" day of September 2004, hold a duly noticed Public Hearing to consider a request by Robert Schumacher for approval of development principles and design guidelines for a Specific Plan to allow 392 single-family homes, a ten acre commercial lot and miscellaneous lots, on a 110.90 acre site; and, WHEREAS, the Planning Commission adopted Resolution 2004-066 recommending to the City Council approval of said Specific Plan; and, WHEREAS, said Specific Plan application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Environmental Assessment 2004-513, and has determined that although the proposed project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, and therefore, a Mitigated Negative Declaration of environmental impact is recommended for certification; and, 047 PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= RESO SP 2004-072.doc 526 City Council Resolution No. 2004- Specific Plan 2004-072 Robert Schumacher Adopted: November 16, 2004 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following findings pursuant to Section 9.240.010 of the Zoning Code to justify approval of said Specific Plan: 1. The proposed project is consistent with the goals and policies of the General Plan in that the design, height, scale and mass of the project are compatible with the Medium Density Residential (MDR) land use designation. The commercial portion of the project will be processed under a separate permits and be consistent with the Neighborhood Commercial Land Use designation. 2. Approval of the proposed project will not create conditions materially detrimental to public health, safety and general welfare in that the proposed project is consistent with the Specific Plan for the project. 3. The proposed project is compatible in terms of land uses, in that it is consistent with the type of development allowed under the City's General Plan under the Medium Density Residential (MDR) and Neighborhood Commercial (NC) designation. 4. The proposed project is suitable and appropriate for the subject site in that it ' is zoned for residential and neighborhood commercial uses in accordance with the Specific Plan, Zoning Code, and the goals, objectives and policies of the City's General Plan. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the La Quinta City Council for this Specific Plan; 2. That it does hereby approve Specific Plan 2004-072 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16" day of November, 2004, by the following vote, to wit: P: Re orts - C11-16-04\TTM 32398 Schumacher= RESO SP 2004-072.doc 527 " 2 7 \ p C\ City Council Resolution No. 2004- Specific Plan 2004-072 Robert Schumacher Adopted: November 16, 2004 AYES: NOES: ABSENT: ABSTAIN: DONALD 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 ,.v 04a PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= RESO SP 2004-072.doc 528 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL RECOMMENDED SPECIFIC PLAN 2004-072 — ROBERT SCHUMACHER NOVEMBER 16, 2004 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Specific Plan shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • SCAQMD Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Wate 09,0 PAReP orts - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - SP 04 072.doc 529 City Council Resolution No. 2004- Conditions of Approval - Recommended Specific Plan 2004-072 - Robert Schumacher November 16, 2004 LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or his/her designer can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 11 Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer . prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 051. PAReports - CC\1 1-16-04\TTM 32398 Schumacher= COA - SP 04 072.doc 530 City Council Resolution No. 2004- Conditions of Approval - Recommended Specific Plan 2004-072 - Robert Schumacher November 16, 2004 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Monroe Street (Primary Arterial, Option A 110' ROW) - The standard 55 feet from the centerline of Monroe Street for a total 110-foot ultimate developed right of way except an additional variable right of way dedication at the proposed primary iiresidential project entry and at the proposed Commercial Project Site access driveway measured sixty one feet (611 east of the cente line of Monroe Street and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under IISTREET AND TRAFFIC IMPROVEMENTS. Avenue '60 (Primary Arterial Option A 110' ROW) - The standard 55 2) ( Y � P feet from the centerline of Avenue 60 for a total 1 10-foot ultimate developed right of way except for an additional variable right of way dedication at the proposed secondary residential entry and at the proposed primary Commercial Project Site access driveway measured sixty one feet (61') north of the centerline of Avenue 52 and length 052 PAReports - CC\1 1-16-04\TTM 32398 Schumacher= COA - SP 04 072.doc J 31 City Council Resolution No. 2004- Conditions of Approval - Recommended Specific Plan 2004-072 - Robert Schumacher November 16, 2004 to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 9. The applicant shall retain for private use on the Final Map all private street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS Private Residential Streets measured at gutter or curb flow line to gutter. or curb flow line shall be 32 feet with parking restricted to one side, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. Curb design to be approved by the City Engineer. B. ALLEYS REAR LANES Alley rear lanes shall have a minimum travel width of 20 feet provided that parking is prohibited on both sides, there is adequate off-street parking for residents and visitors, and provisions are established for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. The alley rear lane travel width and pavement structure shall also be approved by the Fire Department: 11 Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design 053 PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - SP 04 072.doc 532 City Council Resolution No. 2004- Conditions of Approval - Recommended Specific Plan 2004-072 - Robert Schumacher November 16, 2004 aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 12. When the City Engineer determines that access rights to the proposed street right- of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 13. The applicant shall offer for dedication on the Final Map when submitted, a ten - foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 14. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Monroe Street (Primary Arterial) - 20-foot from the R/W-P/L. B. Avenue 60 (Primary Arterial) - 20-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 15. Direct vehicular access to Monroe Street and Avenue 60 from lots with frontage along Monroe Street and Avenue 60 is restricted, except for those access points identified on Tentative Tract No. 32398 and Specific Plan 2004-072, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 16. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 054 PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - SP 04 072.doc 533 City Council Resolution No. 2004- Conditions of Approval - Recommended Specific Plan 2004-072 - Robert Schumacher November 16, 2004 IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 17. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 18. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan lit = 40' Horizontal B.. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal D. Storm Drain Plans 1 " = 40' Horizontal E. On -Site Commercial Precise Grading Plan 1 " = 20' Horizontal F. Off -Site Street Plan 1 " = 40' Horizontal, 1 " = 4' Vertical G. Off -Site Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. H. On -Site Street Plan 1 " = 40' Horizontal, 1 " = 4' Vertical I. On -Site Signing & Striping Plan 1 " = 40' Horizontal The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - SP 04 072.doc 055 r34 City Council Resolution No. 2004- Conditions of Approval - Recommended Specific Plan 2004-072 - Robert Schumacher November 16, 2004 otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. a. On -Site Residential Precise Grading Plan lit = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. "On -Site Precise Grading/Site Development" plans shall normally include all on - site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 19. The City maintains standard plans, detail sheets and/or construction notes for elements of construction on the Public Works Online Engineering Library at http://www.la-guinta.org/publicworks/tractl/z onlinelibrary/0 intropage.htm. 20. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. 056 PAReports - CC\1 1-16-04\TTM 32398 Schumacher= COA - SP 04 072.doc 535 City Council Resolution No. 2004- Conditions of Approval - Recommended Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 21. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 22. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related. to Tentative Tract No. 32398 or Specific Plan 2004-072, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 23. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - SP 04 072.doc 057 536 City Council Resolution No. 2004- Conditions of Approval - Recommended Specific Plan 2004-072 - Robert Schumacher November 16, 2004 related to the development of the project, or call upon the surety to complete the improvements. 24. Depending on the timing of the development of Tentative Tract No. 32398 or Specific Plan 2004-072, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. Off -Site Improvements should be completed on a first priority basis. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 25. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off - site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. 058 r7 ,l PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - SP 04 072.doc City Council Resolution No. 2004- Conditions of Approval - Recommended Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. GRADING 26. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 27. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 28. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 29. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall 059 PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - SP 04 072.doc 538 City Council Resolution No. 2004- Conditions of Approval - Recommended Specific Plan 2004-072 - Robert Schumacher November 16, 2004 either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 30. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements ^ of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 31. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 32. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 33. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 34. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list- the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 35. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - SP 04 072.doc oso 539 City Council Resolution No. 2004- Conditions of Approval - Recommended Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 36. The applicant shall revise proposed retention basins to comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. Additionally, the 100 year stormwater shall be retained within the interior street right of way. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 37. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 38. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. The sand filter and leach field shall be designed to contain nuisance water surges totaling the following: 3.43 gph/2,000 sq. ft. of landscape area, 3.43 gph per residential unit, 416.7 gallons per hour per well site and off -site street nuisance water. The sand filter design shall be per La Quinta Standard 370 with the equivalent of 137.2 gph of water feed per sand filter to accept the abovementioned nuisance water requirements. Leach line requirements are 1.108 feet of leach line per gph of flow. 39. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 40. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 061. PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - SP 04 072.doc 540 City Council Resolution No. 2004- Conditions of Approval - Recommended Specific Plan 2004-072 - Robert Schumacher November 16, 2004 41. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. For retention basins on individual lots, retention depth shall not exceed two feet. 42. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 43. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 44. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 45. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. IITll ITIFS 46. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 47. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 48. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 49. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. 062�J 41 PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - SP 04 072.doc City Council Resolution No. 2004- Conditions of Approval - Recommended Specific Plan 2004-072 - Robert Schumacher November 16, 2004 The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 50. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 51. The applicant shall construct the following street improvements to conform with the General Plan with street type noted in parentheses. A. OFF -SITE STREETS 1) Monroe Street (Primary Arterial, Option A; 1 10' R/W): Widen the east side of the street along all frontage adjacent to the Specific Plan boundary to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The east curb face shall be located forty three feet (43') east of the centerline, except at locations where additional street width is needed to accommodate: a) Bus turnout (if required by Sunline Transit) b) A deceleration/right turn only lane at Monroe Street Primary Entry. The east curb face shall be located fifty five feet (55') east of the centerline and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet. Other required improvements in the Monroe Street right or way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. 063 5q2 PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - SP 04 072.doc City Council Resolution No. 2004- Conditions of Approval - Recommended Specific Plan 2004-072 - Robert Schumacher November 16, 2004 b) A 10-foot wide Multi -Purpose Trail. The applicant shall construct a multi -use trail per La Quinta Standard 260 along the Monroe Street frontage within the landscaped setback. The location and design of the trail shall be approved by the City. A split rail fence shall be constructed to separate the multi -purpose trail from the pedestrian sidewalk in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. Bonding for the fence to be installed shall be posted prior to final map approval. At grade intersection crossings shall be of a medium and design and location as approved by the Engineering Department on the street improvement plan submittal. c) Half width of an 18' - foot wide raised landscaped median along the entire boundary of the Specific Plan plus variable width as needed to accommodate a left turn deceleration lane for the southbound Monroe Street traffic as well as full turn movements at the Primary Residential Entry, and variable width as needed on Monroe Street at the Avenue 60 intersection to accommodate a left turn deceleration lane for southbound Monroe Street to eastbound Avenue 60. d) Establish a benchmark in the Monroe Street right of way and file a record of the benchmark with the County of Riverside. 2) Avenue 60 (Primary Arterial, Option A; 1 10' R/W): Widen the east side of the street along all frontage adjacent to the Specific Plan boundary to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The east curb face shall be located forty three feet (43') east of the centerline, except at locations where additional street width is needed to accommodate: 1. Bus turnout (if required by Sunline Transit). 2. A deceleration/right turn only lane at the Avenue 60 Residential Project Secondary Entry and the two Commercial Project Site access driveways, if required by a Traffic Study 064 �)41 PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - SP 04 072.doc City Council Resolution No. 2004- Conditions of Approval - Recommended Specific Plan 2004-072 - Robert Schumacher November 16, 2004 per Engineering Bulletin # 03-08. The east curb face shall be located fifty five feet (55') east of the centerline and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet. Other required improvements in the Monroe Street right or way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. d) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. e) Half width of an 18' - foot wide raised landscaped median along the entire boundary of the Specific Plan plus variable width as needed to accommodate a left turn deceleration lane for the southbound traffic as well as full turn movements at the Secondary Residential Entry, and variable width as needed on Avenue 60 at the Monroe Street intersection to accommodate a left turn deceleration lane for eastbound Avenue 60 traffic to southbound Monroe Street. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Construct full street improvements to provide for 32-foot wide travel 065 PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - SP 04 072.doc City Council Resolution No. 2004- Conditions of Approval - Recommended Specific Plan 2004-072 - Robert Schumacher November 16, 2004 width measured gutter flow line to gutter flow line where the residential streets where on -street parking is allowed on one side and the applicant makes provisions for perpetual enforcement of the No Parking restrictions. C. REAR ALLEY LANES C. Rear alley lanes shall have a travel width of 20 feet with parking prohibited on both sides, there is adequate off-street parking for residents and visitors, and provisions are established for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. The alley rear lane travel width and pavement structure shall also be approved by the Fire Department. 52. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 53. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential/Parking Lot and Access Driveways 3.0" a.c./4.5" c.a.b. 545 PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - SP 04 072.doc City Council Resolution No. 2004- Conditions of Approval - Recommended Specific Plan 2004-072 - Robert Schumacher November 16, 2004 Primary Arterial 4.5" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 54. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 55. General access points and turning movements of traffic are limited to the following: A. Monroe Street 1) Primary Residential Entry: Full turn movements are permitted. 2) Commercial Project Site access driveway: Right turn movements in and out are permitted. Left turn movements in and out are restricted. B. Avenue 60 1) Secondary Residential Entry: Full turn movements are permitted. 2) Commercial Project Site access driveway (450 feet east of Monroe Street): Right turn movements in and out are permitted. Left turn movements out are restricted. Left turn movements in are permitted if left turn lane(s) provided that left turn lane(s) at the Monroe Street/Avenue 60 intersection are not affected. 3) Commercial Project Site access driveway (850 feet east of Monroe Street): Right turn movements in and out are permitted. Left turn movements in and out are restricted. 56. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 067 PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - SP 04 072.doc 546 City Council Resolution No. 2004- Conditions of Approval - Recommended Specific Plan 2004-072 - Robert Schumacher November 16, 2004 57. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS and ACCESS POINTS 58. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. a. General access points and turning movements of traffic to off site public streets are limited to the access locations approved in these conditions of approval. 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. CONSTRUCTION 59. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 60. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - SP 04 072.doc City Council Resolution No. 2004- Conditions of Approval - Recommended Specific Plan 2004-072 - Robert Schumacher November 16, 2004 13.24.140 (Landscaping Plans), LQMC. 61. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 62. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 63. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 64. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. PUBLIC SERVICES 65. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 66. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 67. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 68. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and 069 54$ PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - SP 04 072.doc City Council Resolution No. 2004- Conditions of Approval - Recommended Specific Plan 2004-072 - Robert Schumacher November 16, 2004 methods employed comply with the plans, specifications and other applicable regulations. 69. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 70. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 71. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 72. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 73. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect .at the time of issuance of building permit(s). 070 5 k0i P:\Reports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - SP 04 072.doc RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF ± 110.90 ACRES INTO 392 SINGLE FAMILY LOTS, A TEN ACRE COMMERCIAL LOT AND MISCELLENAOUS LOTS CASE NO.: TENTATIVE TRACT MAP 32398 APPLICANT: ROBERT SCHUMACHER WHEREAS, the City Council of the City of La Quinta, California, did, on the 16" day of November 2004, hold a duly noticed Public Hearing to consider a request by Robert Schumacher for approval of Tentative Tract Map 32398 to subdivide ± 110.90 acres into 392 single-family lots, a ten acre commercial lot and miscellaneous lots, generally located at the northeast corner of Monroe Street and Avenue 60, more particularly described as follows: APNs: 764-240-002, 003, 004 & 005 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14" day of September 2004, hold a duly noticed Public Hearing to consider a request by Robert Schumacher for approval of Tentative Tract Map 32398 to subdivide ± 110.90 acres into 392 single-family lots, a ten acre commercial lot and miscellaneous lots; and.. WHEREAS, the Planning Commission adopted Resolution 2004-067 recommending to the City Council approval of Tentative Tract Map 32398; and, WHEREAS, said Tentative Tract Map 32398 has complied with the requirements and rules to implement the California Environmental Quality Act (CEQA) of 1970, as amended (Resolution 83-63), in that Environmental Assessment 2004-513 was prepared and determined that although the project could have a significant adverse effect on the environment, mitigation measures have been imposed on the project that will reduce impacts to less than significant levels; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings to approve said Tentative Tract Map 32398: 1. The proposed tract map will be consistent with the City of La Quinta General Plan in that the property will be designated Medium Density Residential (MDR), which allows single-family residential uses, and Neighborhood Commercial (NC) which allows Commercial uses. 0'71. 5� PAReports - CC\ 11- 1 6-04\TTM 32398 SchumacheACC RESO TTM 32398.doc City Council Resolution No. 2004- Tentative Tract Map 32398 -Robert Schumacher Conditions of Approval - Recommended November 16, 2004 2. The design or improvement of the proposed subdivision will be consistent with the City of La Quinta General Plan in that all streets and improvements in the proposed project will conform to City standards contained in the General Plan and Subdivision Ordinance. Access for the single-family lots will be provided from existing streets in the immediate area. The density and design for the tract will comply with the Land Use Element of the General Plan. 3. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat in that the subject site is physically suitable for the proposed land division, and currently development exists to the southwest and other lands are under construction immediately west of the site, which has reduced the amount of habitat suitable for any fish or wildlife. 4. The design of the subdivision and type of improvements are not likely to cause serious public health problems in that the applicant will be conditioned meet all applicable requirements of the City of La Quinta to provide a safe environment for the public. 5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision in that there are existing streets that will provide direct access to the site. All required public easements will provide access to the site or support necessary infrastructure improvements for the proposed project. All other private easements will be abandoned to allow the subdivision of the property. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Tentative Tract Map; 2. That it does hereby recommend approval of Tentative Tract Map 32398 to the City Council 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 City of La Quinta City Council, held on this 16th day of November, 2004, by the following vote, to wit: 072 'Sy1 PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= RESO TTM 32398.doc City Council Resolution No. 2004- Tentative Tract Map 32398 -Robert Schumacher Conditions of Approval - Recommended November 16, 2004 AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\Reports 1-1 16 04\ TTM 32398 Schumacher= RESO TTM 32398.doc 16 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32398 — ROBERT SCHUMACHER NOVEMBER 16, 2004 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • SCAQMD Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 074 55� P:\Reports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - TM-32398.doc City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract Map 32398 — Robert Schumacher November 16, 2004 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08- DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or his/her designer can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. 075 P:\Reports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - TM-32398.doc bk City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract Map 32398 - Robert Schumacher November 16, 2004 F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Monroe Street (Primary Arterial, Option A 110' ROW) - The standard 55 feet from the centerline of Monroe Street for a total 110-foot ultimate developed right of way except an additional variable right of way dedication at the proposed primary residential project measured sixty one feet (611 east of the centerline of Monroe Street and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 2) Avenue 60 (Primary Arterial, Option A 1 10' ROW) - The standard 55 feet from the centerline of Avenue 60 for a total 110-foot ultimate developed right of way except for an additional variable right of way l� • PAReports - CC\ 11- 1 6-04\TTM 32398 SchumacheACC COA - TM-32398.doc City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract Map 32398 — Robert Schumacher November 16, 2004 dedication at the proposed secondary residential entry measured sixty one feet (61') north of the centerline of Avenue 52 and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for. a length of 100 feet plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 9. The applicant shall retain for private use on the Final Map all private street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS Private Residential Streets measured at gutter or curb flow line to gutter or curb flow line shall be 32 feet with parking restricted to one side, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. B. ALLEYS REAR LANES Alley rear lanes shall have a minimum travel width of 20 feet provided that parking is prohibited on both sides, there is adequate off-street parking for residents and visitors, and provisions are established for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. The alley rear lane travel width and pavement structure shall also be approved by the Fire Department. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric 077 PAReports - CC\11-16-04\TTM 32398 SchumacheACC COA - TM-32398.doc City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract Map 32398 — Robert Schumacher November 16, 2004 layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnouts). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 12. When the City Engineer determines that access rights to the proposed street right-of- ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 13. The applicant shall offer for dedication on the Final Map when submitted, a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced ,to five feet in width with the express written approval of IID. 14. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Monroe Street (Primary Arterial) - 20-foot from the R/W-P/L. B. Avenue 60 (Primary Arterial) - 20-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 15. Direct vehicular access to Jefferson Street and Avenue 52 from lots with frontage along Jefferson Street and Avenue 60 is restricted, except for those access points identified on Tentative Tract No. 32398, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 16. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 078 PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - TM-32398.doc .. City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract Map 32398 - Robert Schumacher November 16, 2004 FINAL MAPS 17. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster - image file of such Final Map. The Final Map shall be of a 1 " = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 18. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 19. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal D. Storm Drain Plans 1 " = 40' Horizontal E. Off -Site Street Plan ill = 40' Horizontal, 1 " = 4' Vertical F. Off -Site Signing & Striping Plan 1 " = 40' Horizontal ors PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - TM-32398.doc 1g) V City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract Map 32398 — Robert Schumacher November 16, 2004 The Off -Site street improvement plans shall have separate -plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. G. On -Site Street Plan H. On -Site Signing & Striping Plan 1 it = 40' Horizontal, 1 " = 4' Vertical 1 " = 40' Horizontal The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Residential Precise Grading Plan 1 if = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by,the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot'of cover, or sufficient cover to clear any adjacent obstructions. "On -Site Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 20. The City maintains standard plans, detail sheets and/or construction notes for elements of construction on the Public Works Online Engineering Library at 080 PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - TM-32398.doc 15,59 City Council Resolution No. 2004- . Conditions of Approval Recommended Tentative Tract Map 32398 — Robert Schumacher November 16, 2004 http://www.la-guinta.org/publicworks/tractl/z onlinelibrary/0 intropage.htm. 21. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 22. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 23. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to Tentative Tract No. 32398, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 24. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on - site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. 081. PAReports - CC\11-16-04\TTM 32398 Schumacher= COA - TM-32398.doc 560 City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract Map 32398 — Robert Schumacher November 16, 2004 Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to .the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or .call upon the surety to complete the improvements. 25. Depending on the timing of the development of Tentative Tract No. 32398, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. Off -Site Improvements should be completed on a first priority basis. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 26. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - TM-32398.doc asp 561 City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract Map 32398 — Robert Schumacher November 16, 2004 At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. C;RAI7)ING 27. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 28. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 29. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. 5g2 PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher\CC COA - TM-32398.doc City Council Resolution No. 2004- Conditions of. Approval - Recommended Tentative Tract Map 32398 — Robert Schumacher November 16, 2004 The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 30. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 31. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5 ") in the first eighteen inches (18") behind the curb. 32. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 33. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 34. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown .on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 35. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 084 5 PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - TM-32398.doc City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract Map 32398 — Robert Schumacher November 16, 2004 36. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95 % Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 37. The applicant shall revise proposed retention basins to comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. Additionally, the 100 year stormwater shall be retained within the interior street right of way. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 38. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 39. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. The sand filter and leach field shall be designed to contain nuisance water surges totaling the following: 3.43 gph/2,000 sq. ft. of landscape area, 3.43 gph per residential unit, 416.7 gallons per hour per well site and off -site street nuisance water. The sand filter design shall be per La Quinta Standard 370 with the equivalent of 137.2 gph of water feed per sand filter to accept the abovementioned nuisance water requirements. Leach line requirements are 1.108 feet of leach line per gph of flow. 40. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. P:\Reports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - TM-32398.doc 564 City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract Map 32398 — Robert Schumacher November 16, 2004 41. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 42. For on -site. common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. For retention basins on individual lots, retention depth shall not exceed two feet. 43. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 44. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 45. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 46. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTI LITI FS 47. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 48. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 49. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - TM-32398.doc City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract Map 32398 - Robert Schumacher November 16, 2004 50. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 51. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 52. The applicant shall construct the following street improvements to conform with the General Plan with street type noted in parentheses. A. ' OFF -SITE STREETS 1) Monroe Street (Primary Arterial, Option A; 1 10' R/W): Widen the east side of the street along all frontage adjacent to the Specific Plan boundary to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The east curb face shall be located forty three feet (43') east of the centerline, except at locations where additional street width is needed to accommodate: a) Bus turnout (if required by Sunline Transit) b) A deceleration/right turn only lane at Monroe Street Primary Entry. The east curb face shall be located fifty five feet (55') east of the centerline and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet. 08'7_ PAReports - CC\1 1-1 6-04\TTM 32398 Schumacher= COA - TM-32398.doc 566 City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract Map 32398 - Robert Schumacher November 16, 2004 Other required improvements in the Monroe Street right or way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. d) A 10-foot wide Multi -Purpose Trail. The applicant shall construct a multi -use trail per La Quinta Standard 260 along the Monroe Street frontage within the landscaped setback. The location and design of the trail shall be approved by the City. A split rail fence shall be constructed to separate the multi -purpose trail from the pedestrian sidewalk in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. Bonding for the fence to be installed shall be posted prior to final map approval. At grade intersection crossings shall be of a medium and design and location as approved by the Engineering Department on the street improvement plan submittal. e) Half width of an 18' - foot wide raised landscaped median along the entire boundary of the Tentative Tract Map plus variable width as needed to accommodate a left turn deceleration lane for the southbound Monroe Street traffic as well as full turn movements at the Primary Residential Entry, and variable width as needed on Monroe Street at the Avenue 60 intersection to accommodate a left turn deceleration lane for southbound Monroe Street to eastbound Avenue 60. f) Establish a benchmark in the Monroe Street right of way and file a record of the benchmark with the County of Riverside. 2) Avenue 60 (Primary Arterial, Option A; 1 10' R/W): Widen the east side of the street along all frontage adjacent to the Specific Plan boundary to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The east curb face shall be located forty three feet (43') east of the 088g6l P:\Reports - CC\1 1-1 6-04\TTM 32398_ Schumacher= COA - TM-32398.doc City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract Map 32398 - Robert Schumacher November 16, 2004 centerline, except at locations where additional street width is needed to accommodate: a) Bus turnout (if required by Sunline Transit). b) A deceleration/right turn only lane at the Avenue 60 Residential Project Secondary Entry and the two Commercial Project Site access driveways, if required by a Traffic Study per Engineering Bulletin # 03-08. The east curb face shall be located fifty five feet (55') east of the centerline and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet. Other required improvements in the Monroe Street right or way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. d) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. e) Half width of an 18' - foot wide raised .landscaped median along the entire boundary of the Specific Plan plus variable width as needed to accommodate a left turn deceleration lane for the southbound traffic as well as full turn movements at the Secondary Residential Entry, and variable width as needed on Avenue 60 at the Monroe Street intersection to accommodate a left turn deceleration lane for eastbound Avenue 60 traffic to southbound Monroe Street. 089 P:\Reports - CC\ 11- 1 6-04\TTM 32398 Schumacher= COA TM 32398.doc 568 City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract Map 32398 — Robert Schumacher November 16, 2004 The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Construct full street improvements to provide for 32-foot wide travel width measured gutter flow line to gutter flow line where the residential streets where on -street parking is allowed on one side and the applicant makes provisions for perpetual enforcement of the No Parking restrictions. 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. C. REAR ALLEY LANES 1) Rear alley lanes shall have a travel width of 20 feet with parking prohibited on both sides, there is adequate off-street parking for residents and visitors, and provisions are established for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. The alley rear lane travel width and pavement structure shall also be approved by the Fire Department. 53. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 if = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. 090 P:\Reports CC\11 16-04\TTM 32398 Schumacher= COA - TM-32398.doc r,'� City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract Map 32398 — Robert Schumacher November 16, 2004 Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 54. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential Primary Arterial 3.0" a.c./4.5" c.a.b. 4.5" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 55. 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. 56. General access points and turning movements of traffic are limited to the following: A. Primary Residential Entry (Monroe Street): Full turn movements are permitted. B. Secondary Residential Entry (Avenue 60): Full turn movements are permitted. 57. 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. 58. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 59. The City will conduct final inspections of habitable buildings only when the buildings 091. 0 P:\Reports - CC\11-16-04\TTM 32398 Schumacher\CC COA - TM-32398.doc City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract Map 32398 Robert Schumacher November 16, 2004 have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 60. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 61. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 62. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 63. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 64. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. PUBLIC SERVICES 65. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 66. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. n92 P:\Reports - CC\11-16-04\TTM 32398 Schumacher= COA - TM-32398.doc 1511 City Council Resolution No. 2004- Conditions of Approval - Recommended Tentative Tract Map 32398 - Robert Schumacher November 16, 2004 67. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 68. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 69. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 70. The appilicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 71. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 72. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 73. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 093 0 PAReports - CC\11-16-04\TTM 32398 SchumacheACC COA - TM-32398.doc 15 ATTACHMENT 11 coil . O �p C� OF 9 COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Public Hearing to Consider a Petition for Final Cancellation of a Williamson Act Contract and Execution and Recordation of a Certificate of Cancellation for ± 195 Acres Located on the Northwest Corner of Avenue 60 and Monroe Street (APNs: 761-200-005, 761-210-004, and 761-210- 005) Applicant: Coral Option 1, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: I Adopt of a Resolution of the City Council approving a petition for the final cancellation of a Williamson Act Contract, and execution and recordation of a Certificate of Cancellation for ± 195 acres located on the northwest corner of Avenue 60 and Monroe Street (Attachment 1). FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the December 16, 2003 meeting, the City Council voted 5-0 to approve a General Plan Amendment (GPA 2003-093), Zone Change (ZC 2003-116), Agriculture Cancellation of ± 195 acres (AP 2003-001), Specific Plan (SP 2003- 067), and a Site Development Permit (SDP 2003-787) for the development of two 18-hole golf courses and associated facilities and 1,400 residential units on ± 942 acres, located at the northwest corner of Avenue 60 and Monroe Street (Attachment 2). One of the golf courses is under construction as well as the gatehouse and clubhouse; the aquatic and tennis facilities are in plan check. 575 Project Request Pursuant to Government Code Section 51282, the City Council adopted Resolution 2003-126 (with Conditions of Approval) at the December 16, 2002 meeting, to tentatively 'a p prove the cancellation of the Williamson Act Contract for Riverside County Agricultural Preserve No. 58. The City is now required to consider finalizing the cancellation of a Williamson Act Contract by resolution and authorize the execution and recordation of a Final Certificate of Cancellation. This will finalize the agriculture cancellation process for the subject property. Pursuant to Resolution 2003-126, the applicant has complied with. the following Conditions of Approval required to be completed prior to the Final Certificate of Cancellation: 1. The Landowner shall have paid the full amount of the cancellation fee of One Million One Hundred Sixty -Eight Thousand One Hundred Twenty -Five Dollars ($1,168,125.00). Unless the fee is paid or a Certificate of Cancellation is issued within one year from the date of the recording of this Tentative Certificate, the fee shall be recomputed as of the date on the notice described in California Government Code Section 51283.4(b) and the recomputed fee shall be paid in full as a condition of final cancellation of the Contract. Neither the cancellation fee nor any portion thereof shall be waived. 2. The Landowner shall obtain all permits and approvals necessary to commence the project on the Property. Public Notice This project was advertised in the Desert Sun newspaper on November 1, 2004, and mailed to all property owners within 500 feet of the site. Also, pursuant to Government Code Section 51284, the notice was sent to the Director of Conservation at the State Department of Conservation Headquarters at least ten working days prior to the public hearing date. To date, no letters have been received. Any written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES Findings to approve the request can be made and are contained in the attached Resolution. Staff recommends the City Council approve the following actions: 1. Adopt a Resolution of the City Council approving a petition for Final Cancellation of a Williamson Act Contract; and Direct Staff to execute and record a Certificate of Cancellation for t 195 002 S:\CitvMar\STAFF REPORTS ONLY\PH 2 Aa Pres.doc 576 acres located on the northwest corner of Avenue 60 and Monroe Street; or 2. Do not adopt a Resolution approving a petition for Final Cancellation of a Williamson Act Contract and execution and recordation of a Certificate of Cancellation for ± 195 acres located on the northwest corner of Avenue 60 and Monroe Street; or 3. Provide staff with alternative direction. Respectfully submitted, Oscar Ord, Interim Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Project Location Map 2. Map of Williamson Act Contracts 0 0-3 S:\CitvMar\STAFFt REPORTS ONLY\1 1-1 6-04\PH 2 Aa Pres.doc 577 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE FINAL CANCELLATION OF LAND CONSERVATION (WILLIAMSON ACT) CONTRACT FOR ± 195 ACRES FOR COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 58 CASE NO.: AGRICULTURAL PRESERVE 2003-001 APPLICANT: CORAL OPTION I, LLC WHEREAS, American Date Gardens, a California corporation, entered into a Land Conservation Contract to create Coachella Valley Agricultural Preserve No. 58 ("Contract") with the County of Riverside, pursuant to the Land Conservation Act of 1965 (Gov't Code Section 51200 et seq.), which Contract was recorded on February 28, 1974 as Instrument No. 23559 in the office of the County Recorder of Riverside County, California; and WHEREAS, Coral Option I, LLC, a California limited liability company, is the present owner of the property (described below) subject to the Contract referenced above, petitioned to cancel the Contract; and WHEREAS, the City Council of the City of La Quinta, California, did, on the 16' day of December, 2003, hold a duly noticed Public Hearing to consider the owner's application to tentatively cancel the Contract for ± 195 acres for Coachella Valley Preserve No. 58; and WHEREAS, the City Council of the City of La Quinta, California, did, on the 16" day of November, 2004, hold a duly noticed Public Hearing to consider the owner's application to cancel the Contract for ± 195 acres for Coachella Valley Preserve No. 58, generally located at the northwest corner of Avenue 60 and Monroe Street, which property is more particularly described as follows: APNs: 764-200-007, 764-210-004 and 764-210-005 WHEREAS, the City has complied with the California Environmental Quality Act (CEQA) and the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared Environmental Assessment 2003-483 and has determined that although the proposed project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, and therefore, a Mitigated Negative Declaration of environmental impact is recommended for certification; and. S:\CityMgr\STAFF REPORTS ONLY\PH 2 RESO Ag Pres.doc 004 5"78 City Council Resolution No. 2004- Agricultural Preserve 2003-001 - Coral Option I, LLC Adopted: November 16, 2004 Page 2 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings to approve the Final Cancellation of said Contract for f 195 acres for Coachella Valley Preserve No. 58 because the cancellation is consistent with the purposes of the Williamson Act: 1. A Notice of Non -Renewal has been served on the County on or about February 26, 1999, and recorded on July 7, 1999 as Instrument No. 1999- 320309 in the office of the County Recorder of Riverside County. 2. Cancellation is not likely to result in removing adjacent lands from agricultural use because there are no adjacent lands which are not currently zoned residential or commercial. 3. Cancellation is for an alternative use which is consistent with the City's General Plan as the subject property is designated as LDR (Low Density Residential), Golf Course (GC) and, Neighborhood Commercial (NC) under the City of La Quinta General Plan. The proposed alternative use for the subject property will be developed as a resort community with residential, golf courses and commercial uses. 4. Cancellation will not result in discontiguous patterns of urban development. 5. There is no proximate non -contracted land which is both available and suitable for the proposed use of the contracted land and development of the contracted land would provide more contiguous patterns of urban development than development of proximate non -contracted land. 6. The amount of cancellation fee pursuant to Section 51283 of the Government Code has been determined and certified by the City Council to be $1,168,125. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council. 2. That it does hereby approve the Final Cancellation of the Contract for t 195 acres for Coachella Valley Preserve No. 58, as depicted in Exhibit "A" and attached hereto and made a part of, for the reasons set forth in this Resolution. 005 579 City Council Resolution No. 2004- Agricultural Preserve 2003-001 - Coral Option I, LLC Adopted: November 16, 2004 Page 3 3. That the owner has satisfied the following conditions prior to and as a condition precedent of the City Council authorizing the execution and recording of a final certificate of cancellation: (a) Payment within one year after recording the certificate of tentative cancellation of the cancellation fee of $1,168,125.00. If the cancellation fee is not paid within one year from the date of the recording of the certificate of tentative cancellation, then fee shall be recomputed and the recomputed fee shall be paid in full as a condition of final cancellation of the Contract. Neither the cancellation fee nor any portion thereof shall be waived. (b) The owner shall obtain all permits and approvals. necessary to commence the project on the Property. 4. That it does hereby instruct the Clerk to record a Certificate of Final Cancellation as required by Government Code Section 51283. PASSED, APPROVED and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this 16th day of November, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California 11. City Council Resolution No. 2004- Agricultural Preserve 2003-001 - Coral Option I, LLC Adopted: November 16, 2004 Page 4 APPROVED AS TO FORM: M. KATHER'INE, JENSON, City Attorney City of La Quinta, California 007 581 I --r--L--� - -- -- - t i+F G - _- WILL1A►M50Nr A., .Al-rACHMENT #1 117.27 lac58 i 1 tw ry • • 008 582 V � nrr Im OF COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Public Hearing to Adopt a Resolution of the City Council Approving a One -Year Extension of Time for Tentative Tract Map 30185, the Subdivision of ± 3.62 Acres Into Seven Single - Family Residential Lots, One Open Space Lot and a Well Site, for the Property Located at the Southwest Corner of Cabrillo Way and Mission Drive West. Applicant: TD Desert Development RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 3 Adopt a Resolution of the City Council approving a one-year Extension of Time for Tentative Tract Map 30185, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: This project was originally presented to the Planning Commission on September 3, 2002. 'At that meeting the Planning Commission voted 5-0 to adopt Resolution 2002-086, recommending approval of the Tentative Tract Map to the City Council. On September 17, 2002, the City Council adopted Resolution 2002-132 approving the Tentative Tract Map, subject to Findings and Conditions of Approval. The Tentative Tract Map was set to expire on September 17, 2004. On August 4, 2004, the applicant requested a one-year time extension to finalize the tract map. Under the Subdivision Map Act, an applicant has two years from the date of approval to submit a Final Map for recordation. If the applicant cannot finalize the map within the two years, a total of three one-year extensions can be granted for any Tentative Tract Map. 6;; 'SOMA The proposed subdivision is located at the southeast corner of Cabrillo Way and Mission Drive West, within the Rancho La Quinta development (Attachment 1). The applicant proposes to subdivide approximately 3.62 acres into seven single- family residential lots, one open space lot and a well site (Attachments 2 & 3). The lots range in size from ± 9,180 to ± 11,600 square feet. Access to the lots will be taken from Mission Drive West, a private street within the Rancho La Quinta development. The open space and well site lots are 1.49 acres and 0.54 acres in size, respectively. Environmental Review In 1984, the City Council approved Resolution 84-77, which certified Environmental Impact Report No. 90, for Specific Plan 84-004 (The Grove) for the development of Rancho La Quinta. The Environmental Impact Report is still valid and binding on this development. TTM 30185 is part of Specific Plan 84-004 and there are no changed circumstances from the original environmental review that would trigger additional environmental analysis; therefore, no further environmental documentation is necessary. Planning Commission Action At the October 12, 2004 meeting the Planning Commission reviewed and approved this project by adoption of Resolution 2004-078, recommending to the City Council approval of a one-year time extension for Tentative Tract Map 30185, subject to Findings and Conditions of Approval. Public Notice This project was advertised in the Desert Sun newspaper on November 4, 2004, and mailed to all property owners within 500 feet of the site. To date, no letters have been received from adjacent property owners. Any written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES Findings necessary to approve the one-year Extension of Time for Tentative Tract Map 30185 can be made and are contained in the attached Resolution. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving a one-year Extension of Time for Tentative Tract Map 30185, subject to Findings and Conditions of Approval; or 585 2. Do not adopt the Resolution approving the time extension; or 3. Provide staff with alternative direction. Respectfully submitted, Oscar Ord, Interim Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Site Location Map 2. Tentative Tract Map 30185 3. Conceptual Site Plan for Lot "A" S:\CitvMar\STAFF REPORTS ONLY\PH 3 TTM 30185 Ext 1.doc RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP 30185 TO SUBDIVIDE ± 3.62 ACRES INTO SEVEN SINGLE- FAMILY RESIDENTIAL LOTS, ONE OPEN SPACE LOT AND A WELL SITE, LOCATED AT THE SOUTHWEST CORNER OF CABRILLO WAY AND MISSION DRIVE WEST WITHIN THE RANCHO LA QUINTA DEVELOPMENT CASE NO.: TENTATIVE TRACT MAP 30185 (1 ST EXTENSION OF TIME) APPLICANT: T D DESERT DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did, on the 16' day of November, 2004 hold a duly noticed Public Hearing to consider a request by T D Desert Development for a one-year Extension of Time to subdivide ± 3.62 acres into seven single-family residential lots, one open space lot and a well site, located at the southwest corner of Cabrillo Way and Mission Drive West within the Rancho La Quinta Development, more particularly described as follows: APNs: 646-331-028 and 649-460-022, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 12th day of October, 2004 hold a duly noticed Public Hearing to consider a request by T D Desert Development for a one-year Extension of Time for Tentative Tract Map 30185 for the subdivision of ± 3.62 acres into seven single-family residential lots, one open space lot and a well site, located at the southwest corner of Cabrillo Way and Mission Drive West within the Rancho La Quinta Development; and WHEREAS, the Planning Commission of the City of La Quinta, California, approved Resolution No. 2004-078 recommending approval of a one-year Extension of Time for Tract Map 30185 to the City Council; and WHEREAS, said one-year Extension of Time for Tentative Tract Map 30185 has complied with the requirements and rules to implement the California Environmental Quality Act (CEQA) of 1970, as amended (Resolution 83-63), in that Environmental Impact Report No. 90 for Specific Plan 84-004 (The Grove) was prepared and certified by the City Council on November 20, 1984, under Resolution 84-77, for the overall development of the Rancho La Quinta development. Final Environmental Impact Report No. 90 is still valid and binding on this development request. No changed circumstances or conditions and no new information has been provided which would trigger the preparation of a subsequent environmental analysis pursuant to the provisions of the California Environmental Quality Act (CEQA) statutes; therefore, no further study is needed; and 587 City Council Resolution No. 2004- Tentative Tract Map 30185 1ST EXTENSION OF TIME TD Desert Development November 16, 2004 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings of approval to justify said Extension of Time for Tentative Tract Map 30185: 1. The proposed map is consistent with the City's General Plan and Specific Plan 84-004 in that the property is designated Low Density Residential (LDR) which permits single-family residential uses. 2. The design or improvement of the proposed subdivision is consistent with the City's General Plan and Specific Pan 84-004 in that all streets and improvements in the project conform to City standards as designed. All on -site streets exist, are private and are consistent with Specific Plan 84-004. Access for the single-family lots will be provided from an existing internal street. The density and design for the tract is consistent with the Land Use Element of the General Plan and the Specific Plan. 3. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat in that the subject site is physically suitable for the proposed land division. Development currently exists to the north, east, and south of the site; therefore, this project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because mitigation measures were imposed at the time the site was disturbed to reduce impacts to less than significant levels as required by Specific Plan 84-004 and Environmental Impact Report No. 90. 4. The design of the subdivision is not likely to cause serious public health problems in that the applicant has already installed urban improvements based on prior City approvals within the overall development (Rancho La Quinta) and is consistent with Specific Plan 84-004. 5. The design of the subdivision will not conflict with easements, acquired by the public' at large, for access through or use of property within the proposed subdivision in that there are existing streets that will provide direct access to the residential lots. All required easements are in place and provide access to the site and support the necessary infrastructure improvements. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 005 PAReports - CC\1 1-1 6-04\TTM 30185 1st Time Ext TD Desert= RESO TTM30185 Ext 1.doc 588 City Council Resolution No. 2004- Tentative Tract Map 30185 1ST EXTENSION OF TIME TD Desert Development November 16, 2004 1. That the above recitations are true and correct and constitute the, findings of the City Council for this Tentative Tract Map time extension; 2. That it does hereby confirm the conclusions of Final Environmental Impact Report No. 90, as certified by the City Council on November 20, 1984; 3. That it does hereby approve the one-year Extension of Time for Tentative Tract Map 30185 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 City of La Quinta City Council, held on this 16' day of November, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 006 PAReports - CC\1 1-1 6-04\TTM 30185 1st Time Ext TD Desert= RESO TTM30185 Ext 1.doc 589 CITY COUNCIL RESOLUTION 2004- CONDITIONiS OF APPROVAL -RECOMMENDED TENTATIVE TRACT MAP 30185 1 ST EXT. OF TIME T D DESERT DEVELOPMENT NOVEMBER 16, 2004 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: Fire Marshal Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District -Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of 007 P:\Reports - CC\1 1-1 6-04\TTM 30185 1 st Time Ext TD Deser = COA TTM30185 Ext 1.doc 590 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL -RECOMMENDED TENTATIVE TRACT MAP 30185 1 ST EXT. OF TIME T D DESERT DEVELOPMENT NOVEMBER 16, 2004 improvement plans; the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 4. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 5. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 6. The applicant shall retain for private use on the Final Map all private street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 7. When the City Engineer determines that access rights to the proposed street right-�of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 8. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. 9. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 10. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 11. When an applicant proposes the vacation, or abandonment, of,any existing road, public utilities, and pipeline easement shown in Parcel Map 25187, and !1: PAReports - CC\1 1-1 6-04\TTM 30185 1st Time Ext TD Desert= COA TTM30185 Ext 1.doc 591 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL -RECOMMENDED TENTATIVE TRACT MAP 30185 1sTEXT. OF TIME T D DESERT DEVELOPMENT NOVEMBER 16, 2004 open space and drainage easement shown on Lot E per TM 28640, which will diminish the rights to the property owned by others, the recordation of the tract map is subject to the Applicant providing an alternate road, public utilities, pipeline, open space and drainage easement, to those properties, or notarized letters of consent from the affected property owners. 12. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 13. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final Map. 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. 14. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors., A. On -Site Rough Grading Plan: 1 " = 40' Horizontal B. PM10 Plan: 1 " = 40' Horizontal C. SWPPP: 1 " = 40' Horizontal, a PAReports - CC\1 1-1 6-04\TTM 30185 1st Time Ext TD Desert= COA TTM30185 Ext 1.doc 592 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL -RECOMMENDED TENTATIVE TRACT MAP 30185 1 ST EXT. OF TIME T D DESERT DEVELOPMENT NOVEMBER 16, 2004 D. Storm Drain Plans: 1 " = 40' Horizontal The following plans shall be submitted to the Building & Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building & Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. E. On -Site Residential Precise Grading Plan: 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown.. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. 15. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 16. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 010 4 PAReports - CC\1 1-1 6-04\TTM 30185 1st Time Ext TD Desert= COA TTM30185 Ext 1.doc 593 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL -RECOMMENDED TENTATIVE TRACT MAP 30185 1 ST EXT. OF TIME T D DESERT DEVELOPMENT NOVEMBER 16, 2004 17. Prior to the conditional approval of any Final Map, or the issuance of , any permit(s), the applicant shall construct all on -site and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 18. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 19. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 20. When improvements are to be secured through a SIA, and prior to any conditional approval of the Final Map by the City Council, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1/2 it x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. PAReports - CC\1 1-1 6-04\TTM 30185 1st Time Ext TD Desert= COA TTM30185 Ext 1.doc 594 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL -RECOMMENDED TENTATIVE TRACT MAP 30185 1 ST EXT. OF TIME T D DESERT DEVELOPMENT NOVEMBER 16, 2004 21. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 22. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 23. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 24. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 25. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such P:\Reports - CC\1 1- 1 6-04\TTM 30185 1st Time Ext TD Desert = COA TTM30185 Ext 1.doc 6012 95 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL -RECOMMENDED TENTATIVE TRACT MAP 30185 1ST EXT. OF TIME T D DESERT DEVELOPMENT NOVEMBER 16, .2004 other erosion control measures, as were approved in the Fugitive Dust Control Plan. 26. Grading within perimeter setback and parkway areas shall have undulating terrain and shall conform to LQMC 9.60.240(F). The maximum slope shall not exceed 4:1 anywhere in the landscape setback area, and shall not exceed 8:1 in the first 6 feet adjacent to the curb in the right of way. 27. Building pad elevations shall conform substantially as- shown in the approved tentative map. 28. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 29. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE Stormwater handling shall conform with the approved hydrology and drainage report for Rancho La Quinta. Nuisance water shall be disposed of in an approved manner. 30. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 )Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and State Water Resources Control Board's No. 99-08-DWQ. For construction activities including clearing, grading or excavation of land that P13 P:\Reports - CC\1 1-1 6-04\TTM 30185 1st Time Ext TD Desert= COA TTM30185 Ext 1.doc 596 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL -RECOMMENDED TENTATIVE TRACT MAP 30185 1ST EXT. OF TIME T D DESERT DEVELOPMENT NOVEMBER 16, 2004 disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. A. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in the relation to this project. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1. Temporary Soil Stabilization (erosion control) 2. Temporary Sediment Control. 3. Wind Erosion Control. 4. Tracking Control. 5. Non -Storm Water Management. 6. Waste Management and Materials Pollution Control. D. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 31. The applicant shall comply with the provisions of Section 13.24.120 (Drainage); 014 8 PAReports - CC\11-16-04\TTM 30185 1st Time Ext TD Desert= COA TTM30185 Ext 1.doc 597 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL -RECOMMENDED TENTATIVE TRACT MAP 30185 1ST EXT. OF TIME T D DESERT DEVELOPMENT NOVEMBER 16, 2004 LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. No on -site drainage will be allowed to drain to La Quinta Evacuation Channel unless otherwise approved by CVWD. 32. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 33. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. Said water is defined as non- stormwater from landscaped area nuisance water, off -site street nuisance water, residential unit nuisance water and well site blow off water. 34. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 35. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 36. For on -site common retention basins, retention depth shall not exceed six feet and side slopes shall not exceed 3:1. 37. Stormwater may not be retained in landscaped parkways or landscaped setback lots Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 38. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 39. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into 9015 PAReports - CC\1 1-1 6-04\TTM 30185 1st Time Ext TD Desert= COA TTM30185 Ext 1.doc 598 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL -RECOMMENDED TENTATIVE TRACT MAP 30185 1ST EXT. OF TIME T D DESERT DEVELOPMENT NOVEMBER 16, 2004 the historic drainage relief route. 40. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 41. When an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City - or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative tract map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development for CC&Rs for meeting this potential obligations. UTILITIES 42. The applicant shall comply with the provisions, of Section 13.24.110 (Utilities), LQMC. 43. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, sewer and water laterals for the optimum placements for practical and aesthetic purposes. 44. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration 'requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. 016 10 PAReports CC\11-16-04\TTM 30185 1st Time Ext TD Desert= COA TTM30185 Ext 1.doc 599 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL -RECOMMENDED TENTATIVE TRACT MAP 30185 1 ST EXT. OF TIME T D DESERT DEVELOPMENT NOVEMBER 16, 2004 LANDSCAPING 45. The applicant shall comply with Sections 13.24.130 f Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 46. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 47. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 48. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs. QUALITY ASSURANCE 49. The applicant shall employ- construction quality -assurance measures that meet with the approval of the City Engineer. 50. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with 51. which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 52. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 017 11 P:\Reports - CC\1 1-1 6-04\TTM 30185 1 st Time Ext TD Desert= COA TTM30185 Ext 1.doc 600 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL -RECOMMENDED TENTATIVE TRACT MAP 30185 1 ST EXT. OF TIME T D DESERT DEVELOPMENT NOVEMBER 16, 2004 53. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 54. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 55. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 56. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. COACHELLA VALLEY WATER DISTRICT 57. Any areas adjacent to the channel that are below 50 feet are subject to flooding in the standard project flood. The District will require an easement for flooding for any areas adjacent to the La Quinta Evacuation Channel below the 50 foot elevation. 58. Final grading plans shall be submitted to the district for review with regard to the La Quinta Evacuation Channel. 59. A portion of this project area is adjacent to the right-of-way of the La Quinta Evacuation Channel. The applicant shall be required to install suitable facilities to maintain District access and to prohibit outside access to this right-of-way. 1918 PAReports - CC\1 1-1 6-04\TTM 30185 1st Time Ext TD Desert= COA TTM30185 Ext 1.doc 601 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL -RECOMMENDED TENTATIVE TRACT MAP 30185 1ST EXT. OF TIME T D DESERT DEVELOPMENT NOVEMBER 16, 2004 60. The applicant shall obtain an encroachment permit from the District prior to any construction within the right-of-way of the La Quinta Evacuation Channel, including but not limited to, surface improvements, drainage inlets, landscaping, and roadways. 61. The applicant will be required to pay the District any fees associated with the project in accordance with the current regulations for service to the site. 62. Landscaping and irrigation plans shall be submitted to the District for review to ensure efficient water management practices. 019 13 PAReports - CC\1 1-1 6-04\TTM 30185 1 st Time Ext TD Desert= COA TTM30185 Ext 1.doc 062 ATTACHWNT #1 R SITE LOCATION MAP 020 603 ATTACHMENT #3 604 � a V ry tt 4 5 OF 9ti COUNCIL/RDA MEETING DATE: November 16, 2004 ITEM TITLE: Public Hearing to Consider Adoption of an Amended Resolution Declaring the Public Interest and Necessity of Acquisition of Property Located Along Jefferson Street, La Quinta, California (APN 649-071- 010), for Jefferson Street Improvements, Phase II, Highway 111 to Indio Boulevard, Project No. 2000-19 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Conduct a public hearing and adopt a Resolution of the City Council declaring the public interest and necessity of the acquisition of a portion of the property located along Jefferson Street, La Quinta, California (APN 649-071-010). FISCAL IMPLICATIONS: The proposed Jefferson Street Phase II improvements are funded in accordance with the Reimbursement Agreement and Memorandum of Understanding between the City of La Quinta, the City of Indio, the County of Riverside, and the Coachella Valley Association of Governments ("CVAG"), as amended. The overall project costs for the Phase II improvements are estimated at $16,700,000. CVAG has agreed to pay 75% of these costs. The remaining 25% will be paid by the jurisdiction in which the improvements are constructed. The City of La Quinta's funding contribution (25% of the project costs within its jurisdiction) is estimated at $2,797,250. Of this amount, the City has been provided a credit in the amount of $963,000 from State Transportation Improvement Program funding obtained by the City to offset the costs of the newly included bridge across the Whitewater River. The City has also been provided a credit in the amount of $1,647,184 as repayment for the regional share advanced by the City for the Washington Street Improvements. The City shall be responsible to repay any balance of its portion of the proposed improvements minus its credit in the amount of $2,610,184. Considering the City's estimated costs are $2,797,250, the City's out-of-pocket share will be approximately $186,466. However, the City's actual contribution will be calculated based upon the project's final costs. 605 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On August. 17, 2004, the City Council adopted Resolution No. 2004-091, A Resolution of the City Council of the City of La Quinta, California Declaring the Public Interest and Necessity of Acquisition of Portions of Property Located Along Jefferson Street, La Quinta, California (APN 649-090-010, 649-090-011, 649- 080-013, and 649-071-010) for Jefferson Street Improvements, Phase II, Project No. 2000-019. These properties are all owned by Supper Club Golf, LLC, formerly Indian Springs Land Company, LLC ("Indian Springs"). A copy of Resolution No. 2004-091 is provided as Attachment 1. For further background information on these properties, please see the Staff Report prepared for the August 17, 2004 City Council meeting (Attachment 2). In reviewing Resolution 2004-091 as it relates to APN 649-071-010, it was discovered that the original resolution had been revised by the Public Works Department prior to its presentation to the City Council to change the take from a fee interest to a perpetual exclusive roadway easement. City staff has subsequently determined that the public interest and necessity requires the acquisition of this property in fee, and therefore recommends an amendment to the prior resolution. The City staff and Indian Springs have reached a tentative agreement regarding the temporary relocation of the cart path. However, since no agreement has been reached regarding the fee acquisition of APN 649-071-010, the recommended action is necessary in order to proceed with eminent domain as to that parcel. On October 29, 2004, the City sent Indian Springs a Notice of Intention to Adopt Amended Resolution of Necessity for Acquisition of Certain Property Located Along Jefferson Street in La Quinta, California. A copy of this notice is provided as Attachment 3. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Conduct a public hearing and adopt a Resolution of the City Council declaring the public interest and necessity of the acquisition of a portion of the property located along Jefferson Street, La Quinta, California (APN 649- 071-010) for the purpose of improving Jefferson Street; or 2 606 2. Conduct a public hearing and do not adopt a Resolution of the City Council declaring the public interest and necessity of the acquisition of a portion of the property located along Jefferson Street, La Quinta, California (APN 649- 071-010) for the purpose of improving Jefferson Street; or 3. Provide staff with alternative direction. Respectfully submitted, M. Katherine Jenson, City Attorney Approved for submission by: l . Thomas P. Genovese, City Manager Attachments: 1. Resolution No. 2004-019 2. Staff Report from August 17, 2004 City Council Meeting 3. October 29, 2004 Notice of Intention 3607 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PROPERTY LOCATED ALONG JEFFERSON STREET, LA QUINTA, CALIFORNIA (APN 649-071-010) FOR JEFFERSON STREET IMPROVEMENTS, PHASE 11, PROJECT 2000-19 WHEREAS, the City of La Quinta on August 17, 2004 adopted Resolution No. 2004-091 declaring the public interest and necessity of acquisition of property located along Jefferson Street, La Quinta, California (APN 649-090-010, 649-090- 01 1, 649-080-013 and 649-071-010) for Jefferson Street Improvements, Phase II, Project 2000-19. The City Council of the City of La Quinta desires to amend the Resolution to consider acquiring in fee that property known as APN 649-071-010. WHEREAS, the City of La Quinta has been investigating potential acquisition of property located along Jefferson Street, in the City of La Quinta, bearing Riverside County Assessor Parcel No. 649-071-010, and more specifically described and depicted in the legal descriptions and maps attached hereto as Exhibit 'A" which is incorporated herein by reference ("Property"); and WHEREAS, the City has been investigating the potential acquisition of this Property for the widening of Jefferson Street, specifically the Jefferson Street Improvement, Phase II, Highway 111 to Indio Boulevard, Project 2000-19 ( "Project"); and WHEREAS, on November 16, 2004, after no less than 15 days written notice to the record owners of the Property, as shown on the title information obtained by the City, and the last equalized assessment roll, the City Council of the City of La Quinta held a public hearing for the purpose of considering, and allowing the record owners of the Property a reasonable opportunity to appear and be heard on, all of the following matters: A. Whether the public interest and necessity require the Project; B. Whether the Project is planned or located in a manner that is most compatible with the greatest public good and the least private injury; C. Whether the Property proposed to be acquired is necessary for the Project; 119/015610-0008 554141.01 al1/10/04 608 Resolution 2004- Jefferson Street Widening Project Phase II - Resolution of Necessity Adopted: November 16, 2004 Page 2 D. Whether the offer required by Government Code § 7267.2 has been made; and E. Whether the City has properly exercised all of its statutory responsibilities and duties antecedent to the legal exercise of eminent domain against the Property; and WHEREAS, the City Council has received various factual information bearing upon each of the matters referenced above, including but not limited to, the representations made within, and evidence attached to, the staff report prepared by staff for consideration in connection with the hearing; and WHEREAS, the City Council, as a result of such hearing, has determined that the public 'health, safety, and welfare require that the City acquire fee interest in the Property for the purposes of the widening of Jefferson Street; and WHEREAS, the Project was originally reviewed and approved under the California Environmental Quality Act ("CEQA") in the 1999 Initial Study/Mitigated Negative Declaration SCN 99031046 ("1999 IS/MND"), which was certified by the City Council on May 18, 1999, in City Council- Resolution No. 99-66; and WHEREAS, on August 19, 2003, the City Council adopted Resolution No. 2003-076, wherein it certified an Addendum to the 1999 IS/MND. The Addendum updated the information about the project and found that the project will cause no effects on the environment that cannot be reduced to a level of insignificance based on the mitigation measures adopted in connection with the 1999 IS/MND. The Addendum further supports that the project modifications that have occurred since 1999 would not result in significant environmental impacts. The Addendum was prepared in accordance with CEQA Guideline 15162, and concludes that no further environmental review is necessary for the acquisition of right-of-way and the construction of the proposed roadway improvements; and WHEREAS, on August 20, 2003, the City filed a Notice of Determination regarding the certification of the Addendum with the Riverside County Clerk, in compliance with Section 21 152 of the Public Resources Code; and WHEREAS, in considering the Resolution of Necessity, the City Council has considered the environmental information contained in the Addendum, along with information in the 1999 IS/MND; and WHEREAS, on August 12, 2003, the Planning Commission considered whether the potential acquisition of the properties along Jefferson Street was consistent with the City's General Plan, in accordance with Government Code Section 65402. The Planning Commission concluded that the acquisitions of the 119/015610-0008 C O (] J 554141.01 al 1/10/04 v 9 Resolution 2004- Jefferson Street Widening Project Phase II - Resolution of Necessity Adopted: November 16, 2004 Page 3 properties would be. in conformity with the General Plan, and adopted Planning Commission Resolution 2003-059 reflecting such findings; and WHEREAS, on November 18, 2003, the City adopted the Relocation Plan for the Jefferson Street Widening Project, Phase ll, La Quinta, California, prepared by Overland, Pacific & Cutler, Inc. The Relocation Plan has been transmitted to the California Department of Housing and Community Development; and WHEREAS, the City of La Quinta is authorized to acquire the Property for street improvement purposes under the authority of its own charter, and under the authority granted by Government Code Sections 37350.5 and 40404. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The recitals set forth correct are true and correct and are adopted as the findings of the City Council. 2. The Project for which the acquisition of the Property is required is the Jefferson Street Improvement, Phase II, Highway 111 to Indio Boulevard Project, Project 2000-19. The project will include the widening of Jefferson Street from two lanes generally to a six -lane, arterial highway, with a typical 120' cross- section. 3. The Property to be acquired is located within the City of La Quinta, County of Riverside, State of California, located along Jefferson Street, in the City of La Quinta, bearing Assessor Parcel No. 649-071-010. The Property the City seeks to acquire consists of the following: a. Fee simple title to approximately 1 129 square feet of land as to APN No 649-071-010, more specifically described in the legal description attached hereto as Exhibit "A" and depicted in the map attached as Exhibit "B." Excepting and reserving from all of the above all oil, gas, hydrocarbon substances and minerals of every kind and character lying more than 500 feet below the surface of said land, together with right to drill into, through and to use and occupy all parts of said land lying more than 500 feet below the surface thereof for any and all purposes incidental to the exploration for and production of oil, gas, hydrocarbon substances or minerals from said other lands or, but without, however, any right to use either the surface of said land or any portion of said land within 500 feet of the surface for any purpose or whatsoever, as reserved in deeds of record. 4. The public interest and necessity require the Project, in that it is consistent with the City's General Plan, and specifically the City's Circulation 119/015610-0008 610 6 554141.01 all/10/04 Resolution 2004- Jefferson Street Widening Project Phase II - Resolution of Necessity Adopted: November 16, 2004 Page 4 Element. The City Council hereby adopts the findings set forth in Planning Commission Resolution 2003-059. Pursuant to the Coachella Valley Area Transportation Study, the Valley's population is one of the fastest growing areas in Southern California and expected to increase. . This project is necessary to accommodate the projected growth and population increase and accommodate safe traffic movements. 5. The Project is located in a manner most compatible with the greatest public good and the least private injury, in that the improvements will include the widening of Jefferson Street from two lanes to a six -lane arterial highway providing much needed additional traffic handling capacity over the Jefferson Street arterial to accommodate both present and future traffic demands. The proposed Project will also widen and construct a multiple span, all-weather bridge over the Whitewater River that will provide greater vehicular safety, including during flood events, and providing additional opportunities for wildlife movement and habitat access. The proposed Project will result in the least private injury in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to maintain the continuity of the alignment of the road for all users. The Property to be taken for the project is necessitated and established by the street alignment in an effort to minimize any disproportionate burden or impact of the required property being taken from individual property owners. The Project is designed in a manner compatible with the greatest public good in that the Project will involve road widening so as to improve an important link between Highway 1 1 1 and 1-10. 6. The Property to be acquired is necessary for the Project, in that the Project is designed to relieve regional traffic congestion and improve the capacity of the street which will require continuity in the roadway alignment and traffic handling capacity of the streets, and continuity of alignment requires the roadway expansion to occur immediately adjacent to the existing right of way. 7. The offer required by Government Code Section 7267.2 has been made to the owner of record, by way of letters dated June 3, 2004, June 8, 2004 and July 27, 2004. City staff has attempted to negotiate with the record owners and their representatives subsequent to the issuance of these offers, but the negotiations have not proved successful in securing the necessary property interests. 8. Notice of the Resolution of Necessity hearing was provided to the owners of record by way of mailed, written notices sent on July 26, 2004, August 2, 2004 and October 29, 2004. 9. To the extent any of the Property to be taken herein is devoted to a public use, the City finds that the proposed use for the Property is compatible with, 119/015610-0008 7 554141.01 all/10/04 611 Resolution 2004- Jefferson Street Widening Project Phase II - Resolution of Necessity Adopted: November 16, 2004 Page 5 or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure Section 1240.510 and 1240.610. 10. The City Council hereby declares its intent to acquire the Property in the City's name in accordance with the provisions of the laws of the State of California. 11. The Project has been reviewed and approved under CEQA through the 1999 IS/MND and the Addendum thereto. The. City finds that as reflected in the Addendum, that there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternatives which has become available, and no subsequent changes have been proposed in the Project which would require further environmental review. 12. The law firm of Rutan & Tucker, LLP, City Attorney for the City of La Quinta ("City Attorney"), is hereby authorized and directed to prepare and prosecute in the name of the City such proceedings in a court having proper jurisdiction thereof, as may be necessary for the acquisition of the Property described herein, including without limitation, seeking prejudgment possession of such Property, and to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of the City Attorney to acquire the Property for the City. Such attorneys are specifically authorized to take whatever steps and/or procedures as are available to them under the Eminent Domain Law of the State of California, relating to acquisition of the Property. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held this 16th day of November, 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD 0. ADOLPH, Mayor City of La Quinta, California 119/015610-0008 v 554141.01 all/10/04 612 Resolution 2004- Jefferson Street Widening Project Phase II - Resolution of Necessity Adopted: November 16, 2004 Page 6 ATTEST: JUNE S. GfREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHEFRINE JENSON, City Attorney City of La Quinta, California 119/015610-0008 � 13 9 554141.01 all/10/04 Resolution 2004- Jefferson Street Widening Project Phase II - Resolution of Necessity Adopted: November 16, 2004 Page 7 Exhibit A Legal Description The real property and improvements thereon situated in the State of California, County of Riverside, City of La Quinta, are described as follows: Lot 19 of Tract 2190, as Shown by Map on File in Book 41, Pages 55, 56 and 57 of Maps, Records of Riverside County, California. Excepting Therefrom the South 35 Feet of Said Lot 19. Also Excepting Therefrom the Following Described Property: Commencing at the Northwest Corner of Lot 18 of Said Tract; Thence South 0° 04' 39" East, 18.71 Feet to the True Point of Beginning; Thence South 0° 04' 39" East, 95.00 Feet; Thence North 89° 55' 21 ", 100.00 Feet to the East Line of Said Lot 19; Thence North 0° 04' 39" West, 95.00 Feet; Thence South 89° 55' West, 100.00 Feet, to the True Point of Beginning. APN 649-071-010 119/015610-0008 n 554141.01 all/10/04 614 V Resolution 2004- Jefferson Street Widening Project Phase II - Resolution of Necessity Adopted: November 16, 2004 Page 8 Exhibit B r �t dr •. M r ft OP do • 4w e may,.► +? �. } CAMAL �+� Tv Arun EXHIBIT B 21 119/015610-0008 554141.01 all/10/04 615 11 ATTACHMENT 1 RESOLUTION NO. 2004-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PORTIONS OF PROPERTY LOCATED ALONG JEFFERSON STREET, LA QUINTA, CALIFORNIA (APN 649-090-010, 649-090-011, 649-080-013 AND 649-071-010) FOR JEFFERSON STREET IMPROVEMENTS, PHASE 11, PROJECT NO. 2000-19 WHEREAS, the City of La Quinta has been investigating potential acquisition of portions of property located along Jefferson Street, in the City of La Quinta, bearing Riverside County Assessor Parcel Nos. 649-090-010, 649-090-011, 649- 080-013 and 649-071-010, and more specifically described and depicted in the legal descriptions and maps attached hereto as Exhibits "A" through "J ", which are incorporated herein by reference ("Property"); and WHEREAS, the City has been investigating the potential acquisition of portions of these Properties for the widening of Jefferson Street,- specifically the Jefferson Street Improvement, Phase II, Highway 111 to Indio Boulevard, Project No, 2000-19 ("Project"); and WHEREAS, on August 17, 2004, after no less than 15 days written notice to the record owners of the Property, as shown on the title information obtained by the City, and the last equalized assessment roll, the City Council of the City of La Quinta held a public hearing for the purpose of considering; and allowing the record owners of the Property a reasonable opportunity to appear and be heard on, all of the following matters: A. Whether the public interest and necessity require the Project; B. Whether the Project is planned or located in a manner that is most compatible with the greatest public good and the least private injury; C. Whether the Property proposed to be acquired is necessary for the Project; D. Whether the offer required by Government Code § 7267.2 has been made; and E. Whether the City has properly exercised all of its statutory responsibilities and duties antecedent to the legal exercise of eminent domain against the Property; and 119/015610.0008 529168.01 SM13/04 616 12 i ResoNR0on No. 2004491 Jeffm" Street Widening Project Phase 0 ResohMm of Necesdty Adopted; August 17. 2004 Page 2 WHEREAS, the City Council has received various factual information bearing upon each of the matters referenced above, including but not limited to, the representations made within, and evidence attached' to, the staff report prepared by staff for consideration in connection with the hearing; and WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety, and welfare require that the City acquire fee interest in a portion of the Property for the purposes of the widening of Jefferson Street; and WHEREAS, the Project was originally reviewed and approved under the California Environmental Quality Act ("CEQA") in the 1999 Initial Study/Mitigated Negative Declaration SCN 99031046 V' 1999 IS/MND"), which was certified by the City Council on May 18, 1999, in City Council Resolution No. 99-66; and WHEREAS, on August 19, 2003, the City Council adopted Resolution No. 2003-076, wherein it certified an Addendum to the 1999 IS/MND. The Addendum updated the information about the project and found that the project will cause no effects on the environment that cannot be reduced to a level of insignificance based on the mitigation measures adopted in connection with the 1999 IS/MND. The Addendum further supports that the project modifications that have occurred since 1999 would not result in significant environmental impacts. The Addendum was , prepared in accordance with CEQA Guideline 15162, and concludes that no further environmental review is necessary for the acquisition of right-of-way and the construction of the proposed roadway improvements; and WHEREAS, on August 20, 2003, the City . filed a Notice of Determination• regard!ng the certification of the Addendum with the Riverside County Clerk, in compliance with Section 21152 of the Public Resources Code; and WHEREAS, in considering the Resolution of Necessity, the City Council has considered the environmental information contained in the Addendum, along with information in the 1999 •IS/MND; and WHEREAS, on. August 12, 2003, the Planning Commission considered whether the. potential acquisition of the properties along Jefferson Street was consistent with the City's General Plan, in accordance with Government Code Section 65402. The Planning Commission concluded that the acquisitions of the properties would be in conformity with the General Plan, and adopted Planning Commission Resolution 2003-059 reflecting such findings. WHEREAS, on November 18, 2003, the City adopted the Relocation Plan for the Jefferson Street Widening Project, Phase II, La Quinta, California, prepared by Overland, Pacific & Cutler, Inc. The Relocation Plan has been transmitted to the California Department of Housing and Community Development. 119/015610-0008 529163.01 &OV13/04 617 13 Resoiu00n No. 2004-091 JefferUm Street Wklening Project Phase II Resolution of Necessky Adopted: August 17, 2004 Page 3 WHEREAS, the City of La Quinta is authorized to acquire the Property toe street improvement purposes under the authority of Its own charter, and under authority granted by Government Code Sections 37350.5 and 40404. NOW, THEREFORE, BE IT RESOLVED by the City Council of the. City of La Quinta, California, as follows: 1. The recitals set forth correct are true and correct and are adopted as the findings of the City Council. 2. The Project for which the acquisition of the Property is required is the Jefferson Street Improvement, Phase II, Highway 111 to Indio Boulevard Project, Project No. 2000-19. The project will include the widening of Jefferson Street from two lanes generally to a six -lane, arterial highway, with a typical 120' cross- section. 3. The Property to be acquired is located within the City of La Quinta, County of Riverside, State of California, located along Jefferson Street, in the City of La Quinta, bearing Assessor Parcel Nos. 649-090-010, 649-090-011, 649 08 - 013 and 649-071-010. The Property the City seeks to acquire consists o fthe following: a. A perpetual exclusive easement for public right-of-way and roadway purposes, including all use of the Property for purposes incident no public right-of-way use, including but not limited to the above construction, maintenance, and operation of a roadway, underground a 9 utilities and appurtenances, cable communication or telecommunication facilities, directional, street identification, or motorist or pedestrian informational signage, traffic control devices, curbs, gutters, sidewalks, landscaping, drainage and sewage facilities, and transportation facilities such as bus bays, benches, bus or train stops, bicycle pathways ,or facilities for railway or other public transportation vehicles .or manners of conveyance of approximately 1,696 square feet of land as to. APN Nos. 649-090-010 and 649-090-011, more specifically described in the legal description attached hereto as Exhibit "A" and depicted in the map attached as Exhibit approximately 5,476 square feet of land as to APN No. 649-080-013 • more specifically described in the legal description attached hereto as Exhibit "C9 and depicted in the map attached as Exhibit "D"; and approximately 1129 square feet of land as to APN No. 649-071-070, more specifically described in the legal description attached hereto as Exhibit "E" and depicted in the map attached as Exhibit "F". 119/015610-0008 529168.01 a08/13/04 618 14 Resolution No. 2004-091 � II Jsffsrson stnat WI&Wng PrO1W Resolution of Neces*V Adopud: August 17, 2004 Page 4 b. Temporary construction easements over approximately 4,590 square feet of Property, as to APN No. 649-090-010 and 649-090-011, more specifically described in the legal description attached hereto as Exhibit "G" and depicted in the map attached as Exhibit H , 3,375 square feet of al Property as to APN 649-080-013, more specifically described in the legal description attached hereto as Exhibit "I" and depicted in the map attached as Exhibit "J". The temporary construction easements shall consist of the interests described below: Each temporary construction easement is a nonexclusive easement which permits City of La auinta, its officers, employees, and easement area enter upon, occupy and pass over the temporary construe more specifically described , in the legal description attached as deemed reasonably necessary -for all purposes incidental to reconstructing and widening of Jefferson Street in accordance with the approved street construction (the "Project"). The temporary construction easements shall include the right to perform within the temporary construction easement areas, any necessary excavation; grading; earth fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation of private drainage facilities; and deposit of tools, equipment and material for all such necessary activities which are reasonably incidental to the work being performed on said property in connection with the Project. Such incidental activities shall include, but not be limited to, utilizing the temporary construction easement areas for adjusting grade differentials between the planned street and the adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, or such work as may pertain to on -site improvements to render the temporary ..construction easement areas or the larger parcel to which it pertains in the same functional condition -as reasonably practicable to the condition before the Project in terms of access, irrigation, and relation of public right of way improvements to the larger parcel. The temporary construction easements shall not include the right to store any materials or park any vehicles which are not incidental to the work to be performed on site in connection with the • Project, nor to block all vehicular access to the larger parcel of the property of which the temporary construction easement areas are a part, nor exercise the uses of the easement outside of the temporary construction easement areas. connection with the exercise of the temporary construction easement rights hereunder, City shall protect all structures on the temporary construction easement area in place, and shall protect or restore all improvements thereon. 11"15610-" S2916SA1 a0 IYU 619 15 ResaMonl No. 2004-091 Jtffmon street WMenino Prom Phase 11 Rt:oluticn of Nacass" Adopted: jAupst 17, 2004 Past 5 The rights granted hereunder shall commence fourteen (14) days after written notification to the property owner of the commencement of construction of the Project and shall continue in full force and effect until on co constructs written notice to the owner of record that the temporary easement is no longer needed by the City, or twelve (12) months after notice of the initiation of the temporary construction easement, which ever Upon termination of the temporary construction easement, the temporary construction easement area shall be restored to a condition that is the functionally equivalent as is practicable to its condition pined aor to ,nd as commencement of the work, consistent -with the Project as designed to be constructed. 4. The public interest and necessity require the Project, in thatit consistent with the City's General Plan, and specifically the City s iCirculation lanning Element. The City Council hereby adopts the findings set chel aforth Valley Area Commission Resolution 2003-055. Pursuant to the C Coachella rowing areas in Transportation Study, the Valley's population is one of the fa g Southern California and expected to • increase. This project is necessary safe accommodate the projected growth and population increase and accommodate traffic movements. 5. • The Project is located in a manner most compatible with the ode the the test viding public good and the least private injury, in that the improvements will include widening- of Jefferson Street from two lanes to a six -lane arterial Jefferson Street arterial much needed additional traffic handling capacity over to accommodate both present and future traffic demands. The proposed Project will also. widen and construct a multiple span, all-weather bridge overfl ood the Whitewater River that will provide greater vehicular safety, including duringand habitat events, and providing additional opportunities for wildlife movement access. The proposed Project will result in the least private injury in that the a land which design of the roadway widening must of necessity er tom maintain the continuity of immediately adjacent to the existing roadway, The Property to be taken for the project is the alignment of the road for all use any necessitated and established by the street alignment in an effort to minimize efrom disproportionate burden or impact of the required property being to pr operty roperty owners. The Project is designed in a manner compatible with 1 the greatest public good in that the Project will involve road widening so as t improve an important link between Highway 111 and 1-10. 6. The Property to be acquired is necessary for the Project, in that ac �e Project is designed to relieve regional trafficcongestion and improve the capacity i of the street which will require continuity n the roadway alignment -and traffic handling capacity of the streets, and continuity of alignment requires the roadway expansion to occur immediately adjacent to the existing right of way. 119/015610-0008 529168,01 r08/13104 1 s20 0 Resolution No. 2004-091 Phase 11 Jeffenlon Street Wldanin6 Prom Resolution of Necessity Adopted: August 17, 20" Par 6 7. The offers required by Government Code Section 7267.2 been have been made to the owner of record, by way of letters dated June 3, 2004, June 2004 and July 27, 2004. City staff has attempted to negotiate with the record owners ba the and their representatives subsequent to the issuance of these offers, e negotiations have not proved successful in securing the . necessary property interests. 8. Notice of the resolution of necessity hearing was provided 4 and the owners of record by way of mailed, written notices sent on July 26, 200 August 2, 2004. g. To the extent any of the Property to be taken herein is devoted to a public use, the City finds that the proposed use for the Property is compatible with, e or more necessary to, such public use, and that theCity is authorized toacq it the Property pursuant to Code of Civil Procedure Section 1240.510 and 1 0. 10. The City Council hereby declares its intent to acquire the Property in the City's name in accordance .with the provisions of the laws of the State of California. 11. The Project has been reviewed and approved under CEQA through the 1999 IS/MND and the Addendum thereto. The City finds that as reflected in the Addendum, that there have been no subsequent changes with respect to e circumstances under which the Project is to be undertaken, no new informat i6n of substantial importance regarding significant effects or mitigation measures or alternatives which has become available, and no subsequent changes have been proposed in the Project which would require further environmental review. 12. The law firm of Rutan & Tucker, LLP, City Attorney * for the City of La Quinta ("City Attorney'), is hereby authorized and directed to prepare and prosecute in the name of the City such proceedings. in a court' o f Property having the proper jurisdiction thereof, as may be necessary for the acquisition described herein, including without limitation, seeking prejudgment possession of such Property, and to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of the City Attorney eake acquire the Property for the City. Such attorneys are specifically authorized whatever steps and/or procedures as are available to them under the Eminent Domain Law of the State of California, relating to acquisition of the Property. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held this 17th day of August, 2004, by the following vote to wit: 119ro13610.0oos 32910.01 SOV13/04 621 17 Resolution No. 2004-091 Jeffetson street www ft Puojeot Phase it Resolution of Necessity Adopted: August 17. 2004 Page 7 AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None. ABSTAIN: None DONALD O. ADOLP May City of La Quinta, California ATTEST: J GREEK, CMC, Clerk City of La Quinta, California (SEAL). APPROVED AS TO FORM: M. KATHERINE JWSON, City Attorney City of La Quinta, California 119/015610-M 529168.01 a03/13/04- Tft N td Wtlhl lhiR thll lbropailn� M • *A. trw and 001e+� 01 eopy d"adoni doprtooetainir+h_,._ w• VAfth it an fft IR the OMW of tft C" `� �•`'`.�`." a.*of*aCkydLa**ftC ' th�ted:jia]APO-4- C" CWk 622 18 01-01-2004 0401PM FROW RBt= CONSULTING 74-410 Highway 111 Palm Desert, CA 02260 JEFFERSON STREET F46H 43F-WAY (APN t349490.010 end 640-M-011) T-1T2 P.001/010 F-111 January 21, 2004 JN 20.100307-M Page 1 of 1 Those certain potions of land situated in the City of La Quints. County of Rivarside. State of CarfwUj being pordorts of the norttw wt quarter of 20, Township 5 South, Renee 7 East San Bernardino Meridian, described as Parcel 10 In the Grant Deed n=wded January 20, 2000 as Instrument No. ?AOG-OCt0204 and the land desat ed in the Grant Deed recorded May 24. 2WO es instrument No. 2000-198208, both of Official Records in the Office of the County Recorder of raid RKerslde County, Cdfornia, included within a strip of land 18.00 feet wide, the westerly line of which Is deacr bed as fWkwm: A tine parallel with and 44.00 feet eastsdy of the 0e0teribw Of Jefferson Street as shown on the map of Parcel Map No. 28469 filed in Book 192, Pages 53 through 57 of Parcel Maps in said Office .of the County Recorder. Said strip of land shall be lengt NMW or shortened so as to terminate northerly In the southerly Lie of Lot 31 Trod No. 2190 as shown on a map tiwceof flied in Bo& 41. Pages 66through67of Maps in the said Office orthe County Recorder and soutt" In the aouM*dY One of said Parcel 10 as described in said Grant Deed recorded January 20, 2000 as inswurnent No. 2000.020204. CONTAINING: 1,696 square Feet. ' EXHIBIT "8" attached and by this reference made a part hereof. SUBJECT TO all Covenants, Rights, Rights-dVay and Easements of Record. This description was prepared by me or under my direction. Levi David Cox,-P.L.S. 7930 !WLMS My license. expires 12/31/05 we. "So r2/W� M.�Pp�►TA�t00007L1aIAA�MQrK70ftp0lS..pO EXHIBIT - - 15 623 19 88-00-2004 04: 11 PM FAMI- INDICATES R.O.W. FOR .#ffRSON STREET 1,696 S.F. T-0TZ P.010/010 F-111 t ' t o � co ` N cr) ! a. LOT 31 Is TRACT MAP NO. t � 2190 ' MB 41 / 55-57 0 ¢• t sot f i a / --' 000 CIL FIRS ?A _ l ` 1 44, PARCEL 10 ! 11yST.NO. 2000-020204 O.R. u �� 16 ' / I of U 3. 4 ! NW 1 /4 SECTION 28 ! T.5S, R.7E, S.B.M. ent u ! tL ! SHEET 1 OF 1 SHEET PLAT TO ACCOMPANY A LEGAL DESCRIPTION r.ww«aMs • �eaww • eaMas��aw FOR: JEFFERSON STREET "no w o"m 1� 6 awe RIGHT-OF—WAY r'w''°m°"r•c"`raan'm'°�' APN 649-090-010, 649-090-Q11 aoNau�TiNo xo.�.aw • ti,�►�a,r�t • .�«�. ( ) jANuARY 21. 2004 .t 20-100307-Mg EXHIBIT 8 624 20 01-01-2004 04:01PM FROIt- T-1T2 P.002/010 F-111 RBF CONSULTING 74.410 Highway 1 I I Palm Desert, CA 92260 September 17, 2003 JN 20-100307 M6 Page 1 of 2 JEFFERSON STREET RIGHT-OF-WAY A.A.N. * 648-080-013 That certain portion of land situated In the City of La Quinta, County of Riverside. State of California. being a Portion of the west one-half of the northwest quarter of Section 28, Tow "p 6 South, Range 7 East, Son no Meridian, descr[W as Parcel 10 in a Grant Deed recorded May 25, 2000 as Instrument No. 2000-198208 of Offs" Records in the Office of the County Recorder, more paf*x tafly described as follows: COMMENCING at the centerline intertectiort of Westward Ho DM and Jefferson Street, also being the northwest corner of said Section 28; thence along the centerline of said Jefferson Sueet, South 00OW13" East 53.02 feet; . thence at right angles North 89.W4r East 44.00 feet, to a point on the eastefty Right4.Way of .tefferson Street, also being the TRUE POINT OF BEGINNING; thence along a line parallel to and 44.00 feet easterly of said centerline of Jefferson street, South W061r East 306.98 feet to a point on a tangent curve concave northeasterly and having a radius of 20.00 feet; thence along said curve southeasterly 31 A2 feet through a central angle of MOW; thence tangent from said curve and abng a fine parallel to and 25.00 feet north of the centerline of Palm Circle Drive, North 89'svr East 6.00 feet; thence North 46013"37" West 13.87 feet, to a line parallel to and 60.00 feet east of said centerline Of Jefferson Street; thence along said line North 00.0&13" West 327.76 feet; thence North 46`01'36- East 13.88 feet to a One parallel to and 33.00 feet south of the centerline of Westward Ho Drive; thence along said fine South 89"5439" West 8.00 feet to a point on a tangent curve concave southeasterly and heving a radius of 20.00 feet; MGM►MTft '0M'wftnWW-Vr Mft'" EXHIBIT C s 625 21 01-01-2004 04:01PN FW1- T-172 P.083/010 H 11 Septemtm 17, 2003 JEFFERSON STREET JN 20-IOCW MG MIGHT OF WAY Pap 2 of 2 thence along said curare 31.42 feet ttxgh a central angle of 90.W5r to the TRUE POINT OF BEGINNING. CONTAINING: 5,476 Square Feet, more or less. E HINT "R" attained and by this referenos made a part hereof. SUBJECT TO as Covenants. Rights. Rights-d-Way and Easements of Reoord. This deecxiptlon VMS propared by no or under my direction. ?woo zoo David ComrP.LS. 7930 w �. My kense ex*n 12131/03.0 rem'"TAaoIooaos «*s 00-00.2004 14:01PY FROM- T-0TZ P.004/010 F-111 �.��. INDICATES R.O.n. FOR JEFFERSON STREET 5.476 S.f. i INDICATES 44' R.O.N. AS DEDICATED PER TRACT NO.2180 RECORDED IN BOOK 41 PAGES 37 TnROuQ" 39 OF MAPS. IN ThE OFFICE OF THE RIVERSIDE COUNTY RECORDER. P.O.C. b r au °LAT TO ACCOMPANY A LEGAL DESCRIPTION FOR RIGHT—OF-1WAY FOR JEFFERSON STREET IN THE CITY OF LA OUINTA C/L WESTWARD HO DRIVE N89'5439"E W O i 2 N / N89'54'39"E i ; Z N89'53 4'E �•, 3 44.00 T.P.0.a. � 44 � f aD Lo f° $.1AJ 1 o a f o- %• ; 60" 4 N89'53'47"E 6 5 h N89'53'47"E _I i C/L PALM CIRCLE DRIVE i N SHEET 1 OF 1 SHEET 'r•�►IvNINA • ifF�/AN ■ ca&sTQYCTION ■ ■ ON C O N IS I.I L71 N Q naa" 74M . �, may ■ . �.N�F.00� DAM SEPTEWR 17. 2003 .ft 20-10030E-ue EXHIBIT D 627 23 LEGAL DESCRIPTION The real property and improvements thereon situated in the State of California, County of Riverside, City of La Quinta, are described as follows: Lot 19 of Tract 2190, as Shown by Map on File in Book 41, Pages 55, 56 and 57 of Maps, Records of Riverside County, California. Excepting Therefrom the South 35 Feet of Said Lot 19. Also Excepting Therefrom the Following Described Property: Commencing at the Northwest Comer of Lot 18 of Said Tract; Thence South 00 04' 39" East, 18.71 "Feet to the True Point of Beginning; Thence South 00 04" 39" East, 95.00 Feet; Thence North 890 55" 21 ",100.00 Feet to the East Line of Said Lot 19; Thence,North 00 04" 39" West, 95.00 Feet; Thence South 890 55" West, 100.00 Feet, to the True Point of Beginning. APN 649-071-010 ' EXHIBIT E 628 24 sob PidMW64W AL Illlllltl:� • , I11111111� � �, • ft&aMMAMVA=ft-AWLw=-AwmoM EXHIBIT F 01-01-2014 Q4;10FM FMI- R13F CONSULTING 74410 Highway 111 Palm Desert; CA 02M AMRSON STREET TEMPORARY CONSTRUCTION EASEMENT (APN 6!49-090-010 and 6494M411) T-IT2 P.IOTAI 0 F-111 January 14, 2004 JN 20-10=7-57 Pape 1 of 1 Those whin portions of land situsisd In the City of La «uinta, County of Riverside, state of Cai n kL being portionsaf the northwag quarter bf Section 28, Town d* 5 South, Range 7 East, San Barodtno Meridiam desaWed as Parcel 10 In to Grant Deed recorded January 20f =0 as lnstnnnar t MM 2000.02M and the land dasaibad in the Grant Deed recorded May 24, =0 as Instnunent No. 2000-198208, both of Official Ramds in ttte Office of tha County Recorder of said Riverside County, Califorrtis, Wwkx eel wit a strip of land 41.00 feet wide, the westerly arts of vA*;h is described as follows: A Nns pataNel with told 60.00 feet asstarty of the centerline of Jefferson Street as shown on the map of Patnet Map No. 26469 toed in Book 192, Pages 53 t v=Qh 57 of Parcel Maps In said Office of the Comity Recorder. Said strip of land WW be leng0tane-or shortened so as to temfMie norg*dy in the soUthe* fine of Lot 31 Tract No. 2190 as stlown on a trap thweof fled in Book r41v Pages 55 t laugh 57 of IMPS In the said Office of the Courtly Recorder and southerly in the southerly Erne of said PMVM 10 as described In said Grant peed recorded Jarwary 20, 2000 as Instrument No. 200042=4. CONTAINING: 4.690 Square Feet. EX NBIT "B~ Mac fed and by 2* reference made a part he e . SUBJECT TO al Covenants. Rights, Rghtrrd-way and Easements of Record. This descxiptiort was propmed by me or under my direction. LaA David t^.OK. .L.S. 7930 �r My loans* expires 12131105 wo.>rtae Mil"TAM0000 �0a EXHIBIT G UM 26 01-00-2004 14:IOPN FW T-ITZ P.001/010 F-111 / INDICATES T.C.E. FOR i "FERSON STREET 4,590 S.F. I i F 0 b , co I I P4 , I ,co , QZm I LOT 31 I TRACT MAP NO. 2190 M8 41 / 55--57 1g�� 44DNW ' -- 60 ' PARCEL 10 . man ____ -""o..,� � � � � iNST.NO. �� , . 2000 —0 20 204 O.R. co � L7 414 t� 0 1 1 1 Z 9 i v0.1 0) I I NW 1 /4 SECTION 28 I T.5S, R.7E, S.B.M. U I 1 R. Sl-M 1 OF 1 SHEET PLAT TO ACCOMMY A AGAR OCSCRIPTION MR.- •bn..Mfta � «s.a•. • • .1EfFERSON STREET JRBF TEMPORARY CONSTRUCTION EASEMENT ,...ei.. (APR 649-090-010, 649-090-011) coNauLtINo Iaa"rw:rmmwm �:wowma '� .BAN LURY 14. 2004 -ft 20-100307-5 EXHIBIT H 631 27 01-00-2004 04:81PM FROrt- RBF CONSULTING 7+410 Highway 111 Pidm Desert, CA 92250 T-172 P.00010 F-111 September 179 2003 JN 20400307 M6 Page 1 of 1 JEFFERSON STREET' TEMPORARY CONSTRUCTION EASEMENT A.P.N. 0 649- "13 That c~ portion of land situated In the C!y of La Ouk ta, Courtly of Rlv�e�rside, state of California, being a potion of the west one-half of the northwest quern of Sec dort 28, Township 5 South, Range 7 Eat, San Bernardino Meridian,, described as Parcel 10 In a Grant Deed ne=ded May 25, 2000 as Instrument No. 2000-188208 of Official Reoords In the Ofrice of the County Recorder, being a strip of land 10.00 feet in width, the easterly Ine ds=t ed as follows: COMMENCING at the centerline I owsection of Westward Ho Drive and Jefferson Street, also being the northwest comer of said section 28; thence aWQ the caerttertate of said Jefferson Street,.South 00'06s1 r East 33.02 feet; thence at right angles North 89OW4r East 70.00 feet, to a pant on the southerly �•-' Rlglht-ot Way of Westward Ho Drives Aso being the POINT OF BEGINNING; . •�i thence along a line parallel to and 70.00 feet easterly of said centedine of Jefferson Street, South 008WI W East 348.98 feat to a point on the northerly right -of way of Palm Ckdee Drive, said point being the POINT OF TERMINATION. EXCEPTING THEREFROM that portion Iying within Jefferson Sweet. 60 foot half width, Westwa d Ho Drive, 33 Foot W width, Patin Circle Drive, 25 foot half width. CONTAINING: 3.376 Square Feet, mono or less. EXHIBIT "B" attac:hoO and by this reference made a part hereof. SUBJECT TO an Covenants, Rights, Rights -of -Way and Es"ments of Record. This description was prepared by me or under my direction. --- Levi Dam C64 P.L.S. 7950 My license expires 12t31/03. nN'QAT/MIIOt EXHIBIT I Ls O.TM sM It-W-03 632 28 , 0/-00-2004 04:10PM FROM- i' 001CATES T.C.E. FOR / i * JEFFERSON STREET 3.375 S.F. i INDICATES 44' R.O.t. AS MICATED PER TRACT NO.2180 RECORDED IN BOOK 41 PAGES 37 TH OUW 39 OF MAPS. IN Tt1E OFFICE OF THE COUNTY RECORDER. COUNTY OF RIVERSIDE. DATA TABLE BEALNG/DELTA RACIuS I i..ENGtn t '13" -- 33.02' 2 N89053'47"E -- 70.00' f PLAT TO ACCOMPANY A LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT FOR JEFFERSON STREET IN THE CITY OF LA QUINTA T-172 P-008/010 F-111 C/L INT. C/L WESTWARD HO ORIVE .. - N89'54'WOE T . P . 0.19 . C2) N89 54 ' 39 E I of, 1� �k� as ' -tip �gI I t0 1 � � t W s M j r o t / 1 60' CA 10' t � 1 I � N N89'53'47"E C/L PALM CIRCLE DRIVE SHEET 1 OF 1 SHEET fMF fI.ANNIHq • Oti�ON i COM MUCTiQ00 ■ ■ a 74-40HOMWAt ■ DOWCONSULTINC3 MAW qaf 00. ofteft DATE. SEPTEWXR 17, 2003 -ft 20-1003074A EXHIBIT,! II 4 C 9 29 633 ATTACHMENT 2 COUNCHAMA MEETING DATE: August 17, 2004 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution Declaring the Public Interest and Necessity of Acquisition of Property Located Along Jefferson Street, La Quinta, California (APN 649-090-01.0, 649-090-011, 649-080-013 and 649-071-010), for Jefferson Street Improvements, Phase II, Highway 111 to Indio Boulevard, Project No. 2000-19 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Conduct a public hearing and adopt a Resolution of the City Council declaring the public interest and necessity of the acquisition of a portion of the property located along Jefferson Street, La Quinta, California (APN 649-090-010, 649-090-011, 649- 080-013 and 649-071-010) . FISCAL IMPLICATIONS: The appraised fair market value of the property proposed for acquisition is a total of $ 50,090.00. Additional costs will be incurred in legal fees, appraisal fees and court costs relating to the initiation of eminent domain proceedings if the Resolution is approved and the matter proceeds to court. The proposed Jefferson Street Phase II improvements are funded in accordance with the Reimbursement Agreement and Memorandum of Understanding between the City of La Quinta, the City of Indio, the County of Riverside, and the Coachella Valley Association of Governments (~CVAG"), as amended. The overall project costs for the Phase II improvements are estimated at $16,700,000. CVAG has agreed to pay 75% of these costs. The remaining 25% will be paid by the jurisdiction in which the improvements are constructed. The City of La Quinta's funding contribution (25% of the project costs within its jurisdiction) is estimated at $2,797,250. Of this amount, the City has been provided a credit in the amount of $963,000 from State Transportation Improvement Program funding obtained by the City to offset the costs of the newly included bridge across the Whitewater River. The City has also been provided a credit in the amount of $1,647,184 as repayment for the regional share advanced by the City for the Washington Street Improvements. The City shall be responsible to repay any balance of its portion of the proposed improvements minus its credit in the amount of $2,610,184. Considering the City's estimated costs are 6 30 34 $2,797,250, the City's out-of-pocket share will be approximately $186,466. However, the City's actual contribution will be calculated based upon the project's final costs. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Subject to the City Council's approval, staff, recommends adoption of a Resolution of Necessity to authorize acquisition of a portion of the property located at the northwest corner of Miles Avenue and Jefferson Street , within the city limits of the City of La auinta. The property is to be utilized for the widening of Jefferson Street, Project No. 2000-19. This property was appraised by Michael A. Scarcella, MAI, of Capital Realty Analysts. Mr. Scarcella reviewed the applicable market data, identified and analyzed relevant comparable sales, and as of the date of value (January 1, 2004, and May 15, 2004), the fair market value of the property was a total $ 50,090.00. Legal descriptions of the portions of the property referenced in the proposed acquisition are attached to the Resolution as Exhibits A through J. Staff obtained title information reflecting the vesting of the property from Chicago Title Company, and an offer to purchase a portion of the property for the full amount of the appraised value was sent to the record owners on June 3, 2004, June 8, 2004 and July 27, 2004. The offer letters transmitted all comparable sales upon which the appraiser based his opinion of value and the relevant parts of his, appraisal report. Copies of the offer letters, without attachments, are provided as Attachments 1-3. Staff, the City's right-of-way consultant (Overland, Pacific & Cutler, Inc.), and the City Attorney have communicated with the owners in an attempt to review any information the owners may have regarding value, and to work towards the goal of reaching an agreement on the transfer of the property by way of a negotiated acquisition. As of the date of this report, no such agreement has been reached. As such, staff is now recommending the City Council consider and adopt a Resolution of Necessity, authorizing acquisition of the property by exercise of eminent domain. Under Code of Civil Procedure Section 1245.220, the City may not commence an eminent domain proceeding until the City Council has adopted a "Resolution of Necessity." As a part of the Resolution, the City Council must find and declare each of the following: 1. The public interest and necessity require the proposed project. 635 31 2. The proposed project is planned or located in the manner that would be most compatible with the greatest public good and the least private injury. 3. The property described in the Resolution is necessary for the proposed project. 4. An offer meeting the requirements of Government Code Section 7267.2 has been made to the owner of record. The owners of the property are entitled to be heard on this subject, and on the issue of whether the City has followed all other procedures and is otherwise authorized to acquire the property by exercise of eminent domain. Notice to the property owners of this Resolution of Necessity hearing, and the subjects to be considered and proposed to be determined, was sent to ' the record owners on July 26, 2004 and August 2, 2004. A copy of these notices is provided as Attachments 4 and 5. As of this date, the City has been advised the property owners wish to address the Council relating to this hearing. The Public Interest and Necessity Require the Proposed Project The acquisition of the property is proposed for the Jefferson Street Improvement Project, Phase ll, Highway 111 to Indio Boulevard, Project 2000-19. The project will include the widening of Jefferson Street from two lanes to a six -lane, arterial highway, with a typical 120' cross-section. A diagram showing the extent of the project is submitted herewith as Attachment 6.. Staff believes that the public interest and necessity require the Jefferson Street Improvement project. A traffic analysis was conducted by Mr. Robert Ross, P.E., of RBF Consulting, a copy of which is included as Appendix 8.1 of the 1999 Initial Study/Mitigated Negative Declaration for the project, which is being transmitted to the City Council under separate cover. Pursuant to the Coachella Valley Area Transportation Study, the Valley is one of the fastest growing areas in Southern California, and is expected to increase to over 312,000 by the year 2010. The project is necessary to accommodate the projected growth and population increase and to accommodate safe traffic movements. Staff concurs with Mr. Ross' assessment. The Proposed Project Is Planned or Located In the Manner That Will Be Most Compatible With the Greatest Public Good And The Least Private Injury The improvements will include the widening of Jefferson Street from two lanes to a six -lane arterial highway, providing much needed additional traffic handling capacity over the Jefferson Street arterial to accommodate both present and future traffic demands. The widening of Jefferson Street is designed to relieve regional traffic congestion and improve the capacity of the street, which will require continuity in the roadway alignment and traffic handling capacity of the street. The project also improves an important linkage to Highway 111 and the 1-10 for existing and proposed residential, commercial and resort uses in La auinta and Indio. 636 32 The project will also widen and construct a multiple span, all-weather bridge over the Whitewater River that will provide greater vehicular safety, including enhanced safety during flood events. In addition, the bridge will provide additional opportunities for wildlife movement and habitat access. The project will result in the least private injury because the right-of-way being acquired is limited to properties immediately adjacent to the existing roadway. These facts support the finding that the project is designed in a manner compatible with the greatest public good and the least private injury. The Property Described In the Resolution Is Necessary For the Proposed Project The public interest and necessity require the Project, in that it is consistent with the City's General Plan, and specifically the City's Circulation Element. Pursuant to the Coachella Valley Area Transportation Study, the Valley's population is one of the fastest growing areas in Southern California and expected to increase. This project is necessary to accommodate the projected growth and population increase and accommodate safe traffic movements, and to maintain the continuity of alignment must of necessity utilize property adjacent to the existing right of way. Other Requirements The project has been reviewed and approved under the California Environmental Quality Act ("CEQA"). Originally, the project was reviewed in the 1999 Initial Study/Mitigated Negative Declaration SCN 99031046 ("1999 IS/MND"), which was certified by the City Council on May 18, 1999, in City Council Resolution No. 99-66. On August 19, 2003, the City Council adopted Resolution No. 2003-076, wherein it certified an Addendum to the 1999 IS/MND. The Addendum updated the information about the project and found that the project will cause no effects on the environment that cannot be reduced to a level of insignificance based on the mitigation measures adopted in connection with the 1999 IS/MND. The Addendum further supports that the project modifications that have occurred since 1999 would not result in significant environmental impacts. The Addendum was prepared in accordance with CEQA Guideline 15162, and concludes that no further environmental review is necessary for the acquisition of right-of-way and the construction of the proposed roadway improvements. On August 20, 200% the City filed a Notice of Determination regarding the certification of- the Addendum with the Riverside County Clerk, in compliance with Section 21152 of the Public Resources Code. In considering the Resolution of Necessity, the City Council should consider the environmental information contained in the Addendum, along with information in the 1999 IS/MND. Both documents have been distributed to the City Council under separate cover. 33 637 In addition, on August 12, 2003, the Planning Commission considered whether the potential acquisition of the properties along Jefferson Street was consistent with the City's General Plan, in accordance with Government Code Section 65402. The Planning Commission concluded that the acquisitions of the properties would be in conformity with the General Plan, and adopted Planning Commission Resolution 2003- 059 reflecting such findings. A copy of that Resolution is provided as Attachment 7. Lastly, on November 18, 2003, the City adopted the Relocation Plan for the Jefferson Street Widening Project, Phase II, La Quinta, California, prepared by Overland, Pacific & Cutler, Inc. The Relocation Plan has been transmitted to the California Department of Housing and Community Development as required by law. Therefore, all of the legal prerequisites to the adoption of a Resolution of Necessity have been satisfied. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Conduct a public hearing and .adopt a Resolution of the City Council declaring the public interest and necessity of the acquisition of property located along Jefferson Street, La Quinta, California (APN 649-090-010, 649-090-011, 649- 080-013 and 649-071-010), for the purpose of improving Jefferson Street; or 2. Conduct a public hearing and do not adopt of a Resolution of the City Council declaring the public interest and necessity of the acquisition of property located along Jefferson Street, La Quinta, California (APN 649-090-010, 649-090-011, 649-080-013 and 649-071-010), for the purpose of improving Jefferson Street; or 3. Provide staff with alternative direction. Respectfully submitted, mMot hy R o n a s s , P.E. Public Works Direc r/City Engineer 34 638 A pro d for submission y. Thomas P. Genovese, City Manager Attachments: 1. Offer letter 2. Offer letter 3. Offer letter 4. Notice of Resolution of Necessity Hearing dated July 26, 2004 5. Notice of Resolution of Necessity Hearing dated August 24, 2004 6. Project Diagram 7. Planning Commission Resolution No. 2003-059 fF 639 3 5, ATTACHMENT 3 P.O. Box 1504 La Quints, CA 92247-1504 79-495 Calle Tampico La Quinta, CA 92253-1504 October 29, 2004 VIA FACSIMILE AND FIRST CLASS MAIL Supper Club Golf, LLC 80227 Indian Springs Road Indio. California 92201 Attn: Donald Olson Brian Ilarnik, Esq: Roemer. Harnik & Nethery 45025 Manitou Dr Indian Wells. CA 92210 (760) 777-7000 FAX (760) 777-7101 Re: ASSESSOR'S PARCEL NUMBERS 649-071-010 Noticc of Intention To Adopt Amended Resolution Of Necessity For Acquisition Of Certain Real Property Located Along Jefferson Street In La Quinta, California D, ar- Propc;rv, Owner or Tenant: This notice is sent to you under the requirements of California Code of Civil Procedure Section 11_45.235. This notice concerns the City of La Quinta's plans to consider acquiring in fee, by eminent domain, some 1129 square feet of property located in the City of La Quinta, Riverside County Assessor Parcel No. 649-071-010 (the "Property"). As you may be aware from a notice sent to you on July 26, 2004, the City of La Quinta previously considered and passed a resolution of necessity that included the Property, and that authorized acquisition by eminent domain of a perpetual exclusive roadway easement over it. (A. copy of the Resolution, passed August 17. 2004 is attached hereto as Exhibit "A".) City staff has determined that the public interest and necessity require the acquisition of this property in fee, and therefore intends to recommend to the City Council an amendment to its prior resolution, to provide for acquisition of the Property in fee. Please be advised that a hearing on the Amended Resolution of Necessity will be conducted by the La Quinta City Council on November 16, 2004. -rhe City of La Quinta has been investigating the acquisition of this Property for the widening of Jefferson Street. Jefferson Street Improvement, Phase 11. Highway 111 to Indio Boulevard, Project 2000-19 (the "Project"). i 01 AW0.f018 {il l I ttl aI0;19104 640 36 Supper Club Golf LLC Brian Harnik, Esq. October 29, 2004 Page 2 California Cade of Civil Procedure Section 1240.030 provides that a City may exercise the power of eminent domain to acquire property for a proposed public project if the following conditions are established: A. The public improvement and necessity require the project. B. The project is planned or located in the manner that will be most compatible with the great public good and the least private injury. C. The property sought to be acquired is necessary for the project. D. The offer required by Section 7267.2 of the Government Code has been made to the owner of record. E. The City has complied with all other procedural requirements for utilizing the power of eminent domain to acquire the property, including review under the California Environmental Quality Act (',,CEQA"). This notice is sent to inform you that the City Council of the City of La Quinta will be asked to decide it the above conditions have been met, concerning the City's acquisition of the Property in fee. The Public Hearing will be held at or about 7:00 p.m. on November 16, 2004, in the City Council Chambers located at 78-495 Calle Tampico, La Quinta, California 92253, for this purpose. If the City Council finds that these conditions have been met, the City Council will be asked to adopt the amended resolution of necessity, which is a prerequisite for the City's initiation of eminent domain proceedings to acquire the full fee interest in the Property. For your information and convenience, a legal description of the Property is attached to this notice, as Exhibit "B". P 1 ease be advised that you are entitled to appear and be heard on any of the matters encompassed within the resolution, and specifically those matters listed above. You may make this request in writing with the City Clerk of the City of La Quinta, 78-495 Calle Tampico, La Quinta, California 92253. Please take notice that if you wish to legally challenge any action taken by the adoption of the amended resolution of necessity, or any of the findings or matters included ti ithin it. including the City's right to use eminent domain to acquire the Property, you may be limited in court to raising only those issues raised at the resolution of necessity hearing, or in written correspondence delivered to the City prior to the hearing on the matter. The City must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six months after the adoption of a resolution of necessity, the City may commence eminent domain proceedings in the Riverside County Superior Court, Indio Branch. In any such proceeding, the court will be asked to determine the amount of just compensation to which you may be entitled in the event the Property is taken in eminent domain. 541 1 1.01 s i U. 29414 641 31 Supper Club Gulf LLC Brian Harnik, Esq. October 29.2004 Page 3 For N our information. on august 19. 2003. the City Council of the City of La Quinta adopted R,:sOkltion No. 2003-076, wherein it certified an Addendum to Initial Study/Mitigated Negative Declaration for Environmental Assessment 99-378 (State Clearinghouse No. 99031046) - Phase I I Of the Jefferson Street Improvements (segment between Highway I I I and Westward Ho Drive). On August 20, 2003, the City filed a Notice of Determination regarding the certification of the Addendum with the Riverside County Clerk in compliance with Section 21152 of the Public Resources Code. The Addendum found that no effects on the environment are anticipated that cannot be reduced to a level of insignificance as a result of this Project based on the previously certified Mitigation Measures adopted by the City Council on May 18, 1999, under Resolution 99-66. The Addendum further supports that the.Project modifications involved will not result in significant environmental impacts. The Addendum was prepared in accordance with CEQA Guideline 15162. and concludes that no further environmental review is necessary for the acquisition and construction of the proposed roadway improvements. In considering the resolution of necessity, the La Quinta City Council will be asked to utilize this Addendum, along with the original Initial Study/Mitigated Negative Declaration for. Environmental Assessment 99- )78. The Addendum, the Initial Study/Mitigated Negative Declaration for Environmental Assessment 99-378, and Resolution No. 2003-076 are available for inspection and copying at La Quinta City Hall, Public Works Department, located at 78-495 Calle Tampico, La Quinta, California 92253, from 8:00 a.m. to 5:00 p.m., Monday through Friday. In addition. please be advised that on November 18. 2003, the City adopted the Relocation Plan 1'ur the Jefferson Street Widening Project, Phase 11, La Quinta, California, prepared by Overland, Pacific & Cutler, Inc. Copies of the- relocation plan are available for review at the same address noted above. Please understand that neither the pendency of the City's consideration of the resolution of necessity. nor the possible initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of your Property, and the City is most willing to continue such negotiations. 1 f ,. ou have and, comments or questions, please do not hesitate to contact Kathy Jenson, at (714) 641-3413. Thank you for your cooperation in this matter. Very truly yours, �Dx �',6 co� David B. Cosgrove Special Counsel, City of La Quints Attachment — Legal Descriptions 1 i'i� �i I ih 1 u-t1EN�8 I. ��tftt w ala'_9qN 64381 EXHIBIT A 643 39 10129j OK FRI 15:35 FAI 760 777 7107 la Qu nta. City Clerk 4002/014 r-- RESOLUTION NO. 20044)91 '. A RESOLUI76M OF THE 0t"1'Y COMM OF T"r= CITY OF LA MjlH`TA, CAUFt MIA, D90LARING THE PUBLIC INT .SY AND NECEssli'Y OF ACQttib�TION OF ' PORTIONS OF PROPERLY LOCATED ALONG JEFFERSON STREET, LA tlUtNTA, CALIFORNIA JAPN "9-09"10. "9-090-01 1-.. ' sore-o$ao13 AND 649-071-010) FOR JEFFERSON STREET IMPROVEMENTS, PHASE U. PROJECT NO. 2000-19 WHEREAS, the City of La. Quints has been investigating potential acquisition of portions of property boated along Jefferson Street, in the City of la Quinte, bearing Riverside County Assessor PamW Nos. 649-OW010, 649-M-011, 649- 080-019 and 049-071-010, and more specifically described and depicted in the legal doscriptions and maps attached hereto as Exhibits "A" through 'OX, which are Incorporated herein by reference t"Property"}; and WHEMAS, the City has been investigating the potential acquisition of -- portion of threw Properties for the widening of Jefferson Street- spe6fically the Jefferson Street Improvement, Phase 11, Highway 111 t6 Indio Boulevard, Project No. 2000-19 ("Project"); and WHEREAS, on August 17, 2004, after no less than IS days written notice to the record owners of the -Property, as shown on the title informtion obtained by the City, Bind the last equalized assessment rag, . -the City Council of the City of La Ouirita held a public hearing for the purpose of considering, and allowing the record owners of the Property a reasonable opportunity to appear and be heard on, all of the following matters: A. Whether the public interest and necessity require the Project; . B. Whether the Project is planned or located in a manner that is most compatible with the greatest public good and the least private injury; C. Whether the Property proposed to be enquired is necessary for the Project; D. Whether the offer required by Government Code 1 7267.2 has been made; and E. Whether the City has properly exercised all of its statutory responsibilities and duties antecedent to the legal exercise of eminent domain against the Property; and r` r�o�x�.000r srtc �o� ,otn�a 6k4 40 10- 29'2484 FRI 15:40 FkX 764 777 7107 La Quiata, City Clerk �Oa11004 ft""AIW fa. 20"-ftl .06"t" Afteet UAL oi.... N ft"Wdon of 1► ^**Ud: *A%p a 17. 20" P"o2 WHEREAS, the City Council has received various factual information bearing upon each of the matters referenced above, including but not limited to, the represermbons made within, and evidence attached to, the staff report prepared by staff for consideration in connection with the hearing; and WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety, and welfare require that the City acquire fee interest in a portion of the Property for the purposes of the widening of Jefferson Street; and WHEREAS, the Project was originally reviewed and approved under the California Environmental Quality Act .("CEQA *) in the 1999 Initial Study/Mitigated Negative Declaration SCN 99031046 ("1999 IS/MND'), which was certified by the City Council on May 18, 1999, in City Council Resolution No. 99-66; and WHEREAS, on August 19, 2003, . the City Council adopted Resolution No. 2003-076, wherein it certified an Addendum to the 1999 IS/MND. The Addendum updated the information about the project and found than the project will cause no effects on the environment that cannot be reduced to a lever of insignificance based on the mitigation measures adopted in connection with the 1999 IS/MND. The Addendum further supports that the. project modifications that have occurred since 1999 would not result in significant environmental impacts. The Addendum was prepared in accordance with CEQA Guideline 15162, and concludes that no further environmental review is necessary for the acquisition of right-of-way and the construction of the proposed roadway improvements; and WHEREAS, on August 20, 2003, the City ,filed a Notice of Determinatiof regarding the certification of the Addendum with the Riverside County Clerk, In compliance with Section 21152 of the Public Resources Code; and WHEREAS, in oonsidering the Resolution of Necessity, the City Council has considered the enviroranental information contained in the Addendum, along with information in the 1999-IS/MND: and WHEREAS, on August 12. 2003, the Planning Commission considered whother the potential acquisition of the properties along Jefferson Street was consistent with the City's Genera! Plan, in accordance with Government Code Section 65402. The Planning Commission concluded that the acquisitions of the properties would be in conformity with the General Plan, and adopted Planning Commission Resolution 2003-059 reflecting such findings. WHEREAS, on November 18, 200% the City adopted the Relocation Plan for the Jefferson Street Widening Project, Phase il, La Quinta, California, prepared by Overland, Pacific & Cutler, Inc. The Relocation Plan has been transmitted to the California Department of Housing and Community Development. MUM sanim 101?9.10004 FRI 15:40 FAX 760 777 7107 La Quinta. City Clerk 4002/004 ro..ekobw Mo. 2004- a1 JAVW" so"M Prt�ivt M�aM M ftook4 r of Ad"Md, A"a t 17. 200E fto 2 W"EREAS, the City of La Quints is authorized to acquire the Property for street improvement purposes tender the authority of its own charter, and under the authority granted by Governrnent Code Sections 37350.E and 40404, NOW* TIlEREPORE* BE IT RESOLVED by the City Council of the City of La Quints. Califomia, as - follows: I. The recitals set forth correct are true and correct and are adopted as the findings of the City Council. 2. The Project for which the acquisition of the Property Is required is the Jefferson Street Improvement, Phase 11, Highway 111 to Indio Boulevard Project, Project No. 2000-19. The project will Include the widening of Jefferson Street from two lanes generally to a six -lane, arterial highway, with a typical 120' cross- section, 3. The Property to be acquired is located within the City of la Quints, County of Riverside, State of California, located along Jefferson Street, in the City of La Quinta, bearing Assessor Parcel Nos. 649-OW-010, 84"90-011, 649.0600- 013 and 649-071.010. The Property the City seeks to acquire consists of the following: a. A perpetual exclusive easement for public right-of-way and roadway purposes. Including all use of the Property for purposes incident to public right-of-way use, inck4ng but not limited to the construction, maintenance, and operation of a roadway, underground and above ground utilities and appurtenances. cable communication or telecommunication facUldes, . directional, street identification, or motorist or pedestrian informational signsge, traffic control devices, curbs, gutters, sidewalks, landscaping, drainage and sewage facilities, and transportation facilities such as bus bays, benches, bus or train stops, bicycle pathways ,or facilities for railway or other public transportation vehicles or manners of oonveyance of approximately 1, 696 square feet of Ind as to. APN Nos. 649-090-010 and 649-OW-011, more specificaly desoribed in the legal description attached hereto as Exhibit "A" and depicted In the map attached as Exhibit "6 approximately 6,476 square feet of land as to APN No. 649-08"13, more specifically described in the legal description attached hereto as Exhibit "C" and depicted in the map attached as Exhibit " D"; and approximately 1129 square feet of land as to APN No. 649-071-070. more specifically described In the legal description attached hereto as Exhibit "E" and depicted in the map attached as Exhibit "F". 1�4AtS614-000� seru.a� MOM 646 42 1V 29/ 2004 FRI 15:41 FAX 760 117 7107 La Quinta, City Clerk 00 1004 fb"bft- f. 20"-Wt Jef blame aw"t win, M~ it ftw* sic, of N""Oft n OO& Asyut 17, 2004 Psi 4 b. Temporary construction easements over approximately 4,590 square feet of Property, as to APN No. 849-09" 10 and 649-090-011, more specifically described in- the legal description attached, hereto as Exhibit "G* and depicted in the map attached as Exhibit "H"; 3,376 square feet of Property as to APN 649-080-01 3, more specifically described in the legal description attached hereto as Exhibit "I" and depicted in the map attached as Exhibit "J". The temporary construction easements shalt consist of the interests described below: Each temporary construction easement is a nonexclusive easement which permits City of La Quints, its officers, employees, and contractors, to enter upon, occupy and pass over, the temporary construction easement area more specifically described in the legal description attached as deemed reasonably necessary • for all purposes incidental to reconstructing and widening of Jefferson 'Street in accordance .with the approved street construction ttha *Project"). The temporary construction easements shall include. the right to perform within the temporary construction easement areas, any necessary excavation; grading; earth fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and. sign relocation; accommodation of private drainage facilities; and deposit of toots, equipment and material for all such necessary activities which. are reasonably incidental to the work being performed on said property in connection with the Project. Such Incidental activities shalt include, but not be limited to, utilizing the temporary construction easement areas for adjusting grade differentials between, the planted street end the adjoining real property and/or matching existing concrete and/or asphalt paved area*, and/or natural grade areas, or such work as may pertain to on -site improvements to render the temporary construction easement areas or the larger parcel to which it pertains in the same functional condition as reasonably practicable to the condition before the Project in terms of access, irrigation, and relation of public right of way Improvements to the larger, parcel. The temporary construction easements shall not include the right to store any materials or park any vehicles which are not incidental to. the work to be performed on site In connection with the • Project, not to block all vehicular access to the larger parcel of the property of which the temporary construction easement areas are a part, nor exercise the uses of " the. easement outside of the temporary construction easement areas. In connection with the exercise of the temporary construction easement rights hereunder, City shall protect all structures on the temporary construction easdment area in place, and shall protect or restore all improvements thereon. ssoiu.ot ,orn�a 647 Q 10/29/2004 FRI 15:41 W 760 777 7107 La Quinta. City Clerk 4004/004 s...We " tile. 200e&osi Allies ftwo 1Id l ft Pryw.ti ra.«. a ft"1064 of U000 teyr A&W.rs A"wt 17. soot The rights granted hettWtdW shall corrowce fourteen 04) days after written notification to the property owner of the commencement of construction of the Project and shad continue in full force and affect until written -notice to the owner of record that the temporary construction r4we rnent is no longer rioadeed by the City, or twelve 0 2) months after notice of the initiation of the temporary construction easement, whichever is earlier. Upon termination of the temporary construction easement, the temporary construction easement area shop be restored to a condition that is . as functionaly equivalent as is practicable to its condition prior to the *c�om�-mencle commencement of the work, consistent with the Project as designed and as to be constructed. ed. 4. The public interest and necessity require the Project, in that it is consistent with the OWs General Plan, and specificagy the CWs Circulation Element- The City Council hereby adopts the findings set forth in Planning Commission Resolution 2003-059: Pursuant to the Coachella Valley Area Transportation Study, the Valley's popu#eetion is one of the fastest growing areas in Southern CaGfomin and expected to ' increase. This project is necessary to accommodate the projected growth and population increase and accommodate safe traffic movements. 5. . The Project is located in a n mer most - compatible with the greatest public good and the Most private injury, in that the improvements wits include the widening of Jerfferson Street from two lanes to a six4ane arterial highway providing much needed additional traffic handling capacity over. the Jefferson Street arterial to accommodate both. present and future traffic demands. The proposed 'Project will also. widen and' construct a multiple span, all-weather bridge over the Whitewater River that will provide greater vehicular safety, including during flood events, and providing additional opportunities for wildlife movement -and habitat access. The proposed Project win result in the least private injury in that the design of the roadway 'widening. must of necessity occupy land which is immediately adjacent to the existing roadway, in order to maintain the continuity of the , alignment of the road for all users. The Property to be taken for the project is neocssitated and established by the: street alignment in an effort to minimize any disproportionate burden or impact of the required property being taken from individual property owners. The Project is designed in a manner compatible with the greatest public good In that the Project wilt involve road widening so as to improve an Important fink between Highway I I I and 1- 10. S. The Property. to be acquired is necessary for the Project, in that the ~- Project is designed to relieve regional traffic congestion and improve the capacity of the street which will require continuity in the roadway alignment and traffic handling capacity of the streets, and continuity of affgnment requires the roadway expansion to occur irnmediately adjacent to the existing right of way. 11001e610- e Mi1.01 AWIU t 648 44 10/29/2004 FRI 15:36 FAA 760 777 7107 La Quinta, City Clerk 4003/014 Rtaaluotlw ft. 2004-0l1 .a.f%� Salt WM" tv ftabm rb.o 2 R..moda M of Neceafty Aa *wd.- aaaam 17. 2W po" 6 7. The. offer required by Government Code Section 7267.2 have been made to the owner of record, by way of letters dated June 3, 2004, June 8, 2004 and July 27, 2004. City staff has attempted to negotiate with the record. owners and their representatives subsequent to the issuance of these offers, but the negotiations have not proved successful in securing the . necessary property Interests. 8. Notice of the resolution of necessity hearing was .provided to the owners of record by way of mailed, written notices sent on July 26, 2004 and August 2. 2004. 9. To the extent any of the Property to be taken herein is devoted to a public use, the City finds that the proposed use for the Property is compatible with, or more necessary to, such public use. - and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure Section 1240.610, and 1240.610. 10. The City Council hereby declares Its intent to acquire the Property in the C'rty's name In accordance with the provision' of the laws of the State of California. 11. The Prot has been reviewed and approved under CEOA through the 1999- IS/NIND and the Addendum thereto. The City finds that as reflected in the Addendum, that there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding sigrdfk nt effects or rtirtigation measures or alternatives which: has become available, and na subsequent changes have been proposed in the Project which would require further anvironrnental review. 12. The law firm of Rutan & Tucker, LLP, City Attorney for the City of La Quints ("City Attorney'%, is hereby authorized and- directed to prepe. re and prosecute in the name of the City such proceedings in a court having proper Jurisdiction thereof, . as may be necessary for the acquisition of the Property described herein, including without [iimitation, seeking prejudgment possession of such property, and to prepare and fife such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opin'eon of the City Attorney to acquire the Property for the City. Such attorneys we specifically authorized to take whatever steps and/or procedures as, are available to them under the Eminent Domain law of the States of Cardornia, relating to aoWisition of the Property. PASSED, APPROVED and ADOPT Ed at a regular meeting of the La Quints City Council held this 17th day of August, 2004, by the following vote to wit: t Nasso►o.000t MWA 4 ISM 649 45 10/ 29r 2004 FRI 15:36 FAX 760 777 7107 La Quinta_ City Clerk 4004/014 IS41-21N e4: t 11V FOR-. t-W P-IM11 F-1 is `• t4*41a HlohMrar 111 JMWOM* 204 A �OA�iO�►� SIRMI LPN i4M419Q4fQ �d i��Q-01'q Thoar4 attain of I�t�d t Md b I* Cyr of La. Oiinb. Oauw of t?iwow Stag of bets oEttt��hw�tgwr'Iocar�lial�0.T��oteh, Ran�?'E�, San 915MUMM16d d at Panaet 14ia �1M Qrant t �.birxau�t Z0. 2000 as Noy. srsd�Murdd�so�rdln� Qe��tfir�d�aoa�+dedMty2�t,2� s�a� too. �a��oa. aah.ntoa�.t��h. c��t:a�i cam, fca zeid its OngmWs CoAfcf ft- i' kxMd Mlai*va at* abO 11LW fed MAak aw w V ow a(v9ftb doacdbod as A Eft 0 A r-ANI with &M.44M fen dmsb* at go cops"m of Jet go" as.an ft .af doIrm ON R� sO eNCL � ftd i ft& 102a POOes 33ftOMh STOP roer k"S ift em 04� "...,, �,�� orshc�cteneosossbwt�l�rta�ano�lh�ri�+��e�oua�et�rda a LMM :UQ onam*ft%v ftdiABwk41.PayM�wrnuah57a C�x� pm= d1m Mpg" eij►in twmwtw* kw ctaid Pw+at lame dntce�d iA. am a AarwarY2Ck 2004 as twtucneAt No. COt+i11A1lOM 100 Squm F"L . �fT "�" a� ay tl�3t�iroctoa. malde s pert 11et+�ot. . BtiBJECT' TO ad Gowamis, moft ll-d*wMd EaSM ANI of PAWMi. This cwrsorlpgon WAS pt+spsj*d by MoCt UVe R *ffa EXHISIT A i� ({tt f 4� 650 1.019/ 2004 FRI INS FAx 760 777 7107 La Quinta. City Clerk N-*-M INCIMA Into 9005/014 TAW t•Ifulle f-111 INOIC.ATES R.O.W. FW JEFFERSON STREM i ..696 S . f . 1 - - i . I ry CD . Q Z LOT 31 act TRACT MAP Noe co 2190 on~ 14-14 CIL MWA DRWY - ---- ---- ,, PARCEL 10 JNST-NO. 2000--020204 O.R. t� ; _ 16 • ci w 004W. --�' g- I NW ! /4 SECTION 28 ate., � t wr T.�5�S, R.7E, S.R.M. CA t r a t smm 1 of 1 SHEET h.�1T TO ACCOWMY A LIGAL MCM10M •UM•*** �* Fora: JCPFMON STREET RIGHT —Of —WAY • • Aw«,e»ra » AI N 649-+090.010s 649-►090-»011 agl"ULdn"n ":« • �► ..•�». ( 3 Y 21, 2004 20-lo=7-uses EXHIBIT B a 651 47 10" 29 2004 FRI 15:37 FAX 760 777 7107 la Quinta. City Clerk COMM ot-of-tDBe �t=qPM ?-on P.OW11 F114 OF COHlttN. f%ta Daum A =40= 0 Pa�'t of s JEFt�l�ft�ifTRERT I��NT�I1Y . xm# san a= mw I NMI p-at Wd .*AM In #0 CRY at Le Qts, aau W of Nwiskw soft of Qom. btil�t ottl� � oew►tsMf of tht AorY�wwtgwrl�et of � 20; Ta�lttif! b �a�h. R�� l�+r.8a� Wi�tl�la�e�.dsiattMd ae t"ocosil0 in aQtsrxOeeRttvo�a��0eb may 2000 No. 2000-JUM Of FAM* In ft OOft Of ft OM* Its ofd--t. wo. partk NY-demftd as **am CONt�tst+It�Na at t�s e�er�ae+�ttf �•ta�tor� cf Weems Mo orNe aqd .tetfecson 8tnaeR ats4 oet� tta nor�tsr�atoo�nwcfsfd session � ON os *jog to cwmdw a of said jeffivem 6mok south 00"4$5 Mm 63fees; stov a at ciphf anpj Is Nw1h a 4r EW4.00fed. to a point on tta easy Rt#* o svof .tstf 8u+ea� o being ft 7%= PLtW OF sNOW1 : �- d�eeos = &W p I 1ett o and 44.wfew �e vwft of acid os ds" of jefta : soot! st�o0.9dtedfoa poet on s tsn�peertcusv� aoAcaw nartheaelyand tamp a mWM of20-M fu k lbeetos atonq dd cum eafxas"31 A2 fe1K ft+ouph a eetwW arpte of 00'0000 ; 010 ma alnpent irorrt 84M ourvr and stand at to aMOOtost ttalh ofooraerine of Patna Cede D*^ No* &rIW4T fad &OD OmwWe N[aM 4a' "r Writ 13.a?' faK too a 60p si to and 6Q.0o iaat eaatcf aaid+ae Cline of .ie��reort Stiff 0--itCa NioM4M :W Fad 13.85 be to a ills PwAd to and 33M Meet south of do ottaer�rl0 at WaS wa d No aim tt�atc�a along said bw 8ouM 0*64W Went &00 fivd to a point an a sit cove oatc+tv+e aoutt r and haWng a godkx of 20.00 feet OMISIT C 652 10/29/2004 FRI 15:37 FAX 760 777 7107 la Qulnta. City Clerk �00?1014 OS-W2604 HAWK Ex�- 1-In �.eare�e Fig: sm tow, r vs wa �,FFtkitS4N STREET .!� ZQ-1t�0307 tL� MGHT CF WAY 2 afid dwm saki come SIA2 feet dwach s ptn�c�t of 9tY"00", toME# trl'� 4F BEGEiN�1G. t':tll+tTGlUMGW- SA78 Sgaore FeeL mom a IW. EM*WT jr anneW 90 by 00 COWSI oe Maft a pert WOO SL1l�.1Fal''f To ad C tom. NOW 1"afts-93-Illtay and Ess�cttelaa a` R+noo�d. T* d xlppeA a me tx uMae my JAL �79& ,* lyly 1201A . ooe a• . swat r 653 1,0/29./200.4 wFRI 15:37 FAI 760 777 7107 La Quinta. CRY Clerk n-�•toar a�1 �- i lQUU5/ Ul4 T�ltt F.WAll F-111 r inau47s RAN. FM J.i /%icrrcj%A%lm. SFMI 5.476 S.F. r 6#*'=ftQ.2= "0 RAW. AS -CEDM TM w�oowaoa IfrBOOK *1N�iT.'m �30o' Rivmice COMTY apooAc 1m. P O.C. wCrl. WSTWAW M4 DRIVE t,2 .itt W ea4'.W E ail -Ts C 2 1 M*64' 39"E J :• N89'S3'470 3 one ...... opw 44.00 r T �. jr-:!�jj IF '47 WIN Ww f- + i im ==A= M"°...-m to w Wl. •� �� mac."mow w ir-30 Sam ■1.AT TO ACCOWANY A 'LEGAL QESCRIPT H FOR R1CNT—Or—WAY fOR icffERSOrt STREET IN THE CITY OF LA OUWtA a OF � • j 1 � 4 N09a53'47"F ■■� 6 --' C/. PALM CIAMI DRIVE SKET ! OF 1 StiXT w,wa�d/M ■ rcw�w/+ w w Mae; o•ftwoomar H-�oM4n Ar• E Bff D 10 N 200-4 . FR 115 : 37 RX 760: 777 7107' La Quinta. City Clerk !� 00gI014 fir �►1 nm mw pmpmy AM irnpcovemeacs is the State of California,courAy of Riversides, City of La QuiuW are described as follows: Lot 19 of Tra 21901, as Sbown by Map on File in Book 41, Pages 55, 56 sM 57 of Maps, Records of Riva3ide Cousoo �a Exoepdn it 11aeftom the Sootb 35 Feet of Said Lot 19. Also E1, : P P6� Thaciiooa the Following DcunUd Property.- . Comte at the Nw*wnst Corner of Lot 18 of Said That; Ttcvo South V 04' W Eask 18.71 Feat to the Thn Point of B uaWnw, Soudr0* 04"' 39" Eas9 9S.00 Fee 11m= Notth W SS' 2179.100.00 Fett to dw East Uf w of Said Lot 19; Thonoe i+ w& 00 OV W mast, 95.00 Feet; Thence South W SS' West. 100.00 Fed4 to the litre POW of BWOming. AFN 649-071.010 EMBIT E 655 51� 10191°2004.FRI 15:36 FAX 760 777 7107 La Quinta. City Clerk r MIINT F 656 5� 10 291 2004 FRI 15:88 FAX 760 777. 7107 La Quinta. City Clerk 9011/014 Oi-Qa-Zl04 K:10h1 ilE01t- ..00 RW C LTM -r",s01Gbw w 111 PAM l M ESA 83260 T-M P.WA11 F-111 Januw 146 2004 JN 20»I00W4? pap I of-1 Tt1a� ► polda ar No wed In to M a La Oubms cow* of Rwar", sm of Oainp -M-- ! nat't€ewwst of Seetlor�:Od. Town vp 6800th. Range7East. 8+tn as P t0 k# ehs Qrant peed nQa+dsd JAOMY 21% =O as Iro. nnr! the land dew h t3rarclt DOW raeNx+d s tutK 20E�© as � No.2o0Q-1. both �t �dardt iA !!� OlbCi of � countt/R�a�duof taoc Wo CWKr& nghided wit*n a strip of hand 41 MANt widO, the w Wo dw ft is des OW as foomm A va attld SOAO fiat ounavat dw o of J0408M 8"d as shown on the msp M$p ft ?6Wftd k1800k 1Q%Pagss 0 Ovatah 67 d In SaidOff" +attue Cotx�cy fteooc�r. Said "efWW*4 balen0it mmdorahalanodaoastaMmim** rac0 o*in0fooutlxulyfne of Lat'3tTtaetMm 21W as showman a ow itslteoffied b 8aak41s Peg Si "0 In 20 I*d 001a et' do Cm* Reed dst and SmAhW In et a sotdm& ins of ia,10 as . in said Gm t Mod ja P4a- la, Januoy2; s000 as bimb w 1 i d W . GONTJt 4: 44M 8 aft Fset EXHOT NW *WNW SW ]by -'Mk MkMrae made n pars hOMd. St acrTo sd CoMer nts. ftiptt i Ri0tl c ihssl •t1d F ernarltc Of R�e0ord. This �ticr� waa preparN by = or underm& Corr. � +ewes 1Z3'iAa6 asw►s+iar EXHIBIT G 657 10 ?9 2004 FRI 15:38 FAT 760 777 7107 La Quiuta, City Clerk @012/014 INOTC&IM T.R C.CT FO 1 ME 4.M S.F. i i IL i C144FBWA � i so' hAt TO JEf�asa�`�""� `="` robars�r'""OW �O TEMPOU" COMSTRtl.MON EAMENT (APH 849-090--0t d, e49--ov0-01 _ ) T-4n P-01011 HIS LOT 31 TRACT MAP NO. 3190 a 00 M13 41 / 55- 677 �9 0 t"0 PARCEL 10 ItWONO. 2000-020204 O.R. . f NW 114 . SECTION 28 T.S% R.?F, S.S.M. SHErf 1 OF ! SHM a odwmwo 0 saaa Mrtamm . � • • tr+twAr�w � JAWARr ' t4. 2004 -ft 20-100.�D�-sT EM1Bff H' 54 658 10191044 FRI 15:39 FAX 760 777 7107 La Quihta. City Clerk 9013/014 W41-2004 N:fdPd MO- RW i'►t�t t�.Tt�ttf 74410 HlOhrrattIII palm Pam 9O-A 92M r-In r.slMi0- htil 8"*Wdw 1T, no p9tgo 4 at 1 .ice sTRW P*P.W ol�sTRucTwa EsEUM A.P.a. # 3 i t aoctaln at tend abs"d in dw4at LA bunt% county a( PlWoM d+, an* of 5$oub 64 pportion crate wat.at�o�tsU of ttta t>oAlwMestquettow'ttI S ttott Z8; Ta+srtst�lp ft ft 7 EA,% s �Qasa oas E'�e[�oet 101Aa Qfatttt�esQ neoadb MW 26. 20W as man, maid ft �d0 1 inwidd��the Reco�r. batrg A su1P t�O*ads* In* dowrl*d satchaw M1ME osrmec�ne Y�erasc it d Weatrwrd Ho Ddw and stmeL aw . . b�nD the northw�l ootner' of said Setxitan 2s: mnoe MOM" cardsif" crowd .af[ersm SkVK ScWh OM*ir ftd 33.02 tee thenos art fW% anom Nam tl9► V4i"* East 70.00 few to a point on ft sot�ft�erly fpht•+ .VV*yd Westward Ho Oft, MW WhV tha POW OF 0- thence �Ap a ine parallel I& *w nm fw *MOW cc "M c&-A@dk4 d Jefferson StV. 3outh'�'! "East34d tarttio a palrttat >�M MtoKtl �w�fl Pain dude Ddm said P*t.bdv to POW OF I .9WI TM THS id;FR01�t ift#t p �ott�In9wphiAJ etson �toote twtidsh. Wand Ho flame. 33 Foot hey! UW t. Pab Ord* Ott^ 25 foal hat width. CONT�f �ltl�Q: 3,3'l� * Few mots ac Asa. " E> n Usff "130 aa'adW OW byr tuts rearm= made apart havd. This deseitption was p� bai me of �txliK avy dtradka Nb tioensa expitrrs 120103. u►W.sw an tt+w- 659 55 101`29� 2004. FRI 15:39 FAX 760 777 7107 La.- Quinta. City Clerk 9014/014 Of-"m 04.:19V Ful- a uoic&ws T.C.E. "W .SON STOW 3.375 S.f. Q INl3Qi►T1'.S 44 • R.4. r. AS AMMAM PER trees' NQ.2e00 , list 000K 41 rAOM V Ttfft f as w 1MlMl, in Tte o ftce or Tee C"TY DER. CDMTY OF RIWWIW. Tilt t.ltf t-1 if Cmmrwmw mo ORIv£ 1:C va N t 00 NW' S4 ' 3VE i • t � t f0 i 10 VATA TAMLZ Mew" J-TA I 'WtwS Lown i OLAT TO ACWUPAW A 'LZGAL DC=IPTWK FOR Trupowy C&&TRUCIWN EASCUCHT FOO AMERWNt STREEt IN T#W an OF LA OUINTA N C/L PAL* CIAC't1: ORM ! SST 1 OF I SHWT rnw ae�tt e�ssr,�m�a.� Rtf K �: W t rl N o 740400 w • ra Moslem • "Wawa" WE: UPTCMM 0.Zoo1 .t+e 2o-1ao�o7r� EM1WT J 660 EXHIBIT 6 57 661 S*4F? 4ow POW ! -300 Z� a The real property and improvements thereon situated in the State of California, County of Riverside, City of La Quinta, are described as follows: Lot 19 of Tract 2190, as Shown by Map on File in Book 41, Pages 55, 56 and 57 of Maps, Records of Riverside County, California. Excepting Therefrom the South 35 Feet of Said Lot 19. Also Excepting Therefrom the Following Described Property: Commencing at the Northwest Corner of Lot 18 of Said Tract; Thence South 0° 04' 39" East, 18.71 Feet to the Trio point of Beginning; Thence South 00 04' 39" East, 95.00 Feet; Thence North 89° 55' 21 ;100.00 Feet to the East Line of Said Lot 19; Thence.North 00 049 39" West, 95.00 Feet; Thence South 890 55" West, 100.00 Feat, to the Tice Point of Beginning. APN 649-071-010 59� 663 1� 13 14 15 16 17 18 19 ?U 21 23 74 25 26 27 2g PROOF OF SERVICE BY MAIL AND FACSIMILE STATE OF CALIFORNIA, COUNTY OF ORANGE 1 am employed by the law office of Rutan & Tucker, LLP in the County of Orange, State of Cali fornia. 1 am over the age of 18 and not a party to the within action. My business address is 611 Anton Boulevard, Fourteenth Floor, Costa Mesa, California 92626-1931. On October 29, 2004, 1 served on the interested parties in said action the within: NOTICE OF INTENTION TO ADOPT AMENDED RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED ALONG JEFFERSON STREET IN LA QUINTA, CALIFORNIA by placing a true copy thereof in sealed envelope(s) addressed as stated below: Supper Club Golf, LLC 80227 Indian Springs Road Indio, California 92201 Attn: Donald Olson Brian Harnik, Esq. Roemer. Harnik & Nethery 45025 Manitou Dr Indian Wells, CA 92210 Telephone: (760) 772-0222 Facsimile: (760) 772-8085 Counsel for Indian Springs Land Company Telephone: (760) 360-2400 Facsimile: (760)360-1211 In the course of my employment with Rutan & Tucker, LLP, I have, through first-hand personal observation, become readily familiar with Rutan & Tucker, LLP's practice of collection and processing correspondence for mailing with the United States Postal Service. Under that practice I deposited such envelope(s) in an out -box for collection by other personnel of Rutan & Tucker, LLP, and for ultimate posting and placement with the U.S. Postal Service on that same day in the ordinary course of business. If the customary business practices of Rutan & Tucker, LLP with regard to collection and processing of correspondence and mailing were followed, and I am confident that they were, such envelope(s) were posted and placed in the United States mail at Costa Mesa, California, that same date. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. I also caused the above document(s) to be transmitted by facsimile machine, telephone number 714-546-9035, pursuant to California Rules of Court, Rule 2005. The facsimile machine I used eomplied with Rule 2003(3) and no error was reported by the machine. Pursuant to Rule 2008(e), I caused the machine to print a record of the transmission. Said fax transmission occurred as stated in the transmission record and was directed as stated above. Executed on October 29, 2004, at Costa Mesa, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. _ Lauren Ramey (Type or print name) 2046r015610-OUOS 55415701 al&29/04 0 664 Con f i rms t i on Repo r t--Memo r y S end Time Oct-29-04 04:49po Tel line 1 : 714-546-9035 Tel line 2 : 714-546-9035 Name : RUTM 4 TUCKER, LP Job number 674 Date Oct-29 04:25pm To 217931917607728085 Document Pages 26 Start time Oct-29 04:34pm End time Oct-29 04:49pe Pages sent 26 Job number : 674 *** SEND. SUCCESSFUL *** RI..ITAIV &x T U CKvR .L-x-Y wttornoysl as Law 611 Assvaim J%a%&1eVw". 14tia Flaaor C.axsa Mrcalsa CUSCrOrtaiaa 92626-1y3i Nirailins Addressz Paris tome* Sox XW 5t1. COMCM Meuse. Catiiurnlsa 92628-1950 '1'oieptso*acr 714.641.3100 Safscsitepile '7I4..S46.SiO3S FACSIMILE Tl?.ANSMISSION ].�r►TE CiC'[`OBER 29. 2U04 I-Eard. Ca to Fallow vis► Mail: NV N^Mr Fr►x No. P�+c?tvr' Tics. .1. LsaallrY.1 a�tross. (760:) 772-8085 (760) 772-0222 lacksmas Sprinas LAsid. Campany. 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Pcis rHi. iSERv►Z&.-- Ytau 11'towty -r I.r-ftfam, fKa.O...ri1e mi. Fa1at T19l9/fOI.tta1 pt. l"-.ra.t 71,* a,%1 SatAl, I-.1 /i]S . , ..-utatls 665r RUTAN &TUCK.ER LLP Attorneys at Law 611 Anton Boulevard, 14th Floor Costa Mesa California 92626-1931 Mailing Address: Post Office Box 1950, Costa Mesa, California 92628-1950 Telephone: 714.641.5100 Facsimile 714.546.9035 FACSIMILE TRANSMISSION DATE: OCTOBER 29, 2004 Try- Narrl C.nnv to Fnllnw via Mail: NO ' NAME FAx No. PHONE No. J. Donald Olson (760) 772-8085 (760) 772-0222 Indian Springs Land Company71LC FR.oM: David B. Cosgrove 159 RE: Attached Letter I 1 t'1.IF.tiT!M.AI`TER NO.: 015610-000$ NUMBER OF PAGES, INCLUDING COVER: 25 MESSAGE: ii!l i. t&-'OR'vt:N'1'10';� t'ON"rAl'NI-D IN THIS FACSIMILE: MESSAGE IS INTENDED FOR THE USE: OF THE INDIVIDUAL OR FNT(1'Y' TO W I-11CH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL:. IF THE RE ADER OF THIS Vft'StiAi'�F (S NOTTHE INTENDED RECIPIENT OR AGENT RESPONSIBLE TO DELIVER THE MESSAGE TO 'THE: INTENDED RECIPIENT. Y(-)(; ;'LRI". HE'RE BY %4(YI'IFIEI) 'rHAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROI-I(131-ITI) IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR; PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE k 11 RN TI If_ ORlGfNAl., MESSAGE TO US AT THF, ABOVE ADDRESS VIA THE U.S_ POSTAL SERVICE. THANK YOU. If there are problems receiving this Fax Transmittal please call 714.641.5100, Ext. 1235. I IMI i-; b' 0-00 )8 51 18005 {! 3 a 101 1 /04 62 6 6 G Con f i rma t ion Report -Memory Send Time Oct-29-04 04:34pm Tel line 1 : 714-546-9035 Tel line 2 : 714-546-9035 Name : RUTAN 4 TUCKER,LLP Job number 673 Date Oct-29 04:24pm To 212684917603601211 Document Pages 25 Start time Oct-29 04:24pm End time Oct-29 04:34pm Pages sent 25 Job number 673 *** SEND SUCCESSFUL *** 12UTAN aScTUCKER LLP Attorneys wt Lww 611 wsataxw Boulevaral, 14th Fiucar Costa " esm Catli%rpis 92626-1931 1Viasiling Address! Pont Otfico Box 1930, Costa Moss. CsslitorU%ft W2626-IOSO Tclrplson�! 714-641.5100 Fssa:*is1(tite 714-S46_9035 ' FACSIMILE TIZANSMISS101V 29. 2004 F4arai CU scr Fallow via M-Ail: N CIO 13risssa 13sarrsil.. Et.q. (760) 360-122 1 (760 360-2-400 -l4towmar, 14 rWU dk 11isatho•ry t K1 Jlti1: U1wld B. 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Fla^ pta:Jasa: civil 71.6 bit Satan eAt 4235 ♦ �y 1 •. � .1l ..1 t1: :i ••.a13 63 667 RUTAN &TUCKER LLP Attorneys at Law 611 Anton Boulevard, 14th Floor Costa Mesa California 92626-1931 Mailing Address: Post Office Box 1950, Costa Mesa, California 92628-1950 Telephone: 714.641.5100 Facsimile 714.546.9035 FACSIMILE TRANSMISSION DATE: OCTOBER 29, 2004 Ir- nm C„nnv to Fn1Inw via Mail: NO NAME FAX NO. PHONE NO. Brian Harnik, Esq. (760) 360-1211 (760 360-2400 Roemer, Harbik & Nethery FROM: David B. Cosgrove - 159 RE: Attached Letter NO.: 015610-0008 NUMBER OF PAGES, INCLUDING COVER: 25 €'I €I.: INI'ORMA HO'� C(.)N 1 :1INJA) IN 'I'HIS I:/XCSIMILE MESSAUF IS INTENDED FOR THE: LiSEi oiF 7'HE: INDIVIDUAL. OR ENTITY 1'0 WHICH IIIS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVII_EGE:D AND CONFIDENTIAL. IF THE; READER OF f'E{ES '�I1:tiS.1(�I IS INTENDED RE:CIPILN1' OR AGENT RESPONSIBLE TO DELIVER THE MESSAGE TO THE INTENDED RECIPIENT. Y(M :ARE- 141:RE. BY NOTII-IE_D THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY €'IZ01-f111,1"€'I D I1' YOU HAVE: RI:Ct IVED TI{l5 COMMUNICATION IN ERROR; PLE:ASF NOTIFY US IMMEDIATELY BY TELEPHONE a\I Rii FVRN THE 011161NAL.,ME:SSAGE TO US AT 1'E4E ABOVE ADDRESS VIA THE U,S. POSTAL SERVICE. THANK YOU. If there are problems receiving this Fax Transmittal please call 714.641.5100, Ext_ 1235. 11+I;(t1 A610-WOW :`41 .);)l ., 0,29,.J:04 64- COUNCIL✓RDA MEETING DATE: November 16, 2004 ITEM TITLE: A Joint Public Hearing Between the City Council and Redevelopment Agency to Approve an Agreement to Sell Real Property Located at 52-195 Avenida Mendoza By and Between the La Quinta Redevelopment Agency and Margarita Sanchez RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the sale of 52-195 Avenida Mendoza to maintain an affordable housing unit in Project Area No. 1 for a purchase price of $165,000. FISCAL IMPLICATIONS: The Agreement would result in the Agency receiving approximately $79,000 from sale proceeds. The Agency would also provide a $78,000 silent second trust deed loan to insure that the dwelling is affordable to a very low-income household for 45 years. BACKGROUND AND OVERVIEW: In August, 1995, the Agency acquired 50 single-family homes located in the Cove to secure these units from bankruptcy proceedings filed by the then owner, Coachella Valley Land. Prior to the bankruptcy, the Agency invested $1.0 million to maintain the dwellings as very low-income rental units. Since then, the Agency has substantially rehabilitated these dwellings to correct deficiencies and improve their appearance. These costs have been funded from rental income. In February 1998, the Agency directed staff to sell two (2) units per year first to qualified tenants, and secondly, to other eligible very low-income households. The proposed sale is the thirteenth 0 31h) unit to be sold, eight (8) to existing tenants and five (5) to non - tenant households. When the Agency initiated relocation activities at the Vista Dunes Mobile Home Park, staff initiated efforts to identify Park residents who were interested in, and who may qualify for, purchasing single-family dwellings that were either in the Agency's rental housing program or featured an Agency -sponsored silent second trust deed mortgage. Staff is contacted by the property manager (in the case of the rental housing program) or realtors (in the case of homes with silent second trust deed mortgages) when these dwellings are available for sale. Ms. Sanchez, RR9 who is a Viista Dunes resident, expressed interest in purchasing a home and took the required actions to qualify for a first trust deed loan. This home then came available, and upon inspection, she elected to purchase it. The sale transaction would be structured as other Agency affordable housing projects, wherein an Agency silent second trust deed mortgage would cover the difference between the market sales price and an affordable first trust deed mortgage. The proposed purchaser is not an existing tenant; however, this property was vacant and the buyer is a very low-income household. If this sale is authorized, the unit will be sold for the market value of $165,000, with the buyer funding an 18% down payment and a private lender originating a $57,500 first trust deed mortgage (the maximum loan the homebuyer can obtain). The Agency would convert $78,000 of its equity in the property into a silent second trust deed loan. This unit has been substantially rehabilitated and therefore, can be counted toward the Agency's inclusionary housing requirement. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Approve an agreement to sell real property located at 52-195 Avenida Mendoza to Margarita Sanchez for a purchase price of $165,000; or 2. Do not approve an Agreement to sell real property located at 52-195 Avenida Mendoza to Margarita Sanchez for a purchase price of $165,000 and do not authorize the Executive Director to execute the necessary; or 3. Provide staff with an alternative direction. Respectfully submitted Oscar Orci, Interim Community Development Director Approved for submission by: • Whoma�sP. Genovese, City Manager Attachment: 1. Summary Report 67Q AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 16, 2004 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: A Joint Public Hearing Between the City Council and Redevelopment Agency to Approve an PUBLIC HEARING: Agreement to Sell Real Property Located at 52-965 Avenida Carranza By and Between the La Quinta Redevelopment Agency and Anabel Sanchez RECOMMENDATION: Approve the sale of 52-965 Avenida Carranza to maintain an affordable housing unit in Project Area No. 1 for a purchase price of $165,000. FISCAL IMPLICATIONS: The Agreement would result in the Agency receiving approximately $77,500 from sale proceeds. The Agency would also provide a $79,500 silent second trust deed loan to insure that the dwelling is affordable to a low-income household for 45 years. BACKGROUND AND OVERVIEW: In August, 1995, the Agency acquired 50 single-family homes located in the Cove to secure these units from bankruptcy proceedings filed by the then owner, Coachella Walley Land. Prior to the bankruptcy, the Agency invested $1.0 million to maintain the dwellings as very low income rental units. Since then, the Agency has substantially rehabilitated these dwellings to correct deficiencies and improve their appearance. These costs have been funded from rental income. In February 1998, the Agency directed staff to sell two (2) units per year first to qualified tenants, and secondly, to other eligible very low-income households. The proposed sale is the fourteenth (14th) unit to be sold; nine (9) of these units were sold to existing tenants and five (5) to non -tenant households. The proposed purchaser is an existing tenant who initially expressed an interest in purchasing the property several years ago, took the required actions to qualify for a first trust deed loan, and now qualifies in the low-income category. Because many of the tenants are now receiving work training as a requirement of their state and county assistance, their economic situation is improving, and therefore they no longer meet the criteria to qualify as very low-income. 971 The sale transaction would be structured as other Agency affordable housing projects, wherein the existing Agency -funded silent second trust deed would cover the difference between the market sales price and an affordable first trust deed mortgage. If this sale is authorized, the unit will be sold for the market value of $165,000, with the buyer funding a 3% down payment and a private lender originating an $80,550 first trust deed mortgage (the maximum loan the homebuyer can obtain). The Agency would convert $.79,500 of its equity in the property into a silent second trust deed loan. This unit has been substantially rehabilitated and therefore, can be counted toward the Agency's inclusionary housing requirement. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Approve an agreement to sell real property located at 52-965 Avenida Carranza to Anabel Sanchez for a purchase price of $165,000; or 2. Do not approve an Agreement to sell real property located at 52-965 Avenida Carranza to Anabel Sanchez for a purchase price of $165,000; or 3. Provide staff with an alternative direction. Respectfully submitted Oscar Orci, Interim Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Summary Report P7#1 laquinta\lghp\rental housingTH 5 52-965 can anza CC (�&4444" COUNCIIJRDA MEETING DATE: November 16, 2004 ITEM TITLE: A Joint Public Hearing Between the City Council and Redevelopment Agency to Approve an Agreement to Sell Real Property Located at 51-805 Avenida Cortez By and Between the La Quinta Redevelopment Agency and Robert and Delilah Gaeta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: I Approve the sale of 51-805 Avenida Cortez to maintain an affordable housing unit in Project Area No. 1 for a purchase price of $1651000. FISCAL IMPLICATIONS: The Agreement would result in the Agency receiving approximately $68,500 from sale proceeds. The Agency would also provide an $88,550 silent second trust deed loan to insure that the dwelling is affordable to a very low-income household for 45 years. BACKGROYIND AND OVERVIEW: In August, 1995, the Agency acquired 50 single family homes located in the Cove to secure these units from bankruptcy proceedings filed by the then owner, Coachella Walley Land. Prior to the bankruptcy, the Agency invested $1.0 million to maintain the dwellings as very low-income rental units. Since then, the Agency has substantially rehabilitated these dwellings to correct deficiencies and improve their appearance. These costs have been funded from rental income. In February 1998, the Agency directed staff to sell two (2) units per year first to qualified tenants, and secondly, to other eligible very low-income households. The proposed sale is the fifteenth (151h) unit to be sold; ten (10) of these units were sold to existing tenants and five (5) to non -tenant households. The proposed purchaser is an existing tenant who expressed an interest in purchasing the property, took the required actions to qualify for a first trust deed loan, and qualifies in the very low-income category. P 7.3 The sale transaction would be structured as other Agency affordable housing projects, wherein the existing Agency -funded silent second trust deed would cover the difference between the market sales price and an affordable first trust deed mortgage. If this sale is authorized, the unit will be sold for the market value of $165,000, with the buyer funding a 3% down payment and a private lender originating a $71,500 first trust deed mortgage (the maximum loan the homebuyer can obtain). The Agency would convert $88,550 of its equity in the property into a silent second trust deed loan. This unit has been substantially rehabilitated and therefore, can be counted toward the Agency's inclusionary housing requirement. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Approve an agreement to sell real property located at 51-805 Avenida Cortez to Robert and Delilah Gaeta for a purchase price of $165,000; or 2. Do not approve an Agreement to sell real property located at 51-805 Avenida Cortez to Robert and Delilah Gaeta for a purchase price of $165,000; or 3. Provide staff with an alternative direction. Respectfully submitted Oscar Orci, Interim Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Summary Report P 74