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2005 04 19 CC.tea# 4 4 adja City Council Agendas are Available on the City's Web Page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting Tuesday, April 19, 2005 - 2:00 P.M. Beginning Resolution No. 2005-029 Ordinance No. 417 CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, Perkins, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: Time permitting, the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when the Agency is considering acquisition of real property. 1. CONFERENCE WITH CITY'S LEGAL COUNSEL REGARDING PENDING LITIGATION, COACHELLA VALLEY WATER DISTRICT V. CITY OF LA QUINTA, RIVERSIDE SUPERIOR COURT CASE NO. INC 010827, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) City Council Agenda 1 April 19, 2005 I 2. 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 REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF CALLE TAMPICO AND DESERT CLUB DRIVE. PROPERTY OWNER/NEGOTIATORS: SANTA ROSA PLAZA, LLC AND EMBASSY SUITES LA QUINTA. RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION BY THE DEAN OF THE PALM DESERT CAMPUS OF CALIFORNIA STATE UNIVERSITY SAN BERNARDINO. WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF APRIL 5, 2005. City Council Agenda 2 April 19, 2005 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 APRIL 19, 2005. 2. TRANSMITTAL OF TREASURER'S REPORT DATED FEBRUARY 28, 2005. 3. TRANSMITTAL OF REVENUE AND EXPENDITURE REPORT FOR FEBRUARY 28, 2005 AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING MARCH 31, 2005. 4. APPROVAL OF AN AGREEMENT TO SHARE SALES TAX REVENUE WITH KOHLS DEPARTMENT STORE IN CONSIDERATION OF KOHLS' OPERATION OF A RETAIL SITE IN THE CITY OF LA QUINTA FOR A TERM OF AT LEAST EIGHT YEARS. 5. ADOPTION OF A RESOLUTION SUPPORTING NATIONAL DONATE LIFE MONTH. 6. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 30023-5, TRILOGY, SHEA LA QUINTA, LLC. 7. ACCEPTANCE OF PROJECT NO. 2004-03, FISCAL YEAR 2003/2004 SLURRY SEAL AND RE -STRIPING PROGRAM, AND APPROVAL OF CONTRACT CHANGE ORDER NO. 3. 8. RATIFICATION OF A PURCHASE ORDER WITH DISC CONSTRUCTION SERVICES BY THE CITY MANAGER FOR SOIL STABILIZATION AT SilverRock RESORT. 9. ACCEPTANCE OF PROJECT NO. 2003-07b, MADISON STREET PAVEMENT REHABILITATION. 10. AUTHORIZATION TO FILL A VACANCY ON THE CULTURAL ARTS COMMISSION. 11. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES LEGISLATIVE ACTION DAYS CONFERENCE TO BE HELD MAY 1 1-12, 2005,- AND THE LEAGUE OF CALIFORNIA CITIES BOARD OF DIRECTORS MEETING TO BE HELD MAY 12-13, 2005 IN SACRAMENTO, CALIFORNIA. 12. DENIAL OF CLAIM FOR DAMAGES FILED BY BRENDA DIEHL — DATE OF LOSS: NOT SPECIFIED. 13. APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH BUREAU VERITAS/BERRYMAN & HENIGAR, NRO ENGINEERING FOR ON -CALL PLAN CHECK SERVICES. City Council Agenda 3 April 19, 2005 3 BUSINESS SESSION 1. CONSIDERATION OF APPROVAL OF THE DEVELOPMENT PLANS FOR THE CITY HALL EXPANSION, CAPITAL IMPROVEMENT PROJECT NO. 2002-01 . A. MINUTE ORDER ACTION 2. CONSIDERATION OF CITY OF LA QUINTA MARKETING PLAN FOR FISCAL YEAR 2005/06. A. MINUTE ORDER ACTION 3. CONSIDERATION OF THE CITY'S ECONOMIC DEVELOPMENT PLAN FOR FISCAL YEAR 2005/2006. A. MINUTE ORDER ACTION 4. CONSIDERATION OF IMPROVEMENTS TO THE POINT HAPPY AND SOLITUDE ART PIECES. A. MINUTE ORDER ACTION STUDY SESSION 1 . DISCUSSION REGARDING THE USE OF SECURITY CAMERAS AT CITY FACILITIES. 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 (SNIFF) 5. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 6. C.V. MOUNTAINS CONSERVANCY (SNIFF) 7. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 8. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 9. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 10. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 11. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) City Council Agenda 4 April 19, 2005 i c 14. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 15. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 16. COMMUNITY SERVICES COMMISSION MINUTES OF MARCH 14, 2005 17. HISTORIC PRESERVATION COMMISSION MINUTES OF FEBRUARY 17, 2005 18. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE MINUTES OF MARCH 2, 2005 19. PLANNING COMMISSION MINUTES OF MARCH 8, 2005 DEPARTMENT REPORTS 1 . CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY - NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DEPARTMENT MONTHLY REPORT FOR MARCH, 2005 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT FOR MARCH, 2005 A. REPORT ON DRAFT MUNICIPAL SERVICES REVIEW (MSR) PREPARED BY RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) FOR THE SOUTHERN COACHELLA VALLEY. 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT FOR MARCH, 2005 7. FINANCE DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT FOR MARCH, 2005 9. POLICE DEPARTMENT MONTHLY REPORT FOR MARCH, 2005 10. FIRE DEPARTMENT QUARTERLY REPORT MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7-on p_nn_ PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speakers podium. PRESENTATIONS 1. TRUMAN ELEMENTARY SCHOOL ART WALL PRESENTATIONS. City Council Agenda 5 April 19, 2005 J PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta City Council before a public hearing may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER AND TAKE ACTION ON APPEAL FILED BY WASHINGTON 1 1 1, LTD., REGARDING GRADING PERMIT CONDITION AND PROCESS OF FINAL MAP. A. MINUTE ORDER ACTION ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on May 3, 2005 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. 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, April 19, 2005, 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 1 1 1, on Friday, April 15, 2005. DATED: April 15, 2005 'd. '-, JUN S. GREEK, CIVIC, City Clerk City of La Quinta, California City Council Agenda 6 April 19, 2005 G Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. City Council Agenda 7 April 19, 2005 7 ?Jk 8 �L1,�YLt 0a� 00, w5w AGENDA CATEGORY: OF t9 COUNCIL/RDA MEETING DATE: APRIL 19, 2005 ITEM TITLE: Demand Register Dated April 19, 2005 RECOMMENDATION: Approve Demand Register Dated April 19, 2005 BACKGROUND: Prepaid Warrants: 63061 - 631081 79,458.12 63109 - 631411 76,490.93 Voids} 55245.37 Wire Transfers} 1815796.84 P/R 32694 - 327161 1425719.77 P/R Tax Transfers} 3600.37 Payable Warrants: 63142 - 633391 25338,009.09 $200,600.49 FISCAL IMPLICATIONS: Demand of Cash -City $25,602,611.61 Demand of Cash -RDA $257,988.88 Falconer, Finance Director BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING CITY OF LA QUINTA BANK TRANSACTIONS 4/01/05 - 4/13/05 3/31/05 WIRE TRANSFER - PERS 4/08/05 WIRE TRANSFER - PERS 4/08/05 WIRE TRANSFER - ICMA 4/08/05 WIRE TRANSFER - PERS MEDICAL INSURANCE 4/08/05 WIRE TRANSFER - LANDMARK GOLF 4/08/05 WIRE TRANSFER - VISTA DUNES TOTAL WIRE TRANSFERS OUT $310.40 $13,407.61 $8,499.42 $60,953.12 $76,592.10 $22,034.19 $181,796.84 �12 �0T- r- 00 LA 0 O W N ix (D W Q Co d E L] � O Z H ix 1- W OC d 0 a (D W Z IY H F- Z O V U Q GC W In S m z Y Z Q to } m OC W H y H t9 W OG Y 41 W S W J to a } Q d y F- Z 0 u Q Q O �+ M Z �t O Y �t LL Z H Q ON J co Q tj O � (9 to • IX o as O I- ti N J Z \.pHy M�t�J �MG'1J \E W �t C9 Q 3 O J p .. 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Iry 4 Sep Qu&r4 COUNCIL/RDA MEETING DATE: April 19, 2005 ITEMTITLE: Transmittal of Treasurer's Report as of February 28, 2005 RECOMMENDATION: Receive and file. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: C21 STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated February 28, 2005 for the City of La Quinta. CHARTER CITY IM PUCATIONS: None. BACKGROUND AND OVERVIEW: Transmittal of Treasurer's Report dated February 28, 2005 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, hn lA. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Treasurer's Report, City of La Quinta ci 91, 2 ATTACHMENT 1 0 0 6j 4 Qu A tA MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for February 28,2005 DATE: March 31, 2005 Attached is the Treasurer's Report for the month ending February 28, 2005. 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 Be_qinning Purchased Notes Sold/Matured Other Ending Change Cash (3) $ 854,155 $ 5,416,907 (1) $6,271,062 $5,416,907 LAIF 32,531,755 3,425,000 (9,600,000) 26,356,755 (6,175,000) US Treasuries (2) 120,401,277 - - 151,601 120,552,878 151,601 US Gov't Agencies (2) 26,953,437 5,000,000 (8,370,000) 100,150 23,683,587 (3,269,850) Commercial Paper (2) - 0 0 Corporate Notes - 0 0 Mutual Funds 6,085,915 (540,811)5,545,104 540,811 Total $ 186,826,539 $ 13,841,907 1 $ 18,510,811 $ 251,751 $ 182,409,386 7$ 4,417,153 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. 3 31 Z0af' 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 y C C C c C c A m U C Z C Z C Z Z Z Z Z Z Z W z O O A O v v i m m 7 7 a° p2j y { O U C! c c O d a o mU U U Q m c U ) U) d 0 a m m. 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L MHO r-N0N d'N NNCCOO V- CO pj r� T C E � t > o > F- N C U) m m N co m w C C O c 0 V cc cc T C m m NEL C L m s x C tCn m 0) U) C 0 Q� �� x w w m !O m ty0 U !6 : w U N ��ax N ca C U � � c O m tL E c � 4) a 0 0• C Q c E N m m m > H m w °� o X a Z 'v x y U R D c �'mH T c 0 m m�cow m tm C t C N N O t0 N L m 'C N }, > CL tC •p r n..0.+ c a+ m 'O Ci .+ m m L .. to •- (L —WOW m x m m •- w m wcowo()O�- 0 m L z 0 c w m z V m 0 0 M v O CA N0Ci O 0 0 �A O LQ v O O ;:IO M0 v0 t0 O M O Cl)N C') 91 m c O Oz z N .3+ c c �w 9 Ctry of La Quinta Reconciliation of Actual and Surplus Funds City, Redevelopment Agency and Financing Authority February 28, 2005 Balance of Actual Funds 182,409,386 Less Petry cash Funds (1,000) Less Non -Surplus Funds i 1,829.009 Balance of Surplus Funds I $ 184.237,395 City Cash & Inveslrnents All Furx15 Surplus StXWus i Surplus Surplus Surplus No % Yes__ Bank Accounts Name - Availability Su us T ` ''�, Ves Ad Yes S No Atl $ 6.270.989 S(8.099,998)� S(1,829.11a3) _Actual Wells Forgo - Demand No Checking S 6,2)0,989 $ 1.000 1.000 Petry Cash - Demand No WA 1'000 927 �- Wells Fa lHousi - Demand Total -Bank Accounts Yes Checking 927 S 6,271,92 S (927)I S $ (927) S 6,271.989 5 (8.099.998) 511.828.009) 3.4379X -0.000SX Surplus All FurWs . Surplus U. S. Treasury Amortized Surplus Surplus Ad Yes Surplus NO Atll No Actual % Yes Custodian - AvailabilityI Surplus Issuerrr Value Yes i Bank of New York - Demand Ye s U.S. Treasury Note 4.993.8G5 4,993.8fi5 4,984,114 -. 4,993,865 4.984.114 - Bank of New York - Demand Yes U.S. Treasury Note 4.984,714 5.004.314 5,004.314 '. S,004,374 Bank of New York - Demand Yes U.S. Treasury Note Treasury Note 3,989,990 3,989,990 3.989.990 Bank of New York -Demand Yes U.S. Treasury Note I 5.007,453 5.007.453 5,007,453 Bank of New York - Demand Yes Yes U.S U.S. Treasury Note 1. 4,990,659 4.990,659 4,990.659 Bank of New York - Demand Yes U.S. Treasury Note '3.977,398 3.977.398 3,977,398 - Bank of New York - Demand Yes U.S Treasury Note 5.002.201 ------------ _ 20 8048°•� 20 5984°•., Bank of New York -Demand Total - U.S. Treasury 37,949,994 37.�9.29(0�1 3�•9 Surplus All Funds Surplus U.S Government Securities Amortized Surplus Yes Surplus Atl Ves Surplus No Atli_ No _-.- - Actual', Yes_ Custodian - Availability Surplus Issuer/Type Value 5,110.787 —__�-_�_i 5.110.781 5.110.787 _ Bank of New York - Demand Yes FNMA FHLB 1,993.820 1.993.820 1.993.a20 Bank of New York - Demand Yes FHLB 1,994,397 1,994,397 1.994,397 Bank of New York - Demand Yes Yes !'�1 FHLB 2,561,170 2.561,170 , - jl Bank of New York - Demand Demand Yes i FNMA -Discount 1,949.672 1,949,672 '., 1. .949,6772 ' Bank of New York - New York -Demand � Yes � FretldieMac �, 7,606,250 7.636.250 �. 7,636,250 - Bank of Bank of New York Demand Yes _-- _- - 2,437,491 FreOdieMac Discount � 2 637 491 — 2.437.491 23,683.587 129838% 1285491, Total -U.S Government Securities 23,683,587 23,683.587 Surplus All Funds Surplus Local ncy Investment Fund Age Surplus i Surplus Ad Yes Surplus Ad No L Actual_4„ Yes _ Name - AvailabilitySurplusNo Yes _ -Type30.864.628 State Pool 22,764.830 Yes 22.764,830 - 8,099.998 _ . - LAIF City -Demand LAIF - RDA - Demand Yes State Pool 3.591,925 3.591,925 26.356.755 3,591.925 8,096.998 34,456.753 .__ - ---- --- ------ -- -- 14 449250 18 7024 - Total -State Pool 26,356.755 48,2378% 52.1557E) Total City Investments 87,990,336 67,990,336 1 8,099,99E 1 96,090,334 94,261,398 87,989.409 1 8,099,998 96,089,407 6,271,989 1 (8,099,998) 0,828,009) 5V6757% 52.1552X Total City Cash & Investments Fiscal Agent Investments All Funds Surplus Amortized Surplus Surplus Surplus Surplus No Actual Yes Portfolio - City Investments Custodian- Availabiliy.___ Sinus Issuer,�Type - Value Yes AdJ--_1--_Ves --- No _- Aqj - j ----------- - -% _ _.__. _ 2002 RDA U.S Bank-CIP Ves U.S Treasury Bill 27,961,226 27 961.226 27,961,226 - _ 2004 Finance Authority -CIP Yes U. S.Treasury B41 9.983.342 9,983.342 9,983.342 44,658.31E " 2004 Finance Authority -CIP Yes U.S Treasury Bill 44,658.316 44 658,316 i ____.. _ _._ Total - U.S Treasury ----------- Yes 82.602.884 82 602,884 --------- 82.602,884 45 2843`M 44 8350 Portfolio - Mutual Funds Money Market Trustee - Availahlity Surplus Mutual Fund Gvic Center U.S Bank - Project _' YES 1st American Civic Center U.S Bank - Debt Svc YES 1st American 1994 RDA U.S. Bank -Debt Svc YES 1st American 1995 RDA U. S.Bank - CIP YES 1st American 1995 RDA U. S. Bank - Special Fund YES 1st American 2004 Fin Auth - 1995 US Bank - Escrow YES 1st American 1998 RDA U. S. Bank - CIP YES 1st American 1998 RDA U.S. Bank - Dbt Svc YES 1 st American 1998 RDA U.S.Bank - Special Fund YES 1st American 1998 RDA U.S Bank - CIP YES 1st American 2001 RDA U.S. Bank • Dbt Svc YES', 1st American 2001 RDA U.S. Bank •CIP YES 1st American 2002 RDA U.S. Bank - Dbt Svc YES 1st American 2002 RDA U.S. Bank - CIP YES 1st American 2003 Taxable RDA U.S Bank - DS YES 1st American 2003 Taxable RDA U. S. Bank -COI YES 1 st American 2003 Taxable RDA U. S. Bank-CIP YES 1st American 2004 Fin Auth US Bank - CIP YES 1st American 2004 Fin Auth US Bank • CO1 YES 1st American All Funds Surplus Actual ro Yes I i 3.0399% • J W98°h Total Fiscal Agent Investments 88,147,988 88,147,988 88,147,988 48.3243% 47.8448X Grand Total 182,409,386 176,137,397 8,099,998 184,237,395 6,271,989 (8,099,998) 1,8z8,o09) 100.0000% 100 000 10 m N o 0 0 o 0 - \ \ \ \ \ 0 o 0 o M o N o 0 o N o o 0 0 0 C 3 COf�NM 3W V W I'-N't a0 C CMO)O CO O 3h'�tODNr CNOMf` O C 3 tcl0 )cD. 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C O I Q X CO 1 � 1 � I ■ c I L cn co +N• c 0 E U > to I o o c N Q I O O d R , ■ I co 0) C �C co 0) C R _ AMR W W LL I cu W C cc W i O N O N O cu i C C LL- o 0 C ■ Q Q J (,� R N L) 0 0-'- o 0 0 O O n O tf) O CL I M N N ZU05JOd 12 CITY OF LA QUINTA CITY CITY RDA RDA FA BALANCE SHEET 02/28/05 FIXED LONG TERM FIXED LONG TERM FINANCING LONG TERM GRAND CITY ASSETS DEBT RDA ASSETS DEBT AUTHORITY DEBT TOTAL ASSETS: POOLED CASH (10,805,351.44) 0.00 0.00 42,769,532.95 0.00 0.00 1,562.85 0.00 31,965,744.36 LQRP INVESTMENT IN POOLED CASH 0.00 0.00 0.00 662,000.00 0.00 0.00 0.00 0.00 662,000.00 INVESTMENT T-BILUNOTES & OTHER 61,461,000.00 0.00 0.00 83,000,000.00 0.00 0.00 0.00 0.00 144,461,000.00 LANDMARK CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LQRP CASH 0.00 0.00 0.00 (927.41) 0.00 0.00 0.00 0.00 (927.41) BOND REDEMPTION CASH 0.00 0.00 0.00 100.55 0.00 0.00 21.48 0.00 122.03 BOND RESERVE CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 BOND PROJECT CASH 0.00 0.00 0.00 5,539.922.35 0.00 0.00 5,061.47 0.00 5,544,983.82 BOND ESCROW CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PETTY CASH 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,000.00 CASH & INVESTMENT TOTAL 50,656,648.56 0.00 0.00 131,970,628.44 0.00 0.00 6,645.80 0.00 182,633,922.80 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 155,235.93 0.00 0.00 60,900.00 0.00 0.00 0.00 0.00 216,135.93 PREMIUM/DISCOUNT ON INVESTMENT 172,580.36 0.00 0.00 (397,116.89) 0.00 0.00 Q00 0.00 (224,536.53) LQRP-ACCOUNTS RECEIVABLE 0.00 0.00 0.00 86,086.26 0.00 0.00 0.00 0.00 86,086.26 INTEREST RECEIVABLE 22,430.55 0.00 0.00 0.00 0.00 0.00 0.00 0.00 22,430.55 LOAN/NOTES RECEIVABLE 0.00 0.00 0.00 12,741,527.47 0.00 0.00 90,000,000.00 0.00 102,741,527.47 DUE FROM OTHER AGENCIES 3,519,458.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,519,458.70 DUE FROM OTHER AGENCIES-CVAG 879,096.69 0.00 0.00 0.00 0.00 0.00 0.00 0.00 879,096.69 CVAG ALLOWANCE (879,096.69) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (879,096.69) DUE FROM OTHER GOVERNMENTS 14,033.81 0.00 0.00 0.00 0.00 0.00 0.00 0.00 14,033,81 DUE FROM OTHER FUNDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ADVANCES TO OTHER FUNDS - PRINCIPAL 21,397,550.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 21,397,550.21 ADVANCES TO OTHER FUNDS - INTEREST 0.00 0.00 0.00 5,359,150.72 0.00 0.00 0.00 0.00 5,359,150.72 ADVANCES TO OTHER FUNDS 8,792,906.42 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8,792,906.42 SILVER ROCK - PRINCIPAL 293,310.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 293,310.52 NSF CHECKS RECEIVABLE 1,876.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,876.75 ACCRUED REVENUE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 FIXED ASSETS 18,253,406.98 372,872,574.00 0.00 0.00 64,962,148.00 0.00 0.00 0.00 456,088,128.98 ACCUMULATED DEPRECIATION (2,562,164.00) (58,105,887.00) 0.00 0.00 (210,000.00) 0.00 0.00 0.00 (60,878,051.00) TRAVEL ADVANCES 400.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 400.00 EMPLOYEE ADVANCES 7,824.59 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,824.59 PREPAID EXPENSES 158,576.79 0.00 0.00 0.00 0.00 0.00 0.00 0.00 158,576.79 RECEIVABLE TOTAL 50,227,427.61 314,766,687.00 0.00 17,850,547.56 64,752,148.00 0.00 90,000,000.00 0.00 537,596,810.17 0.00 0.00 0.00 WORKER COMPENSATION DEPOSIT 117,729.37 0.00 0.00 0.00 0.00 0.00 0.00 0.00 117,729.37 RENT DEPOSITS 4,830.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,830.00 UTILITY DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MISC. DEPOSITS 251 073.21 0.00 0.00 319,460.00 0.00 0.00 0.00 0.00 570,533.21 DEPOSITS TOTAL 373,632.58 0.00 0.00 319,460.00 0.00 0.00 0.00 0.00 693,092.58 GENERAL FIXED ASSETS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ACCUMULATED DEPRECIATION 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT AVAILABLE TO RETIRE UT DEBT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT TO BE PROVIDED FOR L/T DEBT 0.00 0.00 1,970,552.85 0.00 0.00 247,549,965.00 0.00 94,814,343.00 344,334,860.85 TOTAL OTHER ASSETS 0.00 0.00 1,970,552.85 0.00 0.00 247,549,965.00 0.00 94,814,343.00 344,334,860.85 TOTAL ASSETS 101,257,708 75 314,766,687.00 1,970,552.85 150,140,636.00 64,752,148.00 247,549,965.00 90,006,645.80 94,814,343.00 1,065,258,686.40 LIABILITIES: ACCOUNTS PAYABLE 553,843.18 0.00 0.00 19,710.49 0.00 0.00 0.00 0.00 573,553.67 DUE TO OTHER AGENCIES 1,120,987.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,120,987.30 DUE TO OTHER FUNDS 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 ADVANCES FROM OTHER FUNDS - PRINCIPAL 5,652,461.24 0.00 0.00 21,397,550.21 0.00 0.00 0.00 0.00 27,050,011.45 ADVANCES FROM OTHER FUNDS - INTEREST 0.00 0.00 0.00 8,792,907.52 0.00 0.00 0.00 0.00 8,792,907.52 INTEREST PAYABLE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RETENTION PAYABLE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CAPITAL LEASES PAYABLE 622,714.67 0.00 0.00 0.00 0.00 0.00 0.00 0.00 622,714.67 PAYROLL LIABILITIES 185,512.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 185,512.21 STRONG MOTION INSTRUMENTS 5,131.58 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,131.58 84,848.87 FRINGE TOED LIZARD FEES 84,848.87 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 50.00 SUSPENSE DUE TO THE CITY OF LA QUINTA 50.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAYABLES TOTAL 8,225,549.05 0.00 0.00 30,210,168.22 0.00 0.00 0.00 0.00 38,435,717.27 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 SO. COAST AIR QUALITY DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 18,664.00 LQRP DEPOSITS DEVELOPER DEPOSITS 0.00 1,461,001.42 0.00 0.00 0.00 0.00 18,664.00 2,835.00 0.00 0.00 0.00 0.00 1,463,836.42 MISC. DEPOSITS 736,042.56 0.00 0.00 25,000.00 0.00 0.00 0.00 0.00 761,042.56 AGENCY FUND DEPOSITS 1,089,860.11 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,089,860.11 3,333,403.09 TOTAL DEPOSITS 3,286,904.09 0.00 0.00 46,499.00 0.00 0.00 DEFERRED REVENUE 3,471,324.83 0.00 0.00 10,618,101.84 0.00 0.00 0.00 0.00 90,000,000.00 90,000,000.00 0.00 0.00 104,089,426.67 104,089,426.67 OTHER LIABILITIES TOTAL 3,471,324.83 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 0.00 531,553.26 1,010,688.59 DEVELOPER AGREEMENT 0.00 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 0.00 428.311.00 DUE TO THE CITY OF LA QUINTA 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 0.00 90,000,000.00 0.00 0.00 90,000,000.00 LOANS PAYABLE 0.00 0.00 0.00 0.00 0.00 148,832,629.00 0.00 94,814,343.00 243,646,972.00 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 TOTAL LIABILITIES 14,983,777.97 0.00 1,970,552.85 40,874,769.06 0.00 247,549,965.00 90,000,000.00 94,814,343.00 490.193,407.88 EQUITY•FUND BALANCE 86,273,930.78 314,766,687.00 0.00 109,265,866.94 64.752.148.00 0.00 6,645.80 0.00 575,065,278.52 TOTAL LIABILITY & EQUITY 101,257,708.75 314,766,687.00 1,970,552.85 150,140,636.00 64,752,148.00 247,549,965.00 90,006,645.80 94,814,343.00 1,065,258,686.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CASH & INVESTMENT TOTAL 182,633.922.80 „ !� PREMIUM/DISCOUNT ON INVESTMENT (224,536.53) 1 TOTAL 182,409,386.27 13 ai Sep QuiKraj CIL.f 9ti5 OF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: April 19, 2005 BUSINESS SESSION: ITEM TITLE: Transmittal of Revenue and Expenditure Report for February 28, 2005 and Investment CONSENT CALENDAR: Summary Report for the Quarter Ending March 31, STUDY SESSION: 2005 PUBLIC HEARING: RECOMMENDATION: Receive and File. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Transmittal of the Statement of Revenue and Expenditures for February 28, 2005 and Investment Summary Report for the Quarter ending March 31, 2005 for the City of La Quinta. 'w� Respectfully submitted, AJohM. Falconer, Ninance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures for February 28, 2005 and Investment Summary Report dated March 31, 2005 2 ATTACHMENT CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2004 - 02128/05 FUNDS BUDGET RECEIVED RECEIVED General $23,996,963.00 $16,729,028.39 69.70% Library 649,500.00 8,091.30 1.20% Gas Tax Revenue 622,200.00 376,994.87 60.60% Federal Assistance 340,355.00 0.00 0.00% Urban Forestry 1,100.00 0.00 0.00% Slesf (Cops) Revenue 100,000.00 100,288.74 100.30% Local Law Enforcement 0.00 0.00 0.00% Indian Gaming 177,250.00 178,024.96 100.40% Lighting & Landscaping 825,800.00 415,276.03 50.30% RCTC 411,644.00 0.00 0.00% Quimby 153,900.00 242,005.53 157.20% Infrastructure 15,600.00 2,797.83 17.90% Village Parking 0.00 0.00 0.00% South Coast Air Quality 175,700.00 150,633.92 85.70% Cmaq/lstea 553,785.00 419,323.33 75.70% Transportation 758,700.00 1,388,737.79 183.00% Parks & Recreation 501,000.00 448,000.27 89.40% Civic Center 192,500.00 344,782.79 179.10% Library Development 112,500.00 200,231.15 178.00% Community Center 59,200.00 88,766.87 149.90% Street Facility 11,700.00 19,141.46 163.60% Park Facility 3,000.00 4,663.43 155.40% Fire Protection Facility 32,100.00 94,838.88 295.40% Library Development (County) Facility 190,963.00 1,133.61 0.60% Arts In Public Places 98,600.00 157,622.48 159.90% Interest Allocation 0.00 305,055.90 0.00% Capital Improvement 81,484,281.68 24,204,167.06 29.70% Assessment District 2000-1 6,000.00 1,913.86 31.90% Equipment Replacement 388,860.00 355,679.86 91.50% Information Technology 423,568.00 419,768.11 99.10% Park Equipment & Facility 14,113,209.00 14,114,363.95 100.00% SilverRock Golf 1,911,056.00 82,226.42 4.30% LQ Public Safety Officer 2,100.00 2,033.33 96.80% La Quinta Financing Authority 3,681,249.00 1,268,006.98 34.40% RDA Project Area No. 1 37,086,041.00 19,841,979.24 53.50% RDA Project Area No. 2 29,757,067.00 21,014,376.15 70.60% Total 1 $198 837,491.68 1 $102,979,954.49 1 51.80% N CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07/01/2004 - 02128/05 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $25,788,923.00 $12,184,282.87 $68,279.81 $13,536,360.32 47.2% Library 2,416,501.00 298,625.00 0.00 2,117,876.00 12.4% Gas Tax 897,998.00 429,728.64 0.00 468,269.36 47.9% Federal Assistance 509,535.00 9,478.37 0.00 500,056.63 1.9% 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 825,800.00 550,533.32 0.00 275,266.68 66.7% RCTC 2,056,829.00 0.00 0.00 2,056,829.00 0.0% Quimby 547,871.00 87,619.10 0.00 460,251.90 16.0% Infrastructure 1,140,356.00 153,841.60 0.00 986,514.40 13.5% Village Parking (1,893.00) 0.00 0.00 (1,893.00) 0.0% South Coast Air Quality 239,349.00 146,904.35 0.00 92,444.65 61.4% Cmaq/lstea 553,785.00 419,323.33 0.00 134,461.67 75.7% Transportation 4,444,962.00 412,610.26 0.00 4,032,351.74 9.3% Parks & Recreation 214,814.00 64,161.52 0.00 150,652.48 29.9% Civic Center 3,486,090.00 202,149.11 0.00 3,283,940.89 5.8% Library Development 3,746,450.00 2,193,401.97 0.00 1,553,048.03 58.5% 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 11,170.70 0.00 (11,170.70) 0.0% Library County DIF 590,863.00 408,182.00 0.00 182,681.00 69.1% Arts In Public Places 560,938.68 117,624.50 0.00 443,314.18 21.0% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 81,484,281.68 24,204,167.06 137,842.79 57,142,271.83 29.7% Proposed Assessment District 142,507.00 0.00 0.00 142,507.00 0.0% Equipment Replacement 1,097,339.00 117,219.81 57,183.62 922,935.57 10.7% Information Technology 590,351.00 205,671.10 26.94 384,652.96 34.8% Park Maintenance Facility 0.00 0.00 4,315.82 0.00 0.0% SilverRock Golf 2,154,228.00 306,702.92 13,016.20 1,834,508.88 14.2% Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% La Quinta Financing Authority 3,735,955.00 1,321,413.62 0.00 2,414,541.38 35.4% RDA Project Area No. 1 82,494,583.00 33,082,250.84 0.00 49,412,332.16 40.1 % RDA Project Area No. 2 31,387,177.00 14,936,916.09 0.00 16,450,260.91 47.6% Total 251,384,843.36 91,863,978.08 $280,665.18 159,244,515.92 36.5% CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL 07/01/2004 - 02/28/05 REMAINING BUDGET RECEIVED BUDGET TAXES: Property Tax No Low Property Tax Distribution Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Transient Occupancy Tax - Mitigation Measures Franchise Tax TOTAL TAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Mechanical Permits Electrical Permits Garage Sale Permits Misc. Permits TOTAL LICENSES & PERMITS FEES: Sale of Maps & Publications Community Services Fees Bldg & 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 Services Credit CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Other Mitigation Measures Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFER IN TOTAL GENERAL FUND 743,400.00 669,366.09 74,033.91 1,233,100.00 654,955.36 578,144.64 4,072,200.00 2,926,013.93 - 1,146,186.07 1,334,500.00 666,381.50 668,118.50 539,700.00 572,766.66 (33,066.66) 4,030,300.00 1,415,641.81 2,614,658.19 0.00 345,000.00 (345,000.00) 797,800.00 470,165.56 327,634.44 12,751,000.00 7,720,290.91 5,030,709.09 202,500.00 151,909.30 50,590.70 15,400.00 9,087.00 6,313.00 493,800.00 1,251,136.46 (757,336.46) 84,400.00 198,786.82 (114,386.82) 43,100.00 111,992.49 (68,892.49) 85,000.00 167,413.75 (82,413.75) 5,000.00 9,610.00 (4,610.00) 42 200.00 161,658.25 (119,458.25) 971,400.00 2,061,594.07 (1,090,194.07) 4,400.00 8,904.79 (4,504.79) 191,300.00 168,680.82 22,619.18 471,000.00 836,082.32 (365,082.32) 222,400.00 145,157.50 77,242.50 584,400.00 953,670.91 (369,270.91) 1,473,500.00 2,112,496.34 (638,996.34) 1,455,300.00 978,417.31 476,882.69 77,500.00 49,817.83 27,682.17 41,900.00 15,466.00 26,434.00 31,609.00 29,528.40 2,080.60 182,100.00 0.00 182,100.00 0.00 0.00 0.00 8,451.00 48,253.52 (39,802.52) 3,748,040.00 1,326,671.50 2,421,368.50 175,000.00 174,158.19 841.81 5,719,900.00 2,622,312.75 3,097,587.25 2,265,300.00 1,721,325.28 543,974.72 17,100.00 5,718.20 11,381.80 316,011.00 346,000.00 (29,989.00) 0.00 0.00 0.00 0.00 5.84 (5.84) 333,111.00 351,724.04 (18,613.04) 482,752.00 139,285.00 343,467.00 23,996,963.00 16,729,028.39 7,267,934.61 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING BUDGET RECEIVED BUDGET 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 649,500.00 0.00 649,500.00 0.00 0.00 0.00 0.00 8,091.30 (8,091.30) 649,500.00 8,091.30 641,408.70 193,100.00 120,781.11 72,318.89 137,900.00 86,627.11 51,272.89 256,900.00 161,914.40 94,985.60 6,000.00 6,000.00 0.00 20,700.00 0.00 20,700.00 7,600.00 1,672.25 5,927.75 622,200.00 376,994.87 245,205.13 340,355.00 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 1,100.00 100,000.00 100,000.00 0.00 0.00 288.74 (288.74) 100,000.00 100,288.74 (288.74) 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 0.00 774.96 (774.96) 177,250.00 178,024.96 (774.96) 825,800.00 415,276.03 410,523.97 0.00 0.00 0.00 0.00 0.00 0.00 825,800.00 415,276.03 410,523.97 411,644.00 0.00 411,644.00 0.00 0.00 0.00 411,644.00 .00 411,644.00 150,000.00 240,027.52 (90,027.52) 3,900.00 1,978.01 1,921.99 153,900.00 242,005.5388,105.53 0.00 0.00 15,600.00 2,797.83 12,802.17 0.00 0.00 0.00 15,600.00 2,797.83 12,802.17 0.00 0.00 0.00 0.00 0.00 0.00 Di 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 CMAQIISTEA CMAQ/ISTEA Grant Interest TOTAL CMAQ/ISTEA TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION PARKS & RECREATION Developer fees Interest Transfer in TOTAL PARKS S 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 PARK FACILITY Developer fees Interest TOTAL STREET 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 10,140.85 24,274.15 139,285.00 139,285.00 0.00 0.00 0.00 2,000.00 1,208.07 791.93 175,700.00 150,633.92 25,066.08 553,785.00 419,323.33 134,461.67 0.00 0.00 0.00 553,785.00 419,323.33 134,461.67 721,400.00 1,358,672.70 (637,272.70) 37,300.00 30,065.09 7,234.91 0.00 0.00 0.00 758,700.00 1,388,737.79 (630,037.79) 501,000.00 445,834.00 55,166.00 0.00 2,166.27 (2,166.27) 0.00 0.00 0.00 501,000.00 448,000.27 52,999.73 192,500.00 336,446.89 (143,946.89) 0.00 8,335.90 (8,335.90) 0.00 0.00 0.00 192,500.00 344,782.79 (152,282.79) 112,500.00 199,846.00 (87,346.00) 0.00 385.15 (385.15) 0.00 0.00 0.00 112,500.00 200,231.15 (87,731.15) 48,500.00 85,767.00 (37,267.00) 10 700.00 2,999.87 7,700.13 59,200.00 88,766.87 (29,566.87) 9,800.00 18,466.49 (8,666.49) 1,900.00 674.97 1,225.03 11,700.00 19,141.46 (7,441.46) 2,500.00 4,494.00 (1,994.00) 500.00 169.43 330.57 3,000.00 4,663.43 (1,663.43) 32,100.00 94,558.41 (62,458.41) 0.00 280.47 (280.47) 32,100.00 94,838.88 (62,738.88) 190,863.00 0.00 190,863.00 100.00 1,133.61 (1,033.61) 190,963.00 1,133.61 189,829.39 97,500.00 154,053.16 (56,553.16) 0.00 0.00 0.00 1,100.00 3,569.32 (2,469.32) 98,600.00 157,622.48 (59,022.48) 0.00 305,055.90 (305,055.90) 0.00 0.00 0.00 0.00 305,055.90 (305,055.90) 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 S13821-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 Insurance Recoveries 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 Capital Contributions TOTAL PARK EQUIPMENT & FAC SILVERROCK GOLF Green fees Range fees Resident Card Merchandise Allocated Interest Income Food & Beverage TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY REMAINING BUDGET RECEIVED BUDGET 6,592,557.00 603,936.61 5,988,620.39 877,462.00 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 52,887.00 664,658.00 165,040.00. 499,618.00 0.00 0.00 0.00 87,500.00 0.00 87,500.00 0.00 0.00 0.00 72 920 667.68 23 435,190.45 49,485,477.23 81,484,281.68 24,204,167.06 57,280,114.62 6,000.00 1,913.86 4,086.14 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,000.00 1,913.86 4,086.14 328,160.00 328,160.35 (0.35) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 15,203.00 (15,203.00) 60,700.00 12,316.51 48,383.49 0.00 0.00 0.00 388,860.00 355,679.86 33,180.14 416,568.00 416,568.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,000.00 3,200.11 3,799.89 0.00 0.00 0.00 423,568.00 419,768.11 3,799.89 250,000.00 250,000.00 0.00 0.00 1,154.95 (1,154.95) 13 863,209.00 13,863,209.00 0.00 14,113,209.00 14,114,363.95 (1,154.95) 1,646,790.00 53,682.74 1,593,107.26 22,696.00 0.00 22,696.00 0.00 26,425.00 (26,425.00) 119,681.00 2,190.86 117,490.14 0.00 (72.18) 72.18 121,889.00 0.00 121,889.00 1,911,056.00 82,226.42 1,828,829.58 2,000.00 2,000.00 0.00 100.00 33.33 66.67 2,100.00 2,033.33 66.67 07/01/2004 - 02/28/05 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 760,385.00 313,248.81 0.00 447,136.19 CITY MANAGER'S OFFICE 850,100.00 533,468.52 17,500.00 299,131.48 ECONOMIC DEVELOPMENT 840,600.00 443,619.39 0.00 396,980.61 PERSONNEURISK MGT 794,069.00 430,473.13 0.00 363,595.87 TOTAL GENERAL GOVERNMENT 3,245,154.00 1,720,809.85 17,500.00 1,506,844.15 CITY CLERK 526,211.00 344,537.47 305.00 181,368.53 TOTAL CITY CLERK 526,211.00 344,537.47 305.00 181,368.53 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 789,610.00 405,070.20 2,764.00 381,775.80 SENIOR CENTER 376,294.00 184,665.79 0.00 191,628.21 PARKS & RECREATION PROGRAMS 144,503.00 118,269.36 0.00 26,233.64 TOTAL COMMUNITY SERVICES 1,310,407.00 708,005.35 2,764.00 599,637.65 FINANCE: FISCAL SERVICES 726,376.00 413,012.97 0.00 313,363.03 CENTRAL SERVICES 659,448.00 446,953.33 2,427.61 210,067.06 TOTAL FINANCE 1,385,824.00 859,966.30 2,427.61 523,430.09 BUILDING 8 SAFETY: BUILDING & SAFETY - ADMIN 321,517.00 162,770.65 0.00 158,746.35 BUILDING 1,346,594.00 839,049.92 0.00 507,544.08 CODE COMPLIANCE 658,084.00 324,644.63 0.00 333,439.37 ANIMAL CONTROL 302,229.00 131,598.61 0.00 170,630.39 CIVIC CENTER BUILDING -OPERATIONS 1,106,324.00 783,929.96 0.00 322,394.04 TOTAL BUILDING & SAFETY 3,734,748.00 2,241,993.77 0.00 1,492,754.23 PUBLIC SAFETY: POLICE SERVICES 6,813,954.00 2,922,362.90 0.00 3,891,591.10 FIRE 3,854,784.00 974,695.59 0.00 2,880,088.41 EMERGENCY SERVICES 45,193.00 22,611.52 0.00 22,581.48 TOTAL PUBLIC SAFETY 10,713,931.00 3,919,670.01 0.00 6,794,260.99 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 556,886.00 272,565.77 0.00 284,320.23 CURRENT PLANNING 750,085.00 396,139.99 3,048.86 350,896.15 TOTAL COMMUNITY DEVELOPMENT 1,306,971.00 668,705.76 3,048.86 635,216.38 PUBLIC WORKS: (389,171.00) PUBLIC WORKS ADMINISTRATION 277,879.00 165,960.14 0.00 111,918.86 DEVELOPMENT & TRAFFIC 1,226,366.00 796,543.04 0.00 429,822.96 MAINT/OPERATIONS - STREETS 2,188,469.00 586,120.76 32,329.62 1,570,018.62 MAINT/OPERATIONS - LTG/LANDSCAPING 1,760,213.00 939,230.95 9,904.72 811,077.33 MAINT/OPERATIONS - PARK MAINTENANCE 915,140.00 601,437.23 0.00 313,702.77 CONSTRUCTION MANAGEMENT 878,817.00 476,261.51 0.00 402,555.49 TOTAL PUBLIC WORKS 7,246,884.00 3,565,553.63 42,234.34 3,249,925.03 TRANSFERS OUT 306,017.00 223,356.53 0.00 82,660.47 GENERAL FUND REIMBURSEMENTS (3,987,224.00) (2,068,315.80) 0.00 (1,918,908.20) NET GENERAL FUND EXPENDITURES 25,788,923.00 12,184,282.87 68,279.81 13,536,360.32 0 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY 07/01/2004 - 02/28/05 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 TRANSFER OUT 2,416,501.00 298,625.00 0.00 2,117,876.00 TOTAL LIBRARY FUND 2,416,501.00 298,625.00 0.00 2,117,876.00 GAS TAX REIMBURSE GENERAL FUND 622,200.00 414,800.00 0.00 207,400.00 TRANSFER OUT 275,798.00 14,928.64 0.00 260,869.36 TOTAL GAS TAX FUND 897,998.00 429,728.64 0.00 468,269.36 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 509,535.00 9,478.37 0.00 500,056.63 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 177,250.00 0.00 0.00 177,250.00 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 825,800.00 550,533.32 0.00 275,266.68 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LTG/LANDSCAPING FUND 825,800.00 550,533.32 0.00 275,266.68 RCTC TRANSFER OUT 2,056,829.00 0.00 0.00 2,056,829.00 TOTAL RCTC 2,056,829.00 0.00 0.00 2,056,829.00 QUIMBY FUND: TRANSFER OUT TOTAL QUIMBY FUND 547,871.00 87,619.10 0.00 460,251.90 INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 1,140,356.00 153,841.60 0.00 986,514.40 TOTAL INFRASTRUCTURE 1,140,356.00 153,841.60 0.00 986,514.40 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 7,619.35 0.00 15,325.65 TRANSFER OUT 216,404.00 139,285.00 0.00 77,119.00 TOTAL SOUTH COAST AIR QUALITY 239,349.00 146,904.35 0.00 92,444.65 CMAQ/ISTEA TRANSFER OUT TOTAL CMAQ/ISTEA FUND 553,785.00 419,323.33 0.00 134,461.67 TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.00 CONTRIBUTION 392,878.00 392,878.00 0.00 0.00 TRANSFER OUT 4,052,084.00 19,732.26 0.00 4,032,351.74 TOTAL TRANSPORTATION 4,444,962.00 412,610.26 0.00 4,032,351.74 PARKS & RECREATION INTEREST ON ADVANCE 0.00 36,168.78 0.00 (36,168.78) TRANSFER OUT 214,814.00 27,992.74 0.00 186,821.26 TOTAL PARKS & RECREATION 214,814.00 64,161.52 0.00 150,652.48 CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 204,366.00 136,244.00 0.00 68,122.00 TRANSFER OUT 3,281,724.00 65,905.11 0.00 3,215,818.89 TOTAL CIVIC CENTER 3,486,090.00 202,149.11 0.00 3,283,940.89 LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 TRANSFER OUT 3,746,450.00 2,193,401.97 0.00 1,553,048.03 TOTAL LIBRARY DEVELOPMENT 3,746,450.00 2,193,401.97 0.00 1,553,048.03 �� 10 CITY OF LA QUINTA 07/01/2004 - 02/28/05 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 11,170.70 0.00 (11,170.70) TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL FIRE PROTECTION DIF 0.00 11,170.70 0.00 (11,170.70) LIBRARY COUNTY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 590,863.00 408,182.00 0.00 182,681.00 TOTAL LIBRARY COUNTY DIF 590,863.00 408,182.00 0.00 182,681.00 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 188,813.00 47,658.50 0.00 141,154.50 TRANSFER OUT 366,825.68 69,966.00 0.00 296,859.68 TOTAL ART IN PUBLIC PLACES 560,938.68 117,624.50 0.00 443,314.18 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 80,484,823.68 24,136,326.58 137,842.79 56,210,654.31 PROJECT REIMBURSEMENTS TO GEN FUND 999,458.00 67,840.48 0.00 931,617.52 TRANSFER OUT 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT 81,484,281.68 24,204,167.06 137,842.79 57,142,271.83 ASSESSMENT DISTRICT 2000-1 COSTS OF ISSUANCE 0.00 0.00 0.00 0.00 TRANSFER TO AGENCY FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 142,507.00 0.00 0.00 142,507.00 TOTAL AD 2000-1 142,507.00 0.00 0.00 142,507.00 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 440,339.00 117,219.81 57,183.62 265,935.57 TRANSFER OUT 657,000.00 0.00 0.00 657,000.00 TOTAL EQUIPMENT REPLACEMENT FUND 1,097,339.00 117,219.81 57,183.62 922,935.57 INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 590,351.00 205,671.10 26.94 384,652.96 TOTAL INFORMATION TECHNOLOGY FUND 590,351.00 205,671.10 26.94 384,652.96 PARK MAINTENANCE FACILITY OPERATING EXPENSES 4,315.82 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK MAINTENANCE FAC 0.00 0.00 4,315.82 0.00 SILVERROCK GOLF OPERATING EXPENSES 2,154,228.00 306,702.92 13,016.20 1,834,508.88 TOTAL SILVERROCK GOLF 2,154,228.00 306,702.92 13,016.20 1,834,508.88 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 a� 0 _C 0 O LL (o E U) c a) 0 Lo c O > 0 C) C N e- J L co O i✓ U � N ►a C E LA d C U to ci �0001-e-N0N�-01-0NWNmtot�o N L^7 0 'd: M 1` CDNT 0 0 N 01` CD 0 °D 0 C N 1 Ili Ili c'M .0 cM N Ili CO M •- cD r- d N CO 000LoLoN"t0C000001,-0 (M co - 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U U L- L- L- C C M C Q Q� d ammcoM co --i— — —_O yJ J J J J J J U) U) U) U U H Z 2 2 2 2== 2 o o 0 LL LL LL LL LL LL LL LL D D D Z) J J U) 1 0 L Q Qi C U Q co p C OfE 0 0 CD o B B 0 0 .` .` Q Q 0 0 a) a� J J N c+) _O LO 69 co C_ C O =3 U U co Co J _ L ' O a) U >1 co a� Q > � L O O c -o O m U p c U E U O O O c E '- cn a) cLa c 0 L L p d U Qcm(n O cn E C O O a) E r Q N C -0 > O cn c U (o �+ Co O_ .N a) O c cn U � > F— o U CU 2E CO CD Q, C 0 C_:_�C O L) 0 Cl) LL 1- L) 12 COUNCIL/RDA MEETING DATE: April 19, 2005 ITEM TITLE: Consideration of an Agreement to Share Sales Tax Revenue with Kohl's Department Store in Consideration of Kohl's Operation of a Retail Site in the City of La Quinta for a Term of at Least 8 Years RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the "Agreement to Share Sales Tax Revenue (Kohl's)" (Attachment 1) and authorize the City Manager to execute the agreement and execute and cause the recordation of the "Covenant, Conditions and Restrictions Affecting Real Property" (Attachment 2), which is also attached to the agreement as Exhibit B. FISCAL IMPLICATIONS: Payments from the City's General Fund will be made quarterly, in an amount equaling 25% of the sales tax revenue derived from operating the Kohl's Department Store. The total payments made under this agreement will not exceed $350,000 and the term of the agreement shall not exceed 8 years. In the event that 8 years elapse and the total sum of $350,000 has not yet been paid, the City shall have no further obligation after that time to make additional payments. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council previously authorized the City Manager and the City Attorney to prepare an agreement to share sales tax revenue with Kohl's Department Store on the following terms and conditions: (1) the total sum paid to Kohl's would not exceed $350,000; (2) the duration of the agreement would not last more than 8 years; (3) Kohl's would agree to open and operate a Kohl's Department Store for at least the term of the agreement (8 years); and (4) payment would be conditioned upon Kohl's satisfying certain conditions. An agreement that meets these criteria has been prepared by the City Attorney. The City Manager and City Finance Director have reviewed and approved the attached form of agreement. Legal counsel for Kohl's has reviewed the agreement and the City Attorney has been informed that Kohl's is prepared to execute the agreement. On April 4, 2005 the agreement and covenant were sent to Kohl's for execution, subject to the City Council's approval of the agreement and covenant. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the attached Agreement to Share Sales Tax Revenue (Kohl's) and authorize the City Manager to execute the agreement and execute and cause the recordation of the Covenant, Conditions and Restrictions Affecting Real Property; or 2. Do not approve the attached agreement and covenant; or 3. Provide staff with alternative direction. Respectfully submitted, /* /4A%, `Michael R.W. Houston, Assistant City Attorne Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Agreement to Share Sales Tax Revenue (Kohl's) 2. Covenant, Conditions and Restrictions Affecting Real Property r ATTACHMENT 1 AGREEMENT TO SHARE SALES TAX REVENUE (KOHL'S) This AGREEMENT (the "Agreement") is entered into this day of , 2005, by and between the CITY OF LA QUINTA, a California municipal corporation ("City"), and Kohl's Department Stores, Inc., a Delaware corporation ("Kohl's") (individually a "Party" and collectively the "Parties"). RECITALS A. Kohl's has the contractual right to acquire that certain real property consisting of approximately 13.134 acres of land area located generally in the I I I La Quinta Shopping Center on the west side of Adams Street at the Whitewater Channel in the City of La Quinta, County of Riverside, State of California, which is more particularly described in the legal description attached hereto as Exhibit "A" (the "Site"). The Site is owned by a third Party who is not a Party to this Agreement (the "Owner"). B. Assuming Kohl's acquires the Site from the Owner and obtains the necessary governmental permits and approvals from all governmental agencies with jurisdiction, including City, Kohl's intends to open and operate a Kohl's Department Store on the Site (the "Kohl's Department Store"). C. In consideration for Kohl's conveyance to City of the interest in the Site set forth in the Covenant (as defined hereinbelow), City has agreed to make certain periodic payments to Kohl's in an amount equal to a portion of the Sales Tax generated by Kohl's Department Store, subject to and in accordance with the other terms and conditions set forth in this Agreement and the Covenants, Conditions, and Restrictions Affecting Interests in Real Property attached hereto as Exhibit "B" (the "Covenant"). The Parties acknowledge and agree that the City's obligations to make periodic payments of a portion of Sales Tax under this Agreement and the Covenant relate only to the Sales Tax generated by the proposed Kohl's Department Store proposed to be located on the Site and shall not apply to any other use on the Site. D. By its approval of this Agreement, the City Council of City has found and determined as follows: (i) that, notwithstanding any other provision set forth in this Agreement or the Covenant to the contrary, City's approval and execution of this Agreement shall not constitute a prejudgment or precommitment by City with respect to any of the discretionary City permits and approvals that may be required for the Site, including without limitation any General Plan Amendment, Planned Community ("PC") Development Plan text amendment, and use permit, and the environmental reviews and approvals in conjunction therewith that are required to accommodate the Kohl's Department Store on the Site, and City reserves its full and unfettered discretion with respect thereto to the same extent it would have such discretion in the absence of this Agreement; (ii) the value to City of Kohl's performance of its obligations set forth in the Covenant in each fiscal year during which City payments are to be made (in terms of economic revitalization, generation of additional local tax revenues that will help to fund vital 119/015610-0062 507996.05 a04/12/05 public services, provision of expanded and more accessible retail and shopping opportunities for the residents of the City, and job growth and retention) will be not less than the amount of such payments; and (iv) that the imposition of the covenants and use restrictions upon the Site pursuant to the Covenant in exchange for the payments to be made by City constitutes a valid public purpose. COVENANTS Based upon the foregoing Recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by both Parties, City and Kohl's hereby agree as follows: 1. Defined Terms. Any capitalized terms contained in this Agreement, which are not defined in this Agreement, shall have the meanings ascribed to such terms in the Covenant. 2. Execution and Recordation of Covenant. Within (10) days after the later to occur of the following events (collectively, the "Covenant Conditions"), City and Kohl's shall fill in the blanks, date, and execute the Covenant in recordable form and Kohl's shall record the Covenant against the Site and provide a copy of the recorded Covenant to City: (i) the date Kohl's acquires fee title to the Site from the Owner and provides satisfactory evidence of such ownership to City; or (ii) the date City issues its final administrative approval of all discretionary land use permits and approvals required to accommodate the Kohl's Department Store on the Site (including without limitation any General Plan Amendment, Planned Community ("PC") Development Plan text amendment, use permit (if applicable), and environmental reviews and approvals in conjunction therewith, but specifically excluding Kohl's performance of any conditions of approval imposed on any such discretionary permit, any demolition permit, grading permit, encroachment permit for work or improvements to occur within public rights -of -way, foundation permit, plan check or inspection for public or private improvements to be constructed as part of or in conjunction with the project, building permit, and similar ministerial or minor administrative permits) or (iii) the full execution of this Agreement if romanettes (i) and (ii) have been satisfied. City agrees to cooperate in the recordation of the Covenant against the Site, at no cost to City and the City Manager or his designee is hereby authorized on behalf of City to execute all documents and take all actions necessary or appropriate to implement this Agreement. 3. Termination of Agreement. Kohl's shall have no obligation hereunder to acquire the Site and Kohl's failure for any reason to acquire the Site shall not constitute a default by Kohl's. If, however, the Covenant Conditions are not satisfied within six months from the date of execution of this Agreement, or such later deadline as may be mutually approved in writing prior to that date by City and Kohl's, this Agreement shall automatically terminate and be of no further force or effect at such time without the requirement of any further action by either Party, and thereafter neither Party shall have any further rights or obligations hereunder. 4. Covenant. Upon Kohl's timely satisfaction of the Covenant Conditions and recordation of the Covenant, the rights and obligations of the Parties shall be as set forth in the Covenant. C. Z. 119/015610-0062 507996.05 a04/12/05 5. Assignment. Kohl's shall not assign, hypothecate, encumber, or otherwise transfer its rights and obligations set forth in this Agreement and the Covenant to any other person or entity without the City's prior written consent, which consent the City may grant or withhold in its absolute discretion. 6. Cooperation in the Event of Legal Challenge; Validation Action. In the event any third party files an action seeking to invalidate this Agreement or the Covenant or seeking any equitable remedy that would prevent the full performance hereof or thereof, City and Kohl's agree to cooperate in the defense of such action. Kohl's shall pay all of the City's costs and expenses (including attorneys' fees) and the City shall have the sole right to select its legal counsel. Such cooperation shall include, without limitation: (i) an agreement by each Party to not default or allow a compromise of said action without the prior written consent of the other Party; (ii) an agreement by each Party to make available to the other Party all non -privileged information necessary or appropriate to conduct the defense of the action; and (iii) an agreement by each Party to make available to the other Party, without charge, any witnesses within the control of the first Party upon reasonable notice who may be called upon to execute declarations or testify in said action. In addition to the foregoing, if Kohl's delivers a written request for such action to City (c/o the City Attorney) not later than thirty (30) days after the date the City Council of City approves this Agreement at a public meeting, City shall file an action in Riverside County Superior Court pursuant to California Code of Civil Procedure Section 860 et seq. to validate this Agreement and the Covenant and each and every one of its and their provisions. In such event, City and Kohl's shall reasonably cooperate in drafting the complaint, briefs, the proposed judgment of validation, and such other pleadings, documents, and filings as may be required or desirable in connection with the validation action. City and its legal counsel shall file and prosecute the validation action, but shall reasonably coordinate and cooperate with Kohl's concerning the drafting of pleadings and other documents and with regard to the litigation strategy to be employed. Kohl's shall reimburse City within fifteen (15) days after written demand therefor for all costs ("Costs") of the validation action. Costs include without limitation, attorney's fees, filing fees and court reporter fees (if any), costs of publication and to effectuate service of process, reasonable photocopying and other reproduction charges, travel time and mileage expenses, and other costs and expenses reasonably incurred by City. In the event of an appeal of such action, the Parties shall cooperate with respect to the appeal to the same extent as at the Superior Court level of the proceedings. Upon the entry of a final non -appealable judgment of any court with jurisdiction invalidating or enjoining the performance of any material covenant set forth in this Agreement or the Covenant, this Agreement and the Covenant shall automatically terminate without the need of further action by either Party. 7. Integration and Amendment. This Agreement and the Covenant attached hereto constitute the entire Agreement by and between the Parties pertaining to the subject matter hereof, and supersede all prior agreements and understandings of the Parties with respect thereto. This Agreement may not be modified, amended, or otherwise changed except by a writing executed by both Parties. w. 119/015610-0062 J 507996.05 a04/12/05 8. Notices. Notices to be given by City or Kohl's hereunder may be delivered personally or may be delivered by certified mail or by reputable overnight delivery service providing a delivery confirmation receipt, with mailed notices to be addressed to the appropriate address(es) hereinafter set forth or to such other address(es) that a Party may hereafter designate by written notice. If served by overnight delivery service or certified mail, service will be considered completed and binding on the Party served on the date set forth in the confirmation or certification receipt. If notice is to City: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Attention: Tom Genovese, City Manager with a copy to: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Attention: M. Katherine Jenson, City Attorney If notice is to Kohl's: Kohl's Department Stores, Inc. N56 W 17000 Ridgewood Drive Menomonee, WI 53051 Attention: Chief Executive Officer with a copy to: Kohl's Department Stores, Inc. N56 W 1700 Ridgewood Drive Menomonee Falls, WI 53051 Attention: Law Department (SIGNATURES ON NEXT PAGE) 119/015610-0062 6 507996.05 a04/12/05 IN WITNESS WHEREOF, City and Kohl's have executed this Agreement to be effective as of the date first set forth above. ATTEST: 0 June S. Greek, City Clerk APPROVED AS TO FORM: 0 M. Katherine Jenson, City Attorney ATTEST: 0 Richard D. Schepp, Secretary "City" CITY OF LA QUINTA, a California municipal corporation 0 Thomas P. Genovese, City Manager "Kohl's" KOHL'S DEPARTMENT STORES, INC., a Delaware corporation By: Its: By: Its: r� 119/015610-0062 507996.05 a04/12/05 EXHIBIT "A" LEGAL DESCRIPTION OF SITE PARCEL 6 OF PARCEL MAP 25865, BOOK 172, PAGES 21 THROUGH 27, INCLUSIVE, OF PARCEL MAPS, RIVERSIDE COUNTY OFFICIAL RECORDS, STATE OF CALIFORNIA. r� 119/015610-0062 V 507996.05 a04/12/05 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Rutan & Tucker, LLP 611 Anton Boulevard, 14th Floor Costa Mesa, CA 92626 Attention: M. Katherine Jenson, E EXHIBIT "B" [Space above for recorder.] EXEMPT FROM RECORDER'S FEE PER GOV. CODE §27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV. & TAX. CODE § 11922 Signature of Declarant or Agent determining tax — Firm Name COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING INTERESTS IN REAL PROPERTY This COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING INTERESTS IN REAL PROPERTY (the "Covenant") is entered into as of this day of , 200_, by and between the CITY OF LA QUINTA, a California municipal corporation ("City"), and Kohl's Department Stores, Inc., a Delaware corporation ("Owner") (individually a "Party" and collectively the "Parties"). RECITALS A. Owner is the owner of that certain real property consisting of approximately 13.134 acres of land area located generally in the 111 La Quinta Shopping Center on the west side of Adams Street at the Whitewater Channel, in the City of La Quinta, County of Riverside, State of California, which is more particularly described in the legal description attached hereto as Exhibit "A" and incorporated herein by this reference (the "Site"). B. On or about , 2005, City and Owner entered into that certain unrecorded Agreement to Share Sales Tax Revenue (the "Agreement") authorizing the recordation of this Covenant against the Site upon the timely satisfaction of the "Covenant Conditions" identified therein. The Covenant Conditions have been satisfied. C. Owner shall operate a Kohl's Department Store on the Site, and, pursuant to the following land use permits and approvals (including all conditions to approval therein) issued by City (collectively, the "Entitlements"). y 119/015610-0062 507996.05 a04/12/05 D. In consideration for Owner's conveyance to City of the interest in the Site set forth in this Covenant, City has agreed to make certain payments to Owner, the amount of which is measured by the Sales Tax generated by the Retail Uses on the Site. City and Owner have agreed that the portion of Sales Tax required to be paid by City to Owner hereunder during each Quarter of the Operating Period provided for herein is a fair exchange for the consideration to be furnished by Owner to City in that Quarter. COVENANTS Based upon the foregoing Recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by both Parties, City and Owner hereby agree as follows: 1. DEFINED TERMS. The following terms when used in this Covenant shall have the meanings set forth below: The term "Agreement" shall have the meaning ascribed in Recital B of this Covenant. The term "Commencement Date" shall have the meaning ascribed in Section 2 of this Covenant. The term "Covenant Payments" shall mean the amounts to be paid by City to Owner with respect to each Quarter of the Operating Period. The term "Covenant Payments Cap Amount" shall have the meaning ascribed in Section 4.1.1(a) as limited by Section 4.1.1(b) of this Covenant. The term "Default" shall have the meaning ascribed in Section 5.1 of this Covenant. The term "Effective Date" shall mean the date this Covenant is executed by the latter of the two Parties to sign, which date shall be inserted in the preamble to this Covenant. The term "Entitlements" shall mean those discretionary City land use permits and approvals required to authorize the opening and operation of the Kohl's Department Store on the Site which are referred to in Recital C of this Covenant, as the same may be amended from time to time. The term "Fiscal Year" shall mean City's fiscal year, which commences on July 1 and ends on the next succeeding June 30. The term "Holder" shall have the meaning ascribed in Section 5.1(b) of this Covenant. The term "Kohl's Department Store" shall mean the project described in Recital C of this Covenant, together with such incidental related uses that comply with the Entitlements and applicable provisions of City's Municipal Code. 119/015610-0062 507996.05 a04/12/05 The term "Operating Period" refers to the period between the Commencement Date and the Termination Date. The term "Quarter" shall mean (i) any of the three (3) month periods during a Fiscal Year commencing July 1, October 1, January 1, or April 1, or (ii) the quarterly or other periods used by the State Board of Equalization in calculating or making Sales Tax payments to City, if such periods differ from City's fiscal quarters described in clause (i) hereinabove. The term "Sales Tax" means, for a given Quarter, or part thereof, during the Operating Period, that portion of sales and use taxes allocated, paid to, and received by City from the imposition of the Bradley -Burns Uniform Sales and Use Tax Law (commencing with Section 7200 of the California Revenue and Taxation Code), or any successor law thereto, that arises from taxable sales and lease transactions generated by the Kohl's Department Store on the Site. Notwithstanding the foregoing, the term "Sales Tax" shall not include (i) the portion of sales or use taxes attributable to the Kohl's Department Store on the Site that are retained by the State Board of Equalization as an administrative, processing, or handling charge (calculated at the same percentage of gross revenues as is applicable City-wide); (ii) the portion of such revenues which in future years may be allocated and paid to City but which is restricted by law (but not contract) by an entity other than City (and binding upon City) to be used for specific uses (other than the uses provided for in this Covenant including without limitation disaster relief, transportation improvements, or otherwise); or (iii) any Sales Tax that may be generated from other retail sources on the Site other than a Kohl's Department Store. The term "Sales Tax Statement" refers to each quarterly statement to be prepared by Owner and submitted to the SBE and City identifying the portion of Sales Tax generated from the Kohl's Department Store on the Site during the previous Quarter as a result of taxable sales transactions, as provided in Section 3.6 of this Covenant. The term "SBE" shall mean the California State Board of Equalization or successor agency with the responsibility of collecting and administering the distribution and payment to City of Sales Tax. The term "Site" shall have the meaning ascribed in Recital A of this Covenant. The term "Termination Date" shall mean the date that is the earliest of (i) the date that is eight (8) years following the Commencement Date; (ii) the date that the Covenant Payments Cap Amount is paid in full; or (iii) the date on which this Covenant is terminated pursuant to Sections 5.2 or 5.3, as applicable. 2. CONDITION TO OWNER'S RIGHT TO RECEIVE COVENANT PAYMENTS. As a condition to Owner's right to receive the Covenant Payments, Owner shall be required to open and operate until the Termination Date or cause said Kohl's Department Store to be opened and operated until the Termination Date for business to the public, all in compliance with the Entitlements. The day on which the aforesaid condition is satisfied shall constitute the "Commencement Date" (unless such date occurs before the execution of this Covenant, in which case the Commencement Date shall constitute the date upon which this Covenant is fully executed by both parties) at which time Owner's obligations pursuant to 1 J 119/015610-0062 507996.05 a04/12/05 1 Section 3 of this Covenant and City's obligations pursuant to Section 4 of this Covenant shall commence. Notwithstanding any other provision set forth in this Covenant, and subject to extension for events of force majeure as provided in Section 6.6, (i) if the condition set forth in the first sentence of the preceding paragraph is not satisfied on or before the date that is eighteen (18) months after the issuance of the first building permit for the Kohl's Department Store project, or (ii) if a building permit is not issued for the Kohl's Department Store project on or before the date that is eighteen (18) months after the Effective Date, either Owner or City may terminate this Covenant by delivery of written notice of termination to the other Party and, in such event, neither Party shall have any further rights against or obligations to the other Party arising out of this Covenant. 3. OWNER'S OBLIGATIONS. 3.1 Continuous Operation; Site As Point of Sale. Owner covenants and agrees to exercise commercially reasonable efforts to continuously operate the Kohl's Department Store on the Site or to cause said Kohl's Department Store to be continuously operated on the Site during normal business hours (subject to temporary interruptions for casualty losses, repairs, and the like) during the entire Operating Period, with inventory and sales personnel sufficient to satisfy and respond to customer demand. To the maximum extent permitted by law, Owner shall designate the Site on its Sales Tax Statements as the point of sale for all sales transactions arising out of the business conducted on the Site. In addition, Owner shall exercise commercially reasonable diligence in an effort to cause financing companies to designate the Site (and the City of La Quinta) on reports they are required to file with the SBE as the situs of the financing of any goods where the transaction is generated from the Site. 3.2 Use Restriction. During the entire Operating Period, that portion of the Site inteAded and approved by the City to be used as a Kohl's Department Store shall not be put to any use other than the operation of the Kohl's Department Store and incidental related uses that comply with the Entitlements and applicable provisions of City's Municipal Code. 3.3 Maintenance and Repair of Site; Landscaping. During the entire Operating Period, Owner, at its sole cost and expense, shall keep and maintain the Site and the improvements thereon and all facilities appurtenant thereto in first class condition and repair and free from accumulations of debris, weeds, graffiti, and waste materials, with landscaping in a healthy condition, and shall otherwise fully comply with the Site's maintenance standards established in that certain Operating Covenant Agreement dated , 2004. During such period, Owner shall not abandon any portion of the Site or leave the Site unguarded or unprotected, and shall not otherwise act or fail to act in such a way as to unreasonably increase the risk of any damage to the Site or of any other impairment of City's interest set forth in this Covenant. During the entire Operating Period, Owner, at its sole cost and expense shall maintain the landscaping on the Site in compliance with the approved landscape plans. 3.4 Compliance with Laws. During the entire Operating Period, Owner shall operate the Kohl's Department Store on the Site in conformity with all valid and applicable federal, state (including without limitation the California Civil Code, the California Government Code, the 119/015610-0062 507996.05 a04/12/05 California Health & Safety Code, the California Labor Code, the California Public Resources Code, and the California Revenue & Taxation Code), and local laws, ordinances, and regulations, provided that Owner does not waive its right to challenge the validity or applicability thereof to Owner or the Site. 3.5 Provision of Sales Tax Statements to City. During the Operating Period, Owner shall deliver to City true and correct copies of all reports that Owner files with the California State Board of Equalization ("SBE") with regard to taxable sales transactions occurring on and with respect to the Kohl's Department Store operation on the Site (the "Sales Tax Statements"). In the event that there is any private business or customer information on the Sales Tax Statement that is not reasonably necessary to enable City to verify the accuracy thereof for purposes of performing its obligations and enforcing its rights set forth in this Covenant, Owner shall be permitted to redact such information from the copy of the document provided to City. Said Sales Tax Statements shall be provided to City concurrently with their submittal to SBE. In addition, if any such Sales Tax Statements are amended or Owner receives notice from SBE regarding any over -reporting or under -reporting of Sales Tax with respect to the Site, Owner shall provide such information to City within a reasonable period not to exceed ten (10) days. 3.6 Non -Discrimination. In the opening and operation of the Kohl's Department Store, Kohl's agrees not to violate applicable laws that prohibit discrimination against any person or class of persons by reason of gender, marital status, race, color, creed, mental or physical disability, religion, age, ancestry, or national origin. 3.7 Indemnification of City. Owner shall defend, indemnify, assume all responsibility for, and hold the City, and the City's representatives, volunteers, officers, employees and agents, harmless from any and all claims, demands, damages, defense costs or liability of any kind (including attorneys' fees and costs), that arise from Owner's operation of the Kohl's Department Store on the Site or which may be caused by any acts or omissions of the Owner under this Covenant, whether such activities or performance thereof be by Owner or by anyone directly or indirectly employed or contracted with by Owner and whether such damage shall accrue or be discovered before or after termination of this Covenant including, but not limited to, Owner's failure to pay, if required, prevailing wages on the construction and development of the Kohl's Department Store. 4. OBLIGATIONS OF CITY. 4.1 Covenant Payments to Owner. 4.1.1 Amount of Covenant Payments; Cap. In consideration for Owner's undertakings pursuant to this Covenant and City's acquisition of the interest in the Site set forth in this Covenant, City shall make the following Covenant Payments to Owner after the end of each Quarter (or part thereof) during the Operating Period: (a) Subject to subparagraph (b) below, the Covenant Payments with respect to each Quarter shall be in an amount equal to twenty-five percent (25%) of the Sales Tax for that Quarter, except that in the Quarter during which the Termination Date occurs, the 119/015610-0062 1 �� 507996.05 a04/12/05 Covenant Payments shall be prorated such that City shall only pay to Owner 25% of Sales Tax for the period between the first day of such Quarter and the Termination Date. (b) Notwithstanding any other provision set forth in this Covenant to the contrary, in no event shall the total amount of Covenant Payments made by City to Owner exceed the sum of Three Hundred Fifty Thousand Dollars ($350,000) (the "Covenant Payments Cap Amount"). In this regard, it is understood and agreed that the Covenant Payments are in consideration of Owner's performance during each Quarter of the Operating Period and are not repayments of a loan. (c) Notwithstanding any other provision set forth in this Covenant to the contrary, even in the event the Covenant Payments Cap Amount has not been reached at the end of the Operating Period, City shall have no further obligation after that time to make additional Covenant Payments. 4.1.2 Source of Payments. The Covenant Payments shall be payable from any source of funds legally available to City, including City's general fund. In this regard, it is understood and agreed that the Sales Tax that is generated from the Kohl's Department Store operation on the Site is being used merely as a measure of the amount of the Covenant Payments that are periodically owing by City to Owner and that City is not pledging any portion of the Sales Tax generated from the Site to Owner. 4.1.3 Payment Procedure. Not later than thirty (30) days after the Sales Tax for the Kohl's Department Store is reported to City by the SBE for each Quarter, or portion thereof, during the Operating Period, City shall pay the Covenant Payment for said Quarter, or portion thereof, to Owner. Each such payment shall be accompanied by a statement identifying (i) the amount of Sales Tax upon which the Covenant Payment amount was calculated, itemized separately for sales taxes and use taxes; (ii) in the event the portion of Sales Tax attributable to taxable sales transactions that is reported by City differs from the Sales Tax Statement provided by Owner for said Quarter, an explanation of the reasons for the difference; and (iii) a cumulative total comparing how the Covenant Payment in question, together with all prior Covenant Payments, relate to the Covenant Payment Cap Amount. It is understood that the amount of City's quarterly Covenant Payments to Owner shall be based upon the amount of Sales Tax that City shall have been able to reasonably confirm it actually has received from the SBE within fifteen (15) days prior to the applicable payment date. If and to the extent that City has not been able to confirm receipt of Sales Tax revenues prior to that date after and despite its exercise of reasonable diligence to do so, its subsequent receipt of Sales Tax with respect to a particular Quarter shall be included in the next succeeding payment(s) required to be made to Owner hereunder. In addition, if after any such quarterly payment is made, either City or Owner obtains information that the amount of City's payment was in error, the Party obtaining such information shall promptly notify the other Party and shall provide such detailed information as may be necessary to explain the discrepancy. The discrepancy then shall be taken into consideration by means of an adjustment to the next quarterly payment to be made by City (either an additional payment in the event City has underpaid a prior Covenant Payment that is due or a credit against the subsequent Covenant Payment in the event City has overpaid); provided, however, that in the event an adjustment 119/015610-0062 14 507996.05 a04/12/05 needs to be made in excess of Ten Thousand Dollars ($10,000), the Party entitled to said sum shall be entitled to deliver a written notice to the other Party requesting an immediate adjustment and in such event the other Party shall make an appropriate payment within fifteen (15) days from receipt of said notice. 4.1.4 Books and Records. Upon the written request of either Party, the other Party shall make available for inspection (at City Hall in the event of a review of City records and at Owner's place of business in La Quinta in the event of a review of Owner's records) such of its books and records as the requesting Party may reasonably determine must be reviewed in order determine whether the correct amount of Covenant Payments have been made or are being made hereunder. Notwithstanding the foregoing, City shall not be required to produce any books or records that it is prohibited from producing by law and Owner shall not be required to produce information that violates the statutorily prescribed privacy rights of individual customers. 4.1.5 No Acceleration; Prepayment. It is acknowledged by the Parties that any payments by City provided for in this Covenant are in consideration for the performance by Owner during the time period(s) for which payments are due. Therefore, City's failure to timely make any payments or City's failure to perform any of its other obligations hereunder shall not cause the acceleration of any anticipated future Covenant Payments by City to Owner. To the maximum extent permitted by law, City shall be permitted to prepay any of the Covenant Payments without penalty. 4.2 Additional Condition Precedent to City's Obligations. In addition to the provisions set forth in Section 2 of this Covenant, City's obligation to make the Covenant Payments pursuant to Section 4.1 of this Covenant for any Quarter during the Operating Period shall be contingent and conditional upon Owner's performance of its obligations set forth in Section 3 of this Covenant during such Quarter. 5. DEFAULTS AND REMEDIES. 5.1 Defaults. (a) Subject to Section 6.6 of this Covenant, the occurrence of any of the following shall constitute a Default: (i) the failure by either Party to perform any obligation of such Party for the payment of money under this Covenant if such failure is not cured within fifteen (15) calendar days after the nonperforming Party's receipt of written notice from the other Party that such obligation was not performed when due; or (ii) the failure by either Party to perform any of its obligations (other than obligations described in clause (i) of this Section 5.1) set forth in this Covenant, if such failure is not cured within thirty (30) days or, if such failure is of a nature that cannot reasonably be cured within thirty (30) days, the failure by such Party to commence such cure within thirty (30) days and thereafter diligently prosecute such cure to completion; or 119/015610-0062 507996.05 a04/12/05 (iii) any representation or warranty by a Party set forth in this Covenant proves to have been incorrect in any material respect when made; or (iv) the Kohl's Department Store is materially damaged or destroyed by fire or other casualty during the Operating Period and Owner fails to commence restoration of the improvements within a reasonable time or thereafter fails to diligently proceed to complete such restoration in accordance with this Covenant; or (v) Owner is enjoined or otherwise prohibited by any governmental agency from occupying the Site during the Operating Period and such injunction or prohibition continues unstayed for ninety (90) days or more for any reason. (b) In the event Owner fails to perform any of its obligations under this Covenant and City sends a notice of such failure to Owner, concurrently therewith City shall send a copy of such notice to any mortgagee or deed of trust holder with respect to the Site (herein the "Holder") (the name and address of which Holder shall be furnished by Owner or such Holder to City) and the Holder shall have the same period of time as is available to Owner to remedy such breach or failure under this Covenant. City shall accept any proper cure of a breach or failure tendered by the Holder. 5.2 City's Remedies Upon Default by Owner. Upon the occurrence of any Default by Owner, and after Owner's receipt of written notice of default and expiration of the time for Owner to cure such Default as provided in Section 5.1, City may at its option: (i) suspend the payment of Covenant Payments otherwise due and payable to Owner hereunder for the period that Owner remains in Default. If City has so suspended its payments in accordance with the terms of this clause (i), then upon Owner's cure of such Default, City shall resume its payment obligations, but shall have no obligation to make payments for any Quarter or portion thereof during which City's obligation to make payments was so suspended; or (ii) if the Default continues uninterrupted for a period of six (6) months, City may terminate this Covenant, in which case City's obligation to make payments to Owner for any period of time after the occurrence of the Default shall be finally terminated and discharged. In no event, however, shall City have the right to specifically enforce Owner's covenants set forth in Section 3 of this Covenant, to prevent Owner's conversion of the Site to another lawful use (even if such use would be inconsistent with this Covenant), or to sue Owner or to recover from Owner any amount that is actually or allegedly attributable to loss of anticipated Sales Tax or other revenues, whether because the amount of Sales Tax generated from the Site is less than projected by Owner or City, or because Owner does not operate the Kohl's Department Store on the Site for the entire Operating Period, or otherwise. 5.3 Owner's Remedies Upon Default by City. Upon the occurrence of any Default by City, and after City's receipt of written notice of Default from Owner and expiration of the time for City to cure such Default as provided in Section 5.1, Owner may terminate this Covenant by 119/015610-0062 507996.05 a04/12/05 16 written notice to City and/or seek whatever legal or equitable remedies may be available to Owner, subject to the provisions of Section 4.1.5. 5.4 Cumulative Remedies; No Waiver. Except as expressly provided herein, the nondefaulting Party's rights and remedies hereunder are cumulative and in addition to all rights and remedies provided by law from time to time and the exercise by the nondefaulting Party of any right or remedy shall not prejudice such Party in the exercise of any other right or remedy. None of the provisions of this Covenant shall be considered waived by either Party except when such waiver is delivered in writing. No waiver of any Default shall be implied from any omission by City to take action on account of such Default if such Default persists or is repeated. No waiver of any Default shall affect any Default other than the Default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of this Covenant shall be construed as a waiver of any subsequent breach of the same provision.. A Party's consent to or approval of any act by the other Party requiring further consent or approval shall not be deemed to waive or render unnecessary the consenting Party's consent to or approval of any subsequent act. A Party's acceptance of the late performance of any obligation shall not constitute a waiver by such Party of the right to require prompt performance of all further obligations. A Party's acceptance of any performance following the sending or filing of any notice of Default shall not constitute a waiver of that Party's right to proceed with the exercise of its remedies for any unfulfilled obligations. A Party's acceptance of any partial performance shall not constitute a waiver by that Party of any rights relating to the unfulfilled portion of the applicable obligation. 5.5 Limitations on City's Liability. Owner acknowledges and agrees that: (i) this Covenant shall not be deemed or construed as creating a partnership, joint venture, or similar association between Owner and City, the relationship between Owner and City pursuant to this Covenant is and shall remain solely that of contracting Parties, that the development and operation of the Kohl's Department Store is a private undertaking and is not a public work, and City neither undertakes nor assumes any responsibility pursuant to this Covenant to review, inspect, supervise, approve, or inform Owner of any matter in connection with the development or operation of the Kohl's Department Store on the Site other than as expressly provided for herein, including matters relating to architects, designers, suppliers, or the materials used by any of them; and Owner shall rely entirely on its own judgment with respect to such matters; provided, that nothing herein is intended to release City from whatever obligations it may have pursuant to applicable laws independent of this Covenant; (ii) by virtue of this Agreement, City shall not be directly or indirectly liable or responsible for any loss or injury of any kind to any person or property resulting from any construction on, or occupancy or use of, the Site, whether arising from: (a) any defect in any building, grading, landscaping, or other onsite or offsite improvement; (b) any act or omission of Owner or any of Owner's agents, employees, independent contractors, licensees, lessees, or invitees; or (c) any accident on the Site or any fire or other casualty or hazard thereon; and (iii) by accepting or approving anything required to be performed or given to City under this Covenant, including any certificate, survey, appraisal, or insurance policy, City shall not be deemed to have warranted or represented the sufficiency or legal effect of the same, and no such acceptance or approval shall constitute a warranty or representation by City to anyone. 119/015610-0062 1 7' 507996.05 a04/12/05 6. GENERAL PROVISIONS. 6.1 Integration and Amendment. This Covenant and the Agreement constitute the entire agreement by and between the Parties pertaining to the subject matter hereof, and supersede all prior agreements and understandings of the Parties with respect thereto. This Covenant may not be modified, amended, supplemented, or otherwise changed except by a writing executed by both Parties. 6.2 Captions. Section headings used in this Covenant are for convenience of reference only and shall not affect the construction of any provisions of this Covenant. 6.3 Binding Effect; Successors and Assigns; Assignments. This Covenant shall run with the land and shall be binding upon and inure to the benefit of, the Parties hereto and their respective successors and assigns, as limited by this Section 6.3. Except as such assignment relates to Holder, the Owner shall not assign, hypothecate, encumber or otherwise transfer its rights or obligations as set forth in this Covenant without first obtaining the City's written consent, which may be given or denied or conditioned in the City's sole discretion. Owner may assign its right to receive the Covenant Payments to any Holder for security purposes or to any lessee or business owning and operating the Kohl's Department Store on the Site. In the event of an assignment for security purposes to a Holder, City agrees that this Covenant be subordinated to the lien of said Holder's deed of trust or mortgage and City agrees to cooperate with Owner in executing an appropriate subordination agreement. In the event that the Holder forecloses on its deed of trust or mortgage or accepts a deed in lieu of foreclosure, then upon the request of such Holder or its successor or assignee, City agrees to enter into a new Covenant on the same terms and conditions set forth herein for the balance of the Operating Period. In the event of any assignment that is consented to in writing by the City, the references in this Covenant to "Owner" shall be deemed to refer to the assignee. 6.4 Counterparts. This Covenant may be executed in two or more counterparts, each of which when so executed and delivered shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. 6.5 Governing... Law. This Covenant shall be governed by and construed in accordance with the internal laws of the State of California without regard to conflict of law principles. 6.6 Force Majeure. Notwithstanding any other provision set forth in this Covenant to the contrary, in no event shall a Party be deemed to be in Default of its obligations set forth herein where delays or failures to perform are caused by circumstances without the fault and beyond the reasonable control of such Party, which circumstances shall include, without limitation, fire/casualty losses; strikes; litigation; unusually severe weather; inability to secure necessary labor, materials, or tools; delays of any contractor, subcontractor, or supplier; unjustified acts or failure to act by City or other governmental agency in the processing or approval of plans or permits or inspection or approval of the construction of the Kohl's Department Store project; litigation by third Parties challenging the validity or enforceability of the Agreement or this Covenant or the Entitlements; and acts of God (collectively, "force 119/015610-0062 507996.05 a04/12/05 18 majeure"). Adverse market conditions or Owner's inability to obtain financing or approval to operate the Kohl's Department Store shall not constitute events of force majeure. In the event of an event of force majeure, the Party so delayed shall notify the other Party of the circumstances and cause of the delay within a reasonable time period after commencement of the delay, it shall keep the other Party informed at reasonable intervals upon request regarding the status of its efforts to overcome said delay, and it shall exercise commercially reasonable diligence to perform as soon as practicable thereafter. 6.7 Notices. Notices to be given by City or Kohl's hereunder may be delivered personally or may be delivered by certified mail or by reputable overnight delivery service providing a delivery conformation receipt, with mailed notices to be addressed to the appropriate address(es) hereinafter set forth or to such other address(es) that a Party may hereafter designate by written notice. If served by overnight delivery service or certified mail, service will be considered completed and binding on the Party served on the date set forth in the confirmation or certification receipt. If notice is to City: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Attention: Mr. Tom Genovese, City Manager with a copy to: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Attention: M. Katherine Jenson, City Attorney If notice to Kohl's: Kohl's Department Stores, Inc. N56 W 17000 Ridgewood Drive Menomonee, WI 53051 Attention: Chief Executive Officer with a copy to: Kohl's Department Stores, Inc. N56 W 17000 Ridgewood Drive Menomonee, WI 53051 Attention: Law Department 6.8 Further Acts. Each Party agrees to take such further actions and to execute such other documents as may be reasonable and necessary in the performance of its obligations hereunder; reserving to City, however, its lawful discretionary and police power authority. Without limiting the generality of the foregoing, upon the expiration or termination of the Operating Period, City will execute and deliver such instruments as may be prepared by Owner at Owner's expense to release the cloud upon title to the Site created by this Covenant; provided, however, that any such document shall be in a form reasonably acceptable to the City Attorney of City. 119/015610-0062 507996.05 a04/12/05 19 6.9 Third Party Beneficiaries. With the exception of the specific provisions set forth in this Covenant for the benefit of Holder, there are no intended third party beneficiaries under this Covenant and no such other third parties shall have any rights or obligations hereunder [Remainder of this page intentionally left blank.] 119/015610-0062 507996.05 a04/12/05 " �7 IN WITNESS WHEREOF, the Parties have executed this Covenant to be effective as of the Effective Date. ATTEST: LIM June S. Greek, City Clerk APPROVED AS TO FORM: Lo M. Katherine Jenson, City Attorney ATTEST: ibm Richard D. Schepp, Secretary "CITY" CITY OF LA QUINTA, a California municipal corporation Un Thomas P. Genovese, City Manager "OWNER" KOHL'S DEPARTMENT STORES, INC., a Delaware corporation By: Its: By: Its: 119/015610-0062 507996.05 a04/12/05 i 4t STATE OF WISCONSIN ) ) ss COUNTY OF WAUKESHA ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. [SEAL] STATE OF CALIFORNIA ) ) ss COUNTY OF ) On personally appeared Notary Public before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 119/015610-0062 507996.05 a04/12/05 STATE OF CALIFORNIA ) )SS COUNTY OF ) On personally appeared before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 119/015610-0062 507996.05 a04/12/05 EXHIBIT "A" LEGAL DESCRIPTION OF SITE PARCEL 6 OF PARCEL MAP 25865, BOOK 172, PAGES 21 THROUGH 27, INCLUSIVE, OF PARCEL MAPS, RIVERSIDE COUNTY OFFICIAL RECORDS, STATE OF CALIFORNIA. 119/015610-0062 507996.05 a04/12/05 ATTACHMENT 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Rutan & Tucker, LLP 611 Anton Boulevard, 14th Floor Costa Mesa, CA 92626 Attention: M. Katherine Jenson, Esq. [Space above for recorder.] EXEMPT FROM RECORDER'S FEE PER GOV. CODE §27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV. & TAX. CODE §11922 Signature of Declarant or Agent determining tax — Firm Name COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING INTERESTS IN REAL PROPERTY This COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING INTERESTS IN REAL PROPERTY (the "Covenant") is entered into as of this day of , 200_, by and between the CITY OF LA QUINTA, a California municipal corporation ("City"), and Kohl's Department Stores, Inc., a Delaware corporation ("Owner") (individually a "Party" and collectively the "Parties"). RECITALS A. Owner is the owner of that certain real property consisting of approximately 13.134 acres of land area located generally in the 111 La Quinta Shopping Center on the west side of Adams Street at the Whitewater Channel, in the City of La Quinta, County of Riverside, State of California, which is more particularly described in the legal description attached hereto as Exhibit "A" and incorporated herein by this reference (the "Site"). B. On or about , 2005, City and Owner entered into that certain unrecorded Agreement to Share Sales Tax Revenue (the "Agreement") authorizing the recordation of this Covenant against the Site upon the timely satisfaction of the "Covenant Conditions" identified therein. The Covenant Conditions have been satisfied. C. Owner shall operate a Kohl's Department Store on the Site, and, pursuant to the following land use permits and approvals (including all conditions to approval therein) issued by City (collectively, the "Entitlements"). 2156/015610-0062 597064.01 a04/12/05 D. In consideration for Owner's conveyance to City of the interest in the Site set forth in this Covenant, City has agreed to make certain payments to Owner, the amount of which is measured by the Sales Tax generated by the Retail Uses on the Site. City and Owner have agreed that the portion of Sales Tax required to be paid by City to Owner hereunder during each Quarter of the Operating Period provided for herein is a fair exchange for the consideration to be furnished by Owner to City in that Quarter. COVENANTS Based upon the foregoing Recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by both Parties, City and Owner hereby agree as follows: 1. DEFINED TERMS. The following terms when used in this Covenant shall have the meanings set forth below: The term "Agreement" shall have the meaning ascribed in Recital B of this Covenant. The term "Commencement Date" shall have the meaning ascribed in Section 2 of this Covenant. The term "Covenant Payments" shall mean the amounts to be paid by City to Owner with respect to each Quarter of the Operating Period. The term "Covenant Payments Cap Amount" shall have the meaning ascribed in Section 4.1.1(a) as limited by Section 4.1.1(b) of this Covenant. The term "Default" shall have the meaning ascribed in Section 5.1 of this Covenant. The term "Effective Date" shall mean the date this Covenant is executed by the latter of the two Parties to sign, which date shall be inserted in the preamble to this Covenant. The term "Entitlements" shall mean those discretionary City land use permits and approvals required to authorize the opening and operation of the Kohl's Department Store on the Site which are referred to in Recital C of this Covenant, as the same may be amended from time to time. The term "Fiscal Year" shall mean City's fiscal year, which commences on July 1 and ends on the next succeeding June 30. The term "Holder" shall have the meaning ascribed in Section 5.1(b) of this Covenant. The term "Kohl's Department Store" shall mean the project described in Recital C of this Covenant, together with such incidental related uses that comply with the Entitlements and applicable provisions of City's Municipal Code. 2156/015610-0062 r) C 597064.01 a04/12/05 •� () The term "Operating Period" refers to the period between the Commencement Date and the Termination Date. The term "Quarter" shall mean (i) any of the three (3) month periods during a Fiscal Year commencing July 1, October 1, January 1, or April 1, or (ii) the quarterly or other periods used by the State Board of Equalization in calculating or making Sales Tax payments to City, if such periods differ from City's fiscal quarters described in clause (i) hereinabove. The term "Sales Tax" means, for a given Quarter, or part thereof, during the Operating Period, that portion of sales and use taxes allocated, paid to, and received by City from the imposition of the Bradley -Burns Uniform Sales and Use Tax Law (commencing with Section 7200 of the California Revenue and Taxation Code), or any successor law thereto, that arises from taxable sales and lease transactions generated by the Kohl's Department Store on the Site. Notwithstanding the foregoing, the term "Sales Tax" shall not include (i) the portion of sales or use taxes attributable to the Kohl's Department Store on the Site that are retained by the State Board of Equalization as an administrative, processing, or handling charge (calculated at the same percentage of gross revenues as is applicable City-wide); (ii) the portion of such revenues which in future years may be allocated and paid to City but which is restricted by law (but not contract) by an entity other than City (and binding upon City) to be used for specific uses (other than the uses provided for in this Covenant including without limitation disaster relief, transportation improvements, or otherwise); or (iii) any Sales Tax that may be generated from other retail sources on the Site other than a Kohl's Department Store. The term "Sales Tax Statement" refers to each quarterly statement to be prepared by Owner and submitted to the SBE and City identifying the portion of Sales Tax generated from the Kohl's Department Store on the Site during the previous Quarter as a result of taxable sales transactions, as provided in Section 3.6 of this Covenant. The term "SBE" shall mean the California State Board of Equalization or successor agency with the responsibility of collecting and administering the distribution and payment to City of Sales Tax. The term "Site" shall have the meaning ascribed in Recital A of this Covenant. The term "Termination Date" shall mean the date that is the earliest of (i) the date that is eight (8) years following the Commencement Date; (ii) the date that the Covenant Payments Cap Amount is paid in full; or (iii) the date on which this Covenant is terminated pursuant to Sections 5.2 or 5.3, as applicable. 2. CONDITION TO OWNER'S RIGHT TO RECEIVE COVENANT PAYMENTS. As a condition to Owner's right to receive the Covenant Payments, Owner shall be required to open and operate until the Termination Date or cause said Kohl's Department Store to be opened and operated until the Termination Date for business to the public, all in compliance with the Entitlements. The day on which the aforesaid condition is satisfied shall constitute the "Commencement Date" (unless such date occurs before the execution of this Covenant, in which case the Commencement Date shall constitute the date upon which this Covenant is fully executed by both parties) at which time Owner's obligations pursuant to 2156/015610-0062 27 E 597064.01 a04/12/05 i Section 3 of this Covenant and City's obligations pursuant to Section 4 of this Covenant shall commence. Notwithstanding any other provision set forth in this Covenant, and subject to extension for events of force majeure as provided in Section 6.6, (i) if the condition set forth in the first sentence of the preceding paragraph is not satisfied on or before the date that is eighteen (18) months after the issuance of the first building permit for the Kohl's Department Store project, or (ii) if a building permit is not issued for the Kohl's Department Store project on or before the date that is eighteen (18) months after the Effective Date, either Owner or City may terminate this Covenant by delivery of written notice of termination to the other Party and, in such event, neither Party shall have any further rights against or obligations to the other Party arising out of this Covenant. 3. OWNER'S OBLIGATIONS. 3.1 Continuous Operation; Site As Point of Sale. Owner covenants and agrees to exercise commercially reasonable efforts to continuously operate the Kohl's Department Store on the Site or to cause said Kohl's Department Store to be continuously operated on the Site during normal business hours (subject to temporary interruptions for casualty losses, repairs, and the like) during the entire Operating Period, with inventory and sales personnel sufficient to satisfy and respond to customer demand. To the maximum extent permitted by law, Owner shall designate the Site on its Sales Tax Statements as the point of sale for all sales transactions arising out of the business conducted on the Site. In addition, Owner shall exercise commercially reasonable diligence in an effort to cause financing companies to designate the Site (and the City of La Quinta) on reports they are required to file with the SBE as the situs of the financing of any goods where the transaction is generated from the Site. 3.2 Use Restriction. During the entire Operating Period, that portion of the Site intended and approved by the City to be used as a Kohl's Department Store shall not be put to any use other than the operation of the Kohl's Department Store and incidental related uses that comply with the Entitlements and applicable provisions of City's Municipal Code. 3.3 Maintenance and Repair of Site; Landscaping. During the entire Operating Period, Owner, at its sole cost and expense, shall keep and maintain the Site and the improvements thereon and all facilities appurtenant thereto in first class condition and repair and free from accumulations of debris, weeds, graffiti, and waste materials, with landscaping in a healthy condition, and shall otherwise fully comply with the Site's maintenance standards established in that certain Operating Covenant Agreement dated , 2004. During such period, Owner shall not abandon any portion of the Site or leave the Site unguarded or unprotected, and shall not otherwise act or fail to act in such a way as to unreasonably increase the risk of any damage to the Site or of any other impairment of City's interest set forth in this Covenant. During the entire Operating Period, Owner, at its sole cost and expense shall maintain the landscaping on the Site in compliance with the approved landscape plans. 3.4 Compliance with Laws. During the entire Operating Period, Owner shall operate the Kohl's Department Store on the Site in conformity with all valid and applicable federal, state (including without limitation the California Civil Code, the California Government Code, the 2156/015610-0062 7 Q 597064.01 a04/12/05 J California Health & Safety Code, the California Labor Code, the California Public Resources Code, and the California Revenue & Taxation Code), and local laws, ordinances, and regulations, provided that Owner does not waive its right to challenge the validity or applicability thereof to Owner or the Site. 3.5 Provision of Sales Tax Statements to City. During the Operating Period, Owner shall deliver to City true and correct copies of all reports that Owner files with the California State Board of Equalization ("SBE") with regard to taxable sales transactions occurring on and with respect to the Kohl's Department Store operation on the Site (the "Sales Tax Statements"). In the event that there is any private business or customer information on the Sales Tax Statement that is not reasonably necessary to enable City to verify the accuracy thereof for purposes of performing its obligations and enforcing its rights set forth in this Covenant, Owner shall be permitted to redact such information from the copy of the document provided to City. Said Sales Tax Statements shall be provided to City concurrently with their submittal to SBE. In addition, if any such Sales Tax Statements are amended or Owner receives notice from SBE regarding any over -reporting or under -reporting of Sales Tax with respect to the Site, Owner shall provide such information to City within a reasonable period not to exceed ten (10) days. 3.6 Non -Discrimination. In the opening and operation of the Kohl's Department Store, Kohl's agrees not to violate applicable laws that prohibit discrimination against any person or class of persons by reason of gender, marital status, race, color, creed, mental or physical disability, religion, age, ancestry, or national origin. 3.7 Indemnification of City. Owner shall defend, indemnify, assume all responsibility for, and hold the City, and the City's representatives, volunteers, officers, employees and agents, harmless from any and all claims, demands, damages, defense costs or liability of any kind (including attorneys' fees and costs), that arise from Owner's operation of the Kohl's Department Store on the Site or which may be caused by any acts or omissions of the Owner under this Covenant, whether such activities or performance thereof be by Owner or by anyone directly or indirectly employed or contracted with by Owner and whether such damage shall accrue or be discovered before or after termination of this Covenant including, but not limited to, Owner's failure to pay, if required, prevailing wages on the construction and development of the Kohl's Department Store. 4. OBLIGATIONS OF CITY. 4.1 Covenant Payments to Owner. 4.1.1 Amount of Covenant Payments; Cap. In consideration for Owner's undertakings pursuant to this Covenant and City's acquisition of the interest in the Site set forth in this Covenant, City shall make the following Covenant Payments to Owner after the end of each Quarter (or part thereof) during the Operating Period: (a) Subject to subparagraph (b) below, the Covenant Payments with respect to each Quarter shall be in an amount equal to twenty-five percent (25%) of the Sales Tax for that Quarter, except that in the Quarter during which the Termination Date occurs, the 2156/015610-0062 .1n 9 597064.01 a04/12/05 Covenant Payments shall be prorated such that City shall only pay to Owner 25% of Sales Tax for the period between the first day of such Quarter and the Termination Date. (b) Notwithstanding any other provision set forth in this Covenant to the contrary, in no event shall the total amount of Covenant Payments made by City to Owner exceed the sum of Three Hundred Fifty Thousand Dollars ($350,000) (the "Covenant Payments Cap Amount"). In this regard, it is understood and agreed that the Covenant Payments are in consideration of Owner's performance during each Quarter of the Operating Period and are not repayments of a loan. (c) Notwithstanding any other provision set forth in this Covenant to the contrary, even in the event the Covenant Payments Cap Amount has not been reached at the end of the Operating Period, City shall have no further obligation after that time to make additional Covenant Payments. 4.1.2 Source of Payments. The Covenant Payments shall be payable from any source of funds legally available to City, including City's general fund. In this regard, it is understood and agreed that the Sales Tax that is generated from the Kohl's Department Store operation on the Site is being used merely as a measure of the amount of the Covenant Payments that are periodically owing by City to Owner and that City is not pledging any portion of the Sales Tax generated from the Site to Owner. 4.1.3 Payment Procedure. Not later than thirty (30) days after the Sales Tax for the Kohl's Department Store is reported to City by the SBE for each Quarter, or portion thereof, during the Operating Period, City shall pay the Covenant Payment for said Quarter, or portion thereof, to Owner. Each such payment shall be accompanied by a statement identifying (i) the amount of Sales Tax upon which the Covenant Payment amount was calculated, itemized separately for sales taxes and use taxes; (ii) in the event the portion of Sales Tax attributable to taxable sales transactions that is reported by City differs from the Sales Tax Statement provided by Owner for said Quarter, an explanation of the reasons for the difference; and (iii) a cumulative total comparing how the Covenant Payment in question, together with all prior Covenant Payments, relate to the Covenant Payment Cap Amount. It is understood that the amount of City's quarterly Covenant Payments to Owner shall be based upon the amount of Sales Tan that City shall have been able to reasonably confirm it actually has received from the SBE within fifteen (15) days prior to the applicable payment date. If and to the extent that City has not been able to confirm receipt of Sales Tax revenues prior to that date after and despite its exercise of reasonable diligence to do so, its subsequent receipt of Sales Tax with respect to a particular Quarter shall be included in the next succeeding payment(s) required to be made to Owner hereunder. In addition, if after any such quarterly payment is made, either City or Owner obtains information that the amount of City's payment was in error, the Party obtaining such information shall promptly notify the other Party and shall provide such detailed information as may be necessary to explain the discrepancy. The discrepancy then shall be taken into consideration by means of an adjustment to the next quarterly payment to be made by City (either an additional payment in the event City has underpaid a prior Covenant Payment that is due or a credit against the subsequent Covenant Payment in the event City has overpaid); provided, however, that in the event an adjustment 1 2156/015610-0062 597064.01 a04/12/05 needs to be made in excess of Ten Thousand Dollars ($10,000), the Party entitled to said sum shall be entitled to deliver a written notice to the other Party requesting an immediate adjustment and in such event the other Party shall make an appropriate payment within fifteen (15) days from receipt of said notice. 4.1.4 Books and Records. Upon the written request of either Party, the other Party shall make available for inspection (at City Hall in the event of a review of City records and at Owner's place of business in La Quinta in the event of a review of Owner's records) such of its books and records as the requesting Party may reasonably determine must be reviewed in order determine whether the correct amount of Covenant Payments have been made or are being made hereunder. Notwithstanding the foregoing, City shall not be required to produce any books or records that it is prohibited from producing by law and Owner shall not be required to produce information that violates the statutorily prescribed privacy rights of individual customers. 4.1.5 No Acceleration; Prepayment. It is acknowledged by the Parties that any payments by City provided for in this Covenant are in consideration for the performance by Owner during the time period(s) for which payments are due. Therefore, City's failure to timely make any payments or City's failure to perform any of its other obligations hereunder shall not cause the acceleration of any anticipated future Covenant Payments by City to Owner. To the maximum extent permitted by law, City shall be permitted to prepay any of the Covenant Payments without penalty. 4.2 _Additional Condition Precedent to City's Obligations. In addition to the provisions set forth in Section 2 of this Covenant, City's obligation to make the Covenant Payments pursuant to Section 4.1 of this Covenant for any Quarter during the Operating Period shall be contingent and conditional upon Owner's performance of its obligations set forth in Section 3 of this Covenant during such Quarter. 5. DEFAULTS AND REMEDIES. 5.1 Defaults. (a) Subject to Section 6.6 of this Covenant, the occurrence of any of the following shall constitute a Default: (i) the failure by either Party to perform any obligation of such Party for the payment of money under this Covenant if such failure is not cured within fifteen (15) calendar days after the nonperforming Party's receipt of written notice from the other Party that such obligation was not performed when due; or (ii) the failure by either Party to perform any of its obligations (other than obligations described in clause (i) of this Section 5.1) set forth in this Covenant, if such failure is not cured within thirty (30) days or, if such failure is of a nature that cannot reasonably be cured within thirty (30) days, the failure by such Party to commence such cure within thirty (30) days and thereafter diligently prosecute such cure to completion; or 2156/015610-0062 597064.01 a04/12/05 31 (iii) any representation or warranty by a Party set forth in this Covenant proves to have been incorrect in any material respect when made; or (iv) the Kohl's Department Store is materially damaged or destroyed by fire or other casualty during the Operating Period and Owner fails to commence restoration of the improvements within a reasonable time or thereafter fails to diligently proceed to complete such restoration in accordance with this Covenant; or (v) Owner is enjoined or otherwise prohibited by any governmental agency from occupying the Site during the Operating Period and such injunction or prohibition continues unstayed for ninety (90) days or more for any reason. (b) In the event Owner fails to perform any of its obligations under this Covenant and City sends a notice of such failure to Owner, concurrently therewith City shall send a copy of such notice to any mortgagee or deed of trust holder with respect to the Site (herein the "Holder") (the name and address of which Holder shall be furnished by Owner or such Holder to City) and the Holder shall have the same period of time as is available to Owner to remedy such breach or failure under this Covenant. City shall accept any proper cure of a breach or failure tendered by the Holder. 5.2 City's Remedies Upon Default by Owner. Upon the occurrence of any Default by Owner, and after Owner's receipt of written notice of default and expiration of the time for Owner to cure such Default as provided in Section 5.1, City may at its option: (i) suspend the payment of Covenant Payments otherwise due and payable to Owner hereunder for the period that Owner remains in Default. If City has so suspended its payments in accordance with the terms of this clause (i), then upon Owner's cure of such Default, City shall resume its payment obligations, but shall have no obligation to make payments for any Quarter or portion thereof during which City's obligation to make payments was so suspended; or (ii) if the Default continues uninterrupted for a period of six (6) months, City may terminate this Covenant, in which case City's obligation to make payments to Owner for any period of time after the occurrence of the Default shall be finally terminated and discharged. In no event, however, shall City have the right to specifically enforce Owner's covenants set forth in Section 3 of this Covenant, to prevent Owner's conversion of the Site to another lawful use (even if such use would be inconsistent with this Covenant), or to sue Owner or to recover from Owner any amount that is actually or allegedly attributable to loss of anticipated Sales Tax or other revenues, whether because the amount of Sales Tax generated from the Site is less than projected by Owner or City, or because Owner does not operate the Kohl's Department Store on the Site for the entire Operating Period, or otherwise. 5.3 Owner's Remedies Upon Default by City. Upon the occurrence of any Default by City, and after City's receipt of written notice of Default from Owner and expiration of the time for City to cure such Default as provided in Section 5.1, Owner may terminate this Covenant by 2156/015610-0062 a 3 597064.01 a04/12/05 - 1 J written notice to City and/or seek whatever legal or equitable remedies may be available to Owner, subject to the provisions of Section 4.1.5. 5.4 Cumulative Remedies; No Waiver. Except as expressly provided herein, the nondefaulting Party's rights and remedies hereunder are cumulative and in addition to all rights and remedies provided by law from time to time and the exercise by the nondefaulting Party of any right or remedy shall not prejudice such Party in the exercise of any other right or remedy. None of the provisions of this Covenant shall be considered waived by either Party except when such waiver is delivered in writing. No waiver of any Default shall be implied from any omission by City to take action on account of such Default if such Default persists or is repeated. No waiver of any Default shall affect any Default other than the Default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of this Covenant shall be construed as a waiver of any subsequent breach of the same provision. A Party's consent to or approval of any act by the other Party requiring further consent or approval shall not be deemed to waive or render unnecessary the consenting Party's consent to or approval of any subsequent act. A Party's acceptance of the late performance of any obligation shall not constitute a waiver by such Party of the right to require prompt performance of all further obligations. A Party's acceptance of any performance following the sending or filing of any notice of Default shall not constitute a waiver of that Party's right to proceed with the exercise of its remedies for any unfulfilled obligations. A Party's acceptance of any partial performance shall not constitute a waiver by that Party of any rights relating to the unfulfilled portion of the applicable obligation. 5.5 Limitations on City s Liability. Owner acknowledges and agrees that: (i) this Covenant shall not be deemed or construed as creating a partnership, joint venture, or similar association between Owner and City, the relationship between Owner and City pursuant to this Covenant is and shall remain solely that of contracting Parties, that the development and operation of the Kohl's Department Store is a private undertaking and is not a public work, and City neither undertakes nor assumes any responsibility pursuant to this Covenant to review, inspect, supervise, approve, or inform Owner of any matter in connection with the development or operation of the Kohl's Department Store on the Site other than as expressly provided for herein, including matters relating to architects, designers, suppliers, or the materials used by any of them; and Owner shall rely entirely on its own judgment with respect to such matters; provided, that nothing herein is intended to release City from whatever obligations it may have pursuant to applicable laws independent of this Covenant; (ii) by virtue of this Agreement, City shall not be directly or indirectly liable or responsible for any loss or injury of any kind to any person or property resulting from any construction on, or occupancy or use of, the Site, whether arising from: (a) any defect in any building, grading, landscaping, or other onsite or offsite improvement; (b) any act or omission of Owner or any of Owner's agents, employees, independent contractors, licensees, lessees, or invitees; or (c) any accident on the Site or any fire or other casualty or hazard thereon; and (iii) by accepting or approving anything required to be performed or given to City under this Covenant, including any certificate, survey, appraisal, or insurance policy, City shall not be deemed to have warranted or represented the sufficiency or legal effect of the same, and no such acceptance or approval shall constitute a warranty or representation by City to anyone. 2156/015610-0062 597064.01 a04/12/05 33 6. GENERAL PROVISIONS. 6.1 Integration and Amendment. This Covenant and the Agreement constitute the entire agreement by and between the Parties pertaining to the subject matter hereof, and supersede all prior agreements and understandings of the Parties with respect thereto. This Covenant may not be modified, amended, supplemented, or otherwise changed except by a writing executed by both Parties. 6.2 Captions. Section headings used in this Covenant are for convenience of reference only and shall not affect the construction of any provisions of this Covenant. 6.3 Binding Effect; Successors and Assigns; Assignments. This Covenant shall run with the land and shall be binding upon and inure to the benefit of, the Parties hereto and their respective successors and assigns, as limited by this Section 6.3. Except as such assignment relates to Holder, the Owner shall not assign, hypothecate, encumber or otherwise transfer its rights or obligations as set forth in this Covenant without first obtaining the City's written consent, which may be given or denied or conditioned in the City's sole discretion. Owner may assign its right to receive the Covenant Payments to any Holder for security purposes or to any lessee or business owning and operating the Kohl's Department Store on the Site. In the event of an assignment for security purposes to a Holder, City agrees that this Covenant be subordinated to the lien of said Holder's deed of trust or mortgage and City agrees to cooperate with Owner in executing an appropriate subordination agreement. In the event that the Holder forecloses on its deed of trust or mortgage or accepts a deed in lieu of foreclosure, then upon the request of such Holder or its successor or assignee, City agrees to enter into a new Covenant on the same terms and conditions set forth herein for the balance of the Operating Period. In the event of any assignment that is consented to in writing by the City, the references in this Covenant to "Owner" shall be deemed to refer to the assignee. 6.4 Counterparts. This Covenant may be executed in two or more counterparts, each of which when so executed and delivered shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. 6.5 Governing La This Covenant shall be governed by and construed in accordance with the internal laws of the State of California without regard to conflict of law principles. 6.6 Force Mai eure. Notwithstanding any other provision set forth in this Covenant to the contrary, in no event shall a Party be deemed to be in Default of its obligations set forth herein where delays or failures to perform are caused by circumstances without the fault and beyond the reasonable control of such Party, which circumstances shall include, without limitation, fire/casualty losses; strikes; litigation; unusually severe weather; inability to secure necessary labor, materials, or tools; delays of any contractor, subcontractor, or supplier; unjustified acts or failure to act by City or other governmental agency in the processing or approval of plans or permits or inspection or approval of the construction of the Kohl's Department Store project; litigation by third Parties challenging the validity or enforceability of the Agreement or this Covenant or the Entitlements; and acts of God (collectively, "force 2156/015610-0062 597064.01 a04/12/05 34 majeure"). Adverse market conditions or Owner's inability to obtain financing or approval to operate the Kohl's Department Store shall not constitute events of force majeure. In the event of an event of force majeure, the Party so delayed shall notify the other Party of the circumstances and cause of the delay within a reasonable time period after commencement of the delay, it shall keep the other Party informed at reasonable intervals upon request regarding the status of its efforts to overcome said delay, and it shall exercise commercially reasonable diligence to perform as soon as practicable thereafter. 6.7 Notices. Notices to be given by City or Kohl's hereunder may be delivered personally or may be delivered by certified mail or by reputable overnight delivery service providing a delivery conformation receipt, with mailed notices to be addressed to the appropriate address(es) hereinafter set forth or to such other address(es) that a Party may hereafter designate by written notice. If served by overnight delivery service or certified mail, service will be considered completed and binding on the Party served on the date set forth in the confirmation or certification receipt. If notice is to City: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Attention: Mr. Tom Genovese, City Manager with a copy to: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Attention: M. Katherine Jenson, City Attorney If notice to Kohl's: Kohl's Department Stores, Inc. N56 W 17000 Ridgewood Drive Menomonee, WI 53051 Attention: Chief Executive Officer with a copy to: Kohl's Department Stores, Inc. N56 W 17000 Ridgewood Drive Menomonee, WI 53051 Attention: Law Department 6.8 Further Acts. Each Party agrees to take such further actions and to execute such other documents as may be reasonable and necessary in the performance of its obligations hereunder; reserving to City, however, its lawful discretionary and police power authority. Without limiting the generality of the foregoing, upon the expiration or termination of the Operating Period, City will execute and deliver such instruments as may be prepared by Owner at Owner's expense to release the cloud upon title to the Site created by this Covenant; provided, however, that any such document shall be in a form reasonably acceptable to the City Attorney of City. 2156/015610-0062 597064.01 a04/12/05 r .'i 6.9 Third Party Beneficiaries. With the exception of the specific provisions set forth in this Covenant for the benefit of Holder, there are no intended third party beneficiaries under this Covenant and no such other third parties shall have any rights or obligations hereunder [Remainder of this page intentionally left blank.] 2156/015610-0062 597064.01 a04/12/05 IN WITNESS WHEREOF, the Parties have executed this Covenant to be effective as of the Effective Date. ATTEST: 0 June S. Greek, City Clerk APPROVED AS TO FORM: 0 M. Katherine Jenson, City Attorney ATTEST: M Richard D. Schepp, Secretary "CITY" CITY OF LA QUINTA, a California municipal corporation Thomas P. Genovese, City Manager "OWNER" KOHL'S DEPARTMENT STORES, INC., a Delaware corporation By: Its: By: Its: 2156/015610-0062 37 597064.01 a04/12/05 STATE OF WISCONSIN ) ) ss COUNTY OF WAUKESHA ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. [SEAL] STATE OF CALIFORNIA ) ss COUNTY OF ) On personally appeared Notary Public before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 2156/015610-0062 597064.01 a04/12/05 STATE OF CALIFORNIA ) )SS COUNTY OF On personally appeared before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 2156/015610-0062 -1 3 ` l 597064.01 a04/12/05 EXHIBIT "A" LEGAL DESCRIPTION OF SITE PARCEL 6 OF PARCEL MAP 25865, INCLUSIVE, OF PARCEL MAPS, RECORDS, STATE OF CALIFORNIA. BOOK 172, PAGES 21 THROUGH 27, RIVERSIDE COUNTY OFFICIAL 2156/015610-0062 597064.01 a04/12/05 n T0 1, a On . df 4 4 aghiffltv COUNCIL/RDA MEETING DATE: April 19, 2005 ITEM TITLE: Adoption of a Resolution in Support of National Donate Life Month RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: J STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council in support of National Donate Life Month. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council received a request, dated March 28, 2005 (Attachment 1), from County of Riverside Supervisor Roy Wilson, in conjunction with the National Donate Life Registry, to adopt a resolution in support of National Donate Life Month. Adoption of the resolution acknowledges the importance of organ and tissue donation and provides contact information for the Donate Life California Registry, which provides citizens with the facts about organ and tissue donation. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council in support of National Donate Life Month; or 2. Do not adopt a Resolution of the City Council in support of National Donate Life Month; or L.. 3. Provide staff with alternative direction. Respectfully submitted, Terry D ringer, Management Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. March 28, 2005 Letter from Supervisor Roy Wilson 2 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, IN SUPPORT OF NATIONAL DONATE LIFE MONTH WHEREAS, organ and tissue donation is a life-giving act recognized worldwide as the greatest expression of compassion; and WHEREAS, more than 87,000 individuals nationwide and 18,000 in California are currently on the national organ transplant waitlist, and every 90 minutes one person dies while waiting for a donated organ; and WHEREAS, a single individual's donation of the heart, lungs,. liver, kidneys, pancreas and small intestine can save up to eight lives, and donation of tissue can save and enhance the lives of up to 50 others; and WHEREAS, each year 25,000 lives are saved and the quality of life for many hundreds of thousands more is enhanced by organ and tissue transplantation; and WHEREAS, many bereaved families find a measure of comfort in donating organs and tissue so that others may benefit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: RESOLVED, that the month of April be proclaimed National Donate life Month in the City of La Quinta, and in doing so we acknowledge the launch of the Donate Life California Registry and urge our citizens to learn the facts about organ and tissue donation and exercise their power to donate life by registering at www.donateLIFEcalifornia.org or www.doneVlDAcalifornia.org. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of April, 2005, by the following vote to wit: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None 3 4' V Resolution No. 2005- National Donate Life Month Adopted: April 19, 2005 Page 2 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 L 4 ATTACHMENT 1 RIVERSIDE OFFICE: 4080 Lemon Street, 5th Floor Riverside, CA 92502-1647 (951) 955-1040 Fax (951) 955-2194 i SUPERVISOR ROY WILSON FOURTH DISTRICT March 28, 2005 Mayor Don Adolph City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Mayor Adolph: Nmcr 0MC0&]LING ADDRESS: 73-710 Fred Waring Drive, Suite 222 Palm Desert, CA 92260-2574 (760)863-8211 Fax (760) 863-8905 APR _ 4 2M As you know, the donation of organs and tissues is a life-saving act ... one which must be actively encouraged in order to ensure that the maximum number of need or an recipients are not disappointed. y g In recognition of this reality, the National Donate Life Registry is requesting city resolutions in support of National Donate Life month. A sample resolution is attached to this letter. Would you please consider taking the resolution to your city council for its endorsement of this literally vital program? I would appreciate it if you would also return the signed resolution to: Karen Christensen Riverside County Board of Supervisors County Administrative Center 4080 Lemon Street, 5th Floor Riverside, California 92501 Thank you for your consideration of this request. Sj Ro Wilson Attachment (1) F rth District S ervisor .�� 5 INTERNET: district4@co.riverside.ca.us 5u T4tit 4 eCrAo� QuiArla COUNCIL/RDA MEETING DATE: April 19, 2005 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 30023-5, Trilogy at La Quinta, Shea La Quinta, 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. 30023-5, Trilogy at La Quinta, Shea La Quinta, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 30023-5 is located south of Avenue 60 and east of Madison Street (Attachment 1). This residential development will consist of 167 lots on approximately 39.9 acres (Attachment 2). On September 26, 2000, the County of Riverside Planning Department approved Specific Plan 218 Amendment 1. 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. It is expected that the associated securities and all signatures will be in place within the time allowed for its conditional approval. 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 (May 19, 2005), 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: Th e alternatives avai a e to t o 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. 30023-5, Trilogy at La Quinta, Shea La Quinta, 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. 30023- 5, Trilogy at La Quinta, Shea La Quinta, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, T mothy R. on on, P.E. Public Works D r ctor/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement .;� 2 RESOLUTION NO. 2005-(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. 30023-5, TRILOGY, SHEA LA QUINTA, 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: K Resolution No. 2005- Tract Map No. 30023-5, Trilogy Adopted: April 19, 2005 Page 2 Section 1. The final map for Tract Map 30023-5 is conditionally approved provided the subdivider submits all required items on or before May 19, 2005. 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 May 19, 2005. 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 4 Resolution No. 2005- Tract Map No. 30023-5, Trilogy Adopted: April 19, 2005 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of April, 2005, 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 ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. 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I low 40 I ; 1 � ' I ' j I 1 1 r 1 , r r t I 1 1 , ' I r � � r � I 1 1 9 >c ► I� I 1 t g L JL0 b 15 w M c �O � K ta <o N COP" j C 3 �Q aap v -ems 339 tl •t M � l w {} ll ,t ' 1 1 � 1 NO 41 g 44 i e to / I / JF Al ool lee /001 1 ,� � i / Ile ol / �iarri MON4In / Jlr 101 . _ — — — — — — ti 16, a ins 3m o LIAM t�A N I $ COCh 10 ( I ao S I • ArMl la 3 I I I ( I �CIC I ------- - .►rKi--- }1L-- -- 1I -- —------- --- - -1---------- -----�--- -------s.aaa.�r- ----------- ro AM AM 1 s I he .r ze : I $ S I I I �Ae I � I I I I � I I �t I 10 40 I 1 16 MAIST"I — It It zod-csamzc �e &-won 'm Free lu 4 1J 17 CITY of LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 30023-5 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between SHEA LA QUINTA, 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. 30023-5 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. _� o j 18 CADocuments and Settings\JoyceV\Local Settings\Temporary Internet Files\0LK69D\0FFSITE_SIA.doc B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdividers expense expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 19 .4. 1 0) c:\Documents and SettingsUoyceVlocal SetGngs\Temporary Internet Fi1es\0LK69D\0FFSITE_SIA.d0c 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.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty 20 ._ ►,i CADocuments and Settings\JoyceV\Local Settings\Temporary Internet Files\0LK69D\0FFSITE_SIA.doc _L ` J f security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 21 CADocuments and SettingsUoyceV\Local Settings\Temporary Internet Files\0LK69D\0FFSITE_SIA.d0c JL IJ Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 1 22 CADocuments and SettingsWoyceV\Local SettingsWemporary Internet Fi1es\OLK69D\OFFSITE_SIA.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 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Date Principal Address Shea La Quinta, LLC. 81260 Ave 62 La Quinta, CA 92253 (760) 77 -6006 By: _ Aq(,1, I Y Date Title: Assi • C By: Date Title: Cr Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date 23 CADocuments and Settings\JoyceV\Local Settings\Temporary Internet Fi1es\0LK69D\0FFSITE_SIA.doc Exhibit A OFF -SITE SECURITY — TRACT MAP NO. 30023-5 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 Street Improvements Meandering Sidewalk (8ft) Landscaping Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% No Plans Contingency 25% Bond Amount Performance Labor & Materials $ 309,410 $ 309,410 $ 48,840 $ 48,840 $ 150,000 $ 150,000 $ 508,250 $ 508,250 $ 50,830 $ 50,830 $ 559,080 $ 559,080 $ 55,910 $ 55,910 $ 55,910 $ 55,910 $ 139,770 $ 139,770 $ 810,670 $ 810,670 24 CADocuments and Settings\JoyceV\Local Settings\Temporary Internet Fi1es\0LK69D\0FFSITE_SIA.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of�y ��, `�1 C, ss. On a-Vll bi 16s Date personally appeared _ before m�l��lL.�• Name and Tice of car (e.g., "Jane Doe, Notary Publi Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence JOYCE L" V00010 iaConmbdon # 1499926 rio�an Public - cawria Riverside CCU* to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. t1� L� A, V - V > oSignature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ® 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationainotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 iUti 25 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of V ss. vq` U� b U1 \ 0 i 11y11 Q On before m C- 1 Date ,1 y game and Tide of Officer (e.g., "Jane Doe, Notary Public's personally appeared T n_7�J JOYCE L. VITTORIO Commhdon #E 1499926 Nokry MSC - CaWomia RhMer16de cilu* 110MV C=W. bow Jul 11. W -W' -go, -W' -w- -w- -'W -w- � � � -- !!:' Name(s) of Signer(s) Z7 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my ha and gfficial a I. L �' � n � 1� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationainotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 i ;� 26 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 30023-5 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between Shea La Quinta, 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. 30023-5 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. ji � 27 ib.4 B. Improvement security Shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of R-2 or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until lisuch time ce from the that City yaa authorizes it f expiration or until sixty (60) days after City receives no 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. he C. All securities shall be furnished in accordance with the provisions 00 f Exhibit he estimated cost of performance security shall equal One Hundred Percent (1 ) by of constructing the Improvements, including payment of plan check and permit s, s estimated of the City Engineer or a duly authorized representative of the CityEngineer. 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 (final applicable Tract to the form of security provided. Administrative fees shall apply to the subdivision map or waiver of Tract map) rather than to individual security instruments. ti ut on of secufees all be paid ally separately for each different form and/or source (surety or financial ) submitted and for substitution of securities. but shall not be required for submittal of warranty 28 i UJ 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 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 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 29 Y ; 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. 30 lz�"' Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. �u �� 31 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Local Address Shea La Quinta, LLC. 81260 Avenue 62 La Quinta, CA 92253 (760) 777-6006 Date SHEA HOMES 81-260 Ave 62 to Quinta, CA 92253 Principal Address 12 uarm ings Rd GI Iv CA 92 3 y: .. Date Title: By: • _ Date Title: is S .mil v1 _ Di-) 1 c3c(_y Cx,J% Reviewed and Approved: City Engineer Approved as to Form: Date City Attorney Date 32 1 •, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of c ` On Q ) L`before me, -T Name and Tide of Officer (e.g., "Jane Doe, Notary Public personally appearedte \Aftfl )I Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence joKi L vl7low Cmum Milian * 1499926 LMe NokwV Pudic - CaMbn1iio r RWwdde Cour*V VComa.IBVk t.kd 11. to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top or thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact 0 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nanonamoiary.ory 11—-•-- - �, 33 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California _ ss. County of On 3 i L`� before me, 0 t~. l� 1%Y�l N, Date Name and Title of Officer (e.g., "Jane Doe, Notary Public's personally appeared `� � . Name(s) of Signer(s) Cl personally known to me ❑ proved to me on the basis of satisfactory evidence JOYCE L MORIO _ Cornmb ion # 1499926 -fir• Notary Mft - Cal mft Riverside Courdy MY Comm. Expires JtA 11. to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h d and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: El Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationainotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 34 Exhibit A SECURITY — TRACT MAP NO.30023-5 ON -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ - $ Storm Drain $ 115,170 $ Street Improvements $ 839,040 $ Domestic Water $ 342,740 $ Sanitary Sewer $ 348,150 $ Dry Utilities $ 622,730 $ Monumentation $ 25,050 $ Totals $ 2,292,880 $ Standard 10% Contingency $ 229,290 $ Total Construction Cost $ 2,522,170 $ Professional Fees, Design 10% $ 252,220 $ Professional Fees, Const 10% $ 252,220 $ No Plans Contingency 25% $ 630,540 $ Bond Amount $ 31657,150 $ 115,170 839,040 342,740 348,150 622,730 2,267,830 226,800 2,494,630 249,460 249,460 623,660 3,617,210 ,-> 35 Sep COUNCIL/RDA MEETING DATE: April 19, 2005 ITEM TITLE: Acceptance of Project No. 2004-03, Fiscal Year 2003/2004 Slurry Seal and Restriping Program and Approval of Contract Change Order No. 3 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept Project No. 2004-03, Fiscal Year 2003/2004 Slurry Seal and Restriping Program, as 100 % complete; approve Contract Change Order No. 3 in the amount of ($8,465.50) for quantity variations (Attachment 1); authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $58,591.35, thirty-five (35) days after the Notice of Completion is recorded. FISCAL IMPLICATIONS: This project is included within the Public Works/Engineering Department Operational Budget for Fiscal Year 2004/2005. Funding in the amount of $1,1 16,583 (Account Number 101-7003-431 .34-04) is available for this project. CHARTER CITY IMPLICATIONS: None. The Memorandum of Understanding with the Riverside County Transportation Commission requires this project be advertised as a prevailing wage project. BACKGROUND AND OVERVIEW: On October 5, 2004, City Council approved a contract in the amount of $432,426 with American Asphalt South, Inc. to construct the Fiscal Year 2003/2004 Slurry Seal and Restriping Program, Project No. 2004-03. On February 15, 2005, the City Council approved Contract Change Order No.1 in the amount of $80,135 to American Asphalt South, Inc., Project No. 2004-03, Fiscal Year 2003/2004 Slurry Seal and Restriping Program for additional asphalt pavement removal and replacement. S:\CityMgr\STAFF REPORTS ONM4-19-05\C6 2004-03 Slurry Seal.doc At the direction of the City Council, City Project No. 2004-03A, Miscellaneous Signing and Striping Project, was added to the 2003/2004 Slurry Seal and Restriping Program. The following streets were added: -Avenue 52, slurry seal and bike lane striping from Eisenhower Drive to Cetrino. -Caleo Bay, slurry seal and striping from Avenue 48 to Avenue 47. -Dune Palms Road, slurry seal and striping from Miles Avenue to Fred Waring Drive. -Dune Palms Road, striping removals and replacement from Highway 1 1 1 through the Whitewater River. On March 3, 2005, the City Council approved Contract Change Order No.2 in the amount of $81,818 to American Asphalt South, Inc., Project No. 2004-03, Fiscal Year 2003/2004 Slurry Seal and Restriping Program for additional asphalt pavement removal and replacement. Staff has reviewed the contractor's work and found it conforms to the plans and specifications. Therefore, staff recommends accepting this project. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Accept Project No. 2004-03, Fiscal Year 2003/2004 Slurry Seal and Restriping Program, as 100 % complete; approve Contract Change Order No. 3 in the amount of ($8,465.50) for quantity variations; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $58,591.35, thirty-five (35) days after the Notice of Completion is recorded; or 2. Do not accept Project No. 2004-03, Fiscal Year 2003/2004 Slurry Seal and Restriping Program, as 100 % complete; do not approve Contract Change Order No. 3 in the amount of ($8,465.50) for quantity variations; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and do not authorize staff to release retention in the amount of $58,591.35, thirty-five (35) days after the Notice of Completion is recorded; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. o Public Works sson, P.E. ector/City Engineer S:\CityMgr\STAFF REPORTS ONLY\4-19-05\C6 2004-03 Slurry Seal.doc 2 } ATTACHMENT 1 414 QuArA OF 'I9 CONTRACT: FY 2003/2004 Slurry Seal and PROJECT NO. 2004-03 Restriping Program Page 1 of 3 CONTRACTOR: American Asphalt South, Inc. CONTRACT CHANGE ORDER NO. 3 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE: Quantity Variations: See attached spread sheets Four (4) calendar days were requested for rain delays. Four (4) calendar days were negotiated and granted. The revised contract completion date is March 25, 2005. All other requirement of the 2003/2004 Slurry Seal and Restriping contract shall apply. Total Contract Compensation for this Contract Change Order is' in the amount of: ($8,465.50) Previous Contract Amount through Contract Change Order No. 2 $5949379.00 Add this Change Order $ - 8,465.50 Revised Contract Total $585,913.50 Submitted By: Date: Approved By: Date: We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that vm will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above. Accepted Contractor: American Asphalt South, Inc. Title: ✓&_Cre4ry Date: �iTi� �,��Gb✓� 4 U m 0) a A N v ai _ d m M C C w n° a o 0 CA N o, c CL O � r 4 c � Q c t! M 46 m � � d E0Qca Q to N O Ova Uca WOU LU W ui zoo 0 a w w UQcLIL W S, Ct g a g o N N k Oo M AD Cod M ti Z a 40 W Q O O 0. 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CO O O N O V C N M� to I- C1 r- I "' a0 400 Iq m O 00 (p ch � waco 72 a O O O O 0 O m O 0 0 0 0 0 w J Z a 0 0 0 0 0 0 0 Co O 0 00040 Co O 00 c 000000��-Fa, � Cl Qa Z 0 aaa P.. o co 0 0 0 02 z awl to OC o O O O O O O p �0 O a O O .- to 0 O 0 W) 0 O V- Cl aD 0N0 � aOp �t NN� O 1 O M CO) O N qw N O ly a N N e- m e- h a0 r try cQ M N ci! N ce) V9, . N c0 v M V- C41 O co W)V-ap O M M' Vok 099, O N caG O cOp CD Q KV O N O tU O OC a o- C O Cf r O �- O N r M N N°! Wi N Vf l V .- EN O O 00 e- m o0 N .af Vs Q 0 U. U. LL, LL. LL. COU. CO LL LL. co LL. 0 0 J .J IV) U- CO to lu- Q d+ F- Z CoCl 0 O O co 0 c� O i� r' r. 8 N N r '- V O N +- nj 1. M N .= to FE w CO Qd c .� c c •�- a cc •�+ Q• 'e w o to m 'o 'v E FUJ - O E a O Q C h Q. H C >, m aQ Q Z Z of Z C :+ C C C cc = .' w m a) to c 't7 C p •� u= u= W w .+ cc o �. c aci o W W o W ny awi •Cl c co- > c C �Ma Co r cc� G°�-°a W4) C a a ��a%U¢ I Q(0 C1Q 0<UIxw O N cn st to e- W � ti •- ca e- I" x q 4 Exhibit A SECURITY — TRACT MAP NO.30023-5 ON -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ $ Storm Drain $ 115,170 $ Street Improvements $ 839,040 $ Domestic Water $ 342,740 $ Sanitary Sewer $ 348,150 $ Dry Utilities $ 622,730 $ Monumentation $ 25,050 $ Totals $ 2,292,880 $ Standard 10% Contingency $ 229,290 $ Total Construction Cost $ 2,522,170 $ Professional Fees, Design 10% $ 252,220 $ Professional Fees, Const 10% $ 252,220 $ No Plans Contingency 25% $ 630,540 $ Bond Amount $ 3,657,150 $ 115,170 839,040 342,740 348,150 622,730 2,267,830 226,800 2,494,630 249,460 249,460 623,660 3,617,210 ,-� 35 4 64�Q�rw COUNCIL/RDA MEETING DATE: April 19, 2005 ITEM TITLE: Ratification of a Purchase Order with DISC Construction Services by the City Manager for Soil Stabilization at SilverRock Resort RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: g STUDY SESSION: PUBLIC HEARING: Ratify the purchase order with DISC Construction Services in an amount not to exceed $ 243, 214. FISCAL IMPLICATIONS: $250,000 was included in the Fiscal Year 2004/2005 Operating budget at mid- year from General Fund reserves for PM-10 Maintenance of SilverRock Resort; therefore, there are adequate funds available for this action. CHARTER CITY IMPLICATIONS: This work is considered maintenance work and is therefore not subject to prevailing wage requirements. BACKGROUND AND OVERVIEW: During the recent extreme wind events of the week of April 11, 2005, blow sand from the unfinished portions of SilverRock Resort blew across Jefferson Street forcing the closure of the street due to poor visibility. Most of the site has been treated at least twice with chemical stabilizer by the mass grading and golf course contractors during the construction of the first golf course. However, all chemical stabilizers break down under the desert climate in four to six months. As the last application was at the end of 2004, SilverRock Resort is due for another application. The emergency purchase order with DISC Construction Services provides chemical stabilization, wind diversion screens, and water truck operations for approximately six months. During this time, staff will evaluate a more permanent solution to address the PM 10 issue at SilverRock for future City Council consideration. t The City Manager awarded the purchase order to DISC Construction Services on April 15, 2005. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Ratify the purchase order with DISC Construction Services in an amount not to exceed $ 243, 214; or 2. Do not ratify the purchase order with DISC Construction Services in an amount not to exceed $243,214; or 3. Provide staff with alternative direction. Respectfully submitted, n othy R. j na n, P.E. Public Works Dir ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 2 I WA a WW W 11M COUNCIL/RDA MEETING DATE: April 19, 2005 ITEM TITLE: Acceptance of Project Number 2003- 07B, Madison Street Pavement Rehabilitation RECOMMENDATION: AGENDA CATEGORY BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept Madison Street Pavement Rehabilitation Improvements (Avenue 50 to Avenue 52), Project No. 2003-07B, as 100% complete and authorize staff to release retention in the amount of $10,410, thirty-five days after the Notice of Completion is recorded. FISCAL IMPLICATIONS: The original budget for this project was $205,206. A construction contract was awarded to Matich Corporation for $104,104. Contract Change Order No. 1 in the amount of $2,565.38, is for additional signage and overtime flaggers for an event held at the El Dorado Polo Field on Easter Sunday. The following represents a final accounting according to the City's records: Original Contract Amount Contract Change Order #1 New Contract Amount Amount Paid to Date Balance Remaining $104,104.00 $2,565.38 $106,669.38 ($93,694.00) $12,975.38 Adequate funding is available within the Gas Tax Revenue Fund (Account No. 401- 0000-391.00-00) to support the release of retention. CHARTER CITY IMPLICATIONS: None. S:\CityMgr\STAFF REPORTS ONLY\C9 Proj 2003-07B.doc BACKGROUND AND OVERVIEW: The improvements included rehabilitating the pavement within the existing travel lane on the west side of Madison Street from Avenue 52 to Avenue 50. Madison Street is shared at centerline with the City of Indio. On February 15, 2005, City Council awarded the Madison Street Pavement Rehabilitation Improvements (Avenue 50 to Avenue 52), Project No. 2003-07B, to Matich Corporation of San Bernardino in the amount of $104,104. A Notice to Proceed was issued for March 21, 2005, with a 30 consecutive calendar day completion time. The project was completed approximately 15 days ahead of the scheduled project completion date. Project construction is now complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept Madison Street Pavement Rehabilitation Improvements (Avenue 50 to Avenue 52), Project No. 2003-07B, as 100% complete; and authorize staff to release retention in the amount of $10,410, thirty-five days after the Notice of Completion is recorded; or 2. Do not accept Madison Street Pavement Rehabilitation Improvements (Avenue 50 to Avenue 52), Project No. 2003-07B, as 100% complete; and do not authorize staff to release retention in the amount of $10,410, thirty- five days after the Notice of Completion is recorded; or 3. Provide staff with alternative direction. Respectfully submitted, `_ � A, 6 ( '.�c - Timothy IR-.sson, P.E. Public Works rector/City Engineer Approved for submission by: r— "" - Thomas P. Genovese, City Manager OF T'4 COUNCILAWA MEETING DATE: A p ri 1 19, 2 0 0 5 ITEM TITLE: Authorization to Fill a Vacancy on the Cultural Arts Commission RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /0 STUDY SESSION: PUBLIC HEARING: Declare one seat on the Cultural Arts Commission vacant and authorize staff to advertise for candidates to fill the vacancy. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLJCATIONS: None. BACKGROUND AND OVERVIEW: At the City Council meeting of April 5, 2005 staff was directed to place the appointment of a new member to the Cultural Arts Commission on the next agenda. The current vacancy is the result of a member having missed more than three consecutive regular meetings without being excused and also missing overtwenty-five percent of the scheduled meetings of the commission. Pursuant to Municipal Code Section 2.060.2 (B) the seat on the commission is declared vacant and the City Council may direct the City Clerk to begin recruitment for a replacement. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Declare one seat on the Cultural Arts Commission vacant and authorize staff to advertise for candidates to fill the vacancy; or 2. Do not declare one seat on the Cultural Arts Commission vacant and do not authorize staff to advertise for candidates to fill the vacancy; or 3. Provide staff with alternative direction. Respectfully submitted, June reek, City Clerk Approved for submission by: homas P. Genovese, City Manager 2 OF TKti9 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: April 19, 2005 ITEM TITLE: Authorization for Overnight Travel for One Member of the City Council to Attend the League of California Cities Legislative Action Days Conference to be Held May 1 1-12, 2005 and the League of California Cities Board of Directors Meeting to be Held May 12-13, 2005 in Sacramento, California RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for one member of the City Council to attend the League of California Cities Legislative Action Days Conference to be held May 1 1-12, 2005 and the League of California Cities Board of Directors Meeting to be held May 12-13, 2005 in Sacramento, California. FISCAL IMPLICATIONS: Expenditures for this conference are estimated as follows: Travel $ 275 Hotel $ 420 Meals $ 225 TOTAL $ 920 Funds for this conference attendance are available in the Legislative Program's Travel, Training and Meetings Account (# 101-1001-41 1.51-01). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The League of California Cities will be holding their Legislative Action Days Conference at the Sheraton Grand Hotel in Sacramento, California on May 1 1-12, 2005. This conference will include briefing on current budget issues and strategies, networking and meeting with legislators to discuss important city issues (Attachment 1). The League of California Cities Board of Directors meets four times during the calendar year. The May 12-13, 2005 meeting is the second meeting of the year (Attachment 2). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for one member of the City Council to attend the League of California Cities Legislative Action Days Conference to be held May 1 1-12, 2005 and the League of California Cities Board of Directors meeting to be held May 12-13, 2005 in Sacramento, California; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, dAU,;, &WIA.jrjZ Terry D ringer, Manage nt Assistant roved for submission m s P. Genovese City Manager Tho a y Attachments: 1. Announcement -- League of California Cities Legislative Action Days 2. League of California Cities Board of Directors 2005 Meeting Dates �j L\�_ LEAGUE OF CALIFORNIA C I T I E S ATTACHMENT 1 Leadership -Aft A- ATI -11. �MW Through LearningWednesday May II — Thursday May 12, 2005 Sheraton Grand Hotel, Sacramento, California Just because local government won a great victory last November with Prop lA is no cause for letting down our guard. Not only must we continue to press our cause and protect city resources from erosion by other means, but we also must work equally hard to protect the many other authorities and protections cities have that allow us to serve the public as it desires. Our fight is not over! Be part of the League's annual Legislative Action Days at the state Capitol. Join hundreds of local elected officials and appointed leaders from around the state and urge Legislators to protect our local services. Together with our colleagues in the LOCAL Coalition (Leave Our Community Assets Local) we will succeed in preserving and expanding local authority and responsibility. Plan to have an influential delegation attend and carry the message clearly and emphatically. Bring your elected leaders, public safety leaders, business leaders, and community leaders to demonstrate the broad support for protecting funding for locally delivered programs and services. Help get the public attention needed to preserve local services by being part of this impressive conference. Meet one-on-one with legislators in their Capitol offices. 1373 Tentative Schedule PLEASE NOTE: At this critical time during the week of the "May Revise, " the program will need to be flexible to take advantage of developing opportunities to best wield our influence. I�egistraioa Wen 11: 00 a.m. - S: 00 p. m. General Session Briefing 1: 00 - 3: 00 p. m. Wednesday, stay 11 Current Budget Issues and Strategies Keynote Speakers from the Administration and Legislature Time To Lobby At The Capitol (visits will be coordinated for maximum effect) 3: 00 - S: 30 p. m. Legislative Reception At The Sheraton (Invite your Legislator) S: 30 - 7: 30 p.m. Evening Free To Dine With Your Legislator (make plans now!) 7: 30 p. m. Thursday, May 12 Breakfast Buffet (time for breakfast meetings with Legislators) 7: 30 - 8: 30 a.m. General Session 8:30 -11: 00 a.m. Debriefing On Meetings With Legislators Briefings by representatives of The Administration and Legislators Strategies for taking the city message back home. Adjourn (Plan Individual Meetings and lunches with Legislators) 11: 00 a.m. There is NO REGISTRATION FEE for this program, but please REGISTER IN ADVANCE so we can help coordinate meetings with your legislators, and prepare materials and food for you. Use the attached registration form or register on-line at www.cacities.org/events. Hotel Reservations Reserve your hotel room directly with the Sheraton by calling (800) 325-3535 and identifying yourself as part of the League meeting, by faxing the reservation form to the hotel at (916) 341-3600, or mailing the attached form to the Sheraton Grand Sacramento, 1230 J Street, Sacramento, CA 95814. LEAGUE OF CALIFORNIA CITIES LEGISLATIVE ACTION DAYS Wednesday, May 11 - Thursday, May 12, 2005 Sheraton Grand Hotel, Sacramento, California Enter first and last name and official title, as they should appear If you require special accommodations related to facility on meeting badge and registration card. Please complete one access, communication and/or diet, please contact our form per registrant. Conference Registrar at (916) 658-8291. City/Agency Senate/District Assembly District Name Title city E-mail Phone There is no registration fee for Legislative Action Days, however please register in advance so we can prepare materials, a badge for you and assist with the legislative contacts. Registration Options Register on-line at www.eacities.org/events by fax (916) 658-8220 Or mail to League of California Cities 1400 K Street Sacramento, California 95814 All Registrations due by Friday, May 6, 2005. Hotel Reservation form due by Monday, April 11, 2005 X............................................................................................................................................................................................................................................................................ Please make your hotel reservation directly with the hotel. Name/Title Address City Zip Code Telephone Fax Email Arrival Date and Time Departure Date and Time ❑ A.M. ❑ P.M. ❑ A.M. ❑ P.M. Room Preference: ❑ Single - King ❑ No smoking room ❑ Double - 1 Bed ❑ Double - 2 Beds ❑ Handicapped access ❑ I will share a room with: Hotel Reservations Reserve your hotel room by calling (800) 325-3535 and identifying yourself as with this meeting, faxing the reservation form to (916) 341-3600, or mailing to the Sheraton Grand Hotel, 1230 J Street, Sacramento, CA 95814 Deposit Information: Room rates are $175.00 plus 12% hotel tax, CA tourism assessment (.045%) and $1.50 Sacramento Tourism Assessment. All reservations must be guaranteed with payment for one night's room deposit or a major credit card. DeDosits by credit card, require the following information: Cardholder Name Credit Card Number Expiration Date Authorized Signature Confirmation: If you do not receive a confirmation via e-mail, fax or mail within 14 days after any transaction, please contact the hotel at (916) 447-1700. Hotel Cancellation Policy: Any room cancelled after 6:00 p.m., 72 hours prior to date of arrival will be charged one nights room and tax. FAX completed reservation form to Sheraton Grand Hotel at (916) 341-3600 Reservations Must Be Received no Later Than 5:00 p.m. on April 11, 2005. '-� ATTACHMENT 2 1400 K Street, Suite 400 • Sacramento, California 95814 LLEAGUE CALIF Phone: 916.658.8200 Fax: 916.658.8240 OF www.cacities.org I:C BOARD OF DIRECTORS FUTURE MEETING DATES May 12-13, 2005 Sacramento Thursday and Friday Hyatt Hotel [lodgingl ; The Grand Ballroom [meeting/ (in conjunction with Legislative Action Days) July 29-30, 2005 Monterey (in conjunction with the Mayors and Council Members Leadership Academy) October 6-8, 2005 San Francisco (in conjunction with the League Annual Conference) Board Mtg Dates to be Determined rA If, 00, L01- CV Ul -- l 1Y.2 4 Y/ Y� OF T� COUNCIL/RDA MEETING DATE: April 19, 2005 ITEM TITLE: Denial of Claim for Damages Filed By Brenda Diehl. Date of Loss: Not specified RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Brenda Diehl, which does not include a reported date of loss. FISCAL IMPLICATIONS: The total amount of the claim is not specified. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Ms. Brenda Diehl is one of the remaining residents at the Vista Dunes Mobile Home Park and has been recently added as a named plaintiff in the lawsuit that was previously filed against the City and the Redevelopment Agency in August of 2004. In connection with being added to the suit, Brenda Diehl has filed a claim for damages. This claim does not include a reported date of loss but appears to relate to actions taken by the City and the Agency on December 4, 2003 and May of 2004 (Attachment 1). This claim was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and consolidated this claim with the claims of the other plaintiffs in the Vista Dunes litigation. Carl Warren & Co. also recommends that the City Council deny this claim. The claims filed by the initial plaintiffs have been deemed denied under the Tort Claims Act. As a result, it is appropriate that the City Council consider denying the claim of Brenda Diehl at this time. Ms. Diehlisclaim was filed with the City Clerk on March 11, 2005, and the City has 45 days to deny, accept or partially accept this claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by Brenda Diehl, which does not include a reported date of loss; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: f Thomas P. Genovese, City Manager Attachment: 1. Brenda Diehl, Claim for Damages 03i l 112005 FRI 16 ; 21 FAX 760 777 7107 La Quinta, City Clerk ATTACH ViENT f O FtAL LCQ'44 4 it L pA 1WkV* CALIFORNIA RURAL LEGAL ASSISTANCE, Inn. MYGRAIYT FARM1WORKER PROJ'ECr, Coachella Regional Office P.O. Box 35 1460 Sixth Street Coachella, California 92230-0035 Telephone: (760) 398-7261 Fax: (760) 398-1050 r--Mal: Cnacheltalutobt><Tla.txr Criscina Guerrero Dfre ing Attorney &Mail: Crum-C.-a0Crta or@ Arturo Rodriguez SYajf Arrornep 1r-Mali; prr�kuintkKderin.nr� Rita Luc:•a-1cs-Casiro Srt�Atrurwey B•Ma�: Rcastt<xytt4a.urc; Emanuel V. Benitez irawneumby Worlrar T,-Mail: F.Rnitt-4-ft,4tA- Lorella Martinez l ommumay Wwker B-Mall: l.mm lWK & erh+ ill Can-4il 1.Awpez-Rodriguez Adwinisrrarire Legal SecnNarr E-Mail: 0-M ri ntx?li- rl7.4,rtr CBN1 AAL OFFICE 611 Ilowartl Strcta., Suitt: lul(1 yan Mr4tsCiSC(�, (A 94105 Telephone: (415) 777.2752 rate: (415) 543-2752 t-Mali: h,nitNll�httndsnec.nrg World Wide Webs www.cria.on Josi R palltlla EAMItive fhret` or LtAQ C.. Jtun 100 Deputy Dhrcror RAO Santiago A1>EtaOM1 Gtw"I ci—lei {19Je-1997J Wiflin.n (i. HnuBer Ilene L Jacobs Cynthia Rise t)rreetorr 4Lw&tton Advocacy & 7>n)Itng OTIIER REGIONAL OFFICES Arvin (661)154.5"3 UWttlO 005) 725-435t1 Ell Centro (760) 353.0220 r-resnn (559) 441-*711 Glioy (N31) B47-t408 Modern (205) 674.5671 Marysville (5?0) 742.5191 ModCato (200) 517-381 t Monterey (Bill375.0505 Oceansitk (766) 966-0511 u1natd (Miamnt) (805) 496.1 W Otcrtord (Basic) (805) 483.800 cast, Rubles (xa5) 23t).37ux $nlinns (01) 7515221 San Luis Obisou (905) 544-7997 Ssm ltwWra (805) 963-59d 1 SSntaChtz (831) 459.1099 Santamaria (NOS)'122.4St.:i Saatn 1t4(rn (709) 529.0041 Stockton (2(>0) "6-0d05 Wffisnurillc (N-31) 724-2253 ii LSC City Clerk City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: Claim for Damages Dear City Clerk: Match 11, 2005 2095 MAR , I PH 4 - o 0 CITY 0 I -A QLJJN Cl T'f Rand -Delivered Claimant Brenda Diehl, a low-income family represented by attorneys Arturo Rodriguez, Rita Lue'vanos-Castro and Ilene J. Jacobs of California Rural Legal Assistance, Inc., Lynn Martinez of Weston Center on Law and Poverty, and Deborah Collins of California Affordable Housing Law Project of the Public Interest Law Project (PILP), submit the following Claim for Damages pursuant to the California Tort Claims Act (Government Code Section 910, et seq.) against the City of La Quinta, the La Quinta Redevelopment Agency, the La Quinta City Council and its members individually and in their official capacities, and City Manager Thomas Genovese, individually and in his official capacity ("Respondents"). This claim is filed as a result of illegal actions by Respondents in implementing housing element law, redevelopment law, fair housing law generally. and, specifically, in the purchase of Claimant"s place of residence, Vista Dunes Mobile Home Park, at 78-990 Miles Avenue, La Quinta, CA which will result in the elimination of affordable housing and the displacement of Claimant from the City of La Quinta. Claimant is a resident of a 93 unit mobile home park lgcated within the La Quinta Redevelopment Project Area No. 2 at 78-990 Miles Avenue, La Quinta, CA.. Claimant's family has lived at the Park in the mobile home she owns for the past twenty-five years along with many other low-income families. La Quinta Redevelopment Agency purchased the VistaDulies Mobilehome Park (the Park) in December of 2003 with the intention of displacing the extremely low, very low and low-income, predominantly Latino residents from the Park and building in its place rental housing to purportedly assist the Agency in meeting state mandated production requirements for lower income units. Yn the course of purchasing the Park, the City of La Quinta, through its Redevelopment Agency and City Council, has violated various fair housing provisions, state redevelopment, housing, and land use and planning laws. Claimant has not been offered adequate relocation assistance or benefits, including comparable replacement housing within the City of La Quinta and instead 3 03 03/11/2005 FRI 16,22 FAX 760 771 7107 La Quinta. City Clerk Z003/003 Letter to City of La Quints page 2 of 2 March 11, 2005 has been steered to seek purportedly comparable housing outside the jurisdictional limits of La Quinta, despite claimant's preference to stay in La Quinta, near her place of employment and that of her older son's place of employment and where her younger son attends high school. The claimant will be damaged if forced to move from her home in accordance with the illegal relocation assistance and replacement housing plans that have been adopted by La Quinta. If not stopped, those damages will include damages for loss of her mobile home, inadequate relocation assistance and benefits, an inadequate replacement housing plan, and fair housing violations. Claimanthas up to this time incurred such damages as emotional distress and loss oftime andmoney in searching for comparable housing within La Quinta and nearby jurisdictions. Claimant will incur additional damages if forced to relocate from Vista Dunes. Claimant did not suffer similar injuries nor will sbe suffer such injuries but for the Respondents' actions. The amount and extent of Claimant's injuries will be plead and proven. The jurisdiction over the claim rests with either the Superior Court of Riverside County or the United States District Court for the Central District of California. Sincerely, CALTFQRNTA RURAL LEGAL ASSISTANCE Arturo Rodriq., CRLA Rita Luevanos-Castro, Esq., CRLA Ilene J. Jacobs, Esq., Director of Litigation, CRLA Lynn Martinez, Esq., 'Western Center on Law and Poverty Deborah Collins, Esq., California Affordable Housing Law Project of PILP Attorneys for Claimants 0 vq� AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: April 19, 2005 CONSENT CALENDAR: 1✓ ITEM TITLE: Approval of a Professional Services Agreement to Bureau Veritas/Berryman & Henigar and STUDY SESSION: NRO Engineering for On -call Plan Check Services PUBLIC HEARING: RECOMMENDATION: Approve Professional Services Agreements (PSAs) with Bureau Veritas/Berryman & Henigar (Attachment 1) and NRO Engineering (Attachment 2) for on -call plan check services. FISCAL IMPLICATIONS: A minimum net savings to the City of $90,000 to $135,000 annually is expected. Plan check fees are prepaid by development applicants. Currently, on -call plan check service fees collected by the City are equivalent to existing contract costs of $750/plan sheet. The proposed PSAs will reduce contract costs by 20-30% authorizing fees for Bureau Veritas/Berryman & Henigar of $600/plan sheet and NRO Engineering of $525/plan sheet. The variation in fee schedules between Bureau Veritas/Berryman & Henigar and NRO Engineering reflects overhead differences between the respective companies. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The PSAs provide savings resulting from improved contract management and process efficiencies implemented by Public Works within development plan reviews. The Bureau Veritas/Berryman & Henigar PSA reduces the fee schedule and decreases the scheduled plan review time from a previous City agreement with the company. Bureau Veritas/Berryman & Henigar has an exceptionally wide range of licensed specialists and has been helpful in review of atypical or complex projects within La Quinta. The City has had a long-term relationship with Principal Engineer, Daljit Marwah. j The NRO Engineering PSA also reduces the historical fee schedule paid by the City for outside plan check services and allows the City to maintain a relationship with another local and well established public plan check company. NRO Engineering and Principal Engineer, Noel Owsley, currently perform plan check services for the cities of Rancho Mirage, Indio and Coachella. The Public Works/Engineering Department seeks to develop relationships with as many as four plan check consulting firms. The City has relied on consulting firms to perform plan and map checking since the City's incorporation. Staff believes that there are numerous benefits to being able to rely upon more than a single firm for checking any given type of improvement plan or subdivision map, including reductions in turnaround time. As a result, the multi -firm consortium concept was developed to strengthen the City's map and plan check program. The consortium concept will help the City maintain quality turnaround times in map and plan checking as the development workload fluctuates, and when occasional staffing changes occur in the consultant's office. NAI Consulting is currently under City contract for plan check services as of January 6, 2005. Bureau Veritas/Berryman & Henigar and NRO Engineering will provide two additional on -call plan check consultant contracts available for use. The Bureau Veritas/Berryman & Henigar contract is essentially a renewal of an existing contract with Berryman & Henigar with improved price and delivery terms. A fourth contract for plan check services is also currently under negotiation and may be brought to City Council for approval within the next month. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Professional Services Agreements with Bureau Veritas/Berryman & Henigar and NRO Engineering for on -call plan check services; or 2. Do not approve Professional Services Agreements with Bureau Veritas/Berryman & Henigar and NRO Engineering for on -call plan check services; or 3. Provide staff with alternative direction. Respectfully submitted, Timofhy R. asson, P.E. Public Work Director/ City Engineer S:\CityMgr\STAFF REPORTS ONLY\4-19-05\C19 B&H NRO Plan Check.doc Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Bureau Veritas/Berryman & Henigar PSA 2. NRO Engineering PSA S:\CityMgr\STAFF REPORTS ONLY\4-19-05\C19 B&H NRO Plan Check.doc 3 ATTACHMENT 1 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 Bureau Veritas/Berryman & Henigar, Inc. (BV/BHI)) ("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 On Call Plan Check Services for Private Development Plans 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. TAPWDEPMTAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BVBHI PLAN CHECK.DOC 4 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"), 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. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BVBHI PLAN CHECK.DOC 5 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. 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 in 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 judgment 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 December 31, 2005, with an option to extend the agreement for an additional one-year. 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. Daljit Marwah, P.E. 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. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BVBHI PLAN CHECK.DOC 6 4.2 Contract Officer. The Contract Officer shall be Paul Goble, Senior Engineer 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 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. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BVBHI PLAN CHECK.DOC 7 The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal In Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $500,000 per accident 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 the City, its officers, employees, representatives and agents ("Indemnified Parties"), 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. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. n T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BVBHI PLAN CHECK.DOC �•• 8 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 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 T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BVBHI PLAN CHECK.DOC 9 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 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 therefore. 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. f` A T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BVBHI PLAN CHECK.DOC � 10 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 overwork 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. 8.0 CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION. 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 T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BVBHI PLAN CHECK.DOC �� 11 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: To Consultant: CITY OF LA QUINTA BUREAU VERITAS/BERRYMAN & HENIGAR, INC. Attention: Paul Goble, Senior Engineer Attention: Daljit Marwah, P.E. P.O. Box 1504 2001 East First Street, Suite 240 78-495 Calle Tampico Santa Ana, California, 92705 La Quinta, California 92247-1504 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated 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 judgment 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 is hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authorily. 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. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BVBHI PLAN CHECK.DOC 12 �,, IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation Date: Thomas P. Genovese, City Manager ATTEST: Date: June Greek, City Clerk APPROVED AS TO FORM: Date: M. Katherine Jenson, City Attorney CONSULTANT: Bureau Veritas/Berryman & Henigar, Inc. Date: F)QM)t_ 1) Zyt>C- SE�J 1 �Xs V� G �, f �.t'� � 7 4 �►1 T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BVBHI PLAN CHECK.DOC 13 Exhibit A Scope of Services Improvement plan checking will include the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City's right of way. The plans shall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a sense of attention to details. Plan check services may include, but are not limited to the following: • Grading Plans including mass grading, rough grading and precise grading plans • Street Improvement Plans including street widening, rehabilitation and new street plans • Storm Drainage Plans • Hydrology and Hydraulic Calculations and Reports • Traffic Plans including signing and striping plans, traffic detour and traffic staging plans and signal plans • Engineer's Cost Estimate for the related items of work for bonding purposes • Engineer's Reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans, and Special Traffic Reports The tasks of the plan checker include: • To check for design conformance to: - The approved Tentative Map - Related Specific Plans - General Plan and City Ordinances - Conditions of Approval - City Standards - ADA Standards - The City's Subdivision Plan Check List - Other Agency Requirements such as RCFCD, CVWD and CalTrans • To review plans for sound engineering practices. • To check for accuracy of design in conformance with the City's most current Plan Check List. • To check general mathematics and design criteria. • To call for redesign of any portion of plans that: - Will not function due to poor engineering. - Is not consistent with the Approved Tentative Map or Conditions of Approval. - Will be potentially unsafe to the public. - Impractical to construct. All plans shall be reviewed under the direct supervision of a California Registered Engineer. TAPWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BVBHI PLAN CHECK.DOC 14 Exhibit B Schedule of Compensation Payment shall be made in full at a "fixed fee" rate of $600.00 per sheet based on the number of sheets submitted for plan check for title and detail sheets, street plans, storm drain plans, traffic plans, meandering sidewalk and parkway grading plans, rough & precise grading plans at 30, 40 or 50 feet per inch scale. Consultant receives no additional compensation for review of supporting documents including, but not limited to hydrology and hydraulic calculation reports, soils reports & engineer's cost estimates, conditions of approval, tentative tract and parcel maps. This rate shall be compensation for up to three (3) plan checks. Supplemental payment for additional plan checks after the third check or for special engineering reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans and Traffic Reports, shall be in made 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. An estimate of hours to complete the plan check (after the third plan check) or for special reports shall be made in writing to the Contract Officer for approval as specified in Section 1.6 - Additional Services of the Agreement. Compensation for the first three plan checks shall be distributed at the following schedule: First Plan Check 65% of the Total Plan Check Fee Connni l [ inn i'k mr le Silo% ^f 4hn Tn+.nl Di.nr% C.,.+ vvvv� I%A I yaws 1 VI L.V /V VI U IV 1 VIGI 1 I4"11 VI 1%-0%A% 1 C—U Third Plan Check 15% of the Total Plan Check Fee The Consultant shall be compensated upon the completion of each plan check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed plan check. If the plan check process is completed prior to the third plan check, 100% of the plan check fee will be paid upon completion of the final plan check. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BVBHI PLAN CHECK.DOC 15 Exhibit C Schedule of Performance OFFICE HOURS The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advance notice. SCHEDULE The Consultant shall adhere to the following plan check schedule: Plan Submittal Plan Check Turn -Around (From Receipt from City Staff) 1st Plan Check 10 Working Days 2"d Plan Check 7 Working Days Td Plan Check 4 Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the 1st and 2"d plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows: 1 st Submittal Upon completing the 1st review, the Consultant shall submit the "red lined" plans and a copy of the applicable Plan Check List to the City. The City will provide supplemental comment as necessary and forward "red lined" plans to the applicant. 2' and Subsequent Submittals Upon receipt of the 2"d round plan check submittal from the applicant and upon completing d the 2 review, the Consultant shall submit red lined"plans and a copy of the applicable 2' review Plan Check List to the City. The City will provide supplemental comment as applicable and forward 2"d review "red lined" plans to the applicant. The process of applicant correction, Consultant review followed by City review and "red lined" plan return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant. If necessary, the Consultant shall be available to meet with City staff and/or the applicant to review the plan check comments. The Consultant will communicate directly with the applicant regarding plan check issues and clarifications. The City desires an average of no more than 3 plan check rounds before final plan approval. TAPWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BVBHI PLAN CHECK.DOC 16 The Consultant shall also maintain a plan check log as follows to track the plan check status. The plan check log shall include the following information: 1) Receipt Date 2) Transmittal Dates 3) Who is Receiving the Information 4) Status of Plan Check 5) Project Description and City Plan Check Number 6) Plan Check Fees The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BVBHI PLAN CHECK.DOC 17 Exhibit D Special Requirements None. 1) T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BVBHI PLAN CHECK.DOC I LL 18 ATTACHMENT 2 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 NRO Engineering (NRO) ("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 On Call Plan Check Services for Private Development Plans 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. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\NRO PLAN CHECK FINALMOC r '� r �� 19 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"), 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. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\NRO PLAN CHECK FiNAL.DOC , 20 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. 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 in 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 judgment 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 December 31, 20051 -- -__-_----with an option -to -extend- the agreement -for an additional -one-year. 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. Noel Owsley, P.E. 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. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\NRO PLAN CHECK FINAL.DOC 9.0 J 21 4.2 Contract Officer. The Contract Officer shall be Paul Goble, Senior Engineer 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 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. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTSWRO PLAN CHECK FINAL.DOC U 22 The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Iniury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $500,000 per accident 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 Fosses 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 the City, its officers, employees, representatives and agents ("Indemnified Parties"), 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. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. T:\PWDEP'nSTAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\NRO PLAN CHECK FINAL:DOC ~ y 23 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 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 T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTSWRO PLAN CHECK FINAL.DOC 24 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 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 therefore. 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. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\NRO PLAN CHECK FINAL.DOC ,-� �. ! 25 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. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 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 r')0 T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\NRO PLAN CHECK FINAL.DOC l� 26 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 Attention: Paul Goble, Senior Engineer P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92247-1504 To Consultant: NRO ENGINEERING Attention: Noel Owsley, P.E. 41-945 Boardwalk, Suite H Palm Desert, California, 92211 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated 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 judgment 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 is 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. l y. TAPWDEPMTAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\NRO PLAN CHECK FINAL.DOC 27 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation Date: Thomas P. Genovese, City Manager ATTEST: Date: June Greek, City Clerk APPROVED AS TO FORM: Date: M. Katherine Jenson, City Attorney CONSULTANT: NRO Engineering Date: 6\- tt�. 05 Noel Owsley, . 41-945 Boardwalk, Suite H Palm Desert, California 92211 (760) 346-3250 r 'n T:\PWDEP'I\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\NRO PLAN CHECK FINAL.DOC �: ti �' 28 Exhibit A Scope of Services Improvement plan checking will include the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City's right of way. The plans shall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a sense of attention to details. Plan check services may include, but are not limited to the following: • Grading Plans including mass grading, rough grading and precise grading plans • Street Improvement Plans including street widening, rehabilitation and new street plans • Storm Drainage Plans • Hydrology and Hydraulic Calculations and Reports • Traffic Plans including signing and striping plans, traffic detour and traffic staging plans and signal plans • Engineer's Cost Estimate for the related items of work for bonding purposes • Engineer's Reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans, and Special Traffic Reports The tasks of the plan checker include: • To check for design conformance to: - The approved Tentative Map - Related Specific Plans - General Plan and City Ordinances - Conditions of Approval - City Standards - ADA Standards - The City's Subdivision Plan Check List - Other Agency Requirements such as RCFCD, CVWD and CalTrans • To review plans for sound engineering practices. • To check for accuracy of design in conformance with the City's most 'current Plan Check List. • To check general mathematics and design criteria. • To call for redesign of any portion of plans that: - Will not function due to poor engineering. - Is not consistent with the Approved Tentative Map or Conditions of Approval. - Will be potentially unsafe to the public. - Impractical to construct. All plans shall be reviewed under the direct supervision of a California Registered Engineer. TAPWDEPT\STAMGOBLE\CONTRACTS SERVICE AGREEMENTS\NRO PLAN CHECK FINAL.DOC ., 3 �.. � 29 Exhibit B Schedule of Compensation Payment shall be made in full at a "fixed fee" rate of $525.00 per sheet based on the number of sheets submitted for plan check for title and detail sheets, street plans, storm drain plans, traffic plans, meandering sidewalk and parkway grading plans, rough & precise grading plans. Consultant receives no additional compensation for review of supporting documents including, but not limited to hydrology and hydraulic calculation reports, soils reports & engineer's cost estimates, conditions of approval, tentative tract and parcel maps. This race shall be compensation for up to three (3) plan checks. Supplemental payment for additional plan checks after the third check or for special engineering reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans and Traffic Reports, shall be in made 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. An estimate of hours to complete the plan check (after the third plan check) or for special reports shall be made in writing to the Contract Officer for approval as specified in Section 1.6 - Additional Services of the Agreement. Compensation for the first three plan checks shall be distributed at the following schedule: First Plan Check 65%.of the Total Plan Check Fee Second Plan Check 20% of the Total Plan Check Fee Third Plan Check 15% of the Total Plan Check Fee The Consultant shall be compensated upon the completion of each plan check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed plan check. If the plan check process is completed prior to the third plan check, 100% of the plan check fee will be paid upon completion of the final plan check. T:\PWDEPTISTAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\NRO PLAN CHECK FINAL.DOC 30 Exhibit C Schedule of Performance OFFICE HOURS The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advance notice. SCHEDULE The Consultant shall adhere to the following plan check schedule: Plan Submittal Plan Check Turn -Around (From Receipt from City Staff) 1st Plan Check 10 Working Days 2"d Plan Check 5 Working Days Td Plan Check 2 Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the 1 st and 2"d plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows: 1st Submittal Upon completing the 1st review, the Consultant shall submit the "red lined" plans and a copy of the applicable Plan Check List to the City. The City will provide supplemental comment as necessary and forward "red lined" plans to the applicant. 2"d and Subsequent Submittals Upon receipt of the 2" round plan check submittal from the applicant and upon completing the 2"d review, the Consultant shall submit "red lined" plans .and a copy of the applicable 2"d review Plan Check List to the City. The City will provide supplemental comment as applicable and forward 2ndreview red lined plans to the applicant. The process of applicant correction, Consultant review followed by City review and "red lined" plan return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant. If necessary, the Consultant shall be available to meet with City staff and/or the applicant to review the plan check comments. The Consultant will communicate directly with the applicant regarding plan check issues and clarifications. The City desires an average of no more than 3 plan check rounds before final plan approval. n � C T:\PWDEMSTAFF\GOBLE\CONTRACTS 'SERVICE AGREEMENTS\NRO PLAN CHECK FINAL.DOC �' J 31 The Consultant shall also maintain a plan check log as follows to track the plan check status. The plan check log shall include the following information: 1) Receipt Date 2) Transmittal Dates 3) Who is Receiving the Information 4) Status of Plan Check 5) Project Description and City Plan Check Number 6) Plan Check Fees The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. !^ i r` T:\PWDEPnSTAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\NRO PLAN CHECK FINALMOC �•, �" U 32 Exhibit D Special Requirements None. TAMDEMSTAFMOBLEICONTRACTS SERVICE AGREEMENTS\NRO PLAN CHECK FINAL.DOC 33 ' • ' 19N. 7 OF `fk�'9ti COUNCIL/RDA MEETING DATE: April 19, 2005 AGENDA CATEGORY: BUSINESS SESSION: ` ITEM TITLE: Consideration of Approval of the CONSENT CALENDAR: Development Plans for the City Hall Expansion, Capital Improvement Project Number 2002-01 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the development plans for the City Hall expansion, Capital Improvement Project Number 2002-01. FISCAL IMPLICATIONS: The City Hall expansion project is listed as one of the City's Capital Improvement Projects. The cost for the expansion including design and construction is estimated at $9.5 million. This estimate includes an Emergency Operations Center which was added to the scope of the project per the City Council's direction. Funding for the project is primarily through the Development Impact Fee (DIF). The update of the DIF, which will be considered by the City Council under a separate action, will reflect the revised cost estimates. Since all the DIF fees have not been collected, staff has projected the need for a $6.1 million loan from the General Fund to accelerate construction of the facility at the $9.5 million estimated cost. A loan in the amount of $2.1 million was previously approved by the City Council which means that an additional loan from the General Fund Reserve to the DIF in the amount of $4 million would be required. In addition to the DIF funding, $657,000 of Equipment Replacement Funding has been allocated to this project as part of the Fiscal Year 2004/05 Capital Improvement Program for total project funding of $9.5 million. S:\CITYMGR\STAFF REPORTS ONLY\4-19-05\B4 CITY HALL EXP.DOC CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Attachment 1 is a detailed design development package, including site plans, floor plans and building elevations. Included in the design presentation package is a detailed cost estimate for the project. The costs represented include the fixtures, furnishings and equipment to outfit expansion. The estimate also includes the cost to update the existing air conditioning system. The current design, as represented in the design development drawings, is consistent with the direction given by the City Council at the November 16, 2004 Study Session on circulation issues for the expansion. The architect will be available at the City Council meeting to answer detailed questions regarding the information provided in the attachment. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the development plans for the City Hall expansion, Capital Improvement Project Number 2002-01; or 2. Do not approve the development plans for the City Hall expansion; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Building nd Safety Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Design Development Package 2 S:\CITYMGR\STAFF REPORTS ONLY\4-19-05\B4 CITY HALL EXP.DOC COUNCIL/RDA MEETING DATE: April 19, 2005 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Approval of City of La Quinta Marketing Plan for Fiscal Year 2005-06 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a City of La Quinta Marketing Plan for Fiscal Year 2005-06. FISCAL IMPLICATIONS: None associated with this action, as the City Council is being asked to consider approval of the City's Marketing Plan for Fiscal Year 2005-06 in its narrative form. However, implementation of the proposed Plan has financial implications of up to $560,000, which represents the estimated cost of implementing the marketing programs included within the Plan. By marketing component, the breakdown is as follows: General City Marketing — $175,000 City Communication — $89,000 to $135,000 (depending on City Report option) Arnold Palmer Classic Course Marketing — $250,000 These costs estimates will be reviewed and further refined as part of the City's annual budget process. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The City's Marketing Plan is a key tool in promoting and supporting economic development in the City. BACKGROUND AND OVERVIEW: On March 15, 2005, the City Council considered marketing concepts for the City of La Quinta via a Study Session. At that time, Kiner Communications presented recommended marketing ideas for Fiscal Year 2005-06 for Council consideration and direction. Based on input from Council, budget parameters, and ongoing discussions with Landmark, Kiner Communications has prepared a proposed City of La Quinta Marketing Plan for Fiscal Year 2005-06 (Attachment 1). As part of their contract with the City, Kiner Communications is responsible for preparing a comprehensive marketing plan for the City on an annual basis. The attached Plan, similar to the City's economic development plan, has been developed as an "umbrella" document in an effort to identify all the marketing programs the City plans to undertake during the upcoming fiscal year. In preparing the City Marketing Plan for 2005-06, many factors currently at work were taken into account, including marketing the City's new Arnold Palmer Classic Course and other program -specific efforts. Their corresponding implementation structures were also taken into account. After receiving input from Council on March 15, staff worked with Kiner Communications to restructure the marketing document and make its implementation efforts more comprehensible. The table below provides pertinent information on each of the three marketing components included within the Plan: Marketing Managing Responsible for Budget Supporting Council Budget Component Department Implementation Estimate Accounts Consideration General City Economic Professional S 175,000 Economic Professional Marketing Development marketing Development/ marketing consultant/staff Redevelopment/ contract/normal Central Services bud et process City Economic Professional $89,000- Economic Professional Communication Development/ marketing $135,000* Development/ marketing Community Services consultant/staff Community contract/normal Services budget process Arnold Palmer Golf operator Classic Course Public Works Golf operator $250,000* * Enterprise Fund contract/normal Marketing budget process *Range provided due to City report options. **Total for marketing as proposed by Landmark Golf Management. As a reiteration, the City of La Quinta Marketing Plan for Fiscal Year 2005-06 has been prepared in narrative/conceptual form only; and, in keeping with last year's process, staff is recommending that the Council approve only the narrative Plan at this time. If approved, staff will develop an operating budget in conjunction with the City's Fiscal Year 2005-06 budget process and the associated professional services contracts (i.e., marketing and golf operations). In summary, the proposed City of La Quinta Marketing Plan for Fiscal Year 2005-06 is c..: i 2 divided into three marketing components which include the following programs (more detail is provided in Attachment 1) : • General City Marketing — Promote a shop, dine, play, and stay campaign in La Quinta via television; continue advertising in local event program guides such as ICSC and the Bob Hope Chrysler Classic; target key and desired businesses via a direct mail piece; continue to participate in trade shows, e.g., ICSC and BizNet; continue annual sponsorship of the Date Festival; and maintain a contingency account for unique advertising opportunities. • City Communication — Continue to advertise in Palm Springs Life (October issue); produce a City annual calendar; produce a City Report consistent with Council direction (options outlined below and in the Plan); create material to promote Community Services events such as post cards and posters; produce quarterly recreational brochure and issue press releases on classes, trips, special events, etc.; promote events aimed at drawing more people to the Village (e.g., La Quinta Arts Festival, Veteran's Day event); and explore creation of a basic walking map of the Village. • Arnold Palmer Classic Course Marketing — Outdoor advertising (one billboard will be placed as a carry-over item from the McMurry contract); air 30-second TV spots locally and at national level; print advertising in golf publications such as Desert Golf Magazine and Palm Springs Life, and the Desert Sun; develop a sales/media tool kit for solicitation of tournaments; research and implement public relations opportunities; update rack cards and other collateral material; and maintain website. Subsequent to the City's consideration of marketing concepts during the March 15, 2005 meeting, a few items have been removed and are not included in the City Marketing Plan for.Fiscal Year 2005-06, namely: 1) Events to attract more people to the Village; 2) Continue billboard advertising for the Arnold Palmer Classic Course throughout the year; 3) Events for hotel concierges; and 4) Giveaways for Valley charity tournaments. As stated earlier, the Plan includes program -specific marketing, mainly in the areas of Community Services and SilverRock Resort. This program -specific marketing is combined with traditional marketing (i.e., economic development) in this Plan to make it an umbrella document for all City marketing efforts. Staff is seeking direction from Council on several questions that pertain to the proposed Plan, one which directly relates to this latter issue. The questions are as follows: 1) Should the City's Marketing Plan include Community Services and SilverRock programs, or strictly have an economic development focus? 2) In relation to a City Report (as outlined in the Plan), which option would Council elect: Option A — produce quarterly report; Option B — enhance/redesign City pages in the Gem; or Option C — maintain the status quo, continuing with an annual City Report and the current Gem design? (Samples of City communication pieces are provided as Attachment 2.) 3) In fulfilling some of the general City marketing (i.e., economic development) and City communication items, would Council prefer that staff renegotiate a contract with Kiner Communications or solicit competitive proposals for professional marketing services?' In addition to direction on the above -listed questions, staff is seeking Council action as it relates to approving a City Marketing Plan for Fiscal Year 2005-06. Council will have the opportunity to consider the financial implications of this Plan's implementation via professional services agreements and the normal budget process. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a City of La Quinta Marketing Plan for Fiscal Year 2005-06; or 2. Approve a City of La Quinta Marketing Plan for Fiscal Year 2005-06 with changes; or 3. Do not approve a City of La Quinta Marketing Plan for Fiscal Year 2005-06; or 4. Provide staff with alternative direction. Respectfully submitted, VC... , - Mark Weiss, Assistant City Manager 1 The City's Municipal Code allows exemption by the City Council from competitive proposal solicitation "where experience with the proposed service provider has demonstrated competence and satisfactory performance or in the renewal or renegotiation of existing contracts for continuing services. Alternatively, consistent with specific procedures prescribed by the Council regarding contracts for major services, i.e., with an estimated value of twenty-five thousand dollars or greater, the Council may wish to consider solicitation of competitive proposals and a formal selection process. The last time the City solicited proposals from qualified marketing firms for implementation of the City's marketing plan was in the spring of 2002. 4 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City of La Quinta Marketing Plan for Fiscal Year 2005-06 2. Springtime Events postcard, City Report for 2004-2005, April 2005 Gem issue, Winter/Spring 2005 Recreation Brochure, and 2005 City Calendar (Council only) 5 Attachment 1 f'"M.eIF a.� Im CITY OF LA QUINTA MARKETING PLAN FISCAL YEAR 2005-06 Prepared by Kiner Communications Promote "Stay and Play" and "Shop and Dine" in Southern California Drive -In Markets Advertise in Southern California drive-in markets using the L.A. Times, a 30-second TV spot featured on networks like the Golf Channel and Travel Channel, and airing the 2005 out -of -market infomercial in the Orange County market. In lieu of producing a new long - format infomercial this year, develop concise 30-second spots that air more frequently highlighting key communication points for the City — such as new hospitality, shopping, and dining options as well as recreational options such as the Arnold Palmer Classic Course. Target local visitors and residents, encouraging them to discover all the exciting new shopping and dining options in La Quinta Create a 30-second spot to air locally on networks frequently watched by guests, such as the Weather Channel. The spot will have a shop/dine focus, utilizing a theme such as "Have you seen La Quinta lately?" The spot can also be featured on local news to communicate this message to residents, as well. Complement TV campaign with "Shop/Dine La Quinta" print ads to run in The Desert Sun and tourist publications like TravelHost and Desert Entertainer. Continue to position La Quinta as a great place to do business; promote business opportunities and encourage business retention by communicating La Quinta's ongoing ambitions for economic development • Continue a strong presence at prominent local events such as the ICSC Convention and the Bob Hope Chrysler Classic through program guide advertising. The ads reach business owners and decision makers in town who may be interested in relocating and opening a business in La Quinta. • Put together a direct mail piece to follow-up with businesses and developers who have shown interest in La Quinta in the past — as well as key businesses the City still wishes to attract. The piece will also highlight the upcoming restaurant/retail opportunities that SilverRock Resort will offer in the next couple of years. This list will be generated, in part, by the businesses identified in the 2005 business recruitment marketing program currently in progress. • Continue to enhance trade show (e.g., ICSC, BizNet) presence via purchase of City promotional items that help market the City such as highlighters, coasters, and pens. • Continue annual sponsorship of the Riverside County Fair & National Date Festival. • Maintain a contingency account for unique advertising opportunities. r� Convey important public safety information, community services and economic development updates through proven publications • Continue to advertise in the Palm Springs Life Advertorial (October Desert Cities Progress Issue). • Produce City Calendar that is both functional as a calendar and informative on City progress and events. • Consider options in producing ongoing resident communications to include: A. Create and distribute a quarterly format to allow for more information to spread out at different times of the year —effectively communicating in larger, more legiable text and bigger graphics/photography. B. Redesign the City's section in the _Q= to maximize communication. Create eye-catching graphics using more color and photos. Place a "teaser" ad on the cover, highlighting: "Your City Report Inside — get all the latest updates on the City of La Quinta" C. Continue with Annual City Report and current Gem design. • Create postcards, posters and other materials to support Community Services, such as the City Picnic/spring events and the wonderful new amenity the community has in the upcoming state-of-the-art library facility. • Produce and mail quarterly recreation brochures to residents, and continue to issue press releases on classes, trips, programs, etc. sponsored by the Community Services Department. • Promote significant Community Services events, such as events aimed at bringing more people into the Village. • Explore the creation of a basic walking map of the Village to show all there is to do and see there — including the City's public art pieces, Civic Center Campus and general shopping and dining areas in the Village. • Continue to promote community services and general City information via the Gem monthly publication. �� 7 e Continue branding and promoting the new golf course at SilverRock • In order to get the word out to the masses regarding the new championship course at SilverRock, a rotator (traveling) board will be secured for the next six months (under the McMurry contract). The board will rotate throughout the Valley and have a different and prominent location every two months. Broadcast existing 30-second spots featuring the Arnold Palmer course. Spots would be recommended for PGA coverage on broadcast, the Golf Channel and local news. r Continue to target the golf resort population when it is here in the Coachella Valley with advertising and media coverage in golf and travel publications (such as Desert Golf Magazine, the Palm Springs Life Guide, TravelHost, and the September hardbound issue of Palm Springs Life) — as well as a special section and special rate ads in The Desert Sun. Develop a sales kit tool that can also be utilized as a media kit. This would include a folder, �..�% a tournament brochure, information on practice/teaching facilities when they become available, photography and other inserts featuring opportunities at the course. Sales kit can then be used to target meeting planners, tournament directors and sales departments of hotels in the Valley — particularly hotels that are not associated with their own golf course. • Research and implement PR opportunities to get SilverRock covered in feature stories in golf and travel publications, as well as articles already planned as part of a magazine's editorial calendar (i.e., if Alaska Airlines is doing a feature on the best new golf courses, work to get SilverRock covered as part of that article). • Revise/update rack cards and website, as needed. MANAGED BY Economic Development Community Services Golf Operator F-7 i�►a' QJ � I w of COUNCIL/RDA MEETING DATE: April 19, 2005 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Consideration of the City's Economic CONSENT CALENDAR: Development Plan for Fiscal Year 2005-2006 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt the City's 2005-2006 Economic Development Plan. FISCAL IMPLICATIONS: The 2005-2006 implementation activities will be included within the Fiscal Year 2005- 2006 budget. CHARTER CITY IMPLICATIONS: The City Charter and its principles of "home rule" allow the City sufficient flexibility to undertake economic development activities. The Charter allows the City "to utilize revenues from the General Fund to encourage, support, and promote economic development." BACKGROUND AND OVERVIEW: During its March 15, 2005 Study Session, the City Council considered the draft 2005- 2006 Economic Development Plan and made comments relative to the documents and programs. Those comments have been incorporated into the Plan (Attachment 1), which is being presented for the City Council's consideration. Minutes from the March 15, 2005 Study Session are included as Attachment 2. Specific changes that were suggested at the March 15, 2005 meeting include: • To improve readability, all deletions are in red, and all additions are in blue. • Eliminated references to "commercial/market niches." • Under "Key Assets," added "Availability of professional office space." • Under "Projected Market Demand," emphasized that this section is quoted directly from the March 2003 Market Study prepared by Design Workshop. • Within the "Business Plan" chapter, under "City/Agency Private Project Investment," added that City/Agency investment might occur "when considered appropriate." • Changed "Obsolete Commercial Facilities" to "Vacant Commercial Facilities." • Under "Regional Transportation Opportunities," corrected name of airport to the Jacqueline Cochran Regional Airport. • Under "Annexation Opportunities," changed the phrase, "will respond to" to "may pursue...." • Under "Recreation Opportunities," revised to read, "The City will develop a second municipal golf course...." The Council discussed the 2003 Market Study Executive Summary quoted in the Economic Development Plan. The Market Study Executive Summary is included because it summarizes key findings which provide the basis for focused economic development efforts. Staff has made minor modifications to the Market Study Executive Summary text; however, the contract between the consultant and the City prohibits major modifications. A new market study will be commissioned for the next fiscal year which will concentrate on ways to enhance the City's three commercial districts and explain the value of the arts to local economies. Major goals for 2005-2006 include: monitor the Miles/Washington DDA; secure a major anchor tenant for the eastern section of the Highway 1 1 1 corridor; initiate a parking study for the Village; review potential annexation requests; enter into a DDA for SilverRock hospitality development; complete site improvements and home construction at Vista Dunes Mobile Home Park; conclude a DDA for Dune Palms/Avenue 48 multi -family development; and continue to market the City's economic, hospitality, and recreational opportunities. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt the City's 2005-2006 Economic Development Plan; or 2. Do not adopt the City's 2005-2006 Economic Development Plan; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. 2005-2006 Economic Development Plan 2. March 15, 2005 Study Session minutes 3 ATTACHMENT 1 City of La Quints 1,61 � low $uys, A �_I k L Ed: 1� A, L A I I I Apri119, 2005 City of La Quints 78-495 Calle Tampico La Quinta, California 92253 Rosenow Spevacek Group, Inc. 309 West 4"' Street Santa Ana, California 92701 P: 714.541.4585 F: 714.541.1175 E-Mail: info@webrsg.com 0 Contents of This Document This document is organized as follows: i) Introduction ■ Rationale for this Economic Development Plan ■ Participants in Formulating and Implementing this Plan 2) Resources, Opportunities, Liabilities and Needs ■ Community Profile ■ Key Assets ■ Liabilities ■ Projected Market Demand ■ Projected City/Redevelopment Agency Financial Resources for Economic Development ■ City/Agency Real Estate Assets ■ Infrastructure Needs/City Capital Improvement Program ■ 3) Business Plan ■ Mission Statement ■ Implementation Policies ■ Fiscal Year 2004-05 Accomplishments a) Highway 111 Corridor b) The Village c) Annexation Feasibility d) Resort/Hospitality Opportunities e) Recreation Opportunities 0 Housing g) Marketing ■ 2005-06 Implementation Activities and Target Areas h) Highway 111 Corridor i) The Village j) Annexation Feasibility k) Resort/Hospitality Opportunities 1) Housing m) Marketing n) Recreation Opportunities APPENDIX Exhibit A: City/Agency Real Estate Assets Map 5 Section 2005*6 Economic Development Plan Shategies and Tasks to Simulate Private Investment in La Quints The City of La Quinta is embarking on the tenth year of implementing economic development initiatives. To date the City's efforts have yielded major retailers, upscale restaurants, and the creation of new resort and golf venues at SilverRock Resort. The focus for the coming fiscal year is two fold. The first involves continuing the initiatives that generated new "big box" commercial users in the Highway 111 corridor, and interest by resort developers/operators in SilverRock Resort. The second will entail further defining the markets of the City's three commercial districts (the Highway 111 corridor, the Village and SilverRock Resort) to ensure that the City's economic development initiatives will maximize the benefit to each district. Finally, the City's economic development effort will continue to balance between securing quality revenue -generating development with preserving La Quinta's natural features. The overall goal is to insure that the short-term gain realized from achieving revenue -generating uses does not compromise the long-term necessity for quality development that withstands the test of time. Thus, the economic development initiatives presented in this Economic Development Plan center on attracting and enhancing revenue -generating enterprises, protecting open space and environmental attributes, and expanding recreation opportunities for La Quinta's residents. This Plan outlines a vision and direction for the City's economic development activities. It presents the mission statement, implementation policies, projected resources, and business plan the City and the La Quinta Redevelopment Agency will follow to sustain a comprehensive economic development effort. Rationale for this Economic Development Plan The economic development process is the deliberate, judicious intervention in the local economy to foster a business climate that facilitates private investment. This process is neither exact nor fully predictable, and is more of an art than a science. Economic development is a dynamic, ever changing endeavor because it must constantly accommodate the evolving characteristics of the market place. Thus, the City annually reviews and updates this Plan to ensure that it reflects and responds to current market conditions, and equally as important, the ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 6 April 19, 2005 ECONOMIC DEVELOPMENT PLAN INTRODUCTION PAGE 2 community's collective vision as to how to accommodate these conditions. Finally, this enterprise parallels the activities associated with building a city; thus this Plan embraces a long-term vision rather than a short-term perspective. In 1996, the City of La Quinta adopted the first economic development plan that defined the community's desires for future development, and presented a business plan to guide the City's economic development initiatives. The City then embarked on a planned, pro -active economic development effort for the following reasons: Capture Forecasted Growth for the Coachella Valley A variety of market studies forecast continued growth for the Coachella Valley during the next decade. This is demonstrated by the new major retailers that have located in the City's Highway 111 corridor during the past year. Due to its prime location and the expanding population of the Eastem Central Coachella Valley the City is positioned to capture a sizable portion of the projected commercial, resort, and residential development through the business expansion and recruitment efforts delineated in this Economic Development Plan. Balance Municipal Revenue and Expenditure Needs The City's primary revenue resources are transient occupancy and sales taxes. During fiscal year 2004-05 these revenues comprised 35% of the Citys total General Fund revenue; sales tax revenue income generated approximately 20% of total General Fund revenue and transient occupancy tax revenue will generate approximately 15% of total General Fund revenue. Secondary resources are license/permit fees and property tax revenue. A majority of the City's property tax revenue, however, is allocated to the Redevelopment Agency. Approximately 80% of the land area within the City's corporate boundaries is in one of two redevelopment project areas. Combined, these resources maintain existing, and provide new, services to La Quinta's residential and business communities. Resort and commercial development generates a majority of the municipal revenues received by the City. The City and Redevelopment Agency must continue to enlarge the City's revenue base in order to enhance and expand the quality of municipal services La Quinta residents expect. Enlarging the City's revenue base is particularly important given that the State continues to reallocate local revenue to fund State obligations in order to address its budget deficits. 4 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 7 April 19, 2005 ECONOMIC DEVELOPMENT PLAN INTRODUCTION PAGE 3 Judiciously Allocate Municipal Resources Like any business, the City continually balances the allocation of financial resources between service costs and infrastructure investment. To prudently accomplish this task, the City annually implements a comprehensive strategic planning effort that meshes this Economic Development Plan with a Five Year Municipal Service Resource Allocation Plan, a Five Year Capital Improvement Program, Annual City/Agency Financial Management Strategies, and Annual City/Agency Operating Budgets. Since 1994, the City has achieved many short - and long-term financial goals identified through the strategic planning effort. This Economic Development Plan identifies economic development investment strategies and initiatives that are subsequently funded through the annual City/Redevelopment Agency Capital and Operations budgets. Participants in Formulating and Implementing this Plan This Economic Development Plan delineates initiatives that implement the community's vision of its desired destiny. It outlines policies, activities, and resources the City will pledge to guide and/or influence future development decisions. Thus, the primary participants in formulating and implementing this Plan are the residential and business communities that define La Quinta. When first developed, the City sponsored a series of community forums to solicit community input. The City continues to consult with these communities during the Plan's implementation phases. The City Council governs the formulation and implementation of this Plan. Council Members bring forth constituent ideas and needs, and assist with defining the issues, mission, strategy, and overall policies that guide implementation efforts. Finally, City staff plays a strategic role in this endeavor. Staff is charged with the responsibility to monitor market conditions, solicit community input, interface with existing and new users, implement programs and initiatives, and monitor achieved results. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 8 April 19, 2005 ECONOMIC DEVELOPMENT PLAN Section 9 2005,W Economic Dmelop— Plan Strategies and Tasks to Stimulate Private Investment in La Quinta This section presents the background data that was used in developing the Business Plan presented in Section 3; it includes a summary of key assets, presents an overview of projected market demand, delineates projected City/Agency resources, and outlines infrastructure needs. Community Profile The City of La Quinta is located in the Eastern Central Coachella Valley; Indian Wells borders the City to the west, Indio to the east, and unincorporated communities to the north and south. Located approximately 2 miles south of Interstate 10, primary access is via State Highway 111 and Washington Street. Per the Wheeler Desert Letter, the City's 2004 population was 32,522 with a median household income of $61,480. Only Indian Wells and Rancho Mirage had higher median household incomes. In the context of the Coachella Valley, La Quinta also enjoys an emerging population of new families with an average household size of 2.85 persons; 64% of La Quinta's population is under 44 years of age (the median age is 36.4), and persons over the age of 65, historically the most recognized age group in the Valley, comprise only 13.4% of La Quinta's population. Claritas Incorporated, a demographic research firm, estimates that 132,944 persons live within a five mile radius of La Quinta, 220,389 live within a 10 mile radius, and 294,014 live within a 15 mile radius. Within the same geographical areas, the estimated average household income was $72,646, $71,306, and $68,171, respectively. During 2003, total retail sales within the City of La Quinta were $377 million. The City's assessed valuation for 2004 was $6.27 billion. Key Assets Review of the City's physical characteristics and discussions with the residential and business communities identify the following key community assets: ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 9 April 19, 2005 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 5 • an educated, dedicated, and highly motivated residential and business community that share a long history of working in concert to provide a stable environment that supports economic development efforts; • an international reputation for resort and golf amenities resulting from the La Quinta Resort & Club, PGA West, Rancho La Quinta, The Tradition, The Quarry, La Quinta Country Club and SilverRock Resort; • the City hosts renowned golf tournaments such as the Bob Hope Chrysler Classic and The Skins Game, which have helped earn it the title of "America's Ultimate Golfing Destination" by the acclaimed Robb Report; • the Highway 111 commercial corridor that features prime, vacant property of sufficient size to accommodate development that will serve the Eastern Coachella Valley and will generate significant financial returns for both the City and Agency; • a market area with the highest per capita income in the Coachella Valley; • the Village of La Quinta, a low density commercial center nestled in the Santa Rosa Mountains, that offers a setting that is unparalleled in the Coachella Valley; • La Quinta's commerce, art and cultural heritage as represented by the La Quinta Chamber of Commerce, La Quinta Arts Foundation and La Quinta Historical Society, that supports art and cultural activities attracting patrons from California and the greater southwest; • the 525 acre Agency -owned SilverRock Resort golf and resort property that is being developed with a Palmer Design tournament golf course, an ultra luxury resort hotel, boutique hotel, casitas/residence club units, a 25,000 square foot permanent clubhouse, a future second golf course, and related retail, recreation and community uses; • the Lake Cahuilla Recreation Area which provides water sport and other outdoor recreation opportunities; • continued strong residential development and sales activity that generate a significant number of households that support retail, recreation, and service commercial users; • a highly motivated City workforce that understands the needs of the business community and the need to process required City approvals within a short time frame; and • resources that the City/Agency can dedicate to economic development investment; and r ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 10 April 19, 2005 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 6 availability of professional office space. Liabilities Though the assets far outweigh the liabilities, there are limitations that the City must account for when implementing its economic development initiatives; these include the following: • increasing competition between Coachella Valley communities to provide financial incentives to major developers and users, which significantly influence their location decisions; • increasing competition for golf and resort users with other Coachella Valley cities planning to improve their public golf amenities and working to attract resort and hotel uses; and • changing retailing trends that may decrease the need for traditional retail centers. Projected Market Demand One of the implementation activities scheduled for 2005-06 is to commission a focused market study to update the following data. Until that study is completed, the following narrative presents the significant findings, quoted directly from the March 2003 market study prepared by Design Workshop. Community Profile The City of La Quinta is located in Southern California and is an integral part of the Greater Coachella Valley market area, which also includes the cities of Cathedral City, Indio, Palm Desert, Coachella, Desert Hot Springs, Rancho Mirage, Palm Springs and Indian Wells. La Quinta's location in the east - central Valley places it in the center of the highest -growth area of the Valley, and the City's borders with parts of unincorporated Riverside County offer room for physical expansion. Since the late 1920's, the La Quinta 12.aserf. andd Glub Hotel has inspired wealthy and often famous individuals to escape, relax, play golf and partake in the serenity of the place. Today, the desert resort city which bears the historic resort's name is still a special place to visit; but it also has emerged as one of the finest cities in the Coachella Valley to shop, conduct business and call home for all or part of the year. Year -Round Population During the past 30 to 40 years, population growth in the Greater Coachella Valley has moved southeast from Palm Springs along the. Highway 111 � IR �-v ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 11 April 19, 2005 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 7 corridor toward La Quinta. Today, many of the communities to the west of La Quinta are built -out and do not have the ability to expand beyond their current borders. The Coachella Valley is forecasted to grow in the next several years, and the east -central valley is one of most desirable areas for new residents to settle. When the City of La Quinta was incorporated in 1982, the permanent population was only 5,260 residents. In 20 years, the population expanded to 28,715 people (5.5 times). Since the mid-1990's, the City of La Quinta has been one of the fastest growing cities in California with annual growth rates nearing eight percent, and future population growth in La Quinta is expected to outpace growth in the United States, the State of California, Riverside County and the Coachella Valley. By 2010, the permanent population of La Quinta could reach 40,000 people, or nearly 10 percent of all Coachella Valley residents. Between 2003 and 2010, the City of La Quinta may gain over .1,400 new permanent residents annually through annexation, migration and net natural increase. Seasonal Population Similar to other warm weather resort communities of North America, the populations of La Quinta and the Coachella Valley surge during the winter and spring months as seasonal residents head south. During the 2002 season, La Quinta's population grew by almost 12,000 people, or 42 percent of the year-round population. For the next five years, the size of La Quinta's seasonal population is expected to remain 40 to 45 percent of the year-round population. Other Coachella Valley communities, such as Palm Springs, Rancho Mirage and Indian Wells, see their populations grow by more than 60 percent during the months between January and April. Social/Economic Overview The median age of La Quinta's permanent residents was 36.4 years old in 2002, which is younger than the Coachella Valley average of 37.6 years. Approximately 40 percent of La Quinta residents over age 18 are employed and the median household income of $58,200 in 2002 was the third highest in the Coachella Valley, after Indian Wells and Rancho Mirage. A majority of the permanent La Quinta residents are employed in service industries led by resort and resident services, finance, insurance, real estate and retail trade. Employment seasonality is a concern for many residents of La Quinta and other parts of the Coachella Valley. The largest employers in La Quinta, which include KSL Recreation and "big box" retailers, reduce their workforces by approximately 30 percent during the summer months. Attracting companies that employ the area's diverse population on a year- round basis is a priority of the City and the Coachella Valley Economic Partnership. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 12 April 19, 2005 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 8 La Quintals Opportunities La Quinta is a community that is balanced between success as a residential community for permanent residents and Coachella Valley's workforce and as a successful destination resort community for short-term visitors and second homeowners. In the future, the City of La Quinta has the opportunity to either strengthen its position in the Coachella Valley as a residential/worker community or as a resort community, or maintain its current position and face the challenges associated with meeting the often divergent interests of both the residential/worker and resort communities. Its position in the Valley will be determined, in large part, by the collective vision established for the city and the decisions made regarding real estate uses throughout the city. La Quinta's many strengths make the community appealing to year-round residents, second homeowners, transient visitors and business people. The key assets of the La Quinta market include: History — The historic La Quinta Resort and Club is an extraordinary place that attracts thousands of visitors and generates significant consumer spending in the community. The city's history is closely tied to this classic California desert resort and its long-time ties to the international elite. Location — La Quinta's location in the east -central Coachella Valley puts it in the middle of the highest growth area of the Valley. Plus, the city's close proximity to the mountains provides numerous benefits, including outstanding views, and protection from strong winds and blowing sand. • Developable land — Prime parcels of real estate for a variety of uses exist along the Highway 111 corridor, in central La Quinta and the Village District, and to the southeast near unincorporated parts of Riverside County. Much of the land to the south could be annexed to accommodate future development. Population growth — Strategically planned growth provides opportunities for public and private revenue generation and a sustainable future. Workforce diversity — The diversity of the workforce in La Quinta and surrounding community enables businesses of all types to locate in La Quinta and staff operations with individuals who are appropriately skilled for the specific job. Local leadership — The municipal government, Chamber of Commerce and community leaders are willing and able to make decisions, get things done and support managed growth. • Economic opportunities — La Quinta is located near a federal Empowerment Zone and a state Enterprise Zone, both of which have tax benefits for area businesses. In addition, electric service in La QWnt is ", ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 13 April 19, 2005 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 9 supplied by Imperial Irrigation District, which provides reliable service for rates that are lower than those charged by Southern California Edison, which services the rest of the valley communities to the west of La Quinta. Development Potential Retail Real Estate The real estate development principle of "retail follows rooftops" definitely applies in La Quinta. In 1982, there was very limited retail activity in the city, but by 2001, there was almost 1.5 million square feet of commercial space generating $334 million in taxable sales. However, there is still opportunity for more retail expansion in La Quinta, as total retail sales are projected to reach $405 million per year by 2005 and $620 million per year by 2010. This sales growth will require an additional 192,000 to 233,000 square feet of retail/commercial real estate per year between now and 2010, which can be broken down as follows: • Regional retail—115,000 to 140,000 square feet GFA per year. • Community retail — 58,000 to 70,000 square feet GFA per year. • Neighborhood retail—19,000 to 23,000 square feet GFA per year. Some of the future demand for retail real estate will be satisfied in commercial/retail villages that are being developed in La Quinta's historic downtown area, at The SilverRock Resort and elsewhere in central La Quinta. There are many types of destinations in the Coachella Valley, but village - centered, pedestrian -oriented retail in La Quinta will satisfy a niche that currently is underserved. La Quinta is a great place for retailers to locate new stores. The seasonality of retail sales in La Quinta ranges from 21.1 percent in the third quarter (summer) to 25.6 percent in the first quarter (winter), which is only slightly different from the range in Riverside County as a whole. Plus, La Quinta has many of the characteristics that retail tenants look for when selecting sites for new stores. This city offers: • High traffic counts along the main commercial/retail corridor (over 30,000 cars per day along Highway 1111); • Positive social/economic profiles and forecasts; • Ample space to suit a variety of retail requirements; 1 Source: City of La Quinta, Community Development Department. (As reported in the October 2002 Design Workshop Market Study) ' ' , ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 14 April 19, 2005 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 10 • Sizeable permanent population (over 45,000 within three miles of Highway 111 in Central La Quinta and nearly 100,000 within five miles) and large seasonal increase; and • Mid to high level household incomes within five miles of the commercial core areas, 12,000 to 15,000 seasonal residents and 48,000 to 58,000 unique overnight hotel guests that spend over $250 per day in the city. Lodging/Hotel Real Estate At present, almost every overnight visitor in La Quinta stays at the La Quinta Resort and Club because it is a quality experience and there are few other options in the city. However, two or three hotel projects are in various stages of planning and development in the city. La Quinta has the highest average gross hotel sales rate in the Coachella Valley at $49,300 per room, annual average occupancy rates in the Coachella Valley exceed 60 percent and recent valley -wide revenue per available room (revPAR) of $74.41 exceeded the state-wide average of $68.86 by eight percent. Demand for new hotel properties in La Quinta will be determined by the timing of other hotel openings in the city and the Greater Coachella Valley. There currently are three hotel projects (approximately 450 rooms) in La Quinta in various stages of planning and at least 12 projects with over 2,500 rooms in the planning stages throughout the rest of the Coachella Valley. Design Workshop believes that before 2004, no new major resort hotel projects with greater than 400 rooms will break ground in the Coachella Valley. However, opportunities will exist in La Quinta at The SilverRock Resort project before 2006 for a luxurious, intimate boutique hotel with 50 to 100 rooms. This type of product could fill a niche that currently is underserved in the Coachella Valley. Demand for an upscale, highly amenitized resort hotel with approximately 250 rooms likely will not exist for another two to four years after the boutique hotel opens. The timing of this hotel will depend on what happens to visitor numbers and proposed projects throughout the valley. If one or more of the planned or approved hotel projects in La Quinta do not materialize, the likelihood of the market supporting hotels at The SilverRock Resort increases. Office/Light Industrial Real Estate The City of La Quinta Community Development Department estimated that there was nearly 540,000 square feet of built office space and 282,000 square feet of built warehousing and storage space in the city in 2001. Design Workshop predicts that another 470,000 to 630,000 square feet of commercial office, commercial park and light industrial space will be demanded in La Quinta between now and the end of 2010. Space for these three real estate uses will occupy up to 40 acres of land. r -n ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 15 April 19, 2005 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 11 Both resort community growth and residential/worker community growth need the support of workers who occupy office and light industrial real estate; and future demand for commercial office, commercial park and light industrial space exists in La Quinta. The City can capitalize on its location in the middle of one of the highest growth areas in the Coachella Valley and become a central location in which businesses can locate to serve local and neighboring communities and take advantage of nearby Empowerment and Enterprise zones. Live/Work Housing Real Estate The live/work housing concept is gaining greater' acceptance throughout California and across the country as city planners attempt to solve problems such as excess vacant land zoned as commercial or industrial, urban infill, urban sprawl, affordable housing, pollution and traffic congestion. Advocates of live/work housing suggest that it allows individuals to better manage the balance between work and home life and can create productive and healthy communities. There are a number of case studies of successful live/work housing projects, including ones in Santa Fe, New Mexico; San Francisco; Santa Rosa Beach, Florida; and Vancouver, British Columbia. At present, there are no live/work housing units in La Quinta. Artists, service workers and professionals may demand live/work housing by 2010 in the La Quinta Village District. Live/work housing could be an effective buffer between the Village District and residential neighborhoods that surround the district, especially as village -centered developments such as Old Town La Quinta and Santa Rosa Plaza are built and expanded. SilverRock Resort In 2002, the City of La Quinta acquired the SilverRock Resort site from KSL Recreation, which consists of 525 acres on the southwest corner of Jefferson Street and 52"d Avenue. The primary objectives were to provide public recreation — primarily golf — for residents and visitors and to create ongoing revenue streams, by way of sales taxes and transient occupancy taxes (TOT), for the city. To these ends, there are opportunities to add world -class golf, overnight visitor accommodations and destination retail that complement other retail developments in the city. The Resort's core area should be the development's activity center and home to a welcome/information center, hotels, retail, community space and parking. Its design should be pedestrian -friendly, oriented with views of the mountains and favorable solar exposure and have cohesive architecture. Contractual obligations and market limitations will dictate much of the development program in the first six to seven years, so market analysis, development strategy and phasing will be important throughout the project. �, 3 lam•} v ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 16 April 19, 2005 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 12 As stated earlier, Design Workshop expects that SilverRock Resort likely will support and benefit from having up to two hotels in the Resort core — one a highly amenitized resort hotel and the other an intimate boutique hotel. Given the uniqueness of the concept in the Coachella Valley and its limited scale, the market will support the boutique hotel sooner than the larger conference hotel, perhaps within the next two to four years. Retail/commercial spaces can be located in free-standing buildings throughout the resort/retail core, should contain at least one destination anchor tenant (food or goods) and can be integrated into the hotels and golf clubhouse. The goal of retail/commercial development at SilverRock Resort is to complement the retail experience in La Quinta and not to compete with other destination retail such as the La Quinta Resort and Old Town La Quinta. In addition to strategically selecting tenants that are not located elsewhere in the city, there is an opportunity for retail at SilverRock Resort to be themed or focused. Old Town La Quinta will have a Mexican Village/Classic California theme, and possible ideas for SilverRock Resort include a sports theme, a Hollywood theme or an international theme. With the SilverRock Resort project, the city has an opportunity to significantly enhance public recreation in the city, preserve much of the natural beauty of the community and benefit business owners throughout the city by elevating the entire community to a new level of quality and desirability. All the pieces can be combined to make La Quinta THE destination for east -central Coachella Valley residents and visitors, benefiting everyone who is committed to the common goal. Note: The aforementioned summary was derived from the March 2003 market study prepared by Design Workshop. Please review the entire market study for their complete market analysis. Projected City/Redevelopment icy Financial Resources for Economic Development As part of its ongoing resource management effort, the City annually evaluates City/Redevelopment Agency financial resources and identifies those resources that can be pledged to economic development initiatives. During the 2005-06 fiscal year, the City anticipates having $1.41 million to invest in non -infrastructure economic development initiatives. These funds are basically one-time resources that will most likely not be renewed when expended. City/Agency Real Estate Assets Since 1983, the City and Redevelopment Agency have accumulated real estate assets as a result of major infrastructure projects or as part of the Agency's affordable housing efforts. Exhibit A, in the Appendix of this Plan, presents a -,rap, ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 17 April 19, 2005 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 13 of the real estate assets owned by the City or Redevelopment Agency. City/Redevelopment Agency real estate assets currently available for economic development include SilverRock Resort, owned by the Redevelopment Agency, and the City's holdings located at the top of the Cove. Infrastructure NewlWCity Capital I qx erner>}t Program As part of the annual strategic planning effort the City conducts a comprehensive review of the community's infrastructure needs. The City is working to address the community s infrastructure needs through the Five -Year Capital Improvement Program. This program identifies both current year and projected five-year capital improvement needs and resources, and delineates an annual funding schedule for specific infrastructure projects. This Economic Development Plan is integrated with the Capital Improvement Program to ensure that the infrastructure impediments to specific economic development projects are addressed, or where possible, economic development project implementation activities mitigate site - specific capital improvement needs. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 18 April 19, 2005 ECONOMIC DEVELOPMENT PLAN Section 3- 200546 Economic DevelmlAffPlan Strategies and Tasks to Stimulate Private Investment in La Quinta In order to proceed with implementation activities, a business plan is required that presents a mission statement describing the intended outcome the community wishes to achieve, and the overall policies that will guide implementation activities. Finally, specific target areas and implementation efforts are detailed. Mission Statement The mission statement the community formulated for this economic development effort is as follows: The mission of the Economic Development effort is to actively support the development and expansion of existing businesses, and to proactively recruit quality revenue - generating uses that diversify and expand the City's economic base, offer a variety of products and services, increase employment opportunities, enhance City/Agency fiscal resources, preserve and enhance La Quinta's unique environment, and contribute to the quality of life for La Quinta residents. Implementation Policies The following policies guide the City's Economic Development implementation efforts. They address resource and staffing commitments, annexation strategies, use of City assets, and refinement of City processes. These policies guide City staff as they pursue implementation initiatives. Active Participation in Economic Development The City will actively implement economic development initiatives by committing resources to market development opportunities through direct contact with property owners, commercial and industrial enterprises, resort and lodging operators, and developers. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 9 April 19, 2005 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 15 Financial Resources Commitment The City and Redevelopment Agency will annually dedicate funds to support economic development and infrastructure improvement activities. Strike Team A City staff strike team will be maintained comprised of the City Manager's Office and Community Development Department. The Team will be responsible for: (1) working with local businesses to assist, where feasible, with their expansion needs, (2) actively recruiting developers/users to locate in La Quinta, (3) coordinating both the City and Redevelopment Agency economic development efforts, and (4) working with City staff to continually upgrade the City's community development, engineering and building inspection services. Business Retention/Expansion The Strike Team will work with the La Quinta Chamber of Commerce to identify and facilitate business development and expansion opportunities involving existing La Quinta businesses. Economic Base Diversification Emphasis will be placed on pursuing opportunities that will dynamically enhance and diversify La Quinta's economic base to include a balance of retail, recreation, and resort uses. City/Agency Private Project Investment City/Redevelopment Agency financial investment will be primarily limited to underwriting infrastructure costs, municipal fee costs, obtaining operating and use covenants, and rehabilitating/refurbishing older commercial structures and centers for projects that enhance overall City development and growth, when considered appropriate. Further, assisted projects must feature enhanced design and landscaping amenities. In formulating project specific investment parameters, the City will incorporate enhanced building and site maintenance requirements to insure that these amenities are maintained for the life of the development. City/Agency Return on Investment For commercial or resort development projects that require City/Redevelopment Agency investment to insure their economic viability, the City/Redevelopment Agency must, by the third year of operation, achieve a 15% to 18% return in the form of City/Redevelopment Agency non -development fee revenue generated (after City service costs are accounted for) on the total dollar amount of City/Redevelopment Agency investment. Further, the City/Redevelopment _ ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 20 April 19, 2005 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 16 Agency investment should be fully . repaid within a 10-year period, with every attempt to achieve repayment within a 5- to 8-year period. Private Project Investment - Financial Need For commercial, industrial, or resort development projects that request City/Redevelopment Agency financial investment, the City/Redevelopment Agency shall find that off -site infrastructure improvement costs, municipal fee costs, and/or property and building refurbishment and rehabilitation costs are so excessive that the project warrants public investment to underwrite some of these costs in order to generate sufficient returns to attract private investment. Further, if City/Redevelopment Agency financial investment is targeted towards obtaining operating and use covenants, the City/Redevelopment Agency shall find that the desired user achieves the City/Agency Return on Investment parameters described above and generates additional employment, retail and/or recreation opportunities for La Quinta residents. Reuse of see Vacant Commercial Facilities The City/Redevelopment Agency will pro actively work to ensure the reuse of commercial facilities that remain vacant for 6 months or more. These activities will include working with property owners and tenants to identify reuse opportunities, identify site and building improvement needs, and facilitate user/developer recruitment efforts. Highway I I I Corridor Anchor Tenants In order to enhance commercial opportunities the City/Redevelopment Agency will work to secure a major retail anchor for the east end of this corridor. In doing so this corridor will have major demand generating anchors located in corridor's west, middle and eastern sectors. The City/Redevelopment Agency will then be in a position to reduce, if not cease, its involvement in facilitating vacant land development and instead focus exclusively on facilitating the reuse of obsolete commercial facilities. Environmental Compatibility In order to maintain, protect and enhance La Quinta's unique physical environment, all new development projects will be reviewed with added emphasis on their compatibility with their environmental setting to insure preservation of La Quinta's unique natural desert and mountain landscape. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 2 April 19, 2005 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 17 Regional Transportation Opportunities The City will pursue joint efforts with regional agencies that facilitate the expansion. of rail and air transportation services, including the oFt Jacqueline Cochran Regional Airport, to support the transportation needs of La Quinta's resort, commercial, and other uses. Annexation Opportunities The City d W- may pursue annexation opportunities as requested that are economically sustainable, enhance its economic future and protect environmentally sensitive areas that are crucial to the La Quinta experience. These will include properties that enhance resort and golf course development opportunities, accommodate commercial, industrial, and transportation uses, protect environmentally sensitive areas and scenic vistas, and enhance equestrian opportunities. The City will also review potential impacts on current residents, and look at ways to mitigate impacts if they exist. Municipal Properties The City will pursue the timely sale and/or development of all City/Agency owned surplus property with uses that maintain, protect and enhance the environment while achieving a return on the initial City/Agency investment. Recreation Opportunities The City will develop a second municipal golf course or other recreational uses that are compatible with surrounding neighborhoods. Further, efforts will be made to develop a comprehensive trail system that links the recreation amenities at Lake Cahuilla and in the Santa Rosa Mountains with the City's residential and resort communities. The City will continue its participation in regional planning efforts to complete a trail system between La Quinta and Palm Desert, inform citizens and residents of the project's progress, and publicize this recreation opportunity once the trail is complete. Streetscape Improvements Future major arterial streetscape and median improvements will be designed to impart a sense of place and a feeling unique only to La Quinta so that residents, visitors and other travelers will experience a sense of arriving at a special destination when traveling to or through La Quinta. Highway I I I Corridor Land Use Diversification The City will encourage the development of commercial, service commercial, office, lodging and light industrial uses within the Highway 111 corridor to diversify the community's economic base. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 22 April 19, 2005 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 18 Staff Development City staff will continually work to refine and improve their skills as they relate to fulfilling the mission of the economic development plan and program while reinforcing the perspective that the City's economic survival depends on City staffs ability to serve the public in a courteous, efficient and knowledgeable manner. Prepare New and Update Existing Information Documents On an ongoing basis, City staff will prepare new, and update existing, promotional and community information documents for circulation to potential users and developers. Fiscal Year 2004 -05 Accomplishments The Business Plan presented in the 2004-05 Economic Development Plan identified specific target areas and activities to accomplish during the fiscal year. The following summarizes the accomplishments by target area, as of March 2005. Highway II I Corridor MilesMashington Property. The Agency implemented the Disposition and Development Agreement (DDA) and transferred property to CP Development for development of a Homewood Suites by Hilton hotel, a boutique hotel, restaurant, and related hospitality uses on this property. The DDA also facilitates development of a medical office center that will be designed to generate additional demand for the hotel and boutique hotel rooms. The DDA also funds the development of market and affordable single-family dwellings to buffer the hospitality and medical uses from the adjoining single-family residential neighborhoods. Marketing Highway 111 Properties. City staff continued to work with Highway 111 property owners to jointly pursue marketing opportunities. This included promoting development opportunities at the International Council of Shopping Centers' Palm Springs Conference, working with property owners to address impediments to development, and facilitating development proposal entitlement needs. One Eleven La Quinta Centre. Completed activities to implement the reuse agreement with Wal-Mart that facilitated the reuse of their retail building with a new retail user, which led to the opening of a Kohl's Department Store. Anchor Tenant Recruitment. Continued activities to secure major anchor tenants for the eastern segment of the Highway 111 corridor; this effort resulted in Sam's Club locating at the Centre at La Quinta. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 23 April 19, 2005 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 19 Washington Park. The City approved and processed development proposals for an Office Depot, Trader Joe's, and other retailers. Centre at La Quinta. The City approved and processed development proposals for Sam's Club, Marshall's, a Goodyear Tire Center and various specialty shops. Point Happy. The City approved and processed development proposals for phase 2 of Point Happy, which includes office, restaurant, and retail uses. La Quinta Corporate Center. The City approved and processed development proposals for Radio Active, Patios Plus, and other retail and office uses. The Village Parking Facilities. Completed design of public parking facilities located on the northwest comer of Avenida Bermudas and Avenida Montezuma; the project will begin construction this spring. Annexation Feasibility Annexation. Continued to work with interested property owners on evaluating the costs and benefits of annexations. Resort/Hospitality Opportunities Housing SilverRock Resort. Completed construction and initiated operations of the Phase 1 tournament golf course (the Arnold Palmer Classic Course at SilverRock). Also completed construction of: a temporary clubhouse (remodel of the existing ranch house), on -and off -site infrastructure, and adjoining street and parkway improvements. Initiated discussions with a hotel/hospitality developer, which wiJ4 I led to an Exclusive Negotiation Agreement and will potentially lead to a future disposition and development agreement. La Quinta Housing Program. The Redevelopment Agency continued to implement the La Quinta Housing Program that funds second trust deed mortgages, residential rehabilitation loans, and the purchase of dilapidated dwellings. A total of 25 second trust deed loans were funded, allocated to low and moderate -income households. La Quinta Rental Housing Program. Sold 5 homes to either existing occupants or residents from the Vista Dunes Mobile Home Park, who could qualify for a first trust deed mortgage and who saved funds for a down payment and closing costs. Four of the five home sales were to very low income households. i ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 24 April 19, 2005 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 20 Avenue 48/Adams Street Development. Site construction activities commenced with home sales slated for the fall 2005. The Affordable Housing Agreement will facilitate development of 149 single-family homes affordable to moderate -income households aged 55 years and older. Vista Dunes Mobile Home Park. The Agency acquired this older mobile home park in May 2004 to facilitate its redevelopment with single-family dwellings affordable to very low income residents. To date relocation settlements have been achieved with 87 of the 92 residents; 68 74 residents have relocated from the Park, with the remaining 49 13 awaiting escrows to close on their new single family or mobile home units. Site and dwelling planning has commenced for the development of 80 single-family and duplex dwellings that will be rented to family households. The rents will remain affordable to very -low income family households for 55 years. Site improvements and home construction activities should commence in the fall of 2005. Avenue 48/Dunes Palms Road (Hammer) Property. The Agency purchased this 27.75 acre property in July 2004. Subsequently the Agency has prepared a preliminary site plan and Request for Qualifications (RFQ) that will be circulated to developers in March 2005 to design and construct multi -family dwelling and park uses on 15.82 acres located northwest of the Dune Palms Road and Avenue 48 intersection. Marketing Infomercial. Revamped the economic development infomercial to include special effects, updated footage, new interviews and features on the La Quinta lifestyle and the SilverRock golf course. The infomercial was aired in various markets throughout the State. Print Advertising. Advertised in the following program guides/publications: International Council of Shopping Centers; Bob Hope Chrysler Classic; and Palm Springs Life. Public Relations. Prepared and issued press releases on the fire truck donation, mosquito abatement efforts, and grand opening of the new skate park. Coordinated a feature article for Desert Magazine. Business Expositions. Participated in the International Council of Shopping Centers's Western Division Conference and BizNet 2005 (Chambers of La Quinta, Indio, and Coachella). Annual Newsletter. Produced a third annual City newsletter for distribution to La Quinta residents. r) ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 25 April 19, 2005 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 21 City Calendar. Created a second City calendar for distribution to La Quinta residents. Marketing Recruitment Program. Launched business program involving workshop for realtors/brokers/developers, resident survey, and collateral material for targeted businesses with goal of recruiting desired tenants into existing commercial centers and those underway. Community Services. Maximized exposure for events such as the City Picnic and other community -oriented events. SilverRock Resort marketing additional accomplishments include: SilverRock Website. Established the SilverRock Resort website (www.SilverRock.o[g) that presents detailed information about the project and the golf course. Took various beauty shots of golf course for website, advertising, and other promotional efforts. Public Relations. Released press releases that updated both the local and golf communities regarding progress pertaining to course construction, operations, resident card and grand opening activities. In addition, assembled and distributed comprehensive media kits, editorials and articles: Pre -opening Advertising. Created and launched a pre -opening ad campaign that featured golf course photography, hole renderings, and Arnold Palmer characteristics. Ads were placed in numerous golf publications (e.g., Golf News, Desert Golf) and newspapers. Hotel Solicitation/Business Systems. Designed unique SilverRock letterhead and business cards, and produced booklets/maps for hotel developer/operator solicitation Resident Card and Brochure. Designed La Quinta resident card and corresponding informational brochure. Event Planning. Coordinated a site visit by Mr. Palmer in August 2004 and the Classic Course grand opening on March 1, 2005 which resulted in attendance of an estimated 1,000. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 26 April 19, 2005 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 22 2005436 Implementation Activities and Target Areas The City has accomplished many economic development initiatives that attracted anchor retailers to the Highway 111 corridor, completed and opened the first golf course at SilverRock Resort, and initiated negotiations with a resort developer/operator regarding the SilverRock Resort properties. During 2005-06, the City is looking to continue with existing retail user and resort development efforts while initiating planning efforts that will better position the City's three commercial districts to accommodate the next cycle of development opportunities. A prime focus will be to facilitate the development of hospitality uses at SilverRock Resort, and to continue marketing the Arnold Palmer Classic Course to both local and visiting golfers. Another focus will be to further establish the Village as a community center by facilitating infill development, which could include live/work housing. Of final note, the City will work to identify the area of specialization of the City's three commercial districts to insure that its economic development efforts benefit each district. The first task will entail commissioning a focused market study to better identify the the patrons that the Village, SilverRock Resort and the Highway 111 corridor serve. Using this information, the City will then craft targeted initiatives for each of these districts aimed at facilitating the development of commercial, resort, cultural and other uses. Highway II I Corridor Activities to Accomplish in *Continue to market Highway 111 corridor 2005-06: development opportunities to retail, hospitality and family restaurant/entertainment developers and operators in conjunction with property owners. • Monitor the implementation of the Disposition and Development Agreement to ensure timely completion of hotel, restaurant, medical office and residential development on the MilesNVashington property. • Secure. an anchor user for the eastern section of this corridor. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 27 April 19, 2005 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 23 The V-1I1age Activities to Accomplish in Complete improvements to the public 2005-06: parking lot located at the northwest comer of Avenida Bermudas and Avenida Montezuma. • Conduct a review of parking and site development standards to determine if they limit commercial development activity. This effort will include a parking capacity analysis. • Identify and facilitate livetwork loft housing opportunities. • Continue to explore commercial retail development opportunities. Annexation Feasibility Activities to Accomplish in *Continue to discuss potential annexation 2005-06: opportunities and review the potential impacts on current services and financial resources. • Evaluate the use of non -property tax based revenue vehicles in order to accommodate annexation requests. Resort/Hospitality Opportunities Activities to Accomplish in • Enter into a Disposition and Development 2005-06: Agreement with a hotel/hospitality developer for SilverRock Resort. • Initiate design and development activities for the permanent clubhouse at SilverRock Resort. • Begin conceptual planning for the retail component of SilverRock Resort. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 28 April 19, 2005 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 24 • Market any additional boutique and resort hotel site opportunities. • Solicit proposals from landowners and developers to jointly develop additional resort and hospitality uses throughout the City. Housing Activities to Accomplish in • Initiate and conclude site improvement and 2005-06: home construction activities at Vista Dunes. . Purchase and reserve additional property for future affordable housing development. • Explore the feasibility of rehabilitating or redeveloping the remaining mobile home parks within the community. • Identify rehabilitation and/or redevelopment opportunities involving existing residential units. • Conclude a disposition and development agreement for the sale and development of the Dune Palms Road/Avenue 48 multi- family development. • Sell additional units in the La Quinta Housing Program to very low-income households. Marketing Activities to Accomplish in General City Marketing 2005-06: • Promote a "Shop, Dine, Play, and Stay" campaign in La Quinta via television • Continue advertising in local event program guides such as ICSC and the Bob Hope Chrysler Classic • Target key and desired businesses via a ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 29 April 19, 2005 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 25 direct mail piece • Continue to participate in trade shows, e.g. ICSC and BizNet • Continue annual sponsorship of the Date Festival • Maintain a contingency account for unique advertising opportunities City Communication • Continue to advertise in Palm Springs Life (October "Cities" issue) • Produce a City monthly calendar • Produce a City Report consistent with Council direction (options outlined in proposed FY 2005-06 Marketing Plan) • Create material to promote Community Services events, such as post cards and posters • Produce quarterly recreational brochure and issue press releases on classes, trips, special events, etc. • Promote events aimed at drawing more people to the Village • Explore creating a basic walking map of the Village Arnold Palmer Classic Course Marketing • Outdoor advertising — one rotator billboard placed as a carry-over item from McMurry contract • Air 30-second TV spots locally and nationally • Print Advertising — advertise in golf publications such as Desert Golf Magazine ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 30 April 19, 2005 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 26 and Palm Springs Life, and The Desert Sun • Develop a sales/media tool kit for tournament solicitation • Research and implement public relations opportunities • Update rack cards and other collateral material • Maintain website "� Sr.'s' 5. :�..«««.. .. �► • .S 1T r r M. • r rr M+�� . cS.A' »�! r r r, r ♦ M r r M r r r • µ # M M r + r M = _ MM r r r r S. r �► ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 31 April 19, 2005 ECONOMIC DEVELOPMENT PLAN Exhibit 2005,W Economic Developinent Plan Strategies and Tasks to Stimulate Private Investment in La Quints Map being updated ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 32 April 19, 2005 ECONOMIC DEVELOPMENT PLAN City Council Minutes ATTACHMENT 2 Mr. Jonasson indicated the distance doesn't meet the City's General Plan but t e traffic is increasing, and he doesn't believe the intersection can be ch nged from a full -turn movement to a restricted intersection. Z Mayor dolph stated he supports putting a traffic signal that location because f the amount of traffic. Council Me er Henderson stated she is pleas with the traffic signal synchronization on Washington Street exc t for the left -turn going northbound on hington Street. Council Member OsbX stated th eft -turn signal going southbound on Dune Palms Road at Hi way 1 needs to be adjusted because of the increased traffic due to Jefkrsqh Street being closed. Mr. Jonasson stated staf will r ay the request to CalTrans. Council Member rkins referenc the need to take a look at the Engineering Dep ment during the bu t process to see if additional staff is needed to accp plish these projects. Cit/Ar Jenson referenced the earlier discussion a ut holidays on the City Caladvised Easter is not on the City's list of holi ys. She doesn't feel t appropriate, therefore, to include it on a Ci -funded calendar. Hofeels it is appropriate to include Christmas because ' sometimes falls witrkweek schedule. 3. DISCUSSION OF THE DRAFT 2005/2006 ECONOMIC DEVELOPMENT PLAN. Assistant City Manager Weiss and Consultant Frank Spevacek presented the staff report. In response to Council Member Henderson, Mr. Spevacek confirmed some input would be solicited from the surrounding environment if a market analysis is authorized. He commented on the need to come up with a more creative way to do the market analysis to find more specialized retail businesses, such as a theater, and to see how it may benefit existing users and how it would be supported. Council Member Henderson requested future redline versions of the document. be printed on white paper with red ink for easier reading. She also 33 City Council Minutes March 15, 2005 suggested the language under "Projected Market Demand" on Page 10 be revised to make it clearer that the information is from the March 2003 market study. In reference to reuse of obsolete commercial facilities, she asked about the status of the theater building. City Attorney Jenson advised a Notice of Nuisance Violation has been sent and a settlement- agreement has been reached with the new owner. The agreement sets specific time periods for tasks to be met with an end date for the certificate of occupancy. If the certificate is not obtained within a certain period of time, the outside landscaping must be completed. She stated a copy of the settlement agreement will be provided to Council upon execution. Council Member Henderson noted Desert Resorts Regional Airport on Page 21 should be changed to Jacqueline Cochran Regional Airport, and the reference about developing a municipal golf course should be revised or deleted. She spoke regarding the Circle K on Calle Tampico, and asked if something can be done about the "K" being larger than the "E" in Embassy Suites. Ms. Jenson advised if the signage is in compliance then it's not a code enforcement issue but it could be within the City's purview to request facade improvements. Council Member Henderson suggested the possibility of taking that on as an economic development effort in the Village. Mr. Genovese stated the ownership hasn't been agreeable in the past to improvements or a change in the signage. Council Member Henderson suggested finding out if they might be willing to discuss the. issue. Council Member Osborne commented on the importance of protecting . and maintaining the City's natural features within the economic development plan, and asked if community forums have been held to discuss the economic development plan. Mr. Spevacek stated the last true community -wide forum, other than study sessions and adoption of the plan each year, was held in 1996. Meetings were also held with a number of property owners when the market studies were done by Design Workshop and The Sedway Group. KU! City Council Minutes March 15, 2005 Council Member Osborne suggested using Kiner's survey to get input from the community regarding economic development. He referenced the first key asset listed on Page 9, and proposed the Council consider a $1 million investment in the Cal State University San Bernardino, Palm Desert Campus to help strengthen the City's educated community and its economic development. He further proposed adding the lack of a four-year university as a liability on Page 10. He also feels the City should use its resources, other than financial, to help the Chamber of Commerce find a new location. Mayor Adolph stated he understands the SilverHawk development has offered a location on their site. Council Member Osborne pointed out the City has numerous professional offices, and requested that be added on Page 23. (See Page 22 for continuance of this item.) Council recessed to an until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT Ch' ti Salamone, representing the La Quinta 'Arts Foundation, stated they workin with staff to resolve an access problem for the shuttle bus the SilverRock -placking area during the Arts .Festival. PRESENTATIONS The Mayor and Council Members esented art a ds to the following students of Adams Elementary School whose artVVQ.,rk h een displayed at City Hall: Jessica Celis Carlos Espinola Iliana Nunez Terran Oakley Valerie Ojeda Miranda OI s Rebec arsons Tan a Pinedo Nic Quevedo Dian amirez nthia Rangel Doane Reyes Alexis Rocha Lee Ann Rodriguez Angelina Rojo Avery Roman Mariah Romero Jessica Ruiz Alexandra Sanchez Jesse Sanchez Gabriel Sanchez Dylan Schmidt ten Smith Jake arango Alejandr Valencia Marisol Va cia Armando Vela uez 35 City Council Minutes March 15, 2005 price of the Hammer property, which was approximately $14 million. She no ed a profit will be received on the commercial part of the property, and the gency will own and use the residential part for affordable ho ing. The comm rcial portion was purchased with General Fund monies s the excess will not o into the housing but rather to the Redevelopment ency. Tom Mulca y questioned the selling price of this proper in comparison to the Sam's Cl property. Ms. Jenson expl ined this property is appraise higher because of the Highway 111 front e. There being no other equests to speak, a Mayor declared the PUBLIC HEARING CLOSED at 8: P.M. RESOLUTION NO. 2005-02 A RESOLUTION OF THE CIT OUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A REEMENT FOR PURCHASE AND SALE AND ESCROW INS TR TION BETWEEN THE LA QUINTA REDEVELOPMENT AGE AN MKO DEVELOPMENT COMPANY LP FOR THE PROPERTY LO ATED AT T INTERSECTION OF HIGHWAY 111 AND DUNE PALMS R D. It was moved by ouncil Member Sniff and econded by Mayor Adolph to adopt Resoluti No. 2005-026 as submit d and subject to changes approved by a Executive Director and Agenc Counsel. Motion carried unanimousl . Council recea`sed to the Redevelopment Agency. Council Aeconvened with Council Member Osborne absent. MO'71ON — It was moved by Council Members Sniff/Henderson to excule Council M mber Osborne. Motion carried unanimously. STUDY SESSION ............ continued 3. DISCUSSION OF THE DRAFT 2005/2006 ECONOMIC DEVELOPMENT PLAN. (This item was continued from Page 17.) '- `� 36 City Council Minutes March 15, 2005 Council Member Sniff stated he agrees the redline version of the document should be revised for easier readability. He questioned another market study being needed because he feels it would be somewhat redundant. Council Member Henderson asked if he would agree to a more -focused market study to analyze the economic value of the arts as noted in the staff report Council Member Sniff stated he would agree to that. He disagrees with the opinion that a four-year university is needed, and he doesn't support making a $1 million contribution. He noted La Quinta Resort and Club should be changed to "La Quinta Hotel" on Page 10. He also referenced a statement on Page .12 under "Local Leadership," and stated he feels municipal government is "head and shoulders" above the Chamber of Commerce, and isn't sure they provide the top level in leadership. He questioned the need to continue including the reference to live/work housing for artists, service workers and professionals in the La Quinta Village District. In response to Council Member Sniff, Mr. Spevacek explained the Resort's core area would be the section of the master plan that is below the resort hotel and above the boutique hotel next to the lake. Council Member Sniff questioned "obsolete" being the correct word to use under Reuse of Obsolete Commercial Facilities on Page 20, and commented on the need for a major advertising program to avoid having vacant facilities. He stated he would like to see Annexation Opportunities emphasized and continued as a significant and major direction to pursue, and concluded by asking how the other Council. Members feel about the suggestion for a $1 million contribution to a four-year university. Council Member Perkins stated he believes the university is a great benefit to the community, and would support the contribution. based on $250,000 a year over a period of four years or $200,000 a year over a five-year period. Council Member Henderson stated she understands the matter will be coming before the Council for consideration, and doesn't believe it belongs in the Economic Development Plan. Council concurred. Mayor Adolph stated he feels a statement made on Page 19 regarding emphasis being placed on pursuing opportunities that will dynamically diversify the City's economic base, is the key element for success. City Council Minutes March 15, 2005 Council Member Sniff suggested it read, "...enhance and diversify La Quinta's economic base...." e Mayor Adolph referenced a statement under "City/Agency Private Project Investment" and questioned the need to continue underwriting infrastructure costs, especially along Highway 1 1 1. Council Member Henderson noted this document provides guidelines to potential business investors as to what they might expect. She feels it's important to include the statement as long as there is some potential for growth to the southeast. Mayor Adolph indicated he was referring primarily to properties along Highway 111. Council Member Sniff suggested adding "when considered appropriate." Council Member Henderson noted some of the references in the document that the Council criticizes each year are actually from the prior market study that staff feels compelled to quote. Mr. Spevacek explained the market study contract does not allow the language to be modified. ;PORTS AND INFORMATIONAL ITEMS C. V. quito & Vector Control District — Council Member erkins stated one case of the est Nile Virus has been reported this year San Bernardino. He confirmed the A 'storm drains are checked for nding water on a regular basis. C. V. Mountains Conversancy — ouncil mber Sniff reported questions surfaced at their last meeting about the -Species Habitat Plan, and there was a significant lack of specificity as ho a various entities are to resolve their concerns. He encouraged st to find out t the process will be and how to deal with it. City Manager Ge vese indicated the Technical Advisory mmittee (TAC) has appointed a s committee to meet with U. S. Fish & Wildlife an CVAG to work out the v ous concerns. He has read the report prepared by the Attorney and Co munity Development Director, and confirmed they will be able to ttend the eetings. It's his understanding that the subcommittee will concentrate ' st common concerns of the jurisdictions. �� 38 COUNCIL/RDA MEETING DATE: April 19, 2005 ITEM TITLE: Consideration of Improvements to the Point Happy and Solitude Art Pieces RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The Art in Public Places account can be used to fund improvements to the art pieces per section 2.65.110 (B) (4) of Chapter 2.65 of the La Quinta Municipal Code (Attachment 1).The amount available in the Art in Public Places account is $144,000. Should the City Council approve improvements to the Point Happy and/or Solitude art pieces, an amount not to exceed $5,000 from the Art in Public Places fund is requested to contract with a Landscape Architect to prepare plans and specifications for the improvements. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Point Happy Art Piece On June 5, 2001, the City entered into an Art Purchase Agreement with Madison Development and Felicia (artist) to provide a bronze statue entitled "Cahuilla Family" set amongst landscaping and a fountain area in the Point Happy development. The total cost of the art piece was $94,950. On October 29, 2002 the City accepted the "Cahuilla Family" art piece located at the Point Happy development as being complete. The site plan for the "Cahuilla Family" art piece is provided as Attachment 2. Upon completion of the art piece the City assumed the maintenance of the art piece. Maintenance includes the routine maintenance of the fountain and landscape area as well as care of the bronze statue. Madison Development requested the City's permission to maintain the "Cahuilla Family" art piece at their expense as a part of the regular maintenance of the Point Happy development. The City Council approved an amendment to the Art Purchase Agreement with Madison Development. The Cultural Arts Commission (Commission) has stated in the past that the location and presentation of the art work at Point Happy does not adequately display the art piece at its best. The Commission has talked about improvements to the art piece for some time. At the December 9, 2004 Cultural Arts Commission meeting, the Commission requested that the landscape architect who worked on the art piece at the Embassy Suites project be asked to provide ideas on how the Point Happy art piece could be improved. Staff contacted Mr. Gil Fraide, who attended the January 13, 2005 Commission meeting. According to the Commission, they felt as though the art piece was not visible enough from the parking lot and wished to see the piece elevated higher than its current elevation. Mr. Fraide did not believe the art piece needed to elevated, but suggested the piece could be made more visible by removing some large landscaping around the piece and adding low growing shrubs. According to Mr. Fraide, approximately $20,000 would be needed to incorporate the Commission's desires of changing the landscaping. Solitude Art Piece On August 6, 2002, the City Council approved the Temporary Art Donation from artist John Kennedy for the piece entitled "Solitude" to be placed at the Senior Center. At the March 4, 2004 Cultural Arts Commission meeting, Mr. Kennedy requested the City consider purchasing the art piece through the City's Art in Public Places program. The Commission recommended the City purchase the art piece for $15,000 and have it remain at the Senior Center location. On April 20, 2004, the City Council approved the purchase of the art piece for placement at the Senior Center. In the staff reported dated April 20, 2004, staff referenced that should the art piece be placed at the Senior Center, improvement to the landscaping around the piece would be necessary. Attachment 3 provides photographs of the art piece in the current location with the existing landscaping. The Commission would like to see additional landscaping and lighting added to the "Solitude" art piece to enhance its presence. According to Mr. Fraide, the cost to improve "Solitude" is estimated at $10,000. Both estimates provided by Mr. Fraide include fees for plans and specifications as well as the material cost and installation. Staff is seeking City Council direction regarding improvements to the Point Happy and Solitude art pieces for proper presentation. Should the City Council so direct, staff will contract with a landscape architect to prepare plans and specifications for improvements to the art piece for an amount not to exceed $5,000. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Authorize improvements for the Point Happy and/or Solitude art pieces and appropriate an amount not to exceed $5,000 from the Art in Public Places fund for landscape architect services; or 2. Do not authorize improvements for the Point Happy and/or Solitude art pieces and/or do not appropriate an amount not to exceed $5,000 from the Art in Public Places fund for landscape architect services ; or 3. Provide staff with alternative direction. Respe fully s bmitted, ON �� I•• In • munity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. LQMC Chapter 2.65.1 10 (B) (4) 2. Point Happy Art Work Site Map 3. Photographs of Solitude Art Piece ATTACHMENT 1 connection with the development of the Project which addresses the goals and aims of this Chapter in a manner equally favorable to or on a basis more favorable to the City than would be achieved by strict compliance with this Chapter. 2.65.110. Art in Public Places Fund. A. Accounting. The Fees imposed pursuant to Section 2.65.090 of this Chapter and any other monies collected in accordance with provisions of this Chapter shall be deposited in a separate account, entitled the "Art in Public Places Fund". The City Manager, or his/her designee shall establish accounting records sufficient to identify and control these funds. The amounts held in the Art in Public Places Fund shall otherwise be accounted for, deposited, invested and expensed as provided by law and the practices and policies of the City. The account containing these funds may be invested along with other moneys of the City and the investment earnings thereon shall be used for and be subject to the same restrictions established in subsection (B). B. Use of Fund. Expenditures of the Fees collected in the Art in Public Places Fund may include the following: 1. The cost of Art Work and its installation. 2. The cost of purchase or lease of Art Sites. 3. Water works, landscaping, lighting and other objects which are an integral part of the Art Work. 4. Frames, mats, pedestals, and other objects necessary for the proper presentation of the Art Work. 5. Walls, pools, landscaping, or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the Art Work. 6. Expenditures for maintenance and repair of Art Work. 7. Administrative expenses to otherwise implement any provision of this Chapter, however, in no event shall said administrative expenses exceed 5% of the total funds in the account on July 1 of any year nor $25,000 in any fiscal year. C. Endowments. The Art in Public Places Fund shall also be used as a depository for endowments, bequests, grants or donations. Such sums may be expensed as set forth in subsection (B) of this section and for art exhibitions or displays as approved by the City Council. D. Replacement. For those Art Works that have been purchased with monies from the Art in Public Places Fund or donated to the City, the City may determine to sell or exchange existing Art Works for replacement Art Works. Any funds obtained from the sale of Art Work shall be credited to the Art in Public Places Fund. Art Work owned privately and on display by In -Lieu Agreement Ordinance XXX -7- t^i' �o iLL'OIC 1O L'd . % 3dVOCK I • can vo IVLWW v, NOIONWW f sU AVMMW JO 13WW'M'N p l.3rduav OW01W It aa�(M NVMI AdddH 1N I Od Sir 3 NOIIYII t � � o t et t' ,c ,• y `� 1. e„ Y�.Z,y.� ,•, �` +�I mt i.r It COUNCIL/RDA MEETING DATE: April 19, 2005 ITEM TITLE: Discussion Regarding Security Cameras At City Facilities RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Provide direction regarding placement of security cameras at City facilities. FISCAL IMPLICATIONS: None for this action. Should the City Council direct staff to further research the concept of placing security cameras at City facilities, installation and monitoring costs will be presented for City Council consideration at a future Council meeting. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta has experienced a tremendous increase in the use of public park facilities in the past few years. With this increase has come an increase in reports of acts of vandalism and graffiti at all City parks and SilverRock Resort. The following information provides general details as to the magnitude of vandalism and graffiti at select facilities. La Quinta Park The La Quinta Park was opened to the public in September 2003. Since that date, City staff has spent 1,773 personnel hours responding to calls for graffiti removal, (which has cost the City approximately $35,460), and 179 personnel hours to repair or replace equipment due to vandalism, (costing approximately $3,580). These costs do not include the cost of materials and replacement equipment (estimated at over $4,000), fora total cost of $43,040. Acts of vandalism at the La Quinta Park have included the burning of trash cans, benches and shade structures; destruction of the light bollards around the park; break-ins at the snack bar and having equipment stolen and/or broken; and having door locks damaged beyond repair and roof tiles broken and removed. Copies of police reports and vandalism reports are available for review in the Community Services Department. Fritz Burns Skate Park The skate park at Fritz Burns Park has been vandalized twice in the past; both times the safety rails on the back of the ramps were destroyed, so much so that the park was closed for public use until the equipment parts could be repaired. In addition, one of the grind rails has also been stolen from the skate park. La Quinta Sports Complex The La Quinta Sports Complex has had drinking fountains broken off the wall, door locks broken off the door, and trash cans and shade structures set on fire. Cove Oasis Trailhead The Cove Oasis Trailhead has had the emergency call box vandalized many times, the drinking fountain broken, small fires started, and graffiti written on the tables and benches. City Hall The City of La Quinta motor pool vehicles are parked in the City Hall parking lot. During the weekend of March 5`h, the City's CNG (Compressed Natural Gas) Honda was stolen from the lot. Weeks prior to the theft of the car, a tire had been removed from the vehicle while it was parked in the lot. SilverRock Resort Soon after the opening of the Arnold Palmer Classic Course, a patio table and chairs was reported missing, in addition to a walk -behind lawn mower. While other City facilities have been subject to vandalism and graffiti, the extent of damage or theft has been minimal compared to the incidents listed above. In order to take a proactive approach to protection of the City's facilities from vandalism and theft, and to reduce the costs associated with repair or replacement of equipment, staff has been researching the use of security cameras at public facilities. By requesting information via a statewide communication network of Recreation Administrators, staff found several cities that have used security cameras at public facilities to apprehend individuals who had destroyed public property. The cities that responded to the request for information include: Chico, Turlock, Yucaipa, Culver City and Palm Desert. In addition, the City of Riverside is in the process of having security cameras installed at their parks due to the same issues faced by the City of La Quinta. Of the cities that responded, several stated that their City police department monitors the activity captured by the security cameras. A majority of the police departments, however, do not actively monitor the cameras but monitor the activity once a call for service has been placed to that facility. An example of this would be if cameras were in place at the La Quinta Park and someone called to report vandalism in progress, the police would then monitor the camera at La Quinta Park to view that specific location. In addition, a few Cities use security cameras monitored by the police department as a means of deterring vandalism and graffiti at their skate parks. The police do not monitor the skate parks as a method of enforcing the rules. The Joint Powers Insurance Authority (JPIA), of which the City is a member, recommends if a City uses security cameras at their parks, especially their skate parks, that a sign be placed at the site stating that there is a security camera in use to deter vandalism and graffiti, and that it will not be used for enforcement of skate park rules. This would clarify that the skate park is not monitored for enforcement of its rules; therefore, the City could not be held liable for injuries that occur at the skate park. In Palm Desert, the Coachella Valley Recreation and Park District monitors the Palm Desert Civic Center Park. The system used at the Palm Desert Park is a system that records several locations in the park on a "loop tape," meaning the tape records over itself at the end of its loop until it is removed from the machine. This method is effective for reviewing the tape after graffiti or vandalism is reported at a location covered by the security camera. However, if the act of vandalism is not performed directly in front of the camera lens, the individual may be unrecognizable, negating any potential benefit of having captured the image on tape. According to the City Attorney, in the case of the United States v. Teketa (9t" Cir.1991), the court upheld the use of video surveillance, and stated: "Video surveillance does not in itself violate a reasonable expectation of privacy. Videotaping of suspects in public places such as banks does not violate the Fourth Amendment; the police may record what they normally may view with the naked eye." Staff has had conversations with the La Quinta Police Department, which responds to calls of vandalism and graffiti at the City's facilities. According to Sgt. Shields, the La Quinta Police Department would find it extremely helpful if vandals were caught on tape "in the act" by a monitoring service, who would then call the Police f-, -1 4 rl at the time of the vandalism. The Police would have a proactive chance of apprehension instead of trying to find the vandals after the fact. Staff is seeking City Council direction regarding the installation of security cameras at City facilities to better identify and apprehend individuals that destroy public property. If the City Council were to deem the use of security cameras at City facilities in the best interest of the protection of City property, staff would recommend the La Quinta Park be the first facility to be protected with a security camera system. In preliminary discussion with ADT Security Systems, Inc, (ADT), which is the security service used by the City for burglar alarm services, ADT offers security camera services that would provide the City with the coverage it desires. The system would include several cameras mounted on existing light poles at the La Quinta Park, which would provide video coverage of the entire park, including the snack bar building. Attachment 1 provides a park layout identifying the various amenities at the park. The system would also include an 18 channel digital recorder for video storage and a monitor for review of the stored digital images that could be viewed by the police after a vandalism is reported to them. In addition, a monitoring service is available through ADT that could periodically monitor the activity at the park via the security cameras and call either the police or fire department based upon the needed service should an inappropriate activity take place. The monitoring service can view the park activities in time increments ranging from fifteen minute up to hourly reviews. Should the City Council choose to consider the use of security cameras at City facilities, staff will proceed with researching various equipment, monitoring options, and costs, which will be presented at a future City Council meeting, along with an identified funding source. Respectfully submitted, ie o 6,-)Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. La Quinta Park Layout w - i Q { r 1 a � �4 'r �r Li •`r .II j • �e 0 • t fit- � � j � 11 �• .._' - _�_ _-.,.ri � \� Q � i � it { I ' 4. 1 ^ • z �1 �fi�•t� t - I� CO i i i q tf i • It I - s� �a � s o _ 3NnHOldW _ z ® N III�I(rI jii I ;jl _ -;rr i �— ® ® •, I � ill ,' - �1 " t �I __ • n T�}-I it �, _ r - r _.t._ REPORT/INFORMATIONAL ITEM: /(P 0T4t!t 4 44P QUM& o V ti I.vcou"Aim c� of9 COMMUNITY SERVICES COMMISSION MINUTES March 14, 2005 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 Leidner led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Jack Fleck Commissioner Ed Hackney Commissioner Bob Leidner Commissioner Victoria St. Johns Commissioner Mark Weber STAFF PRESENT: Dodie Horvitz, Community Services Director Christy Kerry, Community Services Secretary II. PUBLIC COMMENT —None III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval February 14, 2005 Minutes B. Monthly Department Report for January 2005 It was moved by Commissioners Weber/Leidner to approve the Consent Calendar. Unanimous. V. PUBLIC HEARING - NONE VI. BUSINESS ITEMS A. Centre Pointe Park — Director Horvitz directed attention to a layout of the Community Services Commission Minutes proposed three acre Centre Pointe Park. She stated the plans are still in the conceptual stage, and asked the Commissioners to review the plan for suggestions of changes/improvements. Staff will then forward this information to the landscape architect for review and implementation. Staff highlighted the features of the new park including gates, walkways, benches, fences and playground equipment. The single entry to the dog park as described in the plans will be changed to the double gated entry like that found in Fritz Burns Park. Staff stated the playground equipment will be the same that is used at the other La Quinta Parks to keep the uniformity. Benches will be installed, but there will not be picnic tables. Because the park will only serve a half mile radius, there will be no restroom facilities on site. Commissioner Weber inquired about park lighting to which staff stated lighting is not installed in neighborhood parks. Commissioner Hackney made the suggestion to move the well site over to the side to provide more park space. Director Horvitz said that if this is an easement, there is nothing that can be done to change this, but she stated she will pass this suggestion on to the landscape architect. It was moved by Commissioners Weber/Leidner to accept the Centre Pointe Park Plans. Unanimous. B. Flag Day - Commissioner Fleck said the Mayor inquired about plans for Flag Day at the last City Council Meeting. Commissioner Fleck also stated the Mayor is scheduled to appear and make a short speech during the presentation. The Flag Day presentation will take place at La Quinta High School on June 14, 2005 at noon. This will be a minimum day for students and Commissioner Fleck feels this will provide each student more of an opportunity for participation since the presentation will be in the common area and will only last roughly 15 minutes. Commissioner Fleck stated he is working with the Public Information Officer at Twenty Nine Palms to get two Marines who have recently returned from Iraq to speak. Commissioner Fleck said this will bear no cost to the school Community Services Commission Minutes or the city because the VFW will cover the cost of food and transportation for the soldiers. Commissioner Fleck said this will be well publicized and expressed his desire for a strong participation from City Council members as well as Commissioners. It was moved by Commissioners Weber/Hackney to approve Commissioner participation for the Flag Day event. Unanimous. C. Upcoming Events — Director Horvitz discussed the upcoming Egg Hunts as well as the Tiny Tot Olympics and the Community Picnic. In response to an inquiry by Commissioner St. Johns, staff stated the City Council Members are generally invited to major functions, so smaller events like the Egg Hunts and the Tiny Tot Olympics are not listed on the City Council calendar. The Commission discussed arriving early for planned events. Staff stated there is a need for Commissioners to arrive early for the Egg Hunts, and early arrival will facilitate the Tiny Tot Olympics. Historically, an 8:30 AM arrival is custom for the Community Picnic so the Commissioners may help set up and receive their assignments. Commissioner Hackney stated he will be unavailable to attend the Egg Hunts. Vll. CORRESPONDENCE AND WRITTEN MATERIALS A Calendar of Monthly Events — Director Horvitz stated she submitted a request for the Community Picnic to be added to the City Council calendar. VIII. COMMISSIONER ITEMS A. Reports from Commissioners Regarding Meetings Attended - Commissioner Fleck stated he attended the Stargazing event held at the Oasis Covehead Trail. He expressed his disappointment that upon arrival, he found the event was cancelled but he was not informed. Director Horvitz stated that she herself did not become aware of this until the day after the event was scheduled. Director Horvitz said the La Quinta Historical Society is in charge of planning r % -- (-'To '„do v Community Services Commission Minutes and executing the event, therefore the city staff has no control over the event. It turned out the La Quinta Historical Society decided to cancel the event due to weather conditions. Commissioner Leidner highlighted his trip to Sacramento to attend the Parks and Recreation Conference on March 9-12, 2005. Commissioner Leidner attended the conference with Director Horvitz and Kristin Riesgo, Recreation Supervisor. Commissioner Leidner stated he walked away from the conference with a renewed appreciation of what the Parks and Recreation staff do for the betterment of the community. He commended Director Horvitz and her recreation staff. Commissioner St. Johns thanked Commissioner Leidner and Director Horvitz for attending the conference on their behalf. Commissioner Weber commented that kids utilizing the local skate park have not been using appropriate protective gear as per rules stated. The Commission expressed their desire for more to be done to enforce the rules. Director Horvitz said that the department is working on a way to get plain clothes officers in the park to police and enforce the rules by issuing citations. Additionally, there have been numerous cases of vandalism to the parks. Director Horvitz said that on April 5, 2005, she will be taking a report to the City Council for security cameras reasoning that if we catch them in the act, or if people know the premises are being monitored, the likelihood of acts of vandalism occurring in the first place will be drastically reduced. IX. ADJOURNMENT It was moved by Commissioners Fleck/Leidner to adjourn the Community Services Commission meeting at 7:43 PM. Unanimous. Community Services Commission Minutes NEXT MEETING INFORMATION Monday, April 11, 2005 @7:00 PM La Quinta Civic Center - Study Session Room Submitted by: Christy rry, Communit,)k-Services Secreta 0 -------- -- Reports and Informational Items 17 MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA February 17, 2005 This meeting of the Historic Preservation Commission was called to order by Chairman Allan Wilbur at 3:03 p.m. He then 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: Principal Planner Stan Sawa, and Secretary Carolyn Walker II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: It was moved and seconded by Commissioners Puente and Sharp to approve the minutes of January 20, 2005 as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Phase II Testinq and Data Recovery at the Hammer Propert :Applicant: City of La Quinta Redevelopment Agency Archaeological Consultant: The Keith Companies (John Goodman and Leslie Mouriquand) Location: North corner of Avenue 48 and west of Dune Palms Road 1. Commissioner Mouriquand stated she had a conflict of interest regarding this item as her employer had been contracted to prepare the report for the Agency. She then withdrew from the Commission. r) . P:\CAROLYN\Hist Pres Com\HPC 2-17-05.doc Historic Preservation Commission February 17, 2005 2. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Mr. John Goodman, representative of The Keith Companies, was introduced and went over several sections of the report beginning with information regarding his unsuccessful inquiries to the Torres -Martinez Tribe and the Native American Heritage Commission. His conclusion was to wait until the land was rough -graded to decide where the bones could be re -interred. At that time, a Native American representative could come out for a ceremony and have the remains interred in an appropriate site. He showed photos of remains and examples of fragments located on site, including rim sherds, fragments of two bowls, and fragments of brownware. He commented there was nothing to indicate there were any further sherds floating on other levels since this site had previously been disturbed. 4. Commissioner Sharp asked if the vessel could have been used to hold remains, or if it had been used for water or food. Mr. Goodman said they weren't sure because there were various uses for these types of vessels. He went on to explain that one thing that distinguishes the late prehistoric sites from earlier sites is the introduction of pottery and bows and arrows. When Native American groups became less nomadic they began to produce ceramics, baskets, etc. He expressed concern about whether the sherds should be interred with the bones. He suggested more value could be gained by putting them in a museum. Commissioner Sharp commented that was the decision of the Torres Martinez Tribe. 5. Mr. Goodman also brought in some faunal fragments. Commissioner Sharp asked what faunal fragments were. Mr. Goodman replied it was an archaeological term to distinguish animal bones from human bones. Mr. Goodman distributed some beads (Olavella Disc Beads) that were used for currency. Earlier Sidewall Disc Beads were more perfect than the later beads. Mr. Goodman commented on daub and showed the Commissioners a sample from the site. He said daub was very important because it is no longer used. He said where there was daub, there was a house. He explained the differences in usages and techniques of daub. Mr. Goodman brought in a �. J 3 P:\CAROLYN\Hist Pres Com\HPC 2-17-05.doc 2 Historic Preservation Commission February 17, 2005 throwing dart which was used with a throwing stick made in a curved shape. With the introduction of pottery and more sedentary village life, there was a shift to the bow and arrow. The disadvantage of the throwing system was you had to stand up to use it and your prey could spot you. You could remain hidden with a bow and arrow. 6. Commissioner Sharp asked if the arrowheads shown were authentic. Mr. Goodman replied no, they were just representative of the Desert Side Notch arrowheads. He explained the Indians use of arrowheads, as well as dogs, for hunting. 7. Commissioner Sharp asked how the arrowheads were attached. Mr. Goodman said they were attached in several ways, including asphaltum, derived from creosote or pine pitch, and charcoal. The final wraps were done in sinew. He explained the time investment was in making the shaft of the arrow straight and was more important than the perfection of the point. 8. Mr. Goodman displayed two additional tiny bowls that were very common. These bowls could have been toys, or used for ointments. Commissioner Sharp mentioned the glass Egyptian pots. Mr. Goodman referenced the practices of new archaeologists doing sherd analysis. He suggested they get back to basics, such as form and shape and not try to be overly scientific with regard to clay sourcing. 9. Commissioner Sharp asked if the remains were interred or being stored. Mr. Goodman replied they were currently being stored to prevent pot hunters from removing them from the site. Later they would be put in an appropriate receptacle and presented to the Tribe. He did not expand on the type of bone fragments found but explained they would be re-patriated on site. Commissioner Sharp thanked Mr. Goodman 10. Chairman Wilbur said he appreciated the thoroughness of the report. 11. Commissioner Sharp asked if the photos in the report were digitally mastered. Mr. Goodman replied they were. P:\CAROLYN\Hist Pres Com\HPC 2-17-05.doc 3 Historic Preservation Commission February 17, 2005 12. Commissioner Sharp asked what era the brownware came from. Mr. Goodman replied over 1,000 years ago. He said 1,500 years ago brownware was found in the Coachella Valley. Mr. Goodman then gave a brief history of brownware versus buffware and their connection to the Coachella Valley. 13. Commissioner Wright said he appreciated thedocumentation on the structure. 14. Chairman Wilbur asked if the Commission would like to have an addendum. Mr. Goodman said he would prepare one for presentation to the Commission. He said he would include more information on the disposition of the remains. 15. It was moved and seconded by Commissioners Wright and Puente to adopt Minute Motion 2005-003 accepting the results of the Phase II Testing and Data Recovery Report for the Hammer Property as submitted. Unanimously approved with Commissioner Mouriquand absent. Commissioner Mouriquand re -joined the meeting and Commissioner Puente left the meeting due to a prior commitment. B. Paleontoloaical Resources Assessment Report For The Griffin Ranch (Tentative Tract 32879): Applicant: Transwest Housing, Inc. Archaeological Consultant: CRM TECH (Michael Hogan, Principal) Location: Southeast corner of Madison Street and Avenue 54. 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. Commissioners Sharp and Mouriquand commended the applicant on the report. 3. Commissioner Wright asked if they were going to continue to monitor the site as he wanted to know about the removal of trees. Staff replied the monitoring would be continued as far as the Paleontological Report was concerned. Once the developer goes below the surface grade, the report does recommend monitoring. P:\CAROLYN\Hist Pres Com\HPC 2-17-05.doc 4 Historic Preservation Commission February 17, 2006 4. Commissioner Mouriquand said it would depend on how deep they go and if a crater is created when they take the trees out. Plow zone is usually 18 inches. She asked if they were going to excavate more than 18 inches below the surface. 5. Commissioner Wright asked if the tamarisks were going to be left in. 6. Mrs. Marty Butler, representative of Transwest Housing, stated the tamarisk trees on the east, west, and along Avenue 54 would be removed. Acceptable trees would then be planted around Mr. Griffin's house. 7. The Commissioners agreed the trees were not valuable. They were great windbreaks, but were a problem in landscaping. 8. Commissioner Wright asked if they were going to remove the House, Lake, and the Guesthouses. Mrs. Butler said they were going to remove the racetrack and Mr. Griffin would only keep 40 acres. 9. Commissioner Mouriquand asked about additional archaeological monitoring. She suggested the monitoring be left up to the discretion of the project archeologist. Commissioner Wright agreed. 10. It was moved and seconded by Commissioners Mouriquand and Sharp to adopt Minute Motion 2005-004 accepting the Paleontological Resources Assessment Report for The Griffin Ranch (TT 32879) as submitted. Unanimously approved with Commissioner Puente absent. C. Archaeological Testinq and Evaluation Report Sites CA-RIV-7521 to 7526 For The Griffin Ranch (Tentative Tract 32879): Applicant: Transwest Housing, Inc. Archaeological Consultant: CRM TECH (Michael Hogan, Principal) Location: Southeast corner of Madison Street and Avenue 54 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. P:\CAROLYN\Hist Pres Com\HPC 2-17-05.doc 5 Historic Preservation Commission February 17, 2005 2. There were no comments from any of the Commissioners. 3. It was moved and seconded by Commissioners Wright and Sharp to adopt Minute Motion 2005-005 accepting the Archaeological Testing and Evaluation Report for Site CA-RIV- 7521 to 7526 For the Griffin Ranch (TT 32879). Unanimously approved with Commissioner Puente absent. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMISSIONER ITEMS: A. A handout of the Conference of California Historical Societies, February 18-20, 2005 at the Embassy Suites Hotel, Palm Desert and the Holiday Inn Express was given to the Commissioners by Commissioner Mouriquand. B. Commissioner Sharp asked about the field trip which was brought up at the last meeting. Commissioner Mouriquand brought the Commissioners up-to-date on the replies she had received and gave a brief overview of the sites she had chosen for the field trip. The trip was tentatively scheduled for April 101h and Commissioners were encouraged to bring their cameras and dress appropriately. C. Chairman Wilbur asked staff if there was any information on available grant money. Staff said they were still researching the subject. D. Commissioner Sharp commented there was an upcoming Native American Film Festival that he thought began on March 151h E. Commissioner Mouriquand commented March 12th was the 91h Annual CVAS Symposium at the Pollock Theater, on the COD campus. There is no charge for admission. VIII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Sharp and Mouriquand to adjourn this Regular Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on March 17, 2005. This meeting of the Historic Preservation Commission was adjourned at 4:02 p.m. Unanimously approved. f ,., P:\CAROLYN\Hist Pres Com\HPC 2-17-05.doc 6 Historic Preservation Commission February 17, 2005 Submitted by: Carolyn aIker Secretary P:\CAROLYN\Hist Pres Com\HPC 2-17-05.doc Reports and Informational Items /9 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 2, 2005 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. B. Committee Members present: Frank Christopher, Bill Bobbitt, and David Thoms. C. Staff present: Principal Planner Fred Baker, Associate Planner Martin Magana and Executive Secretary Betty Sawyer. Il. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of February 2, 2005. There being no changes, it was moved and seconded by Committee Members Bobbitt/Thoms to approve the Minutes as submitted. Committee Member Christopher abstained. Unanimously approved. V. BUSINESS ITEMS: A. Site Development Permit 2004-821; a request of Steward Woodard for consideration of architecture and landscaping plans for a two- story, 29,000 square foot auto dealership located on the southeast corner of Adams Street and Auto Center Drive. 1. Committee Member Thoms excused himself due to a potential conflict of interest as his residence was in close proximity to the project. 2. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community G:\WPDOCS\ALRC\3-2-05 ALRC.doc Architecture and Landscaping Review Committee March 2, 2005 Development Department. Staff introduced the applicant, Steward Woodard, who gave a presentation on the new architectural plans and showed a video on the new design. He noted staff was recommending the split face block, but this is not the texture they are trying to achieve. They are requesting a smooth -face off-white painted stucco block wall with a thin band of the split face block. They would also like to request a smooth trowel stucco or black metal on the front of the building. In addition, they would like to change the thin wall to an expanded closed in wall for the stairwell. 3. Committee Member Christopher asked what the white material was that is used for the siding. Mr. Woodard stated it was a painted metal. Committee Member Christopher asked that the black material be metal instead of the stucco. The left elevation for the service area, shows a cantilevered metal detail that appears to be suspended; it is a flat elevation. He would recommend taking the same metal element and putting it over the service door to make the streetscape more interesting. Mr. Woodard stated they would accommodate the Committee's request. 4. Committee Member Bobbitt asked the location of the where the green wall would wrap around. Mr. Woodard noted the location on the site plan. Committee Member Bobbitt stated he has no objection to the design and believes it does blend in with the rest of the Center. In regard to the split face, he does not see it as an issue. However, the blue doors are bold and jump out at you. Mr. Woodard stated they are trying to meet their national image. He agrees the rear needs the element over the service bay to add some character. Committee Member Bobbitt asked the location of the trash enclosure. Mr. Woodard noted the location on the plans. 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Christopher/Bobbitt to adopt Minute Motion 2005-006 recommending approval of Site Development Permit 2004-821, as recommended by staff and as amended: a. Provide samples of actual precision and aggregate block types to the Community Development Department for final approval. G:\WPDOCS\ALRC\3-2-05 ALRC.doc 2 Architecture and Landscaping Review Committee March 2, 2005 b. The top precision block wall shall be a smooth trowel and the bottom a split face to be worked out with staff. C. Architectural canopy shall be added over the service bay d. Additional depth shall be added on left elevation. Committee Member Thoms rejoined the Committee. B. Site Development Permit 2004-825; a request of Chris McFadden for Family Heritage Church for consideration of architectural plans for classroom building additions to an existing church facility consisting of 2,500 square feet located at the northwest corner of Adams Street and Miles Avenue. 1. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Member Christopher asked if the fountain currently exists. Mr. McFadden stated it is currently a grass area. The fountain area became an alternate to artificial grass. 3. Committee Member Thoms stated there was a trash enclosure at the top west corner of the site and it should be moved to the north. He then asked what the two containers at the north of the site were used for. Mr. McFadden stated they will be relocated to the same area as the trash enclosure after the mobile home park has been better defined and will be screened. Committee Member Thoms agreed the trash enclosure should be relocated to the same area as the storage units. 4. Committee Member Thoms commended them on the design. He asked about the slump block wall as he thought the entire wall should be slump stone. Mr. McFadden stated they, will all be landscaped to help eliminate any issues with graffiti. 5. Committee Member Bobbitt asked if the City had a treatment to handle graffiti. Staff explained the process. 6. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2005-007 recommending approval of Site Development Permit 2004-825, as recommended by staff and as amended: G:\WPDOCS\ALRC\3-2-05 ALRC.doc 3 Architecture and Landscaping Review Committee March 2, 2005 a. The trash enclosure shall be relocated to the north of the site with the storage units. b. The retaining wall shall be a slump stone to match the existing walls. C. Site Development Permit 2004-824; a request of Nasland Engineering for consideration of architectural and landscaping plans for a 136,000 square foot retail store and a gas station located on the southwest corner of Highway 1 1 1 and Dune Palms Road. 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 the applicants and noted the areas that still need to be addressed such as the projections on the front part of the north elevation. 2. Committee Member Thorns suggested the colored thin line on the gas station be between the thickness of the roof on the building and what is proposed. Mr. Birkland, Nasland Engineering stated it is only as thick as the metal joists. Committee Member Thorns noted a discrepancy on the site plan between the engineering plans and the architecture drawings. He asked what type of plant material will be used as palm trees would not adequately screen the bays. It should be something that will grow five to six feet in height; not a hedge, or lantana. He confirmed a wall was proposed on the east side of the parking area that would be at least six feet high. 3. Committee Member Bobbitt asked about the rear elevation. Ms. Chris Clarke, developer of the Super Wal-Mart Center, stated there is a lot of undulation and steel to give personality to the big building in the Center. Mr. Birkland noted how they have added the steel canopy to balance the building with the Center. 4. Committee Member Christopher asked the height of the building. Mr. Birkland stated the highest point is 40 feet. The highest point of the parapet is 34-feet 8-inches. Mechanical equipment would be hidden below the parapet. 5. Committee Member Christopher asked about the south elevation, as it will get a fair amount of service traffic; what is the height of the wall between this project and the residential units. Mr. Birkland stated it is an eight foot high screen wall. Ms. Clarke noted Wal-Mart has a six foot wall with dense G:\WPDOCS\ALRC\3-2-05 ALRC.doc 4 Architecture and Landscaping Review Committee March 2, 2005 landscaping. The trees are dense and tall. Committee Member Christopher suggested this be carried over to this site. 6. Committee Member Thoms stated his concern about the east elevation as it is blank. This elevation faces Dune Palms Road and is highly visible. Mr. Birkland noted some of the architectural details that have been added. They could use a material change for contrast. Committee Member Thoms asked if the stone material was to be used on the wall. Mr. Birkland stated it is the trash compactor wall. Community Development Director Doug Evans asked if the trash compactor could be reversed so it is not facing Dune Palms Road. They had considered reversing the loading dock to bring the trucks in from the other direction. The screen wall would continue around. 7. Committee Member Christopher stated this would be a trade off, aesthetically, but could cause more noise for the residents. The issue of lights shining into the residential units from the trucks entering needs to be addressed. 8. Committee Member Christopher stated his approval of the project, excused himself as he had a prior appointment he needed to attend, and left the meeting. 9. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2005-005 confirming their recommendation for approval of Site Development Permit 2004-824, as recommended by staff and amended: a. Revise the site plan to reflect a reversed loading dock area. b. Eliminate the parking along the rear of the building and increase landscaping. C. Reverse the trash compactor entry so that it faces south instead of north and relocate the compressors near the trash compactor and screen it. d. Maintain the architectural treatment and add similar architectural elements to the east facade based on the revised site plan. e. Extend the metal canopy on the north entry elevation out toward the curb as much as possible, similar to the west side of the building. G:\WPDOCS\ALRC\3-2-05 ALRC.doc 5 Architecture and Landscaping Review Committee March 2, 2005 f. The rear landscaping should be similar to the existing landscaping along the rear of the Wal-Mart store. g. Locate the truck turn -around area further north to allow more landscape area between the southern wall and the paved area. h. Construct a screen wall along Dune Palm Road to screen views of the loading dock areas. Gas Station: a. Reduce the thickness of the canopy as much as possible. b. Keep signs below the roof/canopy line. C. Use internally illuminated channel letters as opposed to having lighting mounted on top of the canopy. Light standards should not be mounted on the roof tops/canopies. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None. VII. COMMITTEE MEMBER ITEMS: None VIII. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Bobbitt/Thoms to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a regular meeting to be held on April 6, 2005. This meeting was adjourned at 1 1 :41 a.m. on March 2, 2005. Respectfully submitted, �'�B . SAWYER Executive Secretary G:\WPDOCS\ALRC\3-2-05 ALRC.doc 6 Reports and Information Items /9 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 8, 2005 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 Mr. John Pena to lead the flag salute. B. Present: Commissioners Ed Alderson, Rick Daniels, Kay Ladner, Paul Quill and Chairman Tom Kirk C. Staff present: Community Development Director Doug Evans, Assistant City Attorney Michael Houston, Principal Planner Fred Baker, 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 February 22, 2005. There being no corrections, it was moved and seconded by Commissioners Daniels/Alderson to approve the minutes as submitted. V. PUBLIC HEARINGS: A. Tentative Tract Map 33220; a request of The Greystone Group for consideration of a one lot condominium project with 19 buildings with 149 units, located on the south side of Avenue 52, east of Jefferson Street. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. G:\WPDOCS\PC Minutes\3-8-05.doc �3 Planning Commission Minutes February 22, 2005 2. Chairman Kirk asked if there were any questions of staff. There being no questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Walter Edes, Greystone Group, gave a presentation and stated he was available to answer any questions. 3. Chairman Kirk asked if there was any other public comment. There being none, the public participation was closed and open for Commission discussion. 4. Chairman Kirk asked if this would affect the City's low/moderate housing numbers. Staff stated no. Chairman Kirk asked how staff determined there was no need for the deceleration lane. Staff stated it is based on the traffic study. 5. It was moved by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2005-010 approving Tentative Tract Map 33220, as recommended by staff. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. VI. BUSINESS ITEMS: VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Ladner to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on March 22, 2005, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 7:09 p.m. on March 8, 2005. Respectfully submitted, R Betty . Sawyer, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\3-8-05.doc 2 Department Report: I— A C 0-01 oil CV - -_ - •��.I.W G� of TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manage ,, Q �l1 �i DATE: April 19, 2005 SUBJECT: Department Report - Response to Public Comment The following public comment was made at the April 5, 2005, City Council meeting: 1. Rupert Yessayian, P. 0. Box 251, commented regarding his opposition to the City offering any additional financial assistance to Embassy Suites. He would like to see full disclosure of any future decisions and would like to have the community involved in any actions that might be considered. Additionally, there are several public safety issues and traffic hazards around the City, such as street signage, that need immediate attention. Mr. Yessayian offered to disclose those to a City representative via telephone. • Council Member Henderson informed Mr. Yessayian that the City currently has no financial investment in the Embassy Suites project, so his reference to "additional financial assistance" is inaccurate. Council Member Sniff concurred, adding that any future decisions would be publicly disclosed. DEPARTMENT REPORT: 3-- CITY COUNCIUS Y UPCOMING EVENTS . . . . . . . . . . . . . . . y� APRIL 16 APRIL 19 APRIL 20 APRIL 30 MAY 3 MAY 14 JUNE 7 JUNE 21 CONCERT UNDER THE STARS 6:30 PM - CIVIC CENTER CAMPUS CITY COUNCIL MEETING SPECIAL RDA MEETING 7:00 P.M. COMMUNITY PICNIC CITY COUNCIL MEETING CONCERT UNDER THE STARS 6:30 PM - CIVIC CENTER CAMPUS CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING April 2005 La Quinta City Council Monthly Planner 10 11 12 13 14 15 16 7:30 AM CVEP•Adolph 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energy/ w 10:00 AM Pub. Sfty- Abate. -Perkins Henderson Environ.•Sniff -- Perkins 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts 6:30 PM Concert Under 12:00 PM Transp-Perkins Commission Advisory Board Commission the Stars 6:00 PM League - Henderson 7:00 PM Cam. Serv. Comm. 17 18 19 20 21 22 23 9:00 AM CVA•Henderson 7:00 PM Special RDA 3:00 PM Historic Preser- 2:00 PM City Council Meeting vation Commission Meeting 24 25 26 27 28 29 30 6:00 PM Exec Cmte.- 7:00 PM Planning 12:00 PM Human/Comm- 9:00 AM LAFCO- 10:00 AM - 1:00 PM Adolph Commission Osborne Henderson Community Picnic & 12:00 PM Sunline-Adolph City Birthday Bash 4:00 PM DRRA Airp- Osborne Printed by Calendar Creator Plus on 4/14/2005 May 2005 La Quinta City Council Monthly Planner June 2005 La Quinta City Council Monthly Planner ------------------ Et=EE3EEiEiE4r,E+E3E3ii3i3E;E:i•Ei3EEE3E3EiE''e;Eii3EifiEEEeiiiifeii3iEE3E;:eii3e --.7.T.T. i ...... �.:.:•................... .. �.E.............. 'iE;E?°== ..3 E:....:: eiiieiieiiieeii ... ..::...::.:.: ....................... .. 1 2 3 4 May 10:0 0 AMALRC S M T W T F S 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 18 19 20 21 �� iE eeeiiiei is Ei�)iiejfei'r'•i� :iie 22 23 246 27 28 EiefElEieeiiE:i eiE EipiEiiEiiE3EiEi 2930 3 1i';isiii';i3�EEi':EEi:3EiiiiiiifiiEii3E i� Sjj„3•E•:e.a••:.:.;_:: E 3@'•i i:i ��iFiiiii�?i3iifEiE3EiEi3E3E ��3:i';i';iii �ii �Ei=•>li=•i �ilieii !.:PP.=lF:33E3'•ifi33� '::: 3r:FEi=r �'Jj[eeE ie lei:;?�E•:,.:: _.:. .. {Eie E•:•3•=a: Niiii 5 6 7 8 9 10 11 2:00 PM City Council 9:00 AM RCTC- 12:00 PM Energy/ Meeting Henderson Environ.•Sniff 5:30 PM'Investment 7:00 PM Cultural Arts Advisory Board Commission 12 13 14 15 16 17 18 7:30 AM CVEP-Adolph 7:00 PM Mosquito 3:00 PM Historic Preser- 10:00 AM 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. Flag Day Comm. 19 20 21 22 23 24 25 9:00 AM CVA•Henderson 12:00 PM Human/Comm 9:00 AM LAFCO 2:00 PM City Council Osborne Henderson Father's Day Meeting 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne 26 27 28 29 30 eidiieiiiiEe 6:00 PM CVAG General 7:00 PM PlanningJuly y IM AssembS Y CommissionW F T T S `? 3 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 I€ €' 17 24 18 19 20 21 22 23 25 26 27 2829 30 31 Printed by Calendar Creator Plus on 4/14/2005 r A .� 011 DEPARTMENT REPORT: _11/ TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety /• 4 DATE: April 19, 2005 RE: Monthly Department Report - March 2005 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of March. Also included is the Monthly Executive Status Report for the Municipal Library. The reports depict the following highlights: • Year to date building permit valuation is $107,097,677 which represents an issuance of 1,481 building permits through March; • 556 animal control cases have been handled through March; • 438 code compliance cases have been initiated through March; • $980.00 - garage sale permit income in March; and • Monthly Executive Status Report - Municipal Library Construction Update d o o' � 4 4�� 0 CD CD 0 c `C ,.0> 0 0 p o CDar '-' "L-J"I, I w w � ►- � ro tJ o w 00 O � o ISO o a� ON .~ oho O w C v O O O* to O� 01 O 00 110 �• J N N O \O \O N � N O W �--� �l 00 C� B. 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L�P J J � � v Hr000H�n�xro�nr��z�rm�roor:o HHrQtz)q rro a�Hnmm1713 zn z w z H Q x cn n 0 z x H m to m cn t7 r7 ro ro x ro ro ro 3 G� [� t7 t 7 ro z E Y t�roHoH�Ec�ot�c�r�t��rt�t�ot�yr7 3t�xrc�t�t� 1 r�Hnror��o�rd ron��zrrzdr00 Nx�n0Or t- o " 0 m rro tIUW0 03 n—H M> H ""0 M trj H m m I 1 I O IT] H >rC zzIII rrznH H �x0 z z GAO ro 00n I ncnnnXzz K< - m M I I CAI > HOOrn zco I I cn mt, rz:93 t7 Htn Hron ro til 0:9Z I m 10 0 cn Cl) C7 m 0 cn r rl m m H H H tr] (n z I H [[] \ Za 0 t:] Hnx zz zH3 t7 0nH to rHm on 0-3t1tri zd x roHHx H ti7 H PO r r H ti] M m t2. .> x .� m t� z0 mx �zn to H amrro x Zi H C H N H H H M :93 r z z Cb C C H it H r cn C7 C+7 H t7 co x x y d t7 C H 0 H C Ol N N Ol H W N H W H O N H l0 w w O H 00 Ul kD Ul N N O Ul N H H H N W N �] w O H 00 N IA H H Ul H H H H OD H W N H Ul Ul O N H W H W O w IA Ul �D Ul m O o lD �D H IP H a\ H IA O 00 N N. H 1D N OD ll N IA m Ul It, 00 -1 H IA W N N IA W W N O 00 O M Ul lD J W Ul 00 m w �'D IA N �I m O H �D --7 Ol O O O O O IP N Ul Ul oo O N O O kD O O �D H m �D O O O O O 00 w J O N m O IA O H w (D -_l 0) m N O O 00 O O IA N O Ul H O I'D O m IP O O O O w m Ul W H co la IA H IA l co N N Ul H w H W w N W H W IA -1 w �D O m W H H OD m .A N OD 00 -_l w Ol O O --1 H -1 H 'P.m O O m OCD CD N UN IA l IA w lD l --1 Ol O O 00 �o N Ul �l O -1 -] W W OD Ul N �10 In Ul Ul H W IG O O O N Ul '.l 00 00 O o W OD O IG O 6l J O O M, �I O Ul N O O O O O Ln H O 00 IP N O O N �D In O O O IC O w > I ro I ro r1 n1 �1 H I H 1 01 z1 ro 00IrJ ro m ;U O tI] z7 (n H H y cn x I-3 3Ct77 ro�oH I tIf H H xu 0 to b73C7H H H n C(owcn � O o M zxHK G]yoy RC Ln ro t-r ro cn H C Iri m H 3 [ H K 1-4 H H \ z H W K H H ro�K tT] o ro cn Ul tri ,. A ` V 3 1 ;� ANIMAL CONTROL REPORT FOR: March 2005 Steve Alexander, Moises Rodarte, Patti Lee and Lori Naylor Animal Pickups YEAR TO YEAR TO INCIDENTS YEAR TO YEAR TO Mar 05 DATE 05 DATE 04 HANDLED Mar 05 DATE 05 DATE 04 Dogs Alive 29 90 88 Bite Reports 0 7 7 Dead 6 17 16 Animal Trap OTI 8 10 7 Set Ups 4 18 9 Cats Alive 11 36 52 Cruelty to Dead 9 22 20 Animals 0 1 0 OTI 0 1 2 Other Animals Alive 12 17 24 Vicious Animal Dead 4 12 12 Restraining 0 0 4 OTI 0 0 0 TOTAL ANIMALS Special Hour Patrols 11 18 0 Alive 52 143 164 Zoning 0 0 0 Dead 19 51 48 Lost/Found 51 148 113 OTI 8 11 9 Animal Rescue 4 8 0 Outside Agency 0 0 0 TOTAL ANIMALS REMOVED City Reclaims 11 32 30 Other 19 21 23 79 205 221 TOTALS 100 253 186 VIOLATIONS: NO OWNER WARNINGS CITATIONS Dogs at Large 15 1 0 Noise Disturbance 0 3 0 Defecation Removal 0 0 0 License Violation 0 0 4 Other 0 0 0 MONTHLY TOTAL 15 4 4 YEAR TO DATE 62 15 21 TOTAL MONTHLY INCIDENTS HANDLED: Mar. 05: 202 Mar. 04: 155 TOTAL YEARLY INCIDENTS HANDLED: Mar. 05: 556 Mar. 04: 479 Jy} 4 CODE COMPLIANCE STAT REPORT FOR March 2005 March 05 YEAR TO DATE 05 YEAR TO DATE 04 ABATEMENTS: Nuisance Abatements Started 69 Weed Abatements Started 15 Vehicle Abatements Started 41 Building Code Violations Started 2 Home Occupation Inspections 14. TOTAL STARTED 141 TOTAL COMPLETED 178 Case Followups 326 Business License Inspections 0 Garage Sale Permits Issued 98 Total Received $980.00 218 235 38 6 144 314 9 9 29 37 438 564 421 554 763 911 0 1 267 407 5 ►(ONSTRUCTION, INC Glendora Beuerty 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: April 2005 For the Month of March 2005 E - E • All crafts on -site completed rough -in: mechanical, electrical, & plumbing. • Water meter / service and sewer laterals have been installed by CVWD. • Rotunda exterior has been sheathed and will be stucco textured in early April. • Glazers installed aluminum mullions 100% and installation of is glazing / glass 75% . • Wood Framing and Metal Framing 100% complete. • Roofing felt installed along with the sheet metal flashings, tiles to be installed early April. • Building insulation is currently being installed and sheet rock to start April 1 st. • No negative community related problems/issues reported. Schedule Performance Month of March 2005 • 0 days lost in March production, due to RAIN. • (10 days to -date lost due to RAIN) Schedule Performance Project to Date • Original Completion Date: June16, 2005 • Revision Schedule # 7 June 16, 2005 • Forecast Completion Date: June 16, 2005 • Date to Change Pending Phase #2 Approval: Budget Performance Project to Date • Original bid: $5,794,018.00 • Plus Contingency (5%) $289,700.00 • Total Budget (original bid plus contingency) : $6,083,718.00 • Change Orders (25): 0 1.) $7,923.78 (relocation of existing electrical vault within building footprint) o 2.) $23,228.00 (underground ductwork for Phase# 2 not in original plans) o 3.) <$6,245.00> CREDIT (crushed rock/slab underlayment deletion) o 4.) $0.00 (Rain Day Delay / 1 additional day to baseline schedule) o 5.) $0.00 (Rain Day Delay / 1 additional day to baseline schedule) o 6.) $2,318.40 (additional electrical items per M.W. Steele I.B.#014) o 7.) $24,283.27 (additional electrical per Revised Verizon Drawings) o 8.) $11,928.00 (changes in light fixtures per M.W. Steele I.134012) 0 9.) $12,068.25 (additional electrical per Revised IID Drawings) o 10.) $22,301.44 (changes in Original Light Fixture Schedule, 80 fixtures) 0 11.) $12,432.00 (linear diffusers, intake & exhaust, per I.B.#023 & I.B.#041) o 12.) $0.00 (Rain Day Delay / 2 additional days to baseline schedule) 0 13.) $0.00 (Rain Day Delay / 3 additional days to baseline schedule) o 14.) $24,900.00 (change from wood to light gauge metal framing @ the Rotunda location, per RFI #023 & I.B.#015) 0 15.) $8,239.00 (change in steel connection detail, RFI#067 & RFI#093 & I.B4051) o 16.) $4,251.00 (plywood backing and wood blocking, per I.B.#052) 6 o 17.) $0.00 (Rain Day Delay / 3 additional days to baseline schedule) o 18.) $7,504.00 (Tile installation @ South Vestibule / Breezeway & drinking fountain locations, change order included $8,000. CREDIT to the City. 0 19.) $11,192.24 (new wood framing and welding details per I.B. #061) o 19A.) $23,458.00 Fee PAID by the City of La Quinta (two sewer lateral connections & water meter size up -grade) (NON -CHANGE ORDER) o 20.) $5,488.00 (Additional intrusion detection items, per A.O.R. notations on Submittal Drawings) o 21.) $3,661.00 (Wood framing & furring for linear grilles, per I.B. #054) o 22.) $2,012.55 (Wood framing of "pony wall" & additional plumbing sofit) o 23.) <$2,450.00> CREDIT ("hot mop operation" alteration) same warranty. o 24.) $2,420.21 (Addition of "book detectors" & re -location of conduits per revised drawings A.O.R. o 25.) $2,016.00 (Addition of "Reveal Picture Hangers" per A.O.R. RFP #005) o Total net change orders & fee: $202,930.14 • Current cost commitments (original bid plus change orders / fee): $5,996,948.14 • Contingency usage to date: $202,930.14 • Contingency budget remaining: $86,769.86 • Current commitments as % of Total Budget ($6,083,718.) 98.57% Safety Performance Project To Date • No Lost Time or Claims due to injuries or safety violations. • Safety "Tailgate Meetings" held every Monday AM. Upcoming Month Priorities/Key Activities (April 2005) • Wood T & G to be installed on the exposed ceiling locations. • Roofing to be 100% complete in April. • Insulation currently being installed along with the sheetrock. • Stucco texture for the building exterior to start. • Masons completing block work through -out the entire project. • Ornamental iron and steel trellis will be installed by Ironworkers. 7 DEPARTMENT REPORT Jr � Q'C 0jj& Lvcoxeow�rID �� OF T� TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DOUGLAS R. EVANS, COMMUNITY DEVELOPMENT DIRECTOR g S DATE: APRI L 19, 2005 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF MARCH 2O05 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of March. P:\Monthly Report Folder\MAR 2005.doc COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT REPORT MARCH 2O05 PROJECT DESCRIPTION Conditional Use Permits 1 submitted Development Agreements 0 submitted Environmental Assessments 4 submitted General Plan Amendment 0 submitted Lot Line Adjustments 4 submitted Minor Adjustments 0 submitted Minor Use Permits 13 submitted Parcel Maps 4 submitted Parcel Mergers 2 submitted Sign Permits 9 submitted Site Development Permits 6 submitted Specific Plans 1 submitted Tentative Tract Maps 2 submitted Temporary Use Permits 7 submitted Village Use Permits 0 submitted Zone Change 0 submitted Zoning Code Amendments 0 submitted TOTAL 53 NEW CASES SUBMITTED INSPECTIONS AND PLAN CHECKS Cove Checks 0 Inspections completed Subdivision Plan checks 44 performed %j ,,, '10 P:\Monthly Report Folder\MAR 2005.doc 2 c O_ aj •+- C (n . 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O C m CD > Q O O co O L (n C I� CL cc cu CD O N _ r W co r C O co O _ U Q ? _U O C co N C 0) N O� O N N = O L 'E M U C .cu N O ccN m O N c6 O .O E O CD N C CDU p , 0 �- m () N 'O O C Y (M O cv U Z Q � J Z U F— F— oM C N N �-+ , Un L r co O 00 O (> N X N O Q Q N O Ln �N ca co CM cn �t Lo r- (D0000 LO �00 O m O r� O d (M �'mM � .— E v 0 O-0O 0 0 OM NO pCO cMa CN J� tea- �O� C2 0 m �'0- �C(n2> LWcMOF—UF—C7cnQU) W PC t 0 Q N s 0 F- CC O m W cc H a F- H V W Ml O cc a J a V W IL O — O0 M O cc E � O M cc Q V O 75 .O O N O O CA I� CO 4-0 M o O +-j 4 O 0. Q E o o O V LO 00 LO m 7 cu E a + o o +� O O c o V 00 U') 00Q r" x 4j> -U> O cn v O .o +-j ca O a ) >% co 4-J4)(D U U U M O C +, co c O c6 C C CL m a :D O O J J C N O = O 06 O c C fl. O V O � C .p C .0 co LL J O O M 2 00 07 r- 0 a (1) cr t c 0 Department Report 5--A TO: Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Community Development Director DATE: April 19, 2005 SUBJECT: Department Report — Draft Municipal Services Review Prepared by Riverside County Local Agency Formation Commission (LAFCO) for the Southern Coachella Valley (MSR) BACKGROUND AND OVERVIEW: The MSR is prepared to assist LAFCO in complying with the Cortese/Knox/Hertzberg Act in addressing Sphere of Influence for all applicable jurisdictions within the County. In this case, the MSR addresses the Cities of Coachella, Indio, La Quinta and service agencies including the Southern Coachella Valley Community Services District, Coachella Valley Water District, Coachella Valley Recreation and Parks District, Imperial Irrigation District and County Services Areas. State law requires LAFCO to prepare a report prior to, or in conjunction with, Amendments to a Sphere of Influence (SOI). As a result, LAFCO must prepare a written statement of its evaluation and determinations for each agency with respect to the following: 1. Infrastructure needs or deficiencies 2. Growth and population projections for the affected areas 3. Financing constraints and opportunities 4. Cost -avoidance opportunities 5. Opportunities for rate restructuring 6. Opportunities for shared facilities 7. Government structure options, including advantages and disadvantages of consolidation or reorganization of service providers 8. Evaluation of management efficiencies 9. Local accountability and governance The MSR is essentially the background document for each entity within a geographic region. This document is then used as the basis for evaluating a Sphere of Influence. This MSR does not include any recommendations regarding existing or future SOls. Many property owners and developers were anticipating that LAFCO would utilize this document for SOI evaluations and specific recommendations. This is not the case. P:\Reports - CC\2005\4-19-05\D 8 MuniSerR-LAFCO.doc .0 Attachment 1, 1 .0 Introduction to MSR, provides a summary of the legislative history, MSR purpose, and required determinations. Review Schedule of MSR: The MSR was made available for public review on March 24, 2005 and a public hearing has been scheduled for April 28, 2005. The purpose of the public hearing is to solicit public comment on the MSR. LAFCO staff has indicated they anticipate the LAFCO Commission will continue this item due to several reasons. First, the current MSR is incomplete. The current draft does not have any information regarding County Service Areas. This information is currently being drafted. LAFCO staff also expects public comments to require editing the document prior to its approval. The MSR will most likely be continued to May 26, 2005. MSR La Quinta: Chapter 4 of the document addresses the City of La Quinta. City staff including Building and Safety, Community Services, Community Development and Public Works have reviewed the MSR and have prepared specific comments and recommendations. The MSR addresses the following municipal services: Law Enforcement, Solid Waste, Stormwater Drainage, Roads and Circulation, Parks and Recreation and Animal Control. Attachment 2 is the entire Chapter for La Quinta. City comments are directed at clarifying information in the MSR and adding additional information. A key finding or determination in the current report is that La Quinta's SOI, consisting of 117 acres of available undeveloped land within the City, will accommodate SCAG's projected growth rate. City staff is concerned that the City is experiencing growth which exceeds SCAG's projected growth and that sufficient undeveloped land may not be available within the City limits. Attachment 3 includes the draft recommendations to LAFCO regarding the MSR. Report Overview: Attachment 4 is a map packet for each jurisdiction. The following Table summarizes each City relative to size, existing SOI and population. Southern Coachella Valley CSD. This CSD provides a funding mechanism for supplemental police protection services and waste disposal. The MSR points out that as areas have been annexed (Coachella and La Quinta) these new annexation areas were not removed from the CSD. The MSR concludes that the CSD should be removed from annexed areas. Current assessments are $1.00 per acre with a $20,000 minimum, plus $66.00 per residential unit and $88.00 per commercial unit. The areas within La Quinta that are included in the CSD are as follows: 1. Section - Northern Travertine Area 2. Section - Village at the Palms 02 e, ''% PAReports - CC\2005\4-19-05\D 8 MuniSerR-LAFCO.doc J " I MSR SUMMARY OF CITIES CITY ACRES SOI ACRES CURRENT POPULATION 2030 POPULATION La Quinta 22,792 119 32,522 56,866 Coachella 18,795 3,323 27,655 49,216 Indio 16,868 8,837 59,133 92,272 Any additional City Council comments/direction will be added to the City's comments on the MSR. Attachments: 1 . Riverside County LAFCO Draft Municipal Services Review Pages 1-1 to 1-6 2. Riverside County LAFCO Draft Municipal Services Review Pages 4-1 to 4-21 3. Draft City Recommendations/Comments 4. MSR Map Packet P� P:\Reports - CC\2005\4-19-05\D 8 MuniSerR-LAFCO.doc ATTACHMENT NI Draft Municipal Services Review Riverside LAFCO For Southern Coachella Valley City of Coachella City of Indio Citv of La Quinta J LSA ASSOCIATES. INC. MUNICIPAL SERVICE REVIEW MARCH 2O05 RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION TABLE OF CONTENTS TABLE OF CONTENTS 1.0 Introduction to Municipal Service Review....................................................................................1-1 Determination 1: Infrastructure Needs and Deficiencies..........................................................1-2 Determination 2: Growth and Population Projections for the Affected Area ...........................1-3 Determination 3: Financing Constraints and Opportunities......................................................1-3 Detenmination 4: Cost -Avoidance Opportunities......................................................................1-3 Determination 5: Opportunities for Rate Restructuring............................................................1-4 Determination 6: Opportunities for Shared Facilities...............................................................1-4 Determination 7: Government Structure Options.....................................................................1-4 Determination 8: Evaluation of Management Efficiencies.......................................................1-4 Determination 9: Local Accountability and Governance..........................................................1-5 2.0 The City of Coachella....................................................................................................................2-1 2.1 Location, Administration, Management, and Operations ...................... 2.2 Population and Growth.......................................................................................................2-5 2.3 Law Enforcement................................................................................................................2-9 2.4 Fire Protection...................................................................................................................2-10 2.5 Solid Waste.......................................................................................................................2-11 2.6 Stormwater Drainage........................................................................................................2-12 2.7 Roads and Circulation.......................................................................................................2-13 2.8 Parks and Recreation.........................................................................................................2-13 2.9 Library Facilities...............................................................................................................2-15 2.10 Animal Control...............................................................................................................2-15 2.11 Determinations for the City of Coachella.......................................................................2-16 3.0 The City of Indio...........................................................................................................................3-1 3.1 Location, Administration, Management, and Operations...................................................3-1 3.2 Population and Growth ............................................. .......................................................... 3-4 3.3 Law Enforcement Services.................................................................................................3-8 3.4 Fire Protection.....................................................................................................................3-9 3.5 Solid Waste.......................................................................................................................3-10 3.6 Stormwater Drainage........................................................................................................3-12 3.7 Roads and Circulation............................................................ ........................................... 3-12 3.8 Parks and Recreation.........................................................................................................3-14 3.9 Determinations for the City of Indio.................................................................................3-16 4.0 The City of La Quinta....................................................................................................................4-1 4.1 Location, Administration, Management, and Operations ...................................................4-1 4.2 Population and Growth.......................................................................................................4-5 4.3 Law Enforcement................................................................................................................4-8 4.4 Fire Protection...................................................................................................................4-10 4.5 Solid Waste.......................................................................................................................4-11 4.6 Stormwater Drainage........................................................................................................4-12 4.7 Roads and Circulation.......................................................................................................4-13 4.8 Parks and Recreation.........................................................................................................4-14 4.9 Library ...............................................................................................................................4-17 P:\Rla430\Draft\So. Coachella Valley\Table of Contents.doc Z4I rr 5 I t LSA ASSOCIATES. INC. MUNICIPAL SERVICE REVIEW MARCH 2005 RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION TABLE OF CONTENTS 4.10 Animal Control...............................................................................................................4-17 4.11 Determinations for the City of La Quinta.......................................................................4-17 5.0 Southern Coachella Valley CSD...................................................................................................5-1 5.1 Location, Administration, Management, and Operations...................................................5-1 5.2 Population and Growth.......................................................................................................5-3 5.3 Law Enforcement................................................................................................................5-4 5.4 Solid Waste.........................................................................................................................5-6 5.5 Determinations for the Southern Coachella Valley CSD................................................ 5-6 6.0 Coachella Valley Water District....................................................................................................6-1 6.1 Location, Administration, Management, and Operations...................................................6-1 6.2 Population and Growth.......................................................................................................6-3 6.3 Stormwater Drainage..........................................................................................................6-5 6.4 Determinations for the Coachella Valley Water District....................................................6-7 7.0 Coachella Valley Recreation and Park District.............................................................................7-1 7.1 Location, Administration, Management, and Operations...................................................7-1 7.2 Population and Growth.......................................................................................................7-4 7.3 Parks and Recreation..........................................................................................................7-6 7.4 Determinations for the CVRPD........................................................................................7-14 8.0 Imperial Irrigation District............................................................................................................8-1 8.1 Location, Administration, Management, and Operations...................................................8-1 8.2 Population and Growth.......................................................................................................8-3 8.3 Electricity............................................................................................................................8-4 8.4 Determinations for the Imperial Irrigation District.............................................................8-7 9.0 County Service Areas....................................................................................................................9-1 10.0 Organizations and Persons Contacted.......................................................................................10-1 11.0 References.................................................................................................................................11-1 P:\R1a430\Draft\So. Coachella Valley\Table of Contents.doc 11 r• � v .: 1- LSA ASSOCIATES, INC. MUNICIPAL SERVICE REVIEW MARCH 2O05 RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION TABLE OF CONTENTS FIGURES AND TABLES FIGURES Figure 2.1: City of Coachella Boundaries and Facilities.....................................................................2-2 Figure 2.2: City of Coachella Organizational Chart ...................................................... Figure 3.1: City of Indio Boundaries and Facilities ................................ Figure 3.2: City of Indio Organizational Chart ...................................................................................3-3 Figure 4.1: City of La Quinta Boundaries and Facilities.....................................................................4-2 Figure 4.2: City of La Quinta Organizational Chart............................................................................4-3 Figure 5.1: Southern Coachella Valley CSD Boundaries....................................................................5-2 Figure 6.1: Coachella Valley Water District.......................................................................................6-2 Figure 7.1: CVRPD Boundaries and Facilities....................................................................................7-2 Figure 7.2: Coachella Valley Recreation and Parks............................................................................7-7 Figure 8.1: Imperial Irrigation District Boundaries ..................... TABLES Table 2.A: City of Coachella Population and Housing (1990, 2000, 2004)........................................2-5 Table 2.13: Total Incorporated Population and Housing in the Southern Coachella Valley (1990, 2000, 2004)...........................................................................................................................................2-6 Table 2.C: Total Riverside County Population and Housing (1990, 2000, 2004)...............................2-6 Table 2.D: Composition of the Housing Stock (2004)........................................................................2-6 Table 2.E: SCAG's Growth Projections for the City of Coachella(2010-2030)................................2-7 Table 21: SCAG's Growth Projections for the CVAG Area(2010-2030)........................................2-7 Table 2.G: SCAG's Growth Projections for Riverside County(2010-2030).....................................2-8 Table 2.H: The City of Coachella's Growth Projections.....................................................................2-8 Table 2.1: Fire Personnel and Equipment Serving the City of Coachella..........................................2-10 Table 2.J: Monthly Solid Waste Rates..............................................................................................2-12 Table 2.K City of Coachella Park Facilities......................................................................................2-14 Table 2.L: Parks within Coachella and Agency Responsibilities......................................................2-14 Table 3.A: City of Indio Population and Housing (1990, 2000, 2004)...............................................3-5 Table 3.13: Total Incorporated Population and Housing in the Southern Coachella Valley (1990, 2000, 2004)...........................................................................................................................................3-5 Table 3.C: Total Riverside County Population and Housing (1990, 2000, 2004)...............................3-5 Table 3.1): Composition of the Housing Stock(2004)........................................................................3-6 Table 3.E: SCAG's Growth Projections for the City of Indio(2010-2030).......................................3-7 Table 31: SCAG's Growth Projections for the CVAG Area(2010-2030)........................................3-7 Table 3.G: SCAG's Growth Projections for Riverside County (2010-2030).....................................3-7 Table 3.H: The City of Indio's Growth Projections............................................................................3-8 Table 3.I: City of Indio Police Department.........................................................................................3-8 Table 3.J: Fire Stations and Equipment Serving the City of Indio......................................................3-9 Table 3.K: Monthly Solid Waste Rates.............................................................................................3-12 Table 31: Parks and Recreational Facilities within the City of Indio..............................................3-14 PAR1a430\Draft\So. Coachella Valley\Table of Contents.doc 111� LSA ASSOCIATES, INC. MUNICIPAL SERVICE REVIEW MARCH 2005 RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION TABLE OF CONTENTS Table 3.M: Parks within Indio and Agency Responsibilities............................................................3-15 Table 4.A: City of La Quinta Population and Housing (1990, 2000, 2004)........................................4-5 Table 4.B: Total Incorporated Population and Housing in the Southern Coachella Valley (1990, 2000, 2004)...........................................................................................................................................4-5 Table 4.C: Total Riverside County Population and Housing (1990, 2000, 2004)...............................4-6 Table 4.D: Composition of the Housing Stock (2004)........................................................................4-6 Table 4.E: SCAG's Growth Projections for the City of La Quinta (2010-2030)...............................4-7 Table 4.F: SCAG's Growth Projections for the CVAG Area(2010-2030)........................................4-7 Table 4.G: SCAG's Growth Projections for Riverside County Growth Projections (2010-2030)..... 4-8 Table 4.H: City of La Quinta Uniform Crime Report Statistics (2004)............................................4-10 Table 4.1: Fire Stations and Equipment Serving the City of La Quints............................................4-10 Table 4.J: Monthly Solid Waste Rates..............................................................................................4-12 Table 4.K: City of La Quinta Parks and Recreational Facilities.......................................................4-15 Table 4.L: Additional Park and Recreation Facilities within La Quinta...........................................4-16 Table 5.A: Total Incorporated Population and Housing in the Southern Coachella Valley (1990, 2000, 2004)...........................................................................................................................................5-3 Table 5.B: Total Riverside County Population and Housing (1990, 2000, 2004)...............................5-4 Table 5.C: CVAG Unincorporated Area Projections(2010-2030).....................................................5-4 Table 5.D: Riverside County Growth Projections (2010-2030).........................................................5-4 Table 5.E: Monthly Solid Waste Rates...............................................................................( ........ ....5-6 Table 6.A: Total Incorporated Population and Housing in the Southern Coachella Valle 1990 2000 2004)........................................................................................................................................... 6-3 Table 6.B: Total Riverside County Population and Housing (1990, 2000, 2004)...............................6-4 Table 6.0 CVAG Area Growth Projections (2010-2030).................................................................6-4 Table 6.D: Riverside County Growth Projections (2010-2030).........................................................6-4 Table 6.E: The Coachella Valley Water District's Growth Projections..............................................6-5 Table 6.F: Coachella Valley Water District Stormwater Drainage Facilities.....................................6-5 Table 7.A: Total Incorporated Population and Housing in the Southern Coachella Valley (1990, 2000, 2004)...........................................................................................................................................7-5 Table 7.B: Total Riverside County Population and Housing (1990, 2000, 2004)...............................7-5 Table 7.C: CVAG Area Growth Projections (2010-2030).................................................................7-5 Table 7.D: Riverside County Growth Projections (2010-2030).........................................................7-6 Table 7.E: Park and Recreation Facilities within the Boundaries of the Coachella Valley Recreation andParks District........................................................................................................................7-8 Table 8.A: Total Incorporated Population and Housing in the Southern Coachella Valley (1990, 2000, 2004)........................................................................................................................................... 8-3 Table 8.B: Total Riverside County Population and Housing (1990, 2000, 2004)...............................8-4 Table 8.C: CVAG Area Growth Projections (2010-2030).................................................................8-4 Table 8.1): Riverside County Growth Projections (2010-2030).........................................................8-4 Table 8.E: Imperial Irrigation District's Energy Sources ....................... Table 8.F: Monthly Rates for Residential Service..............................................................................8-6 Table 8.G: Monthly Rates for Commercial Service............................................................................8-7 Table 8.H: Monthly Rates for Large Commercial Service..................................................................8-7 Table 8.1: Comparison of Electricity Rates.........................................................................................8-7 P:\Rla430\Draft\So. Coachella Valley\Table of Contents.doc iv LSA ASSOCIATES. INC. MUNICIPAL SERVICE REVIEW MARCH 2005 RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION 1.0 INTRODUCTION TO MUNICIPAL SERVICE REVIEWS 1.0 INTRODUCTION TO MUNICIPAL SERVICE REVIEW This Municipal Service Review (MSR) has been prepared to assist Riverside County Local Agency Formation Commission (LAFCO) in meeting the requirements of the Cortese/Knox/Hertzberg (CKH) Act, which requires LAFCO to update the spheres of influence for all applicable jurisdictions in the County. A sphere of influence is defined by Government Code 56425 as "...a plan for the probable physical boundary and service area of a local agency or municipality..." The Act further requires that an MSR be conducted prior to or in conjunction with the update of a sphere of influence. This MSR has been prepared in accordance with Section 56430 of the California Government Code and in accordance with the Service Review Guidelines prepared by the State Office of Planning and Research. This MSR evaluates the public services provided by: • City of Coachella; • City of Indio; • City of La Quinta; • Southern Coachella Valley Community Services District; Coachella Valley Water District; • Coachella Valley Recreation and Parks District; • Imperial Irrigation District; and • County Service Areas within the Southern Coachella Valley (to be included)'. In 1997, the State Legislature enacted Assembly Bill (AB) 1484, which established the Commission on Local Governance for the 21 st Century. The Commission was responsible for assessing governance issues and making appropriate recormendations regarding the Cortese -Knox Local Government Reorganization Act of 1985. Ainong other recommendations, the Commission suggested that each LAFCO should have knowledge of the services available within its county. This knowledge would assist in decision making about city and district boundaries. The Commission stated that this knowledge should include the current efficiency of providing service, future service needs, and expansion capacity of the service providers. Additionally, "Information on public service capacity could be gathered as part of the implementation of a new requirement for periodic service reviews. LAFCOs could conduct such reviews prior to or in conjunction with amendments to spheres of influence. A service review would encompass a comprehensive study of each identifiable public service provided by counties, special districts, and the cities in the region. The review would not focus exclusively on an individual jurisdiction to determine its future boundary or service areas. While Riverside County is not subject to review under an MSR, certain services should be considered for comparison purposes using existing County documents or studies. P:\Rla430\Draft\So., Coachella Valley\ 1.0 Intro.doc 1-1 LSA ASSOCIATES. INC. MUNICIPAL SERVICE REVIEW MARCH 2005 RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION 1.0 INTRODUCTION TO MUNICIPAL SERVICE REVIEWS Rather, it would require LAFCO to look broadly at all agencies within a geographic region that provide a service" (Growth within Bounds, January 2000). The State Legislature acknowledged the Commission's findings and created a legislative tool (as described in Section 56430 of the Government Code) to be used to collect information and evaluate service provision. On September 26, 2000, AB 2838 (Chapter 761, Statutes of 2000), authored by Assembly Speaker Robert M. Hertzberg, was signed into law. This legislation, the Cortese -Knox - Hertzberg Local Government Reorganization Act of 2000, marked the most significant reform to local government reorganization law since the 1963 statute that created a local agency formation commission in each California county. Section 56430 of the Government Code now requires that a review of the municipal services provided to the particular area be conducted in order to update any sphere of influence in accordance with Section 56425. LAFCOs must prepare a written statement of its determinations for each agency with respect to each of the following: 1. Infrastructure needs or deficiencies; 2. Growth and population projections for the affected area; 3. Financing constraints and opportunities; 4. Cost -avoidance opportunities; 5. Opportunities for rate restructuring; 6. Opportunities for shared facilities; 7. Government structure options, including advantages and disadvantages of consolidation or reorganization of service providers; 8. Evaluation of management efficiencies; and 9. Local accountability and governance. In conducting MSRs, LAFCOs must comprehensively review all of the agencies that provide the identified service or services within the designated geographic area. In addition, service reviews must be conducted before (or in conjunction with, but no later than) establishing or updating a sphere of influence (SO]). The Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 also requires the LAFCO to update the SOls for all applicable jurisdictions in the county by January 1, 2006. As listed above, the Cortese -Knox -Hertzberg Act identifies nine factors to be addressed when conducting an MSR. For each factor, information is gathered and analyzed, with written determinations prepared for LAFCO's consideration. The following paragraphs list each factor and provide information about the required analysis. DETERMINATION 1: INFRASTRUCTURE NEEDS AND DEFICIENCIES Purpose: To evaluate the infrastructure needs and deficiencies in terms of supply, capacity, condition of facilities, and service quality. PAR1a430\Draft\So. Coachella Valley\1.0 intro.doc 1-2 LSA ASSOCIATES. INC. MUNICIPAL SERVICE REVIEW MARCH 2005 RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION 1.0 INTRODUCTION TO MUNICIPAL SERVICE REVIEWS LAFCO is responsible for determining that an agency is reasonably capable of providing needed resources and basic infrastructure to serve areas within the agency's boundary and in any possible annexation areas. It is important that such findings of infrastructure and resource availability occur when revisions to the City's sphere of influence occur, or, as in this case, during the mandated MSR. In the case of this Service Review, it is prudent to evaluate the present and long-term infrastructure demands and resource availability of the jurisdiction. This is accomplished by evaluating (1) the resources and services that are available, and (2) the expansion of such resources and services in line with increasing demands. DETERMINATION 2: GROWTH AND POPULATION PROJECTIONS FOR THE AFFECTED AREA Purpose: To evaluate service needs based upon existing and anticipated growth patterns and population projections. The efficient provision of municipal services is linked to the ability to plan for future need. For example, existing and future levels of demand for services must be prepared to plan for the expansion of infrastructure and to be able to determine where future demand will occur. Growth and population projections data will allow for the verification that there is adequate capacity or supply to serve the existing and future residences and businesses and ensure that projections for future growth and population patterns are integrated into the planning function. DETERMINATION 3: FINANCING CONSTRAINTS AND OPPORTUNITIES Purpose: To evaluate a jurisdiction's capability to finance needed improvements and services. LAFCO is responsible for evaluating the ability of the agency to pay for improvements or services associated with growth. The planning can begin at the SOI stage by identifying infrastructure and maintenance needs associated with future annexations and development, and identifying limitations on financing such improvements, as well as opportunities that exist to construct and maintain those improvements. DETERMINATION 4: COST -AVOIDANCE OPPORTUNITIES Purpose: To identify practices or opportunities that may help eliminate unnecessary costs. LAFCO is responsible for evaluating cost -avoidance opportunities including, but not limited to, the following: Eliminating duplicative services; • Reducing high administration -to -operation cost ratios; • Replacing outdated or deteriorating infrastructure and equipment; • Reducing inventories of underutilized equipment, building, or facilities; • Redrawing overlapping or inefficient service boundaries; • Replacing inefficient purchasing or budgeting practices; P:\Rla430\Draft\So. Coachella Valley\1.0 Intro.doc 1-3 ' �� v LSA ASSOCIATES. INC. MUNICIPAL SERVICE REVIEW MARCH 2005 RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION 1.0 INTRODUCTION TO MUNICIPAL SERVICE REVIEWS • implementing economies of scale; and • Increasing profitable outsourcing. DETERMINATION 5: OPPORTUNITIES FOR RATE RESTRUCTURING Purpose: To identify opportunities to impact rates positively without decreasing service levels. When applicable, the MSR will review agency rates, which are charged for public services, to examine opportunities for rate restructuring without impairing the quality of service. Agency rates will be analyzed for conditions that could affect future rates and variances among rates, fees, taxes, charges, etc., within an agency. DETERMINATION 6: OPPORTUNITIES FOR SHARED FACILITIES Purpose: To evaluate the opportunities for a jurisdiction to share facilities and resources to develop more efficient service delivery systems. Public service costs may be reduced and service efficiencies increased if service providers develop strategies for sharing resources. Sharing facilities and excess system capacity decreases duplicative efforts, may lower costs, and minimizes unnecessary resource consumption. The MSRs will inventory facilities within the study area to determine whether facilities are currently being utilized to capacity and whether efficiencies can be achieved by accommodating the facility needs of adjacent agencies. Options for planning for future shared facilities and services will be considered. DETERMINATION 7: GOVERNMENT STRUCTURE OPTIONS Purpose: To consider the advantages and disadvantages of various government structures to provide public services. The purpose of considering options for the structure of governance when reviewing a sphere of influence is to identify opportunities for increased efficiency in the provision of services, which lead to savings to both the service provider and the consumer. The MSR will provide a tool to study comprehensively existing and future public service conditions and to evaluate organizational options for accommodating growth and ensuring that critical services are efficiently and cost-effectively provided. DETERMINATION 8: EVALUATION OF MANAGEMENT EFFICIENCIES Purpose: To consider the management structure of the jurisdiction. Management efficiency refers to the effectiveness of an internal organization to provide efficient, quality public services. The MSR will evaluate management efficiency by analyzing agency functions, operations, and practices, as well as the agency's ability to meet current and future service demands. Services will be evaluated in relation to available resources and consideration of service provision constraints. PARIAMDraft\So. Coachella Valley\1.0 Intro.doc 1-4 "I J,:ti 2 LSA ASSOCIATES. INC. MUNICIPAL SERVICE REVIEW MARCH 2005 RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION 1.0 INTRODUCTION TO MUNICIPAL SERVICE REVIEWS DETERMINATION 9: LOCAL ACCOUNTABILITY AND GOVERNANCE Purpose: To evaluate the accessibility and levels of public participation associated with the agency's decision making and management processes. LAFCO is responsible for evaluating the degree to which the agency fosters local accountability. Local accountability and governance refer to public agency decision making and operational and management processes that: Include an accessible and accountable decision making body and agency staff; • Encourage and value public participation; • Disclose budgets, programs, and plans; • Solicit public input when considering rate changes and work and infrastructure plans; and • Evaluate outcomes of plans, programs, and operations and disclose results to the public. Since existing law requires SOIs to be updated every five years and MSRs must be completed for SOI updates, MSRs should be updated at least every five years. Therefore, the planning horizon for this MSR will be five years from the adoption of the sphere update in 2005. Pursuant to this requirement, Riverside County LAFCO has proceeded with a two-phase work plan. The first phase consisted of the review of public agencies that provide water and/or wastewater services. The first phase has been completed for the southern Coachella Valley area. This MSR document is the second phase, and addresses the remaining municipal services that are provided by cities, special districts, and county service areas in the southern Coachella Valley area, as defined by Riverside LAFCO. For comparison purposes, different geographical areas are referenced within this document. These geographical areas have been referred to by Council of Government (COG) areas. COGs are associations that represent local governments, mainly cities and counties, within a geographical area. COGS assist with municipal issues that- can be addressed in a subregional or regional context. Specifically, the two COGS referenced within this document are Western Riverside Council of Governments (WRCOG) and Coachella Valley Association of Governments (CVAG). WRCOG represents the western portion of the county, including fourteen cities and many unincorporated areas. Calimesa is WRCOG's northernmost city, while Temecula is its southernmost. Likewise, Corona is WRCOGs westernmost city, while Banning is its easternmost. CVAG represents the eastern portion of the county, including 10 cities and many unincorporated areas. Desert Hot Springs is CVAG's northernmost city, Palm Springs is its westernmost, and Blythe is both its southern- and easternmost. 1.1 GENERAL DETERMINATIONS FOR THE SOUTHERN COACHELLA VALLEY AREA The service review process has identified areas of improvement that are beyond the scope of Riverside LAFCO's authority. Projections of population growth are important for efficient planning for future service provision. Projections are provided by the Southern California Association of P:\Rla430\Draft\So. Coachella Valley\1.0 Intro.doc f 1-5 LSA ASSOCIATES. INC. MUNICIPAL SERVICE REVIEW MARCH 2005 RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION 1.0 INTRODUCTION TO MUNICIPAL SERVICE REVIEWS Governments (SCAG) and by some of the individual agencies. While there are some similarities among the agencies in source and methodology, the service review found differences in population projections, which make estimates of future service demands more difficult. In addition, current population estimates and future projections for the boundaries of special districts are not provided by regional agencies. Therefore, special districts do not have this planning data, unless the districts create a methodology and devote staff to generation of population data and future projections. Development of standard methods for generation of population projection data, a localized component as part of the methodology, as well as a means to prepare projections for special districts, would benefit the overall long-term planning for service provision. During the mapping for this MSR, another potential opportunity for cost avoidance was noted that involved duplicate and inconsistent GIS systems. Many of the agencies, including Riverside County, have GIS systems. A considerable amount of the same data is contained within each of these databases. However, this data has become inconsistent due to the lack of coordination between agencies and because databases are not consistently updated. While beyond the scope of LAFCO's authority, Riverside County agencies should consider a closer coordination of all the GIS systems as a means of reducing costs. While it might be infeasible for one agency to maintain all GIS data, a designated agency for specific type of data (i.e., boundaries and SOIs) might reduce costs. It is suggested that agencies within the County coordinate information and resources to develop a GIS system that would be the "official" regional source of information for agencies. P:Ma430\Draft\So. Coachella Valley\1.0 Intro.doc 1-6 ATTACHMENT #2 LSA ASSOCIATES. INC. MUNICIPAL SERVICE REVIEW MARCH 2005 RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION 4.0 THE CITY OF LA OUINTA 4.0 THE CITY OF LA QUINTA The following municipal services are discussed within this MSR: • Law Enforcement and Fire Protection (via contract with the County) • Solid Waste (via contract) • Stormwater Drainage • Roads and Circulation • Parks and Recreation • Animal Control 4.1 LOCATION, ADMINISTRATION, MANAGEMENT, AND OPERATIONS The City of La Quinta (City) is located at the base of the Santa Rosa Mountains, approximately 120 miles east of Los Angeles in the Coachella Valley. There are approximately 22,792 acres in the City limits, and approximately 119 acres in the sphere of influence, as shown in Figure 4.1. The City incorporated in 1982 as a general law city and became a charter City in November of 1996. The City has a Council -Manager form of government. The City Council is comprised of five elected members who meet the 1 st and 3rd Tuesday of each month at 2:00 p.m. at the City Hall (Figure 4.2). These meetings are open to the public and agendas are posted priorto each meeting. In addition, the City maintains a Web site that provides information regarding City business and officials. The City also communicates with residents via an annual newsletter, a local infomercial, and a City calendar. The City's annual budget adoption process begins when the City Departments submit expenditure requests to the Finance Department in April, which are then analyzed in depth at departmental meetings with the City Manager along with revenue projections. The proposed preliminary budget is then developed and presented to the City Council. After review and direction by. the City Council, revisions are made and the Final Budget is proposed for adoption in July. The City has received awards from both the California Society of Municipal Finance Officers and the Government Financial Officers Association for outstanding financial reporting. The City's revenue sources include: • City Property Taxes: Fiscal Year 2004-2005 property tax revenues are expected to increase by 8.5 percent based upon new construction and increased valuations of existing properties. PAR1a430\Draf1\So. Coachella Valley\4.0 La Quinta.doc 4-1 J K .J i t J+ G (.7 O J Y a= a c V ti _ ('V rn v u1 ca r u7 ( f 1 IS u cti 46 1 U I re _ a C n — vOp y 1 I • cq « enrG O) a z z z y Ofi _ { Tyler u C C C ... !� 1', @ ". ^. q ;n m 0 0_ 2u. L w r: • " « to Ci ,a 1 �.� as • 1 { uM.o. sure MadWon litreYt ♦Y• N N g3 3 < .IaRarY411 $Irrl v $ Y f a Adams Stnat t Qd Washington Strrt (V O nids Ilk — mu 1 Calls Rondo '), V" Washington SVast ew} N n 4 AVON& Mnndd" ii w u EWnMwar DAw !s o ie $" LSA ASSOCIATES. INC. MUNICIPAL SERVICE REVIEW MARCH 2O05 RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION 4.0 THE CITY OF LA QUINTA • Transient Occupancy Tax • Sales Tax • Building Permits • Motor Vehicle In -Lieu • Franchise Fee: Fiscal Year 2004-2005 Franchise Fee revenues will be 33 percent higher. The increase is mainly due to an increase in the population and corresponding increases in franchise revenues. The 2004-2005 budget stated that because of increasing growth within the City, the total building permit valuation came to more than $308 million in 2003, which surpassed the City's previous record set in 2000. In addition, the budget states that revenues from property and sales taxes are expected to increase this year as more new homes are constructed, property values continue to rise, and additional retail stores open for business. In addition to the budget, the City adopts a five-year CIP, which is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes benefit to the public. The CIP is updated annually and can be amended at any time based upon revenue availability and changes in project priorities. Projects within this year's CIP include: street, drainage, traffic signals, sound walls, landscaping and lighting, City facilities, and park improvements. In the CIP, each of these projects are described in brief detail, including a description of the project, the location of the project, a breakdown of the estimated project cost, the revenue sources proposed to be used to fund the project. To finance many improvements, the City has issued debt. The use of debt has become a primary issue in the development of the CIP. The City has issued $203.2 million in original bond issues to fund streets, sewers, City facilities, and infrastructure projects. The City has adopted an investment policy that directs the City to invest public funds in a manner that will provide a diversified portfolio with safety as the primary objective while meeting daily cash flow demands with the highest investment returns. Management of the City's investment program is delegated to the City Treasurer, who submits a monthly Treasurer's Report to the City Council and the Investment Authority Board. The report provides an update regarding all cash and investments. In order to avoid unnecessary costs, the City has adopted a purchasing policy. The policy states that purchases under $1,000 need to be approved by the Department head; however, no purchase order is needed. For purchases between $1,00042,500, a purchase order is required, but no bidding procedure is required. For purchases between $2,501425,000 a purchase order is required and a bidding procedure is required. For purchases over $25,000, a purchase order and a formal sealed bid procedure is required. The City is a member of the California Joint Powers Insurance Authority (CJPIA), which allows the City to receive long-term insurance rate stability and receive lower rates than it would be able to obtain without the Authority. The City has a history of applying for grants*to fund recreation and community services. The City has applied for and received several grant awards, including SB 821, Department of Conservation, P:\Rla430\Draft\So. Coachella Valley\4.0 La Quinta.doc 4-4 A LSA ASSOCIATES. INC. UUN1CIPAL SERVICE REVIEW MARCH 2005 RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION 4.0 THE CITY OF LA OUINTA Bicycle Transportation Account grant, COLMAC Air Quality Enhancement grant, Safe Neighborhood Park Bond Act grants, Safe Routes to School grant, Law Enforcement grants, and MSRC PM10 Reduction grants. In an effort to increase the efficiency of employees and streamline processes, the City upgrades equipment as necessary. For example, copy equipment has been converted to digital format and new permit software programs were implemented. 4.2 POPULATION AND GROWTH The California Department of Finance estimates the City's 2004 population to be 32,522. In the ten . years between 1990 and 2000, the City population increased 111.27 percent, from 11,215 to 23,694. During the same ten-year period, the housing stock increased 83.82 percent, from 6,426 to 11,812 units. Tables 4.A through 4.0 show past population and housing growth in the City, southern Coachella Valley, and the County as a whole. As can be seen, the City's growth between 1990 and 2000 was much higher than the average growth among southern Coachella Valley cities and the County as a whole. Table 4.A: Cite of La Quinta Population and Housing (1990, 2000, 2004) Year I Po ulation Annual Percent I Change Annual Percent Housing Change 1990 11,215 — 6,426 — 2000 23,694 11.13 11,812 382004 32,522 9.31 15,942�18�3 74 Source: State of California, Department of Finance, E-5 City/County Population and Housing Estimates, 2004, Revised 2001-2003, with 2000 DRU Benchmark. Sacramento, California, May 2004. Table 4.13: Total Incorporated' Population and Housing in the Southern Coachella Valley (1990.12000, 2004) Year Population Annual Percent I ( Change Housing_. Annual Percent Change 1990 64,961 — 23,306 — 2 95,534 4.71 33,745 4.488 2000 004 119,310 6.22 42,021 6.13 Source: State of California, Department of Finance, E-5 City/County Population and Housing Estimates, 2004, Revised 2001-2003, with 2000 DRU Benchmark. Sacramento, California, May 2004; City/County Population and Housing Estimates, 1991-2000, with 1990 Census Counts. I Coachella, Indio, and La Quinta PARla430\DraR\So. Coachella Valley\4.0 La Quinta.doc 4-5 jrirf L LSA ASSOCIATES, INC. MARCH 2O05 MUNICIPAL SERVICE REVIEW RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION 4.0 THE CITY OF LA QUINTA Table 4.C: Total Riverside County Population and Housing (1990, 2000, 2004) Annual Percent i Annual Percent Y ear Population I Change I HousingChange 1990 1,170,413 — 483,847 — 2000 1,545,387 3.2 5841674 2.1 2004 1,776,743 _ i 3.7 659,795 3.2 < <• if, 13lohnn nnil Pmic,no Fctimatec 2004 Revised Source: State of California, Department of rrnance, E:-J %_1Ly1%_VU"Ly • �r.-••-••�•• -••_ ________o 2001-2003, with 2000 DRU Benchmark. Sacramento, California, May 2004; City/County Population and Housing Estimates, 1991-2000, with 1990 Census Counts. Housing Inventory As shown in Table 4.D, the California Department of Finance estimates that there were 15,942 dwelling units within the City in 2004. Of these dwelling units, over 82 percent are detached single- family homes, 1.6 percent are mobile homes, and just over 4 percent are located in structures of 5 or more units. As shown, the County has a much higher percentage of higher -density dwelling units. Table 4.1): Composition of the Housing Stock (2004) Housing Type Cite of La Quinta Riverside County Number of Units Percentage Number of Units Percentage le-Family, Detached 13,164 82.6 423,351 64.2 le -Family, Attached 1,448 9.1 42,511 6.4 V2-to4-Unit Structure 386 2.4 30,890 4.7 More Unit Structure 685 4.3 79,859 12.1 Mobile Home 259 1.6 83,184 12.6 TOTAL i 15,942 100.0 659,795 i 100.0 Source: State of Calitornia, Department of rrnance, c-J l.I►y«.,U11,. J -ram•-••-•• �• •• - __________, __ 2001-2003, with 2000 DRU Benchmark. Sacramento, California, May 2004. Average Household Size The 2000 Census reports that there were 8,393 households in the City, with an average household size of 2.81. Of these households, it is estimated that 6,539 (77.9 percent) were family households, while 1,408 households (16.8 percent) were individuals living alone. The balance of the-City's households was comprised of nonfamily households with more than one occupant. The City's existing population per household as identified in the 2000 Census (2.81) is the lowest, compared to the County and the other Southern Coachella Valley cities: Riverside County (2.99) Indio (3.46) Coachella (4.76) M P:\Rla430\Draft\So. Coachella Valley\4.0 La Quinta.doc 0 LSA ASSOCIATES. INC. UUN1C1PAL SERVICE REVIEW MARCH 2O05 RIVERSIDE COUNTY LOCAL AGENCY FORLATION CODUISSION 4.0 THE CITY OF LA OUINTA The most recent projections adopted by SCAG show the County's population per household decreasing to 2.88 by 2030. However, the City's population per household is projected by SCAG to increase slightly from 2.81 in 2000 to 2.93 in 2030. Growth Projections The most recent growth projections adopted by SCAG indicate that the City's population growth between 2010 and 2030 is expected to be 785 persons annually. The growth projections adopted by SCAG are shown in Tables 4.E through 4.G. As shown, growth in the City is projected by SCAG to be lower than growth within CVAG and the County as a whole. These projections may be low considering that the City is expecting growth in 2004/2005 to consist of 500 2,600-square-foot homes and 100,000 square feet of commercial uses. As mentioned previously, the City has one small SOI area that totals 119 acres. This area is adjacent to the existing City limits and represents a logical expansion of the City's services. The City currently has large areas of undeveloped land, which will accommodate more than SCAG's projected growth. The City's 2002 General Plan has analyzed growth in relation to build out of the City and has determined that the build out of the City could result in the total of 60,460 dwelling units and 160,457 residents within both the City limits and the SOI area. In addition, the City is currently pursuing an expansion of its SOI to the east. This SOI expansion appears to have a large amount of landowner support. Table 4.E: SCAG's Growth Projections for the City of La Quinta (2010-2030) Year Population Households Employment 2010 41,176 14,466 10,244 2020 49,295 16,953 13,834 2030 56,866 19,427 17,567 Annual Growth Rate 1.91 % 1.71 % 3.57% Source: SCAG RTP, April 2004 Table 4.F: SCAG's Growth Projections for the CVAG Area (2010-2030) Year Population Households Employment 2010 470,827 164,169 186,124 2020_ _ _ 2030 ' _ 607,149 730,001 _ _ 216,311 _ 267,612 _ _ 227,494 270,336 [-Annual Growth Rate 1 2.75% 3.15% 2.26% Source: SCAG RTP, April 2004 P:\Rla430\Draft\So. Coachella Valley\4.0 La Quinta.doc 4-7 n. 0�.�� LSA ASSOCIATES, INC. UUN1CIPAL SERVICE REVIEW MARCH 2O05 RIVERSIDE COUNTY LOCAL AGENCY FORUATION CODUISSION 4.0 THE CITY OF LA QUINTA Table 4.G: SCAG's Growth Projections for Riverside County Growth Projections (2010- 2030) Year Population I Households Employment 2010 2,085,432 685,775 727,711 2020 2,644,278 907,932 954,499 2030 3,143,468 1,127,780 1,188,976 Annual Growth Rate 2.54% 3.22% 3.17% Source: SCAG RTP, April 2004 4.3 LAW ENFORCEMENT The City contracts with the Riverside County Sheriff's Department for law enforcement services. The Sheriff's station, which is located at 82-695 Carreon Drive in Indio, has been providing law enforcement services to the City since 1982. This station also provides law enforcement services to the City of Coachella, the Southern Coachella Valley Community Services District, and other nearby unincorporated areas. The Department also has a Community -Oriented Policing Office, which is located at 51351 Avenida Bermudas in the City. This facility provides deputies a place to write reports and complete administrative tasks while remaining in the City. Likewise, this facility provides residents a local place to discuss law enforcement business. As discussed previously, the southern Coachella Valley is currently and projected to continue being a high -growth area. The Department evaluates capital needs that result from growth on an ongoing basis. Indicators of the need for new personnel and facilities are provided by analysis of the number of service calls, response times, and population growth. This data is indicative of the level of service within the community. The Department also reviews proposed development projects and provides the approving agency information regarding impacts of the new development upon law enforcement services. The pattern or location of growth also impacts services. In response to changing growth patterns, the Department changes "Beats" as necessary in order to meet. the service demands in different areas. The current operations of the Department have far outgrown the existing Indio Sheriff's station, which provides services to the City. The current facility has insufficient parking, storage, evidence areas, and personnel facilities. Due to this situation and projected growth within the area, the Department is in the process of expanding infrastructure to meet service demands. A substation is currently under construction in Mecca. This facility is expected to be completed in mid-2005. In addition, the Department is planning a new station in the Thermal area. The new station will consist of 45,000 square feet, with a 20,000-square-foot evidence warehouse and a 10,000-square-foot forensics support facility. This facility will support Department operations throughout the Coachella Valley. This new facility has the potential to be shared among several agencies, such as the Bureau of Land Management, Child Protective Services, and the Probation Department. Through the contract for services, the City sets the level of service that meets the needs of the community. The City considers a ratio of one deputy per 1,000 residents a desirable staffing level. Currently, the staffing level is slightly higher than this objective. At this time, three Sheriff units are assigned to the City, each of which consists of either one or two deputies, depending on the work shift C.)r) 4.qrw P:\Rla430\Draft\So. Coachella Valley\4.0 La Quinta.doc . 4-8,. LSA ASSOCIATES. INC. MUNICIPAL SERVICE REVIEW MARCH 2O05 RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION 4.0 THE CITY OF LA QUINTA and time of day. Therefore, there may be up to six deputies on duty in the City at a given time. The personnel provided to the City include the following: • Twenty-one patrol officers • School Resource Officer: high school and middle school • Three Investigators • Two Dedicated Patrol Sergeants • Three Direct Support Sergeants • Gang Task Force Deputy • Narcotics Task Force Officer • Four -person Special Enforcement Team Three Community Service Officers • One hundred two patrol hours per day • Three Motorcycle Officers • Traffic Collision Reconstruction Unit In 2003, the Indio Sheriff s Station received 53,897 calls for service. These calls were spread throughout the Station's service area and were not all located within the.City boundaries. Response times are divided by priority. Examples of each Priority call are as follows: Priority 1 calls are life - threatening service calls; Priority 2 calls can be car accidents with unknown injuries; Priority 3 calls can be burglary reports; and Priority 4 calls can be delayed reporting of assault or injuries. This station's average response times are similar to those of other Sheriffs stations and are listed below. In addition, Table 4.14 lists the City's crime report statistics Based on 2002 Federal Bureau of Investigation Crime Reports, which are the most recent available, the City of Coachella's crime level was worse than the national average. • Priority 1 calls: 6.00 minutes • Priority 2 calls: 9.54 minutes • Priority 3 calls: 11.74 minutes • Priority 4 calls: 12.92 minutes 6 P:\RIa430\Draft\So. Coachella Valley\4.0 La Quinta.doc 4-9 LSA ASSOCIATES. INC. MUNICIPAL SERVICE REVIEW MARCH 2O05 RIVERSIDE COUNTY LOCAL AGENCY FORWATION COMMISSION 4.0 THE CITY OF LA QUINTA Table 4.14: City of La Quinta Uniform Crime Report Statistics (2004) Crime July 2004 July 2003 YTD 2004 YTD 2003 Homicide 1 0 1 1 Forcible Rae 3 0 3 2 Robbery 0 1 9 10 Aggravated Assault _—_ — _ _ Burglar y 8 ----2 35 29 57 37-- 295 205 Larcen /Theft 97 41 557 475 Motor Vehicle Theft 10 15 90 78 Arson 1 1 0 2 1 The Riverside County Sheriff's Department has mutual aid agreements with all of the local law enforcement agencies within both the entire County and within the Coachella Valley area, including the City of Indio Police Department. In addition, the Department coordinates with the State Office of Emergency Services to provide and receive Statewide mutual aid when necessary. 4.4 FIRE PROTECTION Fire protection services for the City are provided under contract by the Riverside County Fire Department. The City began contracting with the Riverside County Fire* Department for fire and emergency services in 1985. The City is a part- of the Integrated Fire Protection system, where calls from the Cities of Coachella, Indio, Indian Wells, and La Quinta are dispatched by the same dispatch center. In addition, the City receives many services such as administration, personnel, finance, dispatch, fire prevention, hazardous materials, training, emergency services, and arson investigation. Table 4.I below lists the fire stations and equipment that serve the City. Table 4.1: Fire Stations and Equipment Serving the City of La Quinta Station Equipment I Personnel Station 32 2 Triple Combination Engines 3 Fire Captains, 6 Fire 78136 Frances Lane 1 Rescue Squad Apparatus Engineers, 1 Fire Apparatus Engineer Paramedic, 9 Firefighter II, 5 Firefighter II Paramedics Station 70 2 Triple Combination Engines 54001 Madison Avenue and 20 active volunteers Station 93 1 Triple Combination Engine 44-555 Adams Street P:\Rla430\Draft\So. Coachella Valley\4.0 La Quinta.doc `' 4 o LSA ASSOCIATES. INC. UUNICIPAL SERVICE REVIEW MARCH 2O05 RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION 4.0 THE CITY OF LA QUINTA Fire Stations 32 and 70 responded to over 1,870 calls in 2003. The number of calls for Station 93 is not tracked by the Department. The calls are broken down by station response and listed below. Station 32: 1,258 Station 70: 598 Demographic data indicates that approximately 35 percent of the City meets the criteria for urban response from the fire department. The remainder of the City is considered rural or outlying. The City currently meets the full -alarm response criteria. The City's future needs for fire service are based on response times, number of calls, and the number of dwelling units. As dwelling unit density increases, response times are reduced. The Fire Department has no plans to expand the number of fire stations in the next two to five years. 4.5 SOLID WASTE The City contracts with Waste Management, Inc. to provide solid waste services within the City. Service to the City is based on a franchise agreement that is negotiated every five years. Both residential and commercial services are available. Residential pickup is once a week, while commercial pickup may be up to six times a week. The solid waste that is collected within the City is hauled to the Arvin Sanitary Landfill, Badlands Disposal Site, Edom Hill Disposal Site, Lamb Canyon Disposal Site, and Puente Hills Landfill No. 6, which are operated by various Waste Management Departments. These facilities are Class III landfills that accept construction/demolition waste, dead animals, and mixed municipal refuse. The Arvin Sanitary Landfill is located at 5500 North Wheeler Ridge Road, about one and one-half miles south of State Route 223 (Bear Mountain Road). It is approximately 233 miles north of the City and encompasses 170 acres and is permitted to accept 800 tons per day. The operator is the Kern County Waste Management Department, and the estimated closure date of this facility is December 31, 2008. The Badlands Disposal Site is located at 31125 Ironwood Avenue in the City of Moreno Valley just north of the State Highway 60 and State Highway 79 junction. It is approximately 62 miles northwest of the City and encompasses 1,093 acres. The facility is permitted to accept 4,000 tons per day. The operator is the County of Riverside Waste Management Department, and the estimated closure date of this facility is January 1, 2018. The Edom Hill Disposal Site is located at 70-100 Edom Hill Road in the City of Cathedral City, north of Interstate 10. It is approximately 21 miles northwest of the City and encompasses 655 acres. The facility is permitted to accept 2,651 tons per clay. The operator is the County of Riverside Waste Management Department, and the estimated closure date of this facility is November 1, 2004. The Lamb Canyon Sanitary Landfill is located at 16411 State Highway 79, in the City of Beaumont, west of State Highway 79. It is approximately 54 miles west of the City and encompasses 353 acres. The facility is permitted to accept 3,000 tons per day. The operator is the County of Riverside Waste Management Department, and the estimated closure date of this facility is January 1, 2023. P:\Rla430\Draft\So. Coachella Valley\4.0 La Quinta.doc 4-1 12 5- LSA ASSOCIATES. INC. MUNICIPAL SERVICE REVIEW MARCH 2O03 RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION 1.0 THE CITY OF LA QUINTA The Puente Hills Landfill No. 6 is located at 2800 South Workman Mill Road in the City of Whittier, south of State Highway 60. It is approximately 115 miles west of the City and encompasses 1,365 acres. The facility is permitted to accept 13,200 tons per day. The operator is the County Of Los Angeles Sanitation Districts, and the estimated closure date of this facility is October 31, 2013. Waste Management has begun to evaluate other potential disposal sites due to the impending closure of the Edom Hill Landfill. Some of the alternatives being considered include the Eagle Mountain, Badlands, Lamb Canyon, and the El Sobrante landfills. In 2000, the City disposed of 38,368 tons of solid waste. The CIWMB indicates that the solid waste disposal generation factor for the City is 2 pounds per resident per day and 20.4 pounds per employee per day. Diversion rates are defined as the percentage of total solid waste that a jurisdiction diverted from being disposed in landfills through reduction, reuse, recycling, and composting programs. In February 2002, the CIWMB adopted a diversion rate of 50 percent for 2000. Per the CIWMB, the City has exceeded this goal and had a 58 percent diversion rate in 2002, which is the most recent data posted. Solid Waste Rate Comparison When the City and Waste Management originally negotiated their service agreement, the rates for services were part of the negotiation. Additionally, rate increases are predetermined and set within the franchise agreement. Rates are revised annually and increases are based upon cost -of -living increases and landfill fees. Waste Management also provides billing services to refuse customers within the City limits. The City has a flat rate for residential solid waste services and commercial rates are based on the refuse bin size and by number of pick-ups per week. Table 43 compares La Quinta's solid waste rates and those of nearby jurisdictions within the southern Coachella Valley. As shown, the rates for solid waste services are very similar among these agencies. Table 4.3: Monthly Solid Waste Rates La Quinta Coachella j Indio j So. Coachella CSD Residential $1 l .97 $13.54 $12.32 $13.65 Dependent upon I Dependent upon bin Dependent upon Dependent upon bin Commercial bin size and size and frequency bin size and size and frequency and Industrial frequency of of pickup ($47.51— frequency of of pickup pickup 11,075)pickup ($731.85 +) 4.6 STORMWATER DRAINAGE The Coachella Valley Water District operates and maintains regional stormwater management facilities within the City, including the Coachella Valley Stormwater Channel, the La Quinta Evacuation Channel, and a system of storm drainage retention and detention basins. These facilities are designed to accommodate and direct regional stormwater flows safely through the City. The management of local drainage is the responsibility of the City. The City's drainage system currently consists of a network of recently retrofitted storm drains within the rights -of -way of streets, �r P:\Rla430\Draft\So. Coachella Valley\4.0 La Quinta.doc 4-12 _ 4 UUNIC1PAL SERVICE REVIEW LSA ASSOCIATES, INC. RIVERSIDE COUNTY LOCAL AGENCY FORMATION CODUISSION UARCH 2O05 4.0 THE CITY OF LA QUINTA ranging from 18 to 60 inches in diameter. In addition, the City maintains six all-weather bridge crossings within the City limits. Since its incorporation, the City has required that new development construct on -site retention and/or detention basins capable of managing 100-year stormwater flows. Development that is immediately adjacent to the Coachella Valley Stormwater Channel has the option of conveying runoff directly into this facility. 4.7 ROADS AND CIRCULATION The roadway network within the City contains 11.4 miles of paved surfaces, including 73 miles of 8 local streets, 2.1 miles of collector streets, and 43.3 miles of arterial streets. There is a total of over 25,700,000 square feet of pavement. Interstate 10, State Highway 111, and State Highway 86 traverse the City. Direct access between the City and Interstate 10 is currently provided by the Washington Street and Jefferson Street interchanges. State Highway 111 has become an important intraregional corridor serving the Coachella Valley cities. This Highway routinely accommodates a high volume of pass -through trips originating outside the City limits. LOS C has long been considered by the City to be the desirable and optimal level of traffic volume on any given roadway. However, it represents a standard that is progressively more difficult and costly to achieve in the City because of recent growth. For peak operating periods, LOS D and/or a maximum volume -to -capacity ratio of 0.90 is now considered by the City to be the generally acceptable level of service. Within the CIP, the City has planned for many different roadway projects. Many of these have been necessitated due to recent growth. Two notable projects include: • Highway 111 Improvements: The City is working with CVAG on roadway segment improvements within the City. • Eisenhower Drive improvements: The project includes widening the existing bridge and installation of landscaping, perimeter walls, and retaining walls. The City has also adopted a Pavement Management Program, which provides a current inventory for the roadways (with condition and preservation requirements) and a forecasting of financing needs. Per the Pavement Management Program, the overall condition of the City's roads is excellent. The Program has developed strategies to avoid the deterioration of pavement and reduce maintenance in the future. These strategies involve using crack sealing, patching, slurry sealing, and reconstruction. The City's Master Environmental Assessment (2002) states that only a partially developed system of sidewalks and bicycle lanes exists. In some locations, their construction has been inconsistent and disjointed. The City has planned and dedicated a system of multiuse trails extending throughout much of the City. A total of approximately 56 miles of trails have been planned; however, many of 4-13 P:\Rla430\Draft\So. Coachella Valley\4.0 La Quinta.doc J �.. LSA ASSOCIATES. INC. MUNICIPAL SERVICE REVIEW ]MARCH 2005 RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION 4.0 THE CITY OF LA QUINTA the City's trails are not yet marked or fully improved. Most proposed bicycle trails and facilities will be developed in conjunction with new development projects. Transit The SunLine Transit Agency provides public transit service within the City. SunLine's entire fleet consists of buses powered by compressed natural gas. Buses are also equipped with wheelchair lifts and bike racks. Four routes provide service to the City. In addition, SunLine provides the "Sun Dial" service, consisting of a fleet of small buses providing curb -to -curb service from home to destination. The service is offered to disabled riders and is wheelchair accessible. 4.8 PARKS AND RECREATION The City owns, operates, and maintains many different parks and recreational facilities within the City. The City also has planned a number of new parks to serve the future needs of its growing population. Both existing and planned park and recreation facilities are shown in Table 4.K. In addition, the Coachella Valley Park and Recreation District and the County provide facilities within the City as shown in Table 4.L. P:\Rla430\Draft\So. Coachella Valley\4.0 La Quinta.doc 4-14 LSA ASSOCIATES. INC. MUNICIPAL SERVICE REVIEW MARCH 2O05 RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION 4.0 THE CITY OF LA QUINTA Table 4.K: City of La Quinta Parks and Recreational Facilities Park Facility Amenities Acrea e Adams Park Children's play area, picnic tables, walking/hiking path, water feature 2.8 Bear Trail Picnic tables, walking/hiking path _ 4.7_ _Creek Civic Center _ Campus Picnic tables, walking/hiking path, water feature 17.67 Cove Oasis Trailhead Picnic tables, walking/hiking path 8.33 Desert Club Manor Park Children's play area, picnic tables, walking/hiking path 1.06 Desert Pride Park Children's la area, picnic tables, walkin /hikin path 3.0 Eisenhower Park Children's play area, picnic tables, walking/hiking ath 0.66 Fritz Burns Park Barbecue, children's play area, picnic tables, restroom, tennis court, water feature, skate park, dog park 7.7 La Quinta Park Barbecue, ballfields, basketball, children's play area, picnic table, restroom, soccer field, walking/hiking path, water feature 18.16 La Quinta Senior Center Restroom 10,000 sf Monticello Park Children's la area, picnic tables 4 Season's Park Children's play area 1.41 Sports Complex Ballfields, children's play area, picnic tables, restroom, soccer field 15.54 Velasco Park Children's play area, picnic tables 0.45 La Quinta Library Restroom 20,000 sf La Quinta Museum Water feature 6.000 sf Proposed Parks Acreage _Miles Avenue Park 1.4 Bear Creek Park 35.9 P:\Rla430\Draft\So. Coachella Valley\4.0 La Quinta.doc 4-1 -*) JJ4 MUNICIPAL SERVICE REVIEW LSA ASSOCIATES. INC. RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION MARCH 2O05 6.0 THE CITY OF LA QUINTA Table 4.L: Additional Park and Recreation Facilities within La Quinta Park Facility Amenities Acreage I Agency La Quinta Barbecue, ballfields, basketball, 6.5 I Owner: CVRPD Community Park children's play area, picnic tables, Operator: CVRPD restroom Maintenance: CVRPD Fritz Burns Park Swimming pool facility (remainder Owner: City of La Quinta of the park is owned and maintained Operator: CVRPD by the City) Maintenance: CVRPD/ City of La Quinta Coral Mountain Nature trails, hiking, biking, 620 Owner: Bureau of Regional Park equestrian trails, picnic areas Reclamation Operator: CVRPD i Maintenance: CVRPD La Quinta Baseball field, amphitheater, Owner: CVRPD Community Center basketball courts, childcare Operator: CVRPD Maintenance: CVRPD Lake Cahuilla Hiking and equestrian trails, horse 845 Owner: County County Park camps, swimming pool, picnic Operator: County facilities, playgrounds, recreational Maintenance: County vehicle hookups, fishing. campin A multiuse trail system has been dedicated to provide recreational opportunities for pedestrians and cyclists. These trails will connect to the County's regional and community trails, which run through the City. Many of the County's trails are not yet fully dedicated and improved; however, this process will be undertaken as new development occurs. The City and the CVRPD have a joint use agreement for the La Quinta Community Park and the La Quinta Community Center. In addition, the CVRPD has a 25-year contract with the City to maintain and staff the City's swimming pool, located at the Fritz Burns Park at the corner of Avenida Bermudas and Avenue 52. These agreements, in addition to the provision of the facilities that are listed in Table 4.1-, at first glance may appear to be an overlapping of services. However, the CVRPD and the City have worked out a system of coordination to ensure a cooperative arrangement that efficiently utilizes available resources to provide services to area residents. Due to this arrangement, duplication of services does not exist. Continued coordination between the two agencies for future facilities and services is important to avoid any future duplication of services, and promote the continued efficient provision of services. The City implements Quimby Act fees to fund park facilities. The Quimby Act establishes a standard of 3.0 acres of parkland per 1,000 population. The City's General Plan and Parks and Recreation Master Plan has also adopted this standard. The City currently has 91.98 acres of parkland, not including the regional facilities. Based on the Department of Finance 2004 population information for the City (32,522), the City currently has 2.82 acres per 1,000 population, which is slightly lower than the City's objective. To meet the parkland objective, the City would need to develop additional parkland to meet both the existing and future needs. 30 - 4-10 PARla430\Draft\So. Coachella Valley\4.0 La Quinta.doc JJ�f LSA ASSOCIATES. INC. MUNICIPAL SERVICE REVIEW MARCH 2005 RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION 4.0 THE CITY OF LA OU1NTA In 1992 the City adopted a Parks and Recreation Master Plan. The Plan is designed to serve as a long-range planning document to accommodate anticipated growth. The Plan includes an implementation program that outlines prioritized development, along with estimated costs and potential sources of funding. The Plan includes a population and growth analysis. Recreation services within the City are provided through the CVRPD at the above facilities. Many different programs are provided for residents of all ages. Detailed information of these programs is included in Section 7.0. 4.9 LIBRARY The La Quinta Public Library is a branch of the Riverside County Library- System and is located at 79-080 Calle Estado. The library contains approximately 28,000 volumes, as well as a computer lab with ten computers connected to the internet and a reference section. The County strives to maintain 1.2 volumes and 0.5 square feet of library space per capita. This standard is used to help establish the adequacy of public library facilities 4.10 ANIMAL CONTROL The City provides animal control services. City staff consists of one full-time animal control officer and two staff people who are responsible for both code compliance and animal control. The City maintains an officer in the field seven days a week from 8:00 a.m. to 4:30 p.m., except holidays, and has an officer on standby for emergencies at all times, including holidays. The City contracts for animal shelter services with the County -run shelter located in the City of Indio. Residents calling the City Animal Control offices for information about pet adoptions are referred to the Indio facility. 4.11 DETERMINATIONS FOR THE CITY OF LA QUINTA The Service Review guidelines prepared by the State Office of Planning and Research recommend that issues relevant to the jurisdiction be addressed through written determinations called for in the Act. Based on the above information, the following are the written determinations for the City of La Quinta. Infrastructure Needs and Deficiencies Purpose: To evaluate the infrastructure needs and deficiencies in terms of supply, capacity, condition of facilities, and service quality. 1. Projects within this year's CIP include: street, drainage, traffic signals, sound walls, landscaping and lighting, City facilities, and park improvements. 2. Per the City's Pavement Management Program, the overall condition of the City's roads is excellent. The Program has also developed strategies to avoid future deterioration of pavement and reduce maintenance. 31 P:\R1a430\Draft\So. Coachella Valley\4.0 La Quinta.doc 4-17 , �i)U LSA ASSOCIATES. INC. UUNICIPAL SERVICE REVIEW MARCH 2005 RIVERSIDE COUNTY LOCAL AGENCY FORUATION COUMISSION 4.0 THE CITY OF LA QUINTA 3. Since its incorporation, the City has required that new development construct on -site retention and/or detention basins capable of managing stormwater flows. 4. LOS C represents a standard that is progressively more difficult and costly to achieve in the City because of recent growth. For peak operating periods, LOS D is now considered by the City to be the generally acceptable level of service. To maintain adequate service levels, the City will need to implement roadway improvements and upgrades as growth occurs. 5. The City currently only has a partially developed system of sidewalks and bicycle lanes. In some locations, their construction has been inconsistent and disjointed. 6. The City has planned and dedicated a system of multi -use trails extending throughout much of the City; however, many of the City's trails are not yet marked or fully improved. 7. The City currently has 2.82 acres of parkland per 1,000 population, which is slightly lower than the City's objective. To meet the parkland objective the City would need to develop additional parkland to meet both the existing and future needs. The current operations of the Indio Sheriff Station have far outgrown the existing facility. Due to this situation and projected growth within the area, the Department is in the process of expanding infrastructure to meet service demands. Growth and Population Purpose: To evaluate service needs based upon existing and anticipated growth patterns and population projections. 1. The 2004-05 budget stated that because of increasing growth within the City the total building permit valuation came to more than $308 million in 2003, which surpassed the City's pervious record set in 2000. 2. Growth in the City of La Quinta through 2030 is projected by SCAG to be lower than growth within CVAG and the County as a whole. Given the 2000-2004 growth within the City, these projections are low. In addition, the City is expecting growth in the year 2004/05 to consist of 500 2,600 square feet homes and 100,000 square feet of commercial. 3. Even though the City has a very small SOI area, there are large areas of undeveloped land within the City limits, which will accommodate SCAG's projected growth. Financing Constraints and Opportunities Purpose: To evaluate a jurisdiction's capability to finance needed improvements and services. 1. City revenues from property and sales taxes are expected to increase this year as more new homes are constructed, property values continue to rise, and additional retail opens for business. P:\Rla430\Draft\So. Coachella Valley\4.0 La Quinta.doc 4-18 32 J0 i LSA ASSOCIATES. INC. UUNICIPAL SERVICE REVIEW IdARCH 2005 RIVERSIDE COUNTY LOCAL AGENCY FORNIATION COMMISSION 4.0 THE CITY OF LA OUINTA 2. The City has adopted an investment policy, which directs the City to invest public funds in a manner, which will provide a diversified portfolio with safety as the primary objective while meeting daily cash flow demands with the highest investment returns. 3. To finance many improvements the City has issued debt. The use of debt has become a primary issue in the development of the Capital Improvement Program. 4. The City has a continued process of identifying and applying for grants to fund recreation and community services. 5. The City prepares a comprehensive and thorough annual budget that clearly describes the services provided to the residents and the funds expended for those services. 6. The CIP includes a breakdown of each estimated project cost and the revenue sources proposed to be used to fund the project. 7. The City implements Quimby Act fees to fund park facilities. Cost Avoidance Opportunities Purpose: To identify practices or opportunities that may help eliminate unnecessary costs. 1. In order to avoid unnecessary costs, the City has adopted a purchasing policy. 2. The City is a member of the California Joint Powers Insurance Authority (CJPIA), which allows the City to receive long-term insurance rate stability and receive lower rates than it would be able to obtain without the Authority. 3. The City coordinates its park and recreation facilities and programs with the Coachella Valley Parks and Recreation District. This arrangement saves costs while providing numerous facilities and programs. Opportunities for Rate Restructuring Purpose: To identify opportunities to impact rates positively without decreasing service levels. 1. Rates for solid waste services within the City are similar to rates of other agencies within the southern Coachella Valley. 2. Rate increases are predetermined and set within the franchise agreement. Rates are revised annually and increases are based upon cost -of -living increases and landfill fees. Opportunities for Shared Facilities Purpose: To evaluate the opportunities for a- jurisdiction to share facilities and resources to develop more efficient service delivery systems. 33 P:\Rla430\Draft\So. Coachella Valley\4.0 La Quinta.doc 4-19 JJG� LSA ASSOCIATES. INC. MUNICIPAL SERVICE REVIEW MARCH 2O05 RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION 4.0 THE CITY OF LA OUINTA 1. The City has a working relationship with CVAG to implement roadway improvements within the City. 2. The new Sheriffs facility in Thermal has the potential to be shared amongst several agencies such as the Bureau of Land Management, Child Protective Services, and the Probation Department. 3. The City should routinely explore potential efficiencies that could be achieved through shared equipment and personnel with the other cities and districts in the southern Coachella valley. Government Structure Options Purpose: To consider the advantages and disadvantages of various government structures to provide public services. 1. Based on the current provision of services, it is reasonable to conclude that pubic services can continue to be provided by the City under the existing government structure. 2. The City has one small SOI area, which is adjacent to the existing City limits and represents a logical expansion of the City's services. In addition, the City is currently pursuing an expansion of its SOI to the east. This SOI expansion appears to have a large amount of landowner support. 3. The CVRPD and the City have worked out a system of coordination to ensure a cooperative arrangement that efficiently utilizes resources to provide park and recreation services to residents without duplication. Continued coordination of plans for future facilities and services is important to avoid any future duplication of services and promote the continued efficient provision of services. Evaluation of Management Efficiencies Purpose: To consider the management structure of the jurisdiction. 1. The City has received awards from both the California Society of Municipal Finance Officers and the Government Financial Officers Association for Outstanding Financial Reporting. This is indicative of an efficient management. 2. In an effort to increase efficiency of employees and streamline processes the City upgrades equipment as necessary. 3. The City's annual budget and accounting practices are audited annually by a Certified Public Accountant. P:\Rla430\Draft\So. Coachella Valley\4.0 La Quinta.doc 4-20 34 ASSOCIATES. INC. MUNICIPAL SERVICE REVIEW LSw ASSI MARCH RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION 4.0 THE CITY OF LA QU1NTw Local Accountability and Governance Purpose: To evaluate the accessibility and levels of public participation associated with the agency's decision -making and management processes. The City Council has regularly scheduled meetings, which are open to the public and held pursuant to the Ralph M Brown Act. All agendas are posted in a timely manner and supplied to anyone requesting notification, including the local newspaper. 2. The City has historically made reasonable efforts to maintain a public dialogue regarding issues of concern to the community. The City's outreach program utilizes: City newsletter, City calendar, City infomercial, the local newspaper, the Internet, and public meetings. 3. Prior to budget approval, public meetings are conducted to include citizen concerns. PARla430\Draft\So. Coachella Valley\4.0 La Quinta.doc 4-21 35 ATTACHMENT #3 ATTACHMENT "C" CITY OF LA QUINTA RECOMMENDATION TO LAFCO MUNICIPAL SERVICES REVIEW MARCH, 2005 The following comments and recommendations regarding the Municipal Services Review for the Southern Coachella Valley are submitted for consideration by LAFCO. 1. Page 4-1. Please change the City's acreage from "22,792" to "22,552." 2. Page 4-4, Second paragraph. Revise the following sentence: "Projects within this year's CIP include: freeway interchange, street, drainage, traffic signals, bridges and City buildings." 3. Page 4-5. Add to the end of the first paragraph, "The City participates with Riverside County in the Community Development Block Grant Program." 4. Page 4-7, Paragraph 3. This paragraph should be revised with the following information: Units Population Buildout of City 25,336 60,639 Sphere 1,493 4,211 Planning Area 1 11,938 33,779 Planning Area 2 21,693 61,828 60,460 160,457 Please note that Planning Areas 1 and 2 are not currently in the existing SOI or City. This paragraph should be revised to reflect buildout of the current City limits. 5. Page 4-9. Please evaluate and edit paragraph 2 as necessary to reflect La Quinta data. In the last sentence change "Coachella" to "La Quinta." 6. Page 4-10, Table 4.1. Change the number of active volunteers from "20" to "10 to 20" since the number fluctuates. 7. Page 4-13, Paragraph 3. Interstate 10 and State Highway 86 do not traverse the City. Please revise this statement. After Eisenhower Drive Improvements add the following: "Jefferson Street 36 Improvements: the project includes widening the existing road and constructing a new bridge over the Coachella Valley Stormwater Channel." PAReports - CC\2005\4-19-05\D 8 MuniSerR-LAFCO.doc 8. Page 4-14.4.8 Parks and Recreation. This section should be revised by incorporating the following information: "The City of La Quinta offers numerous programs for all ages at their facilities as well as using the La Quinta High School facility. The programs include seasonal holiday programs for families, arts, crafts, dance programs, adult soccer, adult volleyball tournaments, adult basketball tournaments, excursions, computer classes, as well as community concerts. In addition, through a Joint Use Agreement with the La Quinta Boys and Girls Club, the City uses the gymnasium at the La Quinta Boys and Girls Club in the evenings for open gym programs. The City will be adding a weight room to the Boys and Girls Club for community use. The City also provides the Family YMCA of the Desert use of the City -owned childcare facility on Avenue 50 for preschool and after school programs. The City of La Quinta also provides sports fields for youth sports leagues such as baseball and soccer. These sports are played year round. In addition, the City has two unsupervised skate parks and one existing and one proposed dog park. The La Quinta Senor Center provides educational and recreational programs, a food distribution program, health and wellness clinics, and legal consultation. The Community Services Department serves La Quinta residents as well as neighboring residents of other cities and the County." 9. Page 4-14 Transit. Add the following: "Sunline Transit Bus Passes are available for purchase at City Hall as a service to public transit riders." 10. Page 4-15, Table 4.K. Add the following facility to the Table: "Fred Wolff Bear Creek Nature Preserve will remain a natural preserve." Add the following amenities to La Quinta Senior Center — "Multi -purpose room, classrooms, kitchen, craft room, library, and putting green." Add the following amenities to La Quinta Library — "full service library, computer labs and children's reading room." Combine La Quinta Community Center and LQ Community Center — they are one and the same. The Fritz Burns Park is 7.7 acres in size. 11. Page 4-16. See attached item. Paragraph 2. Delete the first part of the paragraph up to and including "However,". 12. Page 4-17. First paragraph, add, "The Parks and Recreation Master Plan is 37 scheduled to be updated in the Fiscal Year 2005-2006. P:\Reports - CC\2005\4-19-05\D 8 MuniSerR-LAFCO.doc Library. In the first sentence, add "existing" La Quinta Public Library. Also, add the following: "The City is constructing a new library located at 78-275 Calle Tampico. This new facility will open in June 2005. The new library will feature 10,000 square feet of library space with the capacity to expand to 20,000 square feet as community needs dictate. A 1,291 square foot community room and a 160 square foot storage room will occupy the expansion area on an interim basis. The Library capacity will increase to 40,000 volumes. 13. Page 4-17 Animal Control. The City will be participating in the new Animal Campus to be located in Thousand Palms when it opens. 14. Page 4-17 Infrastructure Needs and Deficiencies. Revise Item 1 per previous comments regarding the City CIP (Page 4-4). 15. Page 4-18 Growth and Population. Revise Item #3 as follows: "The City has a very small SOI (1 17 acres), and there is very little undeveloped land which is not proposed for or approved for development within the City limits. Current growth rates exceed SCAG projections and there may not be sufficient land available to accommodate future growth needs. ` ` P:\Reports - CC\2005\4-19-05\D 8 MuniSerR-LAFCO.doc 1) 0 ATTACHMENT #4 r jU) iE iZ m rn v Z U. U c IJncoln Stmet Q ° d m 3 V d m V 0 t1 _ Y C Q Piorc. Street t p,9a 6 Fi11m9n SVeet .fir^ Polk Street Pak Stnel y j ; Tyler Street a. _ / Tyler Street r �� it-' Shstly 1.arw 1 °%-' ' b , r Harritwn Street Harrlson Street e U w .�0 G �td Frederick Siren ry � c Q 4 q Q LA Van Buren Street \ \\� celnottn sweet \J8.1 \treet \ i l onr rul N � 3 A f � 1 ✓t 1 ,r f M 1 � O E J a1 Assistant City Manager Receptionist F Administrative Assistant Vehicle Equipment Mechanic H Senior Center Coordinator Custodian (2) C of Coachella F -- Glizats , E uftr Cii C C11 City Clerk r City F Attorney[ PlanningCommission - Development Co;m;mu " Deputy Director F Associate Planner (2) [-Administrative . .Assistant_ Administrative Secretary City man FPublic Works Director -- . -- Development -�;ejr Dev pment�M Grants Coordinator (TyuV ClerkClerk —] Senior (---- � Public Works Civil Engineer rvisor Neighborhood Services Director Code Enforcement supervisor Code Enforcement f oflicer (2) Animal Control Officer Departrnent Assistant Business License Inspector I finance Director Accounting Manager Accountant ( Accounting Technician (2) FDepartment -Assistant H Deparanent Assistant 1 (2) P/T Senior Center F Senior Maintenance 3) nior Worker Receptionist Contracts Se, Coordinator Building Inspector Sanitary Superintendant (2) Public Works Maintenance Worker Drtment Building ------------, Ins for lThmtjnent Plant (8) epa�' I I Assistant I Pce Operator LU ,-,,-Civil Engineering " Associate (2) ---�1�1�t A Treatment Operator ll T)reatment Plant Operator I -------- --- ------ Rutinent Trainee (2) LSA SOURCE: City of Coachella - ---------- 1:\RLA430\G\So Coachella\Fig2.2_Orgchart_Cityof Coachellaxdr (11/2/04) T-T/-4TTT'1T7 n n JL' I %-T U 1\." Z. . j Riverside LAFCO Municipal Service Reviews 40 City of Coachella Organizational Chart — ------ - - - ---- ------ — ----- - - — -------------- ,-. , , :r J 0 j r O • 41 �� 0 0 4) U C� r0 V fr 0 cn 0 O 0 O E x 43. t8 c �k M j r` � F � r 1.. � r r a �C r � r U U JP) 1 1 1 t x r rY 1` y rM i S J T i { ;v 9 __mob 1 S1a S 1 t 1 •• , , r r 1 1 1 C 1 J i J f L 1 1 ; ' 1 1 1 r 1 y"g cq O A u M J o � c �X � W V) •-O- � Y U 'W CL cr 4) C7 t 0 L L aTo Z U. z 9L L ro 4) 16 CL LL u u -7 pang u1mun so. fj -P jowls 410d lop, ci 44 0 0 --------- jowls uwng 119A �' loolls u0sver T- 5A cc 0 -------------------- o z to <J 1 �+ it a towks`1003 ci -------------- 'a' oda)4q.9 OW X (D ----------- --------- 7 oo. ro,, ------------ J. cn (L DEPARTMENT REPORT: 10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY CO NCIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECTO DATE: April 19, 2005 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF MARCH 2O05 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF MAY 2005: May 2 *Exercise Class May 2 *Digital Photography May 2 *Printshop Publishing May 2 *Imperial Irrigation Assistance May 2 Ballet Workout, La Quinta High School May 3 *Arts & Crafts May 3 Acrylic Painting, Senior Center May 6 *Pilates Class May 7 Catalina Island Excursion May 9 *Photo Editing Computer Class May 9 *Quicken Computer Class May 13 *Rug Hooking May 14 Concert Under the Stars, Civic Center Campus May 17 .*Hearing Consultations May 17 *CPR/ First Aid Class May 17 *Tap Dance Lessons May 19 *AARP Driver Safety May 19 *Medicare & Insurance Counseling May 19 *Dessert Competition Luncheon May 24 *Arthritis Tai Chi Class May 24 *Tai Chi Class *Daytime Senior Center class or activity ..__at... n.- ....es Cimi-ilif%# Rontnlc Ltons 20" Variance IVIVINLIlly Senior Center $ 26,250.00 $ 11,975.00 $ 14,275.00 Parks $ 400.00 $ 1,100.00 $ (700.00 Monthly Facility Revenue $ 26,650.00 $ 13,075.00 $ 13,575.00 Year to Date Facility Revenue $ 52,356.00 1 $ 629193.00 = 99837.00) ITIVI11/ //7 v Senior Center $ 8,012.00 $ 11,891.25 $ 3,879.25 Community Services $ 7,087.00 $ 7,183.00 $ (96.00) La Quinta Resident Cards $ 12,345.00 $ - $ 12,345.00 Total Revenue $ 27,444.00 $ 19,074.25 $ 8,369.75 /\6Y6//u%. ■ %.S■■ av ow - Senior Center $ 87,535.00 $ 98,926.50 $ 11,391.50 Community Services $ 107,445.00 $ 121,766.00 $ 14,321.00 La Quinta Resident Cards $ 38,565.00 $ - $ 38,565.00 Total Revenue to Date $ 194,980.00 $ 220,692.60 1 $ 12,852.50 V 4. Community Services Department Attendance Report for the Month of March 2005 Summary Sheet Program 2006 2004 Variance Sessions Per Month 2006 2004 Leisure Classes 139 61 78 73 48 Special Events 784 525 259 8 6 Adult Sports 449 656 -207 23 20 Senior Center 900 1589 -689 91 149 Total 2,272 2,831 -559 195 223 Senior Services Senior Center 465 493 -28 20 23 Total 465 493 -28 20 23 Sports User Groups La Quinta Park Use AYSO 340 320 20 22 27 La Quinta Sports & Youth 100 400 -300 21 23 Sports complex Desert Storm Baseball 14 28 -14 4 14 La Quinta Heat 14 0 14 4 0 La Quinta Sports & Youth 1200 320 880 20 20 Facility/Park Rentals Senior Center (Private Party) 400 775 -375 3 5 (Church) 400 300 100 8 4 La Quinta Arts Foundation 550 0 550 7 0 Civic Center La Quinta Arts Foundation 16,000 0 16,000 7 0 Park Rentals La Quinta Park Rental 240 280 -40 6 7 Fritz Burns Park Rental 40 160 -120 1 4 Total 17,630 1,515 16115 32 20 Total Programs 20,367 4,8391 15,528 247 266 Vnhintaar Wniim Senior Center 422 176 246 Total Volunteer Hours 422 176 246 Community Services Program Report for March 2005 12nng gnne 2005 2004 Participants Participants Variance Meetings Meetings Leisure Classes Intermediate Bellydance Beginning Bellydance Beginning Ballet Dance, Play& Pretend 1 4 11 12 0 5 0 0 1 -1 11 12 4 4 3 3 0 5 0 0 Hip Hop Dance Tap & Jazz Dance Combo Ballroom/ Latin Dance 5 2 5 0 0 10 5 2 -5 3 2 4 0 0 4 Yoga Somatica 8 6 2 2 2 Yoga Electica 7 0 7 4 0 Beginning Boxing 5 0 5 4 0 Young Samaun Kickboxing Boot Camp 4 2 0 0 4 2 4 4 0 0 Tai Chi 3 0 3 5 0 Beginning Guitar 6 0 6 5 0 Guitar Workshop 8 0 8 5 0 Italian for Travelers 8 0 8 5 0 Acting to Perform 3 0 3 2 0 Acting for Children 12 0 12 2 0 Faux Finishes 17 0 17 3 0 All Aspects of Interior Design 7 0 7 3 0 Beginning Computers Totals 9 1 139 7 28 2 111 2 73 3 14 ,7nnr% 7nnd 2005 2004 Participants Participants Variance Meetings Meetings Special Events Stargazing 10 0 10 1 0 Adult Easter Egg Hunt 106 0 106 1 0 Annual Egg Hunt 500 350 150 1 1 Spring Break Camp, Movie Day 33 35 -2 1 1 Spring Break Camp, Tournament Day Spring Break Camp, Park Party Spring Break Camp, Talent Show Spring Break Camp, Water Park 33 33 34 35 35 35 35 35 -2 -2 -1 0 1 1 1 1 1 1 1 1 Totals 7841 525 2591 81 6 ,3nnr% 7nnd 2005 2004 Participants Participants Variance Meetings Meetin s Adult Sports Open Gym Basketball Adult Soccer League 229 1 2201 420 1701 -191 501 19 41 16 1 Totals 1 "91 590 -1411 231 17 Recreation Totals 1 1372 11431 2291 104 37 Senior Center Attendance Participation Participation Variance Meetings Meetings 2005 2004 2005 2 Senior Activities ACBL Bride 212 267 -55 5 5 Bridge, Duplicate/Social 223 572 -349 5 10 Monthly Birthday Party 24 33 -9 1 1 Monthly Luncheon 0 86 -86 1 1 Movie Time 60 80 -20 4 6 Senior Activity Total 519 1038 -519 16 23 Senior Leisure Classes Arts & Crafts 28 26 2 5 6 Ballroom Dance 35 26 9 4 6 Bridge Lessons 79 71 8 12 10 Computer 0 70 -70 0 13 Computer Tutor 3 3 0 3 4 Dog Training Class 14 19 -5 4 4 Exercise 53 57 -4 13 13 Golden Tones 18 30 -12 4 4 Pilates 15 13 2 4 4 Quilting 22 32 -10 3 4 Rug Hooking 7 9 -2 3 4 Sketch ing/Drawi ng8 12 4 3 3 Spanish 17 32 -15 4 5 Stained Glass 0 9 -9 0 3 Tai Chi 32 49 -17 4 6 Tap Dance 15 32 -17 4 5 Watercolor 20 37 -17 3 4 Woodcarving 28 25 3 3 4 Yoga 15 25 -10 4 3 Senior Leisure Classes Total 381 551 -170 75 99 TOTAL SENIOR PROGRAMS 900 1589 -689 91 122 Senior Services AARP "55" Course 18 26 -8 2 2 AARP Tax Aide 105 106 -1 4 4 FIND Food Distribution 245 274 -29 4 4 Hearing Consultation 2 2 0 1 1 I.I.D. Energy Assistance 48 27 21 4 7 I.I.D. Energy Assistance/No fee 2 5 -3 2 2 Legal Consultation 8 7 1 1 1 Medicare/ Hi Cap Consultation 10. 9 1 2 2 Volunteers 27 37 -10 n/a n/a TOTAL SENIOR SERVICES 465 493 -28 20 23 SENIOR CENTER TOTAL 13651 2082 -7171 111 145 e L) DEPARTMENT REPORT: S ok �o • 4 CV c� ti5 OF TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: April 19, 2005 RE: Public Works/Engineering Department Report for March 2005 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; 5. Response to Mr. Broido letter; 6. F/esponse from Land Mark Golf, regarding email of March 31, 2005. Timothy R. J n sson Public Work rector/City Engineer F.. a/ Z i" in C'!W �C) � N �/ YI W LL Y � V 00 WW IL V LU U M) `�_ W / a w s<mill 3 i A, Y 3�$ F` AilF Man 3 z � ago ' g d" 11 KR i 3 °�. r, xr "Y^ 2 $ fi • • MEMO � ice•?:, sum, a,. � a x M tf) O 0 N U Q CO H 2 cc �a Q F. w cn = J Q Z OZ M W 0 uwo00000po 0 0 0 0 0 0 0 0 H O o o o o o o o jj O N CO 0�0 bF} 69 Efl J e-- 6% CM P. N J p 619 69. N U W LL J H 0 F- F"000o000o Z 0 0 0 0 0 0 0 0 n O O O � O � O Era O 69 O Ef? o ti 2c. ON CMti N Q6% W d4� 6% N 40). W W U) N N 0 0 Z O Q Z W2 w W W 0 p0� W a Z W Q Ciu)J—W Z0� Wa �WJW� JQ QU ��Ucn F-WF-(no-(J)J r-000 w l: Z u � a Z O 0 O N 2 Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o G 000000000000000000000000000000000000 . 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OV UoaV�NNOJQULL�. L, co • � +— L•N+d�Mcy�N�c/�O��'fir�t,i 'cfl�n •=�.• L•+�U '•OGCOvcQ L��V�O�U�UN�C'�( cN0��LNOc 'U�OO'+ 'U�OO�� '��NCCr��T•O }BOOOONNr�OOOcc0O��Pa>C3I' N�'L��UoO� -Q�N�0U�COca'mn�LD '�0�d��_cOU�C-+ 'OOpNL^LO�"C{+o'C c_�CyvCOn�., o O+'O��O�U�-��c�-pONU-Ct++ - yV�OM�Q(Jaj ' . . 0•�cpOa � • MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: March, 2005 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg._ Code Activity 4 Men 4 Men 2 Men 1 Man Total 1000 Policing/Inspection 34 23 0 26 83 1001 Pot Hole-Repair/Patching 49 26 0 1 76 1002 Crack/Joint Re air 0 0 0 21 21 1003 Pavement Marking/Legends 0 0 0 0 0 1004 Pavement Maddrigaping 0 0 0 - 0 0 1005 Curb Painting 0 0 0 0 0 1006 Other Traffic Controls 20 19 0 0 39 1007 Curb & Gutter Re air/Const. 0 3 0 0 3 1008 Other Concrete Repairs/Const. 0 0 0 0 0 1009 Street Sign Install (New) 13 6 0 0 19 1010 Street Sign Repair/Maint 9 33 .0 2 44 1011 Debris Removal 0 16 0 1 17 1012 Right of Way Maint. 11 25 0 0 36 1021 CLEAN Catch Basin Inlet/Outlet 0 0 0 0 0 1022 Rondo Channel OutleWault 4 0 0 0 4 1022A Desert Club OutleWault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 18 0 1 19 1024 Gutter/Median Sand Removal 0 1 0 0 1 1025 Street Swee ing (Machine) 161 0 0 0 161 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 0 0 17 0 17 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 -Parks/Retention Basins Inspection/Clean-4 0 47 140 0 187 1041 Mowing/ Weeding, Shrubs & Tree Trimmin 197 51 0 0 248 1051 Landscape/Irrigation Contract Manageme 0 0 115 21 136 1052 Lightng/Electrical Contract Management 6 0 0 18 24 1061 Small Tools Repair/Maint. 0 3 0 0 3 1062 1 Equipment Repair/Maint. 0 8 0 0 8 1063 lVehicle Repair Maint. 9 4 0 0 13 1081 1 Trash/Litter/Rec cable Removal 0 0 6 0 6 1082 lVandalism Repairs 0 5 0 0 5 1083 Graffiti Removal 73 22 28 0 123 1084 Maint. Yard Building Maint. 40 15 9 0 64 1085 Seminars/Training 11 24 51 6 92 1086 Special Events 4 0 8 0 12 1087 Citizen Complaints/Requests 64 44 5 0 113 1088 Meeting 23 23 8 33 87 1089 Office Phone, paper work, reports, Misc.) 8 45 5 40 98 SUBTOTAL 1 736 461 392 170 1759 1091 Over Time 17 27 12 0 56 1094 Jury Duty( 0 0 0 0 0 1095 Sick Leave 40 10 8 8 66 1096 lVacation 0 26 0 22 48 1097 lHoliday 0 0 0 0 0 1098 lWorkman Comp. 0 200 0 0 200 1099 1 Bereavement 24 0 0 • 0 " - 4 WN SUBTOTAL 81 263 20 30 394 TOTAL HOURS 817 724 412 200 2153 TOTAL MILES 3168 2773 1831 242 8014 ��3 CV MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: April 19, 2005 RE: Response to Mr. Broido Letter Public Works staff has met with the Cove Homeowners Groups on several occasions to discuss signage to reduce speeding within the La Quinta Cove Area. The entry signs that Mr. Broido mentions in No. 1 were reviewed and approved by the City's traffic engineer. The locations that Mr. Broido has mentioned, involve private property, the owners of which may or may not be receptive to installing signs at those locations. Possible locations within the public right-of-way that might be used include the Eisenhower Drive median just south of Calle Tampico or possibly the City owned lot on the north side of Avenue 52 just east of Avenida Bermudas. Another possible place to mount these signs is below the Chamber of Commerce signs on medians at entrances to the Cove. Staff will investigate these alternatives. The cost of the signs would be approximately $500 to $800 installed. A funding source has not been identified for this cost at this time. The 25 mile per hour signs mentioned by Mr. Broido, have been installed on several east/west streets within the Cove, replacing the 35 mile per hour signs. Public Works intends to install, over the next 4 or 5 years, the rest of the 25 mile per hour signs on the rest of the east/west streets. ,, 8 Joseph A. Broido P.O.Box 1314 La Quinta, CA 92247 April 5, 2005 Dear Don: UAMMUI1, Enclosed please find the plan to continue with the resigning of the Cove streets to the 25 mph format which I discussed with you. As you recall .you said you would get it through the Council. Many thanks for your help with this . With warm personal regards, Joseph A. Broido C 9 SUGGESTIONS FOR FURTHER STREET SIGNS IN LA QUINTA COVE April 5, 2005 A few months ago all the streets in La Quinta Cove had their posted speed limit changed. Bermudas and Eisenhower remained the same but all the others were reduced to 25mph. All the other existing 35 mph signs were changed to 25 mph. This amounted to only 20-30 sign on some portions of the east west streets. No new signs were installed. None are on any north -south streets. Most of the residents of the Cove are confused and have no knowledge as to what the speed limits are. Due to undersignage they didn't know before and know even less now. Over the next period is a very important that new signs be added. Below are some suggestions of the order in which they should be added. 1) The fastest way to spread the word would be to add two large signs at the entrance to the Cove. Something on the order of the Sign announcing the upgrading of the parking lot opposite Old Town. This sign is on the West side of Bermudas. The sign should State: Entering La Quinta Cove Speed Limit 25 mph except where posted Children at Play. These two sign should be attractive and arresting. They will notify drivers of regulations and also announce to strangers where the Cove is. There is at the moment no direction signs anywhere in La Quinta to the over 161,000 people who live in the' cove. Discussions with the city have identified two ideal locations A) the southwest corner of 52" d Ave. and Eisenhower, at the south side of n 10 so La Quinta Palms Realty. It is private property, but I am hopeful that properly approached they would agree. It should help their business. B) The other is on the South East Corner of Bermudas and 52°d Ave. At the corner of the Park next to park sign It is city property and there is plenty of room there. The cost of the signs is estimated by the city at less than $800 each. 2) The next critical need is for 25 mph signs at the corner of each west going street on Bermudas and each east and west crossing on Eisenhower. Many of streets received them as part of the replacement last fall, but there are still ten or so which had no signs before and have none now. When one moves from a 35 or 40 mph street to a 25 mph street it is important that the motorist be notified. The city will be given a list of these streets . 3) The state regulation is a speed limit sign every three blocks. Very few places in La Quinta come up to that standard. They are really not needed. In the Cove most east west traffic is done on those streets which do not have dips (allowing a smoother and faster ride. They are: Montezuma, Sinaloa, Durango, Sonora, Nogales, Colima, Madrid and Tecate. These street should be given the appropriate signs on both sides of the street. The most used are Nogales , Colima, and Montezuma and they should be done first. 3) Summary: The two large signs at the entrance of the Cove will help the most and the fastest and the cheapest. The rest should be done over time in the order indicated. as money and manpower is available. 2 11 April 9, 2005 To: Tim Jonasson Landmark Fr: Judy Vossler Re: Response to e-mail complaint letter This letter is a follow-up to the discussion we had on April 6, 2005, in the weekly Wednesday 11:00 a.m. meeting with Johnny Pott, Randy Duncan and Steve Howlett in attendance. We discussed the e-mail complaint letter that had been given to Mayor Adolph and passed along to Johnny Pott and me by Mayor Adolph. LANDMARK Advisory Board Please be assured that we, Landmark Golf Management, with Randy Duncan, Robert Wagner SilverRock's Director of Golf, have reviewed and discussed the e-mail in depth. The Chairman communication was not addressed to SilverRock nor do we know the identity of the Johnny Bench golfer or the date he/she played. Rand has checked the Tee Sheet and did not find a g p y y Rick Dees Bill Devane name similar to the e-mail name; we understand that e-mail names can often be John Elway misleading. Larry Gatlin Ed Marinaro Through statements in the e-mail on such matters as restrooms not being in working Dr. Gil Morgan Don Ohlmeyer order and no place to post scores, we can only assume that the time period was during Johnny Pott the couple of weeks of soft opening between February 14 and early March. Since that Mike Shanahan time, most of the restrooms have been operational, and the handicap scoring computer Ernie Vossler was installed. In those early weeks of golf operations, Landmark and the City were Joe Walser, Jr. aware of the facility conditions he/she might have experienced. Regarding the comments about the "cart boy," Randy has taken up this matter with the Outside Services Supervisor and staff. Randy conducts continual meetings and discussions with the entire staff about the quality and image of SilverRock Resort and the City of La Quinta. Additionally, the staff of SilverRock does pay close attention to and keeps track of the positive and negative comments from golfers and non -golfers. Landmark makes a point of reporting those matters to you during our weekly meetings. In those discussions, you and we have agreed that complaints are a part of being in the business of serving people; some complaints are legitimate and relate to SilverRock being a very new facility; and other complaints are useful, constructive and help us fine tune in order to deliver a better product, service and experience. A few of the complaints in this particular e-mail refer to matters that are statements of circumstances at this time in SilverRock Resort's developmental life, such as: no dressing rooms in the Golf Shop, inoperable restrooms and ongoing golf course conditions that are less than what are expected as SilverRock's standards. We all regret any unhappy customer and know the ill effects of negative word-of-mouth remarks. If it would be appropriate to contact the writer of the e-mail, Randy would like to have the opportunity to "right" the situation and invite the golfer back to enjoy SilverRock as it is today or as it will be in the near future. We are always working to better serve the City and the customer. 74-947 Highway 111 • Suite 200 • Indian Wells, California 92210 Phone (760) 776-6688 • Fax (760) 776-6686 www.landmarkgolf.com r, 12 Silver Rock 41505 Page 1 of 2 Y44AM. $X�ft QTht CITI Vl&,Wo CATJ AW-1 C11 UM—ae—EL Wt� � . Inc0) Sub': Silver Rock hio ID 1;;JVW26 Date. 3/31/20 05 12:36:19 P.M. Pacific Standard Time (4,,,( 1 From: isdavee@cox.net To: JimPGAW@aol.com Jim: Hope all is well with you and Phyllis, the two most traveling people 1 know. Ray keeps me up to date about your trips. 1 will consult you for our next one. We are thinking of joining some friends in Italy next year and we have not spent any significant time there. In the meantime, we were over at Palm Desert with a friend and his wife and 1 played the new Silver Rock course at La Quinta. 1 was never so disappointed and upset over _ playing a reportedly high quality course. The course is simply not finished and was in terrible shape in all the many waste areas and even the bunkers around the greens. Maintenance was poor and while 1 know they had severe rain, this was beyond belief with ruts everywhere off the fairways. There were unplayable lies throughout the course. Repair equipment was all over the course and making noise everywhere on a _.�...• Saturday. Large areas were marked off with yellow marks where soil needed to be added. We a had to pay $160 and 1 asked before hand if the course was in good condition and was assured it was. We had been concerned due to the damage we saw just on the drive in to the clubhouse. Based upon that assurance we went ahead and paid the price. While the fairways were okay and the greens aceptable but very hard, anywhere off the narrow fairways was a disaster. 1 do not see how anyone over a single digit could have any fun playing anywhere off the fairways and 1 can tell you we did not enjoy the experience at all. Theqlw�y had bathrooms not working, no trash receptacles on the tees as"Nolfton most holes, no place to post scores, no place to try on clothes exceut the mens and womens bathrooms, which are far away from the Pro Shop.etc. 1 could go on and on. As one of the cart boys told us when we discussed it afterwards, he has heard a lot of complaints about the condition and the high price to play. He was a golfer himself and thought it was stupid to charge the prices asked for an unfinished course. I understand residents pay a lot less which might make it more palatable, but the price we paid was absurd for the quality of the course. 1 think that the Pro Shop may not be reporting back what the guests really think or the Shop is not getting the information back from guests. Most people probably just tell the cart boys about it and then leave and don't walk up the hill to tell the pro shop what they think about their experience. 1 did take the time to go up and tell them and got a response about how good the course was from a young guy who told me it was going to be in the Hope rotation and it was just some temporary problems. Its far more than that. 1 told him there is no way the Pros are going to play this course even if they fix the water damage. Today in our paper 1 saw that it is not going in the Hope rotation until there are major changes made. 1 agree with that assessment. It is not ready and some major redesign work will be needed to get it ready. 13 Thursday, March 31, 2005 America Online: Jim PGAW `� Silver Rock Page 2 of 2 V 1 don't know if you have played it but my partner and I both had the same reaction. As you know 1 have played a fair amount of golf around the state and the country and 1 considered this a complete rip-off. It is presently not worthy of the Palmer name and design although he is one of my favorites in making courses challenging but fair. noticed afterwards a sign that said it was a project of the City of La Quinta and listed Don Adolph as the Mayor of the City. 1 remembered that he is a friend of yours and met him and I think played a round at PGA West with him. In any event, 1 am hoping you can pass on my thoughts to him if it is convenient. Don is a golfer and will understand that this course is not ready and to charge $160 until it is improved and finished will just drive people away, never to return. I will certainly tell my golfing friends not to play it unless there are vas changes an improvements. I know the city has money invested and wants a return but it is penny-wise to open a course with prime rates when it is not even close to being ready and will be so penal for most players that they will not return. Say hello to Phyllis and we will look forward to seeing you two again soon. As always, if you are going to be in San Diego give us a call and we will get together. Best regards, Jerry ��.tr�l�."ISM �'t woje C�1T►��°aM • T Wf�191�+c� �ov�t d�t�S ��'�' Aac �Nv W�tZ�i '1'O ,6141J N44-44-- Thursday, March 31, 2005 America Online: Jim PGAW 14 tiarKiro City of La Quinta La Quinta Police Department Captain Walter Meyer, Commanding March, 2005 Highlights (Numbers in parenthesis denotes number of calls for service that day) Tuesdav, 03-01-05 (57)� 2216 hours- Cpl. Coleman responded to the 50000 block of Washington St. in reference to a report of a domestic disturbance. Upon arrival, he met with Maria Araujo who said she and her husband, Eddie Patino, had gotten into an argument at the residence. Araujo said that during the argument Patino pushed her down and held her down by the neck. Cpl. Coleman located Patino and arrested him for battery on a spouse. Wednesday, 03-02-05 (72): 2340 hours- Deputy Hernandez arrested Martin Gabriel Limon for two misdemeanor burglary warrants and one theft of an access card or account information warrant. The warrants were issued in 1999. The suspect had been located and identified during a pedestrian check on Montezuma at Vallejo. The suspect was transported to the Indio Jail. Thursday, 03-03-05 (51): No significant activity to report. Friday. 03-04-05 (61): 2323 hours- Deputies responded to a public assist call that turned into a missing persons investigation. The caller, Leah Lerma, called from Palm Desert and said her husband, Javier Lerma, was on his cell phone with her. He had told her that he was returning from El Centro and had tried to use a short cut to get from Avenue 54 to Avenue 52 in the area of Madison Street. When his vehicle became stuck he started walking toward Avenue 52 and became lost. The area was checked from Monroe west to the mountain within the Silver Rock project, but neither Lerma or his vehicle could be located. When Sheriff personnel were talking to Mr. Lerma he was very confused as to his location. Sheriffs and La Quinta Police Department personnel were "held over" on overtime to be involved in the search for Lerma. All Watch 1 La Quinta Police Department -personnel were also committed to -the search effort. Star 92, Sheriffs air support, responded from Hemet in an attempt to Locate Mr. Lerma. Lt. Navarro was advised of the situation. In time, Lerma's cell battery went dead. After several hours of searching, Mrs. Lerma called and advised she received a call from her husband saying he had made it out of the area and to a house which was actually in Imperial County. She was on her way to get him. Mrs. Lerma said her husband did not use alcohol or narcotics. Deputy Alexander took the missing person report. Saturday. 03-05-05 (41): No significant activity to report. Sunday, 03-06-05 (66): 0155 hours- Cpl. Arredondo responded to a residence on Desert Rock in reference to a car burglary. During the investigation, it was discovered that an unknown suspect had stolen a 2001 Ford Excursion from Desert Fox and used the stolen vehicle while committing the burglary. Responding units checked the area and Cpl. Espinoza located the stolen vehicle on Irwin Circle. The suspect ran from Cpl. Espinoza and fled into the housing area. The suspect dropped a 9MM pistol while fleeing. Although a perimeter was set up, the suspect could not be located. Property was located inside the vehicle that was linked to four other confirmed car burglaries. Those victims responded to the scene and recovered their property. The suspect was described as a six-foot tall white male. Evidence was collected and will be submitted for analysis. Additional property was found in the vehicle that did not belong to the victims who arrived at the scene. Monday, 03-07-05 (99): 0624 hours- Deputy Leary handled a suspicious death in the parking lot located S/E of Avenida Navarro and Avenida Villa, in La Quinta. Investigations, I.D., and the Coroners' office also responded to the scene. Photographs and a diagram of the scene were completed. A canvass of the area was also conducted during the investigation. Once the Coroner examined the body it was determined to have been a suicide. The investigation was handled on a patrol level. Deputy Celaya responded to La Quinta City Hall in reference to threatening phone messages left on an employee voice mail. It was discovered that the threatening message had been left by Danny Johnson, 34, of Indio. Deputy Celaya responded to a residence located on the 81-000 block of Miles Ave. to contact Johnson but received no answer at the door. Deputy Celaya later received information that Johnson was at the location, could see the deputy and threatened to kill him self by a drug overdose. A perimeter was established at the residence and an entry team was formed. Entry was made at 7:10 P.M. and Johnson was taken into custody. Johnson was transported to Desert Hospital for a 72 hr mental health evaluation. Deputy Celaya will be filing violation of a court order and terrorist threats against Johnson. Tuesday, 03-08-05 (99): 0225 hours- Deputy Leary handled an injury traffic collision on Avenue 48 East of Dune Palms. The single car traffic collision impacted a large IID power pole on the south side of the street. The driver, Maria Ramos, age 20, had walked to the Chevron gas station on SR I I I at Dunes Palms and asked for assistance. AMR transported the moderately injured female to Desert Hospital. Her BAC according to their -medical screening was .19/.19. Deputy Leary obtained a blood draw from Ramos. She was admitted into the hospital due to her injuries. Wednesday, 03-09-05 (125): No significant activity to report. Thursday, 03-10-05 (71): Deputy Leary arrested Jonathon Russo and Justin Whitehead at the parking lot of the Walmart shopping center for public intoxication. Deputy Butvidas arrested Lisa Gonzalez, of Thermal, for driving under the influence after she almost collided head-on into Sgt. Blackwood's patrol car on Monroe and Avenue 51, Sgt. Blackwood stopped Gonzalez at Monroe and Avenue 53, Deputy Butvidas responded and conducted the DUI investigation. Gonzalez's EPAS BAC was .21/20, she was booked into the Indio jail. Friday, 03-11-05 (63): Deputy Butvidas was witnessed a vehicle traveling west bound on Ave 54 rear end another vehicle and then flee. The fleeing vehicle became disabled and stopped about 100 yards from the scene of the collision. The driver was uncooperative but finally exited the vehicle. He had a strong odor of alcohol and was staggering and obviously very intoxicated. There was a '/2 empty quart of "Night Train" wine in the vehicle. The driver was identified as Spencer Lyons, a Native American, 69 years old, from Temecula. Lyons refused all tests, with the exception of having his blood drawn. He was arrested and booked into jail for driving while under the influence of an alcoholic beverage. ,193 Deputy Reynolds responded to a theft of beer at the Shell Station at SR 111 and Adams in La Quinta. Based on witness information, the suspect and the beer were located. Out of custody filling on Dionisio Ramirez Jr, 18 years of Indio. Deputy Moore responded to the 52000 block of Velasco, in La Quinta in reference to a domestic disturbance. He arrested, Zochil Padilla, 24 years of the above address for domestic violence and child endangerment, She was transported to the Indio jail. Saturday, 03-12-05 (76): 2355 hours- Deputy Butvidas responded to a traffic collision at Desert Club and Ave. 52. Timothy Crompton, 61, was found to be under the influence of alcohol having a BAC of :20/.17. He was arrested and booked into jail for the same. 2359 hours- Deputy Alexander responded to 53000 block of Ave. Herrera regarding an assault with a deadly weapons call. A 25 year old female, out of La Quinta, told Deputy Alexander she and four friends were stopped at the trffic light at Washington and Eisenhower. A white Chevrolet p/u pulled up next to her car and the driver of the p/u waved. The victim asked what they wanted and the driver threw a beer bottle at the victim striking her in the head. Both cars continued s/b on Washington to Ave 50. The white p/u stopped in the middle of the intersection blocking the victims' vehicle. The victim got out of her vehicle as did the driver of the white p/u, and the victim asked the driver of the p/u why he threw a beer bottle at her. She was hit by another beer bottle thrown from the white p/u, hitting her in the forehead. The driver of the white p/u was described as a W/M/A, approx. 18-20 years old, brown hair, wearing a blue baseball cap, a black jersey style tank top, and blue jeans. He threw a pair of scissors, hitting the victims' car. The victim attempted to chase after the suspect, but lost sight of it. 0040 hours- Deputy Alexander responded to a disturbance call at Ave. Diaz and Calle Durango. When he arrived he found victim # 1 lying in the driveway of a residence. V-1 had an 8" gash on his cheek. He was transported to Desert Hospital by ambulance. Victim-2 and 3 were located at Eisenhower Hospital. V-2 had a 2" laceration on the side of his head and a 1" laceration on his cheek. V-2 had other numerous bruises on his body. V-3 had about a 2" laceration on the back of his head. V-2 said he was hit in the head with a beer bottle from behind and did not see who hit him. V-3 was hit in the head by a thrown beer bottle. The suspect in the earlier case matches the description in this assault. Sunday, 03-13-05 (67): 0745 hours- Deputy Pierce arrested Paul Tortorelli, 23 yrs for vandalism, violation of probation, and for delaying an investigation. Tortorelli vandalized a counter at the Carl's Jr and was in violation of his probation by his actions. Monday. 03-14-05 (88): No significant activity to report. Tuesday. 03-15-05 (89): 1350 hours- Cpl Lopez was "flagged down" in reference to a stolen car that had been located by the victim. Cpl. Lopez observed two persons walking towards the vehicle even as he was talking to the victim. He approached the subjects and during the investigation he verified the vehicle was stolen. Both suspects fled on foot and, after a short foot pursuit, Cpl. Lopez caught the male suspect. Deputy Drafton chased the female suspect and caught her after a lengthy foot pursuit. The subjects were also found to be in possession of stolen property from the Kohl's Department store. The male suspect was identified as Donato Martinez, 20 yrs., and he was booked for an outstanding felony warrant, resisting arrest, burglary, and receiving stolen property. The female was identified Ammie Defrece, 19 yrs., and she was booked for grand theft auto, resisting arrest, burglary and receiving stolen property. 1727 hours- Cpl. Coleman responded to the area of Ave. Bermudas and Calle Tampico in reference to several juveniles using force to take bikes away from several other juveniles. The suspects were all located. One suspect was arrested for robbery and booked into Indio Juvenile Hall. A second juvenile was charged with battery and will be filed on out of custody. The third juvenile was charged with petty theft and will also be filed on out of custody. Wednesday, 03-16-05 (82): No significant activity to report. Thursday, 03-17-05 (67): No significant activity to report. Friday, 03-18-05 (71): Deputy Alexander responded to 45000 Desert View, La Quinta regarding an unattended death. The deceased Donald Ross, 78, a part time resident of La Quinta, appeared to have died of a heart attack according to relatives who were with him. The Coroner detained Ross' body pending contact with his physician in Ohio. Deputy Butvidas arrested Felipe Martinez, 36, during an enforcement stop for loud music and for driving while intoxicated at Calle Nogales and Avenida Velasco, in La Quinta. Deputy Munoz responded to a burglary at the Walmart in La Quinta, involving check fraud. The La Quinta set team assisted by checking the parking lot for a heavy set Hispanic male wearing a gray baseball cap and black t-shirt, with red lettering. They located a male fitting the description in the area who was identified as Alonso Gomez Vibanco. He was found to be currently out on bail for "bad checks." Alonso was also on probation and pursuant to a probation search, methamphetamine was located in his coin pocket. Alonso was arrested and booked into jail for burglary, check fraud, probation violation, possession of methamphetamine, and committing a felony while out on bail. Deputy Ortega responded to a suspected suicide on the 53000 block of Eisenhower Drive in La Quinta. The descendent, Richard Correa Jr. of La Quinta, was last seen on Wednesday night after retuning from the casino. Some pill bottles were found in the room by the bed. No signs of trauma. Coroner Birdsall responded. Lt. Navarro notified. Saturday, 03-19-05 (64): 0318 hours- Deputy Alexander responded to the 52000 block of Eisenhower regarding a TRO violation. Charles Grajiola, 28 years, was at the location in violation of a domestic restraining order. He was arrested and booked into jail for the same. 1300 hours- Deputy Drafton responded to the Indian Wells Tennis Gardens regarding a female who was being stalked by her ex -boyfriend. The victim told deputies her ex -boyfriend, Keith Allen Martin, 43, has been harassing her, following her, calling her and "won't take no for an answer". She told deputies she was afraid of Keith. Deputy Drafton arrested and booked Martin for stalking and assisted the victim in obtaining an emergency protective order against Martin. Sunday, 03-20-05 (59): No significant activity to report Monday, 03-21-05 (69): 2150 hours- Cpl Swan responded to the 79-900 block of Westward Ho in reference to a report of a disorderly female. Upon his arrival, he met with Mary Singer, 58 yrs. of La Quinta. Singer was found in a public place and intoxicated to the point where she could not care for her own safety. She was arrested for public intoxication and booked into the Indio Jail for detoxification only. Tuesday, 03-22-05 (73): 1445 hours- Deputy McFadden and Deputy J. Diaz, arrested Luis Carlos Morin Jr., 30 yrs. for assault with a deadly weapon at the Walmart in La Quinta. Morin and the victim had a verbal disagreement and Morin assaulted the victim with a bat. The victim sustained injuries to his arm. Wednesday, 03-23-05 (65): 1100 hours- Members of the La Quinta Set Team conducted a pedestrian contact on Miles Ave. and Harland on a male who was crossing the roadway illegally. The male identified himself as Adrian Alvarez, who lives at a mobile home at the Miles Ave. Mobile Home Park. A computer check of the residence revealed a Fabian Padilla, 20 years, lived at the residence and had a felony warrant for vehicle theft. The LQ Set Team was able to identify the male to be Fabian Padilla by his tattoos and description. They arrested Padilla for the warrant, and pursuant to arrest, searched him and located drug paraphernalia and marijuana. Padilla was booked into jail for the felony vehicle theft warrant, possession of drug paraphernalia, possession of marijuana, and giving a false name to a police officer. Thursday, 03-24-05 (52): No significant activity to report. Friday, 03-25-05 (71): No significant activity to report. Saturday, 03-26-05 (59): 1530 hours- Deputy Drafton responded to the Home Depot in reference to two suspects in custody for burglary. Arrested was, Rudy Rodriguez, 42 years of Coachella, and Gloria Perris, 43 years. They were caught using receipts for items. They were booked in to the Indio jail. Sunday, 03-27-05 (65): 0630 hours- Deputy Lugo and Cpl. Black responded to a possible assault with a deadly weapon call on the 52000 block of Avenida Navarro. During their investigation, it was determined that Efrain Gutierrez, 39 yrs of La Quinta was a danger to others. Two family members were slightly injured when the subject swung a stick at them to chase the evil from the house. Family members do not desire prosecution but want him admitted for evaluation. Gutierrez has a history of mental illness and was off his prescribed medication. He was transported to Desert Hospital. Monday, 03-28-05 (88): No significant activity to report. Tuesday, 03-29-05 (52): No significant activity to report. J tl Wednesday, 03-30-05 73(73): No significant activity to report. Thursday, 03-31-05 (77): 1300 hours- Deputy Knight responded to Ave. 54 and Jefferson regarding a construction crane that fell over and pinned the driver. The driver, Carlos Jose Torres, was transplanting palm trees using the crane. The wind started swaying the palm and the crane became unstable and as it was tilting over, the driver tried to jump from the crane but did not make it clear. He was transported to Desert Hospital. 1610 Hours- Deputies responded to the Store Quest Self Store facility at 46-600 Dune Palms in La Quinta in reference to the management seeing unauthorized subjects in the facility. Deputies stopped a vehicle in the facility and during the course of the investigation arrested: Michelle Ann Gochenour, of Las Vegas, and Michael Eugene Murphy, of Palm Springs, for Conspiracy and burglary. Both were booked at the Indio Jail. 2125 Hours- Deputies Wedertz and Celaya conducted an arrest warrant service on the 52000 block of Avenida Rubio. They arrested Moises Ramirez of LA Quinta for a narcotics felony warrant. Ramirez was found to have a baggie with several illegal prescription pills in his pants pockets. Ramirez did not have a prescription for the pills and was also charged with possession of a controlled substance. Total calls for service: 2212 r La Quinta Police Department Special Enforcement Team Monthly Report March., 2005 (Dep. Wedertz, Dep. Celaya, Sgt. Jimenez, Dep. Olsen, Dep. Bolton) The following is a summary of the Special Enforcement Team activities for the month of March. **************************************************************************************************** Ongoing Investigations Parole Searches Vehicle checks Investigation assists Arrest Warrants Attempted Pedestrian Checks Bar Checks Follow-ups Meetings Citations issued Property Checks Bicycle Time Illegal Drugs Seized 2 Probation Searches 0 0 Arrests/ Filings 5 13 Business Contacts 11 5 Arrest Warrants Served 4 4 Programs 0 9 Crime Prevention Hours 80 0 Back-ups 9 15 Search Warrants 0 6 Recovered Stolen Property 0 2 Surveillance's 0 14 Civil Commitments 0 0 Training Hours 0 .8 Total Mileage: 692 miles Noteworthy Accomplishments ♦ Arrested a 17-year old juvenile for a no bail warrant and possession of Marijuana. ♦ Arrested Fabian Padilla for a $25,000 felony warrant for grand theft auto. Padilla was contacted after jaywalking at Miles and Coldbrook. Padilla was also charged with possession of Marijuana 11357(b)HS, possession of drug paraphernalia 11364HS, giving false information to a peace officer 148.9PC. ♦ Arrested Moises Ramirez 22 of La Quinta for a $25,000 felony warrant 11377 (a)HS, during search incident located approximately 20 pills (Vicodin) in Ramirez pants pocket. Ramirez had no prescription for the pills and was charged with 11350HS-Possession of a controlled substance. ♦ Arrested Danny Johnson 47 of 909 for 422 terrorist threats towards his wife. Suspect was barricaded inside his residence and was subsequently arrested without incident. LA QUINTA POLICE MOTORCYCLE ACTIVITY REPORT PROGRAM STATISTICS MARCH 2O05 Prepared By: Deputy Dave Adams p /r Speed Violations Fail to Yield Turning Violations Calls for service & B/U' Red light / Stop sign Child Seat Violations 12 Lane Change Violation Seat Belt Violations DUI Arrests Misd. Arrest Felony arrest Warnings 0 Tows Injury T/C Non -Injury T/C Suspended DL Non -Moving H&S 10 0 35 5 3 0 12 46 1 12 65 0 43 3 16 0 HIGHLIGHTS City of La Quinta Community Oriented Policing Office and Volunteers Report March, 2005 Highlights: • The volunteer program averages fourteen volunteers who are assisting in many capacities in the La Quinta Community Policing Office (CPO). • Several volunteers do database entry for all La Quinta traffic and parking citations and one enters the traffic collisions into the system from the COP office. Two volunteers are assisting with weapons identification on a task designated computer at the CPO. One volunteer is assisting with Crime Analysis and Statistics. Other volunteers are assisting in Logistics and Property at the Indio Station in addition to their staffing duties at the CPO. • Ongoing training programs are planned. Volunteer Hours and Monthly CPO Stats Monthly YTD Totals (4/03 to Present) Hours 256 694 5470.5 Visits 126 405 3354 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT March 2005 School: La Quinta High School Deputy: Robert Brooker 14- Criminal Reports 1- Non Criminal Incidents 25- Arrests 2- DA Filings 8- YAT Referrals 5- Traffic Stop 1- Vehicle Checks 2- Pedestrian Checks SchoolSession: March 1 St through March 31 st, 2005 Highlights: ➢ The last week of this month there was no school, for Spring Break. ➢ 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. The biggest problem this month was the student not wanting to attend school. In 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. ➢ La Quinta High School: This month I had several parents reporting to me, other girls are threatening their daughters. And I am not sure it this is a coincidence, but all the fights which occurred at both La Quinta High School, and La Quinta Middle School, involved females. ➢ I handled the usual thefts from the locker rooms, and cell phones being lost or stolen. ➢ I handled an annoying/obscene phone call, which took place off school grounds, but involved students. In a one -week period, I issued 22 citations for truancy. Another student knowingly attempted to pass a counterfeit bill in the school cafeteria, and another was found in possession of drug paraphernalia. ➢ While conducting a follow-up to a residential burglary, which occurred over a weekend, I attested and booked a freshman student for burglary. ➢ La Quinta Middle School: This month, I handled an unfounded arson, which I determined to be playing with a cigarette lighter and accidentally started a fire. I handled a battery, where a female student waited for anther female student to exit the bathroom, and "cold -cocked" her. Plus, a female student was found in possession of 1.5 grams of marijuana. All of these students were referred to the Youth Accountability Team (YAT), to be supervised on the LQMS campus. CITY of LA QUINTA MONTHLY COMMUNITY SERVICE OFFICER REPORT MARCH 2O05 C.S.O.: Monica Santillanes C.S.O.: Thomas Fowler Summary of Activity for the Month of January Type of Activity Number of Incidents Burglary Investigations 12 Grand Theft Reports 7 PettyTheft Reports 5 Vandalism/Malicious Mischief Reports 7 Vehicle Theft or Recovery Reports 5 Traffic Collision Response 17 Vehicle Code or Parking Citations 16 Abandoned Vehicles Tagged w/ Warning 7 Towed Vehicles 3 Lost or Found Property Reports 7 Area Checks /LQ Skate Park/Laborers 27 Public Assistance 11 Custodial and Non -Custodial Transports 3 Miscellaneous Calls 8 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT INDIO STATION 82695 Dr. Carreon Blvd. Indio, California 92201 March 2005 Explorer Post 503 Program Report Submitted by Explorer Post Advisor Andy Gerrard There were four training meetings for Post 503 Explorers during March (2, 9, 16 and 23). The meetings covered hostage negotiations (to prepare for the upcoming Explorer Competition), physical training and drill/marching practice. Riverside County Sheriff Hostage Negotiator Corporal Ken Black did a great job on the hostage negotiations lecture and practice scenario. I led the physical training. Deputy Manuel Alvarado handled the drill and marching training. Post 503 Explorers and Advisors successfully completed three volunteer events during March: 1. Assisting with parking and bicycle patrolling the parking areas during Sergeant Pina's March 5 retirement party at Thermal Airport, 2. Helping La Quinta Police Department personnel with passing out pocket motorcycle law update educational fliers in the La Quinta Cove area on March 9, and 3. Directing traffic, bicycle patrol, and crowd control during the March 12 and 13 Desert Search and Rescue Rodeo in Indio. Upcoming events include the Riverside County Sheriff's Department Finding Our Way Together Youth Camp and the Explorer Competition. The youth camp is scheduled for May 20-22, 2005 in Forest Falls, California. The competition is scheduled for June 10-12, 2005 in Las Vegas, Nevada. ijawiroiro. ��yy�ssar�ib:1�41 ,.y . a w+ a �t ate'" � 4 E .f.� a T -n n -n C/) rm n 00-40)Ul.Ph-WN Z > r" < m D x x_ �00 > x > m cwo>o -nD`p ozmr-r-cCm y c m -n rm- z U) rn o0 N 4 _ 4C)NO�_ WNGo000 OOC rn N cnocn0)cnwoCD00) oo oC y C)000mC�NTlON04CJI 0 N 00 O O tit O O W 0)� co O N�� 00 0 0 N 00 O O �i CITY OF LA QUINTA DISPATCH INFORMATION - FEBRUARY 2005 TYPE OF NUMBER OF CALL RESPONSE TIME MINUTES INCIDENTS EMERGENCY 6.4 2 ROUTINE 10.82 1168 ** Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. "q m o� o � 0 m z z 0 op =A c�D 0 o -< O n � c� A m -n Cn C) CA \Z� r D 00 m m vo c 0 N W CJ� O 11 00 O O O O O O O O O I D 2 0 0 0 O cD N e CD CD 4 3 2 O 9 n v m O m D C 03 c G) m m m m m ., m n m z O O O O O O O O O O 0 N N O O O O In (DD t • .� w `f .� .�. 2500 2000 1500 1000 500 0 Month to Month Calls for Service Comparison - February 2005 Total Non -Criminal Criminal ® Feb. 2005 M Feb. 2004 Year to Date Calls for Service Comparison 4500 3889 4000 a' 3500 3000� n 2500 YTD 2005 m YTD 2004 2000 1500 1413° 1000 !q_Y 500` E 0 r Total Non -Criminal Criminal 0 q I- �, r A ri q .t ,) Craig E. Anthony Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of - Banning Beaumont .;. Calimesa .r Canyon Lake .;. Coachella .;. Desert Hot Springs A. - Indian Wells .;. Indio Lake Elsinore La Quinta A. - Moreno Valley .;. Palm Desert .r Perris .;. Rancho Mirage .;. San Jacinto .;. Temecula Board of Supervisors Bob Buster, District 1 John Tavaglione, District 2 Jeff Stone, District 3 Roy Wilson, District 4 Marion Ashley, District 5 RIVERSIDE COUNTY FIRE DEPARTMENT 210 West San Jacinto Avenue • Perris, California 92570 • (951) 940-6900 • Fax (951) 940-6910 DEPARTMENT REPORT: lO April 10, 2005 Honorable Mayor Adolph and Members of the City Council City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Ref: Quarterly Report Attached please find the Fire Department Quarterly Report for the City of La Quinta for January 1 through March 31, 2005. The report depicts the following highlights: Riverside County Fire Department units responded to the following La Quinta Calls: • Medical Aids 387 • False Alarms 58 • Structure Fires 12 • Vegetation Fires 1 • Rescues (accidents, entrapments) 54 • Other Fires (vehicle, refuse, etc.) 19 • Public Service Assists 31 (Non -emergency assistance) • Fire Menace Standby 10 (Fuel spill, gas leak etc.) The first quarter of this calendar year brought many challenges, as local rainfall was near record setting. While flash floods were predicted and realized, the Department met the challenge by staring our swift water teams at both ends of the County. Consisting of specially trained firefighters drawn from many of our stations, they respond on "Squad" trucks loaded with considerable equipment. Based on local hazards, one of these teams was stationed at your North La Quinta Fire Station numerous times as storms occurred. Attached you will find some photos of a rescue conducted at the storm water crossing on Jefferson Street in La Quinta. In another series of photos, Department members are shown on the scene of an industrial accident within our City. In this case, a worker was critically injured when the crane truck he was operating overturned. While most residents are familiar with our traditional work of fighting fire, or providing medical assistance, these are good examples of other emergencies to which we respond. Respectfully submitted, Craig E. Anthony Fire Chief By: Dorian I Cooley Battalion Chief Attachments ..- 4.10 Civilian awaits rescue while team advances using probes to check for drop offs and holes. Minutes after the rescue was completed, a large section of the roadway gave way, taking with it a large rail that had been functioning as a temporary dam. A boom truck lies on its side, after an accident within a local country club. 140 120 100 80 60 40 20 0 La Quinta City Fire Responses Monthly Totals ■ January-05 ■ February-05 ❑ March-05 �� s ZVC, s�sfs a0 Janua -05 Februa -05 March-05 Medical Responses 139 116 132 False Alarms 24 14 20 Structure Fire 2 6 4 Vegetation Fires 1 0 0 Rescues 19 22 13 Other Fires 8 3 8 Public Service Assists 10 13 8 Fire Menace Standby 4 4 2 TOTALS 207 178 187 � rJ 400 350 300 250 200 150 100 50 0 La Quinta City Fire Responses Quarterly Totals Quarterly Comparisons ❑ 2005 ■ 2004 �s �o,1zo ��°s �► 0� .o s � ��► 02 �s s O '0' i• Vim, a sus 6y First Quarter 2005 2004 Medical Responses 387 351 False Alarms 58 46 Structure Fire 12 6 Ye etation Fires 1 0 Rescues 54 41 Other Fires 19 5 Public Service Assists 31 20 Fire Menace Standby 10 14 TOTALSI 572 483 4/10/2005 L� FROM : FAX NO. : Apr. 15 2005 09:44AM P2 IM Mr- A - Thomas J. McDermott, Jr. Steven W. Delateur" Professional Law Corporation Of Counsel t.yly Nguyen *Also Admitted In: VIRGINIA* DISTRICT of COLUMBIA' *Inaava Via Fax (760-777-1223 ) and First Class Mail MCDERMOTT & DEL,ATEUR, LLP ATTORNEYS AT LAW A LIMITED LIABILITY PARTNERSHIP 74-770 HIGHWAY 111, SUITE 201 INDIAN WELLS, CALIFORNIA 92210-W68 Doug Evans Community Development Director City of La Quinta P.O. Box 1504 La Quinta, California 92247 Re: Travertine Corporation -Our File: A11-36r18a Dear Mr. Evans: telephone: 780-346-8200 facsimile: 760-346-8255 sdelateur®earthllnK. net tmcdermot1jr0earthlink.net April 15, 2005 Oranne Countv Office 16480 Harbor Blvd., Ste. 101 Fountain Valley, CA 92708 telephone: 714-631-7080 facsimlle, 714-531-7082 Further to our series of meetings and City Cou icil study sessions concerning the Travertine trails, Travertine requests the assistance of Council Member Terry Henderson to resolve the impasse that currently exists among the U. S. Fish & Wildlife Service (the "Service"), the Bureau of Land Management ( BLM') and the City. Travertine has worked diligently for several years with BLM and the Service to reach the point where the Service is ready to draft the Biological Opinion (SO") for the Travertine project within 60 days of the City's concurrence with the bighorn sheep mitigation required by the Service. Based on multiple meetings with the Service and BLM, it is apparent that the access permit applications with BLM are not going to move forward unless the City of La Quinta, the Service and BLM agree on the disposition of the proposed trails in Section 4 and Section, 5. As you know, the Service wants'the trail connectors in Section 4 and Section 5 removed. The City has signaled its unwillingness to remove those trail connectors. BLM. is not going to proceed unti 1 it knows that the City is in agreement with the proposed mitigation for this project. Travertine(A1136-18a/041505Evm&Ltr FROM : FAX NO. : Apr. 15 2005 09:44AM P3 Doug Evans April 15, 2005 Page 2 To negotiate the resolution of this impasse, Travertine requests that Council Member Henderson participate in a meeting with the Service and BLM conceming resolution of the trails issue, including access to the Martinez Rock4lide. Having been active in the National Monument. Plan and a leader in the City Council concerning trails, Council Member Henderson has the knowledge, experience, and personal commitment on this issue that we believe will be pivotal in forging a common approach on the part of the Service, BLM and the City on this matter. For more than ten years, the City of La Quinta has supported the Travertine development. Both Travertine and the City look forward to the day when this project come, to fruition. Therefore, we hope that Council Member Henderson will be able to lend her invaluable participation at this crucial juncture in Travertine', entitlement process, Please call me at your earliest opportunity to discuss this requested meeting. Sincerely, MCDF, (ITT & DELITEUR I.I,P Y" STEVEN W. DELATEUR SWD/jl Enclosure cc: Council Member Terry Henderson (via fax) Ray Plote (via fax) Board of Directors (via fax) Kim Gould (via fax) Kathy Jenson, Esq. (via fax) Jiro Hildenbrand (via fax) Travettinc/Al l 36-I W041 S05Bvmu,Ltr Truman Elementary School 2005 David Blessing Kaa en Carlton Ellen Fain Raymond Guerrero Tai Kotani Brooks Kriske Alex Lambrose Kimberly Nava Cassie Peters Ashley Rehbehn Jenna Richardson Jessica Rios John Schuknecht Matt Schumaier - -- 0, W. �m OF T w COUNCIL/RDA MEETING DATE: April 19, 2005 ITEM TITLE: Public Hearing to Consider and Take Action on Appeal Filed by Washington 1 1 1, Ltd., Regarding Grading Permit Condition and Process of Final Map RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Conduct a public hearing to consider the appeal filed by Washington 1 1 1, Ltd., regarding Grading Permit conditions and the processing of Final Maps 32683-1, 32683-2, and 32863-3 in accordance with La Quinta Municipal Code Section 2.04.130, and then take action as deemed appropriate by the City Council. FISCAL IMPLICATIONS: There are no fiscal impacts directly associated with the consideration or action on this appeal. However, if the appeal is granted, this could necessitate the construction of drainage improvements in the vicinity of the Washington Park project at the City's expense. If the appeal is denied, it is possible that Washington 1 1 1, Ltd. could initiate litigation against the City, which would result in expenses to the City. In addition, if the opening of any new business located within Washington Park project is delayed, this could result in a loss of tax revenue to the City. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 24, 2005, Washington 1 1 1, Ltd. submitted an appeal pursuant to La Quinta Municipal Code Section 2.04.100. The items appealed include: (1) the imposition of a condition on a grading permit which requires the installation of facilities to accept tributary drainage flows from off -site; and (2) an objection to the processing of Final Maps based upon the grading permit condition. , , A brief overview of the history of the Washington Park project with respect to drainage requirements and conditions is necessary to understand the appeal. The current appeal centers primarily around drainage which flows off of Champion Chevrolet. The development of Champion Chevrolet (former, Simon Motors) was approved prior to the incorporation of the City. To staff's knowledge, there was no requirement for Champion Chevrolet to retain storm water on site. Currently, the drainage from Champion Chevrolet flows off site onto Simon Drive, out to Washington Street, and then flows south. Historically, storm water from the Champion site flowed south into previously undeveloped sand dunes, now mapped by the Washington Park development. In 2002, Champion storm water flowed to Simon Drive, then southerly at the east side of the edge of pavement of Washington Street, ultimately draining again to the Washington Park property. Curb and gutter on the east side of Washington Street was installed by Washington Park in the fall of 2004. Following this recent curb and gutter installation, Champion stormwater now flows on the east side of Washington Street, contained by the newly installed gutter, and proceeds south to the intersection of Washington Street and Avenue 47. In low flow storms, the water turns east at Avenue 47 and flows to Washington Park's retention basins 1 and 5. In larger storm events, the water in ever increasing quantities tops the crown of the street at Avenue 47 and continues south on Washington Street. On December 17, 2002, an Addendum to the Washington Park Specific Plan was adopted. This was amendment #4 to Specific Plan 1987-011. On page 20, Section IV.B., the Drainage Plan is outlined, and it includes the following statement: "The existing drainage that currently enters the site will be intercepted and directed into the site drainage system." The relevant Conditions of Approval for the Specific Plan Amendment No. 4 are as follows: RTR ► ! U 31. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100-year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of the adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 2 4- 3 36. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 37. Storm drainage historically shall be received and retained or downstream drainage relief route. (Emphasis Added.) received from adjoining property passed through into the historic The Tentative Tract Map approved at the same time (TTM 30903) included the following conditions: DRAINAGE 32. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling. on site during the 100-year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of the 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. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 38. 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. 39. Storm drainage historically shall be received and retained or downstream drainage relief route. (Emphasis added.) received from adjoining property passed through into the historic These same conditions are carried forward in Parcels 32683-1, 32683-2, and 32863-3. 3 w The Hydrology Report for the project was not yet finalized as of the date the Council considered the above items in 2002. The Mitigated Negative Declaration for the project therefore included the following discussion: The proposed project will be responsible for the drainage of on and off site flows. A preliminary hydrology study has been prepared for the project site ["Preliminary Hydrology Study," prepared by Pardue, Cornwell & Associates, October, 2002.1 The preliminary hydrology study prepared for the proposed project is still under review by the City Engineer, and will be modified to conform to the City's standards for on -site retention. In order to assure that this is the case, the following mitigation measure shall be implemented: 1. The project proponent shall secure approval from the City Engineer of the hydrology study for the project site prior to the issuance of any grading permit. Pursuant to the Mitigation Monitoring Plan, the measure was to be implemented as follows: The City Engineer would need to issue a letter of approval for the hydrology study prior to grading. Unfortunately, the Hydrology Report that was subsequently revised and resubmitted by Washington 111's hydrologist did not account for the off -site tributary areas. To the contrary, the report erroneously described the site as follows: The proposed project will develop 50 acres of retail center surrounding the existing Lowes Home Improvement store. The site is currently undeveloped with portions of the site previously mass graded. The remainder of the site consists of sand dunes with minor brush growth in some areas. There are no off -site drainage areas tributary to the site. Additionally, no outfall of drainage is proposed to leave the site. Rainfall runoff will be contained on -site in four (4) retention ponds. (Emphasis added.) Washington 1 1 1 does not wish to correct this oversight relative to the off -site tributary drainage contribution of Champion Chevrolet. M The City does not have a formal process for approval of hydrology reports. Instead, the method for final clearance is usually in the form of a letter from the plan check firm that conducts the review. In a letter dated February 13, 2003, addressed to Steve Speer, Berryman & Henigar stated: I have re -checked the Mass Grading Plans of Washington Park, Tract 30903. The Mass Grading Plan along with the Hydrology report is recommended for City approval, pending additional City comments. The City relies upon the developer's consultants to provide accurate, coherent plans and reports. Although plans and reports are typically reviewed by outside plan check consultants, it is not possible for the consultants to reconfirm all assumptions. In particular, off -site information, such as the Champion Chevrolet flows, are generally beyond the scope of outside plan check consultants as no data is typically supplied by the engineer of record which would allow this verification, and thus no verification can be performed for off -site conditions. The City has now determined that the 2002 hydrology report was incorrect, and it is the City's understanding that the engineers for Washington 1 1 1 do not disagree with this determination. Public Works Staff Design Request The Public Works Department seeks additional storm water inlet structures for Washington Street to properly drain Washington Street. The present condition creates lane losses in storm events. More specifically, an effective lane loss occurred on northbound Washington (3 lanes reduced to 2 lanes) for a storm generating 0.5 to 0.75 inches of rainfall in 3 hours observed at the City in December 2004. By extrapolation, larger 10- to 20-year storms generating 1.0 to 1.5 inches of rainfall could reduce Washington to 1 lane of effective traffic flow. The 100-year 3-hour storm is estimated to equal 2.2 inches of rainfall for frame of reference. The Public Works Department wishes to avoid lane losses in standard annual rainfall events. The additional inlet structures for Washington Street would, by default, collect Champion storm water. The Public Works Department recommends drainage to Washington Street by taking the storm water on -site to Washington Park retention basins 4 and 2 and subsequently passing through Champion Chevrolet historical flows. The Public Works Department believes this design would adhere to the governing Conditions of Approval, Specific Plan SP1987-01 1, Amendment No. 4. 5 q It is the Public Works Department's conclusion that utilization of retention basins 4 and 2 with subsequent pass through of the Champion Chevrolet storm water flow should not reduce the developable land for Washington Park. The City and Washington Park's current engineer of record, The Keith Companies, also seeks modification to Washington Park hydrology designs relative to other problems now apparent with the original hydrology report for the project. For example, Pad 1, adjacent to Adams Street, can not be constructed with the hydrology assumptions previously utilized by Washington Park. The adjacent Retention Basin 6 must be reconfigured to provide for proper stormwater storage volumes. Similarly, inlet structures on Adams must be reconstructed to properly collect adjacent storm flows. Washington 111's Appeal Washington 111 objects to the Public Works design request for storm water inlet structures on Washington Street outlined above. Following meetings between representatives of Washington 111 and City staff, it was the understanding of City staff that a resolution regarding the matter had been reached. Meetings held with Washington 111 representatives in early 2005 resulted in an apparent agreement to the installation of 2 inlet structures on Washington Street. Attachment 1 obtained from Washington 111 indicates this reflects that it was planning to incorporate these inlets into its design at one time. Washington 111 also indicated a Washington Street inlet on the Index Map for Phase 3 Precise Grading Plans approved by the City on 3/30/2005 (Attachment 2). Washington 111 then requested that the drainage plans include written disclaimers and agreements that the City Attorney did not feel were appropriate content for drainage plans. The language that Washington 111 sought to add is submitted herewith as Attachment 3. The City Attorney's position was that if Washington 111 believed that the conditions being imposed on the grading permit exceeded the City's authority under the original conditions of approval, Washington 111 needed to raise that concern by objection or appeal rather than by inserting what was essentially an unapproved contract that would purportedly bind future City Council action as a note on a set of plans. After the City Attorney's disapproval of the disclaimer language and agreement was reported by Public Works to Washington 111, Washington 111 indicated that it was justified in eliminating the Washington Street inlet structures. Washington 111 also reported that insufficient capacity was available to accommodate Champion Chevrolet flows. On March 24, 2005, Washington Park filed an appeal of the Public Works Department's decision with regard to the drainage conditions, and further objected to the processing of the Final Maps for 32683-11 -2 and -3. The appeal is submitted herewith as Attachment 4. Public Works Department's Response to Appeal The Public Works Department believes that the appeal is without merit. The Public Works Department does not believe that Washington 111 is complying with the Specific Plan drainage conditions. Condition of Approval 39 states that storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. Failure to install storm drain inlet structures on Washington prevents Condition of Approval #39 from occurring. The historical downstream drainage relief route was not Washington Street but land within Washington Park, which would ultimately drain to areas now known as Caleo Bay Drive and Lake La Quinta. Further, failure to provide storm drain inlet structures on Washington creates an unsafe driving condition from water accumulation and effective lane closures in larger storm events. Photos taken during the December 2004 storms Attachment 5) indicate significant water collection adjacent to the gutter flowline at Washington which effectively creates the loss of 1 of 3 travel lanes. The Public Works Department does not believe that it is imposing new conditions, but is rather compelling compliance with the existing conditions. The Public Works Department is not requiring Washington 111 to accept all off -site drainage, but instead is proposing a design that allows Washington 111 to pass the drainage through the site to historic downstream relief routes. Public Works proposes that future inlet structures would be installed on Washington Street, routed to adjacent retention basins 2 & 4. Overflows would be piped to 47th and Caleo Bay and directed to Lake La Quinta as the historical downstream drainage relief route. Finally, the Public Works Department believes it is properly processing the Final Map applications. Before the Final Maps are approved, Washington 111 must comply with the conditions of approval to the tentative maps. As stated above, the Public Works Department has concluded that Washington 111 has not yet satisfied the conditions, including Condition No. 37, in not one, but multiple locations within the Washington Park development. Public Works requests that a revised hydrology report for all six phases of Washington Park be submitted and approved by the City Engineer before approval and recordation of Parcel Map 32683. In accordance with the La Quinta Municipal Code Section 2.04.130, the Council is required to hold a hearing on the appeal. The Code then permits the City Council to uphold the actions of the Public Works Department, overturn those actions, modify those actions, or continue the matter to obtain additional information. 7 The Public Works Department and the City Attorney will be available during the hearing to provide additional information. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Conduct a public hearing to consider the appeal filed by Washington 1 1 1, Ltd., regarding Grading Permit conditions and the processing of Final Maps 32683-1, 32683-2, and 32863-3 in accordance with La Quinta Municipal Code Section 2.04.130, and uphold the actions of the Public Works Department; or 2. Conduct a public hearing to consider the appeal filed by Washington 1 1 1, Ltd., regarding Grading Permit conditions and the processing of Final Maps 32683-1, 32683-2, and 32863-3 in accordance with La Quinta Municipal Code Section 2.04.130, and direct a modification of the actions of the Public Works Department; or 3. Conduct a public hearing to consider the appeal filed by Washington 1 1 1, Ltd., regarding Grading Permit conditions and the processing of Final Maps 32683-1, 32683-2, and 32863-3 in accordance with La Quinta Municipal Code Section 2.04.130, and sustain the appeal and give appropriate related direction to the Public Works Department; or 4. Conduct a public hearing to consider the appeal filed by Washington 1 1 1, Ltd., regarding Grading Permit conditions and the processing of Final Maps 32683-1, 32683-2, and 32863-3 in accordance with La Quinta Municipal Code Section 2.04.130, and then continue the matter to obtain additional information; or 5. Provide staff with alternative direction. Respectfully submitted, Timothy J 6V on, Public Works Director Approved for submission by: Thomas P. Genovese, City Manager e Attachments: 1 . Washington Park Retail Center Hydrology Map 2. Index Map for Phase 3 Precise Grading Plans 3. Washington 11 1 's requested language for drainage plans 4. Washington 11 1 's appeal 5. 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P%�.�, -�_',� � Gre � gg��i� �� a \ r _ /� E;- QI E� •'� f \ r '.� , Ir Co MW q RI 66 wF+I W �� ,lisaarraraar ....... *amp �a W Z f■■ ■■■■mass anew r■■■r■>.■■■seum. rfrrr■r■■. rra.�rsa*■� � O � � � � F i � - --- T WASHINGTON STREET tO ° b Fri--lo� R62CL^B4SB�� 5 b 3 Y r Trhhif s Q $ k 9BNo a 8 Ull, ------- - 11,111 O a 000000000��®® ®® g� � l Be Y at at e e b $ a a gay � 1�3� lok � $ �� e b: �� p �■� � a � g��■� � � �b r a pill an. 1W Igz $ c a nb i Jill 1 ji IR -1 61 Ili gill ij� [I t H e a w a barAll @ 4� qa a m 8 ml o 6 m $ OR e e !'i �b fora = b i !., I lift gin b b r wb a me g��Sa c �G rlc G1121i s9c � W III z �ec. n@� 4 bol ti3a s :ts N� d�F ie �� 6�OImHG9d\EgLk\ \lu.e9\OOAYfOr\lWOI\O '.OMU Aln�me��f :A9 WIG:, - imi 'ni M1 MNON ENT 2 11 ATTACHMENT 3 TO BE ATTACHED TO HYDROLOGY STUDY, STREET PLANS OR ANY OTHER DOCUMENT THAT REQUIRES WASHINGTON 1119 LTD, OR ANY SUCCESSOR, TO ACCEPT DRAINAGE FROM LANDS OUTSIDE THE BOUNDARY OF WASHINGTON PARK The City of La Quinta ("City") is requesting an acknowledgement ("Acknowledgment") from Washington 111, Ltd., on behalf of itself and its successors -in -interest (collectively, "Washington 111 "), that Washington 111 has agreed to accept into storm drain facilities, including retention basins, curb inlet structures, oversized pipe and appurtenant facilities (collectively, "Drainage Facilities") within or otherwise serving land within Tentative Tract Map 32683("Washington Park"), drainage from the Champion Motors site, located at 78-611 Highway 111, La Quinta, California bounded by Simon Drive and Highway I I I ("Champion Site"), and perhaps other sites outside Washington Park as well (the Champion Site and such other sites are collectively referred to as "Offsite Source(s)"). City has also requested that the Acknowledgment be attached to any hydrology report, hydrology map and/or certain other technical documents and/or plans related to the development of Washington Park. As an accommodation to City only, Washington 111 has agreed to accept drainage from the Offsite Sources ("Offsite Drainage"). However, in doing so, Washington III is expressly reserving any and all legal rights Washington I I I has to recover from City, other agencies and any or all owners and/or users of the Offsite Sources, including the Champion Site, (i) the cost of expanding and improving any Drainage Facilities at Washington Park, as may be necessary to accept such Offsite Drainage, (ii) the ongoing cost of maintaining and/or operating any Drainage Facilities at Washington Park, including any remediation costs incurred because such Offsite Drainage contains any environmental contaminants, including hazardous wastes, hazardous substances, hazardous materials and/or pollutants, as described in federal, state and local laws and regulations, and (iii) any damages to which Washington 111 may be entitled under the law. Without limiting the generality of the foregoing, City has agreed to condition any future discretionary permit issued in connection with any of the Offsite Sources, including the Champion Site, to retain onsite all onsite drainage and all allocable offsite drainage, it being the intent that, in the future, none of the Offsite Sources, including the Champion Site, will drain into the Drainage Facilities at Washington Park. In the meantime, it is understood that City will allow Washington 111 to construct deeper retention basins at Washington Park (i.e., with an average of 2 to 3 feet deeper) than originally approved, to temporarily accommodate drainage from the Offsite Sources, including the Champion Site, and when the Offsite Sources no longer drain into the Drainage Facilities at Washington Park, City may require that the retention basins at Washington Park be modified to be shallower. City has also agreed that, if a discretionary permit application is received in connection with any of the Offsite Sources, including the Champion Site, and there is not already an agreement in place between the owner of the applicable Offsite Source and Washington 111, City will condition such permit to pay to Washington 111, the applicable Offsite Source fair share of the cost of (a) any initial oversizing of the Drainage Facilities required by the additional drainage burden created by the Offsite Source (based on cubic feet of additional water volume added to the Washington Park retention system), (b) continued maintenance of the Drainage Facilities until the Offsite Source no longer drains into the Drainage Facilities at Washington Park and (c) 12 DRAFT any modification of the retention basins at Washington Park required by City to make them shallower after the Offsite Source no longer drains into the Drainage Facilities at Washington Park. By signing this document, the undersigned certify that they have read and understand this document. Signature of Washington 111 Signature of City Representative Title of Document to which this document is attached 13 A ATTACHMENT 4 GRESHAM, SAVAGE, NOLAN & TILDEN LAWYERS er �� )a ; (909) 884-2171 j i`i i ; c: 4+ •j .' Facsimile (909) 890-9690 , t t .�.t,}4 ,. 1i r 1L+G TRANSMITTAL HAND DELIVERED L [ 0 D TO: City Clerk MAR 2 5 2005 City of La Quinta . CITY OF LAQUINTA COMMUNITY DEVELOPMENT FROM: Mark Ostoich DEPARTMENT DATE: March 24, 2005 RE: Appeal of Findings and/or Conditions Enclosed are. the following: 1. Check in the amount .of $175, representing the required Appeal Fee. 2. Application for Appeal of Findings and/or Conditions MAO/pmj Enclosures q N:\W742\000\lAr\Transmittal-City of La Quinta-01 14 GRESHAM SAVAGE NOLAN & TILDEN Check Date Check No COLA CITY OF LA QUINTA 03/24/2005 084086 DocNo ApplyTo Vendor Credit No Vendor Inv No Open Amt Disc Amt Pay Amt 084086 123795 $175.00 $0.00 $175.00 Stub Total $175.00 $0.00 $175.00 lie 084086,15 1: 12 20004 9 61: 58 1000 3 113,15 r City of La Quinta Community Development Department 78-495 Calle Tampico '-- `= La Quints, California vL 92253 �"J '�" ' 4 ' ' o! L..�; �;i (760) 777-7125 FAX: (760) 777RI3, e h -T] T 4' PC 29 -(Cross out one that does not apply) Asr,� cc� , pplicat�on for Appeal of Findings An dlO.r omcz USE ONLY Case No. Dace Recvd.3 -- T blued AppL.- Logged in br`� .�.. Conditions Appellant's Name .Washington 111, U d . ate 3 /24 /05 Address 78-365 Hwy 111, Suite 351, La Quints, !CA 92253 Phone: 760/ 485-5308 Resolution # and Condition(s) of Approval being appealed Any development rovicw.action may be appealed pursuant to Section 9.220.120 of the Zon ing Code. Please identify the type of application: Type of Appeal: Change of Zone _ Tentative Tract Map Specific Plan Tentative Parcel Conditional Use Permit Site Development Permit Variance � � _____ Temporary Use Permit M1IIOt jJ3e Permit Other . Grading Permit and Final Please provide sufficient information so as to make clear the substance Map Approval of each of the grounds for appeal. If applicable, indicate the number of the specific condition which is being Drotested. I. -AppeliaLt a eals and.ob'ects to the Grading Permit Condition that_it install facilities for the physical acceptance 'of tributory drainage flows from ofT s te. 2. Appellaut appeals -and objects to stallin the approval process for the Final Maps based on this unrelated GrAding Permit.. .XSee attached letter from Counsel for Appellant for additional information) Use additional sheets -.if necessary. Washington 111, Ltd. Signature �of Appellant MAPPed Finds-Cond q 16 GRESHAM SAVAGE NOLAN & TILDEN A PROFESSIONAL CORPORATION LAWYERS - FOUNDED 1910 { : `" ^} 550 EAST HOSPITALITY LANE, SUITESbws FOR THE FIRM: u Mark A. Ostoich SAN BERNARDINO, CALIFORNIA 92408-4205 (909) 890-4499 - FACSIMILE (909) 890-9 • ► �` e-mail: MarLOsmich@gmhamsavap.com ,•; i r www.greshamsavage.com - N 1 C c March 24, 2005 HAND DELIVERED City of La Quinta Office of the City Council 78-495 Calle Tampico La Quinta, California 92253 Re: Appeal of Approval of Grading Permit Conditions of Approval for the Development of a Trader Joe's Developer: Washington 111, Ltd. Dear Council Members: I represent Washington 111, Ltd., appellant in the above referenced matter. Mike McCormick and Russ Behrens of McCormick, Kidman & Behrens are co -counsel. Together, we are hopeful that we can resolve the issues that have recently delayed the development of the Trader Joe's store appellant is developing near the intersection of Highway I I I and Washington Street. On December 17, 2002, the City of La Quinta approved Resolution No. 2002-167, which adopted Amendment No. 4 of the Washington Park Specific Plan. The City added several conditions of approval. On March 23, 2004, the City's Planning Commission approved Site Development Permit 2004-800 for the development of a Trader Joe's'store. The Trader Joe's project involves approximately 12,000 square feet of space, which represents a very small portion of the approved Washington Park project. During the. grading permit process for the Trader Joe's project, appellant received comments that. it would be required .to. construct a detention system, including modifying an existing detention basin, to add sufficient capacity to accommodate not only on -site drainage,.but un-related . off --site, upstream drainage as well. After discussion and negotiation, including discussion with the City Manager, appellant received a March 14, 2005 email from Paul Goble, City of La Quinta Department of Public Works, stating: "Nevertheless, installation of the proper faciities [sic] for the physical acceptance of tributary drainage flows remain a City policy and standard condition of approval for development project." A copy of the Goble email is attached as Exhibit "A' RIVERSIDE OFFICE - 3750 UNIVERSITY AVENUE, SUITE 250, RIVERSIDE, CA 92501-3335 - (951) 684-2171 - FACSIMILE (951) 684-2150 VICTORVILLE OFFICE - 13911 PARK AVENUE, SUITE 208, VICTORVILLE, CA 92392 - (760) 243-2889 - FACSIMILE (760) 243-0467 17 q 1 GRESHAM SAVAGE NOLAN & TILDEN A PROFESSIONAL CORPORATION Mark A. Ostoich City of La Quinta March 24, 2005 Page 2 Appellant has recently learned that the City has stopped final map processing for Parcel Maps 32683-1, 32683-2 and 32683-3. Appellant, through its design professionals, received a March 21, 2005 email from Anthony Colarossi; Assistant Engineer I, that he could not "go any further with PM 32683-3. It has been placed on hold until the hydrology is approved by the public works engineers." A follow up email from Mr. Colarossi confirmed that the processing of Parcel Maps 32683-1 and 32683-1 has also been stopped. Copies of the Colarossi emails are attached collectively as Exhibit "B". . . Appellant is treating. the Goble email as written action that appellant will be required to accommodate on its property, all on -site drainage and unrelated off -site, upstream drainage. Appellant. hereby appeals that action pursuant to La Quinta City Code sections. 2.04.100 .and 2.04.110. The action mentioned in the Goble email is unnecessary because appellant is already accommodating all on -site drainage on its property and is complying with a condition of approval that was imposed in connection with Amendment No. 4 of the Washington Park Specific. Plan and that requires appellant to ensure that all unrelated off -site historical storm drainage from adjoining properties is passed through into the historic downstream drainage relief route. The time has passed for the City to impose new conditions and requiring appellant to accept all current flows of whatever nature from unrelated, upstream properties would result in appellant bearing the cost of a public benefit that is not reasonably related to appellant's proposed use of its property. Appellant is treating the Colarossi emails as written action that the final map approvals will not be processed until the unrelated drainage issue is resolved. Appellant hereby appeals that action. The action violates the Subdivision Map Act provisions regarding approval of final maps that substantially conform to previously approved tentative maps. A. Appellant is Complying with Condition of Approval No. 37. In December 2002 when. the City. approved the Washington Park Project, it added Condition of Approval No. 37, which provides, "Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route." Condition of Approval No. 37 was restated verbatim as Condition No. 51. in the Conditions of Approval for Parcel Map 32683. Hereafter, for convenience, the applicable condition of approval will be referred to as Condition of Approval No. 37. Appellant is complying with Condition No. 37 by passing through storm drainage historically received from the Champion Motors site into the historic downstream drainage relief route. Condition No. 37 only applies to storm drainage historically received from adjoining property. It does not apply to nuisance waters or any other flows generated by or on adjoining property. Appellant believes that there are water flows generated by or on the Champion Motors 18 q GRESHAM SAVAGE NOLAN & TILDEN A PROFESSIONAL CORPORATION Mark A. Ostoich City of La Quinta March 24, 2005 Page 3 site; such as waters used to clean the motor vehicles. These waters are not storm waters and thus Condition No. 37 does not require appellant to bear any responsibility for these flows. The term "historically received" is somewhat ambiguous, but certainly refers to storm drainage prior to December 17, 2002. If the term refers to a time prior to development, appellant is informed and believes that storm drainage flowed south across both the current Champion Motors site as well. as appellant's property. The Champion Motors development significantly increased historic storm drainage by paving over the ground. If the term refers to storm drainage after the Champion Motors site was developed, the Champion Motors developers channelized and concentrated storm drainage. Development of the Champion Motors site and Simon Drive caused concentrated and channelized flows to create an earthen swale south along Washington .Street. In light to moderate storm flows, the drainage then curved to the east at 47`b Street. In heavy storm flows, the drainage proceeded south down Washington Street towards Lake La Quinta. Regardless of whether the term refers exclusively to a period of time prior to development of the Champion Motors Site or refers to both pre -development and post development of the Champion Motors site, appellant is complying with Condition No. 37 by passing the storm drainage into the historic downstream drainage relief route: Appellant has ensured that all storm water received from Champion Motors is directed into the curb and gutter along Washington Street where it then travels into the curb and gutter along 47`h Street -if the . storm water flow is light to moderate or continues south along Washington towards Lake La Quinta if the flow is heavy. Condition No. 37 provides appellant with the choice to receive and retain the storm water or pass it through. Appellant has chosen the pass through option. B. The City Cannot Impose New Conditions. Appellant's right to develop the Trader Joe's project in accordance with the Washington Park Specific Plan and its supporting technical studies (one of which is a hydrology study that does not require the accommodation of the off -site drainage that the City is now asking appellant to accommodate), has vested in accordance with applicable California law. (Avco Community Developer, Inc. v. South Coast Regional Comm. (1976) 12 Cal.3d 785.) Appellant relied on the approved Specific. Plan, the underlying technical studies and applicable City development standards and spent substantial money to construct drainage and street improvements that do not provide inlet structures or otherwise contemplate the acceptance of off --site drainage flows. The drainage and street improvements were designed in accordance with all applicable City requirements and the City has already accepted all of the drainage and improvements. Appellant has complied with all of the conditions of the Washington Park Specific Plan, the Street Improvement Plans and. its original approved Hydrology Plan. Appellant is .complying GRESHAM SAVAGE NOLAN & TILDEN A PROFESSIONAL CORPORATION Mark A. Ostoich City of La Quinta March 24, 2005 Page 4 with Condition of Approval No. 37 by passing though storm drainage historically received from Champion Motors into the historic downstream drainage relief route that runs down the swale along Washington Street. The City cannot now impose new requirements or modify Condition of Approval No. 37; because appellant's rights have vested. C. The City Cannot Require Appellant to Accommodate All Off -Site Drainage. The City's action requires appellant to install facilities for the acceptance of all .unrelated off -site upstream drainage flows. This is inconsistent with Condition of Approval No. 37 which only requires that appellant accept or pass through storm drainage historically received from the Champion Motors site. This is also inappropriate since the Champion Motors drainage is not related to appellant's proposed use of its Washington Park property. The 'City's action impermissibly shifts the City's burden of paying for a public benefit to appellant. Conditions imposed on land use applications "are valid if reasonably conceived to fulfill public needs emanating from the landowner's proposed use." (Liberty v. California Coastal Comm'n. (1980) 113 Cal.App.3d 491.) The Liberty case involved a developer who wanted to demolish an existing structure and erect a restaurant across the street from a beach. The California Coastal Commission approved the plan, with the condition that the developer.agree to provide adequate parking for patrons and public parking after 5 p.m. ,for 30 years, to offset the need for public parking near the beach. This particular area required additional public parking because of earlier planning failures to require other restaurants to provide. sufficient parking. The developer challenged both conditions. The California Court of Appeal agreed that beach parking was a problem and the Commission properly required adequate parking for the restaurant. However, the Court ruled that dedicated free parking went beyond the developer's own land use requirements. The Commission was "attempting to disguise under the police. power its actual exercise of the power of eminent domain." (Liberty, supra at 504). The court concluded that imposing the burden on one property owner to extend beyond his own use "shifts the government's burden unfairly to a private party." (Id.) The United States Supreme Court has specifically ruled that there must be an "essential nexus" between the property owner's own use and the. condition to be imposed. (See Nollan v. California Coastal Comm'& (1987) 483 U.S. 825.) Appellant acknowledges that it is responsible for addressing its own on -site drainage, which it has done through its grading and site improvement plans. This is no different thanthe developer in the Liberty case having to provide parking for its own patrons. Appellant addressed the storm drainage historically received from the Champion Motors site by ensuring that it passes through to the historic downstream drainage relief route. However, the City's new requirement that appellant receive and retain all drainage of whatever nature from other properties is objectionable. because it is not related to appellant's proposed use of its own property. It would e -4 `t JL 20 GRESHAM SAVAGE NOLAN & TILDEN A PROFESSIONAL CORPORATION Mark A. Ostoich City of La Quinta March, 24, 2005 Page 5 appear that perhaps adjacent property owners are not addressing their own on -site drainage. This is unfortunate but the City cannot attempt to address that drainage by making downstream property owners responsible for it. In effect, the City is asking appellant alone to bear the cost of providing flood control measures where the danger of flood is not related to appellant's property use. The City or upstream property owners should bear these costs. The City's recent demand that appellant receive and retain all off -site drainage lacks the "essential nexus" to the underlying Trader Joe's grading permit. The City has an obligation to provide drainage and flood control and it cannot shift this burden to appellant where the drainage is. not related to appellant's proposed use.of its property. D. The City Cannot Delay Approval of Final Maps That Are in Substantial Conformance with Previously Approved Tentative Maps and on Grounds Unrelated to the Maps. The City has stopped final map processing for Parcel Maps 32683-1, 32683-2 and 32683 3. The sole reason for the delay in processing is the unrelated dispute over the off -site drainage condition discussed above. This delay violates the Subdivision Map Act. Government Code section 66474.1, states that "a legislative body shall not deny approval of a final or parcel map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final or parcel map is in substantial compliance with. the previously approved tentative map." When a developer has produced a final map that satisfies the previously approved tentative map, he is entitled to acceptance and approval of that final map without the imposition of new or altered conditions. (South Coast Central Regional Comm'n. v. Charles A. Pratt Constr. Co. (1982) 128 Ca1.App.3d 830.) . When a developer demonstrates substantial conformance, approval of the -final map is a ministerial act. (Beck Develop. Co. v. So. Pac. Transport. Co. (1996) 44 Cal.App.4`b 1160.) New conditions may not be imposed at the final map stage. (Id.; see also Government Code section 66474.2.) The City previously approved a tentative map with conditions. Appellant has met all of the conditions. Appellant has produced final maps that substantially conform to the previously approved tentative map but the City is refusing to approve them. The City is now unilaterally adding a new condition at the final map stage. The City is asserting that final maps cannot be. processed until the: unrelated off -site drainage issue is resolved. The City cannot impose a new condition at the stage of final map approval. E. Appellant's Requested Relief. Based on the above, appellant respectfully requests that the City Council rescind the .Department of Public Works imposition of a new condition that appellant be required to accept and retain all unrelated, off -site . drainage.. Appellant further requests that the City Council f 21 GRESHAM SAVAGE NOLAN & TILDEN A PROFESSIONAL CORPORATION Mark A. Ostoich City of La Quinta March 24, 2005 Page 6 instruct its staff to complete processing of the final maps for ultimate approval by the City Council. Very truly yours, Mark A. Ostoich, of GRESHAM SAVAGE NOLAN & TILDEN, a Professional Corporation MAO/MWN Enclosures N:\W742\000\Ltr\City Council Appeal grading permit conditions-06 �} 22 GOBLE EMAIL Exhibit "A" . . E, 23 4!.-# Phyllis Jackson Subject: FW: Washington Park -----Original'Message----- From: "Paul Goble" <Pgoble@,la-quinta.org> Date Mon, 14 Mar 2005 13:01:26 .To:"Phyllis Jackson" <Phyllis.Jackson@greshamsavag.e.com> Cc:"Jack Tarr" <tarr@cox.net>, "Bill Sanchez" <gsanchez@dc.rr.com>,. "Tim Jonasson" <tjonasson@la-quinta.org>, "Steve Speer" <sspeer@la-quinta.org>, "Kathy Jenson (E-mail)"'<kjenson@rutan.com> Subject: RE: Washington Park Pursuant to my conversation with City Attorney, Kathy Jenson this morning, the City of La Quinta is declining to approve hydrological study and plan attachment language pursuant to your email transmittal of February 28, 2005. As indicated by the City Attorney, a formal letter of protest to the condition could be generated, should you so desire. Nevertheless, installation of the proper faciities for the physical acceptance of tributary drainage flows remain a City policy and standard condition of approval for development projects. Thanks, Paul Goble, P.E. City of La Quinta Public Works -----Original Message ----- From: Phyllis Jackson [mailto:Phyllis.Jackson@greshamsavage.com) Sent: Monday, February 28, 2005 11:07 AM To: Paul Goble Cc: Jack Tarr; Bill Sanchez Subject: Washington Park From Mark Ostoich, Mr. Goble, - At Jack Tarr's request, enclosed are provisions Washington 111, Ltd. would like to have attached to hydrology studies, street p�lans.or any other document .that requires Washington 111 or any successor to accept drainage from lands outside the boundary of Washington Park. Please look this document over and provide me your comments. I will hear from you. Thanks for your help. Mark Ostoich Phyllis M. Jackson Legal Assistant to Mark A..Ostoich GRESHAM SAVAGE NOLAN & TILDEN 550 E. Hospitality Lane, Ste. 300 San Bernardino, CA 92408-4205 (909) 884-2171 (909) 890-9690 (fax). phyllis.jackson@greshamsavage.com 1 Please also let me know when 24 COLAROSSI EMAILS Exhibit `B" 25 Phyllis Jackson Subject: FW: Final Map for Council Approval -----Original Message ----- From: Tony Colarossi [mailto:acolarossi@la-quinta..org] Sent: Monday, March 21, 2005 1:21 PM To: Bill Sanchez Subject: RE: Final Map for Council Approval Yes, they are all held up. Thanks, Tony -----Original Message ---- From: Bill Sanchez [mailto:gsanchez@dc.rr.com] Sent: Monday, March 21, 2005 11:59 AM To: To Colarossi Cc: Jack Tarr; Berny Zambrana Subject: Fw: Final Map for Council Approval Tony, What about 32683-1 and 32683-2? Please confirm that these will not be held up. Berny from The Keith Companies will be delivering the 8 1\2 x 11 sheets and stamped cost estimates that you requested today. When will the SIA agreements for -1 and -2.be ready? Thanks. Bill Sanchez Construction Manager Washington 111, LTD 78365 HWY 111, No 351 La Quinta, CA.92253 0 760-342-2674 M 760-485-5308 F 760-342-4046 gsanchez@dc.rr.com -----Original Message ----- From: Tony Colarossi [mailto:acolarossi@la-quinta.org] 1 q. r1 �} ti 1 Sent: Monday, March 21, 2005 11:13 AM To: gsanchez@dc.rr.com Subject:. Final Map for Council Approval Hey Bill. I can't go any further with PM 32683-3. It has been placed on hold until the hydrology is approved by the public works engineers. So, you need to satisfy Paul's concerns so that he will provide direction to me so that I can provide you the SIAs for your signature. Thank You, Anthony Colarossi Assistant Engineer I Phone (760) 777-7089 Fax (760)-777-7155 Email acolarossi@la-quinta.org ***When replying or sending an email message to the City of La Quinta, please request a delivery receipt. Some email adresses are automatically blocked through our firewall.**.* Bill Sanchez Construction Manager Washington 111, LTD 78-365 HWY.111, No. 351 La Quinta, CA 92253 T 760.485.5308 F 760.564.3499 gsanchez@dc.rr.com 2 c,` 27 ATTACHMENT 5