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2005 05 17 CCeaf 4 4 adja City Council Agendas are Available on the City's Web Page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting Tuesday, May 17, 2005 - 2:00 P.M. Beginning Resolution No. 2005-038 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 - NONE 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. RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE 1 City Council Agenda 1 May 17, 2005 PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS - NONE WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF MAY 3, 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 MAY 17, 2005. 2. TRANSMITTAL OF TREASURER'S REPORT DATED MARCH, 31, 2005. 3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT DATED MARCH 31, 2005. 4. ADOPTION OF A RESOLUTION TO REAFFIRM THE CITY'S ADOPTION OF THE ANNUAL ASSESSMENT FOR CSA 152, AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS UNDER CSA 152. 5. APPROVAL TO EXTEND A PROFESSIONAL SERVICES AGREEMENT WITH NAI CONSULTING TO PROVIDE PROJECT MANAGEMENT AND CONTRACT ADMINISTRATIVE SUPPORT SERVICES FOR FISCAL YEAR 2005/2006. City Council Agenda 2 May 17, 2005 �' 6. APPROVAL OF DECLARATION OF SURPLUS PROPERTY. 7. APPROVAL OF THE RIVERSIDE COUNTY COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND HOME PROGRAM FUNDS FOR FISCAL YEARS 2006-2009 AND AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT. 8. APPROVAL OF A PETITION FOR CANCELLATION OF A WILLIAMSON ACT CONTRACT 40± ACRES LOCATED ON THE SOUTH SIDE OF AVENUE 52, 1,320 FEET EAST OF MADISON STREET WITHIN THE MADISON CLUB. APPLICANT: EAST OF MADISON, LLC. 9. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 32683-1, WASHINGTON 1 1 1, LTD. 10. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 32683-3, WASHINGTON 111 LTD. 11. APPROVAL OF FOOD AND BEVERAGE LICENSE AGREEMENT FOR SilverRock RESORT. 12. APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH PW CONSTRUCTION INC., FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE MUNICIPAL LIBRARY, PROJECT NO. 2000-06. BUSINESS SESSION 1. CONSIDERATION TO AWARD A CONTRACT FOR THE DOWNTOWN PARKING LOT AND LIGHTING IMPROVEMENTS, PROJECT NO. 2003-14, AND AUTHORIZATION TO EXECUTE A FINANCE AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA REDEVELOPMENT AGENCY. A. MINUTE ORDER ACTION 2. CONSIDERATION OF A RESOLUTION TO SUPPORT AB 888, AB 1222 AND SB 459 REGARDING LOCOMOTIVE AND RAIL YEAR EMISSIONS REDUCTIONS. A. RESOLUTION ACTION 3. CONSIDERATION OF MARKETING PARTNERSHIP PROPOSAL WITH CITY OF LA QUINTA AS THE TITLE SPONSOR FOR THE JIM MURRAY ALUMNI CHALLENGE GOLF INVITATIONAL. A. MINUTE ORDER ACTION City Council Agenda 3 May 17, 2005 `� 4 5. CONSIDERATION OF AN AMENDMENT TO TITLE 8 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE ADOPTING THE CALIFORNIA ELECTRICAL AND ENERGY CODES. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING CONSIDERATION OF CONSOLIDATING THE COMMUNITY SERVICES AND CULTURAL ARTS COMMISSIONS. A. MINUTE ORDER ACTION STUDY SESSION 1. DISCUSSION REGARDING PALM SPRINGS DESERT RESORTS CONVENTION AND VISITOR'S AUTHORITY JOINT POWERS AGREEMENT. 2. DISCUSSION OF SPHERE OF INFLUENCE. 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) 14. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 15. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 16. CULTURAL ARTS COMMISSION MINUTES OF APRIL 14, 2005 17. COMMUNITY SERVICES COMMISSION MINUTES OF APRIL 11, 2005 18. ARCHITECTURAL AND LANDSCAPE REVIEW COMMITTEE MINUTES OF APRIL 6, 2005 19. HISTORICAL PRESERVATION COMMISSION MINUTES OF MARCH 17, 2005 20. PLANNING COMMISSION MINUTES FOR MARCH 22, 2005 City Council Agenda 4 May 17, 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 APRIL 2005 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT FOR APRIL 2005 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT FOR APRIL 2005 7. FINANCE DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT FOR APRIL 2005 9. POLICE DEPARTMENT MONTHLY REPORT FOR APRIL 2005 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speakers podium. PRESENTATIONS - NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta City Council before a public hearing may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. City Council Agenda 5 May 17, 2005 1. PUBLIC MEETING/HEARING ON LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, FISCAL YEAR 2005-2006. A. MINUTE ORDER ACTION 2. PUBLIC HEARING TO ADOPT A RESOLUTION OF THE CITY COUNCIL APPROVING TENTATIVE TRACT MAP 33015, A 9-UNIT SINGLE-FAMILY DETACHED RESIDENTIAL CONDOMINIUM SUBDIVISION, WITH ONE CUSTOM LOT ON 2.37 ACRES, WITHIN PGA WEST PALMER PRIVATE COURSE AREA, AT THE NORTHEAST CORNER OF SHOAL CREEK AND RIVIERA. A. RESOLUTION ACTION 3. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO CONSIDER THE SALE OF REAL PROPERTY LOCATED AT 54-300 AVENIDA VELASCO BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND RAMON MARTINEZ AND MARIA SALCIDO. A. MINUTE ORDER ACTION ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on June 7, 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. City Council Agenda 6 May 17, 2005 DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of Tuesday, May 17, 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, May 13, 2005. DATED: May 13, 2005 JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. City Council Agenda 7 May 17, 2005 "� euy.4i e""A Trauma Intervention Program U. os� 'Citizens Helping Citizens I n Crl'* s is " "TIP" 2nd Annual Charity Dinner, Live Auction & Raffle Master of Ceremonies Ronnie Marmo Special Entertainment Andrew Caddo Music provide- by Ronnie Felix Music for all occasions plus Karaoke Friday, June 10, 2005 at 6:30 PM Indian Wells Country Club $60.00 per person For tickets call Mellany at 760-272-7586 All proceeds to benefit Coachella Valley TIP E4101 pAt�, eewt'� ,�. zrji7/a s Good afternoon MY NAME IS BERNARD MANKERTZ RESIDING AT THE SEASONS SENIOR APTS I RECENTLY MOVED HERE FROM PALM SPRINGS I WANT TO THANK YOU FOR CREATING A TRULY MAGICAL PLACE TO LIVE. AN ACTIVE CITY HALL A BEAUTIFUL SENIOR CENTER THE NEW LIBRUARY PLUS A MYRAID OF EVENTS FOR ALL CITIZENS HOWEVER I DO HAVE A VERY IMPORTANT CONCERN FOR WE LOW INCOME SENIORS WE SPEND MOST OF OUR INCOME RIGHT HERE IN LA QUINTA YET THE CITY DOESNOT HAVE RENT CONTROL 1 EXAMPLE AFTER A 1 YEAR LEASE RENT WENT FROM $440 TO $479 WITH NO EXPLANATION HOW THAT FIGURE WAS DETERMINED-. IS THIS SENIOR RAPS— THERE ARE 91 UNITS IN THE COMPLEX WE ARE ALL ON LIMITED INCOME A RESONABLE RENT CAN BE JUSTIFIED BUT AT LEAST PRESENT A FORMULAE OF PERSENTAGES WE CAN UNDERSTAND. TO MAKE THIS TRULY THE GEM OF THE VALLEY THIS RENT CONTROL ISSUE SHOULD BE ADDRESED THANKYOU Bernard Mankem 50920 Paradise Lust Dr Apt D La Quinta CA 92253-2973 Sunday, May 15, 2005 America Online: Desertratps 9 /W 4 T H IVCO m •4' w�W AGENDA CATEGORY: OF9 COUNCIL/RDA MEETING DATE: MAY 17, 2005 ITEM TITLE: Demand Register Dated May 17, 2005 RECOMMENDATION: Approve Demand Register Dated May 17, 2005 BACKGROUND: Prepaid Warrants: 63570 - 636161 29,042.27 63617 - 636391 104,347.26 Voids} (703.00) Wire Transfers } 246,413.25 P/R 32735 - 327581 140,772.47 P/R Tax Transfers} 34,503.77 Payable Warrants: 63640 - 635691 49208.39 $1,047,184.41 FISCAL IMPLICATIONS: Demand of Cash - City $842,201.34 Demand of Cash -RDA $2045983.07 John M. Falconer, Finance Director BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 10 CITY OF LA QUINTA BANK TRANSACTIONS 4/28/05 - 5/10/05 4/29/05 WIRE TRANSFER - LANDMARK GOLF 5/02/05 WIRE TRANSFER - PERS 5/03/05 WIRE TRANSFER - VISTA DUNES 5/06/05 WIRE TRANSFER - ICMA 5/06/05 WIRE TRANSFER - PERS 5/09/05 WIRE TRANSFER - PERS MEDICAL INSURANCE TOTAL WIRE TRANSFERS OUT $148,998.02 $300.80 $20,000.00 $8,674.42 $13,475.33 $54,964.68 $246,413.25 00 1 1 e- 00 1 1 O O• O O -T N \ I Y J 1 0 to O O 0 to to to I u Q 1 . 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Q Ol Q O� CT Vfti pf` Qti Zti Nti pti �ti N Eti ti ti pO O O O O JO NO �O F-O SO -.O 30 00 �O Ix F-O 0 0r O a n- O Vf N 1= O x Z W O 0: O Z W ►-i W ca t9 >- > 0 Q W O E w In J •-1 W M M x O H x H W In W H Cr ix M V) CO Vf F- H > O 3 mc 3 to O to an to \ u% Ln an O O O O 0 �t O O 0 r. o O O O O 0 o O O J 1`N OP- LA Cm 01� ON NN NO ti-t %ON �tN NtN O� M Cl -t N Ln an 1 to 00 %0 �O -t N �t OJ MO NtJ 00O OJ -t -1 0Ln OSO %OJ e--1 �tJ O" W- O O " e- \ O ►-i O ►-1 000 O P e- H O H 0 ►-� O oC O 1, O 0: O Ln O OC O Or 0 ti O Ln O O w 0 oC O 0t O Vf O n- O \ 00- O a O e- O 1- O a. 0 0L O a OQ otr OQ 0 n OQ oQ 00 01- oQ OQ OQ 41 6U 4 414� QK41Kr(A COUNCIL/RDA MEETING DATE: May 17, 2005 Transmittal of Treasurer's Report as of March 31, 2005 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: d STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated March 31, 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, ohn M. Falco er, Finance Director Approved for Submission by: Thomas P. Genovese, City Manager Attachment 1: Treasurer's Report, City of La Quinta ATTACHMENT 1 MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for March 31,2005 DATE: April 30, 2005 Attached is the Treasurer's Report for the month ending March 31, 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 Beginning Purchased Notes Sold/Matured Other Ending Change Cash (3) $ 6,271,062 (1) $ (6,662,710) ($391,648) ($6,662,710) LAW 26,356,755 450,000 (2,050,000) 24,756,755 (1,600,000) US Treasuries (2) 120,552,878 38,000,000 (2) (38,000,000) (394,024) 120,158,854 (394,024) US Gov't Agencies (2) 23,683,587 - (2) (18,975) 23,664,612 (18,975) Commercial Paper (2) - 0 0 Corporate Notes - 0 0 Mutual Funds 5,545,104 547,235(1).6,092,339 547,235 Total $ 182,409,386 1 $ 38,997,235 1 $ 46,712,710 $ 412,999 $ 174,280,912 1 $ 8,128,474 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. o n M. Falconer Dat 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. 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N 7 o W W W m y W W W'a m W W W .O. W W W 10 W W W m J � 0 0 z N N d N C CD cc 0) d S L R N N N N C tv @ 0 N 0 L� N. N N N C N N CU N 4) d N N N C CV (0 0 C0 4) = M 4) N .N !, C a) t6 M 0 p.CLj 3 7 3� 0LL 37 3g 1°� 7.7 7g mL 7 3 3m 2LL 7 7� T.LL C C C CV — C C C CV — C C C N— C C C Co — QQ`a /5< C C C d- 5_m .2<< nab Q`aa nab Q`Q`av5Q'g Q`Q`Q`u)Q'� )6 6 City of Le Quints Reconciliation of Actual and Surplus Funds City, Redevelopment Agency and Financing Authority March 31, 2005 Balance of Actual Funds 174,280,911 Less Petty cash Funds (1.000) Less Non -Surplus Funds (2,393,764) Balance of Surplus Funds $171,886,147 City Cash & Investments Bank Account Name - Availability surplus Type Book Wells Fargo - Demand No Checking $ (419,900) Petty Cash - Demand No WA 1.000 Wells Fs ousin - Demand Yes Chackina 27 252 Total - Bank Account $ 391,648 U. S. Treasury Amortized Custodian - Availabil surplus lasuerfrype Value Bank of New York - Demand Yes U.S. Treasury Not 4,995,932 Bank of New York - Demand Yes U.S. Treasury Not 4,988,151 Bank of New York - Demand Yes U.S. Treasury Not 6,003,689 Bank of New York - Demand Yes U.S. Treasury Note 3,991,267 Bank of New York - Demand Yes U.S. Treasury Note 5.006,510 Bank of New York - Demand Yes U.S. Treasury Not 4,991,712 Bank of New York - Demand Yes U.S. Treasury Not 3,979,688 Bank of New York - Demand Yes U.S. Treasury Not 5 002 052 Total - U.S. Treasury37,958,991 U.S. Government Securities Custodian - AvailablNtV Surplus Issuer/Type Amazed Value Bank of New York - Demand Yes FNMA 5,101,031 Bank of New York - Demand Yes FHLB 1.994,480 Bank of New York - Demand Yes FHLB 1,994,996 Bank of New York - Demand Yes FHLB 2,553.877 Bank of New York - Demand Yes FNMA -Discount 1,954,721 Bank of New York - Demand Yes FreddleMsc 7,623,092 Bank of New York - Demand Yes FreddieMsc - Discount 2 442 415 Total - U.S. Government Securities 23,884 812 Local Agency Investment Fund Name - Availability Surplus TypeBook LAIF- City -Demand Yes State Pool 21,164,830 LAIF - RDA - Demand Yes State Pod 3 591 925 Total - State Pod 24,758 755 Surplus Surplus Yes Adl Yes = S 27 252 27,252 $ 27,262 $ - $ 27,252 Surplus Surplus Yes Ad Yes 4.05,932 4,996,932 4.988,161 4,988,151 5,003,689 5,003,689 3,991,257 3,991,257 5,006,510 5,006,510 4,991.712 4,991,712 3,979,688 3,979,688 5 002 052 5 002 052 37,958,991 37 958,991 Surplus Yes Adl Surplus Yes 5.101,031 5,101,031 1,994,480 1.994,480 1,994,9% 1,994,996 2,653,877 2,553,877 1.954,721 1,954,721 7,623,092 7,623,092 2442415 2442415 Surplus Surplus No Adl No $ (419,900) $ 2,813,664 $ 2,393.764 1,000 1.000 $ 418,900 S 2,813,664 $ 2,394.764 All Funds Surplus Actual % Yes .0.2247% 0.0159% Ali Funds Surplus Actual % Yes 21.7803% 22.0838% Surplus Surplus Ali Funds Surplus No Adl No Actual % I Yes 23,884,812 23,864,612 13.5784% 13.7878-K Surplus Surplus Yes Adl Yes 21.164.830 (2,813,664) 18,351,166 3,591,925 3,591,925 24,756,765 2,813,664 21943,091 Surplus Surplus No Adl No All Funds Surplus Actual % Yes 14.2051% 12.7881% Total City Investments 86 380,3581 86 380 358 2,813 664 83 566 694 49.5639% 48.6175% Total City Cash & Investments 85,988,710 86,407 610 2 813 664 83,593 846 418,900 2.813 664 1 149.3391%148.6333% Fiscal Agent Investments Portfolio - City Investment Armed Custodian - Availability Surplus Issuerrrype Value 2002 RDA U.S. Bank-CIP Yes U.S.Tressury Bill 27,595,252 2004 Finance Authority -CIP Yes U.S.Treasury Bill 9,854,190 2004 Finance Authority -CIP Yes U.S.Treasury B81 44,750,421 Yes Total - U.S. Treasury 82,199,863 Portfolio - Mutual Funds Trustee - Availability Surplus Money Market Mutual Fund Book Value Civic Center U.S.Bank - Project YES 1st American Civic Center U.S.Bank - Debt Svc YES 1st American 179,352 1994 RDA U.S. Bank -Debt Svc YES 1st American 1995 RDA U.S.Bank - CIP YES 1at American 1995 RDA U.S.Bank - Special Fund YES 1 at American 2004 Fin Auth -1995 US Bank - Escrow YES 1st American 101 1998 RDA U.S.Bank - CIP YES 1st American 1998 RDA U.S.Bank - Dbt Svc YES let American 1998 RDA U.S.Bank- Special Fund YES 1st American 1998 RDA U.S.Bank - CIP YES 1at 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 1 at American 2002 RDA U.S. Bank - CIP YES tat American 2.080,152 2003 Taxable RDA U.S. Bank - DS YES 1st American 2603 Taxable RDA U. S. Bank -COI YES 1st American 2003 Taxable RDA U. S. Bank-CIP YES 1st American. 862 2004 Fin Auth US Bank - CIP YES 1st American 3,826.803 2004 Fin Auth US Bank - C01 YES tat American 5,069 Subtotal - Mutual Fund 1 1 6.092,339 Surplus Surplus Yes Ad' Yes 27,595,252 27,595,252 9,854,190 9,854,190 44,750,421 44,750,421 82.199,863 82,199,863 Surplus Yes Adi Surplus Yea 179.362 179,352 101 101 2,080,152 2,080,152 862 862 3,826.803 3,826.803 5,069 5.069 6,092.3391 6,092,339 OEM Surplus No Ad Surplus No All Funds I Surplus Actual % Yes 47.1652% 47,8223% All Funds Surplus Actual % Yea 3.4957% 3.5444% Total Fiscal Agent Investments 88,292,202 98,292 202 - $8,292,202 50.6609X 51.366TX Grand Total 174,280,912 174,699,812 (2,813,664)1 171 886148 418,900 2,813,664 1 2,394 764 1100.0000X 100.000OX J 77 0 s 3 Q rn c •U C cc c M N c co U Q cQ m E (D 0 E ° o ccoo 3 Z N O Cf 0 > N m 0 E L co cMNOCD0) OO OO a.Q 00 Q 00 dO'NtiItN cc 0. 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N O coto OMgp� N COP-OOMM M M N CD pzcoImOcl 0)to 0 VV OOCpI�O a r-Oco �cOMOO CO O a CO tC O O U. p- co tvj V V N N A O r th CO N V r M rm CO r M r to O g � CWMm oi• co coOOOOi oo.-�• W C to to G V C CO Om,M co totq �C toN1- r NAD Olt p LL c r r-C4 r c ��M�M N N v C7 CA V m CD r t0 to O O Cf N r Chi Om V r M to Oto A .v t0 O t� O _ t0 to w Q NdMD L M O OOO_ O14M C ,tMOA 6NGoCD C to NNOt�CMCO m G r N r Iz tCOr N M n^ V M N N E M 0 C L y o � L ~ N Im C a m a N v (D w c f0 = m w w m c v c c CO 0) c• c tD J CL u� m M to t x CO d m Q m •C a) V1 a 7 = w y — to i0 m C± C A U U U C C LL E mVC co Q OC mi Om CCL L m w c V tm 'C mm is Commm :m m O o X mm w NLm O m L C �m m 0-1--co0ce wU)W000f- z 0 w z O to r C6 .` N to N � O Ci O N O V O O 61 11 4 64' QaurAv COUNCIL/RDA MEETING DATE: May 17, 2005 Transmittal of Revenue and Expenditure Report for March 31, 2005 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Transmittal of the March 31, 2005 Statement of Revenue and Expenditures for the City of La Quinta. Respectfully submitted, YAN M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments 1: Revenue and Expenditures Report, March 31, 2005 62 ATTACHMENT CITY OF LA QUINTA REVENUES - ALL FUNDS 07101/2004 - 03/31/05 FUNDS BUDGET RECEIVED RECEIVED General $24,024,504.00 $20,850,861.69 86.80% Library 649,500.00 16,046.45 2.50% Gas Tax Revenue 622,200.00 472,647.37 76.00% Federal Assistance 340,355.00 0.00 0.00% Urban Forestry 1,100.00 0.00 0.00% Slesf (Cops) Revenue 100,000.00 100,612.50 100.60% Local Law Enforcement 0.00 0.00 0.00% Indian Gaming 177,250.00 178,903.73 100.90% Lighting & Landscaping 825,800.00 415,276.03 50.30% RCTC 411,644.00 0.00 . 0.00% Quimby 153,900.00 245,705.60 159.70% Infrastructure 15,600.00 7,885.42 50.50% Village Parking 0.00 0.00 0.00% South Coast Air Quality 175,700.00 160,416.69 91.30% Cmaq/lstea 553,785.00 419,323.33 75.70% Transportation 758,700.00 1,725,039.90 227.40% Parks & Recreation 501,000.00 581,279.83 116.00% Civic Center 192,500.00 448,808.47 233.10% Library Development 112,500.00 253,207.30 225.10% Community Center 59,200.00 117,593.94 198.60% Street Facility 11,700.00 24,073.96 205.80% Park Facility 3,000.00 6,169.68 205.70% Fire Protection Facility 32,100.00 120,877.06 376.60% Library Development (County) Facility 190,963.00 1,133.61 0.60% Arts In Public Places 98,600.00 178,327.29 180.90% Interest Allocation 0.00 (126,805.56) 0.00% Capital Improvement 81,488,281.68 27,931,820.48 34.30% Assessment District 2000-1 6,000.00 3,948.90 65.80% Equipment Replacement 388,860.00 369,878.87 95.10% Information Technology 423,568.00 412,594.92 97.40% Park Equipment & Facility 14,113,209.00 14,115,612.72 100.00% SilverRock Golf 1,911,056.00 401,811.76 21.00% LQ Public Safety Officer 2,100.00 2,079.58 99.00% La Quinta Financing Authority 3,681,249.00 1,443,644.01 39.20% RDA Project Area No. 1 37,086,041.00 20,160,488.08 54.40% RDA Project Area No. 2 37,593,009.00 21,281,257.78 56.60% Total 1 $206 704 974.68 1 $112,320 521.39 1 54.30% 63 07/01/2004 - 03/31/05 CITY OF LA QUINTA EXPENDITURES - ALL FUNDS FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $25,808,964.00 $14,806,960.41 $68,279.81 $10,933,723.78 57.4% Library 2,416,501.00 298,625.00 0.00 2,117,876.00 12.4% Gas Tax 897,998.00 485,537.64 0.00 412,460.36 54.1% Federal Assistance 509,535.00 10,997.62 0.00 498,537.38 2.2% Urban Forestry 0.00 0.00 0.00 0.00 0.0% Slesf (Cops) Revenue 100,000.00 100,000.00 0.00 0.00 100.0% 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 825,800.00 619,349.99 0.00 206,450.01 75.0% RCTC 2,056,829.00 0.00 0.00 2,056,829.00 0.0% Quimby 551,871.00 93,663.65 0.00 458,207.35 17.0% Infrastructure 1,140,356.00 161,587.30 0.00 978,768.70 14.2% 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 4,444,962.00 905,465.32 0.00 3,539,496.68 20.4% Parks & Recreation 214,814.00 86,310.72 0.00 128,503.28 40.2% Civic Center 3,486,090.00 258,565.80 0.00 3,227,524.20 7.4% Library Development 3,746,450.00 2,807,915.22 0.00 938,534.78 74.9% 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 17,910.16 0.00 (17,910.16) 0.0% Library County DIF 590,863.00 408,182.00 0.00 182,681.00 69.1% Arts In Public Places 560,938.68 119,095.18 0.00 441,843.50 21.2% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 81,488,281.68 27,931,820.48 137,842.79 53,418,618.41 34.3% Proposed Assessment Di 142,507.00 147,372.00 0.00 (4,865.00) 103.4% Equipment Replacement 1,097,339.00 187,473.66 57,183.62 852,681.72 17.1% Information Technology 590,351.00 230,284.29 26.94 360,039.77 39.0% Park Maintenance Facility 0.00 3,900.77 4,315.82 (8,216.59) 0.0% SilverRock Golf 2,317,410.00 498,650.19 13,016.20 1,805,743.61 21.5% Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% La Quinta Financing Auth 3,735,955.00 3,545,416.75 0.00 190,538.25 94.9% RDA Project Area No. 1 82,494,583.00 37,262,232.68 0.00 45,232,350.32 45.2% RDA Project Area No. 2 31,387,177.00 17,745,170.41 0.00 13,642,006.59 56.5% Total 251,576,066.36 109,298,714.92 280,665.18 141,996,686.26 43.4% 4 07/01/2004 - 03131/05 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax 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 . REMAINING BUDGET RECEIVED BUDGET 743,400.00 691,893.40 51,506.60 1,233,100.00 667,601.95 565,498.05 4,072,200.00 3,580,604.72 491,595.28 1,334,500.00 666,381.50 668,118.50 539,700.00 770,809.21 (231,109.21) 4,030,300.00 2,453,361.50 1,576,938.50 0.00 405,000.00 (405,000.00) 797,800.00 480,016.69 317,783.31 12,751,000.00 9,715,668.97 3,035,331.03 202,500.00 205,162.50 (2,662.50) 15,400.00 10,362.50 5,037.50 493,800.00 1,515,109.69 (1,021,309.69) 84,400.00 248,376.82 (163,976.82) 43,100.00 135,351.99 (92,251.99) 85,000.00 203,365.67 (118,365.67) 5,000.00 10,880.00 (5,880.00) 42,200.00 194,659.15 (152,459.15) 971,400.00 2,523,268.32 (1,551,868.32) 4,400.00 9,537.14 (5,137.14) 191,800.00 188,624.96 3,175.04 471,000.00 980,595.67 (509,595.67) 222,400.00 186,707.50 35,692.50 584,400.00 1,075,002.91 (490,602.91) 1,474,000.00 2,440,468.18 (966,468.18) 1,455,300.00 981,755.20 473,544.80 77,500.00 56,740.07 20,759.93 41,900.00 20,116.00 21,784.00 31,609.00 30,955.03 653.97 182,100.00 0.00 182,100.00 0.00 0.00 0.00 8,451.00 48,253.52 (39,802.52) 3,775,081.00 2,194,251.94 1,580,829.06 175,000.00 174,158.19 841.81 5,746,941.00 3,506,229.95 2,240,711.05 2,265,300.00 2,073,874.49 191,425.51 17,100.00 6,106.95 10,993.05 316,011.00 346,000.00 (29,989.00) 0.00 0.00 0.00 0.00 (40.17) 40.17 333,111.00 352,066.78 (18,955.78) 482,752.00 239,285.00 243,467.00 24,024,504.00 20,850,861.69 3,173,642.31 65 4 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 0710112004.03/31/05 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 753,885.00 319,080.12 0.00 434,804.88 CITY MANAGER'S OFFICE 849,100.00 597,315.25 17,500.00 234,284.75 ECONOMIC DEVELOPMENT 840,600.00 576,078.39 0.00 264,521.61 PERSONNEURISK MGT 794,069.00 445,668.26 0.00 348,400.74 TOTAL GENERAL GOVERNMENT 3,237,654.00 1,938,142.02 17,500.00 1,282,011.98 CITY CLERK 526,211.00 378,272.40 305.00 147,633.60 TOTAL CITY CLERK 526,211.00 378,272.40 305.00 147,633.60 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 789,610.00 444,477.73 2,764.00 342,368.27 SENIOR CENTER 376,294.00 212,862.94 0.00 163,431.06 PARKS & RECREATION PROGRAMS 145,003.00 131,418.52 0.00 13,584.48 TOTAL COMMUNITY SERVICES 1,310,907.00 788,759.19 2,764.00 519,383.81 FINANCE FISCAL SERVICES 726,376.00 469,332.84 0.00 257,043.16 CENTRAL SERVICES 659,448.00 467,064.18 2,427.61 189,956.21 TOTAL FINANCE 1,385,824.00 936,397.02 2,427.61 446,999.37 BUILDING & SAFETY: BUILDING & SAFETY - ADMIN 321,517.00 185,598.60 0.00 135,918.40 BUILDING 1,346,594.00 936,269.25 0.00 410,324.75 CODE COMPLIANCE 658,084.00 358,934.22 0.00 299,149.78 ANIMAL CONTROL 302,229.00 145,624.12 0.00 156,604.88 CIVIC CENTER BUILDING -OPERATIONS 1,106,324.00 992,308.58 0.00 114,015.42 TOTAL BUILDING & SAFETY 3,734,748.00 2,618,734.77 0.00 1,116,013.23 PUBLIC SAFETY: POLICE SERVICES 6,813,954.00 3,356,849.55 0.00 3,457,104.45 FIRE 3,881,825.00 1,854,051.03 0.00 2,027,773.97 EMERGENCY SERVICES 45,193.00 25,898.52 0.00 19,294.48 TOTAL PUBLIC SAFETY 10,740,972.00 5,236,799.10 0.00 5,504,172.90 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 556,886.00 303,782.48 0.00 253,103.52 CURRENT PLANNING 750,085.00 452,685.52 3,048.86 294,350.62 TOTAL COMMUNITY DEVELOPMENT 1,306,971.00 756,468.00 3,048.86 547,454.14 PUBLIC WORKS: (389,171.00) PUBLIC WORKS ADMINISTRATION 277,879.00 183,764.75 0.00 94,114.25 DEVELOPMENT & TRAFFIC 1,226,366.00 858,061.07 0.00 368,304.93 MAINT/OPERATIONS - STREETS 2,188,469.00 1,027,986.13 32,329.62 1,128,153.25 MAINT/OPERATIONS - LTG/LANDSCAPING 1,760,213.00 1,074,608.35 9,904.72 675,699.93 MAINT/OPERATIONS - PARK MAINTENANCE 915,140.00 677,565.27 0.00 237,574.73 CONSTRUCTION MANAGEMENT 878,817.00 501,817.66 0.00 376,999.34 TOTAL PUBLIC WORKS 7,246,884.00 4,323,803.23 42,234.34 2,491,675.43 TRANSFERS OUT 306,017.00 226,753.35 0.00 79,263.65 GENERAL FUND REIMBURSEMENTS (3,987,224.00) (2,397,168.67) 0.00 (1,590,055.33) NET GENERAL FUND EXPENDITURES 25,808,964.00 14,806,960.41 68,279.81 10,933,723.78 66 5 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL LIBRARY: County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107.5 Traffic Congestion Relief Interest TOTAL GAS TAX FEDERAL ASSISTANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE URBAN FORESTRY Grant Revenue Interest TOTAL URBAN FORESTRY SLESF(COPS)REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding Interest Transfer in TOTAL LLEBG INDIAN GAMING Charges for services Interest TOTAL INDIAN GAMING LIGHTING & LANDSCAPING REVENUE: Assessment Developer Interest TOTAL LIGHTING & LANDSCAPING RCTC RCTC Funding Transfer in TOTAL RCTC QUIMBY REVENUE: Quimby Fees Interest TOTAL QUIMBY INFRASTRUCTURE REVENUE: Infrastructure Fee Interest Transfer in TOTAL INFRASTRUCTURE VILLAGE PARKING REVENUE: Interest TOTAL VILLAGE PARKING REMAINING BUDGET RECEIVED BUDGET 649,500.00 0.00 649,500.00 0.00 0.00 0.00 0.00 16,046.45 (16,046.45) 649,500.00 16,046.45 633,453.55 193,100.00 152,411.02 40,688.98 137,900.00 109,284.43 28,615.57 256,900.00 201,429.64 55,470.36 6,000.00 6,000.00 0.00 20,700.00 0.00 20,700.00 7,600.00 3,522.28 4,077.72 622,200.00 472,647.37 149,552.63 340,355.00 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 0.00 612.50 (612.50) 100,000.00 100,612.50 (612.501 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 1,653.73 (1,653.73) 177,250.00 178,903.73 (1,653.73) 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 41 1,W.00 0.00 411,644.00 150,000.00 240,027.52 (90,027.52) 3,900.00 5.678.08 1 778.08 15,0. 05. 9, 0.00 0.00 15,600.00 7,885.42 7,714.58 0.00 0.00 0.00 15,600.00 7,885.42 7,714.58 0.00 0.00 0.00 0.00 0.00 0.00 67 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 CMAQ/ISTEA CMAQ/ISTEA Grant Interest TOTAL CMAQ/ISTEA TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION PARKS & RECREATION Developer fees Interest Transfer in TOTAL PARKS & RECREATION CIVIC CENTER Developer fees Interest Transfer in TOTAL CIVIC CENTER LIBRARY DEVELOPMENT Developer fees Interest Transfer in TOTAL LIBRARY DEVELOPMENT COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developer fees Interest TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY FIRE PROTECTION FACILITY Developer fees Interest TOTAL FIRE PROTECTION FACILITY LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees Interest TOTAL LIBRARY DEV (COUNTY) FACILITY ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places Arts in Public Places Credits Applied Interest TOTAL ARTS IN PUBLIC PLACES INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transfer In TOTAL INTEREST ALLOCATION REMAINING BUDGET RECEIVED BUDGET 34,415.00 19,229.86 15,185.14 139,285.00 139,285.00 0.00 0.00 0.00 2,000.00 1,901.83 _ 98.17 175,700.00 160,416.69 15,283.31 553,785.00 419,323.33 134,461.67 0.00 0.00 0.00 553,785.00 419,323.33 134,461.67 721,400.00 1,658,852.90 (937,452.90) 37,300.00 66,187.00 (28,887.00) 0.00 0.00 0.00 758,700.00 1,725,039.90 (966,339.90) 501,000.00 575,876.00 (74,876.00) 0.00 5,403.83 (5,403.83) 0.00 0.00 0.00 501,000.00 581,279.83 (80,279.83) 192,500.00 430,297.38 (237,797.38) 0.00 18,511.09 (18,511.09) 0.00 0.00 0.00 192,500.00 448,808.47 (256,308.47) 112,500.00 258,141.00 (145,641.00) 0.00 (4,933.70) 4,933.70 0.00 0.00 0.00 112,500.00 253,207.30 (140,707.30) 48,500.00 110,894.00 (62,394.00) 10,700.00 6,699.94 4,000.06 59,200.00 117,593.94 (58,393.94) 9,800.00 22,566.47 (12,766.47) 1,900.00 1,507.49 392.51 11,700.00 24,073.96 (12,373.96) 2,500.00 5,769.00 (3,269.00) 500.00 400.68 99.32 3,000.00 6,169.68 (3,169.68) 32,100.00 120,134.08 (88,034.08) 0.00 742.98 (742.98) 32,100.00 120,877.06 (88,777.06) 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 97,500.00 170,734.15 (73,234.15) 0.00 0.00 0.00 1,100.00 7,593.14 (6,493.14) 98,600.00 178,327.29 (79,727.29) 0.00 (126,805.56) 126,805.56 0.00 0.00 0.00 0.00 (126,805.56) 126,805.56 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio SB300 Funding RCTC SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE ASSESSMENT DISTRICT 2000-1 Interest Assessment Bond Proceeds Prepayments -sewer assessments Transfer in TOTAL ASSESSMENT DISTRICT EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution Sale of Fixed Asset 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 6,592,557.00 574,953.21 6,017,603.79 877,462.00 28,983.40 848,478.60 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 52,887.00 664,658.00 223,637.00 441,021.00 0.00 0.00 0.00 87,500.00 0.00 87,500.00 0.00 0.00 0.00 72,924,667.68 27,104,246.87 45,820,420.81 81,488,281.68 27,931,820.48 53,556,461.20 6,000.00 3,948.90 2,051.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,000.00 3,948.90 2,051.10 328,160.00 328,160.35 (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 26,515.52 34,184.48 0.00 0.00 0.00 388,860.00 369,878.87 18,981.13 416,568.00 406,111.00 10,457.00 0.00 0.00 0.00 0.00 0.00 0.00 7,000.00 6,483.92 516.08 0.00 0.00 0.00 423,568.00 412,594.92 10,973.08 250,000.00 250,000.00 0.00 0.00 2,403.72 (2,403.72) 13 863 209.00 13,863,209.00 0.00 14,113,209.00 14,115,612.72 (2,403.72) 1,646,790.00 333,874.31 1,312,915.69 22,696.00 2,424.00 20,272.00 0.00 38,950.00 (38,950.00) 119,681.00 18,714.53 100,966.47 0.00 (997.20) 997.20 121,889.00 8,846.12 113,042.88 1,911,056.00 401,811.76 1,509,244.24 2,000.00 2,000.00 0.00 100.00 79.58 20.42 2,100.00 2,079.58 20.42 69 CITY OF LA QUINTA 07/01/2004 - 03/31/05 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY 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 622,200.00 466,650.00 0.00 155,550.00 TRANSFER OUT 275,798.00 18,887.64 0.00 256,910.36 TOTAL GAS TAX FUND 897,998.00 485,537.64 0.0 4412,460.36 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 509,535.00 10,997.62 0.00 498,537.38 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 100,000.00 100,000.00 0.00 0.00 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 0.00 0.00 0.00 0.00 INDIAN GAMING FUND TRANSFER OUT 177,250.00 0.00 0.00 177,250.00 TOTAL INDIAN GAMING FUND 177,250.00 0.00 0.00 177,250.00 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 825,800.00 619,349.99 0.00 206,450.01 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LTG/LANDSCAPING FUND 825,800.00 619,349.99 0.00 206,450.01 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 551,871.00 93,663.65 0.00 458,207.35 INFRASTRUCTURE FUND 0.00 0.00 0.00 0.00 CONSTRUCTION REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 1,140,356.00 161,587.30 0.00 978,768.70 TOTAL INFRASTRUCTURE 1,140,356.00 161,587.30 0.00 978,768.70 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 4,052,084.00 512,587.32 0.00 3,539,496.68 TOTAL TRANSPORTATION 4,444,962.00 905,465.32 0.00 3,559,496.68 PARKS & RECREATION INTEREST ON ADVANCE 0.00 58,067.98 0.00 (58,067.98) TRANSFER OUT 214,814.00 28,242.74 0.00 186,571.26 TOTAL PARKS & RECREATION 214,814.00 86,310.72 0.00 128,503.28 CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 204,366.00 153,274.50 0.00 51,091.50 TRANSFER OUT 3,281,724.00 105,291.30 0.00 3,176,432.70 TOTAL CIVIC CENTER 3,486,090.00 258,565.80 0.00 3,227,524.20 LIBRARY DEVELOPMENT 0.00 0.00 0.00 PROGRAM COSTS TRANSFER OUT 3,746,450.00 2,807,915.22 0.00 938,534.78 TOTAL LIBRARY DEVELOPMENT 3,746,450.00 2,807,915.22 0.00 938,534.78 70 9 CITY OF LA QUINTA 07101/2004 - 03/31/05 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 17,910.16 0.00 (17,910.16) TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL FIRE PROTECTION DIF 0.00 17,910.16 0.00 (17,910.16) 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 71,436.68 0.00 295,389.00 TOTAL ART IN PUBLIC PLACES 560,938.68 119,095.18 0.00 441,843.50 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 80,488,823.68 27,792,741.30 137,842.79 52,558,239.59 PROJECT REIMBURSEMENTS TO GEN FUND 999,458.00 139,079.18 0.00 860,378.82 TRANSFER OUT 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT 81,488,281.68 27,931,820.48 137,842.79 53,418,618.41 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 142,507.00 147,372.00 0.00 (4,865.00) TOTAL AD 2000-1 142,507.00 147,372.00 0.00 (4,865.00) EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 440,339.00 187,473.66 57,183.62 195,681.72 TRANSFER OUT 657,000.00 0.00 0.00 657,000.00 TOTAL EQUIPMENT REPLACEMENT FUND 1,097,339.00 187,473.66 57,183.62 852,681.72 INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 590,351.00 230,284.29 26.94 360,039.77 TOTAL INFORMATION TECHNOLOGY FUND 590,351.00 230,284.29 26.94 360,039.77 PARK MAINTENANCE FACILITY OPERATING EXPENSES 0.00 3,900.77 4,315.82 (8,216.59) TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK MAINTENANCE FAC 0.00 3,900.77 4,315.82 (8,216.59) SILVERROCK GOLF OPERATING EXPENSES 2,317,410.00 498,650.19 13,016.20 1,805,743.61 TOTAL SILVERROCK GOLF 2,317,410.00 498,650.19 13,016.20 1,805,743.61 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 71 W COUNCIL/RDA MEETING DATE: May 17, 2005 ITEM TITLE: Adoption of a Resolution to Reaffirm the City's Adoption of the Annual Assessment for CSA 152, Authorize Riverside County to Continue to Levy Assessments, and Indemnify and Hold the County Harmless for Levying Assessments on City Parcels Under CSA 152 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 17 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council authorizing Riverside County to levy assessments for the Fiscal Year 2005/2006 under CSA 152. FISCAL IMPLICATIONS: The adoption of this Resolution will authorize Riverside County to continue assessing CSA 152 assessments in the amount of nine dollars and ninety-nine cents ($9.99) per parcel within the City of La Quinta. The estimated revenue for Fiscal Year 2005/2006 is approximately $175,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In December 1991, the County of Riverside initiated the use of County Service Area (CSA) 152 to provide funding for local jurisdictions for flood control and storm drain maintenance. On May 20, 1997, the City of La Quinta passed Resolution No. 97-39 approving the Benefit Assessment Unit (BAU) rate for the Fiscal Year 1997/98 CSA 152 Assessment. Resolution No. 97-39 states that the City shall agree to indemnify, defend, and hold the County and members of its Board, Officers, Employees, and Agents harmless from any and all claims, demands, and causes for the collection of assessments under CSA 152. %2 S:\CityMgASTAFF REPORTS ONLY\5-17-05\C3 CSA 152.doc Each year the County of Riverside collects the $9.99 assessment per parcel under CSA 152 to fund the City's program for the National Pollutant Discharge Elimination System (NPDES) Permit. The services funded by CSA 152 include, but are not limited to, flood control and storm drain maintenance, retention basin maintenance, and street sweeping. The City utilizes revenue from CSA 152 for street sweeping and storm drain maintenance and operation, assessments for which are exempt under the provisions of Proposition 218. The County of Riverside requires a City Council Resolution stating that the City's program will continue and that the parcel charge will remain unchanged for Fiscal Year 2005/2006. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council authorizing Riverside County to levy assessments for the Fiscal Year 2005/2006 under CSA 152; or 2. Do not adopt a Resolution of the City Council and fund the street sweeping, flood control facility/drainage facility maintenance and operations, and the NPDES Program from the General Fund (this will result in an expenditure of approximately $175,000 annually from the General Fund); or 3. Provide staff with alternative direction. Resp tfully submitted, Timoth J nasson, P.E. Public Wor Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager S:\CityMgr\STAFF REPORTS ONLY\5-17-05\C3 CSA 152.doc 273 RESOLUTION NO. 2005-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING FINDINGS AND RECONFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR THE COUNTY SERVICE AREA 152 TO FUND THE CITY'S STREET SWEEPING PROGRAM AND OPERATE AND MAINTAIN THE CITY'S DRAINAGE AND FLOOD CONTROL SYSTEMS WHEREAS, the Riverside County Service Area 152 (CSA 152) was created under the Benefit Assessment Act of 1982 (Government Code Section 54702, et seq.), which authorized local agencies to impose benefit assessments to finance the maintenance and operation costs of flood control and drainage systems, based on the proportionate storm water runoff from each parcel; and WHEREAS, under the federally -mandated but unfunded National Pollutant Discharge Elimination System (NPDES) Program, the City is required to have a valid permit from the Regional Water Quality Control Board to discharge water runoff from properties within the boundaries of the City; and WHEREAS, street sweeping is a pro -active method of insuring pro- active maintenance from street runoff into the flood control and drainage systems of the City; and WHEREAS, the City is a co-permittee of Permit No. CSA-617002 with the County of Riverside and the incorporated cities therein; and WHEREAS, the City, by its Resolution No. 97-39, adopted on May 20, 1997 authorized Riverside County to levy and establish a Benefit Assessment Unit (BAU) rate for the 1997/98 Fiscal Year CSA 152 assessments; and WHEREAS, the City by its Resolution No. 97-39, adopted on May 20, 1997, agreed to indemnify and hold the County harmless for levying Assessments on the City parcels under CSA 152; and 74 Resolution No. 2005- CSA 152 Adopted: May 17, 2005 Page 2 WHEREAS, the City uses revenues from CSA 152 assessments solely for the purpose of maintaining and operating the City's flood control and drainage system to comply with the NPDES Permit and to provide street sweeping within the City of La Quinta; and WHEREAS, Proposition 218, adopted by voters on November 6, 1996, established new procedures and approval requirements for all existing assessments, unless the assessment is exempt from the new requirements; and WHEREAS, certain assessments that existed on November 6, 1996, are specifically exempt from the Proposition 218 procedures and approval requirements, including assessments imposed exclusively to finance the capital costs and maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. NOW, THEREFORE, BE IT RESOLVED by the .City Council of the City of La Quinta, California, as follows: Section 1. The foregoing recitals are true and correct and the City Council so finds and determines. Section 2. The City Council finds and declares that the City's CSA 152 charges are assessments within the definition of California Constitution Article XIIID, Section 2(b), in that they confer special benefits upon each parcel of property subject to the assessments. Section 3. The City Council finds and declares that pursuant to Article XIIID, Section 5(a), the City's CSA 152 assessments are exempt from the new procedures and approval requirements of Article XIIID, Section 4, because the City's CSA 152 assessments existed before November 6, 1996, and the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for street sweeping, flood control, and drainage systems in the City. Section 4. The City Council hereby reaffirms its adoption of the annual assessment for CSA 152 and hereby determines that the annual assessment rate for Fiscal Year 2005/2006 for CSA 152 is to be set at nine dollars and ninety-nine cents ($9.99) per Benefit Assessment Unit. The method of computation has not been changed nor has the rate of assessment been increased since August 6, 1996. 75 4 Resolution No. 2005- CSA 152 Adopted: May 17, 2005 Page 3 Section 5. The City Council hereby authorized the County of Riverside to levy assessments under CSA 152 for the benefit of the City. The City agrees that it shall indemnify, defend and hold County and members of its Board, and its officers, employees and agents harmless from (1) any and all claims, demands, and causes of action of any kind or nature whatsoever and (2) any and all liability of any kind or nature whatsoever that may arise out of or be caused by, or be attributable to the imposition, collection, or allocation of any tax (special or general), assessment fees or charges, and/or any other revenue generated through City's application of reliance on or use of County Service Area 152. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 17th day of May, 2005, by the following vote to wit: AYES:Council Members NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 76 5 COUNCIL/RDA MEETING DATE: May 17, 2005 ITEM TITLE: Approval to Extend a Professional Services Agreement with NAI Consulting to Provide Project Management and Contract Administrative Support Services for Fiscal Year 2005/2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to extend a Professional Services Agreement (PSA) (Attachment 1) for a period of one-year, with the firm of Nickerson & Associates, Inc. (NAI Consulting) in an amount not -to -exceed $172,200, to provide Project Management and Contract Administrative Support services. FISCAL IMPLICATIONS: Sufficient funding is available to support the approval of a PSA in the amount of $172,200. The agreement budget is based on the following NAI Consulting manhours and billing rates: Contract Position Man Hours Hourly Rate Total Project Manager 1,050 $1 10 $1 15,500 Administrative Support 800 $45 $36,000 [Professional Civil Engineer 180 $1 15 $20,700 Total $1721,200 The professional services associated with the proposed agreement are charged on a time and materials basis and are assigned directly to the assigned capital improvement projects worked on during each billing cycle. The Fiscal Year 2005/2006 Capital Improvement Plan has budged an amount of $396,842 toward Engineering and Professional Services. It is anticipated that $125,800 of this funding will be used to pay the time and materials charged for project management and contract administration of the new projects for next fiscal year. The remaining $47,200 has been set aside for the development of the new capital improvement plan for Fiscal. Years 2006/2007 through 2010/201 1, the continued management of carryover capital projects, and other special projects, and will be paid through account 101-7002-431.32-10. ,.,"i CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In the spring of 1997, the Public Works/Engineering Department retained the part-time professional services of Lloyd "Nick" Nickerson, owner of Nickerson and Associates, Inc. engineering firm (NAI Consulting) to augment existing engineering staff in the Capital Improvement Division. Mr. Nickerson was retained via an interim contract to provide key professional support with respect to contract administration and project management duties through the balance of the 1996/1997 Fiscal Year. In the subsequent fiscal year, the City Council directed staff to request proposals from firms in the engineering community for the type of engineering services performed by Mr. Nickerson. Two proposals were received and evaluated with the City Council awarding a two-year contract to NAI Consulting. It should be noted that NAI Consulting provides a unique service, an RFP for which staff believes is unlikely to generate more proposals from local consultants at this time. In June 1999, the City Council authorized the City Manager to bypass the competitive selection procedure and negotiate directly with NAI Consulting for a continuation of the professional support services provided by Mr. Nickerson. Each year since 1999, the City Council has renegotiated its professional services contract with NAI Consulting for the part-time services provided by Mr. Nickerson. During the past three year's, NAI Consulting's contract also included professional engineering design services on a time and material basis, as needed, to provide engineering staff with an efficient means to initiate and administer minor design projects (primarily remedial maintenance projects) that surface unexpectedly in response to concerns voiced by La Quinta residents. As in past years, the renewed contract is based on hourly fees, with an amount of $1 10 per hour for professional project management services, $1 15 per hour for a professional registered civil engineer, $85 per hour for a design engineer and $45 per hour for administrative support. The proposed rates for the design engineer and for administrative support have not increased over those provided to the city during the past 3 years. The proposed hourly rates the project manager and professional registered civil engineer are slightly higher than the rates provided during the previous 3 years. The increase in costs for the project manager and registered engineer are attributed to the increased costs of professional liability insurance, general liability and automobile liability insurance. 2 NAI Consulting has also agreed to continue providing any reimbursable expenses at cost without markup. Reimbursable expenses include the direct cost of sub -consultant services, printing, postage and/or courier services, etc. Typical services provided by NAI include, but are not limited to: • Prepare and submit necessary documents, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding approval. • Prepare and track project schedules. • Prepare correspondence, reports, and memorandums necessary to administer various City capital improvement projects. • Assist with bidding procedures, prepare bid summary comparisons in a table format, and make recommendations for City Council consideration to award Public Works contracts for construction. • Prepare and conduct informal request for proposals to construction support sub - consultants, summarize proposals received and make recommendations for award of Professional Services Agreements. • Monitor and report on project status, budget vs. actual expenditures, and contract time vs. actual time. • Prepare staff reports for City Council and/or Planning Commission consideration, as necessary. At the direction of staff, prepare annual 5-year Capital Improvement Program document for City Council comment and approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to renew a Professional Services Agreement for a period of one year, with the firm of NAI Consulting in an amount not -to -exceed $172,200, to provide Project Management and Contract Administrative Support services; or 2. Do not authorize the City Manager to renew a Professional Services Agreement for a period of one year, with the firm of NAI Consulting in an amount not -to - exceed $172,200, to provide Project Management and Contract Administrative Support services; or 3. Provide staff with alternative direction. 3 Respectfully submitted, 4111 Ti othy R. Wn n, P.E. ublic Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Professional Services Agreement 0 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 NAI Consulting ("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 PUBLIC WORKS DEPARTMENT, ENGINEERING AND TRAFFIC SERVICES, CAPITAL IMPROVEMENT PLAN, PROJECT MANAGEMENT, CONTRACT MANAGEMENT, AND ADMINISTRATIVE SERVICES FOR FISCAL YEAR 2005/2006 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. 81 5 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 any other provisions of this Agreement, the provisions of the Special q Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed ONE HUNDRED SEVENTY-TWO THOUSAND TWO HUNDRED DOLLARS ($172,200) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 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 6 8 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 completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Lloyd "Nick" Nickerson Jr., President It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Steven Speer, Assistant City 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 83 7 shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Less than $ 50,000 $50,000 - $300,000 Over $300,000 Personal Injury/Property Damage Coverage $100,000 per individual; $300,000 per occurrence $ 250,000 per individual; $ 500,000 per occurrence $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $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 I M 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. 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. 9 85 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. -In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the 10 86 performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty-day's 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 set off 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; NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 11 87 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: To Consultant: CITY OF LA QUINTA NAI Consulting ATTN: Steve Speer ATTN: Nick Nickerson P.O. Box 1504 68-955 Adelina Road La Quinta, CA 92247-1504 Cathedral City, California 92234 (760) 777-7043 Fax (760) 777-7155 (760) 323-5344 Fax 323-5699 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 are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 88 12 IN WITNESS VVHEREOF' the parties have oxeoutedthis Agreement ao of May 18. 2005. CITY OF LA OU|NT/\' a California municipal cornoradon Thomas P. Genovese, Cizy Manager ATTEST�. JuneBreek' City Clerk APPROVED ASTOFORM: M. Katherine Jenson' City Attorney CONSULTANT, NAI Consulting. _��/ L|oyd mrokaroonJr., President G8-S55/\de|ineRoad Cathedral City' California 92234 (760)323-5344 (Fax)323-5898 �� 13 Exhibit A Scope of Services As directed by City Staff, the consultant's services shall include, but are not limited to the performance of the following assignments, duties and tasks: Prepare and submit necessary documents to, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding approval. Preparation and tracking of project schedules using Microsoft Project 2000 or higher version. Preparation of necessary correspondence, reports, and memos necessary to administer various . City capital improvement projects, using Word Perfect 6.0/6.1 or higher and/or Microsoft Word 7.0 or higher version word processing program. Assist with bidding procedures, prepare bid summary comparisons in a table format, make recommendations for City Council consideration to award Public Works contracts for construction. Prepare and conduct informal request for proposals to construction support sub - consultants, summarize proposals received and make recommendation for award of Professional Services Agreements. Monitor and report on project(s) status; budget vs. actual expenditures; contract time vs. actual time. As necessary, prepare Staff Reports for City Council and/or Planning Commission consideration. Act as an extension of Public Works staff while in the performance of the above referenced tasks. At the direction of staff, prepare the annual 5-year Capital Improvement Program document for review and approval by the City Council. q.9 14 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed ONE HUNDRED SEVENTY-TWO THOUSAND TWO HUNDRED DOLLARS ($172,200) except as specified in Section 1.6 - Additional Services of the Agreement. Services will be billed on a monthly basis for time and materials expended, time cards will be submitted on a weekly basis for review and approval by City staff. All man-hour costs to be billed as follows and per the attached consultant's statement of personnel hourly billing rates. Project Manager/Administrator $110.00 per hour Professional Civil Engineer/Traffic Engineer $1 15.00 per hour CAD Draftsman $85.00 per hour Secretarial Support $45.00 per hour All reimbursables to be paid at cost, without mark-up or additional overhead. ALLOWABLE BUDGET: Administration Division: Capital Improvement Plan Preparation and Specialty Projects $ 25,000 Engineering & Traffic Services Division: Contract Services $147,200 91 15 Exhibit C Schedule of Performance Consultant shall complete all services within TIME LINE ALLOWED BY THE TOTAL CONTRACT SUM. 90) 16 Exhibit D Special Requirements None. 93 17 Iry ceitivl 4 e4P Qu&rlk COUNCIL/RDA MEETING DATE: M ay 17, 2 0 0 5 ITEM TITLE: Approval of the Declaration of Surplus Property RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Declaration of Surplus Property listed in Attachment 1 as surplus, and authorize staff to place a legal notice in the Desert Sun. In the event no bids are received for an item, the surplus equipment will be placed with an educational organization or discarded by legal means. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City has accumulated surplus, obsolete and non-functional property items over the last several years. The equipment has little or no market value. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Declaration of Surplus Property listed in Attachment 1 as surplus, and authorize staff to place a legal notice in the Desert Sun. In the 94 event no bids are received for an item, the surplus equipment will be placed with an educational organization or discarded by legal means; or 2. Do not approve the Declaration of Surplus Property listed in Attachment 1 as surplus, and do not authorize staff to place a legal notice in the Desert Sun; or 3. Provide Staff with alternative direction. Respectfully submitted, f,. John M. Falconer, Finance Director Approved for submission by: ("00 Thomas P. Genovese, City Manager Attachment: 1: Declaration of Surplus Property 95 2 ATTACHMENT 1 � C � Z •- Q ci •- Q a• cn J W LL ♦-+ O — i V ♦ V U a _o c cm c cm c rn c rn c cm c cm cCD cm cn cm cm cm rn m rn ° >�c:��c:�c:�c c c c c c c c c c 0 0 0 0 0 LO:� c c c c c c >� c c c Z '` L L L L L L L L L L L L L O L O L O L O L O L O L O QUO c 0 0 0 0 0 0 0 0 0 0 O O m L O Z O Z O Z O Z O Z o Z O 00 m r- m M N r% �e m m r--.V- co co Lo co M co 000 co co co N co 00 m IN co d' M p p p 00 r, r- z I�qtd'*q'*'t'tqt N It It It� qt It It It m2�MMp�pO 0 0 M 00 O O C7 r, Q 00 -� c000000000 cOcocOCOcocOcocOco n U�O MLoLo00 p 00< N M M M cM M M cM M 00 U p r- O m m .-��.-� �mmUU� M U J J �p LO c0 m p p r- L ++ L 4- L 4- L +- L + J L +r L +-+ L ++ L +J L ++ 0 L 0 L 0 L 0 L 0 L 0 L 0 L 0 L 0 L 0 L 0 > > > > > > > > > > +r +�+ +r ++ ++ ++ ++ ++ +j ++ .O E E E E E E E E E E 04 N O O O O O O O O O O O O O O O O O O O U U U U U U U U U U 00000000 000000000 O O M M M M M M M M 0 0 0 0 0 0 0 O � N c c c c c c c c M �- m I- I- t� r*.. r- I� t- 0 m O O O O O O O O 0 1 - ALA A W LL LLL .. � L AW (1) AW W' Q% W W (L /L LL /i i a. a Z ai Z Q U U U U U U U U O O D U U U U U U U fl- c0 co c0 c0 c0 co c0 c0 N co CO Co Co CO Co Co CO > >. >. > >• >• > � WMMMMMMMM'+.,, ca ca co c0 c0 cv > cv cv ca ca cv cB cv ca Q a� a� a� a� aJ 3 3 °' m C7 C7 C7 C7 C7 C7 0 +� ca co ca ca co c0 co cvcu - O rn O O O O p M 0 � O� W W W N W W O 0. o o 0 ' U 0 Q 0 *O cu m m m m m m 9,s 3 E .Q. cr W N O. i E O V C C C C C cm C tm c cm c CD C cm c cm C cm C 'Y Y Y Y 0 0 0 0 0 L. 3: 0 0 0 0 0 o3: 00000 Z Z Z Z Z n N M N N 0 O r- CO� M O NO N U 00 U Z CLCL0.CLCLO.CL0-0- c`v co ca X X X X X X X X X O O O C e co (n (1) ig O O O O O O O O O O O O 3: :-� -�: :-� 3: 3: 3: 3: 3: Z Z Z > 0 0 0 0 0 0 0 0 0 C c C 0 c c c c c c c c c O O O Z _ _ C C c _ D M M 00 M CO 00 00 MCY) cr M N M 00 00 d' It O M M CO (O CO N Cfl LA t� Ln N M [t 00 O I� 0 00 V- 0r*%0 mM000Rtr- 0 0 0 O O O m O O R U CO � CO Cfl CO CO �O CO CO aaaaaaaaa�C/) 00 . L L . 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O y c c c C c C C c C C C C C c c c C C C C C C C c C c C c C C j O O O O O O O O O O O O U U () V U U Cc cc co U V cu I, . I, I. I. I. I. I, II. r- . II, In 0 0 0 0 0 In �' �� 0 00 0 N N N N N N N m > > > > > > 3 � � � 'O L1J lJJ LLJ > Q c7 Q cr Q cr cr 0 co:�-> CL Q CL Cl Cl a C. V 0000000a. a� a C7 C7 � y -he m -)C ,L -�L ,L .fie ,e NC .1L -,lG �O LD 0 O CL 0 0 0 0 0 0 0 0 0�O O �C U > > > > 7 O 7 > > a � - V �C CL M 00 o ►� 4 COUNCIL/RDA MEETING DATE: May 17, 2005 ITEM TITLE: Approve the Riverside County Cooperation Agreement for Community Development Block Grant Funds and Home Program Funds for Fiscal Years 2006-2009 and Authorize the Mayor to Sign the Agreement RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: r STUDY SESSION: PUBLIC HEARING: Approve the Riverside County Cooperation Agreement for Community Development Block Grant Funds and Home Program Funds for Fiscal Years 2006 -2009 and authorize the Mayor to sign the Agreement. FISCAL IMPLICATIONS: The County staff is estimating the same level of grant funding and allocation of funds to participating jurisdictions as the previous year, which for La Quinta was $200,000. Allocations for participating jurisdictions are based on population, overcrowding, and poverty rates from the 2000 Census data. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The County of Riverside is in the process of qualifying as an Urban County with the Department of Housing and Urban Development (H.U.D.) for Fiscal Years 2006-2009. The City must enter into this Cooperation Agreement with the County to be eligible to receive Urban County Community Development Block Grant (CDBG) Funds and to apply for Home Program Funds, which is competitive housing grant monies that may become available during the three-year term of the Agreement. The City of La Quinta has participated in this CDBG program for 21 years and has previously entered into three-year Cooperation Agreements with the County. The primary objective of the CDBG program is the development of viable urban communities by providing adequate housing, a suitable living environment, and expansion of economic opportunities for persons of very low-, low-, and moderate - incomes. Towards achieving this objective, the Riverside County Housing Authority administers the federally funded Section 8 Rental Assistance Program. There are over 100 Section 8 rental assistance units in La Quinta. In addition, the City has a Redevelopment Agency that administers community development and affordable housing programs. The City completed construction of the Senior Center, street improvements on Avenida La Fonda, and is completing Eisenhower Drive, all of which were funded, in part, with CDBG grant monies. Key provisions of the Cooperation Agreement include: 1) the City and County are obligated to take all actions necessary to assure compliance with all applicable federal statutes such as the Civil Rights Act of 1964, the Fair Housing Act, the Housing and Community Development Act of 1974, and the National Environmental Policy Act of 1969; 2) the City develops a Community Development Plan for the period of this Agreement; 3) the City shall follow the approved Citizen Participation Plan; and 4) the City certifies there is and there will be no undue influence in the appropriation of these funds. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1. Approve the Riverside County Cooperation Agreement for Community Development Block Grant Funds and Home Program Funds for Fiscal Years 2006-2009 and authorize the Mayor to sign the Agreement; or 2. Do not approve the Riverside County Cooperation Agreement for Community Development Block Grant Funds and Home Program Funds for Fiscal Years 2006-2009 and do not authorize the Mayor to sign the Agreement; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas P&IEvans Community Development Director Approved for Submission by: G Thomas P. Genovese, City Manager Attachment: 1. Cooperation Agreement for Community Development Block Grant Funds for Fiscal Years 2006-2009 S:\CITYMGR\STAFF REPORTS ONLY\B 5 COOP AGRMT 06-09.DOC 100 ATTACHMENT 1 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 CO-OPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAM FUNDS FOR FISCAL YEARS 2006-075,2007-08, 2008-09 COUNTY OF RIVERSIDE of the State of California, hereinafter referred to as "COUNTY", and City of La Quinta an incorporated municipality within the geographical boundaries of the COUNTY, hereinafter referred to as "CITY", mutually agree as follows: WHEREAS, the Housing and Community Development Act of 1974, as amended (Public Law 93-383), hereinafter called "ACT" provides that Community Development Block Grant, hereinafter referred to as "CDBG", funds may be used for the support of activities that provide decent housing and suitable living environments and expanded economic opportunities principally for persons of low and moderate income; and WHEREAS,' the HOME program authorized by the HOME Investment Partnerships Act (HOME) was enacted as Title II of the National Affordable Housing Act of 1990, has as its purposes: to expand the supply of decent, affordable housing for low and very -low income families with emphasis on rental housing; build State and local capacity to carry out affordable housing programs, and provide for coordinated assistance to participants in the development of affordable low-income housing; and WHEREAS, CDBG regulations require counties to re -qualify as an Urban County under the CDBG program every three years; and WHEREAS, the execution of this Agreement is necessary to include CITY as a participating unit of general government under COUNTY `s Urban County CDBG and HOME I program. NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived there from, the parties agree as follows: 1. GENERAL. This Agreement gives COUNTY authority to undertake or assist in undertaking activities for Fiscal Years 2006-07, 2007-08, 2008-09, which will be funded from the CDBG 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 program, the HOME Investment Partnership program, and from any program income generated from the expenditure of such funds. COUNTY and CITY agree to cooperate, to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. COUNTY is qualified as an "Urban County" under the ACT. CITY, by executing this Agreement, hereby gives notice of its election to participate in an Urban County Community Development Block Grant program, hereinafter referred to as "CDBG program". By executing this Agreement, CITY understands that it may not apply for grants from appropriations under the Small Cities or State CDBG Programs for fiscal years during the period in which it participates in the Urban County's CDBG program and that CITY may participate in a HOME program only through the Urban County not a consortium. 2. TERM. The term of this Agreement shall be for not less than a period of three (3) years commencing on July 1, 2006 and extending through the federal fiscal years 2006-2009, which ends June 30, 2009, unless an earlier date of termination is fixed by U.S. Department of Housing and Urban Development, hereinafter called HUD, pursuant to ACT. The terms of this Agreement shall remain in effect until the CDBG (and HOME, where applicable) funds and program income received with respect to activities carried out during the three-year qualification period are expended and the funded activities completed, and that neither the COUNTY nor the CITY may terminate or withdraw from the Co-operation Agreement while it remains in effect. 3. PREPARATION OF FEDERALLY REQUIRED FUNDING APPLICATIONS. COUNTY, by and through its Economic Development Agency, subject to approval of COUNTY's Board of Supervisors, shall be responsible for preparing and submitting to HUD, in a timely manner those reports and statements required by the ACT and the federal regulations promulgated by HUD to secure entitlement grant funding under the CDBG and HOME program. This duty shall include the preparation and processing of COUNTY Housing, Community and Economic Development Needs Identification Report, Citizen Participation Plan, Q4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the County Consolidated Plan, Consolidated Annual Performance and Evaluation Report and other related programs which satisfy the application requirements of ACT and its regulations. 4. COMPLIANCE WITH FEDERAL STATUTES, REGULATIONS AND OTHER APPLICABLE STATUTES, REGULATIONS AND ORDINANCES. (a) COUNTY and CITY will comply with the applicable provisions of the ACT and those federal regulations promulgated by HUD pursuant thereto, as the same currently exists or may hereafter be amended. The COUNTY and CITY will take all actions necessary to assure compliance with COUNTY's certifications required by Section 104 (b) of Title I of ACT. COUNTY and CITY will comply with the provisions of the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and Title 24 Code of Federal Regulations part 570; the Fair Housing Act; Cranston -Gonzales National Affordable housing Act (Public Law 101-625); Section 109 Title I of the Housing and Community Development Act of 1974 (42 U.S.C.§5309); Executive Order 11063, as amended by Executive Order 12259; Executive Order 11988; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.§4630, et. seq.) and other federal or state statute or regulation that is applicable to the use of CDBG or HOME Investment Partnerships Act (enacted as Title II of the National Affordable Housing Act of 1990) funds. (b) City shall meet the requirements of Section 3 of the Housing and Urban Development Act of 1968. (c) CITY agrees that CDBG funding for activities in or in support of CITY are prohibited if CITY does not affirmatively further fair housing within its own jurisdiction or impedes COUNTY actions to comply with its fair housing certification. (d) CITY and COUNTY shall meet the citizen participation requirements of 24 CFR 570.301 and provide citizens with: 1. The estimate of the amount of CDBG funds proposed to be used I I for activities that will benefit persons of low and moderate income; and // c-- 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. A plan for minimizing displacement of persons as a result of I activities assisted with CDBG funds and to assist persons actually displaced as a result of such I I activities. 3. A plan that provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blighted areas and of areas in which funds are proposed to be used, and provides for participation of residents in low and moderate income neighborhoods; 4. Reasonable and timely access to local meetings, information and records relating to the grantee's proposed use of funds, as required by the regulations of the Secretary, and relating to the actual use of funds under the ACT; 5. Provides for public meetings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities and review of program performance, which meetings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped; (e) CITY shall develop a community development plan, for the period of this Agreement, which identifies community development and housing needs and specifies both short and long-term community development objectives. (f) CITY certifies, to the best of its knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or 104 I employee of any agency, a Member of Congress, an officer or employee of Congress, or an 2 employee of a Member of Congress in connection with this Federal contract, grant, loan, or 3 cooperative agreement, the undersigned shall complete and submit standard Form-LLL, 4 "Disclosure Form to Report Lobbying", in accordance with its instructions. 5 3. The CITY shall require that the language of this certification be 6 included in the award documents for all sub -awards at all tiers (including subcontracts, sub- 7 grants and contracts under grants, loans and co-operative agreements) and that all subrecipients 8 shall certify and disclose accordingly. This certification is a material representation of fact upon 9 which reliance was placed when this transaction was made or entered into. 10 (g) In accordance with Section 519 Public Law 101-144, (the 1990 HUD 11 Appropriations Act), the CITY certifies that it has adopted and is enforcing a policy prohibiting 12 the use of excessive force by law enforcement agencies within its jurisdiction against any 13 individuals engaged in non-violent civil rights demonstrations, and that it has adopted and is 14 enforcing applicable State and local laws against physically barring entrance to or exit from a 15 facility or location which is the subject of such non-violent civil rights demonstrations within its 16 jurisdiction. 17 5. COMPLIANCE WITH POLICY AND PROGRAM OBJECTIVES. 18 Policy and program objectives as required by applicable federal regulations for 19 the efficient administration of the CDBG program will be adopted by COUNTY's Board of 20 Supervisors, and COUNTY and CITY will adhere to said policy and program objectives. 21 6. OTHER AGREEMENTS. 22 Pursuant to federal regulations at 24 CFR 570.501(b), CITY is subject to the same 23 requirements applicable to subrecipients, including the requirement of a written agreement set 24 forth in federal regulations at 24 CFR 570.503. For each fiscal year during the term of this 25 Agreement, COUNTY and CITY shall enter into a Supplemental Agreement that will have a 26 term coinciding with a Program Year and enumerate the project(s) CITY will implement with its 27 entitlement funds. Said Supplemental Agreement will set forth the time schedule for completion 28 of said project(s) and any funding sources, in addition to entitlement funds, that will be used in 05 4' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 F011 27 99 completing the project(s). If substantial compliance with the completion schedule, due to unforeseen or uncontrollable circumstances, cannot be met by. CITY, the schedule for the project(s) may be extended. If substantial progress toward drawdown of funds is not made during the term of the Supplemental Agreement, the entitlement funds associated with the project(s) m ay b e r eprogrammed b y C OUNTY a fter appropriate n otice is g iven t o t he CITY. COUNTY's decision not to extend the completion schedule associated with the project(s) or to reprogram the entitlement funds associated with the project(s) will not excuse CITY from complying with terms of this Agreement. 7. DETERMINATION OF PROJECTS TO BE FUNDED AND DISTRIBUTION OF ENTITLEMENT FUNDS. CITY will, prior to the commencement of a Program Year, designate those projects that it desires to implement with its entitlement funds, said designation to comply with statutory and regulatory provisions governing citizen's participation. Said designation is to be reviewed by the COUNTY's Economic Development Agency to determine that the project is eligible under federal regulations for funding and inclusion in the annual Consolidated Plan's Action Plan and consistent with both federal and COUNTY policy governing use of Community Development Block Grant (CDBG) funds. COUNTY's Board of Supervisors will, consistent with Paragraphs 3, 4, 5, 6 and 7 of this Agreement, determine the distribution and disposition of all CDBG funds received by COUNTY pursuant to the Act. 8. COMMUNITY DEVELOPMENT BLOCK GRANT MANUAL. CITY warrants that those officers, employees and agents retained by it and responsible for implementing those projects funded by CDBG funds have received, reviewed and will follow the Community Development Block Grant Manual that has been prepared by COUNTY and, by this reference, said Manual is incorporated herein and made a part hereof. 9. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY CONSTRUCTED WITH CDBG FUNDS. When CDBG funds are used, in whole or in part by CITY to acquire real property 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or to construct a public facility, CITY will comply with the National Environmental Policy Act of 1969 (42 U.S. §§4321, et seq.), the California Environmental Quality Act (Cal. Pub. Resources Code §§21000, et seq.), the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §§4630; et seq.), California Government Code Sections 7260 et seq., as those Acts may be amended from time to time and any federal or state regulations issued to implement the aforementioned laws. In addition, the following is to occur: (a) Title to the real property shall vest in CITY; (b) The real property will be held by or the constructed facility will be maintained by the CITY until five years after the date that the CITY is no longer participating with the County in the CDBG entitlement program and is no longer considered by HUD to be a part of the Urban County CDBG program. (c) While held by CITY, the real property or the constructed facility is to be used exclusively for the purpose for which acquisition or construction was originally approved by COUNTY; (d) CITY shall provide timely notice to COUNTY of any action which would result in a modification or change in the use of the real property purchased or improved, in whole or in part with CDBG or HOME funds from that planned at the time of acquisition or improvement, including disposition. (e) CITY shall provide timely notice to citizens and opportunity to comment on any proposed modification or change; (f) Written approval from COUNTY must be secured if the property or the facility is to be put to an alternate use that is or is not consistent with federal regulations governing CDBG funds; (g) Should CITY desire during the five (5) year period to use the real property or the constructed facility for a purpose not consistent with applicable federal regulations governing CDBG funds or to sell the real property or facility, then: H 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26. 27 28 (1) If CITY desires to retain title, it will have to reimburse either COUNTY or the federal government an amount that represents the percentage of current fair market value that is identical to the percentage that CDBG funds comprised monies paid to initially acquire the property or construct the facility; or (2) If CITY sells the property or facility or is required to sell the property or facility, CITY is to reimburse either the COUNTY of the federal government an amount which represents the percentage of proceeds realized by the sale that is identical to the percentage that CDBG funds comprised monies paid to initially acquire the property or construct the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds. 10. DISPOSITION OF INCOME GENERATED BY THE EXPENDITURE OF CDBG FUNDS. CITY shall inform COUNTY of any income generated by the expenditure of CDBG funds received by CITY from COUNTY. CITY may not retain any program income so generated. Any and all program income shall be returned to the County and may only be used for eligible activities in accordance with all CDBG requirements, including all requirements for citizen participation. COUNTY has the responsibility for monitoring and reporting to HUD on the use of any such program income, thereby requiring appropriate record keeping and reporting by CITY as may be needed and requested by COUNTY. 11. TERMINATION. This Agreement may not be terminated by either CITY or COUNTY, nor may the CITY or COUNTY withdraw from this Agreement or any of the terms of this Agreement. 12. FORMER AGREEMENTS UTILIZING CDBG FUNDS BETWEEN COUNTY AND CITY. All agreements between CITY and COUNTY regarding the use of CDBG funds for fiscal years 1975-76 through 2005-2006 and any Supplemental Agreements there under, shall remain in full force and effect. If the language of this Agreement is in conflict or inconsistent 108 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 ►vith the terms of any prior said agreements between CITY and COUNTY, the language of this Agreement will be controlling. 13. INDEMNIFICATION CITY agrees to indemnify, defend and hold harmless COUNTY and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising from CITY acts, errors or omissions and for any costs or expenses incurred by COUNTY on account of any claim therefore, except where such indemnifications is prohibited by law. CITY shall promptly notify COUNTY in writing of the occurrence of any such claims, actions, losses, damages, and/or liability. CITY shall indemnify and hold harmless COUNTY against any liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its successor that activities undertaken by CITY under the program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to CITY under this Agreement were improperly expended. Dated: 52005 ,ATTEST: NANCY RAMERO Clerk of the Board I OR (ATTEST: COUNTY OF RIVERSIDE 0 Chairman, Board of Supervisors By: By: City Clerk Chief Executive Officer, Mayor Co-operation Agreement for Community Development Block Grant Funds 2005 -2009 1 1 2. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY COUNSEL CERTIFICATION The Office of the County Counsel hereby certifies that the terms and provisions of this Agreement are fully authorized under state and local law and that the Agreement provides full legal authority for the COUNTY to undertake or assist in undertaking essential community development and housing assistance activities specifically urban renewal and publicly assisted housing. g WILLIAM C. KATZENSTEIN County Counsel By: Deputy ICADocuments and Settings\ioudaw.002V.ocal SettinSATemporary Intemet File OLK39TOOP Agreement 0006.doc 11 COUNCIL/RDA MEETING DATE: May 17, 2005 ITEM TITLE: Approval of a Petition for Final Cancellation of a Williamson Act Contract on 40 ± Acres Located on the South Side of Avenue 52, 1,320 Feet East of Madison Street Within the Madison Club. Applicant: East of Madison, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Petition for Final Cancellation of a Williamson Act Contract for 40 ± acres on the south side of Avenue 52, 1,320 feet east of Madison Street. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Previous City Council Action The City Council at its meeting of May 3, 2005, adopted Resolution 2005-037, granting approval of a Tentative Cancellation of a Williamson Act Contract for 40 acres of land on the south side of Avenue 52, east of Madison Street (Attachment 1). This property, along with the land to the south and west, will become a part of The Madison Club, an 18-hole golf course surrounded by 275 residential units on 472 acres (Attachment 2). Required Action Pursuant to the approval granted by the City Council for the Tentative Cancellation of the Williamson Act Contract, the applicant had to comply with certain Conditions of Approval prior to the City Council approving a Final Certificate of Cancellation. The applicant has satisfied the following Conditions of Approval as outlined below: 1. The Landowner shall pay the full amount of the cancellation fee of $789,625 to the City of La Quinta prior to the Certificate of Cancellation of Contract being recorded. Unless the fee is paid or a Certificate of Cancellation is issued within one year from the date of the recording of this Tentative Certificate, the fee shall be recomputed as of the date on the notice described in California Government Code section 51283.4(b) and the recomputed fee shall be paid in full as a condition of final cancellation of the contract. Neither the cancellation fee nor any portion thereof shall be waived. This fee has been paid. 2. The Landowner shall obtain all permits and approvals necessary to commence the project on the Property. All entitlements are approved and a grading permit for the subject 40 acres is approved subject to completion of this process. 3. Applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the City), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Contract cancellation application or any application thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. The applicant has agreed to this in writing. Environmental Review The La Quinta Community Development Department completed Environmental Assessment 2004-520 for Specific Plan 99-035, Amendment #1, in accordance with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The Environmental Assessment included the Contract cancellation impacts. The City Council certified an Addendum to EIR SCH#99061 109, on February 1, 2005, by adoption of Resolution 2005-016. Conclusion Approval of this final cancellation is appropriate since the applicant has completed the above noted requirements and is ready to begin construction on the subject property. Upon approval by the City Council, the final steps for this cancellation will be completed, including recordation of the final cancellation and payment of the cancellation fee to the County of Riverside. 11� FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a Petition for Final Cancellation of a Williamson Act Contract; or 2. Do not approve the Petition for Final Cancellation of a Williamson Act Contract; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas RF.Evans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Map showing Williamson Contract property 2. Map showing The Madison Club site S:\CitvMar\STAFF REPORTS ONLY\C 11 Final Aari Pres.doc ATTACHMENT#1 le LOCATION OF 40 ACRE . WILLIAMSON ACT CONTRACT SITE 114 ATTACHMENT #2 fill r I it i I II t fill fill I Il l i III N.A.P III I III II 111 I l II I � III 1 1 II 1 I II M I ill Add tional 1 D acres added `�� V'i u t Specifi Plan area.1111 �-- ■• fill IN fill ■ III 1 fill ■ ■■...�■ mmmmm.�.■■�■■ ■ M M m 1111111 M � III i i i . I I I The Madison Club i Specific Plan Amendment I AYE 5 4 .I .I .f LEGEND terry t ub of No tlswW sP 904M ss• 0001 ss• ►Itdswry► Tbs AlAft n Chrb Sp 99 M Asmid■sst Add fta f2t swiss a~ to No ipeMe PIMAm 115 COUNCIL/RDA MEETING DATE: May 17, 2005 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 32683-1, Washington-1 11, LTD RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 9- STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement (SIA) Agreement for Parcel Map No. 32683-1, Washington- 111, LTD. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 32683-1 is located west of Adams Street and south of State Highway 1 1 1 (Attachment 1). This commercial development consists of 7 parcels on approximately 10.88 acres (Attachment 2). On November 22, 2004, the Interim Community Development Director approved Tentative Parcel Map No. 32683. 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, and the associated securities have not yet been received. The Final Map is technically complete. 116 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 (June 16, 2005), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and the associated securities. The approval is also contingent upon the developer's execution of the Hydrology MOU approved by City Council on May 3, 2005. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 32683-1, Washington-1 11, LTD; or 2 Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 32683- 1, Washington-1 11, LTD; or 3 Provide staff with alternative direction. Res ectfully submitted, imothy R. nass P. E. Public Works Direc� or/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Parcel Map 3. Subdivision Improvement Agreement 2 117 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 PARCEL MAP NO. 32683-1, WASHINGTON-111, LTD AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Parcel Map 32683-1 is conditionally approved provided the subdivider submits all required items on or before June 16, 2005. 11$3 Resolution No. 2005- Parcel Map No. 32683-1, Washington-111, LTD Adopted: May 17, 2005 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on June 16, 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. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 17th day of May 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 119 4 Resolution No. 2005- Parcel Map No. 32683-1, Washington-1 11, LTD Adopted: May 17, 2005 Page 3 ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 100 5 1�'�2f1S W O W 133b'1 S W Q ATTACHMENT 1 �I SI1V VG V �OL�7 j W Q W 0 Z W r aw ATTACHMENT 2 Rb x kit i R Jill i b, fill x [ib �jj •�t b IN b O b� Re t t jt a � N W o� ��Z t lit p 49 4 4 w j j • j j a w Ilk.�� jj W p 1 iRx � bi ru x a lit �xr z lib b xall' a xt°hj 1 xj � � � �� r A x � Vol x R x x IR. • � j j � hj #4 4 j b k R � t j b a R t L j .� 4 ,1 ee xi �r w wr► +1t ww - w •� w 8 7 ps N �do 4 N 3i s �3 4 w wun w • -Mow•■ ow i caw.um"Awo "W nshe"" --------------------- ' W� N Q � M A - - - - - - - -- - - - - - -- - ' SJS' Nit r� ♦ Z ---- -- -------. h i (aj w W ACrjrAw O b hQ a WY ' o b V 44 �. v4 Y •, Q� It W IS, md J • ' C060C 'ON dVn 13OWd t 1302Wd �,.� . n-wea "m 12kP CITY OF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32683-1 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of by and between Washington-111, LTD, a California Limited Partnership 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. 32683-1 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivideris 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 1 ti 5 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 10 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Washington Park 32683-1\ONSITE_SIA.doc reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid 11 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Washington Park 32683-1\ONSITE_SIA.doc ^ separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the 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 12 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Washington Park 32683-1\ONSITE_SIA.doc 1 ti 7 of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commehcing 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 13 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Washington Park 32683-1\ONSITE_SIA.doc 128 by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in 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. 14 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Washington Park 32683-1\ONSITE_SIA.doc 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. 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 Washington-111, LTD Mr. Jack Tarr 1 Park Plaza, STE. 1250 Irvine, CA 92614 By: Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date Date Date 130 15 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Washington Park 32683-1\ONSITE_SIA.doc Exhibit A ON -SITE SECURITY — TRACT MAP NO. 32683-1 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Grade Retention Basin Storm Drain Pipe Dry Well Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% No Plans Contingency 25% Bond Amount Performance Labor & Materials $ 1,000 $ 1,000 $ 3,200 $ 3,200 $ 7,500 $ 7,500 $ 11,700 $ 11,700 $ 1,170 $ 1,170 $ 12,870 $ 12,870 $ 1,290 $ 1,290 $ 1,290 $ 1,290 $ 3,220 $ 3,220 $ 18,670 $ 18,670 16 TAProject Development Division\Development Projects%greements\SIA\SIAs in Progress\Washington Park 32683-1\ONSITE_SIA.doc COUNCIL/RDA MEETING DATE: May 17, 2005 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 32683-3, Washington-1 11, LTD RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: /d Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement (SIA) Agreement for Parcel Map No. 32683-3, Washington- 111, LTD. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 32683-3 is located east of Washington Street and south of Simon Drive (Attachment 1). This commercial development consists of 6 parcels on approximately 7.94 acres (Attachment 2). On November 22, 2004, the Interim Community Development Director approved Tentative Parcel Map No. 32683. 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, and the associated securities have not yet been received. The Final Map is technically complete. 132 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 (June, 16, 2005), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and the associated securities. The approval is also contingent upon the developer's execution of the Hydrology MOU approved by City Council on May 3, 2005. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 32683-3, Washington-1 11, LTD; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 32683-3, Washington-1 11, LTD; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. na n, P.E. Wrorbliks Dir / City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Parcel Map 3. Subdivision Improvement Agreement 2 133 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 PARCEL MAP NO. 32683-3, WASHINGTON-111, LTD AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Parcel Map 32683-3 is conditionally approved provided the subdivider submits all required items on or before June 16, 2005. 134 Resolution No. 2005- Parcel Map No. 32683-3, Washington-1 11, LTD Adopted: May 17, 2005 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on June 16, 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. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 17th day of May 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 �r 4 Resolution No. 2005- Parcel Map No. 32683-3, Washington-111, LTD Adopted: May 17, 2005 Page 3 ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 136 5 12-7&1 S W 133&1 S W Q ATTACHMENT 1 �SlNdOb' w J W Q arm �A 7 R 8 0 ""It • -Mvwm war ww r.xs-wu. M� w �r SEE SNM7 INO iON Stir YOR'S M Im CITY of �1p` coum or Ula Or emrom � j ff J � "�� "W -Pa-- �9ilcz .�1 �o. 2 68 - � 3 33 �IYC A SESWASM Of Or AUQM 3 AAO A Pr #IZW A49= 4 AS SHOW ON AIM YAP AA2 JM3 ON W N 0" 294 PACE 4O AiFOUGN 57 OF A1Af= AWS. WaUSAC IECOqS Or AltVPSA'Ar COLWY. STAAr Or CALOOMK LO047EV N JW AC6W EiAS'T OWA!/L'R Qf SECROV JUL rONNSW S 90fIIH, 10WW 7 EASI. SAN ODW44NOW AMMW THE KEITH COMPANIES - PALM DESERT DIVISION JANUARY, 2005 I e _ ,�. PARCEL MAP NO.18418 • P.Y.B. 113/49-50 I � . , �r r'swv • is ar: Atr« er or �,♦ Aw Air PARCEL 1 , • • ,` "� I LN AC (� PARCEL A" ' I au�e , , � � •••'•PARCEL 2 Ik I Q I � I i I .�' •. aaAe •.i PARCEL 3 AN AC , PARCEL 4 #.WK PARCEL 5 an AV 7r; AWVIVM »a PARCEL 6 , lbam w PARCEL 2 PARCEL MAP NO. 30903 P.M.B. 205/48-57 N.A.P. w ' t�� a...r PARCEL YAP NO. 32683-2 / P.Y.B. v � X. ••• �,A,,t'J,17tX,,tl, • N.A.P. PARCEL 2 LLA 97-248 MST. NO. 249234 REC. 7-16-97. O.R. PARCEL ffB w �• arw�c xNs w N.A.P. 140 io ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32683-3 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into t 20s day of by and between Washington-111, LTD, a California Limited Partnership 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 he La Quinta, County of Riverside, which unit of land is known as Tract .32683-3 (t Coder (the pursuant to the provisions of Section 66410, et sec. of the California Governme"Subdivision Map Act"). B. Prior to approval of the Map, Subdivideris 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 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,11shall serve as a guarantee r nand acceptance f the of the Improvements for a period of one Wish year rerformance thecompletion payment security prior to and as a Improvements. Subdivider shall f p 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 10 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Washington Park 32683-3\OFFSITE_SIA.doc reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform to Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid 11 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Washington Park 32683-3\OFFSITE_SIA.doc 142 separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the 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 /o) 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 12 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Washington Park 32683-3\OFFSITE_SIA.doc 113 of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 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 13 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Washington Park 32683-3\OFFSITE_SIA.doc 144 by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in 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. 14 TAProject Development Division\Development ProjectsWgreements\SIA\SIAs in Progress\Washington Park 32683-3\OFFSITE_SIA.doc 145 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. 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 Washington-111, LTD c/o Jack Oldham, Operating Partner 13692 Elmer Circle Santa Ana, CA 92705 By:_ Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date Date Date TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Washington Park 32683-3\OFFSITE_SIA.doc 14615 Exhibit A OFF -SITE SECURITY — TRACT MAP NO. 32683-3 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 and Paving Landscape Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% No Plans Contingency 25% Bond Amount Performance $ 62,326 $ 4,050 $ 66,380 $ $ 6,640 $ $ 73,020 $ 7,300 $ 7,300 $ 18,260 $ 105,880 $ Labor & Materials $ 62,330 $ 4,050 66,380 6,640 73,020 7,300 7,300 18,260 105,880 ire TAProject Development Division\Development Prcjects\Agreements\SIA\SIAs in Progress\Washington Park 32683-3\0FFSITE_SIA.d0c t 7 x CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32683-3 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of by and between Washington-111, LTD, a California Limited Partnership 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. 32683-3 (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, Subdivideris 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 17 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Washington Park 32683-3\ONSITE_SIA.doc 148 V reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform to Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid 18 TAProject Development Division\Development Prcjects\Agreements\SIA\SIAs in Progress\Washington Park 32683-3\ONSITE_SIA.doc ,4 separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the 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 fr d 19 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Washington Park 32683-3\ONSITE_SIA.doc of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 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 20 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Washington Park 32683-3\ONSITE_SIA.doc by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in 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. 1J� 21 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Washington Park 32683-3\ONSITE_SIA.doc 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. 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 Washington-111, LTD c/o Jack Oldham, Operating Partner 13692 Elmer Circle Santa Ana, CA 92705 By:_ Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date Date Date 15-3 22 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Washington Park 32683-3\ONSITE_SIA.doc Exhibit A ON -SITE SECURITY — TRACT MAP NO. 32683-3 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 at n uofto partial0 ) of leases of total performance security. Partial releases shall be for not less thanpercent 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 Landscape Monumentation Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% No Plans Contingency 25% Bond Amount Performance Labor & Materials $ 196,500 $ 196,500 $ 9,000 $ 205,500 $ 196,500 $ 20,550 $ 19,650 $ 226,050 $ 216,150 $ 22,610 $ 21,620 $ 22,610 $ 21,620 $ 56,510 $ 54,040 $ 327,780 $ 313,430 1-0423 TAProject Development Division\Development Projects\NgreementS\SIA\SIAS in Progress\Washington Park 32683-3\ONSITE_SIA.doc COUNCIL/RDA MEETING DATE: May 17, 2005 ITEM TITLE: Approval of Food and Beverage License Agreement for SilverRock Resort RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: // STUDY SESSION: PUBLIC HEARING: Approve a Food and Beverage License Agreement (Attachment 1) between the City and Landmark Golf Management, LLC (Landmark) for SilverRock Resort. FISCAL IMPLICATIONS: The acceptance of a Food and Beverage License Agreement will allow SilverRock Resort to generate more revenue from food and beverage sales because Landmark will be able to obtain a Liquor License. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: As per the Golf Course Management Agreement by and between the City and Landmark, Section 3.1 - Management of the Golf Course by Manager, the manager is responsible for: (b) Managing and supervising the day-to-day operations of the food and beverage service; and (f) Acquiring all necessary licenses and permits for the operation of the Golf Course including those related to food preparation and alcoholic beverages. Since the opening of SilverRock .Resort on February 14, 2005, Landmark has managed the food and beverage operations. SilverRock Resort will not be able to sell alcoholic beverages until a Food and Beverage License Agreement is made between the City and Landmark. After the Food and Beverage License Agreement is executed, Landmark will apply for a California State Liquor License. S:\CityMgr\STAFF REPORTS ONLY\5-17-05\C13 Food & Beverage.doc 155 Staff has worked closely with Landmark to create a Food and Beverage License Agreement that is agreed upon by both the City and Landmark. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Food and Beverage License Agreement between the City and Landmark Golf Management, LLC for SilverRock Resort; or 2. Do not approve a Food and Beverage License Agreement between the City and Landmark Golf Management, LLC for SilverRock Resort; or 3. Provide staff with alternative direction. Respectfully submitted, , mot R. Jonasson, P.E. ublic Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Food and Beverage License Agreement S:\CityMgr\STAFF REPORTS ONLY\5-17-05\C13 Food & Beverage.doc 2 156 ATTACHMENT 1 LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement") is made and entered into this _ day of 2005 ("Effective Date") by and between the CITY OF LA QUINTA, a municipal corporation ("City"), and LANDMARK GOLF MANAGEMENT, LLC, a California limited liability corporation ("Manager"). RECITALS A. City and Manager are parties to that certain Golf Course Management Agreement dated as of April 8, 2004 (the "Management Agreement") pursuant to which the Manager manages for the City the Golf Course and related facilities commonly known as SilverRock Resort (collectively, the "Golf Facilities"). B. The liquor license for the Golf Facilities ("Liquor License") will be acquired and held by Manager. C. City and Manager now desire that Manager conduct the sale of food and beverages, including alcoholic beverages (the "Food and Beverage Operation"), at the Golf Facilities, upon the terms and conditions hereinafter set forth. D. This Agreement shall neither amend nor modify the Management Agreement except as it relates to the Food and Beverage Operation. As provided in this Agreement, the Management Agreement shall control the ownership, control, maintenance, and use of Facilities relating to the Food and Beverage Operation. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, City and Manager hereby agree as follows: ARTICLE I 1.1 Definitions. As used in this Agreement, the following terms shall have the respective meanings indicated below: Agency. The La Quinta Redevelopment Agency. Affiliate. Any and all corporations, partnerships, trusts, and other entities directly or indirectly controlled by, controlling, or subject to direct or indirect common control of an entity or person. Cam. The City of La Quinta, a municipal corporation. City Manager. The person holding the position of City Manager of the City of La Quinta. Furnishings and Equipment. All furniture, furnishings, trade fixtures, apparatus and equipment, including without limitation cash registers, kitchen equipment, appliances, china, glassware, silverware, telephone systems (not including pay telephones), and other personal 124/015610-0074 571704.06 a05/12/05 1573 property used in or held in storage for use in the operation of the food and beverage services at the Golf Facilities, other than operating inventory. Impositions. All taxes and assessments (including without limitation real property taxes and assessments, possessory interest taxes, and personal property taxes), water, sewer or other similar rents, rates and charges, levies, license fees, permit fees, inspection fees and other authorization fees and charges, which at any time may be assessed, levied, confirmed or imposed on the food and beverages services at the Golf Facilities Expense. Manager. Landmark Golf Management, LLC or any successor to its interests under this Agreement as provided in Section 9.3 of this Agreement. Any capitalized terms used herein and not defined shall have the same meaning ascribed to them in the Management Agreement. ARTICLE II 2.1 License. City hereby licenses to Manager on a non-exclusive basis, the portion of the Golf Facilities which is used for the same and consumption of food and beverages, including alcoholic beverages, for the term, and upon the conditions set forth herein. 2.2 Term. The term of this Agreement shall commence upon the execution of this Agreement and shall expire one (1) year later. 2.3 Termination. If the Management Agreement is terminated, then this Agreement shall automatically terminate effective as of same date of termination of the Management Agreement. 2.4 License Fees. Upon commencement of and throughout the term, Manager shall pay City a license fee in the monthly amounts as follows: $500.00 per month for the months of July, August and September; and $1,500.00 per month for the Months of October, November and December; and $1,500.00 per month for the months of January, February and March; and $500.00 per month for the months of April, May and June. Such fees shall be paid to City in lawful money of the United States, in arrears, on or before the tenth (10'h) of each month, at the address for notices set forth in the Management Agreement. Fees for partial months shall be prorated. 2.5 Assignment of Liquor License. Upon termination or expiration of this Agreement, and upon written notice of City, Manager shall immediately assign, irrespective of any alleged breach of this Agreement or the Management Agreement or dispute by any party, the Liquor License to any person or entity designated by City and shall execute any and all documents implementing said assignment as determined appropriate by the City. 2.6 Reimbursements for Costs of Liquor License. City shall reimburse Manager for all costs associated with the acquisition and renewal of the Liquor License within thirty (30) days of the submission of a requisition in a form approved by the City Manager. 124/015610-0074 571704.06 a05/12/05 - 4 1 �� ARTICLE III 3.1 Sale of Food and Alcoholic Beverages. Upon commencement of and throughout the Term, Manager shall be responsible for the sale of food and beverages, including alcoholic beverages, on the premises. Manager shall pay all labor costs and direct expenses relating to the sale of food and beverages on the premises, including the costs of purchasing food and beverage inventory and supplies. Manager shall maintain an appropriate number of food and beverage service employees and an appropriate level of inventory. Manager will collect for its account all revenues from the sale of food and beverages on the premises. 3.2 Frustration of Purpose. If Manager is not able to sell alcoholic beverages at the Premises for any reason whatsoever, including without limitation, damage, destruction, condemnation of all or any portion of the Premises, Acts of God, force majeure events and acts of governmental agencies, then at Manager's sole discretion, this Agreement shall terminate and neither party shall have any further rights or obligations under this Agreement. 3.3 Specific Operating_ Procedures. Manager shall operate and manage the food and beverage services at the Golf Facilities in accordance with the following operating procedures: 3.3.1 Hours of Operation. Food and beverage service at the Golf Facilities shall be operated on a daily basis as provided in the Management Agreement. 3.3.2 Dress Code. Appropriate attire shall be worn as defined in the Management Agreement. 3.3.3 Food and Beverage Operations. Manager shall continuously operate the restaurant located in the clubhouse and a snack bar. Other than a beverage cart(s), which is allowed at all times, temporary food stands shall not be installed on the Golf Facilities except for special events. Manager shall comply with all requirements of state and local law governing the sale and distribution of alcoholic beverages. Manager shall require and provide basic alcohol serving training to all alcohol servers. Manager shall obtain and maintain all permits from the County of Riverside Department of Health for all food and beverage services at the Golf Facility. Manager shall comply with all regulations of the County Riverside Department of Health and all other present and future health laws and regulations as may be established by the federal, state, county, and city governmental agencies. All food service employees shall possess valid food handler cards, and a copy of these cards shall be maintained in the administrative office at the Golf Facilities. Manager shall comply with City's municipal code as it relates to tuberculosis testing, and other health and disease testing as now or hereafter may be required by applicable law, for all food and beverage employees. Prices of food and beverage services at the Golf Facilities shall be comparable to prices charged at other first class golf resorts in the Coachella Valley. 3.3.4 Safety and Security. The food and beverage services at the Golf Facilities shall comply with all safety regulations of federal, state, and local governmental agencies, including without limitation any requirements imposed by California Labor Code Sections 1720 et seq. and 6300 et seq. and regulations promulgated with respect thereto, and applicable federal occupational, health, and safety laws and regulations. Manager shall take all 1241015610-0074 571704.06 a05/12/05 .. 5 1 �� reasonable actions to protect the safety of all food and beverage service employees and customers. Manager shall provide appropriate security systems, including video monitoring of cash operations, security alarm systems, motion detection sensors for after hours control, and locks for the perimeter gates. The alarm system at the food and beverage service locations shall be tied into an offsite monitoring station. Manager shall keep for seven (7) days computer back- up tapes for all accounts payable and accounts receivable information. All records at the food and beverage services at the Golf Facilities shall be kept in fireproof files. 3.3.5 Conformity with Base Budget. The license fees have been established based upon an assumption that the base budget (copy attached hereto as Exhibit A) will remain in force and effect without change during the term of the Agreement. If in the reasonable opinion and discretion of the City Manager there are changes to the budgeted income or expenses related to the food and beverage services, the City shall adjust the license fee payable hereunder so that the Manager does not experience a profit or loss in the management of the Food and Beverage operations. If, by the date that is thirty (30) days after receiving written notification of the City's adjustment of the license fee, Manager has not consented to the adjusted license fee amount; this Agreement shall terminate effective on such date or such later date as the parties agree to. 3.4 Alterations to Buildings. Manager shall not make any alterations, additions, or changes to the appearance or the structural nature of the clubhouse without the prior approval of the City Council. 3.5 Operating and Maintenance Standards. The parties acknowledge and agree that the food and beverage services at the Golf Facilities shall be operated and maintained to the standards of a first class golf resort. In addition to all other responsibilities of Manager under this Agreement, Manager agrees that at all times during the term of this Agreement, the food and beverage services at the Golf Facilities shall be operated and maintained in accordance with the applicable standards set forth on the "Evaluation Form" attached hereto as Exhibit B and incorporated herein by this reference. Each month during the term of this Agreement, the City Manager, or his or her designee, shall inspect the food and beverage services at the Golf Facilities for purposes of compliance with the terms of this Section 3.5. The remedial procedures and remedies set forth in Sections 3.8.1 — 3.8.3 of the Management Agreement shall be applicable provided the maximum deductions from the Performance Evaluation Deposit shall be $1,000.00, per month for each Deficiency Item, under this agreement. In the event Manager disagrees with the results of any Evaluation Form or in the event the parties disagree as to whether any Corrective Action Item has been properly or timely corrected, improved, or repaired, then the parties shall submit the matter in disagreement to the City Manager. If after submitting the matter in disagreement to the City Manager, the parties are still unable to resolve the disagreement to their mutual satisfaction, then the matter in disagreement shall be submitted to the City Council of the City of La Quinta. Manager shall provide the City Clerk of the City a written description of the matter in disagreement and Manager's position on such matter, and the results of the City Manager's consideration of such matter. The matter in disagreement shall be heard at a regularly scheduled open session meeting of the City Council and the recommendations of the City Council shall be stated in writing and provided to Manager. The parties agree that Manager shall comply with the recommendations 124/015610-0074 571704.06 a05/12/05 1 6 1 6 O made by the City Council as to the correction, improvement, or repair of any Corrective Action Item in accordance with Manager's responsibilities under this Agreement. With regard to any matter in disagreement, during the period of time that such matter has been submitted to the City Council as provided above, the deductions from the Performance Evaluation Deposit shall be paid into an escrow account held by the City until such matter has been finally resolved. ARTICLE IV 4.1 Contract Administration. City has designed the City Manager as the individual who is responsible for administering this Agreement on behalf of City. The City Manager may designate any member or members of his or her staff or other person to carry out the City Manager's responsibilities in administering this Agreement. Manager has designated Randy Duncan, as the individual who is responsible for administering this Agreement on behalf of Manager. Manager shall notify City in writing if another individual has replaced Randy Duncan, as the individual who is responsible for administering this Agreement on behalf of Manager. The parties acknowledge that except as otherwise expressly provided herein (a) the City Manager has the authority to approve or consent to those matters identified in this Agreement as requiring City's approval or consent and to make all other decisions on behalf of City regarding the administration of this Agreement (except where City Council approval is expressly required herein), and (b) Randy Duncan or such other individual designated by Manager has the authority to approve or consent to those matters identified in this Agreement as requiring Manager's approval or consent and to make other decisions on behalf of Manager regarding the administration of this Agreement. City's management direction to Manager shall be given by the City Manager. ARTICLE V INSURANCE 5.1 Coverage. Manager agrees to insure the food and beverage operations and to procure and maintain, as a Golf Facilities Expense, at all times during the term of this Agreement, insurance that complies with the insurance requirements of Section 3.11 of the Management Agreement: 5.2 Handling of Claims. Manager shall be responsible for handling all claims, demands, and lawsuits for any losses, damages, liability; and expenses (including without limitation personal injury and property damage claims) arising out of the operation and management of the food and beverage services at the Golf Facilities ("Claims"), whether or not such claims are covered by insurance required under this Article V as provided in Section 3.12 of the Management Agreement. ARTICLE VI 6.1 Books and Records. Manager shall keep full and accurate books of account and such other records as are necessary to reflect the results of the operation of the food and beverage services at the Golf Facilities. For this purpose, City agrees it will make available to Manager, or Manager's representatives, all books and records in City's possession relating to the food and beverage services at the Golf Facilities, including contract documents, invoices and construction 124/015610-0074 571704.06 a05/12/05 7 1�1 records. All books and records for the food and beverage services at the Golf Facilities shall be located at the Golf Facilities. All accounting records shall be maintained in accordance with generally accepted accounting principles and shall be maintained in an accrual format for each Operating Year. All such books, records, and reports shall be maintained separately from other facilities operated by Manager. Manager agrees to maintain reasonable and necessary accounting, operating, and administrative controls relating to the financial aspects of the food and beverage services at the Golf Facilities, and such controls shall provide checks and balances designed to protect the food and beverage services at the Golf Facilities, as well as the Manager and the City. The cash registers used by Manager shall be approved by City. Manager shall maintain all financial and accounting books and records for a period of at least seven (7) years after the expiration, or earlier termination of this Agreement, and City shall have the right to inspect and audit such books and records during such period as provided in Section 6.2 below. 6.2 Inspection. Upon seven (7) days prior written notice to Manager, which notice shall set forth the date and time that City desires to inspect the books and records, City or its authorized agents, auditors, or representatives shall have the right during normal business hours to review, inspect, audit, and copy the books, records, invoices, deposit receipts, canceled checks, and other accounting and financial information maintained by Manager in connection with the operation of the food and beverage services at the Golf Facilities. All such books and records shall be made available to City at the Golf Facilities, unless City and Manager agree upon another location City, at its own expense, shall have the right to retain an independent accounting firm to audit the books and records of the Golf Facilities on an annual basis. City's rights under this Section shall continue for seven (7) years (6.1) after termination of this agreement. 6.2.1 Reports to City. Manager shall deliver to City the following financial statements, in a form acceptable to City: (a) Within twenty (20) days after the end of each calendar month, a profit and loss statement showing the results of operation of the food and beverage services at the Golf Facilities for such month and for the Operating Year to date, which statement shall include sufficient detail to reflect all gross revenues, and food and beverage service expenses; and (b) Within sixty (60) days after the end of each Operating Year, a profit and loss statement showing the results of operation of the food and beverage services at the Golf Facilities for such Operating Year which statement shall include sufficient detail to reflect all gross revenues, and food and beverage service expenses. If requested by City, and at the sole expense of City, these financial statements shall be certified by an independent certified public accountant acceptable to City. ARTICLE VII TERMINATION RIGHTS 7.1 Termination by City. In addition to the City's option to terminate this Agreement pursuant to Section 2.2, City shall have the right to terminate this Agreement upon the occurrence of any one of the following events: 124/015610-0074 571704.06 a05/12/05 162 (a) Manager fails to keep, observe or perform any material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by Manager, and such default continues for a period of thirty (30) days after written. notice of such default by City to Manager (the "Cure Period"); or (b) (i) Manager applies for or consents to the appointment of a receiver, trustee or liquidator of Manager or of all or a substantial part of its assets; (ii) Manager files a voluntary petition in bankruptcy or commences a proceeding seeking reorganization, liquidation, or an arrangement with creditors, (iii) Manager files an answer admitting the material allegations of a bankruptcy petition, reorganization proceeding, or insolvency proceeding filed against Manager; (iv) Manager admits in writing its inability to pay its debts as they come due; (v) Manager makes a general assignment for the benefit of creditors; or (vi) an order, judgment or decree is entered by a court of competent jurisdiction, on the application of a creditor, adjudicating Manager a bankrupt or insolvent or approving a petition seeking reorganization of Manager or appointing a receiver, trustee or liquidator of Manager or of all or a substantial part, of its assets, and such order, judgment or decree continues unstayed and in effect for any period of sixty (60) consecutive days. City's right to terminate this Agreement shall be exercised upon written notice to Manager given at any time after the applicable Cure Period has expired. City's termination notice shall specify the effective date of such termination, which date shall not be more than sixty (60) days after the date of City's termination notice. (c) Termination of this Agreement. 7.2 Termination by Manager. Manager shall have the right to terminate this Agreement, if City fails to keep, observe, or perform any other material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by City, and such default continues for a period of thirty (30) days after notice of such default by Manager to City. Manager's right to terminate this Agreement pursuant to this Section 7.2 shall be exercised upon written notice to City given at any time after the applicable grace period has expired. Manager's termination notice shall specify the effective date of such termination, which date shall not be less than sixty (60) days after the date of Manager's termination notice. 7.3 Effect of Termination. The termination of this Agreement under the provisions of this Article VII shall not affect the rights of the terminating party with respect to any damages it has suffered as a result of any breach of this Agreement, nor shall it affect the rights of either party with respect to any liability or claims accrued, or arising out of events occurring, prior to the date of termination. 7.4 Remedies Cumulative. Neither the right of termination, nor the right to sue for damages, nor any other remedy available to a party under this Agreement shall be exclusive of any other remedy given under this Agreement or now or hereafter existing at law or in equity. 124/015610-0074 571704.06 a05/12/05 L' �V3 ARTICLE VIII TITLE MATTERS; ASSIGNMENT 8.1 Ownership of Improvements and Personal Property. All improvements to the food and beverage services at the Golf Facilities made during the term of this Agreement and all Furnishings and Equipment shall be considered property owned exclusively by City. 8.2 Levelized Inventory. The cost of the present inventory for food and beverage service shall be ascertained by an inventory audit on the first day of the license. Upon termination of the license a closing inventory audit shall be made. Any difference in the beginning and during inventory shall be compensated by a cash payment from the appropriate party. 8.3 Assignments. Except for an assignment of this Agreement by City to a governmental agency related to City, neither party shall assign this Agreement without the prior written consent of the other party. It is understood and agreed that any consent granted by a party to any such assignment shall not be deemed a waiver of any consent required under this Section 8.3 as to any future assignment. Any assignment by either party of this Agreement in violation of the provisions of this Section 8.3 shall be null and void and shall result in the termination of this Agreement. In addition to any other remedies available to the parties, the provisions of this Section 8.3 shall be enforceable by injunctive proceeding or by suit for specific performance. 8.4 Successors and Assigns. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, legal representatives, successors and assigns. ARTICLE IX INDEMNITIES 9.1 Manager's Indemnity. Manager agrees to indemnify and hold harmless City, Agency, and City Personnel from and against any and all claims, demands, actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines, attorneys' fees, costs, and expenses: (a) which result from any act or omission constituting negligence or willful misconduct by Manager or any officer, director, or employee of Manager in connection with Manager's performance under this Agreement; or (b) which result from any action taken by Manager relating to the food and beverage services at the Golf Facilities (i) that is expressly prohibited by this Agreement, or (ii) that is not within the scope of Manager's authorities under this Agreement. Manager's indemnity obligations under this Section 9.1 shall not apply to any acts or omissions taken (or in the case of omissions, not taken) either at the express written direction of City or with the express written approval of City. 124MI 5610-0074 571704.06 a05/12/05 10 164 9.2 City's Indemnity. City agrees to indemnify and hold harmless Manager and its owners, officers, directors, and employees from and against any and all claims, demands, actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines, attorneys' fees, costs, and expenses which results from any act or omission constituting negligence or willful misconduct by City or any officer, director, employee, or agent of City. ARTICLE X 10.1 Golf Facilities Names. The Golf Facilities shall be known by such trade name and/or trademark or logo as may from time to time be determined by City. The parties acknowledge and understand that the names, logos, and designs used in the operation of the food and beverage services at the Golf Facilities, together with appurtenant goodwill, are the exclusive property of City. Manager may identify the food and beverage service at the Golf Facilities as managed and operated by Manager. 10.2 Notices. All notices, demands, requests, consents, approvals, replies and other communications ("Notices") required or permitted by this Agreement shall be in writing and may be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service, postage prepaid to the addresses stated below or (c) by deposit with an overnight express delivery service. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective three (3) business days after deposit with the Postal Service. Notice by overnight express delivery service shall be deemed effective upon receipt. Notice by personal delivery shall be deemed effective at the time of personal delivery. For purposes of Notices hereunder, the address of City shall be: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attention: City Manager For purposes of Notices hereunder, the address of Manager shall be Landmark Golf Management 74-947 Highway 111, Suite 200 Indian Wells, CA 92210 Attn: President Each parry shall have the right to designate a different address within the United States of America by the giving of notice in conformity with this Section 10.2. 10.3 Independent Contractor. Manager shall at all times be considered an independent contractor under this Agreement. Nothing contained in this Agreement shall be construed to be or create a partnership or joint venture between City and its successors and assigns, on the one part, and Manager and its successors and assigns, on the other part. 124/015610-0074 571704.06 a05/12/05 11 165 10.4 Modification and Changes. This Agreement may be amended or modified only by a writing signed by both parties. 10.5 Understandings and Agreements. This Agreement and the Management Agreement constitutes all of the understandings and agreements of whatever nature or kind existing between the parties with respect to Manager's management and operation of the food and beverage services at the Golf Facilities, and this Agreement supersedes all prior understandings and agreements, whether written or oral, between City and Manager pertaining to the management and operation of the food and beverage services at the Golf Facilities. 10.6 Headings. The Article, Section and Subsection headings contained in this Agreement are for convenience and reference only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement. 10.7 Consents. Each party agrees that it will not unreasonably withhold any consent or approval requested by the other party pursuant to the terms of the Agreement, and that any such consent or approval shall not be unreasonably delayed or qualified. Similarly, each party agrees that any provision of this Agreement which permits such party to make requests of the other party shall not be construed to permit the making of unreasonable requests. 10.8 Survival of Covenants. Any covenant, term or provision of this Agreement which in order to be effective must survive the termination of this Agreement shall survive any such termination. 10.9 Third Parties. None of the obligations under this Agreement of either party shall run to or be enforceable by any party other than the party to this Agreement or by a party deriving rights under this Agreement as a result of an assignment permitted pursuant to the terms of this Agreement. 10.10 Waivers. No failure by Manager or City to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy consequent upon the breach of this Agreement shall constitute a waiver of any such breach or any subsequent breach of the same covenant, agreement, term or condition. No covenant, agreement, term or condition of this Agreement and no breach of this Agreement shall be waived, altered or modified except by a written instrument. A waiver of any breach of this Agreement shall only affect this Agreement to the extent of the specific waiver, and all covenants, agreements, terms and conditions of this Agreement shall continue in full force and effect. 10.11 Applicable Law. This Agreement shall be construed and interpreted in accordance with, and shall be governed by, the internal laws of the State of California. The parties agree that the Superior Court of the State of California, County of Riverside shall have jurisdiction of any litigation between the parties relating to this Agreement. 10.12 No Presumption Regarding Drafter. City and Manager acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between City and Manager, and that this Agreement reflects their mutual agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would 124/015610-0074 571704.06 a05/12/05 12 16 6 be inappropriate to deem either City or Manager to be the drafter of this Agreement, and therefore no presumption for or against the drifter shall be applicable in interpreting or enforcing this Agreement. 10.13 Enforceabilit of f Any Provision. If any term, condition, covenant, or obligation of this Agreement shall be determined to be unenforceable, invalid, or void, such determination shall not affect, impair, invalidate, or render unenforceable any other term, condition, covenant, or obligation of this Agreement. 10.14 United States Currency. All amounts payable pursuant to this Agreement shall be paid in lawful money of the United States of America. 10.15 Counterparts. This Agreement and any amendment may be executed in counterparts by fax, and upon all counterparts being so executed each such counterpart shall be considered as an original of this Agreement or any amendment and all counterparts shall be considered together as one agreement. 10.16 Attorneys' Fees. In the event of a dispute involving the nonperformance by a party hereto of its obligations under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all other expenses (including fees and costs related to discovery) reasonably incurred in connection with such dispute, whether or not litigation is commenced, in addition to all other relief to which the party is entitled. If the successful party recovers judgment in any legal action or proceeding, the attorneys' fees and all other expenses of litigation shall be included in and made a part of any such judgment. 10.17 Easements. Manager shall recognize all easements of record affecting the food and beverage service at the Golf Facilities. 10.18 Publicity. Any commercial advertisements, press releases, articles, or other media information using City's name or the name of the Golf Facilities shall be subject to the prior approval of City which approval shall not be unreasonably withheld. 10.19 Covenants Against Discrimination. Manager agrees that in connection with its performance under this Agreement, there shall be no discrimination by Manager against any person on account of race, color, creed, religion, sex, marital status, national origin, or ancestry. Manager agrees to include a provision similar to this Section 10.19 in all subcontracts entered into by Manager in connection with work being performed under this Agreement. 10.20 Time of the Essence. Time is of the essence of this Agreement. The parties understand that the time for performance of each obligation has been the subject of negotiation by the parties. 10.21 Authority. The parties represent for themselves that (a) such party is duly organized and validly existing, (b) the person or persons executing this Agreement on behalf of such party is/are duly authorized to execute and deliver this Agreement on behalf of such party, (c) by so executing this Agreement, such party is formally bound to the terms and provisions of this Agreement, and (d) the execution of this Agreement does not violate any provision of any other agreement to which such party is bound. 124/015610-0074 571704.06 a05/UM 13 167 10.22 Possessory Interest. Pursuant to California Revenue and Taxation Code Section 107.6, City hereby informs Manager that this Agreement may create a possessory interest subject to property taxation, and in such event Manager may be, subject to the payment of property taxes levied on such interest. The parties agree that in the event possessory interest property taxes are levied against Manager in connection with this Agreement, such taxes shall be considered Golf Facilities Expense and shall be paid from the Golf Facilities Expense Accounts pursuant to the provisions of the Management Agreement. 10.23 Conflict of Interest. The parties hereto hereby covenant that during the term of this agreement they will not employ any person to administer any portion of this agreement that has an interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. 124/015610-0074 t 571704.06 a05/12/05 1 14 IN WITNESS WHEREOF, the parties have executed or caused this Agreement to be executed as of the day and year first written above. CITY OF LA QUINTA, a municipal corporation Date: , 2005 By: APPROVED AS TO FORM: M. Katherine Jenson, Esq., City Attorney Date: 92005 124/015610-0074 571704.06 a05/12/05 Its: Mayor LANDMARK GOLF MANAGEMENT, LLC, a California limited liability company By:0g.I� Its:Vice, � -Ae4 i- 15 169 �m OQ CD 00 It p tAN I�coo NNT•- $ $20 0 QOONvgg 00 8 pOOt[)�NSO000� T a z 0 GO 00 0 In IT �� OQ �tiCDGo 93� 00� Pi actT 11 Od IEEE v oo vVf �'wv vvNN Iv vvcvcv T T o 0 o T T T T allo oNooNovv aN NNs-T QgQod� 8$�� oQo gg gg�� if)N NNTT N T O O O O In id cli NNTT �NyTO00 TTtntA tAN (V NTT �mnr40 T T g8GDN �(7 m CCL CO T T T 0 T T ao N m� CD T T au r) �N O T T rP m� T 8a0_ 25 Go Q% Q N .- �O)O (y T o00S6QQ ggt S gOO �cO' rOiSOOdOt m000TQSC14, SOfO O pOOOSO§NID OOQOOQ T Roo �� 88 � S p 8dQu9k9§§ i$$0008 T T T t�)OO��NvQ SH18p C4 8008C�MMQ Ng00008 ttTOC cc..aa T goo g gQQsq�SQQQQs T N T tm�oovi cov� �g� � � � �ioo�u4i8�N00000� tp m st T cr) N N (� N T N0O00 0 ai71 8 8-0a8 c §§ CD0010 rr N v_ T l7 1� fV Q T T m ! 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Rf a r ja '� W J c .! fl `C = e0 c O t r tL r0 �i Z 7 O_r 0 = iAa�Z wwoa tLm b �°2~e vf=t� F E F waoiE"f6£''1° E- 1- w M ww vvo © w r —A! 1: Ito2 to a lwz51 c$U:32 12 '' 16 1 "o Au OF COUNCIL/RDA MEETING DATE: May 17, 2005 AGENDA CATEGORY: ITEM TITLE: Approval of an Amendment to the BUSINESS SESSION: r� Professional Services Agreement (PSA) with PW CONSENT CALENDAR: /vL Construction Inc., for Construction Management Services for the Municipal Library, Project No. 2000-06 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve an Amendment to the Professional - Services Agreement with PW Construction Inc. in the amount of $50,000 for additional construction management services associated with the municipal library project. FISCAL IMPLICATIONS: On May 4, 2004, the City Council approved a Professional Services Agreement (PSA) with PW Construction Inc. for construction management services in the amount of $300,000. The proposed amendment would increase the contract by $50,000 for a total contact amount of $350,000. Sufficient funds are available in the project's Contract Services/Professional Account, # 401-1702-551.32-10. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 4, 2004, the City entered into a contract with PW Construction Inc. for construction management services associated with the municipal library. The contract projected that the services would be provided over a twelve-month period and was to include pre -bid support, management during the construction phase and close out support at the conclusion of the project. On June 15, 2004, the City Council rejected the initial library bids and directed staff to re -bid the project. This was done and, as a result, the construction contract was awarded on July 20, 2004. On April 5, 2005, the City Council approved a Change Order to the Project that allowed for the completion of Phase II in conjunction with the Phase I construction. It is estimated that the additional scope will add approximately 30 days to the construction time for S:\CITYMGR\STAFF REPORTS ONLY\C 1 PW AMENDMENT.DOC 171 the library. As a result of the re -bid and the addition of Phase II work to the contract, PW Construction's services are expected to occur over a fifteen -month period, as opposed to the twelve anticipated by the original contract. The proposed amendment provides for compensation for the additional services provided. FINDINGS AND ALTERNATIVES: 1. Approve an Amendment to the Professional Services Agreement with PW Construction Inc. in the amount of $50,000 for additional construction management services associated with the municipal library project; or 2. Do not approve an Amendment to the Professional Services Agreement with PW Construction Inc. in the amount of $50,000 for additional services; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Direct r of Building and Safety Approved for Submission by: Thomas P. Genovese, City Manager Attachment: 1. Amendment to the Professional Services Agreement with PW Construction Inc. S:\CITYMGR\STAFF REPORTS ONLY\C 1 PW AMENDMENT.DOC w L ATTACHMENT 1 AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH PW CONSTRUCTION INC. FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE MUNICIPAL LIBRARY, PROJECT NO. 2000-06 Per Section 9.3 of the aforementioned Agreement, both parties agree to the following: Exhibit B is amended to add $50,000 to the base contract amount for the additions to the scope of services, for a total contract amount of $350,000 Exhibit C is amended to read as follows: Consultant shall complete all services within fourteen months of the date of the original agreement. Section 2.1 of the contract is amended to read as follows: 2.1 Contract Sum For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Three Hundred and Fifty Thousand Dollars ($350,000) ... the rest of the Section to remain unchanged. City of La Quinta a California municipal Corporation Thomas P. Genovese, City Manager ATTEST: June S. Greek, City Clerk Date G:\LIBRARY\PW AMENDMENT.DOC 173 3 APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: PW Construction Inc. By: Name: Title: Date: S:\CITYMGR\STAFF REPORTS ONLY\C 1 PW AMENDMENT.DOC 174 4 4 �Q�rw COUNCIL/RDA MEETING DATE: May 17, 2005 ITEM TITLE: Consideration to Award a Contract for the Downtown Parking Lot and Lighting Improvements, Project No. 2003-14 and Authorization to Execute a Finance Agreement Between the City of La Quinta and the La Quinta Redevelopment Agency RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION. CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The following represents the approved project funding and additional funding sources: Fund — Proge ct Name Source Available 1739 - Village Parking Lot RDA 1 $434,780 Federal Assistance CDBG $180,355 RDA 1 * $ 543, 969 Total Available Funding $1,159,104 *RDA 1 funding would come from an advance from the General Fund Economic Development Reserve to the La Quinta Redevelopment Agency. The City Council has designated $1,410,000 of reserves for economic development purposes. This advance is required as RDA 1 does not have available resources to fund this project, but may borrow the funds and then provide them for this purpose. If the City Council would like to move forward with this project with either Alternative 1, 2, or 3, staff is seeking authorization for the City Manager to execute a financing agreement in the amount of up to $543,969. The loan would be subject to interest at the rate of seven percent (7%) per annum with the principal and any unpaid interest due and payable by November 29, 2033 175 The project was bid requesting a base bid with two alternatives as shown in Attachment 1. The results are outlined below. Award Alternative No. 1 (Attachment 2) — Base Bid Area (Parking Lot Improvements) Considering the lowest responsive bid, in the amount of $647,564, the following represents the proposed project budget if the City Council chooses to construct the parking lot improvements without any of the pedestrian crossings: Construction: Design: Inspection/Testing/Survey: Administration: Contingency: Total: $ 647, 564 $56,935 $50,186 $32,000 $64,564 $851,249 A shortfall exists between the amount available ($615,135) and the amount necessary for construction ($851,249), in the amount of $236,1 14. If the City Council chooses to award this alternative, $236,1 14 would need to be appropriated. Award Alternative No. 2 (Attachment 3)— and 2 (Parking Lot Improvements plus Bermudas) Base Bid Area plus Additive Alternates 1 Both Pedestrian Crossings on Avenida Considering the lowest responsive bid, in the amount of $723,546, the following represents the proposed project budget if the City Council chooses to construct the parking lot improvements with both pedestrian crossings on Avenida Bermudas: Construction: Design: Inspection/Testing/Survey: Administration: Contingency: Total: $723,546 $56,935 $ 56,000 $36,000 $72,354 $944,835 A shortfall exists between the amount available ($615,135) and the amount necessary for construction ($944,835), in the amount of $329,700. If the City Council chooses to award this alternative, $329,700 would need to be appropriated. 176 2 Award Alternative No. 3 (Attachments 4 & 5)- Base Bid Area plus Additive Alternates 1 through 5 (Parking Lot Improvements plus Both Pedestrian Crossings on Avenida Bermudas, Both Pedestrian Crossings on Desert Club Drive, and Landscape Enhancements around the Parking Lot Perimeter) Considering the lowest responsive bid, represents the proposed project budget Award Alternative No. 3: Construction: Design: Inspection/Testing/Survey: Administration: Contingency: Total: in the amount of $897,897, the following if the City Council chooses to construct $897,897 $56,935 $69,587 $44,895 $89,790 $1,159,104 A shortfall exists between the amount available ($615,135) and the amount necessary for construction ($1,159,104), in the amount of $ 543,969. If the City Council chooses to award this alternative, $543,969 would need to be appropriated. CHARTER CITY IMPLICATIONS: None. The proposed improvements will be partially funded with RDA Project Area No. 1 funding and Community Development Bock Grant (CDBG) funding. The project will be subject to prevailing wage requirements. BACKGROUND AND OVERVIEW: On December 16, 2003, the City Council appropriated $434,780 from RDA Project Area No. 1, selected Refurbishment Option No. 2 - Conventional Parking Lot, and directed staff to obtain the necessary plans, specifications and engineer's estimate (PS&E) from David Volz Design to cause the installation of the proposed improvements to the Downtown Parking Lot. Refurbishment Option No. 2 overlays the existing turf block with a more traditional asphalt concrete surface. Enhanced landscaping will also be installed to soften the look and reduce the heat gain on the site. On April 20, 2004, the City Council discussed and accepted the design concept of the pedestrian crossings on Avenida Bermudas and Desert Club Drive. 177 3 On February 1, 2005, the City Council approved the PS&E and authorized staff to advertise the Village Parking Lot Improvements, Project No. 2003-14, for bid. On April 6, 2005, sealed bids were received for the construction of this project. Attachment 1 represents a summary of the bids received and compares the bids to the engineer's estimate. The basis of award was the lowest combined price of the base bid area plus additive alternates 1-5. Cora Constructors presented the apparent low bid in the amount of $816,000; however, Cora Constructors' bid proposed 40% of the project activity, including asphalt paving, landscape and irrigation, electrical, pavers, and stone veneer be assigned to an unqualified sub -contractor. Subsequently, Cora Constructors bid was determined to be non -responsive. In addition, the Staff believes that the bid is impermissibly frontloaded. The second apparent low bidder was Mocon Corporation. Mathematical errors in its bid, once corrected, showed their bid to be higher than the third bidder, Granite Construction. Granite Construction has submitted the lowest qualified bid and is therefore recommended for this project. Because Cora Constructors submitted a non -responsive bid, Granite Construction submitted the lowest responsive bid in the overall amount of $897,897. Contingent upon City Council approval to award the construction of one of the Award Alternatives presented above, the following represents the time period in which the project is expected to proceed: City Council Awards Construction May 17, 2005 Sign Contracts and Mobilize May 18 to June 3, 2005 Construction (120 Consecutive Calendar Days) June to September 2005 Project Close-out/Acceptance October 2005 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appropriate $236,1 14 from RDA 1 available funds and authorize the City Manager to execute a financing agreement in the amount of $236,114 between the La Quinta Redevelopment Agency and the City of La Quinta using the City's General Fund Economic Development reserves; adopt a Resolution making certain findings pursuant to Health and Safety Code Section 33445(a); and award a contract to the Granite Construction Company to construct the Base Bid Area (parking lot only) for the Village Parking Lot Improvements, Project No. 2003-14, for bid; or 1'7 8 4 2. Appropriate $329,700 from RDA 1 available funds and authorize the City Manager to execute a financing agreement in the amount of $329,700 between the La Quinta Redevelopment Agency and the City of La Quinta using the City's General Fund Economic Development reserves; adopt a Resolution making certain findings pursuant to Health and Safety Code Section 33445(a); and award a contract to the Granite Construction Company to construct the Base Bid Area plus Additive Alternates 1 and 2 (parking lot and both pedestrian crossings on Avenida Bermudas) for the Village Parking Lot Improvements, Project No. 2003-14, for bid; or 3. Appropriate $543,969 from RDA 1 available funds and authorize the City Manager to execute a financing agreement in the amount of $329,700 between the La Quinta Redevelopment Agency and the City of La Quinta using the City's General Fund Economic Development reserves; adopt a Resolution making certain findings pursuant to Health and Safety Code Section 33445(a); and award a contract to the Granite Construction Company to construct the Base Bid Area plus Additive Alternates 1 through 5 (parking lot improvements plus both pedestrian crossings on Avenida Bermudas, both pedestrian crossings on Desert Club Drive, and landscape enhancements within the parking lot) for the Village Parking Lot Improvements, Project No. 2003-14, for bid; or 4. Reject all bids and direct staff to re -advertise the Village Parking Lot Improvements, Project No. 2003-14, for bid; or 5. Provide staff with alternative direction. Respectfully submitted, rZ, Timothy R. Jonasson, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Bid Comparison Summary 1179 5 2. Award Alternative 1, Drawing of Base Bid Area 3. Award Alternative 2, Drawing of Base Bid Area plus Additive Alternates 1 & 2 (Both Pedestrian Crossings on Avenida Bermudas) 4. Award Alternative 3, Drawing of Additive Alternates 3 & 4 (Both Pedestrian Crossings on Desert Club Drive) 5. Award Alternative 3, Drawing of Landscape Enhancements around the Parking Lot Perimeter and Additive Alternate 5 (Corner Enhancement) 1.9J L RESOLUTION NO. 2005- A RESOLUTION OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) WHEREAS, on the 18T" day of May, 2004 the La Quinta City Council (the "City Council") approved the Fiscal Year 2004/2005 through 2008/2009 Capital Improvements Program as part of the Fiscal Year 2004/2005 budget which approved proceeding with improvements to the Village Parking Lot Improvements, all of which are publicly owned improvements; and WHEREAS, the Village Parking Lot Improvements are located in Redevelopment Project Area No. 1, and will enhance the public's use and enjoyment of Village Area within Redevelopment Project Area No. 1; and WHEREAS, the funding for the Village Parking Lot Improvements is not otherwise available at this time; and WHEREAS, it would be in the best interest of the public for the Village Parking Lot Improvements to be installed at this point and time. NOW, THEREFORE, BE IT RESOLVED, by the La Quinta City Council as follows: SECTION 1. Pursuant to Health and Safety Code Section 33445(a), the City Council finds and determines that: a. That the Village Parking lot Improvements will be of benefit to Redevelopment Project Area No. 1, to the area surrounding Redevelopment Project Area No. 1, and to the immediate neighborhood in which the Village Parking Lot Improvements will be located. b. No other reasonable means of financing the Village Parking Lot Improvements are available to the community at this time, and that the Redevelopment Capital Improvement Project Area No. 1 fund currently does not have sufficient funds to pay for the construction, and will not accommodate sufficient funds for that purpose within the near future. Nor are the funds otherwise available from other sources. C. The payment of funds for the construction of the Village Parking Lot Improvements will assist in the elimination of one or more blighting conditions inside the project area, and is consistent with the Agency's implementation plan adopted pursuant to Section 33490. 181 7 Resolution No. 2005- Village Parking Lot Improvements Adopted: May 17, 2005 Page 2 SECTION 2. The City Council therefore consents to the Redevelopment Agency funding of the improvement costs of the Village Parking Lot Improvements in Redevelopment Project Area No. 1. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on the 171h day of May, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. 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CONTRACTOR TO SUBMIT COLOR SAMPLE 0r CONTAINERS FOR CITY REVIEW AND APPROVAL. Ce NORTH �e SCALE: YV=l'_0" CORNER ENHANCEMENT - ADD ALTERNATE BID No. 5 190 16 COUNCIL/RDA MEETING DATE: May 17, 2005 ITEM TITLE: Consideration of a Resolution to Support AB 888, AB 1222 and SB 459 Regarding Locomotive and Rail Year Emissions Reductions RECOMMENDATION: AGENDA CATEGORY: 1� BUSINESS SESSION: o- CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution in support of AB 888, AB 122 and SB 459. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In 2004, the Coachella Valley Association of Governments (CVAG) Executive Committee approved a Resolution in support of Senate Bill (SB 1397) regarding a Locomotive Emissions Reduction and Mitigation Program. The Bill failed. The SCAQMD and legislators are trying to again address this most important area of pollution. The South Coast Air Basin is one of two "extreme" non -attainment areas in the country for ozone. Over 75% of air emissions come from mobile sources, including trains. Trains are one of the largest sources of air pollution in the South Coast Air Basin. The Nitrous Oxide (NOX) emitted from railroad operations in the Basin exceed the emissions from 100 of the largest oil refineries, power plants, chemical plants and other industrial facilities combined; emissions estimated at 36 tons of NOX per day. The South Coast Air Basin population is projected to almost double in the next 20 years. Coachella Valley cities that line the railroad tracks along Interstate 10 are impacted directly and indirectly by rail generated air emissions. 191 The federal Environmental Protection Agency (EPA) adopted national standards for new and re -manufactured locomotives in 2000. The State Air Resources Board entered into agreements with major railroads to utilize locomotives in the South Coast Air Basin that meet certain emission limitations by 2010. Even with these federal and State efforts, they fall short of what is required under the AQMD's own Air Quality Management Plan to bring the Basin back into attainment in a timely manner. These proposed Bills would implement measures as outlined in each summary below including creation of a mitigation fee program which would allow a railroad to pay a fee which would then be used to reduce emissions from other sources in the vicinity of rails. For example, the lack of grade separations between rail lines and surface streets results in idling trains and traffic. These funds could be used to establish programs/efforts to reduce these emissions. Impacted cities could potentially apply for these funds to provide for more grade separations. Summary of Proposed Legislation Assembly Bill 1222 would allow • The California Air Resources Board (CARB) to establish the High -Polluting Locomotive Program; • CARB to encourage voluntary testing, repair, maintenance or replacement of high polluting locomotives by their owners or operators; • CARB to establish a remote sensing program to determine the levels of air contaminants emitted by locomotives during operations; • CARB to then identify and notify the public and owners and operators of the operation of a high -polluting locomotive; • CARB to impose a fee on owners, operators of locomotives to recover the costs of implementing the Program. Assembly Bill 888 would allow: • AQMD to establish the Rail Yard Equipment Emission Reduction Program; • CARB to submit the AQMD regulations to EPA for a waiver or authorization so AQMD can implement the regulations; • Priority to be given to communities adjacent to rail lines within the district with the most significant exposure to air contaminants that are also communities with low-income populations. 1 3 ' 02 Senate Bill 459 would allow: • Authorization to the SCAQMD to adopt a locomotive emission impact mitigation fee to be imposed on specified railroad companies that operate in whole or in part within LA, Orange, Riverside, and/or San Bernardino counties; • SCAQMD to spend the funds for specified purposes that would directly reduce air contaminants or reduce the public health risks associated with air contaminants, including the funding of a program of projects to reduce emissions; • SCAQMD took to communities adjacent to rail lines with the most significant exposure and to low-income communities. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1. Adopt a Resolution of the City Council supporting AB 888, AB 1222 and SB 459; or 2. Do not adopt a Resolution of the City Council supporting AB 888, AB 1222 and SB 459; or 3. Provide staff with alternative direction. Respectfully submitted, A09--i .6'el Douglas R. vans Community Development Director Approved for Submission by: Thomas P. Genovese, City Manager RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA SUPPORTING ASSEMBLY BILL 1222 (JONES); ASSEMBLY BILL 888 (DE LA TORRE); AND SENATE BILL 459 (ROMERO) WHICH WOULD ENACT LOCOMOTIVE AND RAIL YARD EMISSIONS REDUCTION AND MITIGATION PROGRAMS; A REMOTE SENSING PROGRAM; AND CALL UPON U.S. EPA TO FURTHER LIMIT LOCOMOTIVE EMISSIONS WHEREAS, the South Coast Air Basin is one of two "extreme non - attainment" air basins for ozone in the United States and to achieve attainment of federal and State public health standards requires extraordinary effort by federal, State and local regulatory authorities working in concert; and WHEREAS, federal and State health -based ambient air quality standards for ozone and PM 10 are exceeded regularly and by a wide margin in the South Coast Air Basin; and WHEREAS, the federal Environmental Protection Agency has recently adopted more stringent 8-hour ozone and PM 2.5 standards that will require even greater emission reductions in the South Coast Air Basin; and WHEREAS, emissions from locomotives and rail yard equipment in the South Coast Air Basin contribute significantly to excesses of federal and State ozone and PM 10 standards, as well as to emissions of diesel exhaust, a toxic air contaminant; and WHEREAS, in order to attain State and federal standards for ozone and PM2.5, it is necessary that emissions from locomotives and rail yard equipment be controlled or otherwise mitigated; and WHEREAS, the federal Environmental Protection Agency has authority to adopt regulations limiting emissions from locomotives and rail yard equipment, but State and local regulatory authorities are restricted by federal law. In order to attain State and federal ambient air quality standards, it is necessary that emissions from locomotives and rail yard equipment be controlled or mitigated by the federal government or, if necessary, by State or local governments using authorities available to them; and WHEREAS, in 1998, the California Air Resources Board entered into a Memorandum of Understanding with the Burlington Northern and Santa Fe Railroad Company, and the Union Pacific Railroad Company, under which the railroads S:\CityMgr\STAFF REPORTS ONLY\B 4 Reso Reso Locomotive Bill.doc City Council Resolution No. 2005- Support of AB 1222, AB 888, and SB 459 Adopted: May 17, 2005 Page 2 agreed to utilize locomotives in the South Coast Air Basin that would meet certain emissions limitations; and WHEREAS, in 2003, the South Coast Air Quality Management District adopted the most recent revision to its Air Quality Management Plan. The 2003 Plan includes stringent emissions standards for factories, power plants, on -road and off -road mobile sources and other sources that are within the regulatory jurisdiction of the South Coast District and the California Air Resources Board — including sources powered by diesel engines similar to locomotives and rail yard equipment. The percentage of emission reductions that will be achieved by significant sources subject to State and local authority is substantially greater than the percentage of emissions reductions that will be achieved by locomotives under existing federal regulations and the 1998 MOU; and WHEREAS, the 2003 South Coast District Plan proposes a significant amount of emissions reductions through means that are yet to be specifically determined. To the extent that emissions from locomotives and rail yard equipment are not controlled, additional emissions reductions from sources subject to State and local regulatory jurisdiction, which have already been stringently regulated, will be required; and WHEREAS, one means of mitigating emissions from locomotives is by funding programs to reduce equivalent emissions from other sources that contribute to ozone, PM 10, PM2.5, or toxic air pollution. For example, the lack of grade separations between rail lines and surface streets in the South Coast Air Basin contributes to emissions from idling vehicles and is an indirect emissions impact of increasing rail traffic in the Alameda Corridor and Alameda Corridor -East. Funds obtained through a locomotive emissions mitigation program could be utilized to establish additional grade separations, as well as other control strategies; and WHEREAS, unless and until the federal Environmental Protection Agency adopts regulations requiring locomotives in the South Coast Air Basin to achieve all feasible emission reductions as necessary to achieve federal clean air standards, the South Coast Air Quality Management District should be authorized to adopt a locomotive mitigation fee for locomotive emissions that is proportionate to the health and environmental harms resulting from those emissions, provided such mitigation fee does not result in a shift or increase in emissions to other parts of the Basin; and WHEREAS, it is therefore necessary that legislation authorize the South Coast Air Quality Management District to implement a locomotive emission J9a City Council Resolution No. 2005- Support of AB 1222, AB 888, and SB 459 Adopted: May 17, 2005 Page 3 reduction and mitigation program; and a retrofit requirement for rail yard equipment; and WHEREAS, it is therefore necessary that legislation authorize the California Air Resources Board to implement a State-wide remote sensing program to detect high polluting locomotives operating in the State; NOW, THEREFORE, THE CITY OF LA QUINTA, CALIFORNIA, does hereby declare and resolve that Assembly Bills: 1222 & 888; & Senate Bill 459; 1. Are necessary to protect the health and welfare of our residents from cancer causing toxic air pollutants, especially children and seniors; 2. Are essential to reduce diesel emissions from locomotives in Southern California to meet deadlines between 2010 and 2021 for clean air established by federal government; 3. Are critical in ensuring the burden for emission reductions in the region is not unfairly placed on local businesses, and that significant future reductions are achieved from currently under -regulated locomotives and rail yard equipment; 4. Ensure funding to mitigate locomotive air pollution by creating additional grade separations between rail lines and local surface streets to reduce emissions from idling trains, and for programs to address accompanying health effects from diesel emissions; 5. Ensure that emissions from rail yard equipment impacting local communities will be controlled; and 6. Ensure that high polluting locomotives in the state will be identified and that appropriate repairs will be requested. BE IT FURTHER RESOLVED, that the City Council of the City of La Quinta, California hereby urges: 1 . Its members to use the strength of their lobbying organizations to counteract State partisan politics and impress upon our legislators the importance of these Bills and their positive health impacts to our communities; 2. California legislators to enact AB 1222, AB 888, and SB 459 as proposed and urge the governor to sign them into State law without delay. 196 06 City Council Resolution No. 2005- Support of AB 1222, AB 888, and SB 459 Adopted: May 17, 2005 Page 4 PASSED, APPROVE to wit: AYES: NOES: ABSENT: ABSTAIN: D DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 197 0r T 0 olodf 4 4a�rw COUNCIL/RDA MEETING DATE: May 17, 2005 ITEM TITLE: Consideration of Marketing Partnership Proposal with the City of La Quinta as Title Sponsor for the Jim Murray Alumni Challenge Golf Invitational RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The submitted proposal requests $200,000 from the City in exchange for "Title Sponsorship" recognition. The Jim Murray Memorial Foundation provides seven $5,000 scholarships annually to journalism students. Proponents of the submittal suggest that the City will receive a return on this investment by way of economic development and golf marketing value (i.e., from media exposure, name recognition, and community relations' tools). The current FY 04/05 budget does not have an appropriation for this activity. If the City Council directs staff to include this item in either the current FY 04/05 budget or the proposed FY 05/06 budget, either in its entirety or in part, funding would come from the General Fund. The Council may decide to fund this project from the $1,410,000 in General Fund Economic Development reserves or from General Fund unallocated reserves. If the City Council does not wish to fund the program from reserves, then the Council may want to look at funding the program from the marketing budget as further discussed in the Background and Overview section that follows. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." Project proponents have forwarded this proposal as an economic development venture. BACKGROUND AND OVERVIEW: The City Council received correspondence from the International Golf Museum requesting that the City serve as Title Sponsor for a proposed SilverRock Jim Murray Alumni Challenge Golf Invitational on December 1 1-13, 2005. The Council, at its regular meeting of May 3, 2005, requested that staff place the matter on this meeting's agenda as a Business Item for consideration. Attachment 1 is a revised submittal provided to staff subsequent to the May 3, 2005, meeting. The Jim Murray Memorial Foundation (JMMF) was established in 1999 ". . . to perpetuate Jim's memory and his love for and dedication to his extraordinary career in journalism." Mr. Murray was a highly acclaimed sports columnist with the Los Angeles Times. The JMMF's stated goal is to raise funds to provide scholarships for print journalism students. The International Golf Museum's Mission is to "... create a fully endowed museum of international stature dedicated to the present and future of golf." The International Golf Museum has previously approached the City's Redevelopment Agency with a proposal for involvement in SilverRock Resort. The Museum's proposal has been forwarded to Destination Development Corporation (DDC) for review and consideration. The JMMF and International Golf Museum have submitted a proposal to the City offering to bring the 7th Annual Jim Murray Memorial Golf Classic to the Arnold Palmer Classic Course at SilverRock Resort (Attachment 1). As part of this proposal, "Title Sponsorship" is offered to the City with a suggested investment of $200,000. The budget for the proposed event is included as Attachment 2. Proponents suggest that the celebrity tournament and title sponsorship will bring media exposure to the City, SilverRock Resort and Arnold Palmer Classic Course at a value exceeding the City's investment. Staff forwarded the proposal for review and comment to Landmark Golf Management (regarding marketing value for the Arnold Palmer Classic Course), DDC (regarding value with respect to resort development), and Kiner Communications (regarding City marketing value). Each of the aforementioned parties recognizes the value associated with televised golf events at SilverRock Resort (see Landmark memorandum, Attachment 3). Specific to this proposal, each acknowledge Mr. Murray's stature and contribution within the journalism industry, and sports journalism in particular. The difficulty arises in evaluating whether the value and benefit associated with being the Title Sponsor for the Jim Murray Memorial Golf Classic equates to the proposed cost/investment. The proposal indicates that Title Sponsorship would provide the City with over $500,000 in "media/awareness value." It is anticipated that Fox Sports will produce 2 199 a 60-minute show, aired twice, covering the event. Thus, some of this value is in traditional advertising such as six 30-second commercial spots on the regional Fox Sports Net broadcast with a represented value of $26,500. Other represented values are more nebulous, however, such as playing spots in the tournament ($24,000), room nights at the La Quinta Hotel ($14,000) and celebrity participation/endorsements ($150,000) . The City Council adopted the La Quinta Marketing Plan at its regular meeting of April 19, 2005 (Attachment 4). At that time, it was suggested that staff work with a marketing budget parameter of $560,000 (i.e., including estimated values of $240,000 for General City Marketing, $80,000 for City. Communication, and $240,000 for SilverRock Resort). Accordingly, the value of the Murray proposal equates to 83% of the estimated annual budget allocation anticipated for either general City-wide marketing or that marketing dedicated specific to the golf enterprise fund. Additionally, while the golf operations budget is still being reviewed and negotiated, preliminary proposals by the operator indicate a significant budget deficit within the SilverRock Resort enterprise fund for next year unless expenditures can be reduced and/or revenue projections increased. And while supportive of televised events at SilverRock Resort, the operator does not recommend diverting proposed or existing golf marketing dollars to the Murray proposal. Economic Development marketing value is even harder to quantify orassess. DDC indicated that it may be premature to expect a dollar for dollar return on this investment. DDC has had limited proven success with ventures that are regionally televised to a limited market. There are no on -site hotels at SilverRock Resort at this time and the Tournament is not expected to add much to the hotel development interest already evident for the property. Kiner Communications suggests that there are alternative means by which to spend such an allocation that would reach a larger audience (Attachment 5). On the plus side, room nights generated by the event at other La Quinta hotels will generate transient occupancy taxes. Tournament playing spots or hotel rooms could be allocated to prospective hotel and/or retail developers (either for SilverRock Resort or elsewhere). In the end, however, it is not clear that this venue will be more effective than the more traditional outreach activities already anticipated in the adopted Marketing Plan. FINDINGS AND ALTERNATIVES: Celebrity and media affiliates associated with the Jim Murray Memorial Golf Classic are impressive. It would undoubtedly be beneficial to cultivate relationships such as those represented by the proponents of the SilverRock Jim Murray Alumni Challenge Golf Invitational. Staff is not able to definitively demonstrate an equivalent value for the requested investment at this time, however. Accommodation of the Tournament at SilverRock Resort, perhaps with attractive rates negotiated by Landmark and/or 3 '(- 0 0 subsidized by the City, may be an option if the proponents have an interest and are able to find alternative corporate sponsorship. The alternatives available to the City Council include: 1. Authorize staff to work with proponents of the SilverRock Jim Murray Alumni Challenge Golf Invitational to accommodate the golf event at the Arnold Palmer Classic Course provided alternative corporate sponsorship can be attained; or 2. Authorize staff to draft an agreement for Title Sponsorship of the SilverRock Jim Murray Alumni Challenge Golf Tournament with the International Golf Museum and Jim Murray Memorial Foundation, and re -allocate $200,000 (or some alternative amount) from other proposed marketing ventures; or 3. Authorize staff to draft an agreement for Title Sponsorship of the SilverRock Jim Murray Alumni Challenge Golf Tournament with the International Golf Museum and Jim Murray Memorial Foundation, and allocate an additional $200,000 (or some alternative amount) from General Fund Reserves; or 4. Do not authorize staff to further pursue the proposed SilverRock Jim Murray Alumni Challenge Golf Tournament; or 5. Provide staff with alternative direction. Respectfully submitted, Ins Mark Weiss, Assistant City Manager Approved for submission by: Z_ Thomas P. Genovese, City Manager Attachments: 1. Revised proposal from International Golf Museum 2. 2005 Jim Murray Alumni Challenge Budget 3. Landmark memorandum, May 5, 2005 4. City of La Quinta Marketing Plan 5. Kiner Communications memorandum, May 9, 2005 2 ^1 l:. U The 7ah Annual SilverRock Jim Murray Alumni Challenge Golf Invitational Played at SilverRock Resort for the benefit of The Jim Murray Memorial Foundation, The International Golf Museum and Junior Golf in the Coachella Valley The 7th Annual Jim Murray Alumni Challenge Goff Invitational is an opportunity for the City of La Quinta to host prominent alumni from major colleges and universities across the nation in a televised, three-day golf experience scheduled for December 11-12-13, 2005 in La Quinta, California, known as the "The Golf Capital of the World." After six years in the Los Angeles area, the Jim Murray Memorial Foundation's (JMMF) annual golf classic is moving to La Quinta and will partner with the International Golf Museum Foundation (IGM) for the establishment of a permanent facility in the Coachella Valley to pay homage to the game of golf. The golf museum will include a Jim Murray Golf Writers' Wing. The junior golf educational programs supported by IGM also will benefit from the Alumni Challenge. Three days of relaxing golf and social events, television coverage, a clinic hosted by a prominent PGA Tour player, five-star accommodations, entertainment and two full days of competition is an opportunity to showcase the SilverRock Resort as a top destination for golfers of all abilities and to promote the golf course and surrounding community as a place to have fun and relax. This is also an opportunity for the City to promote the playing of tournament and special events at SilverRock, and to host potential corporate partners. The ability to mix with and establish on -going business relationships with notable alumni from colleges and universities throughout the nation, in addition to promoting civic identification through correspondence with thousands of potential invitees to this event create a unique opportunity to promote the city's new resort. Arnold Palmer, unquestionably the "king" of golf, once again will serve as honorary chairman for the event. The JMMF provides seven $5,000 scholarships annually to journalism students at the top journalism schools across the country. The winning team of the Alumni Challenge will also have the honor of having a $5,000 donation made to a university of its choice, in its name, while the top three finishers will all win awards. The Alumni Challenge will consist of 36 four -person teams representing colleges and universities from across America competing over 36 holes in a best -ball format using current handicaps. A perpetual trophy signifying the winning team will be awarded, as well as individual player trophies. �� 3 6 The Title Sponsorship • Identification as the "Title Sponsor" with logo in all advertising, media correspondence and published materials. • Title sponsorship of a Fox Sports Net one -hour special on the tournament that will be aired at least twice regionally in Southern California in January. This includes six (6) 30-second ad spots, opening and closing billboards, numerous mentions on the telecast in addition to features and interviews about the City of La Quinta and SilverRock Resort. Fourteenth Colony Productions has contracted to produce and distribute the television special. • Features on the Tee -it -Up Radio Network that broadcasts to more than 25 major markets throughout the nation. • Sports celebrity participation. • The purchase of up to 288 rounds of golf at SilverRock Resort • On -site exposure and signage at the host hotel and along the golf course. • Logo and corporate identification on official tournament gift bags and apparel. • Ability to display and/or distribute products and services. • Four golf foursomes (16 playing spots) in the event. • Sixteen two -night stays (36 room nights) at the host hotel - The La Quinta Resort and Spa - one of the preeminent resorts in the desert. • Local print, television and radio media coverage. • Full -page ad in souvenir journal. • Logo and corporate identification on the perpetual trophy and all awards. • Logo, corporate message on all correspondence to potential alumni invitees from across the country, compiled from college alumni associations. SilverRock's name and logo name would appear on virtually everything associated with the event. Title Sponsor Investment: $200,000 About the Jim Murray Memorial Foundation The Jim Murray Memorial Foundation, a private California nonprofit 501(c) (3) Corporation, was established in 1999 by Linda McCoy -Murray to perpetuate her late husband's memory, Pulitzer Prize-winning sports columnist Jim Murray, and his love and dedication to his extraordinary career in journalism. The Foundation's goal is to raise funds throughout the year to provide scholarships for print journalism students. Seven $5,000 scholarships are given annually, with one earmarked for Jim's alma mater Trinity College (Hartford, Conn.) and one for Columbia University, in honor of his 1990 Pulitzer Prize. Other universities who participate in the JMMF annual essay competition are: Arizona State University, Ball State University, California State University -Northridge, Indiana University, Loyola University -New Orleans, Northwestem University, Ohio University -Athens, St. Bonaventure University, Syracuse University, UCLA, University of Florida, University of Iowa, University of Kansas, University of Maryland, University of Minnesota, University of Missouri, University of Montana, University of North Carolina, University of Pennsylvania, USC, University of Texas, University of Wisconsin and Wake Forest University. About the Intemational Golf Museum Foundation The International Golf Museum Foundation was established in 2000 as a private California nonprofit 501(c) (3) Corporation established to build and operate the International Golf Museum. The Museum will be a true tourist attraction featuring the most modern of technologies and a true interactive experience to educate about the game's past, present and future, and to foster research into various aspects of the sport. As part of the Foundation's mission to promote and provide education in the sport of golf are initiatives such as the Mobile GoIfTm and Coachella Valley Junior Golf Academy programs currently being run by the Junior Golf Foundation of the Desert. Major Benefits Of This Title Sponsorship Include: Local, regional and national media exposure and promotional value. • Name recognition in the tournament title --which will be the subject of media features and reports throughout the region and in alumni publications and mailers. • SilverRock name and logo can be incorporated into the tournament name. • An opportunity to target market SilverRock to the Southern California region as a top golf destination. • Regional television exposure as the title sponsor, including numerous billboards, drop -ins and advertising spots. • Outstanding community relations tool to promote the new SilverRock Resort and bring a televised tournament to the course. • Relationship building tools for corporate and client hospitality. • Features and promo spots on the Tee -It -Up Radio program that is broadcast nationally Tournament organizers will purchase up to 288 paid rounds at SilverRock Resort The title sponsorship commitment is renewable. The cost is $200,000 each year for the event. If the event is picked up on a national basis after the first year, a premium for additional distribution may be charged. 8 Projected Media/Awareness Value The following is a breakdown of the projected media and public relations values that can be expected from The Jim Murray Alumni Challenge. Source Value Editorial print $40,000 Title Sponsor promotion & contest $40,000 SilverRock awareness -image impressions $50,000 On -site displays $20,000 Fox Sports Net Broadcast $75,000 (non-commercial time) Fox Sports Net $26,500 (advertising time) Back cover program ad $2,000 Local Television stories $5,000 Tee -It -Up Radio coverage $12,000 Radio & TV PSA's $20,000 Direct Mail $25,000 Sixteen (16) playing $24,000 spots in the tournament Thirty -Six (36) room nights $14,000 at the La Quinta Hotel Celebrity participation/endorsements $150,000 Television Advertising • Regional coverage as the title sponsor on Fox Sports Net • Six (6) 30-second commercial spots • Four (4) fly -by graphics • Numerous mentions and promotions 0 On -air features Awareness/Viewership • Over 5.5 million households-- Southern California --including Los Angeles, Orange County, San Diego, Santa Barbara —plus Las Vegas and Hawaii. Coverage will be national and international on satellite television. Local and regional news coverage • Charity, non-profit involvement • Promotion with top college and university alumni associations and graduates • Media recognition as a supporter of scholarships and education Sponsorship Objectives • Increased name awareness for SilverRock Resort • On -site marketing for SilverRock Resort • Solidify the market position for SilverRock Resort in the Coachella Valley and in the region • Alignment with a televised golf event and recognition as a top site for golf tournaments • Reach desirable, upper income audience with high level of discretionary income • Provide hospitality for current and potential business development clients • Increased awareness by some of the top sports media in the nation who have supported the Jim Murray Memorial Foundation Sponsor Participation • On -site marketing opportunity with displays for SilverRock Resort • Direct mail opportunity --golf promotion for SilverRock Resort • TV promotional opportunity • Corporate hospitality • Pre -event functions & activities n It-i-Q7 10 Ta I Tee It Up Radio now heard throughout the United States and Canada has been on Los Angeles radio for over 8 years now ... heard LIVE on Sunday mornings (6-8am) on the flagship station, ESPN Radio AM 710; radio home to the Anaheim Angels & Los Angeles Kings. A sampling of the current markets where the show is heard: ESPN Radio AM 710 — Southern California WTKI ESPN AM1450- Huntsville, AL KXTK ESPN 1280 — San Luis Obispo, CA KATA 1340 — Eureka, CA KQBZ 100.7 FM Seattle, WA KWAI 1080 — Honolulu, HI KDEF 1150 — Albuquerque, NM KIST 1340- Santa Barbara, CA KQDS 1490 - Duluth, MN WKRS 1220 —Waukegan, IL WRSW 1480 —Warsaw, IN, WEEB 990 — Pinehurst, NC — 2005 U.S. Open WGNC 1450 — Gastonia/CherMille, NC WDCF 1350 Tampa Bay, FL / St. Petersburg, FL CKST 1040 — Vancouver, Canada CFRN 1260 — Edmonton, Canada WBHR 660 SPORTS — St. Cloud, MN WWTM Sports 1400 — Decatur, AL The projected number of affiliates is scheduled to reach a minimum 200 radio stations throughout the United States & Canada by the end of 2005. 10 UNIVERSAL CITY PLAZA, 20TH FLOOR - UNIVERSAL CITY, CA - 91608 PHONE: 818/753-2354 - FAX: 818/753-2355 WWW.TEEITUPSHOW.COM Celebrities Below is a partial list of celebrities who have participated in the Jim Murray Alumni Challenge: Arnold Palmer Dennis Miller Tom Dreesen Elgin Baylor Chris McCarron Ann Meyers -Drysdale Joe Namath Jack Whitaker Monte Hall James Woods Ken Howard Robert Wahl Bob Costas Roy Firestone Rick Dees 12 ey'4lGxtiPi89?it4 Vl1%4?Z,! M11.daotla'nu -50mr 7-oc Fourteenth Colony Productions, LLC. is a diverse entertainment company and a leading independent producer of a wide range of radio and television programming for broadcast networks, cable networks, distributors and advertisers, as well as a leader of communications experiences from live events and meetings to integrated marketing programs for major corporations. Fourteenth Colony has created and produced many hours of entertainment programming — from radio and television shows to TV commercials and Infomercials to Sales Training Videos. Fourteenth Colony provides media buys on all nationwide cable networks as well as hundreds of TV stations throughout the country. Fourteenth Colony Productions is a full service production and marketing company under the direction of Adam J. Gottfried, President and Founder. Alan Gottfried, father of Adam and CEO, complete the executive management of the company. Fourteenth Colony currently owns and produces Tee It Up. Southern California's exclusive HIT "live" golf radio show and soon TV show among nine other radio programs heard in the southland. Fourteenth Colony Productions also produces the Mark and Brian Celebrity Golf Tournament every year which can be seen on FOX Sports Net. �� 13 ATTACHMENT 2 2005 JIM MURRAY ALUMNI CHALLENGE BUDGET EXPENSES CODE CODE DESCRIPTION BUDGET ACTUAL ADMINISTRATIVE $ 1469000.00 OFFICE SUPPLIES $ 3,500.00 POSTAGE $ 200.00 INSURANCE $ 2,500.00 COMMISSIONS --OUTSIDE SALES $ 36,000.00 EMPLOYEE MEALS $ 4,000.00 FARES/MILEAGE $ 7,000.00 TELEVISION PRODUCTION $ 80,000.00 TELEPHONE $ 3,000.00 BANK SERVICES CHARGES - CREDIT CARDS $ 3,000.00 CONTINGENCY $ 5,000.00 PRINTING $ 119250.00 LETTERHEAD $ 1,000.00 BROCHURES $ 400.00 POST CARDS $ 750.00 PROGRAM $ 3,000.00 ARTWORK $ 2,500.00 SECURITY $ 39000.00 PRIVATE 1 $ 3,000.00 ADVERTISING $ 36,000.00 DIRECT MAIL $ 25,000.00 RADIO $ 6,000.00 TELEVISION $ 5,000.00 SIGNAGE $ 2,000.00 MISCELLANEOUS SIGNAGE $ 2,000.00 UNIFORMS $ 1,000.00 VOLUNTEER $ 1,000.00 1 rev. 51912005 14 �' 11 2005 JIM MURRAY ALUMNI CHALLENGE BUDGET HOSPITALITY $ 38,500.00 MURRAY SCHOLAR RECEPTION $ 6,000.0-0 GREAT ONES BANQUET $ 10,000.00 AWARDS LUNCHEON $ 7,000.00 ON -COURSE MEALS $ 5,500.00 HOSPITALITY TENT $ 10,000.00 LODGING $ 359000.00 HOTEL BLOCK $ 33,000.00 STAFF $ 2,000.00 OPERATIONS $ 36,280.00 GREEN FEES $ 17,280.00 CONSTRUCTION $ 4,000.00 TRAVEL $ 15,000.00 PROMOTIONS $ 5,000.00 MISCELLANEOUS PROMO $ 5,000.00 MEDIA $ 3,500.00 PHOTOGRAPHY DUPLICATION $ 1,500.00 PHOTOGRAPHY $ 1,000.00 POSTAGE $ 1,000.00 MANAGEMENT/CONTRACT FEES $ 70,000.00 MANAGEMENT -MARKETING $ 50,000.00 MEDIA RELATIONS 1 $ 20,000.00 rev. 51912005 15 2005 JIM MURRAY ALUMNI CHALLENGE BUDGET MISCELLANEOUS $ 65,000.00 JUNIOR GOLF DONATION $ 5,000.00 SCHOLARSHIP GRANTS-JMMF $ 35,000.00 COACHELLA VALLEA EDUCATIONAL GRANT $ 5,000.00 DONATION TO WINNING ALUMNI ASSOCIATI 1 $ 5,000.00 TEE PRIZES/AWARDS $ 15,000.00 TOTAL EXPENSES REVENUES 452,530.00 reZ511235 16 2005 JIM MURRAY ALUMNI CHALLENGE BUDGET jjC] E DESCRIPTION BUDGET Il SPONSORSHIPS $ 200,000.00 TITLE SPONSORSHIP $ 200,000.00 SALES $ 120,000.00 ENTRY FEES $ 120,000.00 ADVERTISEMENT $ 10,000.00 PROGRAM $ 2,000.00 OTHER $ 8,000.00 CORPORATE SPONSORSHIP $ 180,000.00 ASSOCIATE SPONSORSHIPS $ 120,000.00 OTHER SPONSORSHIPS $ 60,000.00 TOTAL INCOME $ 510,000.00 4 rev. 51912005 17 A:. ATTACHMENT 3 May 5, 2005 To: Tim Jonasson Fr: Judy Vossler Re: Jim Murray Alumni Challenge Golf Invitational This memorandum is written as a reply to the City's request for Landmark Golf Management as the golf operator of SilverRock Resort to comment on the request to the City for a $200,000 sponsorship for the Jim Murray Alumni Challenge Golf Invitational. Landmark has the highest regard Linda McCoy Murray and for her efforts to keep Jim Murray's memory alive through the Jim Murray Alumni Challenge Golf Invitational. We are pleased to know the event desires to move to La Quinta after six years in Los Angeles. Further, we believe SilverRock's Arnold Palmer Classic Course is the ideal place for the event to establish itself in the desert and that the event and SilverRock will both benefit from a relationship that hosts an annual event in December. At this time, the planned dates for the tournament December 11-13, 2005 are available for booking; and with the writing of this memorandum, Randy Duncan, SilverRock's Golf Director, will temporary hold the dates while discussions continue between the City and the event's principals. Landmark would be interested in furthering conversations with the City and the event representatives in regard to offering green fees at reduced rates or at no charge as SilverRock and the City's sponsorship during the initial years of the event in La Quinta. Confirmation of television coverage should be strongly considered in determining a green fee rate structure, and the green fee rate structure should be reviewed annually after each year's event. In response to the request for a payment of $200,000 for sponsorship, Landmark does not recommend redirecting marketing dollars from the 2005-2006 golf operations marketing budget. If the marketing/advertising budget were to be adequately increased by the City, there are numerous ways in which the City and SilverRock Resort could participate in the Jim Murray Alumni Challenge Golf Invitational. Landmark believes the City and SilverRock will gain desired exposure by being the host site of the event with the event having an outside financial sponsor who also benefits from sponsor recognition. Landmark is -appreciative that the event planners have a sincere interest in SilverRock Resort as the new home of the Jim Murray Alumni Challenge Golf Invitational. We are hopeful that the event will entice external sponsors, television coverage and loyal contestants who support a new prestigious golf 015 18 4.1,E event to be hosted annually in December at the City of La Quinta's SilverRock Resort. In summary: with television coverage, SilverRock Resort would benefit if it were to provide golf (green fees) despite the loss of paying golfers and daily revenue from routine operations in that December time period; and, Landmark Golf Management would like to work with all parties to bring this annual event to the City of La Quinta. 19 �=16 ATTACHMENT 4 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 attend trade shows and enhance 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. ` 20 ti 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. • Create and distribute a quarterly City Report (newsletter) to allow for more information to spread out at different times of the year —effectively communicating in larger, more legible text and bigger graphics/photography. • 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." • 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. ^i8 21 t 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. Continue to target the golf resort population when it is here in the Coachella Valley with r advertising and media coverage in golf and travel publications (such as Desert Golf issue Magazine, the Palm Springs Life Guide, TravelHost, and the September hardbound of -1---.� 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 22 ATTACHMENT 5 er C o m m unIications To: Mark Weiss, Assistant City Manager Company: City of La Quinta From: Andrea Carter, Senior Account Executive Kiner Communications Date: May 9, 2005 Subject: Agency Feedback on Jim Murray Alumni Challenge Per your request, we have reviewed the title sponsorship proposal presented to the City of La Quinta by the 7t' Annual Jim Murray Alumni Challenge Golf Challenge. This is certainly a worthwhile tournament. However, in terms of marketing value for the requested $200,000 sponsorship, Kiner Communications feels this opportunity does not balance the other marketing strategies the City needs to engage as it builds the brand and exposure for SilverRock Resort. For example, for the same price the City could promote a "Stay & Play" golf package by running a three column by eight inch ad in the Travel Section of the L.A. Times at a frequency of 24 weeks — reaching one million people each week. The City could also purchase more targeted advertising to promote SilverRock regionally and nationally, such as PGA coverage in Los Angeles or banner advertising on PGA.com. As your marketing firm, you requested our feedback and consultation in regards to the marketing value of this proposal. While we wish the tournament success, our professional estimation is that this opportunity does not present the best marketing value for a $200,000 investment by the City of La Quinta. Please feel free to contact Scott or I with any further questions. �-) 1)() 23 " O-.V COUNCIL/RDA MEETING DATE: May 17, 2005 ITEM TITLE: Consideration of an Amendment to Title 8 of the La Quinta Charter and Municipal Code Adopting the California Electrical and Energy Codes RECOMMENDATION: A.) Motion to take up Ordinance No. reading. B.) Motion to introduce Ordinance No. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: by title and number only and waive further on first reading. The California Building Standards Commission has adopted the 2004 California Electrical Code and the 2005 California Energy Code, which will automatically apply to all applications for building permits submitted on or after August 1, 2005, and October 1, 2005, respectively. Pursuant to Health & Safety Code Section 17958, the City of La Quinta is authorized to amend the Code adopted by the Commission upon making express findings that such modifications are reasonably necessary because of local climatic, geological, or topographical conditions. With respect to the Electrical Code, the proposed ordinance maintains currently enforced local amendments while updating existing Municipal Code language to conform to the nomenclature of the 2004 California Electrical Code. With respect to the Energy Code, staff believes that an effective date two months later than the Electrical Code will have a negative impact on both the design community and our plan review and inspection staff. In particular, developers of tract homes would be required to update plans once in August for Electrical Code implementation, with an associated plan review, then again in October for Energy Code implementation, with another plan review. __By adopting the Energy Code early, as allowed by Section 10-106 of the 2001 California Building Standards Administrative Code (Part 1, Title 24, C.C.R.), staff believes that impact will be reduced by combining two plan update cycles into one. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. A.) Motion to take up Ordinance No. further reading. B.) Motion to introduce Ordinance No. 2. Do not take up the Ordinance; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Director 6f Building & Safety by title and number only and waive on first reading; or Approved for Submission by: Thomas P. Genovese, City Manager 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, REVISING TITLE 8 ENTITLED "BUILDINGS AND CONSTRUCTION," AND ADOPTING THE FOLLOWING CODES PUBLISHED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION: THE 2004 CALIFORNIA ELECTRICAL CODE; AND THE 2005 CALIFORNIA ENERGY CODE. WHEREAS, the California Building Standards Commission has adopted a State approved version of uniform codes governing construction in the State of California; WHEREAS, said new codes shall become automatically applicable to the City of La Quinta unless the City adopts certain findings related to local climatic or geographical conditions which require modifications to the state approved rules; The City Council of the City of La Quinta, California, DOES HEREBY FIND AND ORDAIN as follows: SECTION 1. Local climate conditions particularly including extreme range of temperatures and proximity to active geological areas are hereby found to require certain revisions to the State approved California Building Code. SECTION 2. ADOPTION OF BUILDING AND CONSTRUCTION REGULATIONS. There is hereby adopted an amendment, attached hereto as Exhibit A, to Title 8 of the La Quinta Municipal Code entitled "Buildings and Construction" which is incorporated as fully as if set out in full herein, for the purpose of prescribing regulations governing conditions related to building and construction and activities including those certain documents specifically described in said Exhibit A, save and except certain specified portions which are hereinafter deleted, modified or amended within various Chapters of said Title 8, of which documents being adopted by reference copies are on file with the Building and Safety Department and the same are also hereby adopted and incorporated as fully as if set out at length herein. SECTION 3. VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter,. repair, move, improve, remove, convert, or demolish, equip, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Ordinance. Any person, firm, or corporation violating, or',failing to comply with, any of the provisions of such Ordinance or Code shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of such Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500 or by imprisonment for not more than six (6) months or by both such fine and imprisonment. The application of the penalty ~~ 3 Ordinance No. _ Municipal Code Chapter 8 200x California Bldg. Standards Adopted: xxxxxx xx, 2005 Page 4 provided in this Section shall not be held to prevent the abatement of prohibited conditions as a public nuisance as provided by Section 1 .01 .250 of the La Quinta Municipal Code. SECTION 4. VALIDITY. If any section, subsection, clause or phrase of this Ordinance, or of any code adopted thereby is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance or of any code adopted thereby. The City Council hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, and each code adopted hereby irrespective of the clauses or phrases being declared invalid. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect starting on August 1, 2005. SECTION 6. POSTING. The City Clerk shall, within fifteen (15) days after the passage of this Ordinance, cause it to be posted in at least the three public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this day of , 2005, by the following vote: AYES: Council Members NOES: None ABSTAIN: None ABSENT: None Don Adolph, Mayor City of La Quinta, California r)-) ��4 4 Ordinance No. _ Municipal Code Chapter 8 200x California Bldg. Standards Adopted: xxxxxx xx, 2005 Page 5 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 wl Ordinance No. _ Municipal Code Chapter 8 200x California Bldg. Standards Adopted: xxxxxx xx, 2005 Page 6 EXHIBIT "A" Title 8 of the La Quinta Municipal Code, entitled "Buildings and Construction," shall be amended as follows: 1 . Chapter 8.01 No Changes 2. Chapter 8.02 No Changes 3. Chapter 8.03, Sections heading 8.03.010 shall be revised to change "Adoption of the California Electric Code" reference to "Adoption of the California Electrical Code." 4. Section 8.03.010 heading shall be revised to change "Adoption of the California Electric Code" reference to "Adoption of the California Electrical Code." 5. Section 8.03.010 shall be revised to change "California Electric Code, 2001 Edition" references to " 2004 California Electrical Code." 6. Section 8.03.020 shall be revised to change "The following shall be added as a new article to Chapter 1 " reference to "The following shall be added as a new article to Chapter 1 of the California Electrical Code." 7. Section 8.03.020, shall be revised to change: "120-1 " references to "120.1;" "120-2" references to "120.2;" "120-3" references to "120.3;" "120-4" references to "120.4;" "120-5" references to "120.5;" "120-6" references to "120.6;" and "120-7" references to "120.7." 9. Section 8.03.020, Article 120.2(c) shall be revised to change "National Electrical Code" reference to "California Electrical Code." 8. Section 8.03.030 shall be revised to change "Section 310-5 of the Uniform Electrical Code" reference to "Article 310.5 of the California Electrical Code." 10. Section 8.03.040 shall be revised to change "The following shall be added as a new article to Chapter 8 of the National Electrical Code" reference to "The following shall be added as new articles to Chapter 8 of the California Electrical Code." 11. Section 8.03.040, shall be revised to change: "840-1 " references to "840.1;" 4. . 6 and "840-2" references to "840.2." 12. Section 8.03.040 shall be revised to change "The following shall be added as a new article to Chapter 8 of the National Electrical Code" reference to "The following shall be added as new articles to Chapter 8 of the California Electrical Code." 13. Chapter 8.14 shall be added as follows: "Chapter 8.14 ENERGY CODE 8.14.010 Adoption of the California Energy Code Certain documents marked and designated as the "2005 California Energy Code," published by the California Building Standards Commission, are adopted to make businesses, homes, and appliances more energy efficient through the development and implementation of energy efficiency building standards. Each and all of the regulations, provisions, conditions, and terms of such "2005 California Energy Code," published by the California Building Standards Commission, on file in the building and safety department, are referred to and made a part of this code as if fully set out in this chapter. 8.14.020 Modification of certain parts of the California Energy Code Pursuant to 2001 California Building Standards Administrative Code, Section 10-106, the effective date of the 2005 California Energy Code shall be revised from "October 1, 2005" to "August 1, 2005."" No Changes to the Remainder of Title 8 7 COUNCIL/RDA MEETING DATE: May 17, 2005 ITEM TITLE: Consideration of Consolidating the Community Services and Cultural Arts Commissions RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The estimated cost to the City for the Community Services and Cultural Arts Commissions is $23,445 per year. The cost breakdown is included in the body of this report. Should the Commissions be consolidated, the cost savings is estimated at $12,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the May 3, 2005 City Council meeting, the City Council directed staff to provide information for City Council consideration regarding the combining of the Community Services and Cultural Arts Commissions. The City Council expressed concern that perhaps the two commissions were duplicating efforts in the arena of providing programs for the community. The City Council also directed staff to notify both Commissions that this item was being considered and to be provided a copy of the staff report. The Community Services Commission met on May 9 and was informed of the City Council's discussion. The members of the Community Services Commission discussed the past history of the Commissions and did not express concern regarding the possibility of consolidating the Commissions. They did, however, express a �n� concern that they, as Community Services Commissioners, may not have the expertise to select public art pieces. The Cultural Arts Commission met on May 12 and also discussed the possibility of consolidating the two Commissions. They expressed concern that the cultural programs offered in the past (such as Concert Under the Stars and Artist Partnership Day) would be discontinued if the Commissions were consolidated. Another concern of the Cultural Arts Commission is that the newly formed Commission would not be interested in the public art program and that the City Council would select the art pieces. One available option, with regard to the first concern, would be to include the existing cultural programs as part of the newly formed Commission's work plan. The Community Services Department staff will continue to offer cultural programs such as Concert Under the Stars in the future due to the success of the program, even if the Commission does not identify the program as one that they would support in their work plan. With regard to the second concern, a possible alternative would be to form an Ad Hoc Committee to review the applications for Art in Public Places prior to City Council consideration. History At the March 19, 1996, June 4, 1996, January 1997 and January 20, 1998 City Council meetings, the City Council reviewed the structure and operations of the City's various Commissions, Boards and Committees. Based upon these reviews, the City Council found that the functions of the Commissions could be streamlined by consolidating those Commissions that had like functions. At the February 171 1998 Council meeting, the Human Services and Parks and Recreation Commissions were consolidated to form the five -member Community Services Commission. Attachment 1 provides La Quinta Municipal Code Chapter 2.95 which outlines the powers and duties of the Community Services Commission. At the May 5, 1998 Council meeting, Art in Public Places and Cultural Commissions were consolidated to form the five -member Cultural Arts Commission. Attachment 2 provides La Quinta Municipal Code Chapter 2.75 which outlines the powers and duties of the Cultural Arts Commission. In addition, the Cultural Arts Commission also reviews Art in Public Places applications and makes recommendations for City Council consideration regarding the purchase and placement of public art. The City Council could consider consolidating this function along with both Commissions and the Art in Public Places Ordinance could identify the newly formed Commission as responsible for that task. n 02 The City Council may also consider forming a separate Ad Hoc Committee that would meet on an "as needed" basis to review the Art in Public Places applications submitted by developers. During Fiscal Year 2004-05, the Cultural Arts Commission reviewed three applications for public art. The art pieces considered were the placement of the Path of the Bighorn sculptures, Point Happy and Solitude modifications and the Old Town Mural project. Power and Duties The following chart outlines the functions of both the Community Services and Cultural Arts Commissions as identified in the La Quinta Municipal Code in comparison to one another with subsections of the Code quoted next to each duty: Powers and Duties Community Services Cultural Arts Analysis community programs 2.95.040 (1) 2.75.040 (1) Solicit grants and donations 2.95.040 (2) 2.75.040 (2) Act on City Council direction 2.95.040 (4) 2.75.040 (3) Prepare Master Plans 2.95.040 (3) (1 1) 2.75.040 (1 1) Serve as a public forum 2.95.040 (5) 2.75.040 (0 0) Make recommendations of fees and policies for recreation facilities 2.95.040 (6) Procuring Public Art 2.75.040 (14) Recommendations for programs 2.95.040 ((7) (8) (13) (14) (15) (18) 2.75.040 (4) (5) (8) Public awareness 2.95.040 (9) (17) 2.75.040 (4) Cooperation with other agencies 2.95.040 (12) (16) 2.75.040 (6) (7) Review park standards 2.95.040 (10) Select artists and contracts for art 2.75.040 (9) (12) (15) Develop possible art sites 2.75.040 (13) By comparing both Commission's powers and functions, in addition to acting as an advisory body to the City Council, both Commissions are charged with recommending programs, soliciting public information, increasing public awareness and cooperating with other agencies in the delivery of programs and services. Staffing The Community Services Department provides staffing for both Commissions. The Community Services Commission meets the second Monday of each month and the Cultural Arts Commission meets the second Thursday of each month. The Community Services Director and Community Services Department secretary attend each meeting. The time spent by the Community Services Director on each Commission is estimated to average eight hours each month for a total of 16 hours. The tasks include: preparing the agenda, researching and writing staff reports, collecting various information and attachments, reviewing the final Commission packet, attending the Commission meetings, reviewing draft Commission minutes and final approval of Commission minutes. Using an estimate of $46 per hour for the director's involvement with the monthly Commission meetings, the cost per month for two Commissions is $736. The Community Services Department secretary spends an average of six hours per Commission for a total of 12 hours per month to finalize staff reports, collect various reports such as the monthly department report and financial reports, compiling agenda packets, copying and mailing agenda packets, setting up for the Commission meetings, attending the Commission meetings, preparing draft Commission minutes and finalizing the minutes. In addition, the Community Services Department secretary accrues a minimum of 1-1/2 hours of overtime per meeting and often the overtime can total four hours or more per month. Using an estimate of $25 per hour for the secretary's involvement with the monthly Commission meetings, the cost per month for two Commissions is $400. Materials and Supplies Each Commissioner receives a name badge, business cards and a name plate for the meetings. The cost for these three items is approximately $75 per Commissioner. For fiscal year 2004-05, the Community Services Department ordered seven sets of name badges, business cards and name plates for new Commissioners for an estimated total of $525. Between the two Commissions, the Community Services Department mails out 10 agenda packets per month. The estimated monthly cost of postage for all agenda packets is $15. The cost of copying is estimated at $9 per month for both Commissions. Monthly Stipend Each Commissioner receives $75 per meeting that they attend. The City issued $6,150 in stipends to the Community Services and Cultural Arts Commissioners from July 2004 to May 2005. However, the maximum amount budgeted each year for both Commissions is $9,000 to accommodate 12 meetings by 10 Commissioners at $75 each. To recap the costs associated with the Community Services and Cultural Arts Commissions with five members each: Cost Associated with Commissions Monthly Cost Annual Cost Community Services Director $736 $ 8,832 Secretary $400 $ 4,800 Name badges and cards $ 525 Mailing of agendas $15 $ 180 Postage $ 9 $ 108 Stipends $750 $ 9,000 Total $23,445 During the May 3, 2005 meeting, the City Council discussed the possibility of a newly formed seven -member Commission that would eventually be reduced to five members through attrition of members. Attachment 3 provides a current listing of the members of the Community Services and Cultural Arts Commissions, along with their appointment date and attendance at the meetings held during fiscal year 2004-05. Currently, of the existing Commission positions, two Cultural Arts Commission seats are up for reappointment, those being Elaine Reynolds and Else Loudon. The Community Services Commission has two seats up for reappointment currently held by Bob Leidner and one vacant seat due to the resignation of Jack Fleck earlier this month. There is also an unexpired term vacant due to the resignation of Charlene Lane. There are a total of five Commission seats that would need to be filled should the City Council wish to continue with two five -member Commissions. Should the City Council consolidate the Community Services and Cultural Arts Commissions, the La Quinta Municipal Code section would be modified to reflect the change and brought back for City Council approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Direct staff to provide an ordinance change consolidating the Community Services and Cultural Arts Commissions into one Commission to include the review of the public art applications; or 2. Direct staff to provide an ordinance change consolidating the Community Services and Cultural Arts Commissions into one Commission and to include the formation of an ad hoc committee to review public art applications; or 3. Provide staff with alternative direction. �31 Respectfully ?ubmitted, munity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. LQMC Chapter 2.75 2. LQMC Chapter 2.95 3. Commissioner Attendance Sheet 0G ;hapter 2.75 CULTURAL ARTS COMMISSION ATTACHMENT 1 'f La Quinta California Municipal Code R up << Previous >> Next - Collapse ? Search Chester 2.75 CULTURAL ARTS COMMISSION �µ _ . w_-----,._W 2.75.010 Created --Defined. The cultural arts commission is created and established. The term commission, as used in this chapter, shall refer to the cultural arts commission. (Ord. 317 § 9 (part), 1998) 2.75.020 Purpose and objectives. _....._._.__...._,..._........ _ ,,.._,w , ___.._ ........ .._._.. .. _..,_ ._.............. ... ... _ .............__................... ........ ........ The general purpose of the commission is to advise the city council with respect to the city's development of cultural arts, including cultural events and activities; promoting the literary, performing and visual arts. The commission shall also maintain and implement the art in public places plan subject to approval of the city council. Objectives of the commission are as follows: A. To advise the city, council on matters affecting the cultural art of the city and to advise and assist other city boards, committees and commissions in the field of the arts, and to cooperate and work with cultural art organizations; B. To encourage and facilitate programs in the arts thereby promoting cultural enrichment of the community; C. Cultural arts as used in this section may involve cultural and arts -related disciplines and activities, including, but not limited to, the following: 1. Performing arts, such as drama, music and dance; 2. Visual arts, such as painting, sculpture, photography, graphics, video art, applied art and public art; 3. Literary arts, such as literature, poetry and journalism; 4. Communications arts involving film, television, radio and technology; and 5. Recommending funding opportunities, such as conducting fundraisers, and contacting representatives of public and privat( funding agencies and art patrons. (Ord. 317 § 9 (part), 1998) 2.75.030 Members--Appointments--Terms. A. The commission shall consist of five members appointed by the city council. Parties interested in serving on this commission shall exhibit expertise, experience, knowledge or similar assets that may be useful in serving on this commission. B. Every effort will be made to ensure that a wide cross-section of community residents, artists, social and cultural interests, and viewpoints, including providers, recipients and professionally -related occupations are represented. Membership may include representation from all organized social, cultural, and similar community organizations of La Quinta, both public and private. C. Member terms shall be for a period of two years. Initial appointments shall be staggered with three members having one- year terms, and four members having two-year terms. (Ord. 343 § 1, 2000; Ord. 317 § 9 (part), 1998) 2.75.040 Powers and duties. The powers and duties of the cultural arts commission shall be advisory to the city council in the following areas: A. General Duties: 1. Analyze city cultural arts programs' effectiveness and needs, and recommend to the city council comprehensive solutions; 2. Make recommendations for research and solicitation of grants and donations; 3. Receive and act on all assignments made by the city council, and submit reports and recommendations to the city council on these assignments; 4. Make recommendations to the city council concerning the resources and needs of the community on the subject of the arts, opportunities for participation of artists and performers in city -sponsored activities, and ways to encourage community involvement; 5. Make recommendations to the city council regarding the funding of community art events and. activities, including the search for private and public grants, and regarding the disbursement of revenues consistent with the needs of the community; r"I i://www.codemanage.com/laquinta/index.php?topic=2-2_75&expand=I �/10/200: � �Q � )3 ,hapter 2.75 CULTURAL ARTS COMMISSION Page 2 of,' 6. Work cooperatively with city boards, commissions and committees, and other public and private organizations in promoting art and cultural activities within the city; 7. Encourage public and private partnerships; 8. Encourage art and cultural activities among residents of the city; 9. Implement such art and cultural activities as may be delegated to it from time to time by the city council, including the selection of artists for art programs and projects, and the award of contracts for art projects and programs; 10. Develop public art awareness through the presentations of speakers, forums, mixers and special events; 11. Maintain and implement the art in public places plan subject to approval by the city council. To the extent possible, the plan shall identify art sites, artwork and estimates of cost for the artwork and art sites; 12. The commission will submit to the city council a recommendation for ratification of public art to be financed by the art in public places program; 13. The commission will work with city staff to develop a list of possible public art sites; 14. The commission will seek ways of procuring public art through fees, endowments, donations, loan programs, trusts and similar means of support; and 15. The commission will make recommendations to the city council for the commissioning of artworks, the purchase or lease of art sites, agreements for the purchase and display of artwork, or the repair, maintenance or servicing of artwork. (Ord. 317 § 9 (part), 1998) 2.75.050 Committees._ _ _ _____..__M.._.__ The commission may, from time to time, establish committees composed of commission members, citizens and/or interested people, charged with the responsibility of implementing certain designated projects subject to commission and city council approval. At least one member of the commission shall also be a member of each committee. (Ord. 317 § 9 (part), 1998) 2.75.060 Staffing. A. All departments of the city, through the office of the city manager, shall furnish appropriate existing public information, data and records, and provide technical assistance and advice as required, within reason, as an aid to the commission and its committees in the performance of designated duties. B. The city manager shall, within reason or budgetary constraints, provide or cause to be provided adequate staff and clerics help, and maintain files and records for the commission. C. The city council shall periodically review the progress of the commission. (Ord. 317 § 9 (part), 1998) f ittp://www.codemanage.com/laquinta/index.php?topic=2-2_75&expand=l 40/200: �hapter 2.95 COMMUNITY SERVICES COMMISSION ATTACHMENT ' 2 La Quinta California Municipal Code A Up <t Previous » Next - Collapse ? Search Chapterr2.95 COMMUNITY SERVICES COMMISSION w ., µ x 2.95.010 Created --Defined. mm The community services commission is created and established. The term commission, as used in this chapter, shall refer to the community services commission. (Ord. 316 § 2 (part), 1998) 2.95.020 Purpose and objectives. _......_ .. _... _ ....... __...... __...._._._......._._. .. _ _....... _ ...., .......... _ ........ ....... ........ ........... _ The general purpose of the commission is to encourage the development of a planned and orderly approach to the delivery of leisure and community services in the city. Objectives of the commission are as follows: A. To serve in an advisory capacity to the city council to identify community needs for recreation and social services; B. To serve in an advisory capacity to the city council on all matters pertaining to community services and public recreation, including the management, conduct, care and development of the parks and playgrounds in the city. (Ord. 316 § 2 (part), 1998) ms.5.030 Me 2.9mbers--Appointments--Ter _..., _._.._.._.._., _........ __._. _.._..... _._ ..... _._ ....____.___. _...__ . _._.. A. The commission shall consist of five members appointed by the city council. Parties interested in serving on this commission shall exhibit expertise, experience, or knowledge, or similar assets that may be useful in serving on this commission. B. Every effort will be made to ensure that a wide cross-section of community residents, interests and viewpoints, including providers, recipients and professionally -related occupations are represented. Community service organizations, public and private, such as law enforcement, recreation, public health, gang prevention, child care, and senior services, for example, may be represented. C. Member terms shall be for a period of two years. Initial appointments shall be staggered with three members having one- year terms, and four members having two-year terms. (Ord. 343 § 21 2000; Ord. 316 § 2 (part), 1998) 2.95.040 Powers and duties. The powers and duties of the community services commission shall be advisory to the city council in the following areas: A. General Duties: 1. Analyze community services' program effectiveness and needs, and recommend comprehensive solutions; 2. Make recommendations to the city council for research and solicitation of grants and donations; 3. Prepare and maintain community services master plans; 4. Receive and act on all assignments made by the city council, and submit reports and recommendations to the city council on these assignments; 5. Serve as a public forum and conduct public hearings for recreation and human service concerns; 6. Make recommendations to the city council on fees and operations and policies regarding parks and recreation facilities; 7. Make recommendations to the city council on parks and recreation facilities and program budget issues; 8. Propose recreation and social programs; 9. Make recommendations to the city council on how to disseminate, publicize and promote recreation programs to the citizens of La Quinta; 10. Review parks' maintenance standards and quality; 11. Review individual park master plans for recommendation to city council; 12. Aid in coordinating the recreation services of other governmental agencies and volunteer organizations; 13. Make recommendations to the city council on community issues; 14. Make recommendations to the city council relating to the need for evaluation and planning of the community service delivery system; [ttp://www.codemanage.com/laquinta/index.php?topic=2-2_95 &expand=1 J 4/10/200: ;hapter 2.95 COMMUNITY SERVICES COMMISSION Page 2 of 15. Recommend to the city council and upon authorization conduct such programs as, in the opinion of the commission, will increase goodwill and participation among residents of the community; 16. Encourage and promote understanding and cooperation between the public safety agencies and the residents; 17. Foster mutual understanding and respect among racial, religious, cultural and nationality groups; and •18. Evaluate and make recommendations concerning existing services with regard to service overlap or gaps. (Ord. 316 § 2 (part), 1998) 2.95.050 Committees. The commission may, from time to time, establish committees composed of commission members, citizens and/or interested people, charged with the responsibility of implementing certain designated projects subject to commission and city council approval. At least one member of the commission shall also be a member of each committee. (Ord. 316 § 2 (part), 1998) 2.95.060 Staffing. A. All departments of the city, .through the office of the city manager, shall furnish appropriate existing public information, data and records, and provide technical assistance and advice as required, within reason, as an aid to the commission and its committees in the performance of designated duties. B. The city manager shall, within reason or budgetary constraints, provide or cause to be provided adequate staff, clerical help, and maintain files and records for the commission. C. The city council shall periodically review the progress of the commission. 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FISCAL IMPLICATIONS: None associated with this Study Session. Based on the latest year-end report, the City of La Quinta's contribution to the Palm Springs Desert Resorts Convention and Visitors Authority (CVA) for year ending December 31, 2003 was $481,261 .21 (Attachment 1). Annual contributions are based on transient occupancy tax (TOT) projections and a specified CVA formula. Currently, TOT earned by the City is calculated at 11 % of all taxable gross hotel room rentals for convention hotels (with conference facilities) and at 10% for non -convention hotels. The CVA receives a portion of these TOT funds based upon a formula discussed under the Background and Overview Section. The City makes four estimated payments during the year and then receives or makes a final reconciliation payment to arrive at the agreed upon amount. The next reconciliation process for the CVA year ending December 31, 2004 is scheduled for July of this year after the CVA audit is complete and the final TOT amounts for each jurisdiction are determined. CHARTER CITY IMPLICATIONS: None. 2?9 BACKGROUND AND OVERVIEW: On May 3, 2005, the City Council briefly discussed the CVA under Mayor's and Council Members' Items. Questions surfaced regarding the City of La Quinta's contribution to the CVA and the returns on that contribution. Council Member Henderson, the Council's representative on the CVA, provided a brief history and update. A general consensus emerged that a review of the CVA's Joint Powers Agreement was desirable and appropriate in order to allow more in-depth discussion. By way of background, staff is providing the Council with copies of the CVA's Joint Powers Agreement (JPA) and Bylaws which were first approved in 1989, the same year the CVA was formed (Attachment 2). Among other things, the JPA establishes the CVA's purpose: "...to jointly encourage, promote ... all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors to the area from the world-wide market, all to the benefit of the member organizations and their citizens." It also establishes a two -tiered formula by which each member organization contributes to the CVA via transient occupancy tax (TOT). Currently, the formula used to calculate CVA contributions is as follows: .6% of TOT for non - convention hotels, and 1.4% of TOT for convention hotels (i.e., hotels that have a minimum of 125 rooms, meeting space for 125, and existing group sales personnel). The formula is applied to the TOT projections prepared every year for budget purposes. Subsequently, an estimated CVA contribution is included in the annual budget for Council consideration. Staff contacted the La Quinta Resort & Club, as a key stake holder, regarding its working relationship with the CVA. In response to the inquiry, the Resort issued a letter to the Mayor dated May 6, 2005 summarizing some of the benefits the Resort receives from the CVA (Attachment 3). A representative from the Resort indicated they received several calls from "other sources" intimating that the City of La Quinta was "looking at pulling away from the CVA." Staff issued a letter in response advising that the City Council had not given staff such direction (Attachment 4). Staff also contacted the CVA and consulted with Gary Sherwin, Vice President of Market Development. The CVA submitted a summary of their 2005 Budget (Attachment 5), which is approximately $5.434 million with an approximate breakdown as follows: Advertising: $1.629 million; Personnel: $3.038 million; Capital Expenditures: $356,000; Other Expenses: $41 1,000. Mr. Sherwin encapsulated the CVA's charge as a global marketing effort to entice people to pick this region and not the competition... markets like San Diego, Las Vegas, and Phoenix/Scottsdale. He also advised that the La Quinta Resort & Club takes advantage of numerous CVA programs and referrals, and leverages their advertising efforts, for example, in the Los Angeles Times. Mr. Sherwin is prepared to share other information with the City such as the CVA's goals and a list of business leads for La Quinta. However, such information is not part of this staff report due to time constraints. 2.40 2 As a final piece of correspondence, staff is including a letter of support from Judy Vossler, Vice President of Landmark (Attachment 6). Ms. Vossler prepared the letter as golf course operator of the Arnold Palmer Classic Course at SilverRock and active (non -voting) member of the CVA's JPA. The La Quinta Resort & Club and CVA have been advised of this meeting and Study Session. Both have indicated they will have representatives present. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. CVA Year -End 2003 TOT Recap 2. CVA Joint Powers Agreement and Bylaws 3. Letter from the La Quinta Resort & Club dated May 6, 2005 4. Response letter to Resort dated May 9, 2005 5. Summary of CVA 2005 Budget 6. Letter from Judy Vossler dated May 10, 2005 � �1 3 PALM SPRINGS DESERT RESORTS® CONVENTION AND VISITORS AUTHORITY July 2, 2004 John Falconer Director of Finance City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Attachment 1 FL L 12 2004 oFunun�ra The Desert Resort Communities of RIVERSIDE COUNTY: RE: Year-end 2003 TOT Recap CATHEDRAL CITY Dear John: DESERT HOT SPRINGS INDIAN WELLS As a result of our annual audit for the year ending December 31, 2003, I have INDIO reconciled the actual TOT earned by the CVA to the TOT amounts paid by your city to the CVA during the 2003 calendar year. A TOT reconciliation LA QLUTA worksheet is attached for your review. PALM DESERT PALM SPRINGS This reconciliation is based on the information your city provided our auditors, the firm of Maryanov Madsen Gordon & Campbell, CPA's, during RANCHO MIRAGE the confirmation process of our audit. I'd like to thank you for your cooperation with our auditors, as well as, for your continued support of the CVA. 69-930 Highway 111, Suite 201 Rancho Mirage, CA 92270 760-770-9000 •800-967-3767 FAx 760-770-9001 palmspringsusaxom Washington, DC Sales Office 515 King St, Suite 315 Alexandria, VA 22314 703-549-8026 FAx 703-519-7579 A check in the amount of $38,738.79 is enclosed with this letter. If you have any questions or concerns, please do not hesitate to call me at (760) 770-9000, Ext. 1306. Sincerely, Henry E. Bola -nos Director of Accounting and Administration Palm Springs Desert Resorts Convention and Visitors Authority Hbolanos@PaImSpringsUSA.com Enclosure: Year-end TOT Reconciliation Worksheet o 4 C. 4 Palm Springs Desert Resorts CVA Year-end TOT Reconciliation Worksheet As of December 31, 2003 City: La Quinta Gross Transient Occupancy Tax (TOT) earned by the City: Convention 3,578,903.80 Non -Convention 429,406.11 Total 4,008,309.91 TOT rates in effect: Convention 11.00% Non -Convention 10.00% Funding Formula: Convention 1.40% Non -Convention 0.60% Total 2003 TOT Funding: " Convention 455,496.85 Non -Convention 25,764.37 Total 481,261.21 Amount billed during 2003: 520,000.00 Amount (Due to) / Due from City (38,738.79) 35 PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY The Desert Resort Communities of ftwside County: CATHEDRAL CITY DESERT HOT SPRINGS INDIAN WELLS INDIO LA QUINTA PALM DESERT PALM SPRINGS RANCHO MIRAGE 69-930 HWY 111, SUITE 201 RANCHO MIRAGE, CA 92270 760-770-9000 760-770-9001 FAX 800-967-3767 www.PalmSpringsUSA.com WASHINGTON, D.C. SALES OFFICE 115 NORTH FAIRFAX ST., SUITE 300 ALEXANDRIA, VA 22314 703-549-8026 703-519-7579 FAX Attachment 2 JUN 3 Vk WLA c iN A PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY JOINT POWERS AGREEMENT Last Amended July 30, 2001 2e4 6 1�ffftr of n � MIR at's ill C,t IFOItM�' Shit Iiil *Y4e/Wo4V AMENDMENT TO A JOINT POWERS AGREEMENT (Government Code Section 6503.5 or 6503.7) Instructions: I. Complete and mail to: Secretary of State, P.O. Box 944225, Sacramento, CA 94244-2250 (916) 653-3984 2. Include filing fee of $rr.@8: # l.Qo. 3. Do not include attachments. mtheofFILED of the State of d 11 mia e JUL 3 0 2001 BILLJONESs tart' or State (Office Use Only) Date of filing initial notice with the Secretary of State: May 19, 1989 File number of initial notice: 963 Name of Joint Powers agreement: Palm. Springs Desert Resorts Convention and VisitorR R„rPa„ Mailing Address: 69930 Hwy. 111, Suite 201, Rancho Mirage, CA 9227*0 Complete one or more boxes below. The agreement has been amended to: [ ] Change the parties to the agreement as follows: [XX] Change the name of the administering agency or entity as follows: _Palm.Springs Desert Resorts Convention and Visitors Authority [ ] Change the purpose of the agreement or the powers to be exercised as follows: [ ] Change the short title of the agreement as follows: [ ]" Make other changes to -the agreement as follows: T- -Signature rco. Terri Milton, Recordin Typed Name and Title Sec/Statc Form LP/SF-404A Rev. 8/95 o45 s a. S�FI OF Th (Aftforala, ,tat?off 2 As O r �w #FOP", �Trrrlaq of �fafr AMENDMENT TO A JOINT POWERS AGREEMENT (Government Code Section 6503.5 or 6503.7) Instructions: 1. Complete and mail to: Secretary of State, P.O. Box 944225, Sacramento, CA 94244-2250 (916) 653-3984 2. Include filing fee of $5.00. 3. Do not include attachments. FILE NO. 9, (� 2,_ FILED In the office of the Secretary of State of the State of California JA 4 < 1996 BILL JOHIES, Se I e ;y Of State Use Date of filing initial notice with the Secretary of State: May 19, 1989 File number of initial -notice: 963 N„d Name of Joint Powers agreement: Palm Springs Desert Resorts Convention 4 Visitors Bureau Mailing Address: 69930 Hwy, 111, Suite 201, Rancho Mirage, CA 92270 Complete one or more boxes below. The agreement has been amended to: [ X] Change the parties to the agreement as follows: Cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, to Ouinta, Palm Desert, Palm Springs and Rancho Mirage and that portion of Riverside County located within the _.Coachella Valley [ ] Change the name of the administering agency or entity as follows: [ ] Change the purpose of the agreement or the powers to be exercised as follows: [ ] Change the short title of the agreement as follows: [XX] Make other changes to the agreement as follows: Change from fiscal to calendar year of operati o5 r change voting privlidges of County representative and add provision for an Inactive member. Signature Terri M. Woolston Recording Secretary Typed Name and Title Sec/State Form LP/SF-404A Rev. 4/95 �.AU I sE}� ar ri Cost Tall r J . �arr4 YI72i13 �^,1� �•crso��`► �PtZP�c-iZ13. II� �f3�P AMENDMENT TO A JOINT POWERS AGREEYIEINT (Government Code Section 6503.5 or 6503.7) Instructions: 1• Complete and mail to: Secretary of State, P.O. Box 944225, Sacramento, CA 94244-2250 (916) 324-6778 9 Include filing fee of $5.00. FILE NO. 7/ Fit..EO in *0 otFim of Abe Socn0ary of State of f6 sty a f,.alffiw+o 4TAUG 3 1%& -EMUR.na of fate (Office Use Only) Date of filing initial notice with the Secretary df. State: May 19, 1989 File number of initial notice: 963 Name of joint Powers Agency: PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS BUREAU Mailing Address: 69-930 Highway -111, Suite 201, Rancho Mirage, California 92270 Complete one or more boxes below. The agreement has been amended to: Q(X ] Change the parties to the agreement as follows: Deleting the City of Desert Hot Springs [ ] Change the name of the administering follows: [ ] Change the purpose of the agreement or the powers to be exercised as follows: [ ] Change the short title of the agreement as follows: [ XXJ vlake other changes to the agreement as follows: ARTICLE I. Definitions, Pages 1-3; ARTICLE X, Designation of Treasurer and Auditor, Pages 8-10; ARTICLE XI, Contributions, page 11; ARTICLE XIII, Withdrawal o Mem er Or an'zation; Pages _. Date: AuQ 13 - 199-1 ' . - Si ri ie Terri M. Woolston, Recording Secretary Typed Name and Title 4 s5fatr of Calif ornia Marro Yjaug Eu -§Prrrtar!j of &tatr AMENDMENT TO A JOINT POWERS AGREEMENT (Government Code Section 6503.5 or 6503.7) Instructions: 1. Complete and mail to: Secretary of State, P.O. Box 704, Sacramento, CA 95812-0704 (916) 324-6778 2. Include filing fee of $5.00. 3. Do not include attachments. FILE NO. - - 5 133 In llha oi?ice of tho JOCi ".'tCi�j� of State of tho Stain of California A U G 2 2 9! "eu e: INIMM, MN.G EU, Secretary :[ State (Office Use Only) Date of filing initial notice with the Secretary of State: May 19, 1989 File number of initial notice: 963 Name of joint Powers agreement: JOINT POWERS AGREEMENT Creating the Palm Springs Desert Resorts Convention and Visitors Bureau Mailing Address: The Atrium Design Center, 69-930 Highway 111, Suite 201 Rancho Mirage, California 2270 Complete one or more boxes below. The agreement has been amended to: [XX] Change the parties to the agreement as follows: ARTICLE I I 1, 1 i ne 23 to i ncl ude: "A ci ty that qualifies as a member organization (ARTICLE I), has signed the Joint Powers Agree and has made the prescribed contribution to the Bureau ma become an active memb a two- hir s 2 vo e -F the entire a bersh'p f th Executive Committee.an ubse ent ra f c�a on.tb �hfe overnin �o� o a?l active member organization q o the aministL�rin anc or ent4it as ollsows: [] C ange tie name g g y y 4,. . [X X] Change the purpose of theagreement o ' . 4' tZ? a exercised as follows: ARTICLE TX , Page 7 line 2 to read: "Business Counc1 d of 17 private and -associate members for three year staggered terms." [ ] Change the short title of the agreement as follows: [XX] Make of er�change to the agreement as follows: ARTICLE XI , CONTRIBUTIONS, Page 10, 1 i ne 3 to read: for tTIe quarter starting si x 6 months prior to the current quarter of lodginq..." AND line 8 to read," organizations shall be $10,000 annually or 0.55% of said sales, whichever is..." Signature ` Terri M. Woolston, Recording Secretary Typed Name and Title �nt- on p�; q 10 I` Sec/State Form LP/SB-404A Rev. 2/88 � �! '� .L OF t ....., .4ttf�e� f�ttlt�arnttt w arr4 Yung En §rcrrtary of Rutz NOTICE OF A JOINT POWERS AGREEMENT (Government Code Section 6503.5 or 6503.7) FILE NO. FILED In the office of the Serratory of State Of the Sk is of California MAY 19 1989 Instructions: 1. Complete and mail to: Secretary of State, FONG fU,"$�we�brrylif State P.O. Box 704, Sacramento, CA 95812-0704 (916) 324-6778 2. Include filing fee. of $5.00. (Office Use Only) 3. Do not include attachments, unless otherwise specified. The name of the agency or entity created under the agreement and responsible for the administration of. the agreement is: Palm Springs Desert Resorts Convention and Visitors Bureau Mailing address: Airport Park Plaza, 255 N. El Cielo Road, Palm Springs., CA 92262 Provide a short title of the agreement if applicable: .JOINT POWERS AGREEM= Creatincr the Palm Springs Desert Resorts Convention and Visitors Bureau The public agencies party to the agreement are: (1) City of Cathedral City (4) City- of La On inta (7) City of Ranch Mirage (2) City of Indian Wells (5) City of Palmg rt,� (3) City of Indio �s- i of Palm Sprin s if more space is needed, continue on a se ttach it to this form. The effective date of the agreement is: Feb 1989 Provide a condensed statement of the agreement's purpose or the powers to be exercised: This Aareement is entered into by the member organizations, as parties hereto, to jointly encourage, pr , extent possible, all aspects of the hospitality, convention and to industry in thme=ke t, to the benefit of the member organizations and their c' Signature NICHAM E . FIFE Executive nirector Typed Name and Title S'c /Stcrt' Fnrm LP /SR-A0A Ro-v 7/RR 49 1 r PALM SPRINGS CONVENTION AND. VISITORS BUREAU DESERT RESORTS PALM SPRINGS DESERT RESORTS T&. Y"4-Ro"I" Rix JOINT POWERS AGREEMENT Cathedral Gry Indian Wells Indio La Quinta C O N V E N T I O N A N D V I S I T O R S B U R E A U T H E A T R i U M 69.930 HWY 111. SUITE 201 RANCHO MIRAGE. CA 92270 6 1 9- 7 7 0- 9 0 0 0 6 1 9 7 7 0- 9 0 0 1 F A X 8 0 0- 9 6 R E S O R T S W A S H I N G T O N, D. C. 5 A L E 5 O F F I C E 421 KING ST.. 5 U I T E 222 A LEXANDRIA. VA 22314 7 0 3- 5 4 9- 8 0 2 6 7 0 3 - S 4 9- 4 7 4 9 F.A X Revised July 14, 1995 Approved (11c,. , 1995 12 1. 2 3 4 5 6 7 s 9 10 12 13 14 is 16 17 1s 19 20 21 22 23 24 25 26 July 10, 1995 Amendment Proposed JOINT POWERS AUTHORITY CREATING THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS BUREAU Acting pursuant to Article I, Chapter 5, Division 7, Title 1 of the California Government Code (Section 6500 et seq.), the parties signatory to this agreement, as listed in Appendix A attached hereto, hereby join together and agree as follows: ARTICLE I - DEFINITIONS Active e . A member organization as defined below. Associate Member. Associate Members shall be a non -governmental entity whose business and activities are related to the convention or tourism industry, for the purposes of this agreement, but whose place of business is not within the boundaries of a governmental agency which is eligible to become a member or an inactive member of the Bureau. Executive Committee. The governing body of the Palm Springs Desert Resorts Convention and Visitors Bureau, formed pursuant to Article VIII of this Joint Powers Agreement. Calendar Year. The alendar year for the Palm Springs Desert Resorts Convention and Visitors Bureau shall commence Januarl of every year and end December 31 of the same year. Funding Formula. A method of computing revenues to be paid to the Bureau by member organizations based on gross hotel room sales generated, as stated in Article XI, and as illustrated in Exhibit A. The definition of a "Convention Meeting Hotel" is contained in Exhibit B. 13 i 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 24 21 22 23 24 25 26 Hospitality Industil and Business Council. An advisory body comprised of 17 private or associate members appointed by the Executive Committee. Inactive Member. A member organization which has given notice of withdrawal pursuant to Article XIII of this agreement and thereafter is not eligible for continued representation on the Executive Committee. Member Organization. A city in the Coachella Valley or Riverside County Government. which has signed the Joint Powers Agreement, has made the prescribed contribution to the Bureau and has not given notice of withdrawal all references to "member" (unless otherwise modified), "active member" or "active city member" shall mean a member organization. Private Member. A private member shall be a non -governmental entity whose place of business is within the jurisdiction of an active governmental member organization and whose business and activities are directly related to the convention or tourism industry and the purposes of this agreement. Jechmical Advisory Committee. A committee comprised of one city manager/administrator from each member organization, with the function of advising on all matters which come before the Executive Committee. ARTICLE II PURPOSE This Agreement is entered into the by the public member organizations, as parties hereto, to jointly encourage, promote, and to do such other things as might be -necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors to the area from a world-wide market, all to the benefit of the member organizations and their citizens. 14 Y 1 2 3. 4 5 6 7 8 9 to . 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ARTICLE III PARTIES TO AGREEMENT Each member organization, as a party to this Agreement, hereby agrees and contracts with each and every other member organization as parties to this Agreement, together with such other organizations as may hereafter be added as parties to this agreement, to abide by the terms of this agreement as hereinafter setforth. Each member organization also agrees that withdrawal of any party from this Agreement shall not affect this Agreement as to those member organizations then remaining. , ARTICLE IV TERM This Agreement shall become effective February 1, 1989, or as soon thereafter as it is approved and executed by three or more member organizations, and shall continue to full force and effect until terminated as herein provided. ARTICLE V CREATION OF CONVENTION AND VISITORS BUREAU In order to most effectively achieve the purposes and goals of this Agreement, there is hereby created a public entity, separate and apart from the parties hereto, to be known as the Palm Springs Desert Resorts Convention and Visitors Bureau. ARTICLE VI POWERS OF THE BUREAU. The Bureau shall have all of the powers common to its member organizations and is authorized, in its own name, to make and enter contracts, to employ agents and employees, to acquire, ' 253 15 I construct, manage, maintain or operate any building, works or improvements, to acquire, hold, or 2 dispose of property, and to incur debts, liabilities, or obligations. The Bureau shall have the 3 power to sue and be sued in its own name. The Bureau may receive and use contributions and 4 advances from member organizations pursuant to Government Code Section 6504, including 5 contributions or advances of personnel, equipment, or property. It may invest any money in its 6 treasury, not required for its immediate necessities, pursuant to Government Code Section . 7 6509.5. The Bureau may do such other things as are necessary to carry out the purposes and s achieve the objectives of this Agreement. These powers shall be exercised by the Bureau 9 pursuant to the terms hereof and as provided. by law. 10 11 ARTICLE VII 12 OBLIGATIONS OF THE BUREAU 13 The debts, liabilities, and obligations of the Bureau shall be the sole responsibility of the Bureau 14 and shall not become the debts, liabilities, or obligations of the member organizations or any one 15 of them except that a member organization may separately contract for, or assume responsibility 16 for specific debts, liabilities, or obligations of the Bureau. 17 is ARTICLE VIII 19 EXECUTIVE COMMITTEE 20. The Bureau shall be governed by an Executive Committee comprised of elected officials from 21 each active public member organization. Each member organization shall appoint a member of 22 its governing body as member of the Executive Committee, and a second member of its 23 governing body as an alternate member of the Executive Committee. The County of Riverside 24 MY appoint a QQuntxSenior Staff member with full voting rights as the alternate member of the 2s Executive committee. Each member of the Committee shall serve at the pleasure of the 26 16 1 2 3 4 s 6 7 8 9 10. 11 12 13 14 1s. 16 17 -18 19 20 i 21 22 23 24 2s 26 ao� ointing. member organization. When a committee member or alternate committee member is no longer a member of the governing body of the appointing organization, membership on the Executive Committee shall automatically terminate. Any vacancy on the Executive Committee shall be promptly filled by the appointing member organization. ARTICLE IX POWERS AND DUTIES OF EXECUTIVE COMMITTEE The Executive Committee shall exercise all the powers and conduct all the business of the Bureau, either directly or by delegation of authority as the Executive Committee deems appropriate. The Executive Committee shall adopt bylaws to provide for the organization and administration of the Bureau. The bylaws shall be adopted by a majority vote of all the members of the Executive Committee and may thereafter be amended in like manner, except as more restrictive requirements may appear in said bylaws. The Executive Committee shall approve and adopt a budget for the Bureau by November 30th of each year, for the Calendar year beginning January 1 st of each year. The Executive Committee shall appoint a. Hospitality Industry and Business Council comprised of 17 private and associate members for three year staggered terms. - The Executive Committee shall be advised on all matters by a Technical Advisory Committee comprised of one city manager/administrator from each member organization. The Executive Committee shall hire a President who shall be a professional manager to organize all affairs of the Bureau. The Executive Committee may create such other committees as it deems necessary to achieve the purposes and intent of this Agreement as required by law. ARTICLE X DESIGNATION OF TREASURER AND AUDITOR The Executive Committee shall designate a Treasurer and one or more Deputy Treasurers.. The Office of Treasurer may be held by President. 17 1 The Treasurer shall: 2 1. Receive and receipt for, all money of the Bureau and place it in the treasury of the Bureau; 3 2. Be responsible, upon his official bond, for the safekeeping and disbursement of all Bureau 4 money so held by him; 5 3. Pay, when due, out of money of the Bureau so held by him, all sums due from the Bureau, or 6 any portion thereof; submit Warrant Registers to Auditor for review and approval prior to 7 submittal to Executive Committee; submit to auditor payroll registers for monthly review; 8 4. On a monthly basis, verify and report, in wiring to the Executive Committee, the amount .of 9 money he holds for the Bureau, the amount of receipts since his last report and the amount i o paid out since his last report; 11 5. Pursuant to Government code 53646, the Treasurer shall submit monthly and annual reports to 12 the Executive Committee. The Treasurer shall invest idle funds to conform to the provisions 13 of Government Code 53651; 14. 6. Develop and submit for Executive Committee approval, annually, investment policies .15 governing the management of the Bureau's idle funds. ' 16 7. Develop and adhere to Policy and Procedures Manual` as approved by Auditor and Executive 17 Committee; 18 -19 The Treasurer, and such other persons who shall have charge of, handle, or have access to any 20 property of the Bureau shall file an official bond in an amount to be determined by the Executive 21 Committee and sufficient to secure the assets of the Bureau. 22 23 At the close of each Calendar year, the Treasurer shall contract with a Certified Public 24 Accountant or Public Accountant to make an annual audit of the accounts and records the 25 Bureau. The minimum requirements of such audits shall be those prescribed by the State 26 )U 18 1 2 3 4 s 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Controller for special districts under Section 26909 of the Government Code and shall conform to generally -accepted auditing standards. A report of such audit shall be filed as a public record with each member organization and with the County Auditor for the County of Riverside. Such report shall be filed within six months of the end of the Calendar year under examination. The cost of such audit shall be borne by the Bureau. All funds of the Bureau shall be strictly accounted. A member organization may request a report of all receipts and disbursements at anytime. The Executive Committee shall designate appropriate officers of one of its .member organizations to be the Auditor. The Auditor shall: 1. Review and recommend to Executive Committee accounting procedures and policies governing the Joint Powers Authority; 2. Review and approve all demands listed on the Warrant Registers prior to submittal to Executive Committee; Review payroll registers monthly; 3. Review all the financial reports being submitted to Executive Committee and make Executive Committee aware of any discrepancies or potential problems in the reports; 4. Review investments made by President; or Treasurer; 5. Review audit report prepared by Certified Public Accounting firm prior to finalization of report and submittal to Executive Committee; 6. Assist staff in selection of Certified Public Accounting firm; 19 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 ARTICLE XI CONTRIBUTIONS Each member organization shall pay into the treasury of the Bureau, the sum of $2,500, or if it is greater, a sum determined according to a formula determined by the Executive Committee. Such formula shall be reviewed annually and adopted in accordance with Article XVI. The initial formula determined by the Executive Committee is set forth in Exhibit C. ti ARTICLE -XI PRIVATE MEMBERSHIP AND ASSOCIATE MEMBERSHIP. There is hereby established a class of membership designated "Private Member". Private members shall be subject to approval of the Executive Committee which shall set the fee for such member. There is hereby established a class of membership designated "Associate Member". Any business entity that promotes visitors out of the member city jurisdiction can not be an "Associate Member". This includes lodging providers, attractions, restaurants and retail establishments. The rights, duties and obligations of Private Members and Associate Members shall be provided in the bylaws. ARTICLE XIII WITHDRAWAL OF MEMBER ORGANIZATION A member organization may withdraw from participation in this Joint Powers Agreement subject to the following conditions: 1. The effective date of withdrawal shall always be the last day of a Calendar Year; 2. Current annual contribution to the Bureau must be paid in full; 3. Annual contribution for the next following ra year must be paid in the usual manner for such payment. Ian "Active Public Member" withdraws durine the 1995-1996 fiscal year, r? ~ V 20 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 prior to June 1, 1996, the annual contribution for the next following fiscal year must be paid in the usual manner for such payments. 4. Notice of withdrawal must be given not less than thirteen months prior to the effective date of withdrawal. For example, notice must be given prior to_La_au= 1 to effect withdrawal at the end of the next following Calendar Year. Notice given between January Land December 31 shall be effective at the end of the second following ear. 5. After giving notice of withdrawal, a withdrawing member shall not have voting privileges on the Executive Committee except for operating budget items during the next thirteen months. 6. A withdrawing member organization may again become a participating member of this Joint Powers Agreement on condition that it pay to the treasury of the Bureau an amount equal to all contributions which the member- organization would have paid if it had not withdrawn from participation. Private members may remain active members as long as the government entity is a member and during the period of withdrawal from the Joint Powers Agreement. ARTICLE XIV APPROVAL OF NEW MEMBER ORGANIZATION A new member organization must be approved by vote of two-thirds of the entire membership of the Executive Committee and subsequent ratification b the � Q Y governing bodies of two-thirds of the member organizations, provided that a Resolution outlining the jurisdiction, initial contribution and continuingcontribution be approved b both the applicant and two-thirds of the PP Y PP , Executive Committee. APPROVAL OF "INACTIVE MEMBER" ORGANIZATION The City of Desert Hot Springs as an inactive member organization since July 1. 1992 must be appr ved by unanimous vote of the entire membership of the Executive Committee and subsequent u ani - ratification by the governingd' e the member Qrganization. provided ti J 21 1 2 3 4 5 6 7 8 9 10 12 13 14 is 16 17 18 i 19 20 21 22 23 24 25 26 i that a Resolution be aunr� oved, outlining the payment schedule for all contributions which the member Qrganization would have paid if it had not withdrawn from participation current contribution and continuing contribution be approved by both the applicant and by a unanimous vote of the Executive Committee. This provision will ONLY be extended to the City of Desert Hot Springs for a "one -time -only" request for re -admission during the 1995-1996 fiscal year as g2utlined in Resolution No. 5 authorizing said re -admission of the City of Desert Hot Springs. ARTICLE XV CONTRACT SERVICES Nothing in this Agreement shall be deemed to prohibit a member organization from expending additional efforts and resources or contracting with the Bureau or other entities for additional services and benefits similar to those realized from participation in this Agreement. ARTICLE XVI AMENDMENTS TO JOINT POWERS AGREEMENT This Joint Powers Agreement may not be amended except b a .vote of two-thirds of the entire g Y P Y membership of the Executive Committee AND subsequent ratification by the governing bodies of two-thirds of the member organizations, provided further that any amendment of the amount of member contributions, as stated in Article XI, shall require the unanimous vote of the entire active membership of the Executive Committee and subsequent ratification by the governing bodies of all active member organizations. ARTICLE XVII TERMINATION AND DISTRIBUTION OF ASSETS This Agreement may -be -terminated at any time upon election to terminate by the governing 22 1 2 3 4 5 6 7 s 9 to 11 12 ' 13 14 15. 16 17 18 ` a 19 20 21 22 23 24 .25 26 bodies of not less than three -fourths of the member organizations, provided, however, that this Agreement and the Bureau shall continue to exist after such termination for the purpose of disposing of all claims, distributing all assets, and performing all other acts necessary to conclude the affairs of the Bureau. Upon termination, all assets of the Bureau shall be distributed among the member organizations in proportion to their contribution during the term of this Agreement with an offset for any monies owed to the Bureau. ARTICLE XVIII FILING WITH SECRETARY OF STATE Notice of this Agreement, or any amendments to it, shall be filed with the Office of the California Secretary of State within thirty days of its effective date pursuant to Government Codes Section 6503.5. �'�� 23 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year 2 hereinafter specified. 3 a CITY OF CATHEDRAL CITY s 6 DATED: g %-� BY: _ MAYOR 9 ATTEST: APPROVED AS B Riv1: to ,� / � �- • 11 BY: �BY: 12 City .Clerk Ci Attorney 13 14 is 16 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year hereinafter specified. June 6, 1995 by adoption of Resolution No. 95-18, Contract No. 95-16A. CITY OF DESERT HOT SPRINGS DATED: �o - t S BY: .,,.,_.�►._ WIXOR ATTEST: APPROVED AS BY FORM: BY: BY: City City Clerk Attorney 263 25 1 2 3 4. 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year hereinafter specified. CITY OF INDIAN WELLS DATED: October- 2 9 9 5 BY: MAYOR ATTEST: APPROVED AS BY FORM: • �Y: - Qbg 2�c Dep , City Clerk City Attorney t, 4 26 1 2 3 4 5 6 7 8 9 10 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 n�J 27 1 2 3 4 S 6 7 8. 9 10 11 12 13 14. 15 16 17 18 19 20. 21 22 23 24 25 26 �� 6 28 T 1 2 3 4 i 5 6 7 8 9 10 11 12 13 14 15 .16 17 18- 19 20 21 22 23 24 25 26 �) l 29 1 2 3 4 5 6 7 8 9 10 11 .12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 n �= 30 31 l 2 3 4 5 6. 7 8 9 10 11 12 13 14 15 16 17 18 l 19 20 21 22 23 24 25 26 • IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year hereinafter specified. COUNTY "OF RIVERSIDE DATED: - / / 9 BY: Ch an, Board of Supervisors KAY CENICEROS ATTEST: GERALD A. MAL. EY APPROVED AS BY FORM: CLERK of the BOARD OF PE VISORS �'.o+mh of Riverside, a of torttia B BY A. County Attorney 270 32 C to ! i.) M l M a r U �--� CU IsJ U cm U SUBMITTAL TO THE BOARD OF SUPERVISORS •�� COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ti f o a V ,+ FROM: Economic Development Agency SUBMITTAL DATE: December 11 1995 SUBJECT: JOINT POWERS AUTHORITY ADOPTING THE AGREEMENT FOR THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS BUREAU (BUREAU); APPROVAL OF THE PARTICIPATION OF THE UNINCORPORATED COUNTY AREAS WHICH ARE ENCLOSED WITHIN THE BUREAUS BOUNDARIES RECOMMENDED MOTION: That the Board of Supervisors approve and authorize the Chairman to approve the attached Joint Powers Agreement for the Palm Springs Desert Resorts Convention and Visitors Bureau. JUSTIFICATION: The Palm Springs Visitors and Convention Bureau (Bureau) was created to jointly encourage and promote all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors to the area from a world-wide market, all to the benefit of the member organizations and their, citizens. As proposed, portions of the County and all member cities located in the Coachella Valley would be represented in all of the Bureau's communication efforts, including press releases, printed promotional materials, advertising and their extensive work with travel journalists. The incorporated city of Coachella, which is not a dues paying member of the Bureau, would not be represented by the Bureau. cont. q2-) Bradley J. Huds E ecutive Director FINANCIAL DATA: CURRENT YEAR COST $ 31,500 ANNUAL COST $ 31,500 ET COUNTY COST $ 0 IN CURRENT YEAR BUDGET: YES X NO BUDGET ADJUSTMENT: YES NO X FOR FY: MPANION ITEM ON BOARD OF DIRECTORS AGENDA: YES NO X URCE OF FUNDS: RDA Administration . RECOMMENDATION: APPROVE. m Adr MINUTES OF THE BOARD OF SUPERVISORS On motion of Supervisor Ceniceros, seconded by Supervisor Wilson and duly carried by unanimous vote, IT WAS ORDERED that the above matter is approved as recommended. Ayes: Buster, Tavagglione, Ceniceros, Wilson and Mulle Noes: None Gerald A. Malone Absent:" None le the r Date: December 19, 1995 By - �c• ED4 Co.Co. Auditor De Prev. Ag n. ref. 1 J Dist. AGENDA NO. N/A �- 1 pc\ir.RArT 1=11 33 Palm Springs Convention Bureau December 11, 1995 Page 2 The Coachella Valley portion of the County unincorporated area would also be represented in both the Bureau's domestic and international. efforts in attracting convention business, group tourism business and individual visitors. The two -tiered funding formula for each city/county of the Bureau is based upon a percentage of gross hotel sales in each member city/county with an annual minimum investment of $30,000 which is adjusted annually at a rate of 5% per year. The County payment is equivalent to the minimum -annual investment. Redevelopment Agency expenditures are justified because the Agency has benefited from 'businesses, including two hotels within the redevelopment project area boundaries, that benefit from tourism. ,Also, the Bureau assists greatly in attracting economic development and redevelopment activity to the project areas. See attachment A for the geographical boundaries of areas which the Bureau would represent. RZ/TG/msh Attachment PSVCBAGT.F11 � t� 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1989-1990 PROPOSED FUNDING FORMULA CALENDAR 1989 Projected Fiscal Year 1989-1990 CITY Gross Sales X .55% Desert Hot Springs Not a member at this time Cathedral City $10,2421)000 $5610331 Indian Wells 1522143,182 _ 8310678 Indio 3,910,000 21,505 La Quinta 1557881,909 863,839 Palm Desert 593,4033,090 3261,717 Palm Springs 703,1935455 38651064 Rancho Mirage 271,59831000 1512789 TOTAL $202,349,636 $1,112,923 Note: Projection from City Finance Departments 4 73 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1990-1991 PROPOSED FUNDING FORMULA CALENDAR 1990 Projected Fiscal Year 1990-1991 CITY Gross Sales X .6% Desert Hot Springs $4316252000 $2731750 (Desert Hot Springs joined 7/6/90) Cathedral City 10255511556 63,333 Indian Wells 193,19511514 115,173 Indio - 5519002000 352400 La Quints 2150002000 12631000 Palm Desert 46312505000 27731500 Palm Springs 74,4442444 446,667 Rancho N irage 2731777,778 16631667 TOTAL $209,748,292 $1,2589490 Note: Projection from City Finance Departments EXHIBIT A-1 36 1 2 3 4 5 6 8 9 10 11 �I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1991-1992 PROPOSED FUNDING FORMULA CALENDAR 1991 Projected Fiscal Year 1991-1992 CITY Gross Sales X .6% Desert Hot Springs $31)439,000 $202634 Cathedral City 9,89511000 59,370 Indian Wells 295,6665,667 1783,000 Indio 525005000 3311000 La Quinta .2221665667 1332000 Palm Desert 525,0005,000 31231000 Palm Springs 87,0001)000 5222000 Rancho Mirage 27,7771833 1665667 TOTAL $237,445,167 $1,424,671 Note: Projection from City Finance Departments EX MIT A-2 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1992-1993 PROPOSED FUNDING FORMULA Calendar 1992 Projected FY 1992-93 FY 1992-93 CITY Gross Sales X .6% X 1.4% TOTAL Desert Hot Springs $3307,926 $222128 -0- $22,128 Cathedral City 10,9981)141 31,075 80,066 111,141 Indian Wells 283105031000 -0- 39231700 392,700 Indio 63p330,740 372984 -0- 37,984 La Quinta 1923375845 -0- .2702730 2702730. Palm Desert 53,2642338 662560 5907394 6562954 Palm Springs 723062,921 1952738 5522158 7472896 Rancho. Mirage 32310002000 26,880 3855280 4125160 TOTAL $225,6311911 $380,365 $2,2711328 1 $2,651,693 Note: Sources: City Finance Departments 1991 Year-end Gross Sales; City of Indian Wells Projection - Down Trend City of Rancho Mirage - Westin Mission Hills EXHIBIT A-3 J 38 I z 3 4 5 6 7 8I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1993-1994 PROPOSED FUNDING FORMULA Fiscal Year Actual FY 1993-94 FY 1993-94 CITY Gross Sales X .6% X 1.4% TOTAL Desert Hot Springs Inactive member Cathedral City $911855163 $26,292 $67,244 $935536 Indian Wells 29,352,553 32911 4012810 405,721 Indio 5,4373,041 32,622 -0- 32,622 La Quinta 2031404,525 11,502 258,826 270,328 Palm Desert 535128,056 603,896 601,701 6625597 Palm Springs 68,964,193 170,366 567,978 738,344 Rancho Mirage 371454,580 103P385 5005133 5105518 TOTAL $223,9269111 $315,974 $2,3979692 $29713,666 Note: Sources: City Finance Departments EXHIBIT A-4 n ►y w i.. f 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1994-1995 PROPOSED FUNDING FORMULA Fiscal Year Actual FY 1994-95 FY 1994-95 CITY Gross Sales X .6% X 1.4% TOTAL Desert Hot Springs Inactive member Cathedral City $91)500,000 $25,200 $743,200 $993,400 Indian Wells 27517772778 3,333 3812111 384,444 Indio 53,2502000. 311)500 -0- 313,500 La Quinta 19,482,273 10,830 247,482 2582312 Palm Desert 4831042,432 602,480 5312474 59111954 Palm Springs 68,1002439 191,700 506,106 697,806 Rancho IVrrage 36,000,000 9,072 482,832- 4912904 . TOTAL $214,152,921 $332,115 $21223,205 $29555,320 Note: Sources: City Finance Departments EXMIT A-5 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1995-1996 PROPOSED FUNDING FORMULA Fiscal Year Projected FY 1995-96 FY 1995-96 CITY Gross Sales X .6% X 1.4% TOTAL Cathedral City $9,300,000 $253800 $703,000 $95.1800 .Desert Hot Springs 41)950,833 29,705 -0- 291>705 (Re joined the Bureau 7/1/95) Indian Wells 30,8103786 3,243 4232784 427,027 Indio 5,410,000 32,460 -0- 32,460 La Quinta 21,366,357 12,180 270,709 282,889 Palm Desert 50,555,571 60,000 5672778 62731778 Palm Springs 761V444,429 1922000 6223,222 8141,222 Rancho Mirage 37,166,667 10,000 4972000 50711000 TOTAL $236,004,643 $365,388 $2,4515493 $2,81611881 Riverside County (annual contribution) -0- -0- 312500 TOTAL $2,848,381 Note: Sources: City Finance Departments EXHIBIT A-6 � �9 41 1 2 3 4 5 I 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1995 ACTUAL FUNDING FORMULA Actual 1995 1995 CITY Gross Sales X .6% X 1.4% TOTAL Cathedral City $824803P124 $192027 $74,325 $93,352 Desert Hot Springs 25158,960 12,954 12,954 Indian Wells 33190531975 4,569 4642023 468,592 Indio 6,3452485 38,073 381073 La Quinta 231)270,753 132135 2952143 3082277 Palm Desert 52,7503,567 805946 549,634 6302580 Palm Springs 7417922529, 178 270 631 131 809,402 Rancho Mirage 40,212,860 9,897 539,887 5492784 TOTAL $205,350,612 $3562871 $2355431143 $2,911,014 Riverside County (annual contribution) -0- -0- 313,500 Note: Sources: City Finance Departments TOTAL $2,942,514 1 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 1996 ACTUAL FUNDING FORMULA Actual 1996 1996 CITY Gross Sales X .6% o X 1.4% TOTAL Cathedral City $8310382544 $1911754 $66,448 $862202 Desert Hot Springs 5,117,831 - 302707 30,707 Indian Wells .373,1892611 4,696 5092697 514,393 Indio 6, 349, 063 3831094 382094 La Quinta 2529982636 1551625 327,522 3433147 Palm Desert 563,1882100 85,750 5862550 6722300 Palm Springs 8025703,513 2052050 649,538 854,588 Rancho Mirage 43317402480 10,619 5872589 598,208 TOTAL $26321923,778 $41011295 $22727,344 $331137,639 Riverside County (annual contribution) -0- . -0- 31,500 Note: Sources: City Finance Departments TOTAL $3,169,139 EXHIBIT A-8 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1997 FUNDING FORMULA Actual Gross 1997 1997 CITY Hotel Sales X .6% X ' 1.4% TOTAL Cathedral City $85,1062256 $217778 $62,672 . $841450 Desert Hot Springs $53,1815743 $31,090 0 $3111090 Indian Wells $39,160,033 $51255 $535,980 $541,235 Indio $6317503742 $401504 0 $40$04 La Quinta $283,7761)060 $17,937 $361,013 $3785,950 Palm Desert $60,0822,623 $98,834 $610$43 $7092377 Palm Springs $905436,119 $2282488 $732,967 $9612455 Rancho Mirage $46,479,736 $11,623 $623,597 $63531220 TOTAL $284,973,312 $4559509 $25926,772 $31Y382,281 Riverside County Annual Contribution $33,000 TOTAL $3,415,281 Note Sources: City Finance Departments EXHIBIT A-9 n�n 44 1 2 3 4 s 6 7 8 9 10 11 12, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1998 FUNDING FORMULA Actual Gross 1998 1998 CITY Hotel Sales X .6% X 1.4% TOTAL Cathedral City $9,6653,707 $243,037 $79,233 $10331270 Desert Hot Springs $62263,382 $31,088 $15,149 $46,237 Indian Wells $442368,886 $4,096 $6115,606 $6153702 Indio $7,4281)5 89 $443,572 0 $443,5 72 La Quint $301)8502080 $20,916 $383,097 $4042013 Palm Desert $6925072942 $113,712 $7071'0784 $8213,496 Palm Springs $96,4612293 $2491076 $769,280 $1,0183,356 Rancho Mirage $482505,884 $115432 $6525,408 $6633,840 TOTAL $3131051,763 $498,929 $31,218,557 $3,717,486 Riverside County Annual Contribution $345729 Note: Sources: City Finance Departments TOTAL $3,752,215 EXHIBIT A-10 21,83 45 I 2 3 4 s 6 7 8 9 lo- ll 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 1999 FUNDING FORMULA Actual Gross 1999 1999 CITY Hotel Sales X .6% X 1.4% TOTAL Cathedral City $111,03983,820 $26,852 $962929 $1232781 Desert Hot Springs 7,216,613 312968 26,440 58,408 Indian Wells 46,8152903 1,578 651,741 653,319 Indio 8,802,462 52,815 -0- 523815 La Quinta 33,8432166 221)453 421,414 443,867 Palm Desert 84,470,536 149,718 833,245 982,963 Palm Springs 10734151950 2812640 846,662 1,128,303. Rancho Mirage 50,795,509 12,914 681)004. 693,918 TOTAL $350,758,958 $579,939 $31557,435 UJ37,374 Riverside County. Annual Contribution $36,465 Note Source: City Finance Departments TOTAL $4,173,839 EXMIT A-11 46 A B C D 1 city 2000 FUNDING FORMULA Actual Gross 2000 Hotel Sales x .6% 2000 x 1.4% TOTAL 2 3 4 5 5 7 8 9 Cathedral City $10,744,357 Desert Hot Springs 8,055,190 Indian Wells 47,719,310 Indio 9,575,833 La :Quints 39,485,905 Palm Desert 81,315,714 Palm Springs 114,261,929 Rancho Mirage 54,025,119 TOTAL : $365,183,357 Riverside County Annual Contribution Note Source- City Finance Departments $25,059 35,318 1,627 57,4.55 26,456 133,860 296,862 15,764 $592,401 $91,950 30,364 664,274 491,072 826,080 906,989 719,569 $3,730,298 $117 009 $65,682 $665901 $571455 - $517,528 $959,940 $1,2031851 $735;333 $4,3221699 $39,288 $d,360957 Exhibit A-11 10 '11 12 13 14 15 16 17 18 19 20 21 '22 23 24 ` 25 26: 27 281 29 . 30 = 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 47 A B C D E 1 Cit 2001 FUNDING FORMULA Actual Gross 2001 Motel Sales x _6% 2001 x 1.4% TOTAL 2 3 4 5 6 7 8 9 10 Cathedral City $10,959, 099 Desert Hot Springs 8,353,548 Indian Wells 42,054,542 Indio 9.584,977 La Quinta 37,049,684 Palm Desert 79,878,327 Palm Springs 108,735,173 Rancho Mirage 52,613,806 TOTAL $3491229,456 Riverside County Annual Contribution Note Source: City Finance Departments $30,412 35,$04 1,416 57,510 24,192 131,193 288,350 19,196 $588,072 $82,465 33,407 5$5,465 462,248 812.180 849.476 691,SOZ $3,517,044 TOTAL 1 2,$7S $69,21,1 $556,880 $57,510 $486 440 $943,373 $1,137,$26 $710998 $4,105,116 $40,202 $4,145,318 Exhibit_ A-12 11 12 13 14 15 16` 17 18 19 20 21 22 23 24: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DEFINITIONS "Convention Meeting_Hotel".. A Convention Meeting Hotel as defined in this agreement, shall have the same meaning as "Group Meeting Hotel" to wit": A hotel meeting the following criteria: A) A minimum of 125 rooms, B) Meeting space for 125 people, and C) Has personnel specifically employed, other than the general manager or director, whose primary job responsibility is group sales. Provided that a member city, for good cause, may exclude a hotel from or include a hotel in the category of Convention Meeting Hotel upon a showing that such hotel does or does not receive services from the Bureau. Footnote: Provided that any changes to the foregoing Exhibit conform with Article XVI of the TPA Agreement. 1 WIN 19, 11: 49 1 2 3 4 s 6 7 8 9 10, 11 12 13 14 Is 16 17 18 19 20 21 22 23 24 2s 26 CONTRIBUTIONS The formula shall be equal to six -tenths of one percent (.6%) of all taxable gross hotel room rentals and an amount equal to eight tenths of one percent (.8%) of the taxable gross hotel room rentals of Convention Meeting Hotels; provided, that if a member city prior to June 1, 1993, shall give notice of withdrawal from membership, that city shall pay during the 1993-1994 fiscal year a contribution equal to six tenths of one percent (.6%) of all taxable gross hotel room rentals. Footnote: Provided that any changes to the foregoing Exhibit conform with Article XVI of the JPA Agreement. EXHIBIT C 50 t,.52 c� xx .. .. � a �� .,e►, M. � JV ��. ' •�y �ll{jIS ` C1SIC�i itl31� cc j r t z=3 < LLI V CLLI • I.r t ,, 4 • • o cn 2tt ib V+ G •Ir /. Y r0 of 40 4- All . K •.•t IL CO St Est s O LL �y vUut = y Z •' O .a S W F i Lai do c �I • • = I 4 •i yJ �C ' �� / al I Yr�i Z 0 W < s 2 �' • �Q _ � S d Imo' y`►� r �Q' /C ► + do o x : . �t . .t • all "cam c 4 • l r•- ♦ V � .ten C �� • � `d'�' i � i o : •iQ e • o Y ;;''s� 1- ice' � y R � � C v = Arrsr.or • f13 � •, • � br � O tl = _ • � ,� : �`' " moo_ .�� +,•,,� o3':g ,m�. .�_ 1 01 Ilk I to 1. m 0 4975IF 41 d � L-•s S � ?� N�....ee 13:141 Ail Oc P A gyp+ M ;:. • - t`�+fig rur3i«ow 11 ,C 9 _JI ! - �T „ o • - +'r _ r�s�=a� as Le Qo �� Q�� t t,7 :u vww PIS cm *= o CC (vw 1 O 3 ao ,,, • Z O • san" "i ( 7 • • H r NV10M1 N IL all31 cm ...? t Ail pqfir: Alobt A � :. < 1 � . Y� ,.: �`�..i � _- • � � ; � ♦ -, "` • CC Z •� � 'ter. t-` °'�"�?- (� . q �:S�s�� O.• _r ✓•��Z. �. !s"'Y�•'�7 �. � ... �. .;.^r• � • � �_ �l . ^ Jam. O •� iM .. •� yr . 1' K �S3Wi y�K ... ... ay n J ,.� _.y 1 • •'. .t .` . ��' ,� �` �,7�ai:ti•.-. '��i.--.,�L � ' :�:. oD-- �-- �^!=�•Tr,',o,t M�• • 7 � S i'`�C ...'�`4'�� . � z. ��'� - J y -. ,-�- ,,'l�hortio/a �r«''i}-�v��^��♦ �Z cm �'a.11 - c m • PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY BYLAWS Section 1. PURPOSE To jointly encourage, promote, and engage in such other activities as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors to the area from a world-wide market, all to the benefit of the member organizations and their citizens. Section 2. EXECUTIVE COMMITTEE A. Officers --Chairman and Vice Chairman are elected annually in December for following Calendar year. B. Duties: 1. Manage affairs and evaluate performance of Joint Powers Authority 2. Hire President 3. Authorize contracts for service 4. Adopt Budget B. Chairman appoints subcommittees C. Membership Qualifications Voting members are elected/appointed members from active public organizations that have not given notice to withdraw. Each active public member appoints one elected official as the designated delegate and a second elected official as an alternate. The County appoints one elected official as the designated delegate and either a second elected official or a senior staff member as the alternate member. City Managers are ex- officio members. Three ex-officio members are appointed by HIBC chairman from Hospitality and Business Council for one year terms. Section 3. TECHNICAL ADVISORY COMMITTEE A. Officers — The City Manager representative shall be automatically named Chair of Technical Advisory Committee (TAC) upon selection of JPA Executive Committee Chair as selected in December for following Calendar year. B. Duties - Advise Executive Committee on all matters pertaining to Joint Powers Authority (JPA). r94., . 52 PSDRCVA Bylaws Page 2 C. Membership Qualifications - City Managers/Administrators from active public agencies. Section 4. HOSPITALITY IND USTR Y AND BUSINESS COUNCIL (HIBC) A. Members 1. Seventeen (17) appointed by Executive Committee 2. Widespread Hospitality IndustryBusiness Community. Balanced representation from Active Public Members. The following categories serve as a guideline: Members/Category 2 - Hotels with less than 100 rooms 3 - Hotels between 101-300 rooms 4 - Hotels with more than 301 rooms 7 - Business/Attractions Community (Retailers, restaurants, attractions, banking, finance, transportation, air carriers, developers, Chambers of Commerce, etc.) 1 - At Large B. Terms Appointed in December for terms beginning January 1. Three years staggered serve at pleasure of Executive Committee. Two -term maximum, majority vote of Executive Committee to appoint and 2/3 vote of Executive Committee to remove. In the event of a delayed appointment, existing HIBC members serve until replaced. C. Duties 1. Develop annual budget, marketing plan, and other related activities for submission to Executive Committee for approval. 2. Develop measurable performance criteria to evaluate CVA performance. (Beyond Transient Occupancy Tax, to include room nights booked, lead generation, cooperative advertising, membership involvement and other appropriate indicators). 3. Develop dues structure for Private and Associate Members to be submitted to Executive Committee. 53 PSDRCVA Bylaws Page 3 4. Meet monthly with President and staff to review performance, revenues and expenditures. 5. Approve monthly financial reports for distribution to Executive Committee. 6. Authorize minor adjustments to the budget within CVA activities (i.e., marketing program, sales program, advertising program). Budget adjustments between major categories requires Executive Committee approval. 7. Chairman of HIBC appoints subcommittees as necessary. 8. HIBC members elect Chairman, Vice Chairman and Secretary annually, in December, for following Calendar year. 9. Review, comment and submit contracts for professional services to the Executive Committee for approval. 10. Conduct meetings in accordance with The Brown Act. 11. File Conflict of Interest statements. Disclose financial interests. Disqualify from participation in decision which may affect Hospitality Industry and Business Council members' or their employees economic interest. 12. Chairman is an ex-officio member of Executive Committee, attends all Executive Committee meetings (including closed sessions). Chairman may delegate to Vice Chairman. In addition, Hospitality Industry and Business Council Chairman appoints two additional members to serve one year, ex-officio terms on Executive Committee. 13. Hospitality Industry and Business council members serve without compensation during any term served, including one year following last term of service. 14. Members who miss more than two HIBC meetings in a row or who miss 50% or more of the regularly scheduled HIBC meetings during any 12 month period, shall be deemed to have resigned. D. Nominating Committee, Marketing Committee, Budget Committee, other ad hoc committees. 1. Members: Appointed by Hospitality Industry and Business Council Chairman from HIBC and PSDRCVA membership. HIBC officers are also ex-officio members of all committees. w 54 PSDRCVA Bylaws Page 4 2. Terms: One year, serve at pleasure of Chairman of Hospitality Industry and Business Council appointed by HIBC Chairman in December each year. 3. Duties: a) Nominating Committee meets as necessary. Recommends to HIBC for approval and submission to the Executive Committee, individuals to serve on Hospitality Industry and Business Council. Nominates officers of HIBC. b) Marketing Committee meets at least annually. Recommends marketing programs for following calendar year. c) Budget Committee meets as necessary. Prepares and monitors budget and performance indicators. 4. Membership Qualifications: When located in Coachella Valley, members represent business entities within boundaries of active members' agencies. 5. Other ad hoc Committees: a) Other HIBC committees are appointed by Chairman of Hospitality Industry and Business Council. b) Other JPA Executive Committees are appointed by Chairman of JPA Executive Committee. Section S. PERSONNEL COMMITTEE A. Members/Category: Two (2) - Chairman of Executive Committee and one other Executive Committee member appointed by Chairman of Executive Committee. One (1) - Chairman of Hospitality Industry and Business Council �33 55 PSDRCVA Bylaws Page 5 B. Duties: 1. Conduct annual written review of President performance within 30 days of calendar year close and report to Executive Committee at their next regularly scheduled meeting. 2. Advise Executive Committee on personnel matters. 3. Review CVA Employee Benefit Package with the aid of the Technical Advisory Committee (TAC) Chairman. Section 6. MEMBERSHIP QUALIFICATIONS A. Private Members: Non -government members whose place of business is within the jurisdiction of an active public member. B. Associate Members: Non -government member whose place of business is outside the Coachella Valley. C. Active Public Member: A public agency, signatory to JPA, who has not given notice of withdrawal. D. Inactive Public Member: A public agency, signatory to JPA, who has given notice of withdrawal. Section 7. MEETINGS A. Annual Membership Meeting: At least once a year, during first quarter of Calendar year, to report to total membership (public/private) the previous year's accomplishments and the future operation and marketing plans. B. Executive Committee: At least quarterly, or as deemed necessary, time and place to be established. The Chairman or a majority of the Executive Committee may call a meeting. C. Hospitality Industry and Business Council: At least one meeting per quarter, but not less than nine in a 12-month period. D. Other Committees --As needed. �94 56 PSDRCVA Bylaws Page 6 Section 8. QUORUM A. A majority of current membership of each committee shall constitute a quorum. B. All action of each committee shall be by majority vote of those present. Section 9. PRESIDENT A. Professional Manager hired by Executive Committee to manage affairs of JPA. B. Develop and administer plans and programs for achieving visitor industry objectives. Develop and maintain key relations in the tourism and convention industry in order to assure effective advertising, public relations, promotions and direct sales of the Palm Springs Desert Resorts area for exploitation of the member cities as a visitor and convention destination. Section 10. AMENDMENTS Bylaws may be amended by majority vote of the Executive Committee. Section]]. WARRANTS AND DEMANDS A system of warrants and demand payments will be established. Monthly statements of warrants and demands shall be submitted to Executive Committee for approval and ratification. Section 12. ORGANIZATIONAL CHART (S) ATTACHED HERETO n 57 Y. Attachment 3 May 6,2005 RESORT & CLUB Mayor Don Aldolph City of La Quinta PO Box 1504 La Quinta, CA 92247-1504 VIA FAX: 760.777.7101 This is in. response to an inquiry we received from your office earlier today. With the limited information we have -from you — and other sources — it is our understanding that the City of La Quinta is doing a review of benefits we receive from our contributions to the'Palm Springs Convention & Visitor Authority (CVA) and is also looking at pulling away from the CVA. We clont believe this would be in the best interest of La Quinta Resort & Club/PGA 'West -- nor of the city. We've put together sonic information for your consideration. ".e Palm Springs valley is known domestically and Internationally as a destination due to the many years our CVA has been building and marketing this brand/destination. La Quinta independently does not have the same brand awareness nor cache with tourists as the greater Palm Springs areas does. If the city were to break away, the amount of money needed to build/market the La Quinta brand would be cost prohibitive and take a long time. La. Quinta Resort & Club already struggles in certain market segments with brand competition from La QuIntalniis — and feel the City of La Quinta might experience this same problem in establishing its own brand separate from. that of the greater Palm Springs valley. The CVA has a group, convention and transient sales force well established in their markets promoting the destination. We currently receive a significant percentage of our group business through CVA leads. Group sales and conventions are more than 60 percent of our overall business. We feel we get our fair share of leads and exposure through the CVA. Other benefits include publicity, familiarization trips with journalists and meeting planners, forums for sharing best practices among members throughout the valley. Each contributor to the CVA. is part of selling the overall destination: and the CVA plays a key role in making sure the business stays in the valley — even if La Quinta Resort & Cl.ub/PGA West isn't awarded the contract. Please feel free to call Mike.Islava at 760.564.5757 if you have any questions. Sincerej,v, Cormic Mike, Islava. Jim Oliver 'l V and General Manager Director of Sales & Marketing Club Director, PGA West Cc: Sara Harper, Director of Marketing Communications Tracey Latkovic, Director of Group Sales 49-499 0111cv 13ox 69, La Quinta, Cififi)rnia 9225 6, 44111. 760,564,76;if) 7U) 4 7() 58 Attachment 4 P.O. Box 1504 LA QUINTA, CALIFORNIA 92247- 1504 78-495 CALLE TAMPICO (760) 7 7 7 - 7 0 0 0 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 May 9, 2005 Sara Harper Director of Marketing Communications La Quinta Resort & Club P.O. Box 69 La Quinta, CA 92247 Dear Ms. Harper: Pursuant to our previous discussions, both before and after the La Quinta Resort & Club's (Resort) letter to the Mayor of May 6, 2005, please be advised that the City will be reviewing the CVA on May 17, 2005 as a Study Session item only. As such, there is no action contemplated at that meeting other than a general discussion of the CVA. You've indicated that "other sources" have called the Resort and suggested that the City is "looking at pulling away from the CVA." We want to be clear that City staff has been given no such direction from the City Council. The Council deems it good public policy to periodically review City contracts and agreements. The information you have provided in regards to your working relationship with the CVA is appreciated and will be shared with the Council. The regularly scheduled City Council meeting of May 17 begins at 2:00 p.m. with Closed Session, and resumes at 3:00 p.m. It will be held at the City Hall Council Chambers. Please contact me with any questions or concerns. Sincerely, Maria Casillas Management Analyst City Manager's Office cc: Honorable Mayor and City Council Thomas P. Genovese Mark Weiss 59 05/09/2005 16:08 7607703029 PALM SPRINGS DR CVe ................. ..........................--..............--..--.--........................---............................................................. ...... Attachment 5 CONVENTION AND VISITORS AUTHORITY MEMORANDUM TO: BUDGET COlyll�'T'I'EE Richard Oliphant, (lairnui n Judy Vossler, L=d=xk Golf Rob Parkins, Palm Springs Aerial Tramway Bill Powers, Pacific Western Bad John Kdmki, Renaissance Esmeralda Resort Pat Pratt, City Manager City of Rancho lA irage Ken Weller, Interim City Manager Chy of Indio Nfiichael O'Connor, Deputy CEO County of Riverside FROM Gary S . *Foy, Vice President Operations/Finance DATE: October 14, 2004 SUBJECT: 2005 PROPOSED BUDGET ear^mar•r��====—=—=—=====emc�v��+�eara�====__=====em1�11RR/f/f��la/�/J�IRG'C��Pli�lcl7 The CVA's Budget development process for 2005 considers input from the Marketing Committee, National and local hospitality community and the CVA Industry Partnership at large. In 2D05, CVA Public Source funding estimates have retraced to the levels of 1997 and 2000. It has been a slower than expected climb since September 11 and there are n=yfactors that could help or hinder'the CVA's continued growth. Unfortunately, vvi@e it has taken five years to recover to pre millennium funding, inflation and other factors have reduced the CVNs purchasing po-%mr to deliver the same service levels. The CVA Staff developed the 2005 budget with various assumptions on Public and Private Source revenue, staffing, pay aud benefits, promotional, and other economic factors. The program of work reflects the most important elements v6rb.in these limited financial resources. I. Public Source Revenue Forecast ■ Pubk Source revenue estimates for 2005 are $19,938 or -0.5% below member cities' 20N estimates. The 2005 estimates compared to CVA 2004 mid -yeas revisions are $125,062 or 3.1% higher. ■ The member city/county 2005 estimates represent S202,234 or a 5.1% increase above 2003 Actual City funding. Serving the Desert Resort Communities of Riverside County n Cathedral City • Desert Hol Springs - Indian Wells • Indio • La Ouinta • Palm Desert - Palm Springs - Ranr.ho Mirage .................................................. ..... ............................................................................................................................... vC riiahway t 1 • ftai.o lia�e, LA tj-27i, • i F, a�JVV-JIJI J�-6/ • T, i UC-7 i G-6066 • l:. i GG-i 7 u-,q(1fi i - palrij.'a l'Illy&u2,a,Vf1U wgshington, DC saies orrir.e 515 King Street, Suite 315 e--7..1exandTia, VA 22314 • T: 703-549-8026 • F. 703.519-7 7. � 05/09/2005 16:08 7607703029 PALM SPRINGS DR CVA PAGE 03 Memorandum Re: 2005 Proposed Budget October 14, 2004 Page 2 Ogre of the keyassumptions in the 2005 Budget is the inclusion of additional public source revenue from Riverside County. I-Estorically, the County invested in the CVA based on a flat fee. With the expansion of the Fantasy Springs Casino Hotel and Conference Center, the CVA funding from the County would be increased by using the sane methodology as un all Member. Cities, For 2005, it would have an immediate impact and should }geld additional funding to the CVA. of $5I,000 above the Coungs 2004 funding level. Sirri larly, the County and the CVA are negotiating with Morongo Casino Hotel to include them in the CVA. Their inclusion would increase CVA funding by $100,000 in 2005. Fantasy Springs Casino Hotel and Conference Centex is located in the CVNs members hin boundaries and meets all necessary requirements. The CVA membership boundaries need to be expanded to include Morongo Casino Hotel which is currently under review. Both Casinos are expected to open in December, 2004 and have agreed to join as members to the CVA upon County and JPA approval. ne CVA 2005 budget assumptions include increased funding for both properties including Industry Partnership mvestments. (See Private Sources Funding} These are important revenue iwrrns and without this additional source of funding, CVA programs will have to be reduced ■ With the Desert Hot Springs bankruptcy court reo gani7.ation plan resolved, the Cit3-is in the process of a bond issue in 2004 that vM yield proceeds to repay creditors. In 2005, the CVA assumes it will receive pay-ment of $23,000 from prior year TOT funding, due to the CVA. • Based on the CVA. revisions of additional Public Source revenue from the County and Desert Hot Springs prior year amounts, the total 2005 Public Source income is increased by $299,062 or 7.4% U. Private Revenue Source Assumptions ■ Private Source revenue increased by $272,208 or 34.2% due to revisions to the dues structure for industry partners, new Website and print advertising opportunities, collateral and promotional offsets, trade show, PAM tours and event hosting offsets, revenue sharing arrangements from CVA published guides and rental offsets from facility leasing. ■ In addition, Industry Partnership Investment has been increased based upon the recent approved Partnership Investment Schedule. • With the redesigned Website, and a partnership in connection with Palm Springs Desert Resorts Channel, Private Source revenue vU increase an additional $60 000 in 2005. ■ Additional Private Source revenues include Hotel and Industry Partnership participation of $60,000 in a new. Meeting Planner Guide. ■ Increases is revenue sharing arrangements are increased $14,907 or 3.5% above 2004. ^�9 '61 I am 05/09/2005 16:08 7607703029 PALM SPRINGS DR CVA PAGE 04 Mern ran.duin Re: 2005 Proposed Budget October 14, 2004 Page 3 Rental income is increased in 2005 as the Executive Suites are annualized and inflation adjustments result in additional $34,152 or 120% increase over 2004. III. Pay and Benefits Assumptions Salary adjustments, for the 12-months ending August 2004 based on the Los Angeles/Orange/Riversitde County Index, were 3.3%. Ile Memorindum of Intent approved by the JPA Executive Corm? iMe provides a 2%--4% increases depending upon this Index. The 2005 cost of the 3.3% salary adjustment is $65,532. CVA positions comparable to the Member City positions are subject to a five -step merit pay program. In 2005, the proposed merit increases approved in the 2004-2006 MOI is estimated to have a budget impact of $55,000. With United funding, CVA pay growth in these positions can not be sustained. The CVA is proposing a 50% decrease or a 2.5% rmxit pay adjustment mnstead of a 5% annual merit increase. The CVA will. adopt a 10-step =tit pay program. This will reduce 2005 pay costs by $27,384 as well as future pay growth_ 'The CV,A. staff is completing a Pension Study to evaluate its cunnent Defined Benefit Plan vs. the CA.LPERS plan.` The CVA Pension Plan's unfunded liability for 2004 plan year eudirrg June 30, 2004 is 40%. The unfunded liability is less than the previous year, due to staff changes with the new staff ineligible for contzibution until 2006. Due to delays in receiving cost inforrxaatioxx to compare the CVA Defined Benefit Plan vs. CALPEBS Pension Plan costs, the CV,A, staff will present an updated actuarial evaluation and comparative analysis in late 2004 to the Pension Committee fox their review and consideration. For purposes of the 2005 Budget, the Pension Com miftee has directed staff to increase Pension, funding to help reduce the unfunded liability. Upon completion of the .Pension Study, the Pension Cornnzittee will make a recommendation to the Budget Committee, TA,C and JPA Executive Committee. Depending upon the Pension Study results, if additional funding is required, CVA staff wM make adjustments during the mid -year review in 2005. Accordingly, the 2005 increase is $126,21.6 above 2004 mid -year adjustments. Budgeting for bonus and incentive compensation in 2005 is reduced by 1.4% which mirrors 2004 pace payouts. Staff Assumptions Since 2002, CVA staffing levels have been flat. Position changes and contract labor have occurred in order to meet changing priorities and work load. In 2004, three positions were reorganized due to changes in workload. Additionally, a Website Manager position was ehminated as the redesign of the CVA Website was outsourced to US 14net. Salary costs for the Website Manager were redirected into contract funding for redesign in 2004 and mai.ntenadce in 2005. In late 2004, the CVA continued to reduce dependence on an outside contractor for daily Infortnation Technology (M and network administration. By selectively contracting for high]y-technical assistance, the reduction .in the IT contract has funded a more cost effective and efficient IT solution with n L� _9_ 62 05/09/2005 16:08 7607703029 PALM SPRINGS DR CVA PAGE 05 Memorandum Re: 2005 Proposed Budget October 14, 2004 Page 4 a full -tune administrative and technology services coordinator. 'This will improve day to day support of the CVA technology functions. In 20055 a bousing assistant position will be restored, as more groups require assistance azth the continuing group success down valley and re -opening of the P21m Springs Convention Center. Anew conur�ssi.oned advertising sales manager will be rehired to promote and sell -advertising in the CVA's publications and on the redesigned Website. An accounting tcchrician position is restored from prc- September 11 levels as the Finance Division's has increased intemal reporting responsibEtcs, =' Proved procurement process and increased accounts receivable workload. Promotional Efforts Mlle Sales and Marketing Department primary focus in. 2005 -P ll continue to emphasize "relationship selling" and developing new business that have not visited the destination. FoUciv ng is a list of those areas the sales staff will concentrate on: • Increase in -bound F.AM trips ■ Promote face-to-face. customer interaction. Encourage new customers to the destination ■ Implement consistent email and direct mail interaction ■ Increase dedicated sales missions to designated markets R Establish "quality' prospects versus -"quantigr" ■ Increase business from vertical rnarkets with a concentration on well -producing industries ■ Place Northern California sales manager in market and to improve performance and direct access to client base. ■ Funds are dedicated to find new business with pre -qualified leads tl=ugh contractor. The Market Development Department wM focus on the f ollowino- areas in 2005: ■ Increased emphasis in sales missions, regional trade shows, media nvssions haNt been added to complement new markets opened by the new and or expanded air service_ • Continue funding dedicated to "Brand m implementation strategy will include training progras with COD as partner. • Emphasis will be on promotional materials, International marketing representation and marketing opportunities. Additional focus will be placed on updating collateral materials -v pith new photography of the new atrra.ctions and resorts renovations. • Funds will be applied for improving trade show booths consistent with the "brand". ■ Additionally; new advertising opportunities from national advertisers and local haospitafity c ommunity -%-! be available on the redesigned Website. 63 —10— 05/09/2005 16:08 7607703029 PALM SPRINGS DR CVA PAGE 06 Memorandum Re: 2005 Proposed Budget October 14. 2004 Page 5 ■ Increased emphasis on the redesigned Website to deliver inforrmtion and collateral material to clients and industry Partners will maintain or lessen costs in printing, postage and shipping. Operational_ Strategy ■ The Furniture, Fixture and Equipment W&E) Budget in 2004 addressed the majorkyof equipment and furniture of the new facility; some normal replacements in technology equipment will be required in 2005. (See Capital Improvement Exhibit 3) ' ■ Continued unprovements in the procurement process will improve to ensure competitive pricing and quality services from the Industry Partnership base. ■ A. new Industry Partnership dues and benefit structure Will improve retention efforts with single date renewals and increased private source revenue. ■ Establish new methods of using technology an8 proprietary systems to improve productivity, lower costs and yield a competitive edge in support of the sales and marketing programs. ■ Reduce offsite storage costs by utilizing new facility in 2005 2.Ud one unit closer to new facility. New �Buil&g IrnRact in 2005 The 2004 Budget had a seven month cost impact from the new facility in 2004. The CVA completed the closing of escrow account with over $110,000 savings being applied to principal and interest payments. The building savings helped offset lower than anticipated revenue from public and private sources in 2004. In 2005, the CVA will realize the full annualization of the increased building costs that will include some maintenance services that were not previously required. ` The new facilityhas 20W sq. ft. of office suites that have been rented to industrypartners beginning in Ju1y2004. Rental Income offsets total operating costs of the building. The CVA anticipates that at least I I of the 12 suites will be leased beginning in 2005 and the 3% inflation index will. begin for most tenants in July, 2005. As part of the Lease Agreement, tenants may use- the Board Room during normal. business hours. If additional serNzces are required, such as technology or assistance after hours usage is necessary, additional fees will be generated. The CVA, will also lease the Board Room to industry partners and others in 2005. All scheduled usage for groups leasing the facility will not interfere with CVA mission -related functions or CVA Board meeting schedule. The CVA as currently working toward contracting regular monthly meetings that will offset facility costs and add needed revenue. Resenye Fundin, In the 2003 Budget process, a 3-3ear phase -inn approach to restore the Reserve Account was adopted. The 2003 Budget allocated $20,000 to the Reserve Account and an additional $20,000 was allocated at year-end 3 —11— 64 05/09/2005 16:08 7607703029 PALM SPRINGS DR CVA PAGE 07 Memorandum Re.; 2005 Proposed Budget October 14, 2004 Page 6 instead of f undiug in 2004. Based on anticipated revenue growth in 2003, 2004 and 2005, increased contributions to Catch up were projected each year. However, 2003 and 2004 revenue estimates were lower than anticipated. No funds are allocated in 2005 for reserve restoration. Because member city revenue estimates for 2005 only grow at 3%, the CV,A. is proposingr to delay reserve restoration until 2006. The CVA budget formulation continues to be challenging! Staff f's efforts have focused on unprovin0 revenue sources both Public -and Private in 2005. At the same time, staff has exercised caution in trying to be realistic on these revenue assumptions. 'There still rernain a few political hurdles to achieve in son-x of the Private Source revenue assumptions. Even more challenging is the inherent desire the CVA has to compete in. the mark.et place with limited resources. While the 2005 proposed Budget is in balance, staff cannot emphasize enough how the limited funding continues to curtail basic programs and many important initiatives that cazx't be considered. Wli le the 2005 proposed budget funds the highest priority, requirements, it falls short in delivering the kind of program level that would generate a greater return on invest=' nt to this world -class destination. Attached for your review and consideration are the following Exhibits: Executive Summary Exhibit 1 Summary Budget Fable Exhibit 2 Capital Expenditures Plan Exhibit 3 GSP/tm _19— 3 �D 65 N 05/09/2005 16:08 7607703029 PALM SPRINGS DR CVA PAGE 08 F—Albit 1 ?a& sP�s Dued 2,ea* aid � Cv Ad" 2005 Budget EXE C'Lr1M SU MARY Public Sacs Rmrzw In 2005, Cities' funding estimates axe $19,938 below original City estimates for 2004 and $127,242 or 2.4% above the 2004 revised pity revenue_ ■ Additional Public So=e Revenue $51,000 From Fantasy Springs Casino Hotel " Additional Public Source Revenue $1002000 From. Morongo Casino Hotel and Conference Center ■ Additional Public Source Revenue $231000 From Desert Hot Springs prior debt to CVA ■ Based on the CVA revisions of additional Public Source revenue from the County and Desert Hot Springs prior year amounts, the total 2005 Public Source income increased by $299,062 or 7.4%. PSores Re-zeanre PAvate Source revenue increased by $272,208 or 34.2% due to revisions to the dues structure for industrypaxtners, new Website and print advertising opportunities, collateral and promotional offsets, trade sboa, PAM tows and event hosting offsets, revenue sharing anrangements from CVA published guides and rental offsets from facility leasing. Additional private source revenue increases to 2005 are: 4 ■ IndustryPa=ership Dues Increases $190,190 * Advertising Revenue 44,371 Palm Springs Desert Resorts Channel Revenue Share 20,000 Revenue Share Program (Publications) 41907 • Event Hosting Offsets 41317 0 Renal Offsets for executive suites and Board Room 342152 2005 Execuuvc Surunmy -13- .-, �ty4 66 05/09/2005 16:08 7607703029 PALM SPRINGS DR CVA PAGE 09 Eld-UNT I Diiw Pwnrtimd Expav6 The Direct Promotional Expenses decreased $24,562, due to a one -titre reduction of Website redesign and an updated photography library completed in 2004. Follo-ing, is a list of major items under Direct Promotional Expenses: Advertising $476,200 Collateral Material 140,320 Trade Shoes/Sales Missions/FAIM tours 360,779 ' UK/GER112AN Representation 78,500 ■ Website maintenance and support 462000 71.e Personnel Costs consisted of a net increase of 12.1% over the 2004 Budget estimates. Changes in Personnel Costs include: Personnel Cost for restored or reprogrammed positions $1177289 • Annual Salary adjustments increase 65,532 Step increases Q 2'f % ors. 5%v 27,384 ■ Pension cost increase to reduce unfunded liability 1265216 Health Care Insurance 152053 Workman's Compensation Insurance 67281 One of the pri nary inc rcases in personnel compensation is due to a higher contribution in pension in an effort to close the gap on the unfunded pension liabflity. OokrExpvas Other Expenses had an overall decrease of $51,374 or 11.1% from 2004 levels. Increased/(Reductions) include: Computer Contract Services (redirected to personnel cost) ($30,256) Elimination of Atrium Design Center Lease (4831.80) Utilities increase for full year 113000 R Professional Fee Increase (audit, internal control and legal fees) 102400 The Ckpital Expenditures decreased by $120,198 due to the reduction and clinx nation of the 2004 non- recuxnng Furniture, Fixtures ar)d Equipment costs for the new facility. The primary cost in this category is the 15 year loam principal and interest payments on the new facility- and additional. annual payments of. $5,724 over 5 years for normal. capital expenditures (see list on exhibit 3). Principal Debt SerVice Interest Debt Service $1782127 177,853 2005.Exccutive Sunu7:u1y -14- 67 05/09/2005 16: 08 «rc Public Sources 3010 Csrbcdral City 302D Desert Hot Springe 303D Indian Wells 3040 Indio 3050 La Quints 3060 Palm Dcacit 3070 Palm Springs 3080 Rnnclw Mirage 3090 Rivcrdde Coonty 7607703029 PALM SPRINGS DR CVA PAGE 10 F.xh" 2 PSDRCYA Combined Budget 200:, 2004 & 2005 New Public Sow= kaviscd TOT Projections 'Fatal Public Source keventrt Private Samrcet: 5110 Membership imam 3120 Advatisiag Oftetx 3130 CollateralOffxax 3140 Promdonal malerinl Of ach 3150 Trade WMW Offsets 3155 Pam Trip6 Offsets 3170 Event Hosting Of Ad 3200 Payroll OFTkeu 3300 Rent Offacts 3900 Interact Income 3910 Mista llanwe Inetnne Total Private Source Rave Total Revenue 3740 Rollover Funds 2740 Reserve Restoration Total Available Fuhdx Dir'ed ?remntionA[ Expenses Advertising SO10 Pmduction 5020 Placement . 5030 Potfiliment 5040 Webeitc Design/Support 5110 Collateral Malarial 5115 Printed Fa mrAtaticmary 5120 Promotional Material 5I30 FamiliwimtionTrips S135 Site In6peedons 5140 Trade Shows/Sala Missim $150 Travel & Lodging 5155 Meetings 5160 Spec al PPromotion 5165 Marketing Opportunities $170 Marketiatg Representation 5175 Cantroc"I Services 5190 Event Hosting 5210 Photo Fees upplies 5220 PvMicity/News Bureau 5310 Duey 5320 Research 5330 Postage 5340 Tciccomnnmicatiomi 2004 2004 2005 2003 % of Approved % of Appiavod Mid-Yr % of Proposed % of Actual R,cvelluc Budget Revenue Allocation Revenue Bridget Revenue 125,025 2A% 112.953 2.0% J I M53 2.1 % 116,333 2.1% 65,324 1% 64.047 1.1% 64.047 1.2% 64,036 11% 603,662 12% 609,253 10.11% 609,253 1IIA 652,R65 12.06A 63.014 1% 63,763 1.1% 63,763 1.2% 60.0w 1.1% 481,261 91'e 422,182 9.5% 492,182 9.1% 41U.035 896A 904,739 18% 943,989 16.9% 948,889 17.9% 946.889 173% 1,017,094 2D% 1,140,049 20.2% 1,140,049 21.5% 1,063,779 19.7% 635,961 13% 745.000 131% 745,a10 14.D% 747,034 13.7% 44,32.1 1% 46,539 0,8% 46.539 0.9% 48,866 019% 3.990.403 77.3% 4,212,373 74.6% 4,712.575 79A% 4,192,637 77.2% 0 0.0% 0 O.M.4 0 O.W. 174.000© 3.20A 0 0.0% 0 0.0% (145,2m -2,7Y. 0 0.0% 3,990,403 77.30/9 4,212.575 74.6% 4,tki7,575 76.6% 4,36fi.637 80.4'yo 349,174 6.8°/r 360.000 6,4% 337,M 6.4% 527,250 9.71A 107429 2.1% 249.500 4,11"A 121.229 2.3% 183,000 3A% 21.150 0.4% 36.000 0.0% 33,900 0.6% 16.590 0.3% 1.654 0.00A 750 0.0% 418 0.0% 750 0.0% 174,544 3.4% 184.025 3.3% 1841025 3.5% 176,400 3.2% 21,721 0.4% 10.000 02% 683 0.0% 51000 0.1% 17,040 0.3% 20,000 0.59A. 13,470 0.3% 1 Z750 012% 29,409 0.3% 20,000 OA'A 22.631 OA% 20,t100 0.4% 13,965 03% 25,000 0.4% 28,438 0.5% 62.590 1.2% 9,793 0.3% 6,000 0.1% 10.285 0.2% smm 0.1% 11102 0.N1, 90,000 0.9% 43.093 0.8% $9,000 1.1% 750,883 14.5% 992,275 17.6% 795,232 15.0% 1,067MO 19.G96 4,741.291 91.8% 5,204.850 92..11/6 4,94807 91.6% 5.434,077 100.00/6 463,657 9.0 /6 444,029 7.9% 444,028 9.4% 0 0.0% (40;0M -0.8% 0 0.0% 0 OAK 0 0.0% 5,164,948 386.9% 5.6 SA78 IOO.ON. 5,311b.835 100.41% SA..IKV77 100j% 37,336 0.7% 55AM 1.0% 26,960 0.3% 15,500 ' 0.3% 500,856 9.7"/e 529,032 9.3% 476.032 9.0"h 476,200 8.8% 11,157 0.2% 16,000 0.3% 15.300 0.3% 6.Oi10 0.1% 9,603 0.2% 25,000 0.4% 70,000 13% 46,0W 0.8% 80.081 1.6% 136,400 2.4% 109,900 2,1% 140,320 2.6% 13,A31 0.3% 35,0410 0.6% 33,t100 ' 0.7% 33,150 0.6% 941 0.2% d,400 0.1 % 3,900 0.1% 4,400 0.1% 90,959 1.8% 67.0500 1.2% 64.500 12% 73.000 13% 8„50 0.2Y. 14,900 0.3% I4.9W 0.3% 20,400 DA% 318,524 6,2% 265.355 4.7% 261,355 4,9% 267,379 4.90/6 K239 1.9% 90,130 1.61A 97,7&0 1.7% 95,479 1.911A 21,625 OAV* 13,109 0.2% 13.100 0.2% 13AM 02% 4,631 0.1% 3,500 0.1 rA 3,300. 0.1% 37500 0,1 % I OK* 0.2% 10.700 0.2% 10,000 0.2% 101800 0.29E 74.960 1.5% 101,000 1.8% 8111000 1.5% 83,500 1.5% 21.392 OA% 71.000 113% 70.000 1.3% 60.500 1.1% 53,646 1.0% K450 1.5% 77,030 1_5% KWO 1.2% 34,161 0.76A 7050 0.5% 26,550 0.5% 4.600 0.1% 11,009 0.2% 13AN 02% 13,400 0.3% 13AOO 0.2% 24,407 0.54A 23,613 0.4% 23,613 0.4% 23,943 D.4% 1I.644 02A 11.360 0,2% 11.360 0.2% 10.960 0,Z% 97,199 1.9% 106010 1.9 A 110.910 2.1% 114.170 2.1% 59.31 a 0.8% 47.940 0.8% 47.940 0.9'Y. 46,776 __ _ 0.9% 1,5$t,095 30.6% 1,752,840 31.0% 1.653.930 3LrA 1,629,368 30.0"/. 1Oils:2aaa V _�5_ 68 05/09/2005 16:08 . 7607703029 PALM SPRINGS DR CVA PAGE 11 VAN 2 rSDRCVA. Combined Budget 2003, 2004 & 2005 2004 2004 2005 2003 % of Approved % of Approved Mid-Yr % of PropoRed % 0! Acnmi Raenue Budget __Revenue AI1c+catien Revenue budgel Revenue Personhel Casls 4(110 Salaries 1,633,136 31.6% 1,769,493 31.3% .1,769,483 33.3% 1,935,792 35.6% Step Inercasee 39,000 0.8°A 41.729 0.7% 41,i28 0.9% 27,3A4 0.5% Salary Adjusimantx 48,066 0.9% 51,477 0.9% 51,471 1.0% 65,532 1.2% 4020 Hourly 42,305 0.8% 9,960 019A 9,960 n.2% 91960 0.2% 4040/50 ComflissienAncantive 135,770 2.GA 190,216 3.2% 130,216 3.4% 117,669 3.3% 4110 Payroll Taxes 143,790 2 9% 168r531 3.0% 16R,531 3.2% 184,796 3A% 4120 MedicaMfv Inmuce 176,212 3.4'4i 204,806 3.6% 204,306 3.9Y. 219,859 4.a% 4130 ConraetLabor 5.392 0.1% 1,000 0.0% 1.000 0.0'Y. 1,200 0.0% 4140 Peneion Plrn/Armuity 245,025 d.7'Y• 222,172 3.9% 248,7M 4.7% 375,000 6.9% 4150 Workas' Compen.4ltion Itmursnce 21,279 0.4% 3d,167 0.6% 34,367 0.6% 40,648 0.7% 2,490,014 48.2% 2,683,740 47.5% 2,710,352 51.1% 3,037,831 35.9% other.;apcn%cs 6015 SubiaiptiorwTubliearicm 7,429 0.1% 7,350 0.1% 7,350 0,1% 7.691 0.1% _ 6060 Computer 106,rAZ 2.1% 1a1,448 1.2% 90.948 1.7% 60,692 1.1% 6080 Employee Trnining/Unife ms 6,535 0.1% 15,525 0.3% 16,523 0.3% 16,775 0.3% 6M EquipmeniLmse 31.403 0.6% 29,139 0.3% 29,139 0.5% 29,139 0.5ve 6100 Equipment RWAir R Maintcaaoee 12,879 0.2% 15,050 0:3% 15.030 0.3"R 1C,,070 0.311A 6110 G.= IIn¢arnna0 21,458 0.4% 24.007 0.4% 24,007 0.5% 29.558 0.5% 6120 lntersst/Bank Clrargoe 3,245 OAWA 3,630 0.1% 3.030 0.1% 3,630 0,1% 6130 Local Meatings 27.175 0.5% 17,170 0.3% 17,970 03% 20,270 0.4% 6135 Autontt k>ile Expense 53,0% 1.0% 59,160 1.00/0 57,660 1.1% 58,76n 1.1% 6140 Frofcasivnal Fces 35.273 O.TA 29,350 0.50A 29,3S0 0.6`1t, 39,750 0.7% 6150 Rent 18901 3.7% 121,810 2.2% 710,723 2.1% 62.rA3 1.2% 6155 Utiiitits 22MI 0.4% 25.500 0.5% 2S,500 013% 36,500 0.79/. 600 Svpplyl iac Expense 33,177 01676 29,520 0.5% 29,52D 0.6% 29420 0.5% 6190 Bad Debt Expenm 16,," 0.3% 0.0% 51000 _ 0.1% - 0.a% 566,946 11.0% 480,(%59 8.5% 462,272 8.7•A 410.298 7.6% Citpdal Expenditures 7010 Capital Outlay 51,069 Uft - 0.&/v 33,270 0.6% 0.00h 7010 ]T&E 285,470 5.)% 173,470 3.3% - 0.0% 7020 Principal Debt Strvioc 0.0% 92,252 1.6% 83.365 1.6% 178,127 3.3% 7030 Interest babt Service 31.796 0.6% 191,256 3A% 184,073 3 5X 177,853 ? " BZ.SGS 1,6X 568.979 10.1% 416,171; 9.0% 355,980 � Total Expenditures 4.720.920 91.48A SA84.217 $7.) % 5,302,732 l9.9Ye 9,434,071 100.01A Not Excess(Dellclo 444,GM 3.6% 162,661 ss> 2.9% 4.163 > a 9.1% 0 • e e 0-0% J' tcJ69 -16- 05/09/2005 16:08 7607703029 PALM SPRINGS DR CVA PAGE 12 Palm Springs Desert Resorts Convention and Visitors Authority 2005 Capital Expandltures Acgt+isition Dcscripticm of Imms Cost Technology Equipment/SoCtwam Wircic." Nettivork equipment for Board Kam Z, MAS90 modules for purchase etdar and job Costing (T2500/modu1e) $5,00d MS Officc XP user Beensc (5) 62,.500 Replacing outdated laptops for trade show and Board Room vse (3) �3,300 Priattr replacements (5) $1,5M Replacemeat of cell phooes/palm pilots $2,500 W R Server to Access Phutogmpbic Ubvuy $2.500 MAC Publication Softwarc/Hatdwxre Upgrraddcs 53,000 Subtotal Tcch Equip, i22-300 Offs -cc Equipment Specishrd IT C,abinctry $1,850 l ed Screen for Trade Show Use 1800 Fire Proof Media Safe $650 Subtotal.OfTce Equipment $3•3m Total Capital Exptnscs $25,600 Amount to be Financed 625,6w Projected CAI, ME Filamcing Rate 4.500/a Finnoce Term 5 yes 2005 Annual Opezatiag Cost: Debt Service - Principal $4.690 Dept Service - Interest 11044 Total Operating Cost $5,724 $5,724 r .}� •- Apt •... _ .... • , - . � • •..: •. • ...�a••• _ ��.,� , , ..: �;.; .... ,;:.;!�;s.!';: : ��r:..i;,• • :•, �: _ •lAc� ►Ar1=,. i �tJ��:?,a��.�V1it.7�• � Gl1[1J�4'� �'i.i .{Lf�• �'� ,'i••?:'r...�.:h: :in•_,r.: :.i. ,.a�..•-.'ti :.a+.•:1DlG7�R4+V•: �: CNUt3 All h"Ree, i1nr1#k*d splloNt We.,. r*t -17- W, MAY-12-2005 THU 09:43 AM LANDMARK GOLF CO FAX N0, 7607761 Attachment 6 May 10, 2005 La Quinta City Council 78-495 Calle Tampico La Quinta, CA 92253 LANDMARK RE: Palm Springs Desert Resorts Convention and Visitors Authority Advisory 13oard (CVA) liobutW1 (7ti C'hairmna Dear Councilmembers , Johnny Midi Rick Dees Greetings, I am writing this letter to you as a Vice President of Landmark Bill oevane John Elwsty Golf Company and as the Landmark corporate representative who is P Y rP P Larry (Ta(lin involved with the marketing of the City of La Quinta's SiluerRock Resort's I'd M:trinaro golf facility. I also serve as the current Chairman of the CVA's Hospitality Dr. Gil Morxin Do,) 01ilowyer Industry and Business Council and represent the Council as a non -voting Julinny Polt member of the CVA's Joint Powers Authority. Our HIBC group is an Mikc Shamalma integral part of the CVA, especially with its sales, marketing and publicity Arnie vowslrr Joe Wfllscr, Jr. efforts; and in fact, La Quinta Resort's Director of Sales and Marketing Mike Islava serves as a co-chair of the CVA's Marketing Committee. With the unfortunate current state of affairs at the CVA, I clearly understand the City of La Quinta's desire to review its involvement with the organization and to better understand how La Quinta benefits from the CVA. I sincerely hope the outcome of your City's review will result in continued support and participation in the CVA. As you know, I've been involved with tourism in the Coachella Valley for over 25 years. I Well remember the days of one convention bureau in Palm Springs; it was not allowed to show La Quinta Hotel to an interested client. I also remember the days of having a Palm Springs convention bureau and an East Valley bureau; the confusion for the meeting planners who wanted to tour the whole valley was frustrating and injured business. The answer then, as now, was one umbrella tourism marketing organization; thus a valley -wide CVA was formed. Convention bureaus across the country are recognized by corporate decision makers and meeting planners as the organization in a local area that can best synthesize the information, host site tours, represent the area at trade shows, administrate satellite offices and generate leads and bookings. It is then up to the various facilities and their cities to satisfy the customers and encourage repeat and windfall bookings. 74-947 Highway 1 i 1 . Suile 200 . Indian Wells, California 92210 Phone (760) 776-6688 • Fax (760) 776-6686 www.landmark9olf.com J' 71 MAY-12-2005 THU 09:43 AM LANDMARK GOLF CO FAX NO. 7607766686 P. 03 Although the current CVA has internal operational problems that need to be resolved in a timely and responsible manner, the mission of the CVA to sell our valley is intact and needs support rather than division, as the ultimate goal is to entice the clients and meeting planners to chose our desert's facilities rather than those in Phoenix/Scottsdale, San Diego or elsewhere. Our area has enough competitive challenges to overcome, such as seasonality and air transportation; we should not create additional negatives that will result from the absence of a viable area convention bureau. With regard to SilverRock Resort and its minimal golf operations marketing budget, there is a definite need for supplemental sales efforts through a convention bureau that offers marketing opportunities via the bureau's web site, co-op advertising programs, printed materials, site inspections, familiarization trips, publicity events and trade shows. Without an umbrella agency, SilverRock would not be able to financially consider the various opportunities listed above, nor would it have access to the exposure that is a benefit of the City's participation in the CVA's sales efforts. With the writing of this letter, 1 am asking that the City of La Quinta consider being a leader in the restructure of the CVA rather than discussing a withdrawal from the CVA. The CVA has a recognized and experienced sales staff that operates on a national basis. Your SilverRock Resort needs sales and marketing assistance through a synergistic umbrella sales and marketing agency such as a convention bureau. Our area has one in full operation; let's support our CVA and use it to benefit the City of La Quinta. It would be an expensive mistake to allow the current bureau to fail. If that were to happen: what web site would a tourist use to learn about our destination; how would a meeting planner coordinate a site visit for the area; what overview printed materials would be distributed; how would advertising for the destination be placed; how would travel writers gather information about our unique qualities, how would multiple desert cities afford and effectively benefit from trade shows and how would one city alone finance its sales and marketing efforts in a highly competitive world? Eventually, a new area umbrella marketing agency would be talked about and formed,,,and the cycle would begin again, at much greater costs! 72 MAY-12-2005 THU 09:43 AM LANDMARK GOLF CO FAX NO. 7607766686 P. 04 The CVA is a subject I know well. I would be happy to discuss it further with you. Over the past 25 years, I've been part of the group who has participated full cycle in this matter; please, let's not do it again! I am in hopes that we, collectively, will continue to move forward with sales efforts rather than reinventing the proverbial organizational wheel. I hope you will recognize the need and importance of valley -wide marketing efforts for your City and SilverRock Resort. cc; Mike Islava 311 73 f Palm Springs Desert Resorts Convention and Visitors Authority MEDIA ACTIVITY City of La Quinta Overview The CVA seizes every opportunity to promote new hotel properties, restaurants, attractions, events and other newsworthy information to press sources, domestically and internationally, as it relates to each of the eight member cities. While the CVA attempts to stay as current as possible of news and developments from each city, it must also rely on information from City Public Information Officers, local public relations professionals and other official sources. Whether it is in the form of an e- mailed or faxed press release, press kits, or simply a casual phone conversation, the CVA makes every attempt to follow-up and promote press leads as provided by its members. Aside from literally hundreds of personal press relationships the CVA maintains nationwide, with writers, editors, freelancers and key media outlets, the CVA also contracts with press representatives in the UK (London) and German (Frankfurt) markets. Both entities serve as an extension of the CVA into Western Europe, providing in -market delivery and penetration of promotional messages and media opportunities driven by the CVA. Monthly updates about all CVA media activity appear in the CVA's monthly board report, prepared exclusively for elected leaders from each of the desert's eight cities. CVA Website The City of La Quinta receives prominent -- and equal to the other seven cities -- placement on the home page of the CVA Web Site. A link to the City of La Quinta's Web site appears on the CVA homepage, as well as all web pages throughout the site. All key La Quinta community events and La Quinta CVA Partner events are listed in the CVA Web site's searchable Calendar of Events. Press During the calendar year, the CVA regularly pitches the press with story ideas about city events as information is made available. In the event information is not received in time for the CVA Dateline newsletter, the CVA, as a practice, attempts to forward press materials to its Southern California Media links, including the San Diego Union -Tribune, Los Angeles Times, and Orange County Register, as well as various high -profile freelancers. '1� CVA MEDIA ACTIVITY City of La Quinta — Page 2 CVA Dateline The CVA's Dateline publication is written exclusively to generate travel stories about CVA Partner activities. It is mailed to more than 3,200 domestic and international writers and editors each month. In the past several years, various Dateline issues featured the following information to benefit the City of La Quinta (hard copies attached) : • December 2004 — 46th Bob Hope Chrysler Classic • December 2004 — 2004 California Date Chef Competition • August 2004 — Opening of Hog's Breath Inn La Quinta • November 2003 — 451h Bob Hope Chrysler Classic • September 2003 — Opening of Arnold Palmer's La Quinta • August 2003 — Trilogy Golf Club La Quinta - Skins Game • June 2003 — Lake La Quinta Inn/Trilogy Golf Club La Quinta • April 2003 — La Quinta Resort & Club Renovation /AZUR • October 2002 — 44th Bob Hope Chrysler Classic • December 2001 — Desert Plein Air & La Quinta Arts Festival • November 2001— Opening of AZUR by Le Bernardin at La Quinta Resort • November 2001— 43th Bob Hope Chrysler Classic • June 2001— La Quinta Resort Family Summer Package • May 2001— Lake La Quinta Inn Romantic Summer Package • November 2000 — Desert Plein Air & La Quinta Arts Festival • November 2000 — 42nd Bob Hope Chrysler Classic • September 2000 — Desert's 100th Golf Course - Rancho La Quinta CC • February 2000 — 18th Annual La Quinta Arts Festival • December 1999 — 41 st Bob Hope Chrysler Classic 313 CVA MEDIA ACTIVITY City of La Quinta — Page 3 Recent Press Activity The following are samples of recent press opportunities the CVA has provided to La Quinta-based CVA Partners: July 27-29, 2005 NTV German Television is scheduled to be hosted by La Quinta Resort & Club for a destination/golf program that will air on repeated dates on German national television in Fall 2005. Interviews with the General Managers of La Quinta Resort & Club and PGA West, as well as a filming schedule at PGA and La Quinta Resort golf courses, are presently being finalized. May 1, 2005 Embassy Suites La Quinta and the Hog's Breath Inn La Quinta restaurant have been included in CVA advertorial that will appear in upcoming issues of M&C (Meetings & Conventions) and Western Association News publications; and on the web on the Meetings Media "Incentives " and Meetings West "Enhanced Listings " sites. April 18-21, 2004 La Quinta Resort and Club hosted London Sunday Mirror Travel Editor John Honeywell for a destination piece about the Palm Springs Desert Resorts. The piece is expected to appear in The Mirror in June 2005 April 20, 2005 Fodor's California Gold Guide writer Bobbi Zane visited The Hog's Breath Inn La Quinta and Arnold Palmer's restaurants on the recommendation of the CVA for inclusion in the 2006 guide. April 6, 2005 The CVA assisted La Quinta Resort & Club with having site fees waved at The Living Desert Zoo & Gardens for one of the hotel's inbound press trips, focused on family travel. January 13, 2005 La Quinta's Falls Prime Steakhouse & Martini Dome hosted a reception for 15 Canadian journalists, on assignment from Harmony Airlines. The trip, co -produced by the CVA and Palm Springs Tourism, promoted Harmony's new seasonal air service to the Palm Springs Desert Resorts. CVA MEDIA ACTIVITY City of La Quinta — Page 4 January 23-February 3, 2005 The CVA, partnering with Germany's Hilton Frankfurt Hotel, arranged to send PSDR restaurateur Lee Morcus to Frankfurt, Germany for a 10-day German media blitz focusing on California cuisine. Morcus conducted press interviews and provided cooking demonstrations themed on his liaison with actor Clint Eastwood, and as a direct promotion of La Quinta's new Hog's Breath Inn restaurant. November 19-23, 2004 Journalists from three of Germany's largest national media outlets were hosted by La Quinta Resort & Club for a PSDR destination press trip. The group was also hosted for cooking demonstrations by The Hog's Breath Inn La Quinta. Publications represented on the trip included Germany's Frankfurter Rundschau, Journal Frankfurt, and Frankfurter Neue Presse regional daily newspapers. October 4, 2004 Journalist Rowena Carr -Allinson, in the valley on assignment for another magazine, called the CVA for ideas about wedding locations. The CVA suggested, among other locations, La Quinta Resort & Club. Carr -Allinson visited the property on a side trip and the hotel appeared in the March 2005 issue of Wedding Ideas. September 14-17, 2004 La Quinta Resort & Club hosted a press group of UK writers researching the desert's celebrity history, coordinated through the CVA's London PR office (Magellan). Publications represented on the trip included: The London Sunday Mirror and Birmingham Evening Mail newspapers; the UK's Closer and `S' magazines; and the UK Press Association. August 2, 2004 Darren Styles of the UK's A Place In the Sun: Everything America toured La Quinta Resort & Club for a Fall magazine piece. April 20-22, 2004 Austrian journalist Robert Moser, of BWM Austria magazine (a high end men's glossy) was hosted by La Quinta Resort & Club and a round of golf at the PGA West Stadium Course. October 20-24, 2003 La Quinta Resort & Club hosted a press group of UK Spa writers, coordinated through the CVA's London PR office (Magellan). Publications represented on the trip included: The Guardian Unlimited newspaper and web site; and the UK's Image, Bentley, Harpers & Queen and Ideal Home magazines. �15 CVA MEDIA ACTIVITY City of La Quinta — Page S July 20-22, 2003 Preferred Destinations magazine writer Carolyn Graham visited the desert and was hosted for a spa treatment at La Quinta Resort & Club as part of the story. June 6-8, 2003 La Quinta Resort & Club helped put the valley's dry summer weather on the map by hosting a group of meteorologist journalists for Weathercaster's Weekend. The event drew attendees from media in markets that included: WKTV 2, Utica, New York; KTVU TV, Oakland; KRTH Radio, Los Angeles; KUSI TV, San Diego; KNSD/NBC, San Diego; KGTV 10, San Diego; FOX 6, San Diego; KFMB 8, San Diego; and KERO TV, Bakersfield. May 7-8, 2003 UK journalist Stephen Roe, Editor of UK Golf Monthly and contributor to the London Financial Times and Home Overseas, was hosted at La Quinta Resort & Club, where he played the PGA West Nicklaus Tournament Course and La Quinta Resort Mountain Course; and also dined with and interviewed Director of Golf Sales Jeff Zamensky. April 9-13, 2003 La Quinta Resort & Club hosted a press group of young UK adventure writers coordinated through the CVA's London PR office (Magellan). Publications represented on the trip included: InStyle, Maxim and Health & Fitness UK magazines; and The Sunday Scottish Express and UK Sunday Herald newspapers. March 14-17, 2002 La Quinta Resort & Club hosted the UK Travel Channel's Petra Shepard and crew. The resort appeared in the Travel Channel half hour segment produced that summer and aired throughout the UK and Western Europe. January 25-26, 2001 Lake La Quinta Inn hosted John Anderson of Michelin Travel Guides for research - and inclusion in the 2002 guide. 31s C VA DATELINE 017 ------------------------------------------------------------------------------------------------------------------------------------------------------------------- - ----------------------------------------------- THE DESERT'S LATEST AND GREATEST --- -- ............................ I ------------------------------------- ------- 1 -------- 1- Dateline is a story idea newsletter published specifically for the media. Please call us at 800-967-3767 for assistance with research, contacts, photography or brainstorming. December 2004 Media Contact: Mark Graves (mgraves@palmspringsusa.com) To receive this newsletter by e-mail or other requests, contact: labela@�palmsprinsusa. com Tay the Caviar and Lobster Omelet! It's doubtful you'll ever see Mrs. Parker in person, but she wants you to enjoy your stay with her, nonetheless. The ever -elusive image of this refined lady lives throughout the new Le Parker Meridien Palm Springs — or simply "The Parker" for short — from its $1,000 sevruga caviar and lobster omelet to the first class shuttle service you can have to your private jet, should you happen to have one. Formerly the famous Palm Springs hotel owned by Mery Griffin, and earlier, Gene Autry, The Parker is the result of a $27 million renovation to one of the desert's most enduring properties that has set its sights on offering five star service.. Want to swim in the resort's pool? Have a frozen pool towel. Care to relax in the shade outdoors? You'll be served a picnic lunch. The 13-acre property offers 131 rooms, 12 villas and the original Gene Autry residence, where the cowboy crooner lived for years. There are also two restaurants, treatments in The Yacht Club spa, four pools, red clay European tennis courts, 24-hour room service and, oh yes, Moroccan tea served upon arrival. There's also golf available next door at Seven Lakes Country Club's 18-hole golf course, where President Dwight D. Eisenhower once scored his only hole in one. Call (760) 770-5000 or visit www.theparkerpalmsprin sg com Media Contact: Charlie Robles, or CRobles@ParkerMeridien.com So ... will it be Kurt Russell vs. Joe Pesci ? • Recognized as likely the most famous golf tournament in the world, the 46th Bob Hope Chrysler Recogn y Classic hits the links January 24-30, 2005, once again drawing high profile players and visitors from around the globe. A sneak peak at the early 2005 play list includes Kurt Russell, George Lopez, Carson Daly, Andy Williams, Joe Pesci, Yogi Berra, Ah mad Rashad, Maury Povich, Michael Bolton, Alice Cooper, Tom Dreeson, and Cheech Marin. Host courses include Bermuda Dunes County Club, Tamarisk Country Club, La Quinta Country Club and the Arnold Palmer Private Course at PGA West. Parking is free. The televised event will feature more than 120 PGA Tour pros and 2004 defending champion Phil Mickelson. All net proceeds, which to date reach over $40 million, are distributed to local charities. For ticket information, course background and frequently asked questions, call 1-888-MRBHOPE (1-888-672-4673) or visit www.bhcc.com. For a list of tournament -affiliated hotels and information about what to do in the Palm Springs Desert Resorts, visit the Bob Hope Chrysler Classic web site at http://www.bhcc.com/link-s.html. Media Contact: Pat Bennett, (760) 346-8184. Palm Springs Desert Resorts Convention and Visitors Authority Serving the Desert Fesor` Communities, o' Fiversice Count.v Cathedral City • Desert Hot Springs • indian UVells • indio La Quinta • Palm Desert • Palm Springs • Rancho Mirage - --------- - ------ ------ - - --- -- ------ - - -- - ---------- - - --- ------- ----- .. -- - - - ---...... . _ ..... -- ..._ ..._._. - .� 18 I z/o`f 30 Years In Love Celebrating its 30t' years of world class tennis, the Pacific Life Open comes to the Palm Springs Desert Resorts March 7-20, 2005, at the Indian Wells Tennis Garden. More than 250 of the world's finest players will take to the courts, Andre Agassi, Jennifer Capriati, Andy Roddick, Maria Sharapova, Lleyton Hewitt, Lindsay Davenport, Roger Federer and Tim Henman, to name a few. The women's WTA main draw play will begin on March 9, while the men's ATP main draw will commence on March 11. The Pacific Life Open is the first major combined ATP/WTA tennis event on the U.S. calendar. It is one of only six major events in the world that provides a world -class venue, top prize money and ranking points, providing the best professional men and women competing simultaneously. For the finest in hotel accommodations and premium stadium seating, special 2005 ticket/hotel packages are available, "Five Great Plans ... Eight Great Hotels, " or take advantage of the 30t' anniversary ticket package specials that are available through December 31. All packages are available at www.PacificLife0pen.com or by phone at (800) 999-1585. Media Contact: Audra Silverman or Mark Beal, (800) 229-4758, Ext. 339 Where the Rubber Meets the Off -Road Palm Desert based Big Wheel Tours is expanding its outdoor adventure services. Now entering its seventh season, the company formerly known as Big Wheel Tours is offering hiking and rugged off -road driving tours of some of the most scenic and remote areas of the greater Palm Springs area. Hiking Tours can be as strenuous or as easy as each group desires and our informative and entertaining guides will share their knowledge of the area's natural history with clients. Hikes include well-known areas such as the Indian Canyons and Joshua Tree National Park. Biking Tours are on or off -road and rentals are available. "Where the Rubber Meets the Off Road" describes the company's new Off-Roading tours into Joshua Tree National Park, Red Canyon, the San Andreas Fault, even abandoned goldmines. If you think rugged means bumpy, think again. These adventures are in the comfort of a Ford Expedition. Hiking tours start at $59, Biking at $75 and Off-Roading at $109. Snacks, refreshments, and all entry fees included. Background: Founded in 1996 as a bike tour company. Media Contact: Evan Trubee, 760-779-1837, gotouringAbwbtours.com, www.bwbtours.com • Make a Date Date It's among the most unusual and tastiest events a culinary enthusiast could ever attend, and it takes place right here in the date capital of the United States. The 2004 California Date Chef s Competition, to be held at the historic La Quinta Resort & Club on April 10, will feature creative California chefs attempting to delight the taste buds of professional and amateur date lovers with original recipes. This year, 15 finalists will compete for over $5,000 in prize money. A panel of professional chefs will select the finalists' recipes based on the best use of dates, originality, preparation skill and presentation. Chefs will then have the opportunity to display their creations for final judging by a distinguished panel of food experts and the public who will vote for The People's Choice award. Date varieties eligible in the competition include Deglet Noor, Zahidi, Khadrawy, and Halawy. The Best of Show winner receives $1,500, and $1,000 prize money will be awarded for first place in appetizers, entrees and desserts categories. Each finalist will receive $100 for his or her recipe. Visit: www.DatesAreGreat.com or call (800) 223-8748. Contact: Pamela Bieri, (760) 568-4422 or rbieri@dc.rr.com 19 DESERT DIRT... HOT HAPPENINGS... "Dateline:" is a story idea newsletter published specifically for the media. Please call us at 800-967-3767 for assistance with research, contacts, photography or brainstorming. All telephone numbers listed are within area code (760) unless otherwise indicated. August 2004 Media Contact: Mark Graves (mgraves@palmspringsusa.com) If you wish to stop receiving this newsletter, please e-mail us: info@palmspringsusa.com Got `Que? Who says you have to go to Texas to get great barbeque? Located just off the beaten path in one of the Palm Springs Desert Resorts' very own unique cities lies what could be called "The Best Little `Que House Not in Texas" -- namely Tootie's texas barbeque in Cathedral City. Tootie's is not only a huge hit with the locals (you'll find blue collar and white, side -by -side, enjoying an order of Tootie's Texas Sliders on any given day), but Sunset magazine's July 2004 issue also named this most unassuming establishment to its acclaimed "Barbecue Hall of Flame," making Tootie's one of just 10 California restaurants to be named with the distinguished honor. After receiving reader's suggestions, 11 Sunset food writers were dispatched to canvas eateries in the West, with results of their search revealed in the July issue's article titled "The West's Best BBQ." Sunset remarks, "Texas expatriates Willard Sterling and Steve Vinson have brought some fine, fine `que to the low, low desert." You'd be hard pressed to find any Tootie's visitor who has a beef with that. Open Tuesday through Saturday for lunch and dinner. For menu and location visit www.tootiesbbq.com. Media Contact: Steve Vinson, (760) 202.6963. 0 "Go Ahead . e . Make My Plate" Ready for a Dirty Har7y Bacon Cheeseburger? Or maybe a High Plains Drifter Prime Rib or tasty Brisket With No Narne? There's a gauntlet of choices at the new Hog's Breath Inn La Quinta, the world's only second location of Clint Eastwood's original Hog's Breath Inn of Cannel. The `Desert Hog' opens this month in Old Town La Quinta as the latest of The Kaiser Group's eateries, sanctioned by Eastwood himself, a longtime Kaiser family friend. Boasting breathtaking second story balcony views overlooking the enchanted Santa Rosa Mountains and village below, the Hog features a cozy, intimate atmosphere with fireplaces and indoor/outdoor Saloon and dining areas, plus tasteful murals inspired by Clint's most famous roles. The menu includes Margaritas dubbed "High Noon" and "Pink Cadillac," while dishes like the Dirty Harry Dinner (Chopped Steak with Wild Mushroom); Any Which Way You Can (Chicken Breast prepared four different ways); and Coogan 's Bluff (top Sirloin Teriyaki) make a sudden impact on diners. Of course, one never knows when Clint himself may stop in. He might even play Misty for you. Information: (866) HOGS-888. Media Contact: Lee Morcus, (760) 568-2144 or EKMorcus(a�aol.com 69-930 NiGuW/�'T 1 1 1, SUIITF 201, PANCHO r,AIP4GE, ck,uFOPNI� 92270 - T 760-770-9000 F 760-770-9001 - WWW.P,A1 MSPPINGSUSA.cono SERVING THE DESERT RESORT COMMUNITIES OF RIVERSIDE COUNTY: CATHEDRAL CITY - DESERT HOT SPRINGS - INDIAN WELLS - INDIO - LA QUINTA - PALM DESERT - PALM SPRINGS - RANCHO MIRAGE (1�03 California's Own Cannes Film stars from around the world and thousands of visitors will converge in the Palm Springs Desert Resorts January 8 - 19, 2004, for the 151h Annual Palm Springs International Film s' Festival. More than 200 films will be presented from approximately 60 countries, including a majority of the films that will be submitted for consideration in the Best Foreign Language Film category at the Academy Awards. Heralded by the LA Times as "one of the best showcases for international film," the festival is routinely attended by film industry executives and filmmakers from across the globe. The event boasts an attractive film sales and distribution record and is seen by American distributors as one of the best Academy Award campaign marketing tools. The official film schedule will be announced in December. For information call (800) 898-7256. Background: Founded in 1990 by Mayor (later Member of Congress) Sonny Bono, the festival is one of the largest film festivals in North America, featuring city-wide cultural events, filmmaker tributes, industry seminars and award presentations. The Black Tie Awards Gala includes a `Lifetime Achievement Award,' going to past recipients such as Sean Connery and Frank Sinatra. Media Contact: Harold Matzner, 322-2930 or visit www.psfilmfest.org 40 Hope Tourney Forever a Classic This year, the world may have lost Bob Hope the man, but the legend lives forever with the tradition established by the Bob Hope Chrysler Classic golf tournament. Recognized as likely the most famous golf tournament in the world, the 45th Bob Hope Chrysler Classic hits the links January 19-24, 2004, once again drawing high profile players and visitors from around the globe. While the 2004 play list won't be revealed until December, the 2003 tournament included the likes of Yogi Berra, Michael Bolton, Don Cheadle, Joe Pesci, Alice Cooper, William Devane, Ken Griffey, Jr., Roger Clemens, Glen Frey and Andy Williams. The televised event will feature more than 100 PGA Tour pros and 2003 defending champion Mike Weir. All net proceeds, which to date reach over $37 million, are distributed to charities. For ticket information, course background and frequently asked questions, call 1-888-MRBHOPE (1-888-672-4673) or visit www.bhcc.com. .Background: The event will be held at various locations including Indian Wells Country Club, La Quinta Country Club, Bermuda Dunes Country Club and the Arnold Palmer Private Course at PGA West (host course). All parking is free. Media Contact: Pat Bennett, (760) 346-8184. The Art of Italian Dining When Piero Pierattoni left Florence, Italy as a young man, he was an award -winning artist with a passion for style. His father, however, had different plans, and that was for young Piero to enter the restaurant business. Combining the best of both worlds, Pierattoni opened the award -winning Ristorante Mamma Gina on El. Paseo Drive in Palm Desert, recently adding a taste of contemporary and avant-garde artworks from Arte Gallery, his studio just across the street. Of late, the gallery has become a favorite site for before -dinner cocktail parties and post -meal receptions, allowing guests the adventure of exploring paintings, sculptures, woodworks and blown glass pieces from celebrated artists of Poland, the Czech Republic, Australia, Veiuce and the United States. The concept is a first for the desert and Pierattoni's other Mamma Gina locations, found in California's Newport Beach and — whe7-e else? — Florence, Italy. Maim -na Mia! Background: Ristorante Mamma Gina has been recognized with a Wine Spectator 2003 Award of Excellence; Zagat Guide Certificate of Distinction as "a breath of Tuscany"; the 1997, 1998 and 1999 Golden Key of Excellence Award; The Golden Fork Award; and by the Gold Medal Restaurant Association. Visit www.manvliagina.com or viy-,A .artegallery.us. Media Contact: Paul Moultrup, 568-0330. 1 NEWS SCOOPS... DESERT DIRT... HOT HAPPENINGS... "Dateline:" is a story idea newsletter published specifically for the media. Please call us at 800-967-3767 for assistance with research, contacts, photography or brainstorming. All telephone numbers listed are within area code (760) unless otherwise indicated. September 2003 Media Contact: Mark Graves, mgraves(Q,palmsprinQsusa.com Ifyou wish to slop receiving this newsletter, please a-nzail us: i.n. o pahnspringsusa.coazz 0 Dine at .Arnie s He's won virtually every major golf tournament in the United States and around the world, has overseen the design of more than 250 golf courses in 36 states and abroad and even has a refreshing bar drink as his namesake (a special mixture of iced tea and lemonade!). Now Arnold Palmer's Restaurant will be added to this list of notable accomplishments when it opens in the Palm Springs Desert Resorts in October 2003. Located in La Quinta, just a few blocks from Palmer's home, the 320-seat facility will feature four dining rooms, bar area, a 100-seat patio overlooking a 9-hole Palmer -designed putting course and live entertainment. The menu features Arnie's favorite dishes, described as "American Comfort Food," with such offerings as prime steaks, pan-fried crab chops, meatloaf, pot roast, spaghetti and meatballs, chicken pot pie, barbecue baby back ribs, rotisserie chicken, beef stroganoff and Salisbury steak. A special Chef s Menu offers such dishes as swordfish, crackling pork shank and a very unique lobster macaroni and cheese. Bar opens at 3 p.m. daily. Dinner is served daily from 5 p.m. to 10:30 p.m. Media Contact: Mark Woolford, 771-GOLF. Revisit `Palm Springs Weekend'I963! Want to experience the real Palm Springs of the 1960s? Thanks to the Palm Springs Riviera Resort & Racquet Club and 1960s pop historian and author Hal Lifson, you can! The Riviera and Lifson will celebrate the 40th anniversary of the popular teen flick, Palm Sp1ngs Tfreekend, and the resort's Grand Re -Opening after an extensive two-year, S5 million renovation, with a free public event on September 25, 2003. Film star Connie Stevens and other celebrities that made Palm Springs famous — including Jerry Van Dyke, Lee Meriwether and Robert Conrad — will host a 1960s pool party, complete with 60s music, Tiki Punch and 60s beach balls. Afterward, guests can enjoy a special screening of the 1963 drive-in classic Palm Springs Tfl'eeke».d in the Riviera's Historic Mediterranean Room. Prizes, giveaways, food and drink specials will round out the fun. Background: The 485-room Palm Springs Riviera Resort, one of Palm Springs most famous hotel properties, is located at 1600 North Indian Canyon. Lifson, author of 1966, a celebration of "the coolest year in pop culture history," will emcee the event. Visit www.halhfson.corn. Media Contact: Ed Svitak, 778-6604 or Nyww.psnviera.com IT 7ir1� ,=.r�_ — - -- O'�')7/"1 c r 740-77J_0010^ ¢ �n-?�-�!�ri1 t �v`:"'v�'.I %^ Iv:�.C.>P�'.ii��`��!-�..rr, a.. ♦.r �v v v _ ✓ � SERVING THE DESERT RESORT COMMUNITIES OF RIVERSIDE COUNTY: CATHEDRAL CITY • DESERT HOT SPRINGS • INDIAN WELLS • INDIO • LA QUINTA • PALM DESERT • PALM SPRINGS • RANCHO MIRAGE NEWS SCOOPS... DESERT DIRT... HOT HAPPENINGS... "Dateline:" is a story idea newsletter published specifically for the media. Please call us at 800-967-3767 for assistance with research, contacts, photography or brainstorming. All telephone numbers listed are within area code (760) unless otherwise indicated. August 2003 Media Contact: Mark Graves (mgraves@palmspringsusa.com) Ifyou wish to stogy receiving this newsletter; please e-mail us: info@palmspringsusa.com i niogJ' New Home to Skins Gauze Television viewers across the country can enjoy those turkey sandwiches and leftover Thanksgiving fixin's by watching' the ConAgra Foods Skins Game at a brand new location, November 29-30. Defending champion Mark O'Meara will take to the links at the Palm Springs Desert Resorts new Trilogy Golf Club in La Quinta, which opened in February 2003 as the first desert layout by architect Gary Panks. According to officials of International Management Group (IMG) North American Golf, the course sets up perfectly for the Skins format with a good mix of risk and reward options, superb conditioning and quick, undulating greens. A new set of tees will be added on some holes to stretch the course from its listed yardage of 6,883 yards from the back tees to as much as 7,200 yards. The nines on the course will also be switched for the event. Background: Mark O'Meara won the 2002 game over Tiger Woods, Phil Mickelson and Fred Couples. The event has been held in the desert since 1986, at PGA West® (1986-91); Bighorn (1992-95); Rancho La Quinta (1996-98); and Landmark (1999-2002). Call 771-0707. Media Contact: Donnie Cude, 777-6173. Le Heridien Comes to Palm Springs Adding a significant presence to its list of worldwide hotel properties, Le Meridien Hotels & Resorts has announced the addition of Le Parker Meridien Palm Springs to its American portfolio. Formerly known as the Givenchy Resort & Spa, the luxurious 107-room and villas property is situated on 14 acres of manicured gardens and orchards near downtown Palm Springs. Le Parker Meridien Palm Springs will undergo significant renovations including the remodel of all rooms and villas, the 22,000 square foot spa, the restaurant and public spaces. A new guest swimming pool will also be added. Le Parker Meridien Palm Springs will be positioned as an exceptional destination for vacationers, business travellers and the meetings market. In addition to its world -class spa facility (ranked #4 in Conde Nast Traveler's Reader's Poll), the property offers gardens and orchards, walking and hiking trails, and six on -site tennis courts. The resort includes 10,500 square feet of indoor meeting space and over 30,000 square feet of outdoor event space. Background: Le Meridien is a global hotel group with a portfolio of over 135 luxury and upscale hotels in 56 countries worldwide. For more information visit: www.lemeridien.com. Contact: Katie Meyer katie.m.eyer@lemeridien.com or Jennifer Hawkins jenniferQhawkpr.corn. J.:.3 n non �i 7� n/nn -7� nnn�� nun _ _ r�l �H` �. -. --F�'K'�i >t_/ n a T /(D �_I J�."f �`1-71_1V� Vv�vi%,v,�.f"�,I`% F� -- SERVING THE DESERT RESORT COMMUNITIES OF RIVERSIDE COUNTY: CATHEDRAL CITY - DESERT HOT SPRINGS - INDIAN WELLS - INDIO - LA QUINTA - PALM DESERT - PALM SPRINGS - RANCHO MIRAGE 0&�03 0 Bed, Breakfast & Golf. Couples looking for a little golf in their romance will love Lake La Quinta Inn's special summer "Golf, Play & Stay" package, offered now through October 1, 2003. The four diamond bed and breakfast offers two nights in a lakeside chateau room (Friday/Saturday or Saturday/Sunday); a fully -cooked daily breakfast; nightly wine and hors d'oeuvres; a Saturday night dinner for two; and two rounds of golf on the desert's new Trilogy Golf Club at La Quinta -- all for just $419 per couple (plus tax). Situated on a beautiful secluded lake, Lake La Quinta Inn is reminiscent of a French Chateau and is surrounded by beautifully landscaped gardens, trees and a magnificent view of the imposing Santa Rosa Mountains. Call (888) 226-4546 or visit www.lakelaquintainn.com. Background: The Inn includes a pool and spa, beautiful dining room and salon, adjoining lakeside terrace, and arrangements for in-house massage, off -site dining and valley -wide attractions. The inn is operated with a personal touch that reflects four decades of attentive guest services. Trilogy Golf Club is the new home for the Con Agra Skins Game, to be played November 29-30, 2003. Media Contact: Tim Ellis (760) 564-7332 or stay@@lakelaquintainn.com Find Your Peace If you plan to celebrate World Peace Day on October 12, one the nicest places you could hope to be is at Palm Springs' Palapas of Araby Cove, an enchanting artists garden and nursery that will be the site of the 2nd Annual Palm Springs World Peace Day Festival. More than 3,000 visitors are expected to attend the event, beginning at 8 a.m. with free Yoga and Tai Chi classes. Vendors will display products and offer foods, including natural and vegan, while Palapas' resident artists exhibit their talents. Children's activities, varied entertainers and recording artists will provide music, while a noon ceremony will honor significant contributors to causes including Service By and For Youth, Animal Rights, Gay -Lesbian -Human Rights, and Mother Earth 's Environmental Appreciation Award. Sponsors include YogaMaya, Desert Light Network, Oasis Health Foods and Institute of Mentalphysics, among others. For details visit www.worldpeacedayfestival.com. Background: Children under 18 are free. A suggested donation of $5+ per adult is encouraged in exchange for raffle tickets representing sponsor gifts. Directions: www.palapas.net. Media Contact: Suzy Karasik, suzyPR@worldpeacedayfestival.com Test Drive a Cool Martini You can bet Sinatra and the Rat Pack "tested" their share of Martinis at the world famous Rancho Mirage "Compound" on Frank Sinatra Drive. Now, just a few blocks from Ol' Blue Eye's desert hideaway, The Yard House restaurant in Rancho Mirage is test marketing its latest libation: The House Freeze Martini, a dazzling new creation the restaurant plans to take company -wide in 2004. The icy concoction has a Slurpee-like consistency and is produced by a custom-made machine, giving the drink a visually striking stack -like effect. Served in a non-traditional 10-ounce martini glass, the mango citrus -based martini is mixed with signature ingredients of Absolut, Citron, Dekyuper Pineapple Schnapps and Wyders Peach Cider. A selection of eight Dekyuper flavor -enhancing floats can also be added including Amaretto, Sour Apple, Blue Curaco (orange), Razzamatazz (raspberry), banana, peach, pineapple or watermelon. Visit www.yardhouse.com. Background: The Yard House features an award -winning menu of American Fusion cuisine and is famous for its more than 200 on -site taps of draft beer and non-stop library of classic rock. Media Contact: Elizabeth Borsting, (562) 856-9292 or eborstinggyardhouse.corn r, n J Gable and Capra Should See Us Now! The legendary La Quanta Resort &Club©, once home to Hollywood greats like Frank Capra, Bette Davis and Clark Gable, recently completed its sweeping three-year, $60 million renovation. With its historical charm retained, the famed resort now boasts 177 new spa villas, updated interiors in all 800 guestrooms, a distinctive new restaurant and the addition of private poolside cabanas. The multi -million dollar renovation also includes updated furniture and soft goods in all guestrooms, new artwork, carpet, lighting and Talavera tile highlights in the bathrooms. Outdoors, the resort welcomes guests with expansive lawns, mountain views, lush gardens and new private poolside cabanas that feature teak furniture, ceiling fans, telephones, luxurious robes and data ports. A major showpiece is the resort's new restaurant, AZUR by Le BernardinTm, featuring the cuisine, ambiance and understated elegance of the famed Le Bernardin French restaurant in New York with fresh seafood flown in daily. The hotel's 800 guest rooms, including suites situated in Spanish -style casitas with views of the gardens or mountains, create an experience unlike any other found in the desert. For reservations call 888-564-1007 or visit www.laquintaresort.com. Media Contact: Lexi Ward, 564-5757 or lwardgkslmail.com Giraffic Park They're noted for their long eyelashes, giving birth while standing up and having tongues that can reach up to 18 inches. They are the awesome Canzelopardalis reticulata, and three of them, named Pona, Hesabu and Dadisi, now inhabit The Living Desert Zoo & Gardens' new Giraffe Exhibit. The giraffes live on an impressive two -acre compound that represents the first stage in the development of the zoo's African Savanna, and co -exist neck -in -neck with three new ostriches (Struthio camelus), also new to the Living Desert. Visitors can wander through the Savanna exhibit, cross a bridge, sit and relax amid a large watering hole, enjoy realistic rock work and exotic plants, view animals up -close and feed the gentle giants at a special feeding platform. Background: The Living Desert is home to some of the fastest land mammals on earth, the oldest mountain lion in captivity and the smallest foxes in the world. Reticulated giraffes (referring to the large, chestnut -colored patches defined by a network of fine white lines) are one of three giraffe species on earth, growing up to 18 feet tall, weighing between 1,550 to 2,800 pounds and consuming up to 12 gallons of water at any time. Call 346-5694 or visit www.livingdesert.org. Media Contact: Marcia Fisher, 346-5694 ext. 240 or mfisher@livingdesert.org Cathedral of Style Arts and home improvement enthusiasts have great reasons to trek to the Palm Springs Desert Resorts' Cathedral City. From April 19-26, visitors can enjoy a free public showing and sale of The Art of Frank Romero at the city's Desert IMAX Building Complex/Cathedral City Town Square, located at Hwy. 111 and Cathedral Canyon Drive. Recognized as Los Angeles' most famous Chicano studio artist and muralist, the exhibition will feature Romero's paintings, prints, sculpture, neon works and a mural from the film Pleasantville. Romero, who has produced art owned by Julia Roberts and Cheech Marin, has works displayed at museums, corporate offices and universities nationwide. On May 17th, from 10 a.m. to 5 p.m., the Cathedral City Chamber of Commerce will present the first -ever Perez Road Design District Home Show, featuring home improvement and design treasures found in the city's Perez Road district. Product booths, food and entertainment will line the streets throughout the day. The events follow the city's April 8 public commemoration of legendary film actress Mary Pickford's 11 Oth birthday, held at Cathedral City's Mary Pickford Theatre and Experience, featuring a special film screening and local celebrities. Media Contact: Lynn Mallotto, 770-0346. Jti5 7.2-7] SERVING THE DESERT RESORT COMMUNITIES OF RIVERSIDE COUNTY: Palm Springs Desert Resorts CATHEDRAL CITY - DESERT HOT SPRINGS • INDIAN WELLS - INDIO LA QUINTA • PALM DESERT - PALM SPRINGS • RANCHO MIRAGE "Dateline: Palm- Springs Desert Resorts" is a stog idea newsletter published specifically for the media. Please callus at 800-967-3767 for assistance With research, contacts, photography or brainstorming. All telephone numbers are listed in area code (760) unless otheriuise indicated. October 2002 Media Contacts: Gary Sherwin (gsherwin@PalmSpringsUSA.com) Mark Graves (mgraves@PalmSpringsUSA.com) We're Singing Your Sarong! Imagine yourself draped in a Polynesian print, sipping a cool drink and enjoying the charms of Hawaii, Tahiti or Samoa ... while sitting in Palm Springs! This very experience awaits those who yearn for the magic of the Pacific islands at Desert Polynesia: A Tiki Weekend in Palm Springs, presented by the Palm Springs Preservation Foundation, November 1-3. This three-day celebration of Palm Springs' architectural and cultural history allows visitors to explore the history and beauty of several Palm Springs' Polynesian-themed landmarks during one of the desert's most spectacular seasons. The weekend begins on Friday with a welcome reception and registration at the very hip Toucan's, A Tiki Lounge, followed by a special evening of strolling among nearly 50 unique retro- furnishing, art and antique stores on Palm Canyon Drive. Saturday includes architectural tours of the Wexler/Harrison-designed Royal Hawaiian Estates (1961) and Frank Sinatra's famous Twin Palms estate, followed by a Luau Reception at Caliente tropics Resort (1964), featuring lectures, slide shows, music, entertainment and book signings. The weekend is capped on Sunday with a Polynesia Film Festival that includes celebrity guests and screenings of television's Hawaiian Eye, Adventures in Paradise and Hawaii Five-O. For ticket information call (760) 837-7117. Classic Golf and Shining Stars • ' famous Palm Canyon Drive with a golf club The image of Bob Hope strolling down Palm Springs y slung over his shoulder is just one of the reasons the Bob Hope Chrysler Classic continues to be recognized as likely the most famous golf tournament in the world. Now in its 441" year, "The Classic" returns January 27 — February 2, 2003, drawing high profile players and visitors from around the globe. While the 2003 play list won't be revealed until December, the 2002 tournament included the likes of Justin Timberlake, Joe Pesci, Glen Campbell, Roger Clemens, Samuel L. Jackson, Kyle McLachlan and Andy Williams. The televised event will feature more than 100 PGA Tour pros and 2002 defending champion Phil Mickelson. All net proceeds, which to date reach over $37 million, are distributed to charities. For ticket information, course background and frequently asked questions, call 1-888-MRBHOPE (1-888-672-4673) or visit www.bhcc.com. Background: The event will be held at various locations including Indian Wells Country Club, La Quinta Country Club, Bermuda Dunes Country Club and the Arnold Palmer Private Course at. PGA West. All parking is free. Media Contact: Pat Bennett, (760) 346-8184. 1 C 47��r4 PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY-hW 69-930 HIGHWAY 111, SUITE 201, RANCHO MIRAGE, CALIFORNIA 92270 • TEL- 760-770-9000 • FAY: 760-770-9001 ` INTERNET http://www.PaImSpringSUSA. Singing Prodigy Debuts in Desert All eyes will be on Palm Deserts McCallum Theater for the Performing Arts on February 9 when 14-year old platinum -selling New Zealand singing sensation Hayley Westenra takes the stage. Westenra burst onto the music scene in her native New Zealand last May with a debut album that went triple platinum in six weeks. A bona fide star there, she is compared with similarly powerful singers Charlotte Church and Sarah Brightman. Joining Westenra at the McCallum will be New Zealand -born baritone and Rancho Mirage resident Max Jarman. Jarman was a leading singer with the San Francisco opera and is a recording star in his own right, most recently in collaboration on an album with Kronos Quartet. Tickets: (760) 340-2787 or visit www.mccallumtheatre.com. Background: Westenra was born in Christchurch, New Zealand. Since age six, she has partaken in violin, piano and recorder lessons, learned to read sheet music by age seven, and by age 11 had appeared in more than 40 musical theater and television productions. She recorded her triple platinum album last year, followed by a sold out concert tour of New Zealand. Media Contact: Judi Pofsky, (760) 346-6505, Ext. 104 or jpofsky(2amccallum-theatre.or nr The Mask of a Great Bartender He was selected `Bartender of the Year' by Bartender magazine and voted by readers of the Palm Springs Desert Resort's Desert Sun newspaper as making Melvyn's Restaurant at Ingleside Inn "Home of the Best Martini in the Desert." Now renowned mixologist Mark Myrick is providing the world with his latest concoction, The Marktini, an original creation recently featured on The Travel Channel and aimed at setting Martini aficionados on their ear. As a loyal servant to guests of Palm Springs' world famous Ingleside Inn and Melvyn's restaurant for more than 15 years, Myrick has masterfully prepared exquisite refreshments from behind a fully restored 1895 carved oak and mahogany bar for hotel guests and celebrities who imbibe from around the world. Background: The Ingleside Inn was built in 1925 as a private residence and converted to an exclusive retreat in 1935. Operated by entrepreneur Mel Haber since 1975, the property is famous for its celebrity guest list, which includes Clark Gable, Greta Garbo, Marlon Brando, Rita Hayworth, John Travlota, Liz Taylor, Goldie Hawn, Cher, Liza Minelli and Donald Trump. Media Contact: Mel Haber, (800) 772-6655 or visit www.inglesideinn.com Not Just Plein 01'Art Events! isThQ Art La uinta s Foundation offers two fabulous events for art lovers in 2002, beginning with Desert Plein Air: A Celebration of Outdoor Painting, January 21-27 and the 20th Annual La Quinta Arts Festival, March 14-17. Desert Plein features paintings created on location in the open air, such as landscapes and slice -of -life vignettes of people engaged in outdoor activities. The style was popularized by French Impressionists of the late 1800s. Contemporary masters will capture the beauty of the Palm Springs desert area on canvas, inspired by surroundings, images, and light. The event is held at various locations around the valley, commencing with a two-day public exhibition at the Foundation's new Center for the Arts, the inaugural event on the new 28-acre site. The March arts festival features over 250 juried artists from around the world, hosted by renowned television celebrity and producer Mery Griffin, who presides as Honorary Lifetime Festival Chairman for the event. Attendees can en j oy painting, sculpture, drawing, printmaking, ceramics, jewelry, photography and other design categories with live entertainment and food. Media Contact: Rommi O'Brien, 564-1244, ext. 106. Jti� La Quinta New Home to Cuisine Magniflique. The legendary La Quinta Resort & Club° has followed Paris and New York City to become home to AZUR by Le BernardinTM, the world-famous French seafood restaurant offering a delicate and innovative cuisine inspired by the best products available, coupled with unparalleled service. French native Maguy Le Coze, who opened the first Le Bernardin in Paris, and Chef Eric Ripert, co-owner of Le Bernardin in New York, will feature the cuisine, ambiance and understated elegance of their internationally acclaimed New York restaurant. Guests can choose between three and six -course prix fixe menus, with signature dishes that include marinated fluke in lime, ginger and ponzu; bouillabaisse featuring aioli crab cake melting in a rich saffron lobster broth; and poached skate wing with lemon brown butter and toasted hazelnuts. All seafood is flown in fresh daily from many of the same New York suppliers. The restaurant also offers a fine selection of international wines. Background: Built in 1926, La Quinta Resort & Club is a legendary resort featuring 800 guest rooms, unparalleled golf, 23 tennis courts, 41 pools and the 23,000-square-foot Spa La Quinta Media Contact: Chris Volk (310) 453-2539 European Pleasures Abound in Indian Wells The Tuscan -style, luxurious Miramonte Resort in prestigious Indian Wells offers great deals for winter visitors. The West Coast Opera Dinner Concert Series features a series of dinner show concerts with operatic highlights, Broadway and pop favorites. Concerts include an elegant dinner, in a private banquet room or outdoor location for just $75 per person. Dates are November 17, December 15, January 19, February 23, March 23, April 20 and May 18. Now through December 30, the resort offers two great packages: The Romance/Cabana Package, where guests paying with an American Express card can enjoy a special Romance package priced at just $299 for two nights E plus dinner for two in a private poolside cabana; and The Miramonte Golf Package, where a room and round of golf start at just $259 for two persons. The resort also now offers year-round Early Bird Dinners Italian Style, where three course dinners are priced at $15.95 through $19.95 from 5:00 p.m. to 6:30 p.m. daily (no coupons please). For information call the resort at (800) 237-2926 or visit www.miramonte-resort.com. Media Contact: Carolyn Patten, (760) 327-7957, E-mail: pattenpsgaol.com There's Always Hope for Duffers! Its not only a celebrity magnet, but likely the most famous golf tournament in the world. The Bob Hope Chrysler Classic returns for its 43rd star-studded year January 14-20, drawing players and visitors to the Palm Springs Desert Resorts from around the globe. While the 2002 play list won't be announced until December, the 2001 tournament included the likes of Troy Aikman, Yogi Berra, Marcus Allen, Rush Limbaugh, Andy Williams, Joe Pesci and Emmitt Smith. The televised event will feature more than 100 PGA Tour pros and 2001 defending champion Joe Durant. All net proceeds, which to date reach nearly 35 million, are distributed to charities. For ticket information call 1-888-MRBHOPE (1-888-672-4673) or visit www.bhcc.com. Background: The event will be held at various locations including Indian Wells Country Club, Tamarisk Country Club, Bermuda Dunes Country Club and the Arnold Palmer Private Course at PGA West. Parking is free and all courses lie within an eight -mile radius. Media Contact: Pat Bennett, (760) 346-8184. n r. t. 4�, y s ,a -..r.... a �•. :. ; � :...,: ..,::.::..- ., s . tii�.� ri ,ai�;r ::.. .. ....... .. n:. r. ...,.. .F. .. S3 g ( 1E SERVING THE DESERT RESORT COMMUNITIES OF RIVERSIDE COUNTY: Palm Sprin gs Desert Resorts CATHEDRAL CITY • DESERT HOT SPRINGS • INDIAN WELLS - INDIO LA QUINTA • PALM DESERT • PALM SPRINGS • RANCHO MIRAGE Dateline: Palm Springs Desert Resorts" is a stogy idea newsletter published specifically for the media. Please call us at 800-967-3767 for assistance with research, contacts, photograph, or brainstorming. All telephone numbers are listed in area code (760) unless otherwise indicated. Special Summer Edition June 2001 Media Contacts: Gary Sherwin (gsherwin@PalmSpringsUSA.com) or Mark Graves (mgraves@PalmSpringsUSA.com) Enjoy `Family Fun & Freedom' It's a wonderful life for families at the La Quinta Resort & Club, thanks to the `Family Fun Freedom Package' offered June 10 through September 5. The famous Spanish -style resort, where imaginative film director Frank Capra was a regular for more than 60 years, offers stays in its spacious casitas for just $99 per night with 25% off a second casita for the kids. The package includes 50% off admission to Camp La Quinta (a kids day camp), unlimited use of the Fitness Center, "Dive -in Movies" (movies shown by the pool) Friday and Saturday nights, and an indoor video arcade. Kids can also choose a free meal from the children's menu with the purchase of one adult meal. Other features include Family Scavenger Hunts, Family Olympics and Water Games. Background: Set on 45 acres of desert beauty, La Quinta Resort & Club features 800 casitas, suites and villas, 41 swimming pools, 54 whirlpool spas, 23 tennis courts, championship golf courses at La Quinta Resort and PGA WEST and the 23,000 square -foot Spa La Quinta for relaxation and rejuvenation. For reservations, call 800-598-3828, or visit www.laquintaresort.com. Media Contact: Carolyn Pendergast, (760) 564-5757 or cpendergast@kslmail.com. In Short: "Lights, Camera, Action... " The latest generation of budding Coppolas, Scorseses and Truffauts will descend upon Palm Springs for one of the coolest summer events in Southern California, as young filmmakers from around the world showcase their latest efforts at the Palm Springs International Festival of Short Films, August 3-7. Short films designed to move an audience to laughter, tears or excitement, in the form of videos, commercials and animated features, will be featured. Some last less than a half-hour and others less than a minute. Now in its seventh year, the festival has gained momentum to become one of the most anticipated summer events in the film industry. It has captured Hollywood's attention as a scouting ground for new filmmaking talent and is considered an absolute "must attend" for anyone in the business of buying or selling short films. Background: More than 6,000 people attended the festival in 2000. The event is designated by the Academy of Motion Picture Arts and Sciences as an award -qualifying festival and is accredited by the International Short Film Conference. Media Contact: (760) 322-4087, www.psfilmfest.org PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY 9 69-930 HIGHV'JAY 1 ! 1 , SUITE 2001, RANCHO ('MIRAGE, r-ALIFCRNIA 92270 - TEL: 760-770-9000 - FAX: % 60-i 70-9001 - INTERNET http://www.PallliSpfillgSUSA.Cc�I,., The Magic of Moonligh t Hiking When the full moon shines in the Palm Springs Desert Resorts, visitors can step out into the night for one of the most beautiful experiences they may ever have. Trail Discovery — Desert Safari's Moonlight Hiking Expeditions allow guests to trek across the silent desert terrain while a gentle blue moonlight illuminates all surroundings. Tours offer hikers a nocturnal journey through a magical world of lost canyons, arroyos, and sandy washes, where romances may start or be renewed, stress and tensions will melt away and the magnificence of the universe abounds. Guests travel by caravan or group bus to a remote spot far from the city lights, equipped with comfortable hip hiking packs, water, and flashlights. Knowledgeable guides are on hand to share information about plants, wild animals and Indian lore as they lead hikers away from civilization to a surreal world of stillness and silence. Tours include pick-up at local hotels. Group rates are available. Background: Hiking dates are May, 6, June 5, July 5, August 3, September 1, October 31, November 30 and December 29. Call (888) 867-2327 or visit wwv<T.desertsafari.com. Media Contact: Tia Kennedy, (888) 867-2327. 2001 .Family Travel Guide Now Available The 2001 Palm Springs Desert Resorts Family Travel Guide, a free four-color booklet with information about supervised children's programs and activities offered by the desert's world -class resorts and hotels, is now available. The guide includes beautiful color photos, important contact numbers and a map to the most popular family -friendly hotels and attractions in th.,e eight desert resort cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage. There are also descriptions about each hotel's child program and valuable family travel information such as proximity to restaurants or kitchenette availability, babysitting services, swimming and fitness, on -site golf and tennis, pet arrangements, hotel size and summer and winter rates. Background: For a free copy of the 2001 PSDR Family Travel Guide, write to the Palm Springs Desert Resorts Convention and Visitors Authority, 69-93 0 Highway 111, Suite 201, Dept. FG, Rancho Mirage, CA 92270; or call 1-800-41-RELAX. Visit the Palm Springs Desert Resorts on the Internet at www.PalmSpringsUSA.com. Media Contact: Mark Graves, (800) 967-3767 Ext. 112. Chateau Offers Romantic Summer Packages Couples looking for that perfect romantic summer getaway will love Lake La Quinta Inn's special Sunday through Thursday and weekend packages, now through October 4, 2001. The four diamond bed and breakfast'offers two nights in a lakeside chateau room, a fully -cooked breakfast both days, wine and hors d'oeuvres nightly, plus a $100 dinner allowance at nearby Kaiser Grill. Cost is $249 Sunday though Thursday and $289 weekends. Two rounds of golf can be added to either package for just $50, including a golf cart. Situated on a beautiful secluded lake, Lake La Quinta Inn is reminiscent of a French Chateau and is surrounded by beautifully landscaped gardens, trees and a magnificent view of the imposing Santa Rosa Mountains. Background: The Inn includes a pool and spa, beautiful dining room and salon, adjoining lakeside terrace, and arrangements for in-house massage, off -site dining and valley wide attractions. The inn is operated with a personal touch that reflects four decades of attentive guest services. Media Contact: Tim Ellis (760) 564-7332 or visit vvww.lakelaQuinta.com 33J Desert Art Events Make Great Impressions The La Quinta Arts Foundation offers two fabulous events for art lovers in 2001, beginning with Desert Plein Air, A Celebration of Outdoor Painting, January 21-28 and the 191h Annual La Quinta Arts Festival, March 15-18. Desert Plein Air features paintings created on location in the open air, such as landscapes and slice -of -life vignettes of people engaged in outdoor activities. The style was popularized 'by French Impressionists of the late 1800s. Contemporary masters will capture the beauty of the Palm Springs desert area on canvas, inspired by surroundings, images, and light. The event is held at various locations around the Valley, commencing with a two-day public exhibition at the La Quinta Resort & Club. The March Arts. Festival features over 250 juried artists from around the world, hosted by renowned television celebrity and producer Mery Griffin, who presides as Lifetime Honorary Festival Chairman of the event. Attendees can enjoy painting, sculpture, drawing, printmaking, ceramics, jewelry, photography and other design categories with live entertainment, fine wine and food. Media Contact: Rommi Fleishman, 564-1244. 42nd Hope Classic Tees Off February 12 The Bob Hope Chrysler Classic has a long tradition of attracting the world's finest celebrity contestants, including Presidents, and this year's tournament is sure to be no exception. The televised event will feature more than 100 PGA Tour pros, including 2000 defending champion Jesper Parnevik, and more than 30 celebrity players who in the past have included Yogi Berra, Joe Pesci, Vince Gill and Bill Murray. Sports fans can look forward to a line-up of athlete players similar to previous years, which have included the likes of Michael Jordan, Charles Barkley, Jeff Gordon and Roger Clemens. All net proceeds, which to date reach nearly 33 million, are distributed to charities. Background: The event will be held February 12-18 at the Bermuda Dunes Country Club, Indian Wells Country Club, La Quinta Country Club and the Arnold Palmer Private Course at PGA West. All courses lie within an eight -mile -radius. Media Contact: Pat Bennett, 346-8184. World's Largest Tamale Fest is Hot Ticket! More than 120,000 tamale lovers are expected to fill the streets of Old Town Indio for the only tamale festival in the Western United States, Dec. 2 and 3. The 9th Annual Indio Tamale Festival will offer every type of tamale you can imagine, from traditional and gourmet to special dessert tamales. Some 100,000 tamale lovers showed up for the annual holiday celebration in 1999 when 263 vendors sold 250,000 tamales for every taste. If you want to learn how to make your own tamales, chefs are on hand at the Cooking Demonstration Stage. Admission is free. . Background: The festival, which started in 1992, celebrates the Christmas season and the tamale as a traditional holiday food. Highlights include a televised parade (30,000 spectators in 1999), a carnival, children's activities, folk dancing, bands, cooking demonstrations, and tamales, tamales, tamales. The City of Indio sponsors the event. Contact: Indio Tamale Festival, 342-6532. Web site: www.tainalefestival.org Palm Springs Desert ResortsSERVING THE DESERT RESORT COMMUNITIES OF RIVERSIDE COUNTY: CATHEDRAL CITY - DESERT HOT SPRINGS - INDIAN WELLS - INDIO LA QUINTA - PALM DESERT - PALM SPRINGS - RANCHO MIRAGE "Dateline: Palm Springs Desert Resorts" is a store idea newsletter published specif cally for the media. Please call us at 800-967-3767 for assistance with research, contacts, photography or brainstorming. All telephone numbers are listed in area code (760) unless otherwise indicated. September 2000 Media Contacts: Gary Sherwin (gsherwin@desert-resorts.org) or Mark Graves (mgraves(a�desert-resorts.org) If you wish to stop receiving this newsletter, please e-mail its. 0 100t't Golf Course Set to Open November 4 On Saturday, November 4, the Palm Springs Desert Resorts will welcome the opening of its 100`h golf course, located on the gorgeous, mountain -view grounds of Rancho La Quinta Country Club, at 48-'500 Washington Street in La Quinta. The new course, which developers say will complement the country club's existing Robert Trent Jones, Jr. course, was designed by 1976 U.S. Open Golf Champion Jerry Pate. It is the first course Pate has designed west of the Mississippi. Rancho La Quinta also opened a new, 23,000 square -foot, early California -style clubhouse in April, located between the Jones and Pate courses. Background: The Palm Springs Desert Resorts' 100 golf courses include 46 public/semi- private, 10 reciprocal and 44 private courses. Both Rancho La Quinta courses are private. A private opening celebration for members only will be November 4 and include a ribbon cutting, official first tee shot and an evening reception. Rancho La Quinta's Robert Trent Jones, Jr. course was the site of the 1996, 1997 and 1998 Skin's Game. Contact: John Cummings, 777-7748. Ballantines Opens Movie Colony Location Springboarding on the tremendous success of their highly acclaimed retro-modernist Ballantines hotel, Scottish' entrepreneur Fraser Robertson and English artist Sarah Robarts will open Ballantines Movie Colony Hotel in October 2000. Originally opened as the San Jacinto Hotel in 1937, the Albert Frey -designed property became a favorite hideaway for celebrities, many who eventually built homes and established the famous Palm Springs Movie Colony. The completely refurbished hotel features stark white lines of Bauhaus - influenced architecture, a new Jacuzzi and pool with breathtaking mountain views, private balconies, lush gardens and outdoor fire pit. Classic 50s furniture, vinyl headboards, meltnac plates and original 50s fabrics combine with stunning pieces by Eames, Knoll, Miller and Loewy to create a quirky environment for the hotel's 16 rooms and three townhouses. Background: Rates start at $139 and include Ballantines' signature in -room classic 50s .; movies, 50s style music by poolside, in-house breakfas+, evening refreshments and more. Media Contact: Sarah Robarts, 320-1178. 7 PALM SPRINGS DESERT RESORTS (CONVENTION AND VISITORS AUTHORITY G9.930 HIGH;."Y 111, j! t- 201. P,;-,N`tiO MIRAGE, CALIFORNIA 92270 - TES: 760-770-9000 - FAX- 760-770-9001 - INTERNET http://www.PaImSpringsUSA.c�m J .j 2 Go Hog Wild Everyone was born to be a little wild, so why not strap on your leathers, don your shades and thunder through the beauty of the Palm Springs Desert Resorts on an authentic Harley- Davidson motorcycle? Eagle Rider Harley-Davidson of Palm Springs makes it all possible, offering novice and experienced easy riders their choice of new and classic Harley models including Electra Glide, Road King, Fat Boy, Sportster, Softail Custom, Dyna Low Rider and Heritage Springer or Softail Classic. Rentals are available for day trips or weekend and month long outings. We think you'll be Fonda the experience! Background: Riders may take guided tours of the Palm Springs Desert Resorts and surrounding mountain areas or journey out on their own. Maps are available of popular riding routes throughout the Coachella Valley. Riders must be 21 years of age. Contact: Joe Bundura, 251-5990. Merv's Event is a Work of Art • More than 200 preeminent artists from the United States, Canada and Mexico will present their finest works at the 18`h Annual La Quinta Arts Festival, March 16-19, in La Quinta Village. Renowned television celebrity and producer Mery Griffin presides as Honorary Lifetime Festival Chairman of the nationally recognized event, which convenes painting, sculpture, drawing, printmaking, ceramics, jewelry, photography and other design categories with live entertainment and fantastic food. The festival is set against the backdrop of La Quinta's majestic mountains -- perfect for viewing and enjoying the finest offerings of some of the world's most original and distinguished artists. Background: The Festival is ranked in the top three fine arts shows in the country by Sunshine Artist magazine. Griffin spent 23 years as host of the award -winning "Mery Griffin Show" and is creator of the popular "Jeopardy" and "Wheel of Fortune" television shows. He lives on a ranch in La Quinta where he breeds Arabian racehorses. Contact: Theresa Maggio or Rommi Fleischman, 564-1244 Who Wants to he a $1.25 Millionaire? The Nabisco Championship, the most anticipated golf tournament on the LPGA Tour, brings its rich tradition, splashy finishes and a first -ever $1.25 million purse back to the Palm Springs Desert Resorts for a week of fun and fanfare, March 20-26 at Mission Hills Country Club in Rancho Mirage. Nabisco champion Dottie Pepper will return with the hope of joining hall-of-famers Amy Alcott and Betsy King as the only three -time Nabisco champions. More than 100 of the world's top professional women golfers will also compete for the coveted Nabisco title and $1.25 million purse. Background: Mission Hills Country Club has been home to the tournament for 29 consecutive years. The tournament is world famous for its tradition of winners taking a victory leap into the lake on the 18`h hole, started by Dinah Shore and three -time champion Hall of Famer Amy Alcott in 1991. The event is previously known as the Nabisco Dinah Shore. Contact: April Wilborn or Donna Hahn, (949) 757-0520 nI jo3 Hope Greets 2000 with 41" Chrysler Classic • The Bob Hope Chrysler Classic has a long tradition of attracting the world's finest �'Y celebrity contestants (including several Presidents!) and this year's tournament is sure to follow suit. The televised event will feature 127 PGA Tour pros, including 1999 defending champion David Duval, and more than 30 celebrity players including Samuel L. Jackson, Rush Limbaugh, Leslie Nielsen and Richard Karns. Sports fans can look forward to a line-up of athlete players similar to last year, which included Michael Jordan, Charles Barkley, Jeff Gordon and Roger Clemens. The Bob Hope Chrysler Classic is the first PGA Tour event in the continental United States in 2000. All net proceeds, which to date reach nearly 32 million, are distributed to charities. Background: The event will be held January 17-23 at the Bermuda Dunes Country Club, Indian Wells Country Club, La Quinta Country Club and the Arnold Palmer Private Cr% irca of Ur A ��1Act \iV wJV aLi Contact: Michael Milthorpe, 346-8184. New Ropes Course Corporate Learning Center The Uprising Outdoor Adventure Center in Palm Springs and Aquarius Training & Development, corporate training experts for the past 17 years, have partnered to produce one of the most exciting corporate team building facilities of it's kind in the world. This brand new High Adventure Ropes Course Team Building facility delivers high energy camaraderie, cooperation, and fun for work groups who need to work better together. An integrated program of High Ropes Challenges and academically based problem solving exercises and organizational simulations make this a powerful tool for team development. Groups from five to 500 can enjoy half -day to three-day programs. Background: Uprising Outdoor Adventure Center features a broad range of group outdoor adventure programs. Aquarius Training & Development, a consulting and training firm, has served more than 60,000 corporate professionals. Contact: Paul Blanchard (Uprising) 888-254-6266; Bart Berry (Aquarius) 800-328-5776 Free Guide Will Rub You the Right Way When was the last time you treated yourself to a Pancha Karma or Shiatsu massage? How about a moor mud treatment, seaweed wrap or champagne facial? These are just a few of the world class spa therapies you'll find in the beautiful full -color Palm Springs Desert Resorts Spa Guide, and it's yours just for the asking. A helpful information grid, listing price ranges, services and location of more than 20 exceptional spas is included. Background: The Spa Guide is free and can be requested by writing to the Palm Springs Desert Resorts Convention and Visitors Bureau, 69-930 Highway 111, Suite 201, Rancho Mirage, CA 92270; or by phone at 1-800-41-RELAX. Visit the Palm Springs Desert resorts on the Internet at www.desert—resorts.com. Media Contact: Mark Graves, Communications Manager, 770-9000 ext. 112; or e-mail: mgraves@desert-resorts.org. PRINT SAMPLES J�J January 2005 ��- _ A, MIA A �r r• �.'�.• 1 � ,` '�' ,a.,r.+d1t„�y,.t.nga� "''ice+. ,�'1 _mac. M�A�.- �. • A Film: Diamonds Are Forever (1971) Location: Elrod House, Palm Springs, California Bond: Sean Connery Bond girls: Tiffany Case (Jill St John), Plenty O'Toole (Lana Wood) I was half expecting to meet Bambi and Thumper - the bikini -clad bodyguards who greet Bond on his arrival at reclusive millionaire Willard Whyte's mansion - as I toured this home, perched in the mountains above Palm Springs valley. The futuristic glass and concrete dwelling, carved into the rock face, was used as a spectacular film set in Diamonds Are Forever, and Shirley Bassey's theme tune was belting out inside my head as I took in the decor and remembered how the fight ended up in the pool outside - ' with Bond the victor, naturally. When the house was built in 1968, for celebrity interior designer Arthur Elrod, he told the architect (John Lautner) that he wanted an extraordinary home - and 'a he got it. In those days _ Y.•,,!, his parties for the jet set were legendary. The house oozes drama, integrating sleek, cutting -edge architecture with natural rock formations, to stunning effect. The floor is carved into the rock so that huge granite boulders are roof height and the natural landscape is literally brought into the house. Today no one lives in the Elrod home, but you can hire it for a special event. If only my bank balance would allow. The desert resorts in Palm Springs became a playground for the stars in the 20s and 30s, when the area became the perfect retreat for Hollywood's elite who wanted to escape from the tabloid press. Palm Springs is still a mecca for the rich and famous and the ideal stomping ground for would-be Bond girls and suave secret agents. While Bond girls may want to be pampered in a spa or snap up some designer gear in the trendy boutiques on Palm Canyon Drive or El Paseo Drive, 007-types can sip a vodka martini at the exclusive piano bars or try their luck at the casinos. Just a plane -hop away from Palm Springs, the coastal resort of Santa Monica is also a perfect place to sample the James Bond lifestyle. But where Palm Springs has a rich history of old time movie legends, Santa Monica is much more of a modern upstart. This laid-back beach resort attracts celebrities because of its relaxed style. And nowhere is more relaxed than Chez Jay, a dive bar with a jukebox and a spit -and - sawdust attitude, where Julia Roberts and Sean Penn are regulars. But Santa Monica also does chic for trad celebs. Go shopping on the exclusive Mon Avenue to rub shoulders with movie stars, if your budget can't stretch to a night at th Viceroy Hotel, try dinner in the hotel's imp Whist restaurant. Diners are served behind billowing, white curtains in a poolside cabana that will give you a true taste of life as the other half live it. Jan Brierley American Airlines (08457 789789; www.americanairlines.co.uk) offers return flights from Heathrow to Palm Springs (via Los Angeles) from 1346. La Quinta Resort & Club, Palm Springs Desert Resorts (www.laquintaresort.com) offers rooms from 1150; The Viceroy, Santa Monica (www.viceroysantamonica.com), offers rooms from 1150; and the Casa Del Mar, Santa Monica (www.hotelcasadelmar.com) from 1180. For more information on Palm Springs visit www.palmspringsusa.com; and for Santa Monica, visit www.santamonica.com. Film: Die Another Day (2002) Location: Andalusia Bond: Pierce Brosnan Bond Girls: Halle Berry (Jinx Johnson) and Rosamund Pike ( Miranda Frost) He may tackle evil villains wanting to take over the world, jump out of aeroplanes and ski down perilous slopes, but I bet James Bond couldn't keep five boys entertained in Spain for two weeks. With this Clockwise, from bottom left: Jan gets used to the Martini lifestyle in Palm IV. filf Springs; palm trees J"on a golf course with • �'��+r a view of Mount San Jacinto in the Palm Desert; an idyllic r , Andalusian village ..., .., ,4 seen from the terrace of a luxury ; ,� • bw � hotel in Arcos de la �'%`� ' � = 4 � ��'�•'. - Y Frontera, Spam; Margaret's family her ,. playing in the �^P ,, 0.1 villa's own pool r i f .� ' '•i41 1 ,- ; 4F is • �1 M ` RN St+: ' ....: l•- -y. i:. mil. . a S-y�,"� � y! t� ;A �}�°�';y I,.y� v T. e +q r MAIL- �Ak A 3.;i�P ry''7 'i'x)5't�32n.M 1338 E i i; njoyed our winter we booked up for 'pover at the Alton 31 just a few days .mas. It was one of e offers designed to al festive feast over 1d the New Year. i`our one-night stay i Santa's Grotto fol- n excellent panto - ion of Cinderella. say, our kids threw to both. istmas dinner went the Secret Garden fore my daughters it night off at the e crowning glory I morning ;eluded our visit with hie of hours in the thought my two girls to explode with hen they clapped wacky waterworks •e them. hit the water slides long the Lazy River, ,'swim in the heated I. ihich fell around me ithe steaming water to the atmosphere stay. jm £93.75 per leisure breaks hild per night. ars +), £39.50 T was inevitable really A trip to Santa p 1b10 S ca and rings palm promised A"list celeb- rities on every bar d every street stool and we must corner�icked the week they all went into hiding- it reallymat- Not that tered, though' California, This beingutted around everybody were famous as if they missing out anyway, an s latest hen on Britney Colin Farrell night hardl spoiled our binge yf these two enjoyment o hotspots- - first. A 20- Sca . ta. drive from Los minute. Airport, this Angels city is eve beaelnf ' n of what the Brit's vrsron The bodies is aree bronzed i-clad, the Pace is and bikin d there's almost frenetic an nto see and do too much (and did I mention that the bodies were bronzed and bikini-clad?)- e stayed at The Viceroy Hotel and Hotel Casa Del Mar during our three- day stay, the Vid Casa a fashionable an more traditional example _i of the ar- of the tope offered real. Both tar service. lux- uryand live ca is relatively Santa Nloni makes it easy small, which to check orrl ocean Avenue Chez Jay kind dingy but chic is the kin dive it's easy to imaginewhile cock- celebs using' at classier tails flowed like Lin- establishm Wilshire cohn s °n Boulevard - Eating out was as good as you might expect. Whist Restaurant, The Georgian Hotel and Border Grill were exceptional' but the t meal had to be at best ther'celebrity spot' The an Lobster Grill (1602 Ocean Avenue). gained about Locals comput that just the price , ex ensive showed oLrt is in the UK. eating 30 for a three From meal you get course views of the sun amazing the Pacific setting over surely even Bruin's Ocean -Balti Belt doesn't a STAR SPOT. Santa Monica's 3rd Street Promenade (above) and Muscle Beach (right) 1i The bodies are bronzed, the pace is frenetic and there's almost too mach to see and do do a Lobster curry! During the day, down- town has a wide range of shops and boutiques for every taste and price bracket, the Main St Farm- ers Market is an interesting curiousity, and many hotels have spa centres - we took the opportunity to indulge in a fantastic Swedish massage at Le Merigot Hotel (1740 Ocean Avenue). Meanwhile, probably the most enjoyable afternoon was also the cheapest. You can hire a bike from Blazing Saddles (2400 Ocean Front Walk) and lazily pedal alongside the beach on the miles of cycle paths, from Venice Beach past where Baywatch was filmed and all the way to Malibu. On another transport theme, try out a Segway. These astonishing little electric vehicles respond to the balance of the rider, and simply by leaning backwards and forwards you can fly along at speeds of up to 15mph. They defy comparison (except maybe to Michael J Fox's futuristic hover - board in Back to the Future 2) and are brilliant fun if you dot mind looking a bit silly. You can get a 40-minute American Eagle flight from LA to Palm Springs but my advice is - don't. It's a bumpy old ride, and when you add checking in and checking out times, it's quicker and less hassle to drive (and the scenery's great, too, as you head into the desert). Palm Springs was the playground of the stars in the golden days of Holly- wood - and being mostly dead, those celebs (or at least their homes) are a lot easier to spot. A fun celebrity bus tour shows the homes of leg- ends like Bing Crosby, Frank Sinatra and Elvis Presley, plus the state's current governor Arnold Schwarzenegger. Sinatra's first home can even be rented out, and -while it's' ..: ,•. �,y., :`F ..._ -.. '6>., ,.7,a:;,.�o � i T '�" 14�., :i r,. � k4��;a�'a"1 •} � �t :b*,�x�",�'. _.L „�,;; .Yi:..:�:. not cheap it is authentic it topped 100 degrees every (right down to the cracked day so cooling afternoons i., k ;, w sink where the Mob's by the pool are especially favourite crooner threw an appealing at La Quetta. American Airlines flies direct to Los Angeles ashtray at Eva Gardener). By nights when it cools from London twice a day. Return fares in Our base in Palm Springs (slightly) there are plenty s h October start from £298.10 (subject to Return flights from was the La Quinta Resort, of great restaurants availability and conditions). whose long and short-term around, again offering � . London to Palm Springs (via LA) start from guests have included mammoth portions for less 1 ; around £346. Fares permitting a stopover in LA Greta Garbo, Clark Gable than mammoth prices. k,, ^ also start from £346. For bookings and flight and Posh and Becks. The As we're constantly' _. information call 08457 789 789 or visit location is plush enough reminded, America is 'apt =� www.americanairlines.co.uk even for a Beckham, and a very different place after 6 For more information on Santa Monica, visit good deal more . September 11', and airport `' the Santa Monica Convention & Visitors Bureau website at www.santamonica.com and for more sophisticated. security now extends to removing and X-Raying information on Palm Springs and the Coachella There are swimming pools on every block, a your shoes. :'„ Valley, visit the Palm Springs Desert Resorts number of fine restau- Election fever was in the Covention & Visitors Authority website at rants, spa treatments and a air when we travelled, and vt+t��w.paimspringsusG.com Rooms at The Viceroy, Santa Monica start series of -,yell-rerioNvned wolf courses and tennis anti -George Bush feeling high but a bi Y sur }�i ise was g ' k from $289 per room per night for acity-view o arts, ho�v popular the Reputli room and. $339 per room per night for an T a Quanta is an amazing can Schwarzenegger had � as O« ,w.v ceriew room (wu�'w.viceroysantamonica.eom ar:c rooms at resort and as such has become in such a staunchly, the Casa del Mar start from $405 taer room, per luxury prices, but -%6th Democrat state. But celeb night for a non -ocean view roc rr and $605 per sommore affordable e city is evervthing in Cali- room. per night for are ocean vieEa� roorr5. rooms, it doesn't have tube foinia, after all. Reservations are available at vArrt� .hotelcasa e :i e.lsive. With properties in both - de!mnancom and via phone at. (v1 Z Tile pace of Palm Springs cities, the 'Governator' has 7 C Floorn rates at the La Quinte� E Res;C�r &: Club, iti noticeably slower than chosen Santa Monica and G SCC In ^ ,'`t �nr rf C:'� �r rijrr�f .-.r�nc 6•Yric+r ! 1.'l'i lLLa, IV UL.000I,) h� tter. Even in September, .-aLU �141.'li t"cill v CJ i'U C::Y a ti4 G'%l I'll be back. 14"as fairned in Santa !✓Gnica (ve•vL��i'.Iac�uirdtaresor�.cvr� E;. Brilliant ideas Make it the best day gowns Every size, shape . - tyle. All in here! p very budget 101 m =haves..... - • � p � e l"�ts P �gift forg oGreat:.Y ttr rate' room x Fa ulous favours h Look! We fours our R . antic treats 11 g cakes Bring your to ifej- jjjjj N 1-00+ pages of beautiful new dress c� i'ions N17, fi ��. V- 10 fabulous weddings to give `�I g g you inspINLI r.::. i 1W,7, go Id F Ed I I a I ip. Id Don't miss Margaritas by the pool and the fantastic spa where you can escape to the sanctuary before trying an orange blossom body facial. Fora taste of natural hot springs and a more holistic approach, the legendary Two Bunch Palms is about mind, body and spirit. The spa that was once Al Capone's hideaway now offers native American treatments. -777W -Getting blessed by the Four Directions and sage -smoked is not " for everyone, but the cast of Friends, �� Rosa Mountains is so convenient) Springs, y Robin Williams, Barbara Streisand, located, even Brad Pitt and Jennifer Mel Gibson, Donna Karan and Rene California Aniston who stayed at home for their Russo are all regular visitors. On a honeymoon, managed to make it different level altogether, the modern Honeymooners: Brad Pitt & down for a few days' pampering. A cutting edge facility at the Hyatt's Jennifer Aniston and Elvis & fantastic resort, La Qu Priscilla Presley he ris both luxurious and exotic. The Spa is ideal for serious cleansing and resort is purifying and is just yards away from cleverly laid out within citrus groves, the golf club. Palm Springs is just a couple of with each small area having its own hours' drive away from Hollywood _Y swimming pool. Swaying palm trees Where to stay: La Quinta. and has been a staple hideout for against a brilliant blue sky, neon pink For more information the glitterati since the swinging 50s. lilos and exotic plants give the resort the rt The desert oasis below'the Santa www visit or call a true California dreamin' touch. 0800-598-3828 couples only, every effort is made to ensure maximum privacy. Solitude and seclusion is guaranteed with remote picnics and romantic e4 xF. horseback "rides. So, with '14 beaches 7 and 14 gorgeous huts, that deserted i beach paradise is well within reach 11 ,. after all. Rr ,y The thatched cottages have x - traditionally hand-woven 21-foot vaulted ceilings, beautifully rustic �- , four-poster beds and golden walls t. Ulitl with soft terracottafloors. Although � paradise, Turtle Island ndHi sa textbook there's every and fn i convenience, the des Celebrity honeymooners: Jessica honeymoon escape. Deserted '' g J beaches, thatched cottages and eel is definitely Fijian. g No TVs or newspapers here to Simpson & Nick Lachey, Britne y crystal clear waters, and constant Spears &Kevin Federline remind you of the 'real world'! But, 'sunshine make it the obvious who needs the real world when each destination for romance. And if you Britney's recent nuptials dominated think you've seen it before you have! cottage has postcard -like views of the media, as did her honeymoon in Its pristine lagoons even made the the lagoon and an outdoor veranda the paradise -like islands of Fiji., She private island the perfect location for eslsenti lesiesta lcomingm 7-bed for that followed in the footsteps of other the '.Blue Lagoon' movie starring publicity -hungry honeymooners, Brooke Shields. Nick Lachey and Jessica Sim son. Where to stay: Turtle Island, Fiji. p With only 14 huts dotted across Visit wwwturtlefiji.com or call Long considered the typical tropical the 500-acre island, catering for 0800 028 5938 201 x Y RES OR T SPAS and a Vichy shower. Finally, your relaxed and warmed body is given a rhythmic massage. x-FACTOR The small but perfect health spa is purpose-built with five state-of-the-art treatment rooms — two with Vichy showers, private Jacuzzis and a leaf -shaped massage table handcrafted from recycled melaleuca wood. Access is via a wooden footbridge, creating a feeling of sanctuary from the outside world. c> oS z, t,= s i D F Having to leave. Exploring the extraordinary rainforests of Cape Tribulation and Daintree, and scuba -diving on the Great Barrier Reef saou- zl si-,! Couples seeking a sophisticated hideaway in one of Australia's prettiest coves. rj4c-, � From £115 a room a night. Transfers to Cairns airport can be arranged. Ring +61 7 4055 3633; or visit www.reefhouse.com.au. Alternatively, book with ITC Classics (01244 355400; www.itcclassics.co.uk). CATHERINE BEATTIE LA QU I NTA RESORT & CLUB fx ,# Seated at the base of the Santa Rosa Mountains in Califorrnia's Coachella Valley, La Quinta Resort is an oasis of serenity. More than Boo rooms, spread across 45 acres, are tucked away in Spanish -style white 16 HARPERS & QUEEN I JANUARY 2004 bougainvillea -covered casitas on pathways lined with grapefruit trees. More than ioo miles and a world away from downtown Los Angeles, La Quinta opened in 1927 and quickly became the haunt of Hollywood stars. Ginger Rogers got married to her fourth husband by the waterfall here, and Frank Capra returned year after year to the same casita, where he wrote It Happened One Night and other classics. The longest -running resort in the Palm Springs desert guarantees one thing — seclusion. Posh and Becks hid here from the LA paparazzi, and Peter Gabriel comes to practise his tennis. TREATMENTS The enormous spa offers treatments that use the healing desert waters, and features eight private whirlpool baths and four open-air Spa La Quinta Celestial Showers, each with seven jets. The care and individual tailoring of treatments is exceptional. The La Quinta Custom Massage concentrates on problem areas and tense parts of the body, rather than simply employing basic massage technique. The 8o-minute Seduction of the Senses facial, which involves being wrapped up as though you are in bed, includes an individual skin prescription, with attention also given to hands and feet. X-FACI:TOR, The outdoor treatments and the Sanctuary Courtyard. what can beat lying in a bubbling milk -whey whirlpool bath as tiny humming -birds dip in and out of your private garden? zt L 3A t.4 ; u There's not much point in leaving. This is, after all, the middle of the desert. �� u vr, ?,Palm Springs is an area renowned for both golf and tennis. La Quinta boasts five championship golf courses and 23 tennis courts, and offers private tuition in both sports. Or simply step out of your casita to enjoy one of the 42 pools and 52 hot tubs right on your doorstep. WOL''LD S tI; T Those who want to seriously relax, though you have to like the heat to enjoy the desert surroundings. F�;cTs From about £134 a room a night. The La Quinta Custom Massage costs about £54; Seduction of the Senses, about £52. Ring +1 760 564 4111; or visit www.laquintaresortcom. Virgin Atlantic (01293 747747; www.virgin.com/atlantic) flies to LA, from £359 return. REBECCA BROADLEY HYATT GRAND CHAMPIONS RESORT & SPA USA The sun -drenched Agua Serena Spa, which opened in January 2003, is situated in the lush grounds of the Hyatt Hotel and is surrounded by palm -trees and a peaceful lagoon. The 22 treatment rooms come complete with private sun terraces, eight have outdoor showers. Offering a holistic approach to health, the spa also offers a full gym with personal trainers, yoga, Pilates, step aerobics, t'ai chi, qi gong, water aerobics and skin -health treatments. There are also saunas, a steam room and a bridal suite for those intending to make use of the wedding gazebo in the grounds. TR E AT Mi. ENTS The Agua Serena Stone massage is the spa's signature aromatherapy treatment, using therapeutic hot stones. For a real local speciality, don't miss the Desert Sage and Date Sugar scrub, which uses organically grown Medjool dates, straight from the Coachella Valley, along with essential extracts of dalmation sage, juniper and grapefruit. After being slathered in a blend of shea, cocoa, mango and kukui-nut butters, and whipped in date sugar, not only do you leave with silky -soft skin, but you also smell good enough to eat. X-FACTOP The Agua Serena Spa is unashamedly luxurious, with a cool and sophisticated elegance. It is named after the reflecting pool around which it is centred, and guests can recline in the teak chairs, or reserve a private terrace and enjoy the tranquillity of die sounds of running water. DOWNSIDE The spa is rather more alluring than the hotel. DESIRABLE DISTRACTIONS with more than loo golf courses in the area, guests need only head next -door to find their nearest; there are two 18-hole courses, featuring nine lakes, which were designed by renowned golf -course architect Ted Robinson. To appreciate the beauty of the hotel, go up the Palm Springs Aerial Tramway, where cable -cars will sweep you to the top of the mountains {-�ot�tC-�i Dv�QlS JA P4 Zoo n' s J F ' Y ,w oh .d Al fr t < fir., \ ' Lv .,.#•y+ ♦ .r .,'� 3i �.z"#r .f.;E"ei' .a+ Per -�� ';;,• .y,...`„p. .w. :..«V� r .vya:. .. ,., ` v • �; ,r• ;xa +a '.• , e'" . o .., ..'$,`:"�Y �Xb • 'kr h', o: "F` `-:'�_•'�'• .s._ ''f ;�'•,?' •�'��r.,y : � -r/" �� r:":a• -i"s+7• a .•Si .,. ..:. � ... 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Keyword: Ideal Home _ h t ip - rE C Ff} t - .A '� P r MORE REAL -LIFE STYLE J& ..�: beautiful { - homes t = -Tres i eas E sp ring - -r kitch . r x f _ _m st-hav 4 t - rw_ - a ors is bt ro skin- match n - - Y TTN MADE-- EASY-� _. i3s L. _ -- f r • _� -r' - Dressing to fa • T h Lightin J� ng, ia; t sQ�rdless �"" �s k t.� a as:.t � r c t �' � . /� ..•{,~ a � ` r � $ r r Ab � �..-_' ,.•-ate a ,_. a � r"x21 - - er _. d nA9 Enjoy the beautiful gardens and views in PAm,5,prings BASK IN THE CALIFORNIAN SUNSHINE Discover a range of unique treatments that restore and revive at the Spa La Quinta rust the Americans to take the idea of the luxury spa to an amazing new level. As 'k the spa capital of the world, Palm Springs is the place to come if you're looking for total indulgence, and Spa La Quinta is one of the best. At the base of the Santa rasa mountains in Coachella Valley, wherever your room is you'll be treated to amazing views as every one of the Spanish -style cottages, called casitas, has sttmning garden or mountain vistas. There is some- thing to please every spa enthusiast here, from the on -site clinic for preventative medicine, private open-air showers (an invigorating way to wake up your body), and ancient Mexican and Native American massages, to more conventional beauty treat- ments, professional golf courses and tennis courts. Whether you're planning a tour of California with some relaxation at the end of the trip, or are simply looking for a ��V Travel ffll� �l oX:r,e pjel(+ holiday-Mth a difference, a couple OF days spent at La Quinta will leave you rested and relaxed. Star treatments Among La Quinta's unique treat- ments is the Desert Rose Facial, where you are cleansed, exfoliated then given tightening and toning masks, before a final layer of rose oil is applicd to the skin For its ar;ti- septic and hydrating qualities - it leaves You with a youthful glow Spa La Quinta,. Palm Springs, USA, (001-80.0 599 3828 .laquintaresort.com) What it cost Spa villas start at '�943 per P night, Treatments nary, but a Desert Rose Facial costs A around 09 and an Orange Blossom Body Facial is £93.. Hong to getthere F. La Quinta'is 30 minutes from Pab Springs. y International Airport.. Fly direct from London Heathrow Kt from 066.09 return with , United Airlines (0845-844 4777;; . www,unitedairlines..co.uk), Or Virgin Holidays '(0$71-222 03%'; M%wrgin.holidays.coM) offers trips to Palm Springs. from £529, `inclusive of R : flights, car hire and seven nights' accommodation. Other attractions Y Ride on horseback .through the scenic Santa Rosa mountains, discover wildlife at the living Desert Zoo and Gardens, or shop at the designer boutiques of El Pasea and smells wonderful. Fans of aromatherapy will also love the Orange Blossom Body Facial, which involves skin exfoliation with a citrus herbal scrub followed by a massage with ormmge blossom oil, and a finishing treatment with peppermint oil. Food and drink T"here are seven restaurants within the resort's complex, each offering a unique dining experience. Options range from Mexican cuisine to traditional steal: -house dining and innovative searood, plus a'spa cuisine' menu available in every restaurant for anyone counting calories or fat grains. Specialities include cold poached salmon with butter lettuce, fresh cucumber, dill and tomato sapid. treatments m a historic setting LIVE THE GOOD LIFE IN. AN ENGLISH STATELY HOME Pick your perfect therapy at historic Hoar Cross Hall or those who want their spa r b-° experience to have a romantic, historic feel, the impressive Hoar Cross Hall is perfect. It's location in the heart of Staffordshire makes it easily accessible from most areas. Guests can relax in oak -panelled rooms with oversized windows and sparkling chandeliers, between treating themselves to a range of treatments that use products from Clarins, Elemis, E'spa and Kwiebo. The spa also offers a range of aher- native therapies, including Ayurvedic facials, Reiki healing and Indian head massage. i Star treatments Py the relaxing Shirodhara facial, which involves a scalp and face massage, or indulge yourself with a revitalising Hoar Cross Hall, Staffordshire (01283-575671: www.hoaraoss.co.uk) i fi What it costs ',j A weekend package starts at £298 and includes full -board accommodation, unlimited use of the facilities, one part -body mas- sage or facial, one hydrotherapy session and one treatment on a r ton,ng table, 'Expect to pay around £60 for a Shirodhara Thalgobodythenn treatment to tine and soften slain. Food and drink Dinner is a three -course a la carte menu offering indulgent dishes, a detoxification menu and gluten - free options. Typical dishes include roasted crispy duck with baked apple and demi-glaze sauce. Try the best in facials, massages and therapies .fr from around :r ' the world ,_ +* •s� � # .. �{4 4}r a+.: r t chi a;,�?:y n . facial and around £50 for the Thalgobodytherm treatment. 11ov" to C=al there By car, Hoar Cross Hall is off junction 24 of the 'M 1, not far from Lichfield, Derby and Uttoxeter. By train, travel to Lichfield Trent Valley, Lichfield or Burton, then take a 20-minute taxi nde• Cthe- zffrprainnr . Discover Stafcrdshire's tradiknA potteries and museums. ® J �� AP elL. Zook &VAP-DtA0 6N t-INrx: `''`' in Register Go to. I Guardian Unlimited home i travel Countries � Home Countries Cities Activities Short breaks Hotels Book now Feedback Talk Nears Net etters Links Ask a traveller Send us a snap Restaurants Late offers Travel light Search United States A wonderful life The desert resort town of Palm Springs has long been a retreat for Hollywood's finest. With luxury spas and 42 pools to choose from, Melissa Denes feels every bit the movie star Tuesday December 2, 2003 Search ---- ----._.._.._...__....... _.... _.�. GO. may, , • ;: * ' � .. Midnight at the oasis... one of the many swimming pools at La Quinta One hot night in Palm Springs, a man from New York asked me what I was doing here. "Well gee," he said when I told him, "I sure hope you find something to write about," and off he went Recent articies through the hibiscus and pomegranate trees to make a call to vi;-.j li3c- , ,ifs someone back in Manhattan. And he was right, and he was wrong: not a lot happens in Palm Springs it's true, but that's the reason people come here - a honeymooning Elvis and Priscilla were smuggled away from the crowds by Frank Sinatra, who had two homes here; Tim Robbins and Greta Scacchi came for hot mud baths at Twenty Nine Palms in The Player; Bogart and Bacall were fans. I expect even our man from New York was here to do stuff he could have done back east but was likely to get through quicker here. It's hot, it's quiet, the trees are heavy with green - lemons and araQefruit, and in every direction there is the -- „iZ ; iT M MTa rs a1i;ai►;4i a e iaar hit to ciiri Palm Springs is just two hours' drive east from Los Angeles, depending on traffic, but once you cut through the Santa Rosa mountains into the Coachella Valley, you could be a thousand miles away. The landscape is suddenly pink and barren, settled in narrow strips along the freeway, and the temperature rises 00 degrees (Death Valley is Only 100 miles to the north). Advertiser links Discount Ski Holiday Special Offers leisuredirection.co.uk Co -Op - Ski Holiday skicooptravelshoA.ca uk Find a Ski Holiday This Winter thefirstresort.com Skiing Holidays from Igluski.com i_g_luski.com Amazing Ski Offers intelli-tracker.com _. _, _. f ZJ4-,' b HOILADAVS Rounding one bend in the road not far from Palm Springs itself, you come across the surreal sight of acres of wind turbines, tall VVinait at iortune. white spokes semaphoring away into the distance. i ie braid anti ttie ouai_miu! The heat can be intense in the summer (even in mid -October Lillie C)de,;. i :e the temperature was 40C) but outside July and August the climate is dry and comfortable, as long as you don't try Ri; ,hls of way anything requiring more effort than golf (of which there is plenty) or an hour of tennis in the early morning. snivel i rain ,s Palm Springs is not so much a city as a collection of resorts linked by a string of restaurants, bars, eateries and drive-thrus. The homes and second homes, those parts of Palm Springs not designed for tourists, are hidden away in neat cul-de-sacs off the freeway: it's worth taking a drive (or a walk if it's not too hot) around the suburbs just to look at the architecture, which ranges from 1930s-style cottages to sexy concrete and glass bungalows from the 1950s. Elvis and Priscilla's first Dome sits like a mini fortress at the top of a circular driveway, though you won't be allowed in, as it's privately owned. Palm Springs' fixed population is mostly elderly and/or golf - oriented, which gives its main drag a sleepy, slightly exclusive vibe. On the one hand, it's the sort of street the Magnificent Seven would ride into in a clatter of hooves; on the other it aspires more to Beverly Hills, with its mix of expensive galleries selling iffy art and designer boutiques. The night I was there couples sat out on restaurant verandas eating steak, while overhead a cooling system pumped mist on to the pavement. Palm Springs has its own version of the Hollywood Walk of Fame. I was looking at Elvis's star (in prime position on the town's main crossroads) when a dead ringer for Lou Reed strolled by in crocheted black leather shorts, high heels and a wide -brimmed hat. Palm Springs hosts a big gay event once a year - the White Party, which typically draws over 10,000 visitors - but this aside people don't really come here for the nightlife, they come here for the lack of it. Once you've checked into your resort, there's no shame in doing absolutely nothing but sit by the pool in a dressing gown and drink iced tea. I stayed at La Quinta Resort and Club, which is 22 miles east of Palm Springs proper and tucked under a low mountain ridge at the end of a palm -lined avenue. La Quinta (pronounced Kinta and not Kwinta) opened in 1927 and became something of a favourite with Hollywood's most shy and retiring in the 1930s - Greta Garbo was a regular, as were divas Marlene Dietrich, Katharine Hepburn, Bette Davis and Errol Flynn. In 1934, Frank Capra came here to write the script for It Happened One Night. When ,-he film went on to win him an Oscar he became superstitious about the place and returned to the same adobe bungalow year after year (it's number 136, and you can rent it for $415 off season). I arrived in the evening, and was shown through a maze of whitewashed red -roofed bungalows, or casitas, to my own front door. Inside there was room for a family - a vast bedroom with fireplace for those unimaginable cold winter nights, tiled bathroom with sunken bath and a kitchen and dining room should I get lucky and need to entertain. The bedroom doors opened onto a patio, which opened onto the most inviting swimming pool I've ever seen: at night the water was illuminated an emerald green and swam with bougainvillea blossom at the edges. Next to the pool there was a Jacuzzi that jJ3 httn-//travel. guardian. co. uk/countries/storv/0.7451.1097960.00.htm1 02/12/2003 would easily fit 10. When I went to bed that night, someone had put four inch -high cotton dolls on my pillow with a note: "Legend has it that if you tell one worry to each doll before you go to bed, when you wake up your worries will have vanished." I was too tired to tell my dolls anything much (very tiring doing nothing), but it worked all the same. Any Palm Springs resort worth its salt will have a spa, ranging from the Spartan to the hi -tech, and La Quinta is no exception. It is, like the resort, luxurious but laid-back. I had a "celestial shower", which was a bit too close to water torture for me (someone else was at the controls), and a massage, which was totally amazing - very deep and very thorough. Once you're done, there's no pressure to leave and you could lounge all day in the central courtyard reading Entertainment Weekly and painting your nails (or having them painted) if you wanted. 1 There is no real reason to leave La Quinta: the place -.is big enough to take a walk in and even in the hottest months there are gardens, lawns and orchards full of flowers and fruit. There are 42 pools, grass and clay tennis courts (and an excellent coaching service), croquet, a gym, and the inevitable five golf courses (one of them designed by Greg Norman, another by Jack Nicklaus). I The other guests are a mix of Los Angelinos on mini -breaks, celebrity and otherwise, together with honeymooners from all over, execs who've been told to take it easy, sales teams on away days, though you can easily go for days without seeing a soul. The resort completed a three-year refurbishment earlier this year, adding pool -side cabanas (tents to you and me), and a brilliant new French -Californian restaurant called Azur which, as well as a six -course tasting menu, does particularly amazing desserts (strawberry soup with coconut gelee, strawberry sorbet and celery confit was my favourite). If you do suffer resort fever and want to make a break for the hills, there are a number of short excursions you can make by horse, bike or 4x4. If you want to go walking, you're best off climbing up out of the heat: the Palm Springs aerial tramway, cable car with a revolving floor, climbs steeply up the side of Mount San Jacinto to a state park and 54 miles of hiking country. There are views over the desert towards Vegas, and you can watch the shadows stretching from the wind turbines as the sun goes down. Of course if you're feeling really lazy, you could just visit another spa. I spent an afternoon at Hyatt Grand Champions, 10 miles down the road toward Palm Springs. The hotel itself has little of La Quinta's old -Hollywood charm, but it comes with beautiful landscaped gardens, a lake and all -new state-of-the- art spa, Agua Serena. Here you can have pretty much anything you want, from a massage and make-up lessons to Botox and implants. I had the desert sage and date sugar scrub which left me smelling like ice cream (in a good way). It's not cheap, Palm Springs, but if you love the desert, sun, silence and being treated like a slightly fragile movie star for a few days, it's worth saving up: the resorts may have proliferated since Garbo first snuck away here in the 1920s, but it's still a very fine place to be alone. Way to go M http://travel. (luardian.co.uk/countries/story/0,7451,1097960,00.html Guardian Unlimited Travel I Countries A wonderful life Page 4 of 4 Spa Villas at La QUInta Resort and Club start from US$405 (£243) per night between September 23 and January 15. For more information on Palm Springs and the surrounding Coachella Valley, visit the Palm Springs Desert Resorts vueYs:�ite. Virgin Holidays offer holidays to Palm Springs from £529 per adult and £239 per child (2-11 years). Price includes scheduled flights with Virgin Atlantic from London Heathrow to Los Angeles, car hire and seven nights' accommodation at the four - star Wyndham Hotel. Virgin Holida-yrs, 0871 222 0306 Useful links La Quinta Resort areal ClUb =' irr? 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Below, Fred Segal, .department in the LA q-)N de of Sex _mti t1:�t: (_.itt.f Nicole Kidman ;md Britney Spears, phis it A sl.,;tcr bond, The Downtown Standard i)ar; ncc sr. eir. r I rr in LA. "(111tj'it144c r �+trr.°C.t: ;x.l :_ 1 t:•, 4ry �:; WHERE TO EAT: t})c-Ac' p_•.t rt yaaurtti)t :c1 >t:r ^� h J ) t>pericd ki,,t .car iTl ?h ind bc� ;cen itj, The ivy:i -Nord I:c)hi T'!i )n c r tin:lnLisi} cii+;rri�r_ Ir'S ttm and hink�, �vd) l'cj .C)i ,t':1 _^q �,i:;;. },;t<,; T .�iti'c„lenl -a J x rt.,..—a.,•�w•.�y 1' °��c�t Fr •�ilil.s..�.}.i.� ,1'�.,. �._. lip 1i_ _ .�� 1'++il: __ �Il.l.lal.�ll ,•�. +1-. '�l.....� r`,� _ y Z tC1c: x �r�,°;11 Itt t�lf• �<•11,1},i►'. <t11:_i zl rtrrr't[.1i� �1<3r L�'rt:t'lr{3t7 DiCc pCtC'z;,tllc} C�:�;P.fE' ilt .l t;tAL-LIt.J�:• V /'�O By Angela Buttolph lleme.`: u,here lbe s I ars cx. n e air?n t'h:ey kifsd;V c'001 has ber p? r':YfK!r;L'TIL-dTtg a r't'?friJ4n1 `iu4st fall !�� `:1'1rt'rl r!'r; :1►`lf,?1�CYf:iwF:�';. WHERE TO STAY: La Quints 1";itititllt)\:'Cr Drive; ? l 76 64 4t3L; l.)ilf)1nr;aresor£.coin; dotililcS Irom r,51 has i�trct rc•�irdr.:c1 ;cs tl�f uirina:la� dctir; rrtrt.:as �:t11�'#' tl'tP l't')f't1CS..,tCl'atiC311� i.'ti'l''.'ti�ttflt rt'�tn'1 Greta Garbo to Britney. Ire ;;parish, ty1c Im IX ��r ,Z ' 'K�,r��! �' «.��.� ,�;� SLx�y-�M��`K "ti,�•�`�„✓xe `�.r'`°t12"�,�� gw x R" r•.::'+s+. ��5..�^i Q Y+. 2 y+i+e i dr A$ fv � �'� ° Y� 4� t � �''�� rT� . � *5.« ,r u ..r� a�:. .x�, < iA �' '• a � � 3'. � ", ,L ,.,,.. �s ) ''�. ' +y,S .�N '�.e ti 3 a .' r. <x�. `� 7�r '"- � F' v �' ...� �k�y {;k� '�'n. �� a� '�' ?^�. �,�+ •T��av �� r �� xt �aY �» v�c.rYS ... � .>�, ,.. • y.. s � villas lrc wt around 52. smvitlgt m""' P001s, fivc goli cottrsrs :ltt,i numerow. spas. For ncc full Rat P.tA, the tlltr:t-Milt CaTiente Tropics i411 t-ast Palm !:give; opt -6{> ; - 11,791; ::.:tiienre trt}.)it;'S.i:t'rttl; c' mjj)lc� frttnn f.; :4 e! Si.� 1iCs- stti'Ic M()tcl y:it13 t reel-tilci 1,3r and a pool tbat Elvis once c;%v.1 M in. Or .:heck Mtc) Ballantims Hotel {14z(_) N Tortl) lttclt:tt: Drive: C-cr '60 ?2Tc 1.178, dot!- Ncs from { 5'.', u•F ery \.011) 1) into tiI+.1,� r;l3ru Tom Ford in fire retru bar. Period al-,11-di:trtc_s. atomic agc lumIture and show, itt};r. t�l l=itl+c- nti>� icy .idd to tht: nt>st:ah ia. WHERE TO EAT: for ri pally tasty, llca'tlly Ll lw..11ec, go to Edwards Date & Gift Shoppe DriVe; tx::t -76C x24 Its ft.i-Sh date milk shakes are a pwnu- L11. Im it sl eCmlw,,. WHERE TO HANG: find flan ID rel<ly V.4111) the likes o erad Pitt :1 nd Jennifer Aniston Ott ihr iwls1t Le Parker Meridien Palm Springs Spa i4ZOO I ast 1 :tlxit :;tliyc>n ilri� c; cc7 ,t�� 7-0 50:-)c)i. WHERE TO SHOP; you can't [,cat North I':11rtt <;an c)n 1hi�'r Ft>r luelltctraltili,l ;IttCt :►n.iutic chic, Celebrity Seconds i ; t ; Not P;tltlt (,;m on Drivc; cci ?6c 416 zQ?»: i:C lC'1)riti': i1LI;:.I't?t�it 4�)C-�.l.ail:tiC: in tlothc atad Ftc: c'rt<)riCs 4`'t)r71 l�!' the' S:<?"ti lra)111 rlae For iiirog.r phLd s+�c:cttlt hn,i l hooks, visit Celebrity Books iln2. Nt}xtlt Pz111ii fsn�.�t:•11 l')�•!�'L�:�^�)t "too tz,ti; ;,;-�: ;:c•lcl,t•it�•�c)ul:y.ct_>nt.l. .t1,t} thcart� ;ire• :.11;c:, rn.ttiti: ir)t7',;4 ftlrrimrc thri t shops ,I, �: h't -h to hro-,, sc:, AlCh as Bandini Johnson Galleryt-t, `�t>rtlt P;i'it1 i .fr:t�lt 17r(irt:opt •�fl'.. � j t):''�i, '•�1111,`� LC)I.i� v:111jat�:L f'<1f-1.i'.ift' WHAT TO SEE: ari'-vx: lt,ts! thr hr)"W1 t)f r t' siclt .uP411 iaitions, �.6rh Celebrity Tours `r'?) ••!7 .2:1; .71:t { I,j 10311A() l4<.Itl r'�:j. l��<:�il�t• tltr 1,<�.if h�: riciirt� rhe: �;c:�tr )':tilt•. `.l)ri,:"� Ac'rt d .l r1m, kill :15 of San Jacinto State Park Ll 361 Jb� 13 63 wvamns :turn ia LA) it from it price n visit takes visitors up more than orts 8,000ft to the top of Mount San at Jacinto in a dizzying 14-minute ascent through four climatic zones. The temperature when you leave the valley floor may be furnace hot, but i is among the pine trees and lush ,,Ila vegetation of the alpine forests at the ou summit it can be 30F cooler. There are he hiking trails, spectacular views over the ,It. valley and - this being America - a ter decent restaurant, The Top Of The jult Tram. nd JOSHUA Tree National Park is the n d place that gave its name to a U2 album. 'an High in the Mojave Desert, it is home :)w to some spectacular rock formations, ity and the bizarre Joshua trees, a variety he of yucca which, to the eyes of early re, Mormon pioneers, looked like the arms n s of the prophet guiding them through the le- wilderness. he WHERE TO EAT LUNCH on the terrace at the Kaiser gs GriNe on South Palm Canyon Drive, my Palm Springs, where locals go to see lar and be seen. A fine mist sprays iat continuously to reduce the temperature Wind farm provides Palm Springs with electricity YOU don't have to be a superstar with a Sinatra -style fortune to enjoy the delights of Palm Springs. Bon Voyage have seven nights room only at the four -star Wyndham Palm Springs from £559pp (two sharing) during November, including return American Airline flights from Manchester or Heathrow. The company can also arrange a seven -night fly -drive package from £465pp including flights from Manchester or Heathrow and car hire. Call 0800 316 0194 or go to www.bon-voyage.co.uk One of the most amazing free sights is the massive wind farm next to the freeway. Its the biggest in America, and the turbines provide Palm Springs . with the cheapest electricity in the country. Another sight that won't cost you a dime is the Salton Sea - Ca6fornia's answer to the Dead Sea and 25 per cent saltier than the Pacific Ocean. Forty minutes' drive from Palm Springs, the 35-mile-long, 15-mile wide lake was formed by accident, the result of a gigantic water leak early last century. Salton City failed in an attempt to set itself up as a new resort and is now little more than a ghost town. and increase the humidity. Burgers and salads cost around a fiver. DINNER at the Hogs Breath Inn, La Quinta. This is the twin of Clint Eastwood's original restaurant in Carmel, and only the second to carry the name. Spectacular cocktails, and a menu full of allusions to Eastwood's films - the Dirty Harry Dinner (chopped steak with wild mushrooms, £10), Two Chops for Sister Sara (pork chops and cabbage, £12) and Chicken Any Which Way You Can (£11). And just so you can't forget, the walls are decorated with huge murals of the great man as well. WHERS TO SHOP THE designer boutiques of Palm Canyon Drive in Palm Springs and id Paseo Avenue in Palm Desert are the area's answer to Rodeo Drive. But the best bargains can be found at the Desert Hills Premium Outlets (www.premiumoutiets.com), 30 minutes back up the 1-10 freeway at Cabazon. There are 130 stores, including Versace, Georgio Armani and Yves Saint Laurent, all offering savings of up to 65 per cent and more on UK prices. stay at the Sefton Hotel, Douglas. Call 01624 661177 or see www.isleofmantravel.com. *TAKING a no -frills flight to Italy in search of la dolce vita? Get discounts of up to 70 per cent on hotels and B&Bs in resorts and city centres at www.LateRooms.com • NEED a bit of pampering while the kids have a good time? Haven's Devon Cliffs Holiday Park (www.haven holidays.com, 01395 226 226) has a new £2million spa offer- ing manicures, massages and jacuzzis. Two -night breaks for a family of four cost from £99. • NEW easyJet destinations include daily flights from Luton to Krakow in Poland and Turin in northern Italy, plus a daily service from Stansted to Grenoble near the French Alps. Prices for all three cities start at £40.98 return. See website at www.easyjet com AVOIDblack when buying a' ne,w suitcase �� unuscollour ual lug- gage will be much easier to spot on the airport carousel V. Barnes, Huddersfield e We pay £10 for tips send yours to address below. MY wife and I are going to Australia this December, where we will be staying with relatives in Melbourne. We are both keen on wine. Are there any good wine tours we can join? - Pete Young, Birmingham. YOU have picked one of the best places to visit for wines. Melbourne and the state of Victoria have some of the highest quality wines in Australia, along with a great reputation for food. There are 22 wine regions and over 400 wineries in Victoria, many of which are within a 90-minute drive of Melbourne. Check out the Australian Wine Tour Company (see wwwaustwine tourco.com.au), who offer a range of packages. DOES anyone still offer murder mystery weekends? I would love to book into one with my sister. - Jane Mather, email. HOW about a three -night Agatha Christie murder mystery weekend at the Mayfair Hotel in St Helier, Jersey? The fun starts on Nov 5 and costs £139pp, including return Fastcat crossing from Weymouth or Poole and half - board stay through Modern Hotels (01534 759529). • W RTTE with your travel queries to Sarah Whitfield King, Sunday Mirror, 1 Canada Square, London E14 5AP. J�J , i�4= B supplement s included Tour Manager >ther' r QUOTE _RE : s SR42/AJU/05 e7roc-tc,om.�,�,, sed hsd en vaious Levy) m E2 mr wdfl 3827 f -, Sd Ofl IIII�Bb �(f5 gam SOS. p110E "i Pal ��A RTA wNE M0112 CCC2%. V1600 ATOL 3827. ENE. — =0 am Bove! adena HHIs �„ s Arr e#f Santa Monica`171 ` ani • • e -+. 6 IVI ie v E�w L.agura . ,. Mountains �.► San Clemente San � Island Palm Springs feels like it is a Fjf ,tom w-: . million miles from Los Angeles i By JOHN HONE"ML HEN stars Pike Christina Aguilera go in search of sun and solitude, they follow in the footsteps of an -� x actress who famous) said she wanted to be alone. Y They find peace and tranquillity in thex� California desert at Palm Springs�f, :� ►" : ? staying at the luxurious La Quinta Resort,,.-`� where Greta Garbo sought seclusion back in the 1920s. And celebrities have been flocking to the resort ever since. .� There, you can choose one of the Spanish -style bungalows, or casitas, setw among the resort's 45 acres of fragrant ��- • t � '� s �� , , � i�t r � f �'- orange lemon and grapefruit trees and in the shade of its towering palms. And if you venture out there are 41 swimming pools and 53 whirlpool baths scattered among the groups of low-rise buildings. y The El Presidente suite at 2,000sq ft is the largest - and at £1,500 a night most expensive - accommodation on the estate. Stars like Aguilera can choose from two - i bedrooms, two separate living areas and relax in their own garden with two pools ` concealed behind a 9ft wall to keep out prying eyes. .� s, She can indulge herself with $150 .. 9 massages and facials at Spa La Quinta, work out in the fitness centre, play on one of the 23 tennis courts, or enjoy a round on one of five championship olf courses. . La Quinta, nestling in the shadow of the spectacular Santa Rosa Mountains, 20 La Quinta has been a celebrity refuge for 80 years miles from the centre of Palm Springs, has gardens, setting a trend which is now Palm Springs Desert Resorts. The sun been a celebrity refuge for 80 years. followed week in and week out by shines down every day, temperatures in As well as Garbo, early visitors included status -conscious Californian brides. the summer regularly top 100F, rain is a Clark Gable, Errol Flynn, Katherine More recent visitors have included rarity and natural springs provide the Hepburn, Richard Widmark, Marlene Aguilera, Matthew Perry and Britney water for the valley's 110 golf courses. Dietrich and Bette Davis. Frank Capra Spears. Diane Keaton takes six of the The area grew up as a resort largely wrote the screenplay for It Happened One original 1920s casitas for friends and thanks to Hollywood actors and actresses ' Night here. It was so successful he family each Christmas. setting up weekend and vacation homes returned year after year to write to escape the studio treadmill. Its far film classics such as Lost In Garbo's day the place really was enough away from LA to offer seclusion Horizon, Mr Deeds Goes To remote. Palm Springs itself had a but close enough to enable them to rush j Town, and Mr Smith Goes to population of less than 100, the hotel back when required for a re -take. Washington. was surrounded by sagebrush A coach tour of the celebrity homes is Irving Berlin is said to NO and scrub, and her cottage was 10 a bewildering journey down memory have written White minutes beyond even that. lane, and past houses where Bob Hope, Christmas here, and � In fact the place that Bing Crosby, Liberace, Elvis Presley, f American politicians from we think of as Palm Lucille Ball, Elizabeth Taylor, Zsa Zsa Eisenhower to Kissinger Springs is a huddle of Gabor, Kirk Douglas and a whole galaxy have used it as a baseight separate of long -forgotten stars once lived. In 1953, Ginger Rogers townships in the Hope had a number of homes in the married by a waterfall in the Coachella Valley town and built a "party house" high on Sinatra went wild - collectively a ridge overlooking the valley. The j at Palm Springs known as the mushroom -shaped mansion puts the J66 � 3 x r A 3 4 1 - ost to the Rat Pack, play- ground of presidents, celebrity hideaway — just a few of the cliches that surround Palm Springs but in an area where becoming a member at Bighorn sets you back nearly $2m. it is no wonder that golfers have stars in their eyes. With 105 (and constantly increasing) courses to play in the Coachella Valley, the Palm Springs area is a must for keen golfers. But do not be fooled by the name. Palm Springs is but one town in a long list of communities and the best golf is further down the valley. Locals say most of the USA DESTINATION Lc2 Boer+ AWrA� Coo t. r Zoo 3 NvA�- W� Palm Springs courses have been sold for housing developments as golfers have travelled east in search of greaterspace and more challenging courses. Rancho Mirage, La Quinta and Indian Wells could prove better bases and have more golfing resorts. The choice is so great that it is a good idea to plan ahead and have a little local help; many of the courses are private and access can be difficult. Hotels either have their own courses or affiliations with courses and there are plenty of golf operators, such as Advance Golf, who will liase with agents and golfers to book tee times at the private clubs. ■ � § c• a 3 s x,77. 1 i YP; fi ti i' litzy Las Vegas has to be seen to be believed. Surrounded by unforgiving desert, the city is a glittering cocktail of showbiz glamour and, of course, incessant gambling. A round of golf is a welcome escape from the non-stop mayhem of the city although unless you are lucky at the tables. it can be a costly lime -out — one round THE GOLF Pete Dye, Jack Nicklaus and Greg Norman are but three of the famous designers whose courses line the Coachella Valley while the Bob Hope Chrysler Classic, Nabisco Championship and The Battle at Bighorn are justthree of the major tournaments held here. Water dominates many of the courses, thanks to a massive aquifer which transforms otherwise straightforward holes into extreme challenges. The Mission Hilts Country Club has water on the left of seven holes on the Pete Dve Challenge Course along with acres of traps and severely contoured greens. Four lakes come into play around The Golf Resort at Indian Wells where open fairways invite the unwary into large traps. La Quinta is home to PGA West and a total of four courses. For a something different. playa Voodoo golf night at the public Palm Desert Country Club where the balls have lights in them and the fairways are lined by tiny lights. r The ninth onthe.Mountaln' course of the La Qulnta; can cost upwards of $300 (f200) depending on the time of year, course and tee time. There are good deals to be had in the hotsummer months butthe city is always packed around bank holidays, so avoid the July 4 weekend when it will be hard to find tee times and prices peak. Since Vegas was created, it has attracted some big golfing names and some extremely good courses have been built. But few visitors come to Vegas for golf alone and few will play more than one round — golf is really an add -on to another tyre of holiday. 2 I_ 367 Scottish Sunday Express: June 1" 2003 AM Circulation: 120,000 fir— M�Ift I Rj JGH v \. is S+tn=.� tr. $ $� c r .��o :� y+' �� t : i _ viz"�s�• j. - � 1��4.`7i 1 r4 Scottish Sunday Express: June 1st 2003 Circulation: 120,000 U the un all Y t f FROM PREVIOUS PAGE Lretreat away from the :hustle and bustle. J Despite an out-of-date reputation for being a "retirement city", trendy ars, fashionable eateries and upmarket designer stores have sprung up in recent years, bringing in a younger, and more ' upwardly mobile, breed to the desert oasis. Stars including Sylvester Stallone, Matthew Perry, Christina Aguilera and Anjelica -Houston now regularly visit as do politicians, such as President George Bush and former New York .Mayor Rudy Giuliani. Palm Springs has always had strong celebrity links and -essentially grew from a --town of a few hundred because of its showbiz fraternity. Movies shot in ,the desert in the 1920s first introduced stars to the Coachella Valley, and once there, many stayed. Actors including Ruby Keeler, William Powell and Harold Lloyd began the first i escape from Hollywood. f 1 Shirley Temple and Ginger Rogers soon followed. In the 1950s, stylish boutiques and elegant piano bars popped up as 1 the showbiz elite built lavish holiday homes at the foot of the towering 11,000ft-high Mount San _ Jacinto. I Fifty years later, they J still come from Hollywood and beyond to escape smog -filled LA for a sunshine weekend. And (while the boutiques and the bars of the Fifties and TEE TIME: The selection of golf courses at La Quinta are challenging for players at every level or the game Sixties remain, the once - small town has sprouted into eight individual cities, collectively called Palm Springs Desert Resorts. It's not difficult to see what has been attracting visitors since last century - an average of 350 days a year of clear, sunny skies. In summer, even though temperatures top 110 degrees, the dry desert air makes it feel remarkably pleasant, while in winter the thermometer rarely dips below 70. The regions climate stems from the breathtaldng mountain range -just half a mile from the main street - which holds back the clo Lids and shelters the city from the colder weather to the west. It is a sunworshipper's paradise, with some 38,000 swirmlung pools for the city's 180,000 residents. There are also 600 tennis courts and more than 100 golf courses, more than anywhere on earth. Tucked at the foot of the Santa Rosa Mountains, the legendary La Quinta Resort and Club has been a playground of Hollywood's rich and famous for 80 years. Opened in 1926, in the style of a Spanish hacienda, it has grown from the original 20 bedrooms to 800 rooms and suites. The commitment to the privacy and comfort of guests, first instilled by original owner, oyster tycoon Walter H Morgan, has continued. It is quite simply exquisite. Recently renovated and,set in lush gardens, the casitas are positioned in blocks, each centred around a private pool and Jacuzzi, giving the hotel the feel of a small Spanish community. Dramatic views of the mountains can be seen from anywhere in the 45- acre resort, particularly at dawn and dusk as the sun casts long shadows. La Quinta offers something for everyone, with some of the best sporting facilities in the United States. The tennis club, featuring 23 courts, has been named as one of the Top 10 Greatest Termis Resorts in the US. The complex also features a state-of-the-art. fitness centre and a 23,000sq ft spa facility, used by stars including Barbara Streisand and Brltney Spears. But it is golf that really makes La Quanta special, with five championship courses. Residents can enjoy the Dunes course, the Mountain, the Greg Norman course or the Jack Nicklaus Tournament Course at PGA West. However, for the ultimate experience, every golfer should really try their hand at the spectacular PGA West TPC Stadium. Recently named as the second -most -challenging course in the United States, for the experienced player it is a testing challenge. For the novice, it can provide 18 holes of pure torture. The 17th, named Alcatraz and set in the middle of a lake, is particularly spectacular: After Scotland, Palm Springs is undoubtedly one of the biggest golfing destinations in the world and seasoned pros, celebrities and presidents are regularly spotted on the fairways. However, the desert resort has much more on offer and no visit would be complete without the 8,516ft tramcar ride to the mountain top. Rising more Scottish Sunday Express: June lst 2003 ` Circulation: 120,000 a J { P Iq 1: 1 k� a M f1f1 11 M f1f1 11 1 r STREET SMART: The chic bars and boutiques of Palm Canyon Drive are a real must -see for every visitor r than two and a half miles experience the sandy Polynesian -styled motels spans the length of the to the viewing statio n in ;the Mt. St. Jacinto State landsca a and see natural from the 1960s, it was palm oases which run popular with stars such as street. First-time visitors will Park, the tramcar revolves along the Fault Line. It is Victor Mature and Elvis also no doubt raise a smile _1slowly giving 360 degree views of the valley floor perfectly safe to stand on Presley. Refurbished just the Fault and you may two ,years ago, it has a at the statue of singer Sonny Bono, formerly of ;way below even experience one of the selection of spacious Sonny and Cher, in the city Strangely, despite very hundreds of daily tremors. rooms, a large pool area, centre, to mark his time as i' high temperatures at Another great way to and is also pet -friendly. In former Mayor. ground level, snow often experience the scenery is fact, dogs receive biscuits _ lies at the peak until early on horseback. Grab a on arrival. *GETTING THERE: summer, and in winter cowboy hat and pose like Delicious food and American Airlines flies to L. tourists can cross-country John Wayne as you ride comfortable surroundings palm Springs via Los ski or rent snowshoes for through canyons and are on offer nearby at the Angeles International a hike through the 13,000- streams in Indian country. likes of The Kaiser Grille, Airport from the UK daily acre woodland. Be warned, though, a The city centre of Palm and the Chop House, while Springs itself is very a good old-fashioned pint om £295 per person ails p p p " sweater is useful as the temperature dips quite European, with shops, of European beer can be bars and restaurants all found in The Village Pub. tax, excluding govern - ment taxes. Flight time to dramatically. along the length of the Unlike most American LAX takes around 11 Back on ground level, a stunning Palm Canyon cities, the best way to hours, with flying time t.' trip into the desert to see, Drive. explore downtown is on onwards to Palm Springs and stand on, the San The Caliente Tropics foot and there are wide, around 25 minutes. Andreas Fault is well Resort, located within clean pavements and Connecting flights are worth considering. walking distance of the pedestrian areas to walk also available from For just £40, jump aboard a red jeep for a downtown area, provides on. A Hollywood an ideal base for exploring Boulevard -style -Walk of Scotland to London three or four-hour the central sights. Stars, recognising more Heathrow. www.ameri- adventure into the stunning canyons to One of the last luminaries such as Sophia examples of the classic Loren.and Ginger Rogers details, see w canairlines.co.uk or call 08457 789789. Spa villas at La Quinta Resort and Club start from $295 per night (£200) between June 1 and September I5, and suites at Caliente tropics from $195 per night until the end of September. A two-hour trip with Desert Adventures (www.red jeep.com) costs around £40 for adults and £35 for children and OAPs. The Palm Springs Aerial Tram is open Monday -Friday from loam, and Dam at weekends. For more details see www. pstramway.com. For horse trails through Indian country, Smoke Tree Stables, 2500 Toledo Avenue, is Palm Springs' only full service equestrian centre. Telephone 001-760 3271372. For further information on Palm Springs and the surrounding Coachella Valley, please visit the Palm Springs Desert Resorts website at www. pal=pringsusa. com Ik A- 6 011 ennC LOS ANGELES BUSINESS JOURNAL 43 Hotel: Bflftmore9s $500 Million Price Would Set Record Continued from page 1 Tarczynski declined to comment about possible pricing for the hotel. Millennium's North American headquarters in New York didn't return calls. If the Biltmore is sold for $500 million, the hotel would set a new record for price per room in Los Angeles County, Reay said. Cur- rently, Kava Holdings Inc. holds the record, for paying $62 million, or $650,000 a room, in 1995 for the Hotel Bel -Air. At $500 mil- lion, the Biltmore would sell for slightly more than $732,000 a room. The asking price is believed to be bol- stered because occupancy and average daily room rates are improving at upscale down- town hotels, and the Los Angeles City Coun- cil recently agreed to help fund construction of a new 1,200-room convention center hotel — a development Tarczynski and others believe will only make the downtown hotel market stronger. But even if part of the Biltmore were con- verted into for -sale housing, Reay remains skeptical that hotel buyers will pay more than $250,000 a room, or close to $171 million. "I don't think you can get more than that downtown," he said. "I don't see someone paying that unless they are looking at a com- pletely different play on that and trying to convert the whole thing to condominiums, but that seems very unlikely." The 82-year-old hotel comes with an attached 24-story office building called the Biltmore Tower, of which 130,410 square feet is nearly fully occupied; and 238,243 square feet of office space within the hotel called the Biltmore Court, which is nearly empty. Tarczynski said he will market the hotel's office space as a possible conversion to high - end condominiums. "It's vacant office space," Tarczynski said. "If the new owner comes in and creates high -end luxury condos dependent on hotel services, it would be good for the city and the union because it would create more jobs and creates more needed housing." Developers have already shown they are willing to pay a steep premium for hotels they can convert into condominiums. Last year, New York -based Related Cos. paid $123 million for.the 297-room St. Regis hotel in Century City, or $414,000 a room. If it can receive the necessary city approvals, the com- pany plans to convert the 14-story tower into expensive condos. The buyer of New York's Plaza Hotel, El Ad Properties NY LLC, has plans to convert a large portion of the Fifth Avenue hotel into condominiums. Condo conversion plans have drawn the ire of Unite HERE International, the union representing hotel workers, as well as some elected officials. New York Mayor Michael Bloomberg has said he opposes the current conversion plans for the Plaza, which would require closing the hotel while the renovations take place. In response to Related Cos.' conversion plans for the St. Regis hotel, Los Angeles City councilmen Martin Ludlow and Eric Garcetti have called fora moratorium on con- verting hotels into condominiums until the possible effects on the city's tourism econo- my can be assessed. It's unclear if converting the Biltmore's office space into condominiums would draw opposition, because the housing wouldn't take any hotel rooms off the market — and, as Tarczynski noted, would actually generate some union jobs. When the Biltmore opened in 1923, it was the largest hotel in the United States west of Chicago. While the office tower was part of the original construction, the Biltmore Court was carved out from the hotel in 1987, when downtown office space was tight and hotel room rates were soft. The Biltmore, which takes up most of the 500 block of Grand Avenue and backs up to Pershing Square, is prominently located with- in downtown, and benefits from the city's convention business, however soft it may be. After Millennium bought the property as part of its $640 million purchase of Regal Hotels in 2000, the company spent $10 mil- lion renovating the hotel's common areas and ballrooms. Reay said the hotel is well positioned to gain from the $1.2 billion project slated to surround the Staples Center, including the 1,200-room convention center hotel,,and the ongoing revitalization of downtown into resi- dential neighborhoods. "It's got a great location," he said. "With all that's going on around it, the Biltmore has a very good position." 0 J G 1 0-4 — OF `T1X�9 COUNCIL/RDA MEETING DATE: May 17, 2005 ITEM TITLE: Discussion of Sphere of Influence for the Local Agency Formation Commission (LAFCO) RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: No immediate fiscal implications. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: a.. The purpose of this report is to provide an update on Sphere of Influence activities. On May 12, 2005 LAFCO facilitated a meeting with Riverside County, and the Cities of Indio, Coachella, and La Quinta staff members. LAFCO requested the meeting to allow a discussion of Municipal Services Review (MSR), General Plans, proposed land use, and possible Sphere of Influence modifications. A list of meeting participants is attached (Attachment 1). LAFCO staff requested of Riverside County staff an update on the Vista Santa Rosa Policy Area and development activity. County staff provided an overview of Vista Santa Rosa. A large portion of the meeting time was spent providing LAFCO staff with an update on land status, community meetings, and related issues. County staff reported that it is working on projects in the area south of the Jacqueline Cochran Regional Airport totaling approximately 20,000 dwelling units. LAFCO and the participating Cities discussed County service levels and concerns about infrastructure. S:\CityMgr\STAFF REPORTS ONLY\S 1 LAFCO.doc n 07 During discussions with the City of Indio staff, the most northerly areas of the City of La Quinta's Planning Areas I and II were discussed. This area is north of Avenue 54. This area is currently within Coachella's Sphere of Influence (SOI) and is located outside of the Desert Communities Redevelopment Project Area. Both Coachella and La Quinta have included this area in their respective General Plans. This area is not currently contained in Indio's General Plan. LAFCO requires cities to include future SOI areas in their General Plan. Indio's staff indicated it may be interested in adding a portion, or all, of this area to its SOL The City of Coachella indicated its desire to expand its SOI to the south, but did not discuss its boundaries. Additionally, there are several property owner annexations proposed within its SOI and adjacent to the City of Coachella's westerly City limits. Their proposed annexations are within the area designated as Planning Area II on La Quinta's General Plan. All of these parcels are just west of Van Buren Street. The City of Coachella's primary desire is to add, that land surrounding the Jacqueline Cochran Regional Airport to its SOL During discussions regarding La Quinta, staff provided an overview of its Planning Areas I and II. Additionally, the challenges presented by the Vista Santa Rosa property ownership and land use patterns were discussed. LAFCO staff indicated they have received a substantial number of letters from property owners within La Quinta's Planning Areas I and II in support of modifying the existing SOI between the City's of Coachella and La Quinta. The letters are strongly in favor of changing the SOI in favor of La Quinta. While a substantial number of property owners have expressed an interest in La Quinta, LAFCO staff pointed out that registered voters will play a very important role in determining future annexation proposals. LAFCO staff discussed the MSR and SOI process. The MSR is scheduled for LAFCO's May 26th meeting. LAFCO's consultant has been in contact with City staff regarding additional information regarding parks and recreation programs. At its June 23rd meeting, LAFCO staff will update the Commission and ask that the SOI issues be continued. Indio's City Manager requested that LAFCO staff take the SOls off the June LAFCO agenda. In response, LAFCO staff indicated it would make a report regarding the May 12, 2005 meeting. At the conclusion of the meeting, LAFCO staff asked if the Cities and the County wanted more time to discuss the SOI and all entities agreed. LAFCO will facilitate a second meeting which will likely be in June and at that time a schedule for LAFCO action will be established. This will allow LAFCO adequate time to develop a SOI report and allow subsequent meetings between the participating entities. Coachella staff requested a meeting with La Quinta staff to discuss a range of alterations. County staff expressed a concern that LAFCO meetings in July and August would be of concern to Vista Santa Rosa residents and that LAFCO may d4 S:\CityMgr\STAFF REPORTS ONLY\S 1 LAFCO.doc want to postpone public meetings to allow for full participation. The Vista Santa Rosa Community Council does not normally hold regular meetings in July and August. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Provide staff with direction regarding the Sphere of Influence boundaries; or 2. Respond to LAFCO's request for additional meetings between the Cities of Indio, Coachella, Riverside County and LAFCO to discuss potential SOls and the LAFCO process; or 3. Direct staff to attend LAFCO meetings; or 4. Continue with staff's recommendation contained in the May 3, 2005 Study Session report; or 5. Provide staff with alternative direction. Respectfully submitted, Douglas R vans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. List of meeting participants S:\CityMgr\STAFF REPORTS ONLY\S 1 LAFCO.doc 03 375 ATTACHMENT 1 MEETING PARTICIPANTS LAFCO George Spiliotis, Executive Director Wayne Fowler, Local Government Analyst CITY OF LA QUINTA Tom Genovese, City Manager Doug Evans, Community Development Director CITY OF INDIO Glenn Southard, City Manager Mark Wasserman, Assistant to the City Manager CITY OF COACHELLA John Quinn, Project's Director Carmen Manriquez, Community Development Director RIVERSIDE COUNTY Michael O'Conner, Deputy County Executive Officer Kathy Gifford, Riverside County Executive Officer Denys Arcuri, Legislative Assistant Paul Clark, Principal Planner 04 REPORT/INFORMATIONAL ITEM: /4 CULTURAL ARTS COMMISSION MINUTES April 14, 2005 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Loudon led the meeting. Commissioner Brodsky led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Else Loudon Commissioner Sheldon Brodsky Commissioner Andrea Gassman Commissioner Elaine Reynolds MEMBERS ABSENT: Commissioner Charlene Lane STAFF PRESENT: Dodie Horvitz, Community Services Director • Christy Kerry, Community Services Secretary GUESTS: Jan Blakely II. PUBLIC COMMENT- None III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of March 24, 2005 B. Department Report for February 2005 C. Financial Report for March 2005 It was moved by Commissioners Gassman/Reynolds to approve the Consent Calendar. Unanimous. V. PUBLIC HEARING — None VI. BUSINESS ITEMS A. Concert Under the Stars — Commissioner Loudon began by reviewing with the Commission the date and time of the event. The Concert Under the Cultural Arts Commission Meeting Minutes Page 2. Stars will take place on Saturday, April 16, 2005 at 6:30 PM. Commissioner Loudon asked for two volunteers to arrive at the event at 5:30 PM to meet the bands. Commissioner Gassman volunteered. Commissioner Loudon, Commissioner Brodsky and Commissioner Reynolds stated they would not be available to attend this event. Commissioner Gassman asked the Commission if her husband, Alan Gassman, could fill in for the second Commissioner. The Commission agreed and thanked Commissioner Gassman for her time. A request was made for any Commissioner who is available to arrive at 6:15 PM to serve water to the concert -goers. Commission guest, Jan Blakely stated she will try to arrive early to help facilitate this, but as of the Commission meeting time, she is unsure and will have to check her schedule. It was agreed that Ms. Blakely would contact Commissioner Loudon later in the evening to confirm these plans. B. Community Picnic — The Commission collectively agreed they were pleased with the comment cards produced by staff. The Commission asked Director Horvitz if they will be able to distribute the comment cards through the staff booth at the picnic instead of the Cultural Arts Commission booth. The general feeling is that since the Commission booth is aimed at children who will be drawing and painting, not only will space be limited, but it will be too messy to have the cards there. Director Horvitz said she will inform staff the cards will be placed on the staff table to distribute during the event. Commissioner Reynolds suggested that some cards be kept at the Commission booth. Although soliciting comments will not be a primary concern at the booth, there may be a need on an individual basis for someone to fill one out while visiting the Cultural Arts Commission booth. Commissioner Loudon expressed her regret that she will be unable to attend this annual event, but stated she will volunteer her time to follow-up via phone call or e-mail to each person who fills out a comment card for the Commission. Commissioner Loudon also stated she will put together a report for the Commission describing names, contact information and what was requested so there is something to compare against next year. The Commission requested from staff that pens or pencils be supplied at the booth the day of the event. Additionally, the Commission requested that upon the end of the day, the comment cards be kept with staff until such a time that Commissioner Loudon can collect them to handle her follow-up communication. Staff stated writing instruments will be provided and the comment cards will remain with the Community Services staff until collected Cultural Arts Commission Meeting Minutes Page 3. by Commissioner Loudon. C. Annual Work Plan - Commissioner Loudon stated she did not have the opportunity to review the Work Plan prior to the evening's meeting due to a technical problem with her computer. Director Horvitz informed the Commission there was a change to the format of the Work Plan this year and that the City Council has requested to see clearly defined goals. Such goals need to be measurable and achievable over the course of the next year. Staff stated that the goals listed on page two are only suggested goals and the Commission may revise them if they so choose. Commissioner Gassman stated that on page two of the Annual Work Plan, staff has listed a goal of the Commission to "Work in conjunction with the La Quinta Arts Foundation in the Art Under the Umbrellas show to highlight La Quinta Artists by posting a sign at La Quinta artists booths." The Commission was informed by Commissioner Gassman that while distributing flyers over the course of the past month to promote the upcoming Concert Under the Stars event, she attempted to leave flyers for distribution at the La Quinta Arts Foundation table in Old Towne La Quinta. The people manning the table refused to put the flyers out for distribution. Commissioner Loudon asked staff if there is a reason known why this might have happened. Staff replied she knew of no such reason. Staff suggested developing a working relationship with La Quinta Arts Foundation might be a goal for the Commission. Commissioner Gassman felt that inviting a representative of the La Quinta Arts Foundation to a meeting would be conducive in beginning such a relationship. While at a meeting, the Commission would have the opportunity to share upcoming events, ideas for events and vice versa. Open communication will be stressed and Commissioner Gassman stated that lack of communication is currently a key problem. Commissioner Loudon requested staff contact the La Quinta Arts Foundation to arrange for a representative to come to a Commission meeting. An open discussion may stop any more problems before they begin. Commissioner Gassman requested clarification from staff on page five of the work plan, second bullet mark. Commissioner Gassman interpreted this to state the Commission needs to take a more proactive approach in the inclusion of information for the GEM. Staff told Commissioner Gassman that is not the case but that she has included in the budget, funds for an Art In Public Places brochure which is a task that can be accomplished with the Commissions help. Commissioner Brodsky asked staff if there will be a map 0 Cultural Arts Commission Meeting Minutes Page 4. and photos included in the brochure, to which staff said there will be. Commissioner Loudon stated that currently she sits on the board, and is Vice President of the Coachella Valley Arts Alliance. Commissioner Loudon stated her forte has always been fundraising, and feels that since there have not been any fundraising activities this past year, her skills are not being utilized. Because of this, she said her skills will be better suited elsewhere and informed the Commission she will resign her post in June of this year. Commissioner Loudon said she feels the wording on page six, under the third bullet might be changed so they are not obligated to the Coachella Valley Art Alliance. Staff recited the text in the Work Plan as as deemed appropriate by the City Council" and stated that it does not, in fact, obligate the Commission. Commissioner Loudon said the text is fine as listed. Commissioner Gassman stated she felt the goals listed by staff were appropriate and readily achievable. She also stated she thought the format was wonderful. Each Commissioner shared Commissioner Gassman's feeling about the Work Plan and thought it was very well laid out by staff. It was moved by Commissioners Brodsky/Gassman to accept the proposed Work Plan with the few minor changes by the Commission for staff to present to City Council. Unanimous. VI. CORRESPONDENCE AND WRITTEN MATERIALS A. Monthly Calendar of Events — Commissioner Loudon thanked staff for the inclusion of the calendar in the Commission packet. She stated it is a very useful tool for the Commissioners. B. Commissioner Vacancy — Commissioner Loudon stated she was very troubled by the events surrounding the vacancy. Specifically, she is upset that Commissioner Lane only listed half truths in her correspondence to staff and the rest of the Commission. Commissioner Loudon stated that she encouraged Commissioner Lane to attend the upcoming meeting, which would have been the current night's meeting. Although Commissioner Loudon said she felt the right decision was made by the Commission and City Council to relieve Commissioner Lane of her position, she felt sad for Commissioner Lane because the minutes did not show what Commissioner Lane asked her. ;s A. 3310 . Cultural Arts Commission Meeting Minutes Page 5. Commissioner Brodsky said he clearly heard Commissioner Lane tell him that she would not be willing to attend any Commission functions in the future which is a direct contradiction of what she stated in her e-mail correspondence. Commissioner Gassman told the Commission that in her opinion, there is nothing more that needs to be done on this issue, and no further communication should be had. Commissioner Gassman asked staff if there will be a posting for the new Commission position. Staff said this issue will be discussed by the City Council at the next meeting. C. Point Happy and Solitude Improvements — Staff gave a verbal update on the art improvements. The City Council will consider the Commissions update to determine if they want to spend money to improve the two art pieces. The City Council Meeting will be held on April 19, 2005. D. Correspondence from Ellie Berliner - Commissioner Reynolds expressed her dissatisfaction that the correspondence from Ms. Berliner arrived so late. Commissioner Gassman commented on the mailing date of March 25, 2005 and stated there wasn't near enough time to plan on attending the show as requested in the correspondence. Commissioner Brodsky stated his wife attended the Opera in the Park which took place in Palm Springs on April 10, 2005. There was an estimated two to three thousand people in attendance. Commissioner Brodsky said the event was very successful and suggested using it as a model for our City. Commissioner Reynolds stated she felt that advertising is the key to any successful event. The Opera in the Park was advertised on television, over the radio and in print. Commissioner Loudon said they had big name supporters such as KMIR TV which made a big difference in their advertising. Commissioner Gassman noted the time of day and the time of year the events are held directly correlate with attendance. Commissioner Brodsky commented on the timing of the Opera In The Park that took place in Palm Springs which was on a Sunday and in the early afternoon. Commissioner Brodsky also stated this time of day/week will find many people together after church and is a time when families are looking for something they might enjoy together as a family. Commissioner Loudon requested that staff make a note of month and time of day for future events as it appears conducive to community participation. Commissioner Gassman said that while some areas of the Cultural Arts are still in their infancy, time is always a factor and that it always takes time for people to start coming to events on a regular basis. �81 Cultural Arts Commission Meeting Minutes Page 6. Commissioner Reynolds asked staff if there has been any advertising for the upcoming Concert Under the Stars in the local paper. Staff stated that all advertising is turned over to Kiner Communications to handle. Commissioner Reynolds said that it is very important to advertise in the Weekender for residents and out-of-towners alike. Commissioner Gassman asked staff to find out how much advertising will be for the Weekender so that future events may be advertised there. Commissioner Gassman suggested that if events are not making it to the newspaper, perhaps a new advertising agency should be sought after. Ms. Jan Blakely informed the Commission that KWXY is a local radio station that offers free advertising and service announcements. Commission Loudon and Commissioner Brodsky both stated they listen to the station regularly and believe advertising here would be beneficial for future events. Director Horvitz told the Commission again that the advertising is always turned over to the advertising agency to handle. VII. COMMISSIONER ITEMS A. Commissioner Attendance at Community Functions — Commissioner Reynolds told the Commission that she attended the Art Show which took place at the Tennis Gardens in Indian Wells. She brought with her a fan that was passed out to the patrons of the event which advertised City information. The fan included the City's website address and telephone number and was distributed out of the City booth. While at the City booth, people were able to discuss living in the City of Indian Wells to potential residents. Commissioner Reynolds gave the fan to staff with a request that our City might use this idea in the future. Commissioner Reynolds suggested the cost should be minimal and is an ideal way to advertise for the City of La Quinta. Commissioner Reynolds said she was also able to attend the Umbrella show put on by the La Quinta Arts Foundation. Commissioner Reynolds said she spoke with Kathleen Hughes from the La Quinta Arts Foundation while there, and found out local concierges were approached and given event information to pass out to visitors and that this proved to be very helpful for attendance. Commissioner Reynolds suggested to the Commission using this approach to advertise for upcoming events in the future. The Commission agreed this is a good idea that should be utilized to its fullest. Commissioner Reynolds stated she left Concert Under the Stars flyers at a local bank for distribution. 0 Q6 Cultural Arts Commission Meeting Minutes Page 7. Commissioner Brodsky said that like Commissioner Reynolds, he also attended the Umbrella Show and the Art Show at the Tennis Gardens. Commissioner Brodsky questioned attending events outside the city and Commissioner Loudon said that indeed it helps if Commissioners are able to attend outside events then they will be able to bring ideas back to our City. Commissioner Gassman attended the Art Show in Indian Wells. She presented to the Commission a list of twenty-one places where flyers were distributed to advertise for the upcoming Concert Under the Stars event. Commissioner Gassman stated that in addition to the locations listed, she neglected to include the library, Post Office, Ace Hardware, Great Clips, Stater Bros, Video Depot and the Beachside Cafe. At each establishment, Commissioner Gassman requested that a flyer be placed in the window and the employee lounge. Ace Hardware refused to post a flyer but Great Clips posted one in both the window and the employee lounge. Commissioner Gassman commented that of all the business visited, far and away, the owner of the Beachside Cafe was the friendliest and the most eager to help in any way necessary. Commissioner Brodsky stated the Beachside Cafe is under new ownership. Commissioner Brodsky stated he brought flyers with him to the Coffee Klatsch which takes place every Thursday at Jensen's. Commissioner Brodsky stated this is an informal coffee break where anyone can come and talk about whatever they wish to discuss and is open for more than just City business. The Commission was informed the Mayor makes a point of attending this event every week along with about twenty other people. Commissioner Reynolds said the Mayor has been attending this Coffee Clash for about ten years and has moved locations through the years. Commissioner Loudon thanked Director Horvitz for all the hard work she has done for the City and for the Commission over the past month. XI. ADJOURNMENT It was moved by Commissioners Gassman/Reynolds to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 7:55 PM Submitted by: Chris-'fy, Kerry, Comity Services §gbretary J 8 3 '`� � REPORT/INFORMATIONAL ITEM: 4 COMMUNITY SERVICES COMMISSION MINUTES April 11, 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 Hackney led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Jack Fleck Commissioner Ed Hackney Commissioner Victoria St. Johns Commissioner Mark Weber MEMBERS EXCUSED: Commissioner Bob Leidner 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 March 14, 2005 Minutes B. Monthly Department Report for February 2005 It was moved by Commissioners Hackney/Weber to approve the Consent Calendar. Unanimous. V. PUBLIC HEARING - NONE VI. BUSINESS ITEMS Community Services Commission Minutes A. Annual Work Plan — Director Horvitz directed attention to the layout of the 2005-2006 Work Plan. The Commission was informed that the City Council wanted to see more clearly defined goals as well as tasks that can be accomplished. Staff included in the Work Plan suggested goals and accomplishments for the Commission to consider. Commissioner St. Johns stated that she was very pleased with the goals and calendar as laid out by staff. Director Horvitz highlighted the task list as presented on page seventeen of the Commission Packet. Under Community Services/Recreation, staff stated the goal is for the Commission to host meetings to identify any gaps and/or overlaps of service. The Community Provider Meetings can be with any number of groups such as the Boys & Girls Club, CVRPD and the La Quinta Arts Foundation. Commissioner Hackney asked staff if it would be possible to have this meeting before August. Staff said it would be very difficult to organize this meeting in such a short period of time due to busy schedules this time of year. Commissioner Weber asked staff if all groups should meet together in the same room to which staff replied that would be very advantageous so each knows what the other organizations are doing. Commissioner Hackney said these meetings will be conducive to an open government and a strong liaison relationship. Additionally, Commissioner Hackney suggested to the Commission that perhaps they should reciprocate and attend meetings held by the guests. Commissioner Weber felt that if the Commission were invited to attend meetings, they should go. Staff stated that in the past, Commissioners attended outside meetings and that it certainly falls within the Work Plan. Additionally, each Commissioner was asked to recommend two new programs for inclusion in each of the three upcoming Community Services brochures. Staff stated the Parks and Recreation Master Plan will come before the Commission by fall of this year. Under the Liaison To Community, staff requested that the Commission select Community Services Commission Minutes different service providers to attend the Commission meetings. Commissioner Weber felt that in addition to the service providers listed on page seventeen of the Commission packet, the Chamber of Commerce should be listed as well. For the Safety portion of the Work Plan, the Commissioners were asked to select a park they would like to take "ownership" of. Commissioners are requested to do spot checks at the park. Director Horvitz stated that she felt that this task as well as the others will be able to be measured for next year. Commissioner Hackney wanted to know who was going to select each of the parks. After discussion between the Commissioners, the parks were assigned. Commissioner St. Johns stated she lives near the top of the cove and would like to volunteer for the Oasis Covehead Trail. Commissioner Weber stated he was pleasantly surprised when he recently made a trip there for the first time. Staff stated that there are improvements in the works for the Covehead Trail including a bronze relief map, boulder chairs and a bike rack. Commissioner Hackney volunteered for Fritz Burns Park. Commissioner Weber signed on for the La Quinta Park. Commissioner Weber stated this park is near his home and is frequented by his family. Commissioner Fleck volunteered for Adams Park. Staff stated this external monitoring from the Commission will be very helpful to the department as well as the community. Commissioner Weber asked what the protocol is when situations come up at the park that requires a work order. Staff replied the Commissioners may send an e-mail request to the department Secretary, may call the Community Services Department, or may leave a message after hours on the department voicemail. When the requests are received by the Secretary, she will submit a work order to the Public Works department. Under Community Services/Recreation, the Commissioners are asked to review the department brochure to make recommendations for new programs, classes or excursions. J 8 S, Community Services Commission Minutes Staff stated the Commissioners may suggest any class or event they feel should be offered, or perhaps something they have seen offered elsewhere that they would like to see within our City. Commissioner Fleck asked staff if there is an existing evaluation form the Commissioners may use when needed for a class they may wish to evaluate. Staff stated such a form currently exists and will be happy to provide it upon request. Staff stated that there is a need for new ideas and programs that would regenerate and bring in new participants. Director Horvitz used the Adult Egg Hunt as an example for the Commission. One hundred and six participants showed up for the event and the event warranted television coverage. Both observers and participants stated they had an incredible time and proved to be a clear success and model for future events. Staff stressed the importance of having a wide enough variety of offerings to keep people involved. Commissioner Fleck asked staff what the target age group for new classes will be. Director Horvitz said that after the Adult Egg Hunt, the department feels that more socialization for adults is needed but also stated the department is open to any age group. Commissioner Weber suggested offering dog training classes and dance classes. Staff told the Commission that both classes are currently being offered. Commissioner Weber also suggested the department offer tennis lessons. Currently CVPRD uses the tennis courts at Fritz Burns Park for lessons so tennis will not be available as an offering. Director Horvitz said that these ideas are what the staff needs so they may try and find suitable instructors. Commissioner Hackney stated that a lot of senior citizens enjoy playing cards. Currently only bridge is being offered at the Senior Center and he suggested perhaps offering a variety such as cribbage, bunko, rummy or pinochle. Commissioner Fleck stated that when he lived on the east coast, his community offered checkers tournaments. The events were well attended Community Services Commission Minutes and were elimination style competitions. The last man standing was crowned the Checkers King. Recently, Commissioner Fleck stated he was at Fritz Burns Park when he witnessed a young man playing with two gas powered racers on the grass. He observed they were fast and easily controlled so he spoke with the young man. Commissioner Fleck was informed that the price of entering a race at Hobbytown is ten dollars per car per race and is simply too expensive for the young man. Perhaps in the future, the City can offer some kind of race which can include straw bales, barriers and safety areas. There can be both a straightaway and laps for the racers. Commissioner Hackney concurred that this is a very good prospect. Commissioner Fleck said he felt this type of event would draw not only participants but spectators as well. Commissioner Weber asked staff what type of functions they might attend as Liaisons to the Community. Staff stated that historically, Commissioners have attended the Mayor's luncheons and mixers. Page twenty-two of the Commission packet discusses safety. Staff stated that the Commission used to do more for safety in the community such as hand out pamphlets and brochures as well as become CPR certified and educate the community on earthquake preparedness. Staff stated the Commission might consider having the Safety Manager attend a Commission meeting to talk about how the City is prepared for an emergency. Bike safety is a topic that Commissioner Weber asked staff about. Director Horvitz said that Kristin Riesgo, Recreation Supervisor for the Community Services Department, is currently working on an event to promote bicycle safety. Senior safety was also an idea proposed by Commissioner Weber. He stated that seniors have special needs in the home such as medications, security and emergency contact information. The Community Services Department could coordinate efforts with the Public Safety department to put together a program. Commissioner Hackney suggested looking to AARP for a program like this. Perhaps they might already have an existing program that can be easily implemented at the Senior Center. Commissioner Weber asked staff about Commissioner presence at the City Council meetings. Staff told Commissioner Weber that if there is something J�$ Community Services Commission Minutes on the agenda that they are interested in, they are encouraged to go. Commissioner Hackney said that when he has attended Council meetings in the past, they are . very fast paced and busy so any type of interaction with Council, outside of public comment, would not be likely. Staff stated that the Council Review takes place in the fall of each year so each Commissioner will have an opportunity to meet with the Council Members as a group to discuss Commission issues. The Commissioner's are also encouraged to attend special events like the Community Picnic which will have a strong City Council attendance. Director Horvitz suggested a Commission presence might be helpful when the Work Plan goes before the City Council. In the event questions arise, there will be someone there to answer those questions on the Commissions behalf. Commissioner Fleck suggested that perhaps the Commission should encourage more public comment from the community during the City Council Meetings. Director Horvitz replied that with the new technologies available, e-mail has become the fastest mode of communication for community concerns, opinions or complaints. Commissioner St. Johns commented that historically, when there are hot button issues within the community, a concerted effort is made within the community to speak directly to the Council. It was moved by Commissioners Weber/Fleck to approve the 2005-2006 Annual Work Plan for staff to present to City Council. Unanimous. B. Community Picnic and Birthday Bash — Commissioner Weber asked staff's opinion about pre -assigning tasks for the event. Staff suggested that Commissioners arrive at 8:30 AM. Since all participants in the Community Picnic need to provide their own shade structure, morning set-up is extensive. In addition to set-up, there is trash receptacle placement, cake cutting and serving as a guide for participants. Commissioner St. Johns informed the Commission that in response to a letter that went out to the community asking for participation in the Community Picnic, she received a gift certificate in the amount of $25.00 C 39 Community Services Commission Minutes from Fisherman's Market and Grill and one in the amount of $50.00 from Kaiser Grill. Both certificates were given to Director Horvitz. Staff stated that she will contact both establishments and ask if the City can use the gift certificates for the upcoming golf tour hosted by the Community Services Department. Commissioner St. Johns stated that regrettably, she will be unable to attend the Community Picnic. Commissioner Fleck asked if additional help will be needed because he is willing to enlist his wife. Staff stated that there is currently part-time staff, City Council Members, Commissioners and volunteers lined up for the event, but additional help is always appreciated. Proper attire, which should be comfortable, warm weather clothing with a hat, was discussed by the Commission members as well as other possible items they might be able to help with such as pick up trash and pass out water. It was moved by Commissioners Hackney/Fleck to arrive at the Community Picnic and Bash at 8:30 AM and work throughout the day as items are assigned. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Calendar of Monthly Events — Director Horvitz reminded the Commission that the "Concert Under the Stars" event takes place this coming Saturday, April 16, 2005 at the Civic Center Amphitheatre. Flyers for the concert were given to the Commissioners to distribute within the community. Staff stated that both Commissioner attendance at the event and distribution of flyers would be helpful. A suggestion was made by Commissioner Hackney to include a map to the amphitheatre in the future because many residents may be not be aware of the location of the amphitheatre. B. Correspondence from Commissioner Leidner — Director Horvitz directed the Commission's attention to page twenty-nine of the Commission packet. Community Services Commission Minutes On April 3, 2005, Commissioner Leidner sent an e-mail to staff stating he would be unable to attend the Commission meeting of April 11, 2005. C. Commissioner Attendance — Staff stated the table on page thirty of the Commission packet details attendance by the Community Service Commissioners for the fiscal year of 2004 — 2005. VIII. COMMISSIONER ITEMS A. Conference Update — Staff stated that in light of Commissioner Leidner's absence, the update will be tabled until the next Community Services Commission meeting on May 9, 2005. B. Reports from Commissioners Regarding Meetings Attended - Commissioner Hackney said he has been receiving complimentary remarks from community members who have obtained their SilverRock resident cards. Commissioner St. Johns echoed Commissioner Hackney's comment stating that she too has heard high remarks from community members, in addition to her first hand experience with the issuance of resident cards. Commissioner Fleck informed staff that he knows of a gentleman by the name of David Stepner who has recently moved to the desert from New Jersey. Mr. Stepner needs to complete three hundred hours of community service. Currently, Mr. Stepner has two hundred hours remaining which he would like to work off as soon as possible. Recently, Mr. Stepner has worked at the Senior Center with Marilyn Smith but they have run out of tasks for him. Commissioner Fleck asked staff if there is a need within the Community Services Department for Mr. Stepner. Director Horvitz stated that we are in the middle of soccer season and we can always use help. Director Horvitz took the contact information from Commissioner Fleck and stated she will speak with Robert Ambriz Jr., Recreation Supervisor in charge of the soccer league. Commissioner Fleck stated he was in attendance of the Tiny Tot Olympics for the first portion of the morning. Director Horvitz said nearly every participant was pre -registered and the event was a success. PP Community Services Commission Minutes Commissioner Weber told the Commission that his son attended the Spring Break Daycamp and had a wonderful time. Commissioner Weber was impressed by the organization and variety of activities offered by staff. IX. ADJOURNMENT It was moved by Commissioners Fleck/Weber to adjourn the Community Services Commission meeting at 8:00 PM. Unanimous. NEXT MEETING INFORMATION Monday, May 9, 2005 @7:00 PM La Quinta Civic Center - Study Session Room Submitted by: Christy Kerry, Community Services S# retary REPORT/INFORMATIONAL ITEM: 4 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 6, 2005 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:09 a.m. by Principal Planner Stan Sawa. B. Committee Members present: Frank Christopher, Bill Bobbitt, and David Thoms. C. Staff present: Community Development Director Doug Evans, Principal Planners Stan Sawa and Fred Baker, Associate Planner Wallace Nesbit and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of March 2, 2005. There being no changes, it was moved and seconded by Committee Members Thoms/Bobbitt to approve the Minutes as submitted. Committee Member Christopher abstained. Unanimously approved. V. BUSINESS ITEMS: A. Site Development Permit 2004-810; a request of La Quinta Golf Estates for consideration of final architectural and landscaping plans for the Guardhouse and access improvements for the property located at Coachella Drive between Eisenhower Drive and the La Quinta Golf Estates. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced the applicant, Peter Murphy, President of the La Quinta Golf Estates Homeowners' Association, Mr. Greg Helms and Mark Cook, A 3 G:\WPDOCS\ALRC\4-6-05 ALRC.doc Architecture and Landscaping Review Committee April 6, 2005 Association members, and Moises Troche, the architect, who gave a presentation on the project. 2. Committee Member Bobbitt asked about the issues raised at the Planning Commission meeting especially the wall issue. Mr. Greg Helm explained the issue of the wall was raised by Mr. Ted Llewellyn that his wall should be raised in height one to two feet. Since that time they have met with their engineers and they believe the wall can be raised per Mr. Llewellyn's request and they will comply. Mr. Helm stated all four property owners' walls abutting the guard house will be raised equal amounts. Committee Member Bobbitt stated raising the wall may cause an issue with blocking the views. If the HOA and the homeowners can work this out it is the best solution. From an architectural standpoint this is not an issue of the ALRC. The issues of the engineering will need to be worked out between the HOA and the applicant. Discussion followed regarding the wall height and proposed material to be used. 3. Mr. Ted Llewellyn, 49-127 El Nido, stated he had spoken at the Commission meeting and the Chairman stated at that meeting it should be seven feet and he would like to know the exact height of the wall and from where will the wall be measured. 4. Committee Member Christopher asked if one or two feet is better. Mr. Llewellyn stated the higher the better. 5. Committee Member Bobbitt stated aesthetically the height is not an issue of the ALRC, but it needs to be worked out with the homeowners. The Committee agrees with one to two feet. If the engineer states it cannot go higher it will need to be worked out structurally. 6. Committee Member Thorns asked the current height. Mr. Llewellyn stated his wall is about five feet. 7. Mr. Helm stated the height moves to follow the contour of the street. They will raise it the same amount to maintain the proportionate height to the street. The Planning Commission gave instruction for it to be one to two feet. 8. Committee Member Thoms asked if the wall will be replastered. The applicant stated yes. G:\WPDOCS\ALRC\4-6-05 ALRC.doc 2 �y�� Architecture and Landscaping Review Committee April 6, 2005 9. Committee Member Christopher asked about the painted finish on the main gate. Mr. Moses Troche, project designer, stated it would be a patina finish. Committee Member Christopher asked about a sample color pallet. Mr. Troche stated he would provide staff with the color samples. 10. Committee Member Bobbitt reviewed the prior discussion on the gate approvals. He noted the added detail to the design. 11. Committee Member Bobbitt stated the bougainvillea can be a maintenance issue. The pots need to have drainage provided. Other than that, he has no problem with the plant pallet. 12. Committee Member Christopher asked about the material on the trellis, if it would be pressure treated material to help with the long term maintenance. Mr. Troche stated it is glue -lam or pressure treated. 13. Committee Member Thorns asked about the lighting. Mr. Larry Rogelway explained it is mostly uplighting on the trees and the lanes are lit for security purposes. Committee Member Thoms asked if the foliage will be lit. Mr. Troche explained the lighting on the plants. 14. Committee Member Christopher commended the applicant and HOA for putting together a high quality set of plans. 15. Committee Member Bobbitt asked how the wall height issue would be worked out. Mr. Murphy stated Mrs. Mouriquand's wall would be the biggest issue. 16. Mr. Mike Wales, 48-955 Avenida El Nido, stated the reason for the higher height is for noise and privacy. They are not concerned with the view. The second issue is that the bougainvillea will not be up and over the trellis. If the wall needs to be replaced the homeowners and applicant should share in the cost and the homeowner should assume the liability after completion. They are looking to the City to ensure the Planning Commission conditions are met. 17. Committee Member Bobbitt asked if their recommendation would go back to the Planning Commission. Staff stated no. G:\WPDOCS\ALRC\4-6-05 ALRC.doc 3 Architecture and Landscaping Review Committee April 6, 2005 Staff will see that the conditions are met. Committee Member Bobbitt noted the one foot in height for the wall may not be an issue, but the second foot may be a structural problem. It was noted by the applicant that the wall was owned by the HOA and in some instances the wall is on the property owner's land. Staff noted this would have to be worked out between the applicant and HOA. 18. Committee Member Christopher asked if the HOA had been informed of the wall height and whether or not their decision could be appealed to the Planning Commission. Staff stated the appeal period is over and the homeowners were at the meeting to see that their concerns are heard. He reiterated that it was a concurrence of the Committee that the design is good and the applicant will work out the issues with the HOA. 19. Mr. Ted Llewellyn asked where the height of his wall would be measured from. Staff stated it was not clarified at the time of approval. The Planning Commission talked about it being seven feet and the motion stated one to two feet. 20. Committee Member Bobbitt asked if the wall does not reach two feet can the plant material reach a height to help. 21. Mr. Helm stated it has been his experience that plant material does not attenuate sound. 22. There being no further questions of the. applicant, it was moved and seconded by Committee Member Bobbitt/Thorns to adopt Minute Motion 2005-008 recommending approval of Site Development Permit 2004-810, as recommended by staff and as amended: a. When the cap is removed and a determination is made that the wall will support the two feet, the wall shall be increased two feet. B. Site Development Permit 2004-820; a request of Ehline Company/Hermann & Associates for consideration of follow-up review of landscaping plans for four prototypical residential plans, model units, and common area for Tract 31249 — Village at Coral Mountain, for the property located on the south side of Avenue 58, 1 /2 mile west of Madison Street. 396 GAWPDOCS\ALRC\4-6-05 ALRC.doc 4 Architecture and Landscaping Review Committee April 6, 2005 1. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Natasha King representing Ehline Company, who gave a presentation on the project. 2. Committee Member Bobbitt asked if the Chilean Mesquite and Bottlebrush are recommended to be deleted from the plant list, or is it a condition. He noted they are a high maintenance tree and do not work well. The issue of the grass at the curb line is a problem. CVWD currently has a requirement to keep the sprinkler heads 18 inches from the curbline. Typically you install a border and decomposed granite and even then you have problems. He would prefer the grass run to the curbline, but keep the sprinklers in the 18 inches which will give overspray and runoff that will keep the turf looking good. 3. 'Committee Member Thoms stated it could be planted as a planter bed. Staff noted if it is a rolled curb, people tend to drive up on it. He would like to see the number of Chilean Mesquite and Pepper trees reduced. Ms. Natasha King stated she agrees with their deletion and asked for a recommendation on what could be used. 4. Committee Member Bobbitt stated the City does not have a recommended list and the problem with a recommended list is that there are so many alternative plants available that it would be better for the applicant to make the selection. The Committee does not want to limit anyone on what they can use. It is just better to not have a boiler plate plant list that is used over and over again. He would recommend a variety be used and not just one or two. An Acacia species was given as an example. 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2005-009 recommending approval of Site Development Permit 2004-820, as recommended by staff and as amended: G:\WPDOCS\ALRC\4-6-05 ALRC.doc 5+' Architecture and Landscaping Review Committee April 6, 2005 a. The quantity of California Pepper trees shall be reduced on the entrance and common area and replaced with one or more different varieties. C. Site Development Permit 2004-822; a request of KKE Architects/The Dunes Business Park, LLC for consideration of architectural and landscaping plans for a retail center located on the north side of Highway 1 1 1, between Jefferson Street and Dune Palms Road. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced the applicant, Mark Giles, who gave a presentation on the project. 2. Committee Member Christopher stated the parking lot shows the parking spaces to be double -striped and he wants to ensure they will be. The applicant stated they will be. Committee Member Christopher stated he has a concern on the north elevation in regard to the view of the property owners looking at the rear elevation with distracting lighting. If they are to be shielded and down lit, the wall should be a minimum of eight feet. 3. Committee Member Bobbitt asked if there was any provision for landscaping adjacent to the Wash. Mr. Giles stated they were proposing a fence with landscaping on the interior. They would prefer to do the eight foot wrought iron fence with landscaping. 4. Committee Member Thoms asked what was proposed by Smart and Final for their fence. Staff stated the same wrought iron fencing with planting. 5. Committee Member Christopher stated it would not be as big an issue as Wal-Mart where they needed to address all the deliveries and aesthetics instead of just the noise. 6. Committee Member Bobbitt stated he would prefer the plant material rather than the block wall. He asked if the tree wells were four feet in size. Mr. Giles stated they are all six foot diamonds. Committee Member Bobbitt stated he thought they were supposed to be eight foot minimum. Staff stated the Code had not been amended to require the larger tree wells. ,)98_ G:\WPDOCS\ALRC\4-6-05 ALRC.doc 6 Architecture and Landscaping Review Committee April 6, 2005 Mr. Giles stated that going to that size it would be better to go to the finger island. 7. Committee Member Thoms asked about the small building on the south elevation; it appears too bland. His concern is that it faces Highway 1 1 1. 8. Committee Member Christopher agreed. Discussion followed regarding the uses of the building. 9. Committee Member Thoms stated the south elevation will have to be upgraded. He also noted the berm and plant material is not noted on the plans. Staff noted they will have to work within the height limits of this location. 10. Committee Member Christopher suggested canopies be added over the three window resets and some serious landscaping with more color. Mr. Giles stated they are working out the issue of a deceleration lane into the site. This will determine how much landscaping they can do. 11. Committee Member Thoms asked about staff's recommendation on Item #7. Staff stated there is no project proposed for the west side of this project and on the east side the landscaping belongs to the other project. Staff is concerned about landscaping pockets along the end buildings. Committee Member Thoms stated landscape trellises may work. Mr. Giles stated they could reduce the size of the drive aisle to gain the space to do something with landscaping. 12. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2005-010 confirming their recommendation for approval of Site Development Permit 2004-822, as recommended by staff and amended: a. The south elevation of building one shall be upgraded. b. The end buildings shall have additional landscaping. C. The crepe myrtle trees shall be substituted with a different tree variety. d. Eight foot high wrought iron rear wall with landscaping and shielded light shall be constructed. G:\WPDOCS\ALRC\4-6-05 ALRC.doc 7 399 Architecture and Landscaping Review Committee April 6, 2005 Unanimously approved. D. Site Development Permit 2004-827; a request of Colbourn -Currier -Noll Architecture for consideration of architectural and landscaping plans for four prototypical residential plans, clubhouse and common area landscaping plans for Tract 31732 located on the southeast corner of Monroe Street and Avenue 60. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced the applicants Michael Bash, Inno Brafad, and Sandra Esco. 2. Committee Member Christopher asked if this was to be affordable housing. Ms. Sandra stated the perimeters were to stay between 40-70 feet. They have added some detail and undulation to keep it economical and yet have variety. The price range would be $400,000 to $800,000. The largest would be 2,600 square feet. 3. Committee Member Thorns stated the density is very high. Staff stated it is medium density. Mr. Bash stated the density has been reduced from the original design. Committee Member Thorns asked if it has been approved. Staff stated yes, by the Planning Commission and City Council. Committee Member Thorns stated there is a lot of busy detail on the elevations. The applicant stated there is an optional casita. 4. Committee Member Bobbitt asked what material would be used on the wall. The applicant stated it is a masonry block wall with a cap. Committee Member Bobbitt asked why there was no entry off Avenue 60. The applicant stated they were restricted to not having an entry off Avenue 60. Committee Member Bobbitt asked if the gates would be automatic. The applicant stated yes, with electronic gates on Monroe Street. 5. Committee Member Christopher asked if the turning radius was a City standard. Staff stated yes, and it is approved by the Public Works Department. 6. Committee Member Thorns stated he would struggle to approve the architecture. 400 G:\WPDOCS\ALRC\4-6-05 ALRC.doc 8 Architecture and Landscaping Review Committee April 6, 2005 7. Committee Member Christopher stated that if the price range was $350,000 to $500,000, he could possibly see it, but up into the $800,000 price range the basic architecture is certainly not up to what has been approved by this Committee. There needs to be more attention to the architecture. The applicant stated that with the casitas it would go up to $800,000. Without the casitas it should only be $400,000 to $600,000. 8. Committee Member Thoms stated the color of the materials is dull. The applicant asked what colors would be better. She showed a color sample board of Tract 31733. Committee Member Thoms suggested the applicant take another look to enhance or reduce the clutter for the price range. The applicant asked if they wanted more detail or if they could explain what is wanted. Committee Member Thoms stated there are too many gable ends. One of the units has three different window shapes. 9. Committee Member Bobbitt stated he agrees. He does not like the design. They look busy and he does not like the color or the roof lines. 10. Committee Member Christopher stated that if you look at the classic Spanish Revival or Tuscan architecture it would help their design. They need to review some of these elements as they are missing in these plans. The Committee's statement is that this does not aesthetically meet the City's design criteria. Community Development Director Doug Evans stated they have expressed their concerns and this architect can enhance their product based on their comments. We do not want to redesign the project, but the Committee can state it does not meet the criteria of the City for a community. 11. Committee Member Christopher stated that if their theme is to be Spanish or Tuscan then they need to review the elements of those designs. The front gate elements are plain and simple with vertical lines. They need something with more detail with aesthetic value. Staff noted the landscape plan was conceptual. One entrance in and out is also a concern. Staff noted the subdivision design has been approved. 12. Committee Member Thoms noted the plans are conceptual and the California Pepper should be limited as well as the mesquites. G:\WPDOCS\ALRC\4-6-05 ALRC.doc 9 Architecture and Landscaping Review Committee April 6, 2005 13. There being no further questions of the applicant, it was moved and seconded by Committee Members Christopher/Bobbitt to adopt Minute Motion 2005-011 recommending denial of Site Development Permit 2004-827, with a note to the Planning Commission that they review the architecture plans to be more in line with classic architecture if they are trying to achieve the Tuscan or Spanish Revival look. More color and deviation in the colors is also needed. Unanimously approved. E. Site Development Permit 2004-828; a request of Colbourn -Currier -Noll Architecture for consideration of architectural and landscaping plans for three prototypical residential plans, clubhouse and landscaping plans for Tract 31733 located on the northeast corner of Monroe Street and Avenue 61. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted the architecture is similar and the Committee may want to apply the same comments to this tract. 2. Committee Member Thoms noted the site plan is better. 3. Committee Member Bobbitt asked if the price range would be the same. The applicant stated approximately the same. 4. There being no further questions of the applicant, it was moved and seconded by Committee Members Christopher/Thoms to adopt Minute Motion 2005-012 recommending denial of Site Development Permit 2004-828. Unanimously approved. F. Site Development Permit 2004-834; a request of Choice Enterprises for consideration of architectural and landscaping plans for three new prototype residential units with two facades each located at the southwest corner of Avenue 60 and Madison Street. 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. Staff introduced the applicant David Sacculla, who gave a presentation on the project. G:\WPDOCS\ALRC\4-6-05 ALRC.doc 10 Architecture and Landscaping Review Committee April 6, 2005 2. Committee Member Bobbitt asked if the applicant was intending to include the landscaping with the house. Will there be a variety of landscaping product offered? Mr. Sacculla stated they would be offering a conceptual design and will allow the applicant an option on the plants. Committee Member Bobbitt stated his concern was whether or not there would be a theme. Mr. Sacculla stated they would control the theme, but accommodate suggestive sales. 3. Committee Member Christopher stated there should be continuity of streetscape as a condition. 4. There being no further questions of the applicant, it was moved and seconded by Committee Members Bobbitt/Thoms to adopt Minute Motion 2005-013 recommending approval of Site Development Permit 2004-834, as recommended by staff and amended: a. Continuity of streetscape 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 May 4, 2005. This meeting was adjourned at 12:10 a.m. on April 6, 2005. Respectfully submitted, YAjW ER Execu SrTYSecretary y G:\WPDOCS\ALRC\4-6-05 ALRC.doc 11 403 REPORT/INFORMATIONAL ITEM: /9 MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA March 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 11 Staff Present: Community Development Director Doug Evans, and Secretary Carolyn Walker ' II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: It was moved and seconded by Commissioners Puente and Mouriquand to approve the minutes of February 17, 2005 as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Paleontological Resources Assessment Report: Applicant: Monroe Dates Archaeological Consultant: CRM TECH (Harry Quinn, Geologist/Paleontologist) Location: West side of Monroe Street at Avenue 61 (60-995 Monroe Street) 1. Community Development Director Doug Evans presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 4A PACAROLYWHist Pres Com\HPC 3-17 05.doc Historic Preservation Commission March 17, 2005 2. Commissioner Mouriquand commented the report was dated 2003 and wanted to know why the Commission was receiving it now. Staff deferred the question to Michael Hogan, of CRM TECH, who replied they submitted the report to their client in 2003. Commissioner Mouriquand asked if there had been a problem with the report. Mr. Hogan replied he had discussed the report with staff and there were no issues. He commented the client may have now been at a stage in the project where they realized they had to submit the report. 3. Commissioners Sharp, Puente, and Wright had no comments. 4. Commissioner Mouriquand asked what was being done with all the shells being collected. Staff replied they are temporarily being stored at City Hall until a permanent location has been determined for curation. Staff suggested the Commission and the consultants might want to give staff direction as to the disposition of the shells. 5. Commissioner Mouriquand asked Mr. Hogan if he had any recommendations for the City. Mr. Hogan replied the idea of collecting the shells is to find out more about micro environments. Commissioner Mouriquand suggested a data base needed to be created. Commission discussion followed regarding the amount of shells collected and whether representative samples should be kept. Mr. Hogan said the protocol of shell collection followed the San Bernardino County Museum's recommendations. Commissioner Mouriquand suggested the staff could write to the Museum regarding the significance of the shells and ask for their recommendations for collection and storage of them. 6. Commissioner Puente asked if the City was going to build a museum for items such as these shells. Commissioner Mouriquand said they were eventually, but until then the pot sherds and shells should not be disposed of, due to lack of curation space. She was not recommending the City throw the shells away. 7. Staff asked if the Commissioners would like to add that recommendation to the motion. It might be prudent to make a request then if we are not going to collect, hold, and store the PACAROLYWHist Pres Com\HPC 3-17-05.doc 2405 Historic Preservation Commission March 17, 2005 shells per this recommendation; we would bring that back to the Commission. Staff emphasized resources would not be destroyed without the Commission's approval. 8. Commissioner Mouriquand said she was not discussing destruction but better curation such as the museum where they might be used for research. Staff replied they have contacted the San Bernardino Museum and their conclusion was they didn't want them. Staff said the major question is how many of these resources should be maintained. Staff suggested they come back to the Commission, on a policy basis, for concurrence before altering the reports or doing something with present resources. 9. Commissioner Mouriquand commented she was not a paleontologist, and did not want to influence the City's decision on the -disposition of cultural resources. Staff suggested the Commission could ask CRM TECH's representative to write a report on that issue. Commissioner Mouriquand agreed suggesting the consultant ask Harry Quinn, their Paleontologist for his input. 10. Michael Hogan commented he'd heard Mr. Quinn discussing this matter in the context of subspecies. Commissioner Mouriquand said a paleontologist's opinion would be invaluable regarding whether the City should save these resources and how they should be saved. 1 1. Chairman Wilbur added the recommendations needed to be from someone who was qualified to determine retention or destruction of resources. He commented the City Council would not like to hear that the City got rid of all the fossil shells without any consideration other than the knowledge of the Commission and a few research firms. 12. Commissioner Mouriquand suggested the library, or new museum, could have some sort of educational interpretive exhibit and use them as display. 13. Staff summed up the Commission's suggestions as 1). Staff is to contact the San Bernardino Museum regarding curation guidelines; 2). The project consultant, or their Paleontologist, PACAROLYWHist Pres Com\HP-C 3-17-05.doc 3 406 Historic Preservation Commission March 17, 2005 shall respond to the curation questions in a brief, concise letter report; and, 3). At the conclusion of those two tasks this item. will be returned to the Commission to establish a policy that is City-wide. Changes should not be made project by project and consultants that work in La Quinta should be advised if the City is not going to collect and store these resources. Upon completion of the City policy, consultants may then be able to make a determination in the field, when they make their report, as to whether or not the resources are significant. For purposes of this report, the current recommendations will remain the same. 14. Commissioner Mouriquand said the Commission has never had a professional Paleontologist address, or educate them. It would be nice to invite one sometime to educate the Commission on the significance of these questions. Staff stated they would do a little research on this. 15. It was moved and seconded by Commissioners Puente and Mouriquand to adopt Minute Motion 2005-006 accepting the results of the Paleontological Resources Assessment Report for Monroe Dates with the following additions: A. Staff is to contact the San Bernardino Museum for their protocol on collection and storage of said fossil, or shell, remains from various sites. B. The CRM TECH project consultant (or Paleontologist) will write a concise letter report on the issue of collection, retention and curation of resources. C. At the conclusion of items A and B, the information will be returned to the Commission for purposes -of establishing a City-wide policy. Unanimously approved. B. Phase I Cultural Resources Assessment of a 28.73 Acre Property and Phase II Test of Site CA-RIV-7138/H: Applicant: Monroe Dates, LLC Archaeological Consultant: Archaeological Advisory Group for Phase I and CRM TECH for Phase II 4 PACAROLYMHist Pres Com\HPC 3-17-05.doc 4 Historic Preservation Commission March 17, 2005 Location: West side of Monroe Street at Avenue 61 (60-995 Monroe Street). 1. Community Development Director Doug Evans presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Staff had some additional comments on the demolition of the project buildings and the pool. The area had been annexed into the City and was not part of any previous surveys. There was no documentation for staff members to check prior to the issuance of a demolition permit. Therefore, they did not ask questions about the date of construction, or age of structures, which would have triggered an inquiry. Staff has met with various department staff members regarding procedures relative to these types of resources. Staff is currently working with the Building Director to find out the best training program for interception of historic properties. Future surveys in areas annexed would be included in the permitting system which would help in locking up those particular sites. When a permit is requested the system will not allow issuance, and that's the best way to prevent demolition of the site. To the best of our knowledge there were no known resources on the site relative to significance of structures, but again once they're demolished it's difficult to determine whether or not they were significant. The City is very concerned about what occurred but is trying to fix the problem so it does not happen in the future. 3. Commissioner Wright said the Commission had this same problem a year ago on a property that was demolished. Staff informed the Commission that no demolition permits were going to be issued unless the Historic Preservation Commission was informed of this. This does not appear to be the case. The problem is the Commission was never aware of this report which was done in July 2003. They didn't have the date of the demolition and were unable to do any documentation prior to destruction of the site. However, the Commission does need to be assured that the permitting problem has been solved as promised. No demolition permits were to be issued unless they went through the Commission. One of the problems is that there are current City of La Quinta properties and future - annexation properties. The best way to handle the problem PACAROLYWHist Pres Com\HPC 3-17-05.doc 5 4 -#0 V Historic Preservation Commission March 17, 2005 would be to have no demolition permits issued unless the properties were at least surveyed by a staff member to determine if there were any structures on the property. The project would not have been stopped, but there should be an opportunity to prepare a photographic journal of the structures on the property before demolition. Projects would not be held up because of this but the documentation would be done. The structures may not have been historically significant, but they needed to be in our Historical Survey photographically. If not, then they are- lost forever. 4. Commissioner Mouriquand said historically the Building Department has issued demolition permits with -the Commission finding out after the fact. So this has been an ongoing problem. She commented on some of her mother's memories of events at the Roarke Ranch. She said it was a well-known local gathering place and a cultural resource. It was strictly local people, and of local significance. 5. Commissioner Wright agreed it was a real cultural resource in the community and if the house was built in 1925, it would have been about the period of time that our early history starts architecturally, in this Valley. This concern was brought up almost a year ago, and apparently there needs to be better communication with the building Department to let them know that the Commission can take a more proactive stance if needed to involve SHPO. He gave an example of the SilverRock project and the proposed demolition of the Ahmanson Ranch building, which is now the clubhouse. The demolition permits were in, but the Commission invoked its rights, as a Certified Local Government (CLG), and the City had the project reviewed by a staff person. The project was then fully documented. 6. Commissioner Wright said this is a very sensitive issue and he did not want to see another property demolished without a photographic record, or the Commission and staff being aware of it. There are very little cultural and historic architectural resources left in this community and they all need to be documented. It's just as important as the Paleontological and Archaeological documentation. PACAROLYMHist Pres Com\HPC 3-17-05.doc 4 `7 J 6 Historic Preservation Commission March 17, 2005 7. Commissioner Mouriquand commented if the property had been assessed it might have come back as having no significance. However, this property would have provided information on early settlement patterns and land uses and the information in and of itself has value. Possibly demolitions should be made subject to CEQA. 8. Staff suggested the Commission may not want to react with the recommendation they review all demolition permits, because of the number of very routine permits which could include the demolition of an interior wall in a contemporary building. Staff asked the Commission to allow them to work with the other departments on a minimum of three items: 1). Instituting a "holds and notices" permit system for staff to see and report back on when it's done; 2). The City will be educating department staff, on a regular basis, to be inquisitive about demolition permits; and 3). Staff will be instituting a system that should avert as many potential problems until every property in town is surveyed and all efforts have been exhausted to try to identify resources. However, humans make mistakes and something could occur that because of withholding information at the counter, lack of familiarity with the location, or any number of other circumstances, a permit could get issued for something that may have a potential historic element. Every reasonable measure will be utilized. What occurred last year may have been due to the start-up of the system and turnover in staff. It may not have been fully put into place. A new permit feature has been added that allows us to be a little bit tighter on how we set up the permit system. Please allow staff a little time to work with Building & Safety and we'll report back at the next meeting as to our program to try to eliminate this to the greatest degree possible. If you've ever worked a permit center there are a lot of different ways to present something that something could have a problem, or concern, and it is expressed to you as there nothing there and the volume of work that we do you have to rely on people's good faith efforts to be truthful and up front. And in everything you do you expect our consultants to have good eyes, good research abilities, analytical skills, and reporting techniques because we can't be there for everybody, but we will make it better than it is today. PACAROLYMHist Pres Com\HPC 3-17-O5.doc 7 410 Historic Preservation Commission March 17, 2005 9. Commissioner Wright asked if all the buildings on the historical survey had already been included in the system. Are they red - flagged so when someone comes in and asks for a demolition permit and the people behind the counter can see these are historical sites? Staff replied they had not had a chance to inspect the system, yet, but would get an answer and advise the Commission. 10. Commissioner Wright said it was extremely important that the properties photographed and documented in the survey be included. 11. Staff replied all of the information is not currently in the system, but will be added in the fashion described. The system will then stop all permits until somebody is forced to do the research. 12. Chairman Wilbur asked if this was a software system. Staff replied yes, it's a Building Permit system that is usually described as "holds and notices". The City can put a hold on a permit because somebody hasn't paid a business license and the system will then freeze up. It is a new system and staff is still working to improve it. Meanwhile, the City does recognize the Commission's concerns and staff will look into the matter and report back with further information. 13. It was moved and seconded by Commissioners Wright and Puente to adopt Minute Motion 2005-007 accepting the Phase I Cultural Resources Assessment of a 28.73 Acre Property and Phase II Test of Site CA-RIV-7138/H as submitted. Unanimously approved. 14. It was moved and seconded by Commissioners Wright and Sharp to adopt Minute Motion 2005-008 accepting the Archaeological Testing and Evaluation Report — Site CA-RIV- 7138/1-1 report as submitted. Unanimously approved. C. Historical/Archaeological Resources Survey Report for Tentative Tract Map 32979: Applicant: Foxx Homes (David Kulstad, Vice President) Archaeological Consultant: CRM TECH (Michael Hogan, Principal) Location: West of Washington Street and North of Avenue 47. 4 1 P:\CAROLYN\Hist Pres Com\HPC 3-17-05.doc 8 Historic Preservation Commission March 17, 2005 1. Community Development Director Doug Evans presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Puente commented on the difficulty in obtaining responses from the Native American Commission. 3. Commissioner Wright stated we must continue to make the effort, and it's up to the Agency to reply. 4. Commissioner Mouriquand added it is not incumbent upon the applicant, or the consultant to insure they actually receive a response, only that they submit a request for comments. 5. Commissioner Sharp had a question about location. Commissioner Wright outlined the area involved. 6. Commissioner Puente asked if there was a question about mitigation when this property was surveyed in 1991. She asked if that was why the applicant recommended limited archaeological monitoring. Mike Hogan (CRM TECH) replied there were sites recorded that had been tested. One of the sites was actually determined to be a historical resource and mitigated the impacts for that site. There still might be some other resources there and monitoring is recommended. 7. Commissioner Mouriquand made an observation about the property having a wind current that carries airborne or Aeolian sand, over the mountains and deposits it right on the project site. This development is going to be constantly fighting off the sand that's trying to bury them. It's a wind pattern phenomenon. 8. Staff replied the entire Coachella Valley has the same problem. The mountains are trying to fall down and the . Valley is filling up. The full environmental assessment on this property has not been completed yet. 9. Chairman Wilbur, Commissioners Sharp and Wright had no comments. PACAROLYMHist Pres Com\HPC 3-17-05.doc 9 412 Historic Preservation Commission March 17, 2005 10. It was moved and seconded by Commissioners Wright and Sharp to adopt Minute Motion 2005-009 accepting the Historical/Archaeological Resources Survey .Report for Tentative Tract Map 32979 as submitted. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: VII. COMMISSIONER ITEMS: A. Tribal Consultation Guidelines (Interim) for Senate Bill 18 - Guidelines for consulting with various tribes. 1. Staff gave a brief update on how SB 18 affects future general plan updates and planning guidelines. Staff asked the Commissioners to let staff know if they have any thoughts or ideas on this legislation and to be incorporated in the comments. Staff said in the future we can expect more legislation regarding cultural resources. Many Tribes are becoming much more sophisticated in reviewing what's going on with resources and developing an advocacy position. In the Coachella Valley we are ahead of some areas. Tribes such as the Agua Caliente are very active in reviewing cultural resources. 2. Commissioner Mouriquand asked how many Specific Plans were currently being processed because this applies to Specific Plans. Staff replied a small amount and most of them were very minor just a page or two. Commissioner Sharp asked if this memorandum pertained to all the tribes in the state, from north to south, not just the Coachella Valley. Staff replied yes. B. April 10" Field Trip 1. Commissioner Mouriquand discussed some of the areas the Commissioners would be visiting. 2. Chairman Wilbur confirmed the Commission would meet at City Hall at 8:00 a.m., April 10, 2005. 3. Staff discussed the Brown Act applications for the meeting and Commissioners were cautioned not to discuss Commission business while traveling to and from cultural sites. P:\CAR OLYMHist Pres Com\HPC 3-17-05.doc 10 3 Historic Preservation Commission March 17, 2005 4. Commissioner Mouriquand said she had prepared handouts and would bring some artifacts, as well as some mesquite cookies for the Commissioners' enjoyment. 5. Commissioner Sharp asked if the tour would last around two hours. Commissioner Mouriquand replied it could be two hours. Chairman Wilbur thought it would be over by 11:00 including travel time. Commissioner Sharp asked if they could invite outsiders. Staff replied it is a public meeting. There should be discussion and agreement upon on how many people would actually be invited. If anybody wanted to come they could. The City is not obligated to provide transportation for the public. 6. Commissioner Mouriquand cautioned everyone to bring boots, water, and wear common-sense hiking attire. 7. Chairman Wilbur thanked Commissioner Mouriquand for her efforts on this tour. He expressed the Commission's appreciation. Vill. 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 Special Meeting to be held on April 10, 2005. This meeting of the Historic Preservation Commission was adjourned at 3:55 p.m. Unanimously approved. Submitted by: Car oly ' alker Secretary PACAROLYWHist Pres Com\HPC 3-17-05.doc 11 414 REPORT/INFORMATIONAL ITEM: OLO MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 22, 2005 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Ladner to lead the flag salute. B. Present: Commissioners Ed Alderson, Rick Daniels, Kay Ladner, and Chairman .Tom Kirk. It was moved and seconded by Commissioners to excuse Commissioner Quill. Unanimously approved. C. Staff present: Community Development Director Doug Evans, Assistant City Attorney Michael Houston, Assistant City Engineer Steve Speer, 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 March 8, 2005. There being no corrections, it was moved and seconded by Commissioners Daniels/Alderson to approve the minutes as submitted. V. PUBLIC HEARINGS: A. Site Development Permit 2005-825; a request of Family Heritage Church for consideration of development plans for a classroom building addition to an existing church consisting of two 2,500 square feet facilities, located on the northwest corner of Miles Avenue and Adams 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\3-22-05.doc 413 Planning Commission Minutes March 22, 2005 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked about the two large pine trees on the west side, would they be removed with the development. Staff stated the applicant would need to answer this question. 3. Chairman Daniels asked about the relocation of the trash containers as to whether or not Waste Management had given any input to the location. Staff explained Waste Management was given a copy of the plans and no comments were received. 4. Commissioner Alderson asked if the new location of the trash containers would be to the north of the building next to the existing wall. Staff stated yes, for aesthetics reasons. 5. Commissioner Ladner asked why they were required to fill a Conditional Use Permit after the fact. Staff stated because at the time of approval for the existing structure, it was not required. With the expansion it is now required. 6. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Chris McFadden, representing Family Heritage Church, gave a presentation on the project. He stated there was a concern regarding the condition to participate in the cost of the new retaining wall with the development of the Redevelopment Agency project adjacent to the west of this project. The wall should be phased with the development of Vista Dunes Mobile Home Park (VDMHP) because of the grading issues. They would like to request leaving the backfill as it is and relocate the trash containers at the same time as the addition is being constructed. He went on to explain the grade differences. They are willing to cut down the retaining wall on either side of the proposed trash enclosure to four feet and slope them up and then construct the property line at that point. Across the back of the property, where it ties back into the Fire Station, they concur with staff's recommendation. They are requesting the conditions be changed to required they construct the 142 linear feet of retaining wall only at this time. The VDMHP project is still evaluating their grading issues. They also have a concern with the materials requested. They would prefer a slump block stone to remain compatible with the existing building. On Conditions 43-45 they would like to work with staff to reach a resolve and create Phases I, 2, and 3 G:\WPDOCS\PC Minutes\3-22-05.doc 2 416 Planning Commission Minutes March 22, 2005 for the construction of the site. Lastly, they would like to request a two year approval to give them time to raise the funds necessary to construct the addition. 7. Commissioner Daniels asked about the relocation of the other storage containers. Mr. McFadden stated they would be moved to the rear as well. 8. Commissioner Alderson asked if the existing block wall was on the Church's property and if they would be cut down and then slope it up to the height of the Park. Mr. McFadden stated they would reduce the height to four feet and slope it up to the VDMHP property line after it is graded. 9. Chairman Kirk asked if there was any other public comment. There being none, the public participation was closed and open for Commission discussion. 10. Commissioner Ladner stated she has no issue with the slump stone transition and agrees with the two year approval. She would like to hear staff's concerns on the sloping. Community Development Director Doug Evans stated that in regard to Condition #44, a church activity will usually have a screen wall. The second sentence of the condition states, the need to work together as neither the applicant, nor the City knows what .the final grades will be. Staff is requesting the applicant write a letter to the City requesting the City share in the cost of the wall once this has been determined. Commissioner Ladner asked the timing of the Agency's project. Staff indicated they were just starting the process. 11. Chairman Kirk reopened the public hearing. Mr. McFadden explained that the cost to build the retaining wall is an extreme hardship on the Church. The cost to reconstruct the wall could break this project for the Church. The Church has never requested any reimbursement from anyone when they first constructed the retaining wall. 12. Chairman Kirk asked if there was any other public comment. There being none, the public hearing was closed. G:\WPDOCS\PC Minutes\3-22-05.doc 3 14 1. ", y i Planning Commission Minutes March 22, 2005 13. Commissioner Daniels stated he does believe the condition to share in the cost of the wall is fair. 14. Commissioner Alderson stated there seems to be some uncertainty as to the height of the wall and location of the wall. He suggested the wall be under the discretion of staff to determine the height, when the grades are known. 15. Chairman Kirk suggested that if the City pays for half of the construction costs for the wall at some point in the future, this property owner should be required to pay for his portion, but if the City does not act, then this project should be approved with their proposed wall plan. 16. City Attorney Kathy Jenson suggested the time frame be more than a year. Chairman Kirk asked if the City could make a decision on whether or not they will participate in the construction of the wall relatively soon. Community Development Director Doug Evans stated the Church should be required to build the wall adjacent to the addition and staff would evaluate and work with them on the other areas. Chairman Kirk stated yes, if the City agrees to participate in the cost of the wall at some date certain. 17. Commissioner Daniels stated he is not certain 12 months is adequate, he suggested it be tied to the applicant's request for a two year approval. 18. Chairman Kirk stated his concern is the timing. Community Development Director Doug Evans stated the selection process for the Agency project adjacent to this site should be in place within the year. The challenge is that if the Church is told they must come up with 50% of the cost of the wall and then they inform the City they do not have the 50%, it is difficult to enforce payment out of a fund raising project. If it is deferred you run the risk of trying to enforce the requirement. The way the condition is written, the Church is required to write a letter to the Council/Agency about the cost sharing issue so they know what they need to do to put it into the building fund raising program. Otherwise it is difficult to enforce. 19. Commissioner Daniels asked if the compromise could be to leave the condition as written with the invitation to seek cost sharing G:\WPDOCS\PC Minutes\3-22-05.doc 4 418 Planning Commission Minutes March 22, 2005 from the City and if there is a problem this applicant shall be notified they can return to this Commission to be relieved of this condition. He wants it on the record that there was discussion and it was unclear as to the timing of the wall and that this applicant can come back. If the cost sharing does not come back, they can come back and ask for relief of the condition. Community Development Director Doug Evans stated that if discussion with the adjacent property owners is not fruitful, the Church can come back to the Commission as a Business Item and let the Commission decide at that time on the condition. He is confident there will be a reasonable decision between the two property owners. 20. Chairman Kirk stated he believes it is disproportionate to require the Church to have 100% of the cost of the wall. 21. It was moved by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2005-011 approving Conditional Use Permit 2005-091, as recommended by staff. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioner Quill. 22. It was moved by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2005-012 approving Site Development Permit 2005-825, as recommended by staff and as follows: a. New condition: This approval shall expire in two years from the date of approval of this Site Development Permit b. Condition 45: The cost to construct the wall shall be a shared cost between the two properties. The cost shall be negotiated between the City/Agency and the applicant. The applicant shall be responsible for the cost of constructing that portion of the retaining wall adjacent to the proposed building addition. C. Slump stone material for the wall is acceptable. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioner Quill. G:\WPDOCS\PC Minutes\3-22-05.doc 5 419 Planning Commission Minutes March 22, 2005 Chairman Kirk recessed the meeting at 7:45, due to technical difficulties and reconvened at 7:50 p.m. B. Site Development Permit 2005-821; a request of Joe Riso/Stewart Woodard for consideration of development plans for a two story 29,985 square foot auto dealership facility, located on the southeast corner of Avenue 47 and Adams 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. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked if the elevation presented showed the changes as requested by the Architecture and Landscape Review Committee. Staff stated not all. 3. Commissioner Daniels asked if there was berming in the landscape buffer. Staff stated the proposed berming would be in addition to what is existing. There would be an opportunity for additional berming. 4. Commissioner Alderson stated there is slight berming now. 5. Commissioner Daniels asked if the design criteria contained in the Specific Plan was the same as what was approved in 1998. He also asked what height was allowed in this district. Staff stated the height is governed by the Specific Plan; 40 feet is allowed. The design of this building is slightly different. 6. Commissioner Ladner asked if this design was different from the original approvals. Staff stated the difference between the original three auto dealerships on Highway 1 1 1 and this one is the lighting and the requirements to screen the lights. The slight change in the architecture is the pitch on the roof on Adams Street. Commissioner Ladner asked about the loudspeakers. Staff stated they are not allowed. 7. Commissioner Daniels asked the height of the parking lot lights as dictated by the Specific Plan. He also asked what was across the street on Adams Street. Staff stated directly across Adams Street G:\WPDOCS\PC Minutes\3-22-05.doc 6 420 Planning Commission Minutes March 22, 2005 is the senior project, Hadley Villas which is accessed off Avenue 47. South of Hadley Villas is Lake La Quinta properties. He then displayed an aerial of the site. 8. Commissioner Alderson asked the use of the site south of the proposed Mazda dealership. Staff stated it is yet to be determined. 9. Commissioner Ladner asked the about the light fixtures. Staff stated they are required to have two, not four boxes. Staff indicated the light locations on the site plan and clarified the fixtures are required to be shaded straight down. 10. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Stewart Woodard, representing the applicant, gave a presentation on the project. His concerns were the restriction on the lower band that will go around the building to break up the building at two feet and a requirement for a bus turnout. 1 1 . Chairman Kirk asked if the bus turnouts could be deleted. Staff stated it is a boiler plate condition and no comments have been received from Sunline Transit requesting the turnout. It could be deleted. 12. Commissioner Alderson asked if the green color was a trademark. Mr. Woodard stated it is part of their corporate color scheme. 13. Chairman Kirk asked for legal counsel's determination as he did not believe color was under corporate control. City Attorney Kathy Jenson stated the color is not part of the trademark. 14. Commissioner Alderson asked why the Sheriff's Department approval was included. Staff stated all applications are approved and reviewed by the Sheriff's Department. They did not request any additional conditions. Commissioner Alderson asked for clarification on the central sales area where there are the high windows. One appears to be an office that will allow the owner to look down into the sales area. The second window appears to be a storage room. Mr. Woodard stated the office that appears to be for parts storage will be future office space. G:\WPDOCS\PC Minutes\3-22-05.doc 7 Planning Commission Minutes March 22, 2005 15. Chairman Kirk asked if there was any other public comment. Mr. Dutch Dilshaver, 78-839 Dulce Del Mar stated that when this approval was first presented, there was to be a three-foot berm with a six foot wall on the east side. The grading was to be a total of nine feet from the finish grade to the top of the wall to keep the noise down and for privacy as well as all service bays were to open to the east to keep the noise down. All loud speakers were to face east or north. The light standard height was to be such that it would not shine into the neighboring residential areas. They are to face downward. On the additional parcels the buildings were to be set back and facing east. 16. Mr. Ben Rusker, 47-675 Via Montessa, HOA president, stated he would like to state that they are opposed to the project, but do understand this was approved several years ago. They do appreciate the access driveways being placed on the interior of the project. They would like the Chairman and Commission to understand there are 288 homes as well as the Hadley Villas residents that currently hear loudspeakers and struggle with the lighting. Now with this project more lights will be added. Their homes should not be subject to this lighting. They are subject to the lighting and noise of the existing auto dealerships and ask for the Commission's protection on this project. The landscaping is another big problem. A wall was to be constructed to help alleviate some of these problems. 17. Susan Albert, 47-910 Via Florence, stated her home is located cattycorner to the project. She is going to look at a block wall and a two story building facing her house with nine foot lights, 14 feet above the wall. She will be looking up into the lights. The Dodge dealership is further away and they have the glare from those lights. The original approval for the automall was to be nine feet below the elevation. There were no homes built at this site when these dealerships were approved. In addition, the block wall should be covered with trees. 18. Sandy Lower, 47-225 Via Vintina, stated the lighting from all the commercial on Avenue 47 and the dealerships is horrible. She suggested the yellow lighting be considered with lower poles. This is invasive to the whole community. The plantings along Adams Street are low as well as the height of the berm. This should have more trees and landscaping. There should be more G:\WPDOCS\PC Minutes\3-22-05.doc 8 422 Planning Commission Minutes March 22, 2005 protection for the property owners from the Circuit City, SteinMart, Target in the rear to soften the hardscape by adding additional landscaping. 19. Mr. Stewart Woodard stated that when they started on this project they followed the Specific Plan to every detail. As to the landscaping, there is landscaping and they have met the requirements. As to the lighting, it too meets the Specific Plan conditions. These dealerships were approved before the homeowners and it should be noted. 20. Commissioner Ladner asked about the loudspeakers. Mr. Woodard stated they will have them. A time frame could be placed on their use. They do need to be able to contact their workers. 21. Commissioner Daniels stated he thought staff indicated they would not have any loud speakers. Staff stated they were not allowed loud speakers, but were allowed to use radios and the lights were to be lowered at a certain time. Mr. Woodard stated they will meet whatever requirements are required by the Specific Plan. 22. Commissioner Ladner asked what time the lights go off. Staff stated they are to be turned down at 10:00 p.m. but need to retain security lighting. 23. Commissioner Daniels stated the auto dealerships were previously approved, but the Commission does need to address the concerns of the residents. The loudspeakers need to be omitted. Is there a way to address the lighting? Is it possible to retain protection of the cars, and reduce the number of lights and can the height be reduced. Mr. Woodard stated the lower you go, the more lights are required to get the amount of light needed. Commissioner Daniels asked if additional trees could be added near every light standard to soften the direct light. Mr. Woodard stated this is a possibility they could add more trees. Commissioner Daniels asked if the design of the box shield could be extended down further on the sides of the box to shield the light on the west side. Mr. Woodard stated they will still be seen. Commissioner Daniels stated he understands but he was trying to find a way to soften the glare and if there is a product that could extend down to cut back the radiation of the light. Mr. Woodard stated he does not believe this will help, but they are willing to explore the possibility. GAWPDOCS\PC Minutes\3-22-05.doc 9 Planning Commission Minutes March 22, 2005 Community Development Director Doug Evans stated the applicant could look at the south property line where it is all employee parking and see if the standards could be reduced to 18 feet and reduced in wattage to 250 watt single fixtures with the right type of lenses which would be the same as most shopping centers. You would still see them but it would be less intense, lower and the trees would help to shade the lights. There are several different types of boxes with shields and prisms to help on the southwest corner up to the edge of the south side of the building (essentially the south and west side of the building) reducing the lighting. Change the trees that are not deciduous. The two-story portion is up front and more than 250 feet from the corner. A condition should be added that no loudspeaker should be allowed. Heavy landscaping with trees at the southwest corner to shield the lights should be added. Discussion followed as to what activities took place in the different bays. Mr. Woodard asked if the lights are reduced on the south side, they have no objection. There will be another dealership to the south of them at some time in the future. If this is required of them, they want it required on the future parcel at the same time. Staff reminded the Commission that if the condition for a six-foot block is to be required, the wall needs to be added. 24. Chairman Kirk reopened the public Hearing. Ms. Albert stated she thought the elevation was to be nine feet below grade. Staff stated they were unaware of any such condition. Chairman Kirk stated there was a grade differential due to the height at Highway 1 1 1 and this location. 25. Commissioner Daniels stated it was to be a three-foot berm and then a six-foot wall. 26. Mr. Dilshaver asked what the finish grade was now. Staff explained the grade differentials. Chairman Kirk stated there appears to be some research that needs to be done on the original approval. 27. There being none, the public participation was closed and open for Commission discussion. 28. Commissioner Alderson asked if the photometric study would have disclosed the number needed. Staff stated yes because of the ":) G:\WPDOCS\PC Minutes\3-22-05.doc 10 ~ Planning Commission Minutes March 22, 2005 Dark Sky Ordinance. There is zero light on the property line. Commissioner Daniels asked about the 24 light pole to match the existing and they are suggesting going to a lower light. Community Development Director Doug Evans stated normally regulations are written as maximums not minimums to allow the Commission some discretion to fit into the neighborhood. He does believe the side of the boxes being extended does affect the sight line drastically. 29. Commissioner Daniels stated the challenge is to fix this with some of the concerns raised. 30. Chairman Kirk asked that staff look into the Code violation on the other dealerships in regard to the loud speakers. 31. It was moved by Commissioners Daniels/Ladner to adopt Planning Commission Resolution 2005-013 approving Site Development Permit 2004-821, as recommended by staff. a. No loud speakers shall be allowed. b. The lighting shall be reduced down to a security level. C. The lights shall be redirected so the light is directed internal to the property. d. Wattage on the south side and the Adams Street side shall be reduced in wattage. e. Non deciduous trees shall be planted between the outside of every light standard along Adams Street. f. A six-foot high block wall be required. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioner Quill. C. Site Development Permit 2005-824, Conditional Use Permit 2005-090, and Sign Application 2005-876; a request of Nasland Engineering, La Quinta Redevelopment Agency, and Stamko Development Co. for consideration of development plans for a 136,000 square foot retail store and gas station on a 13.72 acre site, located at the southwest corner of Highway 1 1 1 and Dune Palms Road. 1 . Chairman Kirk opened the public hearing and asked for the staff report. Community Development Director Doug Evans and G:\WPDOCS\PC Minutes\3-22-05.doc 11 Planning Commission Minutes March 22, 2005 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. Chairman Kirk. asked if there were any questions of staff. Commissioner Daniels asked what is located on the south side of the site. Staff stated it is the Agency's affordable housing project. Commissioner Daniels asked if the light standards needed to be 42 feet. Staff stated they have been conditioned to lower them. 3. Commissioner Alderson asked about the traffic study in regard to the turning movements by having a left in on the south driveway. Assistant City Engineer Steve Speer stated it conflicts with the left turn that must be provided for the buses. Commissioner Alderson asked about the primary entrance on Highway 1 1 1 as it does not lend itself to a signal. Staff stated the road would be extended to the east and the buses would have to come out on the new street. He showed the turning movement and alignment on the site plan. 4. Chairman Kirk asked about Parcel 2 as to how it would be accessed. Staff stated they will have an access on Dune Palms Road and in front of the existing entry. The gas station has an access through as well as a corridor with the existing commercial. Chairman Kirk asked about the access between PetSmart and the gas station. He asked about the island that appears to be standing alone. Community Development Director Doug Evans stated that as both property owners work on design there needs to be some work with the existing property owner as it relates to Parcel 1. Dialog has and is taking place to screen the area. Chairman Kirk asked about the sign area calculations. Principal Planner Fred Barker stated there has been a revision since the staff report was written. He went on to compare the sign calculations between the "Sam's Club" and "Super Wal-Mart". Community Development Director Doug Evans further explained how they reached the total sign figures. Chairman Kirk asked if this complies with the Sign Program. Staff explained this is the proposed Sign Program. Discussion followed on the calculations. 5. Commissioner Alderson asked about the storm drain retention tank. Staff stated this is an alternate system. They are hoping to go to a surface retention with the other part of the center. Until that is accomplished, they are required to have the tank. G:\WPDOCS\PC Minutes\3-22-05.doc 12 ~ 6 Planning Commission Minutes March 22, 2005 6. Commissioner Daniels asked staff to explain flipping the gas station. Staff explained how the stacking would be changed to keep the cars out of the drive aisle if the gas station pumps were relocated. 7. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Donavon Collier, representing the applicant, gave an overview of the project and introduced the project team. 8. Chairman Kirk asked if there was any other public comment. There being none, it was open for Commission discussion. 9. Commissioner Alderson asked about the bond being in place until the signal is installed; if in the future, this project does not require a signal, how long will the money be kept. Assistant City Engineer Steve Speer stated five years. Staff expects the turning movements on Dune Palms Road will service this site. The signal is only in the event there is a problem. The signal would require a realignment with the Desert Sands Unified School District bus entrance, so it probably will not happen. 10. Chairman Kirk commended the applicant on the architecture design. He does not support the sign program as this property owner paid less for the land and should not be allowed a benefit because it is not seen from Highway 1 1 1. He is also concerned about the sea of asphalt. He would prefer to see a reduction in parking spaces, additional landscaping and pedestrian aisles. 11. Commissioner Ladner stated she has no objection to the sign and she is not inclined to reduce the parking as it will have a high customer number. 12. Commissioner Alderson stated both parking lots are combined and with this site having 90 additional parking spaces, he would agree with additional trees and pedestrian walkways. 13. Chairman Kirk stated that if the parking was reduced by 20 parking spaces, it could be enhanced with trees. Mr. Mike Birkland, landscape architect, stated they believe the number is needed. The parking lot will be screened from Highway 1 1 1, but they would entertain using bigger landscape islands. He does not G:\WPDOCS\PC Minutes\3-22-05.doc 13 107 Planning Commission Minutes March 22, 2005 believe the pedestrian walkway would work well on this site. Community Development Director Doug Evans asked that Condition 47.13.1 be sunset at five years. 14. There being no further public comment or discussion, the public hearing was closed. 15. It was moved by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2005-015 approving Conditional Use Permit 2005-090, as recommended by staff. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioner Quill. 16. It was moved by Commissioners Kirk/Daniels to adopt Planning Commission Resolution 2005-014 approving Site Development Permit 2005-824, as recommended by staff and as follows: a. There shall be a reduction in parking stalls by 30. b. Additional landscaping shall be installed on the landscape islands to soften hardscape. C. The landscape islands shall not be zeroscape, but contain lush landscaping. d. The location of the gas station shall be flipped. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioner Quill. 17. It was moved by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2005-016 approving Sign Application 2005-876, as recommended by staff. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioner Quill. VI. BUSINESS ITEMS: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. G:\WPDOCS\PC Minutes\3-22-05.doc 14 7 8 Planning Commission Minutes March 22, 2005 Vill. 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 April 12, 2005, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:55 p.m. on March 22, 2005. Respectfully submitted, 4ettV, Executive Secretary a, California G:\WPDOCS\PC Minutes\3-22-05.doc 15 �f � 3 Department Report: % " A Coil ,0 G� oF-r TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: May 17, 2005 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the May 3, 2005, City Council meeting: 1. Joe Broido, 77-510 Calle Nogales, referenced the closed session item regarding Embassy Suites, and urged Council to research the Bison Group before considering any financial interest in this venture. 2. Eric Frankson and Violet Frankson read a letter expressing appreciation for the City's assistance in helping them buy their first home through the Vista Dunes Mobile Home Park Relocation Plan. 3. Ian Rhodes, 43-905 Milan Court, asked about an update on the School District sound barrier wall between his property and Palm Royale Drive. Mayor Adolph referred the matter to staff. 4 DEPARTMENT REPORT: 3-A ynb y3s y ; CITY COUNCIVS K K � UPCOMING EVENTS MAY 3 MAY 14 MAY 17 JUNE 7 JUNE 21 JULY 5 JULY 19 CITY COUNCIL MEETING CONCERT UNDER THE STARS 6:30 PM - CIVIC CENTER CAMPUS CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 43 May 2005 La Quinta City Council Monthly Planner June 2005 La Quinta City Council Monthly Planner --------------- 1 2 3 4 May 100 0 AM ALRC S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 1 15 16 17 18 1920 21 22 23 2425 26 27 28 2930 31 5 6 7 8 9 10 11 6:00 PM CVAG Exec. 2:00 PM City Council 9:00 AM RCTC- 12:00 PM Energy/ Cmte - Adolph 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 General VA Gee a • PM C G 6.00 7: 0 0 PM Plannin g Jul Y Assembly y Commission S M_ T W T F S _ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 '€ 17 18 19 20 21 22 23 24 25 26 27 28 2930 31 Printed by Calendar Creator Plus on 5/12/2005 July 2005 La Quinta City Council Monthly Planner 1 2 9:00 AM - 4:00 PM SJSR Ntl. Mnmt-Henderson 3 4 5 6 7 8 9 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch Meeting Independence Day (CITY HALL CLOSED) 10 11 12 13 14 15 16 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energy/ 10:00 AM Pub. Sfty- Abate. -Perkins Henderson Environ.-Sniff Perkins 12:00 PM Transp-Perkins 7.00 PM Planning ' Commission 5:30 PM Investment Advisory Board 7:00 PM Cultural Arts Commission 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 17 18 19 20 21 22 23 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council 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- Adolph Commission Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne :31Au ust 12 13 12 13 14 15 16 17 18 1 11120 00 111 ill1i 21 22 23 24 25 26 27 19 20 21 22 :23 24 25 Nii!!! HMN IN 8 30 31 29 30 28 29 26 27 2 Printed by Calendar Creator Plus on 5/12/2005 434 DEPARTMENT REPORT: 4 4a QdAz IN' OPPOMTFD �V4 � ti5 c� of T1 9 TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety-7-4 DATE: May 17, 2005 RE: Monthly Department Report - April 2005 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of April. 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 $133,036,908 which represents an issuance of 1,924 building permits through April; • 863 animal control cases have been handled through April; • 663 code compliance cases have been initiated through April; • $2,120.00 - garage sale permit income in April; and • Monthly Executive Status Report - Municipal Library Construction Update `r J a z o cn CD cCDcr CD 0 w CD CD Ul y W W N ~ 4+ N O W �c ON, tNi, C J N O O., �..i A� O 1%0 CIN N O C> p N O �,O N C� N O W J 00 G 01 W N C1 ►- to W Vi J C1 C,� rA vi w O O -p a1 00 LFLjw o � W a� VI N W N �-• � W w w w W N N �z (ON W -P W C,� C*� 1O W O O W C •A O oo w c�, w a\ oo O •P N N O N J w N J O v C,� C*� -P �► oo w w to 00 0o v � w .P J O �• C� C1 ►-• W C\ � O 00 00 W N O 00 N `G w Q1 J `O J J C7 W \C N O O O\ t!i J w w J a1 00 00 O W N W W W w -P N w N N •P � C Vl -P C1 O W a� O N � N w N w w w ►- �lp � w 00 � C� N w N J \O �-► �O O W 00 ° C ON - a1 w O ►- O � CI N 110 ►- C A� ,.. W J J J O IC O W C1 110 w O fA to to � to oo a1 N J " to tJ �1 O tN N �O � `C ►--` oo vi N N �• W W w �O J J N to Cs v yAMwMWwcn�d �d �u �drolux amonnnw> I > 1 yrroiH�4]dH�rPO wHnImmftlTJnrozn� ro I I ro I xU)n rf) �dx I C I H I F3MWMU)aa�l10:dxdI11034Jtd0z10zZn MroyoHZZM0MMt-I>M "p, r M M 0 Mt D'a I y m� xot-lam n I oxx ynz�� oCa ronz C�C >zCooXxt�Hx>no C t- o n zo rro aaalo ny n n-- y 1 O 1 P y H H O 1 m m H tTJ pd 1 O 1 O I4 H I z I � C z z'=J r r z n H H z x m 0 1 , G)Q x1 0 0 n I nwxnxzz y I ICHtIJ tii I I C> yHCOtrn �c 1 z(n Cl) t1irxrz z t'J 1 ro I �3 (1) H PO n 5O t17 G) 1 1 t+7 I �oroo U)U, atri o U) r I tri y F-i H t=J co :4 I H m (n ' d O til I I Hnx zz zH3 a y n y U) I I C�JtrJ (7)0 yat+] �d tl] IIJOHx H tijHgd Cr -DiJ d til z �x>1m a � o tij t>y > z n (n y tri L- �o tri Z y r y h1 H H H (1) z 1 1 I-� ,r z H H y n C Ot7 C C H C U W tri I I H C y cn C a :ri O H a tri y x a H I-3 1-J m tri I 1 G] n n y I I ta] t1i a a PO t-I C I I H I I C) y t=J O I I y 1 I � I 1 r 1 I (f] I I .. I I I I 1 I ro I I 1A N OJ N Y l0 J N M 1 r 1 I W N w Y(D Y Y 1P M w Ul w M Y O M Y Y 0 0 --1 �l I U) 1 1 I I I I 1 I ro I I I t1] I I �P Ul O N Y tD —1 N N M N I H I I 1A N W w O N Y O M Ul -1 00 -_l Ch Y O Ol Y Ul O O --1 OD 1 y 1 1 1 � I y 1 1 x I IJy H I N Y f ro I Ln l0N Y 1 rro l Ol O OD Y \O Y W Ln Y N I tiJ I —1 Y �l Ul W 1G %D N N H IP Y N Y OD --1 Ul �l Y 0 0 Ul Y Y PP- OD N Y M Ul W 1A W N M I ,> " I w (n ul w o (n o OD Y to N o 0 0 ,t, to N w I C O 1 O\ O O W 0 w W -1 w O O I.n Ul O 00 N 1P IA Y Co O IP O O Y IP Ul W O O D —1 O O Ul O IP O O Ul w I 1 I y I I i z I I I I I �l Ol w 1P I 1 I O N OD O Ul N M l✓ W 1A 1 1 I Ul 1P l✓ N w 1P --1 IP O -1 W Y Ol lD OD N Ln I I 1 OO O O 07 Ul Ul N OD Ul IP O lD JP W lD 1A W Y O 1 rxJ I I M O O OD N Ul 07 O 00 IA Ol O OD O Ul Ul w l M 1 trJ I I �1 O O Ul O O W OD O �l N OD Ul 1A O O N O �P O O O Ul 1 U) I I kP O O M O M O M O W W N O Ul O O W O N 0 0 0 CD I I I I o anJro m�oOtil ro �d �o '01 H x ;U U) I] H y(0xF-3 C tm trJ til U) zaroy y ti Y I t1J H H ;U O (n cv�ay (� F-A H H t] n rcn�m a HOob7 o � yoy R� C Ln to C ro romp on til xd CG :P IA x y K' H H yA 0 I-3 W I-C o y ro-�Fc m o ro U) In m 437 3 ANIMAL CONTROL REPORT FOR: April 2005 Steve Alexander, Moises Rodarte, and Patti Lee Animal Pickups YEAR TO YEAR TO INCIDENTS YEAR TO Apr 05 DATE 05 DATE 04 HANDLED Apr 05 DATE 05 YEAR TO DATE 04 Doffs Alive 39 129 109 Bite Reports 1 8 9 Dead 4 21 26 Animal Trap OTI 5 15 7 Set Ups 41 59 11 Cats Alive 21 57 64 Cruelty to Dead 11 33 31 Animals 0 1 0 OTI 2 3 2 Other Animals Alive 32 49 31 Vicious Animal Dead 7 19 16 Restraining 0 0 4 OTI 0 0 0 TOTAL ANIMALS Special Hour Patrols 24 42 0 Alive 92 235 204 Zoning 0 0 0 Dead 22 73 73 Lost/Found 47 195 164 OTI 7 18 9 Animal Rescue 4 12 0 Outside Agency 0 0 0 TOTAL ANIMALS REMOVED City Reclaims 14 46 42 Other 14 35 37 121 326 286 TOTALS 145 398 267 VIOLATIONS: NO OWNER WARNINGS CITATIONS Dogs at Large 10 25 0 Noise Disturbance 0 3 0 Defecation Removal 0 0 0 License Violation 0 3 0 Other 0 0 0 MONTHLY TOTAL 10 31 0 YEAR TO DATE 72 46 21 TOTAL MONTHLY INCIDENTS HANDLED: Apr. 05: 307 Apr. 04: 165 TOTAL YEARLY INCIDENTS HANDLED: Apr. 05: 863 Apr. 04: 644 4 CODE COMPLIANCE STAT REPORT FOR APRIL 2005 April 05 YEAR TO DATE 05 YEAR TO DATE 04 ABATEMENTS: Nuisance Abatements Started 125 Weed Abatements Started 34 Vehicle Abatements Started 53 Building Code Violations Started 2 Home Occupation Inspections 11 TOTAL STARTED 225 TOTAL COMPLETED 186 Case Followups 526 Business License Inspections 1 Garage Sale Permits Issued 212 Total Received $2120.00 343 352 72 23 197 394 11 10 40 48 663 779 607 773 1289 1313 1 1 479 609 4 9 5 ► `i. .... e r- CONSTRUCTION, INC. F7 Wi1f>ft Gle,riclora Bevedy t=lilts San Clemente La Quinta Las Vedas 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 April 2005 • All crafts on -site completed rough -in: mechanical, electrical, & plumbing. • Building has been scratched, browned, and is being colored coated (stucco). • Exterior Seat Wall has been poured in place with colored concrete. • Glazers have installed aluminum mullions 100% and installation of is glazing / glass 90% . • Galvanized structural steel trellises have been constructed in place. • Roofing is complete with tiles to be installed in early May. • Building insulation has been installed 100% and sheetrock has been installed 75%. • No negative community related problems/issues reported. Schedule Performance Month of April 2005 • 0 days lost in April production, due to RAIN. • (10 days to -date lost due to RAIN) Schedule Performance Project to Date • Original Completion Date: Junel6, 2005 • Revision Schedule # 8 Aug. 12, 2005 • Forecast Completion Date: July 1, 2005 Budget Performance Project to Date • Original bid: $5,794,018.00 • Plus Contingency (5%) $289,700.00 • Change Order #28 Phase #2 Completion $689,012.00 • Total Budget: original bid, contingency, & C.O428: $6,772,730.00 • Change Orders (30): 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.134014) o 7.) $24,283.27 (additional electrical per Revised Verizon Drawings) o 8.) $1 1,928.00 (changes in light fixtures per M.W. Steele I.B.#012) o 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) 0 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) 0 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) 0 16.) $4,251.00 (plywood backing and wood blocking, per I.B4052) 4,10 6 0 17.) $0.00 (Rain Day Delay / 3 additional days to baseline schedule) 0 18.) $7,504.00 (Tile installation @ South Vestibule / Breezeway & drinking fountain locations, change order included $8,000. CREDIT to the City. 0 19.) $1 1,192.24 (new wood framing and welding details per I.B. #061) 0 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 26.) $5,016.24 (Installation of mudsill & capping on all rake walls.) o 27.) $1,377.60 (Additional sprinklers hidden in the Rotunda.) o 28.) $689,012.00 (completion of Phase #2 per the City Council Vote.) o 29.) $15,957.86 (Additional sheetrock items, cove lighting, access panels.) o 30.) $10,638.79 (Additional book shelving per the A.O.R. & Library Committee.) o Total net change orders & fee: $202,930.14 • Current cost commitments (original bid + change order#28 / fee): $6,718,950.63 • Contingency usage to date: $235,920.63 • Contingency budget remaining: $53,779.37 • Current commitments as % of Total Budget ($6,772,730.) 99.2% Safety Performance Project To Date • No Lost Time or Claims due to injuries or safety violations. • Safety "Tailgate Meetings" held every Monday AM. • No on -site accidents to date. Upcoming Month Priorities/Key Activities (May 2005) • Wood T & G currently being installed on all exposed ceiling locations. • Painters to start interior and exterior painting. • Roofing to be 100% complete. • Stucco texture for the building exterior to be 100% complete. • Masons to complete block work through -out the entire project. • Ornamental iron gates to be installed by Ironworkers. • Mosaic tile to be installed on exterior of building and restrooms. • Exterior hardscape & landscape to start in May. 7 4,111 DEPARTMENT REPORT 6 / T p� �O •4 U - ,vCW �4 ti G� OF TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DOUGLAS R. EVANS, COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY17, 2005 ho& SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF APRIL 2005 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of April. 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Q E O V � LO d� C 7 N cu L Q + o o 0 0 N c o 00 00Q U U') � � � O VJ O -je -0 as .o ca a O cn -0 c o >% co CD(D I U U U a) CO O C C co C a C m Q D O O J J C .n C O = cc 06 O N C a O V p � C .-P c L L LL J C O M C 2 m 0 t 0 a a) s c 0 4j0 0g DEPARTMENT REPORT: TO: HONORABLE MAYOR AND MEMBERS OF THE CITY CO NCIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIREC DATE: MAY 17, 2005 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF APRIL 2005 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF JUNE 2005. June 1 *Exercise Class June 1 *Introduction to the Computer June 1 *Introduction to the Internet June 2 *Quilters for Good Times June 2 *Movie Time June 3 *Beginning Pilates June 3 *Wood Carvers June 6 *I.I.D. Energy Assistance June 6 *Computer Scanning Class June 6 *Lists & Labels Computer Class June 6 Ballroom Dance Lessons, Senior Center June 7 *Golden Tones June 8 *Introduction to Word Processing June 11 Golf Tour, Santa Rosa, Mountain Vista Sun City June 13 *Meditative Yoga June 13 *Acrylic & Oil Painting Class June 13 *Files & Folders Computer Course June 13 Faux Finishes Made Easy, Senior Center June 13 Navigate the Internet, Senior Center June 14 *Watercolor Class June 14 Adobe Photoshop Advanced Course, Senior Center June 14 Belly Dance Lessons, La Quinta High School June 14 Yoga Electica, Senior Center June 14 Beginning Guitar, Senior Center June 14 Cooking Class, Senior Center June 14 Mind Your Manners — Etiquette for Children, Senior Center June 14 Etiquette Classes for Teens, Senior Center June 15 *Sketch & Draw June 15 *Yoga Somatica June 15 Beginning Computers, Senior Center June 15 Kickboxing Boot Camp, Senior Center June 15 Yoga Somatica, Senior Center June 16 *Salad Days Luncheon June 16 *Medicare & Medical Insurance Assistance June 16 Adobe Photoshop Elements, Senior Center June 16 Watercolor Wonders, Senior Center June 16 Beginning Watercolor Painting for Adults, Senior Center June 16 Dance, Play & Pretend, La Quinta High School June 16 Belly Dance Lessons Level 2, La Quinta High School June 16 Beginning Ballet, La Quinta High School June 17 Open Mic Night, Coffee Break Cafe June 18 Golf Tour, Tahquitz Creek Golf Resort June 21 *Hearing Consultations June 22 *5-Keys to Health, Dr. Jeremy Moffitt June 23 *Driver Safety, 55 Alive June 23 *Legal Consultations June 24 Tiny Tot Luau, Senior Center June 25 Golf Tour, Marriott's Shadow Ridge June 28 *Arthritis Tai Chi June 28 Tai Chi Chuan, Senior Center *Daytime Senior Center Gass or activity 1►e...,*ki%& Qe..en..o _ rod-iliiv Ranfnla 2005 2004 Variance Senior Center $ 3,085.00 $ 4,869.00 $ 1,784.00 Parks $ 450.00 $ 200.00 $ 250.00 Monthly Facility Revenue $ 3,535.00 $ 5,069.00 $ 1,534.00 Year to Date Facility Revenue $ 55,891.00 1 $ 67,262.00 $ 11,371.00 R/hr%*i%ly Dnvnnue Senior Center $ 7,370.00 $ 7,702.00 $ 332.00 Community Services $ 3,929.00 $ 3,326.00 $ 603.00 La Quinta Resident Cards $ 7,560.00 $ - $ 7,560.00 Total Revenue $ 18,859.00 1 $ 119028.00 1 $ 7,831.00 Ra, ansia vane to rintp Senior Center $ 94,905.00 $ 98,926.50 $ 4,021.50 Community Services $ 114,909.00 $ 121,766.00 $ 6,857.00 La Quinta Resident Cards $ 46,125.00 $ - $ 38,565.00 Total Revenue to Date $ 209,814.00 1 $ 220,692.50 1 $ 12,852.60 Community Services Department Attendance Report for the Month of April 2005 Summary Sheet Program 2005 2004 Variance Sessions Per Month 2005 2004 Leisure Classes 99 75 24 34 40 Special Events 1632 1653 -21 4 9 Adult Sports 700 590 110 18 17 Senior Center 1258 1409 -141 109 112 Total 31689 39727 -28 165 178 Senior Services Senior Center 268 555 -339 16 15 Total 268 555 -339 16 15 Sports User Groups La Quinta Park Use AYSO 340 320 20 12 27 La Quinta Sports & Youth 100 400 -300 20 23 Sports Complex La Quinta Heat 14 0 14 4 0 La Quinta Sports & Youth 1200 320 880 20 20 Facility/Park Rentals Senior Center Private Party) 300 300 0 2 2 Church 400 300 100 8 4 Civic Center Private Pa 100 0 100 1 0 Park Rentals La Quinta Park Rental 320 280 40 8 7 Fritz Burns Park Rental 80 80 0 2 2 Total 21854 29000 854 77 85 Total Programs 618111 69282 487 258 278 Volunteer Hours Senior Center 230 442 -212 Total Volunteer Hours 230 442 -212 Community Services Program Report for April 2005 2005 2004 2005 2004 Participants Participants Variance Meetings Meetings Leisure Classes Intermediate Bell dance 4 0 4 1 0 Beginning Bell dance 2 0 2 1 0 Beginning Ballet 9 0 9 2 0 Dance, Play & Pretend 12 0 12 2 0 Hip Hop Dance 6 0 6 2 0 Tap & Jazz Dance Combo 1 0 1 2 0 Ballroom/ Latin Dance 5 6 -1 2 1 Yoga Somatica 8 6 2 2 2 Yoga Electica 7 0 7 3 0 Kickboxing Boot Camp 2 0 2 1 0 Tai Chi 2 0 2 3 0 Beginning Guitar 14 0 14 2 0 Guitar Workshop 8 0 8 2 0 Italian for Travelers 8 13 -5 2 2 Microsoft Excel 5 0 5 3 0 Intermediate Computers 61 01 6 4 0 Totals 991 251 741 34 5 2005 2004 2005 2004 Participants Participants Variance Meetings Meetings Special Events Concert Under the Stars 350 250 100 1 1 AI odones Excursion 52 28 24 1 1 Tiny Tot Olympics 30 80 -50 1 1 City Picnic & Birthday Celebration 1200 800 400 1 1 Totals 1,632 1,158 474 4 4 2005 2004 2005 2004 Partici ants Participants Variance Meetin s Meetings Adult Sports Open Gym Basketball 480 420 60 16 16 Adult Soccer League 1 2201 1701 50 21 1 Totals 1 7001 5901 1101 181 17 Recreation Totals 1 24311 17731 6581 561 26 455 Senior Center Attendance ParticipatioR Participation Variance Meetings Meetings Senior Activities ACBL Bride 274 202 72 4 4 Bridge, Duplicate/Social 494 544 -50 18 18 Monthly Birthday Party 35 30 5 1 1 Monthly Luncheon 44 86 -42 1 1 Movie Time 27 59 -32 4 5 Senior Sports Day 36 39 -3 1 1 Senior Activity Total 910 960 -50 29 30 Senior Leisure Classes Arts & Crafts 17 18 -1 4 4 Ballroom Dance 38 32 6 4 8 Bridge Lessons 22 42 -20 13 6 Computer 8 19 -11 2 4 Computer Tutor 3 0 3 3 0 CPR & First Aid 4 0 4 1 0 Dog Training Class 11 13 -2 4 4 Exercise 57 46 11 13 13 Golden Tones 30 92 -62 3 4 Pilates 22 10 12 4 4 Quilting 25 40 -15 4 4 Rug Hooking 15 8 7 4 4 Sketching/DrawingSketching/Drawing 17 5 12 4 3 Stained Glass 0 5 -5 0 5 Tai Chi / Tai Chi Arthritis 13 50 -37 4 6 Tap Dance 10 18 -8 4 5 Watercolor 33 20 13 4 4 Woodcarving 23 31 -3 5 4 Senior Leisure Classes Total 348 449 -91 80 82 TOTAL SENIOR PROGRAMS 12518 1409 441 109 112 Senior Services AARP "55" Course 18 40 -22 2 2 AARP Tax Aide 32 29 3 4 4 FIND Food Distribution 141 424 -283 4 4 Hearing Consultation 6 2 4 1 1 I.I.D. Energy Assistance/No fee 42 16 -26 4 2 Medicare/ Hi Cap Consultation 2 13 -11 1 2 Volunteers 27 31 -4 n/a n/a TOTAL SENIOR SERVICES 1 268 555 -339 16 15 SENIOR CENTER TOTAL 1526 1964 -480 125 127 0 . n 4�J() DEPARTMENT REPORT: g L,�& i-t-c U �� 45 OF 'f'9 TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: May 17, 2005 RE: Public Works/Engineering Department Report for April 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. SilverRock Resort April Budget Report. othy R. 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Code Activity 4 Men 3 Men 2 Men 1 Man Total 1000 PolicingAnspection 40 26 0 22 88 1001 1 Pot Hole-Repair/Patching 27 7 0 0 34 1002 Crack/Joird Repair 0 0 0 0 0 1003 Pavement Marking/Legends 0 0 0 0 0 1004 Pavement MarldnLMping 0 0 0 0 0 1005 Curb Painting 0 0 0 0 0 1006 Other Traffic Controls 20 8 0 0 28 1007 Curb & Gutter Re air/Const. 0 0 0 0 0 1008 Other Concrete Repairs/Const. 0 0 0 0 0 1009 Street Sign Install New 14 0 0 0 14 1010 Street Sign Repair/Maint 25 16 5 2 48 1011 Debris Removal 3 12 0 2 17 1012 Right of Way Maint. 0 40 0 0 40 1021 CLEAN Catch Basin Inlet/Outlet 0 2 0 0 2 1022 Rondo Channel Outlet/Vault 3 0 0 0 3 1022A Desert Club OutletAtauit 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 5 0 6 11 1024 Gutter/Median Sand Removal 119 14 0 0 133 1025 Street Sweeping (Machine) 144 0 0 0 144 1026 Street Sweeping (Hand) 0 2 0 9 11 1027 Sidewalk/Bike Path Cleaning 5 0 19 0 24 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean- 0 23 109 6 138 1041 Mowing/ Weeding, Shrubs & Tree Trimmin 37 39 13 1 90 1051 Landscape/lrrigation Contract Manageme 0 0 90 18 108 1052 Li htin lectrical Contract Management 0 0 0 15 15 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 1 Equi ment Repair/Maint. 7 5 0 0 12 1063 Vehicle Repair Maint. 1 7 2 0 10 1081 Trash/Litter/Re cable Removal 2 0 1 0 3 1082 Vandalism Repairs 0 0 0 0 0 1083 Graffiti Removal 38 13 19 0 70 1084 Maint. Yard Building Maint. 12 27 26 1 66 1085 Seminars/Training 9 0 0 0 9 1086 Special Events 0 0 17 0 17 1087 Citizen Complaints/Requests = 80 13 7 0 100 1088 Meeting 12 8 8 25 53 1089 Office Phone, paperwork, reports, Misc. 6 32 4 43 85 SUBTOTAL 604 299 320 150 1373 1091 Over Time 12 14 14 0 40 1094 Jury D 0 0 0 0 0 1095 Sick Leave 24 16 0 8 40 1096 lVacation 12 5 0 2 19 1097 Holiday 0 0 0 A - `• 0 1098 Workman Comp. 0 160 0 0 160 1099 Bereavement 0 0 0 0 0 SUBTOTAL 48 195 14 10 267 TOTAL HOURS 652 494 334 160 1640 TOTAL MILES 2721 20461 1335 210 6312 7 463 0 O O OO�t O i m 0O 'mmOOtid' CO) OM O ON O N Cf mN .��' _ co N .. N O C O 03� Vf Eii iA iN iRcri i O O O ,�.. O 00 O O O O O O p 0 m to ri CO 'Oti C4j O cM O ON m aO m CO N N e� m U Q. � wv� 40 4 a N noon o m ��..tt `v 0 c _ 3LOWcmcOo � � A m �'' i N YI jam)' V _ L 00 co O r QCONGie7 01� r N M N 41 t` U') ON .� N ca co �••� O N r N N N e- e- O m 0 Q O - EA e% EA fR iA 40 iR 0LU '1 0 m W m it L N ) to> $ a) - > � c ,..� � Z IL a oC a o°c .�_ LL rn CO) ow222 1- LLL. � w 8 464 DEPARTMENT "PORT: 9 CITY OF LA QUINTA g,� Apri, 1 200 City of La Quinta La Quinta Police Department Captain Walter Meyer, Commanding April, 2005 Highlights (Numbers in parenthesis denotes number of calls for service that day) Friday, 04-01-05 (61): No significant activity to report. Saturday, 04-02-05 (53)0 No significant activity to report. Sunday, 04-03-05 (60): 1117 hours- Deputy Knight arrested Eddie Garcia Patino, 25 years of La Quinta, for spousal abuse and for committing a felony while out on bail. Patino assaulted his girlfriend during a domestic disturbance. 1808 hours- Deputy Ortega responded to a residence located in the 54-400 block of Ave. Diaz to investigate a domestic dispute. The suspect, Fidel Hernandez Comunidad had bitten his wife's cheek during an argument at their residence. The incident occurred in the presents of their three children. Comunidad was arrested for spousal abuse and child abuse and booked into the Indio Jail. Monday, 04-04-05 (69)e No significant activity to report. Tuesday, 04-05-05 (70)0 0814 hours- Deputy McFadden and Deputy J. Diaz, arrested Benjamin Pinela, Indio, for grand theft auto, receiving stolen property and for being in possession of burglary tools. Andres Diaz, Thermal, was also arrested during the investigation for public intoxication. The subjects were possibly casing the upper cove area for burglaries. The subjects were observed and reported to police by an unknown citizen. Deputies responded to the area and, assisted by the CHP air unit, located the subjects in a stolen vehicle. 1227 hours- Deputy McFadden and Deputy J. Diaz, arrested Eduardo Pantaleon, Coachella, for grant theft and conspiracy to commit grand theft at the 54000 block of Avenida Carranza, La Quinta. This arrest was from '911 inv(° Jiaa lml tlig1" 11-,)d h(r P l i!liflated on Monday, 040405., ltivolvimz� `4. of lf. nlb('T,. Wednesday, 04-06-05 (101): 0945 hours- Deputy Darascavage arrested Leticia Avila, Indio,for identity theft and fraud at JRK Hospital. Avila used a relative's identity to buy a new car. 2219 hours- Corporal Perez and Deputy Munoz responded to a 911 call in the 55-700 block of Pebble Beach St. in La Quinta. Upon arrival, he met with a 54 yr old female who had a bruised and swollen eye. According the victim, she and her husband, Delos Circle, 66 yrs old, of La Quinta, were involved in an argument. During the Argument, Delos pushed the victim and she struck her face on his knee. Based upon the evidence, Delos was arrested for spousal abuse and booked into the Indio Jail. 2320 hours- Deputy Adams arrested Michael Huang, 41 years of La Quinta, for DUI. The suspect crashed into two trees at PGA Blvd.. and Avenue 54. His BAC was .08%. He was booked into the jail. 466 Thursday. 04-07-05 (94): 0125 hours- Deputy Alexander arrested Fabian Cerventez, 20 yrs, Indio, for commercial burglary at Walmart. The suspect was caught stealing printer ink cartridges. He was booked into Indio jail. 1305 hours - Deputies from the La Quinta Police Department Special Enforcement Team along with Officers from the Cathedral City Police Department, received information that Sonya Maria Perez, 29 years, of Desert Hot Springs, was hiding in a residence on the 30500 block of Pauline Ave., Cathedral City. Sonya Perez had a felony warrant issued on her for her involvement in the November 13th, 2004 home invasion robbery that occurred in the City of La Quinta. Sonya Perez was taken into custody without incident. Missing Person Endangered: A hiker discovered a vehicle off a trail approx. 2.9 miles s/w of entrance to Lake Cahuilla/Quarry. The vehicle was unlocked with a purse and cell phone belonging to the registered owner, Susan Stewart Russum from Cathedral City. Crutches were found outside of vehicle and appeared to have been used in an effort to dig the vehicle out of the sand. Further investigation revealed that Russum had broken her ankle about six weeks ago and is currently taking a variety of RX drugs for depression. Her employer was contacted, Maxim Health Care Services, and her supervisor, Chad Thompson, last saw her Tuesday morning 04105105. She had her last phone contact with a client on Wednesday, 04/06/05 at about 1230 hrs. Russum was late for an appointment and needed directions but she never arrived there. Desert Search And Rescue activated and initiated a search. Hospitals, jail, mental health were all checked with negative results. Her residence was checked by her sister and was found unlocked, dog left behind and a TV was on in a bedroom. Dep. Wedertz accompanied the sister back to the residence and verified no signs of foul play. Friends and family were re -interviewed but no new leads were developed. Friday. 04-08-05 (63)0 No significant activity to report. Saturday, 04-09-05 (69): 1120 hours- Inv. Baur, while responding to a burglary that just occurred, spotted the vehicle matching the suspect vehicle description. He attempted to conduct a vehicle stop on the vehicle but the driver failed to yield. During the pursuit, the driver slowed down and fled from the vehicle. The unoccupied vehicle cnntilmi ` l fY` E',l' fx on Flseni ov,,Irllr u itil.l it came. to rc''t 9,« ttinst n lrn free, Tl �,ust?ect wa, (:l€3scribc,,(l `ag %. Hispanic Male Adult, 6', 200 lbs, muscular build, shaved head, moustache, wearing a white tank top, and blue jeans, jumped over a fence, as Inv. Baur went to stop the car from possibly hurting someone. A perimeter was set up, and Sheriffs Air Support assisted in the search, with negative results. The vehicle was processed for evidence and towed. Evidence from a vehicle burglary at the entrance to the cove trail was located inside the vehicle. La Quinta Set Team members will follow-up on suspect leads from vehicle registration. Sunday, 04-10-05 (63)0 1215 hours- Investigator Munoz arrested Gabriel Perez from Hemet for commercial burglary, being in possession of a forged check and receiving stolen property at the Office Depot, in La Quinta. UPDATE SEARCH @ Lake Cahuilla. The search and rescue for missing person Susan Russum of Cathedral City was suspended at 1600 hrs. Sun., 4/10/05. PIO Quinata (on call) was advised. Family was 467 advised the investigation is continuing. Search efforts of approx. 7 square miles with over 200 people involved in the operation over four days did not yield any clues or tracks that she was there. Monday, 04-11-05 (79): 1530 hours- Deputy McFadden and Deputy J. Diaz, arrested Eduardo Robert Vega, Indio, for possession of methamphetamines. Vega was arrested following a pedestrian check in which he gave a consent search of his person. Vega was contacted at Avenue 52 and Monroe Street, in La Quinta. Tuesday, 04-12-05 (97): 0846 hours- Corporal Gerrard assisted Imperial County Sheriff personnel at the Del Oro Homes, in La Quinta, by contacting a wanted parolee. Candelario Pereyda Reyes, Imperial County, was arrested for an assault with a deadly weapon case and for violation of his parole terms. The assault occurred on 04/08/05. He was arrested without incident. 1430 hours- Corporal H. Lopez received a call at the 51000 block of Avenida Ramirez, in La Quinta, involving a plastic bag containing a white powder in a mailbox located along the curb. The material was dealt with as a possible biological hazardous material. The street was closed off and the residents were given the option of leaving or staying inside their residence. Notifications were made to C.D.F and their hazardous material unit as well as the County Health Environment unit. The area where the mailbox was located was cordoned off and an exclusion zone was set up along with a command post. Once the material was analyzed it was determined that it was not hazardous. After the analysis was completed the material and the plastic baggie were seized for a latent finger print search. Photographs and a latent finger print search of the mailbox were also completed. Notification was also made to the Special Investigations Bureau Intelligence Unit Supervisor, Sergeant D. Wright. The Sheriffs on duty P.I.O was also called and briefed about the call. Lt. Navarro also responded to the scene. At 1400 hours Deputies from the La Quinta SET Team along with Deputies from the Coachella Valley Violent Crime Gang Task Force, La Quinta Motor Team, Coachella Motor Team, and Sheriffs Special Enforcement Bureau performed a high visibility saturation patrol in the Cove area of the City of La Quinta. Team members were focusing on traffic enforcement, service of arrest warrants, and proactive enforcement. Team members stopped 83 vehicles, which lead to the issuing of 36 citations, and 10 towed vehicles. In addition, 9 misdemeanor arrests were made, and 6 felony arrests. The following suspects were booked into Indio jail: Holly Steinruck (29 years) of Indio for 10851(a) VC, Ray Ramirez (38 years) of Indio for 10851(a) VC, Raul Lemos (42 years) of La Quinta for a 487 PC warrant, Manuel Cardenas (19 years) of La Quinta for a 10851 VC warrant, Ruben Cazares (34 years) of Palm Springs for a Parolee at Large warrant, Vincent Valenzuela (40 years) of La Quinta for DUI, and Peter Avila (25 years) of La Quinta for 459 PC warrant. We r, i r,.esn�A-v, 0A--II-P5 (75). No significant activity to report. Thursdavw 04-14-05 (81): No significant activity to report. Friday, 04-15-05 (75): 0413 hours- Deputy Burk responded to an alarm on the 78000 block of Calle Tampico, in La Quinta. During a perimeter check of the building, he observed a broken window on a door to a pharmacy located within the building. He also found that one of the main doors was easy to open and improperly secured. The building is a two story medical building consisting of multiple offices. With assistance from the Palm Desert units and the Indio Police K-9 Officer, a search of the building was completed and no one was located. The responsible party was reluctant to respond and for officer safety reasons and to prevent injury 468 to our personnel from the broken glass in the center area of the door, deputies kicked the door open. The reporting party arrived one hour and sixteen minutes after dispatch called her at her residence. 1125 hours- Deputy Pierce responded to the 52000 block of block of Eisenhower, La Quinta regarding a restraining order violation. At the residence Deputy Pierce contacted Charles Grajiola, 27, of La Quinta. The restraining order stated he was not to be at the location. He was arrested for the same. He also had marijuana and smoking paraphernalia and was booked at the jail for all charges. 1520 hours- Inv. Munoz responded to Park Drive in La Quinta regarding a drunk driver. He located the vehicle and the driver was identified as Phyllis Sandoval, 36, of La Quinta. After conducting an investigation, Inv. Munoz discovered the driver was under the influence of prescription drugs, which impaired her driving abilities. She was arrested and booked into jail for the same. Saturday, 04-16-05 (57): 2230 hour - Deputy Russo responded to Fritz Burns Park, La Quinta regarding a suicidal subject. Deputy Russo, Sgt. Blackwood and Sgt. Anderson contacted Jeffrey Wright, 21 yrs. of La Quinta, at Fritz Bums's Park. He stated he was upset over a break-up with his girlfriend and he wanted to kill himself. Wright attempted to cut both wrists earlier in the day. He was transported to Desert Regional Medical Center for a mental health evaluation. Sunday, 04-17-05 (57)e No significant activity to report. Monday, 04-18-05 (78): No significant activity to report. Tuesdav, 04-19-05 (105): 0200 hours- Deputy Adams stopped a vehicle that matched the description of a vehicle involved in a burglary that just occurred on Avenue 52 at Bermudas. The driver, Antonio Montemayor, 26 years of Thermal, was found to have a misdemeanor warrant for possessing stolen property. During a search of the vehicle, a small quantity of methamphetamine was found along with a ceramic chip attached to a whip -like handle. An infield line-up was conducted, but the victim could not identify the suspect or the car. 2130 Hours- Deputies responded to an injury hit and run collision on Fred Waring Drive, east of Washington St. The suspect vehicle had fled the scene and was being followed by two vehicles; both were on cell phones with dispatch. The suspect vehicle entered into Palm Desert station's area and their units � 'C'?`! 1 }� or.) YE°� j �C? 1 to �7 \3,, �� is° F f ()f M?l i ;° �1 ` t g` fkfc 'r c ��c,a' ec:l ;- wl t � 7BcsE=i` -C.1 rn foo but were caught hiding in the area. At the scene of the collision, it was determined the suspect was driving westbound on Fred Waring and crossed over the center double lined median, colliding head-on with a passenger vehicle. The driver of the passenger vehicle, Shane Gonzalez, 29 years of Palm Desert, received a compound multiple fracture of the right leg and complained of back and neck pain. A passenger, Jose Vera, 21 years of Indio, received a possible broken ankle and facial lacerations but refused medical aid at the scene. Deputy Adams responded to the suspect's location and determined the passenger, a 17 year old, seemed to be injured. He requested RCF to respond to the location and she was transported to Desert Regional Medical Center with a possible broken leg. The suspect, Thayne Tolles, 20 years of Palm Desert, submitted to a field sobriety test and EPAS (.07/.10/.08). He was transported to JFK. Hospital in Indio for an "OK" to book, then transported to the Indio jail. Wednesdav, 04-20-05 (76); No significant activity to report. � U.i Thursday, 04-21-05 (86): 1745 Hours- Deputy Moore responded to Walmart for a shoplifter in custody. Arrested was Michael Mata, 24 years of Indio. Due to the intent and elements of the crime, Mata was booked at the Indio jail for burglary. Fridav, 04-22-05 (69): 0720 hours- Deputy Bolton responded to the Ralphs shopping center at Washington and Village Center drive regarding a robbery. An elderly female had placed her purse on the front seat of her car and was loading items into her trunk. A male was parked in a vehicle next to her. He got out of his car, grabbed the purse and got back in his car. The victim attempted to get her purse back and the suspect told her he would drag her with him. He then pulled his car forward and knocking the victim to the ground. The male is described as a Hispanic male adult, approximately 40, 5' 9", heavy set, a round face with a full moustache, wearing a turquoise colored polo shirt and dark pants. He was driving a late 90's, silver, Lincoln, 4-door sedan. 2239 hours- Deputy Lugo responded to the Super Walmart regarding an uncooperative shoplifter in custody. Once Deputy Lugo arrived, the suspect became cooperative. Arrested and cited in the field was Michael McWilliams, 50 from Indio. 2330 hours- Deputy Burk responded to the Super Walmart to assist Deputy Lugo with his investigation. During the investigation, Deputy Burk was notified that a suspicious person was possibly fighting with security in the parking lot. Deputy Burk was also notified the suspect was checking vehicles for unlocked doors in the parking lot. When Deputy Burk contacted the suspect, he attempted to conduct a pat -down search for weapons. The suspect broke free from Deputy Burk and took a combative stance. Deputy Burk removed his baton and ordered the suspect to the ground. The suspect refused and was then taken to the ground by Deputy Lugo. The suspect was handcuffed without further incident. Arrested for resisting a peace officer was Patrick Comer, 41 from Desert Hot Springs. He was booked at Indio Jail. Saturday, 04-23-05 (70): 2045 hours- Due to high winds and blowing sand, (white out conditions), at the Jefferson St. /Ave. 52 round -a -bout and southbound to Avenue 54, the city of La Quinta road Department personnel responded and shut down Jefferson St. Three water trucks were wetting the area at Silver Rock with little affect to the hazard. Sundav, 04-24-05 (67): 2242 hours- Deputy Moore responded to the 52-800 block of Ave. Mendoza in reference to a robbery call. T_Jp41n-arrival, me met with Malin vifridimirov... a Dornino's, Pizzo. clelivE"ryroan, According to N(alill, fit(., drove to a residence on Ave. Mendoza to deliver a pizza. He walked up to the residence and found nobody home. As he was walking back to his vehicle, a male subject walked up to him brandishing what looked like a rifle. The male subject then told Malin to set the pizza and the money on the sidewalk and to get into his vehicle and drive away. Malin placed the pizza on the sidewalk and drove away southbound on Ave. Mendoza. He saw the suspect pick-up the pizza and watched him walking away northbound on Ave. Mendoza, towards Calle Obregon. Malin described the subject as have having a thin build, about 5' 5" tall, wearing a black shirt, black pants and a black cap. His face was partially covered with a white cloth. Based upon the suspect's accent, the victim believed the suspect was possible a black male. The area was searched, however, the suspect was not found. Monday, 04-25-05 (83): 0830 hours- Deputy Wedertz arrested Moises Bracamontes Ramirez from La Quinta in reference to a burglary, receiving stolen property, and for committing a felony while on bail that occurred on 04/19/05 on the 53000 block of Avenida Herrerra in La Quinta. During Pu investigations conducted by Deputies Celaya 470 and Wedertz, Ramirez was identified in a photographic line-up, and during his arrest he admitted participating in the burglary. 1907 hours- Deputy Alvarado responded to a beer run call at Ralph's Grocery store in La Quinta. According to the store employees, the suspects (a group of juveniles) ran from the store towards the La Quinta Civic Center. While en route to the store, Deputies Alvarado and Moore located the suspects walking in the Arnold Palmers Restaurant parking lot. The suspects (three juveniles 14 yrs old and 15 yrs old) were detained and questioned regarding the theft. The suspects confessed to entering the store to steal alcoholic beverages. The employees also identified the suspects as the ones involved in the theft. The suspects were taken to the station and later released to their parents. Burglary and trespassing charges will be filed on the subjects out of custody. Tuesday, 04-26-05 (83): 1631 hours- Deputy Hendry was assigned an in -progress grand theft on the 54-000 block of Ave. Montezuma. The reporting party said the suspects were loading lumber into a greenish/blue van. The suspects were described as Hispanic males wearing white t-shirts. While en rout to the call Deputy Hendry spotted the van traveling eastbound on Ave. 52, east of Jefferson St. Deputy Hendry made an enforcement stop on the van on Ave. 52, across from the Citrus Country Club. As the van stopped, the passenger fled from the van and ran into the Citrus Country Club. The driver remained inside the van and was later identified to be Phillip Trail. Several deputies, the K-9 team, and the CHP plane responded to the Citrus Country Club and conducted a thorough search for the suspect. After receiving some tips from the local residents, the suspect was located, detained and identified to be Romero Diaz Jr. of La Quinta. Diaz had been wanted for a Parolee at Large warrant, assault with a deadly weapon and terrorist threats. $600.00 worth of lumber was recovered from the van and released to the victim. Trail was arrested for possession of stolen property. Diaz was arrested for his Parolee at Large warrant, assault with a deadly weapon, terrorist threats and receiving stolen property. 1957 hours- Deputy Brooker responded to the Wal Mart in La Quinta in reference to a check fraud case. The reporting party, Darwin Lara, said a white male was attempting to cash a fictitious check for $395.00 and had just left the store and was walking through the parking lot. Upon arrival, the suspect was located in the Wal Mart Parking lot and detained. The Wal Mart employees identified the subject as the one attempting to cash the check. The suspect was arrested and searched, and found to be in possession of an altered credit card and a fake Colorado Driver's license. The subject identified himself to be Tyler Randell Warner. It was believed he was giving a false name and age. He appeared to be about 30 yrs old. The subject was booked into the Indio Jail for attempting to pass a fictitious check and for being in possession of an altered credit card. The suspect was live scanned to help try to find his true identity. Wednesday, 04-27-05 (101): 1343 hours- Deputy Gaunt responded to a non -injury traffic collision at Adams and Ave.48. The investigation revealed that Michael Boyer of Palm Desert was traveling southbound on Adams St., approaching the intersection of Ave. 48, and failed to stop for the red light, colliding into the rear of a vehicle stopped in front of him. Boyer was found to be driving under the influence of alcohol with a BAC of .34%. Boyer was booked into Indio jail. 1410 hours- Deputy Harter arrested Austin Lee at the La Quinta Substation for two outstanding warrants, one for assault with a deadly weapon, and the second for being under the influence of a controlled substance. 2358 hours- Deputies Bonaddio and Leary responded to a missing person call in the 52500 block of Eisenhower, La Quinta. Keywanda Griffith, 28 years, was last seen at the location at 1000 hours. She left with her estranged husband, Pablo Gonzalez, 25 years, with an address in Palm Desert, following an argument. Vehicle described only as a small gray 4-door. Thursday, 04-28-05 (99): Yesterday's missing person from La Quinta (Keywanda Griffith) was located safe at her residence today. Friday, 04-29-05 n: 0105 hours- Deputy Burk responded to the 53000 block of Ave. Rubio in reference to an incoherent female who called dispatch. Deputy Burk found Carolyn Searl, 41, of La Quinta in front of the residence. Searl was extremely intoxicated and upset over being fired from Indio Charter Middle School. She was eventually transported to the Indio Jail, however, she collapsed during booking, due to extreme intoxication and the jail would not accept her. She was transported to JFK Hospital and was placed in four -point restraints, due to being combative. Searl ultimately calmed down and was released per arrest without warrant to the hospital. 0940 hours- La Quinta set team deputies Wedertz and Celeya conducted a vehicle stop at Eisenhower and Ensenadas. The driver, Gloria Perris, 53, of Indio stated she was on probation and gave consent to search her vehicle. Located in her purse was approx..25 grams of Methamphetamine. She was arrested and booked into jail for possession of an illegal drug. 1729 hours- Deputy Lopez responded to the Super Wal-Mart in reference to a shoplifter in -custody. Deputy Lopez took custody of Jose Mendoza, 30, of La Quinta and discovered a $25,000.00 warrant for receiving stolen property. Mendoza was booked at the Indio Jail. 2013 hours- Deputy Lopez responded to the Silver Hawk Apts , La Quinta, in reference to a suspicious person. He located the subject Manuel Vasquez and subsequently arrested him for possession of a controlled substance and possession of narcotic paraphernalia. Vasquez was booked into the Indio Jail. Saturday, 04-30-05 (63): 0300 hours- Deputy Adams arrested Harry Williams, 43 yrs old, of Santa Monica, for driving under the influence of alcohol or drugs and causing an injury. Williams was driving with a BAC of .12%-.11 % and struck a GMC Yukon from behind. The force from the impact caused the GMC to strike a limo from behind. Three people from the limo were taken to the hospital. Their injuries were not considered serious (complaint of pain only). Two of the injured people were transported to Eisenhower Hospital and the other injured person was taken to JFK Hospital. Total calls for service: 2298 �ti City of La Quinta Community rientePolicing Office and Volunteers Report April, 2005 Highlights: • The volunteer program averages fourteen volunteers who are simultaneously serving in a variety of capacities while staffing the counter of the La Quinta Community Policing Office (CPO). • Several volunteers have been assigned to do database entries for all La Quinta traffic and parking citations. Another volunteer has been trained to enter all traffic collisions into the system from the CPO 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. d.. Ongoing training programs are planned. Volunteer Hours and Monthly CPO Statistics MonthIv YTD Totals (4/03 to Present) Hours 260.5 954.5 5731 Visits 186 591 3540 /173 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT INDIO STATION 82695 Dr. Carreon Blvd. Indio, California 92201 April 2005 Explorer Post 503 Program Report Submitted by Explorer Post Advisor Deputy Andy Gerrard For the first time ever, Riverside County Sheriff's Department Post 503 Explorers teamed up with Palm Desert Station Post 507 Explorers to prepare for the upcoming Las Vegas, Nevada "Ex -Con" Explorer Competition. On April 20, Post 503 Explorers hosted Post 507 Explorers at the Indio Station. During the meeting, Explorers practiced vehicle stops, building searches and active school shooter scenarios. The Explorers had a pizza party to conclude the meeting. Post 503 personnel traveled to the Palm Desert Station for the April 27 meeting. During the meeting, Explorers participated in domestic violence, vehicle stop, alarm response and building search training exercises. Post 507 personnel treated Post 503 Explorers to a delicious barbeque at Palm Desert City Park at the end of the training. Other training meetings for Post 503 Explorers were held on April 6 and 13. The meetings covered physical training; drill/marching practice, competition event training and future meeting prep work. Deputy Manuel Alvarado did a great job coordinating the drill and marching training. i led the physical training. Some Post 503 Explorers volunteered as roll players for the College of the Desert Public Safety Academy on April 9. Other Post 503 Explorers assisted with the City of Coachella Health Fair and Bicycle Safety event at Veterans Park on April 9. On April 20, Explorer Post 503 Captain Alejandro Barragan, Explorer Joel Chapa and Explorer Eric Sanchez volunteered as carjacking suspects to assist the Riverside County Sheriff's Department Emergency Services and Hostage Negotiations teams during scenario training. 474 CITY of AprilMONTHLY SCHOOL RESOURCE OFFICER REPORT School: La Quinta High School Deputy: Robert Brooker 13- Criminal Reports 4- Non Criminal Incidents 5- Arrests 0- DA Filings 1- YAT Referrals 2- Traffic Stop 0- Vehicle Checks 0- Pedestrian Checks School 1 : April 1st through April 30th , 2005 =I= ➢ During the month of April I assisted school staff with school related problems and parents who are having problems with their high school age children at home. 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. g I handled the usual thefts of cell phones from the locker rooms, and truancy citations. Only one fight on campus was reported to me. Several students were found to be in possession of marijuana. In one case the charge was found to be unfounded as what looked like marijuana field tested negative. In March, a school staff member's car was vandalized, by being "keyed". This month, a student also had her car "keyed". ➢ I handled several civil problems and investigated an allegation of a death threat, which I found to be unfounded. The major incident this month was a grand theft occurring in the cafeteria office. An unknown suspect entered the cafeteria through the unlocked service entrance, in the back, and then entered the office which was also unlocked. The suspect took $418 from the cafeteria safe. The safe door was closed but was not locked. Cafeteria employees saw a possible suspect, who looked like a student, but they were unable to identify him. No usable evidence was located at the scene and the case was suspended pending further investigation. 475 La Quinta Police Department Special Enforcement Team Monthly Report -- April 2005 (Dep. Wedertz, Dep. Celaya, Sgt. Jemenez, Dep. Olsen, Dep. Bolton) The following is a summary of the Special Enforcement Team activities for the month of April. Ongoing Investigations 2 Probation Searches 7 Parole Searches 0 Arrests/ Filings 7 Vehicle Checks 11 Business Contacts 16 Investigation Assists 5 Arrest Warrants Served 5 Arrest Warrants Attempted 6 Programs 1 Pedestrian Checks 14 Crime Prevention Hours 120 Bar Checks 0 Back-ups 13 Follow-ups 15 Search Warrants 0 Meetings 6 Recovered Stolen Property 0 Citations Issued 4 Surveillance's 2 Property Checks 13 Civil Commitments 0 Bicycle Time 0 Training Hours 0 Illegal Drugs Seized .7grams TotalMileage: 1 4 miles -4 SIGNIFICANT ACTIVITIES ♦ Planned and supervised a major crime suppression program in the La Quinta Cove area. During the program: 83 vehicles were stopped. 36 citations were issued. 10 vehicles were towed. 8 subjects were arrested on felony charges. 9 individuals were arrested on misdemeanor charges. ♦ Arrested David Warner (60) of La Quita for 2800(a)VC (Disobeying a lawful order). ♦ Arrested Sonja Perez (30) of Thermal for a 211 PC (Robbery) warrant related to a home invasion robbery in La Quinta. ♦ Arrested Juan Valenzulea (27) of Calexico for a 211 PC (Robbery) and violation of probation warrant. Valenzulea had successfully evaded arrest 6 years. Valenzulea was arrested following contact during a crime suppression vehicle stop. s Arrested Manuel Cardenas (19) of La Quinta for an outstanding felony 10851 VC (Vehicle Theft) warrant. Cardenas was identified and arrested as a result of a pro -active pedestrian check. ♦ Arrested Ray Ramirez (38) of Arizona and Holly Steinrock (28) of Indio for 10851 VC (Vehicle Theft) and 496 PC (Possession of Stolen Property) following a vehicle stop. ♦ Arrested Moises Ramirez (19) of La Quinta for 459 PC(Residential Burglary), 496 PC (Possession of Stolen Property) and 12022.1 PC (Committing a felony while out on bail). ♦ Filed 487 PC (Grand Theft), 496 PC (Possession of stolen property) on Ramiro Diaz (26) of La Quinta after the suspect fled following a vehicle stop. Diaz was found to be a parolee at large and admitted to a theft and vehicle burglary occurring on 2-14-05. Following the arrest of Ramirez and Diaz, the number of vehicle burglaries and related thefts decreased dramatically in the area of the La Quinta Cove. 47 LA QUINTA POLICE MOTORCYCLE ACTIVITY REPOW[ PROGRAM STATISTICS Prepared By: Deputy Dave Adams Speed Violations 134 Lane Change Violation 1 Tows 21 Fail to Yield 2 Seat Belt Violations 50 Injury T/C 9 Turning Violations 4 DUI Arrests 8 Non -Injury T/C 21 Calls for service & B/U' 47 Misd. Arrest 12 Suspended DL 18 Red light / Stup sign 36 f-elony arrest 4 57 Non-Upoving H&S 30 3 Child Seat Violations 4 Warnings HIGHLIGHTS 478 CITY of LA QUINTA APRIL 2005 C.S.O.: Monica Santillanes C.S.O.: Thomas Fowler ActivitySummary of •r the Month of Type of Activity Number of Incidents Burglary Investigations 18 Grand Theft Reports 2 Petty Theft Reports 9 Va,ndalisrn/ alidous Mischief Reports _..___. Vehicle Theft or Recovery Reports 0 Traffic Collision Response 12 Vehicle Code or Parking Citations 16 Abandoned Vehicles Tagged w/ Warning 16 Towed Vehicles 5 Lost or Found Property Reports Area Checks /LQ Skate Park/Laborers 2 Public Assistance Custodial and Non -Custodial Transports Miscellaneous Calls 479 DEPARTMENT REPORT: CITY OF LA Q UINTA Crime Statistics Summary 480 OCD �a 3 o C O � v Q W CAD a O CCD Q O C n O CAD c CQD Q -I Z D � D TO n 00 -Ni -A N r w x x 2 o 6 c 6 x> x> m c w o> o n ;o D z Omc�Om,r-cmm0 m D c Z0OZZm>-l� m r Z Cl) i= rn �n r < --IZ Z n Z. o O O CA 0) W IV O CCA)OO O N CO W O a, r y. 0 C N � Z � r � r Cil W N O 0 ONO N W� N NO CA) -I N O O N Ul O vn N O N 000 co O Np N co m y O v Ma X n m cn z w1-0 .� el m n 4M0 m D 00 C C/) Cl) D co G) � o -� r- O z D oC/) �O z D X �n -- 01 O 0 cn -v 04, h� w 0,L CITY OF LA QUINTA Month to Month Calls for Service Comparison April 2005 2500 2000 1500 1000 500 0 10000 9000 8000 7000 6000 5000 4000 3000 2000 1000 0 M Apr. 2005 1014r.2004-1 Total Non -Criminal Criminal Year to Date Calls for Service Comparison Total Non -Criminal Criminal FERYTID 2005 CITY OF LA QUINTA DISPATCH INFORMATION - APRIL 2005** TYPE OF CALL RESPONSE TIME (MINUTES) NUMBER OF INCIDENTS EMERGENCY 1 12.7 ROUTINE 8.734 1325 ** Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. 120 100 80 60 40 20 0 400 350 300 250 200 150 100 50 0 CITY OF LA QUINTA Month to Month Crime Comparison - April APRIL 2005 13APRIL 2004 Year to Date Crime Comparison - April YTD 2005 C1 YTD 2004 cj �Ci O e-o�� Al�k>' ey Q' 2500 2000 1500 1000 500 0 CITY OF LA QUINTA 'M APRIL 2005 Month to Month Traffic Activity Comparison 13APRIL 2004 TRAFFIC T/C NOW DUI T/C INJURY CITATIONS INJURY Year to Date Traffic Activity Comparisor TRAFFIC T/C NOW DUI CITATIONS INJURY T/C FATAL M YTD 2005 [jYTD 2004 T/C INJURY T/C FATAL COUNCILAWA MEETING DATE: May 17, 2005 ITEM TITLE: Public Meeting/Hearing on Landscape and Lighting Assessment District 89-1, Fiscal Year 2005/2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council confirming the diagram and assessment for Landscape and Lighting Assessment District 89-1, Fiscal Year 2005/2006, pursuant to the Engineer's Report. FISCAL IMPLICATIONS: The anticipated revenues identified in the Engineer's Report reflect assessments totaling $842,157 in Fiscal Year 2005/2006. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 3, 2005, the City Council adopted the following Resolutions: • Resolution No. 2005-034 (Attachment 1), approving the Preliminary Engineer's Report for Fiscal Year 2005/2006 in Connection with Landscape and Lighting Assessment District 89-1 • Resolution No. 2005-035 (Attachment 2), declaring intention to levy annual assessments for construction, maintenance, and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof. S:\CityMgASTAFF REPORTS ONLY\5-17-05\PH4 L&L 89-1.doc 497 The Engineer's Report is required by the Landscape and Lighting Act of 1972 and must include the following information: 1. A description of the services to be provided throughout the District; 2. Total costs necessary to provide all services described in the Engineer's Report; 3. A diagram showing the boundaries of the District, including special benefit zones; and 4. An assessment schedule. The May 3, 2005 Engineer's Report and parcel reconciliation, prepared by MBIA MuniFinancial, provides the required information for the Landscape and Lighting District 89-1 for Fiscal Year 2005/2006. A copy of the report is on file in the City Clerk's office. The Engineer's Report projects the following for Fiscal Year 2005/2006 in comparison to the Fiscal Year 2004/2005 Engineer's Report: FY 2004/2005 FY 2005/2006 Citywide benefit zone Yes Yes Number of local benefit zones 6 6 Number of Equivalent Dwelling Units (EDU's) 23,280 23,656 EDU Rate $35.60/EDU $35.60/EDU District Revenue $828,783 $842,157 The actual assessment per equivalent dwelling unit (EDU) has not changed from the previous year. The Engineer's Report was completed in accordance with provisions set forth by Proposition 218, which was passed by the voting public during the November 1996 election. The estimated Fiscal Year 2005/2006 District exempt cost is $1,406,300. Based on this estimate, the citywide benefit assessment would be $59.45/EDU. The current assessment is $35.60. Proposition 218 does not allow for assessment increases unless approved in a public vote. City staff will monitor the progress of existing and future legislation clarifications and/or litigation to determine if a different methodology or other finance methods may be utilized in the subsequent fiscal years. The purpose of this Public Meeting/Hearing is to allow affected property owners an opportunity to ask questions of the City Council and staff regarding the District and to provide public testimony regarding any proposed changes. No changes are proposed at this time. Only after the Public Meeting/Hearing has been conducted can the City Council adopt assessment fees for Fiscal Year 2005/2006. t•' •• S:\CityMgr\STAFF REPORTS ONLY\5-17-05\PH4 L&L 89-1.doc 2 Should the City Council receive testimony from the public through the end of the Public Meeting/Hearing that warrants a change to the assessment level, the City Council can lower only the assessment levels without conducting a public vote. A reduction in the assessment level will impact the revenues necessary to fund the proposed Landscape and Lighting operational budget for Fiscal Year 2005/2006. If service levels are not adjusted accordingly, the General Fund would be required to make up the difference between the reduced revenue level and the proposed Landscape and Lighting operational budget. Pursuant to the City Council's direction, staff will continue to investigate possible revenue sources and/or expenditure reductions to reduce the Landscape and Lighting District's burden on the General Fund. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council confirming the diagram and assessment for Landscape and Lighting Assessment District 89-1, Fiscal Year 2005/2006, pursuant to the Engineer's Report; or 2. Direct staff to adjust the Engineer's Report to reflect any changes approved by the City Council upon the conclusion of the Public Meeting/Hearing. Should the City Council direct amendments to the Engineer's Report, an amended Engineer's Report and the impacts of the amendments will be submitted to the City Council for approval at the June 7, 2005 City Council meeting. Upon approval, the City Council will adopt a resolution confirming the assessment diagram and assessments for Fiscal Year 2005/2006, pursuant to the modified Engineer's Report. Any reduction in the assessment will result in a reduction of Landscape and Lighting District revenues available for Fiscal Year 2005/2006, requiring one or a combination of the following: • Supplement Fiscal Year 2005/2006 revenues with other fund sources, such as the General Fund; and/or • Reduce services to reflect the reduced revenue levels; or 3. Provide staff with alternative direction. Respectfully submitted, A 010i.-- Ti othy . Jonasson, P.E. blic Works Director/City Engineer 489 3 S:\CityMgr\STAFF REPORTS ONLY\5-17-05\PH4 L&L 89-1.doc Attachments: 1. 2. Approved for submission by: Thomas P. Genovese, City Manager Resolution No. 2005-034 Resolution No. 2005-035 S:\CityMgr\STAFF REPORTS ONLY\5-17-05\PH4 L&L 89-1.doc out CA RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2005/2006 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 (PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council directed the City Engineer to prepare and file an annual report for Fiscal Year 2005/2006. SECTION 2. The City Engineer filed an annual report on May 3, 2005, and the City Council adopted a Resolution of Intention to Levy and Collect Assessments within Landscape and Lighting Assessment District 89-1 for Fiscal Year 2005/2006 and set a Public Meeting/Hearing date of May 17, 2005 at the La Quinta City Council Chambers, 78-495 Calle Tampico, La Quinta, California. Notice of the Public Meeting/Hearing was given in the time and manner required by law. SECTION 3. On May 17, 2005, a Public Meeting/Hearing for which notice was given, was conducted at which every interested person was given an opportunity to object to the proposed assessment in writing or orally, and the City Council has considered each protest. SECTION 5. On May 17, 2005, the City Council found that written protests against the proposed assessment had not been made by owners representing more than one-half of the area of the land to be assessed. SECTION 6. The City Council hereby confirms the diagram and assessment as set forth in the annual report of the Engineer of Work and hereby levies the assessment set forth for Fiscal Year 2005/2006. 491 �1 Resolution No. 2005- Landscape and Lighting Assessment District 89-1 Adopted: May 17, 2005 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 17' day of May, 2005, by the following vote to wit: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 499 6 ATTACHMENT 1 RESOLUTION NO. 2005-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR FISCAL YEAR 2005/2006 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 WHEREAS, the City Engineer has prepared and filed with the City Clerk of the City of La Quinta and the City Clerk has presented the City Council. such report entitled "La Quinta Landscape and Lighting Assessment District 89-1, Preliminary Engineer's Report" (the "Report"); and WHEREAS, the City Council has carefully examined' and reviewed such Report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The Report, as filed, is hereby approved. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this Xd day of May, 2005, by the following vote to wit: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph. NOES: None ABSENT: None ABSTAIN: None D N ADOLPH, Ma r City of La Quinta, California 493 Resok rdon No. 2005-034 Landscape and Lighting Assessment District No. 89-1 Adopted: May 3, 2005 Page 2 ATTEST: - C/I�� t�l J . GREEK, CMC, Cit Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATAERINt JENSON, City torney City of La Quinta, California 494 .8 ATTACHMENT 2 RESOLUTION NO. 2005-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE, AND SERVICING LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF WHEREAS, the City Council, by its Resolution No. 89-9, initiated proceedings pursuant to provisions. of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as "the Act"), for the formation of a Landscape and Lighting Assessment District designated "La Quinta Landscape and Lighting Assessment District 89-1," .shell include all of the territory located within the boundaries of the City; and WHEREAS, the City Council desires to levy and collect assessments within Landscape and Lighting Assessment District 89-1 for the Fiscal Year commencing July 1, 2005 and ending June 30, 2006 to pay the costs and expenses of constructing, operating, maintaining, and servicing landscaping, lighting and appurtenant facilities located within public places in the City; and WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk of the City of La Quinta and the City Clerk has presented to the City Council a report in connection with the Landscape and Lighting Assessment District 89-1 and the. City Council did by previous Resolution approve such report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council has previously formed Landscape and Lighting. Assessment District 89-1 pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of. Division 15 of the California -Streets and Highways Code, commencing with Section * 225500 (hereinafter referred to as sthe Act"). 495 Resolution No. 2005-035 Landscape and Lighting Assessment District 89-1 Adopted: May 3, 2005 Page 2 SECTION 2. The City Council hereby finds that the maintenance and operation of projects identified in the Preliminary Engineer's report for Landscape and Lighting Assessment District 89-1 consisting solely of exempt items of sidewalks, streets, sewers, water, flood control, and/or drainage pursuant to Article 13D Section 5(a) of the California Constitution, that the public interest requires the maintenance of the improvements, and declares its intention to levy and collect assessments for the fiscal year commencing July 1, 2005 and ending June 301 2006 to pay for the costs and expenses of the improvements described in Section 4 hereof. SECTION 3. The territory included within the boundaries of the Assessment District includes all of the land included within the boundaries of the City. SECTION 4. Reference is hereby made to the report of the Engineer on file with the City Clerk of the City of La Quinta for a full and fair description of the improvements, the boundaries of the Assessment District and any zones therein and the proposed assessments upon assessable lots and parcels of land within the Assessment District. SECTION 5. Notice is hereby given that the 17' of May 2005, 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a public meeting by the City Council to allow public testimony regarding the proposed increased assessment. SECTION 6. Notice is hereby given that the 17'h day of May 2005, 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a Public Hearing by the City Council on the question of the levy of the proposed assessment for Landscape and Lighting Assessment District 89-1. Any interested person may file .a written protest with the City Clerk prior to the conclusion of the hearing, or, withdrawal of the protest. A written protest shall state all grounds of objections and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard. SECTION 7. The City. Clerk is hereby authorized and directed to give notice of such hearings as provided in the Act. SECTION 8. The City Council hereby designates the Desert Sun as the newspaper in which notice of the Public Hearing shall be published.. 496 10 Resolution No. 200"35 Landscape and Lighting Assessment District 89-1 Adopted: May 3, 2005 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3`d day of May, 2005, by the following vote to wit: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, M or City of La Quinta, California ATTEST: JLkSIE REEK, CMC, City C eW— City'-ULa Quinta, California (City Seal) APPROVED AS TO FORM: i M. KATHE NNE JENSON, City Attorney City of La Quinta, California 497 11 —r ti OF T19 COUNCIL/RDA MEETING DATE: May 17, 2005 ITEM TITLE: Public Hearing to Adopt a Resolution of the City Council Approving Tentative Tract Map 33015, a Nine -Unit Single -Family Detached Residential Condominium Subdivision, With One Custom Lot on 2.37 Acres, Within PGA West Palmer Private Course Area, at the Northeast Corner of Shoal Creek and Riviera RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: C- Adopt a Resolution of the City Council approving Tentative Tract Map 33015, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Proposed Tentative Tract Map 33015 is within PGA West - Specific Plan 83-002; the site location is shown on Attachment 1. The Specific Plan was originally approved for 5,000 units; subsequent Amendments to the Plan now allow for 3,936 residential units. There are approximately 2,450 existing residential units within the Specific Plan area. The subject property was previously subdivided as part of several tracts, the last being Tract. 29125, approved in 1999 and subsequently recorded, but never constructed. Tract 29125 consists of nine single-family residential lots and one custom home lot. Street and utility improvements have not been completed under Tract 29125. Project Request Tentative Tract Map 33015, as depicted in Attachment 2, proposes to re -subdivide the approved Tract 29125 into a one -lot condominium map, retaining the approved unit S:\CityMgr\STAFF REPORTS ONLY\PH 3 TT33015.doc 498 count and unit types for the site. The applicant has indicated that the HOA now will not allow the units to be built as detached individual lots. Therefore, the applicant has filed the tentative tract map to establish one common lot for the original nine units, in lieu of the original proposed for the nine individual lots. Lot 2 will be retained as a separate custom single-family residence. The total acreage involved in this request is 2.37 acres. Lot 1 will be developed with the Laurels unit design (2,294 s.f. to 2,353 s.f.) previously approved for Tract 29125 under Site Development Permit 99-643. The only significant difference between this map and the existing approval is the change to condominium ownership. Planning Commission Action The Planning Commission, at its April 26, 2005 meeting, recommended approval of the tentative condominium map. At the public hearing, testimony was given by the developer in regards to the rationale for the map, project design and concept. No one else spoke on this item. The minutes of the April 26 Planning Commission meeting are included as Attachment 3. The Planning Commission deleted Conditions 16.E and 34.A.1.a, relating to the requirement for a meandering sidewalk along the Avenue 54 frontage, as a meandering design is not contemplated for this roadway as a local street. FINDINGS AND ALTERNATIVES: Findings necessary to approve the subdivision can be made and are contained in the attached Resolution. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council approving Tentative Tract Map 33015, subject to Findings and Conditions of Approval; or 2. Do not adopt said Resolution of the City Council, approving Tentative Tract 33015; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas I Evans493 Community Development Director 02 P:\Reports - CC\2005\5-17-05\TT 33015\ccrptTT33015.doc Approved for submission by: Thomas P. Genovese City Manager Attachments: 1. Location Map 2. Tentative Tract 33015 3. Minutes of the 4/26/05 Planning Commission meeting S:\CityMgr\STAFF REPORTS ONLY\PH 3 TT33015.doc RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GREANTING APPROVAL TO SUBDIVIDE 2.37 ACRES INTO ONE RESIDENTIAL COMMON LOT FOR CONDOMINIUM PURPOSES, ONE RESIDENTIAL CUSTOM LOT AND ONE STREET LOT CASE NO: TENTATIVE TRACT MAP 33015 RIVIERA VILLAS, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 17th day of May, 2005, hold a duly noticed Public Hearing to consider the request of Riviera Villas, LLC, to create one common residential lot for condominium purposes, one custom residential lot and one street lot on ± 2.37 acres at the northeast corner of Shoal Creek and Riviera, within PGA West, more particularly described as follows: LOTS 1 THROUGH 10 OF TR 29125 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 26th day of April, 2005, hold a duly noticed Public Hearing to consider a request by Riviera Villas, LLC to create one common residential lot for condominium purposes, one custom residential lot and one street lot on ± 2.37 acres at the northeast corner of Shoal Creek and Riviera, within PGA West; and, WHEREAS, said Tentative Tract Map is exempt from the California Environmental Quality Act (CEQA) per Public Resources Government Code Section 65457(a) and CEQA Guidelines, Section 15182, as an Environmental Impact Report (SCH# 83062922), prepared for Specific Plan 83-002, was certified by the City Council on May 15, 1984, and no changed circumstances or conditions exist which would trigger the preparation of a subsequent environmental analysis pursuant to Public Resources Code Section 21 166; and, WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the following mandatory findings to justify approval of said Tentative Tract Map: 1. The proposed Tentative Tract Map 33015 is consistent with the La Quinta General Plan and the PGA West Specific Plan, in that the subdivision will result in the development of single-family residences, within a gated community, and will not affect overall density provisions as established. Overall, the proposed subdivision will only add 10 lots to the existing 2,450 r- P:\Reports - CC\2005\5-17-05\TT 3301 5\ccreso3301 5.doc �, .:� 4 City Council Resolution No 2005- Tentative Tract Map 33015 Riviera Villas, LLC Adopted: May 17, 2005 units, well below the approved total of 3,936 units. Tentative Tract Map 33015 is consistent with current standards of the Municipal Zoning Code, RL (Residential Low Density) Zoning District, and PGA West Specific Plan. 2. The design and improvements for Tentative Tract Map 33015 are consistent with the La Quinta General Plan and the PGA West Specific Plan, in that the design of the private interior streets and the proposed residential and lettered lots are consistent with those already approved and existing within the Specific Plan area. 3. The design of Tentative Tract Map 33015, and the proposed improvements, are not likely to cause substantial environmental damage, or substantially, and unavoidably injure fish or wildlife, or their habitat, in that an Environmental Impact Report (SCH# 83062922) was certified on May 15, 1984 by the City Council for the PGA West Specific Plan (Specific Plan 83- 002), in which Tentative Tract Map 33015 is located, and there are no changed circumstances or conditions proposed with Tentative Tract Map 33015 which would trigger the preparation of any subsequent environmental analysis. Tentative Tract Map 33015 has also been determined to be exempt from CEQA under Public Resources Government Code Section 65457(a). 4. The design of Tentative Tract Map 33015 and related improvements are not likely to cause serious public health problems, in that the Fire Department and the City's Building & Safety Department have reviewed the project for these issues with no significant concerns identified. Necessary infrastructure improvements for this project have been partially installed within PGA West, in and around the Tentative Tract Map 33015 project area. The health, safety and welfare of current and future residents can be assured based on the recommended conditions. 5. The design of, and type of improvements for Tentative Tract Map 33015 will not conflict with easements, acquired by the public at large, for access through, or use of, property within the subdivision, as the proposed subdivision has been reviewed for these issues with no concerns identified. The map design includes provisions for access, utility and other public easements as determined necessary during review of the proposal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: P:\Reports - CC\2005\5-17-05\TT 3301 5\ccreso3301 5.doc V City Council Resolution No. 2005- Tentative Tract Map 33015 Riviera Villas, LLC Adopted: May 17, 2005 1. That the above recitations are true and correct and constitute the findings of said City Council in this case; 2. That it does hereby approve the above -described Tentative Tract Map 33015, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval, labeled Exhibit "A". PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 17th day of May, 2005, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\Reports - CC\2005\5-17-05\TT 3301 5\ccreso3301 5.doc 06 CITY COUNCIL RESOLUTION NO. 2005- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 33015 RIVIERA VILLAS, LLC MAY 17, 2005 GFNFRAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • SCAQMD Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. PAReports - CC\2005\5-17-05\TT 33015\coacc33015.doc - 1 - 07 City Council Resolution No. 2005- Tentative Tract 33015 — Recommended Riviera Villas, LLC May 17, 2005 A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. r P:\Reports - CC\2005\5-17-05\TT 33015\coacc33015.doc (l Q - 2 V Vi City Council Resolution No. 2005- Tentative Tract 33015 — Recommended Riviera Villas, LLC May 17, 2005 E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. PROPERTY RIGHTS 5. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 6. The applicant shall retain for private use on the Final Map all private street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. Pursuant to acceptance of Riviera Way as a private street, the applicant shall arrange to have Riviera Way to be maintained by the PGA West Homeowners' Association or shall make other provisions acceptable to the City Engineer for perpetual maintenance of the street. 7. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS 1) Riviera Way shall be a Private Residential Street measured 32 feet at gutter flow line to gutter flow line with parking restricted to one side and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering prior to recordation of the Final Map. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. 5 P:\Reports - CC\2005\5-17-05\TT 33015\coacc33015.doc -3- e9 City Council Resolution No. 2005- Tentative Tract 33015 — Recommended Riviera Villas, LLC May 17, 2005 8. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 9. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along the south side of Riviera Way. Such easement may be reduced to five feet in width with the expressed written approval of IID. 10. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 11. The applicant shall dedicate Lot B to the PGA West HOA as a landscape lot and arrange for the perpetual landscaping maintenance by the HOA or other arrangement as approved by the City Engineer. 12. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 13. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 14. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final Map. The Final Map shall be of a 1 " = 40' scale. r- PAReports - CC\2005\5-17-05\TT 33015\coacc33015.doc J " -4- 10 City Council Resolution No. 2005- Tentative Tract 33015 — Recommended Riviera Villas, LLC May 17, 2005 IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 15. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 16. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal NOTE: A through C to be submitted concurrently. D. On -Site Street Improvements/Signing & Striping 1 if = 40' Horizontal, 1 " = 4' Vertical E. Deleted by Planning Commission 4/26/05 F. Perimeter Landscaping and Wall Plan 1 " = 20' The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. P:\Reports - CC\2005\5-17-05\TT 33015\coacc33015.doc -5- 11 City Council Resolution No. 2005- Tentative Tract 33015 — Recommended Riviera Villas, LLC May 17, 2005 G. On -Site Residential Precise Grading Plan 1 if = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Precise Grading Plan when it is submitted for plan checking. Precise Grading plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 17. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public Works Department home page and look for the Online Engineering Library hyperlink. 18. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. PAReports - CC\2005\5-17-05\TT 33015\coacc33015.doc J�' '� _6_ ` City Council Resolution No. 2005- Tentative Tract 33015 — Recommended Riviera Villas, LLC May 17, 2005 IMPROVEMENT SECURITY AGREEMENTS 19. The applicant is obligated to construct all on and off -site improvements and satisfy its obligations for same, and furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 20. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 21. Should the applicant fail to construct the improvements for Tract Map No. 33015 or fail to satisfy its obligations for this development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 22. The applicant shall pay cash or provide security (or provide proof of having satisfied the aforementioned) for applicant's required share of improvements which have been or may be constructed by others (participatory improvements). A. Completion of off -site improvements associated with Specific Plan 83- 002 — the applicant shall pay a fair share of the cost of the remaining off - site improvements based on this map 's percentage of the remaining undeveloped residential and resort guest property within the specific plan. :ie MOO 23. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 24. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 25. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, PAReports - CC\2005\5-17-05\TT 33015\coacc33015.doc i -7- l3 City Council Resolution No. 2005- Tentative Tract 33015 — Recommended Riviera Villas, LLC May 17, 2005 C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 26. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 27. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 28. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 511 PAReports - CC\2005\5-17-05\TT 33015\coacc33015.doc 14 -8- City Council Resolution No. 2005- Tentative Tract 33015 - Recommended Riviera Villas, LLC May 17, 2005 nRAINAGF 29. Stormwater handling shall conform with the approved hydrology and drainage report for Specific Plan 83-002. l 1Tl l ITI FS 30. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 31. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 32. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 33. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 34. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. PUBLIC STREETS 1) Avenue 54 (Local Street; 60-foot R/W) No additional street widening on the south side of Avenue 54 is required per Street Improvements plans for Avenue 54 (PSN 04071). PAReports - CC\2005\5-17-05\TT 33015\coacc33015.doc 512 -9- 1b City Council Resolution No. 2005- Tentative Tract 33015 — Recommended Riviera Villas, LLC May 17, 2005 Other required improvements in the Avenue 54 right or way and/or adjacent landscape setback area include: a) Deleted by Planning Commission 4/26/05 b) The applicant shall remove all existing temporary fencing along TT 33015 Avenue 54 frontage and construct perimeter landscaping in the perimeter setback created by the underlying TR 24317-3, and perimeter wall to match construction of existing perimeter walls. These improvements shall be subject to approval by the Community Development Director and the City Engineer, as set forth in these conditions. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Construct 32-foot wide travel width as shown on the tentative map measured from gutter flow line to gutter flow line, provided parking is restricted to one side and there is adequate off-street parking for residents and visitors, and the applicant makes provisions for perpetual enforcement of the restrictions. 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. 35. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: PAReports - CC\2005\5-17-05\TT 33015\coacc33015.doc 1513 -10-� City Council Resolution No. 2005- Tentative Tract 33015 — Recommended Riviera Villas, LLC May 17, 2005 Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 36. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 37. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 38. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. FIRE MARSHAL 39. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 40. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 41. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 42. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs for Riviera Drive. P:\Reports - CC\2005\5-17-05\TT 33015\coacc33015.doc 17 .114 City Council Resolution No. 2005- Tentative Tract 33015 — Recommended Riviera Villas, LLC May 17, 2005 CONSTRUCTION 43. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. 44. Avenue 54 improvements conditioned in STREET AND TRAFFIC IMPROVEMENTS shall be constructed prior to certificate of occupancy is issued for the first condominium unit. LANDSCAPING 45. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 46. The applicant shall provide landscaping in the required setbacks, common lots, common areas and retention basins. Landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. 47. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 48. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. QUALITY ASSURANCE 49. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. P:\Reports - CC\2005\5-17-05\TT 33015\coacc33015.doc J 1 J -12- is City Council Resolution No. 2005- Tentative Tract 33015 — Recommended Riviera Villas, LLC May 17, 2005 50. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 51. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 52. Upon, completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 53. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 54. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. COMMUNITY DEVELOPMENT 55. TT 33015 shall be developed with the unit types originally approved under the Laurels plan type, under SDP 99-643. Any minor architectural changes will be reviewed in accordance with Section 9.60.300.L.1, LQMC. FEES AND DEPOSITS 56. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PAReports - CC\2005\5-17-05\TT 33015\coacc33015.doc 19 - 1 3 - It'.) `.. C(5p8) ATTACHMENT #1� � v � n tI cn 52ND. I AVE 53R0. I AVE VICINITY MAP N.s n RECOMMENDED FOR APPROVAL r17 SEAL � 20 ATTACHMENT kh INN re I a d d L W F N ATTACHMENT #3 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA Quill, and Chairman Tom Kirk Director Doug Evans, City ineer Steve Speer, Principal Ijace Nesbit, and Executive PUBLIC COMMEN21TIRN. III. CONFIRMAT[0N OF HE AGENDA. Confirmed. IV. CONSENT ITEM Chair n Kirk asked if there were any corrections to the Minutes of the regu r' meeting of March 22, 2005. There being no corrections, it was m ed anti seconded by Commissioners Daniels/Alderson to approve the nutes as'submitted. A. TentatVe Tract Map 33015; a request of Riviera Villas, LLC for consideration of a nine -unit single-family detached residential condominium subdivision, with one custom lot on 2.37 acres, located within PGA West Palmer Private Course area, at the northeast corner of Shoal Creek and Riviera. 1 . Commissioner Daniels stated he had a potential conflict of interest due to the location of his residence in relation to the tract. He excused himself and left the dais. G:\WPDOCS\PC Minutes\4-26-05.doc 24 Planning Commission Minutes April 26, 2005 2. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked if there wa an arrangement with the homeowners' association (HOA) to accept the maintenance. Staff stated it was his understandlrt.. . 7.' Ghi J man Kirk asked if there was any other public comment. ................:...................... There being none, the public hearing was closed. 8. It was moved by Commissioners Alderson/Quill to adopt Planning Commission Resolution 2005-01 approving Tentative Tract Map 33015, as recommended by staff and as follows: a. Conditions 16.E., 34.A.1.a. deleted. 2 G:\WPDOCS\PC Minutes\4-26-05.doc ` 1.r Planning Commission Minutes April 26, 2005 ROLL CALL: AYES: Commissioners Alderson, Ladner, Quill, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioner Daniels. Commissioner Daniels rejoined the Commission. B. Si n Application 2005-817; a request of Prest/Vuksic Architects for cDermott Enterprise for consideration of a revised Sign Program for the a Quinta Professional Plaza, located on :the southwest corner of ashington Street and Avenue 47. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner presented the information contained in t staff report, a cop which is on file in the Community Development Department. 4. Chairman "k asked if the Zoning Code allowed a sign on every eleveti4r. St ff stated it was determined on how the building was Situated. 5. Chairman Kirk a ked if the applicant would like to address the COMM" sion. Mr. ohn Vuksik, representing the applicant, stated he was available to nswer any questions. 8. Chairman Kirk asked if the building owner had a more stringent G:\WPDOCS\PC Minutes\4-26-05.doc 3 2 4 COUNCIL/RDA MEETING DATE: May 17, 2005 ITEM TITLE: A Joint Public Hearing Between the City Council and Redevelopment Agency to Consider the Sale of Real Property Located at 54-300 Avenida Velasco By and Between the La Quinta Redevelopment Agency and Ramon Martinez and Maria Salcido RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the sale of the single-family home located at 54-300 Avenida Velasco to Ramon Martinez and Maria Salcido for a purchase price of $165,000. FISCAL IMPLICATIONS: The Agency will receive approximately $97,000 from sale proceeds and will fund a $60,000 silent second trust deed loan; funding the second trust deed loan will insure that the dwelling is affordable to a very low-income household. BACKGROUND AND OVERVIEW: In August 1995 the Agency acquired 50 single-family homes in the Cove to remove them from bankruptcy proceedings filed by the then owner, Coachella Valley Land. Known as the La Quinta Rental Housing Program, these dwellings were rented to very low-income Section 8 households. In February 1998, the Agency directed staff to sell two units per year first to qualified tenants, and second to other eligible very low-income households. Since 1998, the Agency has also been substantially rehabilitating these units in order to count them towards the Agency's affordable housing production requirements. State law requires existing dwellings be substantially rehabilitated (wherein the rehabilitation costs are 25 % or greater than current market value) in order to count them as part of the Agency's affordable housing production efforts. Property rehabilitation costs have been funded from rental income. S:\CityMgr\STAFF REPORTS ONLY\PH 2 City house sale Velasco.doc 5 4 2 When the Agency initiated relocation activities at the Vista Dunes Mobile Home Park, staff began working with interested Park residents who could qualify for first trust deed mortgage loans to purchase homes that were in the Rental Housing Program or featured an Agency sponsored silent second trust deed mortgage. The Rental Housing Program property manager and/or local realtors (in the case of homes with silent second trust deed mortgages) continually contact staff when Rental Housing Program homes are vacant, or when Agency second trust deed mortgage homes are offered for sale. Mr. Martinez and Ms. Salcido are Vista Dunes residents who expressed interest in purchasing a home. A Rental Housing Program home was available and they subsequently qualified for a first trust deed mortgage loan. The sale transaction would be structured wherein an Agency silent second trust deed mortgage would cover the difference between the sales price, and the down payment and an affordable first trust deed mortgage. If this sale is authorized, the unit will be sold for $165,000 with the buyer funding a 25 % or $42,000 down payment, and a private lender originating a $63,000 first trust deed mortgage (the maximum loan the homebuyer can obtain and have overall housing costs affordable to a very low-income household). The Agency would convert $60,000 of its equity into silent second trust deed loan. This sale would be the 18th Rental Housing Prog m unit to be sold; ten were sold to existing tenants, and eight to non -tenant house ds. Attachment 1 is a Summary Report that further details this transaction. Pursuant to the Redevelopment Law, a joint public hearing of the City Council and Agency Board must be held prior to approving the sale of Agency property purchased with tax increment revenue. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Approve the sale of the single-family home located at 54-300 Avenida Velasco to Ramon Martinez and Maria Salcido for a purchase price of $165,000; or 2. Do not approve the sale of the single-family home located at 54-300 Avenida Velasco to Ramon Martinez and Maria Salcido for a purchase price of $165,000; or 3. Provide staff with an alternative direction. P- n 3 S:\CityMgr\STAFF REPORTS ONLY\PH 2 City house sale Velasco.doc � ) ti 02 Respectfully submitted, Douglas R. ans Community Development Director Approved for submission by: C ' Thomas P. Genovese, City Manager Attachment. 1 . Summary Report r� S:\CityMgr\STAFF REPORTS ONLY\PH 2 City house sale Velasco.doc ATTACHMENT 1 SUMMARY REPORT FOR THE PROPOSED RESIDENTIAL HOME SALE AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND RAMON MARTINEZ AND MARIA SALCIDO May 17, 2005 INTRODUCTION This document is the Summary Report ("Report") for the proposed Sale Agreement ("Agreement") between the La Quinta Redevelopment Agency ("Agency") and Ramon Martinez and Maria Salcido ("Buyers"). The Agreement facilitates the sale of an Agency owned single-family dwelling to the Buyer. This Report has been prepared pursuant to Section 33433 of the California Health and Safety Code (California Community Redevelopment Law) and presents the following: • A summary of the proposed transaction. • The cost of the sale to the Agency. • The estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the Agency's Redevelopment Plan. • The estimated value to be conveyed, determined by the use and with the conditions, covenants, and development costs required by the Agreement. • An explanation of why the sale, pursuant to the Agreement, will assist in the elimination of blight. The Subject Property The home is a vacant 3-bedroom 2-bath single-family dwelling located at 54-300 Avenida Velasco within La Quinta Redevelopment Project Area No. 1 ("Property"). In August, 1995, the Agency acquired 50 single family homes to remove them from bankruptcy proceedings filed by the then owner, Coachella Valley Land. Known as the La Quinta Rental Housing Program, these dwellings were rented to very low income Section 8 households. In February 1998, the Agency directed staff to sell two units per year first to qualified tenants, and second, to other eligible very low income households. Since 1998, the Agency has also been substantially rehabilitating these units in order to count them towards that Agency's affordable housing production requirements. State law requires that an existing dwelling be substantially rehabilitated (wherein the rehabilitation costs are 25 % or greater than current market value) in order to count them as part of the Agency's affordable housing production efforts. Property rehabilitation costs have been funded from rental income. The existing tenant recently vacated the property and per Agency policy, staff initiated the sale of this unit to a very low income household. A SUMMARY OF THE PROPOSED TRANSACTION The Agency is in the process of relocating residents from the Vista Dunes Mobile Home Park. The Buyer, a Vista Dunes resident who was being relocated, expressed interest in purchasing a home in La Quinta and subsequently qualified for a first trust deed loan. The Agreement facilitates the sale of the Property to the Buyer, who will occupy the dwelling. The $165,000 sales price will be funded through a combination of the Buyer's $42,000 down payment, a $63,000 first trust deed mortgage, and $60,000 of the Agency's equity that will be converted into a silent second trust deed loan. This second trust deed loan will include covenants to insure that the Property will remain affordable to very low income - household for 45 years. THE COST OF THE SALE TO THE AGENCY The Agency has invested $127,750 in the Property through a combination of the $86,500 initial purchase cost and $41,250 of expenses related to substantially rehabilitating the dwelling. Since 1998, the Agency has been substantially rehabilitating the Rental Housing Program units in order to count them towards the Agency's affordable housing production requirements. State law requires that existing dwellings be substantially rehabilitated (wherein the rehabilitation costs are 25 % or greater than current market value) in order to count them as part of the Agency's affordable housing production efforts. Property rehabilitation costs were funded from rental income. Per the Agreement the Agency will sell the Property for $165,000; of this amount the Agency will receive $97,000 in sale proceeds and convert $60,000 of its equity into a silent second trust deed mortgage loan of $60,000 in order to insure that the annual costs are affordable to very low income households. The Agency will recover 76% of its investment to date from the sale proceeds. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED AT THE HIGHEST AND BEST USES PERMITTED BY THE AGENCY'S REDEVELOPMENT PLAN The Redevelopment Plan for La Quinta Redevelopment Project No. 1 provides that the Property shall be used for low -density residential development. Current residential property sales for like dwellings in the Cove market area indicate values �,- ^ r 05 laquinta\lqhp\rental housing\54-300 velasco summary report 5-05 2 � �� of $210,000 to $225,000 for three bedroom, two bath single family dwellings in good condition. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED DETERMINED BY THE USE, AND WITH THE CONDITIONS, COVENANTS The Agreement provides that the Property will be sold for $165,000. This value was selected in order to facilitate the sale at a cost affordable to a very low income household. EXPLANATION OF WHY THE SALE OF THE PROPERTY PURSUANT TO THE AGREEMENT WILL ASSIST IN THE ELIMINATION OF BLIGHT The Agreement does not eliminate blight in that it does not facilitate a transaction that remedies blight. Instead the Agreement expands the supply of affordable ownership housing in the Project Area. Prior to the sale, the Agency substantially rehabilitated the Property to extend the Property's economic life, to reduce the maintenance burdens for the family that will occupy this unit, and to improve operating efficiencies by installing low water landscaping and efficient heating, air conditioning and water heating devices. The Agreement includes covenants that require the dwelling to remain affordable to very low income households for a 45 year period. This effort not only preserved housing that was affordable to very low income households but will also insure that this dwelling remains affordable for the longest feasible time. la Uinta\l h \rental housin \54-300 velasco summary report 5-05 3 2) 7