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2005 11 01 CCCity 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 November 1, 2005 - 2:00 P.M. Beginning Resolution No. 2005-083 Ordinance No. 422 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 RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE 1� City Council Agenda 1 November 1, 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 1. CORRESPONDENCE FROM CHRISTI PERSICH-CARRASCO OF COFFEE BREAK CAFE, DATED OCTOBER 11, 2005. 2. CORRESPONDENCE FROM POLO AMERICA REGARDING SPONSORSHIP REQUEST FOR THE RED, WHITE & BLUE POLO AND BALLOON FESTIVAL, DATED OCTOBER 14, 2005. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF OCTOBER 18, 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 NOVEMBER 1, 2005. 2. ACCEPTANCE OF CAPITAL IMPROVEMENT PROJECT 2000-06, LA QUINTA MUNICIPAL LIBRARY. City Council Agenda 2 November 1, 2005 4; 3. APPROVAL OF A REQUEST BY THE COUNTY OF RIVERSIDE PLANNING COMMISSION TO UTILIZE THE COUNCIL CHAMBERS FOR PUBLIC HEARINGS ON JANUARY 25, APRIL 19, JUNE 28, SEPTEMBER 6, AND NOVEMBER 1, 2006, 8:00 A.M. TO 5:00 P.M. 4. APPROVAL OF A REQUEST BY THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD TO UTILIZE THE COUNCIL CHAMBERS FOR PUBLIC HEARINGS ON JANUARY 18, MARCH 23, MAY 17, JUNE 21, SEPTEMBER 20, AND NOVEMBER 15, 2006, 8:00 A.M. TO 2:00 P.M. 5. APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH TELECOMMUNICATIONS MANAGEMENT CORPORATION AND KRAMER.FIRM, INC. FOR CABLE TELEVISION PERFORMANCE REVIEW AUDITS PER THE CITY'S FRANCHISE AGREEMENT WITH TIME WARNER CABLE. 6. APPROVAL TO DISPOSE OF SURPLUS CONSTRUCTION IMPROVEMENT FUNDS FOR ASSESSMENT DISTRICT 2000-1 (PHASE VI IMPROVEMENT BONDS). 7. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31681-2, CORAL MOUNTAIN, CORAL OPTION 1, LLC. 8. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT TO OBTAIN ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE FOR THE AVENUE 54 PAVEMENT REHABILITATION IMPROVEMENTS, PROJECT NO. 2005-11. 9. APPROVAL OF A.CONTACT CHANGE ORDER TO YEAGER-SKANSKA FOR DELAYS ON PROJECT NO. 2001-07, HIGHWAY 111 WIDENING AND SIGNAL MODIFICATION FROM LA QUINTA CENTER DRIVE TO ADAMS STREET. 10. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES FOR AN INTERIM CONSTRUCTION MANAGER AND CONSTRUCTION INSPECTOR. BUSINESS SESSION 1 . CONSIDERATION OF ACTION TO TAKE FROM THE TABLE THE AMENDMENTS TO THE CITY CHARTER AND MUNICIPAL CODE RELATING TO THE COMMUNITY SERVICES AND CULTURAL ARTS COMMISSIONS. A. MINUTE ORDER ACTION City Council Agenda 3 November 1, 2005 2. CONSIDERATION OF AMENDMENTS TO THE CITY CHARTER AND MUNICIPAL CODE, REPEALING CHAPTER 2.75 CULTURAL ARTS COMMISSION; REPEALING CHAPTER 2.95 COMMUNITY SERVICES COMMISSION; AND ADDING CHAPTER 2.85, CREATING THE ARTS, PARKS, AND RECREATION COMMISSION, OR TO TAKE OTHER ACTIONS REGARDING SUCH COMMISSIONS. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B. INTRODUCE ORDINANCE ON FIRST READING 3. CONSIDERATION OF A REQUEST BY THE CHAMBER OF COMMERCE FOR EXPANDED USE OF THE LIBRARY FACILITY. A. MINUTE ORDER ACTION 4. CONSIDERATION OF AMENDING GOLF COURSE RATES FOR THE ARNOLD PALMER CLASSIC COURSE AT SilverRock RESORT AND POLICIES RELATING THERETO. A. MINUTE ORDER ACTION STUDY SESSION 1. DISCUSSION REGARDING PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY JOINT POWERS AGREEMENT. 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 (OSBORNE) 5. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 6. C.V. MOUNTAINS CONSERVANCY (SNIFF) 7. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 8. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 9. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 10. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 11. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) City Council Agenda 4 November 1, 2005 14. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 15. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. LA QUINTA LIBRARY QUARTERLY REPORT C. CONTINUING ACTION REGARDING THE EXPENDITURE OF PUBLIC FUNDS PERTAINING TO AN EMERGENCY CONTRACT FOR THE CONSTRUCTION OF THE SilverRock RESORT MOUNTAIN DRAINAGE IMPROVEMENTS 2. CITY ATTORNEY - NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DEPARTMENT MONTHLY REPORT - NONE 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT - NONE 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT - NONE 7. FINANCE DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT - NONE 9. POLICE DEPARTMENT MONTHLY REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 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 City Council Agenda 5 November 1, 2005 r 5 PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta City Council before a public hearing may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS: 1) CERTIFYING APPROVAL OF ENVIRONMENTAL ASSESSMENT 2005-551; 2) APPROVING GENERAL PLAN AMENDMENT 2005-105; AND 3) APPROVING SPECIFIC PLAN 2001-055, AMENDMENT #2; AND INTRODUCING ORDINANCES FOR DEVELOPMENT AGREEMENT 2003-006, AMENDMENT NO. 2, AND ZONE CHANGE 2005-125 TO CHANGE THE 2 + ACRE RESIDENTIAL SITE AT THE FUTURE SOUTHWEST CORNER OF SEELEY DRIVE AND MILES AVENUE FROM MEDIUM DENSITY RESIDENTIAL TO TOURIST COMMERCIAL FOR 32 CASITAS UNITS, AND CHANGING THE 4.8 + ACRE TOURIST COMMERCIAL ZONED BOUTIQUE HOTEL SITE AT THE SOUTHEAST CORNER OF THE PROJECT AREA TO OFFICE COMMERCIAL TO ALLOW EXPANSION OF THE APPROVED MEDICAL OFFICE COMPLEX SITE. APPLICANT: CP DEVELOPMENT LA QUINTA, LLC. A. RESOLUTION(S) ACTIONS B. TAKE UP ORDINANCE(S) BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. C. INTRODUCE ORDINANCE(S) ON FIRST READING. ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on November 15, 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 November 1, 2005 �'j 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 November 1, 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 October 28, 2005. DATED: October 28, 2005 JUNE S. REEK, CMC, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. 7 City Council Agenda 7 November 1, 2005 COFFEE BREA-K CAFE WRITTEN CORRESPONDENCE ITEM: 78-900 AVE. 47, STE.100 LA QUINTA, CA, 92253 760-564-0226 FACSIMILE TRANSMITTAL SKEET TO: FROM: Don Adloph CHRhS`YT PERSICH coNeANY: 10/11/2005 TAX NUMBER- TOTAL NO. OP P,%GES INCLUDING COVfaR.- 5 PHONL' NUMBER: SENDER'S REFERENCE NUMBER: RE: YOUR REPERENCn NUMBER:. Lurch C w:dng M m A URGENT ❑ FOX REVIEW ❑ YLEASH COMMENT 11 PLEASE REPLY 13 PLEASE RECYCLE NOTES/COMMBNTSi Thank you for any help you coal g im Let the know if you would h1m tO sponsor ox perhaps reserve some tables. If you have any question, please call tue on my cell (760) 219-6927. Thank you, Christi petsich 7S-900 AVE. 47, STY. 100 LA QUINTA, CA. 92253 1A -----Sd___WUU �Iz_s007-__i_i Ohl-XUd _ _ wodA Coffee Break Cafe . 78-900 Ave. 47, Ste.100 La Quinta, Ca. 92253 My husband, Rick Caurrascc>, lost his battle with ALS. When he. was first diapos6d, Rick told me he had always .hoped he could dosome volunteer work and help people in someway. Hejust wasn't sure. what that would be. At that time we b6th decided that together we would help other people that had this disease and in some way give hope and be positive that m our lifeum a there would be a cum We were determined, th4t we could beat this. Without hope, what do you have? It was not meant to be in Rick's lifetime. However, I feel that Rick was meant to reach out in a much bigger way and together he and I are going as planned with our mission. With your help, I would'like, to give. other families. in our own valley hope and a better quality life until we do find a cure. Anything you caa..d¢ woulOe greatly appreciated. Please do not hesitate to call me if you need more information.. Thank you. Sincerely, C"<V�D Christi Persich Carrasco Phone: (760) 564-0226 Fax: (760) 564-0337 r 9 Ed __1 U;T : iS GOOE TT '100 _ _ _-£9Zb0b£OW-:_ _'ON _Xdd _ __ : WOdj 1ST ANNUAL, FICTHTIPO.RLI]PE IN MllI MORY OP RICK CARRASCO gow Si'OPS RstuP OPPOIaUNPI'll S PRESENTING SPONSOR: • Sponsor listed as the Presenting Sponsor on all printed materials and public service announcements. . • Sponsor's name highlighted in all press releases as Presenting Sponsor. • Sponsor's name and / or logo prominently displayed in all advertising. • Sponsor's name and / �or logo prominently recognized in all pre/post event mailings. • Sponsor's name and logo printed on event t-shirts • Sponsor prominently recognized during event with public service announcements and at the Trophy Presentation • Sponsor's banner prominently displayed at event. • Sponsors will have the opportunity to develop promotional tie-ins to the event. • Sponsor may have promotional items, brochures, etc. for distribution at event. • Sponsor will receive two tables of 8 for the event luncheon. • Sponsors will receive VIP parking passes • Sponsor will receive a full page ad in the event program. PRESENTING, SPONSOR: $5.000 PLATINUM SPONSOR • Sponsor's name and / or logo on all printed material. • Sponsor's name listed in all press releases. • Sponsor's name and / or logo listed in all advertising_ • Sponsor's name and logo printed on event t-shirts. • Sponsor name listed in all pre / post event mailings. • Sponsor recognized at the Trophy Presentation. • Sponsor's banner displayed at event. • Sponsor will have the opportunity to develop promotional tie-ins to the event • Sponsor may have promotional items, brochures, etc. for distribution at event. • Sponsor will receive one table of 8 for the event luncheon. • Sponsor will receive VIP parking passes. • Sponsor will receive a Ys page ad in the event program. PLATINUM Sll'1/N"X; $2400 GOLD SPONSOR • Sponsor's name and / or logo or'on all printed materials • Sponsor's name listed in all press releases. • . Sponsor's name and / or logo listed in all advertising. • Sponsor's name and logo printed on event t-shirts • Sponsor name listed in all pre/post event mailings. • Sponsor recognized at the Trophy Presentation • Sponsor will receive 2 seats for the event luncheon. • Sponsor will receive a VIP Parking pass. • Sponsor will receive a 1/ page ad in the event program. GOLD SPONSOBz $1,000 10 --__ Ed _WHIT :TT 53,00z TT '100 _ _-£9L7017£092-'ON XHd _ : wo�]A IST ANNUAL, R. ALS. I IN MEMORY OF RICK CARRASCO JOIN t1S. FOR A POLO MATCM Sunday, November 13, 2005 El Dorado Polo Club 50-9050 Madison, Indio, Ca. Event Schedule: 11:30 Gates open $ silent auction 12:30 Club House Lunch 1:30 Polo Match 2:30 Trophy Presentation For info call#: Christi Persich-Carrasco message phone-760-,�47-1326 Or call Coffee Break Cafe — 760-564-0226 What is A1S? ALs it m otro hic Lateral sclerosis) better known as Lou Gehn disease, is a progressive, fatal, neurom ase a c nerve ce and pathways t o the brain and spinal cord. It affects all voluntary muscle action leaving individuals in the latter stages totally paralyzed with the inability to speak, swallow or breathe as the disease progresses. Despite encouraging ongoing research, there is still no known cure for this devastating disease. Please help us help others Price: $45 admission per car /Contest for best overall tailgating & most original Or: $75 admission: per person for Club House Lunch $600 fore table of 8 Club House Lunch $500 pre -paid table of 8 Club House Lunch (Ask us about other sponsorship opportunities) ALL PROCEEDS GO TO THE MS ASSOCICATION SAN DIEGO CHAPTER FOR PATIENT SEIMCES NEEDED IN OUR VALLEY A FOR NATIONAL RESEARCH For info contact: Christi.Persich-Carrasco at: Coffee Break Caf6: 78-900 Ave. 47, Ste.100, La Quinta, Ca. 92253: (760)564-0226 1 Message Phone: (760) 347-1326 -bd--WdzT : i - -900z a -'-°o --29LVOb2-09L : 'ON xd - - w0dd 1ST ANN UAL AL$ FIGH IFORLIVE IN MEMORY OF RICKCARRASCO SPONSO III' CQN IPIMTION f0fm 2005 We are proud to join the efforts of the 1 sr ANNUAL ALS FIGHT FOR LIFE_ We authorize the ALS Association ioa conjunction with the ALS FIGHT FOR LIFE committee to include our corporate name and logo on all ALS FIGHT FOR LIFE materials consistent with our sponsorship levels as mairked: . PRESENMCY SPONSOR a $5,000 PLATINUM SPONSOR ❑ $2,500 GOLD SPONSOR ❑ $1,000 TABLE SPONSOR (SEATING FOR 8) a $500 - at the ;-paid door Company Name: ContactName: Address: City: State: Zip Code: - Phone # Fax # E-Mail• Check a line below: Our Check is enclosed I wisb to donate by credit card We cannot sponsor at this time. Enclosed is a donation to help the cause. I wish to donate a spent anetion gift. Item to donate and value-,- pjoMhX or Wail lettgLof intent -IT, Christi Persich-Can-dsco. c/o Coffee Break Cafi Office Fax: 760-564-0337 78-900 Ave. 47, Ste. 100. Mssg. Phone: 760-347-1326 La Quanta, Ca. 92253 Please call 760-347-1326 for deadlines. -we thank everyone for supporting our cause. Sd WUZT:TT SOW TT '100 £9ZP0b£092-: 'ON XHJ WOdd 0 0 AMERICA October 14, 2005 Dear Mayor Adolph WRITTEN CORRESPONDENCE ITEM: c — The City of La Quinta is cordially invited to become one of our fifty seven hot air balloon sponsors at the Red, White & Blue Polo and Balloon Festival. We are combining two of the great tourist attractions of the Valley, polo and hot air balloons. On January 6, 7 & 8, 2006 the Eldorado Polo Club will be the host site for fifty race balloons, seven special shape balloons and eighteen polo games. The entire weekend is a fundraiser for the families of our troops at 29 Palms Marine Corp Base serving overseas. The Desert Sun said Season normally begins with the Bob Hope Classic. From now on season begins with the Red, White & Blue Polo and Balloon Festival. We hope to have all eight cities participate as balloon sponsors. The following is information on the Balloon and Polo Festival Should you have any questions please call me. I hope you'll be able to join us. Best regards, �/P/�Or� Randy Russell 78-365 Highway 111, #106, La Quinta, CA 92253 • (760) 777-8081 • E-MAIL: randy@poloamerica.com 13 1 s R4 7 M.),) nn M M a, 131 Eldorado Polo Club, Indio, CA January 6-8, 2006 Benefit for the families of our Service Men & Women in Iraq and Afghanistan This star-studded weekend will feature celebrities on the polo field and above. Expected attendance is 30,000. Festivities will begin on Friday January 6 at Fantasy Springs Resort Casino. Fifty-seven Hot Air Balloons will take of with Balloon Sponsors to start the Ford Trucks Red, White & Blue Polo & Balloon Festival. On Saturday morning January 7t' the Balloons will take off at 6:00 AM from the Eldorado Polo Club. Followed by a Pancake Breakfast and Polo Match. Polo matches at 10:00 AM and 12:00 PM and 3:30 PM to be capped off with a Balloon Glow and a Battle of the Chefs dinner for sponsors in the clubhouse. Food and Vendor Village open from 6:00 AM to 7:00 PM On Sunday, January 8' the Balloons will take off from the Eldorado Polo Club at 6:00 AM. Followed by a Continental Breakfast and Polo Match. Polo matches at 10:00 AM,12:00 PM and 2:00 PM. The finale will be a second Balloon Glow Sunday evening. Food and Vendor Village open from 6:00 AM to 4:00 PM Admission is free to all events with a donation to our Service Men and Women's families serving in Afghanistan and Iraq. 14 BALLOON SPONSOR 1) A full page four color ad or a letter from the Mayor will be included in the winter issue of Polo America. Polo America will be distributed at the Red, White & Blue Polo & Balloon Festival, Hat Day, Barbara Sinatra Skins Polo Game in addition to each Sunday at the Eldorado Polo Club. 2) Sponsor of one of the Hot Air Balloons. A banner will be created with your City name or logo and hung on your balloon for the three days. 3) Opportunity for the Mayor to ride in your sponsored balloon on Friday, January 61h. The Mayors from each City will go up one after the other and be introduced to the crowd as they take off. 4) Your City name will appear in the Red, White & Blue Polo & Balloon Festival section of Polo America magazine. 5) Your City name or logo will appear on the 1000 posters and14000 invitations. 6) The announcer throughout the weekend will make announcements of your sponsorship. 7) A 10' x 10' exhibit space for Saturday & Sunday at the Eldorado Polo Club. 8)_ Two VIP tickets to each Polo Match. Includes two breakfasts and Saturday night dinner. 9) The following media package has been secured to promote the Festival. a. Two full page full color ads in Desert Sun Weekend b. Two 3 column by 12" ads in Desert Sun full run c. Five Desert Sun ear ads in full color 2" x 2 1/2" d. Full page full color ad in Desert Post Weekly e. Full page full color ad in Desert Sun Viva f. Half page full color ad in December issue of Desert Magazine g. Fifty 30 second television commercials on Time Warner Cable h. 110,000 four color inserts in the Time Warner Cable billing statements i. One hundred twenty (60) second commercials on KJJZ j. One hundred twenty (60) second commercials on KPLM k. Two full page four color ads in Polo America 1. 1000 posters m. 14000 invitations n. Polo America website pages Total cost of this package is $3800 To participate call Randy Russell at Polo America, (760) 777-8081 y 0 Balloon Sponsors as of September 16, 2005 Fantasy Springs Resort Casino Mondi The Gardens Heimark Distributing Time Warner KPLM KJJZ Desert Sun Windemere Wells Fargo Private Client Services UBS Wealth Management City of Indio The River Coca Cola The Lodge Pacific Mortgage Partners ReMax Baccarat Mirada The Quarry Mercedes-Benz Palm Springs Motors Union Bank of California Larsen Golf Carts Leeds and Son Avis Griffen Ranches Le Paon Embassy Suites La Quinta Sabina Bach Emrick Jewelers Becker and Becker Maison Felice Big Fish Amerigas Trendwest Resorts Estate Jewelry Collection The Medical and Skin Spa Wal Mart Applebees California Patio Sothebys Realty Curves Bobby J's And 12 corporate balloons dye i•!S��a"`M� � �` � ,' �. �� P� ��')# � � � .._ ��'"�" ,�-� �� ',-r� •`-._ s r. • til ;' (.. � � � , • i Ho V it , t � `�'4' • � . -� � ter„, """ � Ir t "rj Ae r. r .S; S` r ' D i Y t T s - . - + I 1 y _ v— ov !� r .• ' •° 'i1 zk ' ' ' � /s e. . { � �• -. t .� • tip... <� R,.'•:. OF Ir i t f . E� `fir•. a - - '_ - f. -. 1 t . eR cu, c Tit,,l�GI�IGV V c� of9w`' AGENDA CATEGORY: BUSINESS SESSION COUNCIL/RDA MEETING DATE: NOVEMBER 1, 2005 CONSENT CALENDAR ITEM TITLE: STUDY SESSION Demand Register Dated November 1, 2005 PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated November 1, 2005 BACKGROUND: Prepaid Warrants: 65765 - 65782) 54,090.10 65783 - 65803 } 166,111.75 Voids} (500.00) Wire Transfers} 22,315.76 P/R 32983 - 32998} 142,731.85 P/R Tax Transfers} 37,455.56 Payable Warrants: 65804 - 659361 1,235,068.66 $1,657,273.68 FISCAL IMPLICATIONS: Demand of Cash -City $1,652,660.81 Demand of Cash -RDA $4,612.87 M. Falconer, Finance Director 19 CITY OF LA QUINTA BANK TRANSACTIONS 10/13/05 - 10/27/05 10/19/05 WIRE TRANSFER - PERS 10/19/05 WIRE TRANSFER - ICMA $14,448.03 7 867.73 TOTAL WIRE TRANSFERS OUT $22,315.76 1 r I Ico O M 1 1 N -t Ol O 00 O O O N \ I Y J I �0 O. 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CJ 1 > 1 0>:2 Oc- Or O0--a O- O-- OM aNr--f-l- 0- TWY/ 4 lPQut«rw COUNCIURDA MEETING DATE: November 1, 2005 ITEM TITLE: Acceptance of Capital Improvement Project No. 2000-06, La Quinta Municipal Library AGENDA CATEGORY: BUSINESS SESSION: r�yy CONSENT CALENDAR: CT�� STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Accept Capital Improvement Project No. 2000-06, La Quinta Municipal Library; and Authorize the City Clerk to file a Notice of Completion with the office of the County Recorder; and Authorize the release of retention funds held by the City 35 days after the Notice of Completion is recorded. FISCAL IMPLICATIONS: Throughout the course of the project, retention was withheld from each progress payment. To date the Agency has withheld $328,000. CHARTER CITY IMPLICATIONS: None. The project was bid utilizing prevailing wage requirements. Therefore, there are no Charter City implications. BACKGROUND AND OVERVIEW: On July 20, 2004, the City awarded a contract to Taylor Frager Inc. in the amount of $5,794,018 for construction of City's municipal library. City staff has determined that the project is complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, the City must formally accept the project and authorize the City Clerk to file the Notice of Completion. �5 FINDINGS AND ALTERNATIVES: The alternatives available to the Council include: 1. Accept Capital Improvement Project #2000-06, La Quinta Municipal Library; and Authorize the City Clerk to file a Notice of Completion with the office of the County Recorder; and Authorize the release of retention funds held by the City, 35 days after the Notice of Completion is recorded; or 2. Do not accept the project as complete; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Director of Building and Safety Approved for submission by: rZY-1 _e'm O Thomas P. Genovese, City Manager PA Tiht 4 4 Q" COUNCIL/RDA MEETING DATE: November 1, 2005 ITEM TITLE• Approval of a Request by the County of Riverside Planning Commission to Utilize the Council Chambers for Public Hearings on January 25, April 19, June 28, September 6, and November 1, 2006, 8:00 a.m. to 5:00 p.m. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 3 Approve a request from the County of Riverside Planning Commission to utilize the Council Chambers on January 25, April 19, June 28, September 6, and November 1, 2006, 8:00 a.m. to 5:00 p.m. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The County of Riverside Planning Commission has requested that the Council Chambers be made available for Public Hearings on the following days in 2006: January 25, April 19, June 28, September 6, and November 1. The request meets all the requirements of facility use as contained in the City's Guidelines. A complete application has been submitted (Attachment 1) for the City Council's consideration. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a request from the County of Riverside Planning Commission to utilize the Council Chambers on January 25, April 19, June 28, September 6, and November 1, 2006, 8:00 a.m. to 5:00 p.m.; or 2. Do not approve the request from the County of Riverside Planning Commission to utilize the Council Chambers; or 3. Provide staff with alternative direction. Respectfully submitted, l Tom Hartung, Director f Building & Safety Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Application cAagenda.doc 58 2 ATTACHMENT 1 ' J Or anization- ' psi n Pkxome : �.Ss -3 a 6.5 Pe son (s) in.' Charge : Ad Tess ,Facility Requested; T)q of Event- Public x Private_ De cri,ption i Activity: �-�iV�J J Date (a) of Use: // i 7dg �j � `b Size of Group - Time of Use: Start /P.m-} :��"Finish (a.m./ )�� • Total Hours oz Use x $32.00 /hour ....-Certificate. of Additional insured Attached: -or, N/A Ci y xnxurance Requestedi Pee Paid: — Re undable Cleaning Deposit Paid: S Session Room = $200 Co"cil Chambers (up to 53 people) $300 Coxmcil Chaubers (54 people plus) $500 Total. Paid: xh a undersigned hereby agrees to by the rules a,a regulations of the City of LA Quinta re at g to t us ub c facilities. Da e�s105 Signature Title. Deposit Required For; i N/A Deposit Returned: Date: Tw- v+c�a^ •tanlne CA• •vviai.t7..^ .b4 th. •tnt+�•*t •c Lnr-r tx— M.•c b. «^ elf [Aa-� •! aTw ^r :rl.np orproiut\on. Ir Lb. V.c.on LA net •o otrlo•�c or Cb. ae9walmativo Z. w •bl cp .p►}Letitl•� !. rd^ ^•/•p• w. r.st •cat0'&o .mtborir.tloo from tb. promo t. -440- 59 3 T4'yl 44Q" COUNCIL/RDA MEETING DATE: November 1, 2005 Approval of a Request by the California Regional Water Quality Control Board to Utilize the Council Chambers for Public Hearings on January 18, March 23, May 17, June 21, September 20, and November 15, 2006, 8:00 a.m. to 2:00 p.m. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a request from the California Regional Water Quality Control Board to utilize the Council Chambers on January 18, March 23, May 17, June 21, September 20, and November 15, 2006, 8:00 a.m. to 2:00 p.m. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The California Regional Water Quality Control Board has requested that the Council Chambers be made available for Regional Board meetings on the following days in 2006: January 18, March 23, May 17, June 21, September 20, and November 15. The request meets all the requirements of facility use as contained in the City's Guidelines. A complete application has been submitted (Attachment 1) for the City Council's consideration. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a request from the California Regional Water Quality Control Board to utilize the Council Chambers on January 18, March 23, May 17, June 21, September 20, and November 15, 2006, 8:00 a.m. to 2:00 p.m.; or r' 60 2. Do not approve the request from the California Regional Water Quality Control Board to utilize the Council Chambers; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Director f Building & Safety Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Application 2 ATTACHMENT 1 � / '/"'� 'TIC • • M 1 � yof T►►� Orgaaisation:_ (;A -Regional Water Quality Control Board j?lrson(s) in. Charge: Robert Perdue phone: (760) 776-8938 �ddress: 73-720 Fred Waring Dr. Ste. 100 Palm Desert, CA 92260 •Facility Requu.t;eat City Council Chambers type of Event: Public X Private Veseription of Activity; Regional Board Meetings w fates) of Use: See Agenda Report Size of Group: 80 time of Use: Start (a.m./D•sL-) _:00 a.m:piniatt (a.a./p.a.)2:00 p.m. *otal Hours of Use � x $32.00 hour • S N /A Qertificate of Additional Insured Attachedt -or- N/A 41ty luxurance Requested: Poe Paid: refundable Cleaning Deposit paid: N/A session Roan = $200 Cb=Cil Chaubers (up to 53 people) - $300 it Cltaabarm (54 people plus) c $SOO 7atal Paid: . S N/A undersigned hereby agrees to abide by the rules and regulations o1E tha City of La Quint& relati lic facilities. (7 Dkte : signature: Title: Assistant Executive Officer Dr_posit Raquirei port ;N/A D*posit Retwmed: Date: N/A A - NIA Ste ►weed eifaiy %be apllaaciaa abd the eeeea-eat et "do"4ti•a r-ae be u •Letter of ike erm"ori" o!!eal.aatlaa. it like Forges to set as etficer of the orr.c .aatiea for -dick applaeatlea is ta4e. to/." 801% present writtea wcierla.saea trod tag group w etpa. 64, 3 c&ty/ 4 e(P Q9&& AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: November 1, 2005 BUSINESS SESSION: r ITEM TITLE: Approval of Professional Services CONSENT CALENDAR: -7 Agreements with Telecommunications Management Corporation and Kramer.Firm, Inc. for Cable STUDY SESSION: Television Performance Review Audits per the City's PUBLIC HEARING: Franchise Agreement with Time Warner Cable RECOMMENDATION: Approve professional services agreements with Telecommunications Management Corporation and Kramer.Firm, Inc. for cable television performance review audits per the City's Franchise Agreement with Time Warner Cable. FISCAL IMPLICATIONS: The City of La Quinta Fiscal Year 2005-06 Budget contains funds for Cable Audits in the amount of $25,000 (Account #101-1002-413.31-01). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On October 17, 1995, the City entered into a 15-year Franchise Agreement with Continental Cablevision to provide multi -channel cable television services within the City of La Quinta. On August 15, 2000, the City approved the transfer of the Franchise Agreement to AOL Time Warner, Inc. (dba Time Warner Cable). Section 20 of said agreement (Attachment 1) provides for a "Performance Review and Examination" on or about the tenth anniversary of the Franchise Agreement to ensure compliance with the Franchise Agreement. A variety of review topics are listed in the Franchise Agreement; however, the City Attorney's office recommends a Franchise Fee Audit, and an inspection of the physical condition of Time Warner's cable system within the City ("Physical Plant Inspection"). Bids for the cable audits were solicited by the City's special counsel on cable, Bill Marticorena of Rutan & Tucker; Mr. Marticorena specializes in cable television issues, and is familiar with competent consultants in the field. Telecommunications Management Corp. submitted a proposal in the amount of 63 $12,800 to perform a Franchise Fee audit. This audit will review franchise fees remitted to the City by Time Warner Cable from 2002 through the first two quarters of 2005 to ensure Time Warner Cable has properly accounted for franchise fees. A Professional Services Agreement, which includes the proposal, is included as Attachment 2. Kramer.Firm, Inc. submitted a proposal in the amount of $12,200 to perform a Physical Plant Inspection Audit. This audit assesses the physical condition of Time Warner's cable system within the City to ensure construction techniques and existing facilities are in compliance with applicable code requirements. A Professional Services Agreement, which includes the proposal, is included as Attachment 3. Per the Franchise Agreement, once the audits have been completed, staff will prepare a report for Time Warner Cable outlining audit findings. Time Warner Cable will then submit a plan and schedule to cure Franchise Agreement violations and to implement requested improvements. There are provisions in the Franchise Agreement to ensure that improvements would not impose an unreasonable financial hardship on the cable company, or prevent the cable company from earning a reasonable return on their cable system. Time Warner Cable representatives have been contacted regarding the audits. It is anticipated that the audits will be completed within two to three months. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve professional services agreements with Telecommunications Management Corporation and Kramer.Firm, Inc. for cable television performance review audits per the City's Franchise Agreement with Time Warner Cable; or 2. Do not approve professional services agreements with Telecommunications Management Corporation and Kramer.Firm, Inc. for cable television performance review audits per the City's Franchise Agreement with Time Warner; or 3. Provide staff with alternative direction. 2 64 Approved for submission by: Z4400, -j',�� Thomas P. Genovese, City Manager Attachments: 1. Section 20 of the Franchise Agreement to Provide Multichannel Services 2. Professional Services Agreement with Telecommunications Management Corp. 3. Professional Services Agreement with Kramer.Firm, Inc. 65 ATTACHMENT 1 17. Provision of Service. Unless the subscriber requests otherwise, the maximum time for an offering to provide a standard installation of initial service after receipt of a subscriber order shall be five (5) business days if cable already passes the house, and thirty (30) days if new cable plant must be constructed. Service additions or deletions shall be made within twenty-four (24) hours of a subscriber request, unless additional terminal equipment is required in which case Franchised MCS Provider shall make such service change within five (5) business days. 18. Technical Standards, Maintenance and Testing. A. Franchised MCS Provider's technical and maintenance standards shall be governed by such technical and maintenance standards as may be established by the FCC for cable systems and Franchised MCS Provider shall follow and complete all appropriate tests required by FCC Rules, Part 76.601, Subpart K. Franchised MCS Provider agrees to a minimum of two (2) test points within the Service Area. So long as Franchised MCS Provider conducts the tests required by FCC rules, Part 76.601, Subpart K, the provisions of Ordinance Chapter 5.16.100(d) shall not apply and shall not be enforced. 19. Franchise Term. A. Upon issuance of the Certificate of Closing by the City Attorney as described in paragraph (B) of this Section 19, this Franchise Agreement will become effective (the "Effective Date"). At the Effective Date, this Franchise Agreement will be a binding agreement, with all rights and privileges vested in the Franchised MCS Provider as described herein. This Franchise Agreement will terminate on the fifteenth (15th) anniversary date of the Effective Date and no obligations or rights hereunder shall be of effect after such date of termination. B. A Certificate of Closing shall be issued by the City Attorney attesting that the following documents have been provided to the City, or acts completed by Franchised MCS Provider, in a form acceptable to the City Attorney upon receipt of the following: (1) Franchised MCS Provider's written acceptance in a form reasonably satisfactory to the City Attorney; and (2) All bonds, insurance certificates and security deposits required by the Ordinance and this Franchise Agreement; (3) Certificates of Authenticity, Authority, and otherwise as reasonably specified by the City Attorney. 20. Performance Review and Examination. A. On or about the tenth anniversary date of the Effective Date of the Franchise Agreement, the Franchising Authority and the Franchised MCS Provider may, 6G 4 at the request of either party, hold a system performance evaluation, periodic review and examination session (the "Performance Review and Examination"). The purpose of the Performance Review and Examination shall be to study technological, economic and regulatory change in cable communications; to assess cable system performance; to assess compliance with this Franchise Agreement and the Ordinance; to facilitate renewal procedures; to promote the maximum degree of flexibility in the cable system; and to maintain an advanced, modern, economically viable cable system. B. Topics for discussion and review at the Performance Review and Examination may include, but are not limited to, new, developments in • technology; condition and operation of equipment and facilities; services provided to subscribers; video programming; subscriber complaints; user complaints; possible amendments to the Franchise Agreement; and developments in the law and regulation. Either the Franchising Authority or the Franchised MCS Provider may select additional topics for discussion at any Performance Review and Examination. C. The Franchising Authority and the Franchised MCS Provider shall discuss new developments and technology and the desirability and feasibility of incorporating such new technological developments into the cable system. Technical factors, market conditions and economical viability shall be considered. D. At the conclusion of such Performance Review and Examination, the Franchising Authority shall issue a report summarizing the discussions and setting forth its factual findings and specifying, in detail, any Franchise Agreement and/or system modifications and/or amendments and/or implementation plan which are detemuned appropriate by Franchising Authority. The Franchised MCS Provider shall submit to the Franchising Authority a plan and schedule for (i) the curing of any violations of this Franchise Agreement or the Ordinance and (ii) the implementation of any improvements. After mutual agreement to such plan and schedule by the Franchising Authority and the Franchised MCS Provider, this Franchise Agreement shall be amended to incorporate the plan and schedule for improvements. Franchised MCS Provider shall agree to the implementation of the improvements requested by the Franchising Authority so long as the following conditions are met: (1) Said change(s) has been identified as a significant need in the Performance Review and Examination; (2) The need(s) cannot be met' at least as well by an alternative business or commercial entity at a reasonable price; (3) The present system cannot meet the specified need either as presently operating or with some alternative modification consistent with the 67 5 Franchise Agreement which imposes a significantly lesser economic burden on the Franchised MCS Provider; (4) The change will meet the community need as defined in the Performance Review and Examination and there is market demand for the new services that would be implemented with the change; (5) Said change is technically feasible, will not impose an unreasonable financial hardship -on Franchised MCS Provider or otherwise prevent the. Franchised MCS Provider from earning a reasonable return on its investment in the La Quinta cable system at reasonable and competitive prices in the time remaining in the term of the Franchise Agreement. 21. Inspection of Records. The City shall have the right, upon 72 hours prior written notice, to inspect and copy, during normal business hours, all books, receipts, maps, plans, financial statements, contracts, service complaint logs, performance test results, records of requests for service, computer records, codes, programs, disks and other storage media, and other like materials which may be relevant to the Franchised MCS Provider's compliance with the requirements and obligations imposed upon it by this Franchise Agreement or the Ordinance. The right of the City under this section to inspect extends to the materials identified above that are in the possession or under the control of the Franchised MCS Provider, and of any other person responsible for managing and administering the Cable System. Upon a request for confidentiality by the Franchised MCS Provider, information obtained by the City pursuant to this section shall be made available only to persons needing access to the materials in order to perform their responsibilities on behalf of or for the City and, as to all other persons, shall, to the extent permitted by law, be treated as confidential. Nothing in this section shall be read to require a Franchised MCS Provider to violate the Cable Act, 47 U.S.C. § 551. 22. Construction Responsibility. Franchised MCS Provider agrees to be responsible for the acts and omissions of its contractors and subcontractors and only authorized employees of Franchised MCS Provider shall apply for and be issued all necessary pern its and building authorizations. The Franchised MCS Provider shall designate to Franchising Authority specific, named employee to be contacted regarding all cable construction issues. 23. Compliance with Construction Standards. Franchised MCS Provider shall not construct any portion of its Cable Television System in streets and public ways without obtaining all necessary building permits and shallonly construct said system in accordance with City standards for methods of construction in public way. 24. Construction. This Franchise Agreement shall be construed according to the internal laws of the State of California. 25. Local Office. Franchised MCS Provider shall maintain an office within fifteen (15) miles of the city limits of La Quinta, California. 68 6 ATTACHMENT 2 PROFESSIONAL SERVICES AGREEMENT This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement"), is made and entered into by and among the CITY OF LA QUINTA (the "City"), and Telecommunications Management Corp. (The "Contractor"). The parties hereto agree as follows: SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of the Agreement, the Contractor shall provide those services related to Franchise Review of Time Warner Cable -Franchise Fee Audit, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor 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. Services will be provided to the City. 1.2 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal or bid, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the Municipality, the City, and any and all Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees, and Assessments. Contractor 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. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which maybe imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, Contractor 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 the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers 7 69 and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to person, 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 Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, the Contractor shall perform services in addition to those specified in the Scope of Services, (Exhibit "A") when directed in writing to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to the Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit `B" and incorporated herein by this reference. The Contractor shall be compensated in an amount not exceeding Twelve Thousand Eight Hundred Dollars ($12,800) (the "Contract Sum"). The method of compensation set forth in the Schedule of Compensation will include payment for time and materials based upon the Contractor's rates as specified in Exhibit `B", or such other methods as may be specified in the Schedule of Compensation (Exhibit `B"). Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expenses, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation (Exhibit `B"). 2.2 Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to the City no later than the tenth (10`h) working day of such month, in the form approved by the Contract Officer, 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, (2) specify each staff member who has provided services and the number of hours assigned to each such staff member, and (3) indicate the total expenditures to date. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. The City will pay Contractor for all expenses stated thereon which are approved by the City pursuant to this Agreement no later that 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 performance of this Agreement. 70 3.3. Force Majeure. All time periods specified for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargos, acts of any governmental agency other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and the extent of delay and extend the time for performing their services for the period of the forced delay when and if in his judgment such delay is justified, and the Contracting 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 and 7.8 of this Agreement, this Agreement shall continue in full force and effect for one (1) years, from the date of the execution of this Agreement. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Carl Pilnick 2. 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 the Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor 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 the City Manager or such other person as may be designated by the City Manager. The Contract Officer has been authorized to act on behalf of the City for the purposes of this Agreement. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor 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 Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be 9 71 assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor with only such obligations as are consistent with that role. Contractor 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. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. 5.0 INSURANCE INDEMNIFICATION AND BONDS. 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of the Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor'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 Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insured shall be delivered to and approved by the 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 Coverage (personal injury/property damage) Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000-$300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence The Contractor shall provide the City with proof of personal automobile insurance for its principals assigned to this project. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. The Contractor shall procure professional errors and omissions liability insurance in the amount acceptable to the City. All insurance required by the Section shall be kept in effect during the term of this 10 72 Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its officers, employees, contractors, subcontractors or agents. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, ("City indemnitees"), from and against any and all 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 the City) ("Claims") and for errors and omissions committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable attorney's fees, incurred in defense of such Claims. In addition contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the City indemnitees. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City, at its sole option: 1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. 2. Order the Contractor to stop work under this Agreement and/or withhold any payments(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 3. Terminate the Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for Contractor'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 Contractor may be held responsible for payments of damages to person or property resulting from Contractor's or its subcontractors performance of work under this Agreement. 11 73 6.0 RECORDS AND REPORTS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor 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 principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents, and other materials, whether in hard copy or electronic form, which are prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon the termination of this Agreement or upon the earlier request of the Contract Officer, and Contractor shall have not 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. Contractor may retain copies of such documents for its own use. Contractor shall ensure all subcontractors to assign City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor 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. Contractor shall not disclose to any other private entity or person any information regarding the activities of the City or City, except as required by law or as authorized by the 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 Contractor 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 obligation hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes 12 74 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, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of the 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 Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by the Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting 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 Contractor 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 Contractor. 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. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor 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 (Exhibit `B") or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligation under this Agreement, City may, after compliance with the 13 provision of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owned the 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 connections 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 the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City of for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of the Agreement. 8.2 Conflict of Interest. No officer or employee of the 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 effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor 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, disability or ancestry in the performance of the Agreement. Contractor 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, physical disability, mental disability, medical condition, age or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other parties 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 9.1. To City: 14 76 CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 Attention: Thomas P. Genovese City Manager To Contractor: 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, 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 all parties. 9.4 Severability. In the event that any or more of the phrases, sentences, clauses, paragraphs, or sections contained in the Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceable shall not effect 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. 15 77 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Dated: By: Name: Title: CITY OF LA QUINTA By: CITY MANAGER "CONTRACTOR" 16 78 EXHIBITS A AND B SCOPE OF SERVICES SCHEDULE OF COMPENSATION 17 79 TMC TELECOMMUNICATIONS MANAGEMENT CORP. 5757 Wilshire Blvd. • Suite 635 • Los Angeles, CA 90036 • (323) 931-2600 • Fax (323) 931-7355 August 3, 2005 Mr. William M. Marticorena Rutan & Tucker 611 Anton Blvd., Suite 1400 Costa Mesa, CA 92626-1998 Dear Mr. Marticorena: In response to your request, Telecommunications Management Corp. (TMC) is pleased to submit to perform an audit of the cable system franchise fees computed and paid to the City of La Quinta (the City) by the City's cable system operator, Time Warner Cable (Time Warner). The scope of the audit shall include the following: A review of the revenue records of the cable operator for. the three calendar years 2002, 2003 and 2004 and the first two quarters of 2005, including the sources of all revenue components. This will include revenue, such as commissions paid by the home shopping channels, which may be paid to the corporate offices or to an affiliate rather than directly to the local cable system. A review of the method utilized by -the operator to compute franchise fees due to the City, including all revenue elements included in the computation. A detailed analysis will be made of any revenues excluded from the computation, and whether these exclusions are in compliance with franchise requirements and cable industry practices. A comparison of the computed franchise fees due with actual payments made to the City, to verify that all fees have been paid. Mr. William M. Marticorena Rutan & Tucker August 3, 2005 Page 2 In the event of any discrepancies, an estimate of the underpayments will be made. The end -result of the review and audit shall be a written report detailing all findings, along with estimates of incorrect payments, to the extent any are found, and recommendations for future financial reports and procedures. Three (3) bound copies and one (1) unbound (reproducible copy) are included in the cost quoted below. The audit report shall be submitted to the City within forty-five (45) days of receipt of all information requested from Time Warner. The cost shall be $12,800 on a firm, fixed -price basis. The cost includes one (1) meeting with City staff and officials to review the audit findings. Invoices shall be submitted in accordance with the following schedule: • 50% thirty (30) days after authorization to proceed; and • 50% upon submission of audit report. For services beyond the stated scope of work, the City will be invoiced monthly on an hourly basis at the following TMC rates: Mr. Pilnick $220 per hour Mr. Friedman $185 per hour. Figure 1 provides a summary list of the franchise fee audits TMC has performed. Thank you for the opportunity to offer our services, and we look forward to your response. Sincerely, Carl Pilnick President Enclosure 81 19 FIGURE 1 TMC FRANCHISE FEE AUDITS PERFORMED COMMUNITY CABLE OPERATOR DATE AUDIT COMPLETED San Bernardino, CA Comcast & Chambers 1991 Watsonville, CA Sonic 1991 Rancho Cucamonga, CA DCA Cablevision & Simmons Cable 1992 Adams County, CO TCI 1992 Arvada, CO TCI 1992 Castle Rock, CO TCI 1992 Cherry Hills Village, CO TCI 1992 Commerce, CO TCI 1992 Golden, CO TCI 1992 Palm Desert, CA Colony 1993 Half Moon Bay & Coastside Cable 1994 San Mateo County, CA Martin County, FL Adelphia 1994 El Segundo, Gardena, Hawthorne, Lawndale Time Warner 1994 & Torrance, CA Long Beach, CA CVI 1995 El Monte & Liberty Cable 1995 South Gate, CA Rancho Cucamonga, CA Marks Cablevision 1998 Calabasas, CA CalaVision, Falcon and TCI 1999 Burbank, Glendale and Marcus 1999 La Canada Flintridge, CA San Mateo County Telecommunications TCI 1999 Authority, CA Marin Telecommunications Agency, CA TCI 1999 Dublin, Livermore, Pleasanton and San TCI 1999 Ramon, CA Campbell, CA TCI 1999 La Puente, CA TCI 1999 Simi Valley, CA Comcast 1999 Whittier, CA Marcus/Charter 2000 Westlake Village, CA AT&T/Adelphia 2000 Pacifica, CA TCl/AT&T 2000 Beverly Hills, CA Adelphia 2000 Lawndale, CA Time Warner 2000 San Bernardino Co., CA 13 franchises - 7 operators 2000-2001 Santa Clarita, CA AT&T & Time Warner 2001 Santa Barbara, CA Cox 2001 Artesia, CA AT&T 2002 Tustin, CA AT&T 2002 Cerritos, CA Verizon 2002 La Palma, CA AT&T 2002 Marin Telecommunications Agency, CA AT&T 2002 Gainesville & Alachua Co., FL Cox 2003 Burbank & Glendale, CA Charter 2003 Thousand Oaks, CA Adelphia 2003 Simi Valley, CA Adelphia 2003 Beverly Hills, CA Adelphia 2003 El Monte, CA Adelphia 2003 Seal Beach, CA Adelphia 2004 Canyon Lake, CA Comcast 2004 West Covina, CA Charter 2004 Hesperia, CA Charter 2004 411 ATTACHMENT 3 PROFESSIONAL SERVICES AGREEMENT This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement"), is made and entered into by and among the CITY OF LA QUINTA (the "City"), and Kramer.Firm, Inc. (The "Contractor"). The parties hereto agree as follows: SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of the Agreement, the Contractor shall provide those services related to Franchise Review of Time Warner Cable -Inspection Services, Physical Plant Inspections, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor 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. Services will be provided to the City. 1.2 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal or bid, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City, and any and all Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees, and Assessments. Contractor 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. Contractor 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. 1.5 Familiarity with Work. By executing this Agreement, Contractor 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 the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 21 a 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to person, 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 Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor. 1.7 - Additional Services. In accordance with the terms and conditions of this Agreement, the Contractor shall perform services in addition to those specified in the Scope of Services, (Exhibit "A") when directed in writing to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to the Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit `B" and incorporated herein by this reference. The Contractor shall be compensated in an amount not exceeding Twelve Thousand Two Hundred Dollars ($,12,200) (the "Contract Sum"). The method of compensation set forth in the Schedule of Compensation will include payment for time and materials based upon the Contractor's rates as specified in Exhibit `B", or such other methods as may be specified in the Schedule of Compensation (Exhibit "B"). Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expenses, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation (Exhibit "B"). 2.2 Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to the City no later than the tenth (10`h) working day of such month, in the form approved by the Contract Officer, 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, (2) specify each staff member who has provided services and the number of hours assigned to each such staff member, and (3) indicate the total expenditures to date. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. The City will pay Contractor for all expenses stated thereon which are approved by the City pursuant to this Agreement no later that the last working day of the month. 3.0 PERFORMANCE SCHEDULE Agreement. 3.1 Time of Essence. Time is of the essence in the performance of this 3.2 Schedule of Performance. All services rendered pursuant to this Agreement 22 shall be performed diligently and within the performance of this Agreement. 3.3. Force Majeure. All time periods specified for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargos, acts of any governmental agency other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and the extent of delay and extend the time for performing their services for the period of the forced delay when and if in his judgment such delay is justified, and the Contracting 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 and 7.8 of this Agreement, this Agreement shall continue in full force and effect for one (_ IJ years, from the date of the execution of this Agreement. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: 1. Jonathan L. Kramer 2. Steven C. Allen 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 the Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor 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 the City Manager or such other person as may be designated by the City Manager. The Contract Officer has been authorized to act on behalf of the City for the purposes of this Agreement. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor 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 Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with 23 85 any other entity to perform in whole or in part the services required hereunder without the express written approval of the 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 the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor with only such obligations as are consistent with that role. Contractor 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. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. 5.0 INSURANCE INDEMNIFICATION AND BONDS. 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of the Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor'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 Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insured shall be delivered to and approved by the 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 Coverage (personal injury/property damage) Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,0004300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence The Contractor shall also carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by the Contractor, its officers, any directly or indirectly employed by the Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor'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 24 providing that coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insured shall be delivered to and approved by the City prior to commencement of the services hereunder. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. The Contractor shall procure professional errors and omissions liability insurance in the amount acceptable to the City. All insurance required by the Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation (except 10 days' written notice for non-payment) to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its officers, employees, contractors, subcontractors or agents. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, ("City indemnitees"), from and against any and all 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 the City) ("Claims") and for errors and omissions committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable attorney's fees, incurred in defense of such Claims. In addition contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the City indemnitees. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City, at its sole option: 1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. 25 87 2. Order the Contractor to stop work under this Agreement and/or withhold any payments(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 3. Terminate the Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for Contractor'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 Contractor may be held responsible for payments of damages to person or property resulting from Contractor's or its subcontractors performance of work under this Agreement. 6.0 RECORDS AND REPORTS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor 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 principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents, and other materials, whether in hard copy or electronic form, which are prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon the termination of this Agreement or upon the earlier request of the Contract Officer, and Contractor shall have not claim for further employment or additional compensation as hereunder. esult of the exercise Contractor byCity retainitcopielrights s of such of ownership of the documents and materials documents for its own use. Contractor shall ensure all subcontractors to assign City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor 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. Contractor shall not disclose to any other private entity or person any information regarding the activities of the City or City, except as required by law or as authorized by the City. 26 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall b�rie lawsf the State of California. construed and interpreted both as to validity and to performance of the parties inaccordance with Legal actions concerning any dispute, claim or CountyeT of Rive�sideut f State of California, or in relation to ior any other Agreement shall be instituted in the Superior Court of the appropriate court in such county, and Contractor 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 it aobligationervice hereunder such s olongas ce andc injuring party commences to cure such default within ten (10) days the cure of such default within forty-five (45) days after f the default is an rviice of the notice, mmediat dsuch anger to r period as may be permitted by the Contract Officer; provided that the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of l isSection shall be a liance shall notion precedent t be a to termination of the Agreement for cause and to any gal action, and such comprovidethat waiver of any parry's right to take legal action in the event that the dispute is not cured, p 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 frt m liabilany ities or damaonies ges it o Contractor sufficient funds to compensate City for any losses, cos , reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by the Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. roval shall not be City's consent or approval of any act by Contractor requiring Ci a's royal of any consent or apsubsequent act of deemed to waive or render unnecessary City's consent to or pp Contractor. 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 tand 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 remedyany default, to recoverto obtain injunctiver eliefamageor to s for any default, to compel specific performance of this Agreement, 27 r : 8g 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. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of hereunder except such as may be termination, Contractor shall immediately cease all services specifically approved by the Contract Officer. Contractor 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 (Exhibit `B") or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligation under this Agreement, City may, after compliance with the provision of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the Cityohhe sall use reasonable efforts to mitigate such damages), and City may withhold anpayments Contractor for the purpose of setoff or partial payment of the amounts owned the 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 connections 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 the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City of for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of the Agreement. 8.2 Conflict of Interest. No officer or employee of the 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 effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor 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, disability or ancestry in the performance of the Agreement. Contractor shall take affirmative action to insure that applicants are employed and that 28 90 employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other parties 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 9.1. To City: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 Attention: Thomas P. Genovese City Manager To Contractor: 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, 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 all parties. 9.4 Severability. In the event that any or more of the phrases, sentences, clauses, paragraphs, or sections contained in the Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceable shall not effect 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 29 91 that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 30 92 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Dated: CITY OF LA QUINTA By: CITY MANAGER Name: Title: "CONTRACTOR" 31 93 EXHIBIT A SCOPE OF SERVICES 32 94 Proposal and Statement of Qualifications to Provide Cable Television Consulting Services to October 11, 2005 Subcontractor to Rutan & Tucker, LLP Attorneys at Law two KRAMER.FIRM INCORPORATED TELECOMMUNICATIONS TECHNOLOGY COUNSEL FOR GOVERNMENTS AND PRIVATE INSTITUTIONS SINCE 1984 T E L + 1 (310) 473 9900 FAX + 1 (310) 473 5900 KRAMER@CABI.ETV.COM WW W . CABLETV.COM SUITE 306 2001 S. BARRINGTON AVE. LOS ANGELES. CALIFORNIA 90025 9533 M Proposal and Statement of Qualifications Cable Television Consultant Services for La Quinta, California 0 * ! History and Experience of K/F Introduction Kramer.Finn, Inc. (K(F) is very pleased to submit this Proposal and Statement of Qualifications to the City of La Quinta (City) concerning its franchise review of Time Warner Cable (Time Warner). Background - k/F K/F is headed by Mr. Jonathan L. Kramer, JD, MIT, FEAE? who formed K/F's predecessor in 1984. Since 1.984, we've provided municipal governments with comprehensive and clear technical and operating evaluations of cable television systems. We provide our clients with professional and thorough franchise supervision, enforcement, and ne- gotiation services related to municipal communications issues. In 1987 we incorporated in California, where we maintain our main office in Los Angeles. Our work for La Quinta will be coordinated through the Los Angeles office. We propose this engagement as a subcontractor to the City's cable counsel, Rutan & Tucker, LLP. We've successfully completed over three hundred major government consulting assignments, similar or essentially identical to the services requested by La Quinta, since 1984. During the same period, we've completed over two hundred additional ancillary projects for our government clients, including multiple inspections of Time Warner Cable systems in California and other parts of the U.S. We've assisted the City of La Quinta with cable inspection services in the past. We appreciate the opportunity to serve the City once more. KRAMEiK.FIRIvt'S PROPOSAL TO SERvE.i'I JF, 0 rY oE' LA QUN'EA- 34 96 z Consultants' Biographical Data JONATHAN L. KRAMER, JD, FSCTE, FIRE ■ Licensed by the Federal Communications Commission (General Radiotelephone Operator License PG-11-3.5289, with Ship Radar and Broadcast endorsements) (Previously licensed as a Second Class Radio Telephone Operator, Sept. 1975; First Class Radio Telephone Operator, Nov. 1977; General Radiotelephone Operator License, June 1987) ■ Licensed by the Federal Communications Commission as an amateur radio operator since November 970; currently licensed as an Extra Class operator (WGJLK); Life member of the American Radio Relay League; ARR:I., book article author and review editor on amateur radio cable television RF interference matters. ■ Licensed by the State of California (licensed since December 1982; License C7-433113) ■ Wireless technology advisor to and testifying expert before the FCC State & Local Government Advisory Committee ■ Co-author, editor of wireless technology advisory to local governments based on OET Bulletin 65 published by the FCC:, Spring 2000 (available at http://v wNv.FC;t:.gov;oet/rfsafety) ■ Former Chairperson, International Right of Way Association Wireless Committee ■ Former National Board of Directors member, National Association of Telecommunications Officers and Advisors (NA'fOA), an affiliate of the National League of Cities (Terms: 1997-2000. 1992-1994) ■ Former Co-chair of National Technical Standards Committee appointed by NATOA, National League of Cities, and US Conference of Mayors to develop the national technical standards for cable television systems adopted by the FCC in February 1992 ■ NATOA's 1997 Member of the Year (honored for information delivery to NATOA members) ■ NATOA's 1991 Member of the Year (honored for achievements in developing and negotiating national cable television technical standards) ■ Fortner Co-chair of National']..echnical Standards committee appointed by NATOA, National League of Cities, and US Conference of Mayors to develop the national technical standardized testing manual to determine compliance with the FCC rules ■ Fellow Member of Society of Cable Telecommunication Engineers, United Kingdom society. "FSCTE" ■ Senior Member of Society of Cable Telecommunications Engineers ( Senior Member since April 1993; member since 1981) Member. SCT'E..'s Loyal Order of the 704 (greater than 20 years in CAT"V engineering) ■ Fellow. Institute for the Advancement of Engineering (FIAE) (Nominated by institute of Electrical and :Electronics Engineers) ■ Member of the College of Fellows of the Center for the International Study of Law (Salzburg, Austria) KRAMERTIRM'S PROPOSAI.1'O SERVE THE C[TY OF i.A QUINI'A- 97 35 I� ■ Witness before the FCC's State & Local Government Advisory Committee on OET 65, March 2000 ■ Witness before the FCC in Cable TV re -regulation hearings, March 1990, representing NATOA, et al ■ Right of Way engineering and management expertise related to telecommunications networks and radio communications siting ■ Testifying expert witness in federal and state court cases regarding cable television technology, and state court cases regarding wireless technology. ■ Technology speaker at every NATOA National Conference since 1.988; Technology speaker at many regional and local NATOA meetings ■ Communications technology speaker at Society of Cable Telecommunications Engineers conferences, and cable industry conferences ■ Published author of book and magazine articles on communications technology, plant safety, construction and administration ■ Cable system engineering and technical management experience six years before forming firm, Chief Technician, Technical Manager, Regional Engineer. ■ Former Field Engineering Representative for Motorola Communications and Electronics, Area F Program Management team ----- Areas of experience include microwave radio; baseband RF and audio; digital signaling; U;l lF and VHF two-way radio (including high stability Simulcastt radio operations); telephony; and command and control communications. ■ Juris Doctor Degree cum laude, Abraham Lincoln University School of Law, Los Angeles (2001). Undergraduate education at CSUN, UCLA, LATTC, and WLAC; AS Degree in Radio Communications (with honors), Los Angeles Trade Technical College. T'he following is a partial list of the over 400 governments and agencies since 1984 that have relied upon Mr. Kramer's broadband andlor radio -telecommunications advice. Selected Federal encies :National Assnciativzzs States Federal Communications Commission U.S. Department of Justice National Association of Telecommunications Officers and Advisors Soc. of Cable 'l'elecommunicalions Engineers United States Attorney United States Army U.S. Marine Corps U.S. Navy; Postgraduate School United States Conference of Mayors National Association of Counties National League of Cities State of Michigan Public Utilities Commission St. of Connecticut Dept. of Public Utility Control KRAMER.Fim's PROPOSALTO SERVETHE C[TY OF LA QUINT'A- 9 8 36 KSelected Local Governments Aiken County, South Carolina Glen Ellyn, Illinois Portland, OregonPoway, CA Alcoa,'T'ennessee Greenville, Illinois half Moon Bay, CA Port Townsend, WA Anaheim, CA Hermosa Beach, CA Redondo }Beach, CA. Avon, Ohio Hidden Hills, CA Rialto, CA Austin, Texas Park, Illinois Richmond, CA . Azusa, CA Hoffman Estates, Illinois Riverside, CA Barrington, IL Hollywood, Florida Rochester, MinnesotaBellbrook, Ohio Homewood, Alabama Rolling Meadows, Illinois Berkeley, CA Beverly Frills, CA Homewood, Illinois Roseville, Minnesota San Bernardino County, CA Big Bear Lake, CA Indian Wells, CA San Clemente, CA Birmingham, AL "Tennessee Irvine, CA Kettering.Ohio San Diego County, CA Blount County, Lake County, Illinois City &c Co. of San Francisco, CA Bronxville, New York Lake County, Indiana San. Juan Capistrano, CA But1'alo (:Trove, Illinois Butte County, California La Mesa, CA San Luis Obispo, CA San Luis Obispo County, CA Calabasas, CA La QuintsCA , Laguna Beach, CA San. Marcos, CA Canandaigua, NY Lompoc, CA p Santa Ana, CACanton, Michigan Los Alamos, CA Santa Barbara County, CA Capitola, CA Los Altos, CA Santa Clara, CACenterville, Ohio Los Angeles, CA Santa Cruz County, CA Chelan, Washington Los Angeles County, CA Santa Maria, CA Chino, CA Lynchburg, Virginia Santa Monica, CA Chula Vista, CA Cleveland Heights, Ohio Malibu, CA "Tennessee Simi Valley, CA Sistersvilte, West Virginia Colton, CA Maryville, Merrillville, Indiana Solon, Ohio Corona, CA Miamisburg, Ohio Spokane, Washington Cypress, CA. , Monterey County, CA S rim born, Ohio P g Darien, Illinois City/County of Denver, Colorado Mount Carmel, Illinois St. Louis, .Missouri Sutter County, California Deerfield Beach, Florida Mount Prospect, Illinois :Mountain View, CA Thousand Oaks, CA Diamond Bar, CA Downers Grove, Illinois Munster, Indiana Tipp City, Ohio Torrance, CA Duarte, CA New Martinsville, WV New Orleans, Louisiana Troy. Ohio )`. Dabuque, Il, Newton Falls, Ohio Tuckahoe, New York Eagan, Minnesota Eastchester, New York Niles, IL Tucson, Arizona Tustin, CA Eibum, IL North Aurora, IL Oakwood, Ohio Victoria, Texas Elk Grove Village, Illinois Walnut Creek, California Encinitas, CA Ojai, CA Olean, New York West Allis, Wisconsin Escondido, CA Opelika, Alabama West Carrollton, Ohio Flora, Illinois Fort Wayne, Indiana Orange County, CA g' West Covina, CA West Frankfort, Illinois Franklin, Kentucky Oxnard, CA Paris, Illinois West Milton, Ohio Fremont, CA Park Forest, Illinois West Hollywood, CA. Fullerton, CA La Quinta, California Wheaton, Illinois Garden Grove, CA Peoria CountyIllinois , White Plaits, Ne�v York Gardena, CA Piqua, Ohio Willmette, Illinois Germantown, Ohio Plymouth, Michigan Yorba:C.,inda CA Glendale, CA KRAMER.FIRM' S PROPOSAL TO SERVE THE; CITY OF LA QUINT A — 4j'3 37 Universities CoTleQes School Districts University of California, Los Angeles Rancho Santiago College tJnive:rsity of Alabama Centralia School .District Pepperdine University Oxnard Union School District Orange Coast College Selected Litigation Adelphia v. City of Thousand Oaks [and countersuit] (Expert for City) AT&T Wireless v. City of San Diego (Expert Witness for City) Schaff Dev. Group v. S.E. Fla. Cable, Inc., dba Adelphia Cable (Expert for Schaff) Omnipoint v. Garden City, .Michigan (Expert witness for Garden City) GTE Mobilenet v. City and County of San Francisco (Expert witness for San Francisco) Playboy Enterprises v. US (Expert witness for FCC and US DOJ) US Cellular v. Peoria County (Expert Witness for Peoria County) Jones l:ntercable v. Chula Vista (Expert Witness for City of Chula Vista) West Covina v. Adelphia Communications (Expert Witness for City of West Covina) Sierra F:",ast Television v. Westar Cable (Expert witness for Sierra East Television) Booth American v. LIS (Expert witness for US Army and US DOJ) D.B. Cable v. Kalma Busk (Expert for Kalma Busk) Selected Lectures Sprint Wireless International Right of Way Association Washington Association of Cities NATOA National Conference NATOA So. Cal. and Nevada Chapter NATOA Illinois Chapter NATOA Minnesota Chapter NA'I'OA Texas Chapter Society of Cable Telecommunications Engineers Personal Communications Industry Association Law Seminars International Center for the International Study of Law (Salzburg, Austria) Mr. Krasner is solely responsible for and in control of assignment of tasks to qualified K/F staff, whether listed here or not, related to this proposal. <Balance of page intentionally left blank' KRAMM.FIRM'S PROPOSAL, TO SERVE TI{I CITY OF LA QUINTA — 100 38 STATEMENT OF QUALIFICATIONS AND EXPERIENCE STEVEN C. ALLEN, B.C.E. 7/01 to Present .Kramer.Firm. Inc. Senior Broadband 'Technologist Broadband and cable system inspection specialist; RF technology; cable wizard. Reports directly to and under the supervision of Jonathan L. Kramer, Kramer.Firm's Principal. 5/00 to 7/01 Cisco Systems, Inc Consulting System Engineer (CSE) Cable and Wireless Business Provided technical expertise and industry knowledge to the development and sale of broadband cable modems, Cable Modem Termination Systems (CMTS), video products, and wireless Internet products. Prepared and delivered focused product training and presentations to internal work groups and Cisco customers. Assisted in the development of specifications and features of next generation Cisco products and worked with customer account teams on product evaluations or deployments. Worked with local Account Managers and System Engineers to resolve specific operational problems at customer locations. Providing feedback to manufacturing or product development on requirements or improvements to products. Provided training to customer staff on. Cisco products. Provided RF/l-IFC" experience and industry knowledge to Cisco sales and marketing departments to better acquaint them with the broadband cable industry. (Industry point of view). Leveraged extensive vendor contacts to provide information and possible solutions to specific product development requirements. 11/98 to 5/2000 TVC Communications, Inc. Western Regional Sales Engineer: Responsible for technical sales and training support to mglor Broadband providers including CATV, Telco, Manufacturing, Broadcast and Satellite networks in California and Nevada. Sales Engineer for 2nd largest broadband distributor in USA. Specializing in complex headend and outside plant products. Primary product lines inciude'Tektronix analog and digital test equipment, Motorola Optical and HFC Distribution equipment, fiber optic splicing and termination systems, including enclosures, fusion. splicers, and fiber management systems. Worked closely with regional account managers to assist in product specifications, R.FP's, training related needs and hands-on training for customer staff. Assist in identification of system needs, and design solutions based on offered products and services. 12/95 to 11/98 Roseville Telephone Company Broadband Systems Engineer: Working in a combined Broadband/Telco environment, helped implement one of the first experiments in Fiber to the Curb (F'171'C) architecture in Del Webb's Sun City development in Roseville, California. Responsible for design and implementation of new centralized network powering system, IIFC design review, network monitoring system for system power, new product and technology evaluations, staff training, and Broadband overviews for management. Directly involved in mapping and conducting signal surveys in the Sacramento area for wireless PCS coverage. 1 worked with several right-of-way contractors and Lucent, to secure cellular and co -locate sites for network build -out. KRAMER.FIRM'S PROPOSALTO SERVE TIME CITY OF LA QUINTA- 1�� 39 12/86-.12/95 Jones lntercable, Inc. System Engineering Manager: Responsible for all aspects of inside and outside plant for cable television system serving Roseville, California. Supervised staff of 15 installers, technicians and construction personnel. Designed and implemented new office building telecommunications services and placement. Designed and implemented new CA'rV headend encompassing towers, satellite receiving dishes, central grounding nemork, and data services. Coordinated cutover from old headend and services to all new facilities. Designed and installed first fiber optic CATV network in the Sacramento area employing a. Cable Area Network design devised by Jones lntercable. Worked with other departments to insure that system goals and business plans were met. Administered OSHA/CALOSHA Hazmat/Hazcom program. Provided temporary engineering support and management supervision to related Jones lntercable business units in other areas of Northern California. 1/85 to 12/86 Viacom Cablevision Headquarters Corporate Staff Engineer: Responsible for technical support for home terminal products and converter repair facilities at Viacom systems in USA. Provided staff assistance at system level to resolve technical difficulties beyond scope of local personnel. Worked with product vendors to develop solutions to technical problems. Assisted corporate purchasing department in developing cost effective alternatives to vendor provided services or materials. 1.0/82 to 1/85 Viacom Cablevision- North Bay Region Regional Systems Engineer: Responsible for all headends, microwave systems, and FCC liaison for systems in North Bay region including San Rafael, Petaluma, Napa, Pinole, Crockett, and Rodeo. Supervised and supported a crew of 4 headend technicians in maintaining headend equipment including off -air processors. FM. AML microwave, FM terrestrial microwave, Satellite TVRO and Fiber optic links. Also responsible for overseeing Viacom plant training program and coordinating activities of regional plant trainer. Additional responsibilities included Regional Engineer for the Bay Area Interconnect, a microwave trunk system delivering advertiser supported satellite programming to 500 thousand cable subscribers in the greater San. Francisco Bay area. 6/79 to 10/82 Viacom. Cablevision Chief Technician: Responsible for operation of system plant in Oroville, Paradise, Colusa, Gridley and Biggs, California. Supervise a crew of system technicians. Maintain 6 headends with AML microwave transmitters and receivers, satellite TVRO, FM: Microwave, processors, antennas and associated equipment. 1/79-6/79 Nor -Cal Cablevision System Technician: Responsible for system maintenance on distribution and house drop level. Perform routine service calls in response to customer requests. 2/78 to 12/78 Cal -Corn Systems Sales Engineer: Design and market mobile communications systems for RCA Mobile Communications Division in the San Francisco Bay Area. 1/76 to 1/78 Concord TV Cable Construction Technician: Duties involved construction and proof of new overhead and underground cable plant. Construction leader during complete rebuild of concord system in 1977. Promoted to Field Technical Supervisor for rebuild. Also involved in production work for local origination department. KRAMER.FIRm's PROPOSAL TO SI RVE TIIE CITY OF LA QUINTA — lU4. 6/75 to 1/76 United States Air force Reserve Basic Training 6/73 to 6/75 State TV Cable Construction Lineman: Duties involved construction of new overhead and underground plant. Construction lineman for complete electronics change out for CATV franchises in Willows, Corning and Orland, California 6/70 to 6/73 Concord TV Cable (A unit of Western Communications) Installer. Duties included installation of customer premises and other duties as assigned. Education: 9/73 - 5/75 California State University Chico, Chico, California, BA degree, Telecommunications 9/71 - 5/72 San Diego State University, San Diego, California Undergraduate work, Broadcasting 9/69 - 6/71 Diablo Valley College, Pleasant Hill, California .Associate of Arts Degree, General Education emphasis on. Broadcasting Professional Associations: Society of Cable Telecommunications Engineers (SCTE) 1979 to Present 1.991 National. Member of the Year Elevated to Senior Member in 1991 SCTE Offices held: n Preset SCTE Region 1 National Director (CA., NV, lll) 1999 to 2ese 2042 SCTE Western Vice Chairman 2001 to 2002 SCTE Executive Committee member Vice President, Sierra Chapter, SCTE serving Sacramento 1989 to Present Member, SCTE National Planning Committee 1993 to Present Member. SCTE BCT/E Industry Certification Committee. 1993 to Present Chairman, SCTE Northern California Vendors Day 1991 to Present National Cable Television Association Member, Cable Pioneers Club, Class of 93 Credentials: FCC General Class Radiotelephone License; prior licensed as a Second Class General Radiotelephone License (continuously licensed since 1980) SCTE .Broadband Certified Engineer (BCE); continually certified since 1988 FCC Amateur Radio Licensee (Call sign: KC6VCC; continuously licensed since 1991) Military Service: 1975-1981 USAF Reserve Law Enforcement Specialist. Chico, California Honor Graduate USAF Police Academy USN Reserve Avionics Technician. Alameda, California Honorably discharged May 1.981 Balance of page intentionally left blank> KRAMER.FIRM'S PROPOSAL ,ro SERVE'rFiE CITY OF LA QUIN I A- 1�i3 41 C I Plan To Accomplish The Engagement Consistent with our understanding of the services you seek, we propose to provide the following inspection services to the City of La Quinta: inspection Services Physical Plant Inspections - Subscriber Network To assess the physical condition of Time Warner's cable system within the City, we shall conduct a 250 point inspection. representing all major portions of the City, including single family, multiple family and commercial areas. This 250 point inspection may, at our option, be substituted with a drive -out of no fewer than 35% of the total plant trunk mileage within the City if we believe that a plant drive -out will yield more useful information for the City. The physical evaluation will allow us to assess and quantify the following items: ■ Analysis of overhead and underground construction techniques in the uew- build and existing -plant, and their impact on reliable system operation consis- tent with the requirements of CPUC General Order 95 and CPUC General Order 125, covering communications systems construction in public and private rights -of -way ■ Evaluation of plant bonding, consistent with the National Electrical Code (City -adopted or current California Electrical Code edition) which is necessary to inhibit, for example, outages due to stray electrical currents ■ Standby power supply construction ■ Estimates of necessary additional work (if any) that Time Warner must do to comply with the applicable safety codes, cited above, to correct any physical defects or unresolved construction violation noted during the inspection. ■ Assessment of headend, over -the -air antenna, and satellite antenna construction issue ■ Other items deemed pertinent to reliable system operation. ■ Photographic documentation may be included as an attachment to our written report to illustrate specific findings and/or violations. KRAMER.F1RM's PROPOSAL TO SERVE THE CITY OF LA QUtNr:A — 10442 Grounding inspection - Subscriber Network To provide the City with an assessment of Time Warner's level of compliance with its obligation to ground its subscriber drops, we'll inspect at least 65 subscriber drop locations throughout the zone. We'll determine if Time Warner has complied with the requirements of the City's electrical code based on the NEC: 820-40 standard. Deliverable Our findings regarding Time Warner's achievements and deficiencies shall be documented in a report to the City. The findings in that report will be supported by representative photographs of any points we believe are required to illustrate issues raised therein. This report will be issued approximately two to three business weeks after we complete the inspection of the zone. Examples On the following page is an illustration on the typical types of violations observed in many cable systems. No representation is made that any or all of the issues shown in the illustration exist in Time Warner's La Quinta cable television system, however, many of the elements illustrated and shown have been observed in other cable television systems, including system owned, controlled, or operated by "Time Warner. Following thereafter are sample inspection photographs from other KF inspections of California cable systems. They show some of the types of violations that may —or ►nay not be found in Time Warner's La Quinta cable system. <Balance of page intentionally left blank> KILAMER.FIRM's PROPOSAL 'ro SERVE I'HE ClrY OF LA QUINIA- 1G5 43 a� 0 0 U E u I a) f6 N C N 6 Z �_Eg m z m N 0 'f 0m � 3 C � cC � L � d U D .N U01 m OEn o N ip m Z cn O O �C _ O O y C a0 LL y O �Z 0 E E 0 U KFAMER.F[KM's PROPOSAL TO NFKVE,r[ir Cay of LA Qrnr[rn- lisp 44 Apparent commendering of telephone cable ground c NEC 82n; unprotected ground wire; poor workmanship (all violations <Uance of page intentionally left blank> KTt AMER.I I1ZNI'S PROPOSAL TO SF,'KVE THE CITY of LA CWI r:�— 107 45 Drop not grounded; poor workmanship. (Violations of NEC 820, et seq.) <Balance of page intentionally left blank> KF-kMER.FlRM'S PROPOSAL TO SERVE THE CrrY or LA QUIN'rA- 10 8 46 Drop attached to power riser above roof; less than I' clearance from power at the attachment point; less than 1 toot clearance from power prior to the attachment point; poor workmanship. (Violations of NEC 820, et seq.) <Balance of page intentionally left blank> KxAMER.FIKM'S PROPOSAL ra SERVE 'ME' Crrt` of LA QUINIA- 1 i19 47 Cable pedestal base altered (no longer listed); pedestal improper size for equipment within; poor workmanship (Violations of NEC 820, et seq.). Minimum clearnace from power vault not per CPUC GO 128. <Balance of page intentionally left blank> KRAMERTIRM'S PROPOSAL TO SERVE 7'HE CITY OF LA QUINTA— i 10 48 Drop attached to a independent ground (Violations of NEC 820, e rod—not ground point per the Code; poor workmanship. <Balance of page intentionally left blank> KRAMERTIRM'S PROPOSAL TO SERVE TILE C FI'Y OF LA QUINTA— jil49 Cable commendering power ground clamp —not a safe ground point per the Code; poor workmanship. (Violations of NEC 820, et seq.) <Balance of page intentionally left blank> KmMERTIRM'S PROPOSAL TO SERVE THE CITY OF LA QUINT'A- 112 50 Drop not protected on pole (required to be in Schedule 80 conduit within 8 feet of ground. (Violations of CPUC General Order 95, et seq.) <Balance of page intentionally left blank> K%tkMER.FIRM'S PROPOSAL TO SERVE TCHE CITY of LA QUINTA- 113 51 Broken lashing wire (exposes cable to physical failure; unpermitted contact with Telco; and can cause poor picture quality). (Violation of CPUC General Order 95, et seq.) < Balance of page intentionally left blank> KRAMERY)RM'S PROPOSAL TO SERVE TIME CITY OF LA QUINTA- 114 52 Drop attached to power riser above roof; less than I' clearance from power at the attachment point; poor workmanship. (Violations of NEC 820, et seq.) <Balance of page intentionally left blank> KRAMERTIRM'S PROPOSAL TO SF,RVE THE, CITY OF LA QLANTA- 1 15 53 Engagement Timetable We anticipate that our service to the City will span from the time of our retention through approximately January, 2006. <Balance of page intentionally left blank.> KRAMER.FIRM'S PROPOSAL *1O SERVE THE CITY OF LA QUINT A - 11 L 6 Additional Information Pursuant to the Cable Communications Policy Act of 1984 as modified by the "Telecommunications Act of 1996 and Cable Television Consumer Protection and Competition Act of 1992 at §635A(a) [47 USC 555A(a)], we are an agent of the City, without authority to bind or otherwise obligate the City. We Are Jointly Responsible For The Success Of This Engagement We've repeatedly found that the most successful and beneficial consulting engagements are the product of close and cooperative working relationship between the client and consultant. We jointly and severally have responsible roles in determining whether this engagement will be useful to vou. For us to provide you with the very useful work product, and enable us to successfully complete our assignment in a timely manner, we have identified key areas that will require the active cooperation of the members of the City. Consistent with these goals, while in La Quinta, we will want to have reasonable access to all correspondence with and related to Time Warner, its parent, any former operators within the areas governed by the City, and all other materials related to CATV under the control of the City and/or its employees and agents necessary for us to complete our assignment. Additionally, we require that you provide us with letters of authority for us to carry while in the field, along with letters informing state, county, and local law enforcement and road department officials of our assignments and authority. (Upon request, we will provide you with samples of these letters.) <Balance of page intentionally left blank> KRAMER.FIRM s PROPOSAL T'O SERVE. CITE Crry OF LA QUINTA 117 55 0 Client References for Kramer.Firm, Inc. We have performed services essentially identical or similar to those requested by the City for each government entity listed below. Generally, our work for these governments has included technical and/or proof -of -performance reviews in connection with franchise renewals or transfers. Ms. Fern Taylor County of Los Angeles (21.3)974-271.1 Mr. Joe Meyers City of Tustin (714) 573-31.73 Ms. Maggie Tephany City of Redondo Beach, CA (310) 372-1171 ext. 2224 Mr. Fred Cutmingham City of Beverly Flills (310) 285-1.000 <Balance of page intentionally left blank- 118 56 SCHEDULE OF COMPENSATION 119 57 �ei Fees and Terms Cable System Inspection Fee Our fee to perform the inspection work expressly described in Section 4 of this proposal regarding our physical plant and grounding inspection of Time Warner is $12,200. That fee includes inspection and report production expenses. Cable Franchise Issues Consulting Fee For work which goes beyond the scope of work proposed here, including but not limited to on - site meetings, teleconferences, document reviews, etc., but excluding the physical plant inspection priced above, we charge an hourly fee of $190 for Mr. Kramer and $175 for each of Mr. Kramer's professional stag members. All clock rate time is rounded up to the nearest 15 minutes, and is on a portal-to-portal basis except for airline travel, which is billed at 50% of the hourly rate. Expenses are billed at cost. Expenses include, but are not limited to travel, messenger, meal costs, licensee fees, permits, registrations, lodging, meals, transportation, photocopying etc. Additional Fees/Terms Information In all cases, for project and consulting fee work, all invoices shall be due and payable upon presentation, and shall be considered past due 30 calendar days after the invoice date. Balances owing to us for more than 30 days after invoice date may, solely at our option, accrue interest at 1.0 % per month (12.0% per year) on the entire previous unpaid balance from the invoice date. This proposal, which must be incorporated by attachment or reference into any final agreement, shall automatically expire 45 days after the date shown on the front cover of this proposal. <Balance of page intentionally left blank.> KRAMER.FIRbt's PROPOSAL TO SERVE IIIE CITY OF LA QUINFA — 140 58 CU T-11 4 OF COUNCIL/RDA MEETING DATE: November 1, 2005 ITEM TITLE: Approval to Dispose of Surplus Construction Improvement Funds For Assessment District 2000-1 (Phase VI Improvement Bonds) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the disposition of surplus construction improvement funds for Assessment District 2000-1 in accordance with the California Health and Safety Code and the Bond Indenture. FISCAL IMPLICATIONS: Assessment District 2000-1 was formed to construct public improvements in three non-contiguous areas in the City of La Quinta. These three areas were the Village Cove section, the Westward Ho Drive area, and the Bottlebrush/Sagebrush/Saguaro Drives area. These three areas were further refined into four benefit zones. Zone 1 was the Village Cove Commercial section which included 84 commercial properties and one park. Zone 2 was the Village Cove residential section that included 251 residential parcels. The third zone was the Westward Ho area which included 145 residential properties and a commercial golf course. The fourth benefit zone was Sagebrush, Bottlebrush, and Saguaro Drives area which included 126 residential parcels. Funds in the amount of $312,218 remain as of September 30, 2005 in the improvement fund after the completion of the project and must be used in accordance with the California Health and Safety Code and the Bond Indenture. Interest will be credited on the $312,218 up to the date of repayment. CHARTER CITY IMPLJCATIONS: None. 121 BACKGROUND AND OVERVIEW: The City sponsored the formation of the 2000-1 Assessment District which totaled $2,690,000 to construct sewer improvements in the aforementioned areas and involved 606 assessments. All of the public improvements have been constructed and accepted by the City, leaving a total of $312,218 in excess construction money. California Health and Safety Code 10427 deals with the disposition of surplus funds (Attachment 1). Section 10427 applies to this situation and states that any such surplus shall be used in such amounts as the legislative body may determine for one or more of the following purposes: (a) For transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of one thousand dollars ($1,000) or 5 percent of the total amount expended for the improvement fund; or (b) As a credit upon the assessment and any supplemental assessment in the manner provided in Section 10427.1; or (c) For the maintenance of the improvement. Staff is recommending application of Section 10427 (b) to dispose of the funds. In the assessment district formation process, the property owner has the ability to either prepay their assessment or finance their assessment over the life of the bonds. The amount that was prepaid by property owners before the bonds were issued totaled $347,838. The current owners of these parcels will receive a prorated refund in cash. For those property owners that did not prepay and elected to finance their assessment, the current property owners will receive a prorated credit upon their future assessments, as referenced in Section (b) above. The prorated amount for assessments will be used for the redemption of bonds and will be based upon the Engineer's Report Assessment District No. 1 2000-1 Phase VI Improvements Dated April 18, 2000, which lists the assessments by parcel number (Attachment 2). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the disposition of surplus construction improvement funds for Assessment District 2000-1 in accordance with the California Health and Safety Code and the Bond Indenture; or 2. Do not approve the disposition of surplus construction improvement funds for 2 122 Assessment District 2000-1 in accordance with the California Health and Safety Code and the Bond Indenture; or 3. Provide staff with alternative direction. Respectfully submitted, P. � VL'10� )btffi' M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Section 10427 of the CA Health and Safety Code 2. Engineer's Report Assessment District No. 1 2000-1 Phase VI Improvements Dated April 18, 2000 K3 1223 CA Codes (shc:10400-10508) ATTACHMENT 1 10423. The deed of the ence of the matters which it recites, and of the regu all proceedings prior to the execution of the deed. 10424. As fast as collected the tax collector shall pay th� funds collected by him pursuant to this division, either upon voluntary payment or as the result of sales, to the treasurer of t city. The city treasurer shall place the funds so received in a srcial fund designated by the name of the improvement proceeding. Payment shall be made out of the special fund so established only xr the purposes provided for in this division. 10424.2. (a) If the Orange County Board of pervisors determines, subsequent to the issuance of bonds, thaXe0time e acquisition or construction of all or any part of the psed improvement will be delayed beyond the date upon which, at t the bonds were issued, the acquisition or constructio was expected to occur, the balance then on deposi/bnd he improv ment fund, or the portion specified by the boar, at th direction of the board, be applied to call outstabonds alled for redemption. The call and redemption of bonduant o this section shall not cause the amount of any assessmebe educed. The board shall cause any annual assessment instt occurring after any redemption under this section to be redthe maximum extent permitted by law. (b) The board may, ime to time, issue bonds in an aggregate principal amount not iss of the principal amount of bonds called for redemption nt to subdivision (a). The net proceeds derived from the sale bonds shall be deposited in the improvement fund. 10425. If the fist assessment or the sale of bonds to represent assessments levi d pursuant to this division fails to raise sufficie/moneto pay all costs, damages, and expenses of the improvemcquisition, including any judgments rendered in the action aedings mentioned in this division and the costs and expenses, the legislative body may pay the deficit out of the general may order a supplemental assessment to pay the deficit. 104 6. The supplemental assessment shall be made and collected in t same manner, as nearly as may be as the men a assessments may be made, if necessary, to pay for the improvement. At the hearing the legislative body may confirm, modify, or correct the supplemental assessment. The decision of the legislative body thereon is final. 10427. After completion of the improvement and the payment of all claims from the improvement fund, the legislative body shall determine the amount of the surplus, if any, remaining in the improvement fund by reason of the assessment and any supplemental 124 4 CA Codes (shc:10400-10508) assessment levied for the improvement. The surplus shall be used, in amounts determined by the legislative body, for one or more of the following purposes: (a) For transfer to the general fund of the city, provided that the amount transferred shall not exceed the lesser of one thousand dollars ($1,000) or 5 percent of the total amount expended from the improvement fund. (b) As a credit upon the assessment and any supplemental assessment, in the manner provided in Section 10427.1. (c) For the maintenance of the improvement. (d) To call bonds, thereby reducing outstanding assessments and subsequent assessment installments. In the event that the legislative body determines to use all or some portion of the surplus to call bonds prior to maturity, the treasurer shall do each of the following: (1) Cause the special reserve fund, if any, to be reduced as necessary pursuant to Section 8887 to assure that the bonds will not become subject to federal income taxation. (2) Cause any assessment previously paid in cash to receive a credit in cash pursuant to subdivision (b) of Section 10427.1 for the proportionate share of the surplus as determined pursuant to subdivision (a) of Section 10427.1. (3) Cause the preparation of new auditor's records to reflect the adjusted principal amount of the remaining assessment. All subsequent assessment installments shall be based upon the adjusted principal amount of the assessment as reflected in the revised auditor's record. 10427.1. (a) If there is no supplemental assessment, the entire amount of the surplus shall be applied as a credit to the assessment or, as an alternative, any portion of the surplus may be used to call outstanding bonds. If any supplemental assessment has been levied, any portion of the surplus shall be applied as a credit to the assessment or supplemental assessment, or both, or, as an alternative, may be used to call outstanding bonds, as the legislative body may determine. Any credit upon the assessment or any supplemental assessment shall be made in the proportion which each individual assessment, or installment of principal thereof, bears to the total of all individual assessments in the assessment or supplemental assessments upon which the surplus is to be credited. Any bonds called pursuant to this section shall be selected in accordance with Section 8768. (b) Where an individual assessment, or any installment of the principal thereof, has been paid in cash after January 1, 1991, the credit shall be returned in cash to the person or persons owning the property for which the assessment or installment has been paid upon their furnishing satisfactory evidence of payment. (c) Where all or any part of an individual assessment remains unpaid, if the individual assessment is not payable in installments, the credit shall be applied in its entirety upon the individual assessment. (d) Where all or any part of an individual assessment remains unpaid and is payable in installments, the amount apportioned to each parcel shall be credited against the next installment or installments unpaid upon it after the two-year period specified in this subdivision. When any of the surplus is to be applied as a credit upon the assessment, payable in installments, no credit may be paid or credited as provided in this section until after a period of l40 5 CA Codes (shc:10400-10508) two years from the date of receipt of proceeds of the sale of bonds by the legal entity conducting the proceedings. (e) There shall be transferred to the general fund of the city (1) any portion of the surplus which has not been paid to or claimed by the persons entitled thereto within four years from the date of recordation of the assessment and any supplemental assessment or, if bonds have been issued, within four years after the due date of the last installment upon the bonds or of the last principal coupon attached thereto, and (2) any interest earned from the investment of any moneys constituting all or any part of the surplus when the surplus attributable to an individual remaining assessment is fifty dollars ($50) or less. If the surplus attributable to an individual remaining assessment is greater than fifty dollars ($50), any interest earned thereon, less administrative cost of investing and crediting, shall be applied as a credit to the assessment. 10427.2. I.f, pursuant to Section 10427, the legislative body determines that any surplus remaining in the improvement fund shall be used as a credit upon the assessment or any supplemental assessment, the legislative body may also determine that such surplus shall be applied as a credit to the city or any local, state or national agency or authority which shall have made a contribution towards the costs and expenses of the improvement. A credit on account of any contribution shall be made in the proportion which such contribution bears to the total amount of the assessment or supplemental assessment prior to the deduction of all such contributions. All such credits shall be returned in cash to the city, local, state or national agency or authority making such contribution. The surplus remaining in the improvement fund after making credits on account of contributions shall then be applied as a credit in the manner provided in Section 10427.1. 10427.5. If any work to be performed under this division is deleted from a specific lot fronting on the improvement, the surplus in the improvement fund resulting from the deletion of such work may be returned to the owner of that lot, in the manner provided in Section 10427.1. 10428. From the date of the recordation pursuant to Sections 3114 and 3115, each spe- c—ice as'S'�ssnt3ivision i s-2 lien upon the land upon which it is levied. This lien is paramount to all other liens, except prior assessments and taxation. Unless sooner discharged, the lien continues for a pp-r'bd of 10 years from the date of the recordation or, if bones ire issued to represent the assessment, until the expiration of --four years after the due date of the last installment on the bo s or of the last principal coupon attached thereto. All pe ns have constructive notice of this lien from the date of the cordation. 1042 The lien, whether bonds issued to repres sessment o a fixed special assessment liens previously imposed upon the same property, but it shall have ATTACHMENT 2 C I T Y O F Engineer's Report Assessment District No. 2000-1 Phase VI Improvements Modified and Approved April 18, 2000 1�7 7 ENGINEER'S REPORT ASSESSMENT DISTRICT NO.2000-1 PHASE VI IMPROVEMENTS CITY OF LA QUINTA John Pena Mayor Stanley Sniff Mayor Pro Tern Donald Adolph, Ron Perkins, Terry Henderson Council Members Thomas Genovese — City Manager Dawn Honeywell — City Attorney June Greek — City Clerk Mark Weiss - Assistant City Manager Jerry Herman — Community Development Director Dodie Horvitz — Community Services Director Chris Vogt — Public Works Director/City Engineer John Falconer — Finance Director Thomas Hartung— Building and Safety Director Professional Services Rutan and Tucker — Bond Counsel Korve Engineering - Design Engineer MuniFinancial — Assessment Engineer Miller & Schroeder Financial, Inc. — Financial Consultants 1 21 8 City of La Quinta E3 Engineer's Report ENGINEER'S REPORT ASSESSMENT DISTRICT NO.2000-1 PHASE VI IMPROVEMENTS CITY OF LA QUINTA TABLE OF CONTENTS Certifications Engineer's Report Exhibit A— Plans and Specifications.............................................................A-1 ExhibitB — Cost Estimate.............................................................................. B-1 Exhibit C - Assessment Roll.........................................................................C-1 Exhibit D — Debt Limitation Report ................................................................D-1 Exhibit E — Method of Assessment................................................................ E-1 Exhibit F — Assessment Diagram.................................................................. F-1 Exhibit G — Maximum Annual Assessment .................................................•• G-1 Exhibit H — Right -of -Way and Easements.....................................................H-1 Exhibit I — Public Properties............................................................................1-1 129 MuniFinancial City of La Quinta 9 City of La Quinta O Engineer's Report ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 2000-1 PHASE VI IMPROVEMENTS CITY OF LA QUINTA The undersigned respectfully submits the enclosed report as directed by the City Council. Date: �0 '2000 MuniFinancial r' Assessment Engineer°F. • No. 18742 By: I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment and Assessment Diagram thereto attached, was filed with me on the day of 2000. he City Council, City of La Quinta, Califomia I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment and Assessment Diagram thereto attached, was approved and confirmed by the City Council for the City of La Quinta, California, on the/day of , 2000. e City Council, City of La Quinta, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment and Assessment Diagram thereto attached, was recorded in my office on the IL day of M, 2000. Public Works rector/City Engineer, City of La Quinta, California MuniFinancial ii City of La Quinta 10 City of La Quinta 13 Engineer's Report ENGINEER'S REPORT ASSESSMENT DISTRICT NO.2000-1 PHASE VI IMPROVEMENTS CITY OF LA QUINTA MuniFinancial, Assessment Engineer of work for Assessment District No. 2000-1, Phase VI Improvements, writes this report, as prescribed by the City Council of the City of La Quinta in accordance with the Resolution of Intention, Resolution No. 2000-08, and pursuant to the provisions of Part 7.5 of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, which is Division 4 of the Streets and Highways Code of the state of California and the Municipal Improvement Act of 1913, which is Division 12 of the Streets and Highways Code of the state of California. The improvements, which are the subject of this report, are briefly described as follows: GENERAL DESCRIPTION OF ASSESSMENT DISTRICT 2000-1 Assessment District No. 2000-1, Phase VI Improvements includes three non-contiguous areas in the City of La Quinta. The three areas are the Village Cove section, Westward i Ho Drive, and Bottlebrush/Sagebrush/Saguaro Streets. The Village Cove Section is generally located in the area bounded by Calle Tampico on the north, Calle Sinaloa on the south, Washington Street on the east, and Eisenhower Drive on the west. The Westward Ho Drive area is bounded by Dune Palms Road on the west, Jefferson street on the east, Westward Ho Drive on the north, and the Coachella Valley Water District (CVWD) Stormwater Channel on the south. In addition, approximately 18 parcels on Vista Grande, which is south of the CVWD Channel, are included in the Westward Ho Drive section. The third area is the Bottlebrush/Sagebrush/Saguaro area. This includes the portions of Bottlebrush, Sagebrush, and Saguaro streets between Date Palm on the east and Washington Street on the west. The Assessment District No. 2000-1, Phase VI has four benefit zones, which correspond to the three areas described above. Two benefit zones are located in the Village Cove area described above. The first zone is the Village Cove Commercial section (Phase VI- A). This zone includes 85 commercial properties and one park. The second zone is the Village Cove Residential section (Phase VI-B). This zone includes 251 residential parcels. The third benefit zone is the Westward Ho Drive area (Phase VI-C). This zone includes 138 residential properties and a commercial area golf course. The fourth benefit zone is the area along Sagebrush, Bottlebrush, and. Saguaro Drives (Phase VI-D). There are 125 residential parcels in this zone. DESCRIPTION OF WORK As described above, Assessment District No. 2000-1 includes four separate benefit zones. The zones were established to reflect differences in the planned improvements and the corresponding special benefits in each zone. Parcels are assessed only for the special 131 benefits that result from the improvements in their zone. The following is a description of the planned improvements for the district. MuniFinancial City of La. Quinta 11 City of La Quinta 13 Engineer's Report SANITARY SEWER COLLECTION SYSTEM District -wide, the planned improvements to the sewer system include the design and construction of approximately 25,000 linear feet of VCP local gravity flow sewer line and 600 sewer laterals to the individual parcels to collect wastewater. Improvements to the sewer collection system are planned for each of the four benefit zones. Upon completion of these improvements, all parcels in.the District will have access to the municipal sewerage system. Property owners who then decide to abandon their existing septic system and connect to the municipal sewerage system will be responsible for constructing the extension of the lateral onto their private property. In addition, property owners who wish to connect to the municipal sewerage system will be responsible for the capacity connection charge assessed by the CVWD. BONDS Bonds representing unpaid assessments, and bearing interest at a rate not -to -exceed twelve -percent (12-percent) per annum, shall be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code), and the last installment of the bonds shall mature not -to -exceed thirty-nine (39) years from the second day of September next succeeding twelve (12) months from their date. This report includes the following attached exhibits: EXHIBIT A — Plans and specifications for improvements to be constructed. Plans and specifications are a part of this report, separately bound, and are available for review at the Office of the City Clerk. EXHIBIT B — An estimate of the cost of the improvement. EXHIBIT C — An assessment roll, showing the amount to be assessed against each parcel of real property within this Assessment District No. 2000-1, Phase VI Improvements. Each parcel is described by Assessor's Parcel Number or other designation. Each parcel is also assigned an "assessment number" for the purposes of this proceeding. EXHIBIT D — A debt limitation report showing the following: 1. The total amount of Prior Assessment Liens, as near as may be determined, of the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated for this Assessment District No. 2000-1, Phase VI Improvements, against the total area proposed to be assessed. 132 MuniFinancial 2 City of La Quinta 12 City of La Quinta 0 Engineer's Report 2. The total true value, as near as may be determined, of the parcels of land and the improvements which are proposed to be assessed by this District. EXHIBIT E — A statement of the method by which the Assessment Engineer determined the amount to be assessed against each parcel based on the special benefits to be derived by each parcel, respectively, from the improvements. EXHIBIT F — A diagram showing all of the parcels of real property within this Assessment District No. 2000-1, Phase VI Improvements. The diagram is keyed to Exhibit C by assessment number. EXHIBIT G — Proposed maximum annual assessment per parcel for current costs and expenses. EXHIBIT H — A schedule showing the rights -of -way and easements to be acquired. EXHIBIT I —A schedule showing the public property that will be included within the District. 133 MuniFinancial 3 City of La Quinta 13 City of La Quinta E3 Engineer's Report ENGINEER'S REPORT ASSESSMENT DISTRICT NO.2000-1 PHASE VI IMPROVEMENTS CITY OF LA QUINTA EXHIBIT A - PLANS AND SPECIFICATIONS PLANS AND SPECIFICATIONS The plans and specifications for the improvements for this District are voluminous and will not be bound in this Report, but by this reference, are incorporated as if attached to this Report. The plans and specifications are on file in the office of the City Engineer/Director of Public Works of the City of La Quinta. The plans and specifications for this District consist of sanitary sewer plans, underground utilities, and a perimeter wall. 1In) 4 MuniFinancial Exhibit A - Page 1 City of La Quinta 14 City of La Quinta O Engineer's Report ENGINEER'S REPORT .ASSESSMENT DISTRICT NO.. 2000-1 PHASE VI IMPROVEMENTS CITY OF LA QUINTA EXHIBIT B - COST ESTIMATE Area A Area B Area C Area D Total Construction Costs Sewer $ 220,247 $ 603,445 $ 374,802 $ 185.784 $ 1,384,278 Miscellaneous Fees Engineering Design, Construction, Administration, Contingency Design $ 12,690 $ 52,970 $ 14,336 $ 8,040 $ 88.036 Permits Fees Bonds $ 22,025 $ 60,345 $ 37,480 $ 18,578 $ 138,428 Construction Engineering $ 55,080 $ 109.610 $ 99,000 $ 65,500 $ 329.190 Construction Administration $ 18,360 $ 36,540 $ 33,000 $ 21,800 $ 109.700 Contingencies $ 22,025 $ 60,345 $ 37,480 $ 18,578 $ 138,428 Total $ 130,179 $ 319,809 $ 221.296 $ 132,497 $ 803,782 General Incidentals Bond Counsel $ 29,000 Assessment Engineer $ 65.000 City Administration $ 30.000 Printing, Advertising, Notices $ 2.500 Bond Registrar/Paying Agent $ 7.500 Pricing Official Statement Printing $ 7.000 Disclosure Counsel $ 8,000 Pricing Advisor $ 5.000 Bond Issuance Contingency $ 4,000 Total $ 158,000 Total Project Costs $ 2,346,060 Capitalized Interest, Reserve Funds, Discount Capitalized Interest - $ 28,290 Reserve Fund $ 269,000 Underwriters Discount $ 44,385 Rounding $ 2,265 Total $ 343,940 Total Assessment Amount $ 2,690,000 1;5 MuniFinanciall Exhibit B - Page 1 City of La Quinta 15 City of La Quinta 0 Engineer's Report ENGINEER'S REPORT ASSESSMENT DISTRICT NO.2000-1 PHASE VI IMPROVEMENTS CITY OF LA QUINTA EXHIBIT C - ASSESSMENT ROLL An assessment of the total amount of the costs and expenses of the improvements upon the subdivisions of land within the Assessment District No. 2000-1, Phase VI Improvements, in proportion to the estimated special benefit to be received by the subdivisions from the improvements, is set forth upon the following Assessment Roll filed with and made part of this Report. The Assessment Roll lists the assessor's parcel numbers within this Assessment District No. 2000-1, Phase VI Improvements by assessment number. The assessment numbers appearing on the Assessment Roll correspond with the subdivisions and parcels of land and their numbers shown on the Assessment Diagram (Exhibit F). I-36 MuniFinancial Exhibit C - Page 1 City of La Quinta 16 City of La Quinta 'roposed Assessment District No. 2000-1 Phase VI Improvements Preliminary Assessment Calculations Zone Asmt No Assessor's Parcel No. Total Assessment Area A Village Commercial 166 770 121 003 $17,087.23 167 770121 004 $3,387.65 168 770 121 005 $4,574.27 185 770122 001 $4,034.49 184 770122 002 $3,150.33 183 770122 003 $5,998.20 182 770122 004 $3,150.33 181 770 122 005 $3.150.33 180 770122 006 $3,150.33 179 770122 007 $3,150.33 178 770 122 008 $3,150.33 177 770122 009 $4,336.94 176 770 122 010 $3,150.33 175 770122 011 $3,150.33 i 174 770122 012 $3,150.33 173 770 122 013 0,150.33 172 770122 014 $3,150.33 ' 171 770 122 015 $3,150.33 170 770122 016 $0.00 190 770 151 001 $0.00 189 770151 002 $10,270.01 } 188 770 151 003 $0.00 r' 187 770 151 004 $0•00 186 770151 005 $0.00 191 770152 001 $4,811.59 192 770152 002 $4,574.27 193 770152 003 $4,574.27 194 770 152 004 $4,574.27 195 770152 005 $4,574.27 196 770152 006 $4,574.27 197 770152 007 $1,963.72 198 770.152 008 $1,90.72 199 770 152 009 $1,963.72 200 770 162 010 $1,963.72 335 770182 004 $9,320.72 336 770182 005 $9,083.40 337 770182 006 $10,032.69 338 770 182 008 $10,981.98 339 770-18 Lot B 3 7 $4,336.94 2 773 072 005 `� $3,862.30 Page 11714 Monday, May 01, 2000 Zone Asmt No Assessor's Parcel No. Total Assessment 4 773 072 014 $8,371.43 1 773 072 019 $0.00 3 773 072 020 $11,931.27 6 773 073 004 $4,574.27 5 773 073 005 $4,574.27 8 773 073 007 $4,574.27 9 773 073 008 $4,574.27 10 773 073 009 $4,574.27 7 773 073 010 $4,574.27 11 773 074 002 $9,385.85 14 773 075 003 $4,574.27 13 773 075 004 $4,574.27 ;t 12 773 075 005 $4,574.27 15 773 075 008. $4,574.27 16 773 075 009 $4,574.27 17 773 075 010 $4,574.27 21 773 076 002 $4,574.27. 20 773 076 003 $4,574.27 19 773 076 004 $4,574.27 i 18 773 076 005 $6,472.85 22 773 076 007 $4,574.27 25 773 076 010 $4,574.27 26 773 076 011 $6,235.52 23/24 773 076 013 $7,184.81 28 773 077 013 $10,744.65 27 773 077 014 $20,949.53 33 773 078 005 $4.574.27 32 773 078 006 $4,574.27 l 31 773 078 007 $4,574.27 { ` 30 773 078 008 $4,574.27 29 773 078 009 $4,574.27 34 773 078 033 $5,760.88 35 773 094 001 $0.00 36 773 094 002 $4,099.62 37 773 094 003 $4,099.62 38 773 094 004 $4,099.62 39 773 094 005 $4,099.62 40 773 094 006 $4,099.62 41 773 094 013 $16,440.40 54 773101 001 $4,099.62 55 773 101 002 $4,099.62 56 773101 003 $2,135.90 57 773101005 $5,695.74 58 773101 013 138 $19,525.59 Zone Total. 84 parcels $430,814.14 Pagc 2 394 Monday, May 01, 2000 Zone Asmt No Assessor's Parcel No. Total Assessment -ea B Village Residential 231 770 123 007 $4,599.42 230 770124 001 $4,599.42 229 770 124 002 $4,599.42 228 770124 003 $4,599.42 227 770124 004 $4,599.42 226 770 124 007 $4,599.42 225 770 124 008 $4,599.42 224 770125 001 $4,599.42 223 770125 002 • $4,599.42 222 770 125 003 $4,599.42 221 770125 004 $4,599.42 220 770154 002 $4,599.42 219 770 154 003 $4,699.42 218 770154 004 $4,599.42 217 770 154 005 $4,599.42 216 770154 006 $4,599.42 f 215 770154 007 $4,599.42 211 770 155 002 $4,599.42 212 770 155 003 $4,599.42 f :'t 213 770 155 004 $4,599.42 214 770 155 005 $4.599.42 207 770 155 006 $4,599.42 } 208 770 155 007 $4,599.42 209 770 155 008 $4,599.42 210 770155 009 $4,599.42 n"•,j 206 770 156 001 $4,599.42 205 770156 002 $4,599.42 204 770.156 003 $4,599.42 203 770156 004 $4,599.42 ' 202 770156 005 $4,599.42 201 770 156 066 $4,599.42 232 770161 001 $4,599.42 233 770 161 002 $4,599.42 234 770161 003 $4,599.42 235 770161004 $4,599.42 - 236 770 161 005 $4,599.42 237 770 162001 $4,599.42 238 770 162 002 $0•0 239 770162 003 240/241 770162 006 $4,599.42 253 770163 001 $4,599.42 252 770163 002 $4,599.42 251 770 163 003 $4,599.42 250 770 163 004 l :.1 $4,599.442 19 Monday, May 01, 2000 Page 3 of 14 Zone Total Assessment Asmt No Assessor's Parcel No. 249 770 163 005 $4,599.42 248 770 163 006 $4,599.42 247 770 163.007 $4,599.42 246 770 163 008 $4,599.42 245 770 163 009 $4,599.42 244 770 163 010 $4,599.42 243 770163 011 $4,599.42 242 770 163 012 $4,599.42 254 770163 013 $4,599.42 255 770 163 014 $4,599.42 256 770163 015 $4,599.42 257 770163 016 $4,599.42 l� 258 770 163 017 $4,599.42 259 770163 018 $4,599.42 260 770163 019 $4,599.42 261 770163 020 $4,599.42 262 770163 021 $4,599.42. 263 770163 022 $4,599.42 264 770 163 023 $4,599.42 265 770163 024 $4,599.42 277 770 164 001 $4,599.42 276 770 164 002 $4,599.42 275 770 164 003 $4,599.42 274 770164 004 $4,599.42 273 770164 005 $4,599.42 272 770164 006 $4,599.42 ��4 271 770 164 007 $4,599.42 t 270 770164 008 $4,599.42 269 770164 009 $4,599.42 268 770164 010 $4,599.42 267 770164 011 $4,599.42 266 770164 012 $4,599.42 278 770164 013 $4,599.42 279 770164 014 $4,599.42 280 770164 015 $4,599.42 281 770164 016 $4,599.42 282 770164 017 $4,599.42 283 770164 018 $4,599.42 284 770 164 019 $4,599.42 >+ 285 770164 020 $4,599.42 286 770164 021 $4,599.42 287 770164 022 $4,599.42 288 770 164 023 $4,599.42 289 7701.64 024 $4,599.42 301 770 165 001 .42 Page 4 0fQ4 Monday, May 01, 2000 Zone Asmt No Assessor's Parcel No. Total Assessment 300 770 165 002 $4,599.42 299 770 165 003 $4,599.42 298 770 165 004 $4,599.42 297 770 165 005 $4,599.42 296 770 165 006 $4,599.42 295 770 165 007 $4,599.42 294 770165 008 $4,599.42 293 770165 009 $4,599.42 292/291 770165 010 $4,599.42 290 770 165 011 $4,599.42 302 770165 012 $4,599.42 303 770 165 013 $4,599.42 304 770165 014 $4,599.42 sue. 305 770165 015 $4,599.42 306 770 165 016 . $4,599.42 307 770165 017 $4,599.42 308 770 165 018 $4,599.42 309 770165 019 $4,599.42 310 770 165 020 $4,599.42 311 770 165 021 $4,599.42 312 770 165 022 .$4,599.42 313 770165 023 $4,599.42 322 770 166 001 $4,599.42 321 770166 002 $4,599.42 F� 320 770 166 003 $4,599.42 319 770166 004 $4,599.42 a- 318 770166 005 $4,599.42 -:z 317 770 166 006 $4,599.42 316 770166 007 $9,198.84 331 770 166 008 $3,590A2 333 770166 009 $4,599.42 334 770166 010 $4,599.42 315 770166 011 $4,599.42 314 770 166 012 $4,599.42 323 - 770166 013 $4,599.42 324 770166 014 $4,599.42 325 770166 015 $4,599.42 326 770 166 016 $4,599.42 327 770166 017 $4,599.42 328 770166 018 $4,599.42 329 770166 019 $4,599.42 330 770166 020 $4,599.42 332 770 166 021 $4,599.42 42 773 092 008 1 $4,599.42 141 43 773 092 009 i 1 $4,599.42 Page 5 Wf14 Monday, May 01, 2000 Zone Asmt No Assessor's Parcel No. Total Assessment 44 773 092 012 $4,599.42 45 773 093 001 $4,599.42 46 773 093 002 $4,599.42 47 773 093 003 $4,599.42 48 773 093 004 $4,599.42 53 773 093 005 $4.599.42 52 773 093 006 $4,599.42 51 773 093 007 $4,599.42 50 773 093 008 $4,699.42 49 773 093 009 $4,599.42 60 773 102 003 $4,599.42 61 773102 004 $4,590.42 62 773 102 005 $4,599.42 67 773102 006 $4,599.42 66 773 102 007 $4,599.42 65 773102 008 $4,699.42 64 773 102 009 $4,599.42 ! 63 773102 010 $4,599.42 —~ 59 773 102 011 $4,599.42 68 773103 001 $4,599.42 69 773103 002 $4,599.42 70 773 103 003 $4,599.42 71 773 103 004 $4,599.42 e ss 72 773103 005 $4,599.42 73 773 103 006 $4,599.42 80 773103 007 $4,599.42 C 79 773 103 008 $4,599.42 78 773103 009 $4,599.42 77 773103 010 $4,599.42 76 773103 011 $4,599.42 75 773103 012 $4,599.42 :.;. 74 773 103 013 $4,599.42 81 773104 005 $4,599.42 82 773104 006 $4,599.42 83 773 104 007 $4,599.42 84 773104 008 $4,599.42 85 773 104 009 $4,599.42 86 773104 010 ' $4,599.42 87 773104 011 $4,599.42 88 773104 012 $4,599.42 i z' 89 773141 001 $2,299.71 90 773141 002 $2,299.71 91 773141 00342 t $4,599.42 92 773141004 j $4,599.42 93 773 141 005 $4,599.42 Monday, May 01, 2000 Page 6 0?Sf Zone Asmt No Assessor's Parcel No. Total Assessment 94 773 141 006 $4,599.42 95 773 141 007 $4,599.42 98 773 141 010 4,4,*WW.42 99 773142 001 $4,599.42 100 773 142 002 $4,599.42 101 773 142 003 $4,599.42 102 773142 004 $4,599.42 103 773 142 005 $4,599.42 104 773142 006 $2,299.71 105 773 142 007 $2,299.71 106 773 142 008 $4,599.42 107 773142 009 $4,599.42 108 773 142 010 $4,599.42 116 773142 015 $4,699.42 115 773142 016 $4,599.42 114 773 142 017 $4,599.42 113 773 142 018 $4,599.42 112 773 142 019 $4,599.42 111 773 142 020 $4,599.42 110 773 142 021 $4,599.42 109 773142 022 $4,599.42 117 773142 025 $4,599.42 118 773 143 001 $4,599.42 119 773 143 002 $4,599.42 120 773 143 003 $4,599.42 121 773143 004 $4,599.42 122 773143 005 $4,599.42 124 773 143 008 $4,599.42 125 773 143 009 $4,599.42 126 773 143 010 $4,599.42 136 773 143 013 $4,599.42 135 773143 014 $4,599.42 134 773 143 015 $4,599.42 133 773143 016 $4,599.42 132 773 143 017 $4,599.42 131 773 143 018 $4,599.42 130 773 143 019 $4,599.42 ,1 129 773 143 020 $4,599.42 128 773143 021 $4,599:42 127 773 143 M2 $4,599.42 123 773 143 025 t $4,599.42 1 3$4,599.42 137 773144 001 138 773 144 002 $4,599.42 Page 7 e ?4 Monday, May 01, 2000 Zone Asmt No Assessor's Parcel No. Total Assessment 139 773144 003 $4,599.42 140 773144 004 $4,599.42 141 773144 005 $4,599.42 142 773 144 006 $4,599.42 143 773144 007 $4,599.42 144 773 144 008 $4,599.42 145 773144 009 $4,599.42 146 773144 010 $4,599.42 156 773144 013 $4,599.42 155 773144 014 $4,599.42 154 773144 015 $4,599.42 153 773 144 016 $0•00 152 773144 017 $4,599.42 151 773144 018 $4,599.42 150 773 144 019 $4,599.42 149 773144 020 $4,599.42 148 773144 021 $4,599.42 147 773 144 022 $4,599.42 157 773 145 001 $4,599.42 158 773145 002 $4,599.42 ? 159 773145 003 $4,599.42 161 773 145 006 $4,599.42 162 773 145 007 $4,599.42 —, 163 773145 008 $4,599.42 164 773 145 009 $4,599.42 165 773145 010 $4,599,42 160 773 145 026 $4,599.42 Zone Total. 251 parcels $1,135,04828 Area C Westward Ho 471 I 470 469 468 467 454 453 452 451 450 449 448 447 446 445 444 Monday, May 01, 2000 649 040 001 $4,988.99 649 040 004 $9,065.88 649 040 005 $9,065.88 649 040 006 $9,065.88 649 040 007 $28,53824 649 051 001 $4,988.99 649 051 002 $4,988.99 649 051 003 $4,988.99 649 051 004 $4,988.99 649 051 005 $4,988.99 649 051 006 $4,988.99 649 051 007 $4,988.99 649 051 008 $4,988.99 649 051 009 $4,988.99 1 4 649 051 010 $4,988.99 649 051 011 $4,988.99 24 Page 8 of 14 Zone Asmt No Assessor's Parcel No. Total Assessment 443 649 051 012 $4,988.99 442 649 051 013 $4,988.99 441 649 051 014 $4,988.99 440 649 051 015 $4,988.99 455 649 052 001 $4,988.99 456 649 052 002 $4,988.99 457 649 052 003 $4,988.99 458 649 052 004 .$4,988.99 459 649.052 005 $4,988.99 460 649 052 006 $4,988.99 461 649 052 007 $4,988.99 462 649 052 008 $4,988.99 466 649 052 013 $4,988.99 465 649 052 014 $4,988.99 464 649 052 018 - $4,988.99 463 649 052 019 $4,988.99 396 649 061 001 $4,988.99 395 649 061 002 $4,988.99 . 394 649 061 003 $4,988.99 393 649 061 004 $4,988.99 392 649 061 005 $4,988.99 391 649 061 006 $4,988.99 390 649 061 007 $4,988.99 389 649 061 008 $4,988.99 388 649 061 009 $4,988.99 397 649 061 010 $0•00 398 649 061 011 $4,988.99 399 649 061 012 $4,988.99 400 649 061 013 $4,988.99 401 649 061 014 $4,988.99 402 649 061 01.5 $4,988.99 403 649 061 016 $4,988.99 1 s Monday, May 01, 2000 649 061 020 $4,988.99 3 649 062 001 $4,988.99 2 649 062 002 $4,988.99 1 649 062 003 $4,988.99 p 649 062 004 $4,988.99 9 649 062 005 $4,986.99 B 649 062 006 $4,988.99 5 649 062 007 $12,230.67 6 649 062 008 1 J $4,988.99 4 649 062 012 $020 Page 9 of 14 Zone Total Assessment Asmt No Assessor's Parcel No. 429 649 062 013 $4,988.99 427 649 062 021 $0.00 428 649 062 022 $4,988.99 437 649 063 002 $4,988.99 436 649 063 004 $4,988.99 430 649 063 009 $4,988.99 431 649 063 010 $4,988.99 432 649 063 011 $4,988.99 433 649 063 012 $4,988.99 434 649 063 013 $4,988.99 435 649 063 014 $4,988.99 438 649 063 015 $4,988.99 439 649 063 016 $4,988.99 387 649 071 001 $4,988.99 386 649 071 002 $4,988.99 M5 649 071 003 $4,988.99 384 649 071 004 $4,988.99 383 649 071 005 $4,988.99 382 649 071 006 $4,988.99 381 649 071 007 $4,988.99 380 649 071 008 $4,988.99 378 649 071 009 $4,988.99 377 649 071 010 $0.00 376 649 071 011 $4,988.99 375 649 071 012 $4,988.99 374 649 071 013 $4,988.99 373 649 071 014 $4,988.99 f 372 649 071 015 $4,988.99 371 649 071 016 $4,988.99 370 649 071 017 $4,988.99 - 369 649 071 018 $4,988.99 368 649 071 019 $4,988.99 367 649 071 020 $4,988.99 366 649 071 021 $4,988.99 408 649 071 022 $4,988.99 409 649 071 023 $4,988.99 410 649 071 024 $4,988.99 411 649 071 025 $4,988.99 412 649 071 026 $0•00 413 649 071 028 $4,988.99 379 649 071 029 $0.00 414 649 071 030 $4,988.99 415 649 071 031 1 A CV $4,988.99 416 649 071 032 $4,988.99 417 649 071 033 $4,988.99 Page 104 Monday,.May 01, 2000 Zone Asmt No Assessor's Parcel No. Total Assessment 355 649 080 001 $4,988.99 354 649 080 002 $4,988.99 353 649 080 003 $4,988.99 352 649 080 004 $4,988.99 351 649 080 005 $4,988.99 350 649 080 006 $4,988.99 349 649 080 007 $4,988.99 348 649 080 008 $4,988.99 347 649 080 009 $4,076.89 346 649 080 010 $0.00 345 649 080 011 $4,076.89 356 649 080 013 $13,142.78 357 649 090 001 $4,988.99 358 649 090 002 $4,968.99 359 649 090 003 $4,988.99 360 649 090 004 $4,988.99 361 649 090 005 $4,988.99 362 649 090 006 $4,988.99 363 649 090 007 $4,988.99 364 649 090 008 $4,988.99 365 649 090 009 $4,988.99 472 .649141001 $0.00 473 649 141 002 $4,988.99 474 649 141 003 $4,988.99 . 475 649141 004 $4,988.99 476 649 141 005 $4,988.99 477 649 141 006 $4,988.99 478 649 141 007 $4,988.99 479 649 141 008 $4,988.99 480 649141 009 $4,988.99 j 489 649 142 001. $4,988.99 488 649 142 002 $4,988.99 487 649 143 001 $4,988.99 486 649 143 002 $4,988.99 485 649143 003 $4,988.99 484 649 143 004 $4,988.99 483 649144 001 $4,988.99 482 649 144 002 $4,988.99 481 649144 003 $4,988.99 Zone Total: 145 parcels $732,843.25 Area D Saguaro/Sagebrush 490 646 070 009 $3,500.82 491 646 070 010 $3,500.82 492 646 070 011 $3,500.82 516 646 311 001 $0•00 Page 11 474 Monday, May 01, 2000 Zone. Total Assessment Asmt No Assessor's Parcel No. 515 646 311 002 $1,213.12 514 646 311 003 $1,213.12 513 646 311 004 $0.00 512 646 311 005 $0.00 511 646 311 006 $1,213.12 510 646 311 007 $0.00 509 646 311 008 $1,213.12 508 646 311 009 $0.00 507 646 311 010 $0.00 506 646 311 012 $0.00 505 646 311 013 $1,213.12 504 646 311 014 $1,213.12 i 503 646 311 015 $1.213.12 502 646 311 016 $1,213.12 501 646 311 017 $3,500.82 500 646 311 018 $3,500.82 z 499 646 311 019 $3,500.82 498 646 311 020 $3,500.82 497 646 311 021 $3,500.82 496 646 311 022 $3,500.82 495 646 311 023 $3,500.82 494 646 311 024 $3,500.82 493 646 311 025 $3,500.82 540 646 311 026 $3,500.82 539 646 311 027 $3,500.82 538 646 311 028 $3,500.82 537 646 311 029 $3,500.82 536 646 311:030 $3,500.82 535 646 311 031 $3,500.82 534 646 311 032 $3,500.82 533 646 311 033 $3,500.82 532 646 311 034 $3,500.82 531 646 311 035 $3,500.82 530 646 311 036 $3,500.82 529 646 311 037 $3,500.82 528 646 311 038 $3,500.82 527 646 311 039 $3,500.82 526 646 311 040 $3,500.82 525 646 311 041 $3,500.82 524 646 311 042 $3,500.82 523 646 311 043 $3,500.82 522 646 311 044 $3,500.82 521 646 311 045 $3,500.82 520 646 311 046 148 $3,500.82 519 646 311 047 $3,600.82 Page 12 0??4 Monday, May 01, 2000 Zone Asmt No Assessor's Parcel No. Total Assessment 518 646 311 048 $3,500.82 517 .646311049 $3,500.82 563 646 312 003 $3,500.82 562 646 312 004 $3,500.82 561 646 312 005 $3,500.82 560 646 312 006 $3,500.82 559 646 312 007 $3,500.82 558 646 312 008 $3,500.82 557 646 312 009 $3,500.82 556 646 312 010 $3,500.82 555 646 312 011 $3,500.82 554 646 312 012 $3,500.82 ' 553 646 312 013 $3,500.82 552 646 312 014 $3,500.82 551 646 312 015 $3,500.82 550 646 312 016 $3,500.82 549 646 312 017 $3,500.82 648 646 312 018 $3,500.82 547 646 312 019 $3,500.82 546 646 312 020 $3,500.82 545 646 312 021 $3,500.82 y 544 646 312 022 $3,500.82 543 646 312 023 $3,500.82 542 646 312 024 $3,500.82 541 646 312 025 $3,500.82 pp 590 646 312 026 $3,500.82 589 646 312 027 $3,500.82 588 646 312 028 $3,600.82 587 646 312 029 $3,500.82 586 646 312 030 $3,500.82 585 646 312 031 $3,500.82 584 646 312 032 $3,500.82 583 646 312 033 $3,500.82 582 646 312 034 $3,500.82 581 646 312 035 $3,500.82 580 646 312 036 $3,500.82 579 646 312 037 $3,500.82 578 646 312 038 $3,500.82 577 646 312 039 $3,500.82 576 646 312 040 $3,500.82 575 646 312 041 $3,500.82 574 646 312 042 $3,500.82 .i 573 646 312 043 $3,500.82 572 646 312 044 1 /� 3 $3,500.82 571 646 312 045 $3,500.822 Page.13 494 Monday, May 01, 2000 Zone Asmt No Assessor's Parcel No. Total Assessment 570 646 312 046 $3,500.82 569 646 312 047 $3,500.82 568 646 312 048 $3,500.82 564 646 312 051 $1,760.41 565 646 312 052 $1,750.41 566 646 312 053 $1,750.41 567 646 312 054 $1,750.41 614 646 313 001 $3,500.82 615 646 313 002 $3,500.82 613 646 313 003 $3,500.82, 612 646 313 OW $3,500.82 611 646 313 005 $3,500.82 610 646 313 006 $3,500.82 609 646 313 007 $3,500.82 608 646 313 008 $3,500.82 607 646 313 009 $3,500.82 606 646 313 010 $3,500.82. 605 646 313 011 $3,500.82 604 646 313 012 $3,500.82 603 646 313 013 $3,500.82 602 646 313 014 $3,500.82 601 646 313 015 $3,500.82 600 646 313 016 $3,500.82 599 646 313 017 $3,500.82 598 646 313 018 $3,500.82 597 646 313 019 $3,500.82 596 646 313 020 $3,500.82 595 646 313 021 $3,500.82 594 646 313 022 $3,500.82 593 646 313 023 $3,500.82 592 646 313 024 $3,500.82 591 646 313 025 $3,500.82 Zone Total. 126 parcels $391,294.35 Totals: 606 parcels $2,690,000.02 1 . )0 30. Monday, May 01, 2000 Page 14 of r4 City of La Quinta E3 Engineer's Report ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 2000-1 PHASE VI IMPROVEMENTS CITY OF LA QUINTA EXHIBIT D - DEBT LIMITATION REPORT Prior assessment liens for the properties located within Assessment District No. 2000-1, Phase VI Improvements, totals $5,973. The total proposed assessment lien for Assessment District No. 2000-1, Phase Vl Improvements, equals $2,690,000. The gross property valuation for properties located within Assessment District No. 2000-1, Phase VI Improvements, totals $46,838,556. One-half of the gross valuation for properties within Assessment District No. 2000-1, Phase VI Improvements, totals $23,419,278. MuniFinancial Exhibit D - Page 1 City of La Quinta 31 City of La Ouinta O Engineer's Report ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 2000-1 PHASE VI IMPROVEMENTS CITY OF LA QUINTA EXHIBIT E - METHOD OF ASSESSMENT BACKGROUND The law requires that assessments levied pursuant to the Municipal Improvement Act of 1913 be based on the benefit properties receive from the Works of Improvement. However; the law does not specify the method or formula that should be used to apportion the assessments in Assessment District No. 2000-1, Phase VI Improvements proceedings. In addition, Articles IIIC and IIID of the California Constitution require that only special benefits are assessable, that no assessment may exceed the proportional special benefit conferred on the parcel assessed and that publicly owned parcels shall not be exempt from assessment unless clear and convincing evidence demonstrates that such public owned parcels receive no special benefits from the improvements or services for which the assessment is levied. Special benefit is a particular and distinct benefit over and above general benefits conferred to the public at large on real property located in the district. General enhancement of property value does not constitute special benefit. It is necessary to identify the benefit that the Works of Improvement will render to the properties within the Assessment District No. 2000-1, Phase VI Improvements. It is also necessary that the properties receive a special and direct benefit as distinguished from general benefit to the general public. t The responsibility rests with the Assessment Engineer who is appointed for the purpose of analyzing the facts and determining the method or formula for apportionment (spread) of the assessment obligation to the benefitted properties. For these proceedings, the City has retained the firm of MuniFinancial as the Assessment Engineer. The Assessment Engineer makes the recommendation for the method of apportionment at the public hearing. The final authority and action rest with the City Council after hearing all testimony and evidence presented at the public hearing and the tabulation of assessment ballots. Upon conclusion of the public hearing, the City Council must make the final action in determining that the assessment has been made in direct proportion to the benefit received. Ballot tabulation will then be completed, and if a majority of ballots, weighted by assessment amount, are in support of the assessment, then the City Council may establish the District. 1.52 MuniFinancial Exhibit E - Page 1 City of La Quinta 32 City of La Quinta 13 Engineer's Report BENEFIT The improvements to the District include the construction of a sanitary sewer system. The benefits attributable to these improvements will be discussed below. Sanitary Sewer System Benefits Planned improvements in all four benefit zones include improvements to the sanitary sewer collection system. These improvements include construction of local gravity flow sewer lines and laterals connecting individual parcels to the sewer lines. When completed, all parcels in each of the four benefit zones will have access to the municipal sewerage system. Property owners will then have the ability to abandon their existing septic system. The benefit to the properties assessed is the availability of a sanitary sewer system. The proposed sewer system is a superior method of collection because it eliminates potential sewage overflows and gray water discharge associated with septic systems. In addition, the potential health risks associated with septic tanks and underground disposal will be eliminated. The availability of a sanitary sewer system provides a direct and special benefit limited to the properties served by the new system. Because the proposed improvements do not provide benefit to properties outside the District, no allocation of general benefit is required. METHOD OF ASSESSMENT Below is a discussion of the assessment method used for the sewer system improvements. Sanitary Sewer System The method of assessment is determined by an analysis of the benefit a property receives rather than the specific cost of providing improvements to an individual property. The benefit of the sanitary sewer system is the availability of the collection system to convey the effluent from each property in the District to the treatment facility. The sewer system is designed according to engineering criteria to convey the expected peak flow from the individual property. Expected sewage generation is used in the planning stage to size the collection system. The District includes four benefit zones. Three of the benefits zones are comprised of residential properties (Village Cove Residential Phase VI-B, Westward Ho Phase VI-C, and Sagebrush/Bottlebrush/Saguaro Phase VI-D), and the fourth zone (Village Cover Commercial Phase VI -A) is comprised of commercial properties. The method of assessment for the sanitary sewer system differs for the commercial zone and the three residential zones. 153 MuniFinancial Exhibit E - Page 2 City of La Quinta 33 City of La Quinta 0 Engineer's Report Residential Benefit Zones Three of the benefit zones contain residential properties. In these zones, the costs of the sewer system gravity flow lines will be apportioned equally to each residential parcel receiving access to the sewer system as a result of the District -funded improvements. Certain areas of the District already have access to sewer service. Parcels that already have access to the sewer system are not included in the apportionment of the costs for the sewer gravity flow lines. The exception to this method occurs in the Westward No area (Phase VI-C). This area contains a large undeveloped parcel (Assessment #467) along Roadrunner Drive. Because, this parcel could be split into a larger number of residential units in the future, this parcel has been apportioned seven equivalent units of special benefit. Similarly, assessment numbers 468, 469, 470, and 471 have been apportioned two equivalent units of special benefit for the same reason. The planned sewer improvements also include the construction of sewer laterals connecting individual properties to the sewer lines. Each parcel that is provided a lateral funded by the District will be assessed for lateral costs. (Those parcels that already have access to the sewer system but do not currently have a sewer lateral will be provided a lateral and will be assessed only for the lateral costs.) Commercial Benefit Zone The remaining benefit zone — Village Cove Commercial Phase VI -A — contains commercial properties and a public park. For non-residential properties, the expected sewage generation varies directly with lot size. The apportionment of the sewer gravity flow lines in this benefit zone is therefore based on parcel acreage. The Village Cove Commercial area includes a park. Although the park is in the commercial zone it does not have the same potential and need for sewer service. The park has two restrooms that will be provided access to the new sewers. These two restrooms are equivalent to two dwelling units. Therefore, the special benefit and the assessment amount for the park site will be two equivalent dwelling units. The planned sewer improvements in this benefit zone also include the construction of sewer laterals connecting individual properties to the sewer lines. Parcels that are provided a lateral funded by the District will be assessed for lateral costs. (Those parcels that already have access to the sewer system but do not currently have a sewer lateral will be provided a lateral and will be assessed only for the lateral costs.) 154 MuniFinancial Exhibit E - Page 3 City of La Quinta 34 City of La Quinta 13 Engineer's Report Conclusion In conclusion, it is my opinion that the assessments for Assessment District No. 2000-1, Phase VI Improvements are allocated in accordance with the direct and special benefit that the land receives from the Works of improvement. MuniFinancial Assessment Engineer CITY OF LA QUINTA State of California Signed by FM6hard L. Kopecky, P.E. 4E 16742 1 155 MuniFinancial Exhibit E - Page 4 City of La Quinta 35 City of La Quinta O Engineer's Report ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 2000-1 PHASE VI IMPROVEMENTS CITY OF LA QUINTA EXHIBIT F - ASSESSMENT DIAGRAM A Diagram showing the Assessment District No. 2000-1, Phase VI Improvements, the boundaries, and the dimensions of the subdivisions of land within the Assessment District No. 2000-1, Phase VI Improvements as they existed at the time of the passage of the Resolution of Intention is filed with and made a part of this Report and part of the assessment. Each of the subdivisions of land, parcels, or lots have been given a separate number on the Assessment Diagram, which corresponds with the assessment number shown on the Assessment Roll (Exhibit C). The Assessment Diagram in a reduced -scale format follows. 156 MuniFinancial Exhibit F - Page 1 City of La Quinta 36 SHEET I OF 6 PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 2000-1 (PROPOSED PHASE VI IMPROVEMENTS) City of La Oulnta County of FWerafde State of Callorr" NOTE: REFER TO THE RIVERSIDE COUNTY ASSESSOR'S LATEST ASSESSOR PARCEL MAPS FOR A DETAILED DESCRIPTION OF THE LINES AND DIMENSIONS OF ANY PARCELS. SAID MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF THE PARCELS. FOR DETAILS ON UTILITIES. REFER TO THE UTILITY PLANS ON FILE WITH THE CITY OF LA QUINTA. FILED THIS DAY OF _____ ,20 _ , AT THE HOUR OF _____ O'CLOCK __ BOOK ________ OF MAP_S OF ASSESSMENTS AND COMMUNITY FACILITIES DISTRICTS AT PAGE(S) __, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. COUNTY RECORDER COUNTY OF RIVERSIDE RECORDED IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF LA OUINTA THIS DAY OF . 20 _ . CITY ENGINEER CITY OF LA OUINTA FILED IN THE OFFICE OF THE CITY CLERK THIS _ DAY OF , 20 I HEREBY CERTIFY THAT THE WITHIN MAPS SHOWING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 2000-1. CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. WAS APPROVED BY THE CITY. COUNCIL OF LA OUINTA AT A REGULAR MEETING THEREOF, HELD ON THE DAY OF . 20_. BY ITS RESOLUTION NO. CITY CLERK CRY OF LA OUINTA 1,17 7 SHEET 2 Of 6 PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 2000-1 (PROPOSED PHASE VI IMPROVEMENTS) city of La ounta County of riverside State of Ceiforr" C A L L E T A M P I C O 1 i — —�— — Z I w --I-- I- O ®-- > --I-- © Q N © 16 19 ® o ® -- o --�-- tD o => Q — -1 z t t3 `> � s I i�� `'' I I I Z 31 I 000 I w t O P M / l o P•► I I 2v4t J= I I q LJ I I 1 1W1 I„ I 1 I I I E•-- — ® O9 I I � _ I 46 ® -� 65 E -®- J C-(2ig> © 0 C A L L E H I D A L G 0 9 C A L L E S I N A L O A F-----) r-----) (-----) r------) (----� ZONES A AND B 25 too 0 50 200 400 co LL o W \ W (n oI z to LEGEND: .� .. _ gS110CT 6ouroaT - ,.,R of .!•.�. ,2ASSESSUM MUMM1 SHEET 3 OF 6 I PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 2000-1 (PROPOSED PHASE VI IMPROVEMENTS) City of La Ouinta County of Riverside State of California 1 (---------- 1'----T------ 1-----r---^� �----T-----I-----r•---- I I 1 1 1 I 1 1 __1y I 1 I 1 1 \ 1 I L__--1— > ✓ �/ i i I I i � BUEN 227 228 yENTU 229 230 11 --T I 1 I I t __1y I I 1 1 I I I I I 1 I - 1 _ 1� -- i r I I I l t i t l l l 766 11 1 I 1 1 1 1 , •1'-1—rrl 1 1 1 1 1 I 1 I 1 1 1 IQ1 1 I I it AVENIDA 167 _ LA FpNpq s s I Iw _ 170 Im IM 1 , , .189 188 a^D I � 186 i I 220 219 218 217 Q0___ i s C A L L E E S T A D O CALLS FORTUNA I�---r1 I j I a, a, 198 200 0000000 0 �? 217 o 272 0 213 0 214 0 C,L_i; 210 209 208 207 Lif m I LTLJ CALLE :3 CADIZ J --_y 1 1 i I 1 t I 201 202 203 204 1 _1 1 I LJJ I I 1 1 - i RCELOpiA CALLE 6P I , 1 --- 1 ¢ 1 1 I � Uj j 335 336 337 338 0 In W ---� Z Iw 206 --- U) > 25 100 1 ¢ CALLE AM/Gp 0 50 200 400 1 i LEGEND: --- - _. DWRICr BOUMW - URE OF BENFl. ---� 52 nd AVENUE ZONES A AND B 12 T.. __ 39 PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 2000-1 (PROPOSED PHASE VI IMPROVEMENT'S)- CNy of La Ouinta County of Rivertti& State of CaHornia I A V E N I D A 1 L A— J F O N D A , — — 232 278 301 302 322 323 LL- 253 254 277 {— I — r Quj 233 ¢ 252 255 276 279 300 303 321 324 325 � — � wo: 1� // / 234 < 251 256 � 75 280 299 304 305 ¢ m 320 379 326 ' 235 r 250 257 Z 274 281 298 ' i N 2 249 258 Li36 273 282 O 297 308 U 318 327 _ -- c� 248 259 = 272 283 298 307 ¢ 317 - 328 I¢ W- ' �.IJ __- 237 W 247 260 W 171 284 285 w 295 284 O 308 309 O _ 329 330 ZO � 238 � < 246 O 245 261 O 262 � < 270 O 269 286 J < 293 310 W J _ 316 331 ' I I 239 244 263 268 287 c� 92-(E)c¢.1 _ 332 ' I¢ — z w 240 243 284 267 288 - 291 312 15 333 _ LLJ 242 265 266 289 290 313 314 334 N ¢ A V E N I D A N U E S T R A 25 100 0 50 200 400 U. LEGEND: .. 0STM= 80UMW - u nM OF BEWU 128 A4565NlM HUA88t ZONES A AND B SHEET 4 OF 6 ' 60 I 1 1 I I I 1 I I I I 0 I S.M., S OF 6 PROPOSED BOUNDARIES OF ASSESSMENT DIST RICT NO. 2000-1 (PROPOSED PHASE VI IMPROVEMENTS) City of La CAsvta M County of Fdver6de State of Celfornia J ' O r 3 6 ® •7 y .7 5• • i S {7 .7 f 7 ® J E F F E R S O N S T R E E T 7 7 7 7 ®i {Il � 1 ® qD ® ® 43 ® {� ®. ® 5 .3 .3 ROADRUNNER LANE I � u 0 ROUOEL LAME t68 a69 LEG ND• ' ♦71 t2 ff wwom DUNE PALMS ROAD ZONE C 41 1b1 PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 2000-1 (PROPOSED PHASE VI IMPROVEMENTS) W x s m a City of La Ouitta County of Rversida State of Camorttia N OAtE P" a93 Sao 1 1 a9a 539 I495 538 1 a96 537 1 I 497 536 a98 535 1 1 499 534 I500 533 1 501 532 1 502 53t 503 530 � 1 1 504 529 � I505 528 N cr 1 506 527 m I� 507 525 m 1 1 508 52a I_ 509 _ 523 1 570 522 1 Sit 527 I 572 520 1 1 513 519 I514 518 515 517 1 � I i 5/6 WASHINGTON STREET LEGEND: .. pSTUCT "oR. - inns or �anr �28 ZONE D SNEET 6 Of 6 23 100 FEET 0 50 200 400 162 42 City of La Quinta 13 Engineer's Report ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 2000-1 PHASE VI IMPROVEMENTS CITY OF LA QUINTA EXHIBIT G — MAXIMUM ANNUAL ADMINISTRATIVE COST ADD -ON In addition to or as a part of the assessment lien levied against each parcel of land within the District, each parcel of land shall also be subject to an annual administrative cost add - on to, pay costs incurred by the City and not otherwise reimbursed which results from the administration and collection of assessments or from the administration or registration of any bonds and/or reserve or other related funds. The maximum total amount of such annual administrative cost add -on for the entire Assessment District will not exceed $30,000, subject to an increase annually be the positive change, if any, in the consumer price index for the Riverside area. Each parcel's share of the administrative cost add -on shall be computer based on the parcel's proportionate share of its.annual assessment. Munifinancial Exhibit G — Page 1 City of La Quinta 163 43 City of La Quinta ❑ Engineer's Report ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 2000-1 PHASE VI IMPROVEMENTS CITY OF LA QUINTA EXHIBIT H — RIGHT-OF-WAY There are no right-of-way and easements to be acquired in Assessment District 2000-1. 1P,4 Munifinancial Exhibit H — Page 1 City of La Quinta 44 City of La Quinta ❑ Engineer's Report ENGINEER'S REPORT ASSESSMENT DISTRICT NO.2000-1 -- PHASE VI IMPROVEMENTS CITY OF LA QUINTA EXHIBIT I - PUBLIC PROPERTIES Following is a list of the public properties included in Assessment District 2000-1. 165 Munifinancial Exhibit I — Page 1 City of La Quinta 45 City of La' Quinta 0 Engineer's Report ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 2000-1 PHASE VI IMPROVEMENTS CITY OF LA QUINTA Assessment Number APN Owner Total Assessment 165 773145010 City Of La Quinta $4,599.42 339 770-18 Lot B City Of La Quinta $4,336.94 516 646311001 City Of La Quinta $0.00. 614 646313001 City Of La Quinta $3,500.82 615 646313002 City Of La Quinta $3,500.82 11 773074002 Coachella Valley Recreation; Parks District $9,385.85 481 649144003 CVW D $4988.99 482 649144002 CVW D $4988.99 591 646313025 CVW D 3500.82 592 646313024 CVWD 3500.82 231 770123007 La Quinta Redevelopment Agency 4599.42 29 773078009 La Quinta Redevelopment Agency 4574.27 30 773078008 La Quinta Redevelopment Agency 4574.27 81 773104005 La Quinta Redevelopment Agency 4599.42 82 773104006 La Quinta Redevelopment Agency 4599.42 54 773101001 La Quinta Historical Society 4099.62 55 773101002 La Quinta Historical Society 4099.62 56 773101003 1 La Quinta Historical Society 2135.90 Munifinanciai Exhibit I — Page 2 City of La Quinta 46 a 2 V = ~9 OF iKF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: November 1, 2005 BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution Granting CONSENT CALENDAR: ! Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31681-2, STUDY SESSION: Coral Mountain, Coral Option I, LLC PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 31681-2, Coral Mountain, Coral Option I, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31681-2 is located south of Avenue 58 and east of Madison Street (see Attachment 1). This residential development will consist of 87 residential lots; on approximately 154.5 acres (see Attachment 2). On July 6, 2004, the Council approved Tentative Tract 31681. The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects that the associated securities and all signatures will be in place within the time allowed for its conditional approval. 1�i As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (December 1, 2005), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: 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 Tract Map No. 31681-2, Coral Mountain, Coral Option I, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31681-2, Coral Mountain, Coral Option I, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, Ti othy R. o as o , P.E. blic Works it or/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 16S 2 RESOLUTION NO. 2005-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 31681-2, CORAL MOUNTAIN, CORAL OPTION I, LLC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. 16 93 Resolution No. 2005- Tract Map No. 31681-2, Coral Mountain Adopted: November 1, 2005 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map 31681-2 is conditionally approved provided the subdivider submits all required items on or before December 1, 2005. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act, and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on December 1, 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 1 '7 4 Resolution No. 2005- Tract Map No. 31681-2, Coral Mountain Adopted: November 1, 2005 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1 st day of November, 2005, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 171 5 LAKI CAH' ATTACHMENT 1 VICINITY MAP NTS (REF.: Thomas Bros. Maps, 2003 NOS. 5530 & 5590) 1'72 IN THE CITY OF LA GUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 1 OF 11 SHEETS TRACT NO. 31681-2 RECORDER'S STATEMENT A SUBDIVISION OF A PORTION OF SECTION 27, TOWNSHIP 6 SOUTH, RANGE 7 EAST S.B.M. AND PORTIONS OWNERS STATEMENT OF PARCELS 'A' AND '8' OF LOT LINE ADJUSTMENT NO. 2002-390. AS RECORDED FEBRUARY 13. 2003. IN DOCUMENT 2003-102524 O.R. FILED THIS —DAY OF OF 2005 AT JULY, 2004 LUDWIG ENGINEERING AT IN BOOK OF M E ARE WNEM� Of THE RAND RYHATSMETCONSEN1Wi0 THETMAKOING AN RECORDING OFNTHIS SUBDIVISION NAP I�SVItSHDMI WITHIN TFE `HEREON' THAT WE AR iMION E ONLY PERSONS WHO CONSENT S NE ESSARY TO PASSLUDE. WITHIN THE AR iLE T AI oISTYNCTIVE BORDER LINE. WE HEREBY DEDICATE i0 THE CITY OF LA OUIN7A FOR PUBLIC USE, STREET AND PUBLIC UTILITY PURPOSES LOT 'A' (AVENUE 58) AND LOT 'B' (MADISON STREET) AS SHOWN HEREON. AS A CONDITION OF DEDICATION Of LOTS 'A' AND -8' HAVE— 58 AND MAOISON STREET) THE OWNERS OF LOTS 'D'. 'E', A' 'F' ABUTTING THIS HIGXXAY AND DURING SUCH TIME WILL HAVE NO )TIGHTS OF ACCESS EXCEPT THE GENERAL EASEMENT OF TflAVEI. ANY CHANGE OF ALIGNMENT OR XIDTH THAT RESULTS IN THE VACATION THEREOF SHALL TERMINATE THIS CONDITION OF ACCESS RIGHTS AS TO DE PART VACATED. SHOWNRHEREONTFOR PRIVATE USE FDATHROUGH THE SOLLEDBENEFIT AND OURSELVES HOUR SUCCESSONS, EASSIETS AGNEEDSRAND AS LOT OWNERS WITHIN THIS TRACT MAP. WE HEREBY DEDICATE TO THE CITY OF LA GUINTA AN EASEMENT OVER LOTS LOTS "D' THROUGH 'Z' AND LOT 'AA'FDD LOTS AN� ELT OUTILISMONN AEDOH�SS AMD EGRESS OF SERVICE AND EMERGENCY VEHICLES DY WE HEPEBY DEDICATE TO THE CITY OF LA OUINTA 10-FDOT (UNLESS SHOO OTHERWISE) PUBLIC UTILITY EASEMENTS CONTIGUOUS W17H AND ALONG BOTH SIDES OF LOTS '0' THROUGH "Z INCLUSIVE. AND LOT AA' (PRIVATE STREETS AND DRIVES). WE HEREBY RETAIN LOTS 'C' THROUGH 'N' INCLUSIVE, FOR OPEN SPACE PURPOSES. DRAINAGE PURPOSES AND FOR PRIVATE USE FOR THE SOLE BENEFIT OF OURSELVES. OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS TRACT. WE HEREBY RETAIN EASEMENTS INDICATED AS 'PRIVATE g1AINAGE EASEMENTS' OVER LOTS 11 AND 59 AND AS OTHERWISE SHDXN HEREON FOR THE SOLE BENEf IT OF OURSELVES. OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS TRACT. PRIVATE DRAINAGE EASEMENTS ARE SUBSERVIENT TO CITY PUBLIC UTILITY EASEMENTS. WE HEREBY DEDICATE TD THE COACHELLA VALLEY WATER DISTRICT EASEMENTS OVER LOTS -0' THAM 'I' INCLUSIVE, AND LOT "AA' DESIGNATED AS 'PRIVATE STREETS AND DRIVES' AND EASEMENTS OVER LOTS 'D' AMU 'C' FOR ACCESS. DOMESTIC RATER AND SAN17ATION PUNPOSES. THE EASEMENTS SO DEDICATED INCLUDE THE RI6HT TO ENTER UPON SAID LANDS. TO SURVEY CONSTRUCT, RECONSTRUCT LAY, RELAY. MAINTAIN OPERATE CONTROL USE AHD REMOVE PIPELINES, FIXTURES, AND APPURTENANCES AND TO REMOVE OBJECTS INTERFERING WITH THE COWSTPUCTIOK OPERATION, AND MAINTENANCE THEREOF. WE HEREBY OFFER FOR DEDICATION TO THE IMPERIAL IRRIGATION DISTRICT, AN EASEMENT OVER ALL PRIVATE STREETS AM /D PUBLIC STREETS SANNOWNDDONITMIS MAD iOR)TIIEEINSPECTIOK REPAIHg SPCA ECANDNENT AWAf/.EOUNTRPMOVALAL OF IVATE ELECTRICAL LINER WIRES. CABLES. DUCTS SWPORI FI%TLRES FACILITIES AND APPURTENANCEg XTTH THE RIGHT RP INGRESS AND EGRESS OVER AND WITHIN SAME FOR MAINTENANCE. Op AfU EMERGENCY VEHICLES. THE SUBDIVIDER RESERVES THE RIGHT TO CREATE EASEMENTS BURDENING THE RESIDENTIAL LOTS DEPICTED ON THIS MAP FOR THE EXCLUSIVE USE OF OWNERS OF THE ADJOINING LOTS FOR SUCH PURPOSES AS THE SUBDIVIDER SHALL IDENTIFY WHEN TRANSFERRING THE EASEMENTS. WE HEREBY RETAIN LOTS 84. 85. 86. AND 87 FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS. AMC ASSIGNEES. WE HEREBY RETAIN LOTS 'BB.. "CC' AND "OD' FOR LANDSCAPE PURPOSES FOR THE SOLE BENEFIT OF OURSELVES. OUR SUCCESSORS, AND ASSIGNEES. CORAL OPTION I. U.C. A DELAWARE LIMITED LIABILITY COMPANY BY: ITS: DATED ANUARYAI7: 2002, INS RUNENT NO. 2002-028628 OFFIOFFICIACIRY ALLDRRECGROS. DEED OF TRUST BY: BY: NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA) SS COUNTY OF RIVERSIDE) ON BEFORE ME, PERSONALLY APPEARED PERSONALLY KNOWN TO ME (OR PROVED TO NE ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(S) WHOSE NAMES) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN MIS/HER/THEIR AUTHORIZED CAPACITYIIES). AND THAT BY MI5/HER/THEIR SIGNATURE(S ON THE INSTRUMENT THE PERSON S), OR THE ENTITY UPON BEHALF OF WHICH THE PER SON (S) ACTED. EXECUTED THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY. TAX BOND CERTIFICATE I HEREBY CERTIFY THAT A BOND IN THE SUM OF s HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISDiiS-6FiRE-1.`OONTY OF RIVERSIDE, CALIFORNIA CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE. COUNTY MUNICIPAL OR LOCAL AND ALL SPECIAL ASSESSMENTS COLLECTED AS 'FAXES WHICH AT THE TIME OF FILING OF THIS MAP KITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS. DATED: 2005 NANCY ROMERO CASH TAX BOND CLERK OF THE BOARD OF SUPERVISORS PAULUMTYO TAX LCOLLECTOR BY: BY: DEPUTY DEPUTY TAX COLLECTOR'S CERTIFICATE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE AS OF THIS DATE THERE ARE NO LIENS AGAINST THIS PROPERTY SMOWN IN THE WITHIN NAB FOR UNPAID STATE COUNTY MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTf:O AS TAS(ES, E%CEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES. NOW A LIEN BUT NOT YET PAYABLE. WHICH ARE ESTIMATED TO BE DATED: 2005 PAUL M[DONNEL. COUNTY TAX COLLECTOR BY; DEPUTY CERTIFICATE OF ACCEPTANCE GOV. CODE SEC. 27281 I HEREBY CERTIFY THAT UNEER THE AUTHORITY GRANTED TO ME BY THE BOARD OF DIRECTORS OF TH IMPERIAL IRRIGATION DISTRICT PER RESOLUTION N0. f5-90, DATED MARCH 22. 1990, THAT I ACCEPT ON BEHALF OF SAID ELECTRICAL ITS SUCCESSOR EOR S ASSOFFEbEDHHEREDNCATION OF EASEMENTS FOR DATED: BY: SUPERVISOR. REAL t CERTIFICATE OFNNppEACCEPTANCE EE 78H24BB DATEDII2 3EPTEMBERR 197B�ITACCEPTTON BEHALFBOFRTHE COACCHELLA VALLEY WATER,DISTRICT THE bEDTCATIDN OF EASEMENTS FOR DOMESTIC WATER AND SANITATION PURPOSES AS OFFERED HEREON. DATED: 2005 BY: JULIA FERNANOEZ, SECRETARY COACHELLA VALLEY RATER DISTRICT PAGES AT THE REQUEST OF THE CITY CLERK OF THE CITY OF LA GUINTA No. FEE LARRY L. WARD, COUNTY ASSESSOR -CLERK -RECORDER BY: DEPUTY SUBDIVISION GUARANTEE: FIDELITY NATIONAL TITLE INSURANCE COMPANY ENGINEER'S STATEMENT THIS NAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE KITH THE REQUIREMENTS Of THE SUBDIVISION MAP ACT AN LOCAL ORDINANCE AT THE REQUEST OF T.D. DESERT DEVELOPMENT ON JANUARY 2002. I HEREBY STATE TNAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL BE SET IN SUCH POSITIONS WITHIN ONE YEAR OF MAP RECORDATION' AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDIi70NALLY APPROVED TENTATIVE MAP. GLEN LEXPIRES 3-31-07 ICCITYgg ENGTP IEENEEEEERgEg' SEgE STATEMENT APSOVNDIALOERA7IONSMTHEREDFxATHATRpOLOFROVISI0HSAN A0FOMVFOT.HT EASUBDTON VIS ION1-2 MAP ACT AND LOCAL ORDINANCES HAVE BEEN COMPLIED WITH. PUBLLICYNORKS DIRECTOR/CITY ENGINEER GATED RICE 45843 EXP. 12-31-06 CITY SURVEYOR'S STATEMENT cOE7EXAMINED THE ITTPSTMTICB REC71OFVLTNHEESANNAABSAEDHAAIOAPSTEHNICALLYSANDRY ACTING CITYLSURVEYOiiL.S. 5563 DATED CITY CLERK'S STATEMENT I, DUNE S. GREEK, CLERK AND EX-OFFICIO CLERK OF THE CITY COUNC CITY OF LA GUINTA. STATE OF CAL IFORN7 A, HEREBY CERTIFY THAT SA COUNCIL AT ITS REGULAR MEETING HELD ON THE E E AP OF TRACT NO 31681 �r SIGNATURE OMISSIONS AROV 0 TH ANNEXED M (AVENUE 5B AND MAOISON STREET) FOR PUBLIC STREET PURPOSES. SUB " PURSUANT TO'SECTION 66436 OF THE SUBDIVISION MAP ACT THE SIGNATURES OF IMPROVEMENTS ON BEHALF OF THE CI7Y OF LA OUINTA, AND ALSO HERE E RE93FOFSSERVICEEAHHTENERGEMCBLVEMICLESTDVERNLOTSTHO'RTHRWGH T NOTARY ACKNOWLEDGMENT THE FOLLOWING OWNERS OF EASEMENTS AND/OR OTHER INTERESTS HAVE BEEN INCLUSIVE ARD LOT AA' DESIGNATED AS PRIVATE STREETS AND DRIV i OMITTED. ACCESS EA§EMENT ACROSS LOT D" FOR INGRESS AND EGRESS OF SERVI STATE OF CALIFORNIA) TO RIVERSIDE CO. - RIGHTS OF PUBLIC, 30' ALONG AMURALCEPTECIHIHEESNAMOVEHTCIO' PUBLIC UBIGMTS'EA3 DEOICATEOSHE SS COUNTY OF RIVERSIDE) SECTION LINES REC 4117/59 NO. 32692. O.R. ON BEFORE ME. TO COACHELLA VALLEY HATER DISTRICT BUILD AND hECORDED PERSONALLY APPEARED PERSONALLY KNOWN TO ME (DR PROVED TO ME ON THE BASIS OF SATISFACTORY SUBSCRIBED TO THE MAINTAIN AN UNDERGROUND PIPELINE, MARCH 7, 2003. INS. 2003-164681 O.R A ND EX-OFFICIO CLERK EVi'DE1V�E1 TO BE THE PERSON (5) WHOSE NAME (S) IS/ARE TD ME THAT HE/SHE/THEY EXECUTED THE TO COACMELLA VALLEY WATER DISTRICT BUILD AND OF THE CITY COUNCIL CITY OF LA 01 WITHIN INSTRUMENT AN ACKNOWLEDGED IN HINER/THEIR AUTHORIZED CAPACITY HIES), AND THAT BY HIS/HER/THEIR MAINTAIN AN UNDERGROUND PIPELINE, YIECOROED 0'. R. SAME SIGNATURE (S ON THE INSTRUMENT THE PERSON S) OR THE ENTITY UPON BEHALF NO BE 13. 2003. INS. • 2003-894302 OF WHICH T PERSON(S) ACTED, EXECUTED THE INSTRUMENT. TO SOUTHERN PACIFIC RAILROAD COMPANY, THE OWNER OF EASEMENTS FOR RAILROADS WITNESS MY NAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: AND U77L IT ES PER BOOK 208, PAGE 349. RECORDED f2/5/1905 AND BOOK 220, 1/9/1906. BOTH OF DEEDS. SAID EASEMENT$ -ARE BLANKET PAGE 60. RECORDED IN NATURE AND CANNOT E PLOTTED. SOILS REPORT TO UNITED STATES OF AMERICA THE INNER OF EASEMENTS FOR HATER PIPELINE. b00K 1f30. PAGE 116-122. INSTRUMENT NO. 969 OF O.R. A SOILS ENGINEERING REPORT (09305-01) WAS PREPARED BY EARTH SEE MILPRiYNCI PAL PLACE OF BUSINESS IS IN COUNTY. RECORDED DECEMBEP e. 1949, SOUTHWEST ON THE 2n0 DAY OF SEPTEMBER. 2003 AS REQUIRED BY THE "ti TO UNITED STATES OF AMERICA, THE OWNER OF EASEMENTS FOR WATER PIPELINE INSTRUMENT NO. 2005-0313110 AND SAFETY CODE. AND APPURTENANT FACILITIES, RECORDED APRIL 21, 2005, OF O.R. fl T T F' VICINITY MAP $EE SHEET 3 FOR BASIS OF BRINGS AND ENGINEER'S NOTES IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 2 OF 11 SHEETS TRACT NO. 31681-2 A SUBDIVISION OF A PORTION OF SECTION 27, TDXNSHIP 6 SOUTH, RANGE 7 EAST, S.B.N. AND PORTIONS GRAPHIC SCALE 1"-400' OF PARCELS 'A' AND '8' OF LOT LINE ADJUSTMENT N0. 2002-390. AS RECORDED FEBRUARY 13 2003. IN DOCUMENT 2003-f02524 D.R. ,A1Ly 2004 LUDXIG ENGINEKRING 0 400 800 1200 3S69±3'D0'E 2MI.32.4 AVENUE 56 - �� S69.31'42'E 2661.36' `\ r— e89'32'29'M M1.03' COP \� PMCLL OR at TRACT NO. go 31681-2 ^pi \ 2aimii�fa w 1 � FOUND I. ' N Den W O HDOWNELD 1.0'. NO TAG F— HELD FOR LINE COACCERNEREPERSPISp 18/56Y U)—�QO IIBH'30'09'N 2647.03'� 36.OD' F-A 0 I 0 � a % !B C� /per -.1., M.41.47.n \7664.43' 0 M.34.1 BASIS OF BEARING PER RS Ili/95 AVENUE 60 1ED AS NE COA. SEC. 27 MEI 179/78-79 f0' GTE CONDUITS CDR SEC. 27 N09'96'12'9 12651.23' BUREAU& RECLAMATION 1946 ACCEPTEDi%95E CDR. SEC. 27 PER RS 250.26'1 2649.34' w w cc U) w 0 N cc z O W g I IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 OF 11 SHEETS TRACT NO. 31681-2 A SUBDIVISION OF A PORTION OF SECTION 27, 70WNSHIP 6 SOUTH, RANGE 7 EASi, S.B.M. AND PORTIONS 1/�IJ OF PARCELS 'A" AND 'B' OF LOT LINE LY. ADJUSTMENT N0. 2002-390. AS RECORDEDDWIG ENGINEERING 3, IN DOCUMENT 2003-102524 D.R. 8 T 'AA' LINE LOT '0' LOT 'C' dj N59_5,'1f'E Blfhx / 5 M 70 71 n � 4�M (in C48 J4 75 r 75 C NS M �11'w r n n ')55.03'NN 50' OD'M 75.2,'N47'S2'07'w 75.39'NN'OB'20'w 74_933'N18-A'28'N\ ENGINEER'S NOTES: 1. THE BASIS OF BEARINGS FOR THI/S/ SURVEY yg5'S5'15'.vs27 is SHOWN is EHEREON ASSOUTH NN 89E OF '47THE 47RE�PER ASS122/95 LOT '0' 2. • INDICATES FOUND MONUMENT AS NOTED. 3. O INDICATES SET 1" I.P. FLUSH, TAGGED R.C.E. l3191, UNLESS OTHERWISE NOTED.,.o Ap 4, p INDICATES FOUND 1' I.P. FLUSH TAGGED R.C.E. 13191 SEE s } 3 PER TRACT NO 316B1-1 M.B. 373/7-13. 7 5. Al" I.P. WITH PLASTIC PLUG. STAMPED R.C.E. 13191 SHEET 11 CO. WILL BE SET AT ALL REAR LOT CORNERS. UNLESS OTHERWISE NOTED. C5s B. A NAIL AND BRASS TAG STAMPED R.C.E. 13191 WILL rid•+SE 88].1c. BE SET IN THE CONCRETE CURB ON THE PROLONGATION t4A OF THE SIDE LOT LINES IN LIEU OF FRONT LOT CORNERS. 7. IN THE EVENT THE ABOVE TYPE MONUMENTS CANNOT BE SET DUE TO UNFORESEEN CIRCUMSTANCES. A TAG MARKED R.C.E. 13191 WILL BE AFFIXED IN CONCRETE, STONE OR METAL AT THE TRUE POSITION CALLED FOR BY THIS MAP. 'op B. (DATA) - RECORD DATA PER PARCEL MAP NO. 26481 PMB 179/78-79. 9. (DATA) - RECORD DATA PER AS 511/95. 10. <DATA> - RECORD DATA PER TRACT NO. 3686 MB 60/12-13. 11, -DATA- - RECORD DATA PER AS 18/56. THIS TRACT CONTAINS 154.49 ACRES 87 LOTS LETTERED LOTS 0" THROUGH 'Z', PRIVATE STREETS AND DRIVES LOTS C' THROUGH "N' AND "AA", PUBLIC STREET LOTS 'A" AND 'B". AND LANDSCAPE LOTS 'BB-. -CC' AND OD". �3yQ 10' PUBLIC UTILITY EASEMENT TO THE CITY OF LA OUINTA, 10' IMPERIAL ii DRAINAGE N DISTRICTSEMENT EASEMENT THDEDICATED HEREON, AND 10' PRIVATE 14. Q 10' (UNLESS SHOWN OTHERWISE) PRIVATE DRAINAGE EASEMENT DEDICATED HEREON. 15. • •INDICATES NON -VEHICULAR ACCESS RIGHTS RELINQUISHED HEREON. X. L, �7/1—IIr /I ! 2 1 '1 111WIRI 1N351M1' 25`E dU PCC°. ctl'r� (y 40 N15Y4'00'M OU PCCJ�l j$7/ V / -- SEE SHEET 11 •+ 'y 1 GRAPHIC SCALE 1'-300' 0 300 600 900 88 8 Frrr—K H7A'150 EASEMENT LEGEND 3>2 TO UNITED STATES OF AMERICA, THE OWNER OF EASEMENTS FOR WATER PIPELINE �AN RECORDED APRIL 21. 2005, INSTRUMENT Ub��E No.8 2005-0ENAN OFACILLITTIES. p? UNITED STATES OF AMERICA, THE OWNER OF EASEMENTS FOR WATER PIPELINE, ORECORDED DECEMBER 8, 1949. BOOK 113O. PAGE 116-122, INSTRUMENT NO. 969 OF O.R. O RIVEIDE SECT ONCLLINESRRECT4/17/59S OF PUBLIC, 30' ALONO. 32692ONG ❑4 TO MAINTAINEANAUNDELRGROUNNDEPIPELINE. hECTRICT ORDEDILD ANO MARCH 7, 2003. INS. 4 2DO3-164681 O.R TO COACHELLA VALLEY WATER DISTRICT BUILD AND B MAINTAIN AN UNDERGROUND PIPELINE, IECORDED NOVEMBER 13, 2003. INS. 12003-894302 O.R. ©A SOUTHERNFIC RAILROAD PER BOOK 208. PAAGEY349 RECORDED 12/k1THE OWNER OF 9055 AND BOOK�220S BOTH OF DEEDS. SAID EA MENT§ ARE BLANKET PAGE 60, RECORDED 1(9/1906, IN NATURE AND CANN011 BBEE PLOTTED. mFnrri�� wFagm ImEFI= © 'am 110 �mr1r7morTm� ®ff� ®mffv�wmv�® <iF]F�1�9[C�T9 ��D.�F7E➢iit� EPP MT) Im sm ��®� WE omwMa 'mm onm �®®�® sm MUZEEMM sm.SIYi;�l �9F:&SA �t 4F➢ ® ® ® uvnrTvw Im sm 99 KETWINNEDMEMENN sm myVaDyorlimorom Kis 190 Em®EFTMIF31RE12930 flmmm� N surm m0wamI Kul OEMoffrIXIM ®� lmffFm mraRamrfm ommorwmEmommms �mmew'I.T.mIrmin mummwv ® Mum TRACT NO. 31681-2 A SUBDIVISION OF A PORTION OF SECTION 21, 10!%1F 6 SOUTH, RANGE 7 EAST, S.B.N. AND PORTIONS OF PARCELS 'A' AND 'B' OF LOT LINE ADJUSTMENT NO. 2002-390AS RECORDED FEBRUARY 13 2003. IN DOCUMENT 2003-102524 O.R. 1850.00•-N89.31'42-N - _ - -- C62 JULY. 2004 C61 LUDXIG ENGINEERING _ AVEMIE 56 t 11/6.35N693229N ' ''' 2599.56' 509'31'12'E _ - - 507.76' S99'32'29'E - _ - SECTION LINE LOT 'A' AVENUE 58 3.00 AC.iEI >e S69'31'42'E 1849.70' Kate STI C33 507.78' N99'32'29'X RioCIII THE citr, m.x.' Lm '0' 7.05 AC. =1 1 pl$ ------------- -' I I! LOT 'DD" e1 N� J - - -- -21 1.--- - N12;/2•_2 �1Po LAB' I _ c/8- 20WATER / C53 --C13 C12 _ f Si15A'-12� �]. -><- 110YAi(pkEE N __ 13-910fA.E N777j?t io0cnm' "cs0 ---- /C56 7 sT� �p�m3•� cl �v 1' -C4< 4� ARACENA - �� '�/ �37 �5� t'M mg is- E -- C63 7 C20 I C19 _ �� _ C/1 L07 S11�.�2'j 12 C11-- -c)0 6C0- �..�_ Wes%1B26.N 7 / csLOT --- --_I _ - 45 i� / NB9_22_53_N fill - _ -050 3.21 AC. C1/�• C13 �i 1,p �.3J'` - m _ (F-_ bJ / O 161'0116'N I..', V "I �WI I C16 -- C40Cf5 - .-._ �["_� 9 \6 1 \ Lq LB 1 'I I t----- �1 :1 �1 �1 rkf* pp G �yB3 7.05 AC. N59_l3_11'N I ��1 �1 g1 e I ^I 8 7 Pjall „-�'I 1\� �1 g1 W €I w h1 a1�I 10 as 5 >an e8 1 W s W mil 11 $ otl iR8 6 k" 4 10 9 �, g_ 7 a a 3 9 2 �$ m I 2 cz1 -U6 \ I czz 1 n, `\ / I.3.11'� _ C 3 Lm 'c' 70.34 At s slow�� OEM offics EK. No ® mmu® ® 1109MEM ® mummmonowil ® ®fir '' CWVE RADIUS I AMC I TANKNT DELTA 7 52 p 4. C27 31. 75 6 C28 7 . 3 C29 573COO 75AO' 37.56' C30 5734. 00' 75.M5' 37.53' OYS'00' C3/ 5734. 00' 71.42' 35.71- 0'42'49' C32 4549.9D' 152.42' 76.22' 1-55, 10* C33 AMA.72' 149.21' 74.61' 1'S4'23' C34 39. ' 116.60- 512.57' f71'll-53' C35 39.00' 53.114 31.59' 7 ro '26• C36 IOD. oo' 84.99' 42.M' 12'10' C37 2o0.00' 98.06' 50.04' 26 ro5'31' C30 3N oo' 42,97' 21.52' 8.12'22• C39 229.o0' 23.87• f1.. SY'16• C .00- 1 6.61' 1f 39' 23 -56• Col 950, 66 00' 402.97' 4. '06' C42 408.00' 1 7. 53.94' 1503'40' C43 367.00' 126.894 65.04' 19 ro4. 52' C44 360.00' 195.67' 100.06' 29*30'It* C45 616.00' 136.OA' 68.29- 1295'44• C46 79.00' 259.07• 13D.61- 21'46'30• C47 5 34.00' 424.59' 212.39' 4'14.34' C4B 413.00' 02.79' 90.19' M 44'46' C 391.OD' 102,14' 51.36' 1411'/1• C50 982.00' 408.60' 2D7.40' 23'S1'O6• C51 215.00• Loco' 53.56' 27'56'41' C52 313.00- 26.99' 14.51' 5'18.25- 053 400.00, 186.69' 95.00' 44'27' C57 7.00' . '= 1 •10' • C56 4 00' 11.96' 5. 321'52• C56 982.00' S.00• 2.50' 0.17'30' R7 26.00' 17.73' 341.71' 171.17'S3• C6B 394.00' 100.74' 50.65' 14-39'00; 394. ' 202.00' 103.741 C60 400.00' 133.65' 67.45' 19 ro8'37' C6f 4466.SV 150.8f' 75.41' 1155 33• C62 154B.3D' 150.6/• 75.41' 153'S9' C83 SB8.75' 203.79' 144.71' CW 275.42• fo6.291 53.82' 22ro6'43' cm 25.42' 86.39' 43. 111' 19'22'36' 568.75' 56.30' 29.17' 552422' ' �2�12� MMI 21�32�p E_ LINE 9EAMINO OIS7ANCE� L1 50027'31'X 5. f4' 1 C5S ��' L2 50027'31'X 5. f4' C+6 U 911 ro9'51'E M.51' I_� - L1 9753f'f1'N f3.90' / - \ 42'E lP1 L5I 11'� L6 N86'06'25'M pCG - L71 57724'19'E DETAIL "A" SCALE FWW 10' GRAPHIC SCALE 0 50 100 150 SEE SHEET 3 FOR BASIS OF BEARINGS AND ENGINEER'S NOTES /MT'9 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 5 OF 11 SHEETS TRACT NO. 31681-2 A SUBDIVISION OF A PORTION OF SECTION 27. TONNSMIP 6 SOUTH, RANGE 7 EAST, S.8.M. AND PORTIONS OF PARCELS 'A' AND '8' OF LOT LINE AD TY. 04 NT N0. 2002-390, AS RECORDEUON16 EARY 13.`RING 3, IN DOCUMENT 2003-102524 O.R. - AVENUE 56 t _ 1650.00' N09'31',2'x — — _ — — I— — — — AVENUE 58 Lo7 •A• 3.06 AC. NOAIC Mw 49.75' LOT •0• 7.05 AO. ., _ f — —C6_2 2 � — — J _— --— — — — — — — — — — — — — — — — — — — — — — — — — - 'UtE. C63 _ -------------- ,�"— C60 Wd'27'30_M ICI co ARAC A 0--- _ �i 'i' — EN Lf3 — c,d---- Wr ---cfz—`,79 \ �� C75 '7' C 1.21 AC. CC'S2 C5, �N �TN00_39�,8_E �RI c15 "— -- I>< ' C,7 _ Lo7 C76 rC58 PCC—, r .1-------- MlP i 508'O6'S2'M IAIM[ � �'----- I\rq 1 W I CB wl— _ —_ �•23'56_X IAI PNC C51 �I C66 1� �!T\ $� $ .1 03BAc. �12'3f l%`0'�' 6 pltxAlO ouxE R I € �� WI �T l ! /\ 'Ali �11 11 llg i ��d 6� —ApACENA / C65 Cf6 1 s ^I11 Cd9 $ yjl c16 "�sAl �� gl r� 22 ems` P 21 $ 20La Lucy19 27 8/ t y C72 � — — — _ C,2 — ---� � 'M9.30'25_M Q0 N16'13'501M ' PAC PAC C76 ¢I C5 C77 —2 A_ -"--- ---" W� ��1 I � \ 1 1 NI -g sIg 13 &d 23 t. �1 � 1 R/ - g P5 24 �.'� $i it yl Le1 �I �1 el olYl 26 < C23 ! "I 8jI alb "I $1 e C68 1� 6a 4 125 i 1)C.1 56•66cu9 AAOfus ruA7Exr a C26 C27 C. c7A cm y.66'1 C411 4w.w 92.65'I C69 ll� w 66' Ni6'� �„E„. .,�.,,e .w ,ursu, rc�Td C42 2 7' I53.5,; LOT C• 76.34 AC. 16 gtl 14 �ll i C36 as V GRAPHIC SCALE 1•-50' SEE SHEET 3 FOR BASIS OF BEARINGS AND ENGINEER'S NOTES 0 50 100 150 Norma MMUNINEMEM ��FA IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 5 OF Al SHEETS TRACT NO. 31681-2 A SUBDIVISION OF A PORTION OF SECTION 27, TOWNSHIP G SOUTH. RANGE 7 EASi S.B.M, AND PORTIONS OF PARCELS 'A' AND 'B' OF LOT, LINE ADJUSTMENT N0. 2002-390, AS RECORDED "AN" f3 �003, IN DOCUNENt 2003-f02524 O.R•� y E fe5o oo, Ne9,3f'42'� -- 05 DULY, 2004 C1 _ LUDtIG ENGINEERING _ 2589.56' 599'31'42'E SECTION LINE NOf'07'S7'N �J/ LOT •A• >< - me 2.00 AC. AVENUE 58 5 �` 21 . Otani gum.... ,. ........ I� l 8 ig i ri`du18i �+0 11 " N S. ZMT LI S �o 10 W I � � N06�57_O1'E OII �� JNPIEI u N77_10_33'N 011 pf I I I � \�5 y3'•N3'E INI 1 I 1 23 5�p119N0 \ < 1 tl 1 1 I �yy 1 1: W SEE SHEET 3 FOR BASIS OF BL�RINGS AND ENGINEER'S NOTES If1.77' N66'23'S7'E ru m$ L U LU LU ptN 19° ` �•�/ //// 13 •12"TPA E i �2i 2] 39 BA 28 29 LOT 7.0 AC. /// SEC/ \� `/�'n •�•!P'G``� // C19'1f, V / A/ � @1¢'/ / 30 / 31 N93'09�5/=lA� a�f'+O /` rNs0• ooN 1+�' /// n. / /+6�;�� °�.a1 \�8 / 32 S. 1' 49.26' / gyp•, bbb"' / m E Iw.n' 33 \\ �\ \ �i P•�'/ / / �' cgs e 1 34 UN AKRE, R 91s7usE 1•N \� \+N \ °(i/ � / �2 /'� A%/`�/,o•��' / Jv L21 N63'59'21'E 2fi.59' \ +� \ / / CP `t3 / / s/ 24 ,/H.'/'14• (`�lr / / L3 N55'30' 13'E .02' 5e 'u64.o35 LN e ' C2 /// //.(•.j/ /// L7 9*17,'E 12.7 � P /Lpi 'II• / 0'a' 36 L9 WS'17'05'E 9.10' 110 5'17'05'N 3f.3f' /� .32 At.' 51999.51'21'E.99'E 20.00' L13 N63'5026.59' 37 u3 N6359'21'E 26.s9 / Lf1 N11'f0'O1'M 13. 15' LOT 'E• ' / 14� S' \' 38 4.27 AO. 1 1 GRAPHIC SCALE 1"-50' lu III I �,�,01•N 0 50 100 150 I ' 16.f2' lcm mix-1 �.�No" .......... ®6 sum OEM® mom] IMIERNME" mom�i1SE9 omm C37 17594.00' 32.81' I6.42' O'O6'25' C30 15. 00' 13,70' 15. 14' 90'32'09" cm15.00, 23.37 11. Bf' C40 17594.00' 76.T7' 38.38' O'15'00" C41 30.00' 51.69' 35. 19' 99'Ofi'00' C42 :00.00' 292.21' 1B9. R' 93'00'43' IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 7 OF 11 SHEETS TRACT NO. 31681-2 11.1• A SUBDIVISION OF A POR7ION OF SECTION 27 iDXNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M. AND PORTIONS 0,11 A0, OF PARCELS 'A' AND 'B' OF LOT LINE ADJUSTMENT NO. 200�-390. AS RECORDED FEBRUARY 13 2003, IN DOCUMENT 2003-f02524 O.R. DULY, 2004 LUDXIG ENGINEERING 65 0+•}!E \ S'j'� SO LOT •c' ! � / / 14' 14 SA230' 1' �•��y �8 . 46. \ 1 LOT 'El 4.17 At. \\ \ \ SEEWSHEET 3 FOR BASIS OF 3EARINGS AND ENGINEER'S NOTES 37 38 S ``� S�V S�� 9/ter 30 v '�. 31 32 o+° 33 S 34 is 0 �. 35 36 \ Lay '1 A.3.14 AC. GRAPHIC SCALE 1-50' 0 50 100 150 IN THE CITY OF LA OUINTA. COUNTY OF RIVERSIDE• STATE OF CALIFORNIA SHEET 8 OF 11 SHEETS TRACT NO. 31681-2 / A SUBDIVISION OF A PORTION OF SECTION 27, TOWNSHIP 6 SO. RAEAST, S.B.N. AND PORTIONS c17 a OF PARCELS 'A' AND 'B' OF LOT LINE ADJUSTMENT NO. 2002-390• AS PEC& ORDEDUTHfE8RUARYNGE7 13 2003, IN DOCUMENT 2003-102524 O.R. JULY• 2004 LUDMIG ENGINING \ - -IVS I ARC I T-NTI 1 M. 33. 22. 13' �y C .00' f 5'. B 07 6• 1 U C If1. 7 12' 3 .77'03• +p C4 111.00' 55.70' 26.42'43• 4 C5 114.00' .57' 1.79'42• 1 C6 4510.00' 55.33' 27.66''10• ` C74510.00' 55.94' 27.97'.39• !V` ce /510.00' 27.91''32• \�3• 11 Co 451a.00' .70' 27.95''26' \ 5 -� CIO 4510.00' 55.60• 37 80'.23• \ Cli4sln.00' ssso' z'fe• \d \ S�'✓°2. ( lai C12 33. 00' 40.77' 70'47.08• 1� \ C14 518.00' 1e.53' 9. 1158'41• \'f cf4 516.00• 97. e.• 49.05• 1o•f •or \� cis .00' S9.1a' 29. '12.07' \ a 1$ 1 Cie 546. 107. 53. 11'1'39' 40 . C17 545.0055,82' 7. ' 5'5 '26• 55 Cie M. 00' 74. 7' 44.M' 77'I1'00' �. C19 157.00' 36.696 18.43' \ \+i+ �0 1 C20 227.00' 18.M' 9.22• 4.39. 13• 1 C21 227.00' 43.63' f.e7' 11'0026' \ \ a 1 C22 I m.00' 11. 5.90' 0' • 46' f/a; 41 L23135.00' 55. 7.61' •40' ' . C24 IIM.00' 22.00' 11.00' 1'06'39' \ j +�,++-t C25 37.00' S4.25' 33.32' '00'37' +5F DETAIL 'B" C26 493.00' 39.09• 12.564 4.32'36' SCA LE 1'; 10 C27 493.00' 55.92' 27.99' n\ a C20 493.00' S5.15' 27.60• 674'if' 42 Yb. 3.00' . ' 14.30n. a LDl 'C' C 24 44• 4' 7'4 '33• J' C31 182 00• 56.83• 21165• 17'53'25• m 7B•��• C32 50.00' 12.08' 6.07' f3'50'1/•�� C33 102.00' 3.04' 1.52' 037'23'$ CM 40.0D' 13. BB' 7.0 ' 19'S2'19• ,�. C35 20.00' M5 ffi' 15.f7' 74'[f• \ \ fo/ 43 '% C36 20.00' IL41V .BB' 32.45'57- C37 20.o0' 0.39• 0.20' 1'07'06• \ �• ! +gc+i +9F' ,3, C38 40, 00' 46.0' 27.30' 60*47'04' 4 C39 40.00' 20.48' 14.67' 40' '37' $ 1.64' 0. PL f'f9'1 ' Gf 71.00' A3.67' 22.55' 35'14' e• \ E 44 C42 50.00' N.M' f0.34' 23'21'53' PADIUS ANC TANGENT OaTA 50.00' 3.67' 6.00• 15'40'f2' 171 66A.00' 191.41' 16.30' C44 210.00' 42.73' f. ' IS'13'S1' C72 24,00' 244.09' 135. M' 62'26'00' LOT i' \ + ++ C45 218. 39.54 19. f0'23'35' C73 664.00• 238.93' f .77' 20'37'00' 1 ' C46 15/.00' 20.M' f0.35' •35'43' C74 650.00' 200.75' / 1.19' 17.41'46• :$$ 4'� �. \ \ n C47 457.00' 59.13' 29.61' 7'24' CM 2f0.00' 226.63 127.26- 62.26.00' _ \ 45 �. c4e 457.00' 56.77' 20.4 7.07'01• CM .00• 43.20' 29. ' 99.10.49• ,0 \ A,, 7.M. 30.96' 15.48' 3.62'52' C77 302 00' M.59• 39.52• 14'54' c \ \ T•OB"+9f C50 4M. ' 174. 6' .07' 21 ro0'26' V. 316.N' 127. 7' .72• 23*m W" 200.00' 64. 47' 34.57' 19'36'56' CM 1M.00' 99. ' 50.06' 17.15'03' C52 64.00' 23. 19 11.72' 20'I5'39• C80 .o0' 20 .43' mom 39$56050 \ \ \ c C53 27. 00' 34.09' 20.36' 74'02' 2• C81 2M.00' 191.fi7' 99.91' 39'56'05' \ \�. 46 �. C5A 58.00' M. 1' M.Sfi' 39 roz'03' CO2 261.00' 161.92' 94.93' 39'S8'05' C55 7. 49. 10' 25.fi1' 40.11'06' CB3 114.00' 130.40' 73.39' 65.32'28' \ \ E C56 b7.00' W.56' 84.73' 21 ro0'26• M4 142.00' IV AA' 91.41' 55.32'28_ C57 493.00' MD.M' 91.40' 21'00.26• CBS 1 .00' 146.42' 82.40' 65• CM 18e.00' 84.3 ' 12.92' '32.2 ' CBfi RI 00 536.09' .36' '0'37• 50 2 f 1' 7 12' 7 Y' 6' . 7 \a 47 'a. 00' f 33 4 9' 6. ' 28jy \\ CIA, 6 q00' y°• ��/ \ �" \4\A' 3,��14i S.' 71'IB'1 'S. e•2''16 146. 2'3407' C2 40.201'13'41' 4510.00202.20' 10 . 2' E 0 \\ / .y/ l •++ C63 27.00' 59.94' 51.38' 127' 1'19' C91 227.00' 62.05' 31.22' f5'39'39' C64 27.00' 94.83' 201'13'41' C92 f1M.00' 89.13' N.74' 4'30'S3' M5 71.00' 45.31' 23.45' 36'33433' 693 546.00' 33B.75' IM. 3' 35*U'55' 48 R. C66 SO.- 3t.05' 17.72' MVVI \ \+JY7O� 1(,i •' \ \\ \ \\ \ �\\\!�5''\/ C3� --32-.----+y..-i-1' ----_'CCC99979 184950500...00' 202.23' 111. I'' V 5fi92'0276'053305' ' 21'37'196.00' 11.34' 5.7' 3.18'07C67 218.00' 27 C63/.77• 20.36'f196.00' 213. 7' 11B.M' 29.63' 45550.0' 7.06' 3.93' 0'41 47.57761' 65.00' 25.26' 12.632'13' S- \ � 13N oo' 2368''00 CI262300354130. IPA 8 'A'13•E 1f0B' C10200' 974.26' 494. ��-110.82' N8746._ Cf02 111IVATE B71@9 _ �\ C1032400.00' 38. 28'. ff9. \----__- 687'46'13'E 1f0.82 - \�/ \\�\ C1042455.00' -o------- \ \ �\\ \ f 3 `\ \ A GRAPHIC SCALE ]""50' LOT 1* 0 50 100 150 58 59 57 56 ` a 11� \dip. L C60 / / so •N f 60 ca_ 31 pn^/ 04. f �•2b�19'EW� p�(L7Iff Y/�� / I 1 a7o_34_z4Eu+� /� 53 xe5_�4_3sEmir9c. N75_00' fS'E 80 87'37'50'N fe3.44' 52 N64_37_20'E NO797'S0'M IB8.63' 51 IA77'37'50'N f91.07' IIB7037'50'N 185. BO' 49 / C4' Lor 'C' / / 79.34 AC. // SEE SHEET 9 � � "SI Y6T•y Mm, 62 A �S/2/6�9 f\PYj '\ •fib\ YbAi� 16A �.jE °4 63 / \ a R� � \02 .f 6119tig3�lp� �• \ \ p5•EOi 64 a Pl iF �\ 1 \e3 �33f In335, y,•�l/ L1J5 •E_ of �1_p5�ooDO 65 7C �I 33 4 IIB1 y4'M•E O1� �!C SGT•� A'i' �II� JN o I f LOT At. 5 A.rj3 ip5_23'32'M wl 70.34 M. _ _ vac _ LOT •1. 70.34 AC. /pVA11 87007 _C7i " LOT e.- �_-- At. SEE SHEET 9 SEE SHEET 3 FOR BASIS OF BEARINGS AND ENGINEER'S NOTES \\V ass Q i CJ1 IN THE CITY OF LA GUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 9 OF i1 SHEETS TRACT NO. 31681-2 "T.".. 1 � N55'23�32_N 011 i A SUBDIVISION OF A PORTION OF SECTION 27, iDNNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M. AND Pp1TIONS -> % _FW: _______ Of PARCELS 'A' AND 'B" OF LOT LINE ADJUSTMENT N0. 2002-390, AS RECORDED FEBf1UARY 13, 2003. >00C2D03-f02524 O.R. 2 - 7 - JULY, 2004 LUDNIG ENGINEERING C9i C89 NpVAIE SIf6T _ Ce1 _ llf `B-_--9C39lfr PFYIF i16 OIISTNEEE /T9' C.f7 /C.-flftl_NI_3�'F, js-12'E (NIPM J" L GRAPHIC SCALE 1-50' 0 50 100 150 FSEE SHEET 3 FOR BASIS OF EARINGS AND ENGINEER'S NOTES CURVE 9AOIG. AMC TANGENT DELTA /. .51E '24' C3 wowM. ' 30,5 • 37' '26' C4 70. ' 51.91' 27. 19' 4211'10' C5 25. A M' M.06' 103'47'50' M.M' 11. M' 5.71' Mv3'20' C7 25.M. 3•.07' M. 27' 78'04'30' CB 2455.00E 49.14E 24.37' 1'O9'49' C9 2 00• 7 4. ' 359.57E I6' '54- C10 A 63' 7.30E IB•1 ' - Cif 250.00' M.96' 14.50E 6' '14' C12 M W..69' 13.69' 49'03'S7' C13 50.00' 12.62' 22.82' 49.03'51• C14 55. 00' 43.77' M. 2• 45.35'M' Cl 1 75' '16 14' M' 5'59' Cie .M' 40 i ' 2593' 92' '43- C17 145.00' 72.55E 37. f0' MM '42'' Cie 270 00' iMM .' 52.64• 25 23'52' C19 2455. 216.26' 100.2D' 5'02'50' 12.99' 15*47A C21 2463.00E MAD' 02.14E 1OB'13• C22 2455.00• M.f1' 111.15' 6'11'04' C23 07. OD' 27.354 13.79• 1e100.45- C21 7.50E 150.22E 55.21E 67'30'M' .00E 20.06' 1 .16' 2 '56'55' CM 12 . ' 24.36' 12.22' is'15'17' C27 50.00E 0.74E 4.30' 10'00'14' C29 M.00' 33.41E 22..0E 95'42.50• C2 i .00E i ' 1 .64' 12' • 12 .00' 5 .53E ,14' 23' '37' C31 250.00' M.60' 14. M' 6'1700• C32 2W.00' M.M' 14.82E 647.00' C33 110.50' 21.00E 10.93E 21'i9'30' C31 137. 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L� 52736'29'M L5 N77'S6 lI 1.83' P'~AC'. \ A _ co !• \1 69 70 71 WI =1 a/ 72 73 \i 74 OEM E NI SFFATU® NORM imMMMW7WIN imolums NI MENFEM® NI �mmm ®®��® EMEMMEMINIi�Uf ➢ �F]ME1yE�9�� ®Ellmm � ®®� NI EI OEM ®1®� ®gummmmmm ® 75W�i 76 ,ry A 77 76/ A, , 79 GRAPHIC SCALE SEE SHEET 3 FOR BASIS OF 50 100 150 BEARINGS AND ENGINEER'S NOTES j\) 0 �* IN THE CITY UE LA WINIA• CUUNif u ��••� TRACT NO. 31681-2 C� Ac �9c 9=9 \ \ `�O�\ A SUBOIVISIDN OF A PDRTION OF SECTION 27, TOMNSHIP 6 SWTH, RANGE 7 EAST, S.B.M. AND PORTIONS OF PARCELS "A' AND '8' OF LOT LINE ADJUSTMENT NO. 2002-390. AS RECORDED fEBFIUARY 13 2003. IN DOCUMENT 2003-f02524 O.R. 2004 LUDNIG ENGINE?RING uuu LLJJ c�1 cJ Z gl //V` �\ \ CA�C53 N05'D4'37'E GO C3 p / \ Cp\ ♦ / \ �. \ 2DSEWER----- LDI •0• EASENENI =N26-11'54"Ni o130 TO CYA[I .< \ "$'3 >o.>r AC. 3o.f / a✓ 78 `% \ u \ J$ \ 7.51'W El 1 .45'10.60' �s •A5'/ \�! �q\, \ \ L6 $24'35'32'M 5. 7' /t' .% 210. , E +6 >ti i// \\ ,� k, \ \ \ LB N25.55'45'1 .3/' M" Z,1 rtR •,Ai �3 / 79 \ \ \ \ \\ $ L9 N83'32'09'M + L10 N1172'25'E M' it llf 906'49'05'E N46'43' 39'E 13. 19' i 80 3.°O;y ��"� ry'�/ \\C\ ,"•+A a ,� �\\�'+ ` c�`__"� _ _ '/ /�'tY1N' / / / .i 41Y LSF . I-t--------- SEE BELOW LEFT 0.73AC.`734mc�—E lllSSS e.y K _ "�. 82a� 83 �;� 85 1 SEE SHEET 3 FOR BASIS OF BEARINGS AND ENGINEER'S NOTES 09, C29 33.00' N90'00'00'E EASINEEN1Nr FACILITIES 0 SATES aSAMERiCA11 � REITLOPDEDrAPRII�10'Y (Nl // \�S��.37, •^, I; 1 21. 2005 IRSrRU1ENT N0. _ — // tv\ 2005-031!l1 f0 a O.R. / 86 =/" �� SEE BELOW LEFT I j13•/26 13' 1 \\ I N36_5e' 45'E U11 I \ \ ND1'36'S4_E IRI PRL I _ ` 86 CEO � � 7 564 AC WWII Ion M 103�F1F7�:g ➢ am- UT''M � �Yno" mom� im olmlsinzam © ®� mum mamem mom E �® mm�r=l� mm om ommorynm mm� �� mmWMMMEWMEMIURNUEMN ®�� mmmr,T.m®s CIE EFFRU� om llim KWTIM �®SEWN �WoMmETT"�� NMI im om WWI EEO smopm� ®tea MUM MIMI mm wml ®mon= 85 GRAPHIC SCALE ! "�50' 13' i 13' \\b\�,Ix• — \ \ \ M n 217, 97. hQ1 —� \0 50 100 150 72IEk' �'� 24 Q ��\ 87 %7.3, M M AD. SEE ABOVE RIGHT y \ SEE ABOVE RIGHT SEE SHEET 3 ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31681-2 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between CORAL OPTION I, LLC. A DELAWARE LIMITED LIABILITY COMPANY hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31681-2 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D.. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. "The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements.. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security.. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize .Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security. shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing the obligations thereby secured. i 184 T.\Projed Development Division\Development ProjectsWmog 9reeents\SIA\SIAs in Prress\Coral Mountain 31681-2\0FFSITE_SIA.doc iK 1of7 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 separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 19 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Coral Mountain 31681-2\OFFSITE_SIA.doc 185 x5 2 of 7 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 firial t p acceptance or approval by the City Council of all Tract Improvements. However, if at the end 1 v of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty 20 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Coral Mountain 31681-2\OFFSITE_SIA.doc 3 of 7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of. the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of.street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required. by this Agreement or the Conditions of Approval, and any required construction quality documentation. 187 not previously submitted. 21 T:\Proje Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Coral Mountain 31681-2\OFFSITE_SIA.doc 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the ,improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind'the heirs, executors, administrators, assigns, and successors of the parties hereto. 22 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in ProgressZoral Mountain 31681-2\OFFSITE_SIA.doc 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 760/7.77-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Date Subdivider Coral Option I, LLC P.O. Box 1716 La Quinta, CA 92247 By: Date Title: By: Title: Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date Date i0%6/o5— TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Coral Mountain 31681-2\OFFSITE_SIA.doc 18 :' 23 6 of 7 Exhibit A OFF -SITE SECURITY — TRACT MAP NO.31681-2 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 Grading Pavement Concrete Storm Drain Misc (Poles, lights, relocations, etc) Perimeter Landscaping Striping Totals Standard 10% Contingency Total Construction Cost Professional Fees & Plans, Design 10% Professional Fees, Const 10% Bond Amount Performance Labor & Materials $ 17,501 $ 17,501 $ 365,711 $ 365,711 $ 191,710 $ 191,710 $ 23,315 $ 23,315 $ 36,430 $ 36,430 $ 541,500 $ 541,500 $ 12,340 $ 12,340 $ 1,188,507 $ 1,188,507 $ 118,851 $ 118,851 $ 1,307,358 $ 1,307,358 $ 130,736 $ 130,736 $ 130,736 $ 130,736 780,618 780,618 190 24 TAProject Development Division\Development Projects\A9reements\SIA\SIAs in Progress\Coral Mountain 31681-2\OFFSITE_SIA.doc 7of7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT S4 .s :, s :> t!-:�:> e S �> .�:3.�. t >..�..., >�>�.�s ..�"-•., c�-.3. ,�<S,�c3> 35�. > t r.�:�s�S�cS,�:�>�> ,�.:5,r-..S�.�S�4 ,�,! State of California } SS. County of On Ott, 24, 401 before me, Date A Narpe and Title of Officer (e.g., "Jahe Doe, Notary P personally appeared ; — I — — Comlttikslon # 11 S3SS27 RlNokirve� CooirAv [My Canrn. EvW Dec 16, 200d of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personWwhose namekfistwesubscribed to the within instrument and acknowledged to me that he/si aAboy executed the same in his/herftiw_4 authorized capacity(ifi< and that by his their signatureXon the instrument the personof, or the entity upon behalf of which the person(o acted, executed the instrument. WITNESS my hand an official seal. Place Notary Seal Above WdA., - A Au;&IL Signature of Note Pubfic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Tftle(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact T ❑ Trustee ❑ GuardianZ ❑ Other: Signer Is Re of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here �' y:"riG`:'r;`U `:•r:�✓4�:�✓L`;7'i ✓: dSZ�4�.v:: `3':�:`:➢>"rY;`Jr`�'r: �":3"`:7� ar��✓h�� :l:`e7L� `✓ `�:�� y0.�s��.�✓b�: y�s�✓.��' 0 2004 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Item No. 5907 Reorder. Call Toll -Free 1-800-876-6827 191 25 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31681-2 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made. and entered into this day of , 20 by and between CORAL OPTION I, LLC. A DELAWARE LIMITED LIABILITY COMPANY hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31681-2 (the 'Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public -and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements.- Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing the obligations thereby secured. 19226 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Coral Mountain 31681-2\ONSITE_SIA.doc 1 of 7 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 art 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 berpaid separately for each different form and/or source (surety or financial institution) of security initially 193 submitted and for substitution of securities but shall not be required for submittal of warranty 27 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Coral Mountain 31681-2\ONSITE_SIA.doc 2 of 7 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.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 * Q `tr of the one-year warranty period, there are one or more outstanding requests by City for L -L performance of work or provision of materials under the terms of the warranty, warranty 28 TAProject Development Division\Development Projects\Agreemenls\SIA\SIAs in Progress\Coral Mountain 31681-2\ONSITE_SIA.doc 3 of 7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure .of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force 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 perfgrmance 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 19 by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 29 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Coral Mountain 31681-2\ONSITE_SIA.doc 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys fees incurred 'by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. 1 �� B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the 1 n G heirs, executors, administrators, assigns, and successors of the parties hereto. 30 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Coral Mountain 31681-2\ONSITE_SIA.doc 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Subdivider Coral Option I, LLC P.O. Box 1716 La Quinta, CA 92247 Date By. la%2b Date Title: �rvql*j- By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date 19"1 31 TAProject Development Division\Development ProjectsWgreemenls\SIA\SIAs in Progress\Coral Mountain 31681-2\01NISITE_SIA.doc 6 of 7 Exhibit A ON -SITE SECURITY - TRACT MAP NO. 31681-2 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Infrastructure Onsite Grading $ 5,219 $ 5,219 Pavement $ 258,266 $ 258,266 Concrete Improvements $ 94,734 $ 94,734 Storm Drain $ 165,958 $ 165,958 Dry Utilities $ 18,500 $ 18,500 Onsite Grading $ 25,736 $ 25,736 Pavement $ 506,499 $ 506,499 Concrete Improvements $ 255,927 $ 255,927 Storm Drain $ 159,055 $ 159,055 Dry Utilities $ 166,000 $ 166,000 Domestic Water $ 363,836 $ 363,836 Sewer $ 275,550 $ 275,550 Monumentation $ 24,824 $ - Totals $ 2,320,104 $ 2,295,280 Standard 10% Contingency $ 232,010 $ 229,528 Total Construction Cost $ 2,552,114 $ 2,524,808 Professional Fees, Design 10% $ 255,211 $ 252,481 Professional Fees, Const 10% $ 255,211 $ 252,481 Bond Amount $ 3,062,536 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Coral Mountain 31681-2\ONSITE_SIA.doc $ 3,029,770 198 32 7 of 7 i1 111 YiJ > ,ie, I> 5....> State of California ss. County of f"1 t 13 f �l'e- ` On a� before me, 1V)Yti. Lo I Date Name ar�d Title*of0fQjcer(e.g.,"Jane oe, NotaryPub1iC") personally appeared tIN01A L. NAW1EtL ?;4Z�c0l.m. ilon # 15 327 tNohxr PubNc - Ca ftnia Rhrenkle Counly My Comm. Expires Dec 16, 2008 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose namekK is/am-subscribed to the within instrument and acknowledged to me that he/sbeAhay-executed the same in his14aa#m r- authorized capacityoa< and that by his/h&U4heiP signature(4 on the instrument the person*r, or the entity upon behalf of which the person(Wacted, executed the instrument. WITN S my hand and icial seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Number ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General WIN IN, H11 El Attorney in Fact - Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ® 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1.800-876-6827 199 33 Twyl 4 xPQamrw COUNCIL/RDA MEETING DATE: November 1, 2005 ITEM TITLE: Approval of a Professional Services Agreement to Obtain Engineering Services to Prepare the Plans, Specifications, and Engineer's Estimate for the Avenue 54 Pavement Rehabilitation Improvements, Project No. 2005-1 1 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) with RKA Engineers, Inc., in the amount of $24,365 to prepare the plans, specifications and engineer's estimate (PS&E) for the Avenue 54 Pavement Rehabilitation Improvements, Project No. 2005-1 1 . FISCAL IMPLICATIONS: The following represents the project's approved funding and funding sources: State Gas Funds: $96,881 Surface Transportation Program (STP) $228,000 Total Funding Available: $324,881 The following represents the anticipated project budget: Construction: $237,540 Design: $25,000 Professional (Federal Documents/Environmental Documents): 10,000 Inspection/Testing/Surveying: $20,000 Administration: $12,000 Contingency: $20,341 Total: $324,881 As illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: None. No construction is proposed at this time; however, because this project is partially funded with state and federal monies there will be a prevailing wage requirement included in the contract specifications. BACKGROUND AND OVERVIEW: The proposed improvements include rehabilitating the pavement within the two existing eastbound travel lanes on Avenue 54, from Jefferson Street to Madison Street. The existing pavement is 30 feet wide and 5,280 feet long. The Riverside County Transportation Commission (RCTC) approved the Avenue 54 Pavement Rehabilitation Improvements for STP funding in the amount of $228,523 in April 2005. On May 17, 2005, the City Council adopted a Resolution approving the Fiscal Year 2005/2006 through 2009/2010 Capital Improvement Program (CIP). The Avenue 54 Pavement Rehabilitation Improvements are included within the adopted CIP and are scheduled for funding in 2006/2007. The project was initially placed in Fiscal Year 2006/2007 due to the timing in which the Federal funding would become available. City staff was advised by RCTC staff that additional obligation authority (funding) may be available during the 2005/2006 Federal Fiscal Year due to the delay of several larger projects. This available funding may be reprogrammed to rehabilitation projects based on project readiness. Project readiness is defined as those projects that have an approved Federal Environmental Document and completed PS&E. The Environmental Document for this project has been prepared and was submitted for Caltrans' review on September 27, 2005. The Preliminary Environmental Study (PES) recommends the project be cleared as a Programmatic Categorical Exclusion (PCE), without additional study. Caltrans must approve the Environmental Document before federal funding can be obligated for the construction phase. Considering the project's minimal impacts on the environment, staff is hopeful that Caltrans will approve the PCE within 90 days of its submittal. On September 23, 2005, the City received nine proposals from qualified engineering firms. Following its evaluation of the nine proposals the Consultant Selection Committee unanimously recommends RKA Engineers, Inc. be awarded a PSA in the amount of $24,365 to prepare the PS&E. 2 Contingent upon City Council approval of the PSA (Attachment 1) on November 1, 2005, the following represents how the project is expected to proceed: City Council Approval Caltrans Approval of PCE Project Design Caltrans Approves Construction Obligation Construction (90 days) Accept Improvements FINDINGS AND ALTERNATIVES: November 1, 2005 January 2006 November 2005 — January 2006 February 2006 March — May 2006 June 2006 The alternatives available to the City Council include: 1. Approve a Professional Services Agreement with RKA Engineers, Inc., in the amount of $24,365 to prepare the plans, specifications and engineer's estimate for the Avenue 54 Pavement Rehabilitation Improvements, Project No. 2005-1 1; or 2. Do not approve a Professional Services Agreement with RKA Engineers, Inc., in the amount of $24,365 to prepare the plans, specifications and engineer's estimate for the Avenue 54 Pavement Rehabilitation Improvements, Project No. 2005-1 1; or 3. Provide staff with alternative direction. Respectfully submitted, % (Z zy-*�- Ti othy R. o ass , P.E. ublic Works Direc r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement (PSA) 0 2 3 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 RKA Civil Engineers, Inc. ("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 Avenue 54 Pavement Rehabilitation Improvements, Project No. 2005-1 1, 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, Consultant 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. 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. 2 RKA Ave 54 PSA Page 1 of 9 4 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Twenty -Four Thousand Three Hundred Sixty -Five Dollars ($24,365.00) (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 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. RKA Ave 54 PSA Page 2 of 9 5 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. David G. Gilbertson, Vice 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 Steve Speer, P.E. or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 2C"i5 RKA Ave 54 PSA Page 3 of 9 6 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 Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant 2 V RKA Ave 54 PSA Page 4 of 9 7 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. 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 07 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 RKA Ave 54 PSA Page 5 of 9 8 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 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. l! RKA Ave 54 PSA Page 6 of 9 9 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on. account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that 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 RKA Ave 54 PSA Page 7 of 9 10 writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: RKA Civil Engineers, Inc. Attention: David Gilbertson Vice President 398 S. Lemon Creek Drive, Suite E Walnut, CA 91789-2649 - 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. RKA Ave 54 PSA 2 1_ 0 Page 8 of 9 11 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date: ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: RKA ENGINEERS, INC. By: Name: David G. Gilbertson Title: Vice President Date: RKA Ave 54 PSA Page 9 of 9 12 Exhibit A Scope of Services Consultants scope of work to prepare the project plans, specifications and engineer's estimate (PS&E) for the Avenue 54 Pavement Rehabilitation Improvements, Project No. 2005-11 is attached and made a part of this agreement. 13 SCOPE OF WORK The scope of services outlined below is specific for the Avenue 54 Pavement Rehabilitation Improvements Project, Project No. 2005-11. Our proposed scope of services is provided in an outline format below. 1.0 RESEARCH 1.1 Provide project start-up. • Attend an initial project kick-off meeting with City Staff and sub - consultant to gain a greater understanding of the proposed project, discuss the scope of each element of the project, coordinate all aspects of the project, discuss City goals and improvements to be included in the plans. • Conduct research of all "as -built" plans, utility records, soils data, centerline ties and right-of-way information, and other information, which may be pertinent from the City and the County. 2.0 UTILITY RESEARCH AND COORDINATION 2.1 Provide Research and Utility Coordination in accordance with City Utility Notification Procedures. • Obtain a list of the owners of underground facilities within the project area from Dig Alert. • Research and obtain file copies of utility maps within the project limits for existing and/or proposed facilities. • Plot existing and proposed utilities in plan and profile view of the construction drawings. • Prepare preliminary plans with utility notices/questionnaires to be sent to utility companies. • Monitor response of utility notices received by the City and provide recommendations for mitigating conflicts. Provide notice and approved plans to affected utility agencies requesting them to coordinate for potential upgrades, adjustments, and/or relocations. • Attend coordination meetings when required regarding adjustments and relocations. • Coordinate potholing with affected utility agencies. 2.2 Coordinate, prepare necessary documentation, and acquire any necessary permits with any impacted agencies as necessary. 3.0 GEOTECHNICAL INVESTIGATION ILA BELLE-MARVIN, INC.) 3.1 Obtain asphalt pavement cores and subgrade samples with R-values at up to six various locations within the project limits. 3.2 Provide compression testing of 3 samples with varying percentages of cement content. 4 0 14 3.0 GEOTECHNICAL INVESTIGATION (LA BELLE-MARVIN, INC.) CONT. 3.3 Obtain the required R-value, grain size, and compaction tests within the project limits. 3.4 Evaluate the existing soil parameters, Traffic Index, and R-values to develop recommended pavement structural sections. 4.0 IMPROVEMENT PLAN PREPARATION 4.1 Base Sheet Preparation • Compile data from existing improvement plans to be provided by the City. • Plot existing and proposed utilities in plan view. • Compile record data/maps. • Prepare base sheets identifying the existing improvements within the project limits required for the proposed street reconstruction improvements. • Field review the entire project to verify the accuracy of the base sheets. 4.2 Street Improvement Plan Preparation • Prepare typical sections for the street improvements clearly showing the limits and details of the new pavement section. • Prepare preliminary and final street improvement plans (plan only) for the proposed improvements at 40 scale (1" = 40') following the City of La Quinta standard AutoCad format. • Each sheet shall contain construction notes and quantities, applicable details, and legends with the standard City of La Quinta title block. • Provide locations and details for the rehabilitation of pavement sections. Provide locations and details for the adjustment of manholes and water valve covers. 4.3 Signing and Striping Plan Preparation • Collect and review existing signing/striping plans for the project site for application of signing and striping design standards and criteria. Coordinate existing conditions with proposed improvements. • Coordinate with the City of La Quinta for pertinent design considerations and requirements. • Visit the project site, measure and verify existing surface conditions. • Prepare signing and striping plans at 40 scale (1" = 40') following the City of La Quinta standard format. The signing and striping plan will incorporate existing and proposed signing and striping details associated with proposed roadway and striping configurations. 14 15 5.0 ADMINISTRATION 5.1 Provide approved plans to City on compact disk, as well as on "D" size Mylar. 5.2 Prepare preliminary and final detailed construction specifications in accordance with the City's Standard Plans and "Boiler Plate" specifications, California Department of Transportation (Caltrans), and the Standard Plans for Public Works Construction (Green Book). 5.3 Prepare preliminary and final quantity and cost estimates in MS Excel format for the proposed improvements. 5.4 Attend a maximum of two (2) coordination meetings with City Staff. 6.0 SUPPORT SERVICES DURING BIDDING PHASE 6.1 Respond to bidders inquiries. 6.2 Attend pre -bid conference and respond to questions. 6.3 Prepare and issue addendums when required. 6.4 Provide assistance to the City in securing bids, tabulation and analysis of bid results. 6.5 Provide recommendations on the award of a construction contract. 16 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Twenty -Four Thousand Three Hundred Sixty - Five Dollars ($24,365.00) except as specified in Section 1.6 - Additional Services of the Agreement. 21 17 Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. M Exhibit D Special Requirements None. 218 MI T4tyl 4 eep QK&fC4(J COUNCIL/RDA MEETING DATE: November 1, 2005 ITEM TITLE: Approval of a Contract Change Order to Yeager-Skanska for Delays on Project No. 2001-07, Highway 1 1 1 Widening and Signal Modification from La Quinta Center Drive to Adams Street RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve Contract Change Order (CCO) No. 3 in the amount of $70,165.14 to Yeager-Skanska for the Highway 111 Widening and Signal Modification from La Quinta Center Drive to Adams Street, Project No. 2001-07, and appropriate $70,165.14 from the General Fund Reserves to Account No. 401-1732-551.45- 01. FISCAL IMPLICATIONS: On November 16, 2004, Yeager-Skanska was awarded a contract to construct the improvements to widen Highway 1 1 1 between La Quinta Center Drive and Adams Street. At the time of award of the project, based upon the bid from Yeager-Skanska, the following project budget was adopted: Construction: Inspection/Testing/Survey: Administration: Professional: Contingency: Total: $516,064 $ 40, 000 $25,000 $2,184 $52,000 $ 635,248 Due to delays to the project caused by Caltrans and beyond the control of the contractor, the contractor was unable to begin work until October 2005. During that time frame, material costs rose significantly for construction materials, diesel fuel, and labor that resulted in increased costs to the overall project. Since these delays were not caused by the contractor, staff recommends increasing the contract by $70,165.14 as required by Yeager-Skanska. As illustrated, a shortfall exists between the amount available within the contingency budget of $52,000 and the amount necessary for CCO No. 3, therefore an appropriation of $70,165.14 is recommended from the General Fund Reserves in order to cover the cost of this CCO and to keep the contingency amount intact for completing the remainder of the work. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 16, 2004, Yeager-Skanska was awarded the Highway 111 Widening and Signal Modification Project from La Quinta Center Drive to Adams Street in the amount of $516,064.40. Construction was to begin after the holiday season in early 2005; however, two sets of changes to the plans by the Caltrans inspection division after the encroachment permit had been issued for this project resulted in an approximate 10-month delay to the project. The contractor has requested, and staff supports, an increase in the contract amount that has resulted during this time frame due to increased labor, fuel, and material costs totaling $70,165.14. Contingent upon City Council approval of CCO No. 3 the project is expected to be completed by January 2006. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve Contract Change Order No. 3 in the amount of $70,165.14 to Yeager-Skanska for the Highway 1 1 1 Widening and Signal Modification from La Quinta Center Drive to Adams Street, Project No. 2001-07 and appropriate $70,165.14 from the General Fund Reserves to Account No. 401-1732-551 .45-01; or 2. Do not approve Contract Change Order No. 3 in the amount of $70,165.14 to Yeager-Skanska for the Highway 111 Widening and Signal Modification from La Quinta Center Drive to Adams Street, Project No. 2001-07 and do not appropriate $70,165.14 from the General Fund Reserves to Account No. 401-1732-551.45-01; or 3. Provide staff with alternative direction. Respectfully submitted, Ti othy R. Jo a so E. P blic Works n ct' ity Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Contract Change Order No. 3 T...'af 4 4Qulnra Sheet 1 of 2 PROJECT NO. 2001-07 Highway 111 Widening and Signal Modification from La Quinta Centre Drive to Adams Street CONTRACTOR: Yeager Skanska, Inc., 1995 Agua Mansa Road, Riverside, CA 92509 CONTRACT CHANGE ORDER NO. 3 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE Cost increases due to delays as per Proposal dated September 6, 2005. Original Contract Amount through Contract Change Order No. 2 $543,669.35 Add This Change Order No. 3 $70,165.14 Revised Contract Total $613,834.49 By reason of this contract change order the time of completion is adjusted as follows: 43 days added to contract time. The original contract completion date was 10/20/05, the revised completion date is 12/2/05. Submitted By: Date: Approved By: Date: We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Contractor: Title: Date: T:\PWDEPT\PROJECTS\2 CONSTRUCTION\2001-07 Hwy 111 - Simon -Adams (Phase 1)\Construction\Progress Payments & CCOs\CCO 3 increase materials cost.doc ��i(eager SKANSKA ESTIMATE AND PROPOSAL: Good for 30 days unless otherwise specified. Yeager Skanska Inc. Engineering/Estimating 1995 Agua Mansa Road Riverside, CA 92509-2405 Phone 909 684 5360 Fax 909 788 2449 Web www.usacivil.skanska.com REVISED TO: CITY OF LA QUINTA DATE: September 6, 2005 ADDRESS: P. O. Box 1504 PHONE # (760) 777-7045 CITY/STATE/ZIP: La Quinta, Ca 92253-1504 FAX # (760) 777-7155 City Project No. 2001-07 Highway I I I Widening and Signal Improvements JOB LOCATION: La Quinta Center Drive to Adams Street, City of La Quinta JOB NUMBER: 14-0851 ATTENTION: Timothy Jonasson, Public Works Director JOB PHONES: REVISED ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL REQUEST FOR CHANGE ORDER 2. High Light Electric Increases due to delay $ 6,200.00 Plus 10% 1 LS $6,820.00 $6,820.00 3. Pole Delivery & Storage Charge $3,500.00 Plus 10% 1 LS $3,850.00 $3,850.00 4. Striping Changes $8,743.60 Plus 10% 1 LS $9,617.96 $9,617.96 5. Caltrans Encroachment Permit $9,840.00 Plus 5% 1 LS $10,824.00 $10,824.00 6. Liquid Asphalt Increases 85.50 TN $141.14 $12,067.47 7. Concrete Material Increase 88.00 CY $3.72 $327.36 8. Class 2 Aggregate Base Material Increase 1,500 TN $1.24 $1,860.00 9. All Risk Insurance Increases $1,911.00 Plus 15 % I LS $2,197.65 $2,197.65 10. Cold Milling Rental Equipment Increase I LS $1,313.50 $1,313.50 11. Yeager Skanska Inc. Labor Escalation Increases 1 LS $5,008.00 $5,008.00 12, Yeager Skanska Inc. Equipment & Fuel Increases I LS $11,702.00 $11,702.00 13. Job Bond & Sub Bonds Increases 1 LS $1,021.40 $1,021.40 14. Class 2 Base Haul Increases (Boone Trucking) 1,500 TN $1.05 $1,575.00 15. Asphalt Material Haul Increases (Boone Trucking) 1,555 TN $0.82 $1,275.10 16. SS-H Oil Emulsion Increase (Tack Coat) 5 TN $141.14 $705.70 TOTAL $70,165.14 NOTE: Per General Conditions 8.2 Neeotiated Chance Orders Contractor may add up to ten (10) percent of the percent of the subcontractors's total for its combinded overhead and profit. CONDITIONS: 1. Scope of work includes: Added signal gear, pole foundations and removal of ped barricade item and elimination of r-signs only, based on 8/5/05 dated plans. 2. Pole E modifications shall be done in the field by HLE representatives to accommodate 17 foot height requirement. 3. Pole order to take 10-12 weeks ARO. City may supply one and may deduct cost of the pole or HLE can supply a stock pole of 1999 CT STD plan or better without tags for $1,000.00 deduct from price. No time impact cost included. If Caltrans require tags, City can request a stock pole from Caltrans and then we will replenish after it arrives or City to direct purchase from Caltrans. 4. Request 10-12 weeks extension of contract time plus 7 Calendar Days for Signal and S Wki'O nMSKA INC. BY: D. C. Bockmann LICENSE NUMBER: 140069 T.I.N. 95-1751673 Project Manager/Sr. Estimator 3 ce4at 4 aCP4u&rw COUNCIL/RDA MEETING DATE: November 1, 2005 ITEM TITLE: Approval of a Professional Services Agreement with Harris and Associates for an Interim Construction Manager and Construction Inspector RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) with Harris and Associates for an Interim Construction Manager and Construction Inspector Services. FISCAL IMPLICATIONS: The proposed PSA calls for Harris and Associates to be paid at a flat rate of $150 per hour for Interim Construction Management Services and a flat rate of $90 per hour for construction inspection services for the Construction Division of the Public Works/Engineering Department. These two positions are being created on an interim basis until the Construction Manager position can be permanently filled. The estimated time for this recruitment is three to six months. A PSA has been prepared for services rendered on a time and material basis for a total cost not to exceed $300,000 for this time period. Staff anticipates these services will be paid from salary savings and developer inspection fees. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Currently the Construction Senior Engineer position is vacant within the Construction Division of the Public Works/Engineering Department. Additional inspection is also needed for Capital Improvement Projects scheduled for completion in the Fiscal Year 2005/2006 Capital Improvement Program. io Staff solicited proposals from two engineering firms for interim construction management and inspection services and believes that Harris and Associates is best qualified to provide these services to the City. Due to the immediate need to fill these positions, staff did not follow the formal RFP process. Harris and Associates has done similar work for the City of La Quinta in the past as well as for other cities in the Coachella Valley. The Interim Construction Manager will work until a permanent manager is hired. The construction inspector will work on an as -needed basis depending on the inspection work load. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement with Harris and Associates for an Interim Construction Manager and Construction Inspector Services; or 2. Do not Approve a Professional Services Agreement with Harris and Associates for an Interim Construction Manager and Construction Inspector Services; or 3. Provide staff with alternative direction. Respectfully submitted, rimothy Jo as on, P.E. Public Works Director/City Engineer Approved for submission by: ` Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement 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 Harris & Associates ("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 Construction Management and Inspection Services for FY 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. 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. �. 3 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") at a flat rate of $150 per hour for interim construction manager services and $90 per hour for construction inspection services. TOTAL NOT TO EXCEED THREE HUNDRED THOUSAND DOLLARS ($300,000) (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 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. �'�" 4 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. Ramiro S. Herrera, Regional Manager It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, Public Works Director/City Engineer or such other person as may be designated by the City Manager. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 3 :• 5 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 Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents, City indemnitees, 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) ("claims") and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this r 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 City indemnitees 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 City indemnitees, or at the City's option, reimburse the City indemnitees 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 City indemnitees. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the 7 230 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 therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 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, for recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and 9 232 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. CITY: City Of La Quinta Attn: Timothy R. Jonasson 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247-1.504 CONSULTANT: Harris & Associates Attn: Ramiro S. Herrera 74-333 Highway 1 1 1, Suite 101 Palm Desert, CA 92260 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. 10 2�3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: HARRIS & ASSOCIATES in Name: Title: Date: Date: EXHIBIT A SCOPE OF SERVICES The Consultant shall provide services as follows: INTERIM CONSTRUCTION MANAGER 1. Act as interim Construction Manager for the City's Construction Division which is generally responsible for overseeing the construction of the City's Capital Improvements Program (CIP) projects as well as developer financed private commercial and residential projects. 2. Supervise, train, advise, and evaluate the performance of the Construction Division staff including two Assistant Engineers, three private development construction inspectors, one CIP construction inspector, and one secretary. 3. Act as City's representative on construction issues at meetings with Public Works staff, members of other City departments, the public, and outside agencies as requested by the Public Works Director. CONSTRUCTION INSPECTOR 1. Provide qualified technical field representative to monitor the construction of a variety of public works Capital Improvement and private development construction projects. 2. Prepare and track project schedules as directed by the City. 3. As directed by the City, prepare necessary correspondence, reports, and memos necessary to administer various City capital improvement projects and/or private development projects. 4. Observe, document and report on project progress, daily construction activities, assume the City's role and act as the City's agent with contractors, developers, other outside agencies and with City contracted technical consultants. 5. 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 THREE HUNDRED THOUSAND DOLLARS ($300,000) except as specified in Section 1.6 - Additional Services of the Agreement. The agreed upon hourly rate for qualified construction inspection personnel provided by the consultant shall be $150 per hour flat rate for Interim Construction Manager Services and $90 per hour flat rate for Construction Inspection Services for all time periods. The City shall not pay any additional hourly wage for hours worked over 40 nor over 8. Compensable time shall begin when the inspector arrives at the designated work site and shall end when the inspector leaves the designated work site to commute or stops conducting business associated to the City. 13 EXHIBIT C SCHEDULE OF PERFORMANCE Consultant shall provide services on a full time basis beginning November 2, 2005 for a maximum period of six months or until a permanent Construction Manager and Construction Inspector are hired by the City. ►� 14 EXHIBIT D SPECIAL REQUIREMENTS AT NO ADDITIONAL COST TO THE CITY: 1. The Consultant shall provide a hand held (type) cellular telephone and service compatible with the City's cellular phone service for each inspector assigned to the City at no additional cost to the City. 2. The Consultant shall provide a hand held digital "smart level", one for each inspector, calibrated for use in the performance of the inspector's duties to determine percent of slope of inspected horizontal surfaces for compliance with various design guidelines. 3. The Consultant shall provide each inspector a "digital" camera for daily photographic documentation. The City shall provide the necessary means of printing and downloading of digital photos for archive purposes. Said camera shall have "date back" capability and of sufficient mega pixel resolution to review relevant details of the work inspected. 4. The Consultant shall provide each inspector with a hand held digital weather monitoring device. The device shall provide site -specific data of wind speed, ambient temperature and relative humidity, all data to be recorded in inspector's daily report. 5. The Consultant shall insure that each inspector has successfully completed the "Coachella Valley Fugitive Dust Control Class" provided by the South Coast Air Quality Monitoring District (at no cost) and renewed every two years. 6. The Consultant shall provide his or her own transportation to and from the designated work site. AT NO ADDITIONAL COST TO THE CONSULTANT: 7. The City shall make available one fully equipped office for the interim construction manager and limited office space, land -based telephone and service, reproduction facilities, fax service, and minor clerical support as needed for the consultant's inspector at no additional cost to the consultant. �' '' 15 COUNCIL/RDA MEETING DATE: November 1, 2005 ITEM TITLE: Consideration of Action to Take From the Table the Amendments to the City Charter and Municipal Code Relating to the Community Services and Cultural Arts Commissions RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: _ At the regularly scheduled City Council meeting of October 18, 2005, the City Council discussed the above -referenced subject. Staff was directed to place a business item on the next agenda to consider taking the Community Services and Cultural Arts Commissions issue off the table. This item has been placed on the November 1, 2005 City Council meeting pursuant to that direction. Additionally, should the City Council take the issue off the table, the City Council may consider action on the next Business Item of this November 1, 2005 agenda. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Take from the table the amendments to the City Charter and Municipal Code relating to the Community Services and Cultural Arts Commissions; or On940 2. Do not take from the table the amendments to the City Charter and Municipal Code relating to the Community Services and Cultural Arts Commissions; or 3. Provide staff with alternative direction. Approved for submission by: C �! Thomas P. Genovese, City Manager �q 2 0 / T OF I9 COUNCIL/RDA MEETING DATE: November 1, 2005 ITEM TITLE: Consideration of Amendments to the City Charter and Municipal Code, Repealing Chapter 2.75 Cultural Arts Commission; Repealing Chapter 2.95 Community Services Commission; and Adding Chapter 2.85, Creating the Arts, Parks and Recreation Commission, or to Take Other Actions Regarding Such Commissions RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: FRE A savings in staff time, support services and commissioner expense may be realized by consolidating commission duties. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The suggestion to consider consolidation of the Community Services and Cultural Arts Commissions was brought forward by Council Member Osborne at the regular meeting of May 3, 2005. The matter was considered as a business item at the meeting of May 17, 2005 and staff was directed to inform the members of the Community Services and Cultural Arts Commissions of the City Council's decision to consolidate the two commissions. Community Services Director Dodie Horvitz advised both Commissions at their June meetings. The City Clerk notified all the members of each Commission, by letter, of the City Council's decision to consolidate, and informed 241 them of the Council's stated intent to appoint all of the current Commissioners to the newly formed body. The Commission vacancies were advertised in the Gem in early May and, as a result, applications were submitted for both Commissions. The applications are included in the staff report dealing with reappointments to City Boards, Commissions, and Committees. As of the closing date on June 21, 2005, the following provides the status of each Commission: Community Services Commission *Robert Leidner *Edward T. Hackney *Victoria St. John *Mark Weber Vacant Position Cultural Arts Commission Else Loudon Elaine Reynolds Sheldon Brodsky *Andrea Gassman Vacant Position Reapplied Term expires 6/30/2005 Reapplied Term expires 6/30/2006 Term expires 6/30/2006 Term expires 6/30/2006 Term expires 6/30/2005 Did not reapply Did not reapply Resigned Term expires 6/30/2005 Term expires 6/30/2005 Term expires 6/30/2006 Term expires 6/30/2006 The net result is four (4) Community Services Commissioners are eligible for appointment and one (1) Cultural Arts Commissioner is eligible for appointment to the newly formed commission. The eligible Commissioners are indicated with an asterisk (*). The City Council discussed the concept of appointing an eight (8) member commission and allowing natural attrition to reduce the size to a seven member body. The Council also discussed appointing a five (5) member commission. The direction of the City Council as to the size of the new commission will be incorporated in.the final draft of the Ordinance. As a place holder, the name Arts, Parks, and Recreation Commission is used in this report; however, it is in the purview of the Council to provide direction as to the desired name. This direction will also be incorporated in the final draft of the Ordinance. The City Council considered this matter at the meetings of August 2, 2005 and September 6, 2005. Council Member Perkins was absent from those meetings and the 242 2 City Council tabled the matter. At the October 18, 2005 meeting, Council Member Osborne requested the item be taken off the table and agendized for today's meeting. At the suggestion of the City Attorney, the agenda description for this item included a reference to potentially taking other action with regard to the commissions to allow the Council to consider and take action upon any alternative suggestions that might surface during the discussion of this item, if it is taken from the table. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Amend the La Quinta Charter and Municipal Code by repealing Chapter 2.75 (Cultural Arts Commission) and Chapter 2.95 (Community Services Commission) and adding Chapter 2.85 to the La Quinta Charter and Municipal Code relative to the Arts, Parks and Recreation Commission. A. Motion to take up Ordinance No. by title and number only and waive further reading. B. Motion to introduce Ordinance No. on first reading; or 2. Do not introduce Ordinance amending the La Quinta Charter and Municipal Code; or 3. Take other actions regarding such commissions; or 4. Provide staff with alternative direction. Approved for submission by: Thomas P. Genovese, City Manager 243 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING A NEW CHAPTER 2.85 (ARTS, PARKS, AND RECREATION COMM/SS/OM AND REPEALING CHAPTERS 2.75 AND 2.95 THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, Chapters 2.75 and 2.95 of the La Quinta Municipal Code (the "Code") concern the City of La Quinta's (the "City") Community Services Commission and Cultural Arts Commission, respectively; and WHEREAS, the City finds that there are common duties, objectives, and other factors between these commissions; and WHEREAS, the City has determined that creating one new Arts, Parks, and Recreation Commission would be the most efficient and productive way to provide the services heretofore assigned to the Community Services Commission and the Cultural Arts Commission; and WHEREAS, the City has determined that there is no necessity to continue the Community Services Commission and the Cultural Arts Commission as separate commissions; and WHEREAS, the City believes that these changes are in the best interest of the citizens of the City of La Quinta. NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Chapters 2.75 and 2.95 are repealed in their entirety. SECTION 2. Chapter 2.85 (Arts, Parks, and Recreation Commission) is added as follows: 2.85.010 Created — Defined. 2.85.020 Purpose and Objectives. 2.85.030 Members — Appointments — Terms. 24 4 Ordinance No. Charter & Municipal Code Addition Chapter 2.85 / Arts, Parks, and Recreation Commission Adopted: September 6, 2005 Page 2 2.85.040 Powers and Duties. 2.85.050 Committees. 2.85.060 Staffing. 2.85.010 Created - Defined The Arts, Parks, and Recreation Commission is created and established. The term "Commission" as used in this chapter, shall refer to the Arts, Parks and Recreation Commission. 2.85.020 Purpose and Objectives 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. The Commission is also 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 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 other cultural art organizations. B. To advise the City Council in identifying community needs for recreation and social services. C. To encourage and facilitate programs in the arts thereby promoting 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, radio, television, and technology. D. To recommend funding opportunities, such as conducting fundraisers, and contacting representatives of public and private funding agencies and art patrons. 245 5 Ordinance No. Charter & Municipal Code Addition Chapter 2.85 / Arts, Parks, and Recreation Commission Adopted: September 6, 2006 Page 3 E. To serve as advisors to the City Council on all matters pertaining to community services and public recreation, including identifying the community need for the services, and the management, conduct, care and development of the parks and playgrounds in the City. 2.85.030 — Members — Appointments - Terms A. The commission shall consist of (seven/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, interests and viewpoints, including providers, recipients and professionally -related occupations are represented. Membership may include representation from organized social, cultural, community services, law enforcement, recreation, public health, gang prevention, child care, and senior services, for example. Both public and private may be represented. C. Member terms shall be for a period of two years. Initial appointments shall be staggered with (three/two) having one (1) year terms and (four/three) members having two (2) year terms. 2.85.040 — Powers and Duties A. General Duties 1. Analyze cultural arts and community services programs as to effectiveness and need, 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. Serve as a public forum and conduct public hearings for recreation, art, opportunities for participation of artists and performers in City -sponsored activities, and human services concerns; 246 6 Ordinance No. Charter & Municipal Code Addition Chapter 2.85 / Arts, Parks, and Recreation Commission Adopted: September 6, 2005 Page 4 5. Make recommendations to the City Council on funding of community art events and parks and recreation facilities and programs, search for private and public grants and promote cooperation with other governmental agencies and volunteer organizations. 6. Make recommendations to the City Council on community issues; 7. Develop public art awareness through the presentations of speakers, forums, mixers and special events; 8. Review parks' maintenance standards and quality; 9. Maintain and implement the Art in Public Places Plan subject to approval by the City Council; 10. Implement cultural and recreation activities as may be delegated by the City Council from time to time including selection of artists and providers for programs and projects, the award of contracts for art projects and programs; 11. Review individual park master plans for recommendation to the City Council; 12. Propose recreation, performing arts, and social programs; 13. Work with City staff to develop a list of possible public art and park sites; 14. Encourage and promote understanding and cooperation between public safety agencies and the residents; 15. Seek ways to procure public art and park and recreation amenities through fees, endowments, donations, loan programs, trusts and similar means of support; and 16. Evaluate existing programs and services with regard to service overlap or gaps. 2.85.050 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. 4247 7 Ordinance No. Charter & Municipal Code Addition Chapter 2.86 / Arts, Parks, and Recreation Commission Adopted: September 6, 2005 Page 5 2.85.060 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. SECTION 3. Effective Date: This Ordinance shall be in full force and effect 30 days after its adoption. SECTION 4. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 6" day of September, 2005, by the following vote: AYES: Council Members NOES: None ABSENT: None DON ADOLPH, Mayor City of La Quinta, California 0 Ordinance No. Charter & Municipal Code Addition Chapter 2.85 / Arts, Parks, and Recreation Commission Adopted: September 6, 2005 Page 6 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 0 A 3 Ordinance No. Charter & Municipal Code Addition Chapter 2.85 / Arts, Parks, and Recreation commission Adopted: September 6, 2005 Page 7 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 421 which was introduced at a regular meeting on the 2"d day of August, 2005 and was adopted at a regular meeting held on the 61h day of September, 2005 not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California T400 t (f 4 4Q" COUNCIL/RDA MEETING DATE: November 1, 2005 ITEM TITLE: Consideration of a Request by the Chamber of Commerce For Expanded Use of the Library Facility RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Provide direction to staff regarding the request by the Chamber for additional use of the classroom so that it may be incorporated into the lease agreement. FISCAL IMPLICATIONS: The classroom would not be available to rent to outside organizations during times that the Chamber was authorized to occupy it. Rental rates for the classroom vary between $50 and $95 an hour, depending on the organization's classification per the City's rental policy. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the July 18, 2005 meeting, the City Council authorized the City Manager to execute a lease agreement with the Chamber of Commerce for use of a portion of the library. Specifically, the lease would allow the Chamber to use the Community Room for its daily operations, as well as the classroom one day a month for the Chamber's Board of Directors meeting. The rent was set at $1,000 a month plus $300 a month to help offset the cost of utilities. The term of the agreement is three years. Included as Attachment 1 are the minutes for the July 181h meeting regarding this issue. On October 18, 2005, the Chamber submitted written correspondence requesting additional use of the classroom. That letter is included as Attachment 2. Included as Attachment 3 is a monthly calendar indicating the times the Chamber would like to use �J1 the classroom for various committee meetings. All of the meetings are scheduled during normal working hours and would not interfere with weekend rental of the classroom. The average length of each meeting is about one hour so the Chamber is requesting an additional 5-6 hours per month of classroom use. Staff contacted library personnel to determine if there was a need or interest in utilizing the classroom for their programs. Library staff did indicate that they would like to use the classroom for library programs. Preliminary estimates indicate that they would like to use the classroom 7-10 yours a week for adult and children's programs, which could increase if demand for the programs increases. After review of a preliminary schedule of proposed programs provided by the library, it appears that both entities could be accommodated in the classroom with proper schedule coordination. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Provide direction to staff regarding the request by the Chamber for additional use of the classroom so that it may be incorporated into the lease agreement; or 2. Do not authorize additional use of the classroom; or 3. Provide staff with alternative direction. Respectfully submitted, a-r-- Toin H ng, irector of Building & Safety Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Meeting Minutes of July 18, 2005 2. Letter from Chamber requesting additional classroom use 3. Chamber calendar of meeting dates 252 2 City of La Qu"snta 5 City Council Minutes ATTACHMENT 1 MOTION: It was moved and seconded by t dopt a resolution approving the Fiscal Year ZUOb " Ub city of La uuinta Budg The motion cal ed with Council Member P kins ABSENT. MOTION: It was Sniff/Henderson to re The motion was Yeu' and seconded by Council Members and file a Five-year Resource Allocation Plan. with Council Memtmf Perkins ABSENT. Richard Oil ant, asked to have a moment to than he City Council for their action i funding the University of California - San B ardino, Palm Desert Cam s. He said the donation has enabled them to be ve ear to reaching t it goal. 2. CONSIDERATION OF A LEASE AGREEMENT WITH THE CHAMBER OF COMMERCE FOR A PORTION OF PHASE 11 OF THE LIBRARY. Director of Building and Safety Tom Hartung presented the staff report. He stated the Phase II portion of the library is expected to be completed by October 1, 2005. He reported the Chamber of Commerce is willing to pay up to $12,000 per year for the use of the room and up to $250 per month for utility costs. Council Member Sniff asked if the community room has any windows. Director Hartung stated it has a wall of windows that opens to a community garden. Council Member Sniff asked about the proximity of restrooms. Director Hartung showed the location of restrooms adjacent to the community room that will serve the library patrons as well. He explained the hall would need to have a gate to section it off when the library was not in operation. Council Member Sniff questioned if special electrical hook-ups would be needed to accommodate the Chamber's business machines. Mr. Hartung responded the building has a drop ceiling and the electrical can be easily accessed for the area. In response to Council Member Sniff's question regarding the sufficiency of the $250 per month to cover the utilities, Director Hartung said it would probably not cover the cost, but it would . be difficult to break out the exact amount used for any one specific area of the building. 253 3 City of La Quinta City Council Minutes 6 July 19, 2005 Council Member Osborne asked about the proposed period of time the Chamber of Commerce would like to lease this space. Lou Piper, the newly sworn -in President of the Chamber of Commerce responded they would like a term of three years. Council Member Henderson asked if the air conditioning covers all of the building or if the finished library section has a separate unit. Mr. Hartung stated each of the two sections of the library have a separate system. Mayor Adolph asked if the community room will be carpeted or if the Chamber of Commerce would be required to carpet it. Director Hartung stated the carpet is a part of the Phase 11 construction so it will be installed when the Chamber of Commerce moves into the facility. In response to Mayor Adolph's question about cleaning of the leased area, Mr. Hartung replied if the chamber wishes to have janitorial service, he would suggest they use the same service as the city contracts with, so there are not too many keys to the facility released to the outside. Director Hartung pointed out, if the chamber wished to use the classroom for their Board meetings, they would need to schedule the time and the city would reserve it for their use. Council Member Henderson thanked the Chamber of Commerce for consideration of the need to pay something toward the lease of the space and felt they will be very pleased with the overall upgraded space. She also suggested a yearly report be given by the Chamber outlining their efforts to secure a permanent home. Council Member Sniff said he has always favored this and would like to see a three-year lease with the option for one additional year if necessary. He said he feels the utility cost should be increased to $300 per month. Council Member Osborne asked what the anticipated time period is before the second phase area will be needed by the library. Director Hartung responded it isn't anticipated to be needed any sooner than five years. Mayor Adolph was concerned about the . option for an additional year. He stated that decision can be made, if there is a need, at the end of the lease. He felt Highway 111 is a better location and is hopeful the chamber will be looking for a permanent office during the three-year lease period. 2 J '� " 4 City of La ouinta 7 July 19, 2005 City Council Minutes Lou Piper, President of the Chamber of Commerce agreed this is an interim solution and said they are very serious about finding a permanent home for the chamber. He said all of the points discussed by the City Council are amenable to the Chamber of Commerce. MOTION: It was moved and seconded by Council Members Sniff/Osborne to authorize the City Manager to enter into an agreement with the Chamber of Commerce for the lease of the Phase Two area of the Library having a term of three years with an option for one additional year subject to approval by both parties, at a rate of $1,000 per month for the lease and $300 per month for utilities. The motion was unanimously carried with Council Member Perkins ABSENT. 3. ONSIDERATION OF AMENDMENTS TO THE CITY /ARAR D ICIPAL CODE, REPEALING CHAPTER 2.75 CUS CO ISSION; REPEALING CHAPTER 2.95 COMMUNES ION; AND ADDING CHAPTER 2.85, CREATING TKS AND REC TION COMMISSION. COMMACTION: It agreed by unanimous consensus to com until the meeting o ugust 2, 2005, due to the absence ofer Perkins. 4. CONSIDERATION OF APPOIN ENTS TO VARIO S CITY COMMITTEES AND COMMISSIONS. ACTON: The City Council agreed by an' ous consensus to postpone this matter until the meeting of August 2, 2 5, based on its inability to act on the previous item. 5. CONSIDERATION OF THE RED LIGH CAMERA based MENT PROGRAM, PROJECT NO. 2004-06. Public Works Director Tim Jon son presented the staff repo . and :said, sked City Attorney Jenson to assis ith the legal aspects of the report. to -date, staff and Transol, ave not reached agreement on the form the agreement. He said the o Iginal discussions with Transol were about ha . g a one-year "revenue ne ral" trial. He said the objection they have is bein responsible for attorn 's fees and legal costs. 5 Gem of the Desert ATTACHMENT 2 78-250 Calle Tampico #B • La Quinta CA 92253 Lew E. Piper, Chairman of the Board KDI Stoneworks Ruth L Finholt, President/CEO La Quinta Chamber of Commerce Linda Evans, 1st Vice Chair John F. Kennedy Memorial Hospital Scott Brooks, 2nd Vice Chair JESA Printing Pedro Rincon, Treasurer Peterson, Slater & Osborne, CPA's Robert R Sylk, Secretary The Sylk Group David Howard, Immediate Past Chair Cherokee Homes BOARD OF DIRECTORS Stu Bailey Pacific Western Bank Victoria Bailey . Desert Springs Publishing Cathy Bretz IlD Energy Cosmo .Cappellino KEZN FM EZ 103.1 Jon P. Gaffney Desert Sands Unified School District Alexis Larson Palm Springs Desert Resorts Convention & Visitors Authority Thomas McDermott Jr. McDermott & Delateur, LLP Ken Napper Modern Woodmen of America John Pena John Pena & Associates Roger Perris PTF Financial Ron Salute Desert Southwest Insurance Brokers, Inc. Kurt A. Spurgin, D.C. Advanced Physical Health Center 4116N�iV CHAMBER OF COMMERCE October 10, 2005 Mayor Don Adolph City of La Quinta 78-495 Calle Tampico La Quinta CA 92253 Dear Mayor Adolph, Phone: (760) 564-3199 • Fax: (760) 56 31x1 OC1' 10 20% The La Quinta Chamber of Commerce requests your consideration on expanding our lease space to include the classroom for our committee meetings. In the lease, provided to us by Tom Hartung, Section 2., permits the Chamber the use of the classroom for one day each month for the Board of Directors meetings. However, the Chamber has Committee meetings once a month, with an average of 20 people attending. These committees are as follows: Executive, Events, Legislative, Membership, and Education. Also, we have sub -committee meetings for such events as Golf Tournament, Power Lunch, The Breakfast Network, BizNet 2006. These subcommittee meetings are not regularly scheduled but meet as needed. Our Bi-Monthly meeting with the City could be moved to City Hall. Our new office space allows room for (6) work stations, (2) offices, the Visitor Center and storage. There is no space for a conference area. The Chamber will provide you, upon request, a yearly calendar for the regular meetings but there are other meetings that will have to be scheduled on short notice. Other Items: 1. Section 13 does not provide for written notice of Default. 2. Signage is not addressed in the Lease. 3. 10 (a) Will our tenant improvements increase the insurance. 2J The Voice of Business Gem of the Desert 78-250 Calle Tampico #B • La Quinta CA 92253 MC6 UWATO CHAMBER OF COMMERCE Phone: (760) 564-3199 • Fax: (760) 564-3111 4. The Chamber agrees to use the original subs that completed the EXECUTIVE BOARD Library construction in order to maintain the warranties with the exception of Tangram. Lew E. Piper, Chairman of the Board KDI Stoneworks In our efforts to keep costs as low as possible, we have two bids Ruth J. Finholt, President/CEO that are substantially lower than Tangram, (the partitions) but have La Quinta Chamber of Commerce given Tangram an opportunity to lower their bid. Linda Evans, 1 st Vice Chair John F. Kennedy Memorial Hospital We are grateful to you for the office space you have already Scott Brooks, end vice chair designated to us and know that we will be very comfortable in that JESA Printing space until a permanent location can be secured. Pedro Rincon, Treasurer Peterson, Slater & Osborne, CPA's We appreciate your review of these items. Robert E Sylk, Secretary The Sylk Group Thank you, David Howard, Immediate Past Chair Cherokee Homes, y BOARD OF DIRECTORS r Ruth Finholt, President/CEO Stu Bailey Pacific Western Bank La Quinta Chamber of Commerce Victoria Bailey Desert Springs Publishing Cathy Bretz III) Energy Cosmo Cappellino KEZN-FM EZ 103.1 Jon P. Gaffney Desert Sands Unified School District Alexis Larson Palm Springs Desert Resorts Convention & Visitors Authority Thomas McDermott Jr. McDermott & Delateur, LLP Ken Napper Modern Woodmen of America John Pena John Pena & Associates Roger Perris PTF Financial Ron Salute Desert Southwest Insurance Brokers, Inc. Kurt A. Spurgin, D.C. " Advanced Physical Health Center 41 ( The Voice of Business 7 ,Gem of the Desert 0c►,70.tDecember 2005 Calendar of Committee Meetings CHAMBER OF COMMERCE (760) 564-3199 • www.lgchamber.com Sun Mon Tue Wed Thu Fri Sat / 2 3 4 5 6 7 8 9 10 Legislative Education Membership Committee Meeting Committee Meeting Committee Meeting 3:30 pm 9: 00 am 9:30 am 11 12 13 14 15 16 17 Board of Directors Meeting 11:45 am 18 19 20 21 22 23 24 Events Committee Meeting Office Closed Christmas Eve 9: 00 am 25 26 27 28 29 30 31 Christmas Office Closed 0 Gem of the Desert CHAMBER OF COMMERCE January Calendar of Committee Meetings (760) 564-3199 • www.lgchamber.com Sun Mon Tue Wed Thu Fri Sat C: 1') C\I 1 2 3 4 5 6 7 Education Office Closed Committee Meeting 9:00 am 8 9 10 11 12 13 14 Legislative Membership Committee Meeting Committee Meeting 3:30 pm 9:30 am 15 16 17 18 19 20 21 Executive Events Office Closed Committee Meeting Committee Meeting 3:30 pm 9: 00 am 22 23 24 25 26 27 28 Board of Directors Meeting 11:45 am 29 30 31 Gem of the Desert C� c.� ,r .�..�� Februar Calendar of Commit ee Meetings CHAMBER OF COMMERCE (760) 564-3199 • www.lgchamber.com Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 Legislative Education Membership Committee Meeting Committee Meeting Committee Meeting 3:30 pm 9: 00 am 9:30 am 12 13 14 15 16 17 18 Bi-Monthly Meeting Events City/Chamber Committee Meeting 9: 00 am 9: 00 am 19 20 21 22 23 24 25 Executive Office Closed Committee Meeting 3:30 pm 26 27 28 Board of Directors Meeting 11:45 am O T Gem of the Desert .-� ... �arc �� Calendar of Committee Meetings CHAMBER OF COMMERCE (760) 564-3199 • www.lgchamber.com Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 Legislative Education Membership Committee Meeting Committee Meeting Committee Meeting 3:30 pm 9:00 am 9:30 am 12 13 14 15 16 17 18 Events Committee Meeting 9:00 am 19 20 21 22 23 24 25 Executive Committee Meeting 3:30 pm 26 27 28 29 30 31 Board of Directors Meeting 11:45 am r r N T- Gem of the Desert CHAMBER OF COMMERCE C-12 *12006 ri Calen ar of Committee Meetings (760) 564-3199 • www.lgchamber.com Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 Legislative Education Committee Meeting Committee Meeting 3:30 pm 9: 00 am 9 10 11 12 13 14 15 Membership Committee Meeting 9:30 am 16 17 18 19 20 21 22 Bi-Monthly Meeting Executive Events City/Chamber Committee Meeting Committee Meeting 9: 00 am 3:30 pm 9: 00 am 23 24 25 26 27 28 29 Board of Directors Meeting 11:45 am 30 r Gem of the Desert CHAMBER OF COMMERCE Sun Mon Ma 2006 Calendar of ommittee Meetings (760) 564-3199 • www.lgchamber.com Tue Wed Thu Fri Sat Cn C-C) C.1 1 2 3 4 5 6 Legislative Education Committee Meeting Committee Meeting 3:30 pm 9: 00 am 7 8 9 10 11 12 13 Membership Committee Meeting 9:30 am 14 15 16 17 18 19 20 Executive Events Committee Meeting Committee Meeting 3:30 pm 9: 00 am 21 22 23 24 25 26 27 Board of Directors Meeting 11:45 am 28 29 30 31 Office Closed Gem of the Desert CHAMBER OF COMMERCE Sun Mon June 2006 CIII Calendar of Committee Meetings (760) 564-3199 - www.lgchamber.com Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 Legislative Education Membership Committee Meeting Committee Meeting Committee Meeting 3:30 pm 9: 00 am 9:30 am 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Bi-Monthly Meeting Executive Events City/Chamber Committee Meeting Committee Meeting 9: 00 am 3:30 pm 9: 00 am 25 26 27 28 29 30 Board of Directors Meeting 11:45 am L0 V- Gem of the Desert CID Jul 2006 C.2 N Calendar o ommittee Meetings CHAMBER OF COMMERCE Sun Mon (760) 564-3199 • www.lgchamber.com Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 Office Closed 9 10 11 12 13 14 15 Legislative Education Membership Committee Meeting Committee Meeting Committee Meeting 3:30 pm 9: 00 am 9:30 am 16 17 18 19 20 21 22 Executive Events Committee Meeting Committee Meeting 3: 30 pm 9: 00 am 23 24 25 26 27 28 29 Board of Directors Meeting 11:45 am 30 31 Gem of the Desert o August Calendar of Committee Meetings CHAMBER OF COMMERCE (760) 564-3199 • www.lgchamber.com Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 Education Committee Meeting 9: 00 am 6 7 8 9 10 11 12 Legislative Membership Committee Meeting Committee Meeting 3:30 pm 9:30 am 13 14 15 16 17 18 19 Executive Events Committee Meeting Committee Meeting 3:30 pm 9: 00 am 20 21 22 23 24 25 26 Bi-Monthly Meeting Board of Directors City/Chamber Meeting 9: 00 am 11:45 am 27 28 29 30 31 W Gem of the Desert i�- 'N � Se te"AllAber 2006 alendar of Committee Meetings CHAMBER OF COMMERCE (760) 564-3199 • www.igchamber.com Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 Office Closed Membership Committee Meeting 9:30 am 10 11 12 13 14 15 16 Legislative Education Committee Meeting Committee Meeting 3: 30 pm 9: 00 am 17 18 19 20 21 22 23 Executive Events Committee Meeting Committee Meeting 3:30 pm 9: 00 am 24 25 26 27 28 29 30 Board of Directors Meeting 11:45 am ti r OD T Gem of the Desert CHAMBER OF COMMERCE Sun Mon W W October C11 Calendar of Committee Meetings (760) 564-3199 • www.lgchamber.com Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 Legislative Education Committee Meeting Committee Meeting 3:30 pm 9:00 am 8 9 10 11 12 13 14 Membership Committee Meeting 9:30 am 15 16 17 18 19 20 21 Bi-Monthly Meeting Executive Events City/Chamber Committee Meeting Committee Meeting 9:00 am 3:30 pm 9:00 am 22 23 24 25 26 27 28 Board of Directors Meeting 11:45 am 29 30 31 Sun Mon CC') Ci C1 November 2006 Calendar of Committee Meetings (760) 564-3199 • www.lgchamber.com Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 I1 Legislative Education Membership Committee Meeting Committee Meeting Committee Meeting 3:30 pm 9: 00 am 9:30 am 12 13 14 15 16 17 18 Events Office Closed Committee Meeting 9:00 am 19 20 21 22 23 24 25 Executive Committee Meeting Office Closed Office Closed 3:30 pm 26 27 28 29 30 Board of Directors Meeting 11:45 am O� r Gem of the Desert CHAMBER OF COMMERCE Sun Mon CD I-- December 2006 C11 Calendar of Committee Meetings (760) 564-3199 • www.lgchamber.com Tue Wed Thu Fri Sat 1 2 Education Committee Meeting 9:00 am 3 4 5 6 7 8 9 Legislative Membership Committee Meeting Committee Meeting 3:30 pm 9:30 am 10 11 12 13 14 15 16 Executive Events Committee Meeting Committee Meeting 3:30 pm 9: 00 am 17 18 19 20 21 22 23 Bi-Monthly Meeting Board of Directors City/Chamber Meeting 9: 00 am 11:45 am 25 26 27 28 29 30 X24 31 O N 1 VV,IV•LQl11Y1,VCa01 L ovauIVY GaL ilia ,(H 771 5755 # 2/ 3 �t CITY OF LA QUINTA PUBLIC LIBRARY Library Hours: Sunday 12:OOPM4:OOPM Monday Closed Tuesday 10:00AM-6:OOPM Wednesday 10:OOAM-6:40PM Thursday 12:OOPM-8:OOPM Friday 10:OOAM4:OOPM Saturday 10:00AM-2:00PM CITY OF LA QUINTA CHAMBER OF COMMERCE Chamber Hours: Monday -Friday 9:OOAM-5:OOPM Parking: 3 Haig 3Z Covercd 66 Open 101 Total T4bt 4 4QUMrw COUNCILIRDA MEETING DATE: November 1, 2005 ITEM TITLE: Consideration of Amending Golf Course Rates for the Arnold Palmer Classic Course at SilverRock Resort and Policies Relating Thereto RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 1 . City Council not provide business owners reduced golf rates; 2. City Council direct staff as deemed appropriate with regard to free golf for current and future City Council members, 3. City Council amend the term of Resident Cards to two years; and 4. City Council retain the interpretation of the current eligibility requirements for a Resident Card (as outlined in Attachment 4). FISCAL IMPLICATIONS: City Council has approved an operating budget for the Arnold Palmer Classic Budget within t4 Annual Plan adopted July 20, 2004. This Plan provides for an annualized budget of $3,379,366 plus a contingency reserve of $170,634; projects an average per round fee of $83.97; gross profit (total revenue less cost of sales) of $3,4 7,408; and net revenue of $108,042 (assuming 37,816 rounds of play without u e of contingency reserves). This net revenue may partially offset other direct City costs for personnel and supplies not accounted for within the Annual Plan. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On September 20, 2005, City Council adopted Resolution No. 2005-72 (Attachment 1) amending the Golf Course Rate Schedule as adopted in Resolution No. 2004-137 (Attachment 2) providing junior golf rates and adjusting the dates for the spring season rates. The City Council also instructed staff to investigate a reduced golf rate for La Quinta business owners and free golf for current and future City Council members. Provided as Attachment 3 are the minutes relating to that discussion. Business Owner Reduced Golf Rates Staff investigated the policies of three valley municipal golf courses (Palm Springs, Palm Desert, and Indian Wells), which were contacted with regard to special business rates. Currently, none of the other municipal golf operations offer special business rates for businesses in their respective communities. Landmark Golf Management believes making discount golf rates available to business owners of commercial property would have a negative fiscal impact on the City of La Quinta. Other issues to consider if Council chooses to make business owners eligible for a Resident Card are as follows: What is the City's goal in offering business owners a Resident Card? Which business owners would be eligible for a Resident Card? • Owner(s) of undeveloped land? • Owner(s) of unoccupied/occupied business? • Tenant(s) of business? Manager(s) of business? Which documents would be required to prove eligibility as a business owner? City staff is also concerned about the negative fiscal impact and at a minimum, would recommend that any consideration of a business owner reduced rate not be considered until the course has seen a few more years of operation. Free Golf for Current and Future City Council Members Staff investigated the policies of three Valley municipal golf courses (Palm Springs, Palm Desert and Indian Wells) with regard to complimentary play for City Council members. 1� The City of Palm Springs does not have a formal Complimentary Golf Policy. All complimentary rounds are at the discretion of the Director of Golf at the Tahquitz Creek Golf Resort. The City of Indian Wells provides complimentary play for City Council Members and spouses (both current and former), City Employees, Resort Employees, visiting government officials and special guests, public relations and media, and executive and sales personnel of the Indian Wells hotels. And finally, the City of Palm Desert has a formal Complimentary Policy for employees of Desert Willow Golf Resort. City Council and City Employees do not receive complimentary golf. In addition to Council's consideration of the aforementioned issues of business owner reduced rates and free golf for Council members, staff would recommend Council consideration of the term of the La Quinta Resident Card. Term of La Quinta Resident Card The current Resident Card Policy defines the term of the Resident Card as one year. In reviewing this policy, staff recommends that the policy be amended to reflect a two-year term. Currently, the City of Palm Desert has a 1-year term, and the City of Indian Wells has a 3-year term. Staff believes there will be significant savings in staff time for issuance of the cards for a two-year term, as well as enhanced convenience for La Quinta residents by changing to a two-year term. Staff recommends the issuance of all cards expiring on or after January 31, 2006 be renewed on a two-year term basis. Eligibility Requirements for Resident Card One final item for the Council's consideration is the eligibility requirements for a Resident Card. The current eligibility requirements are outlined in the Resident Card Information Brochure (Attachment 4). The City recently received correspondence (Attachment 5) that requests a broader interpretation of residency than the staff is currently utilizing and, we believe, than Council intended. In essence, the request is to have issuance of Resident Cards to fractional ownership development. Staff recommends against this interpretation. The cost implication of this interpretation could be immense because such an interpretation would allow all investor -owned units in the City to be eligible for Resident Cards. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Direct staff to prepare an Amendment to the Golf Course Rates for the Arnold Palmer Classic Course at SilverRock Resort, per Council's direction, and/or change the Resident Card term to two years; or ►7 J 3 2. Do not direct staff to prepare an Amendment to the Golf Course Rates for the Arnold Palmer Classic Course at SilverRock Resort, per Council's direction, and/or do not change the Resident Card term to two years; or 3. Provide staff with alternative direction. Respectfully submitted, A�othy R. nas n, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Resolution No. 2005-72 2. Resolution No. 2004-137 3. Excerpt from September 20, 2005 Minutes 4. Resident Card Information Brochure 5. Letter from Marc Bailes, dated October 19, 2005 4 U ATTACHMENT 1 RESOLUTION NO. 2005-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING GOLF COURSE RATE SCHEDULE -AS ADOPTED IN RESOLUTION NO. 2005-033 WHEREAS, rates and policies were adopted by the City Council in Resolution No. 2004-137 on November 16, 2004 and amended in Resolution 2005-033 on May 3, 2005. NOW, THEREFORE, BE IT RESOLVED, by the City Council of" the City of La Quinta, as follows: 1. Approves the following change to the golf course rate schedule for the Arnold Palmer Classic Course at SilverRock Resort: 2005 2006 Reservation Type From: May 1-Jun30 To: Apr 17-Jun30 2. Approves the following addition to the golf course rate schedule, for the Arnold Palmer Classic Course at SilverRock Resort: 2006 2006 2006 2006 Jul 5-Oct 9 Nov11-Dec25 Dec26-Apr16 Apr17-Jun30 Junior Rate (Before 2p.m.) $26.00 $25.00 $35.00 $25.00 Junior Rate (After 2p.m.) $10.00 $16.00 $15.00 $15.00 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of September 2005, by the following vote to wit: AYES: Council Members Henderson, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: Council Member Perkins ABSTAIN: None "AD4,M a r City of La Quinta, California C) r'i 2 19 ATTACHMENT 2 r- i i RESOLUTION NO. - 2004-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING GOLF COURSE RATES AND POLICIES FOR THE ARNOLD PALMER CLASSIC COURSE AT SILVERROCK RESORT WHEREAS, in June 2002, the La Quints Redevelopment Agency (Agency) purchased 525 acres of land, originally known as The Ranch and later named SilverRock Resort, to be developed with golf, hotel, retail, and recreation uses; and WHEREAS, the Agency acquired the property to create a world -class destination resort; to generate transient occupancy and sales tax revenues for the City; and to provide tournament -quality golf and recreational opportunities for residents and visitors; and WHEREAS, on May 30, 2003, the Agency selected Palmer Course Design �--- Company as golf course architect for the Phase 1 tournament quality golf course, and subsequently named the golf course the Arnold Palmer Classic Course at SilverRock; and WHEREAS, golf course construction will be completed in January 2005; and WHEREAS, rates and policies must be approved by the City Council before the golf course opens for play. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, as follows: 1. Approves the attached golf course rate schedule and policies for the Arnold Palmer Classic Course at SilverRock Resort. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of November, 2004, by the following vote to wit: 6 Resolution No. 2004-137 SilverRock Golf Course Rates Adopted: November 16, 2004 Page 2 AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None U'1131F_1I► Mi•[•LL-' ON ADOLPH, Mikor City of La Quinta, California ATTEST: JU E REEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSO , City Attorney City of La Quinta, Califoinia 2i3 SllverRock Rena Rtaidtnt Qua[ifiprHon See Bcoehnre How to Gef Card City Hall Hm Much $15.00 Pa Year PerRaund S0/45/30 Lost Card S1so0; Reissue New Number Flandinp Syafcm $10.00 above SODA (curr W�W Amwal Pee gam 1-Ikc. 31) Pam, Rant WIO f rVf&e $10.W Pa Hour $7.% Pa Half Hour Priwk Golf Carts No WWL%9 VVilh M+A°8� hif wPjlro'Pal. TMI&S Pam— Staff Inslrueton-PGA Hourly AssiaU b-n% of tmwm Saluy AWWUO-M% of Lenora Hour I.essom - 595 as% of Lessom k CXB&m Junior Golf Pmgrrm T� City a ad la4f RaWa�t Raftk Pri iik" Rttiroe Rahn Remo[ Cis& S45 Name Brand 90 Days 1 Year 3 Days RULES GOVERNING USE OF LA QUINTA RESIDENT CARD 1. La Quinta Resident Cards maybe used only by the registered card holder; 2. La Quinta Resident Card holders may book tee tunes up to three days in advance. 3. La Quinta Resident Card holders reserving a tee time more than time days in advance, or playing as a part of a group in a tee time made more than three days in advance, will be charged the full posted rate. 4. Guests of La Quints Resident Card holders do not receive the resident discount rate. Guests will be charged the full posted rate. 5. La Quints Resident cards must be shown at the time of check -in. Residents who do not present their 18 Quinta Resident Card will be charged the full posted rate. 6. La Quinta Resident Card holders are required to guarantee tee times with a credit card. No-shows will be billed the full posted rate. Cancellations are accepted but must be received 24 hours prior to the scheduled tee time. 7. Resident Cards are valid for one year and expire at the end of the month in which they were issued. The annual renewal fee is $15.00. B. Lost or stolen cards maybe replaced for a fee of $15.00. The City of La Quinta reserves the right to change, add, or delete rules and regulations at its sole discretion without advance notice. SILVERROCK°" R E 5 0 R T City of La Quinta Community Services Department P.O. Box 1504, La Quinta, CA 92247-1504 78-495 Calle Tampico, La Quinta, CA 92253 Tel: 760.777.7090 • Fax: 760.777.1231 LA QUINTA RESIDENT CARD INFORMATION. SiLVERROCKC R E S O R T 0 WHAT IS THE LA QUINTA RESIDENT CARD? It is a card that provides discount golf rates for La Quinta residents at the City's SilverRock Resort golf course. WHERE CAN I GET MY IA QUINTA RESIDENT CARD? You may purchase it at La Quinta City Hall, at the Community Services Department, for $15.00, Monday through Friday, 8:00 am. to 5:00 p.m. Please call 777-7090 to schedule an appointment la QWnta Resident Cards will not be issued at SijverRock Resort. WHAT DEFINES RESIDENCY? Residency is determined by a person's primary residence according to the California Vehicle Code, Section 1205 or proof of owr:crship of a residential dwelling in La Q;iinta as supported by a Riverside CountyTax Asses.:or record. You must also provide a utility bill for that address in your name. La Quinta Resident Cards will only be issued to individuals who provide proof of residency. Please note: Commercial property ownership, vacant residential property ownership, or employment in the City of La Quanta does not qualify an individual for a La Quinta Resident Card. HOW DO I PROVE RESIDENCY? The following pieces of information are needed: 1. A current California Driver's License (CDL) or current California Identification Card (CID) issued by the California Department of MotorVehicles (DMV) with a La Quinta address; OR A current Riverside County TaxAsseesor record with a La Quinta address residential dwelling unit identified and a photo identification with the same name as the tax record; AND 2. A current utility bill with the same name and address as the CDL, CID and Riverside County TbxAssessor record address. No exceptions to the above proof of residency will be accepted.. If you have moved to La Quints and your CDL does not reflect your La Quinta address, you may use the change of address card you received from the DMV with the La Quinta address as proof of residency along with your CDL or current tax record and a utility bill. HOW DO OTHERS IN MY HOME PROVE RESIDENCY? A spouse must show a CDL or CID with a La Quinta address or change of address card issued by the DMV.with the La Quinta address, or be listed on the residential property tax record. The utility bill of his/her spouse is acceptable but it must reflect the same last name and last year's tax return with both names and the La Quinta address listed. If last names are different, a marriage certificate is required. If both last names appear on the utility bill, both may receive La Quinta Resident Cards. Children, dependents (up to the age of 23), and extended family members living in the home may obtain La Quinta Resident Cards by providing one of the following - A. Student photo identification card and proof of residency such as a report card with the same address of the guardiap as stated above; OR B. CDL with a La Quinta address and parents' utility bill showing the same last name; OR C. Legal documentation that child or dependent is the resident's dependent and proof of residency as stated above. HOW DOES MY SIGNIFICANT OTHER PROVE RESIDENCY? Each person must provide a CDL or CID with a La Quinta address or property tax record and one utility bill in his/her name. If he or she does not pay the utilities, two current bills such as credit card bills and bank statements with their La Quinta address must be provided. IF I'M A LA QUINTA BUSINESS OWNER, DO I QUALIFY FOR THE LA QUINTA RESIDENT CARD? Only residential units are eligible for a La Quinta Resident Card HOW DO I GET MORE INFORMATION? For information regarding the La Quinta Resident Card, you may call 777-7090. For DMV information, you may contact the Indio office at 342-2288 or Palm Springs office at 327-1521. �O� 10 OUr SilverRock Resort Rwcomww I Oar Ralr 12M 2 no un 2 3m =a mu %WwAdw Typo Jan.44wl 30 Dec. 2644d 30 Mmy 14*4 may 14* 4 JW9 ""L 30 •may "OK 30 bElddd�al Ox.14)ac25 OCLI 2b drYCac01�mO1 l iOtOd OwajuLw Pighk $ 145.00 $ 160.00 d $ 95.00 $ 115.00 drlOs9lo�mol $ 65.00 $ 75.00 $ 95.00 $ 115.00 Pub5c TWI $ $5.00 $ 95.00 $ 65.00 $ 75.00 $ 40.00 $ 50.00 $ 65.00 $ 75.00 Rephyowwm.wy $ 50.00 $ 50.00 $ 35.00 $ 35.00 $ 25.00 $ 25.00 $ 55.00 $ 35.00 0dt2NM1 to Oukft RMNant S 5S.00 $ 55.00 $ 45.00 $ 45.00 $ 30.00 $ 30.00 $ 45.00 $ 45.00 per! Wh $ 115.00 $ 130.00 $ 75.00 $ 85.00 $ 50.00 $ 60.00 $ 75.00 $ 85.00 ?wTw cw 2Y.�lpi�CiJVi�w Pw7wG q aq.i.o.r allt+r�� etl�rl fwsya,y R.wbwarytrrtrPoa.A�rliodi6tjr Ralwbwryiwwlryowwlwilimidwp BdnbsrryMw4wrwtadw.liwkbq. 10MabanyiwN/gowkhrti.oitwj. Sa�S1pL = Nr3WYYr[Raen NsbOWl�iRpN NebofLAwtlt In IJ�3wLrilhb� Nrbol P.16s 1WboeM WROfts NrSoWblit" PAW Bdrxaw TI011 Frio away v%.aa..raw *54gt..wi..r - 7K.bb..ldwh L%.ajowiar as ampm S." WS.Mrsat..r Intaw L%.it.�Ylwh (BOA IDW) D.rrt baw bjrdrt Rd.. bavy b.wi w�aw rlRtombw R.d.. b wry br t7a� n10faYl.w Rdb b sarylwwd wpw wNReMbw Rib. bany lai4 arow al0fiiilow C,WpmBak Btlbbwrylwd�pwwdta.tbw Ralbbwryiwriar.w.dAfa�w Rtlbbwpylwr.larowrHY�46w RdabwryiarlajowwtlMrtlow PalM S"v COW Rd## jD wy wd Np w wdft&*w R.b. b wvyhmA lvm &* w"m Fjw #v nyirnl fyat rAOlsMat Rtlea b rry fiord M/on WWotloa WAPAW S 35.00 $ 35.00 $ 25.00 $ 2100 $ 29.00 $ 25.06 S 25.00 $ 25.00 Ap nW b bd�Mt=ww�r,. baj/wrf, BwiYt mw�tfnwp 1aB. �rb� b wbML ' Dicw jot�errtt/r dwr�wwe rbiW b bew m�M{, nilm /srwW�i iwwi �quw ar�tlydw rab of 6Z3 p►rW► City Council Minutes 6 SeptembeAATAQHMENT 3 3. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXC NGE COMMITTEE. There were no changes to the staff report as submitted nd on file in the City Clerk's Office. Council Member Sniff asked if the Council !inhere is value in -continuing the Committee. Council Member Osborne spoke dsupport of continuing the Committee because the Chamber has a nexecutive director and some big changes coming up. Council concu MOTION - t was moved by Council Members Sniff/Henderson to appoint Counc- ember Osborne to serve on three consecutive meetings of the C ber of Commerce Workshop/Information Exchange Committee. Motion CONSIDERATION OF ADOPTION/'OF /� OF A RESOLUTION AMENDING GOLF COURSE RATES FOR SilverRock ,RESORT. Public Works Director Jonasson presented the staff report. In response to Council Member Henderson, Mr. Jonasson stated the student rate is for 17 years old and under, and he doesn't believe there is a minimum age. In response to Mayor Adolph, Mr. Jonasson confirmed staff has contacted the La Quinta High School golf team about using the golf course, and they have conceptually agreed to a joint use. He explained the high school dance room would be used by the Community Services Department for dance classes in exchange for the golf team's use of the golf course. In response to Council Member Sniff, Mr. Jonasson stated he doesn't anticipate coming back with any rate changes in the near future. Council Member Sniff suggested considering a reduced rate for business owners, and putting it on the agenda in October. City Council Minutes VA September 20, 2005 City Manager Genovese indicated staff will place it on the agenda as soon as possible, based on the current work load. Council Member Osborne pointed out the Council Members market the City in various ways, and suggested both current and future Council Members be given free golf. Council Member Henderson stated she doesn't have a problem looking at it but feels it's a dangerous place to go. RESOLUTION NO. 2005-072 A RESOLUTION OF THE CITY CGONFILOF COURSETHE CITY OF LA RATE SCHEDULE AS CALIFORNIA, AMENDING THE ADOPTED IN RESOLUTION NO. 2005-033. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2005-072 as submitted. Motion carried with Board Member Perkins ABSENT. THE CITY LIMITS ON THE EAST AND AVENIDA BERMUDAS ON THE TO IDENTIFY THE SilverRock RESORT. Community Development Director Evans presented the staff Council Member Osborne noted the proposed stree ame change would result in three different names for the street: A nue 52 east of Madison Street, SilverRock between Madison Street an venida Bermudas, and Calle Sinaloa west of Avenida Bermudas. Council Member Henderson sugges renaming the portion west of Avenida Bermudas if multiple names is concern. She suggested the possibility of sometime in the future, aski the other jurisdictions to rename their section of Avenue 52. Jim Walsh, 68-8 Calle Santa Fe, Cathedral City, suggested Avenue 52 be renamed after mold Palmer. Counc- Member Sniff spoke in opposition of renaming streets after cele rities, and stated he doesn't feel it's a good idea to rename streets that r)g5 13 ATTACHMENT 4 RULES GOVERNING USE OF LA QUINTA RESIDENT CARD 1. La Quints Resident Cards maybe used only by the registered card holdeL 2, La Quinta Resident Card holders may book tee times up to three days in advance. 3. La Quinta Resident Card holders reserving a tee tithe more than three days in advance, or playing as a part of a group in a tee time made more than three days in advance, will be charged the hill pouted rate. 4. Guests of La Quints Resident Card holders do not receive the resident discount rate. Guests will be charged the full posted rate. 5. La Quinta Resident Cards must be shown at the time of check -in. Residents who do not present their Is Quinta Resident Card will be charged the full posted rate. 6. La Quints Resident Card holders are required to guarantee tee times with a credit card. No-shows will be billed the hill posted rate• Cancellations are accepted but must be received 24 hours prior to the scheduled tee time. 7. Resident Cards are valid for one year and expire at the end of the month in which they were issued. The annual renewal fee is $15.00. 8. Lost or stolen cards may be replaced for a fee of $15.00. The City of La Quints reserves theright to change, add, or delete rules and regulations at its sole discretion without advance notice. SILVERROCK" R E S O R T City of La Quinta Community Services Department P.O. Box 1504, La Quinta, CA 92247-1504 78-495 Cade Tampico, La Quints, CA 92253 Tel: 760.777.7090 a Fax: 760.777.1231 LA QUINTA RESIDENT CARD INFORMATION. S i wE RROCe R E S O R T 286 14 WHAT IS THE LA QUINTA RESIDENT CARD? It is a card that provides discount golf rates for La Quints residents at the City's SilverRock Resort golf course. WHERE CAN I GET MY LA QUINTA RESIDENT CARD? You may purchase it at La Quinta City Hall, at the Community Services Department, for $15.00, Monday through Friday, 8.00 am. to 5:00 p.m. Please call 777-7090 to schedule an appointment. La.QWnta Resident Cards will not be issued at SilverRock Resort. WHAT DEFINES RESIDENCY? Residency is determined by a pemoes primary residence according to the CaliforniaVehide Code, Section 1205 or, proof of owncrship of a residential d`velliq in La Quinta es supported by a Riverside CountyTaxAsses;or record. You must also provide a utility bill for that address in your name. La Quinta Resident Cards will only be issued to individuals who provide proof of residency. Please note: Commercial property ownership, vacant residential property ownership, or employment in the City of U Quanta does not qualify an Individual for a ` La Quint& Resident Card. HOW DO I PROVE RESIDENCY? The following pieces of information are needed 1. A current California Driver's License (CDL) or current California Identification Card (CID) issued by the California Department of MotorVehicles (DMV) with a La Quinta address; OR A current Riverside CountyUxAssetsor record with a La Quinta address: residential dwelling unit identified and a photo identification with the same name as the tax record; AND 2. A current utility bill with the sam a name and address as the CDL. CID and Riverside County TaxAssessor record address. No exceptions to the above proof of residency will be accepted If you have moved to La Quinta and your CDL does not reflect your La Quinta address, you may use the -change of address card you received from the DMV with the La Quinta address as proof of residency along with your CDL or current tax record and a utility bill. - HOW DO OTHERS IN MY HOME PROVE RESIDENCY? A spouse must show a CDL or CID with a La Quinta address or change of address card issued by the DMV with the La Quinta address, or be listed on the residential property tax record. The utility bill of his/her spouse is acceptable but it must reflect the same last name and last year's tax return with both names and the IA Quinta address listed. If last names are different, a marriage certificate is required. If both last names appear on the utility bill, both may receive IA-Quinta Resident Cards. Children, dependents (up to the age of 23), and extended family members living in the home may obtain La Quinta Resident Cards by providing one of the following - A. Student photo identification card and proof of residency such as a report card with the same address of the guardiap as stated above; OR B. CDL with a La Quinta address and parents' utility bill showing the same last name; OR C. Legal documentation that child or dependent is the resident's dependent and proof of residency as stated above. HOW DOES MY SIGNIFICANT OTHER PROVE RESIDENCY? Each person must provide a CDL or CID with a La Quinta address or property tax record and one utility bill in his/her name. If he or she does not pay the utilities, two current brills such as credit card bills and bank statements with their La Quinta address must be provided. IF I`M A LA QUINTA BUSINESS OWNER, DO I QUALIFY FOR THE LA QUINTA RESIDENT CARD? Only residential units are eligible for a La Quinta Resident Card HOW DO I GET MORE INFORMATION? For information regarding the La Quinta Resident Card, you may call 777-7090. For DMV information, you may contact the Indio office at 342-2288 or Palm Springs office at 327-1521. 287 15 ATTAU"HMENT 5 Q, AT PGA WEST, October 19, 2005 Mr. Don Adolph, Mayor City of La Quilta 78-495 Calle Tampico La Quinta, California 92253 Mr. Adolph: OCT 2 4 2006- ee: w% e&kfh/ I am the developer of the Residence Club at PGA West, located on the southeast corner of Jefferson and Avenue 54 and across the street from SilverRock. Our project has a strong golf theme and would be greatly benefited by resident access to golf at SilverRock. It appears, however, that we do not currently meet the letter of the residency requirement. The Residence Club consists of 32 single family homes and a clubhouse. There will be one access point on PGA Blvd. and an entry gate. The homes are being sold in 1/9ths, with each owner having unlimited access to usage, subject to our reservation policies. Each 1/9 h will be evidenced by a warranty deed, giving each owner an undivided interest in a specific unit. Because of the shared usage, individual utility bills are not practical, so we include the utility bills, property taxes, and other ownership costs in a monthly fee charged to each owner based on an estimate. The residency requirement, as defined for SilverRock golf purposes, requires a utility bill tying the owner to the property. It is not practical to ask the utility providers to break each monthly billing down into 9ths, as you can appreciate. I am asking you to look at the reality of our situation and grant our owners the right to be designated La Quinta residents for purposes of playing golf at SilverRock. To reiterate, our owners: • Own property in La Quinta as evidenced by a warranty deed to a specific home. 54-500 WEST RESIDENCE CLUB DRIVE, LA QUINTA, CA 92253 PHONE: 888-650-9200 9 760-771-2070 • FAX:760-771-6248 "�'SA IDV,SIDENC QU 's AT PGA WEST_ • Pay property taxes to all taxing authorities, including the City of La Quinta, through their monthly payments to the Residence Club Homeowners Association. We can tie the monthly HOA payments to each owner and to each home. • Pay utilities, again through the payment of the monthly fees to the Homeowners Association. We can tie the monthly HOA payments to each owner and each home for this cost as well. I will attend the November 1 st meeting and will be available for questions at that time about the matter. Thank you for your consideration. Sincerely, Marc Bailes, Manager Nadador, LLC. or_ 54-500 WEST RESIDENCE CLUB DRIVE, LA QUINTA, CA 92253 17 PHONE: 888-650-9200 9 760-771-2070 9 FAX: 760-771-6248 ooe Genf OF COUNCIL/RDA MEETING DATE: November 1, 2005 ITEM TITLE: Discussion of Palm Springs Desert Resorts Convention and Visitors Authority's Joint Powers Agreement RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None at this time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: On June 21, 2005, at the conclusion of a Study Session on the Palm Springs Desert Resorts Convention and Visitors Authority (CVA), Council requested this item be placed back on the agenda in November for an update and further discussion. The staff report of June 21 is provided as Attachment 1. Since June 21, 2005, the CVA Board has held numerous meetings and taken several actions in direct relation to the restructuring/reorganization effort of the CVA. One of the most significant actions taken by the CVA was the creation of an Ad Hoc Reorganization Committee. The Committee was charged with reviewing the state of the CVA and recommending appropriate changes in structure and operation. On August 16, 2005, the Committee presented its recommendations to the CVA Board. A summary is provided below (with more detail included in Attachment 2): Name — Maintain the same due to its established "brand" identification. Corporate Structure — Retain current Joint Powers Authority under California law, controlled by Member Agencies (eight cities and the County). Board Members — 1) Each Member Agency shall appoint two board members for one-year terms, one from the public sector and one from the private sector; 2) Each board member shall serve at the pleasure of the Member Agency; 3) President/CEO to be a non -voting Ex-Officio Board Member; 4) Board Members are subject to appointment or re -appointment by Member Agencies with no term limits; and 5) Member Agencies may be Tribes with TOT commitment on par with existing JPA members. CVA Chair — Shall be selected by a majority vote of the Board. Committees — Maintain standing committees for purposes of operation and oversight: Finance, Audit, Personnel, and Sales & Marketing. The Chief Financial Officer shall act as the CVA Corporate Treasurer. Funding — Private sector funding shall equal '/2 of public sector funding within five years. Board to appoint an Ad Hoc Membership & Funding Committee. Internal Organization Issues — Adjustments proposed in the following areas to increase efficiency, productivity, and accountability: Outsourcing contracts, employee sales/incentives, and coordination with Palm Springs Convention Center. Performance Standards for CVA — Develop performance measures, consider return on investment for sales and marketing initiatives, issue monthly public report on room nights booked (by both hotel and city). Exit Penalties — 1) Member Agencies must adopt a resolution to withdraw and provide written notice no later than October 1; 2) Member Agency shall pay all dues for the remainder of the year and the following calendar year; 3) Member Agency loses right to appoint board members after notice to withdraw is given; 4) Businesses located within border of Member Agency will be prohibited from CVA Membership; 5) Reinstatement requires Agency to reapply as if it were a new member and will be considered following a public hearing requesting reinstatement to the CVA (this policy eliminates the penalty that a Member Agency pays dues for each year it was not a member; the Board may consider any penalties for reinstatement, if any). r)91 2 During their subsequent meetings, the Members of the CVA Board generally indicated support for the recommendations of the Ad Hoc Reorganization Committee, with the exception of board membership. This central issue, as is relates to private sector membership on the CVA Board, has stimulated much discussion and close examination of applicable laws. Differing views have been expressed as to whether parties to the Joint Powers Agreement (JPA) can delegate their policy -making and budget decision authority (or voting rights) to a decision -making body consisting of private individuals. The CVA is seeking an Attorney General Opinion on this matter. Currently, private sector individuals are not part of the CVA Board. Rather, they exist as part of the Hospitality Industry and Business Council (HIBC) and meet jointly with the CVA Board, but have no voting rights. In addition to considering recommendations by the Ad Hoc Reorganization Committee, the CVA Board has also reviewed several internal policies and procedures. On August 2, 2005, the Board adopted a budget policy. The CVA Board is required to adopt an annual, balanced budget outlining CVA services and activities as well as providing a comprehensive allocation of resources. The policy sets forth a clear format for the budget document including a budget summary, estimated revenue schedule, and description of capital programs. Other policies adopted on August 2 include: Discrimination & Harassment, Employee Manual, Procurement, and Travel & Entertainment. At the present time, the process to withdraw from the CVA remains the same as reported in the May 17, 2005 and June 21, 2005 staff reports (both part of Attachment 1). The CVA's JPA (Article XIII, Withdrawal of Member Organization; pp. 27-28 of this staff report) states that a member organization may withdraw from participation subject to certain conditions: 1) Effective date shall be the last day of the calendar year; 2) Current annual contribution must be paid in full; 3) Annual contribution for the following year must be paid in full via the normal payment process; 4) Notice must be given at least 13 months prior to effective date of withdrawal; 5) Withdrawing member shall have no voting privileges except for budget items; and 6) A withdrawing member may become a participating member again only if it pays an amount equal to all contributions it would have paid if it had not withdrawn. If the City Council wishes to consider withdrawal, the Council may wish to direct staff to place this item on the November 15, 2005 agenda as a Business Item. On a final note of interest, the CVA Board hired a new President/CEO on September 27, 2005. With the assistance of an Ad Hoc Search Committee, the CVA Board selected Jeff Beckelman, former President/CEO of the Reno -Sparks Convention & Visitors Authority. Mr. Beckelman's appointment is effective November 1, 2005. 3 Respectfully submitted, Thomas P. Genovese, City Manager Attachments: 1. June 21, 2005 staff report 2. Report of Ad Hoc Reorganization Committee (presented to the CVA Board on August 16, 2005) r,91 4 Attachment 1 �a/�LUM�gr OF COUNCIL/RDA MEETING DATE: June 21, 2005 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Discussion of Palm Springs Desert Resorts Convention and Visitors Authority's Joint Powers STUDY SESSION: _ Agreement PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None associated with this Study Session. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 17, 2005, the City Council discussed the Palm Springs Desert Resorts Convention and Visitors Authority (CVA) via a Study Session (Attachment 1). Several documents and pieces of correspondence were provided to Council at that time for background and informational purposes, including the CVA's Joint Powers Agreement and Bylaws, a summary of the CVA's 2005 budget, and letters of support from the La Quinta Resort & Club and Landmark. Council heard from Steven Morris and Gary Sherwin of the CVA and representatives from the La Quinta Resort and Landmark. Topics of discussion included: prominence of the Palm Springs name; the CVA's budget (specifically, the percent allocated to personnel); proper distribution of information; and the City of La Quinta's return on investment. On June 7, 2005, via Mayor's and Council Members' Items, a general discussion of the CVA took place again, with Council Members articulating questions, concerns, and 9 5 comments on numerous issues, including: • Cost/value (return on investment) • Effectiveness • Satisfaction • Continued use of "Palm Springs" • $300-400,000 deficit • Personnel costs • Operational vs. marketing issues Options: do nothing, secure changes, withdraw and work with other. cities, withdraw and promote La Quinta hotels directly Council requested more information on the withdrawal process. The withdrawal process is outlined in the CVA's JPA, which can be found on pages 23 and 24 of the May 17, 2005 staff _report, which is attached. Article XIII, Withdrawal of Member Organization, states that a member organization may withdraw from participation in the JPA subject to certain conditions: 1) Effective date shall be the last day of the. calendar year; 2) Current annual contribution must be paid in. full; 3) Annual contribution for the following year must be paid in full via the normal payment process; 4) Notice must be given at least 13 months prior to effective date of withdrawal; 5) :Withdrawing member shall have no voting privileges except for budget items; and 6) A withdrawing member may become a participating member again only if it pays an amount equal to all contributions it would have paid if it had not withdrawn. Council requested the CVA be placed back on the. agenda as a Study Session to allow further discussion. Respectfully submitted, Mark Weiss, Assistant.City Manager Approved for submission by: Thomas P. Genovese, City Manager M Attachment: 1. Discussion of Palm Springs Desert Resorts Convention and Visitors Authority's Joint Powers Agreement (staff report of May 17, 2005) COUNCIL/RDA MEETING DATE: May 17, 2005 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Discussion of Palm Springs Desert Resorts Convention and Visitors Authority's Joint Powers STUDY SESSION: Agreement PUBLIC HEARING:. RECOMMENDATION: As deemed appropriate by the City Council. 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. 297 R] 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 QPA) 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 1.46/6 of TOT for convention hotels (i.e:, hotels that have a minimum of 125 rooms, meeting space for 1-25, 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 -Retort, 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: $411,000. 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. w�g 0 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 101 2005 10 PALM SPRINGS DESERT RESORTS® CONVENTION AND VISITORS AUTHORITY RIVERSIDE 00EM. catmDRAL arr DESERT DOT SPRINGS. DIDuN WEUS RM u QUINTA PALM DESERT PAIM SPRIMS WCHO MMGE July-2, 2004 John Falconer Director of Finance City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 RE: Year-end 2003 TOT Recap Dear John: JUL 12 2004 As a result of our annual audit for the year ending December 31, 2003,1 have reconciled the a 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 worksheet is attached for your review. This reconciliation is based on the information your city provided our auditors, the firm of Maryanov Madsen Gordon & Campbell, CPA's, during 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: 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. Bolanos Director of Accounting and Administration . Palm Springs Desert Resorts Convention and. Visitors Authority 69-930ffl0w2y111,Suite201 Hbolanos@PalmSpringsUSA.com Raodo Nine, CA 9=0 760-na9m • 80 *7-3767 ax 760.770-9001 palmsprinpusa.com Enclosure: Year-end TOT Reconciliation Worksheet Vubingon, DC Saks Office 515 ]Ong St, Suite 315 Alexandria, l9t 22314 7o3-549-8tt26 ux 703-519-7579 300 11 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 41008,30.9.91 TOT rates in effect: Convention 11.0.0%. Non -Convention 10.00% Funding Formula: Convention 1.40% . - Non -Convention 0.60% t�T' xrtlin" - � 4 i • . Ce V . hi. �-011ia:atiW.Sa;,.., si.. - > _. ..: �Y'i -. A. .. _...r _.-•:Y i\+� .., .. .. .. - ._. ...- .- _ :••:.1:'i�i:�;�:. -��, Amount billed during 2003: 520,000.00 Amount (Due to) / Due from City (38,738.79) . 12 - PALM �P�NG� DESU EMORTS® - C.ONa�ENT70N:,AN,D vtsifio>RsuTx©Ri1v . :: PALM. SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY ' . . DMERT MAIM SPlliP ... . :lama MM JOINT POWRMAGREEMENT 69-930 HWY ill; SUITE 201.. _ PANGHO M(RKGICA 92270, ' 760-77"W 76Q-776-9001 Fl, ` 800:9673767. evww.PilinSpii ngsUSA.CO W x�islm+cnon n� .: Last Amended e Jul y 30, 2001..: smooffia- StYM I15 rionTa i�eAX S7 390 i� �.} t:. !.. AEF9(AMDR1A,1d►2231d 70549 $Oz6 703-519.75791KX:. _ 13 Sec/State Form LP/SF4U4A Rev. &/95 �m� 3. Do not include'attacbments:.` , Date. of filing initial notice with the Secretary :of State. May. :19 , 1989 File number of initial notice 9.63 . Name ofJoint Powers agreement: Palm .Springs Desert Resorts Convention i Visitors Bureau -MailingAdd ress: 69930 Hwy. 11.1 Suite 201 Rancho Mirage. CA 92270 'Complete one or more boxes below. The a�eement has been .amended to: j(J Change the parties to .the agreement as follows::Cities of Cathedral -City; Desert Hot ` Spri n s; Indian Wells, Indio La Ouinta Palm Desert' Palm Sprinqs and Rancho Mirage and that.portion of Riverside County .located within t6e..Coachel1a 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:changesto the agreement as follows: Change from fiscal :.to calendar year of operatio change :voting privlidges of County representative and add provision for an Inactive . member. -o— Signature Terri M.'WoolSton Recording Secretary Typed Name and Title Sec/Statc Form Lp/sF-464A Rev. 4/95 3_ : Do not include attachments Date of filing initial notice with..the Secretary of State :: May 19, 1989 `. File number of initial police: 963 Name of Jomt 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 ant . b ! rage_; Ca I j forni a 9 0.. , Complete one or.more boxes below:. The'agreement has been amended to [XX] Chan e�the parties to the agreement ,as f6llows. ARTICLE I I I ; line 23 to include "A -city that :. qua�if.ies. as. a. member orgamzatlon jARTICLE :I),: has signed the .Joint. Powers-Agreu ant= and has made the. prescribed contribution to the*Bureau may become.an active memb $b a Qtwo=tthir s 2/ vo.ey pp the entire berth' th'.Executive Committee.an [. ]_ Ci�ange tie name theminisLring agn y or enty�as�o�llsow°paQ ache member organlzatlon • ilk`• .[X] Change the purpose of the agree ment.o t� e exercised as follows ARTICLE IX; Page � . X line 2-to read: "Business Counci d:of 17 private and.as.sociate members for three year. staggered terms." [ ]Change the short title of the agreement as follows: .[XX] Make ot�er�change to the agreement as follow: ARTICLE XI CONTRIBUTIONS, Pa a 10.,:.line 3 to rea for tle.quar er. starting six .. (6). months prior to: the current quarter of. lodging...*." AND line 8 to read," -organizations shall be $10 000.annuall or 0.55% bf.said sakes, whichever is...IzK: W_AaL Signature. Terri M. Woolston;. Recording Secretary Typed Name and Title ,06 i 7r_ SK/SfM, Fn....IP/ITLAAA A D-1 oiaa PALM SPRINGS PALM SPRINGS.DESERT:RESORTS CONVENTION AND.VISiT.ORS BUREAU DESER R�SOR So' . � :. ; = JOWT POWERS&GREEMENT bty Indian wall Indio Palm Desch Palm Springs' . Rancho Mirage C O N Y E.34.T 1.0 N... A'N D. 6. ..V 1 5�.1. T O. it S. - ! �U R. E A .: T H E . ' . A T R '..1 U M �.69.930=HWY 131...SULTE 201 -: RANCHO MIRAGE,. CA 92270 -__ - Revised July 14, 1995:: 6...) 9- 7 7 0. :. 9 0 0 0-.. _.- 6 1 9 -' 7�7 0 - 9 0 0. 1 FAX - .. .. .'.. .. - ., .... _ Appro'Ved lilt, , .1995..::�. 8 -0 0- 9 6= R E S. ;U R T5 - .. W A S H 1 N -G T O *H. D. C. . 42)KING ST.. SUITE i 2 2 ..: A L E X A N D' R I A -.- VA 2"2.3"14 703-5f..9-80_26.. r�(� - .. -.. 1�7 7 0 3 - 5.4 9- 4 7 4 9. F. A X - - 1989-1990 2- PROPOSED FUNDING FORMULA - 3 CALENDAR 1989' a: ;; Projected Fiscal.YearJ989-1990_. 5 CITY Gross Sales o - X 55 /o . 6 Desert:Hot Springs. ` Not a member at this time 7 Cathedral City $10,242,000 $56,331 �: s Indian Wells 1.5,214,182 83;678 .' 9 Indio . 3,910,000 21,505 to : Quints 15,78,9L. 86,89 11 Palm Desert.: 59,403,090 32671;7 12 Paim Springs 70,193.455 386.064 1.3 Rancho Mirage 27,598,000 151,789 14 • 15 TOTAY.. 5202,349,636. S1,112,923. 16: .19 20 21. Note: Projection from City Finance Departments 22 23 EXEi1BIT A . .24 25 26 42 1 _ 19904 991 2.. PROPOSED FUNDING FORMULA 3 CALENDAR 19.90 4, Projected Fiscal -Year 1990-1991 5 C 'Gross Sales X `. .6/0 . 0 6- Desert Hot Springs "4. : $4,625,000 -$27;750 . 7 -' (Desert Hot Springs joined 9/6/90)64. s .CathedralCity :..10,555;556 63,333 9.: R Indian Wells 1.9;195,514 115,173: io . Indio 5,900,f;00.' ly La Quinta 2I,000,000" ::126,000 12 PalmDesert :: 46,250;000 :. .: : 277;500 13 Palm Springs 74444,444 _ :446;667 14 : Rancho. lvErage 27;777,778 = 166,667 . 16 TOTAL $209,748, - 92 . $1,258,490 .17. : 19 20 21 22 Note Protection from City. Finance Departments 23 24 EXHIBIT. A 1 25 ai 26 43 1. ;1991-1992 2 PROPOSED FUNDING FORMULA 3 : ` CALENDAR 1991 : a Projected = .Fiscal Year, 1991=1992 5 CITY Gross Sales .. X 6% 6 Desert Hot Springs $3,439,000 $20,634 7 Cathedral City : _: `9;895,000 597370 8 Indian Wells 29;666,667: 178,000 9 ' _indio 5,500,00Q. 33,000 low La Quinta 22,166,667_ 133,000 - 11` PalmDesert ' 52,000,900 .312;000 12. Palm S rin s , P g . 87 000 000 522 000 , 13 Rancho Mirage :.. 27;777,833 :` : ` :.. 166,667 14 . 15 TOTAL .: $237,445,167 $1;424,671 16 . 18: 20 21 Note: Projection from City Finance Departments ' - 22 - 23 E)CMIT A-2 24 25 - 26. n 44 i 1992-1993 2 PROPOSED FUNDING FORMULA 3 Calendar 1992 :.. Projected 1992-93 FY 1992-93 5 CITY Gross Sales X 6% X 1..4% • _ TOTAL 6 Desert Hot Springs :" :$3,687,926 $22,128 - -0= $22,128 C411edral.City. :..10,998,141 31,075 80,066 111I41 s Indian:Wells 2.9,05.0,000 -0- 392,700 392;700 6,330740 ' 37,984 -0- 37,984 la . La Quints 19;337,845 _0 270,730 ` 270,730 alm Desert , 53 264 3P . 66 560 590 394 `656, 95438 12 : Palm Springs 72,062,921 195,738 552,158 747,896 13 Rancho.Nlir4ge 32,000;000:' 26,880 385,280: 412,160 14. :;TOTAL $225,63X1191.1 $380,305 $2,271,328 $2,651;693 ; 16 18 20. . n Note: Sources: City Finance Departments. . 22 . 1991 Year-end Gross Sales; City of Indian Wells Projection =Down Trend 23 : City of Rancho W4ge - Westin Mission I-Els 24 .: 25 - EXHIBIT A-3 . 26J 4 5- 1993-1994. 2 PROPOSED FUNDING FORMULA. 3 Fiscal Year 4 Actual FX 1'993-94 . :: FY 1993-94 , 5 CITY . Gross Sales X .60/v` X 1.4 /o TOTAL 6 Desert Hot Springs Inactive member:'... 7 . Cathedral City $9;185,163 .: $26,292 $67,244. $93,536: s.. Indian Wells : 29,352,553 3;911 '. 401-810 405,721 9. Indio 5-437;041 32;622 -0- 32,622 10 La Quinta 20,404.525 11,502 . 258,826-: 270,328 AiPalm Desert 53,128;056 60,896 601,7.01 662,S9T :.12. Palm Springs:: 68,964,193 ` 170,366 567,978. 738,344 13 •Rancho_Mrage. _: 37,454,580 10,385 500,133` 510;518 14 15 TOTAL " :. . $223;926,111 $315,974 $2,397;692' $2,713;666 16 17 19, - 20 zt Note:.Sources: City. Finance Departments u 24 25 E)aMIT A-4 26 46 1 _ 19944 995 . 2.. PROPOSED.FUNDING-FORMULA 3 Fiscal Year: :4 Actual :.. FY 1994-95 : . TY 1994-95 5 . CITY ..Gross Sales X .6"/0 .. X 1:4%0 TOTAL : 6. Desert Hot Springs Inactive member - . 7. Cathedral.City S9,500,000:. $25,200... $74,200 $99,400 s bdian Wells:: 27,777;778 3;333 : 381,i11 384,444. 97 Indio..: 5125%000:. - 31,500 ..: -a 31,500 to La Quints 19,482,273 . ` 14,830 247,482 258,312.: -n Palm Desert _ ` 48,042,432 60,480 531,474 391;954 12 Palm Sprngs ` 68,100,439 :. 191;700: :, 506,106: 7,806- .13.i Rancho Mirage 36,000,000: _9;072 482,832 49I,904 14 .. - .. 15 TOTAL ' . $214,152,921,. $332,115 • .: $2,223,205 $2,555,320.... 16 `17 18 20. 21 . . Note:.Sources: City Finance Departments 22 , .23 24: 25 EXMIT A-5 26 47 . 1 - 1995-1.996 2 PROPOSED FUNDING FORMULA 3, Fiscal Year. a Projected ky 1995-96 FY 1995-96 5 CITY Gross Sales' ' X :6% X 1.4% TOTAL . 6 Cathedral City $9,300,OM(, $25,800 ...S70,000 :. $95;800 Desert Hot Springs .. 4,950833 29,705 . 0- 9 29,705 s (lte-joined the Bureau 7/119.5) ... 9 . Indian Wells _ 30;810,786 3;243 423,784 427,027 10 : Indio 5,410,000 '. 32,460 -0:` 32,460 .:. 11: La Quinta 21.366.3,57 .12;180.. 270,709 282,889 :12 Palm Desert :.::. 50555;571 60,000: ` 'Sb7,778 627,778 13 Palm Springs :. 76*444;429.` :: 192;000 622,222. 814,222 1a Rancho': Mirage 37,166;667 -.. 1U,000 497,000 507;000 :. 16 -:--_TOTAL $236,004,643 $365,388 $2,'451,493 ; $2,816,881 . - 1� ..Riverside County (anrivalcontn'bution) -0- ..:. -0-' 31,500 18 : TOTAL $2.848,381, 19 20, .21 22 . Note:' Sources: City Finance Departments 23 .. 24 25 EXHIBIT 26 48 1995.':; 2 ACTUAL; FUNDING FORMULA' 3. a Actual I995 1995 5 : CITY Gross Sates ` - X . , 6% =X 1.4°l TOTAL . 6; Cathedral City. `48,480;124 $19;027 $74;325' $93,352 Desert. Hot Springs' 2,158;960 .: 12,954::: 12,954 g', Indian Wells `: 33,905,975 : 4;569 454,023. 468;592 ` 9.- Indio 6;345;485 38,073 38,073.:.: 10 ` La Quints .. 23;270,753 13;135 295;143 308,277 . :11 Palm Desert 52,750;567...: 80946 549,634 63.0,580 12 Palm $gangs.. `: 74,792,529- .: 178,270 631,I31. 809;402. 13 Rancho IVfirage 40;21.2,860 9,897 539,887 : 549,784 14 is TOTAL `: $205,350 612 ' $356;871 P ; $2,554,143. ... $2,911,014 16:. Riverside County.(annual contnbution)..' -0-. `:. -0-. 31,500 . :. 17 -TOTAL:",.52.942;514: 18 20 .21 Note. SoureeS. City Finance Departments 22 23 24 EXHIBIT. A 7 25 26 49 1996 z ACTUAL. FUNDING FORMULA..... a a Actual 1996 1996 , s CITY :.: Gross Sales X 6°!° X 1.4% TOTAL 6 _ Cathedral City $8;03:8;544 $19,754 $66,448 :$86,202 Desert Hot Springs . 5,117,831 30,707 .. 30,707 . s.• Indian Wells . ' :37,189,611 "4;696 509,697. 514,393 9 Indio 6;349,063. 38,094 38;094 to La Quints . 25,998,636 15,625 327,522 .343,147. i t ` : Pali i Desert;_:-:_.: 5.6,188;100 `: :. : 85,750 586,550 672;300 .: . 12 Palm Springs` 80,570,513.. 205,OSQ. 649,538 854;588: 13_ . Rancho 1Vtirage 43,740,480 , 10,619 ` . 587,589 598,208 ` ;14. 15 TOTAL _,_ : 16a,192,778 --$410,295 $2,727,344:. $3,137,639 16: Riverside: County (annual contribution): " =0 -0- 31500. 17 TOTAL ; .$3,169,139 19 ::. 21 Note:. Sources: City Finance Departments 23 24. EXF1MIT A-8 25 26 _ rN 50 " 1 1997..:. 2 FUNDING FOR1v A 3 a iw Actual Gross 1.997 1997 CITY Hotel Sales X .:6% X' 1 4% TOTAL.. 6 . Cathedra. -City, $8, I06,256 $21,778 $62;672 $84,450 .. Desert HoSprings. $5;181,7 ,, $37 1,00 : s . Indian Wells $39,160,033 ' . : = $5;255 $535;980 $541,235 9 .. Indio : Y .:. $6,750,742 $40,504 - '. U Quin $2,764io: 0 17,937 $361,013 $378;950 `; W. Palm Desert ; :. $60,082;623 98,834 .: $6101543. $709,377: .12 Palm Springs $90,436,119 $228,488 $732;967 $961,455 is . Rancho lvfirage $46,479,736 ;. : $11623 .$623;597: $635,220 15 TOTAL S284,973,312 : , $455,509.:.. $2,926,772- :. ---$3,382,281 .16 Riverside County Annual Contribution $33,000 17: :TOTAL;_ . ` $3,415,281: :. ba 21: 22 _.. 23 . Note Sources: City. Finance Departments,. :- 24 : .. -..:25 EXHIBIT A=9 :. .. 51 2 _ .. 1998: :. 3 FUNDING FORMULA 4 _ s Actual Gross 1998 6 . CITY :... Hotel Sales X :6% .= X. 1.4% . TOTAL.:' 7 . Cathedral City $9,665,707 � :.-$24,037.: $79,233 _$103,270 .' g Desert Hot S rin p $6 263 382 , . $31 088 '. $15 149' x . , . 9 ,Indian Wells ' $44,368986 $4,096 :. $611,606 .. $6I5,702 10 . Indio:. $7,428;599 . :, $44;572 $44,572:: ai La.Quinta $30 850 080: .:. , $20.916 ,. : $383 097: $464 OI3:: -. , - 12; Palm Desert $69,507,942 ,: `. $113,712 .... $707;784 .$821,496 i3 Palm Springs : $96,461;293 $249,076'� -. $769,?80 $1,018,356 14. Raocho1v11tage: - : $48;505 884.':..$11,432'. : : $652;408>. ':, .$663,840 . ..IS m TOTAL 5313,051;763 ;. $498,929 $3,557 218, 717 $3,,486 . . ri Riverside County Annual Contribution 534,729 Is TOTAL:::: "` $3,752.215 20 : 21 . 22 Note: -Sources: City Finance Departments -23 24 EXHIBIT A-10 .. 26 :. r1 1 2 . 1999 s ..: FUNDING FORMULA 4 s . : Actuai Gross . ° ' 1999 . < :.:.. ' : 1999 6 CITY Hotel Sales X :6% . X 1.4%' TOTAL 7ti.: Cathedral City $11;398,820::•`: : $26;852 : $96,929. $123,781 .8. Desert.Hof Springs:. 7,2.16,613: -:. , . 31,968 �::.26,440 58,40$ . 9.. Indian Wells.; :; . ` 46,815,903 ,.�. 1,578 ', 651,741 653,319 10 :. .:.. , _..: • . ... 8,802,462 : - ; `,:::.` : 52.815 l r La Quints ...33 -843,1:¢6.... : :: ; .22,453 = 421,4 i4 ...; ::' ` 443,867 .12 Palm Desert 84,470;536.. ' .. I49,71 PalmSpi . 1,90is 107,4 8 ,128,303:,•- 14 Rancho Mirage 50,795,509 :. ; 12;914 681,004.• b93,918 1. 15 16 TOTAL : $350,75$,958 :: - : $579;939. `- $3,557,435 $4,13Z,374 i� Riverside. County :Annual Contribution :. $36;465 lg :TOTAL:-:.: $4,173,839. 19 io . 21 Note Source. City. Fnance Departments 22 23 EXMIT A -II 24 26 53 d ti ;. �000 t �,tFfItiMUlA: .>Auea{aFx31t'F'{e7S• '....�• R� F w .i.V001. :. S L 1 4° : TpT.�i . ��,µ� Ir [��y l f�✓.7 ' 3' 's' " (t%s raTV �111e11s ,°'zYt ? P1.0 �, 664, 7d 7 1 b y ,j�� aa IT 49.1j0/i r :t `:.-tin DeSrt - 8a6,0$0 #=t 4s �< 26 16. srrsut�ty,Arttauai t#r�buii# w. , T. • p r .. 4 i Mks: �rr:'es- - !Ji,F�-p1+ri �. 1 i'°,•. . J43 54 -7, 7B C T.D 2.. 3 - 4 '< 2001 FUNgFNG F�DRMULA. 7 Actuaf to 2fl0i 2001 . x 9:4"/� TOTAL F illOdra«iij/ 11 UFO, sert Mot 80A.Vs<= 1`4r India Wells , 4,ti54,642 1,6 585,465 <85$ �uiiita 462,24 irn'pesert `:' i7S,327 `' ` 131 183 812,180 :.-._ $9 . 21: 1�1[ii'Spnr�gs' 109;7,173.. - , f $34 ;4 '. 8 ,(i �' $3;517;64d - $4,10 l verSld0' Un* /ltara(i al'Co' nt6btAoh . x*••4w' .TOTAL 5.�1� r . 31 ,•a:' y 3 F$ T 2 Y' J r• J. . 55 M flitrF it 1 On Iij r S t V.. wtoo N- ,. st �ZI.Q r v 44 : rms OF t vs iall �-♦3 �j j� t[l!(�� L.Q. .. � �.� ►. f � �`� - ' 3..�c s t :.�� rZ: O�_'•� LL. .h Z j •K ! i_r sit...'='e o err :ik k .. , _ • . R �� '^� 4WD "io 'V. s ! s-r Y i vv. ss1 T� _ _ Lj w�!M •i. yi ' #t h Z OI :r'' 'a, a%�� ti zs ,a C J. -#� �. a r �R. r. -•� -, y� •. �x� ; -S. A=a 3♦ � It .n ;� �� i � g..s .` an[t.�` _ .. /. riyrr+ ..q s * �. .♦ ..7ra,.ion It . ,. t �•. _� P . • .. 4 zz- irk �! .O ~�•�w- •t� •-Mr'�Ny��.-' _-�:�♦�L'�`fi :I .Lvd� �~� ��C" t•�� Q_2�-t.t`%�. ";Y 4.�� lit . !o .�Qs, .; .. p. ►K►t '. eA it = •U� � > � j� :� '.�. � j ti •- � �O J Oee t�• �.. i�' iy0' a� � .�Q r.cO . ' �� ay \ � � _ �; .Z Xo ; N ............. _n � � - � �: ;..3 �'si• `J!.is. `YS \Y ^ `�� y �-�<�_' � 'fs� _� �i O� - t ��s nii . :J_ � .. ':�.: .♦ O � p .its �:s' �� t�.� � �� s��I.',h_ l��I�.'. �tD Y� ' � - � ~� L Y \. �^�1:c-fir �._ � � i:�.'.,�y�rr� ` � �� ac•-%�� - -: j _ .- . r.. .> . ►-= r •`•- p +�„ o ., O ' 3 � y � ! � ;�cxr.- %.. ' is ?,y � :�:- � < • �: rs{ r'�•Z�..= UT �� d p �;o •.�-t.J.�='' - '.•-.-i`� y�x„^.r•• ~_r - : rrr• p. 470 Ow «=��Y�• y2S jrr�� rya.. C .` fyi r �, _ ♦ �� Y t/ � 0 PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY BYLAWS Section]. 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 contractsfor 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-oiicio 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). 048 59 PSDRCVA Bylaws Page 2 C. Membership Qualifications -City Managers/Administrators from active public agencies. .Section 4. HOSPITALITYINDUSTRYAND 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 Ivote 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. ^ !i J� .60 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). Chairmanmay 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 E BC 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. HMC officers are also ex-officio members of all committees. 3JO .61 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 5. 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 62 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. 63 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 �5,3 64 P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78=495 CALLS TAMPICO (760) 777-7000 LA QUINTA,'CALIFORN.IA 92258 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 & Clubs (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 otherthan 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 J J J 66 05/09/2005 16:08 7607703029' PALM SPRINGS DR t,ti I P ��seni �,sci►s CONVENTION AND VISITORS AUTHORITY MEMORANDUM TO.. BZ jDGET OOlvMTME Richard 01hant, Chairman . Judy Vossler, Laud=&.Golf. Rob Parkas, Palm Springs. Aerial Tramway. Bill Powers, Pa6& Western Bad John Ialinski, Renaissance Esmerakla.Resort Pat Pratt, CtyManager Ckyof Rarich0 MMge Ken Weller, Intcdm CltyMxin ger-City of Indio Mdmel O'Connor; Deputy CEO County of Riverside FROM Gary S. Foy, Vice President Operations/Finance DATE: October 14, 2004 SUBJECT: 2.005 PROPOSED BUDGET k.T,/�I�n'1 L�G�=Cac====cc�aace^1�^wlOIOC��'a �ca�aa=ccm1�11Rn A1��1 �!/[1►1 �t SG,:9 w1f'GC The CVA's:Budget',&velopmentprocess for 2005 consxlers input from t]Ye Markeung.Giirimwee,. National and.local:hospkd itycommuni-y and. the CVA IndustryPaxtnenhip iatlarge.. In 2005, GVA Public 5o>,ut:e funding esim�.ates hayt�-retaraced to �rhe .levels of .1997 and 2000. Ii has .-been .a :slower ran expected cli nb...sizace September 11 acid there. are mauyfactoxs flint could help" or hiz derthe CVA's continued growth.- Unfortunately, whila.it-:has-taken five-yeaits.fo ieeover to pine mill�fuir d ng,' irr&i&n an,d:otber-factors-Have reduced the CVNs purchasm" ;power.to deliver the -same .sesyiee levels.. The GVA Staff developed the 2005 bud get with various"assumpuous on Public Arad Pzzvate Source: revenue, staffmg,.pay aud benefits, promotional; and odiereconolatic factors. The. program of work reflects the most iniporeant eleJrmts wkbiiii these -limited financial resources. I: _Public Source Revenue Forecast • .pilblic Source revenue, estimates for 2005 are $19,938.or -051% below member caries' 2004�esurnates. The 2©05 estimates campued.t6 CVA 2004 mid -year revisions aite $125,062 or 3.1% i4ber. ■ The rnernber city/couinty 2005 estimates represent $202,234 or a 5.1°Y increase above 2003 .Actual diyfunding- Serving the Desert Resort Communities of Riverside County. Cathedral City - Desert Not Springs.- Indian WeRs • Indio • Le ouinta • Palm Dosert - Palm Springs - Rancho'Mirage 67: tilitway 111 RSr.CrO W";ao e. LA .,_.;G TF..�vv'aSi i.-Gi - T ... ltC � pblrisprihysuie Woshi.noton- DC Saies Orri'ro . Sit V.#nn Ce.•n1 e..;4.., nor 05/09/2005 16:08 '7607703029 Memorandum Re: 2005 Proposed Budget October 14,.2004 Page 2 PALM.SPRINGS.DR QvA Que of the key assumptions in the 2005 Budget is the inclusion of additional public source revenue from Riverside County. Historically, the Gounty 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 t6 same nxethodology as in all Member Cities, For 2005, it wouldhave an unrrediate impact and should yield additional funding to. the CVA of $51,000 above the Couno 2004 funding level ■ Sirn, the Countyand the CVA are negotiating with Morongo Casino Hotel to include diem la in. the CVA✓ Their inclusion would increase- OlA funding by $100,000 in 2005. R Fantasy Springs :Casino Hotel and Conference Center is located in the CVNs .rrrennbership . boundaries and meets all Accessaryzie�?iier7rents. The CVA inernbership bovridaries need to be expanded to include Moroiago Casino Hotel which is currently undez review Both Casinos are expected to open in December; 2004 and have agreed to join as members to the CVNupon Countyand JPA approval _ The. CVA 2005 budget assumptions inchide increased firn&g for both .properties including IndustryPartnership mvestwents. .(See Private Sources Funding) These are-Ul portant revenue gems and without this additional source of Itinding, CVA pm�granu will have to be reduced.. V ith.the Desert Hot Springs bant4ul ycourt red-anization plan Tsolved, the Chtyis .in the process of a.bond issue in 2004 that w'M:yield piroceeds to repay creditors. In 2005, the CVA assumes twill: receive .payment of $23,000 -from pnor year TOT funding -due to the CV1#. * Based on -the CVA revisious'of addi6oual:Public Source revenue.from the Counto'and Desert Hot- Sprinp prior year amounts, the total 2-005 ,Public Source income is increased .by, S299,062 or 7A% ' II. Private.Revemie Source Assumptions Privaw Source revenueincreased by $272,205 or.34 2% due.to revision's io the dues structure for indnstrypart a s, new Website uid phut ach=emsiug opportunities, collateral and promotional offsets, trade show,AMtours .and event hosting offsets, revenue sharing arrangemeirts from CVA published g ides and rental offsets Prow -facility leasing. _ In addition, Industr;'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 -%9 increase an additional $6010M M.2005. Additioinal Privare Souris: revenues include Hotel and industry Partnership participation of $60,000 in,a nest Meeting Planner Guide.. .Increases in revenue sharing arrangements are increased $14,907 or 3.5% above 2004. 05/0W2005 16: 08 7607703029 PALM SPRINGS DR. CVA PAGE .04 Memorandum 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 Assun ptions ■ Salary adjustments, for the 12-months ending August 2004 based on the Los Angeles/Orange/Riverside County Index, were.3.3%. The Memorindum of Intent approved:bytbe JPA Executive Gonunnee provides a 20/6- 4% increases depending upon this Index. The 2005 cost of the.3396 salary adjusts-w= is $65,532. .CVA positions comparable to the Memb--r C itypositiot�s are subject co afive-step rxaexit pay program. In 2005, the proposed. merit increases approved in the 2o0+i-2006. MOI is estimated to . liave a budget impact of $55,000. With Ur�oiwd funding, CVA paygrowth rn these.positions can not be sustained: The CVA is proposing a 5096 decrease or a 2:5g6 rrzertt pay adjustment instead of a 5% annual.merit increase. Tice CVA wdl adopt a ".14step mart payprogmn This wail reduce 2005: pay casts by$27,384 as Well as future Pay growth- . ■ 1he CVA staff is .completing a Mention Study to. evaluate its �curxent Defined. Benefit Plan vs. the CA:I PERS.pbm' 'The CVA Pension Plan's unfunded liability for 2004 plan:year ending June 30, 2004 :is 4,0%. The; unfunded &blq is less than the,previous "year, due to staff changes with the new, staff -ineligible for contribution until 2006.Due to delays in receiving .cost information to compare the CVA Defwe0enefii Plan vs. CALPEBS Pension.Plan cost; the CVA staff will present an updated actuarial. eVAuat on and. comparative analysis in late -2004: to the Pension Committee for their review -and consideration. For purposes of the 2005 Budget, the Pension C mwi tee has' d rected.staf£to increase Pension fiuxding to help. reduce the u4t tided liab�ity Upon cou�pletion of the Pension Study, the, Pension Con naittee wM brake a recomunendatiou `to the- Budget Committee, TA.0 and jPA-$Xecutive CDn niittee. - Deperidiwg upon the Pension Study rrsiilts; i£ additional funding:is-.regaired, C;VA.staf f , vM.rake adjuster eats during the O&year review in 2005.. Accordingly, the �005`increase is _$126,216 above:2004 inid-year adjustments. ■ $udgeting for bonus-. and incentive compensation in 2005 is reduced by 1.4%.wha rnirxors.2- OC 4 pace.payouts. Staff A$sunamptions 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.vvorldoad. Additionally, a Website Manager Position wns eliminated as. theredesign of the CV,A, Website was outsourced,to.USDM.net.:Salaxycbsts for the Website Manager.were redirected into con=ct funding for redesigns in 2004.-and maintenauce.in 2005. In late 2004, the C;VA -continued to reduce dependence on 2nq outside contractor for daily Information Technology (IT)ahidnem-Orkadministration: Byselectively contracting for hig*technieal assistance, the reduction.iu the IT contract bas funded a more cost effective and efficient IT solution with 05/09/2005 16:08 7607703029 PALM SPRINGS DR CVA PAGE 05 Memorandum Re: 2005 Proposed. Budget October 14, 2004 Page 4 a.full-time administrative and. tec.linologyservices coordinator. Thus wffl improve dayto dzysuppoit of the CVA technology functions. In 2005;. a bousing. assistant position -rill be restored; as more groups requim.-assistance with the. continuing group. success down valley and re -opening of the Palra Spr�i Qs Convention Cenxter. Anew cdirvnissioaed advertising sales manager will be rehired to promote and sell -advertising in the CVA's: publications and on the redesigned Website. Amaccounting tech6iciaxi position is restored from pre . September 1 I levels as the Finance Division's has increased internal reporting responsibilities, improved procurement process and increased accounts receivable worm- oad: Promotional Efforts The Sales .and Marketing Department primary focus in 2005 -%0 coati tie to emphasize"relationship: se)ling" and developing new business that have not visited the destination. FoJlowing is a list ofthose. areas the sales staff wM concentrate, on: • Incree inbound FAM trips as Promote face-to-face_ customer imeractiorr Encourage newcustomexs to the -destination . . •. Impler ient cons stent.enal-and direct mail. interaction..... - • . Increase dedicated sales missions to designated mats Establish"qualitf' Prospect versus `quantity'' • Increase business froxri:semcal.ma� Ov tli a concentration on Vet produ4* industries * .Place Northern Califonaia sales riaanager in inarlaet and to improve pesformance.and direetaccess to Client base. • Funds are dedicated: to find new business. with Pre -qualified kads tbroto con=ctor. The Mari.etDevelopment Department wM focus ota the follov&& areas k 2005: . ■ Increased emphasis in sales irxissiow-, r+egional.trade.shows, r rnissions ha«e Been added to complement new rm&ts.opened by the new and or-expaaded or service-.. • .Continue funding dedicated to "Band" iinplertientation strateg will Mcitide trainprogram training prograwith. COD as partner: Empbzis vA be onlproxm6onal'materi2h,'Iutemation,4 xmrketing represemation and.trarl ring oppomuiities. K Additional focus vdl be.placed on updating collateral matens with new photography. of. new attractions and•resorts renovations, • Funds will be applied for improving trade show bootbs.consiste.nt with the "brand". ■ Additionally; new advertising opportun ies from national adyertisets and local bospitalit}- community- till be available on the redesigned Vehsite_ 70. 0.5/09/2005 16:08 7607703029 PALM SPRINGS 'DR 'GVA PAGE 06 Metnorandurn Re: 2005 Proposed )3udget October 14.2004 Page 5 • Increased emphasis on the redesigned 'Debsite to deliver information and collateral material to clients and industryPutners will maktainor lessen costs in printing, postage and shippiug.' Operational Strategy ■ The Furniture, Fham and Egt4tnent (FF&E) Budget in 2004 addressed' he majorkyof equipment and f = i w re of the new facility, some normal replacements in technology equipment will be required in 2005. (See Capital Improvement Exhibit 3) Continued in p ovements in the ptocurenwmt process will improve to ensure con petitive_pri 1n9u and qualityserviees-from the Industry Partnership base.. . ■ A. new Industry Pwtinership dues and benefit swxwre. will improve retention efforts vAth single date renewah and increas-ed pr;vate source revcnue:. • Establish new methods of using technology and, proprietary systems to improve productivity; lower costs and yield x competitive edge in suppoit of the sales and ina lbedng programs. ■ Reduce offsite storage costs byutilizirig new facility in. 2005 and one unitcloser ta newfacity New Building Impact in 2005 . The. 2004 Budget had 4 seven mouth cost -impact from the new facility in 2004.. the CVA completed the . closingof escrow a,ccount4itth over-S110,000 savings being apphed:to principal and iuterestpayments 'Ihe building.. -savings helped offset lower than: anticipated revenue from public and private sotittces ui 2004. ' In 2005, the CVAwill realize the full annualization of the iricressed building c( - that will include sonic maintenance services ihatVere not prrviotulyrequired; The new facilityhas 200(1 sq ft: of of.suites that have been r�aated to irrdtcryparutes tieguudiug in July004. Rerrtzl Iueome offsets total operating costs of die bwding'he �:ilA snticipatcs that at le�ist Ii of the 12 sautes will.oe leated:beginnng in 2005 and the 3% inflation itidex w71 tsegii formost. tenants in July, 2005. As part of the Lease A z+eement, tenantts. tiiay use tube' Boatd Room during normal busiaess hours. If additoonal servZces arerequired, such as technology.orassistacice after hours usage is necessary, addiuoiial.fees will be:generated.: fhe:CV.A. will ahQ lease the.:Boar+d.Room to industry parmers and others in 2005. All scheduled usage for groups Leask the facility wM not interf ire with CV.A mission-rnlated functions ox C'VA� Soa ,d meeting . . schedule. The CVA is currently woirlsing towardcontracting regular monthly meetings that will offset. facility costs and add needed revenue. Reserve Fu ndin In the 2003 Budget:process,_a.3-year phase -in approach to restore the Reserve ,A:ccount was adopted. The 2003 Budget allocated $20,000 to the Reserve Account and an additional $20000 was aIlocated at year --end �60 71 05l09/2005 16:08 7607703029 PALM SPRINGS DR CVA PAGE 08 ` ��dxibit 1 1po.& ! p20R s Oe "t P" <s"t9 ow'veu&K aid CVWw mol 2005 Budget EYF-CUM SIIWARY pd & Saaus Rerern In 2005, Cities' funding estimates are $19,938 beloworiginal City estanates for 2004 and $127,242 or 2A% above the 2004 revised (ty.revenue- Additional Public. Source Revenue $51,000 From Fantasy Springs Casino Hotel Additional Public Source Revenue S100,000. From Morongo:C,asino Hotel and Conference .Center " * Additional Public Source Revenue $231000 . From Desert Hot Spxin4trs prior debt to CVA Based on the CVA revisions of additional Public Source revenue f rorxit the C ountyand .Deserf Hoc Springs prior year amounts; the total 2005 .PubIX Source income mcrmed'by $299,062 or 7.4%. Pr une Saw," Rnzmw. Private Source revenue incr eased .:by $272,208 or 34.296 due to revisions.tq the _dues structure for w vstrypaxeuers, neon Website and prim advertising oppomini =, collateral and.pronaoional offsets; trade sbow; FAIvI tours and event hosting offsets;evenue skiaring arrange xiaenis from. CVA plrblished guides and rental offsets: from facilityleasii ;Additional private source revenue: incmases to Z005 area IndustryParmeri*Dues creases $.190;190 * Advertising Revenue 44,37.1 Palm Springs Desert Resorts O=nel:Revenue Share 201000 " Revenue. Share Progr= Publications) 4,907 Event Hosting Offsets . 4;317 Rmal Offsets: for eisecutive suites and Board Roomy . 34;152 73 05/09/2005 16 08` 7607703029 PALK SPRINGS.DR- M -PAGE 09 Exi4)iF 1 DurxrPmnu*ndExpema _ •' -The Direct Promotional Expenses decreased.$24,562, due to a one-time reduction of Website redcs�n and an updated phocogaphy bibrary completed in 2004. Following is a list of major items under Direct Promotional Expenses: - Advertisuig. $476,200 " Collateral Material 140,320 ■ 'Trade Shows/Sales Mssions/FAM tours 360,779 UK/GERMAN I epresentatiort 78,5Op ■ Website maintenance and support 46,000 Pend CQsrs 'lie -Personnel Costs consisted of a riet increase of 12.1% ovex` he 2004 $ud et estimates: Changes in Personnel Costs include:. Personnel Cost for. restored or reprogrammed positions $111,289 • Annual Salaryadjustaients increase 65,532 Step increases @ 2% % Am. 596 27,384 ■ Pension cost increase to reduce unfunded kbiiity 1226;216 Health Care Insurance -15,053 Worlh's. Compensation Insurance . 6,281 One of tle pruzlaryincreases in personnel connatioricontribution n pension min effort`to close the. gap on the unfunded -pension liab>7.it .' C dxrExpeae Other Expenses had.an.averall 4x rease of $51,37.4 or 11.196.fr6rri 2004 lev els. Incitised/(Reductions) indude_ ■: Computer Contract, Services ,(redirected to personnel cost) ($30,256) Elimination of Atrium Desijn CenterIxase (0)180) '. Utilities increase for f A Yr' 2 ' 11,000 . -Professional Fee Increase .(audit, internal control and legal fees)' . 10,400. Caul ExPenAugff 'The.Cpital Expenditures decreasedby $120,iWdue to the -.reduction and clunination of the 2004 non- . rec.U=9 Furnhure, Fixtures .abid Equipment costs for the oevv facilitT 'I'be primary cost k this category is the 15 year loan principal and interest payrrrents on the new facility, and additional annual payments. of $5,724 over 5 years fornomul capital expenditures. (see list onexhibit 3). Principal Debt Ser%rxe $178127 Interest Debt Service 77, 3�1: �,553 74 05/09/2005 .16'08 -760 7703029 PALM SPRINGS DR CVA PAGE 10 r=xbuz MRCVA budipt 2M3.2M & 2005 2004 2004 2005 no *A of Approval of- Ammvcd Mid-Yr %a. pml--d %Vc cMI jtgvcmx RCYCOM Allocadon xcmm- BAEZ! Revemte Pablk Soorces 'A I 1010 cwhc&d City 124,025 14% HIM U% 112,353 2.) #A I WSJ 3o20 Vcmt Hot spipp 65.32e 1% 64.047 1.1% 64,047 11% 64.036 3930 hAn Weft 603.60 12% 609.253 10.99i 60.253 11.5% 6M.865 12r/. 3040 Indio 63.1014 )% 0,763 1.1% 63,763 1.2% .60.00 3050 1.2 QainU 431,261 9% 44112 23% 432.14 9.17i 41SA35 300 "PITUlDcud 904,739 19% 948.M 16.2% 943w 17.99E 94LW 3070. Vnbn SprhW 1.017,094 20A 1,140,949 201A 1,140,M9 21.5% 1.064"179 19.7% 3m AM &A WSW, 685,961 13% 145.000 01% 745,10) 14.0% 747,W 13.7X 3090 Riymidc Coo* 44� p 1% 46hS39 01% 46,539 0.9,% 4LU6 OMA 3.990A03 77,34 4232,575 74AA 4,212.575 79.4%. 4,192.637 772% New mig souy=. 0 0.0% a. 0.01A 0.0% 174.0001g) 32% kcviacd TOT rMledom 0. 0.01E .0 0.0% (145,0001 4.* 0.0% TolsOlubrik 34OFft kffcm.m 3,990.403 773% 4,212.575 :74.6% 4,M7.575 76A% AjI66.037 30.4%Piidstc Sources: 3110 Mdnbaslap 6rcan.e 349,174 6J!9 360.000 6^ 337,160 6.4% 527,750 9.7% 31" AdmilftOftb. 101,529 2.1% 201500 4A% . .121.229 M Imm 3A%.. .3139 c4n3wdQmttx.. 21.159t, OA%- Xwo "0.0% 33,5900 VAPA 16,500 0.)%' 3140 humdow wasedal " offxu ]A% OAA ISO 0.0%, 419 AM 7" -OAW 3150 Tr,& 3b" oibxw 174.544 SAW J;rw 33% 3j% 17i,600 329E 3t55 F-Triosoffilch 21;721 0.4% JOAW 92% ls�o 0.6% 5'C00 .0.1-A $170 %a Hafing Offsat 17,040 VA ill."V 0.3%' 13'M :M. 12.750. 0.1% -3200 otT1%i16':. 23AW 03% 20,000 "OA'14 22,01 dA% CA 3306 R40 000 j 13.90 ..101.* Uw O.'m 21,43E O.M .0.590 )A 390 hlwmd Inoww 1.79.S. QXA 19,285. .92%, W% .1910 Miecdlanweio breo.nf E 602 0 **A "A"OrA .03%. stmw 0%, TOW Mrste soltwe "9 jr�A"Z275 17A% 7?SXZ 15 194% TOW Revenue 4.741.291 114% SaO4jM TZIN. 4,E 207 91A% 5,434.077' IW.Q% 2740 RoOwerFnids 40.657 444,0U. 7.9% Al"im L4% 0 .0.0%. 127401. Refute ftmwat6p (40", A.3% ..0. 0.05A .0 .,. 0.0% TotalA"Mak ]Fdb& SO4"n toy. 5.304,M INA% S,g4,E77 IQL*% AdverUft solo fiotltlCgbn 37.336 070W .554M 1 26.90 0.3% -wo soo'*% VIA 51MI 9.3A 476.032 9.0%. 4.76,200 3030.. Pulfilb"" I I.te O:2% 1000 -9.2% Ml%: 500 Wcbsk Dp4pbSWP-. 9.603 0-11A 25,000 9.41A. 70.000 13% 44XC 01% 5110. 1.6%. 136,400 ZAK 16,"0. 2.1%. 140k= ZVA mts lialod Faro tatipnary. 11A1 03% '33'000 CA% 0.7% 33,150 a -. 0.0%. 5.120' w 011% AAW '11.1% 3;90o CA% 5110 F260arpaw-n TFIPF Lay 67J6001.2% 73M. 1.3% 5133 i *P-U-- '14M . 0.3% 1000 OJ� 16.4% 'S140 Tp* 16wr5alcr wm;om 31E,524 k%. 20.355 4J'5f 24ASS-- 4.9% 4.904 $00 TTSM &.IACWmg fG.23tl. 13r74 9Q130 J�A% 27,7W 1.11A Lm 5.155 mccow. -2tAS 0.4% Ipw 0.2.% 13J00. AM 13AO 011% 51603.500 .T1cWJ 4A31 AMA .,5W.- 3 0% 3165 mwkcft 10.900 0.20A .1%700 tc,qqp 0.2% JOAN 0.2% 5170 Rep M"lion 14.760 Li% lolm 14% Mm L$% SM ComvvW Sc.rvi=.. 21.792 11POO ];)% 70.000 1-17i 60yD0. . 1.1% 313Q kyag Hodis .33j646 .0.4-A 1.0% K450. . i,^ Y7,C30 13% $00 1.2% 5210, )4J61, ilk 7% 2050 03% wo OVA 4AM 0-1 %. 5= PA"W-i AD- 11AM 0.2% 13AM .0.2% 13.400 (U% 13.406 D-T* .5310 thtes . '24.407 .43% 234613, dA% 23,6tl 9.4% 23.%3 D^ 5320'. Research' I tA44 D-TK 11.30 012%. 11.340.. m 10.%* 0.2% $336 Postwar 97.1" Lm 106JDI0 15%'-- 110XIO 2.1% 1tk17a 2.1% 5340. Tc1kcowlmUm;t9kVt% '0 % I. 0 Q^- 1-ULMS JR. 1 -4,". TO-11-n wlzmmot IAMM 30-IM 7.5 ICVIVWI� 05/0972005` 16: 08 -. 7607703029 PALM SPRINGSDR C17A PAGE " 11 1:xhro112 k=RCVA Comblmd Budot 2W3. 20M 4 2003 2W4 2004 2003 2003 - Y."of Aporowd. %of ApprondM;&Yr %of hopoaed. %pj Acmml Rcttiiwa Buds ltevd+ue Albcmion kcwcm OldRd Reralue l,er:.,■ne1 Calla 4010 5elatia 1,b33,136 3.1.6'A 1,769,463 31.3% .1.V,483 33.3% 1.93S;792 35AA Stcp lnerasa 39.000 0.8% 41,729 0.7% 41,71E 0.11% rl U4 0.5% Saiw Adjusui,a.0 49.00 0.9% " 51.477 09% 31,471 Lm 0,532 ),2% .4029 . Handy 4I.70S .. 01% 9,960 02X 9:960' O Z% 9,9G0 0 2SG 40t0/j0 ayrowssarJlnamtive 135.770 2.4% 180�16' 3^ 130,216 3.4% '117AN . 3.3% 41.10 paycetl Tara I43.790 - 2.1% 168,q3t UrA IW31 3.21t 184,796 3.4% 4120 Meduoitifelasunwee 176,212 3A%. 204.106 -3A% 294,806 IVA 219,g39 4.o7i 4130 Coomct Labor 3.392 0.1% L000 0.0% 1.000 0.0yG 1.200 0.0lS 4140 TatSion F'bnfhanritjr Z45.025 4.1% M172 . 1.9'K 146,iM 4.7% 375,000 6.9',�, CSO Waked' Compakarm kturarm 21,2U 0.41E 44,W 0.6% � 34.M7 0.6% 40.64E 0.714 2.490.014 49s% 2,683.7+14 47.s% 2.710,352. 51.1%, 3,037,it31 55.9% 45Aser xapease! { 6015 SuUcriptiara wblk doaa 7,429 O.1Xr 7.)50 O.IK .7.350 0.17G. 7.691, 0.1%. 6060 6080 _ -ConVota $mpbycc 7rxb i"r)u; ifw= 106,1WZ 6.535 2.1% 0.1% I01,446- t5.525 1.1% 0 3x 90.941.. 16.52.5 1.7% 037W W.W 16,775 11.1% OJ% 6090. 1:gr6pmcr.tLew . - 31.409 0.6lG 19'139 OSX .. I9,13D 03%. 29,139 03% COD Fgoyirwaw Repair � Miaittleaaoee ' 12.12E D2SG' 1500 D 3%:.. 15.050 p3'% 16.070 O-VA 6110 Geac�llnpur 21ASE: 0.4% 24.007 OA% 24JId7 0.5%- 29.556 03% 6120 k*.csmn*cbmw 3,245 6.17G- 3,¢90 0.17y .. 3r430 QI% 3.6W 0.f% 6130 Lam Mccdnv" - 27.175 - 0.5%, 19,170 0.3% 17,170 A-10A 20,270 QqA 6133. Autoareblkgm m 53;696, Ii0% 59;160 1O% S7.6b0..%- 6.146 ?mfeisipaal Foes 35.273 6.7% 29,130 OS% 24;154 0.6% 39.756. " - D.»G 6130 licot . 129,001: 7.77L" 121,lI10 2.2% 119,72) '2.1% : ` 62,543 6155. tJulma. 22,21t OA% 75,M 033 25.i00 0 57F 36 i00 0.7% 6170: - Supp171OQiaEapdue ' 33,177 Q.69i 29,520' 9.59r. 29.32D " :. 0.69E 29.SZ0 0.3%, 6110 W Debt-Expeax. 16 749 0.3% 0 0% 5'000 01% 0.0% s66,9t6` 11A% 460,059 iS% 462;272 - a t10,R48 767G c.qptw Expeedkares 70.10 dI"Oway 51.069 Lb% .0.6%. 7010 "&E M470 S.M- .. 1 r5d7a 3J% 0.0'1L 7020 Pr ireipal l]ebcSccviec O.TA .. 92X2 1.67f. 13.J63 t 6lL 178.127 3,VA. 7030 1aleKd 17L*( Servwe . '91.796 0 N 91,236 3A% 114,M 3,A 177 3 ? '- .16 : 125 l,6% 568y78 - 10MA 476,17E 9074 355JE0 Teta1 F.YpmCturn 4:7TOJ7A 91.474 SAE6.I17 1.7.1X. - S,302,732 1'! JAL "WrA Ka Tueas(DiRdg 4u a2e._ 3 64tr I621661� Z9% - 4:1/3! 1LI% 76 05/09/2005 .:56:08 7607-7-03029 PALM SPRINGS DR CVA PAGE 1-2 Bx)tblf 3 .. - Palm Springs Desert Resorts Convention.and Visitors Authority zoos CW4W Expendwres a n�q�rioo Description of )toms con Tcdwology Equipment/Sortwpi e 1Xrtrcleei Network c9mpment for T3mr3 TLoom ;2.000. MN.590 modules for puedtase otdcc sod jub tostu g (g2500/uiodttic) 85,000 MS Officc-Xp suer 6ctnse.(5) L2,5A0 Replstc6g outdated laptops for tride shows and licrtcd Room lase (3): 53,300 Printer mplacemcou (5) P AM Replaccmcat of cell phooma palm plots . i2;5cio WF,R Server to hceess Pbuwgmpbic Lbtaiy $2,500 . MAC-Nb6ca6nn Sofiw-c/14 dwxre Up6tvda. 53; Snhtotat Twit lrgttip. L22 300 ' pffca-Equ.ipmeut Spqwbzcd TTCab nctry W..Ov=m for -Trade Show Use: ;800 Fr[e ptoof.Media Sift Subtota ,offim-EquipmCot Total Capital Zvcmci ;25,600 Anmum to bc-Pustced. L25;60a )'tojccted GA3.P_d!$£ hintineiog Rate. 4.50°/. pu+ance.Teru, 5 years 2005 Menial Operroinx Costs . Datr'Scst+ic¢ -'Pdnaysf 14680 T?ept ScrYice - Jatcsest ST;044 : Tow Opea►dogCm.. ;5,724 .15,724: .. _ Z- r 2r..-_.....,. y��._:i? V - d .' +.: �••s 1'��r..ii.�i.iv.'w:�= aas'r AfWi�.--/.' -QM". h::: -�1'��.�i� . i .q.'r:.:�; :•_ h K.:..3::... s..w :.K: - .'�!�F: y _. .. 77 MAY-12-2005 THU 09:43 AM LANDMARK GOLF CO FAX NO. 7607761 LANDMARK Advisory Board Robcd Wagner C'hafnaae Johnny Bench Rick Dct--, Bill rhwanc .John h1way Larry C:adin Ed Marinaro Dr. Gil Morgryn Don ohlauyer. . duhnny Pod Mikc ShanaW Ernie* Vm1cr Joe Walwr, Jr. May 1.0, 2005 Landmark La Quinta City Council 787495 Calle Tampico La Quinta, CA 92253 RE: Palm Springs. Desert. Resorts Convention and Visitors Authority (CVA) Dear Councilmembers, Greetings. I am writing this letter to you as a Vice President of Landmark Golf Company and. as the. Landmark corporate representative who is Involved with the marketing. of. the City of La Quinta's SilverRock Resort's Of facility, .I_ also serve as the current Chairman of the CVA's Hospitality Industry and Business Council and represent the Council as a non -voting member of the CVA's Joint Powers Authority. Our HIBC group is an integral part of the CVA, especially with its sales, marketing and publicity 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,1 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. h 7 . 74-947 Fnghway ill, safe 2oo . indion wells, California 92210 Phone (760) 776-66M • Fax (760) 776-6686 78 www landmork9olf com MAY-12-2005 THU 09:43 AM LANDMARK GOLF GO 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, SilverRockwould 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, tam 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; lets 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 tohappen: 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! 79 MAY-12-2005 THU 09:43.All LAN6MARK GOLF CO FAX NO. 7607766686 P. 04 The CVA is a subject I know well. 1 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. -.Sincerely, Judy ossler ce: Mike Islava sF9 80 Attachment 2 Palm Springs Desert Resorts Convention & Visitors Authority Report of Ad Hoc Reorganization Committee In the wake of the departure of the long time CVA President and a financial audit which highlighted numerous areas that needed improvement for the oversight of the CVA, Chairman Tom Freeman called a public hearing to discuss the future of the CVA. At this lengthy public hearing of the CVA's Joint Power Authority Executive Committee on June 21, 2005, at Rancho Mirage City Hall, a 12-member. . "Ad Hoc Reorganization Committee" was created to review the state of the CVA and make recommendations to the CVA Board for any appropriate changes in structure and operation to get the CVA back on track as a convention and tourism agency for the valley. The committee was comprised of the following appointees: Rob Bernheimer, Co -Chair Indian Wells City Council Member Tom Netting, Co -Chair Vice President Managing Director, Hyatt Grand Champions Resort & Spa, Indian Wells Ron Oden Mayor of Palm Springs David Ready City Manager, Palm Springs Greg Johnson City Manager, Indian Wells Bill Powers President/CEO, Pacific Western Bank Aftab Dada General Manager, Hilton Palm Springs Carlos Ortega City Manager, Palm Desert Tim Ellis General Manager, Palm Mountain Resort, & Spa, Palm Springs Guadalupe Ramos Watson Indio City Council Member Lee Morcus* Owner, Kaiser Restaurant Group Rolf Hoehn* Managing Partner, Marketing Solutions Group * denotes Member at Large from Community An ambitious timetable was established, and the Committee was charged with conducting its work and reporting a series of recommendations back to the JPA for its consideration within 60 days. The committee held two meetings to set the agenda and prioritize topics prior to an all -day "Retreat" on Thursday, July 21 ". An impartial volunteer facilitator (Bob Elsner) was selected to help expedite the process. Along with Mr. Elsner, Interim President Steve Morris and his assistant Beverly Waszak attended the retreat and assisted the Committee. Mr. Elsnerconducted individual interviews with Committee members in early July. He distilled their comments into a document designed to identify points of agreement, as well as differences the latter to represent the heart of the discussion for the retreat. The document was distributed to Committee members prior to the retreat and also included a variety of research intended to assist Committee members in the reorganization process. All documents prepared and used by the Committee are attached to this report are now available for public review. J r1 81 On Thursday, July 21St, the Ad Hoc Reorganization Committee of the PSDRCVA met to consider, debate and ultimately recommend strategic changes to the CVA. Although the committee represented a wide variety of tourism interests from Palm Springs to Indio, public and private, hotel and business, the clear objective was to promote "One Valley, One Voice" for tourism, the Coachella Valley's number one industry. The Committee reached a unanimous consensus recommendation around the key topics of the meeting: Name; Corporate Structure & Board; Oversight Issues; Funding & Membership; Internal Organization Issues; Performance Standards; and Exit Penalties. Each of these Topics will be addressed in this document, with recommendations in summary form. In some instances, brief narrative comments are made for clarification or to provide more background information. Included with this report are draft suggested amendments for both the CVA Bylaws and the JPA Agreement to implement these recommendations. CVA REORGANIZATION PLAN I. NAME. Maintain the name Palm Springs Desert Resorts Convention & Visitors Authority. The identity of the Palm Springs area is known throughout the world and it would be detrimental to the area as a premier tourist/convention destination to change its historic "brand" identification. II. CORPORATE STRUCTURE & BOARD. A. Corporate Structure. Retain current Joint Powers Authority'under California law, controlled by the Member Agencies (currently, 8 cities and the County). B. Board Members. 1. Each Member Agency shall appoint 2 board members (no alternates) to the JPA Board for 1 year terms as follows: a. I Board Member to represent public sector interests; and b. 1 Board Member to represent the private sector interests. 2. Each Board Member serves at the pleasure of the appointing Member Agency (each Member Agency has the power to remove its appointed Board Members at any time). 3. President/CEO to be a non -voting Ex-Officio Board Member 4. Board Members are subject to appointment or re -appointment by the Member Agencies with no term limits. 5. Member Agencies may be Tribes with TOT commitment on par with existing JPA members. C. CVA Chair. The Chair shall be selected by majority vote of the Board. 1 82 III. OVERSIGHT ISSUES. For purposes of operation and oversight, the CVA shall maintain the following standing committees which shall be proactive and volunteer driven: a Finance Committee, Audit Committee, Personnel Committee and Sales & Marketing Committee. Additionally, the CFO shall act as the CVA corporate treasurer. A. Finance Committee. 1. Responsible for recommending annual budget and management of pension funds to the Board and to review with the CFO/Treasurer the finances of the organization and all fiscal policies and procedures. 2. Chair shall be a Board Member appointed by majority vote of the Board. 3. Committee members shall be appointed by majority vote of the Board. 4. President and CFO/Treasurer shall serve as non -voting, Ex-Officio members. B. Audit Committee. 1. Each Member Agency shall appoint 1 member to the Audit Committee. 2. Audit Committee members to select chair by majority vote. 3. Auditors shall be hired by, and report directly to, the Audit Committee. 4. Audit Committee has the authority to audit all financial matters (including pension funds), Return on Investment (ROI) and reported bookings. C. Personnel Committee. l . CVA Chair to be chair of the Personnel Committee. 2. 3 Additional Board Members shall be appointed to the committee by majority vote of the Board. 3. Committee Responsibilities: a. Oversee the compensation structure for all employees. b. Annually evaluate the President and submit a written evaluation to the Board. C. Make recommendations to the Board for President's salary and bonuses. d. Receive all complaints of misconduct of the President. D. Sales & Marketing Committee. 1. Chair shall be a Board Member appointed by majority vote of the Board. 2. Committee members shall be appointed by majority vote of the Board and include representatives from different industries 83 (restaurants, convention hotels, gay & lesbian hotels, small hotels, naturist hotels, golf, attractions, resort rentals, retail, etc.) 3. President and Vice President of Sales & Marketing on Committee shall serve as non -voting, Ex-Officio members. 4. Empowered to created subcommittee(s), as needed 5. Require and review sales, performance and audit figures. 6. Review and recommend to the Board, commission and/or incentive plans. IV. FUNDING & MEMBERSHIP. A. Funding. Private sector funding of the CVA shall equal %2 of public sector funding within 5 years (i.e., if Member Agencies contribute $5,000,000 in 5 years, the private sector shall contribute $2,500,000). B. Membership & Funding Committee. Board to appoint an Ad Hoc Membership & Funding Committee. 1. Chair shall be a Board Member appointed by majority vote of the Board. 2. Committee members shall be appointed by majority vote of the Board. 3. Committee to make recommendations to the Board, for Board to adopt within 18 months, to achieve funding mandate. Committee to establish timeline to show progress to the Board. V. INTERNAL ORGANIZATION ISSUES. A. Outsourcing Contracts. 1. Contracts of $10,000 or more in value, or that extend for more than one year, shall be approved by the Board. 2. Contracts of less than $10,000 in value must be received and filed by the Board (so that the Board is informed about all CVA contracts). B. Employee Sales/Bonus Incentives. Sales staff should have bonus incentives through a formula emphasizing room night production. There should be no cap. Production should be verified and reviewed by the Audit Committee. C. Coordination With Palm Springs. CVA and Palm Springs Convention Center will explore consolidating sales efforts to achieve efficiency designed to increase sales and reduce expenses. ,)73 84 VI. PERFORMANCE STANDARDS FOR CVA. A. Performance Measurements. Sales & Marketing Committee to develop performance measurements for all CVA initiatives and shall utilize IACVB measurement standards as basic guideline. B. Sales and Marketing Initiatives. 1. To be overseen by Sales & Marketing Committee. 2. ROI should always be considered for sales and marketing initiatives. All members should expect to receive a return on investment, and this should be a key factor in demonstrating the ongoing value of membership in the PSDRCVA to Member Agencies and other stakeholders. C. Staff Procedures/Guidelines. Personnel Committee will oversee staffing procedures and guidelines. D. Report. CVA to issue monthly public report of room nights booked by both hotel and city. VII. EXIT PENALTIES. A. The Exit Penalties for Member Agencies shall be revised as follows: 1. Member Agency must adopt resolution to withdraw from CVA after a public hearing and provide written notice to withdraw to JPA Chairman and all Member Agencies no later than October 1. 2. Member Agency shall pay all dues for the following calendar year (as well as the remainder of the year in which notice to withdraw is given). 3. Member Agency loses right to appoint board members (after notice to withdraw is given) for ensuing calendar year even though dues are payable. 4. Businesses located within a Member Agency's border which has withdrawn will continue to be prohibited from CVA Membership. 5. Reinstatement. Agency must reapply as if it were a new member. Reinstatement will only be considered if the Agency adopts a formal resolution following a public hearing requesting reinstatement to the CVA. NOTE: This policy eliminates the penalty that a Member Agency pays dues for each year it was not a member. The Board may consider any penalties for reinstatement, if any. 85 JEFFREY B. BECKELMAN Ss4 I Phone (775) 232-7660 e-mail Beckelman(Wearthlink.net A 30 year veteran of the travel industry Jeffrey B. Beckelman is the President and CEO of the Reno Sparks Convention & Visitors Authority. Jeff served as the Vice President, Sales and Marketing for both the Venetian Resort Hotel Casino and the Sand Expo Center. The Venetian Resort Hotel Casino ran an annual occupancy of nearly 96% and an average daily rate of $185.00 with Mr. Beckelman in charge, nearly $60.00 more than Las Vegas competitors. The hotels EBITDAR earnings were in excess of 185 million dollars in 2000 and the Sands Expo and Convention Center project in Las Vegas was considered America's most financially successful convention center with EBITDA earnings in excess of $25,000,000.00 annually. Previously he held positions with various convention bureaus and authorities across the country including Executive Director of both the Tampa/Hillsborough Convention and Visitors Authority and the Albuquerque Convention and Visitors Bureau and the President of the Convention and Visitors Bureau of Memphis. 5 J7J JEFFREY B. BECKELMAN Phone (775) 232-7660 Beckelman(&-earthlink.net Business Experience: Reno Sparks Convention Visitors Authority (RSCVA), Reno Nevada President & CEO, April 2001 — Present Chief Executive Officer for the RSCVA, reporting to a 13 member board comprised of government and private business representatives. The RSCVA, which employs over 250 people in Northern Nevada, is a marketing organization with a budget in excess of $45,000,000 per year. It's function is to promote convention and tourism business to Northern Nevada. RSCVA owns and operates several facilities including two golf courses, the Livestock Event Center, the National Bowling Stadium, Downtown Event Arena and the Reno Convention Center. My primary responsibilities include sales & marketing, facility operations, contract negotiations and F&B for facilities, overseeing executive team, managing P&L, Forecasting and budget. I also chair the Regional Marketing Program and the State Marketing Program. Venetian Resort Hotel Casino & Sands Expo and Convention Center Vice President, Operations, Sales & Marketing November 1989 — April 2001 Senior sales and marketing executive for both the Venetian Resort Hotel Casino, and the Sands Expo and Convention Center. Recruited as one of two senior executives to direct, design and implement a development program to establish a business plan for sales, service, and operating structure for a 615,000 square foot, full -service convention center. Assembled and managed the sales and marketing department for the Venetian Resort Hotel Casino of forty-one (41) and for the Sands Expo and Convention Center of eight (8). This sales force is responsible for contracting large trade shows and corporate events to build the revenue base for the Sands Expo Center and hotel occupancy and average rate for the Venetian Resort Hotel Casino. The Sands Expo and Convention Center is the third largest exhibit and meeting facility in the country, ranked by Tradeshow Week. It is also America's most financially successful expo and convention center with annual gross revenues of almost $50 million. The Sands Expo annually hosts twenty (20) Tradeshow 200 size trade shows and over fifty (50) total events each year that bring nearly two (2) million people to Las Vegas. The Venetian Resort Hotel Casino is America's premier convention venue offering 3,036 suites; 500,000 square feet of Congress Center space including fifteen brand -name restaurants; Canyon Ranch Spa Club; the 500, 000 square foot Grand Canal Shoppes offering nearly seventy (70) boutiques, restaurants, and entertainment businesses; and all attached directly to the 1.2 million square foot Sands Expo and Convention Center. el S ( G Tampa/Hillsborough Convention and Visitors Association Executive Director & CEO October 1985 - November 1989 Recruited as the first Chief Executive Officer of the Association to develop a full -service Convention and Visitors Sales and Service Organization to position Tampa as a viable convention and visitor's destination. Assembled staff of 25 full-time employees and created a comprehensive marketing plan. The Annual Budget for the Association grew to $3 million. Albuquerque Convention and Visitors Bureau Executive Director & CEO July 1983 - October 1985 Chief Executive Officer for full -service Convention and Visitors Bureau with an annual budget of $2 million. I reported to a 22 member Board of Directors composed of a cross section of private sector and governmental community leaders. Convention and Visitors Bureau of Memphis, Memphis Tennessee President October 1978 - July 1983 Chief Executive Officer for three divisions, Convention, Tourism and Membership. The annual budget for the Memphis Bureau grew during my administration from $150,000 to $450,000 in 1983. 1 reported to a 15 member Board of Directors and was responsible for the administration of headquarters office and development of a full -service program. Cook Convention Center, Memphis, Tennessee Director of Sales & Marketing October 1976 — October 1978 Cook Convention Center is a full -service convention center offering 150,000 square feet of pillar -free exhibit space. Responsibilities included supervising staff, development of sales and marketing programs to effectively promote center as a convention and trade show facility. Lodge of the Four Seasons, Lake Ozark, Missouri Director of Sales October 1975 - October 1976 Sales Departmental Supervisor, developed team approach to effectively sell group business with a goal of 6,000 room nights per month. Individual responsibility for group sales in the insurance market. The Adams, Phoenix, Arizona Sales Manager February1974 - September1975 National Sales Representative and Department Supervisor for account representatives servicing accounts in the Association, Corporate, and Group markets, departmental supervisor for sales staff of 4 full-time account representatives. Holiday Inn, Memphis, Tennessee Director of Sales October 1972 — January 1974 Developed a total marketing program to effectively reach the potential clients including: National/Regional, Individual, Commercial, Tourist, Local Banquet Education: 1969 B.S. University of Tennessee `7� JEFFREY B. BECKELMAN Address: 10410 Rockport Lane Reno, NV 89521 Telephone: Cell: (775) 232-7660 E-Mail: beckelman@earthlink.net EDUCATIONAL BACKGROUND Bachelor of Science — Radio and Television Journalism — 1969 University of Tennessee; Knoxville, TN SUMMARY OF EXPERIENCE 2001 to Present Reno Sparks Convention & Visitors Authority (Reno, NV) President & Chief Executive Officer 1989 to 2001 Venetian Resort Hotel Casino & Sands Expo and Convention Center (Las Vegas, NV) Vice President, Operations, Sales & Marketing 1985 to 1989 Tampa/Hillsborough Convention and Visitors Association (Tampa, FL) Executive Director & Chief Executive Officer 1983 to 1985 Albuquerque Convention and Visitors Bureau (Albuquerque, NM) Executive Director & Chief Executive Officer 1978 to 1983 Convention and Visitors Bureau of Memphis (Memphis, TN) President 1976 to 1978 Cook Convention Center (Memphis, TN) Director of Sales & Marketing 1975 to 1976 Lodge of the Four Seasons (Lake Ozark, MO) Director of Sales 1974 to 1975 The Adams (Phoenix, AZ) Sales Manager Jeffrey B. Beckelman Page 2 1972 to 1974 Holiday Inn (Memphis, TN) Director of Sales 1969 to 1972 Knoxville Chamber of Commerce (Knoxville, TN) 1970 to 1972 Director of Convention Bureau 1969 to 1970 Director of Communications COMPENSATION Mr. Beckelman reports a current annual base salary of $222,000, an annual auto allowance of $12,000, plus a full benefits package. PSDRCVA-01-7/05 Department Report: I A COFT9 TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager ^ DATE: November 1, 2005 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the October 18, 2005, City Council meeting: 1. Ira Boiko, 44-750 Seeley Drive, Les Ezry, 80-085 Vista Grande, and Lori Fahwestock, 80-065 Vista Grande, all spoke regarding the gate separating their neighborhood from the Indian Springs Apartments and its continuing impact on their lives and their neighborhood. • Council shared that the City of La Quinta is proceeding to research the matter to see what, if anything, can be done legally to rectify this problem. The Police Department has increased its presence in the area, as well. 2. Joe Broido, 77-510 Calle Nogales, spoke regarding the details of the decision to rent space in the new library at approximately 50 cents/square foot to the Chamber of Commerce, a private organization that takes positions on political issues. He would like to know how the decision was made. • Council directed staff to provide to Mr. Broido copies of the minutes from previous Council meetings where the item was discussed. J �V DEPARTMENT REPORT: I"� t 6(4rV QUZO(Z v 5 w5 C� OF f 9 TO: Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager �/�� DATE: November 1, 2005 �� SUBJECT: Department Report - La Quinta Library Quarterly Report Per the City's Memorandum of Understanding with the County of Riverside, the La Quinta Public Library Quarterly Report for the first quarter of Fiscal Year 2005/06 is attached. 081 La Quinta Public Library Quarterly Report July 1, 2005 — September 30, 2005 Circulation For comparison purposes, during the month of June 2005, a total of 4,940 items were borrowed from the La Quinta Public Library. In July 2005, in spite of the half -month closed period, 2,873 items circulated. The Library reopened on August 9t' and during the remainder of that month 5,053 items circulated. During September, 6,877 items circulated. In July, the Library was open for 80 hours, and in August a total of 142 hours. During September, the La Quinta Public Library was once again open for service to the community the full monthly allotment of 174 hours. An average of 35.91 items, including fiction, non-fiction, and children's books; videos and DVDs; music CDs; books -on -tape; and magazines were borrowed per hour open during July. During August that average was 35.58 items per hour open and in September it increased still further to an average of 39.52 items per hour open. Collection Holiday Moving Company moved approximately 28,172 items from the old library to its new location over a period of four days. Over 5300 new items were ordered and have now been added to La Quinta Library's collection. This brings the total up to 33,485 items housed within the La Quinta Public Library. Library Cards Issued Since Opening of the New Library More than 1,050 new library cards have been issued since the new La Quinta Public Library opened to the community on August 9, 2005. Library cards are valid for a three-year period. Cards previously issued continue to be honored. Programming The Preschool Storytime is held each Tuesday morning though out the year with the exception of August, when the children's librarian plans her program themes for the coming year and takes her vacation. During July 2005, a total of 75 children attended the two preschool programs, and during September there were a total of 134 children in attendance at the three programs. (Note: There were only two programs in July because of the branch closure for relocation). Using September 2004, as a point of comparison, 91 children attended the three preschool programs offered that month. Mid -September a weekly Bilingual (English/Spanish) Storytime began with a total of ten children attending the two programs. A new Lap -Sit Program for parents and toddlers is being added to the programming schedule every Tuesday morning preceding the regular Preschool Storytime. r` 8 n � �f - 2 La Quinta Public Library Quarterly Report —July -September 2005 Class visits and library tours will begin during the first week in October. Members of the monthly La Quinta Book Club, an adult book discussion group, voted to go "dark" during the summer months. Their first meeting of the season is scheduled for Monday, October 3. Summer Reading Program Although the number of children participating in this year's Summer Reading Program was affected by the move into the new library building, a total of 95 children signed up to participate in this year's Super Readers/Super Heroes themed program. A total of 219 children and their parents attended the eight weekly special programs. Next year the SRP Reading Logs will be maintained at the Library providing staff with accurate statistics of the types of books being enjoyed by the children and the number of children who complete the program. The logs will also supply staff with information regarding schools attended and the grade -level of the participants. Facility During the July -September Quarter the La Quinta Public Library moved into the new facility and is currently occupying 10,000 sq. ft. of the new building. The increased space allows greater programming possibilities and room for expansion of the collection. Public computer stations have increased from 12 in the old building to 31 in the new facility. Public computers include on-line public access catalogs, Internet stations, and Microsoft Office workstations. Volunteers A total of 402 volunteer hours had been logged in during the summer 2005 quarter. In July, eleven volunteers worked a total of 101 hours; in August, eleven volunteers put in 124 hours; and in September seven volunteers worked 177 hours. There were four new volunteers in July, five more new volunteers in August, and one new volunteer in September. This is up from the same summer quarter in 2004 when 26 library volunteers worked a total of 151 hours. Along with the volunteers assisting in the library relocation were ten library staff members from three other libraries in the Coachella Valley. Friends of the Library The Board of Directors of the Friends of the La Quinta Library did not meet during the summer months. Their next scheduled meeting is Wednesday morning, October 19. J83 3 Estimated La Quinta Library Expenditures July 1 — September 30, 2005 Library Contract Expenditures LSSI Expenditures $ 85,317.00 Library Materials* Mitigation fee expenditures 3,228 Library materials budget 2,499 5,727.00 County Expenditures Personnel 989.16 Insurance 1,117.50 Memberships 45.54 Miscellaneous Expenses/Postage 44.70 County Accounting Costs 134.73 Travel and Conferences 20.27 County Support Services 2,606.09 Library Headquarters 4,159.53 Lease for La Quinta Library (July) 5,968.00 Additional Rent (August) 1,045.65 Building Repairs 100.00 Moving Expenses 11,914.00 TOTAL EXPENDITURES $119,189.17 *Most of the expenditures for the La Quinta opening day collection were made prior to June 30, 2005 and total $123,591. La Quinta Library Estimated Expend itures. doc 4 DEPARTMENT REPORT: 04 c w5 OF Its 9 TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager 6 DATE: November 1, 2005 RE: Continuing Action Regarding the Expenditure of Public Funds Pertaining to an Emergency Contract for the Construction of the SilverRock Resort Mountain Drainage Improvements On July 19, 2005, the Agency approved Resolution No. RDA 2005-010 delegating the City Manager authority to respond to the stated emergency without giving notice for bids to let contracts as defined in Part 3, Chapter 1, Article 4 of the Public Contract Code. In accordance with Chapter 2.5, Section 22050 (b)(3) and (c)(2) Emergency Contracting Procedures, of the Public Contract Code, the City Manager shall report to the Agency at its next meeting the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. Further, the Agency shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least every regularly scheduled meeting thereafter until the action is terminated, to determine that there is a need to continue the action. On September 20, 2005, the Agency approved a Finance Agreement with the City of La Quinta and the Agency and appropriated an additional $273,000 from General Fund Reserves to the SilverRock Resort Construction Account for the construction of SilverRock Resort Golf Course Grading and Drainage Improvements, Project No. 2002-07L. On September 23, 2005, contracts were delivered to Landscapes Unlimited for execution. Work on the course began on October 24, 2005 and will be completed in approximately 2 months. J00 DEPARTMENT REPORT: EWWW A CITY COUNCIUS • COMING EVENTS NOVEMBER 1 NOVEMBER 2 NOVEMBER 15 NOVEMBER 16 DECEMBER 6 DECEMBER 8 DECEMBER 1WH CITY COUNCIL MEETING VOLUNTEER POLICE/FIREFIGHTERS DINNER - 6:30 P.M. CITY COUNCIL MEETING LIBRARY GRAND OPENING - 3:00 P.M. CITY COUNCIL MEETING HOLIDAY OPEN HOUSE EMPLOYEE RECOGNITION DINNER DECEMBER 20 CITY COUNCIL MEETING 386 October 2005 La Quinta City Council Monthly Calendar Printed by Calendar Creator Plu$ on 10/25/2005 (1 November 2005 La Quints City Council Monthly Calendar illf!Ir 2 3 4 5 Oct 2:00 PM City Council Y 1 AM ALRC 0.00 Mayors Lunch 12:00 PM a Y 4: PM SJSR 9:00 AM 00 S M T W T F S Meeting 6:30 PM Volunteer Ntl. Mnmt-Henderson —1 Police/Firefighters 2 3 4 5 6 7 8 Dinne r 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 fli !r!! 30 31 6 7 8 9 10 11 12 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energy/ Abate. -Perkins Henderson Environs Sniff 7:00 PM Planning 5:30 PM Investment Commission Advisory Board Veteran's Day (City Hall ®Closed) ! Election Day �3 14 15 16 17 18 19 7:30 AM CVEP•Adolph 9:00 AM CVA-Henderson 3:00 PM Library Grand 3:00 PM Historic Preser• 10:00 AM Pub. Sfty- 2:00 PM City Council Opening vation Commission Perkins Meeting 12:00 PM Transp-Perkins 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM Sunline-Adolph Commission 4:00 PM DRRA Airp- Osborne Thanksgiving Day (City Thanksgiving Holiday Hall CLOSED) (City Hall CLOSED) 27 y!!!!! ! i I "I i T Budget- 1 :30 AM RC C 0 n Comm/ 1 PM Human Co 2.00 1 ,il.. ` December L.: Henderson Resources • Osborne I I. I: S M T W T F S 6:00 PM Exec Cmto. 1 2 3 Hii Adolph p ... n:,:..:..:..:..:..;...,..1 is i�`, a:,:,:;: 4 5 6 7 8 9 10 nu....: i� 11 12 13 14 15 16 17 , ::::.:... . ..: ii I: i I! i ! 18 9 0 21 2 23 2 30 2 27 28 9 25 6 24 3 i!i!ii!!i n iu, ,noun I L. II.. Printed by Calendar Creator Plus on 10/26/2005 S O December 2005 La Quints City Council Monthly Calendar i:. i.: 2 3 li€iCl MR i.. November 05 Ja nuar Y 06 S M T W T F S S M T W T F S I............ 1 2 3 4 5 2 3 4 5 6 7 6 7 8 9 10 11 12 1 11 9 0 i 2 13 14 13 14 i 19 1 17 8 15 6 1 18 1 18 5 19 20 21 20 2 1 2 26 2 5 22 3 24 22 23 2425 26 27 28 i.l 2 7 2 8 iilii �iiiiiiiii:::::s:::sr::e..,:::�:�...::.,..........:x::::•:;..:...:.:::....::.:�::�::�:z:z• 29 30 .:. :a 29 30 31 ;i i.jljj :: ��iii; r::i:is::::.:.. z!.I.:i i i.l.. . �.:. ii.:. iiiiiiiiii i.:. iiii.i... il.. :ri':.I B. iI��i. 'i Fru'; 4 5 6 7 8 9 10 2:00 PM City Council 10:00 AM ALRC Employees Recognition Meeting 4 Dinner 11:00 AM - 3:00 PM Holiday Open House 12:00 PM Energyl Environ.-Sniff June - Lea ue City Clerks Law Update - Monterey 12 13 14 15 16 17 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 3:00 PM Historic Preser- 10:00 AM Pub. Sfty- Abate. -Perkins Henderson vation Commission Perkins 7:00 PM Planning 5:30 PM Investment 12:00 PM Transp-Perkins Commission Advisory Board 6:00 PM League - Henderson 18 19 20 21 22 23 24 9:00 AM CVA-Henderson 9:00 AM LAFCO 2:00 PM City Council Henderson Meeting F1 Christmas Eve (City Hall CLOSED) 1st Day of Winter 25 26 27 28 29 30 31 7:00 PM Planning Commission 12:Human/Comm- e Osborne 12:00 PM Sunline•Adolph Christmas Day Christmas Holiday Observed (City Hall 4:00 PM DRRA Airp- Osborne New Years Eve (City Hall CLOSED) Closed) Printed by Calendar Creator Plus on 10/25/2005 January 2006 La Quinta City Council Monthly Calendar Sun .. ... .. 11., ,. ,. ,., 2 3 4 5 6 7 2:00 PM City Council Meeting 10:00 AM ALRC 12:00 PM Mayors Lunch 9:00 AM - 4:00 PM SJSR Ntl. Mnmt-Henderson New Years Day New Years Holiday Observed (City Hall Closed) 8 9 10 11 12 13 14 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 7:00 PM Planning 5:30 PM Investment 12:00 PM Transp-Perkins Commission Advisory Board 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 15 16 17 18 19 20 21 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council vation Commission Meeting Martin Luther King's Birthday (CITY HALL CLOSED) 22 23 24 25 26 27 28 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Human/Comm- 9:00 AM LAFCO- Henderson Commission Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne ..:.::. Min! ! !L. .• .......... ir!iq. � ' 'r'f I . !'!'i ..I : . liliifi!i!i!i;;i Nf fi€iii ..................:...................... 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I! . �.I...., . ...!: jim!., , Printed by Calendar Creator Plus on 10/25/2005 00 �-_ ° • 1Gl�lW YC 8M OF COUNCIL/RDA MEETING DATE: November 1, 2005 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions: 1) Certifying Approval of Environmental Assessment 2005-551; 2) Approving General Plan Amendment 2005-105; 3) Approving Specific Plan 2001-055, Amendment No. 2; and 4) Introducing Ordinances For Development Agreement 2003-006, Amendment No. 2, and Zone Change 2005-125 to Change The 2 + Acre Residential Site at the Future Southwest Corner of Seeley Drive and Miles Avenue From Medium Density Residential to Tourist Commercial for 32 Casitas Units, and Changing the 4.8 + Acre Tourist Commercial Zoned Boutique Hotel Site at the Southeast Corner of the Project Area to Office Commercial to Allow Expansion of the Approved Medical Office Complex Site. Applicant: CP Development La Quinta, LLC. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2005-551; Adopt a Resolution of the City Council approving General Plan Amendment 2005- 105; Move to take up Ordinance No. _ by title and number only and waive further reading for Zone Change 2005-125. Move to introduce Ordinance No. — on first reading; Adopt a Resolution of the City Council approving Specific Plan 2001-055, Amendment #2, subject to the Findings and Conditions of Approval; and Move to take up Ordinance No. — by title and reading for Development Agreement 2003-006, introduce Ordinance No. _ on first reading. number only and waive further Amendment #2. Move to '91 S:\CityMgr\STAFF REPORTS ONLY\PH 1 Center Point.doc FISCAL IMPLICATIONS: None. CNARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: General The 50-acre Centre Pointe project at the southeast corner of Miles Avenue and Washington Street (Attachment 1) was originally approved by the City Council on February 5, 2002, and amended on June 3, 2003 as part of Specific Plan 2001- 055. The 2003 action included a General Plan Amendment and Zone Change for inclusion of the medical office facility. This project as currently approved includes a 133 room hotel and 132 casitas units, as well as 90 residential units, two restaurants, a neighborhood park, a maximum 120,000 + square foot medical office/surgical facility and a boutique hotel containing 26 sanctuary villas. The property currently includes Tourist Commercial, Office, Park, and Medium Density Residential General Plan designations and zoning. A Parcel Map (PM 31 116) has been approved and recorded that divides the property into parcels that coincide with the various uses. The parcels will be modified to coincide with the changes proposed herein. Environmental Review The La Quinta Community Development Department has prepared Environmental Assessment 2005-551 (Addendum #2) for this request in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Director has determined that the project, with its revisions, will not have a significant adverse impact on the environment and therefore, is recommending an addendum to the previous Mitigated Negative Declaration of environmental impact be certified with mitigation measures. Attachment 2 contains original Initial Study and first Addendum. Zoning CT (Tourist Commercial) (existing) RM (Medium Density Residential) P (Park) CO (Office Commercial) V ti S:\CityMgr\STAFF REPORTS ONLY\PH 1 Center Point.doc General plan Designations TC (Tourist Commercial) (existing) MR (Medium Density Residential) P (Parks and Recreation) 0 (Office Commercial) Surrounding Zoning and Land Uses North: RL / single-family residential across Miles Avenue South: FP / Coachella Valley Storm Channel East: LDR / existing single family residences West: vacant land in the City of Indian Wells across Washington Street Project Description General Plan Amendment The applicant's request includes amending the General Plan and Zoning designations and use of two parcels in the Centre Pointe project. The first Amendment is for the southwest corner of Miles Avenue and the new Seeley Drive (Attachment 2). This 2.1 + acre parcel was approved for 13 one- and two-story cluster courtyard villas. The request is to change the designation to Tourist Commercial to allow 32 additional casitas units. These units would become part of the casitas' immediately to the west. They will be sold and will become part of the rental pool of the Hilton Homewood Suites, located further to the west near Washington Street. Plans for these additional units will be reviewed in the future as part of a Site Development Permit entitlement. The second change is proposed for the sanctuary villas (boutique hotel) parcel at the southeast corner of the property (Attachment 2). This development was approved to consist of approximately 26 one-story villas, each containing 1,200 square feet or more (with two bedrooms). In conjunction with these villas, a two- story wellness center to be located in the middle of the project was also approved. The villas would have been privately owned and rented to transient guests when not being used by the owners. The Amendment request proposes to change the General Plan designation from Tourist Commercial to Office Commercial, eliminating the sanctuary villas and wellness center. The site would then be combined with the Office Commercial site to the west and developed in three phases as part of a medical/surgical center containing a total area of approximately 195,000 square feet of floor space. Plans for this center will be reviewed in the future as part of a Site Development Permit entitlement. 393 Zone Change In order to ensure land use consistency with the proposed General Plan Amendment, a zone change for the two above -noted parcels is also proposed. The parcel at Miles Avenue and Seeley Drive is proposed to become Tourist Commercial (TC) with the parcel at the southeast corner proposed to be Office (0). Specific Plan Amendment The original Specific Plan was approved in 2002, and allows this 50-acre project site to accommodate development of the property with a mixture of resort style hotels, timeshares, condominium -hotels, restaurants, related retail uses, a park, single-family residences and townhouses. An Amendment to the original Specific Plan, as well as a General Plan Amendment and Zone Change were approved in June, 2003 to reconfigure the Tourist Commercial, Park and Medium Density Residential and add the Office use to allow a 120,000 square foot medical complex. The current request includes amending the Specific Plan for the land uses as described above for the General Plan Amendment and Zone Change (Attachment 3). The land use changes would increase the casitas' number from 132 to 164 (an additional 32) and the size of the medical complex from 120,000 to 195,000 square feet. Additional changes to the Specific Plan are primarily related to the proposed change in land uses, including the following: 1. Tourist Commercial Development Standards — Page 6 Standard Approved Proposed Minimum -maximum building site (acres) 19-50 acres 16-50 acres Boutique hotel building height maximum 33 feet deleted 2. One- and Two -Story Single Cluster Courtyard Villas — Page 9 Standard Approved Proposed Maximum building heights adjacent to existing None 20 feet residential Maximum stories adjacent to existing None One story residential Setback from Tourist Commercial zone Ten feet Deleted — not applicable 394 3. Land Use area IV Office Development Standards - Page 10 Standard Approved Proposed First 250 feet from the east This is the boutique hotel 33 feet for property line is limited to area; hotel was limited to medical structure heights of 33 feet 33 feet high complex Maximum building height within 40 feet 45 feet the remainder of the Office area Setback from Tourist Commercial Ten feet Deleted - not zone applicable 4. Phasing - Page 20 and 21 The phasing map for the entire project has been revised to reflect current phasing proposed. 5. The following exhibits in the Specific Plan document have been revised to reflect the proposed amendments and/or current improvement plans approved to date - Page 27 to end Exhibit A - Aerial map with land uses shown Exhibit B - Site Plan concept Exhibit B-1 - Development parceling map Exhibit B-2 - iucal and surgical center concept plan Exhibit B-3 - Restawants, Resort and Resort casitas concept site plan. This is a new exhd)it and replaces the previous one that showed the boutique hotel on its site. Exhibit D - Landscape plan (along Seeley Drive) Exhibit F - Street cross sections Exhibit G - Sewer service plan Exhibit H - Water service plan Three site cross sections through the site showing potential building envelopes of the medical complex have been prepared based on the conceptual site plan in the Specific Plan (Attachment 4). The Planning Commission added a Specific Plan requirement that the view /building height line -of -sight shown in the east -west site cross section shall be maintained during Site Development Permit application review and approval. Development Agreement The existing Development Agreement is being amended to reflect the proposed J�J changes to the project (Attachment 5). The amended Agreement has been prepared by the City Attorney's office and requires approval by the City Council after recommendation by the Planning Commission. Public Notice This request was advertised in the Desert Sun newspaper on October 21, 2005, and mailed to all property owners within 500 feet around the project boundaries. To date, no correspondence has been received. Any comments received will be handed out at the meeting. In addition to the standard City public notice, prior to the Planning Commission hearing the developer held two neighborhood meetings to provide information and answer questions on the changes proposed. According to the developer approximately 25 people attended the two meetings. Public Agency Review The request was sent out to applicable City departments and outside agencies for comments, with any pertinent comments received incorporated into the Conditions of Approval. Planning Commission Action The Planning Commission reviewed this request at the meeting of October1 1, 2005 (Attachment 6). One nearby homeowner spoke regarding increased traffic and roadway noise generated by the Centre Pointe project. The Planning Commission adopted Resolutions 2005-045 through -049, recommending approval of the request, subject to Conditions of Approval for the amended Specific Plan. The Planning Commission did add Condition 12 that requires the building envelope of the medical office complex adjacent to the existing adjacent residences be designed to conform with the line -of -sight exhibit presented to the Planning Commission. Findings The Findings as required by the Zoning Code can be made to approve these applications as noted in the attached Resolutions and Ordinances. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: �96 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2005- 551; Adopt a Resolution of the City Council approving General Plan Amendment 2005-105; Move to take up Ordinance No. _ by title and number only and waive further reading for Zone Change 2005-125. Move to introduce Ordinance No. on first reading; Adopt a Resolution of the City Council approving Specific Plan 2001-055, Amendment #2, subject to the Findings and Conditions of Approval; Move to take up Ordinance No. _ by title and number only and waive further reading for Development Agreement 2003-006, Amendment #2. Move to introduce Ordinance No. on first reading. 2. Do not adopt the Resolutions and do not Move to take up Ordinances by title and number only; or 3. Provide staff with alternative direction. Respectfully submitted, 0� Douglas VEvans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Original Initial Study and first Addendum 3. Amended Specific Plan 4. Cross-section views 5. Amended Development Agreement 6. Minutes for the Planning Commission meeting of October 11, 2005 j9 RESOLUTION 2005- A RESOLUTION OF THE OF THE CITY COUNCIL OF LA QUINTA, CALIFORNIA, CERTIFYING AN ADDENDUM TO A PREVIOUSLY CERTIFIED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO A MIXED USE PROJECT CASE: ENVIRONMENTAL ASSESSMENT 2005-551 APPLICANT: CP DEVELOPMENT LA QUINTA, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 1st day of November, 2005 hold a duly noticed Public Hearing to consider a request by CP Development La Quinta LLC, on the Addendum, as well as General Plan Amendment 2005-105, Zone Change 2005-125, Specific Plan 2001-055, Amendment #2, and Development Agreement 2003-006, Amendment #2, for property located at the southeast corner of Washington Street and miles Avenue, more particularly described as: PORTIONS OF APN: 604-040-012, -013, -023, -037 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 1 'It' day of October, 2005 hold a duly noticed Public Hearing to consider a request by CP Development La Quinta LLC, on the Addendum, and adopted Resolution 2005-045, recommending certification of said Addendum; and WHEREAS, said Addendum complies with the requirements of the California Environmental Quality Act and the "Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council); and WHEREAS, upon hearing and considering the Addendum, and all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find that neither the proposed changes to the project, nor any changed circumstances, nor new information will result in the identification of new significant impacts, or the substantial increase in the severity of significant impacts identified in the certified Mitigated Negative Declaration of Environmental Impact. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said City Council in this case; and, 198 P:\Reports - CC\2005\11-1-05\Centre pointe\sp 01-055 am #i2 ea cc res.doc Resolution 2005- Environmental Assessment 2005-551 CP Development La Quinta, LLC Adopted: November 1, 2005 Page 2 2. That it does hereby certify the Addendum to the previously certified Mitigated Negative Declaration of environmental impact for General Plan Amendment 2005-105, Zone Change 2005-125, Specific Plan 2001-055, Amendment #2, and Development Agreement 2003-006, Amendment #2. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 1 st day of November, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 1-99 P:\Reports - CC\2005\11-1-05\Centre pointe\sp 01-055 am #2 ea cc res.doc Resolution 2005- Environmental Assessment 2005-551 Adopted: November 1, 2005 ADDENDUM TO ENVIRONMENTAL ASSESSMENT 2001-436 FOR SPECIFIC PLAN 2001-055, AMENDMENT #2 (ENVIRONMENTAL ASSESSMENT 2005-551) (CEQA GUIDELINE 15164) SPECIFIC PLAN 2001-055, AMENDMENT #2 GENERAL PLAN AMENDMENT 2005-105 ZONE CHANGE 2005-125 DEVELOPMENT AGREEMENT 2003-006, AMENDMENT #2 400 The City of La Quinta, as lead agency under the California Environmental Quality Act, Public Resources Code section 21000, et seq. ("CEQA") has prepared this Addendum pursuant to CEQA Guideline 15164. This is an Addendum to the Environmental Assessment 2001-436 that the City Council certified on February 5, 2002 for Specific Plan No. 2001-055, in Resolution No. 2002-07. The purpose of this Addendum is to document certain changes to the project which will be implemented through the following land use approvals: SPECIFIC PLAN 2001-055, AMENDMENT #2 GENERAL PLAN AMENDMENT 2005-105 ZONE CHANGE 2005-125 DEVELOPMENT AGREEMENT 2003-006, AMENDMENT #2 These are collectively referred to as "the Revised Project." The Specific Plan project area is located at the southeastern corner of Washington Street and Miles Avenue. The project site is bordered by the Coachella Valley Storm Water Channel on the south, and existing single family development on the east. Lands across Washington Street to the west are vacant. Lands across Miles Avenue to the north are an existing single family development. The Revised project consists of a Specific Plan Amendment, General Plan Amendment Change of Zone and Development Agreement Amendment to modify the land use map and distribution of uses within the Specific Plan area. The proposed amendments would change the designation on lands at the southwest corner of Seeley and Miles from Low Density Residential to Tourist Commercial; and lands in the southeastern corner of the project site from Tourist Commercial to Office. The Table below illustrates the changes proposed: TABLE 1 LAND USE APPROVED ACREAGE ± PROPOSED ACREAGE ± Tourist Commercial 19.51 16.2 Medium Density Residential 11.32 9.45 Office 9.73 13.5 Park 2.68 2.7 Well site .52 .52 * The streets and landscape areas were included in the overall acreage of the uses. 401 The City has compared the impacts of the Revised Project with those impacts analyzed in the Environmental Assessment 2001-436, and Addendum to EA 2001-436, adopted in 2003, and finds as follows: Aesthetics - Impacts no greater than those previously analyzed. On the north side of the site, the expansion of the Tourist commercial area into an area previously proposed for single family residential will result in similar impacts, insofar as smaller casitas or cottage buildings are proposed, which will be of similar scope and scale as typical one and two story residential structures, as has developed to the east and north of the project. On the south side of the site, the expansion of the Office designation into the boutique hotel site will result in buildings of similar mass and size as those approved on the boutique hotel site (Tourist Commercial designation). Agriculture Resources- Not applicable Air Quality -Impacts - Impacts no greater than previously analyzed. The primary source of air quality impacts from the site will be the automobile. Tourist Commercial trip generation is lower than single family home trip generation, so impacts in the northern part of the site will be reduced. Vehicle trips in the Office land use category, on the south side of the site, are somewhat higher than those in Tourist Commercial, but any increase would be offset by the reduction in trips on the north side of the site. Biological Resources - Impacts no greater than those previously analyzed. Development of the site under the Revised Project will result in the same amount of ground disturbance as originally contemplated in the Environmental Assessment. Cultural Resources - Impacts no greater than those previously analyzed. Development of the site under the Revised Project will result in the same amount of ground disturbance as originally contemplated in the Environmental Assessment. Geology and Soils - Impacts no greater than those previously analyzed. The type and mass of proposed structures on the site will not be significantly affected by the proposed land use map amendments, and similar site preparation will be required. Hazards and Hazardous Materials - Impacts no greater than those previously analyzed. The development of office and tourist commercial projects is not expected to generate any more use of hazardous materials than would the approved project. Any small quantity generators would, as with the approved project, require proper permitting and supervision from regional, state and federal agencies, as required by law. Hydrology and Water Quality - Impacts no greater than those previously analyzed. The project site is master planned to provide a centralized and coordinated storm water system. The components of the project may change slightly, but the overall requirements to retain the 100 year storm on site, and to protect groundwater resources, will still be implemented by the Public Works Department. 4,J� Land Use Planning - Impacts no greater than those previously analyzed. The changes proposed in the land use designations will not change the character or nature of the project. The project land uses are consistent with the General Plan land use categories, and associated goals and policies. Mineral Resources- Not applicable Noise - Impacts less than those previously analyzed. The change in the northern portion of the site will remove single family homes from a location immediately adjacent to a major arterial, which is a high noise generator. The development of offices on the south side of the site will provide an equivalent noise buffer to that previously contemplated for the medium density residential units in the center of the site. Population and Housing - Impacts no greater than those previously analyzed. The changes proposed in the land use plan will not significantly change the number of residents and employees at the project site. The site is vacant, and the Revised Project will not displace any persons or community. Public Services - Impacts no greater than those previously analyzed. The change in land use designations will not change the level of service required at the site for police and fire services. The site will still generate property and transient occupancy taxes, which will offset the needed services. Recreation - Impacts no greater than those previously analyzed. The proposed project's park areas are not being modified by the proposed land use changes. The parks to be provided within the project will still be available for residents and visitors. Transportation/Traffic- Impacts no greater than those previously analyzed. The previously approved project generated 6,597 daily trips. The Revised Project changes land uses from Tourist Commercial to Office in the southeastern corner of the site, and from Low Density Residential to Tourist Commercial in the northeastern portion of the site. Traffic patterns will be modified internally by the proposed amendment, but should not result in any change in regional traffic flow. The expansion of the medical office/clinic component of the project is not expected to significantly increase trips, because of the internal association and joint trips they are expected to generate. The residential land use designation would have generated a higher per unit trip rate than will the expansion of the Tourist Commercial facilities. Impacts are therefore expected to be equal to or less than those previously analyzed. it is anticipated that 12,000 square feet of the medical complex will be connecting atriums between buildings and will not contain areas that would generate traffic. Utilities and Service Systems - Impacts no greater than those previously analyzed. The Revised Project will generate similar requirements for utilities, and is not expected to require the construction of additional water, waste water or drainage facilities beyond those planned for the project as previously approved. Waste generation from the V 3 Revised project is expected to be similar in bulk and quantity as the previously approved project. The City finds that consideration of the Revised Project does not call for the preparation of a subsequent environmental review pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that the Revised Project does not involve: 1. Substantial changes to the project analyzed in the Environmental Assessment 2001-436 which would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; 2. Substantial changes with respect to the circumstances under which the project is being undertaken which would involve new significant effects on the environment not analyzed in the Environmental Assessment 2001-436 or substantially increase the severity of previously identified impacts; or 3. New information of substantial importance which would involve new significant effects on the environment not analyzed in the Environmental Assessment 2001-436. 4 6, 4 RESOLUTION 2005- A RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL TO TOURIST COMMERCIAL AND TOURIST COMMERCIAL TO OFFICE FOR CERTAIN PROPERTIES LOCATED SOUTHEAST OF THE INTERSECTION OF WASHINGTON STREET AND MILES AVENUE IN THE CENTRE POINTE PROJECT CASE NO.: GENERAL PLAN AMENDMENT 2005-105 CP DEVELOPMENT LA QUINTA, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 1 IT day of November, 2005, hold a duly noticed Public Hearing to consider the request of CP Development La Quinta, LLC for approval of a General Plan Land Use Amendment from Medium Density Residential to Tourist Commercial and Tourist Commercial to Office for certain properties located southeast of the intersection of Washington Street and Miles Avenue in the Centre Pointe project to allow construction of 32 additional casitas units and additional medical office space, on property more particularly described as: PORTION OF APN'S 604-040-023 and 604-040-037 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11 to day of October, 2005, hold a duly noticed Public Hearing to consider the request of CP Development La Quinta, LLC for approval of a General Plan Land Use Amendment and adopted Resolution 2005-046, recommending approval of said application; and, WHEREAS, said General Plan Amendment application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the La Quinta Community Development Department has completed Environmental Assessment (EA) 2005-551, an Addendum to EA 2001-436. The Addendum to the previously certified Mitigated Negative Declaration of environmental impact has been certified by the City Council; and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on October 21, 2005 for the City Council meeting as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and �UrJ P:\Reports - CC\2005\11-1-05\Centre pointe\gpa 2005-105 cc res.doc Resolution 2005- General Plan Amendment 2005-105 CP Development La Quinta, LLC Adopted: November 1, 2005 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval to justify approval of said General Plan Amendment: 1 . The proposed General Plan Amendment is internally consistent with the goals, objectives, and policies of the General Plan in that the General Plan Amendment results in promoting commercial development in a controlled and logical manner. 2. Approval of the General Plan Amendment will not create conditions materially detrimental to the public health, safety, and general welfare in that the resulting General Plan designations will result in a project that is required to provide adequate setbacks, be well designed and landscaped, and comply with all applicable City, County, State and Federal requirements. 3. The General Plan Amendment is compatible with adjacent properties in that the resulting projects will be required to minimize the impacts to the surrounding single-family residences. 4. The General Plan Amendment is suitable and appropriate for the property in that it will allow expansion of an approved complex for medical and tourist commercial uses. 5. Approval of the General Plan Amendment is warranted because the uses are an expansion of uses approved on adjacent properties within Centre Pointe. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does approve General Plan Amendment 2005-105 for the reasons set forth in this Resolution and as shown in the attached exhibit "A"; 4 U` 6 P:\Reports - CC\2005\11-1-05\Centre pointe\gpa 2005-105 cc res.doc Resolution 2005- General Plan Amendment 2005-105 CP Development La Quinta, LLC Adopted: November 1, 2005 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 1't day of November, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 4 U' 7 P:\Reports - CC\2005\11-1-05\Centre pointe\gpa 2005-105 cc res.doc F ON 2005- PLAN AMENDMENT 2005-105 NOVEMBER 1, 2' V oy � THE CENTRE POINTE PROJECT' y5� 0 ti. N � 1 . t1 1 1 �1 1. 1 9.4 2 EXOSTONG OP DESIGHATION 'PROPOSED GP DESIGNATION' ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY REZONING CERTAIN PROPERTIES FROM MEDIUM DENSITY RESIDENTIAL TO TOURIST COMMERCIAL AND FROM TOURIST COMMERCIAL TO OFFICE COMMERCIAL LOCATED SOUTHEAST OF THE INTERSECTION OF WASHINGTON STREET AND MILES AVENUE WITHIN THE CENTRE POINTE PROJECT CASE NO. ZONE CHANGE 2005-125 CP DEVELOPMENT LA QUINTA, LLC The City Council of the City of La Quinta does ordain as follows: SECTION 1. The La Quinta Official Zoning Map is hereby amended by rezoning properties located southeast of the intersection of Washington Street and Miles Avenue in the Centre Pointe project. The properties for such rezoning are shown and depicted on the map attached hereto, and made a part of this Ordinance. SECTION 2. ENVIRONMENTAL. The Zone Change has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the La Quinta Community Development Department has completed Environmental Assessment (EA) 2005-551, an Addendum to EA 2001-436. The Addendum to the previously certified Mitigated Negative Declaration of environmental impact has been certified by the City Council. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least 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 into the Book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this day of , 2005, by the following vote: pAstan\centre pointe\zc 2005-125 cc ord.doc 4 `"� Ordinance _ Zone Change 2005-125 CP Development La Quinta, LLC Adopted: 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 410 p:\stan\centre pointe\zc 2005-125 cc ord.doc F 2005-ANGE 2005-125 EXHIBIT "All RESOLUTIOND: NOVEMBER 1. 2005 �a7 Oa`�IS � 1 THE CENTRE POINTE PROJECT aoy. ��loc . � y 0 . ��♦ ♦ m ? \♦ to y m Ito.A� ` a C) \ �. m ,ow ® VA \ € s \ N 1 1 1 \ \ N wO� �� ding �i ♦ ♦ ♦ ♦` Z • OG 2 r��o�4oaa� �®aoa® 'PROPOSED ZONING' 411 RESOLUTION 2005-048 A RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SPECIFIC PLAN AMENDMENT CHANGING LAND USES FROM MEDIUM DENSITY RESIDENTIAL TO TOURIST COMMERCIAL AND TOURIST COMMERCIAL TO OFFICE COMMERCIAL FOR CERTAIN PROPERTIES LOCATED SOUTHEAST OF THE INTERSECTION OF WASHINGTON STREET AND MILES AVENUE WITHIN THE CENTRE POINTE PROJECT CASE NO.: SPECIFIC PLAN 2001-055, AMENDMENT #2 CP DEVELOPMENT LA QUINTA, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 1st day of November, 2005, hold a duly noticed Public Hearing to consider a request by CP Development La Quinta, LLC for approval of a Specific Plan Amendment amending land uses from Medium Density Residential to Tourist Commercial (2.1 ± acres) and Tourist Commercial to Office Commercial(5 ± acres) for certain properties located southeast of the intersection of Washington Street and Miles Avenue in the Centre Pointe project to allow construction of 32 additional casitas units and additional medical office space, on property more particularly described as: PORTION OF APN'S 604-040-023 and 604-040-037 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 11 to day of October, 2005, hold a duly noticed Public Hearing to consider a request by CP Development La Quinta, LLC for approval of a Specific Plan Amendment amending land uses from Medium Density Residential to Tourist Commercial (2.1 ± acres) and Tourist Commercial to Office Commercial (5 ± acres) and adopted Resolution 2005-048, recommending approval of said application; and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on October 21, 2005, for the City Council meeting as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, said General Plan Amendment application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the La Quinta Community Development Department has completed Environmental Assessment (EA) 2005-551, an Addendum to EA 2001-436. The Addendum to the previously It14. P:\Reports - CC\2005\11-1-05\Centre pointe\sp 2001-055 amend #2 cc res.doc Resolution 2005- Specific Plan 2003-055, Amendment #2 CP Development La Quinta, LLC Adopted: November 1, 2005 certified Mitigated Negative Declaration of environmental impact has been certified by the City Council; 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 Specific Plan Amendment: 1. The proposed Specific Plan Amendment is internally consistent with the goals, objectives, and policies of the existing Specific Plan and General Plan in that it will result in promoting commercial development in a controlled and logical manner that is compatible with the neighborhood. 2. Approval of the Specific Plan Amendment will not create conditions materially detrimental to the public health, safety, and general welfare in that the resulting project will provide adequate setbacks, be well designed, landscaped, and will comply with all applicable City, County, State and Federal requirements. 3. The Specific Plan Amendment is suitable and appropriate for the property in that it will allow expansion of a conceptually approved complex for medical and tourist commercial uses. 4. Approval of the Specific Plan Amendment is warranted because the uses are an expansion of uses approved on adjacent properties within Centre Pointe. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said City Council in this case; and 2. That it does approve Specific Plan 2001-055, Amendment #2 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. 413 P:\Reports - CC\2005\11-1-05\Centre pointe\sp 2001-055 amend #2 cc res.doc Resolution 2005- Specific Plan 2003-055, Amendment #2 CP Development La Quinta, LLC Adopted: November 1, 2005 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 1't day of November, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California ATTEST: JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 414 P:\Reports - CC\2005\1 1-1-05\Centre pointe\sp 2001-055 amend #2 cc res.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2001-055, AMENDMENT #2 CP DEVELOPMENT LA QUINTA, LLC ADOPTED: NOVEMBER 1, 2005 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. 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. Within 30 days of final approval of this Specific Plan by the City Council, two draft revised copies of this Specific Plan incorporating the following Conditions of Approval in the appropriate sections shall be submitted to the Community Development Department for approval. Upon approval of the draft Specific Plan by the Community Development Department, five copies of the final Specific plan shall be submitted to the Community Development Department. 3. Change on Page 5. Amend the first paragraph of Zoning and Development Standards for "Land Use Areas 1 through 4" to "Land Use Areas I through IV" for consistency. 4. Change on Page 6. Add the following to Setbacks: Standard require ent Minimum perimeter building/landscape set back (in ft.) from Seeley Street 20 ft. 5. Change on Page 7. For A. Purpose: and MEDIUM DENSITY RESIDENTIAL (RM) DEVELOPMENT STANDARDS, change number of allowed residential units from 90 to 60 (per amended Development Agreement). 6. Change on Page 9. For MEDIUM DESITY RESIDENTIAL (RM) DEVELOPMENT STANDARDS, revise the last paragraph to read "Streets shall be 32' measured gutter flow line to gutter flow line with no parking on one side of the street." 7. Change on Page 16. Section 3 Development Plan. The following shall be added to the first paragraph under Circulation at the end: P:\Reports - CC\2005\11-1-05\Centre pointe\sp 2001-055 amend #2 cc coa.doc City Council Resolution 2005- Conditions of Approval - Recommended Specific Plan 2001-055, Amendment #2 CP Development La Quinta, LLC Adopted: November 1, 2005 The traffic impact analysis shall be revised with future Site Development Permit applications to reflect the changes in Land Use Areas as proposed by this Specific Plan Amendment No. 2. 8. Change on Page 21. Under Phasing, the construction of Seeley Drive shall be shown as a part of Phase I. 7. Change on Exhibit B1 . The Land Use Area IV to reflect any reconfiguration of Lots 8 through 12. 8. Change on Exhibit B-2, Concept Plan — Medical and Surgical Center. An additional access driveway to the proposed facility to enhance access to the surgical center in the back portion of the development shall be provided. Future Site Development Permit application for the Medical and Surgical Center will require additional circulation information and possible relocation of entrance driveways and driveway aisles for a better internal circulation pattern. 9. Change Exhibit B3 to reflect the building/landscape setback required on Seeley Drive of 20 feet. Additionally, adjustment of the parking lot configuration will be required in future Site Development Permit entitlement to provide for safe sight distance at the driveway at the Seeley Drive and Miles Avenue corner. Additionally, the Site Development Permit entitlement for the Casitas may require reconfiguration of the added Casitas complex to require off-street internal vehicular circulation to the hotel area. 10. Change Exhibit F to reflect Private Residential Drive at 32' measured gutter flow line to gutter flow line with no parking on one side of the street. 11. The new casitas' and medical complex require approval of a Site Development Permit application. 12. The building envelope of the medical office complex adjacent to the existing adjacent residences shall be designed to conform with the line -of -sight exhibit, dated October 11, 2005, presented to the Planning Commission, and on file in the Community Development Department. 16 P:\Reports - CC\2005\11-1-05\Centre pointe\sp 2001-055 amend #2 cc coa.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED SPECIFIC PLAN 2001-055, AMENDMENT #2 CP DEVELOPMENT LA QUINTA, LLC ADOPTED: NOVEMBER 1, 2005 GENERAL 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 Site Development Permit. 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. Within 30 days of final approval of this Specific Plan by the City Council, two draft revised copies of this Specific Plan incorporating the following Conditions of Approval in the appropriate sections shall be submitted to the Community Development Department for approval. Upon approval of the draft Specific Plan by the Community Development Department, five copies of the final Specific plan shall be submitted to the Community Development Department. 3. Change on Page 5. Amend the first paragraph of Zoning and Development Standards for "Land Use Areas 1 through 4" to "Land Use Areas I through IV" for consistency. 4. Change on Page 6. Add the following to Setbacks: Standard requirement Minimum perimeter building/landscape setback (in ft.) from Seeley Street 20 ft. 5. Change on Page 7. For A. Purpose: and MEDIUM DENSITY RESIDENTIAL (RM) DEVELOPMENT STANDARDS, change number of allowed residential units from 90 to 60 (per amended Development Agreement). 6. Change on Page 9. For MEDIUM DESITY RESIDENTIAL (RM) DEVELOPMENT STANDARDS, revise the last paragraph to read "Streets shall be 32' measured gutter flow line to gutter flow line with no parking on one side of the street." 7. Change on Page 16. Section 3 Development Plan. The following shall be added to the first paragraph under Circulation at the end: 41'7 P:\Reports - CC\2005\ 11- 1 -05\Centre pointe\sp 2001-055 amend #2 cc coa.doc City Council Resolution 2005- Conditions of Approval - Recommended Specific Plan 2001-055, Amendment #2 CP Development La Quinta, LLC Adopted: November 1, 2005 The traffic impact analysis shall be revised with future Site Development Permit applications to reflect the changes in Land Use Areas as proposed by this Specific Plan Amendment No. 2. 8. Change on Page 21. Under Phasing, the construction of Seeley Drive shall be shown as a part of Phase I. 7. Change on Exhibit B1 . The Land Use Area IV to reflect any reconfiguration of Lots 8 through 12. 8. Change on Exhibit B-2, Concept Plan - Medical and Surgical Center. An additional access driveway to the proposed facility to enhance access to the surgical center in the back portion of the development shall be provided. Future Site Development Permit application for the Medical and Surgical Center will require additional circulation information and possible relocation of entrance driveways and driveway aisles for a better internal circulation pattern. 9. Change Exhibit B3 to reflect the building/landscape setback required on Seeley Drive of 20 feet. Additionally, adjustment of the parking lot configuration will be required in future Site Development Permit entitlement to provide for safe sight distance at the driveway at the Seeley Drive and Miles Avenue corner. Additionally, the Site Development Permit entitlement for the Casitas may require reconfiguration of the added Casitas complex to require off-street internal vehicular circulation to the hotel area. 10. Change Exhibit F to reflect Private Residential Drive at 32' measured gutter flow line to gutter flow line with no parking on one side of the street. 11. The new casitas' and medical complex require approval of a Site Development Permit application. 12. The building envelope of the medical office complex adjacent to the existing adjacent residences shall be designed to conform with the line -of -sight exhibit, dated October 11, 2005, presented to the Planning Commission, and on file in the Community Development Department. 418 P:\Reports - CC\2005\11-1-05\Centre pointe\sp 2001-055 amend #2 cc coa.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC DEVELOPMENT AGREEMENT 2003-006, AMENDMENT NO. 2 WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law ) authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and WHEREAS, on or about December 18, 2003, the City Council of the City of La Quinta ("City" or "City Council," as applicable) entered into Development Agreement No. 2003-006 with CP Development La Quinta, LLC (the "Developer") pursuant to California Government Code Section 65864 et seq. and Section 9.25.030 of the City's Municipal Code (the "Original Development Agreement"); and WHEREAS, on or about October 28, 2004, the City Council of the City of La Quinta ("City" or "City Council," as applicable) entered into that certain Amendment No. 1 to Development Agreement with Developer to revise the transfer provisions set forth therein ("Amendment No. 1 "); and WHEREAS, the Original Development Agreement, as modified by Amendment No. 1, is hereinafter referred to as the "Development Agreement"); and WHEREAS, City staff and the Developer have negotiated an amendment to the Development Agreement ("Amendment No. 2") to modify the description of Developer's intended project; and WHEREAS, concurrently with the Developer's negotiations with the City regarding Amendment No. 2, Developer is processing through the City an amendment to Specific Plan 2001-055 (the "Specific Plan Amendment") and an amendment to a Disposition and Development Agreement entered into between the Developer and the La Quinta Redevelopment Agency (the "Agency") concurrently with the City's and Developer's entry into the Original Development Agreement (the "DDA Amendment") to permit the requested revisions to the Developer's intended project; and WHEREAS, the Planning Commission of the City did on the 11 t' day of October, 2005, hold a duly noticed Public Hearing to consider Amendment No. 2 and 419 Ordinance No. Development Agreement 2003-006, Amendment #2 CP Development La Quinta, LLC and City of La Quinta Adopted: November 1, 2005 the recommendation of the Planning Commission for approval has been received by the City Council; and WHEREAS, the City Council of the City of La Quinta, California ("City Council"), did on the 1 t day of November, 2005, hold a duly noticed public hearing to consider Amendment No. 2; and WHEREAS, at said City Council Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approving Amendment No. 2: 1 . The proposed Amendment No. 2 is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan and Specific Plan 2001-055, as modified by the Specific Plan Amendment. 2. The property is within the Tourist Commercial, Medium Density Residential, Office Commercial and Park Districts of the General Plan which permits the proposed use and the proposed use is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2). 3. The land uses authorized and regulations prescribed for Amendment No. 2 will be compatible with the zoning and its related regulations upon approval of the Specific Plan Amendment. The site is zoned Tourist Commercial, Medium Density Residential Commercial and Park which permits the proposed uses provided the Specific Plan Amendment is approved and certain other conditions are met. 4. The proposed Amendment No. 2 conforms with public convenience and the general welfare by providing for extensive public improvements and conforms to good land use practice. by requiring the development of a commercial development. 5. Approval of Amendment No. 2 will not be detrimental to the health, safety, and general welfare since adequate provision has been made in previous City approvals to provide for necessary and desirable improvements and since these approvals are incorporated herein. 6. Approval of Amendment No. 2 will not adversely affect the orderly development of the subject or surrounding property nor the preservation of area -wide property values, but rather will enhance them by encouraging planned, phased growth. 420 Ordinance No. Development Agreement 2003-006, Amendment #2 CP Development La Quinta, LLC and City of La Quinta Adopted: November 1, 2005 7. Consideration of Amendment No. 2 has been accomplished pursuant to California Government Code Section 65864 et seq. and the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. WHEREAS, all actions required to be taken by the City precedent to the adoption of this Ordinance have been regularly and duly taken. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. APPROVAL. The City Council hereby approves and adopts Amendment No. 2 in the form presented to the City Council concurrent with the approval and adoption of this Ordinance, subject to the Agency's adoption of a resolution approving the DDA Amendment and the City Council's adoption of a resolution approving the Specific Plan Amendment, and the City Council hereby authorizes and directs the Mayor to sign Amendment No. 2 on behalf of the City, and the City Clerk to record Amendment No. 2 in the Official Records of Riverside County in accordance with applicable law. SECTION 2 ENVIRONMENTAL. Amendment No. 2 has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the La Quinta Community Development Department has completed Environmental Assessment (EA) 2005-551, an Addendum to the previously certified EA 2001-436. This Addendum to the previously certified Mitigated Negative Declaration of environmental impact has been certified by the City Council. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this 1 s` day of November, 2005, by the following vote: AYES: NOES: 411 Ordinance No. Development Agreement 2003-006, Amendment #2 CP Development La Quinta, LLC and City of La Quinta Adopted: November 1, 2005 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 s !r P:\stan\centre pointe\da 2003-006 amend #2 cc ord.org -,Ck RESTAURANT; HOTEL - RESTAURANT Ntw RESORT CASITAS ATTACHMENT#1 -1 O ! NA? PARK I �! O IQ O ! O J� MEDICAL OFFICE SINGLE FAMILY NEW RESIDENTIAL 7 AND OFDLFICETOWNHOMES N BUILDI C . C WELL SITE NF CASE MAP CASE No. CENTRE POINTE PROJECT SITE NORTH SCALE: N T S 4 ATTACHMENT #2 ADDENDUM TO ENVIRONMENTAL ASSESSMENT 2001-436 FOR SPECIFIC PLAN 2001-055, AMENDMENT #2 (ENVIRONMENTAL ASSESSMENT 2005-551) (CEQA GUIDELINE 15164) SPECIFIC PLAN 2001-055, AMENDMENT #2 GENERAL PLAN AMENDMENT 2005-105 ZONE CHANGE 2005-125 DEVELOPMENT AGREEMENT 2003-006, AMENDMENT #2 4w4 The City of La Quinta, as lead agency under the California Environmental Quality Act, Public Resources Code section 21000, et seq. ("CEQA") has prepared this Addendum pursuant to CEQA Guideline 15164. This is an Addendum to the Environmental Assessment 2001-436 that the City Council certified on February 5, 2002 for Specific Plan No. 2001-055, in Resolution No. 2002-07. The purpose of this Addendum is to document certain changes to the project which will be implemented through the following land use approvals: SPECIFIC PLAN 2001-055, AMENDMENT #2 GENERAL PLAN AMENDMENT 2005-105 ZONE CHANGE 2005-125 DEVELOPMENT AGREEMENT 2003-006, AMENDMENT #2 These are collectively referred to as "the Revised Project." The Specific Plan project area is located at the southeastern corner of Washington Street and Miles Avenue. The project site is bordered by the Coachella Valley Storm Water Channel on the south, and existing single family development on the east. Lands across Washington Street to the west are vacant. Lands across Miles Avenue to the north are an existing single family development. The Revised project consists of a Specific Plan Amendment, General Plan Amendment Change of Zone and Development Agreement Amendment to modify the land use map and distribution of uses within the Specific Plan area. The proposed amendments would change the designation on lands at the southwest corner of Seeley and Miles from Low Density Residential to Tourist Commercial; and lands in the southeastern corner of the project site from Tourist Commercial to Office. The Table below illustrates the changes proposed: TABLE 1 LAND USE APPROVED ACREAGE PROPOSED ACREAGE Tourist Commercial 19.51 16.2 Medium Density Residential 11.32 9.45 Office 9.73 13.5 Park 2.68 2.7 Well site .52 .52 * The streets and landscape areas were included in the overall acreage of the uses. 4 ^ 7 The City has compared the impacts of the Revised Project with those impacts analyzed in the Environmental Assessment 2001-436, and Addendum to EA 2001-436, adopted in 2003, and finds as follows: Aesthetics - Impacts no greater than those previously analyzed. On the north side of the site, the expansion of the Tourist commercial area into an area previously proposed for single family residential will result in similar impacts, insofar as smaller casitas or cottage buildings are proposed, which will be of similar scope and scale as typical one and two story residential structures, as has developed to the east and north of the project. On the south side of the site, the expansion of the Office designation into the boutique hotel site will result in buildings of similar mass and size as those approved on the boutique hotel site (Tourist Commercial designation). Agriculture Resources- Not applicable Air Quality -Impacts - Impacts no greater than previously analyzed. The primary source of air quality impacts from the site will be the automobile. Tourist Commercial trip generation is lower than single family home trip generation, so impacts in the northern part of the site will be reduced. Vehicle trips in the Office land use category, on the south side of the site, are somewhat higher than those in Tourist Commercial, but any increase would be offset by the reduction in trips on the north side of the site. Biological Resources - Impacts no greater than those previously analyzed. Development of the site under the Revised Project will result in the same amount of ground disturbance as originally contemplated in the Environmental Assessment. Cultural Resources - Impacts no greater than those previously analyzed. Development of the site under the Revised Project will result in the same amount of ground disturbance as originally contemplated in the Environmental Assessment. Geology and Soils - Impacts no greater than those previously analyzed. The type and mass of proposed structures on the site will not be significantly affected by the proposed land use map amendments, and similar site preparation will be required. Hazards and Hazardous Materials - Impacts no greater than those previously analyzed. The development of office and tourist commercial projects is not expected to generate any more use of hazardous materials than would the approved project. Any small quantity generators would, as with the approved project, require proper permitting and supervision from regional, state and federal agencies, as required by law. Hydrology and Water Quality - Impacts no greater than those previously analyzed. The project site is master planned to provide a centralized and coordinated storm water system. The components of the project may change slightly, but the overall requirements to retain the 100 year storm on site, and to protect groundwater resources, will still be implemented by the Public Works Department. 4426 Land Use Planning - Impacts no greater than those previously analyzed. The changes proposed in the land use designations will not change the character or nature of the project. The project land uses are consistent with the General Plan land use categories, and associated goals and policies. Mineral Resources- Not applicable Noise - Impacts less than those previously analyzed. The change in the northern portion of the site will remove single family homes from a location immediately adjacent to a major arterial, which is a high noise generator. The development of offices on the south side of the site will provide an equivalent noise buffer to that previously contemplated for the medium density residential units in the center of the site. Population and Housing - Impacts no greater than those previously analyzed. The changes proposed in the land use plan will not significantly change the number of residents and employees at the project site. The site is vacant, and the Revised Project will not displace any persons or community. Public Services - Impacts no greater than those previously analyzed. The change in land use designations will not change the level of service required at the site for police and fire services. The site will still generate property and transient occupancy taxes, which will offset the needed services. . Recreation - Impacts no greater than those previously analyzed. The proposed project's park areas are not being modified by the proposed land use changes. The parks to be provided within the project will still be available for residents and visitors. Transportation/Traffic- Impacts no greater than those previously analyzed. The previously approved project generated 6,597 daily trips. The Revised Project changes land uses from Tourist Commercial to Office in the southeastern corner of the site, and from Low Density Residential to Tourist Commercial in the northeastern portion of the site. Traffic patterns will be modified internally by the proposed amendment, but should not result in any change in regional traffic flow. The expansion of the medical office/clinic component of the project is not expected to significantly increase trips, because of the internal association and joint trips they are expected to generate. The residential land use designation would have generated a higher per unit trip rate than will the expansion of the Tourist Commercial facilities. Impacts are therefore expected to be equal to or less than those previously analyzed. it is anticipated that 12,000 square feet of the medical complex will be connecting atriums between buildings and will not contain areas that would generate traffic. Utilities and Service Systems - Impacts no greater than those previously analyzed. The Revised Project will generate similar requirements for utilities, and is not expected to require the construction of additional water, waste water or drainage facilities beyond those planned for the project as previously approved. Waste generation from the 427 Z7 Revised project is expected to be similar in bulk and quantity as the previously approved project. The City finds that consideration of the Revised Project does not call for the preparation of a subsequent environmental review pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that the Revised Project does not involve: 1. Substantial changes to the project analyzed in the Environmental Assessment 2001-436 which would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; 2. Substantial changes with respect to the circumstances under which the project is being undertaken which would involve new significant effects on the environment not analyzed in the Environmental Assessment 2001-436 or substantially increase the severity of previously identified impacts; or 3. New information of substantial importance which would involve new significant effects on the environment not analyzed in the Environmental Assessment 2001-436. 428 Environmental Checklist Form ATTACHMENT # 1 ENVIRONMENTAL ASSESSMENT 2001-436 Planning Commission Resolution 2002-017 City Council Resolution 2002-07 1. Project Title: General Plan Amendment 2001-083, Zone Change 2001- 105, Specific Plan 2001-055 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Jer,-y Herman 760-777-7125 4. Project Location: Southeastern corner of Miles Avenue and Washington Street 5. Project Sponsor's Name and Address: City of La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA -92253 6. General Plan Designation: Current: High Density Residential, Park Proposed: Tourist Commercial, Medium Density Residential, Park 7. Zoning: Current: High Density Residential, Park Proposed: Tourist Commercial, Medium Density Residential, Park 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The General Plan and Zone Change are required to allow the development of the proposed hotel and medium density residential land uses. The Specific Plan establishes design standards and guidelines for the development of approximately 22 acres of tourist commercial, consisting of two three-story hotel facilities, commercial retail and restaurant uses; approximately 19 acres of single family and townhome development; approximately 7 acres of watercourse (Coachella Valley Stormwater Channel); and approximately 6 acres of park. Altogether, the property is approximately 54 acres in size. 9. Surrounding Lane Uses and Setting: Briefly describe the project's surroundings. North: Miles Avenue, Vacant, Single Family Residential South: Coachella Valley Stormwater Channel, Single Family Residential East: Vacant, single family residential West: Washington Street, vacant 10. Other agencies whose approval is required (e.g., permits, financing approval,14)e 9 participation agreement.) SACity Clerk\Resolutions\GatewayCkLst.WPD Environmental Factors 0tentially Affected: 0 The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology and Soils Hazards & Hazardous Materials Hydrology and Water Quality Land Use Planning Mineral Resources Noise Population and Housing Determination On the basis of this initial evaluation: Public Services Recreation Transportation/Traffic Utilities and Service Systems Mandatory Findings I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared u I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. 1 find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Al I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 13 1 find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, no hing further is required. (T�j` I t7i-- December 5. 2009 Signature Date Christine di lorio Printed Name 430 G:%WPDOCS%Env Asses%GatewayCkLst.WPD 0 • Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "N active Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analysis," may be cross-referenced). 5) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analysis are discussed in Section XVIII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The analysis of each issue should identify: a) the significance criteria or threshold used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance 4 .i 1 SACity Clerk\Resolutions\GatewayCkLst.WPD 11 Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? (Visual Simulation, The Keith Companies) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (General Plan EIR, page 5-12 ff.) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Visual Simulation, The Keith Companies) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Specific Plan document) AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (Master Environmental Assessment 5-29, 5-32) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? (Aerial photographs) III. AIR DUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook) SACity Clerk\Resolutions\GatewayCkLst.WPD Potentially Potentially Significant Less Than Significant Unlen significant No Impact Mitigated Impact Impact M X X X X F3 X r M X 0 d) Expose sensitive receptors to substantial pollutant concentrationst (Specific Plan document) e) Create objectionable odors affecting a substantial number of people? (Specific Plan document) IV. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Master Environmental Assessment, p. 5-2 ff.) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Master Environmental Assessment, p. 5-2 ff.) c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) Either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? (Master Environmental Assessment, p. 5-2 ff.) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (Master Environmental Assessment, p. 5-2 ff.) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (La Quinta Municipal Code; General Plan) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment, p. 5-2 ff.) V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? (See Sources consulted at the end of this checklist) X X F1 X 433 X X S:\City Clerk\Resolutions\GatewayCkLst.WPD b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? (See Sources consulted at the end of this checklist) c) Disturb or destroy a unique paleontological resource or site? (Paleontological Map, City of La Quintal d) Disturb any human remains, including those interred outside of formal cemeteries? (See Sources consulted at the end of this checklist) VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Geotechnical Engineering Report, Earth Systems Southwest, November 2001) ii) Strong seismic ground shaking? (General Plan EIR, page 4- 30 ff. and Geotechnical Engineering Report, Earth Systems Southwest, November 2001) iii) Seismic -related ground failure, including liquefaction? (General Plan EIR, page 4-30 ff. and Geotechnical Engineering Report, Earth Systems Southwest, November 2001) iv) Landslides? (General Plan EIR, page 4-30 ff.) b) Result in substantial soil erosion or the loss of topsoil? (General Plan EIR, page 4-30 ff. And Geotechnical Engineering Report, Earth Systems Southwest, November 2001) c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (General Plan EIR, page 4-30 ff. and Geotechnical Engineering Report, Earth Systems Southwest, November 2001) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (General Plan EIR, page 4-30 ff. and Geotechnical Engineering Report, Earth Systems Southwest, November 2001) X X NONE MEMO NONE M�m NONE Q SACity Clerk\Resolutions\GatewsyCkLst.WPD 4v4 Cl e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (Master Environmental Assessment 5-32 and Geotechnical Engineering Report, Earth Systems Southwest, November 2001) rI VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal X of hazardous materials? (Application Materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous X materials into the environment? (Application Materials) c) Reasonably be anticipated to emit hazardous materials, X substances, or waste within one -quarter mile of an existing or proposed school? (Application Materials) d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X (Riverside County Hazardous Materials Listing) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of — a public airport or public use airport, would the project result X in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or X working in the project area? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation X plan? (Master Environmental Assessment 6-11) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are X adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) Vill. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate Regional Water Quality Control Board water quality X standards or waste discharge requirements? (Master Environmental Assessment 6-26, 6-27) b) Substantially deplete groundwater supplies or interfere X substantially with groundwater recharge such that there — would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (General Plan EIR, page 4-57 ff.) ` �35 S:\City Clerk\Resolutions\GatewayCkLst.WPD c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (General Plan EIR, page 4- 59 ff.) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (General Plan EIR, page 4-59 ff.) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (General Plan EIR, page 4-59 ff.) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment 6-13 ) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment 6-13) IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Project Description) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local costal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment 5-5) X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment 5-29) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment 5-29) XI. NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan EIR, p. 4-157 ff. and Revised Preliminary Acoustical Analysis, Gordon Bricken & Associates, December 2001) X X Q. X l_ S:\City Clerk\Resolutions\GatewayCkLst.WPD 4-3 • b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels?(General Plan EIR, p. 4-157 ff. and Revised Preliminary Acoustical Analysis, Gordon Bricken & Associates, December 2001) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR, p. 4-157 ff. and Revised Preliminary Acoustical Analysis, Gordon Bricken & Associates, December 2001) d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Application Materials) e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (General Plan map) XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) ? (General Plan, page 2-14) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application Materials) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application Materials) XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, page 4-3 ff. ) Police protection? (General Plan MEA, page 4-3 ff. ) Schools? (General Plan MEA, page 4-9 ff. ) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, page 4-14 ff. ) X X X X X X lI X XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the X facility would occur or be accelerated? (Application Materials) S:\City Clerk\Resolutions\GatewayCkLst.WPO • b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application Materials) XV. TRANSPORTATIONITRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. 4-126 ff. and La Quinta Gateway Traffic Impact Analysis, Urban Crossroads, December 2001) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. 4-126 ff. and La Quints Gateway Traffic Impact Analysis, Urban Crossroads, December 2001) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Application Materials) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (General Plan EIR, p. 4-126 ff.) e) Result in inadequate emergency access? (Application Materials) f) Result in inadequate parking capacity? (Application Materials) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Application Materials) XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, page 4-24) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-24 ) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-27) d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, page 4- 20) X Q MEMO ==ME MMME EWE MEMO loons loomsmmmm SACity Clark\Resolutions\GatewayCkLst.WPD 1138 • e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, page 4-20) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs?(General Plan MEA, page 4-28) XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" _ means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII. EARLIER ANALYSIS. F4 X X Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a) Earlier analysis used. Identify earlier analysis and state where they are available for review. None b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. See attached Addendum. ,SOURCES: f� Master Environmental Assessment, City of La Quinta General Plan 1992 S:\City Clerk\Resolutions\GatewayCkLst.WPD • • General Plan, City of La Quinta, 1992 SCAQMD CEQA Handbook Paleontological Lakebed Delineation Map, City of La Quinta City of La Quinta Municipal Code "Archaeological Monitoring Report, Miles Avenue Borrow Site," prepared by CRM Tech, July 2001 "Final Report Archaeological Mitigation of Project Effects to a Native American Cremation Found on Parcel Map No. 26860," prepared by CRM Tech, February 2001 "Final Report Archaeological Testing and Site Evaluation on Parcel Map No. 26860," prepared by CRM Tech, June 2000 "Phase I Archaeological Assessment of 54.65 Acres at the Southeast Corner of Washington Street and Miles Avenue," prepared by Archaeological Advisory Group, June 1999 "La Quinta Gateway Traffic Impact Analysis," prepared by Urban Crossroads, December 2001 "Revised Preliminary Acoustical Analysis," prepared by Gordon Bricken & Associates, December 2001. "Geotechnical Engineering Report," prepared by Earth Systems Southwest, November 2001 Visual Impact Simulation, prepared by the Keith Companies, December 2001 440 SACity Clerk\Resolutions\GatewayCkLet.WPD u • Addendum for Environmental Assessment 2001-436 —' Planning Commission Resolution 2002-017 City Council Resolution 2002-07 I. a) & c) The proposed project occurs at a high topographic point in the city, and is bordered on the east and north by single family residential development. In order to assess the potential impacts to the viewshed of. these. single family residential units, a visual impact simulation was conducted'. The simulations were conducted for views from the east and south to the west, and from the north and east to the south and west. The analysis clearly demonstrates that the scale of the proposed project will not eliminate the views of existing or future residential units to the surrounding mountains. The impacts of structures on the project site will be less than significant. III. a) & d) Air quality in the Coachella Valley and the City is primarily affected by vehicular emissions. The development of this project could generate up to 6,170 average daily trips2. Based on this trip generation, the project at buildout will generate the following pollutants. Running Exhaust Emissions (pounds/day) PM 10 PM 10 PM 10 CO ROC NOx Exhaust Brakes Tires 50 mph 223. 8.58 45.7 -- 0..95 0.95 1 6 Daily Threshold 550 . 75 100 150 Based on 6,170 trips/day and average trip length of 7 miles, using EMFAC7G Model provided by California Air Resources Board. Assumes catalytic light autos at 75°F. ' Operational thresholds provided by SCAQMD for assistance in determining the significance of a project and the need for an EIR. Visual Impact Simulations, The Keith Companies, December 2001. 2 "La Ouinta Gateway Traffic Impact Analysis," prepared by Urban Crossroads, December 2001. 441 SACity Clerk\Resolutions\GatewayAdd.WPD As demonstrated above, the operational impacts associated with air quality on the project site are expected to be,less than significant. Ill.c) The Coachella Valley is a non -attainment area for PM10 (particulate matter of 10 microns or smaller). The construction of the proposed project has the potential to generate dust, which could contribute to the PM10 problem in the area. In order to control PM10, the City has imposed standards and requirements on development to control dust. The applicant will be required to submit such a plan prior to initiation of any earth moving activity at the site. In addition, the potential impacts associated with PM10 can be mitigated by the mitigation measures below. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Cut and fill quantities will be balanced on site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities.. 6. Watering of the site or other soil stabilization method shall be employed on an on -going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. All disturbed areas shall be treated to prevent erosion until the site is constructed upon. Pad sites which are to remain undeveloped shall be seeded with either a desert wildflower mix or grass seed, or chemical stabilizer. 8. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Perimeter landscaping on Avenue 52 and Jefferson Street, and the retention basin landscaping shall be completed with the first phase of development. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage S \City Clerk\Resolutions\GatewayAdd.WPD 442 • • ozone episodes or when winds exceed 25 miles per hour. 11 All buildings on the project site shall conform to energy use guidelines in Title 24 of the California Administrative Code. With the implementation of these mitigation measures, the impacts to air quality from buildout will not be significant. IV. a) The proposed project is within the mitigation fee area for the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan, and will be required to pay fees to mitigate the potential impact on this species. The payment of the fees serves to mitigate the impacts to a less than significant level. V. b) & d) Several cultural resource studies were completed for the subject property'. The surveys included extensive testing and the excavation of a cremation site. The work done on the site to date has been comprehensive, but additional resources may be buried within the project area. As a result, to ensure that the potential impacts to cultural resources are mitigated, the following mitigation measure shall be implemented: 1. During any and all earth moving activities on any portion of the project site, a qualified archaeological monitor shall be present. The monitor shall be empowered to stop or redirect activities on the site should a resource be identified. A final report shall be filed with the Community Development Department prior to issuance of a certificate of occupancy for any building on the project site. VI. a) ii) A geotechnical investigation was completed for the project site 4. The site occurs in a seismic Zone IV. The site, as with the balance of the City, will be subject to strong groundshaking during a seismic event. The City has implemented standards in the Uniform Building Code to ensure the highest construction 3 "Archaeological Monitoring Report, Miles Avenue Borrow Site," prepared by CRM Tech, July 2001 "Final Report Archaeological Mitigation of Project Effects to a Native American Cremation Found on Parcel Map No. 26860," prepared by CRM Tech, February 2001 "Final Report Archaeological Testing and Site Evaluation on Parcel Map No. 26860," prepared by CRM Tech, June 2000 "Phase I Archaeological Assessment of 54.65 Acres at the Southeast Corner of Washington Street and Miles Avenue," prepared by Archaeological Advisory Group, June 1999 4 "Geotechnical Engineering Report," prepared by Earth Systems Southwest, November 2001. 443 S:\City Clerk\Resolutions\GatewayAdd.WPD standards are applied to protect against seismic hazard. These standards are expected to ensure that impacts associated with seismic ground shaking are reduced to a less than significant level. IX. b) The proposed General Plan Amendment and Change of Zone will change the land uses on the project site from High Density Residential and Park to Tourist Commercial, Medium Density Residential, and Park. The surrounding land use designations include Park, Low Density Residential and Watercourse. The change in land use represents a natural extension of the land use plan, insofar as it places more intense land use (Tourist Commercial) at the intersection of Miles and Washington, and steps down the land use intensity as it proceeds easterly. The Medium Density Residential will be an effective buffer to the existing and future low density development to the east and south. The existing High Density Residential designation is a relatively intense land use, which would not have been buffered from the Low Density development to the east. The proposed General Plan and Change of Zone will therefore represent a less than significant impact on the land use pattern in the City. XI. a) A noise study was completed for the proposed projects. The project site is currently subject to high noise levels, and will continue to be impacted by noise as the project build out. The noise levels will not be reduced to City standards without mitigation. In order to achieve acceptable noise levels for the hotels and townhomes on the subject property, the noise study proposes several setback areas for the construction of sound walls, depending on the site design. These mitigation measures include sound walls and/or berms ranging from 0 to 10 feet in height, and are variable depending on the finish grade of the individual sites within the project. With the implementation of the mitigation measures included in the noise study, however, noise levels on the site at buildout can be reduced to an acceptable level. Since no Site Development Permit is proposed at this time.for any portion of the site, and specific mitigation cannot therefore be evaluated, the following mitigation measures shall be implemented: 1. Any site development permit submitted for any portion of the site shall either: a) Demonstrate conformance with the mitigation measures provided in the "Revised Preliminary Acoustical Analysis" prepared by Gordon Bricken & Associates on December 6, 2001; or b) Submit a noise study specifically prepared for that site s "Revised Preliminary Acoustical Analysis," prepared by Gordon Bricken & Associates, December 2001. S:\City Clerk\Resolutions\GatewayAdd.WPD C� b) Submit a noise study specifically prepared for that site development permit which demonstrates that the noise levels can be reduced on the site to the noise standards in effect at the time of submittal of the application. XIII. a) The proposed development will have a less than significant impact on public services. All areas of the proposed Specific Plan will be served by the County Sheriff and Fire Department, acting under City contract. Site development will generate property tax, transient occupancy tax and sales taxes which will offset the costs of added police and fire services. XV. a) The project will be required to pay the mandated school fees as development occurs. These fees mitigate the students generated, and offset the impacts to schools. The collection of property tax, and the generation of sales tax will generate revenues to the City to offset the added costs associated with the provision of municipal services. The project will be required to participate in the City's Impact Fee Program, which helps to offset roadway improvement costs. A traffic study was conducted for the proposed project'. The study found that buildout of the proposed project would generate up to 6,170 average daily trips, of which 310 would occur during the AM peak, and 465 during the PM peak hour. The volume generated by the proposed project, combined with the growth in traffic volumes on City streets from other project in the area resulted in recommended mitigation measures in the study in order to maintain City level of service standards. These mitigation measures are enumerated below: 1. Miles Avenue and Washington Street shall be constructed to their full half -width right-of-way with development of the first phase of the project. 2. A traffic signal shall be installed at the intersection of Seeley Drive and Miles Avenue in conjunction, as warranted. 3. Access to the project from Washington Street shall be limited to right -in, right -out only. 4. Left turn pocket on Seeley Drive, accessing westbound Miles Avenue, — shall be a minimum of 100 feet in length. Left turn pocket on westbound Miles Avenue, accessing southbound Seeley Drive, shall be a minimum 445 6 "La Quinta Gateway Traffic Impact Analysis," prepared by Urban Crossroads, December 2001. S:\City Clerk\Resolutions\GatewayAdd.WPD of 150 feet in length. With the implementation of these mitigation measures, impacts of the project on the City's circulation system shall be less than significant. XVI. a)-f) The buildout of the site will require service from utility providers. The overall impacts on these services is not expected to be significant, insofar as these suppliers will charge the businesses and residents for their services, and provide improvements to these services as needed. In addition, connection fees will be required at construction of any project. These fees and charges will mitigate the potential impacts to a less than significant level. 446 S:\City Clerk\Resolutions\GatewayAdd.WPD CITY OF LA QUINTA MONITORING PROGRAM FOR CEQA COMPLIANCE DATE: December 5, 2001 ASSESSORS PARCEL NO.: CASE NO.: GPA 2001-083, ZC PROJECT LOCATION: 2001-105, SP 2001-055 EA/EIR NO: 2001-436 APPROVAL DATE: APPLICANT: City of La Quinta Southeast corner of Washington Street and Miles Avenue In Process THE FOLLOWING REPRESENTS THE CITY'S MITIGATION MONITORING PROGRAM IN CONNECTION WITH THE MITIGATED NEGATIVE DECLARATION FOR THE ABOVE CASE NUMBER SUMMARY MITIGATION MEASURES RESPONSIBLE FOR MONITORING TIMING CRITERIA COMPLIANCE CHECKED BY DATE III. AIR QUALITY Maintain construction equipment. Contractor Project Construction SCAQMD standards Utilize temporary power. Balance cut and fill on site. City Engineer City Engineer Prior to issuance of grading permits. Project Construction IID standards Municipal Code Pre -water and stabilize soils. Building Department Prior to issuance of building permits. PM10 Management Plan • Provide alternative transportation. Community Development Department Prior to the issuance of grading permits TDM ordinance. SUMMARY MITIGATION RESPONSIBLE FOR- TIMING CRITERIA COMPLIANCE DATE MEASURES MONITORING CHECKED BY V. CULTURAL RESOURCES MEASURE: Archaeological monitor to be on site Community Development During earth moving. City standards for during earth moving. and Public Works cultural resource Departments. analysis. SUMMARY MITIGATION RESPONSIBLE FOR TIMING CRITERIA COMPLIANCE DATE MEASURES MONITORING CHECKED BY XI. NOISE Conform to December 6, 2001 Community Development Site Development Permit Project review, Gordon Bricken & Associates noise Department, Building review Plan check inspection mitigation measures. Department Alternatively, submit revised noise Community Development Site Development Permit Project review analysis, conforming to City Department review standards SUMMARY MITIGATION RESPONSIBLE FOR TIMING CRITERIA COMPLIANCE DATE MEASURES MONITORING CHECKED BY XV. TRAFFIC AND CIRCULATION & Washington to City Engineer Project Construction Inspection 7ConstructMiles ht-of-ways Install traic signal at Seeley and City Engineer Construction or warrants Plan check Miles City Engineer Plan Check City standards for Limit access on Washington to right- access in, right -out City Engineer Plan Check City standards for Left turn pockets to be 100 foot roadway minimum on Seeley to Miles and improvements 150 foot minimum on Miles to Seeley L :s� ADDENDUM TO ENVIRONMENTAL ASSESSMENT 2001-436 FOR SPECIFIC PLAN 2001-055 (CEQA GUIDELINE 15164) SPECIFIC PLAN 2001-055, AMENDMENT NO. 1 PLANNING COMMISSION RESOLUTION 2003-013 FOR GENERAL PLAN AMENDMENT 2003-090, PLANNING COMMISSION RESOLUTION 2003-011 AND ZONE CHANGE 2003-1 1 1 PLANNING COMMISSION RESOLUTION 2003-012 450 P:\BETTY\CENTERPOINT EA ADDENDUM.wpd The City of La Quinta, as lead agency under the California Environmental Quality Act, Public Resources Code section 21000, et seq. ("CEQA") has prepared this Addendum pursuant to CEQA Guideline 15164. This is an Addendum to the Environmental Assessment 2001-436 that the City Council certified in on February 5, 2002 for Specific Plan No. 2001-055, in Resolution No. 2002-07. The purpose of this Addendum is to document certain changes to, the project which will be implemented through the following land use approvals: GENERAL PLAN AMENDMENT 2003-090, AMENDMENT #1 TO SPECIFIC PLAN 2001-055 AND ZONE CHANGE 2003-1 1 1 These are collectively referred to as "the Revised Project." The approximate 50-acre subject property is situated at the southeast corner of Miles Avenue and Washington Street, a major entry point to the City. The property is bound by the Coachella Valley Storm water Channel to the south, the La Quinta Del Oro residential subdivision and vacant residential land to the north across Miles Avenue, and the Desert Pride and Sienna Del Rey single-family subdivision to the east. To the west is vacant land within the City of Indian Wells. The Revised Project would change the current land use acres as illustrated in the following chart: CURRENT PROPOSED I Anln i ICI` ACREAGE ACREAGE Tourist Commercial 22 19.51 Medium Density Residential 20 11.32 Office 0 9.73 Park 5 3.02 Well site .52 .52 Streets 3.04 TOTAL 47.52 * 47.14 * the streets and landscape areas were included in the overall acreage of the uses. 451 PABETTMENTERPOINT EA ADDENDUM.wpd The City has compared the impacts of the Revised Project with those impacts analyzed in the Environmental Assessment 2001-436 and finds as follows: Aesthetics - Impacts no greater than those previously analyzed. The previously approved Specific Plan did not contain a office land use. This new land use is located in the general location of a hotel proposed in the previous Specific Plan. The scale, height, and mass will generally be the same. Agriculture Resources- Not applicable Air Quality -Impacts - Impacts no greater than previously analyzed. Biological Resources - Impacts no greater than those previously analyzed. The Revised Project will have the same level of impacts on biology as the original project. Cultural Resources - Impacts no greater than those previously analyzed. Prior to grading, the applicant will be required to retain qualified archaeological monitor approved by the City. Geology and Soils - Impacts no greater than those previously analyzed. The geology and soil impacts remain unchanged. Hazards and Hazardous Materials - Impacts no greater than those previously analyzed. Hydrology and Water Quality - Impacts no greater than those previously analyzed. Land Use Planning - Impacts no greater than those previously analyzed. The Revised Project is consistent with the goals, policies and objectives of the General Plan and the Specific Plan. A DDA will be prepared to promote the future development of the project. The preparation and implementation of the DDA will not have significant environmental impact. Mineral Resources- Not applicable Noise - Impacts no greater than those previously analyzed. Population and Housing - Impacts no greater than those previously analyzed. It is anticipated that the number of persons residing or working within the specific plan area will be the same. Public Services - Impacts no greater than those previously analyzed. Recreation - Impacts no.greater than those previously analyzed. Residential uses will continue to have access to an on site park/open space area, including adjacent parks in the area and their own lots. Therefore, the need for recreational facilities arising from the project are within the scope of what was originally analyzed. 452 PABETTMENTERPOINT EA ADDENDUM.wpd Transportation/Traffic- An updated traffic Impact analysis was prepared to compare the trip generation for the previous traffic analysis to the proposed uses, and to determine whether any significant change in traffic impacts and/or mitigation measures would be required. The findings of the update are: 1) the revised land uses, including the medical facility and medical office building/clinic, can be accommodated without any significant change to traffic impacts or mitigation measures in comparison with the original traffic analysis for the project., 2) the proposed project would generate a net trip generation of 6,597 trip -ends per day with 423 vehicles per hour during the AM peak hour and 626 vehicles per hour during the PM peak hour. The previous project would have generated 5,553 trip -ends per day with 310 vehicles per hour during the AM peak hour and 465 vehicles per hour during the PM peak hour., and 3) the revised project generates slightly greater daily and AM/PM peak hour trips. However, the additional trips can be accommodated without significantly changing the traffic impacts or mitigation measures for the project. This update was prepared by RK Engineering group, Inc. dated January 20, 2003. Based upon this study, it has been determined that changes in land uses will not significantly impact the study area intersections or recommendations included in the previous project. Utilities and Service Systems - Impacts no greater than those previously analyzed. The City finds that consideration of the Revised Project does not call for the preparation of a subsequent environmental review pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that the Revised Project does not involve: (1) substantial changes to the project analyzed in the Environmental Assessment 2001-436 which would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; (2) substantial changes with respect to the circumstances under which the project is being undertaken which would involve new significant effects on the environment not analyzed in the Environmental Assessment 2001-436 or substantially increase the severity of previously identified impacts; or (3) new information of substantial importance which would involve new significant effects on the environment not analyzed in ,the Environmental Assessment 2001-436. 453 PABETTYICENTERPOINT EA ADDENDUM.wpd ATTACHMENT 5 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above'lhis Line Tor Kecoraer's Use (Exempt from Recording Fee per Gov't Code § 27383) AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT THIS AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT ("Amendment No. 2") is made and entered into as of , 2005 ("Effective Date") by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California (the "City"), and CP DEVELOPMENT LA QUINTA, LLC, a California limited liability company ("Developer"). RECITALS: A. On or about December 18, 2003, the La Quinta Redevelopment Agency ("Agency") and Developer entered into that certain Disposition and Development Agreement (the "Original DDA"), pursuant to which Agency agreed to sell to Developer, and Developer agreed to purchase from Agency, that certain real property located southeast of the Miles Avenue and Washington Street intersection in the City of La Quinta, California 92253 (the "Site"), and to construct, complete, and operate thereon a commercial project containing a medical office/surgical facility, a development containing sanctuary villas, a mid -price suites hotel, a resort -style condominium/casitas development, two (2) sit-down restaurants, and two (2) single- family residential developments, with forty (40) of the single-family homes restricted for sale to "Eligible Buyers" at an "Affordable Housing Cost" (as those terms are defined in the DDA (collectively, the "Project"). The Site is legally described in Exhibit "A", which is attached hereto and incorporated herein by this reference. B. Concurrently with the execution of the Original DDA, the City and Developer entered into that certain Development Agreement dated December 18, 2003, and recorded on January 5, 2004, as Instrument No. 2004-0005256, in the Official Records of the County of Riverside (the "Original Development Agreement"), for purposes of (i) identifying the terms, conditions, and regulations for the construction of the Project, certain components of which constitute a Planned Development (as defined in Civil Code Section 1351(k)); (ii) setting forth a payment schedule for the Developer's payment to the City of certain amounts designed to compensate the City in the event that certain components of the Project fail to generate specified levels of transient occupancy tax (as that term is used in La Quinta Municipal Code Chapter 454 882/015610-0061 620306.02 a10/04/05 3.24); (iii) setting forth a payment schedule for the Developer's payment to the City of Three Hundred Forty -Six Thousand Eleven Dollars ($346,011), to cover the Developer's contribution towards the cost of certain landscaping improvements installed within certain portions of the real property adjacent to the Site; (iv) requiring the Developer, at its sole cost, to construct a neighborhood park on certain real property owned in fee by the City; and (v) setting forth the extent to which Developer may construct, develop, use and operate the Project. C. On or about October 28, 2004, (i) Agency and Developer entered into that certain Amendment No. 1 to Disposition and Development Agreement ("Amendment No. 1 to DDA") to revise (a) certain timeframes in the schedule of performance attached to the Original DDA; (b) certain conditions that had to be satisfied prior to the Agency's conveyance to Developer of the Site; and (c) the transfer and assignment provisions in the Original DDA, and (ii) City and Developer entered into that certain Amendment No. 1 to Development Agreement (Amendment No. 1 to Development Agreement") to revise the transfer and assignment provisions in the Original Development Agreement. The Original Development Agreement, as modified by Amendment No. 1 to Development Agreement, is hereinafter referred to as the "Development Agreement." D. On or about December 7, 2004, Agency and Developer entered into that certain Amendment No. 2 to Disposition and Development Agreement ("Amendment No. 2 to DDA") which amended the Original DDA, as amended by Amendment No. 1 to DDA, to provide for the Agency's agreement to subordinate Repurchase Option I in the same manner, and subject to the same terms and conditions, as the Agency had agreed to subordinate Repurchase Option III in order to accommodate Developer's acquisition and development lender. Concurrently with the parties' execution of Amendment No. 2 to DDA, Agency conveyed to Developer the Property. The Original DDA, as modified by Amendment No. 1 and Amendment No. 2, is hereinafter referred to as the "DDA." E. On or about April 4, 2005, Parcel Map No. 31116, in the City of La Quinta, was filed in the Official Records of the County of Riverside in Book 212 of Parcel Maps at pages 60- 66, inclusive (the "Parcel Map"). The Parcel Map created legal parcels within the Site that differ from the parcels depicted on the Site Map attached to the Development Agreement. In particular: (i) the Parcel Map created one legal parcel for development thereon of the Casitas Development (identified thereon as "Parcel 2"), where the Site Map had depicted the Casitas Development on three parcels; (ii) the Parcel Map created one legal parcel for development thereon of the Sanctuary Villas Development (identified thereon as "Parcel 7"), where the Site Map had depicted the Sanctuary Villas Development on two parcels; and (iii) the Parcel Map created one legal parcel for development thereon of the Medical Office/Surgical Facility (identified thereon as "Parcel 6"), where the Site Map had depicted the Medical Office/Surgical Facility on four parcels. The Parcel Map also created "Parcel 1" and "Parcel 5" for development thereon of the Restaurants, "Parcel 3" for development thereon of the Villas Residential Development, "Parcel 4" for development thereon of the Suites Hotel, "Parcel 8" for development thereon of the Cluster/Perimeter Residential Development, and "Parcel 9" for development thereon of a public park. A copy of the Parcel Map is attached hereto and incorporated herein as Exhibit "B". All further references herein to a "Parcel" shall mean the parcel created on the Parcel Map. 455 882/015610-0061 620306.02 a10/04/05 F. Concurrently with the preparation and processing through the City hereof, (i) the Developer has prepared and is processing through the City an amendment to the Center Point Specific Plan, also known as Specific Plan No. SP2001-055, as previously amended by City Council Resolution No. 2003-035, on June 3, 2003, to modify the uses permitted on certain portions of the Property (the "Specific Plan Amendment"), and (ii) the Agency and Developer have prepared that certain Amendment No. 3 to Disposition and Development Agreement ("Amendment No. 3 to DDA") to modify certain components of the Project and revise the timeframe set forth in the DDA for Developer's completion of the Suites Hotel. G. The City and Developer now desire to amend the Development Agreement to modify the description of the Project and certain obligations of the Developer set forth therein. The parties contemplate that, concurrently with the City Council's consideration of this Amendment No. 2, the City Council will consider the Specific Plan Amendment and the Agency Board will consider Amendment No. 3 to DDA. H. The City Council has determined that this Amendment No. 2 is consistent with the City's General Plan and the Specific Plan, including the goals and objectives thereof. I. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. J. On , 2005, the City Council adopted its Ordinance No. approving this Amendment No. 2. Unless otherwise specified herein, all capitalized terms in this Amendment No. 2 shall have the meaning ascribed in the Development Agreement. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by this reference, and for valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: The Development Agreement is hereby amended as follows: 1.1 To replace Section 3.1 with the following: 3.1 Development of the Project; Planned Development. Developer shall construct the Project on the Site in accordance with the Development Plan. The Project shall consist of a mixed -use residential and commercial development with the following components: (A) a mid -price suites hotel containing approximately one hundred twenty-nine (129) guest rooms ("Suites Hotel") to be constructed on Parcel 4; 456 882/015610-0061 620306.02 a10/04/05 (B) a resort -style condominium/casitas project containing approximately one hundred sixty-four (164) condominium/casitas units ("Casitas Development") to be constructed on Parcel 2 and Parcel 3; (C) a residential development containing approximately sixty (60) detached, single family homes (the "Residential Development"), to be constructed on Parcel 8; with (i) fourteen (14) of the homes ("Unrestricted Homes") within the Residential Development to be sold on a market rate basis; and (ii) forty (40) of the homes ("Affordable Homes") within the Residential Development to be marketed and sold to moderate income buyers at an affordable housing cost (as those terms are defined in Health & Safety Code Section 50093); (D) two (2) restaurants (the "Restaurants"), with one Restaurant to be constructed on Parcel 1 and one Restaurant to be constructed on Parcel 5; (E) a medical office/surgical facility ("Medical Office/Surgical Facility") to be constructed on Parcel 6 and Parcel 7; and The Residential Development and the Casitas Development shall each constitute a Planned Development, and shall be developed and operated in compliance with Section 1350, et seq. of the Civil Code. 1.2 To revise Section 3.3.1 to replace the phrase "the Casitas Development Parcel" with "Parcel 2 and Parcel I" 1.3 To delete, in its entirety, Section 3.3.2. 1.4 To replace, in their entirety, Sections 3.4.1 through 3.4.7 with the following: 3.4.1 General. During the Term of this Agreement, Developer or the Casitas Development HOA, as applicable, shall make the payments to City described in this Section 3.4. The payments under this Section 3.4 are not the exclusive development impact fees for the Project and nothing in this Section 3.4 shall be construed as a limitation on the right of the City to impose, levy, or assess the Site other development fees as permitted by applicable law. 3.4.2 Developer's Payments of One -Time Mitigation Fees. Developer shall pay to the City, for each unit in the Casitas Development, with such payment due upon the first close of escrow for each such unit, the sum of One Thousand Five Hundred Eighty -Five Dollars ($1,585). 457 882/015610-0061 620306.02 a10/04/05 3.4.3 Casitas Development Annual Mitigation Fee, Termination. During the term of this Agreement, on each July 1st following the Effective Date ("Annual Mitigation Payment Date"), the Casitas Development HOA shall pay to the City an annual mitigation fee ("Casitas Development Annual Mitigation Fee") covering the annual period of the prior July 1 through the June 30 occurring immediately preceding the Annual Mitigation Payment Date (the "Operative Year") [provided, however, the first Operative Year shall commence on the Effective Date of this Agreement and end on the next occurring June 30). The Casitas Development Annual Mitigation Fee shall be the collective sum of One Hundred Fifty Dollars ($150) [as the same may increase by the CPI in accordance with Section 3.4.7] for each unit ("Casitas Development Unit Fee") in the Casitas Development that has been sold to a purchaser, as evidenced by the close of escrow for such unit, prior to the applicable Annual Mitigation Payment Date regardless of when or in which Operative Year the unit was sold. Notwithstanding anything herein to the contrary, the Casitas Development Annual Mitigation Fee shall not be required to be paid for any Operative Year in which the City has received transient occupancy taxes derived from, collectively, the Suites Hotel and the Casitas Development, which equal or exceed Five Hundred Forty -Six Thousand One Hundred Thirty -One Dollars ($546,131) [as the same may increase by the CPI in accordance with Section 3.4.7] (the "Minimum Annual TOT Amount") for the applicable Operative Year. Notwithstanding the paragraph above, if the City has received the Minimum Annual TOT Amount in each of three (3) consecutive Operative Years, the Casitas Development HOA's obligation to pay the Casitas Development Annual Mitigation Fee shall be terminated and shall be of no further force or effect. 3.4.4 [Intentionally Omitted] 3.4.5 Payment of Casitas Development Public Facilities Fee. In addition to the other payments required to be paid pursuant to this Section 3.4, the Casitas Development HOA shall be required to pay to the City the sum of five percent (5%) of any rental amount charged for occupancy of a unit in the Casitas Development which is rented for a period of more than thirty (30) days (the "Casitas Development Public Facilities Fee"). The Casitas Development Public Facilities Fee shall be due and payable to the City within thirty (30) days after any such occupancy terminates, regardless of whether the rent, or any amount thereof, was collected. If the unit is provided free of charge or at a discount, as consideration for a service provided to the owner of the unit or to the Casitas Development HOA and/or for promotional or marketing purposes, the rent shall be deemed to be the higher of (i) the value of the services received; or (ii) the average rent of all of the units in the Casitas Development during the period the unit was provided. Notwithstanding the foregoing, the requirement to pay the Casitas Development Public Facilities Fee shall not apply in the case where an owner of a Casitas Development unit provides his or her Casitas 882/015610-0061 458 620306.02 a10/04/05 Development unit to a person who is a relative of the owner, for no consideration, for a period of more than thirty (30) days. 3.4.6 [Intentionally Omitted] 3.4.7 Consumer Price Index Adjustments. Each of the Casitas Development Annual Mitigation Fee, the Casitas Development Unit Fee, and the Minimum Annual TOT Amount shall be adjusted annually, on each May 1 st during the term of this Agreement, by the Consumer Price Index for Urban Wage Earners and Clerical Workers, Los Angeles - Riverside -Orange County average, All Items, 1982-84 = 100, published by the United States Department of Labor, Bureau of Labor Statistics (the "CPI"), by comparing the CPI existing on the immediately prior March 1st to the CPI existing on the March 1st of the previous year. No adjustment shall be made in any year in which there has been a decrease in the CPI. If the CPI is no longer published at any point during the Term of this Agreement, a comparable index shall be selected by the parties. 1.5 To revise Section 3.4.10 to replace the phrase "on the Villas Residential Development Parcel or the Cluster/Perimeter Residential Development Parcel" with the phrase "within the Residential Development." 1.6 To replace, in its entirety, Section 3.5 with the following: 3.5 Park Improvements. Developer agrees to develop a neighborhood park on Parcel 9, in accordance with the list of park improvements set forth in Exhibit "D" hereto (the "Park Improvements") and all applicable City and State laws and regulations. Prior to Developer's entry onto Parcel 9, Developer shall enter into an Early Entry Agreement with the City substantially in the form of which is attached hereto as Exhibit "B". The Park Improvements shall be completed and accepted by the City prior to, and as a condition of, the City's final inspection of the first unit in the Residential Development. 2. Developer acknowledges that it has transferred and assigned, or intends to transfer and assign, the rights and obligations under the DDA to develop the Casitas Development to Lennar Homes of California, Inc., a California corporation ("Lennar") and that Lennar intends to prepare a new tract map (the "New Tract Map") that merges Parcel 2 with Parcel 3. 3. Developer intends to prepare a lot line adjustment that merges Parcel 6 with Parcel 7, and transfers a portion of Parcel 7 to -Parcel 8 (the Lot Line Adjustment"). The Developer contemplates that the new Parcel created by merging Parcel 6 with Parcel 7 will consist of approximately 13.63 acres, and that Parcel 8 will, after the Lot Line Adjustment, consist of approximately 9.45 acres. Within thirty (30) days after the later of (i) the date the Lot Line Adjustment has been processed, or (ii) the date the New Tract Map has been approved by the La Quinta City Council, the Developer's engineers shall prepare and submit to the City a new site map (the "New Site Map") that reflects the changes effected by the New Tract Map and the Lot 882/015610-0061 4 J 620306.02 a10/04/05 Line Adjustment. Upon confirmation by the City that the New Site Map accurately reflects said changes, the New Site Map shall automatically replace the Site Map currently attached to the Development Agreement as Exhibit A-2. 4. This Amendment No. 2 shall not be effective unless and until (i) the City Council has approved the Specific Plan Amendment; (ii) the Agency Board has approved Amendment No. 3 to DDA; and (iii) Agency and Developer have executed Amendment No. 3 to DDA. 5. Except as otherwise expressly provided in this Amendment No. 2, all of the terms and conditions of the Development Agreement shall remain in full force and effect. 6. In the event of any action between City and Developer seeking enforcement of any of the terms and conditions to this Amendment No. 2, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney's fees. 7. This Amendment No. 2 shall be construed according to its fair meaning and as if prepared by both parties hereto. 8. This Amendment No. 2 shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such law. The Municipal and Superior Courts of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Amendment No. 2. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 9. Time is of the essence of this Amendment No. 2 and of each and every term and provision hereof. 10. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by both City and Developer. No waiver of any breach or default by any party hereto shall be considered to be a waiver of any breach or default unless expressly provided herein or in the waiver. 11. Signatures of the parties transmitted by facsimile shall be deemed binding. However, each party agrees to submit their original signature to the other party within five (5) business days after execution hereof. 12. This Amendment No. 2 may be executed in counterparts, each of which, when this Amendment No. 2 has been signed by all the parties hereto, shall be deemed an original, and such counterparts shall constitute one and the same instrument. 13. The person(s) executing this Amendment No. 2 on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2 such party is formally bound to the provisions of this 882/015610-0061 �) O 620306.02 a10/04/05 Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which such party is bound. IN WITNESS WHEREOF, City and Developer each hereby represents that it has read this Amendment No. 2, understands it, and hereby executes this Amendment No. 2 to be effective as of the day and year first written above. Date: Date: 2005 "Developer" CP DEVELOPMENT LA QUINTA, LLC, a California limited liability company By: Oliphant Family Trust Its: Member Bv: Richard Oliphant Its: Trustee By: Oliphant Enterprises, Inc. Its: Manager 2005 Bv: Richard Oliphant Its: President "City" CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California Date: , 2005 By: ATTEST: June Greek, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP M. Katherine Jenson, City Attorney City Manager 882/015610-0061 461 620306.02 a10/04/05 STATE OF CALIFORNIA ) ss COUNTY OF _) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 462 882/015610-0061 620306.02 a10/04/05 STATE OF CALIFORNIA ) ) ss COUNTY OF On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 463 882/015610-0061 620306.02 a]0/04/05 EXHIBIT "A" LEGAL DESCRIPTION OF THE SITE Parcels 1-8 of Parcel Map 31116, in the City of La Quinta, as per Map filed in Book 212, Pages 30-66, inclusive, of Parcel Maps, in the Office of the County Recorder of Riverside County. 882/015610-0061 464 620306.02 a10/04/05 EXHIBIT "B" PARCEL MAP [See Following Pages] 4E 882/015610-0061 620306.02 a10/04/05 ATTACHMENT #6 Planning Commission Minutes October 11, 2005 a. Vshallbe n ded: The two story unit plans shall be mixed atching second story windows do not align cross from each other. b. n added: The one story Tuscan plan elevations re -studied to improve appearance prior to ion of the final drawings and submitted to the nity Development Department for approval. c.n added: Clay roof tile shall be provided on a of 30% of the units. Unafimously approved. C. Environmental Assessment 2005-551, General Plan Amendment 2005- 105, Zone Change 2005-125, Specific Plan 2001-055 Amendment #2, and Development Agreement 2003-006 Amendment #2; a request of CP Development La Quinta, LLC for consideration of (1) an Addendum to a certified Mitigated Negative Declaration of environmental impact; (2) General Plan Amendment; (3) Zone Change; (4) Specific Plan Amendment; and (5) an Amendment to existing Development Agreement to allow: A) Changing the General Plan designation and zoning for the 2 + acre residential site at the future southwest corner of Seeley Drive and Miles Avenue to Tourist Commercial to allow an additional 32 one and two story casitas; B) Changing the General Plan designation and zoning for the 4.8 + acre tourist commercial zoned boutique hotel site at the southeast corner of the project area to the office commercial zone to allow expansion of the approved medical office complex site; and, C) An Amendment of the Development Agreement to reflect the revised project as described above, for the property located southeast of the intersection of Washington Street and Miles Avenue within the Centre Pointe project. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked if Seeley Drive extension would be signalized at Washington Street. Staff stated no that it would be a right-in/right-out. 466 PABETTY\1 0- 1 1-05.doc Planning Commission Minutes October 11, 2005 3. Commissioner Ladner asked what would be constructed in the tourist commercial area. Staff stated 32 additional casitas units. 4. Commissioner Quill asked if the casitas units pay Transient Occupancy Tax. Staff stated yes. Commissioner Quill asked how many hotel units were being lost and how many casitas units were being increased. Staff clarified 26 boutique hotel units were being deleted and an additional 32 casitas units, with the remaining residential units being increased to 60 units. 5. Community Development Director Doug Evans asked that the applicant clarify the site cross section to the medical office building as it does not agree with Page 10 of the Specific Plan. As it is written in the Specific Plan on page 10, within the first 200 feet of the east property line, the medical office buildings are limited to 33 feet. Then, under setbacks in the Specific Plan, the minimum perimeter setback from residential is 50 feet. The cross section shows the setback at 279 feet. This needs to be clarified by the applicant as to whether or not they can build a 33 foot building 50 feet from the property line, or live with a setback that is more equivalent to the cross sections that staff has done most of their analysis on. 6. Commissioner Quill asked if the site plan shows the actual location of the houses and the building. Community Development Director Doug Evans stated that is what staff is requesting the applicant explain. 7. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Dick Oliphant and staff gave a presentation on the project. Mr. Michael Andes, President of the Foundation, and Mr. Ali Tourkilman for Eisenhower Medical Center gave a presentation on the medical complex. Mr. Tim Lowry, Lennar Homes, gave a presentation on the casitas units. A presentation was also provided on the hotel construction. 8. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill asked if any community meetings had been held. Mr. Oliphant stated they had held two meetings and the feedback was positive. 46 PABEM\10-11-05.doc Planning Commission Minutes October 11, 2005 9. Commissioner Alderson asked if there was flexibility in relocating the well site. Mr. Oliphant stated no; a well site cannot be closer than 1,000 feet from another site and this is the only location that met CVWD criteria. 10. Chairman Kirk asked why the boutique hotel did not meet the plan objectives. Mr. Oliphant stated they had never tried to find a tenant. They have been focusing on the hotel, casita units, and medical facilities. Bringing the Eisenhower Medical Center to the site created a much better plan. Chairman Kirk asked if the mitigation fee applied to all the casitas units or just the new units. Assistant City Attorney Michael Houston stated all casitas units. Chairman Kirk asked if this type of mitigation fee had been tested and will meet a challenge. Houston stated development fees are seldom challenged when they are proposed for purposes of development. They are a cost of doing business. He believes it will meet legal challenges. 11. Chairman Kirk asked if there was any other public comment. Mr. Jim Sherman, 78-825 Nolan Circle, stated he opposed the Amendment as it is not the same project as what was presented to them originally. He believes this will decrease his property values. Traffic on Miles Avenue will increase as well as ambient light. Traffic within their tract will be increased by those looking for a way to avoid the traffic on Washington Street. He believes the City should allow the residents to raise the height of their walls to create a sound wall or add a traffic gate to the Acacia and Highlands projects so their streets cannot be used as a thoroughfare. 12. Chairman Kirk asked staff to address the two issues raised by Mr. Sherman. Community Development Director Doug Evans stated as to increasing the height of an existing wall, you can not add to a wall, you will have to demolish and rebuild. Assistant City Engineer Steve Speer stated that gating a public street after it is built is impossible because you cannot get all the residents into the HOA to agree to pay for the maintenance. 13. There being no other public participation portion of the hearing was closed and open for Commission discussion. 14. Commissioner Alderson stated he had spent time with staff trying 468 PABETTY\ 10-11-05.doc Planning Commission Minutes October 11, 2005 to understand why the changes were important. The change to the medical facility as well as the financial aspect of the changes to the project are both a benefit to the City. He does believe there may be some traffic concerns. 15. Commissioner Quill stated it is the metamorphosis of any project that as the users are identified, the project will change. In regard to the height and setback issue he would like to limit the distance of the medical building from the residences yet give some flexibility in the height of the building. 16. Commissioner Ladner stated she agrees with Commissioner Quill. She also has concerns with the height and distance of the building. 17. Chairman Kirk stated he too is concerned with the height issues, but still five feet height difference 200 feet away does not seem to be an issue. He would be more concerned with glare from night time users and automobiles. He does not see the need to add a condition restricting the height, but would rather require the applicant to abide by the cross sections provided. He did have a concern with the loss of the boutique hotel, and does not like collecting TOT from a HOA, but understands why it is being done. 18. It was moved by Commissioners Alderson/Ladner to' adopt Planning Commission Resolution 2005-045, recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2005-551, as recommended. ROLL CALL: AYES: Commissioners Alderson, Ladner, Quill, and Chairman Kirk. NOES: None.' ABSENT: Commissioner Daniels. ABSTAIN: None. 19. It was moved and seconded by Commissioners Quill/Alderson to adopt Planning Commission Resolution 2005-046, recommending approval of General Plan Amendment 2005-105, as recommended. ROLL CALL: AYES: Commissioners Alderson, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Daniels. ABSTAIN: None. 463 P:\BETTY\10-11-05.doc Planning Commission Minutes October 11, 2005 20. It was moved and seconded by Commissioners Quill/Alderson to adopt Planning Commission Resolution 2005-047, recommending approval of Zone Change 2005-125, as recommended. ROLL CALL: AYES: Commissioners Alderson, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Daniels. ABSTAIN: None. 21. It was moved and seconded by Commissioners Quill/Alderson to adopt Planning Commission Resolution 2005-048, recommending approval of Specific Plan 2001-055, Amendment #2, as amended: a. Condition added: Building envelope or site line studies presented tonight will be maintained. ROLL CALL: AYES: Commissioners Alderson, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Daniels. ABSTAIN: None. 22. It was moved and seconded by Commissioners Alderson/Quill to adopt Planning Commission Resolution 2005-049, recommending approval of Development Agreement 2003-006, Amendment #2, as recommended. ROLL CALL: AYES: Commissioners Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Daniels. ABSTAIN: None. VI. MS: None. Vill. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COM*SSIONER ITEMS: A. Co munity Development Director Doug Evans asked if the Com issioners had any items to place on the agenda for the October 25,. 2005, -oint meeting with the City Council 1. Ch irman Kirk asked that design standards for commercial buil ' gs. He would like to have an update on this. Second, the direct n on annexations. 2. Commi ioner Alderson stated he would like to see the PABETTY\1 0- 1 1-05.doc 4a � , /0,/") " ,, 79320 V14 iJi,10,,4 C, 4�( Ar, /-, C,4s3 `L '0*4 �v✓�ti� �w,✓� �s SJJ (-S C o� Ofl dA (' rftL C - in,/", 41106 E C E � NU J 12005 CITY �jF LA" iN-,:, COMMUNITY DEVELOPMENT DEPARTMENT ei71