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2005 12 06 CC
�a �.0 0 oado#& H V =s City Council Agendas are Available on the City's Web Page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting December 6, 2005 - 2:00 P.M. Beginning Resolution No. 2005-93 Ordinance No. 424 CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, Perkins, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when the Agency is considering acquisition of real property. 1. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, THOMAS P. GENOVESE, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF CALLE TAMPICO AND DESERT CLUB DRIVE. PROPERTY OWNER/NEGOTIATORS: SANTA ROSA PLAZA, LLC AND EMBASSY SUITES LA QUINTA. City Council Agenda 1 December 6, 2005 2. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF HIGHWAY 111 AND LA QUINTA CENTRE DRIVE. PROPERTY OWNER/NEGOTIATOR: STAMKO DEVELOPMENT CO. RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION OF CHECKS FROM WINDERMERE REAL ESTATE AND CHICAGO TITLE. 2. PRESENTATION BY COACHELLA VALLEY WATER DISTRICT REGARDING MID - VALLEY PIPELINE. 3. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING. 4. PRESENTATION BY THE AMERICAN CANCER SOCIETY REGARDING RELAY FOR LIFE. City Council Agenda 2 December 6, 2005 WRITTEN COMMUNICATIONS 1. CORRESPONDENCE FROM THE CITY OF PALM DESERT REGARDING CHILD CARE FACILITIES IMPACT MITIGATION FEE FOR NON-RESIDENTIAL DEVELOPMENT, DATED NOVEMBER 9, 2005. APPROVAL OF MINUTES 1 . APPROVAL OF MINUTES OF NOVEMBER 15, 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 DECEMBER 6, 2005. 2. APPROVAL OF ANNUAL CONTINUING DISCLOSURE FOR THE CITY OF LA QUINTA 2000-01 ASSESSMENT DISTRICT FOR FISCAL YEAR END JUNE 30, 2005. 3. APPROVAL OF ANNUAL DISTRICT INFORMATION SHEETS FOR THE CITY OF LA QUINTA ASSESSMENT DISTRICT NOS. 92-1 AND 97-1 FOR FISCAL YEAR END JUNE 30, 2005. 4. APPROVAL OF FISCAL YEAR 2004/05 CITY OF LA QUINTA DEVELOPMENT PROJECT FEE REPORT. 5. ACCEPTANCE OF LA QUINTA DOWNTOWN PARKING LOT AND LIGHTING IMPROVEMENTS, PROJECT 20003-14, CDBG PROJECT NO. 4LQ029. 6. APPROVAL OF REQUEST FOR APPROVALS TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR THE AVENUE 52 BRIDGE IMPROVEMENTS, PROJECT NO. 2005-02. 7. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 32279, MIRAGE AT LA QUINTA, STANDARD PACIFIC COACHELLA VALLEY. 8. APPROVAL OF LEASE AGREEMENT WITH NEXTEL FOR INSTALLATION OF CELL TOWER AT FIRE STATION 70. 9. DENIAL OF CLAIM FOR DAMAGES FILED BY IDA FREEDMAN - DATE OF LOSS: JUNE 27, 2005. City Council Agenda 3 December 6, 2005 10. APPROVAL OF OVERNIGHT TRAVEL FOR THE GOLF AND PARKS MANAGER TO ATTEND THE GOLF COURSE SUPERINTENDENTS ASSOCIATION OF AMERICA'S INTERNATIONAL GOLF INDUSTRY TRADESHOW AND CONFERENCE HELD IN ATLANTA, GEORGIA FROM FEBRUARY 6-1 1 , 2006. 11. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM WINDEMERE REAL ESTATE AND CHICAGO TITLE FOR "BREAKFAST WITH SANTA" EVENT. 12. ADOPTION OF RESOLUTIONS REVISING RESOLUTION NUMBER 98-14, REGARDING SOLICITATION OF BIDS AND AWARD OF CONTRACTS FOR PUBLIC WORKS PROJECTS, AND REVISING RESOLUTION NO. 2003-026 REGARDING SOLICITATION AND SELECTION OF FIRMS AND AWARD OF CONTRACTS FOR SERVICES. 13. APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DAVID EVANS AND ASSOCIATES, INC., FOR DESIGN OF THE CITY HALL EXPANSION, PROJECT NO. 2002-01 . 14. APPROVAL OF AMENDMENT NO. 1 TO THE CONTRACT FOR SERVICES AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND HDR ENGINEERING, INC. TO PROVIDE SERVICES RELATED TO ENVIRONMENTAL COMPLIANCE DOCUMENTATION FOR A SPECIFIC PLAN, ENVIRONMENTAL IMPACT REPORT, & TECHNICAL REPORTS FOR A COSTCO COMMERCIAL CENTER, TO BE LOCATED SOUTH OF HIGHWAY 111 AND WEST OF THE LA QUINTA EVACUATION CHANNEL & JEFFERSON STREET. BUSINESS SESSION 1. CONSIDERATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2005. A. MINUTE ORDER ACTION 2. CONSIDERATION OF RESIGNATION OF CULTURAL ARTS COMMISSIONER AND REQUEST FOR REAPPOINTMENT. A. MINUTE ORDER ACTION 3. CONSIDERATION OF A PRELIMINARY COST ESTIMATE AND POTENTIAL OPTIONS FOR ESTABLISHMENT OF STREET IMPROVEMENT MODIFICATIONS, TO INCLUDE A DECELERATION/ RIGHT -TURN LANE AND ALTERNATIVE ACCESS CONFIGURATION, AT 47-647 CALEO BAY DRIVE. A. MINUTE ORDER ACTION City Council Agenda 4 December 6, 2005 4. CONSIDERATION OF A RESOLUTION IN SUPPORT OF THE GREEN PATH PROJECT. A. RESOLUTION ACTION 5. CONSIDERATION OF APPROPRIATION OF FUNDING AND AWARD OF THE FISCAL YEAR 2003/2004 TRAFFIC SIGNAL IMPROVEMENT PROGRAM, PROJECT NO. 2003-15. A. MINUTE ORDER ACTION 6. CONSIDERATION OF GOLF TOURNAMENT PARTICIPANTS FOR THE JIM MURRAY SilverRock ALUMNI CHALLENGE. A. MINUTE ORDER ACTION 7. CONSIDERATION OF MEMBERSHIP STATUS IN RELATION TO THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY. A. MINUTE ORDER ACTION 8. CONSIDERATION OF CITY COUNCIL REORGANIZATION. A. MINUTE ORDER ACTION 9. CONSIDERATION OF CITY COUNCIL RETREAT/WORKSHOP. A. MINUTE ORDER ACTION. STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1 . ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (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) ai City Council Agenda 5 December 6, 2005 10. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 1 1 . PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 14. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 15. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) DEPARTMENT REPORTS 1 . CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. REPORT ON 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•nn 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 speaker's podium. City Council Agenda 6 December 6, 2005 f CIO PRESENTATIONS 1 . LA QUINTA MIDDLE SCHOOL ART WALL PRESENTATION AT 7:00 P.M. PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta City Council before a public hearing may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. CONTINUED PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION APPROVAL OF SITE DEVELOPMENT PERMIT 2005-838, CONDITION NOS. 35 AND 40(a). APPELLANT: WASHINGTON 1 1 1, LTD. A. RESOLUTION ACTION 2. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS FOR 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2005-537; AND 2) CONSIDERATION OF TENTATIVE TRACT MAP 33085, TO SUBDIVIDE ±4.3 ACRES INTO 7 RESIDENTIAL LOTS, LOCATED AT THE SOUTHWEST CORNER OF MADISON STREET AND BETH CIRCLE. APPLICANT: CORE HOMES, L.L.C. A. RESOLUTION ACTIONS 3. PUBLIC HEARING TO CONSIDER A DEVELOPMENT AGREEMENT FOR PARKING MANAGEMENT, TO ALLOW CONSTRUCTION OF A ± 10,709 GROSS SQUARE FOOT, TWO-STORY RETAIL/OFFICE BUILDING, IN THE VILLAGE AT LA QUINTA, AS APPROVED UNDER VILLAGE USE PERMIT 2005-027. APPLICANT: CALLE ESTADO, L.L.C. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B. INTRODUCE ORDINANCE ON FIRST READING. City Council Agenda 7 December 6, 2005 ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on December 20, 2005 commencing with closed session at 2:00 p.m. and open session at 3:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of December 6, 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 December 2, 2005. DATED: December 2, 2005 JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. City Council Agenda 8 December 6, 2005 Z ESTABLISHEDIN 1918 AS A PUI PRESENTATION: a_ POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (760) 398-2651 • FAX (760) 398-3711 DIRECTORS OFFICERS PETER NELSON, PRESIDENT STEVEN B. ROBBINS. PATRICIA A. LARSON, VICE PRESIDENT GENERAL MANAGER -CHIEF ENGINEER TELLIS CODEKAS MARK BEUHLER, JOHN W McFADDEN ASST. GENERAL MANAGER RUSSELL KITAHARA JULIA FERNANDEZ, SECRETARY October 28, 2005 DAN PARKS, ASST. TO GENERAL MANAGER REDWINE AND SHERRILL, ATTORNEYS File: 0643.5216 Tom Genovese, City Manager City of La Quinta 78-495 Calle Tampico , .{ La Quinta, CA 92253 Dear Mr. Genovese: The District Board of Directors has requested that we make a brief presentation of the proposed Mid -Valley Pipeline to each City Council in our service area. The Mid -Valley Pipeline is a non potable system that will provide imported water service to golf courses in the Upper Coachella Valley. This important project is a key element of the Coachella Valley Water Management Plan, and will reduce the groundwater overdraft by 30,000 to 50,000 acre-feet per year. The Board of Directors believes that public education and involvement are critical to the success of this project. The District's brief presentation by Patti Schwartz, Assistant Director of Engineering, will focus on how the Mid -Valley Pipeline ties into the Water Management Plan and how it impacts the City of La Quinta. The District respectfully requests to be placed on the La Quinta City Council agenda, at the Council's earliest convenience. Your staff may confirm a date and time with Ms. Schwartz. If you have any questions, please call me, extension 2263, or Ms. Schwartz, extension 2270. PS: sa\engr\schwartz\05\oct\genovcse You =very t Steve Robbins General Manager -Chief Engineer TRUE CONSERVATION USE WATER WISELY l o History Early 1900s, Farming developed in the lower valley Groundwater levels dropped Artesian wells ceased flowing CVWD formed in 1915: to protect local water sources Groundwater continued to drop until Colorado River water was 0 introduced t0 by canal 20 30 in 1949 ... = 40 3 50 0 a 60 C 70 60 90 100 1920 1930 1940 1950 1960 1970 1980 1990 2000 2010 Year ... Groundwater dropped again in the 1980s, as much as 60 feet in some areas of lower valley. 12 Coachella Valley Water Management Plan Goal is to ensure adequate supply of high quality affordable water, long into the future Maximize Groundwater Storage Minimize environmental and economic impacts 3 a: i Conserik n-�-boa Groundw w Current Status of the Plan Lists projects to reduce overdraft Focus now on implementation of the plan and projects Hired consultant in January 2004 to identify projects Formed an Implementation Task Force in January 2005: • to prioritize and implement over 50 projects • Provide public input and support • Representatives from Cities, Other wateragencies, Special interest groups, Concerned citizens A, ip ,- � J d �61 Impacts to City of La Quinta We have chosen alignment which minimizes construction impacts. Phase 1 construction in Whitewater River R.W. through La Quinta No impacts in later phases Four Streets may be impacted. . Jefferson Street - under new bridge . Dune Palms Road Wash Crossing . Adams Street Wash Crossing . Washington Street — under bridge Impacts to City of La Quinta No La Quinta golf Courses will be served by this system Canal Water is now available to all La Quinta Golf Courses Almost all currently use Canal water successfully . PGA West • Rancho La Quinta . The La Quinta Hotel • The Tradition . Mountain View . The Hideaway and Madison Clubs . Silver Rock Final Concept Report Completed in October 2005 Proposes to maximize and supplement recycled water program Reduce groundwater dependence for as many as 50 golf courses in mid valley area Public Outreach 1. Met with City Engineers Conducted Public Workshop for Golf Course Superintendents and Cities Concerns include . Water Quality . System Control . Cost impacts . Planning . Competitive disadvantage Future Public Involvement Forming a Task force of Golf Industry and CVWD Professionals to address concerns Coordinating with Cities and County City Council Presentations Water Wise, press releases Available at request to speak to and encourage feedback from interested groups Schedule Request for engineering proposals out . Plan to award engineering in February. 12 month design phase ti Start Construction Phase, . March 2007"" 18 months for . Construction of Phase 1 fi . Design of Phase 2 First Phase operational by Mid 2008 Begin construction Phase 2 Mid 2008 PRESENTATION: T-411vl 4 stP QUM& MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: November 30, 2005 d SUBJECT: Relay for Life On Monday, November 28'", the Mayor and I met with Dick Schroeder and Victoria Bailey, representing the American Cancer Society's "Relay for Life" charity event, to be held at the Empire Polo Club on March 4-5, 2006. Mr. Schroeder indicated that they would be interested in utilizing Civic Center Campus for a "kickoff" event on January 28, 2006, from 10:00 a.m. to 2:00 p.m. Mr. Schroeder was advised to submit a letter to the City with the request; a copy of the letter is attached. In addition, Relay for Life representatives will be making a presentation at the December 6, 2005, City Council Meeting. Relay for Life has requested use of the Campus at no cost. Per the City's Facility Use Policy, non-profit organizations are not exempt from facility use fees. The fees to use the Civic Center Campus are $75.00 per hour plus a $100 refundable deposit, which would total $400 for this proposed event. The Council may wish to place this item on its December 6, 2005 agenda as an urgency item, as the Relay for Life representatives would need to publish and disseminate information regarding the proposed event as soon as possible. There are adequate funds in the Community Services Special Projects Contingency account to fund this request. 23 0 P I XY rop 85 LIFE f RELAY FOR LIFE ` era �� ✓ r r tie- f g41-t.. . FAST (_'O i('I11"I.t, k NAI,I.,E Y 1011, 1y hOIZ I,Ih11' - f;mpil-e 111olo C hill) 'March 4 2006 November 29, 2005 Thomas P. Genovese City Manager City of La Quinta P.O. Box 1504 La Quinta, Ca. 92253 Dear Tom, It was a pleasure meeting with _you and Mayor Adolph to discuss the East Valley Relay for Life. March 4"' and 5th. 2006. The Relay is the American Cancer Society's signature fundraising event. We discussed having a kick-off event on Saturday. January 28th, 2006 in La Quinta and calling it "Picnic in the Park." We would like to hold this event in the city's park from 10 am until 2:00pm and we will be responsible for the event which includes setup, food, refreshments and clean up. We will also utilize other La Quinta organizations and volunteers to help make this happen. Lntertainnient will be provided in the amphitheater. We will work out all the details and only ask that the City of La Quinta allow us the use of the park at no cost. Sincerelv. Victoria Bailey Public Relations Director Itl t i d31b i.Gl:l. �� �, �.� �. _ !,.� ,�� 1 �, ,� . i. I�:.�tit � t2cl r _I_A . hdd 1, 3)_� III' 0f r H [ M IlliiG 73-5io F PALM Dr, WRITTEN CORRESPONDENCE ITEM: TEL:76o i46—o6ii FAX: 760 340-0574 info(-palm-dcscrcorg November 7, 2005 The Honorable Don Adolph Mayor of the City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Dear Don: On behalf of the children needing child care services in Riverside County, I am asking your city to consider our lead in securing funds for much needed facilities. Please consider the following statement from Nancy Maich, Special Projects Coordinator for First Five Riverside, working under a grant from the Packard Foundation to increase child care capacity. The economic impact of the child care industry in Riverside County (September 2005) clearly outlines the critical need to address the increasing demand for child care services. The fill report can be found at wtivw.rcc c.org. It tells its that child care services enable parents to work and upgrade their- work force skills, supports eniployee productivity, but most importantly helps to build a strong future economy for Riverside County by preparing our next generation for success and attracting new business to our cities and the County. More than ever before, business, govermnerrt, and child care leaders need to work together to shore up the child care industry. Ordinance 41101 for the City of Palm Dsert is an innovative solution that will help overcome some of the barriers that plague the child care industry and our constituency who so desperately treed it. The City of Pahn Desert has demonstrated how strongly it feels about this issue and with the help of other cities and the County, we can and will ensure that those who need these facilities will have the best and raise Riverside County's status from 56th on the list to first. A copy of Ordinance 1101 is enclosed and I thank you for your consideration and assistance as together we make the difference that is needed. S4 r ly, i JEANB ENSON CO U CILMEMBER f !- PRItIIE� 01 IRMID NP[X c ORDINANCE NO. 1101 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING A CHAPTER TO THE CITY OF PALM DESERT MUNICIPAL CODE TO ESTABLISH A CHILD CARE FACILITIES IMPACT MITIGATION FEE FOR NON-RESIDENTIAL DEVELOPMENT THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 3.45 is hereby added to the City of Palm Desert Municipal Code to read as follows: 3.45.010. Purpose, Use, and Findings. The City Council finds and determines as follows: A. As recognized by both State and local law, child care has become an increasingly important community service that is difficult for many families to secure due to lack of available facilities and spaces and/or because of cost. Good quality child care services are an essential service for working parents and such child care facilities can contribute positively to a child's emotional, cognitive and educational development. The State has acknowledged the need for quality child care facilities in both the Health and Safety Code and the Government Code. Similarly, the City's General Plan states that the City should encourage the availability of adequate, convenient, affordable child care that is accessible to all economic segments of the community. B. The purpose of this chapter is to create a child care facilities impact mitigation fee that will apply to new, non-residential development in the City. This fee will further the public health, safety and welfare by funding the construction of needed child care facilities in the City. This chapter is thus consistent with both the State's policy of, encouraging quality child care facilities and with the City's General Plan. The City has the authority to enact this Chapter pursuant to Article XI, Section 7 of the California Constitution and in accordance with the Mitigation Fee Act, Government Code Sections 66000 et seq. C. Based on the findings of the City of Palm Desert, the purpose of the child care facilities impact mitigation fee enacted by this chapter is to fund required capital improvements to create new child care facilities or new spaces or improvements to existing child care facilities in the City that will be available to serve the new employees working in new, non-residential developments in the City. The City Council finds that non-residential development results in businesses whose employees require child care. This child care facilities impact mitigation fee requires new non-residential development to pay its reasonable share of the increased need for child care facilities generated by such development. D. The City will use the child care facilities impact mitigation fee to construct or cause the construction of new child care facilities or for the expansion or ORDINANCE NO. 1101 improvements of existing child care facilities in the City. Without limitation due to i enumeration, the City shall use the child care facilities impact mitigation fee to construct i or cause the construction of new day care centers, new family day care homes and the expansion of existing day care centers and family day care homes. The City's use of the child care facilities impact mitigation fee shall be consistent with the City's Child Care Facilities Master Plan, which may be updated from time to time. Recipients of child care impact fees shall be required to enter into agreements that secure to the City, over time, the benefits derived from those investments, ensuring that the objectives of this Title are achieved. E. There is a reasonable relationship between the need for the facilities identified in the City's Child Care Facilities Master Plan and the types of development projects upon which this fee is to be imposed. New, non-residential development in the City generates new businesses that need new employees. Many of these new employees require child care facilities. The City anticipates that 19,500 new jobs will be created through build -out of the parcels with non-residential land use designations in the City's General Plan. As more particularly stated in the City's Child Care Facilities Impact Fee Nexus Study, it is estimated that these new jobs generated by this new non-residential development will create the need for a substantial number of child care spaces in the City. This need created by this new development may be satisfied by the construction of new day care centers or family day care homes or by the expansion of such facilities. Therefore, the facilities to be funded by the child care facilities impact mitigation fee bear a reasonable relationship to the type of development project on which this fee is to be imposed. F. The use of the child care facilities impact mitigation fee bears a reasonable relationship to the type of development project on which this fee is to be imposed. The City will use the fee to construct or cause the construction of new, expanded or improved child care facilities. As documented in the Child Care Facilities Impact Fee Nexus Study, these new, expanded or improved facilities are needed to address the needs of new employees working at the new, non-residential developments to which the fee applies. Therefore, the fee's use bears a reasonable relationship to the type of development project on which this fee is to be imposed. G. In any action imposing this child care facilities impact mitigation fee as a condition of approval of a development project, the City shall determine how there is a reasonable relationship between the amount of the fee and the cost of the facility or portions of the facility attributable to the development on which this fee is to be imposed. 3.45.020. Definitions. As used in this chapter: A. "Light Industrial" refers to facilities designed to accommodate a variety of light manufacturing operations, warehousing and distribution activities. B. "Child Care Facility" means either a day care center or a family day care home. ORDINANCE NO. 1101 C. "Child Care Facilities Impact Mitigation Fee" or "Fee" means the fee festablished pursuant to this chapter. D. "Child Care Facilities Impact Mitigation Fee Fund" means the fund established pursuant to Section 3.45.040. E. "Child Care Facilities Impact Fee Nexus Study" means the study adopted by the City Council which supports the fee established by this chapter. F. "Child Care Facilities Master Plan" means the plan adopted by the City Council setting forth the facilities to be constructed with the fee. G. "Retail/Service Commercial includes facilities designed to accommodate a wide range of business establishments providing products and services to the general public including but not limited to grocery stores, restaurants, clothing stores, hardware and building supplies, beauty salons and dry cleaners. H. "Day Care Center" means a day nursery as defined in Section 25.04.240 of this Code. I. "Family Day Care Home" means both a large and small family day care home as defined in Section 24.04.307 of this Code. J. "Mixed Use Project' means a development containing any l combination of /light industrial, retail/service commercial, office and/or resort/hotel development. K. "Non -Residential Development' means a light industrial, commercial/retail, mixed use, office or resort/hotel development. L. "Office" refers to buildings designed to accommodate a variety of professional users including but not limited to medical, accountants, lawyers, insurance, real estate, engineering, architecture, banking and finance. M. "Resort/Hotel" means developments providing lodging and associated services to the visiting public. 3.45.030. Establishment of Child Care Facilities Impact Mitigation Fee. A. There is hereby established a child care facilities impact mitigation fee that shall apply to non-residential development in the City and that shall be used to construct or to cause the construction, expansion or improvement of child care facilities in the City. B. The amount of the child care facilities impact mitigation fee shall be set forth in a resolution of the City Council, which may be amended from time to time. C. The amount of the Child Care Facilities Impact Mitigation Fee shall be automatically updated on the anniversary of the enactment of this chapter by the �. v ORDINANCE NO. 1101 increase in the Riverside/San Bernardino County Consumer Price Index (CPI-U: All Items) as published by the Bureau of Labor Statistics. (I 3.45.040. Establishment of the Child Care Facilities Impact Mitigation Fee Fund. f A. There is hereby established a child care facilities impact mitigation fee fund into which the child care facilities impact mitigation fee shall be deposited. B. Money from the child care facilities impact mitigation fee fund shall be expended solely by the City to construct or cause the construction of the child care facilities identified in the Child Care Facilities Master Plan or improvements to existing facilities. . C. The Finance Director shall administer the fund and shall cause the audit and reporting requirements of Government Code Sections 66001 and 66006 to be completed. 3.45.050. Calculation and Payment of Fee. A. Pursuant to the fee resolution adopted by the City Council, the Director of Community Development shall calculate the fee applicable to any non- residential development project and determine the facility to be constructed with the fee. The decision of the Director ' of Community Development is subject to the appeal process set forth in Section 3.45.080. B. All required fees enacted by this Chapter must be paid to the City prior to issuance of the building permit for the development. 3.45.060. Exemptions and Credits. A. Development of a child care facility shall be exempt from payment of the fee. B. A developer may request an offset against any required fee for the construction of a child care facility, land dedication for a new child care facility, or other approved improvements or facilities. A developer must apply to the City Council with a specific proposal regarding obtaining such a credit. C. Developers or developments that have constructed a child care facility pursuant to a development agreement or other agreement with the City may receive a credit against the required fee but shall not be entitled to be reimbursed for the cost of the facility that exceeds the fee obligation. D. Recipients of fee offsets shall enter into agreements with the City, ensuring that the mitigation alternatives continue to implement the objectives of the Title over the useful life of the subject commercial development. ORDINANCE NO. 1101 3.45.070. Mixed Use Projects. A. For mixed use projects, the fee shall be charged according to the mix of uses within the development to which the fee applies. For example, if a development contained 10,000 square feet of retail and 20,000 square feet of office, the total fee would be the sum of the fees applicable to a 10,000 square feet retail project and a 20,000 square feet commercial project, using the fee amount applicable to each such project type. B. Director of Community Development shall calculate the fee for a mixed use project pursuant to the provision of sub -section A above, and such determination of shall be subject to the appeal procedures of Section 3.45.080. 3.45.080. Appeal Procedure. A. Notwithstanding any other provision of this chapter, any person shall have the right, upon payment of an appropriate fee established by Section 3.45.040, to appeal to the city council the determination concerning the amount of the fee to be paid or the type of facility to be constructed. B. An appeal shall only be heard if filed with the city within ninety days after imposition of the development impact fees. C. The City Council shall have the authority to: (1) Change the amount of the fee when it finds that the amount so established is incorrect or inequitable in the specific case; and/6r s (2) Change the size and/or loceiion of a facility or portion thereof. D. Any such changes shall be in conformity with the spirit and intent of this chapter. E. The appellant shall have the burden of establishing the basis for the appeal and facts to support the appellant's appeal. The Director of Community Development shall then make a recommendation to city council. Any decision by the city council shall be final. SECTION 2. The City Council hereby finds that this Ordinance is exempt from further environmental review pursuant to the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) ("CEQA") because, pursuant to Section 15378(b)(4) of the California Code of Regulations, this Ordinance does not constitute a "project" because it constitutes merely the establishment of government fiscal activities potentially significant physical impact of the environment. Therefore, City staff is hereby directed to file a Notice of Exemption with the County Clerk within three (3) days following the adoption of this Ordinance. r, n ORDINANCE NO. 1101 SECTION 3. If any section, subsection, sentence, clause phrase or word of this �- Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or E legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Palm Desert hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to any such decision or preemptive legislation. SECTION 4. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once, in a newspaper of general circulation, published and circulated in the City of Palm Desert, California. This Ordinance of the City of Palm Desert shall be effective thirty (30) days after the date of its passage. PASSED, APPROVED, and ADOPTED this 13th day of October, 2005, by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: BENSON, KELLY, SPIEGEL, and FERGUSON NOES: NONE ABSENT: CRITES ABSTAIN: NONE ATTEST: RA HELLE D. KLAS rN, CiTY CLERK CITY OF PALM DESEkT, CALIFORNIA APPROVED TO FORM: Davi J. E n, City Attorney � Fes. ���, or'��� AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: DECEMBER 06, 2005 ITEM TITLE: Demand Register Dated December 06, 2005 RECOMMENDATION: BACKGROUND: Prepaid Warrants: 66087 - 661021 66103 - 661041 66105 - 661321 66133 - 661541 Voids} Wire Transfers} P/R 33019 - 330381 P/R Tax Transfers) Payable Warrants: 66155 - 663491 FISCAL IMPLICATIONS: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING Approve Demand Register Dated December 06, 2005 24,327.24 67,000.00 166,107.77 12,306.77 (1,651.00) 263,261.67 153,115.93 39,136.26 1,781,565.04 $2,505,169.68 Demand of Cash -City $2,140,168.24 Demand of Cash -RDA $365,001.44 John M. Falconer, Finance Director CITY OF LA QUINTA BANK TRANSACTIONS 11/09/05 - 11/30/05 11/15/05 WIRE TRANSFER - LANDMARK 11/17/05 WIRE TRANSFER - PERS 11/17/05 WIRE TRANSFER - ICMA $241,111.04 $14, 782.90 $7, 367.73 TOTAL WIRE TRANSFERS OUT $263,261.67 r- In N 1 1 O �t I I N m O 'T O O O In O N O 0 I V ¢ I O I w r l c- �t O M W In O 10 M M O .O N Q` O` w N Cr l u r 1 O O N Cc w I I m M 1 1 0 Z I I H I I W r I I w = I I d O I I lDW 1 rZ 1 H I Q I -K iC iC -K i� iC iC iC -K iC r I O r l Z I �: w I O I ¢� 1 I`SNOM�T �TO�O OIn r-MI�O�NIn 10000N W00 00 S1 00 00 00 010, 00 rO rON O 1 \1 Ol rn ti O N tI �t O O 0D �t 00��N O ti 1�N Nl Ol r-ti 00 �O �O 00 00 00 O�O� 00 f`ti� U 1 W U I u I u(n I I`O`f+) rn 10 In I`tiN0 0000 ti S O`JO1 in 13 00 N1 N1 0000 0In 00 10 \0 MM �O `DM Q I ZN 10 O\ It NOIn r) It It 1010 NN 010, 1010 13 O`O` Ntitn I ¢0 I O c-� OO �t �t NN I r i M M `- I H O I I � I I W r I I Z I 1 � I 1 1 I 1 1 I 1 1 m 00 W I-NNNNN NNNNNNN NNNN O D` O M O It N I 1 00 00 00 No In In to vl In In i In In In In In O M 0 In � � I I I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I I 1 1 1 I I 1 I M M M M \O \0 . 10 . \0 10 �O \0 \0 10 10 �0 \0 �0 �0 10 M - M 0 \0 M \O N N I I S 't 4 S In In In In In In In In In In In In vi In In In In rn -t rn O r+ In In 1 1 M c- I Z I c--MMMMMMMMMMMMMMMMM M M In �T N 1O InIn In M 't 't't S S Z I O I 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 I I I I I I U I 00W met �t M�tMMM�1MMMM1M�i'MM M O �O N Y I v l 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O In O O 00 Z I Q I O O O O O O O O O O O O O O O O O O O O O O O O O O O O 00 Q I 1 In In viN tit`titititi ti ti lh ti ti h N. ti ti ti f` O ti N1 10 In 10 KlM m I I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 I I I 1 1 I I r 1 I O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 1 � I 1 w I I r 1 1 N I 1 H I I 0 I I W I 1 0 N In 0 In Vl In 0 Ln V1 In In In N Ln In In In In In to In In Ln lP Ln In In In to I I O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O 00 I I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O Y I I N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N w I r I a, Ol Ol O` Ol a, a, Ol O` a, a, O, a, O`O� O` Ol Ol Ol a, D` Ol Q` D` O� Ol Ol O, OO� S I¢ I N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N u I a t I \\\\\\\\\\\\\\\\\\\\ \ \ \ \ \ \ \ \ \\ I - - - - - J 1 I m I I a I I r Ioo1 a 1 • z 1 d I d I 1 I N I I r I 1 Z I CC 1 NNN O�NNNNNNNNNNNN NNNN N N N N I� N 00 N 0 I w I OOOMMMMM MM rn rn M rn rn MMMM M c- M O O rnLn In MM O I S O 1 Vl In n to In In In ILn In In In Ul Wl In In Ill In In In In In In Vl In In 0 0 LnO 0 0 In u I U Z I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O u I� 1 O O O O O O O O O O O O O O O O O O O O O O O O O O O O 00 ¢ 1 0 1 O O O O O O O O O O O O O O O O O O O O O O O O O O O O co I > I 1 I W ¢ N U N (n H N H I I W V Q > 1 Icn I I Y w O [C fn to w 1 I J W O N Y N 1 I a V 3 Z ¢ 0 d H r O � I I O > W u (D 3 I I N w z H Z O W y H U IL 1 I J tN to Z Z H H 1 I ¢ N W Z J Z Q I I W H Y w Of Q m N 1 K I � U r m J O J 7 s z l o zm ui w 1 ¢ N u. a a o I o � I 3 10 O Y I Z Q I o 7 O - Z I W Z I CC 0 N U 3 Q ¢ ¢ •• H¢ I> I ¢ Z H W Q u V U d J Q H H H H ¢ 1 I Q O Cr i V O I I W W r r U U W w W W ( I 1 U U 2- In .� I 1 a a ¢ a a ¢ a ¢ a a o a¢1 I o r IL I I N J Z I I N 10 N �t 10 --10 H (n I I �7' O` o �T O. 1 D J 1 0 I 1 N N O N N N NM a_j I no I N N --I--W I Z z I C7 ¢ 3 I W I J I > I [] •• 1 IL z W 0 1 1 to \0 ti 00 0` O M¢00 1 I In n v, In ¢ Of I Y I - r r r r d U >.Y I U I \10 10 10 10 10 �O 10 10 10 10 r Z I W O 1 10 10 10 10 10 1 10 1 �O w 0 a d V m I V I A N V) N I I O O O` O S O O 10 N1 O 00 (l- O` 00 n" \ I Y J I O O` M V\ O N cM O o0 DO 10 I U Q I . 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O O O O N N N N N N N N N Ol Ol Ol O\ O, Ol Ol p 00000 00 —0 c- w cnO 00000 00 10 W O 00000 00 0 0 ¢ W J S N a F- N w W 0 W H .t I- 00 — = r0 Cl Ol0001 p. WO1 V\ 'T 3 'T 1 W It 3c- 00000 00 tnO Z O O O O O Z O O O o a 000000 000 z 0 W N N O Vl F- y H O H w a V r Z IL W H r \O 00 O` 00 ti 0 00 Q` 00 0l 1- It O �t O O, I- N1 O MO I�OOON �T O)O�O NO �O — 10 It .t 0 In N U �'t p— O10\OSfl NO,'t r O)n 0V))n 0,Oti N1O MI —O` Oo OOOOOO 00000 Or O o o 10 10 'o 10 .o O rn rn 02 0N 0rl-r--l-f- O�c- O J Q O F- Z CC O �a (�-uANct`t"c QaKrau GF� OFti� AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 6, 2005 CONSENT CALENDAR: ITEM TITLE: Approval of Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District STUDY SESSION: for Fiscal Year End June 30, 2005 PUBLIC HEARING: RECOMMENDATION: Approve, receive and file the Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2005. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 10, 1994, the Securities and Exchange Commission adopted amendments to existing federal regulations (Rule 15c2-12) for bonds issued after July 3, 1995, requiring issuers of municipal securities (Bond issues) to do the following annually for each bond issue: 1 . Prepare official statements meeting the content requirement of Rule 15c2- 12. 2. File certain financial information and operating data with national and state repositories each year. S _{ Prepare announcements of the significant events including payment defaults, defeasances and draws on a reserve fund as the events occur. Attachment 1 is the 2004/05 Annual Continuing Disclosure Statement for the City of La Quinta 2000-1 Assessment District - La Quinta, prepared in accordance with the three aforementioned requirements. Additionally, no announcement of significant events was necessary for Fiscal Year 2004/05. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve, receive and file the Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2005; or 2. Do not approve, receive and file the Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2005; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas G. Genovese, City Manager Attachment: 1. 2004/05 Annual Continuing Disclosure Statement for the City of La Quinta 2000-1 Assessment District 2 ATTACHMENT 1 CITY OF LA QUINTA ASSESSMENT DISTRICT NO. 2000-1 (PHASE VI IMPROVEMENTS) $2, 285, 000 LIMITED OBLIGATION IMPROVEMENT BONDS Riverside, California Dated: June 21, 2000 CUSIP: 504193 2005 ANNUAL CONTINUING DISCLOSURE INFORMATION STATEMENT DECEMBER 6, 2005 Also available at: MuniFinancial www.muni.com '� 3 LIST OF PARTICIPANTS CITY OF LA QUINTA www.la-quinta.org John Falconer Finance Director P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92247-1504 (760) 777-7150 DISCLOSURE CONSULTANT & DISSEMINATION AGENT MuniFinancial' Temecula, CA 92590 (951) 587-3500 Report available for viewing Cad www.muni.com UNDERWRITER Miller & Schroeder Financial, Inc. BOND COUNSEL Rutan & Tucker LLP Costa Mesa, California PAYING AGENT Brad Scarbrough U.S. Bank Trust, N.A. 633 West 5th Street, 24th Floor Los Angeles, California 90071 (213) 615-6047 * In its role as Disclosure Consultant and Dissemination Agent, Munil'inancial has not passed upon the accuracy, completeness or fairness of the statements contained herein. 0 1. INTRODUCTION Pursuant to an Official Statement dated June 21, 2000, the City of La Quinta, (the "City") issued $2,285,000 Assessment District No. 2000-1 (Phase VI Improvements) (the "District"), Limited Obligation Improvement Bonds (the "Bonds"). The Bonds were issued to finance the construction and acquisition of sewer improvements within the areas commonly known as Village Cove, Westward Ho Drive and Bottlebrush/Sagebrush/Saguaro Streets, which are located within the Assessment District. The City, which comprises approximately 35.05 square miles, is located in the Coachella Valley, twenty miles from Palm Springs and 127 miles from Los Angeles. The District includes three non-contiguous areas in the City. The three areas are the Village Cove section, Westward 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. The Bonds are limited obligation improvement bonds secured by unpaid assessments on the properties in the District. The Bonds are not a debt of the City, the State of California, or any of its political subdivisions and neither the City, the State of California, nor any of its political subdivisions is liable. The Bonds do not constitute indebtedness within the meaning of any constitutional or statutory debt limit or restriction. This Annual Continuing Disclosure Information Statement is being provided pursuant to a covenant made by the Agency for the benefit of the holders of the Bonds and includes the information specified in a Continuing Disclosure Certificate. For further information and a more complete description of the City and the Bonds, reference is made to the Official Statement. The information set forth herein has been furnished by the City and by sources, which are believed to be accurate and reliable but is not guaranteed as to accuracy or completeness. Statements contained in this Annual Continuing Disclosure Information Statement which involve estimates, forecasts, or other matters of opinion, whether or not expressly so described herein, are intended solely as such and are not to be construed as representations of fact. Further, the information and expressions of opinion contained herein are subject to change without notice and the delivery of this Annual Continuing Disclosure Information Statement will not, under any circumstances, create any implication that there has been no change in the affairs of the City or any other parties described herein. 2005 City of La Quinta, Assessment District 2000-1 9 1 5 IL BOND INFORMATION 2005 A. 11 PRINCIPAL OUTSTANDING Bond Issue Assessment District No. 2000-1 (Phase VI Improvements) Limited Obligation Improvement Bonds FUND BALANCES As of September 30, 2005 $1,575,000 Fund Name As of September 30, 2005 Reserve Fund $229,020 Reserve Requirement(') $223,040 As of June 30, 2005 Construction/Improvement $311,561 (1) The Reserve Requirement was calculated based on the lesser of a) maximum annual debt service on the outstanding bonds b) 125% of the average annual debt service on the bonds, or c) 10% of the original issue amount of the bonds as set forth in the Official Statement. Source: City of La Quinta, as compiled by MuniFinancial as of September 30, 2005. City of La Quinta, Assessment District 2000-1 2 ... N. 111. OPERATING INFORMATION A. PARCEL INFORMATION BY ZONING % Of Remaining Remaining Number of Assessment Assessment Parcels Land Structure Total Lien Value to Lien Lien Developed Commercial 25 $2,186,697 $11,214,483 $13,401,180 $99,511 134.67 6,37% Undeveloped Commercial 30 4,602,305 0 4,602,305 122,619 37.53 7.85% Subtotal Commercial 55 $6,789,002 $11,214,483 $18,003,485 $222,130 81.05 14.22% Developed Residential 325 14,220,307 45,218,297 59,438,604 1,079,423 55.07 69 13% Undevelo ed Residential 69 3,995,137 15,000 4,010,137 260,029 15.42 1665% Subtotal Residential 394 $18,215,444 $45,233,297 $63,448,741 $1,339,452 47.37 85.78% Grand Total 449 $25,004,446 $56,447,780 $81,452,226 $1,561,582 52.16 100.00% [)evelopment Status is based on County Land Use Codes and Structure Value. This table does not include two parcels paid off on November 9, 2005 (accounting for 0.48% of the remaining principal of the bonds) that were assessed in the Fiscal Year 2005/06 levy. Source Riverside County 2005/06 Secured Property Roll, as compiled by MuniFinancial. B. PARCEL INFORMATION BY DEVELOPMENT STATUS 2005/06 Assessed Value % Of Remaining Remaining Number of Assessment Assessment Parcels Land Structure Total Lien Value to Lien Lien Developed Commercial 25 $2,186,697 $11,214,483 $13,401,180 $99,511 134.37 6.37% Develo ed Residential 325 14,220,307 45,218,297 59,438,604 1,079,423 55.07 69.12% Subtotal Developed 350 $16,407,004 $56,432,780 $72,839,784 $1,178,934 61.78 75.50% Undeveloped Commercial 30 4,602,305 0 4,602,305 122,619 37.53 7.85% Undeveloped Residential 69 3,995,137 15,000 4,010,137 260,029 15.42 16.65% Subtotal Undeveloped 99 $8,597,442 $15,000 $8,612,442 $382,648 22.51 24.50% Grand Total 449 $25,004,446 $56,447,780 $81,452,226 $1,561,582 52.16 100.00% Development Status is based on County Land Use Codes and Structure Value. This table does not include two parcels paid off on November 9, 2005 (accounting for 0.48% of the remaining principal of the bonds) that were assessed in the Fiscal Year 2005/06 levy. Source Riverside County 2005/06 Secured Property Roll, as compiled by MuniFinancial. 2005 City of La Quinta, Assessment District 2000-1 3 `I 3 7 C. DELINQUENCY SUMMARY Number Number of Fiscal Of Parcels Annual Assessment Percent Year Parcels Delinquent Assessment Delinquent ill Delinquent 2000/01 468 1 $243,338 $512 0.21% 2001 /02 464 2 $245, 572 $1,122 0.46% 2002/03 463 3 $242,218 $1,298 0.54% 2003/04 464 8 $244,913 $3,985 1.63% 2004/05 452 25 $237,035 $10,864 4.58% (1) Amount delinquent as of September 23, 2005 Source: Riverside County, as compiled by MuniFinancial D. VALUE TO DEBT The following table sets forth by Value to Debt, the Remaining Bonded Debt and Assessed Value for parcels within the District. % Of Number 2005/06 2005/06 2005/06 Remaining Remaining of Assessed Land Assessed Total Assessed Assessment Assessment Ave ra a Value to Lien Parcels Value Structure Value Value Lien Lien Greater than 30 305 $20,945,607 $52,498,928 $73,444,535 $1,014,572.52 64.97% 20 to 29.99 55 1,951,582 3,121,692 5,073,274 201,492.69 12.90% 10 to 19.99 37 1,218,020 807,762 2,025,782 139,958.58 8.96% 5 to 9.99 15 589,811 18,044 607,855 81,805.65 5.24% 3 to 4.99 14 204,893 0 204,893 51,950.35 3.33% 1 to 2.99 14 75,317 1,354 76,671 44,276.89 2.84% Less than 1 9 19,216 0 19,216 27,525.29 1.76% Grand Total 449 $25,004,446 $56,447,780 $81,452,226 $1,561,581.97 100.00 0 This table does not include two parcels paid off on November 9, 2005 (accounting for 0.48% of the remaining principal of the bonds) that were assessed in the Fiscal Year 2005/06 levy. 2005 Source: Riverside County 2005106 Secured Property Roll, as compiled by MuniFinancial. City of La Quinta, Assessment District 2000-1 4 �� � ��O • �GL�c�t,1cv r= OF CttY Off' AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 6, 2005 BUSINESS SESSION: ITEM TITLE: Approval of Annual District Information CONSENT CALENDAR: Sheets for the City of La Quinta Assessment District Nos. 92-1 and 97-1 for Fiscal Year End June 30, STUDY SESSION: _ 2005 PUBLIC HEARING: RECOMMENDATION: Approve, receive and file the Annual District Information Sheets for the City of La Quinta Assessment District Nos. 92-1 and 97-1 for Fiscal Year End June 30, 2005 (Attachment 1). FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In an effort to monitor the condition of the City-wide Assessment Districts and to report to the investment community the status of the City Assessment Districts, district information sheets have been prepared. Based upon staff review of the Disclosure Information Sheets and based upon discussions with MuniFinancial, who prepared the documents, adequate reserves are available to meet debt service payments for the Fiscal Year 2004/05. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve, receive and file the Annual District Information Sheets for the City of La Quinta Assessment District Nos. 92-1 and 97-1 for Fiscal Year End June 30, 2005; or 1 . Do not approve, receive and file the District Information Sheets for the City of La Quinta Assessment District Nos. 92-1 and 97-1 for Fiscal Year End June 30, 2005; or 2. Provide staff with alternative direction. Respectfully submitted, r John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . 2004/05 District Information Sheets for the City of La Quinta Assessment District Nos. 92-1 and 97-1 �U 2 ATTACHMENT 1 District Information Sheet Assessment District No. 92-1 City of La Quinta, Riverside, CA BOND STATUS as of 11/18/2005 Outstanding Principal: $350,000.00 Annual Debt Service For Amount 2005 $ 155,920.00 2006 $ 128,900.00 DISTRICT STATUS No. of Fiscal Amount Percent Parcels Range of Annual Assessments Year Assessment Delinquent Delinquent Delinquent for Fiscal Year 2005/06 2004/05 $154,700.92 $4,856.60 3.13% 64 Highest Annual Assessment Per Parcel: $2,087.34 2005/06 $158,926.34 $0.00 0.00% 0 Lowest Annual Assessment Per Parcel: $1.82 Average Annual Assessment Per Parcel: $172.56 BOND SUMMARY INFORMATION Original Issue Amount (Par) $1,880,891.50 Final Maturity: September 2, 2008 Date of Issuance September 1, 1993 Bond Call Notice (days) 30 Coupon Payment Dates March 2, September 2 DISTRICT SUMMARY INFORMATION Overall Assessed Value / Lien Ratio 618.01 Total Assessed Improvements $143,703,863.00 Total Assessed Value $193,425,941.00 Total Assessed Land $49,722,078.00 Type of Improvements Storm drains, streets, water ACTIVE PARCEL INFORMATION as of 06/30/05 Number Percentage of Percentage of Annual Category of Parcels Total Parcels Assessment Improved Parcels 846 91.86 % 90.32% Unimproved Parcels 75 8.14 % 9.68% Total 921 100.00 % 100.00% FUND BALANCE INFORMATION Fund As of Date Balance Type of Investment Funds Administered By Redemption Fund September 30, 2005 $16,591.55 N/A Held By City Reserve Fund September 30, 2005 $144,060.67 N/A Held By City Approx. Reserve Requirement: $131,750.00 All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by MuniFinancial from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: MuniFinancial 27368 Via Industria, Suite 110 Temecula, CA 92590 (951) 587-3500 www.muni.com Page 1 of 2 District Information Sheet Assessment District No. 92-1 City of La Quinta, Riverside, CA OUTSTANDING DELINQUENCY INFORMATION as of 09/23/05 Total Delinquencies Delinquency Rate Delinquent No. Tax Year Assessment (current) (current) of Parcels 2000101 $185,973.20 $0.00 0.00% 0 2001/02 $188,969.18 $287.32 0.15% 1 2002/03 $186, 319.04 $487.08 0.26% 2 2003/04 $190,689.54 $1,546.30 0.81% 6 2004/05 $154,700.92 $4,856.60 3.13% 64 PARCEL OWNERS (REPRESENTING 5% OR MORE OF TOTAL ASSESSMENT) based on County Property Data as of 06/30/05 Number % of Total Annual Assessment % of Annual Assessed Owner of Parcels Parcels for Fiscal Year 2005/06 Assessment Value _ There are currently no parcel owners representing 5% or more of the total N/A N/A N/A N/A N/A assessment. Aggregate information for each owner listed is based on owner name as shown on the applicable secured roll maintained by the county. Accordingly, variations in the owner name shown on the secured roll may cause multiple listings for the same owner or for the data to be incomplete. CALL PROVISIONS Optional Redemption: PRINCIPLE UNDERWRITER M.L. Stern & Co. VALUE TO LIEN RATIO: as of 06/30/05 % of Total Value to Lien No. of % of Aggregate Remaining Remaining Ratio Parcels Total Parcels Assessed Value Assessment Lien i'i Principal 30:1 and Above 895 97.18% $193,306,146.00 $304,332.40 97.24% 10:1 to 29.99:1 22 2.39% $107,494.00 $7,369.76 2.35% 51 to 9.99:1 4 0.43% $12,301.00 $1,282.00 0.41% 11 to 4.99:1 0 0.00% $0.00 $0.00 0.00% Less than 3:1 0 0.00% $0.00 $0.00 0.00% Undefined 0 0.00% $0.00 $0.00 0.00% Total 921 100.00% $193,425,941.00 $312,984.16 100.00% (1) Remaining Assessment Lien is reduced by any principal amounts included on the 2005/06 Annual Assessment. All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by MuniFinancial from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: MuniFinancial 27368 Via Industria, Suite 110 Temecula, CA 92590 (951) 587-3500 www.muni.com Page 2 of 2 District Information Sheet Assessment District No. 97-1 City of La Quinta, Riverside, CA BOND STATUS as of 11/18/2005 Outstanding Principal: $520,000.00 Annual Debt Service For Amount 2005 $ 59,900.00 2006 $ 58,460.00 DISTRICT STATUS No. of Fiscal Amount Percent Parcels Range of Annual Assessments Year Assessment Delinquent Delinquent Delinquent for Fiscal Year 2005/06 2004/05 $65,540.80 $0.00 0.00% 0 Highest Annual Assessment Per Parcel: $650.32 2005/06 $64,813 60 $0.00 0.00% 0 Lowest Annual Assessment Per Parcel: $328.32 Average Annual Assessment Per Parcel: $617.27 BOND SUMMARY INFORMATION Original Issue Amount (Par) $745,000.00 Final Maturity: September 2, 2018 Date of Issuance December 3, 1998 Bond Call Notice (days) 30 Coupon Payment Dates March 2, September 2 DISTRICT SUMMARY INFORMATION Overall Assessed Value / Lien Ratio 46.56 Total Assessed Improvements $18,904,690.00 Total Assessed Value $24,880,214.00 Total Assessed Land $5,975,524.00 Type of Improvements Roads, water, sewer, landscape ACTIVE PARCEL INFORMATION as of 06/30/05 Number Percentage of Percentage of Annual Category of Parcels Total Parcels Assessment Improved Parcels 105 100.00% 100.00% Unimproved Parcels 0 0.00% 0.00% Total 105 100.00% 100.00% FUND BALANCE INFORMATION Fund As of Date Balance Type of Investment Funds Administered By Redemption Fund September 30, 2005 $21,977.21 N/A Held By City Reserve Fund September 30, 2005 $62,926.21 N/A Held By City Approx. Reserve Requirement: $61,160.00 All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by MuniFinancial from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: MuniFinancial 27368 Via Industria, Suite 110 Temecula, CA 92590 (951) 587-3500 www.muni.com Page 1 of 2 13'1 5 , District Information Sheet Assessment District No. 97-1 City of La Quinta, Riverside, CA OUTSTANDING DELINQUENCY INFORMATION as of 09/23/05 Total Delinquencies Delinquency Rate Delinquent No. Tax Year Assessment (current) (current) of Parcels _ 2000101 $66,323.70 $0.00 0.00% 0 2001 /02 $65,457.70 $0.00 0.00% 0 2002/03 $69,416.60 $0.00 0.00% 0 2003/04 $70, 899.80 $0.00 0.00% 0 2004/05 $65,540.80 $0.00 0.00% 0 PARCEL OWNERS (REPRESENTING 5% OR MORE OF TOTAL ASSESSMENT) based on County Property Data as of 06/30/05 Number % of Total Annual Assessment % of Annual Assessed Owner of Parcels Parcels for Fiscal Year 2005/06 Assessment Value There are currently no parcel owners representing 5% or more of the total N/A N/A N/A N/A N/A assessment. Aggregate information for each owner listed is based on owner name as shown on the applicable secured roll maintained by the county. Accordingly, variations in the owner name shown on the secured roll may cause multiple listings for the same owner or for the data to be incomplete. CALL PROVISIONS Optional Redemption: PRINCIPLE UNDERWRITER None listed VALUE TO LIEN RATIO: as of 06/30/05 % of Total Value to Lien No. of % of Aggregate Remaining Remaining Ratio Parcels Total Parcels Assessed Value Assessment Lien Ift Principal 30:1 and Above 99 94.29% $23,983,191.00 $503,125.75 94.15% 10:1 to 29.99:1 6 5.71% $897,023.00 $31,266.00 5.85% 5:1 to 9.99:1 0 0.00% $0.00 $0.00 0.00% 3:1 to 4.99:1 0 0.00% $0.00 $0.00 0.00% Less than 3:1 0 0.00% $0.00 $0.00 0.00% Undefined 0 0.00% $0.00 $0.00 0.00% Total 105 100.00% $24,880,214.00 $534,391.75 100.00% (1) Remaining Assessment Lien is reduced by any principal amounts included on the 2005/06 Annual Assessment. All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by MuniFinancial from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. i ,,n,pled by: MuniFinancial 27368 Via Industria, Suite 110 Temecula, CA 92590 (951) 587-3500 www.muni.com Page 2 of 2 4 Qumraj OF�,O AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 6, 2005 BUSINESS SESSION: ITEM TITLE: Approval of Fiscal Year 2004/05 City of La Quinta Development Project Fee Report CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Fiscal Year 2004/05 City of La Quinta Development Project Fee Report (" Report") prepared in accordance w ith Government Code Section 66000 and 65865. FISCAL IMPLICATIONS: The City must (1) expend or commit developer fees from Infrastructure, Quimby, and Development Impact Funds within five years of their receipt and must account for these fees in a separate fund and (2) report payments pursuant to development agreements entered into after January 1 , 2004. CHARTER CITY IM PLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta has three developer project fees subject to the requirements of Government Code Section 66000 - Infrastructure, Quimby, and Developer Impact fees. The major requirements that must be performed annually are included in Government Code Section 66006 (b). Section 66006(b) requires specific additional accounting information to be reported each year for each fund as follows: For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year- 1`I (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee. (C) The beginning and ending balance of the account or fund. (D) The amount of fees collected and the interest earned. (E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. Staff has prepared the Report which provides an analysis of the Infrastructure, Quimby, Developer Impact fees and development agreement payments for FY 2004/05 (Attachment 1). Staff has prepared a schedule of development agreement payments received for FY 04/05 in accordance with Government Code Section 65865 (Attachment 2). Staff did receive a request from the Building Industry Association (BIA) to review Attachment 1 . Staff provided Attachment 1 to the BIA on October 21, 2005 and met with Mr. Ed Kibbey and Mr. Fred Bell on October 25, 2005. A copy of the BIA comments is included as Attachment 3. As a result of the meeting , staff has modified the Developer Impact Fee schedule to reflect the debt service payments made by the developer impact fees to the Redevelopment Agency during the year. In addition to the October 21, 2005 BIA correspondence., the City also received a letter dated November 1, 2005 from the BIA pertaining to Government Code Section 65865 (Development Agreements). 2 FINDINGS AND ALTERNATIVES: The City of La Quinta Infrastructure, Quimby Developer Impact fee and development agreement payments programs meet the annual filing requirements of Government Code Section 66000 and 65865 for FY 2004/05. The alternatives available to the City Council include: 1 . Approve the Fiscal Year 2004/05 City of La Quinta Development Project Fee Report prepared in accordance with Government Code Section 66000 and 65865; or 2. Do not approve the Fiscal Year 2004/05 City of La Quinta Development Project Fee Report prepared in accordance with Government Code Section 66000 and 65865; or 3. Provide staff with alternative direction. Respectfully submitted, 1 John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Development Project Fee Report 2. Development Agreement Report 3. Building Industry Association Comments dated October 25, 2005 3 ATTACHMENT 1 City of La Quinta Infrastructure fee Government Code 66000 Calculation FY 04/05 The infrastructure fee fund is used to account for the accumulation of resources, provided through developer fees for the acquisition, construction or improvement of the City's infrastructure as defined in Resolution 89-39. The fee is based upon the attached formula and data sheet and varies from project to project. Account Description Beginning Fund Balance FY 04/05 Ending Fund Balance Revenues & Other Sources Developer fees Interest income 0 16,302 Total Sources 16,302 Expenditures & Other Uses 11 ransfers out - Capital Improvement Project Fund 296,820 Total Uses 296,820 Total Available 1,149,109 (280,518) 868,591 ive Year Test I Usinq First In First Out Method June 30, 2005 Remaining Commitment Unspent Unspent Funds Represent Ending Fund Balance Revenues Collected from 2000 412,348 412,348 0 Revenues Collected from 2001 210,807 210,807 0 Revenues Collected from 2002 126,854 126,854 0 Revenues Collected from 2003 70,822 70,822 0 Revenues Collected from 2004 31,458 22,705 8,753 Revenues Collected from 2005 16,302 0 16,302 !Total Ending Fund Balance 868,591 843,536 1 25,055 Result : Five Year Spent Test Met in accordance with Government Code 66001. Capital Improvement Facilities Remaining Capital Improvement Facilities FY 04/05 Commitment % Complete % funded with fee Washington St Storm Drain Improv 115 397,576 6.00% 100.00% Eisenhower Dr Bridge 207,576 0 24.00% 11.001/, Washington Miles Soil Stabilization (4,536) 175,741 100.00% 11.00% Washington St Medians - Phase 2 58,475 235,403 7.00% 20.00% 2003/04 Traffic Signal Improvements 35,190 (4,805) 15.00% 13.000% Simon Dr Traffic Signal 0 39,621 0.00% 15.000/1) Total 296,820 843,536 I - --- 1o4 0 City of La Quinta Quimby Fees Government Code 66000 Calculation FY 04/05 The City has established the Quimby Special revenue fund. The fund is used to account for the accumulation of developer fees received under the provisions of the Quimby Act for park development and improvements. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balances FY 04/05 Fund Balances Revenues & Other Sources Developer fees 1,667,144 Interest income 21,438 Contributions from property owners 0 Miscellaneous 0 Transfers in 0 Total Sources 1,688,582 Expenditures & Other Uses Transfers out Capital Projects 289,716 Total Uses 289,716 Total Available 595,035 1,398,866 1,993,901 Five Year Test Using First In First Out Method June 30, 2005 Remaining Commitment Unspent Unspent Funds Represent Ending Fund Balanc Revenues Collected from 2004 Revenues Collected from 2005 326,757 1,667,144 326,757 288,674 0 1,378,470 Total Ending Fund Balance $1,993,901 $615,431 $1,378,470 Result : Five Year Spent Test Met in accordance with Government Code 66001. m L 0 m a> N 0 _o N N L O) 7 O r N zJ O n 3 U _O O N O L N N � N O c � o � N � O � d E � U C V N m > N N L N .• N O F C O � C O � U E O m N a - O > o U a n E o � o o � o 0 O m C C o N C p U a a E O O C G > N > > O N T _>. U D 0 LL H m C O U I� m N m N N m O N U C s m a � U C N m N! m m M r M N N (n C _T C � N O U (T m m U m Ln CO m C-4 CD J N N > C Cm D N V V Cn V CO U N m to M N Y' tI) (� U V N U N N O O CO m Y In co V t6 a O m m m V m V LO O N C co N O N m H N 7 m o 7 o o Q O O C o Q 0 m m C V LL LL LL N (n cn 2 °� m j m o o E m FU OD c c'�=C) Q o o m N o tF U aNi a�i a�'i O c K m (D « \ \\ } ( \ \ i\\ City of La Quinta Developer fee Government Code 66000 Calculation FY 04/05 [Ca ital Improvement Facilities Fund FY 04/05 % Complete % funded with fee I Washington St median - Simon Dr to Ave 47 Transportation 392,878 100.00% 100.00% Phase 2 - Jefferson St Transportation 27,062 5.00% 5.00% 'SilverRock Ranch Transportation 490,000 81.00% 1.00% Eisenhower Drive Bridge Transportation 508,397 24.00% 16.00% Hwy 111 Improvements (Adams -Jefferson) Transportation 59,602 2.00% 36.00% Traffic Signal: Westward Ho & Dune Palms Road Transportation 27,060 16.00% 75.00% Traffic Signal: Jefferson @ Avenue 53 Transportation 1,008 1.00% 50.00% Traffic Signal: (Washington @ Sagebrush) Transportation 0 0.00% 100.00% Washington St Medians - Phase 2 Transportation 0 7.00% 80.00% ICivic Center Campus Improvements Park & Recreation 0 100.00% 70.63% Cove Oasis/Lake Cahuilla Trail Head Improv Park & Recreation 24,447 78.00% 42.00% Phase 1 - Community Park Development Park & Recreation 22,993 97.00% 83.00% Park & Recreation DI Advance Interest expense - Note 1 Park & Recreation 81,740 N/A N/A Reimburse General Fund - Civic Ctr Debt Service Civic Center 205,410 36.36% 30.00% Civic Center Expansion Design Civic Center 135,607 10.00% 84.00% Municipal Library Library 3,746,450 92.00% 55.00% Library DI Advance Interest expense - Note 2 Library 8,482 N/A N/A Fire. DI Advance Interest expense - Note 3 Fire 24,310 N/A N/A Munia al Libra County Library 590,863 92.00% 7.00% Total 6,346,309 No,,(-- i - During FY 01/02 and FY 02/03, the City Council approved the advance of up to R 1.456,455 in RDA Project Area 1 & 2 funding to the Park Development Impact Fee Fund. As of June 30, 2005 the actual amount of principal and interest advanced totalled $ 3,440,349. Interest paid on the advances in FY 04/05 was $81,740. The outstanding loan �rnou.nt was reduced by $ 635,114 during FY 04/05. Nate 2 - During FY 04/05 approved the advance of up to $2,657,231 in RDA Project Area 1 funding to the Library Developer Fee Fund. As of June 30, 2005 the actual amount of principal and interest advanced totalled $ 2,498,530. Interest paid on the advances in FY 04/05 was $8,482. This was the first year that the loan was made. Note 3 - During FY 03/04 approved the advance of up to $1,500,000 in RDA Project Area 2 funding to the Fire Developer Fee Fund. As of June 30, 2005 the actual amount of principal and interest advanced totalled $ 1,122,148. Interest paid on the advances in FY 04/05 was $24,310. The outstanding loan amount was reduced by $138,547 during FY 04/05. ATTACHMENT 2 For FY 04/05, no development agreement payments were received for development agreements entered into after January 1, 2004 in accordance with Government Code Section 65865 IF'3 0 Cat. 2 5 . 2C�0; 11:45AM BIR DE��ERT CHRFTER (7 N772`372 No. 7(AlTTACHMENT 3 Mr. John Falconer Finance Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 95553 Dear John: Thank you for spending the time with me to review your Government Code 66000 report. As usual it is an excellent report. I am forwarding a copy of the Attorney General's opinion on Quimby Act expenditures. It turns out that this opinion shoots down my contention that expenditure of Quimby funds on the Fred Wolfe Bear Creek trail is not authorized under the act. You asked if there was a requirement for expenditure of Quimby funds. There is, and it is five years. Thanks for your help. Re tfully, Ed Kibbey Executive Director 1.10 10 Cct, 25. 2005 11:45AM PIA D'=QERT CHAF'TER ;76n 772-30)72 N:. 7071 F. 2;'5 Jul-oe-200a 10:54 From- actions to opf=e 0). Thur., while no Pect to CAtran4nity ,. by which judicial r if A community > se of money is its xed individuals or Lay i0stltufe legal nee with state law. 13 T-876 P 002/ou F-m S.Ve- 1"9 AiT'O"PlY QEhtPJ<rlC s OP1N"s M Opinion No, 98.704—Septrtniter lei, 1M Requesred by: M>' WER OF THE CALIFORNIA SENATE Opinion by: I)ANIFL E. 1.UNUREN, AnoawY General Anthony M. Sumrtters, Dcpugr TKF_ HONDRABLE BRUCE Mcl?HERSC?N, M -WER OF THE CALIFORNIA SENATE, has requested an opinion an the following question: May funds obtained as "in lieu" fees for park or rrcfoaduual purpQces as a condition of approval of a subdivision map be used (1) to puccllasc a Theatre wherr. a variety of eulwral accivides, including concerts, dance rseirafs, and ar; shows, would be exhibited, (2) to purchase land oa which a theatre would be constructed to exhibit a variety of cultural activities, or (3) to fund the construction of u theatre that would mbibit a variety of cultural activities on land dedicated for park or recreational purposes? CONCLUSION Funds obtained as "in lieu" faus for pork or recreational ptyrpogr_s as a condition of approval of a 9utjcnvjsi0n map may be used (1) to purchase an exisung theauc where a varkery of cultural "dvides, irtcludiAg cpnr-=, dance recitals. and an shows, would bo exhibited, (2) to purchase land on, which a theatre would be constNCTed to ejchibit a variety of cultural activities, or (3) to fond the construction of 4 the that would exhibit a variety of culWral activities on land dedi"=d for park or racrcatlonal purposeS� ANAI-YSIS The Subdivlsiou Map Act (Carr- Code, if 66410-(649937; "Act")` allows a city or canary to mgtdm land use wtwn supt'Ctvisituu are: proposed for developtrkant. Obtaining approval of a subdivision map is a typical step that a developer must take when subdividing properry- In the course of regulating the design and improvement of subdivisions, a city or county roay impose conditions on the issuance of a subdivision rnap. OW auth(>- rized condition is the dedication of land or the payment of fees in lieu thereof for park to recreational purposes made necessary by the subdivision, Section 66477 states: "The legislative body of a city or county may, by ordin®nce, require the dedication of land or impose a requirement of the 1 All K119M Z4 bCtC4f r IP cM Qd*n.Mr1)9:O1 GOOD ace Dy *CCQPA DlUatW 99)ly' NAO.- IL-k, & CO- &W+ III r 11 0: f, 2 5. 2005 11:45AM DESERT "HAFTER (76" ()� 772-72 N, 71 P. , 1015 From- T-876 P-003/005 F- 708 294 ATMRNI-rY UENFIAL'S Q4tMorls vQWW $I" payn=t of f= in lieu thereof, or a rornbrinarion Qf both, for PUL or rocwatiowd putposes as a condition to ale approval of a wntativ(-4 map or parcel map, provided than The ordinance has bo*n in effect for a period of 30 days prior to the tiling of the mritame nag of the subdivi:uan Pr Pawl map- -(b) The ordinance includes defirtiTr standards for deteraining the proportion of a subdivi5jan w be dedicated and the awUnt of any free to be paid in iiru thereof_ The atinoanc of land dedicated or fees paid shall he based upon tho residential density, which shall be 4wrtnined an Mr- basis of the approved or canditiov411y approved tentative map or parr -al map and the average number of persons prr bouscrhold. "(c) The land, fees, or coratlinafion thereof are to be used only for the purpose of developing new or rehabilitating existing nr-ighl3orfiood or community part or recreational facilities to serve `-(d) The legislative body has 4dopied a gentna ViAn orspecific plan containing policies and standards for parks Md rep"ion facilities, and the park and recreational facilities art. in Accordawx with definite principles and standards_ -(e) The arnnunr and location of land to be dedicated or the TMP fees to be paid shall boar a re"aiiab1c: relationship to UW use of 14 the park and recreational facilities by the future inhabimnts of the, subdivision. - ' '(f) The ciWclmn*. or other local fmblic agency to Whicab the land or fees ire conveyed or paid 4" develop a 94g4ale specifying how, when, and iftro it will ust the land cx fees, or both, (* develop park at recreational facilities to serve ibe residenif, of thB subdivision. Any fees collected Lwder the ordi- '41 a=v, shall be committed within five years after the payment of such foss or the issuarw* of buildIDS permits CM Poe -half of the lots created by The subdivision, wbirhaver occurs later.. If the fees am not committed. they, without any dr4ur-dons, shall be distrib,- uvA =4 paid to The then record owners of the subdivision in this sarpe proportion that the tizr. of Their lot bears to the Total exca of all lots within rho subdivision. I1 0 ) , I�W 12 Cc t. 25. 2b�)5 11; 46AM Jul-09-2003 10:55 From- VoiUM0 81 )rh, for park ?naval of a . of 30 days Do or parcel SeTecmirung J.: . The amount - d dedicated city, which nnditionally :ge number ,,... used only Ig existing ie$ to Servc , OT Specific Y i - I T09Vc.ation iccardance 1 ited or the I the use of , zars of the �: f IQ which t schedtlle ar fees, or serve the the otdi- �:. ...: ay nieTtt of -, ' Ialf of the if the fees l ae distrib- ion in The total area BIA DE'ERT CHAPTER ;76(�72-3372 N_ Y)71 P. 4,'5 T-BT6 P 0041006 F 708 A city proposes to use its "in lieu's funds paid under wcdon 66477 to acquire a theatre wbere $ variety of cultural activities, including eouceris, dance recitals, and art Shows, would be exhibited- We are =krd whether the, propos4l would comply with the tetras of section 66471, of alternatively whether the city could use its funds m paTchase land on which it would construct a theatre for r_WTural exhibits or to constntGt a thcatrc for culuuul exhibits on lairds dedicated for parks or cecreation- We cOncludc chat all three proposals would be permissible under the statute. Tile ultimate issue to be addressed is whether a theatre used for cultural activities, such as plays, dance recitals, coscciTs, and an shows, is properly considered a "recreational" facility. If it is. it may be located on larid dc4icaied for parks or recreation, and "in lieu" fees for park or recrea[i.an purposes may be used to purchase, coastnuet, or mh4bilitatt: the rheatre. In analyxiug this issue, we firer note that section 66477 deals with dedications and fees for pule or recreation pufposea. The fact that tba st4rule is wrinea in the dtsjgnctivc indicates that the mcrt:ational component is not limited to activities assQcimad with public parks. Tbr 1-cgisl4ture and the eourrs halve recognized ut a vasit t3► of contexts that "recreation" encornpasses cultural aetivities, among othom For oxauk- Plc, under The Community Recreation Act (Fd. Code, H 10900-10914.5) caumies, cities, schools, and special districts may arg'sniza, pramolt, and conduct Programs of community recreation. (Ed. Coda, 4 10905; 79 Ops.C`al.Aity.Gan. 181, 195.186 (1995); a ops.Cal.Aay.Gen. 368 (1944).) "Ruination" is defined by the Legislature far purposes of this ytatutary scheme as follows: "'Recreation' means any activity, voluntarily sngagrd in, which conRibuw w the phy", tree 4d. er taoral develaptnent of the individual or group paltiCipatmS th=W, WW itsrludes arty activity itt the fields of music, dram4, an. haadictia>ft, serene a, literature, nature study, nawre contacting, aquatic sports, and athletics,.- any of them, and any inforn-al play incorporating airy such activity." (Ed- Cade, 4 10901, subd. (c).) Accarditlgly, the Legislature has recognized "any activity in the fields of music, drama, art, handicraft, science, literature . ." as constituting -rc MaTion) `r In Greek Thearre Assm v- County of las Angeles (1978) 76 Cal.App-3d 768, 777-778, the coact noted that "a civic theatre presatning amateur performances of plays, musicals, light opera, and operetta" presented an "educational and recreational benefit to the customary through viewing of 'U46uK— dnee. i U Inc I 13 Cct, 25. 20ii5 11:46AM, PIA DESERT CHAPTER 76( 772—"72 Nc. 7071 F, 5 5 Jul-OO-2003 10:65 Frum- T-876 P.005/005 F-T08 AW A, IVWMPT urNMW-'a UFLNR S v0hW 41 thr ptrfa mances." In Rhodes v. City of Palo Alw (1950) 100 C4.App,2d _ 336, 340, a city community rbeauv was described vs•beino-a4rai6=rcd ` by the city recreation depanment," slaving bcml donated tR the City to "advann;�z the interest of adult recreation acuvitiss." We concla& that funds obtained us "in lieu" fees for park or recreational parposes as a eonditipa of approval of a subdivision map may be used (1) to purchase an existing tsleatte w11t-r0 a variety Of cultural activities, j including eoneeru, dance recitals, and in shows, would be cmbibited, (2) f to purchase land on which a theatre would be constructed to exhibit a variety of cultural acuvitics, or (3) to fund the construction of a theatre that would exhibu a vsnety of cultural activities on land dedicaud for park or rrcreational purposes - opinion No. 99-50"cpwmber Z4, 1995 Roquosird by: MEMBER OF THE CALWORNIA SENATE Opinion by. DANIEL E. I.UNGREN, Actomey General Anthony M. Summers, Deputy THE HONORABLE LOUIS B, GREEN, COUNTY COUNSEL, COL NI T'Y OF F.L DORADO, has requested an opinion on the fallowing Questions: 1, Is an historic Gold Rush "pioneer" ceraetery that was dedicated to public use subject to the managcm%mt and cpti=4 of a county board of supervisors ppnuant to (1) chapter 8 of the Statutes of 1934, (2) chapter ` 267 of Statutes of 1859, (3) chapter 73 of the Sta ms of 1869, (4) former Political CQdc section 3105, (5) Civil Cock section 1007, or (6) Health and - Ssfeiy Code 0=60ns 8825-8829? ' 2_ What ate the dgbts of m mbeta of the pab&- to visit: an hsstarle 0014 - Rusb 'pioassr" c rnotery dedicated to public use that is under the [awago- ; moot and c orturol of a county board of supervisors? CONCLUSIONS 1. wn historic Gold hush "pi.onrcr" earneTery that was dedicated to public ttse is subject to the management and control of a corutry board of supervisors if it is located in unincarpmarnd territory and was acquired or dedicated as is public ccmerary pursuant to present or preexisting law and such use has not boon ruminated. 2. The rights of memt)ers of the public to visit an historic Gold Rush "pioncor" cotnatary dedicated to public use that is under the management fWARM.. PcQer L V-'. IW-) 114 5 14 COUNCIURDA MEETING DATE: December 6, 2005 ITEM TITLE: Acceptance of Downtown Parking Lot and Lighting Improvements, Project No. 2003-14 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept the Downtown Parking Lot and Lighting Improvements, Project No. 2003-14 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $86,944, thirty-five (35) days after the Notice of Completion is recorded; and approve a final quantity adjustment Contract Change Order No. 4 (Attachment 1 ) in the amount of $49,903 for additional quantities installed. FISCAL IMPLICATIONS: The following is a budget summary: Amount Available for Construction $898,796 Original Contract $802,608 Contract Change Order Nos. 1 through 2 $13,335 Pending Contract Change Order No. 3 $3,594 Contract Change Order No. 4 - Quantity adjustments $49,903 Total Construction Costs $869,440 Amount paid to date -679,147 Remaining Fiscal Commitment $190,293 Retention to be released -86,944 Amount remaining to be billed $103,349 Adequate funding is available to pay the contractor's remaining billing ($103,349) and retention ($86,944) for project closeout. S:\CityMgr\STAFF REPORTS ONLY\12-6-05\C7 Project Acceptance 2003-14.doc CHARTER CITY IMPLICATIONS: None. The proposed improvements are partially funded with RDA Project Area No. 1 funding and Community Development Bock Grant (CDBG) funding. The project is subject to prevailing wage requirements. BACKGROUND AND OVERVIEW: On December 16, 2003, the City Council appropriated $434,780 from RDA Project Area No. I, selected Refurbishment Option No. 2 - Conventional Parking Lot, and directed staff to obtain the necessary plans, specifications and engineer's estimate (PS&E) from David Volz Design to cause the installation of the proposed improvements to the Downtown Parking Lot. On February 1, 2005, the City Council approved the PS&E and authorized staff to advertise the Village Parking Lot Improvements, Project No. 2003-14, for bid. On May 17, 2005, City Council awarded a contract for $802,608.00 to Granite Construction Company to construct the Downtown Parking Lot and Lighting Improvements, Project No. 2003-14. On July 13, 2005, a Notice to Proceed was issued with a 120 consecutive calendar day contract completion time starting July 18, 2005, and ending on November 14, 2005. Contract Change Orders extended the project for four consecutive calendar days. The project was deemed substantially complete on November 10, 2005, within the allotted contract time; therefore, liquidated damages shall not be assessed. The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. As a standard duty of project closeout procedures, a Quantity Adjustment Change Order is required to adjust the contract amount to actual quantities utilized for the project. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept the Downtown Parking Lot and Lighting Improvements, Project No. 2003-14 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $86,944, thirty-five (35) days after the Notice of Completion is recorded; and approve a final quantity adjustment Contract Change Order No. 4 in the amount of $49,903 for additional quantities installed; or 1. 1 - 2 S:\CityMgr\STAFF REPORTS ONLY12-6-05\C7 Project Acceptance 2003-14.doc 2. Do not accept the Downtown Parking Lot and Lighting Improvements, Project No. 2003-1 4 as 1 00% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; do not authorize staff to release retention in the amount of $86,944, thirty-five (35) days after the Notice of Completion is recorded; and do not approve a final quantity adjustment Contract Change Order No. 4 in the amount of $49,903 for additional quantities installed; or 3. Provide staff with alternative direction. Respectfully submitted, S r, Timothy R. Jdna�rspn, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Contract Change Order No. 4 3 S:\CityMgr\STAFF REPORTS ONLY`,12-6-05\C7 Project Acceptance 2003-14.doc CONTRACT: Sheet l of 8 La Quinta Downtown Parking Lot and Lighting Improvements Project No. 2003-14, CDBG Project No. 4LQ029 CONTRACTOR: Granite Construction Company 38000 Monroe Street Indio, Ca. 92203 CONTRACT CHANGE ORDER NO. 4 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE This Contract Change Order allows for the adjustment of item quantities from the estimated bid quantities to the actual amount installed as detailed in the attached Final Quantity Adjustment Spreadsheet. Amount 4� 9,903.00 Previous Contract Amount Through Change Order No. 3 $ 819,536.94 Add This Change Order No. 4 $ 49,903.00 Revised Contract Total $ 869,439.94 By reason of this contract change order the time of completion is adjusted as follows: -0- days added to contract time. Submitted By: / S 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 Jul aymen the amount shown above, which includes all direct and indirect overhead expenses for any delays. 134 Accepted By: I Title: /1�9d, r',( Contractor: Date: N T:\PWDEPNROIECTS\2 CONSTRUCTION\2003-14 DOWNTOWN PARKING LOT\CONSTRUCTION\PROGRESS PAYMENTS & CCO'S\CCO #4 QUANTITY ADJUSTMENr.DOC U) c Cd G d 0 I- Q c O U) .` m 0. 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O O (n W, O O 0 L LO O O (n 6q O O r-- W O O r- vi 0 0 It r ffl E; -� fA � M (n ¢ w (n a (n a d w d w d w w Vn w En (n C-1 d d d on 0 o ti C ci m U C o v N o ^ a o d �j v w n Q p V] U v d n V] C7 u d V] 4 > c> W O U b o O C v ° Q p E oCIL U a E O c o o u R C U w M x N C a U o ca R x o0 C C U o CILa R x V N fn (n W tn o Z a Y O .. to o d 0 11 O N M V (A O T c d E m O O. E C c O (A R a E O U c d E N 7 Q w C R 7 C7 R C LL O o O o O O O o U O O O M C (fl E9 EA O � Q) � M N 0 U U N O) r C) 00 V O M V cc N I N Lr) I— Cl) M 69 ca GI) - U O fA @ iC C w O V O N ti to U N O I-� a_ V m W LO c iri n C D EA G9 69 p R O O V 000 to 'Q m F' Ili r� c�i ai 69 64 69. to C N 00 Z C R 7 R C co U Q d N U 00 � 0) oc IQ p LO I` m fA 69 En C C: a a a c C O U o rn > b U a Q > > C O O l0 E x a FO- 0 0 0 U U U U U U n 6 Z E 2 COUNCIL/RDA MEETING DATE: December 6, 2005 ITENI TITLE: Approval of a Request for Proposals to Obtain Professional Engineering Services for the Avenue 52 Bridge Improvements, Project No. 2005- 02 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request for Proposals (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Avenue 52 Bridge Improvements, Project No. 2005-02; and appoint a Consultant Selection Committee. FISCAL IMPLICATIONS: The following represents the project's approved funding and funding sources: Transportation DIF Total Funding Available (Fiscal Year 05/06): $250,000 $250,000 The following represents the anticipated budget for the design phase: Design: Administration: Total: $237,500 $12,500 $250,000 The construction phase of the project is identified for funding within the City's adopted Capital Improvement Program (CIP) in the amount of $1 ,250,000 during Fiscal Year 2006/2007. S:\CityMgr\STAFF REPORTS ONLY\12-6-05\C8 Proj 2005-02 Ave 52 Bridge.doc CHARTER CITY IMPLICATIONS: The project is 100% funded with locally generated funds and is located entirely within the City of La Quinta. The project will be bid as a non - prevailing wage project and may result in cost savings. BACKGROUND AND OVERVIEW: The Avenue 52 Bridge, spanning the Coachella Canal, is located on Avenue 52, between Jefferson Street and Madison Street (Attachment 1). The proposed improvements will widen the existing roadway, approaches, and bridge from two to four lanes (86 feet in width), including, but not limited to, bridge widening, street improvements, curb, gutter, sidewalk and median island improvements with landscaping. On May 17, 2005, the City Council adopted a Resolution approving the Fiscal Year 2005/2006 through 2009/2010 CIP. The Avenue 52 Bridge Improvements are included within the adopted CIP and scheduled for funding during Fiscal Years 2005/2006 and 2006/2007. The RFP to obtain professional engineering services to prepare the PS&E has been prepared and is ready for distribution to qualified consultants. The RFP is attached for the City's Council's review at Attachment 2. The Consultant Selection Process outlined within City Resolution 96-80 shall be followed. In accordance with Resolution 96-80, the City Council is notified of the potential need to contract for professional services in excess of $10,000. Staff suggests the City Council appoint a Consultant Selection Committee consisting of the following members: -Tim Jonasson, P.E., Public Works Director/City Engineer -Paul Goble, P.E., Senior Engineer -Nick Nickerson, Project Manager FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposals to obtain professional engineering services to prepare the plans, specifications and engineer's estimate of probable construction costs for the Avenue 52 Bridge Improvements, Project No. 2005-02; and appoint a Consultant Selection Committee; or S:\City Mgr\STAFF REPORTS ONLY\12-6-05\C8 Proj 2005-02 Ave 52 Bridge.doc 2 2. Do not authorize staff to distribute a Request for Proposals to obtain professional engineering services to prepare the plans, specifications and engineer's estimate of probable construction costs for the Avenue 52 Bridge Improvements, Project No. 2005-02; and do not appoint a Consultant Selection Committee; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jo. assonx, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Location Map 2. Request for Proposal (RFP) 3 ATTACHMENT 1 - 41" ATTACHMENT 2 CITY OF LA QUINTA Request for Proposal Avenue 52 Bridge Improvements Spanning the Coachella Canal The City of La Quinta requests proposals from qualified professional engineering consultants to prepare plans, specifications and engineer's estimate (PS&E) for the Avenue 52 Bridge Improvements, spanning the Coachella Canal, Project Number 2005-02. Project Description The Avenue 52 Bridge, spanning the Coachella Canal, is located on Avenue 52, between Jefferson Street and Madison Street. A project location map is attached. The proposed improvements will widen the existing roadway, approaches, and bridge from 2 to 4 lanes (86 feet in width), including, but not limited to, bridge widening, street improvements, curb, gutter, sidewalk and median island improvements with landscaping. The existing bridge is approximately 62 feet long, 40 feet wide and crosses the Coachella Canal at a 45 degree skew. Avenue 52 is fully improved on both the northwest and southeast quadrants of the bridge. The proposed Clubhouse Apartments project that will be built on the southwest quadrant are conditioned to widen Avenue 52 to its ultimate general plan configuration adjacent to their site. The northeast quadrant of the bridge is occupied by a nursery and will be partially widened as part of this project. Access gates to the Canal maintenance road exist on all four quadrants of the bridge. The available street improvement plans depicting the existing condition are attached. Preliminary Scope of Services The consultant is to provide all necessary design services and standby consultation services as needed during construction, but not full construction management services. Services required of the consultant may include, but not necessarily be limited to: Design Phase Assemble and review record and as -built information. 2. Perform topographical survey. 3. Prepare and process appropriate environmental document. 1 5 4. Preparation of geotechnical investigation and reports, including, but not limited R-values, soil bearing pressures, as needed for the roadway and bridge design. 5. Establish final roadway/bridge alignment, to include, but may not be limited to: Roadway alignment within the existing 110 feet of right-of-way; Bridge alignment within the existing right-of-way and BOR easements; and Right-of-way plats and legal descriptions of any necessary easements to process the project through the Coachella Valley Water District (CVWD) to the Bureau of Reclamation (BOR). 6. Prepare plans, specifications, estimates (PS&E), to include, but may not be limited to: Roadway Plans Bridge Plans Signing and Striping Plans Drainage Plans Median Island Landscape Plans The consultant will be expected to evaluate the ability to widen the existing structure -vs- the removal and replacement of the existing structure. 7. Provide for an independent "third party" constructability review of the structural portion of the PS&E prior to City approval to identify design omissions, insufficient design detailing and opportunities for design improvements. 8. Coordinate and maintain liaison with the CVWD regarding design and construction within the Coachella Canal. This work effort may include documentation and processing of the right of use permit application through CVWD to the BOR. 9. Coordinate and maintain liaison with all area utilities to insure that the structure will accommodate existing and planned utility crossings. This task shall include potholing for underground utilities impacted by subsurface construction activities. The Consultant should assume 20 to 30 potholes will be required. The relocation of utilities may be necessary, but shall be defined during the design of the project. 10. Coordinate with adjacent property owners. 2 6 General The consultant is expected to keep the city fully informed of progress on the project and of issues that may require direction from city staff. The consultant will be expected to meet with city staff on a monthly basis to provide project status and discuss any significant issues. The consultant will also be expected to attend City Council meetings and other meetings when the agenda includes project -related material. PrODosal Format (envelope 1 Proposals (work proposal and cost proposal) are to be submitted in separate envelopes clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before December 14, 2005 at/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Nick Nickerson, Project Manager City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: Proposed scope of work in sufficient detail to demonstrate the Consultant's project understanding and approach. 2. Previous experience in design and construction of bridges and in modification or widening of existing structures. 3. A client listing for recent projects including primary contacts, current addresses and telephone numbers. 4. A summary of performance in preparing cost estimates including a listing of recent estimates, the corresponding low bids and the final project costs. 5. A list of personnel and sub -consultants proposed for this project, what responsibilities will be assigned to each, and the percentage of time each key individual will contribute to this project. 6. Resumes for the project manager, assistants, principals, and major sub - consultants. Discuss contingencies for the loss of one or more of the key 3 .�, fi- 7 personnel. 7. A tentative schedule for the project. The Consultant may assume a start date of January 2, 2006. 8. The consultant's office location and designated contact person for the selection process. Cost Proposal (envelope 2) The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each defined task and/or sub -task. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may or may not choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top -ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. I,,3 4 CITY OF LA QUINTA COST PROPOSAL SHEET AVENUE 52 BRIDGE IMPROVEMENTS PROJECT NUMBER 2005-02 The following is a summary of costs to provide the services outlined in the Request for Proposals for professional engineering consultants to prepare the PS&E for the Avenue 52 Bridge Improvements and will be used as the basis for negotiating a Professional Services Agreement: Project Area Total Fixed Fee Preparation of PS&E TOTAL LUMP SUM FIXED FEE: 1 $ 1 Attached herein is a detailed man-hour and fee breakdown for each of the project areas by task and sub -task as defined within our proposal. Prime Consultant Date Signed I -A 5 9 c 1 {3 .) 10 LI: } w ui: \■\ ` AIL \\\\\\ \\{T{§\ e ƒ\O ]] F i a p < O VJ O O 0-�- 4 0v o 4 R R 9 ON 133HS 33S 9 'ON 133HS 33S 00+94 V1S - 33S 3NIlHO1VW 0 00+94 'V1S - 3NIlHOlVW � I 1 ii u O O 00+9£ V1S - 3NIlH0iM £ 'ON 133HS 33S N N N N O O O O w a k , o a a O O _ O O N N NO 1.a S 'ON 133HS 33S 9'ON 133HS 33S 00+94 'V1S - 33S 3N]H0iVW $ " 00+94 'V1S - 3NIlHOlVW i III I 7., m i �? ga r - w < o o a o ] I I i o N r a N m a < °uj > o w V 1 a Iw I ° II I I I. II i � I mll ° `-I z I I i ITT 00+9E V1S - 3NIlHOlVW m 00+9E V1S - 3NI-IH01VW E ON 133HS 33S _ E ON 133HS 33S _ w o o o N O N p N N N N {{ w j 4 0 g '' r t a _w 4 'ON 133HS 33S 00+9E 'V1S - 3NIlHO1VW 66 s_ I � 3l 13SVHd wN [ ;n LSNOO NI038 00'00+W 'V1S S d x � o g n d YI E 4 'ON 133HS 33S 00+9E 'V1S - 3NI-IHO1VW 7 o i i �I o I N I O �1 J` W N�o -f LI r ui � I r 0 WI N 0 w GHQ 9(ll0 AVMH3OIH� i z r , I { I 0 n IIl I R N Z ' o II l d U I. Wl o N r Y 2 z 3l 3SVHd - NOIlOfIlilSNOO NI`J38 00'00+9Z 'V1S W Q V Y 121 j 4' m �',. f cc 14 T R N O O N Q p O O Q 0 4 'ON 133HS 33S 00+9£ 'V1S - 3NIIHO1VW 0 m m y To 4 'ON 133HS 33S 00+96 'V1S - 3NIIHO1VW _ I 1 Q Z +iLLJ Ili m II O I < a 1f N i i 6 _ I Ouj > M Q ` Z fl a I n 0 m �, 9mo jLIV N 0 1� 3L 3SVHd - NOl+ ZndJ-S OONI032 S 4 a�tl s� s O ��' — N I � °o N N I — �a I i t i LlJ .o39 3L 3SVHd -O(i1SNOO NI.9 NOI.l .. i � - N 00 00+9Z V1S I a FTT-1 ol N 110 15 1 °.11 IEP PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to 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 J 2, must be approved by the City Council. Buse-con.rev 17 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 Dollars ($ 1 (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. 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. Base-con.re% 18 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: .a b. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be Basc-con.rcN, 19 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 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. Base-con.re% 20 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates 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 sass -<on. «,21 law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically Base-con.rc% 22 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 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 To Consultant: Attention: 1. '13 23 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 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 judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 119 24 Base-con.re% 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 By: Name: Title: Date: 25 Base-con.rn Exhibit A Scope of Services 26 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 ($ I except as specified in Section Dollars 6 - Additional Services of the Agreement. 27 Exhibit C Schedule of Performance Consultant shall complete all services within date of this Agreement. ► days of the Exhibit D Special Requirements 1)4 29 COUNCIL/RDA MEETING DATE: December 6, 2005 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32279, Mirage at La Quinta, Standard Pacific Coachella Valley RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR STUDY SESSION: PUBLIC HEARING: f. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 32279, Mirage at La Quinta, Standard Pacific Coachella Valley. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 32279 is located north of Avenue 58 and east of Coral Mountain Court (Attachment 1). This residential development will consist of 30 numbered lots on approximately 10.04 acres (Attachment 2). On August 17, 2004, the City Council approved Tentative Tract Map No. 32279. 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. City staff has prepared a Resolution, which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (January 5, 2006), 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 aftar all rani iirarl itamc haves haan raraivarl FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32279, Mirage at La Quinta, Standard Pacific Coachella Valley; 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. 32279, Mirage at La Quinta, Standard Pacific Coachella Valley; or 3. Provide staff with alternative direction. Racna(--tfiilly ciihmittPH v Timothy R. J(onasson, P.E. Public Works Director/ City Engineer Approved for submission by: r Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 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. 32279, MIRAGE AT LA QUINTA, STANDARD PACIFIC COACHELLA VALLEY, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: .::3 3 Resolution No. 2005- Tract Map No. 32279, Mirage at La Quinta Adopted: December 6, 2005 Page 2 Section 1. The final map for Tract Map 32279 is conditionally approved provided the subdivider submits all required items on or before January 5, 2006. 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 January 5, 2006. 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 i� � 4 Resolution No. 2005- Tract Map No. 32279, Mirage at La Quinta Adopted: December 6, 2005 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th day of December, 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, CIVIC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 5 ATTACHMENT 1 L CD sh Ba 0 CD ►f o � N J J � v 10.5 MILES Avenue 58 Legends W a Shinnecock c+n Hts. 0 � d � O m VICINITY MAP vrs ! 0 I r - - - - - - - - -- - - - - -- ATTACHMENT 2 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I l I I I I I I I I I i I I I I I I I I I I I � I 7 I I L------------------------------------------------� AWM 51 ATPORT a[ VD z A.= Sa I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 8 I I L------- -----� IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 32279 4 BEING A SUBDMSM OF THE WEST 94LF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION21, TOWNSHIP 6 SOUTH, RANGE MAST, SAN BERNARDINO MERIDIAN IN THE CITY OF LA QUINTA COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TACT I MAP N0. 28119 LOTD M.B. 254/99-104 0.0J acres O SUBOWSiON BOUNDARY LANDSCAPE 46 SHEET 3 OF 4 SHEETS —(� N697916T 12981' f SP7. 6674 ` 1 1H91' RE-LSrALNNHD RECWD ' Oatr - Aib. 30 LINE TABLE MR PARCCL MAP 19177 LCARRK, (ENCM 10, 06J sq. /f. 0.1J / 6, 1 e 1 0.7J xres LI NJZLIYSJII' .N7.u' x es C61 N2 O77u MEaZ1YMY L2 N0570'477e 1. 1 N'fl9 (176t %R% � (R) N69 a5D6T U N2CMDOT MB 127.H' / `., O 124,40' �•f.IL 2 11r cuRVE TABLE � >e 10,0I1 sq. 11, LOT 0,1J xre9 �" �/ 0.zs arcs Me9'u76T $ Ne9'451nT (v M26' 7. U l5&IY 3 wv, 5". 28 ti ^fp �l 11,665 sq /f. 10, 403 sq. It. "R eI 027 arcs 074 xres � e :, ' i I&00' O N 4476T Na9'A5,06'E Z 142.16' LI U �;o 1521.i g 8 4 `1 n� 27 10,51J 11, 151 sq. !f. 014 ones �-' NB5'H U2Y U V AC9'H'%T � 1 0.26 ares u Ns915TM'T Q ♦ M65W74T /45J6' a MAY C45 8 lu itq nf9ln 10,613 sq rl. �'1 10, 711s ft. 4 1124 ones A nji I.e ; A 025 acres NB9'II'%T C C Nw,wc6T 0 i r4074' a `Men�YJrE 1416J' wen47YE Q m 6 I 25 LOT 7 a 10,859 sq If. I°' ul 10469 59. !f. 1300 f S 075 Oues e o 0.24 xres W4476T 2100' � � T^ c AB9'45WE 1454Y �yy�71-E i N697s29T I.16'91' 7 24 e 10,890 5q 11. li, < 6 � �� 10.4J8 sq. ft 0,25 ones N6e7YHie Y C I N6676'J6 W 02! Ones AW44W*E (R) 1J' 2!' —(R)_ N69'45VOC 1H.16 Ne75679"I� _ N675679'Wfilar X _(R1 8 23 a Me3�5JE �Ag5�7E u n 10,684 sq. It. 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CJ6 34D051' 9800' 5&1e' C37 5r4659' COO' 4ZJr C66 J47545' 19&01' 11a40' C40 7575 Jf100' IOLI ' C41 971'4e' I100Y 1&JY c42 5256-sr 42.00' 36a1' UJ 47Y26' 116.00' 9 a r ' 1&00' ' 1Y 9' 4200' 0 7' 4200' 44r 1' F19'48'W" 2016.L)r 14.56' 19&0Y 24.45' !e" 4Y 9&00' 159J' N07E. 1. SCE 9&E7 2 FO? LMM AW eA95 Or K4RK i; l 9 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 4 OF 4 SHEETS I TRACT NO. 32279 4 BEING A SUBOMSION OF THE WEST HALF OF THE WEST HALFOF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OFSECTION 21, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIOA ,, IN THE CITYOF IA QUINTA, COUNTYOFRNERSIDE, STATE OFCAUFORNIA 26 w SEE SHEET AW'4476T � IJ9.J2" NBIJ9"I/T� LD - RANCH -E- i OAD cp Z S 29N Q ji n Q 0 c� 3G:� IJ 31 V 12 _2264R5Y f 8 11 (R) 31-1 2/ 27 10,403 sq. 11. 0.24 aces N69'4476T i JJ7.5J' IPi e c o 10,317 sq N. I" ono ul 0.24 acres I Iw N69"44'161 O i IJ60Y" z i 13 I o 10, 492 sq li. 0.24 acres I I o Now 261 142J4• — a iR/ _ 14 :r ` M6Js1'u�- jr 10,944 sq. M. 7 + (y a25 acres ` AM9'44'16T 14973' A 2 15 �^13, 100 sq. IL B 0.30 ores I 16 16 M69W76T C26 < 15661' �7�H_E— iR) {/ 21 NO. 3 M89'451167 jl) NlIOAJ J9if 7RJ 14203' o LOTB 34.029 5q I(. 076 acres COMMON ARCA moo, N 89'4075' E 27931' J ANO CAPE ARfA. LOTS26 f6910'25'E 0.063 ores JJ024' '0'25'` AI/ENUE RC-ESUR M RECW0 PER MM JJ2/61-56 FRM S0f1RCAST CCRAER 0' SECRCW 21. FaM !' A7LW PIPC w/CM STAMPM LS 5570 (110 RECORD) PfR MAP JJZ/SI-66. P&D CONSUL TANTS, INC. swwo s+M a�Fco rue. sure ws azco. uurvwwA arae 7ELF. N1911a1-HIaFM' Al-a�Tb 1 20 10,89/ sq 7C 0.25 acres 19 as 11,013 sq. 11. n 1�% 0.75 acres � ,m9u'aT JI6.J0' 1 18 a a 10.8J6 sq. ft. "' F{i 025 oc es g M69'45'06'E 1420.7' S 17 s 10,455 sq. I1. 0.24 acres ; N6946'35T n Y56'w_ 1J9.66' 7 16 11,45J sq 11. LOT "/' - 0215 acres 145E sq f(ON . r C MAION AREA^ LINE TABLE LAW I BFARWG I LENClN LI 57' 1'w 16.89' 0 N66401w 100f LJ AO074'54w 2798' L4 MIM:61 T If.0 15 00441iJ4T 16MY L6 M44'45'34T 14.I6• L7 Na775'J4w 1,100' 00 AUSU875V 7,57' L11 M64 J08w J26.5' L11 N8237WV 5 54' CIJ MAW'J" 1a LI4 M06DB55w ZL90' LIS NI97IY17 I990" Ll6 N0074'S9'w /S6I' 117 7.65' C16 N69:S421 96• L19 NH'IS;srT J2N' CURVE TABLE Na DEL TA RAMS I LEN61N 07E;2 ' 4750' 6J6d C2 00' 167T CJ 216.00' I4II' C4 179. Do, 11.76' CII wa00' 5a77 CfJ 1516.0 59.14' C74' 1516.00" 75.01' CIS' 131600 116' 147000, 75i 'C17' f47o.00' 0J' CI6 /D956' Id0.00• 90' Cf9 17270' 1516. 00' 37 B2' C20 1750Y9' 2112.01' 45 C22 76Y9'06 w JISY C23 7619t6' 70..ff 9M6.5' CN 5574"56' 2500' A25' C25 14"I 2500' 92Y C26 J9D1' .00' 6,90' C17 71W04'Aloo, C7B lY27' 245i C29 5074'07' 29JY CJ1 I150'i9' 799Q7' NM4 U9 7D1'JO" 1 00' C50 19YB'IB' /9600" LOTF 2 O.J6 acres 526247-4—-��1.90' 58 M4%69672 YCOp uA 2 7 EJ66d26J7 MOiM7 1 114' PA #M PIPE w/W SrAWW / LS M18 M R OF S 70/D6-94 MAP 25" MAP =At-66. NO TE L ST .S%UT 2 FOR LEQ70 AW RAX LF LMrV+A9L 164 10 ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32279 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of by and between STANDARD PACIFIC COACHELLA VALLEY, a Division of Standard Pacific Corp, a Delaware Corporation, 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. 32279 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security, shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 11 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Mirage TM 32279\0FFSITE_SIA.d0c 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 -+- 12 JASRahemtulla\Projects\La Quinta 53\Bonds\0FFSITE_SIA, Final, 11.14.05.doc I ( � 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 1 116 7 of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty 13 U:\SRahenntulla\Projects\La Quinta 53\Bonds\0FFSITE_SIA, Final, 11.14.05.doc 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. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. r 14 U:\SRahenntulIa\Projects\La Ouinta 53\6onds\OFFSITE_SIA, Final, 11.14.05.doc 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. UASRahemtulla\Projects\La Ouinta 53\Bonds\OFFSITE_SIA, Final, 11.14.05.doc � 0 5 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 of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Developer Address Standard Pacific Coachella Valley, a Division of Standard Pacific Corp. 15326 Alton Pkwy EXVt;_ 8 By, Date Title: Representative By: Il Date Title: Authorized Representative Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date U:\SRahenntulla\Projects\La Quinta 53\13onds\OFFSITE_SIA, Final, 11.14.05.doc Exhibit A OFF -SITE SECURITY — TRACT MAP NO. 32279 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 Storm Drainage Street Improvements Meandering 8ft Sidewalk Domestic Water Sanitary Sewer Ave 58 Street Light Landscaping (Parkway) Monumentation Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% Bond Amount Performance Labor & Materials $ 11,585 $ 11,585 $ 52,142 $ 52,142 $ 7,590 $ 7,590 $ 19,014 $ 19,014 $ 4,460 $ 4,460 $ 4,000 $ 4,000 $ 2,000 $ 100,791 $ 98,791 $ 10,079 $ 9,879 $ 110,870 $ 108,670 $ 11,087 $ 10,867 $ 11,087 $ 10,867 $ 133,044 $ 130,404 w t i t. 17 UASRahemtulla\Projects\La Quinta 53\Bonds\0FFSITE_SIA, Final, 11.14.05.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of J I I �.i.I m } ss. On I D before me, ,' Name anQ1Title � fflcer (e.g. 'Vanpoe, �otary Public')� personally appeared l��� Name(s) of Signer(s) Place Notary Seal Above personally known to me •� eon to be the person(s) whose name(s)-+s/are subscribed to the within instrument and acknowledged to me that -4efsiae/they executed the same in -k is�taexltheir authorized capaciW(ies), and that by _hiir�their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS a a d icial seal. Signat re of Not 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 Attal Title or Type of Docum Document Date: I V MI& �, o Number of Pages: i Signer(s) Other Than Named Above: Ny r w Capacity(ies) �Iirn e by,Slion_ier(sSigner's Name: i j'�l t�T ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑1 Attorney in Fact Trustee Guardia{ oy Consee aa�r Other:�/�y�jr ,��� Signer Is Representing RIGHT THUMBPRINT OF SIGNER Signer's Name: 1 add- S drnMfZ� ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General L_I Attorney in Fact ❑ Trustee ❑ Guardian or Conservator th r: Signer Is Representing: v RIGHT THUMBPRINT OF SIGNER Top of thumb here © 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 r' 18 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32279 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between STANDARD PACIFIC COACHELLA VALLEY, a Division of Standard Pacific Corp, a Delaware Corporation, 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. 32279 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 19 hr T:\Project Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Mirage TM 32279\ONSITE_SIA.doc B. Improvement security shall conform to Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be 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 20 U.\SRahemtulla\Projects\La Quinta 53\Bonds\0NSITE_SIA, Final, 11.14.05.doc 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 r, acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty 21 U:\SRahemtulla\Projects\La Quinta 53\Bonds\0NSITE_SIA, Final, 11.14.05.doc 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. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required �I by this Agreement or the Conditions of Approval, and any required construction quality documentation 1 not previously submitted. 22 U:\SRahemtulla\Projects\La Quinta 53\8onds QNSITE_SIA, Final, 11.14.05.doc 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. 23 U \SRahenntulla\Projects\La Ouinta 53\Bonds\ONSITE_SIA, Final, 11.14.05.doc C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Date DEVELOPER ADDRESS Standard Pacific Coachella Valley, a Division of Standard Pacific Corp. 15326 Alton Pkwy Irvine, CA 92618 By: Date Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date n� e 17S JASRahemtulla\Projects\La Quinta 53\Bonds\0NSITE_SIA, Final, 11.14.05.doc 24 Exhibit A ON -SITE SECURITY — TRACT MAP NO.32279 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ 126,803 $ 126,803 Storm Drainage $ 116,665 $ 116,665 Street Improvements $ 178,601 $ 178,601 Domestic Water $ 101,833 $ 101,833 Sanitary Sewer $ 90,355 $ 90,355 Dry Utilities $ 68,750 $ 68,750 Perimeter Wall $ 64,320 $ 64,320 Monumentation $ 1,000 Totals $ 748,327 $ 747,327 Standard 10% Contingency $ 74,833 $ 74,733 Total Construction Cost $ 823,160 $ 822,060 Professional Fees, Design 10% $ 82,316 $ 82,206 Professional Fees, Const 10% $ 82,316 $ 82,206 Bond Amount $ 987,792 $ 986,472 25 U\SRahemtulla\Projects\La Quinta 53\Bonds\0NSITE_SIA, Final, 11.14.05.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT � � 2 e - Y- - - > - - — - —-"�'rc-:<<.r,��-ncY'.c�P.c-•F�'- -..�'-.;�.��+x6�:e��,�''__ — - State of California ss. County of U� %� �} On before me, l�V� �� H D�� ) t Date Name and Ttle of Offic r ( g., "JayrQI No�Publi�� personally appeared ���m! r (� l 0 /YY/f Name(s) of Signer(s) Place Notary Seal Above rsonally known to me to be the person(s) whose name(s)•+s/are subscribed to the within instrument and acknowledged to me that he<sti /they executed the same in 44sfher/their authorized capaciW(ies), and that by_ ie/�their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS ha n official seal. nature of tary 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 �U � V)SI DZ't I YrL�I�V�- /') � r�ii��MM� Title or Type of Document: Document Date: 1 \J 0—H _ Number of Pages: Signer(s) Other Than Named Above: 1 \J O I ''`�Q Capacity(ies) 1 a by Sgn f (5 s) Signer's Name: �Fl Wfl Individual Corporate Officer — Title(s): ❑ Partner — Cl Limited ❑ General ❑ Attorney in Fact L Trustee ❑ Guardian r onse ator J Other: Ol Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Namelad��� ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Guardia or onservator VP Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER 6-1 © 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 26 TWyl 4 s4� Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 6, 2005 CONSENT CALENDAR: a ITEM TITLE: STUDY SESSION: Approval of a Lease Agreement With Nextel for Installation of a Cell PUBLIC HEARING: Tower at Fire Station 70 RECOMMENDATION: Approve a lease agreement with Nextel and authorize the City Manager to execute the appropriate documents. FISCAL IMPLICATIONS: Nextel will pay $1,900 a month in rental fees which will be increased by 3% yearly for inflation. The agreement also calls for Nextel to pay the City a one time signing bonus of $1,900. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Nextel approached the City with a proposal to lease a portion of the property where Fire Station 70 is located (541h and Madison at PGA West) for the purpose of installing a monopalm structure. Nextel received a Conditional Use Permit from the Planning Commission on November 8, 2005 for the monopalm. The proposed lease which is included as Attachment 1 is for five years with the option to extend for four (4) successive five-year periods. The proposed lease was negotiated through the City Attorney's office. The monopalm will not interfere with fire department operations. FINDINGS AND ALTERNATIVES: 1 . Approve a lease agreement with Nextel and authorize the City Manager to execute the appropriate documents; or 2. Do not authorize the City Manager to execute a lease agreement with the 1�1 2. Do not authorize the City Manager to execute a lease agreement with Nextel; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Director of Building & Safety Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Lease Agreement 2 Site: CA-8586A (PGA West) Market: Los Angeles ATTACHMENT 1 COMMUNICATIONS SITE LEASE AGREEMENT This COMMUNICATIONS SITE LEASE AGREEMENT ("Agreement') is dated as of 2005, by NEXTEL OF CALIFORNIA, INC., a Delaware corporation, d/b/a Nextel Communications ("Nextel" or "Tenant') and CITY OF LA QUINTA, a municipal corporation ("Owner" or "Landlord'). For One Dollar ($1.00) paid to Owner, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Premises. Owner owns a parcel of land ("Land") located in the City of La Quinta, County of Riverside, State of California, commonly known as 54001 Madison Street, La Quinta, CA 92253 (APN: 775-100-004). The Land is more particularly described in Exhibit A annexed hereto. Subject to the provisions of Paragraph 2 below ("Effective Date/Due Diligence Period"), Owner hereby leases to Nextel and Nextel leases from Owner: (i) approximately six hundred (600) square feet of the Land for the equipment shelter, (ii) approximately two hundred (200) square feet of the Land for the monopole, and (iii) all access and utility easements necessary or desirable therefor ("Premises"), as may be described generally in Exhibit B annexed hereto. 2. Effective Date/Due Diligence Period. This Agreement shall be effective on the date of full execution hereof ("Effective Date"). Beginning on the Effective Date and continuing until the Term Commencement Date as defined in Paragraph 3 below ("Due Diligence Period'), Nextel shall only be permitted to enter the Land for the limited purpose of making appropriate engineering and boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental tests (collectively, "Investigations and Tests") that Nextel may deem necessary or desirable to determine the physical condition, feasibility and suitability of the Premises. In the event that Nextel determines, during the Due Diligence Period, that the Premises are not appropriate for Nextel's intended use, or if for any other reason, or no reason, Nextel decides not to commence its tenancy of the Premises, then Nextel shall have the right to terminate this Agreement without penalty upon written notice to Owner at any time during the Due Diligence Period and prior to the Term Commencement Date. Owner and Nextel expressly acknowledge and agree that Nextel's access to the Land during this Due Diligence Period shall be solely for the limited purpose of performing the Investigations and Tests, and that Nextel shall not be considered an owner or operator of any portion of the Land, and shall have no ownership or control of any portion of the Land (except as expressly provided in this Paragraph 2), prior to the Term Commencement Date. 3. Term. The term of Nextel's tenancy hereunder shall commence upon the issuance of a building permit for the Tenant Facilities (as defined in Paragraph 6(a) below) or twelve (12) months following the Effective Date, whichever first occurs ("Term Commencement Date") and shall terminate on the fifth anniversary of the Term Commencement Date ("Term") unless otherwise terminated as provided herein. Tenant shall have the right to extend the Term for four (4) successive five (5) year periods ("Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Tenant notifies Landlord of its intention not to renew at least ninety (90) days before the date the Term or Renewal Term, as the case may be, would otherwise end. The Term and all Renewal Terms are collectively referred to hereafter as the "Agreement Term." 4. Rent. 3 Site: CA-8586A (PGA West) Market: Los Angeles (a) Within fifteen (15) business days following the Term Commencement Date and on the first day of each month thereafter, Tenant shall pay to Landlord as rent One Thousand Nine Hundred and 00/100 Dollars ($1,900.00) per month ("Rent'). Rent for any fractional month at the beginning or at the end of the Agreement Term shall be prorated. Rent shall be payable to Landlord by check, money order, or certified check to City of La Quinta, 78-495 Calle Tampico, La Quinta, CA 92253; Attention: City Treasurer. All of Tenant's monetary obligations set forth in this Agreement are conditioned upon Tenant's receipt of an executed W-9 Form from Landlord. (b) Rent shall increase on each anniversary of the Term Commencement Date by an amount equal to three percent (3%) of the Rent then in effect for the previous year. (c) As additional consideration, within thirty (30) days after the Term Commencement Date, Tenant shall pay to Landlord a one time signing bonus of One Thousand Nine Hundred and 00/100 Dollars ($1,900.00). (d) Prior to the Term Commencement Date, Tenant shall furnish or cause to be furnished to Landlord a good and sufficient bond, in the form and from an entity approved by the City Attorney, entitled Performance Bond in the amount of Fifty Thousand and 00/100 Dollars ($50,000.00), or such other comparable security instrument as approved by the City Attorney, securing the faithful performance by Tenant of all the terms and conditions of this Agreement. 5. Use. From and after the Term Commencement Date, the Premises may be used by Tenant for the construction, operation and maintenance of the Tenant Facilities. Tenant shall have the ongoing right to perform such Investigations and Tests as Tenant may deem necessary or desirable to construct, operate and maintain the Tenant Facilities. Landlord agrees to make reasonable efforts to cooperate with Tenant, at Tenant's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Tenant's operation of the Tenant Facilities on the Premises. 6. Facilities; Utilities; Access. (a) Tenant has the right to construct, erect, maintain, replace, remove, operate and upgrade on the Premises communications facilities, including without limitation an antenna tower or pole, with up to six (6) antennae, and foundation, underground utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, transmitting and receiving antennas, a standby power generator and generator pad, supporting equipment and structures therefor ("Tenant Facilities"). In connection therewith, Tenant has the right to do all work necessary to prepare, maintain and alter the Premises for Tenant's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner. Tenant shall hold title to the Tenant Facilities and all of the Tenant Facilities shall remain Tenant's personal property and are not fixtures. Tenant has the right to remove the Tenant Facilities at its sole expense on or before the expiration or earlier termination of this Agreement, and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. Upon the expiration or earlier termination of this Agreement, Tenant shall, at its sole cost and expense remove the Tenant Facilities from the Land and restore the Premises to its original condition, wear and tear excepted, within sixty (60) days following the expiration or termination of this Agreement, but Tenant is not required to remove any foundation more than three (3) feet below grade level. (b) Prior to commencement of construction of the Tenant Facilities and prior to any substantial alteration or modification to the Tenant Facilities (excluding routine maintenance, repairs, the like -kind replacement of the Tenant Facilities, or any modifications to the interior of the 4 Site: CA-8586A (PGA West) Market: Los Angeles equipment shelter or items housed therein), Tenant shall submit copies of the site plan and specifications (collectively, "Plans") to Landlord for prior approval, which approval will not be unreasonably withheld, conditioned, or delayed. Landlord shall give such approval or provide Nextel with its requests for changes within ten (10) business days of Landlord's receipt of the Plans. If Landlord does not provide such approval or request for changes within such ten (10) business day period, Landlord shall be deemed to have approved the Plans. Landlord shall not be entitled to receive any additional consideration in exchange for reviewing or giving its approval for the Plans; provided, however, Tenant shall pay for all applicable engineering plan check and permitting fees associated with construction, addition, alteration or modification of the Tenant Facilities. (c) Tenant shall pay for the utilities it consumes in its operations at the rate charged by the servicing utility company. Tenant shall obtain separate utility service from any utility company that will provide service to the Land. Tenant shall design its utility runs to be underground unless otherwise required by the servicing utility company. If above ground utility runs are required by a servicing utility company, Tenant must request and obtain approval of the design of the above ground utility from Landlord, which consent shall not be unreasonably withheld. Landlord agrees to sign such documents or easements as may be required by said utility companies to provide such service to the Premises, including the grant to Tenant or to the servicing utility company at no cost to the Tenant, of an easement in, over across or through the Land as required by such servicing utility company to provide utility services to Tenant as provided herein. Any easement necessary for such power or other utilities will be at a location acceptable to Landlord and the servicing utility company. (d) Tenant, Tenant's employees, agents and contractors shall have access to the Premises without notice to Landlord twenty-four (24) hours a day, seven (7) days a week, at no charge. For the Agreement Term, Landlord grants to Tenant, and Tenant's agents, employees, contractors, guests and invitees, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across the Land as may be described generally in Exhibit B. (e) Landlord shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Landlord shall be responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Tenant's use of such roadways, which damage shall be repaired at Tenant's sole expense. Notwithstanding the foregoing, Tenant may construct an access road to the Premises ("Access. Road'), across the Land as more fully described in Exhibit B, if such Access Road is reasonably necessary for Tenant's ingress to and egress from the Premises. Tenant shall be responsible for maintaining and repairing such Access Road until the expiration or earlier termination of this Agreement, at its sole expense, less reasonable wear and tear or loss caused by other casualty or cause beyond Tenant's control. Landlord shall be responsible for any damages to the Access Road caused by Landlord, or Landlord's agents, employees, licensees, invitees or contractors, use of the Access Road, and shall be responsible for maintaining and repairing the Access Road from and after the expiration or earlier termination of this Agreement, which costs shall be Landlord's sole responsibility. (f) Prior to commencing construction of the Tenant Facilities, Landlord and Tenant shall meet to discuss the locations of the existing underground utilities and irrigation in order to minimize any accidental contact therewith. In the event Tenant damages said utilities and/or irrigation, Tenant shall cause them to be repaired at Tenant's sole cost and expense, and to Landlord's reasonable satisfaction. 5 Site: CA-8586A (PGA West) Market: Los Angeles 7. Interference. (a) Tenant shall operate the Tenant Facilities in compliance with all Federal Communications Commission ("FCC') requirements and in a manner that will not cause interference to Landlord or other lessees or licensees of the Land, provided that any such installations predate that of the Tenant Facilities. Tenant's failure to comply with this paragraph shall be a material breach of this Agreement. (b) Subsequent to the installation of the Tenant Facilities, Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any alterations to the Land or property contiguous thereto owned or controlled by Landlord, if such modifications will cause interference with Tenant's operation of the Tenant Facilities. In the event interference occurs, Landlord agrees to use best efforts to eliminate such interference in a reasonable time period. Landlord's failure to comply with this paragraph shall be a material breach of this Agreement. 8. Taxes. Landlord acknowledges that: (i) the Tenant Facilities are deemed personal property and (ii) Tenant pays all personal property taxes on the Tenant Facilities directly to the State of California. In the event Landlord's real property taxes on the Land are increased as a direct result of the presence of the Tenant Facilities thereon, Tenant shall reimburse Landlord for such increase, provided that Landlord cooperates with Tenant, at Tenant's sole cost and expense, in filing an appeal against such increase. Landlord shall not be entitled to any additional consideration for giving its cooperation. Additionally, Tenant shall be entitled to keep all amounts recovered from such appeal. g. Waiver of Landlord's Lien. (a) Landlord waives any lien rights it may have concerning the Tenant Facilities, all of which are deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without Landlord's consent. Tenant shall, at its sole cost and expense, repair any and all damage to the Premises and/or to the Land caused by such removal. (b) Landlord acknowledges that Tenant has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Tenant Facilities ("Collaferaf') with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Landlord (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed by Tenant's lenders at any time without recourse to legal proceedings. Tenant shall, at its sole cost and expense, repair any and all damage to the Premises and/or to the Land caused by such removal. 10. Termination by Tenant. (a) Except as otherwise set forth herein, this Agreement may be terminated by Tenant on thirty (30) days prior written notice without further liability as follows: (i) if Tenant does not obtain, after use of all good faith efforts, any license, permit or other approval necessary for the construction and operation of the Tenant Facilities; or (ii) if Tenant, through no fault of its own, is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; or (iii) if any environmental report for the Land Site: CA-8586A (PGA West) Market: Los Angeles conducted after the Term Commencement Date reveals the presence of any Hazardous Material (as defined in Paragraph 18(c) below) on the Land (including the Premises) which were not placed on the Land (including the Premises) by Tenant; or (iv) if Tenant determines that the Premises are not appropriate for its operations for technological reasons, including, without limitation, signal interference; (v) if Landlord fails to deliver to Tenant within thirty (30) days of the Term Commencement Date an executed memorandum of agreement in a form substantially similar to that appearing in Exhibit C to this Agreement. (b) So long as Landlord complies with its interference obligations under Paragraph 7(b) above, if Tenant terminates this Agreement pursuant to Paragraph 10(a)(iv) above at any time during the first five (5) years after the Term Commencement Date, Tenant shall pay to Landlord as a termination fee six (6) months' worth of the Rent then in effect. 11. Destruction or Condemnation. If the Premises or Tenant Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Tenant may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Landlord no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. If Tenant chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises. Tenant acknowledges and agrees that nothing in this Agreement in any way limits Landlord's authority in its municipal capacity to exercise the power of Eminent Domain to take real property, including the leasehold interest granted hereby, for a public purpose, provided Landlord complies with the provisions set forth in all California statutory and case law governing Eminent Domain. 12. Insurance. (a) Tenant, at Tenant's sole cost and expense, shall procure and maintain on the Premises and on the Tenant Facilities, bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Tenant, its employees and agents arising out of or in connection with Tenant's use, disuse, occupancy and maintenance of the Premises and all improvements located thereon. Landlord shall be named as an additional insured on Tenant's policy. Within thirty (30) days following the Effective Date, Tenant may, at its option, (i) provide Landlord with a certificate of insurance ("COP') evidencing the coverage required by this Paragraph 12, or (ii) electronically provide Landlord with a memorandum of insurance ("MOI") evidencing the coverage required by this Paragraph 12(a). In the event Tenant elects to provide Landlord with a MOI, Tenant shall provide Landlord with a uniform resource locator ("URV) link to Tenant's MOI web site, which is currently http://www.marsh.com/moi?client=3424. (b) Landlord, at Landlord's sole cost and expense, shall procure and maintain on the Land, bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Landlord, its employees and agents arising out of or in connection with Landlord's use, disuse, occupancy and maintenance of the Land and all improvements located thereon. 13. Waiver of Subrogation. Landlord and Tenant release each other and their respective principals, employees, representatives and agents, from any claims for damage to any ", VA Site: CA-8586A (PGA West) Market: Los Angeles person or to the Land or the Premises or to the Tenant Facilities or any other property thereon caused by, or that result from, risks insured against under any insurance policies carried by the parties and in force at the time of any such damage. Landlord and Tenant shall cause each insurance policy obtained by them to provide that the insurance company waives all right of recovery by way of subrogation against the other in connection with any damage covered by any policy. Neither Landlord nor Tenant shall be liable to the other for any damage caused by fire or any of the risks insured against under any insurance policy required by Paragraph 12. 14. Liability and Indemnity. Landlord and Tenant shall each indemnify, defend and hold the other harmless from and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants' fees, costs and expenses) (collectively "Losses") arising from the indemnifying party's breach of any term or condition of this Agreement or from the negligence or willful misconduct of the indemnifying party's agents, employees or contractors in or about the Land. The duties described in this Paragraph 14 shall apply as of the Effective Date of this Agreement and survive the termination of this Agreement. 15. Assignment. Tenant may assign this Agreement; provided, however, that said assignment shall be in its entirety, and further provided that such assignment be evidenced by written notice to Landlord within a reasonable time thereafter. Said assignment shall require that the assignee assume all of Tenant's obligations herein. Upon assignment, Tenant shall be relieved of all future performance liabilities and obligations under this Agreement. Landlord may assign this Agreement, which assignment may be evidenced by written notice to Tenant within a reasonable period of time thereafter, provided that the assignee assumes all of Landlord's obligations herein, including but not limited to, those set forth in Paragraph 9 ("Waiver of Landlord's Lien") above. This Agreement shall run with the Land and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, heirs and assigns. Notwithstanding anything to the contrary contained in this Agreement, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 16. Warranties and Quiet Enjoyment. (a) Landlord warrants that: (i) Landlord owns the Land in fee simple and has rights of access thereto; and (ii) to the best of Landlord's actual knowledge without investigation or inquiry, the Land is free and clear of all liens, encumbrances and restrictions which would effect Tenant's use of the Premises as contemplated in this Agreement except those of record as of the Effective Date. (b) Landlord covenants and agrees with Tenant that Tenant may peacefully and quietly enjoy the Premises, provided that Tenant is not in default hereunder after notice and expiration of all cure periods. 17. Repairs. Tenant shall repair any damage to the Premises or Land caused by the negligence or willful misconduct of Tenant. Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Tenant, at its sole cost and expense, shall repair the Premises to substantially the condition in which it existed upon start of construction, reasonable wear and tear and loss by casualty or other causes beyond Tenant's control excepted. Ft7 Site: CA-8586A (PGA West) Market: Los Angeles 18. Hazardous Material. (a) As of the Effective Date of this Agreement: (1) Tenant hereby represents and warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or affecting the Land in violation of any Environmental Law (as defined below), and (2) Landlord hereby represents and warrants that (i) it has no knowledge of the presence of any Hazardous Material located in, on, under, upon or affecting the Land in violation of any Environmental Law; (ii) no notice has been received by or on behalf of Landlord from, and Landlord has no knowledge that notice has been given to any predecessor owner or operator of the Land by, any governmental entity or any person or entity claiming any violation of, or requiring compliance with any Environmental Law for any environmental damage in, on, under, upon or affecting the Land; and (iii) it will not permit itself or any third party to use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting the Land in violation of any Environmental Law. (b) Without limitation of Paragraph 14, Landlord and Tenant shall each indemnify, defend and hold the other harmless from and against all Losses arising from (i) any breach of any representation or warranty made in this Paragraph 18 by such party; and/or (ii) environmental conditions or noncompliance with any Environmental Law (as defined below) that result, in the case of Tenant, from operations in or about the Land by Tenant or Tenant's agents, employees or contractors, and in the case of Landlord, from the ownership or control of, or operations in or about the Land by Landlord or Landlord's predecessors -in -interest, and their respective agents, employees, contractors, tenants, guests or other parties. The duties described in this Paragraph 18 shall apply as of the Effective Date of this Agreement and survive termination of this Agreement. (c) "Hazardous Material' means any solid, gaseous or liquid wastes (including hazardous wastes), any regulated substances, pollutants or contaminants or terms of similar import, as such terms are defined in any Environmental Law, and shall include, without limitation, any petroleum or petroleum products or by-products, flammable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and any other substance or material which constitutes a threat to health, safety, property or the environment or which has been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any Environmental Law. (d) "Environmental Law" means any and all federal, state or local laws, rules, regulations, codes, ordinances, or by-laws, and any judicial or administrative interpretations thereof, including orders, decrees, judgments, rulings, directives or notices of violation, that create duties, obligations or liabilities with respect to: (i) human health; or (ii) environmental pollution, impairment or disruption, including, without limitation, laws governing the existence, use, storage, treatment, discharge, release, containment, transportation, generation, manufacture, refinement, handling, production, disposal, or management of any Hazardous Material, or otherwise regulating or providing for the protection of the environment 19. Defaults. (a) The occurrence of any one or more of the following events shall constitute an "Event of Default" hereunder. Site: CA-8586A (PGA West) Market: Los Angeles (1) The failure by Tenant to make any payment of Rent or any other payment required to be made by Tenant hereunder when due, where such failure shall continue for a period of (10) days after written notice thereof is received by Tenant from Landlord. (2) The failure by either party to observe or perform any of the covenants or provisions of this Agreement to be observed or performed by such party, other than as specified in Paragraph 19(a)(1) above, where such failure shall continue for a period of thirty (30) days after written notice thereof is received by the defaulting party; provided, however, that it shall not be deemed an Event of Default if the defaulting party shall commence to cure such failure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. (b) If there occurs an Event of Default, in addition to any other remedies available at law and/or in equity, each party shall have the option to terminate this Agreement. 20. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) Both parties represent and warrant that their use of the Land and their real and personal property located thereon is in compliance with all applicable, valid and enforceable statutes, laws, ordinances and regulations of any competent government authority. (c) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (d) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (e) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Landlord: Tenant: City of La Quinta Nextel of California, Inc. 78-495 Calle Tampico 310 Commerce La Quinta, CA 92253 Irvine, CA 92602 Attn: Tom Hartung Attn: Property Manager Phone: (760) 777-7012 Phone: (714) 368-3500 With a copy to: Nextel Communications, Inc. 2001 Edmund Halley Drive Reston, VA 20191-3436 Second Floor, Mail Stop 2E225 Attn: Site Leasing Services, Contracts Manager 10 Site: CA-8586A (PGA West) Market: Los Angeles Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt. (f) This Agreement shall be governed by the laws of the State of California, applicable building codes, Municipal regulations and ordinances affecting the Land. (g) Landlord agrees to execute and deliver to Tenant a Memorandum of Agreement in the form annexed hereto as Exhibit C and acknowledges that such Memorandum of Agreement will be recorded by Tenant in the official records of the County where the Land is located. (h) At Tenant's sole cost and expense, Landlord agrees to reasonably cooperate, including executing necessary documentation, with Tenant to obtain information and documentation clearing any outstanding title issues that could adversely affect Tenant's interest in the Premises created by this Agreement. (i) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent. 0) Each of the parties hereto represent and warrant that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Agreement. (k) The captions and headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provision of this Agreement. (I) All Riders and Exhibits annexed hereto form material parts of this Agreement. (m) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. (n) Venue for any action to enforce this Agreement shall be in the Riverside County Superior Court. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of the last signature below. LANDLORD: TENANT: CITY OF LA QUINTA, a municipal corporation By: Name: Title: Date: Tax I.D.: Thomas P. Genovese NEXTEL OF CALIFORNIA, INC., a Delaware corporation, d/b/a Nextel Com unicatio s By: __ -I,J'11",-�all Name: Eric M. Woodruff . // City Manager Title Date: Director of Site Development l Los 191 11 Site: CA-8586A (PGA West) Market: Los Angeles EXHIBIT A DESCRIPTION OF LAND to the Agreement dated 1 2005, by and between City of La Quinta, a municipal corporation, as Landlord and Nextel of California, Inc., a Delaware corporation, d/b/a Nextel Communications, as Tenant. The Land is described and/or depicted as follows (metes and bounds description): APN: 775-100-004 LEGAL DESCRIPTION 1 xd r L d L I c,, cl i h-2 SLa U r ,-I L v FA R' CA,! S T - CE THE NIf 11THIE' 01- -2 T, T 7 Flt.N T�, ,TS4 j � I N T-J �E .ITY ;F TA, cz r T-,, T T:-i L- RTVER,�T-F, TAT-":?F 1, T F 0 R71 1.7k a 5, N F T,VTN U.' T�T TI-17 N�iz 71"R E.T�`z T 7J,— P F S,' C7 T` 1, r P.--C:CRD r ST-T,7,`7y, FTLFD IN L., FU9i", TTHPOUGT7. 51 a F1 R. P_7( C.P` ;, 7 V j-,-Pt THE iE C01; -,"T-NTY, POINT 7JS0 -7N-7RL IT 17 74 T: -TR— T T--7, (77,177F.7,T717 -.7, r-IT-- F .1 t, 7 FEET 7-TH 10 ` FAST 2--.T RTM.-T TNK 1-ES' THE C:7NTE-7- IN C, F A DIST�VN- ET 7' S r--,- T-1 i 0 A 7(,-T'-TT IN TFT E ', F - �, . .) 0 F - OFF 7.,v;'!.Y LINE OF 54,T-H t,'�IENTJE, SAID J,;OTIIT PEUIC 3 T-;.` 7.:;I 1T R77111", I NN T 1" I, L F 5.1 TH 7Fir'_ , 7) 1 TRN C 0 F -.,q 9 6 F7 F T H JZ C T 16 4 E I-, '33T :j 7 STF,I wF C- U F E E T T Pi 'CT N T -,A C TNll J11 T .N� -11., RJ"It1l, OF WAY LiNIR L 2 T F P ZOM T',-11-12 Cr-1172-.RL111-2 C;FF t4ra,;q, p -,7r, �i,,AY L rl;7 T- �pT,y JZT�; TKLET, 71 OF 21772,11-1 FEET; I,,` C 'K;F.'3 T A 71- 1 T P111111 C, C, 1) F I ':11) - D' GTMNITQ�z A t't� n , - I '-,,I A. Rjt I TJ S r. T:_:.__,._,_. A t:-.Zj,,13'F,,A7 AN3'L Z 0 F 0 T A I iz T AN CE F 8 C 14 2 F E E TI A POI11T OF A C`-',RV7-, E i%VIN. RRIUS ()F I 74 . QC FEET, T"FO;`U-H T, CEN'T'F;%L F7ET.,,T; INIEEST, A J3e'-E Of G4,4-- FE-,�T T.0 n-ESINI !N��', 2 OF JplP-l` 4 6 9 A CENTR.AM :LNGLE OF FEE7 , -G- '.RC L1ST,1-NC'2 Or- F E,-:" T T 'HE7 N C DIST.,MICE OF -22,50 FEET T,0 POE,ZT End of Legal Description 12 Site: CA-8586A (PGA West) Market: Los Angeles EXHIBIT B DESCRIPTION OF PREMISES to the Agreement dated 1 2005, by and between City of La Quinta, a municipal corporation, as Landlord and Nextel of California, Inc., a Delaware corporation, d/b/a Nextel Communications, as Tenant. The Premises are described and/or depicted as follows: Date: July 12, 2005 Site: CA 8586 A — PGA West Address: 54001 Madison Street, La Quinta, CA 92253 APN: 775-100-004 DRAWING NOT TO SCALE N 54'e Avenue i 1 I Property Line I I I I � I I I I I I $ 1 I I (E) Bldg I o 1 I � I I � I 0 (E) Bldg I 1 I 1 I I Nextel MonOpalm•Area Approx 10'x 20' 3 not I fenced (E) Gele (E)CMU Wap Nexbl Equipment �� (E)Lurb .� I / Area: 20'x30- fenced ` I NexlelAu se APProx 12'witle Parking Lot ' 1 (E) Trende.me. � Neslal Nezlei Propmed 1 � Proposed TNco Poxes Eeeemenl � --' _____ Easement Notes: 1. Tenant may replace this Exhibit with a survey of the Premises once Tenant receives it. 2. The Premises shall be setback from the Land's boundaries as required by the applicable governmental authorities. 3. The access road's width will be the width required by the applicable governmental authorities, including police and fire departments. 4. Tenant may install up to twelve (12) antennas and fifteen (15) coaxial cables. The type, number, mounting positions and locations of antennas and transmission lines are illustrative only. The actual types, numbers, mounting positions and locations may vary from what is shown above. 5. The location of any utility easement is illustrative only. The actual location will be determined by the servicing utility company in compliance with all local laws and regulations. V a�'Ilgf 13 Site: CA-8586A (PGA West) Market: Los Angeles EXHIBIT C RECORDED AT REQUEST OF, AND WHEN RECORDED RETURN TO: Nextel of California, Inc. 310 Commerce Irvine, CA 92602 Attn: Property Manager MEMORANDUM OF AGREEMENT CA-8586A / PGA West APN: 775-100-004 This MEMORANDUM OF AGREEMENT is entered into on this day of 2005, by City of La Quinta, a municipal corporation, with an address at 78-495 Calle Tampico, La Quinta, CA 92253 (hereinafter referred to as "Owner" or "Landlord') and Nextel of California, Inc., a Delaware corporation, d/b/a Nextel Communications, with an office at 310 Commerce, Irvine, California, 92602 (hereinafter referred to as "Nextel" or "Tenant'). Landlord and Tenant entered into a Communications Site Lease Agreement ("Agreement') dated as of , 2005, effective upon full execution of the parties ("Effective Date") for the purpose Nextel undertaking certain Investigations and Tests and, upon finding the Land appropriate, for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Agreement. 2. The term of the Agreement is for five (5) years commencing on the issuance of a building permit for the Tenant Facilities or twelve (12) months following the Effective Date of the Agreement, whichever first occurs ("Term Commencement Date"), and terminating on the fifth anniversary of the Term Commencement Date with four (4) successive five (5) year options to renew. The Land that is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Tenant and all necessary access and utility easements (the "Premises") are set forth in the Agreement. In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first written above. LANDLORD: City of La Quinta, a municipal corporation TENANT: Nextel of California, Inc., a Delaware corporation, d/b/a Nextel Communications By: NOT FOR EXECUTION — By: NOT FOR EXECUTION — EXHIBIT ONLY EXHIBIT ONLY Name: Thomas P. Genovese Name: Eric M. Woodruff Title: City Manager Title: Director of Site Development Date: Date: �14 14 STATE OF F, COUNTY OF On , before me, , Notary Public, personally appeared Thomas P. Genovese personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: STATE OF COUNTY OF On , before me, , Notary Public, personally appeared Eric M. Woodruff, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: ) 0,; 15 Of T D COUNCIL/RDA MEETING DATE: December 6, 2005 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Denial of Claim for Damages Filed CONSENT CALENDAR: By Ida Freedman — Date of Loss: June 27, 2005 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Deny the Claim for Damages filed by Ida Freedman, with a reported date of loss of June 27, 2005. FISCAL IMPLICATIONS: The total amount of the claim was $464.00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Ida Freedman with a reported date of loss of June 27, 2005, (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: f -� 1 . Deny the Claim for Damages filed by Ida Freedman with a reported date of loss of June 27, 2005; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, John Ruiz, PersorunOl/Risk Manager Approved for submission by: cP��'�'t.,.c-�° -. , ry �,.,t `tom. �• �.E"'�` 'C:,e�" Thomas P. Genovese, City Manager Attachment: 1 . Ida Freedman, Claim for Damages 2 FILE WITH: CITY CLFRK'S nFFICF CLAIM FOR DAMAGES ATTACHMENT 1 City of La Quinta TO PERSON OR PROPERTY P.O. Box 1504 CLAIM NO. La Quinta, CA 92253 -� c z INSTRUCTIONS 1. Cl ims fordeath, person or to personal property must be filed not later than six months after injury to M W n r ( § ) r— o rn 2. Claims for damages to real property must be filed not later than t year after the occurrence. (Gov. A < Code § 9112.) �D rn 3. Read entire claim form before filing. o e 4: See page 2 for diagram upon which to bate place of accident. -,� JCD 7� 5. This claim form must be signed on page 2 at bottom. D 6. Attach separate sheets, K necessary, to give full details. SIGN EACH SHEET. �c rn N TO: [Name of Calluy7lq Date of Birth of Claimant `I-16 - a Name of Claimant occupation of Claimant =� Home Address of Claimant and State g L l0w� Telephone of Claimant "36" a C � - 3 go Business Address of Claimant City and State Business Telephone of Claimant Give address and telephone number to which you desire notices or communications to be sent Claimant's Social Security No.: regarding claim: - - , `77 57S Melrlave C7'L paL, 1 De,Se a 9"2,2!( ' When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE: Date: (- - ;" 7 - 05 Time: _�, --/'0 P P) If Claim is for Equitable Indemnity, give date Claimant served with the complaint Date: , Where did DAMAGE or INJURY occ&? Describe fully. and locate on diagram on fevers _quip nf this ,hppt Where anmmrinte nive street names and address and measurements from landmarks: Describe in detail how the DAMAGE or INJURY occurred. �r-1 1 of a ��� � �r r� r-� o �-h � �i� �i�l� C,q�) - oN ..x r 7A11- /!�'c � o FF, Why do you daim the city is responsible? b4vlj� �j 11 3TXe76--) S i— T S � OC4 r e/ga t K v 00 + l e,{- -4� K- (? le I V _( 0-to vyl a� e -'�" _)_(j y t'If - V e k t- C (e S Describe in detail each INJURY or DAMAGE ul e e Sec/ - rr (Y (�4 «1 a. e d a- n cL { rU c/ -4-6 0*1C (veldt" t AR rIM7 SEE PAGE'2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE 1109V The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property ..................... $ �J Expenses for medical and hospital care ..... $ _—— Loss of earnings ........................ $ Special damages for ..................... $ General damages ....................... $ Total damages incurred to date .......... $ �_z_ Total amount claimed as of date of presentation of this daim: $ Future expenses for medical and hospital care .$ , Future loss of earnings ....................$ 1 Other prospective special damages ..........$ Prospective general damages ..............$ Total estimated prospective damages .......$ Was damage and/or injury investigated by police? 416 If so, what city? _ Were paramedics or ambulance called? If so, name city or ambulance If injured, state date, time, name and address of doctor of your initial visit WITNESSES to DAMAGE or Ill Name \ Name Name - List all persons and addresses ofa rsons known to have information: Address Phone Address Phone Address Phone DOCTOR AND HOSPITALS: Hospital N Address Phone Doctor Address 'Phone Doctor Address Phone READ CAREFULLY For all accident claims place on following diagram name of streets, including North, accident by A-1' and location of yourself or your vehicle at the time of the accident East, South, And West; indicate place of accident by 'X" and by showing house by'B-1' and the point of impact by "X.' numbers or distances lo street comers. If City Vehicle was involved, designate by letter'N location of City Vehicle when you first saw it, and by'B" location of yourself NOTE: fi diagrams below do not fit the situation, attach hereto a proper diagram or your vehicle when you first saw City Vehicle; location of City vehicle at time of signed by claimant W CURB or person filing on to Clai t: - 4a�7L4,1-1 �o Si � cu9.�KS 4 le- e PARKWAY SIDEWALK V T T' -J:: 0Jj FK C C t) "1q 1-t) 510/0 CURB —Z Date: 6/zq/a-- I NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code § 915a.) Presentation of a false claim is a felony (Pen. Code 672.) 11 Inicans-w HONDA Wit_ o Mali 951 1 1 , t ashIncludes: Replace engine oil and filter. Check all fluid levels. Inspect wiper blades. Inspectnrun• CV boots for damage. 2 4 1 'Inspect tires for Near and damage. Adjust tire pressure if needed. In and out in 30 minutes! Expires 6 Months I Plus Tax Where Applicable. Please present coupon during write-up. Not to be combined with any other discounts. Hondas only. From Date of Invoice �— -- ---- — -----ter---- -------- ---���� Unic HONDA Auto Mall Exit Washington 78-970 VARNER RD. INDIO, CA 92203 PHONE (760) 345-7555 FAX (760) 345-7556 WEBSITE WWW.UNICARSHONDA.COM DATE ENTERED YOUR ORDER NO. DATE SHIPPED INVOICE DATE INVOICE 9 JUN 05 9 JUN 05 1 NUMBER 172196 S **PREPAID** S 0 ACCOUNT NO. 10 H PAGE 1 OF 1 L I D MARVINMFREEDMAN PH 0 T O 0 t ��n ��ri aian bHIP VIA SLSM. 1271 TERMS CASH F.O.B. POINT INDI0 CA ' °U.CE PARPARTNO. --�LSC R T1.0N �LIST— bN O CE ° * 261 1 08F53-SDB-100 FINISHER, EX- 0 89.00 75.65 75.65 DISCLAIMER OF WARRANTIES *** ABOVE PART IS PREPAID *** THE ONLY WARRANTIES APPLYING TO THIS PART(S) ABOVE ITEM WILL BE INSTALLED FOR $36.00 IN LABOR ARE THOSE WHICH MAY BE OFFERED BY THE MANUFACTURER. THE SELLING DEALER HEREBY <. EXPRESSLY DISCLAIMS ALL - WARRANTIES, EITHER EXPRESS OR IMPLIED, c=•: .:.. INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR p FITNESS FOR A L PARTICULAR PURPOSE, - -- rL AND NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ' 1 ASSUME FOR IT ANY i I ` ^ UN L nn,^, ' -� J i ' ' LIABILITY IN CONNECTION WITH THE SALE OF THIS I I �! ! - - PART(S) AND/OR SERVICE. l ! BUYER SHALL NOT BE ENTITLED TO RECOVER tqS1 I FROM THE SELLING DEALER ANY CONSEQUENTIAL DAMAGES, DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF USE, LOSS OF TIME, LOSS OF PROFITS. OR INCOME. OR ANY OTHER THANKS FOR CHOOSING "UNICARS HONDA" INCIDENTAL DAMAGES. PARTS 75.65 FOR YOUR PARTS NEEDS TODAY !!! YOUR SUBLET BUSINESS IS VERY IMPORTANT TO US !! FREIGHT 0.00 OPEN 7-6 MONDAY TO SATURDAY! SALES TAX 5.86 THANKS AGAIN! - CUSTOMER'S SIGNATURE ( ` X ,, J TOTAL 81.51 Ef uuSPECIAL ORDER OR FACTORY ORDERED ITEMS NOT RETURNABLE. ELECTRICAL PARTS NOTHRETURNABLE. RETURNED PARTS MUST BE IN THE UNOPENED AND UNDAMAGED ORIGINAL CONTAINER. 20% HANDLING CHARGE ON ALL MERCHANDISE RETURNED FOR CREDIT. WE ARE NOT rj RESPONSIBLE FOR ANY LABOR ON PARTS NOT INSTALLED BY OUR SHOP. NO REFUND WITHOUT THIS INVOICE. CUSTOMER COPY fT 0i}Il E lil•i1.i4Y ND IT 6, CA 92"201 - -El - DRiTE% Tiff VGA i' � t ��13> �• � ' TL17 3MR1 CM TfFE. 1EPf I D .TRms Tv `°` f -4,t� I ICET LICE SUP''Off_------------ -- i R E ,L FelI` AT, CY-VE TOTAL �iICii_ii Er I , r FZ GOODj�YEAR F,AR# Af�:��42t�� EF'A# PIES , ES23985 JACK SAUTER ' S TIRE FACTORY INVOICE # : 27c7()317o 1 78105 COUNTRY CLUB DRIVE PAGE: 1 BERMUDA DUNES. CA TIME STARTED: r i7 : 26 : 40 92203-9202 TIME CLOSED: 15 : 58 : i 8 760/360-8552 (`.IONS I G # : 000173324 CUSTOMER: MARVIN FREEDMAN 77575 MARLOWE CT PALM DESERT. CA 92211 HOME:: 7 60 /360-439i i c i VEHICLE: 2003 HONDA ACCORD SALESMAN: GREEN. R I CHARD LICENSE: 5CNK231 CA MILEAGE: 93� �0 COLOR: GREEN ENGINE: 2.4L L4 FI INVOICE DATE:: 06 / 28 /05 DUE: 06 /28 /05 ------------------------------------------------------------------------------- PRODUCT MECHANIC QUANTITY PRICE LABOR EXTENSION ------------------------------------------------------------------------------- 205/60R16 91H EAGLE GT HR VSB TL 354 2 107.00 214.00 100391200 WHEEL BALANCE: 202 2 10.00 20.00 093201 NEW RUBBER VALVE STEM 202 2 2.99 5.98 041263 TIRE DISPOSAL FEE - PASSENGER 354 2 2.25 4.50 i i9393o CALIFORNIA STATE. TIRE_ FEE 354 2 1.75 3.50 99TIRE TAX Reoistration: Serial# MKXVRHTR1405 Quantity 2 Warranty Period i7 COMP 4 WHL ALIGN (ADTL REAR CRG ) 781 1 69.00 69 • t i 078162 INSPECT TIRES. ADJUST AIR PRESSURE - INSPECT STEERING AND SUSPENSION COMPONENT S - MEASURE AND CORRECT ALIGNMENT ANGLES ON FRONT AND REAR SHIM ADJUSTABLE WHE ELS - PROVIDE PRINT OUT WITH MANUFACTURERS SPECIFICATIONS - (SHIMS AND LABOR E XTRA WHERE REQUIRED) MERCHANDISE: 219.98 LABOR: 89.0o OTHER: 8.00 SALES TAX: 17.05 INVOICE TOTAL: 334.03 MASTER CARD 334.03 Acct #: *****************8974 Auth: 055487 TENDERED BY 354 WE OFFER NATIONWIDE TIRE ROAD HAZARD WARRANTY ON MOST TIRES AT A MINIMUM COST PER TIRE.NAPA NATIONWIDE LIMITED WARRANTY ON AUTOMOTIVE REPAIRS 1-800-452-6272 Customer SionatUre , j, � Printed Name: 7 GOODYEAR Name Marvin Freedman Address Telephone Vehicle 2003 Honda Accord License 5CNK231 CA Mileage 9440 Miles Technician 781 Time and Date 10:03:48 06/28/05 Specifications Honda 03 Accord LX/EX/EX-L incl. Coupe ALIONMENT SUMMARY Actual Min. Nominal Max. Left Front Camber .4- - 0.75, 0.00, 0.75- Caster 2.50, 3.25- 4.00, Toe -0.13" - 0.04" 0.00" 0.04" i SAI 8. 1 Included Angle 8.5, Right Front Camber - 0.2" - 0.75- 0.00-• 0.75, Caster 2.9, .::.50-. 3.25, 4.00, Toe 0.13" - 0.04" 0.00" 0.04" SAI 8. 7, Included Angle 8.5-+ IFront ICross Camber 0.6, ....... 0.00. ..... Cross Caster0.2" . 0.00- ......, Total Toe -0.0"0 -0.08" 0.00" 0.08" Set Back -0.20, I Left Rear Camber - 1.0- - 1.50-, - 1.00- - 0.50, Toe 0.00" 0.00" 0.04" 0.081' Right Pear Camber- - 1.4, - 1.50- -- 1.00" - 0.50- Toe -0.01" 0.00" 0.04" 0.08" Rear - Total Toe -0.01" 0.00" 0.08" 0.161, Thrust Angle 0.01- 10 i Ifl FZ GOOD �� YEAR Name Marvin Freedman Address Telephone Vehicle 2003 Honda Accord License SCNK231 CA Mileage 9440 Miles Technician 781 Time and Date 10:22:29 06/28/03 Specifications Honda 03 Accord LX/EX/EX-L incl. Coupe ALIGNMENT SUMMARY Actual Min. Nominal Max. Left Front Camber 0. 3-, - 0. 75, 0. 00-, 0, 7 5, Caster 3. 1, 2.50" '. 5-• 4.00, Toe -0.01" - 0.04" 0.00" 0.04" SA I 8. 2, Included Angle 8.5" Right Front Camber - 0.3, - 0.75� 0.00- 0.75� Caster 2. 9- 2. 50- .3, 2 5� 4. 00, Toe 0.01" 0.04" 0.00" 0.04" SAI 8. 8� Included Angle 8.5� II Front 0 Cross Camber 0.6, ....... .00. ....... Cross Caster 0. 2-, . , ..... 0. 00. ....... Total Toe 0.00" - 0.08" 0.00" 0.08" ' Set Back I Left Rear Camber - 1.0, - 1.50, -- 1.00- - 0.50- 4 Toe 0.04" 0.0011' 0.04" 0.08" Right Rear Camber -- 1.4" - 1.50" - 1.00, - 0.50 Toe 0.04" 0.00" 0.04" 0.08" Rear Total Toe 0.08" 0.001, VA. 0q" 0.161, Thrust Angle-0.00� 9 COUNCIL/RDA MEETING DATE: December 6, 2005 ITENI TITLE: Authorization for Overnight Travel for the Golf & Parks Manager to Attend the Golf Course Superintendents Association of America's International Golf Industry Tradeshow and Conference Held in Atlanta, Georgia from February 6, 2006 through February 11 , 2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for the Golf & Parks Manager to attend the Golf Course Superintendents Association of America's (GCSAA) International Golf Industry Tradeshow and Conference held in Atlanta, Georgia from February 6, 2006 through February 1 1 , 2006. FISCAL IMPLICATIONS: The Fiscal Year 2005/2006 Budget (Account No. 101-7001-431 .51-01) has allocated funds for travel, training, and meetings for staff. Attendance at this conference is estimated to be $1 ,685 based on the following costs: Registration $250 Seminars $390 Hotel (5 nights x $105) $525 Meals $100 Travel $420 Total $1 ,685 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The GCSAA's International Golf Industry Tradeshow and Conference gives golf and turf management professionals from around the world the opportunity to attend educational seminars and the world's largest golf industry tradeshow. The education seminars also provide educational credits for the Golf & Parks Manager to maintain his Certification with the GCSAA. The program description is included as Attachment 1 . FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Authorize overnight travel for the Golf & Parks Manager to attend the Golf Course Superintendents Association of America's International Golf Industry Tradeshow and Conference held in Atlanta, Georgia from February 6, 2006 through February 11, 2006; or 2. Do not authorize overnight travel for the Golf & Parks Manager to attend the Golf Course Superintendents Association of America's International Golf Industry Tradeshow and Conference held in Atlanta, Georgia from February 6, 2006 through February 1 1, 2006; or 3. Provide staff with alternative direction. Respectfully submitted, �e ' Timothy RAJ nano P.E. Public Work"s Diree�or/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . GCSAA International Golf Industry Tradeshow and Conference Program Description 2 J ATTACHMENT 1 2006 SPECIAL EVENTS WELCOMING RECEPTION Presented in partnership with t ,HAVER' Ba\"c'r Bayer Environmental Science ; Wednesday, Feb. 8, 5:30 - 7 pm The Welcoming Reception is one of many networking opportunities you will have throughout the week. This is a terrific opportunity to renew your acquaintances and make new ones. Plan on attending this great kick-off event! OPENING SESSION Presented in partnership with HAY�R' kow] Bayer Environmental Science R Thursday, Feb. 9, 8:30 am Doors Open/Pre-Seating 9 - 10:45 am Session Some may have a higher profile, but few have made as great an impact on the game as Dr. Joe Duich, professor emeritus at Penn State University and this year's Old Tom Morris Award winner. No doubt a popular choice among turfgrass managers, Duich is the developer of the A and G varieties that made bentgrass a popular selection for putting greens virtually nationwide. He takes center stage with a variety of other association honorees. The Opening Session has proven to be a highlight for conference and show attendees, as leaders in the game, business world, government and media have delivered impassioned messages that have served to inspire, entertain and motivate. This year's event will be no different. Watch for more details on the keynote speaker. Following the session, the trade show floor will open at 11 am for all attendees, except those registered as family. GENERAL SESSION Presented in partnership with Rain Bird, Golf Division and Syngenta Professional Products Friday, Feb. 10, RA/N:�kB/Ra 8:30 - 9:45 am syngenta USA Today calls Marcus Buckingham the hottest star in the `guru' game. Just another fast talker who can speak about successful people? Hardly. Buckingham grew up in England and spoke with such a distinct stammer that it consumed nearly every waking moment of his life. But he overcame that obstacle to complete a Cambridge education. He also spent 17 years working for the Gallup Organization, researching the world's best leaders. From that experience, he has written two best sellers: First, Break All the Rules and Now, Discover Your Strengths. Buckingham's message is clear — corporate America has made the concepts of leadership and success too difficult to comprehend. For more information on Buckingham, visit marcusbuckingham.com. This session also includes presentations of the President's Award for Environmental Stewardship, the Leo Feser Award, the GCSAA/Golf Digest Environmental Leaders in Golf Awards and the Excellence in Government Relations Awards. GCSAA EDUCATION CONFERENCE & GOLF INDUSTRY SHOW 3 0 CONFERENCE EDUCATION GCSAA is dedicated to providing you with the largest and most diverse continuing education program in the golf course management and turf industry. The top-notch educational programs planned for the 2006 conference are part of that commitment. Hear the latest in turf management, innovative ideas from fellow golf course management professionals, and career and business management strategies. Whether you need answers to an agronomic challenge on your course, want to enhance your management capabilities or explore an alternative career, you'll find it here. Remember, full -conference registrants have access to most conference education programs. In addition, 1.5 education points will automatically be awarded to all full -conference registrants. There are many programs from which to choose. Plan your conference schedule now! Wednesday, Feb. 8 Irrigation System Replacement Project 1 -3pm In this program presented by the Irrigation Association, a panel composed of participants in a recently completed irrigation system replacement project will share their perspectives on setting expectations going into the project and how to deal with communication, design, technical and scheduling issues. In addition, they'll outline the lessons they learned and things to do differently the next time, as well as take questions from the audience. If you're considering an irrigation system replacement, you won't want to miss this opportunity to learn through the experience of this group. Moderator: Jim Barrett, ASIC, CID, James Barrett Associates, Inc. Presenters: Patrick Sisk, CGCS, Milwaukee Country Club (Superintendent) John Leibold, Leibold Irrigation (Installer) Brian Wnchesi, ASIC, CID, Irrigation Consulting, Inc. (Consultant) Tom Rasmussen, Reinders, Inc. (Local Distributor) Tree Management for Golf Courses: Why, Who, How and When to Implement Tree Management Programs on Golf Courses 1 -3pm Terrence Flanagan, president of Teragan & Associates, Inc. of Oregon, and a vice president of the International Society of Arboriculture, will review why tree management programs are critical for the golf course that is blessed ("cursed") with trees, from a basis of investment protection and risk management. He will also give a primer on who to seek in assisting you to design and implement an arboricultural management program, as well as the how and when to complete the program to realize the best value for the dollars spent. Topics will include tree inventory software, tree appraisal, root control, pest control, pruning dos and don'ts, shade management, the latest in tree support systems, hazard tree evaluation and other aspects of tree care on the golf course. Trends in Contemporary Golf Course Architecture 1 -3pm Leading members of the American Society of Golf Course Architects will explore the current trends in design and how they will impact owners and superintendents in the years ahead. Architects will focus on the importance of planning, including the development of the master plan, on the budget process and on the overall well-being and inner workings of the golf course. Panelists will highlight how components of a golf course —from tee boxes to bunker sand —have life spans that can be predicted and planned for in the maintenance schedule and budget. Superintendents, owners, managers and professionals will learn when a golf course architect should be called to help with a course issue and when to tackle the issue in-house. The session will end with a question -and -answer session. Moderator: Tom Marzolf, ASGCA, President, American Society of Golf Course Architects Presenters: TBD You Asked for It ... You Got It! 3-5pm This session will feature hot topics chosen by YOU! That's right; topics have been solicited from members on the Golf Industry Show Web site throughout the summer months. We asked you what problems and issues you faced over the year and then asked that you vote on those hot topics. The votes are being tabulated and speakers identified for the topics you selected. Once the topics and speakers have been selected, we will post the information on the Golf Industry Show Web site in November, as well as in the on -site directory. So, be sure to vote and then stay tuned to see what hot topics this session will offer! Chairperson: Brad Minnick, CGCS Speakers and topics to be named in November- See golfindustryshowcorn for listing. Thursday, Feb. 9 Innovative Superintendent Breakfast rne�nea„BASF 6 - 6:30 am Presented in partnership with BASF Corporation x Innovative Superintendent Session I 6:30 - 8:15 am Don't be late for this early morning session featuring six presentations on innovative "how-to's" that can easily be applied to your own facility. Learn more tips and tricks, as well as ways to cut costs and improve course conditioning. Be there to hear firsthand from your peers. Chairperson: Dwayne Dillinger, CGCS 6:30 am Welcome and Announcements 6:45 am There's Another Way to Build Greens. -and It's Better! - Quent Ball CGCS 7:00 am Creating and Presenting a Self -Evaluation - Jonathan Jennings, CGCS 7:15 am An Economic Value -Added Approach to Golf Course Management - David Finney, CGCS 7 30 am Winter Protection for Annual Bluegrass Greens: The Sandwich Method - Kerry Watkins 7:45 am Open House for the Golf Course Maintenance Facility - Leonard F. Theis 8:00 am Organize and Communicate on Many Levels - John P. Cunningham, CGCS '*'GCSAA First Tee Forum w 1 -3pm This session will be held at The First Tee of East Lake, Sam Puryear, executive director, and Daryl Batey, head golf professional, will give an overview of the day-to-day programming at The First Tee facility located at the Charlie Yates Golf Course. Thomas Russell, golf course superintendent, will provide a tour of the facility. Mike Cooper, The First Tee Regional manager for the Southeast Region, will also be on hand to discuss First Tee development inquiries. 'Seats are limited. Registration is required, and transportation will be provided. Please see the registration form on page 55 to attend. n t ^ram, 4 1 GCSAA EDUCATION CONFERENCE & GOLF INDUSTRY SHOW Friday, Feb. 10 Innovative Superintendent Breakfast y" 6 - 6:30 am Presented in partnership with BASF Corporation BASF the CM1emical Company Innovative Superintendent Session II '' 6:30 - 8:15 am Innovative Superintendent Session II will once again feature six superintendent speakers who will share a wide array of innovative business, communication and maintenance practices. This session may be early, but you won't want to miss this opportunity to gather some of the best information the education conference has to offer. Chairperson: Cory Blair, CGCS 6:30 am Welcome and Announcements 6:45 am What Do Golfers Really Want? — Michael Morris, CGCS 7:00 am Customer Service — A Superintendent's View — John C. Miller, CGCS 7:15 am Blackout: Dealing with Black Layer Just Plain Stinks — David H. Robinson, CGCS 7:30 am Successful Communication Between You and Your Pro — Thomas K. Lavrenz 7:45 am Moss Control My Way — Chris Thuer, CGCS 8:00 am You're Fired! Things You Can Do to Help Yourself — David Davies, CGCS United States Golf Association Green Section Education Program - It's More Than Just Turf Maintenance ?� 10 am Noon 10:00 am Welcome — Kimberly S. Erusha, USGA 10:05 am Natural Areas: Wild or Wonderful? Successful natural areas on golf courses must walk a fine line between being an asset to the property and a burden to those who play and maintain the golf course. — Jim Skorulski, Agronomist, USGA Northeast Region 10:20 am GMOs —A Crossroads for the Turfgrass Industry Genetically modified grasses have arrived. Are they here to stay? A historical perspective on the development of genetically modified grasses will be offered along with the issues that will shape the future of this topic. — Mike Kenna, Ph.D., Director of Research - Jim Baird, Ph.D.,Agronomist, USGA Northeast Region 10:35 am Presentation of the 2006 USGA Green Section Award — Bruce Richards, USGA Executive Committee 10:50 am Golf Course Management — It's About the People Lessons are shared about successfully managing and motivating employees. — Bill Griffith, Walla Walla Community College 11:10 am The Truth About Trees The economic realities of golf course trees are revealed. — David Oatis, Director, USGA Northeast Region 11:25 am USGA Turf Tips The USGA agronomists see many creative ideas in their extensive travels across the United States. The best and the brightest ideas will be presented as inspiration. 11:45 am Picking the "Right" Bunker Sand — Is It Even Possible? We all know bunkers are hazards and should be treated as such, but today's golfers seem to expect perfection every place their golf ball lands. What makes a great bunker? Sand selection is just one factor considered in a recent USGA study. — Jim Moore, Director of Construction Education GCSAA IPM Exam 1 -4pm The IPM Exam was developed to fulfill requirements defined by the Professional Development Initiative. Class A members will be required to show proof of a pesticide license or successfully complete the GCSAA IPM Exam. Testing can also be done throughout the year with an approved local examination proctor. In order for your name to be placed on the examination roster, you must register and pay the examination fee (see page 55). A study guide will be mailed to you after your registration has been processed. �19 5 GCSAA EDUCATION CONFERENCE & GOLF INDUSTRY SHOW Two -Day seminars 1.4 education points $260 member $390 nonmember ()(147-01) v Golf Course Construction Techniques and Management t, • Robert Armstrong, Landscapes Unlimited, LLC • Craig Schreiner, ASGCA, ASLA, Professional Golf Course Architect, Schreiner Golf, Inc. Strengthen your knowledge of new construction and enhance your modernizing and renovating skills by learning the latest design elements, construction techniques and management styles. Learn problem -solving techniques by presenting your own construction problems and developing strategies for resolution. G(355-01) The Superintendent's Role in Construction, Renovation and Grow -In • James F. Moore, Director of Construction Education, United States Golf Association • Charles B. "Bud" White, Senior Agronomist, Mid -Continent Region, United States Golf Association, Green Section The golf course superintendent serves as an owner's representative during the finish construction and grow -in of a new construction/renovation project. He is able to manage quality control (QC) of these two critical development aspects better than anyone. In this seminar, superintendents will learn proper soil testing — physical and chemical —during construction, water testing, construction/renovation details and schedules, as well as grow -in programming and development. The textbook, Turf Manager's Handbook for Golf Course Construction, Renovation, and Grow -In, Is strongly recommended (not required) for this seminar. 0(228-01) Physical Problems of Turfgrass Soils: Identification and Correction • Robert N. Carrow, Ph.D., Professor of Turfgrass Science, University of Georgia • Paul E. Rieke, Ph.D., Professor Emeritus of Turfgrass Management, Michigan State University This advanced seminar stresses how to identify and alleviate soil physical problems an important factor in developing a successful BMP program, with emphasis on coarse and fine textured soils. The approach is field problem -oriented with each problem identified and management options addressed, such as soil modification and amendments, cultivation, topdressing and drainage techniques. Turf management experience and completion of a basic soil science course are recommended as prerequisites. Participants are encouraged to bring a cup -cutter profile of problem soils, wrapped In aluminum foil or newspaper, to the seminar. TRADE SHOW ADMITTANCE CHART THURSDAY 11 -1 n! 11 11 rl 6 [_ai FRIDAY 9J Ir" MIMITI SATURDAY Irll 2 Unl Full Corfwence Package ✓ ' ✓ ✓ EAihitu ✓ ; . ✓, ✓. ✓ . Media ✓ ✓ ✓ • frade Show Only ✓� ✓ ✓ ' `Family registrants do not have access to the trade show floor at these times. M. GCSAA EDUCATION CONFERENCE & GOLF INDUSTRY SHOW Q(322-01) Soils — The Foundation of Quality Turf • John Graveel, Ph.D., Professor of Agronomy, Purdue University • George E. Van Scoyoc, Ph.D., Professor of Agronomy, Purdue University Participants will learn how soils are different, and how they can determine these differences and make interpretations regarding both chemical and physical properties. Topics to be discussed include soil texture and color and how they relate to fertility, water movement, drainage and cultural practices. Additionally, understanding the importance of soil organic matter and soil organisms will be presented. Soil test reports from commercial and university laboratories will be reviewed in detail. 0(240-01) A"` Solving Your Drainage Problems' • Stephen Ami, Consultant, Kelly Ami Inc. • John Kelly, Consultant, Kelly Ami Inc. In order to solve golf course turf drainage problems, one must first determine the source of the water and why the excess water is not draining away naturally. This seminar will help provide participants with basic tools required for diagnosing and solving drainage problems. (324-01) Successful Project Management • Bruce R. Williams, CGCS, Director of Golf Operations, The Los Angeles Country Club; GCSAA Past President This course will use a real -world approach to planning and managing successful projects on the golf course. G(349-01) Golf Course Risk Management: A Systems Approach (Formerly a half -day seminar) • Jason Straka, Senior Design Associate, Hurdzan/Fry Golf Course Design, Inc. • Daniel Ward, Instructor, Joint and Multinational Operations, U.S. Army Command and General Staff College The morning session of this full -day seminar begins by defining risk and what its consequences are. The class will explore the basics of a lawsuit and legal liabilities, and learn to protect and help defend against a lawsuit. A variety of risks associated with golf courses and in particular, golf course planning and design projects, bidding and/or negotiation, construction and improvements, maintenance and operations will be identified. Using a systems approach to risk management, the afternoon session will educate students on processes and management instruments that enable Identification, categorization, prioritization, mitigation, and communication of risks and threats to facilities, personnel, equipment, and the environment. ()(321-01) Taking Control of Green Speed Six -hour seminar, 8 am - 3 pm, .55 education points, $100 member, $150 nonmember • Michael D. Morris, CGCS, Crystal Downs Country Club • Thomas A. Nikolai, Ph.D., Turfgrass Academic Specialist, Michigan State University This course is designed to educate superintendents on all issues concerning green speed. Topics covered include the history of the Stimpmeter, cultural practices and their impact on green speed and the turfgrass plant, and using green speed to gain the respect of members. (106-01) Turfgrass Field Seminar .35 education points • Clint Waltz, Ph.D., Assistant Professor and Turfgrass Extension Specialist, University of Georgia, Griffin This special educational event provides an inside look at the operation of a variety of turf and landscape sites in the Atlanta area. This seminar traditionally sells out well in advance, so take the opportunity now to register for this popular program. 0 (196-01) Turfgrass Management 102 (Formerly known as Fundamentals of Turfgrass Management II) • Nick E. Christians, Ph.D., Professor of Horticulture, Iowa State University This seminar introduces the basics of cool- and warm -season grasses, including evaluation of the environmental effects of fertilizer application, the function of essential elements in the plant, components of a sound fertility program, and the biology, control and management of annual bluegrass (Poa annul) — important factors in developing IPM and BMP programs. The textbook, Fundamentals of Turfgrass Management, is strongly recommended (not required) for this seminar. (013-01) Preparing Your Golf Course for Tournaments • John C. Miller, CGCS, The Golf Club at Yankee Trace • Jonathan L. Scott, CGCS, Vice President of Agronomy. US PGA Tour This seminar covers preparing the golf course for golf tournaments, including outings, club championships, member guest and professional tournaments. The focus is on planning, communication, course setup, preparing for the event, having a successful event and then evaluating the event. Participants will discuss keeping the golf course In top condition while hosting multiple events and how to "get the job done" on a daily basis when there is an event every day GCSAA EDUCATION CONFERENCE & GOLF INDUSTRY SHOW 2006 SPECIAL INTEREST Tuesday, Feb. 7--------------- 8 am - Noon Tuesday, Feb. 7--------------- 1 - 5 pm See seminar description on page 35 of this brochure. Wednesday, Feb. 8, 8 am - 2 pm Examinees must be approved certification applicants by Jan. 13, 2006. Contact GCSAA's Certification Department at 800.472,7878, ext. 3602, or ext. 4484 for details. Re-examination is offered Saturday, Feb. 11, at 8 am. Friday, Feb.10, Noon -1:30 pm i Presented in partnership with Syngenta Professional Products syngenta Be recognized for your achievement of certified status by attending the Certification Luncheon. Please RSVP to the invitation mailed this fall. Identified below are several events that you will find useful to your career. Please see pages 14-40 for detailed descriptions and seminar fees, if applicable. Administrative Management Cutting Edge Disease Identification and Management How to Get the Best From Your Staff An Environmental Plan for Your Golf Facility Communication Skills to Get You to the Top and Keep You There Conflict Resolution — Dealing with Member Conflict Customer Service — A Superintendent's Perspective Operations Management Calibrate Your Management Skills — Business Management for Today's Superintendent Developing a High -Performance. People -Oriented Golf Course Maintenance Staff Employee Recruitment and Selection: How to Hire the Right People Enhancing Your Value as a Professional Golf Course Superintendent Financial Essentials for the Superintendent Getting Started with Hispanic Labor — Legal and Communication Issues Human Resource Management IPM: Putting Together an Effective Plan for Your Golf Course Management Strategies for the Turfgrass System Strategic Career Planning for Superintendents and Assistants Successful Project Management Writing for Superintendents You Asked For It ...You Got It! Session Career Management Forum Career Success Workshops Innovative Superintendent Session I Time Management for the Golf Course Superintendent Career Success Workshops Innovative Superintendent Session II Negotiating for Success United States Golf Association Green Section Education Program — It's More Than Just Turf Maintenance Coffee Talk with the Experts —The Latest and Greatest in Turf Management Session 0 GCSAA EDUCATION CONFERENCE & GOLF INDUSTRY SHOW pl ATLANTA 2006 FOR OFFICE USE ONLY REGISTRATION FORM A-1 Page 1 (ALL 3 FORMS MUST BE SUBMITTED TOGETHER) Register , There are three easy ways to register for the conference: 1. Register via the Internet at golf industryshow.com 3. Mail completed registration forms with check, money order or credit card i 2. Fax completed registration forms with credit card payment payment to: GCSAA Registration information to 785.832.3628 (IF YOU ARE FAXING, DO NOT MAIL THE ORIGINAL REGISTRATION FORM.) P.O. Box 219004 Kansas City, MO 64121-9004 A confirmation will be sent within 10 business days of receipt of complete registration. GCSAA Member Number (if applicable) _ _ ' Preferred Credential Mailing Address: ❑ Home ❑ Business sk a� E First Name Middle Initial Last Name T C 0 Home Address: Business Name d U_ 0 Street Address or P.O. Box Street Address or P.O. Box LL City State Zip Country Phone E-Mail Job Title: (Please check the category below that best describes your job title.) ❑ Golf Course Superintendent ❑ Company Representative ❑ Assistant GC Superintendent ❑ Distributor ❑ Club/Course Owner/Operator ❑ Green Chairman ❑ Club President ❑ Student ❑ Other Golf Course Management ❑ Other ❑ Check here if you DO NOT want to be listed in our Web site Attendee Directory. ❑ Check here if you are a first-time attendee. ❑ Check here and indicate any special ADA needs in a separate letter. Badge Information Please print the following information as you wish it to appear on your badge. Nickname First and last name will appear as it is on the Registrant Information section. Course/Company Name City, State Sample Badge Joe Joseph L. Smith Cross Creek Country Club Lawrence, KS Please Note: GCSAA will contribute $10 for everypaid registration to the GCSAA Humcane Disaster Relief Program to assist members who have been impacted by the recent Gulf Coast hurricanes. City State Zip Country Phone Fax Registration Options (Select only one of the following options.) Advance Fees Standard Fees Thru Jan 17, 2006 After Jan 17, 2006 5 pm CST Full Conference Packages 1001 ❑ GCSAA Member $250 $350 1002 ❑ Nonmember $350 $450 Complimentary Full Conference Packages 1004 ❑ New Member (GCSAA will confirm) Comp. Comp. 1005 ❑ Student Member Comp. Comp. 1006 ❑ Retired/Educator Member Comp. Comp. 1007 ❑ Media Comp, Comp. Special Registration Options 1003 ❑ Course Management/Staff attending $250 $350 with superintendent` 1008 ❑ Golf Course Owner/Employer attending $150 $150 with superintendent" If selecting 1003 or 1008, you must fill in the name and GCSAA member number of the superintendent attending with you. The superintendent's registration form must be submitted at the same time as yours. See page 52 for details. "Golf Course Superintendent's Name Member Number Trade Show Only Options 1009 ❑ Trade Show Only Pass $150 1010 ❑ Distributor (see previous page) $150 $2000 1 3 HOTEL Hotel Locations L_L-7-Jl u u `\t/ 14th St lu �o 7alnta �`� Do$��i7tn standI^�5 rN4 Midtowni��_ `arTm�_���._I i i II i- am st i / I 3 r I I LL 11h ztn sc II i Ferst Dr I en st i�� �-- �LJLet n 5�� _ r — SN R I IIr t I o -- — � sm e �L I ' —]4M SI --lII 11 3rtl SI _ r t Dr lJ�� _ erfiEl wy N3 North r_ Avenue No Ave — __ — NOKh Ave I naen —J — o P .. tt Sr nee P1, n R --_ r N2 Gvlc Center = I err, st AC", center I Min Blvd / w P S11 kt J'L _jai Park iai v Steer �_ � _ - wenue Cente r m\ Olympic II Q_ o g In2,J 1 Blvtl r� h P ht J Ell, It WI OmnrOome F �r vt � aaS�i _ —Auburn Ave World Congress Ctrs ' --- i Eli V Cin} '\ y Hurt Dep,r t (A to F gy [4 x3r,pny F� a-.prf d ar rtn :• Atlait r n �r r,r �,rrs a,.,� 85 (109) 521CPn0 0 - // - ✓ — LL Some minor roads are not shown. •i � 75 0 mile 1/2 ' E2 King E1 Georgia MemorL Sta III North 0 kilometer 1/2 -- O Atlanta Marriott Marquis - Exhibitor Hotel 265 Peachtree Center Avenue $177sgl / $177dbi 0.5 miles from GWCC ©Courtyard by Marriott Atlanta Downtown 175 Piedmont Avenue, NE $129sgi / $129dbl 9 blocks from GWCC © Days Inn Atlanta Downtown 300 Spring Street $118sgl / $118dbl 0.5 miles from GWCC O Embassy Suites@Centennial Olympic Park 267 Marietta Street $185sg1 / $185dbl 2 blocks from GWCC © Fairfield Inn by Marriott Downtown 175 Piedmont Avenue, NE $105sgl / $105db1 9 blocks from GWCC O Hilton Atlanta - Exhibitor Hotel 255 Courtland Street, NE $184sgl / $184dbl 1 mile from GWCC O Holiday Inn Atlanta Downtown 101 Andrew Young International Blvd $150sgl/ $150dbl 2 blocks from GWCC 0 Holiday Inn Select Atlanta Capitol Plaza 450 Capitol Avenue, SW $149sg1 / $149dbi 1 mile from GWCC O Hyatt Regency Atlanta, NE - GCSAA HQ 261 Peachtree Street $183sg1 / $183dbl 0.5 mile from GWCC Omni Hotel at CNN Center - NGCOA HQ 100 CNN Center $189sgi / $189dbi 1/8 mile from GWCC 0 Renaissance Atlanta Hotel Downtown 590 W. Peachtree Street, NW $155sgi / $155dbi 2 miles from GWCC ® Ritz -Carlton Atlanta 181 Peachtree Street, NE $185sgl / $185dbl 5 blocks from GWCC ® Sheraton Atlanta Hotel 165 Courtland Street $172sgl/$172dbl 7 blocks from GWCC Westin Peachtree Plaza 210 Peachtree Street, NW $180sg1/ $180db1 4 blocks from GWCC ® Wyndham Atlanta 160 Spring Street, NW $169sgl/$169dbi 2.5 blocks from GWCC Georgia World Congress Center (GWCC) - Hotel prices are GCSAA Rates for single or double (plus 151% tax) - Distances are approximate mileage from Georgia World Congress Center (GWCC) GCSAA EDUCATION CONFERENCE & GOLF INDUSTRY SHOW HOTELgolf industry travel Hotel Reservations To reserve your hotel room, contact Golf Industry Travel, fill out the housing form on page 67, or reserve it online at golfindustryshow.com. Please keep in mind that to be a part of GCSAA's room block, you must make your arrangements through Golf Industry Travel —do not contact the hotel directly. IOUQ 12©0[ �ly DRCOo TO GUARANTEE THE CONFERENCE HOTEL RATES! After this date, reservations or changes can only be accepted on a space -available basis, with no guarantee that the convention rates will apply. A FEW NOTES ABOUT RESERVING YOUR ROOM: • Deposit. All Atlanta hotels require a credit card guarantee. • Acknowledgement. Golf Industry Travel will acknowledge each room reservation in writing within three weeks. When you receive it, check your arrival and departure dates, your room type, and the name and address of the hotel —many hotels have similar names and addresses. You should also carefully review the hotel's cancellation refund policy. • Confirmation numbers. Hotel confirmation numbers are not available from Golf Industry Travel. Should you need a confirmation number, call the hotel five days or less prior to your arrival date. • Early check-out. All conference hotels assess early check-out penalties if you change your check-out date after you check in. Make sure you review your check-out date with the hotel when you arrive to avoid these penalties. • Cancellation. Should you find you must cancel your plans to attend, remember to cancel your hotel reservation. Before Jan. 23, 2006, call Golf Industry Travel to cancel your reservation. After Jan. 23, 2006, all cancellations must be made directly with the hotel. Be sure to note the name of the person you speak with and your cancellation number. STUDENT HOTEL ROOMS To offer better networking opportunities for students, a special student hotel block has been arranged at the Days Inn - Atlanta Downtown. The deadline for making a reservation in this block is Dec. 16, 2005. A limited number of rooms are available and these will be secured on a first -come, first -served basis. Don't delay, call Golf Industry Travel at 800.442.7220 and request a room in the student block (DO NOT call the hotel directly to make a reservation). GETTING TO YOUR HOTEL The cost of a cab ride between the airport and the downtown hotels is $25 for one passenger, $26 for two passengers, and $10 each for three or four passengers. Also, there is an additional $1 fee for each extra stop. Remember to take the address of your hotel with you, as many hotels have similar names. GREEN -FRIENDLY HOTELS For more information about the official hotels' best practice efforts toward maintaining their properties in environmentally- and green - friendly ways, visit golf industryshow.com. 11 REGISTER AT golfindustryshow.com Golf Industry Show Registration - Summary Page 1 of 2 Golf Industry Show February 9-11, 2006 1 Atlanta c) 4k'�' ', � industry show FEBRUARY 9.112006 OCOAA MWOA Atlanta Registration for Steve Howlett Registration Summary for Steve Howlett Please review this summary. If you need to make edits to a particular section, select the Update link for that particular area. Fees Amount Registration fees $250.00 Event fees $390.00 Guest fees $0.00 Balance due $640.00 Registrant Information This is how your badge will appear: Steve Steve Howlett CGCS Silver Rock Resort La Quinta, CA Update Badge Information Specific ADA needs? No Registrant included in attendee directory? Yes Golf Industry Show Events Steve Howlett Seminars/Special events Golf Course Construction Techniques and Management Solving Your Drainage Problems Social activities Modify Registrants Events Guest Information Modify guests Modify guest events Guest Registrations Name Relationship/Age https://www.gcsaa.org/GCSAA/hurricane-do Gender Ada Needs About the Golf Industry Fee $260.00 $130.00 Registration Fee 11 /S/2OO5 12 Flight Details Pagel of? Expedia flight deals: Expediaxom Tell us your routes, we'll tell you the best fares. Sign up now Welcome, Steve Sign in/Sign out ( My Itineraries I &My Account 1 Q Customer Support f th" t ' . $419 40 Summary 1 Ticket / Roundtrip PSP Palm Springs to ATL Atlanta Leave: Sun 5-Feb Return: Sat 11-Feb 1 adult $366.51 Taxes & Fees $47.89 Booking Fee $5.00 Total $419.40 Total pace or is rip. I have a coupon. Q What's a coupon? 1 Review the flight details Sun 5-Feb-06 Palm Springs (PSP) to Atlanta (ATQ 1830 mi Depart 7:30 am Arrive 2:17 pm (2945 km) Terminal S Duration: 3hr 47mn Flight: 1290 Economy/Coach Class, Refreshments, Boeing 737-800 Total distance: 1830 mi (2945 km) Total dura6 Sat 11-Feb-06 Atlanta (ATL) to Palm Springs (PSP) 1830 mi ra u r S T i o N S ? Depart 7:13 pm Arrive 9:00 pm (2945 km) Flight: 1205 Terminal S Duration: 4hr 47mn � Qwith Can I use a credit card a billing address Economy/Coach Class, Refreshments, Boeing 737-800 outside the U.S.? Is it safe to buy Total distance: 1830 mi (2945 km) Total durati n �J online? Tip: Flight terminals may change. Please confirm the terminal with the airline before leavir Q Need help with this airport. _ - -- _ page? _ _ I__ __ +. 't. Add a hotel (6 nights) and save. Available Flic Savings [?� Other FAQs Drury Inn & Suites Atlanta Northwes... Just off 1-75 about 10 miles north of downtown ... Save $85 for booking together ia** Marietta [D Price details Drury Inn and Suites Atlanta Airpor... Save $59 -This hotel is located one mile from the ... for booking together *** Atlanta G] Price details Hyatt Regency Atlanta Downtown Save $448 Rx" This multi -towered hotel stands adjacent to ... for booking together *** /- Atlanta Q Price details I See more flight + hotel combinations starting at $654. .... _................. +� Add a rental car to this trip No thanks, I don't need a rental car. Yes, I would like to see available rental cars next. r . http://www.expedia.com/pub/agent.dll?tovr=-1294757293 11 /8/2005 13 Flight Details Page 2 of 2 2 Review the rules and restrictions • Tickets are nonrefundable. • In addition to any penalties imposed by the airline, a processing fee of up to $30.00 per til charged by Expedia for any changes you make to the flights in this itinerary. This fee is wi changes made online. Q More info • Tickets are nontransferable and name changes are not allowed. • This price includes a nonrefundable $5.00 booking fee. • Please read important information regarding airline liability limitations. • Read an overview of all the rules and restrictions applicable to this fare. • Read the complete penalty rules for changes and cancellations applicable to this fare. ❑ I have read and accept the rules and restrictions. (please check the box to continue 3 Select a booking option Fares are not guaranteed until purchased. 4) Choose and continue to more options. Due to the restrictions associated with this fare, tickets must be purchased immediately. It is not poss reserve this fare for later ticketing. Save this information in an itinerary. Seats are not reserved and fare is not guaranteed. aCancel and go to home page. about Expedia.com I press room I investor relations Expedia, Inc. terms of use privacy policy I become an affiliate I advertising I jobs home hotels I cars I cruises site map Expedia, Inc. is not responsible for content on external Web sites. 02005 Expedia, Inc. All rights reserved. Photos: Walter Hodges/Getty Images/The Image Bank, Corbis, Getty Images Plus sign (+) means taxes and fees are additional. International sites: United Kingdom I Canada I Germany I France I Italy I Netherlands http://www.expedia.com/pub/agent.dll?tovr=-1294757293 11 /8/2005 14 Golf Industry Show - Travel - Official conference hotel list Pagel of 2 Golf Industry Show February 6-11, 20061 Atlanta industryshow . EN FEBRUARY 9 11 2006 wmAA , MOCOA Atlanta €x HlaITo G.TMAYUa _} MEDIA €€�u td 4ta1S'i «$C3iTd 7f,'ePP,Kffst .idTS Jr Overview & Highlights I Education I Special interest I See the city I Travel I Tournaments Overview Air travel Car rental Hotel Shuttle bus service Interactive map of Atlanta Sort by price (GCSAA rate) Hotel listings for Atlanta Hotel Fairfield Inn by Marriott Downtown Days Inn Downtown Courtyard by Marriott - Atlanta Downtown Holiday Inn Select Atlanta Holiday Inn - Atlanta Downtown Renaissance Atlanta Hotel Downtown Wyndham Atlanta Sheraton Atlanta Atlanta Marriott Marquis (Exhibitor HQ) Westin Peachtree Plaza Hyatt Regency Atlanta (GCSAA HQ) Hilton Atlanta Embassy Suites @ Centennial Olympic Park Ritz -Carlton Atlanta Omni Hotel at CNN Center (NGCOA HQ) About hotel reservations Sort by name Sort GCSAA Standard About the Golf Industry c tdaCOA coglFfwwl rate rate Details Map $105 $119 Details Map $118 $159 Details Map $129 $139 Details Map $149 $189 Details Map $150 $209 Details Map $155 $239 Details Map $169 $235 Details Map $172 $349 Details Map $177 $309 Details Map $180 $389 Details Map $183 $305 Details Map $184 $349 Details Map $185 $385 Details Map $185 $389 Details Map $189 $325 Details Map • Deposit. All Atlanta hotels require a credit card guarantee. • Acknowiedgement. Golf Industry Travel will acknowledge each room reservation in writing within three weeks. When you receive it, check your arrival and departure dates, your room type, and the name and address of the hotel —many hotels have similar names and addresses. You should also carefully review the hotel's cancellation refund policy. 4 ways to maN reservations Register onlin Phone: (800) 7220 or (203) 0470 (Interna 8:30am-7:3' EST, Monday Fax: (800) 86 (203) 777-69E (International Mail: Golf Industry 111 Water Stl Haven, CT OE Remember that p service is availabl should an emerge something that yc from the Web. Why cho GCSAA t Complimo shuttle bi to/from al conference hotels and World Con Center, ex within wal distance o convention • Embassy Centennia Park • Omni He Center - N Networkin +< opportunit http://www.gcsaa.org/gis/2006/travel/hotel_list.asp 11 /8/2005 15 Golf Industry Show - Travel - Official conference hotel list Page 2 of 2 • Confirmation numbers. Hotel confirmation numbers are not available from Golf Industry Travel. Should you need a confirmation number, call the hotel five days or less prior to your arrival date. • Early check-out. All conference hotels assess early check-out penalties if you change your check-out date after you check in. Make sure you review your check-out date with the hotel when you arrive to avoid these penalties. • Cancellation. Should you find you must cancel your plans to attend, remember to cancel your hotel reservation. Before Jan. 23, 2006, call Golf Industry Travel to cancel your reservation. After Jan. 23, 2006, all cancellations must be made directly with the hotel. Be sure to note the name of the person you speak with and your cancellation number. Student hotel rooms To offer better networking opportunities for students, a special student hotel block has been arranged at the Days Inn - Atlanta Downtown. The deadline for making a reservation in this block is Dec. 16, 2005. A limited number of rooms are available and these will be secured on a first -come, first -served basis. Don't delay, call Golf Industry Travel at (800) 442-7220 and request a room in the student block (DO NOT call the hotel directly to make a reservation). Getting to your hotel The cost of a cab ride between the airport and the downtown hotels is $25 for one passenger, $26 for two passengers, and $10 each for three or four passengers. Also, there is an additional $1 fee for each extra stop. Remember to take the address of your hotel with you, as many hotels have similar names. Green -friendly hotels For more information about the official hotels' best practice efforts toward maintaining their properties in environmentally- and green - friendly ways, visit the hotel amentities list in this section (you can access this list by selecting the details link for a specific hotel in the list at the top of this page). morning du breakfast, c shuttle ride convention in the even the cocktail hours. Shuttle hours Shuttle service is with your room re Monday, F 6 a.m. - 6 Tuesday, 6:30 a.m. Wednesd, 6:30 a.m. Thursday, 5:30 a.m. Friday, Fe 5:30 a.m. Saturday, 7 a.m. - 5 The Golf Course Superintendents Association of America is dedicated to serving its members, advancing their profession, and enhancing the enjoyment, growth and vitality of the game of golf. ® 1996-2004 GCSAA Golf Course Superintendents Association of America 1421 Research Park Drive Lawrence, KS 66049-3859 Tel. (800) 472-7878 or (785) 841-2240 infobox@gcsaa.org Read our privacy statement. ASS0GAT0 4 AW4lCE 237 http://www.gcsaa..org/gis/2006/travel/hotel_list. asp 11 /8/200516 COUNCIL/RDA MEETING DATE: December 6, 2005 ITEM TITLE: Adoption of a Resolution Accepting a Donation from Windermere Realty and Chicago Title Company for the Annual Breakfast with Santa Special Event RECOMMENDATION: P AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: / I STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting a donation from Windermere Realty and Chicago Title Company for the annual Breakfast with Santa special event. FISCAL IMPLICATIONS: Windermere Realty and Chicago Title have each generously donated $175 in cash to offset the expenses for the annual Breakfast with Santa special event to be held on Saturday, December 9, 2005. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The annual Tiny Tot Breakfast with Santa special event is held each year on the second Saturday of December at which pancakes, orange juice and goodies are provided to children and their families. The event budget is $500. However, the attendance at the event increases each year, requiring additional supplies. The donation of cash and supplies from both Windermere Realty and Chicago Title Company will allow the City to purchase additional supplies for the event. hn� FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council accepting donations from Windermere Realty and Chicago Title Company for the annual Breakfast with Santa special event; or 2. Do not adopt a Resolution of the City Council accepting donations from Windermere Realty and Chicago Title Company for the annual Breakfast with Santa special event; or 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, Interim Community Services Director 2 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING DONATIONS FROM WINDERMERE REALTY AND CHICAGO TITLE COMPANY FOR THE ANNUAL BREAKFAST WITH SANTA SPECIAL EVENT WHEREAS, on November 28, 2005, Windermere Realty and Chicago Title Company each generously offered to donate $175 in cash to be used for the annual Breakfast with Santa special event; and WHEREAS, the gifts were offered for donation to the City of La Quinta and were not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City of La Quinta hereby accepts the donations of $175 in cash from both Windermere Realty and Chicago Title Company to be used for the annual Breakfast with Santa special event. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6tn day of December, 2005, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 3 Resolution No. 2005- Windermere and Chicago Title Donations Adopted: December 6, 2005 Page 2 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 12 X4P OF TVX COUNCIL/RDA MEETING DATE: December 6, 2005 ITEM TITLE: Adoption of Resolutions Revising Resolution Number 98-14, Regarding Solicitation of Bids and Award of Contracts for Public Works Projects, and Revising Resolution Number 2003-026 Regarding Solicitation and Selection of Firms and Award of Contracts for Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council regarding solicitation of bids and award of contracts for public works projects and repealing Resolution 98-14; and adopt a Resolution of the City Council regarding solicitation and selection of firms and award of contracts for the furnishing of services and repealing Resolution 2003-026. FISCAL IMPLICATIONS: Because these resolutions increase the defined value of major public works projects and major contract services (from $25,000 to $50,000), cost savings for staff and consultant time (e.g., assisting with preparation of bid documents and RFQ/RFP's, serving on selection committees, etc.) will be realized for formal bid solicitation and request for proposal processes. CHARTER CITY IMPLICATIONS: The City's Charter, Section 200, Public Works Contracts states that, "The City shall have the power to establish standards, procedures, rules or regulations to regulate all aspects of the bidding, award and performance of any public works contract." BACKGROUND AND OVERVIEW: Municipal Code Chapter 3.30 (Attachment 1) addresses public works contracts, and Municipal Code Chapter 3.32 (Attachment 2) addresses contract services. Both Chapters contain language that allows the City Council, by resolution, to prescribe specific procedures and rules governing the solicitation of bids, selection of firms, and award of contracts. Accordingly, various resolutions have been adopted over the years that prescribe such procedures and rules, the latest being Resolution No. 98-14 for public works contracts and Resolution No. 2003-026 for contract services. Resolution No. 98-14 (public works), Section 3, currently defines "Major Public Works Projects" as those projects having an estimated value of $25,000 or greater. In this case, the formal bid process must be followed, which includes preparation of an invitation for bids, bid advertising, bid security (i.e., a surety bond, cash, check, cashiers check, etc. from the bidder in a sum equal to 10% of the bid amount), a formal bid opening, tabulation and review of received bids, and finally, award of contract. "Minor Public Works Projects" (Section 4) are defined as having an estimated value of less than $25,000. Minor Public Works Projects require at least three competitive bids that are publicly opened. Section 4132 provides that the City Manager may award and execute contracts exceeding $10,000 with City Council approval; Section 4133 allows the City Manager to award and execute contracts for $10,000 or less, and to waive competitive bidding if in the best interest of the City, provided there are adequate funds available; and Section 4134 allows Department Directors to award and execute contracts for $2,500 or less, provided there are adequate funds available. Staff is proposing to revise Resolution No. 98-14, Section 3 to define "Major Public Works Projects" as those projects having an estimated value of $50,000 or greater. Consequently, Section 4 would define "Minor Public Works Projects" as having an estimated value of less than $50,000; Section 4132 would allow the City Manager to award and execute contracts exceeding $30,000 with City Council approval; Section 4133 would allow the City Manager to execute contracts for $30,000 or less, provided there are adequate funds available; and Section 4134 would allow Department Directors to award and execute contracts for $5,000 or less, provided there are adequate funds available. These changes are proposed due to ever-increasing construction costs in recent years. There are few public works projects today with a value of less than $25,000. Accordingly, most public works projects require a formal bid process, which is very costly in terms of Public Works and City Clerk Departments' staff time, consultant time, publishing costs, and postage. Increasing the dollar value of major public works projects to $50,000 will provide cost savings to the City, and improve efficiency. It should be noted that "Minor Public Works Projects" (less than $50,000) require a minimum of three competitive bids where feasible; however, the invitation to bid can be solicited verbally, via written invitation, or published in a recognized source of public works contract information. This is to ensure the City is receiving the most competitive bids for smaller projects. 2 Similar changes are proposed for Resolution No. 2003-026 regarding solicitation and selection of firms and award of contracts for the furnishing of services. "Major Services" in Section 2 would be defined as having an estimated value of $50,000 or greater; "Minor Services" in Section 3 would have an estimated value of less than $50,000. Section 3B would allow the City Manager to award and execute contracts exceeding $30,000 with City Council approval; Section 3C would allow the City Manager to award and execute contracts for $30,000 or less, with the option to waive competitive selection requirements if in the best interest of the City; and Section 3D would allow Department Directors to award and execute contracts for $5,000 or less. Contract service costs have also increased over the years, so the formal Request for Qualifications/Request for Proposal (RFQ/RFP) process must be implemented more often. Again, this costly process requires significant staff time to prepare and mail the RFQ/RFP, respond to questions, convene a selection committee, evaluate the RFQ/RFP's, coordinate and conduct interviews, conduct contract negotiations with the selected firm, and correspond with unsuccessful firms. Cost savings will be realized by changing the definition of "Major Services" to $50,000 or more. "Minor Contract Services" (less than $50,000) will require a minimum of three proposals, where feasible; however, the formal RFQ/RFP process is not required. Both resolutions propose the City Council award all contracts exceeding $30,000; that the City Manager may award contracts for $30,000 or less; and that department directors may award contracts for $5,000 or less. Again, this change is proposed due to increasing public works and contract service costs. Minor contract work will be able to proceed fairly quickly, as contract approval will not be dependent upon the City Council meeting schedule. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council regarding solicitation of bids and award of contracts for public works projects and repealing Resolution 98-14; and adopt a Resolution of the City Council regarding solicitation and selection of firms and award of contracts for the furnishing of services and repealing Resolution 2003-026; or 2. Do not adopt a Resolution of the City Council regarding solicitation of bids and award of contracts for public works projects and repealing Resolution 98-14; and do not adopt a Resolution of the City Council regarding solicitation and selection of firms and award of contracts for the furnishing of services and repealing Resolution 2003-026; or 3 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager Attachments: 1 . Municipal Code Chapter 3.30 2. Municipal Code Chapter 3.32 n RESOLUTION NO. 98 14 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA REGARDING SOLICITATION OF BIDS AND AWARD OF CONTRACTS FOR PUBLIC WORKS PROJECTS AND REPEALING RESOLUTION NO. 98-14 WHEREAS, pursuant to Chapter 3.30 of the La Quinta Municipal Code (LQMC), the City Council desires to prescribe specific procedures and rules governing the solicitation of bids and award of contracts for public works projects; NOW, THEREFORE, the City Council of the City of La Quinta, California, does resolve as follows: Section 1: Applicability The procedures and rules herein shall apply to the solicitation of bids and award of contracts for public works projects pursuant to LQMC Chapter 3.30. Section 2: Local Contractor Preference A. For the purposes of this Chapter, the term "local firm" shall mean a firm which has both maintained its headquarters or permanently -staffed regional office and has held a business license within the area encompassed by the boundaries of the Coachella Valley Association of Governments for a minimum of six consecutive months immediately prior to the closing date for submittal of bids on the contract. B. Determination of the lowest responsible bid for any public works contract shall allow an advantage of two percent (2%) of the lowest bid received to bids under which at least fifty percent (50%) of the contract cost is for work performed by local firms. C. Bidders desiring local preference shall submit, with their bids, in separate, unsealed packages, applications for local preference including qualifying evidence of local -firm status and a listing of the bid items and quantities to be performed or furnished by local firm(s). D. The Public Works Director shall review applications and accept or reject them based on completeness and the adequacy of evidence of local firm status. The denial of local firm status for any bid shall not affect the validity of the bid. E. Decisions regarding local -firm status shall be the sole discretion of the City and shall be deemed final at the time the contract is awarded. In submitting an application for local preference on any contract, the applicant shall agree that the Resolution No. 2005- Solicitation of Bids/Award of Contracts Adopted: December 6, 2005 Page 2 granting or denial by the City of local preference to any bid or bids submitted for the contract shall not constitute cause for any claim of loss or damages suffered by the applicant. F. If a bidder qualifying for local -firm status is awarded a contract for an original amount higher than the lowest responsible bid received and the bidder fails to utilize local firms for the required percentage of the work in the original contract, and said failure is not due to variations from the estimated quantities or other factors unrelated to the bidder or bidder's subcontractors, the City shall have the right to deduct from the amount paid under the contract the difference between the bidder's original bid and any lower responsible bid submitted by a non -local firm. Section 3: Major Public Works Projects Major public works projects are defined as those projects having an estimated value of twenty-five fifty thousand dollars or greater. The solicitation and selection of bids and award of contracts shall conform with LQMC Section 3.30.020 and the following: A. Invitation for Bids. An Invitation for Bids (the "Invitation") shall be published in a newspaper, electronic bulletin board, world wide web site, or other generally -recognized source of local public works contract information, at least ten days prior to the date of the opening of bids. Invitations shall include general descriptions of the work to be performed, the time and place of the opening of bids, the place where bidders may obtain Bid Documents, the amount of bid security required, and the amount and nature of performance and labor and materials security that will be required of the successful bidder. B. Form of Bids. Bids conforming with the requirements of the Invitation shall be submitted to the Department Director (the "Director") in sealed packages or by other means which will prevent the divulging of bids prior to the stated time for opening of bids, all as specified in the Invitation or the Bid Documents. Unopened bids should be clearly marked or otherwise identifiable as bids for the project to which they apply. C. Bid Security. Bids shall be accompanied by cash, cashier's check, certified check, surety bond, or other form of security stated in the Invitation or bidding documents, in a sum equal to ten percent of the amount of the bid. D. Opening of Bids. At the time and place stated in the Invitation, the bids shall be publicly opened and announced. The bid amounts shall be tabulated and the tabulation shall be available for public inspection at the Public Works Department during regular business hours for a period of not less than thirty calendar days after the bid opening. 0 Resolution No. 2005- Solicitation of Bids/Award of Contracts Adopted: December 6, 2005 Page 3 E. Review of bids. The Director shall review all bids received for completeness, accuracy, responsiveness to the Invitation for Bids and Bid Documents, and the City's experience with or knowledge of the qualifications and reliability of each bidder and shall prepare a recommendation for the City Council. The Director's review shall consider the following: 1. Written amounts shall take precedence over associated numeric amounts. Mathematical errors, if found, shall be corrected and shall not disqualify a bid. The corrected total shall be the bid amount considered in determining the lowest responsible bidder and shall be the contract amount awarded if the bid is selected. 2. If one or more responsible bidders qualify for local preference, and the lowest responsible bidder does not qualify, the Director shall allow the two - percent preference to qualifying bids in determining the lowest responsible bidder. F. Award of contract. Contracts shall be awarded by the City Council to the lowest responsible bidder. Determination of the lowest responsible bidder shall be at the sole discretion of the City Council pursuant to findings and recommendations presented by the Director of Public Works at the time of the award of contract. G. Equal bids. If two or more equal low bids are received, the City Council may award the contract to any one of the equal low bidders. H. No bids. When no bids are received from responsible firms, the City Council may accomplish the project in any manner it sees fit. I. Rejection of Bids. The City Council may reject any or all bids presented and may then direct that the project be re -advertised, may authorize negotiation of a contract with one or more responsible firms, or may resolve that the project can be performed more economically by City forces, day labor, time and materials contract, or other method. J. Execution of contract. The successful bidder shall execute the contract and furnish required performance security and labor and materials security within ten days after the City mails or otherwise forwards a written notice of award to the bidder. K. Forfeiture of bid security. If the successful bidder fails to execute the contract and furnish security within the stated time, and said failure is not primarily due to actions or omissions of the City or to acts of God, the bidder shall forfeit the bid security provided. The City Council may then consider the bid of the next lowest responsible bidder. -I 2 7 Resolution No. 2005- Solicitation of Bids/Award of Contracts Adopted: December 6, 2005 Page 4 L. Release of bid security. Bidders are entitled to the return of their bid security unless forfeited as provided herein. The City shall retain all bid security until a contract has been executed or until the City Council rejects all bids at which time all bid security not forfeited shall be returned to the appropriate bidders. M. Disposition of forfeited bid security. The City shall retain forfeited bid security until a contract is awarded to another firm or the project is canceled. The City shall retain an amount equal to the difference between the forfeiting firm's bid and the new contract amount, if any, and an additional amount equal to administrative and other costs incurred as a result of the failure of the forfeiting bidder to enter into a contract and provide required security, and shall return any remaining amount of the bid security to the forfeiting bidder. N. Performance security and labor and materials security. The bidder to whom the contract is awarded (the "successful bidder") shall furnish performance security and labor and materials security in amounts specified in the Invitation or Bid Documents. Section 4: Minor public works projects Minor public works projects are defined as those projects having an estimated value of less than twenty fide fifty thousand dollars. The solicitation and selection of bids and award of contracts shall conform with LQMC Section 3.30.030 and the following: A. Security Bid. Security and labor and materials security shall conform with the requirements for major public works projects but may be modified or waived if warranted and in the best interest of the City. B. Execution and Award of Contracts 1. The City Council may award contracts. 2. The City Manager may award and execute contracts exceeding t-e-n thirty thousand dollars with the subsequent approval of the City Council. 3. The City Manager may award and execute contracts for te-n thirty thousand dollars or less, and may waive competitive bidding if in the best interest of the City, provided there are unencumbered appropriations in the fund accounts against which the expenses are to be charged. 4. Department Directors may award and execute contracts of t thousand five hundred five thousand dollars or less with or without competitive —,tive bidding provided there are unencumbered appropriations in the fund accounts against which the expenses are to be charged. Resolution No. 2005- Solicitation of Bids/Award of Contracts Adopted: December 6, 2005 Page 5 Section 5: Exceptions Exceptions to the procedures specified herein shall be as specified in LQMC Section 3.30.040 and as follows: A. The authority awarding the contract may waive irregularities in bids received provided that such waiver is in the best interest of the City and does not result in unfair advantage to any bidder. PASSED, APPROVED and ADOPTED this 6"' day of December, 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 3 ,. 3 41 RESOLUTION NO. 2003-026 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA REGARDING SOLICITATION AND SELECTION OF FIRMS AND AWARD OF CONTRACTS FOR THE FURNISHING OF SERVICES AND REPEALING RESOLUTION NO. 98 15 2003-026 WHEREAS, PURSUANT TO Chapter 3.32 of the La Quinta Municipal Code (LQMC), the City Council desires to prescribe specific procedures and rules governing the solicitation and selection of firms and award of contracts for services; NOW, THEREFORE, the City Council of the City of La Quinta, California, does resolve as follows: Section 1: Applicability The procedures and rules herein prescribed shall apply to the solicitation and selection of firms and award of contracts for the furnishing of services pursuant to LQMC Chapter 3.32. Section 2: Contracts for major services Major services are defined as those services having an estimated value of twenty-five y fifty thousand dollars or greater. The solicitation and selection of firms and award of contracts shall conform to LQMC Section 3.32.020 and the following: A Contract Services Registry 1 . Establishment. The City shall maintain a Contract Services Registry (the Registry) of firms providing commonly required services. The Registry shall contain the names, addresses and telephone numbers provided by the firms, the particular categories of services each firm provides, and limited documentation provided by each firm in support of qualifications and professional competence to perform the services. 2. Annual Notice. The City Clerk shall annually publish a notice inviting firms to submit or update their qualifications. The notice shall be published at least twice in a newspaper of general circulation during the month of January. The City may prescribe a standard form with which interested firms must submit their qualifications. 10 Resolution No. 2005- Selection of Firms / Award of Contracts Adopted: December 6. 2005 Page 2 During the month of January of even -numbered years, the City Clerk shall mail notices to firms on the Registry requesting that they verify or update their qualification materials. Any firm not responding to the notice shall be removed from the Registry. B Selection Procedure Except as hereinafter provided, the selection of firms for major services shall conform with LQMC Section 3.32 and the following: 1 . Form Selection Committee. The Selection Committee (Committee) shall comply with LQMC Section 3.32.020B. The City Council may authorize the retention of a private consultant to function as the Selection Committee. 2. Review Qualifications. The Committee shall review the Registry for qualifications of firms, which offer the required services. If an insufficient number of qualified firms are found in the Registry, the Committee shall issue a Request for Statements of Qualifications (RFQ). The RFQ shall provide a general description of the services required and shall request that firms submit Statement of Qualifications to perform those services. 3. Select Short List of Most Qualified Firms. The Committee shall select a list of the most qualified firms (the "short list"). The short list shall include, where possible, at least three but normally not more than five firms. 4. Issue Request for Proposals. The Committee shall issue a Request for Proposals (RFP) to the firms appearing on the short list. The RFP shall contain, at a minimum, a project name, a detailed scope of services to be provided and the date and time by which proposals must be submitted. 5. Form of Proposals. The form of the proposals requested should be commensurate with the category and scope of the services desired and may require sealed fee proposals. a) For projects with well-defined scopes of work, the proposal may consist of an offer to perform the work defined in the RFP, a schedule of performance and a proposed fee. 11 Resolution No. 2005- Selection of Firms / Award of Contracts Adopted: December 6, 2005 Page 3 b) For projects with complex or poorly -defined scopes of work, proposals should include, where applicable, specific information regarding each firm=s understanding of the project, proposed team, resources, approach, expanded scope of work, work schedule, schedule of fees, and, if appropriate, a fee proposal. c) Any individual or firm proposing to provide construction project management services shall provide evidence that the individual or firm and its personnel carrying out onsite responsibilities have expertise and experience in the services they are to provide. d) Review Proposals. The Committee shall review the proposals received and may conduct interviews or hold discussions with the proposing firms. e) Rank Short-listed Firms. The Committee shall rank the proposing firms according to the criteria specified in LQMC Section 3.32.010. f) Notify Firms. Following the selection process, firms on the short list shall be notified of their positions in the ranking. g) Open Fee Proposals. Once firms have been notified of their positions in the ranking, the City Manager or representatives of the Department shall open and review the fee proposals (if any) to determine a range of apparently fair and reasonable value of the services to be performed. h) Negotiate with the Top -Ranked Firm. After firms on the short list have been notified of their positions in the ranking, the City Manager and/or representatives of the contracting department shall, if necessary, negotiate with the next firm to arrive at mutually -acceptable contract terms. i) Terminate Negotiation and Begin Negotiation with Next -Ranked Firm. If an agreement cannot be reached with the top -ranked firm, negotiations shall begin with the next firm in the rankings. This process shall be repeated until negotiations are successfully concluded or until the list of qualified firms submitting proposals is exhausted and an agreement cannot be reached. 12 Resolution No. 2005- Selection of Firms / Award of Contracts Adopted: December 6, 2005 Page 4 Section 3: Contracts for minor services Minor services are defined as those services having an estimated value of less than twenty five fifty thousand dollars. The solicitation and selection of firms and award of contracts shall conform to LQMC Section 3.32.030 and the following: A. The City Council may award contracts. B. The City Manager may award and execute contracts exceeding fifteen thirty thousand dollars with the subsequent approval of the City Council. C. The City Manager may award and execute contracts for fifteen thirty thousand dollars or less, and may waive competitive bidding requirements in the best interests of the City, provided there are adequate unencumbered appropriations in the fund accounts against which the expenses are to be charged. D. Department Directors may award and execute contracts for services of two thoUsand five d-red five thousand dollars ($2,590 5,000) or less with or without competitive bidding provided there are adequate unencumbered appropriations in the fund accounts against which the expenses are to be charged. Section 4: Exceptions to the procedures specified herein shall be as specified in LQMC Section 3.32.040 and as follows: A. For services other than those requiring the professional judgment of private architectural, landscape architectural, professional engineering, environmental, land surveying, and construction project management firms, fee proposals need not be sealed and may be opened and considered prior to the ranking of short-listed firms. B. The authority awarding any contract, for which cost proposals have been received, may waive irregularities in the cost proposals provided that such waiver is in the best interests of the City and does not result in an unfair advantage to any firm. Section 5: This Resolution supersedes and replaces Resolution No. 98 1-5 2003-026. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6" day of December, 2005, by the following vote: 13 Resolution No. 2005- Selection of Firms / Award of Contracts Adopted: December 6, 2005 Page 5 AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 01 2 14 Chapter 3.30 PUBLIC WORKS CONTRACT ATTACHMENT 1 I ifle 3 RFVE-,NLJ ;°<;ND H NANCt Chapter 3.30 PUBLIC WORKS CONTRACT 3,3o.010 Solicitation and selection criteria. A. Contracts for public works projects, as defined in Section 20161 of the California Public Contract Code, shall be awarded to the lowest responsible bidder. B. The city council may, by resolution, prescribe specific procedures and rules governing the solicitation of bids and award of contracts for public works projects. (Ord. 315 § 4 (part), 1998) 3.30.020 Solicitation and selection for major public works projects. A. Bids shall be solicited by invitation published in a generally recognized source of local public works contract information. B. Bids shall be publicly opened and announced at a time and place stated in the published invitation for bids. C. Contracts shall be awarded by the city council. (Ord. 315 § 4 (part), 1998) 3.30.030 Solicitation and selection for minor public works projects. A. Bids shall be solicited by written or verbal invitation or as specified in Section 3.30.020A, or a combination thereof, and shall obtain, whenever feasible, at least three competitive bids. B. The city council may by resolution authorize the award and execution of contracts by the city manager and department directors. C. The department administering the contract shall keep written records of proposals and contracts for a period of one year following the award of contract. (Ord. 315 �� 4 (part), 1998) 3.30.040 Contract incentives. Contracts for public works projects may include monetary or other incentives for superior performance or early completion of the work. (Ord. 315 § 4 (part), 1998) 3.30.050 No prevailing wage requirement. The city shall impose no prevailing wage requirement. (Ord. 315 § 4 (part), 1998) 3.30.060 Applicability of other state contract code requirements. With the exception of local procedures and rules set forth in this chapter and resolutions adopted pursuant thereto, public works projects shall conform witli state requirements for public works projects. (Ord. 315 { 4 (part), 1998) 3.30.070 Exceptions to the procedures prescribed in this chapter. A. Contracts utilizing funding or other participation from agencies which require conformance with state, federal or other contracting regulations shall be exempt from provisions of this chapter, and any resolutions established pursuant thereto, which would jeopardize the availability of the funding or participation. 15 .-., Chapter 3.30 PUBLIC WORKS CONTRACT B. Solicitation of bids for design/build projects may be by direct invitations to qualified contractors. Selection of firms for such projects may consider the quality of the services offered. in all other respects the solicitation, selection and award of contracts for design/build projects shall conform with the provisions of this chapter. C. The city council may authorize the award and execution of contracts for public works projects without competitive bidding provided that such award is in the best interest of the city or of the public health, safety and welfare. D. The city manager may authorize the solicitation, selection, award, and execution of contracts for public works projects by the most expeditious method where time is of the essence to prevent an emergency lack of critically needed services. If the contract is for a major public works project, it shall be submitted for ratification at the next regular city council meeting. E. The city council may, by resolution, establish local -contractor preference advantages in the award of contracts for public works projects. (Ord. 315 § 4 (part), 1998) n 8� 16 Chapter 3.32 SERVICE CONTRACTS ATTACHMENT 2 E_.tIf 3 E EVI: Nt. E AND 1.-1N;"NC:E:. Chapter 3.32 SERVICE CONTRACTS 3.32.010 Solicitation and selection criteria. A. Solicitation and selection of professional services of private architectural, landscape architectural, professional engineering, environmental, land surveying, and construction project management firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required and on fair and reasonable prices. Where the city manager or department director determines that the particular services required are of a technical nature and involve little professional judgement, solicitation and selection shall comply with subsection B of this section. B. Solicitation and selection of firms for services other than those specified in subsection A of this section shall be on the basis of the most advantageous proposal after consideration of qualifications, demonstrated competence, cost, delivery time, and other factors. C. The city council may, by resolution, prescribe specific procedures, rules and regulations governing the solicitation and selection of firms. (Ord. 315 § 5 (part), 1998) 3.32.020 Contracts for major services. A. Solicitation of firms shall be by written or published requests for competitive proposals. B. Proposals shall be reviewed and ranked by a selection committee composed of members competent to judge the qualifications of firms for the category of services to be provided. C. Contracts shall be awarded by the city council. (Ord. 315 § 5 (part), 1998) 3.32.030 Contracts for minor services. A. Solicitation of firms shall be by verbal, written or published requests for, whenever feasible, at least three competitive proposals. B. The city manager or department director may review and rank proposals. C. The city council may by resolution authorize the award and execution of minor contracts by the city manager and department directors. D. The department administering the contract shall keep written records of proposals and contracts for a period of one year following the award of contract. (Ord. 315 § 5 (part), 1998) 3.32.040 Contract incentives. Service contracts may include monetary or other incentives for superior performance or early completion of the services rendered. (Ord. 315 § 5 (part), 1998) 3.32.050 Exceptions to the procedures prescribed in Sections 3.32.010 to 3.32.030. A. Contracts utilizing funding or other participation from agencies which require conformance with state, federal or other contracting regulations shall be exempt from provisions of this chapter, and any resolutions established pursuant thereto, which would jeopardize the availability of the finding or participation. B. Solicitation and selection of firms and award of contracts for public works design/build projects shall not be subject to the provisions of this chapter. 17 ,-` Chapter 3.32 SERVICE CONTRACTS C. The city council may authorize award and execution of service contracts with no competitive proposals where experience with the proposed service provider has demonstrated competence and satisfactory performance or in the renewal or renegotiation of existing contracts for continuing services. D. The city manager may authorize the solicitation, selection, award, and execution of service contracts by the most expeditious method where time is of the essence to prevent an emergency lack of critically needed services. If the contract is for major services, it shall be submitted for ratification at the next regular city council meeting. (Ord. 315 5 5 (part), 1998) Larn a�- a� cy� V z G� OF DLO COUNCIL/RDA MEETING DATE: December 6, 2005 ITEM TITLE: Approval of Amendment No. 2 to the Professional Services Agreement (PSA) with David Evans and Associates Inc., for Design of the City Hall Expansion, Project No. 2002-01 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 13 Approve Amendment No. 2 to the Professional Services Agreement with David Evans and Associates Inc. in the amount of $199,682 for design services for renovations to the existing City Hall. FISCAL IMPLICATIONS: The current contract with David Evans and Associates Inc., including optional construction management services, is $530,61 5. The proposed amendment will add $199,682 for a total contract price of $730,297. Funding for the additional costs associated with the design of the project will be obtained from Development Impact Fees (DIF), Account # 252-000-300-290. As of 10/31 /05 the balance of the Account was $1 ,251 ,61 3. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 7, 2002, the City Council approved and adopted the Fiscal Year 2002/2003 through Fiscal Year 2006/2007 CIP. The City Hall expansion received funding for design during Fiscal Year 2002/2003. David Evans and Associates Inc. (DEA) was awarded a contract to prepare the plans, specifications and construction cost estimates (PS&E) to design an approximately 15,000 square foot expansion to the City Hall. S\CITYMGR\STAFF REPORTS ONLY\C 18 DEA AMEND 2.DOC On October 21, 2003, the City Council reviewed the schematic design and directed staff to expand the scope of the City Hall expansion project to include a subterranean Emergency Operations Center as well as certain renovations to the existing City Hall. On November 18, 2003 the DEA contract was amended for the first time to include the addition of the EOC. On September 7, 2004, final design plans based on the direction received on October 21, 2003, were presented to the City Council for approval. The City Council rejected the plans and directed staff to revisit the schematic drawings and revise the circulation patterns for the expansion. On November 16, 2004, new circulation schematics were presented to the City Council and direction was given to staff as to the preferred solution. On April 19, 2005 the new schematic design was approved by the City Council. On September 6, 2005 the new design development plans were approved by the City Council. The proposed amendment to the agreement (Attachment 1 ) will cover the costs associated with the redesign efforts of the design team as well as the added design cost of the construction documents due to an increase in the size of the addition based on the redesign. DEA has continued to proceed with the project and it is estimated that the construction documents are approximately 30% complete. FINDINGS AND ALTERNATIVES: 1 . Approve Amendment No. 2 to the Professional Services Agreement with David Evans and Associates Inc. in the amount of $199,682 for design services for renovations to the existing City Hall; or 2. Do not approve Amendment No. 2 to the Professional Services Agreement with David Evans and Associates Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Director of Building and Safety S:`,CITYMGR\STAFF REPORTS ONLY\C 18 DEA, AMEND 2.DOC 2 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Amendment to the Professional Services Agreement with DEA S:\CITYMGR\STAFF REPORTS ONLY\C 18 DEA AMEND 2.DOC 3 ATTACHMENT 1 AMENDMENT #2 TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DAVID EVANS AND ASSOCIATES INC. FOR DESIGN OF THE CITY HALL EXPANSION. PROJECT NO. 2002-01 Per Section 9.3 of the aforementioned Agreement, both parties agree to the following: Exhibit B is amended to add $199,682 to the base contract amount for a total base contract amount of $635,739. Optional services remains at a total of $94,558. Section 2.1 of the contract is amended to read as follows: 2.1 Contract Sum For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Six hundred and thirty five thousand, seven hundred and thirty five Dollars ($635,739) ... the rest of the Section to remain unchanged. City of La Quinta a California municipal Corporation Thomas P. Genovese, City Manager ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Date S:`,CITYMGR\STAFF REPORTS ONLY\C 18 DEA AMEND 2.DOC 4 CONSULTANT: DAVID EVANS AND, ASSOCIATES By: Name: Title: Date: n I7 S:�CITYMGR\STAFF REPORTS ONLY\C 18 DEA AMEND 2.DOC cew`d' 4 SepQuiK!w COUNCIL/RDA MEETING DATE: December 6, 2005 ITEM TITLE: Approval of Amendment No. 1 to the Contract for Services Agreement by and Between the City of La Quinta and HDR Engineering, Inc. to Provide Services Related to Environmental Compliance Documentation for a Specific Plan, Environmental Impact Report, and Technical Reports for a Costco Commercial Center, to be Located South of Highway 1 1 1 and West of the La Quinta Evacuation Channel and Jefferson Street RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to sign Amendment No. 1 to the Contract for Services Agreement (Attachment 1) in an amount not to exceed $83,433 for additional consulting services related to environmental compliance documentation for a Specific Plan, Environmental Impact Report, and technical reports for a Costco commercial center. FISCAL IMPLICATIONS: None. The project developer will deposit the funds necessary for the Amendment in an amount not to exceed $83,433 for the cost of Amendment No. 1 . CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Since April 11 , 2005, HDR Engineering, Inc. has been under contract for completion of the following tasks associated with the Costco/Komar project: ■ Preparation of the Specific Plan ■ Preparation of the EIR ■ Technical Reports including the Draft EIR and Final EIR/Response to Comments and Errata, Mitigation Monitoring and Reporting Program, and CEQA findings. As these tasks have moved forward, additional research and analysis was deemed necessary and work was completed. This, in turn, resulted in the submittal of an Amendment request necessary to cover the additional expenses. Specifically, :the 0 majority of the Amendment costs are associated with additional traffic analysis in response to preliminary comments received from the City of Indio and an assessment of environmental impacts associated with utility crossing of the adjacent property and stormwater channel. A summary of the costs associated with this Amendment are as follows: ■ Traffic - $17,500 ■ Air & Noise - $ 3,150 ■ Biology - $18,390 ■ Cultural - $ 9,278 ■ Geotech & Haz. Materials - $12,575 ■ Coordination & Management - $22,540 TOTAL $83,433 Representatives from Costco were apprised of the additional work throughout the process. In addition, they have reviewed the Amendment and have agreed to pay for the additional cost. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Authorize the City Manager to sign Amendment No. 1 to the Contract for Services Agreement in an amount not to exceed $83,433 for additional consulting services related to environmental compliance documentation for a Specific Plan, Environmental Impact Report, and technical reports for a Costco commercial center; or 2. Do not authorize the City Manager to sign Amendment No. 1 ; or 3. Provide staff with alternative direction. Respectfully submitted, m.r Douglas/PCEvans Community Development Director roed for submissiob Thomas P. Genovese City Manager Attachment: 1 . Contract for Services Agreement Amendment No.1 ATTACHMENT 1 CONTRACT FOR SERVICES AMENDMENT NO. 1 This is Amendment 1 to the Contract Services Agreement between the City of La Quinta and HDR Engineering, Inc. to provide services related to environmental compliance documentation for a Specific Plan, Environmental Impact Report, and Technical Reports for a Costco Commercial Center, executed on April 11, 2005, is made and entered into by and between the City of La Quinta (the "City") and HDR Engineering, Inc. (the "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR Services to complete all tasks associated with this Amendment shall be performed consistent with the service provisions as set forth in the April 11 2005 Contract Services Agreement. 2.0 COMPENSATION For the services rendered pursuant to this Amendment, the Contractor shall be compensated by the City the Amendment in the amount not to exceed, Eighty Three Thousand and Thirty Dollars ($83,433.00). The method of payment shall in accordance with the April 1 1 , 2005 Contract Services Agreement. 2.0 PERFORMANCE SCHEDULE Contractor shall complete the scope of services in accordance with the April 11, 2005 Contract Services Agreement and this Amendment. IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates stated below: Dated: Dated: CITY OF LA QUINTA, a California municipal corporation ("CITY") Thomas P. Genovese, City Manager HDR ENGINEERING INC., a California corporation ("CONTRACTOR") By: Name: Title: P AGENDA CATEGORY: BUSINESS SESSION: / COUNCIL/RDA MEETING DATE: December 6, 2005 CONSENT CALENDAR: ITEM TITLE: Consideration of the Comprehensive STUDY SESSION: Annual Financial Report for the Year Ended June 30, 2005 PUBLIC HEARING: RECOMMENDATION: Approve, receive and file the Comprehensive Annual Financial Report for the year ended June 30, 2005 (Attachment 1). FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the end of every fiscal year, the City prepares an audited financial report. This year the City prepared a Comprehensive Annual Financial Report, in accordance with Government Accounting Standards Board No. 34, for the year ended June 30, 2005. Mr. Mike Harrison, CPA and Auditing Partner of Conrad and Associates, is prepared to make a brief presentation of the report' s highlights and answer any questions. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve, receive and file the Comprehensive Annual Financial Report for the year ended June 30, 2005; or 2. Do not approve, receive and file the Comprehensive Annual Financial Report for the year ended June 30, 2005; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer', Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Comprehensive Annual Financial Report for the year ended June 30 2005 (Previously distributed to City Council) 2 FILE COPY ' (File copy must 6e resumed, thank you) CITY OF LA QUINTA La Quinta, California Comprehensive Annual Financial Report Year ended June 30, 2005 CI �l 1 Prepared by FINANCE DEPARTMENT JOHN M.FALCONER Director of Finance t (This page intentionally left blank) 1 CITY OF LA QUINTA ' Comprehensive Annual Financial Report Year ended June 30, 2005 ' TABLE OF CONTENTS Page INTRODUCTORY SECTION Letter of Transmittal i List of Principal Officials viii ' Organizational Chart ix Certificate of Award for Outstanding Financial Reporting (CSMFO) x ' Certificate of Achievement for Excellence in Financial Reporting (GFOA) xi FINANCIAL SECTION ' Independent Auditors' Report 1 Management's Discussion and Analysis (Required Supplementary Information) 3 ' Basic Financial Statements: Government -wide Financial Statements: ' Statement of Net Assets 17 Statement of Activities 18 ' Fund Financial Statements: Governmental Funds: ' Balance Sheet 20 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets 23 ' Statement of Revenues, Expenditures and Changes in Fund Balances 24 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities 26 ' Proprietary Funds: Statement of Net Assets 27 ' Statement of Revenues, Expenses and Changes in Net Assets 28 Statement of Cash Flows 29 ' Fiduciary Funds: Statement of Fiduciary Assets and Liabilities — Agency Funds 30 1 1 CITY OF LA QUINTA Comprehensive Annual Financial Report Year ended June 30, 2005 TABLE OF CONTENTS, (Continued) Page FINANCIAL SECTION, (Continued) Notes to the Basic Financial Statements 31 REQUIRED SUPPLEMENTARY INFORMATION: Notes to Required Supplementary Information 75 Budgetary Comparison Schedules: General Fund 76 SUPPLEMENTARY SCHEDULES: Non -Major Governmental Funds: Combining Balance Sheet 80 Combining Statement of Revenues, Expenditures and Changes in Fund Balance 81 Non -Major Special Revenue Funds: Combining Balance Sheet 84 Combining Statement of Revenues, Expenditures and Changes in Fund Balance 86 Budgetary Comparison Schedules: State Gas Tax Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 88 Federal Assistance Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 89 State Law Enforcement Block Grant (SLEBG) Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 90 Indian Gaming Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 91 ' CITY OF LA QUINTA Comprehensive Annual Financial Report ' Year ended June 30, 2005 ' TABLE OF CONTENTS, (Continued) ' Page FINANCIAL SECTION, (Continued) Lighting and Landscape Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 92 ' Riverside County Transportation Commission (RCTC) Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 93 Quimby Fund: Schedule of Revenues, Expenditures and Changes in Fund ' Balances — Budget and Actual 94 Public Safety Fund: ' Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 95 ' Arts in Public Place Fund: Revenues, Expenditures Changes in Fund Schedule of and Balances — Budget and Actual 96 ' Urban Forestry Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 97 ' South Coast Air Quality Fund: Schedule of Revenues, Expenditures and Changes in Fund ' Balances — Budget and Actual 98 Congestion Management Air Quality (CMAQ) Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 99 Low/Moderate Income Housing Project Area No. 1 Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 100 Low/Moderate Income Housing Project Area No. 2 Fund: ' Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 101 CITY OF LA QUINTA Comprehensive Annual Financial Report Year ended June 30, 2005 TABLE OF CONTENTS, (Continued) Page FINANCIAL SECTION, (Continued) Major Debt Service Funds: Budgetary Comparison Schedules: Redevelopment Agency Project Area No. 1 Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 104 Redevelopment Agency Project Area No. 2 Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 105 Financing Authority Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 106 Major and Non -Major Capital Projects Funds: Combining Balance Sheet 108 Combining Statement of Revenues, Expenditures and Changes in Fund Balance 110 Budgetary Comparison Schedules: Capital Improvement Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 112 Redevelopment Agency Project Area No. 1 Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 113 2004 Low/Moderate Income Bond Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 114 Infrastructure Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 115 CITY OF LA QUINTA Comprehensive Annual Financial Report ' Year ended June 30, 2005 ' TABLE OF CONTENTS, (Continued) ' Page FINANCIAL SECTION, (Continued) ' Transportation Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 116 ' Parks and Recreation Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 117 Civic Center Fund: Schedule of Revenues, Expenditures and Changes in Fund ' Balances — Budget and Actual 118 Library Development Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 119 County Library Development Fund: ' Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 120 ' Community Center Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 121 Street Facility Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 122 Park Facility Fund: Schedule of Revenues, Expenditures and Changes in Fund ' Balances — Budget and Actual 123 Fire Facility Fund: Schedule of Revenues, Expenditures and Changes in Fund ' Balances — Budget and Actual 124 Assessment District 2000-1 Phase VI Fund: ' Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 125 1 CITY OF LA QUINTA Comprehensive Annual Financial Report Year ended June 30, 2005 TABLE OF CONTENTS, (Continued) Page FINANCIAL SECTION, (Continued) Redevelopment Agency Project Area No. 2 Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 126 Redevelopment Agency Taxable Bond Project Area No. I Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 127 Financing Authority Capital Projects Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 128 Internal Service Funds: Combining Statement of Net Assets 130 Combining Statement of Revenues, Expenditures and Changes in Fund Balance 131 Combining Statement of Cash Flows 132 Agency Funds: Combining Balance Sheet 134 Statement of Changes in Assets and Liabilities 136 Capital Assets Used in the Operation of Governmental Funds: Schedule by Source 140 Schedule by Function and Activity 141 Schedule of Changes by Function and Activity 142 ' CITY OF LA QUINTA Comprehensive Annual Financial Report ' Year ended June 30, 2005 ' TABLE OF CONTENTS, (Continued) ' Table No. Page STATISTICAL SECTION ' General Fund Expenditures by Function 1 144 General Fund Revenues by Source 2 145 Property Tax Levies and Collections 3 146 Schedule of Net Taxable Value 4 147 Property Tax Rates - Direct and Overlapping Governments 5 148 ' Special Assessment Billings and Collections 6 149 Schedule of Direct and Overlapping Bonded Debt 7 150 ' Computation of Legal Debt Margin 8 151 Revenue Bond Coverage 9 152 ' Demographic Statistics 10 153 Property Value and Construction Activity 11 154 ' Principal Taxpayers 12 155 Major Employers 13 156 Schedule of Insurance in Force 14 157 ' Miscellaneous Statistical Data 15 158 ' General Fund Balance Trends 16 159 (This page intentionally left blank) vj P.O. Box 1504 LA QUIN IA, CALIFORNIA 92247-1504 78-495 CALLF TAMPICO (760) 7 7 7 - 7 0 0 0 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 August 18, 2005 To the Honorable Mayor, Members of the Governing Council, and Citizens of the City of La Quinta, California: Government Code 26909 (a) requires that the City, as a local agency of the County, contract with a ,certified public accountant to perform an annual audit of the accounts and records of the City and that the audit conform to generally accepted auditing standards. 1 urther, Government Code 26909 (b) states that an audit report shall be filed with the State Controller and with the County Auditor of the County in which the district is located within 12 months of the end of the fiscal year. This report is published to fulfill these requirements for the fiscal year ended June 30, 2005. ' In addition, City Ordinance 2.12.040 requires an annual audit be performed by a certified public accountant. Management assumes full responsibility for the completeness and reliability of the information contained in this report, based upon a comprehensive framework of einternal control that it has established for this purpose. Because the cost of internal control should not exceed anticipated benefits, the ' objective is to provide reasonable, rather than absolute, assurance that the financial statements are free of any material misstatements. ' Conrad & Associates, LLP, Certified Public Accountants, have issued an unqualified opinion on the City of La Quinta financial statements for the year ended June 30, 2005. ' The independent auditor's report is located at the front of the financial section of this report. ' Management's discussion and analysis (MD&A) immediately follows the independent auditor' s ref ort and provides a narrative introduction, overview, and analysis of.tht: basic financial statements. W 1 The MD&A: complements the letter`of'transmittal and should be read in conjunction with it. Profile of the Government The City of La Quinta is located 120; miles east of Los Angeles in the eastern portion, of Riverside County known as the Coachella Valley. The City motto is "That Gem of the Desert." The City is governed by a five -member City Council under the"Council/Manager form of government. The Mayor is directly elected by i the citizens.. The Mayor serves a two-year term and the four Council members serve four-year terms, with two Council members elected every two years. The Mayor and four council members are elected at large. The City was originally incorporated in 1982 as a_ general law City and it became a charter City in November 1996. _ - The Council appoints the City Manager, who, in turn appoints the Assistant City Manager and the heads of the various departments. The City of La. Quinta provides a range of services which include: construction and maintenance of streets and other infrastructure; community development and planning; construction and code compliance; various recreational and cultural activities; and general' municipal services. Services are also provided to -the City and its citizens by contract and by the direct services of other government agencies and organizations. These services include police and fire protection through the County of Riverside, library services through the County of Riverside, visitor and tourist information through Palm Springs Desert Resorts Convention and Visitors Authority, City promotion through the La Quinta Chamber of Commerce, water and sewer service through the Coachella Valley Water District, electricity service through the Imperial. Irrigation District, refuse collection through Waste Management Company, public transit through Sunline Transit Agency, and cable service through Time Warner. The City of- La Quinta also is financially accountable for. a legally separate Redevelopment Agency and Financing Authority. Additional information on these two legally separate entities can be found in the notes to the financial statements. - Pursuant to. City Ordinance 2.08.060 and 2.12.030_the City Manager and Finance Director are responsible for the preparation of the annual budget for City Council consideration prior to the start of the fiscal year. ' The annual budget serves as the foundation for the City of La Quinta's financial planning and control. ' The budget is prepared by fund, function, department and line item. Department heads may transfer line item resources within a division with the approval of the City Manager. Transfers between divisions and departments need approval from the City Council and the City Manager. Local economy ' According to the State of California Economic Development Department (EDD), as of July 2005, the total workforce for the City of La Quinta was 13,800 of which ' 13,400 were employed for a 2.7% unemployment rate. This rate is significantly lower than the Riverside County unemployment rate of 5.5% and the statewide unemployment rate of 5.4%. ' During the last ten years, the City of La Quinta has been in a growth phase with net assessed values increasing from $2.06 billion in FY 95/96 to $6.34 billion or ' over 300%. This major increase in assessed value consists primarily of residential development; however, in the last two years major commercial development has occurred along ' the Highway 111 corridor. New commercial development includes the recent opening of the following retailers in alphabetical order: Circuit City, Kohl's, Marshals, Petsmart, Ross Dress 4 Less, SteinMart, Target, Wal-Mart. These ' compliment the Home Depot and Lowes that have previously located in the City. In addition, the City is anticipating the opening of an Embassy Suites Hotel, ' Homewood Suites Hotel, Sams Club, and Costco in 2006. One auto dealer, the Mazda Superstore, has closed and was replaced by a Kia dealership and the local Chevrolet dealership has indicated that they may move ' from their present location of over twenty years to a neighboring city. The City of La Quinta is also home to many fine restaurants, which include the ' Hogs Breath Inn, Arnold Palmer Restaurant, LG's and The Falls Prime Steak houses, the Cliff House and Omri and Boni's. ' The City of La Quinta has transformed itself from a retirement community known as the "Gem of the Desert" and the western home of golf to a year-round full - service community. ' Major employers include the hospitality industry — the La Quinta Resort and Club, PGA West, Desert Sands Unified School District, Wal-Mart, Rancho La Quinta, and Lowe's. 1 During the past ten years, the City of La Quinta general fund expenditures have increased 360%. Departments that have exceeded the average include Public Works (832%), Community Services (555%) and Public Safety (393%). In the case of Public Works, much of the increase can be attributed to increases in street, landscape and park maintenance costs. Community Services increases can be attributed to opening the Senior Center, and increases in recreational and community outreach programs. In the case of Public Safety, much of the increase is reflected in increased police and fire service personnel costs and higher levels of service. During the same ten-year period, the City of La Quinta general fund revenues increased 409%. Sources that exceeded the average include intergovernmental (1010%), charges for services (617%) and interest earnings (451 %). In the case of intergovernmental revenues, most of the increase is attributable to the way the fire service contract is accounted for and an increase in motor vehicle fees. The Charges for Services increase is due to the volume of activity occurring in the City, and in the case of interest, the increase is due to greater General Fund reserves and additional advances between the General Fund and the Redevelopment Agency. Long-term financial planning Each year the City embarks on a strategic planning process which begins in the spring with a discussion of the City Council goals and ends with adoption of the budget in June. The documents that are generated in this strategic planning process include a presentation of the financial achievements for the past fiscal year, a five-year cash flow projection for each City, Redevelopment Agency and Financing Authority fund, and a financial management strategies and recommendation report for the coming fiscal year. Within the financial strategies and recommendation report, a "build out" analysis is included, which estimates the annual General Fund revenue (inflows) and expenditures (outflows) in thirty years. This build out analysis is updated every three years based upon future land use designations, existing land use and population projections. This build out report projects that in thirty years, with an estimated population of 68,500 versus the current 35,000, the annual revenues into the General Fund will be $18.9 million less than expenditures. With this information, the City of La Quinta is attempting to attract revenue -producing businesses and hotels consistent with its land use planning, while at the same time providing current and future residents a level of service that makes them proud to call La Quinta their home. During Fiscal Year (FY) 04/05, the General Fund balance increased by $9.2 million consisting of revenue increases in each category: taxes, license and permit fees, iv ' charges for services, intergovernmental and interest earnings. In addition, expenditures were less than budgeted in police, fire and street operation divisions. The General Fund Balances as of June 30, 2005 was $63.9 million of which $32.4 million was reserved and $31.5 million was unreserved with designations. These ' designations include an emergency reserve set at 35% of the annual budget plus $4,000,000 and a cash flow reserve of 8.25% of the annual budget. Other ' designations of the General Fund balances at year end can be found in the Footnotes to the Financial Statements. ' Additional components of the strategic; planning process include the Economic Development Plan, the Capital Improvement Program, the Annual Budget and the Five -Year Resource Allocation Plan. An explanation of each of these documents is ' provided below. Economic Development Plan t This plan outlines a vision and direction for the City's economic development activities. It presents the mission statement, implementation policies, projected resources, and business plan the City and the La Quinta Redevelopment Agency ' will follow to sustain a comprehensive economic development effort. It is goal - oriented in that the economic development efforts specified in the plan are a key to ' generating the financial resources necessary to support both the Resource Allocation Plan and the Capital Improvement Plan. 1 Capital Improvement Plan This plan is primarily a planning document that establishes five-year funding priorities for capital improvements. This plan also includes a listing of all the other ' desired capital improvements that cannot, or need not, be funded within the five- year horizon and totaled $78.1 million. Five -Year Resource Allocation Plan This plan is primarily a planning document that provides a five-year horizon for ' forecasted operational needs of each department, as well as the City as a whole. This plan is a cyclical review of all operations expenditures to reassess funding mechanisms behind personnel responsibilities and the various service levels of all ' programs. j Annual Budget ' This document is the annual implementation tool for the overall planning process. The budget will encompass each element of the strategic planning effort and will implement: the goals of the Economic Development Plan; the resource and demand ' allocation outlined in the Five -Year Resource Allocation Plan; and the capital improvement investment for a given year. 1 v Relevant financial policies The State of California has mandated that the City of La Quinta, pursuant to State of California Revenue and Taxation Code Section 97.70, contribute $332,000 from the General Fund in FY 04/05 and a similar amount in FY 05/06 to meet the State budget crisis. Also, since FY 02/03 through FY 04/05, the La Quinta Redevelopment Agency has contributed $5 million to the State of California pursuant to State of California Health and Safety Code 33681.12 to meet its budget shortfalls. The La Quinta Redevelopment Agency contribution in FY 04/05 was $2.7 million and it is anticipated that an additional $3 million contribution will be made in FY 05/06. The $8.65 million of funds that either have or will be diverted to the State will not be available for uses within the City of La Quints. The City of La Quinta did receive $516,000 in August 2005 that had previously been withheld by AB 1457 from the State. This Vehicle License Fee Backfill Gap Loan shift has been recognized in the General Fund in FY 04/05, as it was measurable and available as of June 30, 2005 and it pertained to a prior accounting period. Mellor initiatives The City has been working with the Coachella Valley Association of Governments in acquiring right of way ($6 million) in the City of La Quinta to widen Jefferson Street between Highway 111 and Interstate 10 from two lanes to six lanes. The construction phase ($23 million) is now underway with improvements to include the construction of a six -lane bridge over the Whitewater Channel, which will provide an all-weather crossing. Last year, the low-water crossing at Jefferson Street and the Whitewater Channel was washed out several times from winter rains that hit the region. The La Quints Financing Authority issued $90 million in bonds ($65 million in new funds) to develop low and moderate income housing to meet State mandates. The La Quints Redevelopment Agency will be repaying the debt service from the bond issue with property tax increment funds. The Agency will be spending a considerable amount of effort to acquire sites and facilitate the development of these units in the upcoming years. The La Quinta Redevelopment Agency acquired a 525-acre parcel at Avenue 52 and Jefferson Street for the development of two golf courses, a clubhouse, and future hotel resort development. The first golf course was dedicated in January 2005 and the Agency is working with a developer in the planning stages for a future hotels) and the second golf course. vi ' Awards and Acknowledgements The Government Finance Officers Association (GFOA) awarded a Certificate of Achievement for Excellence in Financial 'Reporting to the City of La Quinta for its ' comprehensive annual financial report (CAFR) for the fiscal year ended June 30, 2004. This was the eighth consecutive year that the government has received this ' prestigious award. In order to be awarded a Certificate of Achievement, the government had to publish an easily readable and efficiently organized CAFR that satisfied both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. ' We believe that our current CAFR continues to meet the Certificate of Achievement Program's requirements and we are submitting it to the GFOA to determine its ' eligibility for another certificate. The preparation of this report would not have been possible without the efficient ' and dedicated service of the finance department staff. Credit also must be given to the Mayor and City Council for their support in maintaining the highest standards of professionalism in the management of the City of La Quinta's fi nances. ' Respectfully submitted, Thomas P. Genovese John M. Falconer City Manager Finance Director City of La Quinta Directory of Officials June 30, 2005 CITY COUNCIL Don Adolph, Mayor Stanley Sniff, Mayor Pro Tem Terry Henderson, Council Member Lee Osborne, Council Member Ronald Perkins, Council Member ADMINISTRATION ' Thomas P. Genovese, City Manager Mark Weiss, Assistant City Manager John M. Falconer, Finance Director Tom Hartung, Building & Safety Director Doug Evans, Community Development Director Kathy Jenson, City Attorney Dodie Horvitz, Community Services Director June Greek, City Clerk Tim Jonasson, Public Works Director/City Engineer L] I 1 o`o Wac i yo,m O M�2Ngcc E ttmU `N D ESwasaa o so 1 � i I a npU_@�D=$oE`6to—oRe2'-'E=fib b mN :gr„ EIM mnm UCU NDgo gFr9m ``oas�r3m mg Eo8� Eci$dme—u'�u��`y a°Ww� armmd m$ mm�Eg�9c��2d`Eg� oss U 1� U U U U O U a3 = 3 2 N m ;W E_ U _E me ( m Em$" w tH =o• umm �=ySi �' �'°dyy g� U po @mo i zcg COS <i N m 9 � C � U LLpm�NCNN� m o � Y p L qC IL rl y'6 N sa C �O r Emy gNCcgC r �V�mywyY C.y c�c mga�cmn.�a8q`i°�W`ma�5c�'a_cmm�m�� �$02 mm $m� IO aN"�Ub NIY m pm I_ cQ 55 W N Sol�9i12 _' oo ryry C C �q S =U 6 � U E E F F EC EC 4c cs cs .no S uNN o g o�N'�� ZUWU�?9 i'—@mU nnpa mmNbm�c`�U i EO E3@ in? KN��yU�o I z rc �. M r1` H! Z .wool) zi ts U N P Certificate of Achievement for Excellence in Financial i Reporting Presented to City of La Quinta, California ' For its Comprehensive Annual Financial Report ' for the Fiscal Year Ended June 30, 2004 ' A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement ' systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting ' and financial reporting. a President Are Executive Director xi (This page intentionally left blank) xii CONRAD AIND CERTIFIED PUBLIC ACCOUNTANTS ASSOCIATES L.L.P. 7 E 200 2301 DUPONT CALIFORNIA IRVINE, CALIFORNIA 92612 2612 ' (949) 474-2020 Fax (949) 263-5520 ' The Honorable Mayor and City Council City of La Quinta La Quinta, California Independent Auditors' Report ' We have audited the accompanying financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the ' City of La Quinta, California as of and for the year ended June 30, 2005, which collectively comprise of the City's basic financial statements, as listed in the accompanying table of contents. These financial statements are the responsibility of the management of the City of La Quinta, California. Our responsibility is to express an opinion on these financial statements based on our ' audit. We conducted our audit in accordance with auditing standards generally accepted in the United ' States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that ' our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, ' the respective financial position of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of La Quinta, California, as of June 30, 2005, and the respective changes in financial position and cash flows, where applicable, of the City of La Quinta, California and the respective budgetary comparison information for the general fund and major special revenue funds of the City for the year then ended in conformity with accounting principles generally accepted in the United States of America. The information identified in the accompanying table of contents as management's discussion and analysis and required supplementary information are not a required part of the basic ' financial statements but are supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the supplementary information. However, we did not audit the information ' and express no opinion on it. MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION The Honorable Mayor and City Council City of La Quinta La Quinta, California Our audit was conducted for the purpose of forming an opinion on the financial statements that collectively comprise the City of La Quinta's basic financial statements. The introductory section combining and individual nonmajor fund financial statements and statistical schedules listed in the table of contents are presented for purposes of additional analysis and are not a required part of the basic financial statements. The combining and individual nonmajor fund financial statements have been subjected to the auditing procedures applied in the audit of the basic financial statements, and in our opinion, are fairly stated in all material respects in relation to the basic financial statements taken as a whole. The introductory section and statistical tables have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we express no opinion on them. In accordance with Government Auditing Standards, we have also issued a report dated August 18, 2005 on our consideration of the City's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts, grant agreements, and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. August 18, 2005 ' Management's Discussion and Analysis ' As management of the City of La Quinta, we offer readers of the City of La Quinta's financial statements this narrative, overview and analysis of the financial activities for the fiscal year ended June 30, 2005. We encourage readers to ' consider the information presented here in conjunction with additional information that we have furnished in our letter of transmittal, which can be found in an earlier section of this report. All amounts, unless otherwise indicated, are rounded to the nearest thousands of dollars. Financial Highlights ' • The assets of the City of La Quinta exceeded its liabilities at the close of the most recent fiscal year by $377,818,000 (net assets). Of this amount, ' $60,284,000 (unrestricted net assets) may be used to meet the government's ongoing obligations to citizens and creditors. ' • The government's total net assets increased by $38,387,000. $41,832,000 of this increase is attributable to the new Business -type Activity — SilverRock Golf ' Course. • As of the close of the current fiscal year, the City of La Quinta's governmental ' funds reported combined ending fund balances of $177,542,000, a decrease of $2,427,000 in comparison with the prior year. Approximately 8 percent of this total amount, $14,643,000, is available for spending at the government's ' discretion (unreserved, undesignated fund balance). ' • At the end of the current fiscal year, the operations/projects/transfers designations comprised $10,699,419 or 42 percent of total general fund budgeted expenditures. • The City of La Quinta's total debt decreased by $2,801,000 during the current ' fiscal year from $254,321,000 to $251,520,000 through normally scheduled debt service payments. Overview of the Financial Statements ■ This discussion and analysis is intended to serve as an introduction to the City of La Quinta's basic financial statements. The City of La Quinta's basic financial ' statements comprise three components: 1) government -wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report ' also contains other supplementary information in addition to the basic financial statements themselves. 1 3 Government -wide financial statements The government -wide financial statements.are designed to provide readers with a broad overview of the City of La Quinta's finances, in a manner similar to a private - sector business. The statement of net assets presents information on all of the City of La Quinta's assets and liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the City of La Quints is improving or deteriorating. The statement of activities presents information showing how the government's net assets changed during the most recent fiscal year. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g., earned but unused vacation leave). Both of the government -wide financial statements distinguish functions of the City of La Quints that are principally supported by taxes and intergovern- mental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business -type activities). The governmental activities of the City of La Quinta include general government, public safety, community services, community development and public works. The business -type activities of the City of La Quints include the SilverRock Golf course operations. The government -wide financial statements include not only the City of La Quints itself (known as the primary government), but also the La Quinta Redevelopment Agency and the La Quints Financing Authority. Although, legally separate entities, function for all practical purposes as departments of the City of La Quints, and therefore has been included as an integral part of the primary government. The government -wide financial statements can be found in the table of contents under the Financial Section this report. Fund financial statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City of La Quints, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. All of the funds of the City of La Quints can be divided into three categories: governmental funds, proprietary funds, and fiduciary funds. 9 ' Governmental funds Governmental funds are used to account for essentially the same functions ' reported as governmental activities in the government -wide financial state- ments. However, unlike the government -wide financial statements, ' governmental fund financial statements focus on near -term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in ' evaluating a government's near -term financing requirements. Because the focus of governmental funds is narrower than that of the govern- ment -wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government -wide financial statements. By doing ' so, readers may better understand the long-term impact of the government's near -term financing decisions. Both the governmental fund balance sheet and ' the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. ' The City of La Quinta maintains thirty five (35) individual governmental funds, which are distinguished between major and non -major funds. Information is ' presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund balances for the general fund, three (3) debt service funds and three (3) capital ' project funds. These seven (7) funds are considered to be major funds. Data from the other twenty eight (28) governmental funds are combined into a sin- gle, aggregated presentation. Individual fund data for each of these non -major ' governmental funds is provided in the form of combining statements elsewhere in this report. The City of La Quinta adopts an annual appropriated budget for its general fund. A budgetary comparison statement has been provided for the general fund to demonstrate compliance with this budget. The basic governmental fund financial statements can be found in the table of contents under the heading Basic Financial Statements. Proprietary funds Proprietary funds can be broken down into enterprise and internal service ' funds. The City of La Quinta maintains one (1) proprietary fund. Enterprise funds are used to report the same functions presented as business -type activities in the government -wide financial statements. The City of La Quinta uses an enterprise fund to account for its SilverRock Golf Course operations, which is considered to be a major fund. Internal service funds are an accounting device used to accumulate and allocate costs internally among the City of La Quinta's various functions. The City of La Quinta has three (3) internal service funds to account for its major equipment replacement including vehicles, for its information technology systems, and for its park equipment and facility needs. Because these three services predominantly benefit governmental rather than business -type functions, they have been included within governmental activities in the government -wide financial statements. The internal service funds are combined into a single, aggregated presentation in the proprietary fund financial statements. Individual fund data for the internal service funds is provided in the form of combining statements elsewhere in this report The basic proprietary fund financial statements can be found on the pages listed in the table of contents for Proprietary Funds: Statement of Net Assets, Statement of Revenues, Expenditures and Changes in Net Assets, *and Statement of Cash Flows. Fiduciary funds Fiduciary funds, also called agency funds, are used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not reflected in the government -wide financial statement because the resources of those funds are not available to support the City of La Quinta's own programs. The accounting used for fiduciary funds is much like that used for proprietary funds. The basic fiduciary fund financial statements can be found on the pages listed in the table of contents for Fiduciary Funds: Statement of Fiduciary Assets and Liabilities — Agency Funds. Notes to the financial statements The notes provide additional information that is essential to a full understanding of the data provided in the government -wide and fund financial statements: The notes to the financial statements can be found on the pages listed in the table of contents for Notes to the Basic Financial Statements. Other information In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the City of La Quinta's General Fund and its budget appropriations. Required supplementary information can be found in the table of contents under the section Required Supplemental Information and includes Notes to the Required Supplementary Information and a General Fund Budgetary Comparison Schedule. The combining statements referred to earlier in connection with non -major govern- mental funds, internal service funds, and agency funds are presented immediately following the required supplementary. Combining and individual fund statements and schedules can be found in the table of contents under Supplementary Schedules. 2 ' Government -wide financial analysis As noted earlier, net assets may serve over time as a useful indicator of a govern- ment's financial position. In the case of the City of La Quinta, assets exceeded liabilities by $377,818,000 at the close of the most recent fiscal year, which is $39,173,000 greater than the previous year. ' The largest portion of the City of La Quinta's net assets (50 percent versus 74 percent in the prior year) reflects its investment in capital assets (e.g., land, buildings; machinery, and equipment); less any related debt used to acquire those assets that is still outstanding. The City of La Quinta uses these capital assets to provide services to citizens; consequently, these assets are not available for future ' spending. Although the City of La Quinta's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. City of La Quinta Net Assets Governmental activities Business -type activities Total 2005 2004 2005 2004 2005 2004 ' Current and other assets $ 204,173,979 $ 206,488,111 $ (270,691) $ - S 203,903,288 $ 206,488,111 Capital assets 397,555,192 398,685,644 42,102,263 439,657,455 398,685,644 Total assets 601,729,171 605,173,755 41,831,572 - 643,560,743 605,173,755 ' Current liabilities 13,866,654 12,208,061 355,967 - 14,222,621 12,208,061 Non -current liabilities 250,718,460 254,320,900 801,417 251,519,877 254,320,900 Total liabilities 264,585,114 266,528,961 1,157,384 - 265,742,498 266,528,961 Net assets: Invested in capital assets, ' net of related debt 147,385,759 249,059,500 41,300,846 188,686,605 249,059,500 Restricted 129,397,065 44,415,966 129,397,065 44,415,966 Unrestricted 60,361,233 45,169,328 (626,658) - 59,734,575 45,169,328 ' Total net assets $ 337,144,057 $ 338,644,794 $ 40,674,188 S - $ 377,818,245 $ 338,644,794 An additional portion of the City of La Quinta's net assets (34 percent versus 13 ' percent in the prior year) represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net ' assets - $59,735,000 (16 percent versus 13 in the prior year) may be used to meet the government's ongoing obligations to citizens and creditors. At the end of the current fiscal year, the City of La Quinta is able to report positive ' balances in all three categories of net assets, both for the government as a whole, as well as for its separate governmental activities; however, the business type unrestricted net assets had a deficit of $627,000. ' There was an increase of $41,301,000 in the investment in capital assets (e.g., land, buildings; machinery, and equipment), less any related debt used to acquire those assets that is still outstanding in restricted net assets reported in connection 1 tmnsfers with the City of La Quints's business -type activities. This increase was a result of recording the assets of the SilverRock Golf Course in the fiscal year. Governmental activities Governmental activities decreased net assets by $1,500,737 accounting for less than a 1 percent change in the net assets from the previous year. Key elements of these changes are as follows: City of La Quinta Changes in Net Assets Govemmental activities 11"Iness-type DGWItles Total • Revenues increased by $19,633,000 with the two largest category increases in capital grants and contributions ($6,501,280) and gain on sale of capital assets ($3,717,470). Capital grants and contributions increases were a result of increased developer impact fee collections, Quimby fee collections and interest income generated from unspent bond capital proceeds. The gain on the sale of property stemmed from Redevelopment Agency property sold at Miles Avenue and Washington Street and Avenue 48 and Adams Street for more than was paid. Both of these properties had been purchased in 1995. • Expenditures increased by $4,173,000 with the two largest category increases in interest on long-term debt ($5,606,000) and Public Works ($3,098,000). The increase in debt service costs is a result of the $90 million Financing Authority bond issue debt service payments, which began in the fiscal year. The increase in the Public Works costs is a result of a large slurry seal program expenditure in the fiscal year and increasing lighting/park maintenance costs. D 1 1 1 1 1 • A transfer out of $41,460,000 in assets from the governmental activities to the business -type activities which consist of land and improvements for the SilverRock Golf course. Expenses and Program Revenues - Government Activities 0 Expenses 20,000.000 a Program revenues 18,000,000 16,000,000 15,265,051 14,000.000 12.000.000 10,000,000 9,101, 2 8,512,875 8,000,000 6,000,000 5,752,239 4, Fl9,069 4,000,000 3,595.908 3,030,130 99,396 2,000,000 1,157,1 1 4 5,683 General Public safety Community Planning and Public corks Interest expense government services development Expenses and Program Revenues-Butinesstype Activities o B&penses 2000OW 0 Programrevenues 1,800,000 1,600,000 1,400,000 1200,000 1,091,836 1,000,000 800,000 600,000 400,000 200,000 GoM Business -type activities This was the first year for the SilverRock Golf fund since the golf course began early operation in 2005. Net assets increased to $40,674,000 from the transfer of assets from the governmental activities of $41,460,000 and an operating loss of $(785,000). W Charges for services primarily consisted of green fees and totaled $1,092,000 with golf course expenses of $1,877,000. Financial Analysis of the Government's Funds As noted earlier, the City of La Quinta uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. Governmental funds - The focus of the City of La Quinta's governmental funds is to provide information on near -term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City of La Quinta's financing requirements. In particular, unreserved fund balance may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year. As of the end of the current fiscal year, the City of La Quinta's governmental funds reported combined ending fund balances of $177,542,000, a decrease of $2,427,000 in comparison with the prior year. Approximately 26 percent of this total amount ($45,377,000) constitutes unreserved, which is available for spending at the government's discretion. The remainder of fund balance ($132,165,000) is reserved or designated to indicate that it is not available for new spending because it has already been committed 11 to pay debt service ($4,602,000), 2) to pay for bond -related capital improvement projects ($85,970,000), 3) to advance funds to other funds ($38,966,000), or .4) for a variety of other restricted purposes ($2,627,000). General Fund The general fund is the chief operating fund of the City of La Quinta. At the end of the current fiscal year, unreserved fund balance of the general fund was $31,514,000, while total fund balance reached $63,927,000. As a measure of the general fund's liquidity, it may be useful to compare the fund balance total budgeted expenditures (including transfers out). The total fund balance represents 217 percent of the total budgeted expenditures. The City of La Quinta's general fund balance increased by $9,222,000 during the current fiscal year. Key factors in this growth are as follows: • An increase of $4,011,000 in taxes over the final budget, of which $1,367,000 was in sales taxes 0 percent of the 7.75 percent collected going to the City), and $853,000 was in document transfer taxes, signifying the new building and strong resale market occurring in the City. • An increase of $1,929,000 in charges for services over the final budget, which represents increased development and building activity in the Public Works, Community Development and Building and Safety departments. 10 ' e An increase of $2,255,000 in licenses and permits over the final budget, which represents increased development and building activity in the Building and Safety department. ee An increase of $1,156,000 in intergovernmental revenue over the final budget, which represents increased motor vehicle fees of $998,000 and fire service credit revenues of $117,000. In FY 04/05, the State of California changed the methodology of allocating vehicle fees from primarily a per capita basis to a property 1 tax basis. Therefore, instead of the City receiving a monthly remittance of the vehicle fees from the State, it now receives a payment in January and a payment in May from the County of Riverside. Redevelopment Agency Project Area 2 Debt Service Fund The Redevelopment Agency Project Area 2 Debt Service Fund is used to accumulate resources, primarily property taxes, to pay debt service. The fund balance increased by $3,865,000 during the current fiscal year. The key factor in this growth was the sale of property at Washington Street and Miles Avenue that generated $3,147,000 for the fund. Redevelopment Agency Project Area 1 Capital Project Fund ® The Redevelopment Agency Project Area 1 Capital Project Fund is used to account for bond proceeds and other funding that is used for the development, planning, econstruction and land acquisition in the project area. The fund balance decreased by $16,962,000 during the current fiscal year. The key factor in this decrease was the funding of $16,314,000 for the SilverRock project and $854,000 for the Eisenhower Drive Rehabilitation and Median Island project. Proprietary funds The City of La Quinta's proprietary funds provide the same type of information found in the government -wide financial statements, but in more detail. ' The financial activities of the City enterprise fund have already been addressed in the discussion of the City of La Quinta's business -type activities. In addition, the City has three (3) internal service funds to accumulate resources for equipment and vehicle replacement, information technology activities, and for park equipment and facility replacement. ' General Fund Budgetary Highlights ' During the year there was a $2,561,000 increase in appropriations between the original ($22,915,000) and final amended budget ($25,610,000). Following are the main components of the increase: 11 e $519,000 supplemental appropriation to the building and safety division for additional building plan check and inspection services; e $975,000 supplemental appropriation to the street maintenance division for slurry seal road improvements; • $466,000 supplemental appropriation to the lighting and landscape division for additional lighting and landscape maintenance costs. The increase was possible because of additional anticipated revenues. Capital Asset and Debt Administration Capital assets The ,City of La Quinta's investment in capital assets for its governmental and business -type activities as of June 30, 2005, amounts to $439,657,000 (net of accumulated depreciation). This investment in capital- assets includes land, right of, way, buildings and improvements, machinery and equipment, streets and bridges, and construction in progress. The investment in capital assets slightly decrease this fiscal year from the sale of properties and from depreciation expenses exceeding new purchases. The following chart lists the asset categories for governmental and business like activities net of depreciation. City of La Quinta Capital Assets (net of depreciation) Governmental Business -type Major capital asset events during the current fiscal year included the following: Governmental activities e Recording the land, building, and equipment for the north fire station, which totaled $3,635,000; • Recording the land, park buildings and equipment in the park equipment and facility internal service fund, which totaled $14,216,000; 12 • Recording infrastructure improvements, including developer dedications of $5,796,000, to street improvements, street right of way, street sidewalks and ' curbs and gutters, and street median, which totaled $14,601,000; • Recording the land and acquisition costs for the Vista Dunes Mobile Home Park, ' which totaled $4,486,000; • Recording the sale of land in the Redevelopment Agency, which had a cost basis of $4,742,000; and, ' • Recording the transfer of assets, which was primarily land from the Redevelopment Agency to the SilverRock Golf Enterprise Fund had a cost basis of $17,156,000. Business -type activities ' • Recording the land, temporary clubhouse, maintenance building, and golf course for the first golf course at SilverRock Resort, which totaled $ 42,102,000. ' Additional information on the City of La Quinta's capital assets can be found in Footnote 5 to the financial statements. tLong-term debt At the end of the current fiscal year, the City of La Quinta had total bonded debt ' outstanding of $250,718,000. $155,395,000 of this debt amount represents bonds secured solely by specified revenue sources (i.e., tax allocation bonds); while, ' $94,522,000 of the debt represents revenue bonds that will be paid from pledged tax increment property tax housing funds. In addition, $801,000 in capital equipment leases are outstanding in connection with SilverRock Golf Course. City of La Quinta Outstanding Debt 1 Governmental Business -type The City of La Quinta's total debt decreased by $2,801,000 during the current fiscal year. Additional information on the City of La Quinta's long-term debt can be found in notes 6 through 13 of the financial statements. 13 Economic Factors and Next Year's Budgets and Rates These factors were considered in preparing the City of La Quinta's budget for the 2006 fiscal year: • The City of La Quinta had a 2.7 percent unemployment rate. This rate is significantly lower than the Riverside County unemployment rate of 5.5 percent and the statewide unemployment rate of 5.4 percent. • During the last ten years, the City of La Quinta has been in a growth phase with net assessed values increasing from $2.06 billion in FY 95/96 to $6.34 billion or over 300 percent. • During the current fiscal year, the general fund net income was $9,222,000. $1,070,000 of this amount has been designated to the general fund for carry over appropriations and encumbrances. The City of La Quinta adopted a balanced general fund budget for FY 05/06. Requests for Information This financial report is designed to provide a general overview of the City of La Quinta's finances for all those with an interest in the government's finances. Questions concerning any of the information provided in this report or requests for additional financial information should be addressed to the City of La Quinta, John Falconer, Finance Director, P.O. Box 1504, La Quints, CA, 92247. 14 I 1 1 1 1 ' BASIC FINANCIAL STATEMENTS 15 (This page intentionally left blank) 16 F 1 Assets: Cash and investments (note 2) Cash and investments with fiscal agent (note 2) Accounts receivable Taxes receivable Prepaid items Interest receivable Notes receivable (note 4) Internal balances Due from other governments Deposits Inventory Capital assets (note 5): Land Right of way Construction in progress Other capital assets, net Total assets Liabilities: Accounts payable Accrued salaries and benefits Interest payable Deferred revenue Deposits payable Retentions payable Due to other govermnents Noncurrent liabilities (notes 6 to 13) Due within one year Due in more than one year Total liabilities Net assets: Invested in capital assets, net of related debt Restricted for: CITY OF LA QUINTA Statement of Net Assets June 30,2005 Governmental Business -type Activities Activities $ 97,186,820 85,975,369 191,200 787,752 557,017 669,889 127858,098 697,598 5,259,127 1,110 57,727,433 246,299,394 27,794,113 65,734,252 601,729,171 44,697 (697,598) 250,000 122,210 Totals 2005 2004 97,186,820 89,936,019 85,975,369 235,897 787,752 557,017 669,888 12,959,099 5,259,127 251,110 122,210 34,977,525 92,704,958 - 246,299,394 - 27,794,113 7,124,738 72,858,990 41,931,572 643,560,743 95,474,813 515,984 353,361 292,816 415,681 12,741,527 6,511,052 246,858 73,505,659 234,280,023 27,932,823 62,967,139 605,173,755 3,965,041 316,980 4,282,021 5,393,144 441,243 3,187 444,430 376,210 4,381,316 - 4,381,116 3,423,766 - 10,800 10,800 - 2,915,411 25,000 2,940,411 2,125,238 2,158,731 - 2,158,731 726,299 4,912 - 4,912 163,404 4,950,050 153,673 5,103,723 5,016,762 245,768,410 647,744 246,416,154 249,304,138 264,585,114 1,157,384 265,742,498 266,528,961 274,641,045 41,300,846 315,941,891 249,059,500 ' Public safety 2,845,076 2,845,076 8,413 Conununity services 58,963,246 58,963,246 58,393,632 Planning and development 29,050,880 29,050,880 17,408,711 Public works 38,537,862 38,537,862 26,262,192 Unrestricted (66,894,052) (626,658) (67,520,710) (12,487,654) Total net assets S 337,144,057 40,674,188 377,818,245 338,644,794 ' See accompanying notes to the basic financial statements. ' 17 CITY OF LA QUINTA Statement of Activities Year ended June 30, 2005 Program Revenues Operating Capital Charges for Contributions Contributions Expenses Services and Grants and Chants Governmental activities: General government $ 3,595,906 445,663 Public safety 8,512,875 4,438,115 280,954 - Community services 1,157,141 252,501 818,951 1,958,678 Planning and development 5,752,239 754,938 - 1,244,458 Public works 9,101,582 2,815,703 835,673 15,388,287 Interest expense 15,265,051 - - Total governmental activities 43,384,794 8,706,920 1,935,578 18,591,423 Business -type activities: Golf course 1,877,291 1,091,836 - - Total $ 45,262,085 9,798,756 1,935,578 18,591,423 General revenues: Taxes: Property taxes Tax increment Sales taxes Transient occupancy taxes Franchise taxes Other taxes Investment income Motor vehicle in lieu Gain on sale of capital assets Miscellaneous revenues Transfers Total general revenues and transfers Change in net assets Net assets at beginning of year Net assets at end of year See accompanying notes to the basic financial statements. 18 Net (Expense) Revenue and Changes in Net Assets Governmental Business -type Activities Activities (3,150,243) (3,791,806) 1,872,989 (3,752,943) 9,938,081 (15,265,051) (14,150,873) Totals 2005 2004 (3,150,243) (3,982,402) (3,793,806) (6,131,980) 1,872,999 193,220 (3,752,843) (6,743,750) 9,938,081 8,072,712 (15,265,051) (9,658,779) (14,150,873) (18,250,959) (785,455) (785,455) (14,150,873) (785,455) (14,936,328) (18,250,959) 2,5793245 - 2,579,245 2,198,141 24,443,112 - 24,443,112 24,450,337 6,773,566 - 6,773,566 5,240,037 4,831,338 - 4,931,338 4,261,767 1,185,087 - 1,185,087 895,910 1,392,795 - 1,392,795 867,058 4,336,050 - 4,336,050 1,738,505 2,453,642 - 2,453,642 1,608,151 31717,470 - 3,717,470 - 2,397,474 - 2,397,474 1,489,612 (41,459,643) 41,459,643 - - 12,650,136 41,459,643 54,109,779 42,749,418 (1,500,737) 40,674,188 39,173,451 24,498,459 338,644,794 - 338,644,794 314,146,335 $ 337,144,057 40,674,188 377,818,245 338,644,794 WE CITY OF LA QUINTA Governmental Funds - Balance Sheet June 30, 2005 Debt Service Funds Redevelopment Redevelopment Agency - Agency - Financing General PA No. 1 PA No. 2 Authority Assets Cash and investments $ 30,317,219 17,912,730 10,328,387 5,048 Cash with fiscal agent - 100 - 62 Accounts receivable 47,551 - - Taxes receivable 787,752 Prepaid items 507,931 - - Interest receivable 302,562 81,147 57,230 - Notes receivable (note 4) - - - 90,000,000 Due from other funds (note 19) 3,894,522 - - - Due from other governments 4,464,974 338,499 171,204 Advances to other funds (note 19) 31,904,659 - - Deposits - Total assets $ 72227,170 18,332,476 10,556,821 90,005,110 Liabilities and Fund Balances Liabilities: Accounts payable $ 2,196,815 3,395 855 1,750 Accrued salaries and benefits 437,219 - - - Deferred revenue 2,924,223 90,000,000 Deposits payable 2,737,034 - Retentions payable - Due to other governments 4,912 Due to other funds (note 19) - - - Advances from other funds (note 19) - 13,727,340 17,795,380 Total liabilities 8,300,203 13,730,735 17,796,235 90,001,750 Fund Balances: Fund balances (deficits) (note 22): Reserved for: Debt service 4,601,741 Bond projects - - Prepaid items 507,931 Notes receivable - Advances to other funds 31,904,659 Deposits - Unreserved, reported in (note 25): General fund 31,514,377 Special revenue funds - - Debt service funds (7,239,414) 3,360 Capital projects funds - - - Total fund balances 63,926,967 4,601,741 (7,239,414) 3,360 Total liabilities and fund balances $ 72,227,170 18,332,476 10,556,821 90,005,110 See accompanying notes to the basic financial statements 20 Capital Projects Funds Redevelopment Other ' Capital Agency - 2004, Governmental Totals Improvement PA No. 1 Low/Mod Bond Funds 2005 2004 ' 3,797,838 - 31,398,993 93,760,215 86,851,627 27,809,770 58,160,341 5,096 85,975,369 95,474,813 - 143,649 191,200 515,984 - 787,752 353,361 507,931 292,816 19 55,935 155,101 651,994 404,038 - 12,858,098 102,858,098 102,741,527 ' 3,894,522 2,783,283 77 104,8,573 179 5,259,127 6,507,120 - 5,938,879 1,122,148 38,965,686 34,007,241 1,110 1,110 246,858 ' 3,902,715 33,748,668 58,216,276 45,863,768 332,853,004 330,178,668 1 1,598,072 33,872 - 109,296 3,944,055 5,364,260 - _ - 437,219 376,210 ' 34 14,0 10,740,225 103,678,482 104,664,043 131,878 - 46,499 2,915,411 2,125,238 2,158,731 - 2,158,731 726,299 ' _ 4,912 163,404 3,273,200 121,575 194,088 3,588,863 2,783,283 - - 7,061,027 38,583,747 34,007,241 ' 3,902,715 3,307,072 121,575 18,151,135 155,311,420 150,209,978 I 4,601,741 4,088,071 27,809,770 58,160,341 85,970,111 86,929,041 - - 507,931 292,816 ' 2,117,873 2,117,873 2,123,425 5,938,879 1,122,148 38,965,686 34,006,546 ' - 1,110 1,110 246,858 - 31,514,377 25,494,479 19,267,394 19,267,394 9,286,459 (7,236,054) (11,099,245) (3,307,053) (65,640) 5,204,108 1,831,415 28,600,240 30,441,596 58,094,701 27,712,633 177,541,584 179,968,690 ' 3,902,715 33,748,668 58,216,276 45,863,768 332,853,004 330,178,668 ' 21 (This page intentionally left blank) 22 ' CITY OF LA QUINTA Governmental Funds ' Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets ' June 30, 2005 Fund balances of governmental funds $ 177,541,584 ' Amounts reported for governmental activities in the statement of net assets are different because: Capital assets, net of depreciation, have not been included as financial resources in governmental fund activity. Infrastructure 99,260,125 Other capital assets 347,785,970 Accumulated depreciation (64,714,848) Long term debt and compensated absences that have not been included in the governmental fund activity: Bonds payable (241,015,717) ' Compensated absences (549,028) Other long-term liabilities (9,153,715) ' Accrued interest payable for the current portion of interest due on ' bonds payable has not been reported in the governmental funds. (4,381,316) Revenues that are measurable but not available. Amounts are recorded ' as deferred revenue under the modified accrual basis of accounting. 13,678,482 Internal service funds are used by management to charge the costs of ' certain activities, such as equipment management, to individual funds. The assets and liabilities of the internal service funds must be added ' to the statement of net assets 18,692,520 Net assets of governmental activities $ 337,144,057 ' See accompanying notes to the basic financial statements. 23 CITY OF LA QUINTA Governmental Funds - Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30, 2005 Revenues: Taxes Licenses and permits Charges for services Developer fees Intergovernmental Investment income Special assessments Rental income Loan repayments Miscellaneous Total revenues Expenditures: Current: General government Public safety Community services Planning and development Public works Capital projects Debt service: Principal Interest and fiscal charges Payment to bond escrow Payments under pass -through obligations Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Issuance of tax allocation bonds Issuance of revenue bonds Bond premium and discount Payment to bond escrow Transfers in (note 21) Transfers out (note 21) Proceeds from sale of capital assets Total other financing sources (uses) Net change in fund balances Fund balances (deficit) at beginning of year Fund balances (deficit) at end of year Debt Service Funds Redevelopment Redevelopment Agency - Agency - Financing General PA No. 1 PA No. 2 Authority $ 16,762,028 27,093,693 14,036,962 3,226,167 - - 3,402,602 7,552,035 - - 3,238,808 255,628 174,272 58 _ 681,220 513,030 - - 3,481 34,694,670 27,349,321 14,211,234 684,759 3,765,511 12,364,583 1,104,509 - - - 862,890 365,810 180,374 5,231 4,794,685 - - - 22,892,178 11,802,492 306,711 (2,887,472) (2,580,761) 9,221,731 54,705,236 $ 63,926,967 3,121,114 8,967,948 14,421,097 26,875,969 195,000 1,782,844 11,335,224 13,493,442 473,352 717,792 2,478,347 (2,438,029) 40,318 513,670 4,088,071 4,601,741 See accompanying notes to the basic financial statements. 24 4,142,039 (994,948) 3,147,091 3,864,883 (11,104,297) 7,239,414 315,000 3,356,269 3,676,500 (2,991,741) 2,990,049 (1,692) 5,052 3,360 Capital Projects Funds Redevelopment Other Capital Agency - 2004 Governmental Totals ' Improvement PA No.1 Low/Mod Bond Funds 2005 2004 - 10,282,664 68,175,347 58,301,082 1 3,226,167 3,096,145 - 3,402,602 2,619,578 _ 6,091,156 6,091,156 5,718,073 921,527 1,769,314 10,242,876 11,858,627 767,036 1,191,332 588,157 6,215,291 3,735,984 _ - 825,292 825,292 816,045 520,243 1,201,463 1,118,744 ' 2,381,602 2,381,602 612,820 12,392 528,903 746,719 921,527 767,036 1,191,332 22,470,820 102,290,699 88,623,817 _ _ - 205,410 3,970,921 4,099,376 ' 12,364,583 9,672,708 _ _ - 1,104,509 1,025,397 558,792 - 3,746,276 5,719,373 7,480,421 ' = 1,412,084 6,206,769 4,536,589 39,559,080 453,307 40,012,387 43,331,919 162,546 - - - 3,793,660 3,610,538 ' 85,908 162,608 14,355,577 12,455,325 - _ _ _ - 1,591,107 ' _ _ _ 25,756,321 21,448,147 39,807,534 558,792 - 5,979,685 113,284,100 109,251,527 ' (38,886,007) 208,244 1,191,332 16,491,135 (10,993,401) (20,627,710) _ - 26,400,000 _ 90,000,000 (1,506,396) - _ - - (19,955,000) ' 38,886,0928 07 442, 2,000 49,248,081 154,613,662 - (17,612,949) (753,613) (24,561,070) (49,248,081) (154,613,662) 8,566,295 8,566,295 - ' 38,886,007 (17,170,021) (753,613) (15,992,775) 8,566,295 94,938,604 (16,961,777) 437,719 498,360 (2,427,106) 74,310,894 ' 47,403,373 57,656,982 27,214,273 179,968,690 105,657,796 30,441,596 58,094,701 27,712,633 177,541,584 179,968,690 ' 25 CITY OF LA QUINTA Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities Year ended June 30, 2005 Net changes in fund balances - total governmental funds Amounts reported for governmental activities in the statement of activities is different because: Governmental funds report capital outlay as expenditures. However, in the statement of activities, the cost of those assets is allocated over their estimated useful lives as depreciation expense. Capital outlay Capital assets donated to other funds Depreciation Repayment of bond principal is an expenditure in the governmental funds, but the repayment reduces long-term liabilities in the statement of net assets. The statement of net assets includes accrued interest on long term debt. To record as an expense the net change in compensated absences in the statement of activities. Revenues that are measurable but not available. Amounts are not recorded as revenue under the modified accrual basis of accounting. $ (2,427,106) 42,468,847 (41,459,643) (1,823,057) 3,793,660 (957,550) (17,475) (985,561) Internal service funds are used by management to charge the costs of certain activities, such as equipment management, to individual funds. The net revenues (expenses) of the internal service funds is reported with governmental activities. (92,852) Change in net assets of governmental activities $ (1,500,737) See accompanying notes to the basic financial statements. 26 CITY OF LA QUINTA Proprietary Funds Statement of Net Assets June 30, 2005 Business Type Governmental ' Actvities Activities - Enterprise Fund Internal Totals Golf Course Service Funds 2005 2004 ' Assets Current assets: ' Cash and investments $ - 3,426,605 3,426,605 3,084,392 Accounts receivable 44,697 - 44,697 - Prepaid items - 49,086 49,086 - ' Interest receivable 17,894 17,894 11,643 Due from other governments - - - 3,932 Noncurrent assets: Deposits 250,000 250,000 Inventory 122,210 - 122,210 - ' Capital assets, net 42,102,263 15,223,945 57,326,208 1,111,924 Total assets 42,519,170 18,717,530 61,236,700 4,211,891 ' Liabilities Current liabilities: ' Accounts payable 316,980 20,986 337,966 28,884 Accrued salaries and benefits 3,187 4,024 7,211 - Deferred revenue 10,800 - 10,800 - ' Deposits payable 25,000 25,000 Due to other funds (note 19) 305,659 - 305,659 - Advances from other funds (note 19) 381,939 - 381,939 - Noncurrent liabilities: Due within one year 153,673 - 153,673 - ' Due in more than one year 647,744 - 647,744 Total liabilities 1,844,982 25,010 1,869,992 28,884 ' Net Assets ' Invested in capital assets, net of related debt 41,300,846 15,223,945 56,524,791 1,111,924 Unrestricted (626,658) 3,468,575 2,841,917 3,071,083 ' Total net assets $ 40,674,188 18,692,520 59,366,708 4,183,007 ' See accompanying notes to the basic financial statements. 27 CITY OF LA QUINTA Proprietary Funds Statement of Revenues, Expenses and Changes in Net Assets Year ended June 30, 2005 Business Type Governmental Actvities Activities - Enterprise Fund Internal Totals Golf Course Service Funds 2005 2004 Operating revenues: Charges for services $ 1,091,836 981,180 2,073,016 694,960 Total operating revenues 1,091,836 981,180 2,073,016 694,960 Operating expenses: Salaries and benefits 22,679 71,734 94,413 51,862 Fuel and oil - 42,473 42,473 33,390 Maintenance and parts - 116,565 116,565 138,406 Contract services 1,637,376 109,956 1,747,332 124,037 Software and supplies - 89,564 89,564 120,098 Depreciation 210,677 624,570 835,247 305,834 Other operating expenses 6,559 93,993 100,552 - Total operating expenses 1,877,291 1,148,855 3,026,146 773,627 Operating income (loss) (785,455) (167,675) 953,130 78,667 Non -operating revenues (expenses): Investment income 66,322 66,322 58,469 Gain (loss) on sale of capital assets 8,501 8,501 - Total non -operating revenues (expenses) 74,823 74,823 58,469 Income (loss) before transfers and capital contributions (785,455) (92,852) (878,307) (20,198) Capital contributions 41,459,643 14,602,365 56,062,008 346,750 Changes in net assets 40,674,188 14,509,513 55,183,701 326,552 Net assets at beginning of year - 4,183,007 4,183,007 3,856,455 Net assets at end of year $ 40,674,188 18,692,520 59,366,708 4,183,007 See accompanying notes to the basic financial statements. 28 ' CITY OF LA QUINTA Proprietary Funds Statement of Cash Flows Year ended June 30, 2005 Cash flows from operating activities: Cash received other customers Cash payments to suppliers for goods and services Cash payments to employees for services Net cash provided by (used for) operating activities Cash flows from noncapital financing activities: Cash received (paid) on loans to other funds Net cash provided by (used for) non -capital financing activities Cash flows from capital and related activities: Insurance proceeds Cash received from the sale of capital assets Cash paid to acquire capital assets Proceeds from capital leases Net cash provided by (used for) capital and related activities Cash flows from investing activities: Interest received on investments Net cash provided by (used for) investing activities Net increase (decrease) in cash and cash equivalents Cash and cash equivalents at beginning of year Cash and cash equivalents at end of year Reconciliation of operating income to net cash provided by operating activities: Operating income (loss) Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation Adjustments: (Increase) decrease in accounts receivable (Increase) decrease in deposits receivable (Increase) decrease in due from other governments (Increase) decrease in prepaid items (Increase) decrease in inventory (Increase) decrease in other assets Increase (decrease)in accounts payable Increase (decrease) in accrued salaries and benefits Increase (decrease)in deferred revenue Increase (decrease)in deposits payable Net cash provided by (used for) operating activities Business Type Governmental Actvities Activities - Enterprise Fund Internal Totals Golf Course Service Funds 2005 2004 S 1,082,939 981,180 2,064,119 706,028 (1,699,165) (505,603) (2,204,768) (375,765) (19,492) (67,710) (87,202) 51,862 (635,718) 407,867 (227,851) 278,401 687,598 - 687,598 - 687,598 687,598 - 18,294 18,294 - 350 350 (853,297) (145,333) (998,630) (189,793) 801,417 801,417 - (51,880) (126,689) (178,569) 189,793 - 61,035 61,035 46,826 61,035 61,035 46,826 -. 342,213 342,213 135,434 - 3,084,392 3,084,392 2,948,958 $ - 3,426,605 3,426,605 3,084,392 $ (785,455) (167,675) (953,130) (78,667) 210,677 624,570 835,247 305,834 (44,697) - (44,697) - (250,000) - (250,000) - - 3,932 3,932 11,068 (49,086) (49,086) - (122,210) - (122,210) - - (19,100) (19,100) 47,995 316,980 15,226 332,206 (7,829) 3,187 - 3,187 - 10,800 - 10,800 - 25,000 - 25,000 - $ (635,718) 407,867 (227,851 ) 278,401 Noncash capital, financing and investing activities: Capital assets disposals $ - (65,496) (65,496) (511,491) Capital assets contributed by other funds 41,459,643 14,602,365 56,062,008 346,750 See accompanying notes to the basic financial statements. 29 CITY OF LA QUINTA Agency Funds Statement of Fiduciary Assets and Liabilities June 30, 2005 2005 2004 Assets Cash and investments (note 2) $ 1,221,946 1,982,134 Taxes receivable 25,829 - Interest receivable 6,166 6,973 Total assets $ 1,253,941 1,989,107 Liabilities Due to bondholders $ 1,253,941 1,989,107 Total liabilities $ 1,253,941 1,989,107 See accompanying notes to the basic financial statements. 30 ' CITY OF LA QUINTA Notes to the Basic Financial Statements Year ended June 30, 2005 ' (11 Summary of Significant Accounting Policies (a) ReportingEntity The City of La Quinta ("the City") was incorporated May 1, 1982 under the general laws of the State of California. In November 1996, the City became a charter City. The City operates under the Council - Manager form of government. ' The City provides many community services including public safety, highway and street maintenance, health and social services, cultural and leisure services, public improvements, planning and zoning services, and community development services. ' The accounting policies of the City conform to generally accepted accounting principles as applicable to governments. As required by generally accepted accounting principles, these financial statements present the government and its component units, which are entities for which the government is considered to be financially accountable. The City is considered to be financially accountable for an organization if the City appoints a voting majority of that organization's governing body and the City is able to impose its will on that organization or there is a potential for that organization to provide specific financial benefits to or impose specific financial burdens on the City. The City is also considered to be financially accountable if an organization is fiscally dependent (i.e., it is unable to adopt its budget, levy taxes, set rates or charges, or issue bonded debt without approval from the City). In certain cases, other organizations are included as component units if the nature and significance of their relationship with the City are such that their exclusion would cause the City's financial statements to be ' misleading or incomplete. All of the City's component units are considered to be blended component units. ' Blended component units, although legally separate entities, are, in substance, part of the government's operations and so data from these units are reported with the interfund data of the primary government. ' The following organizations are considered to be component units of the City: La Quinta Redevelopment Agency ' The La Quinta Redevelopment Agency (Agency) has established two redevelopment project areas pursuant to the State of California Health & Safety ' Code, Section 33000 entitled "Community Redevelopment Law". On November 29, 1983 and May 16, 1989, the City Council approved and adopted the Redevelopment Plans for the La Quinta Redevelopment Project Areas No. 1 and No. 2, respectively. These plans provide for the elimination of blight and ' deterioration, which was found to exist in the project areas. Although the Agency ' 31 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) is legally separate, it is reported as if it were part of the City because the City Council also serves as the governing board of the Agency. Separate financial statements of the Agency can be obtained at City Hall. City of La Quinta Public Financing_ Authority The La Quinta Public Financing Authority (Authority) was established pursuant to a Joint Exercise of Powers Agreement dated November 19, 1991 between the City of La Quinta and the La Quinta Redevelopment Agency. The purpose of the Authority is to provide financing necessary for the construction of various public improvements through the issuance of debt. Although the Authority is legally separate, it is reported as if it were part of the City because the City Council also serves as the governing board of the Authority. Separate financial statements of the Authority are not prepared. (b) Basis of Accounting and Measurement Focus The basic financial statements of the City are composed of the following: • Government -wide financial statements • Fund financial statements • Notes to the financial statements Financial reporting is based upon all GASB pronouncements, as well as the FASB Statements and Interpretations, APB Opinions, and Accounting Research Bulletins that were issued on or before November 30, 1989 that do not conflict with or contradict GASB pronouncements. 32 CITY OF LA QUINTA ' Notes to the Basic Financial Statements (Continued) 1 ' (1) Summary of Significant Accounting Policies, (Continued) Government -wide Financial Statements Government -wide financial statements display information about the reporting government as a whole, except for its fiduciary activities. These statements include separate columns for the governmental and business -type activities of the ' primary government (including its blended component units), as well as its discreetly presented component units. The City of La Quints has no business -type activities or discretely presented component units. Eliminations have been made in the Statement of Activities so that certain allocated expenses are recorded only once (by function to which they were allocated). However, general governmental expenses have not been allocated as indirect expenses to the various functions of the City. Government -wide financial statements are presented using the economic resources measurement focus and the accrual basis of accounting. Under the ' economic resources measurement focus, all (both current and long-term) economic resources and obligations of the reporting government are reported in the government -wide financial statements. Basis of accounting refers to when ' revenues and expenditures are recognized in the accounts and reported in the financial statements. Under the accrual basis of accounting, revenues, expenses, gains, losses, assets, and liabilities resulting from exchange and exchange -like transactions are recognized when the exchange takes place. Revenues, expenses, ' gains, losses, assets, and liabilities resulting from nonexchange transactions are recognized in accordance with the requirements of GASB Statement No. 33. ' Program revenues include charges for services, special assessments, and payments made by parties outside of the reporting government's citizenry if that money is restricted to a particular program. Program revenues are netted with ' program expenses in the statement of activities to present the net cost of each program. Amounts paid to acquire capital assets are capitalized as assets in the government - wide financial statements, rather than reported as an expenditure. Proceeds of long-term debt are recorded as a liability in the government -wide financial statements, rather than as an other financing source. Amounts paid to reduce long- term indebtedness of the reporting government are reported as a reduction of the related liability, rather than as an expenditure. 1 33 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies. (Continued) Fund Financial Statements The underlying accounting system of the City is organized and operated on the basis of separate funds, each of which is considered to be a separate accounting entity. The operations of each fund are accounted for with a separate set of self - balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures or expenses, as appropriate. Governmental resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. Fund financial statements for the primary government's governmental, proprietary, and fiduciary funds are presented after the government -wide financial statements. These statements display information about major funds individually and nonmajor funds in the aggregate for governmental and enterprise funds. Fiduciary statements include financial information for fiduciary funds and similar component units. Fiduciary funds of the City primarily represent assets held by the City in a custodial capacity for other individuals or organizations. Governmental Funds In the fund financial statements, governmental funds are presented using the modified -accrual basis of accounting. Their revenues are recognized when they become measurable and available as net current assets. Measurable means that the amounts can be estimated, or otherwise determined. Available means that the amounts were collected during the reporting period or soon enough thereafter to be available to finance the expenditures accrued for the reporting period. The City uses a thirty day availability period. Revenue recognition is subject to the measurable and availability criteria for the governmental funds in the fund financial statements. Exchange transactions are recognized as revenues in the period in which they are earned (i.e., the related goods or services are provided). Locally imposed derived tax revenues are recognized as revenues in the period in which the underlying exchange transaction on which they are based takes place. Imposed non -exchange transactions are recognized as revenues in the period for which they were imposed. If the period of use is not specified, they are recognized as revenues when an enforceable legal claim to the revenues arises or when they are received, whichever occurs first. Government -mandated and voluntary non -exchange transactions are recognized as revenues when all applicable eligibility requirements have been met. Rif CITY OF LA QUINTA ' Notes to the Basic Financial Statements (Continued) ' (11 Summary of Significant Accounting Policies. (Continued) In the fund financial statements, governmental funds are presented using the ' current financial resources measurement focus. This means that only current assets and current liabilities are generally included on their balance sheets. The reported fund balance (net current assets) is considered to be a measure of "available spendable resources." Governmental fund operating statements present ' increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Accordingly, they are said to present a summary of sources and uses of "available spendable resources" during a period. ' Non -current portions of long-term receivables due to governmental funds are reported on their balance sheets in spite of their spending measurement focus. t Special reporting treatments are used to indicate, however, that they should not be considered "available spendable resources," since they do not represent net current assets. Recognition of governmental fund type revenues represented by noncurrent receivables are deferred until they become current receivables. ' Noncurrent portions of other long-term receivables are offset by fund balance reserve accounts. ' Because of their spending measurement focus, expenditure recognition for governmental fund types excludes amounts represented by noncurrent liabilities. Since they do not affect net current assets, such long-term amounts are not recognized as governmental fund type expenditures or fund liabilities. Amounts expended to acquire capital assets are recorded as expenditures in the year that resources were expended, rather than as fund assets. The proceeds of t long-term debt are recorded as an other financing sources rather than as a fund liability. Amounts paid to reduce long-term indebtedness are reported as fund expenditures. When both restricted and unrestricted resources are combined in a fund, expenses are considered to be paid first from restricted resources, and then from unrestricted resources. 35 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies. (Continued) Proprietary Funds The City's internal service funds are proprietary funds. In the fund financial statements, proprietary funds are presented using the accrual basis of accounting. Revenues are recognized when they are earned and expenses are recognized when the related goods or services are delivered. In the fund financial statements, proprietary funds are presented using the economic resources measurement focus. This means that all assets and all liabilities (whether current or noncurrent) associated with their activity are included on their balance sheets. Proprietary fund type operating statements present increases (revenues) and decreases (expenses) in total net assets. Amounts paid to acquire capital assets are capitalized as assets in the internal service fund financial statements, rather than reported as an expenditure. Proceeds of long-term debt are recorded as a liability in the internal service fund financial statements, rather than as an other financing source. Amounts paid to reduce long- term indebtedness of the internal service fund are reported as a reduction of the related liability, rather than as an expenditure. Fiduciary Funds The City's fiduciary funds are agency funds. Agency funds are custodial in nature. Assets equal liabilities. Agency funds use the accrual basis of accounting. (c) Major Funds, Internal Service Funds and Fiduciary Fund Types The City's major governmental funds are as follows: General Fund — The primary fund of the City is used to account for all revenue and expenditures of the City not legally restricted as to use. A broad range of municipal activities are provided through this fund including City Manager, City Attorney, Finance, City Clerk, Community Development, Police Services, Public Works, Building and Safety, and Community Services. Redevelopment Agency Debt Service — Proiect Area No 1 Fund — This debt service fund is used to account for the accumulation of resources for the payment of debt service for bond principal and interest and trustee fees for Project Area No. 1. xedevetonment Agency Debt Service — Project Area No 2 Fund — This debt service fund is used to account for the accumulation of resources for the payment of debt service for bond principal and interest and trustee fees for Project Area No. 2. 36 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) Financing Authority Debt Service Fund — To account for the Public Financing Authority bond proceeds that will be used for specific projects and programs of the City. Capital Improvement Fund — This capital projects fund is used to account for the planning, design and construction of various capital projects throughout the City of La Quinta and the Redevelopment Agency. Redevelopment Agency Capital Projects — Project Area No. 1 Fund — This fund is used to account for the bond proceeds, interest and other funding that will be used for development, planning, construction and land acquisition within the project area. 2004 Low/Moderate Bond Fund — To account for the 2004 revenue bond proceeds that will be used to finance projects benefiting low and moderate income housing in La Quinta Redevelopment Project Area No. 1 and Project Area No. 2. The City's major proprietary funds are as follows: Golf Course — To account for the activities of the SilverRock Golf Resort. Other fund types of the City are as follows: Internal Service Funds: Equipment Replacement Fund — This fund accounts for equipment and vehicle maintenance and replacement services provided to other departments on a cost - reimbursement basis. Information Technologyund — This fund is used to account for the acquisition of computer equipment, maintenance, and services to support information systems within the City. Costs are reimbursed by the benefiting departments. Park Equipment and Facilities Fund — This fund is used to account for the purchase and replacement of City owned park facility infrastructure. Costs are reimbursed by the benefiting departments. Agency Funds — These funds account for assets held by the City as an agency for assessment district bondholders and for Arts in Public Places donations. 37 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) (d) Investments For financial reporting purposes, investments are adjusted to their fair value whenever the difference between fair market value and the carrying amount is material Changes in fair value that occur during a fiscal year are recognized as investment income reported for that fiscal year. Investment income includes interest earnings, changes in fair value, and any gains or losses realized upon the liquidation or sale of investments. The City pools cash and investments of all funds, except for assets held by fiscal agents. Each fund's share in this pool is displayed in the accompanying financial statements as cash and investments. Investment income earned by the pooled investments is allocated to the various funds based on each fund's average cash and investment balance. (e) Cash Equivalents For purposes of the statement of cash flows, cash equivalents are defined as short- term, highly liquid investments that are both readily convertible to known amounts of cash or so near their maturity that they present insignificant risk of changes in value because of changes in interest rates. Cash equivalents also represent the proprietary funds' share in the cash and investment pool of the City of La Quinta. Cash equivalents have an original maturity date of three months or less from the date of purchase. For purposes of the statement of cash flows, the entire balance of cash and investments on the combined balance sheet for the internal service fund is considered cash and cash equivalents. (f) Capital Assets Inventory is valued at cost using the first in/first out (FIFO) method. (f) Capital Assets Capital assets (including infrastructure) are recorded at cost where historical records are available and at an estimated historical cost where no historical records exist. Contributed capital assets are valued at their estimated fair market value at the date of the contribution. Generally, capital asset purchases in excess of $5,000 are capitalized if they have an expected useful life of three years or more. 38 ' CITY OF LA QUINTA ' Notes to the Basic Financial Statements (Continued) ' il) Summary of Significant Accounting Policies, (Continued) Capital assets include public domain (infrastructure) general fixed assets ' consisting of certain improvements including roads, streets, sidewalks, medians, and storm drains. Capital assets used in operations are depreciated over their estimated useful lives ' using the straight-line method in the government —wide financial statements and in the fund financial statements of the internal service funds. Depreciation is charged as an expense against operations and accumulated depreciation is reported on the respective balance sheet. The following schedule summarizes fixed asset useful lives: ' Buildings and improvements 10-30 years Equipment and furniture 3-20 years Vehicles 5-10 years ' Infrastructure 10-50 years (g) Employee Leave Benefits ' Sick time is vested on a percentage based on number of years employed at the City. Maximum accumulation of sick and vacation is 30 and 40 days, respectively. ' Upon termination or retirement, permanent employees are entitled to receive compensation at their current base salary for all unused vacation leave. If an ' employee terminates with a minimum of two years service, the employee is entitled to receive 25% of the value of his unused sick leave. The percentage increases by 25% for each five-year period until the employee is entitled to 75% ' of the value of his unused sick leave. This will occur upon the completion of ten years of continuous employment. (h) Postemuloyment Benefits ' The City does not provide postemployment benefits (other than pension benefits) to its employees. ' (i) Prepaid Items ' Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government -wide and fund financial statements. C 39 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (1) Summary of Sienificant Accounting Policies, (Continued) 0) Fund Equity In the fund financial statements, governmental funds report reservations of fund balance for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific purpose. Designations of fund balance represent tentative management plans that are subject to change. (2) Cash and Investments Cash and investments as of June 30, 2005 are classified in the accompanying financial statements as follows: Statement of net assets: Cash and investments $ 97,186,820 Cash with fiscal agent 85,975,369 Statement of Fiduciary Assets and Liabilities: Cash and investments 1,221,946 Total cash and investments $184.384.135 Cash and investments as of June 30, 2005 consist of the following: Cash on hand $ 1,000 Deposits with financial institutions (2,934,840) Investments 187,317,975 Total cash and investments Investments Authorized by the California Government Code and the Entity's Investment Policy The table below identifies the investment types that are authorized for the Entity by the California Government Code and the Entity's investment policy. The table also identifies certain provisions of the California Government Code (or the Entity's investment policy, if more restrictive) that address interest rate risk, credit risk, and concentration of credit risk. This table does not address investments of debt proceeds held by bond trustee that are governed by the provisions of debt agreements of the Entity, rather than the general provisions of the California Government Code or the Entity's investment policy. 40 [-, 1 1 LI 1 1 1 1 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (2) Cash and Investments, (Continued) Authorized *Maximum *Maximum Investment Types By Investment *Maximum Percentage Investment Authorized by State Law Policy Maturity Of Portfolio In One Issuer Local Agency Bonds No 5 years None None U.S. Treasury Obligations Yes 5 years None None U.S. Agency Securities Yes 5 years None $10 million Banker's Acceptances No 180 days 40% 30% Yes 10% or Commercial Paper 270 days 25% $3 million Negotiable Certificates of Deposit No 5 years 30% None Repurchase Agreements No 1 year None None 20% of Reverse Repurchase Agreements No 92 days base value None Medium -Term Notes Yes 5 years 30% $3 million Mutual Funds No N/A 20% 10% Money Market Mutual Funds Yes N/A 20% 10% Mortgage Pass -Through Securities No 5 years 20% None County Pooled Investment Funds No N/A None None Local Agency Investment Fund Yes N/A 25% None (LAIF) JPA Pools (other investment pools) No N/A None None * Based on state law requirements or investment policy requirements, whichever is more restrictive. Investments Authorized by Debt Agreements Investment of debt proceeds held by bond trustee are governed by provisions of the debt agreements, rather than the general provisions of the California Government Code or the Entity's investment policy. The table below identifies the investment types that are authorized for investments held by bond trustee. The table also identifies certain provisions of these debt agreements that address interest rate risk, credit risk, and concentration of credit risk. 41 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (2) Cash and Investments, (Continued) Maximum Maximum Authorized Maximum Percentage Investment Investment Type Maturity Allowed in One Issuer U.S. Treasury Obligations None None None U.S. Agency Securities None None None Banker's Acceptances 360 days None None Commercial Paper 270 days None None Money Market Mutual Funds N/A None None Negotiable Certificates of Deposit 360 days None None Disclosures Relating to Interest Rate Risk Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. One of the ways that the Entity manages its exposure to interest rate risk is by purchasing a combination of shorter term and longer term investments and by timing cash flows from maturities so that a portion of the portfolio is maturing or coming close to maturity evenly over time as necessary to provide the cash flow and liquidity needed for operations. Information about the sensitivity of the fair values of the Entity's investments (including investments held by bond trustee) to market interest rate fluctuations is provided by the following table that shows the distribution of the Entity's investments by maturity: Remaining Maturity (in Months) 3 Months 4 to 6 7 to 12 12 to 24 Investment Type Or Less Months Months Months U.S. Treasury notes $ 32,947,558 5,001,854 17,979,929 9,965,775 - Federal agency securities 28,531,600 2,456,870 6,525,641 14,626,399 4,922,690 State investment pool 39,863,448 39,863,448 - - - Held by bond trustee: Money market funds 3,556,258 3,556,258 - U.S.Treasury bills 82,419,111 52,680,607 29,738,504 - Total 187.317.975 103.559.037 S_4 244.4Z4 24 917 42 ' CITY OF LA QUINTA ' Notes to the Basic Financial Statements (Continued) (2) Cash and Investments, (Continued) Disclosures Relating to Credit Risk Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Presented below is the ' minimum rating required by (where applicable) the California Government Code, the Entity's investment policy, or debt agreements, and the actual rating as of year end for each investment type. ' Minimum Exempt Rating as of Year End Legal From Not ' Investment Type Rating Disclosure AAA Aa Rated U.S. Treasury notes $ 32,947,558 N/A 32,947,558 Federal agency securities 28,531,600 N/A - 24,077,976 - 4,453,624 ' State investment pool 39,863,448 N/A - - 39,863,448 Held by bond trustee: Money market funds 3,556,258 A - 3,556,258 - ' U.S. Treasury bills 82,419,111 N/A 82,419,111 Total $187,317,275 115.366.669 4.0 5 ¢ 25 44,317,072 Concentration of Credit Risk ' The investment policy of the Entity contains no limitations on the amount that can be invested in any one issuer beyond that stipulated by the California Government Code, except for U.S. Agency Securities (limited to a face value of $10 million) and Commercial Paper and Medium -Term Notes (limited to a face value of $3 million). Investments in any one issuer (other than U.S. Treasury securities, mutual funds, and external investment pools) that represent 5% or more of total Entity investments are as follows: Investment Carrying Face Issuer Tvpe Amount Value ' Federal Home Loan Mortgage Corp Federal agency security $10,041,337 $9,956,870 43 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (2) Cash and Investments, (Continued) Custodial Credit Risk Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, a government will not be able to recover its deposits or will not be able to recover collateral securities that are in the possession of an outside party. The custodial credit risk for investments is the risk that, in the event of the failure of the counterparty (e.g., broker -dealer) to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. The California Government Code and the Entity's investment policy do not contain legal or policy requirements that would limit the exposure to custodial credit risk for deposits or investments, other than the following provision for deposits: The California Government Code requires that a financial institution secure deposits made by state or local governmental units by pledging securities in an undivided collateral pool held by a depository regulated under state law (unless so waived by the governmental unit). The market value of the pledged securities in the collateral pool must equal at least 110% of the total amount deposited by the public agencies. California law also allows financial institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of the secured public deposits. Investment in State Investment Pool The Entity is a voluntary participant in the Local Agency Investment Fund (LAIF) that is regulated by the California Government Code under the oversight of the Treasurer of the State of California. The fair value of the Entity's investment in this pool is reported in the accompanying financial statements at amounts based upon the Entity's pro-rata share of the fair value provided by LAIF for the entire LAIF portfolio (in relation to the amortized cost of that portfolio). The balance available for withdrawal is based on the accounting records maintained by LAIF, which are recorded on an amortized cost basis. EM I CITY OF LA QUINTA ' Notes to the Basic Financial Statements (Continued) (3) Property Taxes Under California law, property taxes are assessed and collected by the counties up to 1 % ' of assessed value, plus other increases approved by the voters. The property taxes are recorded initially in a pool, and are then allocated to the cities based on complex formulas. Accordingly, the City of La Quinta accrues only those taxes that are received from the County within sixty days after year-end. ' Lien date January 1 Levy date July 1 Due dates November 1 and February 1 Collection dates December 10 and April 10 The La Quinta Redevelopment Agency's primary source of revenue comes from property taxes. Property taxes allocated to the Agency are computed in the following manner: (a) The assessed valuation of all property within the project area is determined on the date of adoption of the Redevelopment Plan. ' (b) Property taxes related to the incremental increase in assessed values after the adoption of the Redevelopment Plan are allocated to the Agency; all taxes on the "frozen" assessed valuation of the property are allocated to the City and other districts. ' The Agency has no power to levy and collect taxes and any legislative property tax shift might reduce the amount of tax revenues that would otherwise be available to pay the ' principal of, and interest on, debt. Broadened property tax exemptions could have a similar effect. Conversely, any increase in the tax rate or assessed valuation, or any reduction or elimination of present exemptions would increase the amount of tax ' revenues that would be available to pay principal and interest on debt. 45 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (4) Notes Receivable Outstanding Balance at June 30, 2005 In September 1994, the Redevelopment Agency sold certain real property to LINC Housing for $2,112,847. The property was used to construct single-family homes and rental units to increase the City's supply of low and moderate income housing. The note bears interest at 6% per annum and is due in full on June 15, 2029. $ 3,275,614 In December 2000, the Redevelopment Agency entered into an agreement with LINC Housing to receive $9,500,000 as a reimbursement for Agency costs incurred for the construction of infrastructure related to the development of senior apartments. Payments are due to the Agency in the amount of annual positive cash flow generated by the rental of the units. All unpaid principal and interest on the note are due fifty-five years after the completion of the project. Interest on the note accrues at 3% per annum. 9,500,000 Other notes receivable 82,484 Total notes receivable reported on the statement of net assets 12,858,098 In June 2004, the Redevelopment Agency entered into an agreement to borrow $90,000,000 from the Financing Authority Debt Service Fund to provide for the advance refunding of the Agency's Redevelopment Project Areas No. 1 and 2, 1995 Housing Tax Allocation Bonds and to finance projects benefiting low and moderate income housing within the project areas. The funding was provided through the issuance of the 2004 Series A Local Agency Revenue Bonds issued by the Financing Authority. The note accrues interest between 3% and 5.25% per annum, payable semi-annually. Principal payments ranging from $735,000 to $5,660,000 are payable annually through September 2035. 90,000,000 Total notes receivable reported in the Governmental Funds — Balance Sheet $102.858.098 46 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (5) Capital Assets Capital asset activity for governmental activities for the year ended June 30, 2005 is as follows: Balance at Balance at June 30, 2004 Additions Deletions June 30, 2005 Buildings and improvements $ 24,677,430 15,357,963 (11,609,027) 28,426,366 Equipment and furniture 1,583,727 114,965 (27,995) 1,670,697 Vehicles 1,224,147 73,399 (205,634) 1,091,912 Infrastructure 96,678,847 2,581,278 99,260,125 Total cost of depreciable assets 124,164,151 18,127,605 (11,842,656) 130,449,100 Less accumulated depreciation: Buildings and improvements Equipment and furniture Vehicles Infrastructure Total accumulated depreciation Net depreciable assets Capital assets not depreciated: Land Right of way Construction in progress Capital assets, net 61057,086 2,007,875 (1,169,786) 6,895,175 942,823 184,717 (14,617) 1,112,923 758,280 77,673 (199,226) 636,727 53,438,823 2,631,200 56,070,023 61,197,012 4,901,465 (1,383,629) 64,714,848 62,967,139 13,226,140 (10,459,027) 65,734,252 73,505,659 9,491,384 (25,269,610) 57,727,433 234,280,023 12,019,371 246,299,394 27,932,823 39,222,431 (39,361,141) 27,794,113 398.685.644 73,9 (75.089.778) 397.555.192 47 CITY OF LA.QUINTA Notes to the Basic Financial Statements (Continued) (5) Capital Assets, (Continued) Capital asset activity for business -type activities for the year ended June 30, 2005 is as follows: Balance at Balance at June 30, 2004 Additions Deletions June 30, 2005 Buildings and improvements $ - 6,236,075 - 6,236,075 Equipment and furniture - 1,058,737 - 1,058,737 Vehicles - 20,348 - 20,348 Software - 20,255 - 20,255 Total cost of depreciable assets - 7,335,415 7,335,415 Less accumulated depreciation: Buildings and improvements 110,409 - 110,409 Equipment and fumiture - 96,208 - 96,208 Vehicles 2,035 - 2,035 Infrastructure - 2,025 - 2,025 Total accumulated depreciation 210,677 - 210,677 Net depreciable assets 7,124,738 - 7,124,738 Capital assets not depreciated: Land - 34,977,525 - 34,977,525 Capital assets, net 42.102,263 2102 48 1 CITY OF LA QUINTA ' Notes to the Basic Financial Statements (Continued) ' (5) Capital Assets, (Continued) Depreciation expense was chargedin in the following functions in the Statement of ' Activities: Governmental Activities General government $ 110,156 Public safety 483,689 Community services 1,343,072 Planning and development 27,672 Public works 2,936,876 ' Total Governmental Activities 4 O1 4 ' Business Type Activities Golf Course 10 677 1 1 (6) Changes in Long -Term Liabilities — Governmental Activities Changes in governmental long-term liabilities for the year ended June 30, 2005 were as follows: Amounts Balance at Balance at due within June 30, 2004 Additions Deletions June 30, 2005 one vear City: Compensated absences payable Due to the Coachella Valley Association of Governments Developer Agreement Payable Redevelopment Agency: RDA Project Area No. 1: Tax allocation bonds Pass -through agreements payable: Coachella Valley Unified School District RDA Project Area No. 2: Tax allocation bonds Due to County of Riverside Financing Authority: Revenue bonds Total $ 531,553 441,868 (424,393) 549,028 494,125 428,311 - (50,000) 378,311 50,000 1,010,688 - (112,547) 898,141 122,111 142,507,628 - (2,243,969) 140,263,659 2,348,969 6,653,377 - (726,114) 5,927,263 740,636 6,325,000 - (95,000) 6,230,000 100,000 2,050,000 - (100,000) 1,950,000 100,000 94,814,343 - 2( 92,285) y4� ( 94,522,058 994,209 $254320 900 250.718.460 4.950.050 49 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (7) Due to the Coachella Valley Association of Governments The City of La Quinta entered into an Interchange Reimbursement Agreement with the Coachella Valley Association of Governments (CVAG) to finance capital improvements at the Washington Street I-10 interchange. The City will reimburse CVAG $828,311 over a period of seventeen years beginning July 31, 1996. The annual payments to CVAG range from $28,311 to $50,000. At June 30, 2005, the balance is $378,311. The minimum annual requirements to amortize payable to Coachella Valley Association of Governments as of June 30, 2004 are as follows: June 30 2006 2007 2008 2009 2010 2011 2012 2013 (8) Tax Allocation Bonds Principal $ 50,000 50,000 50,000 50,000 50,000 50,000 50,000 28,311 As of June 30, 2005, the following issuances of Tax Allocation Bonds were outstanding: Series 1994 Tax Allocation Refunding Bonds, Series 1994, were issued by the Agency on May 5, 1994, in the amount of $26,665,000 to refund the outstanding aggregate principal amount of the Agency's Tax Allocation Bonds, Series 1989 and 1990. The remaining proceeds were used to finance certain capital improvements within the La Quinta Redevelopment Project Area No. 1. Interest rates on the bonds range from 3.80% to 8% and are payable semi-annually on March 1 and September 1 of each year until maturity. The interest on and principal of the bonds are payable solely from pledged tax increment revenues. The bonds are not subject to redemption prior to maturity. There are certain limitations regarding the issuance of parity debt as further described in the official statement. A portion of the proceeds was used to obtain a surety agreement to satisfy the bond reserve requirement. The principal balance of outstanding bonds at June 30, 2005 is $15,655,000. 50 1 CITY OF LA QUINTA ' Notes to the Basic Financial Statements (Continued) 1 ' (8) Tax Allocation Bonds, (Continued) Series 1998, Project Area No. 1 ' Tax allocation refunding bonds, Series 1998, in the amount of $15,760,000 were issued by the Agency to refund the outstanding aggregate principal amount of the Agency's Tax Allocation Bonds, Series 1991. The remaining proceeds were used to finance certain capital improvements within the La Quinta Redevelopment Project Area No. 1. Interest rates on the bonds range from 5.20% to 5.25% and are payable semi-annually on March 1 and September 1 of each year until maturity. The interest and principal of the bonds are payable from pledged tax increment revenues. ' Term Bonds maturing September 1, 2028 are subject to mandatory sinking fund redemption, in part by lot, on September 1, 2013 and on each September 1 thereafter, through September 1, 2028, at a price equal to the principal amount thereof plus accrued interest. There are certain limitations regarding the issuance of parity debt as further ' described in the official statement. A portion of the proceeds was used to obtain a surety agreement to satisfy the bond reserve requirement. The principal balance of outstanding bonds at June 30, 2005 is $15,760,000. ' Series 1998, Proiect Area No. 2 ' Tax allocation refunding bonds, Series 1998, in the amount of $6,750,000 were issued by the Agency to refund the outstanding aggregate principal amount of the Agency's Tax Allocation Bonds, Series 1992. The remaining proceeds were used to finance certain capital improvements within the La Quinta Redevelopment Project Area No. 2. ' Interest rates on the bonds range from 3.75% to 5.28% and are payable semi-annually on March 1 and September 1 of each year until maturity. The interest and principal of the ' bonds are payable solely from pledged tax increment revenues of Project Area No. 2. Tenn Bonds maturing September 1, 2028 and September 1, 2033 are subject to mandatory sinking fund redemption, in part by lot, on September 1, 2009 and ' September 1, 2019, respectively, and on each September 1 thereafter at a price equal to the principal amount thereof plus accrued interest. There are certain limitations regarding the issuance of parity debt as further described in the official statement. A portion of the proceeds was used to obtain a surety agreement to satisfy the bond reserve requirement. The principal balance of outstanding bonds at June 30, 2005 is $6,230,000, 1 51 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (8) Tax Allocation Bonds, (Continued) Tax Allocation Bonds Series 2001 — Project Area No. 1 On August 15, 2001, the Agency issued tax allocation bonds in the amount of $48,000,000 to finance capital projects benefiting the La Quinta Redevelopment Project Area No. 1. The 2001 tax allocation bonds were issued at a discount of $422,400 and issuance costs of $1,517,325. The bonds consist of $17,280,000 of term bonds that accrue interest at 5.00% and mature on September 1, 2021 and $30,720,000 of term bonds that accrue interest at 5.18% and mature on September 1, 2031. The interest and principal on the bonds are payable from pledged tax increment revenues. A portion of the proceeds were used to obtain a surety agreemen Tax Allocation Bonds Series 2002 — Project Area No. 1 t On June 12, 2002, the Agency issued tax allocation bonds in the amount of $40,000,000 to finance capital projects benefiting the La Quinta Redevelopment Project Area No. 1. the 2002 tax allocation bonds were issued at a discount of $360,000 and issuance costs of $1,250,096. The bonds consist of $6,355,000 of serial bonds and $33,645,000 of term bonds. Interest rates on serial bonds range from 1.75% and 4.00% and are payable semi-annually on March 1 and September 1 of each year until maturity. Term bonds accrue interest at 5.00% and 5.125% and mature on September 1, 2022 and September 1, 2023. The interest and principal on the bonds are payable from pledged tax increment revenues. A portion of the proceeds were used to obtain a surety agreement to satisfy the bond reserve requirement. The principal balance of outstanding bonds at June 30, 2005 is $37,410,914 ($38,860,000 net of unamortized discount and issuance costs of $1,449,086). Tax Allocation Bonds, Series 2003 - Proiect Area No. 1 On September 1, 2003, the Agency issued tax allocation bonds in the amount of $26,400,000 to finance capital projects benefiting the La Quinta Redevelopment Project Area No. 1. The 2003 tax allocation bonds were issued at a discount of $277,200 and issuance costs of $629,191. W CITY OF LA QUINTA ' Notes to the Basic Financial Statements (Continued) ' (8) Tax Allocation Bonds, (Continued) ' Tax Allocation Bonds, Series 2003 - Proiect Area No. 1, (Continued) Interest is payable semi-annually on March 1 and September 1 of each year, commencing March 1, 2004. Interest payments range from 4.24% to 6.44% per annum. The interest ' and principal on the bonds are payable from pledged tax increment revenues. Term bonds maturing on September 1, 2013 through September 1, 2032 are subject to ' mandatory redemption from minimum sinking fund payments, in part by lot, on September 1, 2004, September 1, 2014, and September 1, 2024, respectively, and on each September 1 thereafter at a redemption price equal to the principal amount thereof plus accrued interest to the redemption date. A portion of the proceeds was used to obtain a surety agreement to satisfy the bond reserve requirement. There are certain limitations regarding the issuance of parity debt as ' further described in the official statement. The principal balance of outstanding bonds at June 30, 2005 is $25,118,839 ($26,010,000 net of unamortized discount and issuance costs of $891,161). F 1 53 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (8) Tax Allocation Bonds. (Continued) The minimum annual requirement (including sinking fund requirements) to amortize tax allocation bonds as of June 30, 2005 are as follows: June 30: 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Project Area No. 1 Tax Allocation Bonds Principal $ 2,500,000 2,640,000 2,795,000 2,960,000 3,135,000 3,330,000 3,540,000 3,765,000 3,515,000 3,690,000 3,885,000 4,090,000 4,305,000 4,530,000 4,770,000 5,020,000 5,285,000 5,565,000 5,860,000 6,170,000 6,505,000 6,850,000 7,220,000 7,610,000 8,015,000 8,445,000 8,905,000 9,385,000 Interest 7,805,905 7,658,900 7,500,554 7,330,189 7,144,063 6,941,435 6,724,311 6,491,872 6,281,899 6,095,257 5,896,531 5,687,234 5,466,835 5,234,798 4,990,457 4,733,125 4,462,141 4,175,504 3,871,622 3,549,682 3,209,208 2,850,313 2,472,033 2,073,117 1,653,186 1,211,175 745,023 252,852 $ 144,285,000 132,509,221 54 Proj ect Area No. 2 Tax Allocation Bonds Principal 100,000 105,000 110,000 115,000 120,000 125,000 130,000 140,000 145,000 150,000 160,000 170,000 175,000 185,000 195,000 205,000 215,000 230,000 240,000 255,000 265,000 280,000 295,000 310,000 325,000 345,000 360,000 380,000 400,000 6,230,000 Interest 319,168 314,785 310,135 305,184 299,550 293,272 286,737 279,819 272,516 264,956 257,013 248,556 239,716 230,491 220,631 210,131 199,106 187,425 175,087 162,094 148,444 134,138 119,044 103,163 86,494 68,906 50,400 30,975 10,500 5,828,436 1 CITY OF LA QUINTA ' Notes to the Basic Financial Statements ' (Continued) (9) Revenue Bonds ' 1996 Lease Revenue Refunding Bonds On November 15, 1996, the Authority issued $8,790,000 of 1996 Lease Revenue Refunding Bonds to defease the remaining 1991 Local Agency Revenue Bonds in the amount of $8,200,000 and to provide funds for construction of remaining improvements to the La Quinta Civic Center site. ' The bonds consist of $3,630,000 of serial bonds and $5,160,000 of term bonds. The serial bonds will accrue interest at rates between 3.70% and 5.30% and principal amounts mature between October 1, 1997 to October 1, 2008 in amounts ranging from $285,000 ' to $380,000. The term bonds accrue interest at a rate of 5.55% and mature on October 1, 2018. ' A surety agreement has been purchased to satisfy the bond reserve requirement. There are certain limitations regarding the issuance of parity debt as further described in the official statement. The amount of principal outstanding on the 1996 Lease Revenue Refunding Bonds at June 30, 2005 is $6,575,000. 2004 Series A Local Agencv Revenue Bonds ' On June 29, 2004, the La Quinta Financing Authority issued revenue bonds in the amount of $90,000,000 to finance projects benefiting low and moderate income housing in La Quinta Redevelopment Project Area No. 1 and the La Quinta Redevelopment Project Area No. 2 and to advance refund the Agency's Redevelopment Project Areas No. 1 and ' 2, 1995 Housing Tax Allocation Bonds. The 2004 local agency revenue bonds were issued with issuance costs of $2,600,229 and a premium of $476,496. ' Interest is payable semi-annually on March 1 and September 1 of each year, commencing September 1, 2005. Interest payments range from 3% to 5.25% per annum. The interest and principal on the bonds are payable from pledged tax increment revenues. Term bonds maturing on September 1, 2024, September 1, 2029 and September 1, 2034 are subject to mandatory redemption from minimum sinking fund payments, in part by lot, on September 1, 2017, September 1, 2025, and September 1, 2030, respectively, and ' on each September 1 thereafter at a redemption price equal to the principal amount thereof plus accrued interest to the redemption date. A portion of the proceeds was used to obtain a surety agreement to satisfy the bond reserve requirement. There are certain limitations regarding the issuance of parity debt as further described in the official statement. The principal balance of outstanding bonds at ' June 30, 2005 is $87,947,058 ($90,000,000 net of unamortized discount and issuance costs of $2,052,942). 55 CITY OF LA'QUINTA Notes to the Basic Financial Statements (Continued) (9) Revenue Bonds. (Continued) The minimum annual requirements (including sinking fund requirements) to amortize revenue bonds as of June 30, 2005 are as follows: 1996 Lease Revenue 2004 Series A Revenue Bonds June 30 Principal Interest Principal Interest 2006 $ 330,000 350,575 735,000 2,990,049 2007 345,000 333,865 1,520,000 4,436,981 2008 360,000 315,880 1,570,000 4,403,156 2009 380,000 296,450 1,615,000 4,356,806 2010 400,000 275,280 1,670,000 4,304,994 2011 420,000 252,525 1,740,000 4,243,332 2012 445,000 228,521 1,805,000 4,175,132 2013 470,000 203,130 1,890,000 4,099,719 2014 495,000 176,351 1,975,000 4,016,581 2015 525,000 148,046 2,075,000 3,924,681 2016 555,000 116,076 2,175,000 3,823,431 2017 585,000 86,441 2,290,000 3,714,462 2018 615,000 53,141 2,410,000 3,597,256 2019 650,000 18,038 2,535,000 3,473,881 2020 - - 2,670,000 3,344,075 2021 - - 2,810,000 3,207,444 2022 - - 2,960,000 3,063,594 2023 - - 3,115,000 2,912,132 2024 - - 3,275,000 2,752,663 2025 - - 3,450,000 2,584,925 2026 - 3,630,000 2,408,394 2027 - - 3,810,000 2,227,082 2028 - 4,000,000 2,041,082 2029 - - 4,200,000 1,845,832 2030 - 4,410,000 1,640,832 2031 - - 4,635,000 1,425,582 2032 - 4,870,000 1,196,560 2033 - 5,120,000 952,994 2034 - - 5,380,000 697,000 2035 $ 6.575.000 2.856.319 5,660,000 90.000.000 572,969 88.433.621 56 t 1 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (10) Due to County of Riverside Project Area No. 2 Based on an agreement dated July 5, 1989 between the Agency and the County; until the tax increment reaches $5,000,000 annually in Project Area No. 2, the Agency will pay to the County 50% of the County portion of tax increment. At the County's option, the County's pass -through portion can be retained by the Agency to finance new County facilities or land costs that benefit the County and serve the La Quinta population. Per the agreement, the Agency must repay all amounts withheld from the County. The tax increment is to be paid to the County in amounts ranging from $100,000 to $250,000 over a payment schedule through June 30, 2015. Interest does not accrue on this obligation. The balance at June 30, 2005 is $1,950,000. The minimum annual requirements to amortize amounts due to the County of Riverside as of June 30, 2005 are as follows: June 30 Principal 2006 $ 100,000 2007 100,000 2008 150,000 2009 200,000 2010 200,000 2011 200,000 2012 250,000 2013 250,000 2014 250,000 2015 250.000 9.9 ' 1 111 57 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (11) Pass -through Agreements Payable Coachella Valley Unified School District An agreement was entered into in 1991 between the Agency, the City of La Quinta and the Coachella Valley Unified School District (District), which provides for the payment to the District a portion of tax increment revenue associated with properties within District confines. Such payments are subordinate to other indebtedness of the Agency incurred in furtherance of the Redevelopment Plan for Project Area No. 1. This tax increment is paid to the District over a payment schedule through August 1, 2012, in amounts ranging from $421,168 to $834,076, for a total amount of $15,284,042. Tax, increment payments outstanding at June 30, 2005 totaled $5,927,265. The District agrees to use such funds to provide classroom and other construction costs, site acquisition, school busses, and expansion or rehabilitation of current facilities. The minimum annual requirements to amortize payable to Coachella Valley Unified School District as of June 30, 2005 are as follows: June 30 Principal 2006 $ 740,636 2007 755,449 2008 770,558 2009 785,968 2010 801,688 2011 817,722 2012 834,076 2013 421,166 ��,927.263 (12) Developer Agreement Payable In December 1998, the City entered into a tax sharing agreement with Stamko Development Co. in relation to the development of an auto mall located within the City. For a period of ten years, the agreement requires the City to make quarterly payments to the developer in the amount of 33% of the sales and use tax revenues generated by the site up to a maximum amount of $122,250 in any twelve month period. Additionally, if the sales and use tax revenues generated exceed $530,000, adjusted annually by the CPI index, the City is required to pay $76,204 for that year for a maximum of ten years, based 58 CITY OF LA QUINTA ' Notes to the Basic Financial Statements (Continued) (12) Developer Agreement Payable, (Continued) ' upon a $500,000 note at an interest rate of 8.5%. For the year ended June 30, 2005, the City paid the developer $122,250 in sales tax reimbursement and $76,204 since the sales ' tax generated exceeded the required amount. The balance at June 30, 2005 is $898,141. The minimum annual requirements to amortize the developer agreement payable as of June 30, 2005 are as follows: June 30 Principal Interest Total ' 2006 $ 122,111 76,343 198,454 2007 132,491 65,963 198,454 2008 143,753 54,701 198,454 ' 2009 155,972 42,482 198,454 2010 169,230 29,224 198,454 2011 174,584 23,870 198,454 ' 8 141 292 58 •1 ' (13) Changes in Long -Term Liabilities — Business -type Activities Changes in business -type long-term liabilities for the year ended June 30, 2005 were as ' follows: Amounts Balance at Balance at due within June 30, 2004 Additions Deletions June 30, 2005 one year ' Golf Course: Capital leases payable $— 28Ct 7( 8$6M $4�41Z 1 Z tThe City of La Quinta entered into several capital lease agreements for the operation of SilverRock Resort. The City financed the acquisition of a point -of -sale system, ' maintenance equipment and golf carts. These lease agreements qualify as capital leases for accounting purposes and, therefore, have been recorded at the present value of their future minimum lease payments as of the inception date. The assets acquired during the fiscal year under these lease agreements are recorded at their acquisition cost of ' $880,286. 1 59 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (13) Changes in Lone -Term Liabilities — Business -type Activities, (Continued) The following schedule summarizes the debt to maturity payments for capital leases: Year ending June 30: Business -type Activities Principal Interest 2006 $153,673 33,365 2007 171,351 26,197 2008 179,147 18,401 2009 187,637 9,912 2010 109,609 1,573 , " EIM (14) Debt Without Governmental Commitment The City of La Quinta sold Improvement Bonds issued pursuant to the California State Improvement Act of 1915. The Bonds are payable from the annual installments collected on the regular property tax bills sent to owners of property having unpaid assessments levied against land benefited by the projects. The Bonds are neither general obligations of the City nor any other political subdivision and the full faith and credit of the City is not pledged for repayment thereof. The City is not liable for repayment of the debt, but is only acting as agent for the property owners in collecting the assessments and forwarding the collections to bondholders. The Bonds do not constitute an obligation of the City; therefore, they are not included in the long-term liability in the accompanying financial statements. The following is a summary of Improvement Bonds outstanding at June 30, 2005: Proceeds Maturity Date Assessment District No. 92-1 1,880,891 9/2108 Assessment District No. 97-1 705,262 9/2118 Assessment District No. 2001-1 2,285,000 9/2/15 Amount Outstanding Interest Rate at June 30, 2005 5.00%-5.40% 480,000 4.10%-5.20% 550,000 5.00%-6.60% 1,690,000 60 CITY OF LA QUINTA ' Notes to the Basic Financial Statements (Continued) 1 ' (15) Defined Benefit Pension Plan Plan Description The City of La Quinta contributes to the California Public Employees Retirement System (PERS), an agent multiple -employer public employee defined benefit pension plan. PERS provides retirement, disability benefits, and death benefits to plan members and ' beneficiaries. PERS acts as a common investment and administrative agent for participating public entities within the State of California. Copies of PERS' annual financial report may be obtained from its executive office at 400 "P" Street, Sacramento, ' California 95814. Participants are required to contribute 7% of their annual covered salary. The City makes ' the contributions required of City employees on their behalf and for their account. Benefit provisions and all other requirements are established by state statute and town contract with employee bargaining groups. ' Under GASB 27, an employer reports an annual pension cost (APC) equal to the annual required contribution (ARC) plus an adjustment for the cumulative difference between the APC and the employer's actual plan contributions for the year. The cumulative ' difference is called the net pension obligation (NPO). The ARC for the period July 1, 2004 to June 30, 2005 has been determined by an actuarial valuation of the plan as of June 30, 2002. The contribution rate indicated for the period is 0.000% of payroll for the ' miscellaneous plan. In order to calculate the dollar value of the ARC for inclusion in financial statements prepared as of June 30, 2005, this contribution rate would be multiplied by the payroll of covered employees that was actually paid during the period July 1, 2004 to June 30, 2005. 61 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (15) Defined Benefit Pension Plan, (Continued) A summary of principle assumptions and methods used to determine the ARC is shown below. Valuation Date Actuarial Cost Method Amortization Method Average Remaining Period Asset Valuation Method Actuarial Assumptions Investment Rate of Return Projected Salary Increases Inflation Payroll Growth Individual Salary Growth June 30, 2002 Entry Age Actuarial Cost Method Level Percent of Payroll 22 Years as of the Valuation Date 3 Year Smoothed Market 8.25% (net of administrative expenses) 3.75% to 14.20% depending on Age, Service, and type of employment 3.50% 3.75% A merit scale varying by duration of employment coupled with an assumed annual inflation component of 3.5% and an annual production growth of 0.25%. Initial unfunded liabilities are amortized over a closed period that depends on the plan's date of entry into Ca1PERS. Subsequent plan amendments are amortized as a level % of pay over a closed 20-year period. Gams and losses that occur in the operation of the plan are amortized over a rolling period, which results in an amortization of 10% of unamortized gains and losses each year. If the plan's accrued liability exceeds the actuarial value of plan assets, then the amortization period may not be lower than the payment calculated over a 30 year amortization period. For the miscellaneous plan, the City was overfunded for the year ended June 30, 2003. Amortization periods are not determined for overfunded plans. The Schedule of Funding Progress below shows the recent history of the actuarial value of assets, actuarial accrued liability, their relationship, and the relationship of the unfunded accrued liability to payroll. Funding Policv Participants are required to contribute 7% of their annual covered salary. The City makes the contributions required of City employees on their behalf and for their account. The City is required to contribute at an actuarially determined rate. For the year ended June 30, 2004, the rate was 10.412% of annual covered payroll. The contribution requirements of plan members and the City are established and may be amended by PERS. 62 CITY OF LA QUINTA ' Notes to the Basic Financial Statements ' (Continued) ' (15) Defined Benefit Pension Plan, (Continued Annual Pension Cost For 2005, the City's annual pension cost (employer contribution) in the amount of $336,348 was equal to the City's required and actual contributions. The required contribution was determined as part of the June 30, 2002, actuarial valuation using the ' entry age normal actuarial cost method. The actuarial assumptions included (a) 8.25% investment rate of return (net of administrative expenses), (b) projected annual salary increases that vary by duration of service, and (c) 2% per year cost -of -living adjustments. ' Both (a) and (b) included an inflation component of 4.5%. The actuarial value of PERS assets was determined using techniques that smooth the effects of short-term volatility in the market value of investments over a four-year period (smoothed market value). Any ' unfunded actuarial accrued liability is amortized as a level percentage of projected payroll on a closed basis. PERS combines the prior service unfunded liability and the current service unfunded liability into a single initial unfunded liability. The single funding horizon for the unfunded liability is June 30, 2011. Miscellaneous Employees Three -Year Trend Information ' Annual Pension Percentage of Net Pension Fiscal Year Cost (APC) APC Contributed Obligation ' 6/30/03 0 100% -0- 6/30/04 0 100% -0- 6/30/05 336,348 100% -0- ' Required Supplementary Information ($ amount in thousands) Entry Age ' Normal Actuarial Unfunded Annual UAAL Accrued Value Liability/ Covered As a % of Valuation Date Liability of Assets (Excess Assets) Funded Status Payroll Payroll 06/30/O1 $6,314,188 8,806,753 (2,492,565) 139.5% 3,349,776 (74.4%) 06/30/02 8,374,878 8,708,115 (333,237) 104.0% 3,783,079 (8.8%) ' 06/30/03 10,343,433 9,225,182 1,118,251 89.2% 4,176,046 26.8% Information for the June 30, 2004 valuation date was not available for inclusion in the ' financial statements. 63 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (,16) Claims Payable/Self Insurance The City is a member of the California Joint Powers Insurance Authority (Authority). The Authority is composed of 106 California public entities and is organized under a joint powers agreement pursuant to California Government Code Section 6500, et seq. The purpose of the Authority is to arrange and administer programs for the pooling of self -insured losses, to purchase excess insurance or reinsurance, and to arrange for group - purchased insurance for property and other coverages. The Authority's pool began covering claims of its members in 1978. Each member government has a representative on the Board of Directors. The Board operates through a 9-member Executive Committee. General Liability Each member government pays a primary deposit to cover estimated losses for a fiscal year (claims year). Six months after the close of a fiscal year, outstanding claims are valued. A retrospective deposit computation is then made for each open claims year. Costs are spread to members as follows: the first $30,000 of each occurrence is charged directly to the city; costs from $30,001 to $750,000 are pooled based on a members share of costs under $30,000; costs from $750,001 to $15,000,000 are pooled based on payroll. Costs to covered claims above $15,000,000 are currently paid by reinsurance. The protection for the City is $50,000,000 per occurrence and $50,000,000 annual aggregate. Workers Compensation The City also participates in the workers compensation pool administered by the Authority. Members retain the first $50,000 of each claim. Claims are pooled separately between public safety and non-public safety. Loss development reserves are allocated by pool and by loss layer ($04100,000 allocated by retained amount and $100,000 to $2,000,000 by payroll). Losses from $50,000 to $100,000 and the loss development reserve associated with losses up to $100,000 are pooled based on the member's share of losses under $50,000. Losses from $100,000 and $2,000,000 and the loss development reserves associated with losses from $100,000 to $2,000,000 are pooled based on payroll. Costs from $2,000,000 and $50,000,000 are transferred to an excess insurance policy. Costs in excess of $50,000,000 are pooled among the Members based on payroll. Administrative expenses are paid from the Authority's investment earnings. During the past three fiscal years none of the above programs of protection have had settlements or judgments that exceeded pooled or insured coverage. There have been no significant reductions in pooled or insured liability coverage from coverage in the prior year. M I CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) ' (17) Contingencies Various claims and suits have been filed against the City in the normal course of ' operations. Although the outcome of these lawsuits is not presently determinable, in the opinion of management, the resolution of these matters will not have a material adverse effect on the financial position of the City. ' (18) Educational Revenue Augmentation Fund (ERAF) Payment During fiscal year ended June 30, 2005, Chapter 1127 of the 2002 Statutes of the State of California require redevelopment agencies to shift $250,000,000 in property tax revenue to kindergarten through twelfth grade schools and community colleges. The State Department of Finance has determined that the La Quinta Redevelopment Agency amount is $2,780,728 of the $250,000,000, which was forwarded to the Riverside County Auditor in accordance with the statute. ' (19) Interfund Receivables and Payables ' Current interfund receivables and payables balances at June 30, 2005 are as follows: Due from other funds Due to other funds Amount ' General Fund Capital Projects Redevelopment Agency PA No. 1 fund $3,273,200 (A) 2004 Low/Mod Bond fund 121,575 (A) Other governmental funds 194,088 (B) Golf Course Fund 305,659 (B) ' Total 4 522 (A) Short term borrowing to cover June 2005 construction project expenditures. ' (B) Short term borrowing to cover temporary cash shortfalls. 65 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (19) Interfund Receivables and Pavables, (Continued) Noncurrent interfund receivable and payable balances at June 30, 2005 are as follows: Advances to other funds Advances from other funds Amount General Fund RDA Debt Service — PA No. 1 $13,727,340 (C) RDA Debt Service — PA No. 2 17,795,380 (D) Golf Course 381,939 (E) Subtotal 31,904,659 RDA Capital Projects — PA No. 1 Other governmental funds 5,938,879 (F) Other governmental funds Other governmental funds 1,122,148 (G) Total R38.965.687 (C) As of June 30, 2005, the amount due to the General Fund From RDA Debt Service — PA No. 1 was $13,727,340. This consists of an outstanding advance of $6,977,481 loaned to the Redevelopment Agency with no required repayment date and accrues interest at 10% per annum. Also, in April 2003, the General Fund advanced $6,105,000 to the RDA Debt Service PA No. 1 to provide funding for capital projects within the project area. As of June 30, 2005, the outstanding advance amount is $6,749,859. The advance accrues interest at 7% per antrum and is to be repaid by November 29, 2033. (D) As of June 30, 2005, the amount due to the General Fund From RDA Debt Service — PA No. 2 was $17,795,380. This consists of an outstanding advance of $11,589,380 loaned to the Redevelopment Agency with no required repayment date and accrues interest at 10% per annum. An outstanding advance of $6,206,000 was made to provide funding for purchase of land for affordable housing and commercial development. The advance accrues interest at 7% per annum and is to be repaid by the date of the sale of the commercial property or May 1, 2030, whichever comes first. (E) In August and September 2004, the General Fund advanced to the Golf Course fund $381,679. The advance accrues interest at 7% per annum and is to be repaid by the golf course out of future profits. 66 ' CITY OF LA QUINTA ' Notes to the Basic Financial Statements (Continued) 1 19) Interfund Receivables and Pavables. (Continued (F) In January 2002, the Redevelopment Agency Capital Projects — PA No. 1 Fund ' advanced $2,448,263 to the Parks and Recreation Fund to provide fimding for civic center campus improvements. The advance accrues interest at the earnings rate of the City's investment pool fimds. Annual installments due July 31, 2002 and 2003 shall not be less than the amount of park facility developer impact fees ' collected by the City during the period to which a particular installment payment applies. In July 2002, an advance of $1,908,192 was made to provide funding for the development of the publicly owned improvements to the La Quinta Community Park. Annual payments will be determined by City Council. In April 2004, another advance of $2,498,530 was made to provide funding for the construction of the public library. Annual payments will be determined by City Council. The remaining balance of these advances at June 30, 2005 is $5,938,879. (G) In February 2003, the Redevelopment Agency Capital Projects — PA No. 2 Fund advanced $1,500,000 to the Fire Facility Fund to provide funding for the development of the City's north fire station. The advance accrues interest equal to the earning rate of the City's Investment Pool Funds and is to be repaid by the year 2039. As of June 30, 2005, the remaining balance of the advances at June 30, 2004 is $1,122,148. (20) Construction Commitments The following material construction commitments existed at June 30, 2005: Expenditures as of Remaining Project Name June 30, 2005 Commitments Silver Rock Resort $24,099,520 18,269,251 Phase 2 — Jefferson Street Improvements (Hwy. 111) 628,523 6,499,572 City Hall Expansion 135,607 3,803,117 Eisenhower Dr. Bridge 715,974 3,035,328 Highway 111 Adams to Jefferson 59,602 2,655,383 67 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (21) Interfund Transfers Interfund transfers were as follows for the year ended June 30, 2005: Transfer In Transfer Amount General Fund Other governmental funds $ 306,711 RDA Debt Service — PA No. I Fund Other governmental funds 2,478,347 (A) RDA Debt Service — PA No. 2 Fund Other governmental funds 4,142,039 (B) Financing Authority Debt Service Fund RDA Debt Service — PA No. 1 Fund 1,995,101 (F) Financing Authority Debt Service Fund RDA Debt Service — PA No. 2 Fund 994,948 Subtotal Financing Authority Debt Service Fund 2,990,049 Capital Improvement Fund Capital Improvement Fund Capital Improvement Fund Capital Improvement Fund Subtotal Capital Improvement Fund RDA Capital Projects — PA No. 1 Fund Other governmental fund General Fund 2,885,472 (C) 2004 Low/Moderate Bond Fund 753,613 RDA Capital Projects — PA No. I Fund 17,612,949 (D) Other governmental funds 17,633,973 (E) 38,886,007 RDA Debt Service — PA No. I Fund 442,928 General Fund 2,000 Total CITY OF LA QUINTA ' Notes to the Basic Financial Statements ' (Continued) ' (21) Interfund Transfers, (Continued) The following describes the major transfers in and transfers out included in the financial statements: Transfers to Maior Funds ' (A) $1,995,101 was transferred from the Low/Moderate Housing Project Area No. 1 Fund to the RDA Debt Service Project Area No. 1 Fund to pay a portion of the 2004 Series A Local Agency Revenue Bond debt service. (B) $3,147,091 was transferred from the Low/Moderate Housing Project Area No. 2 Fund to the RDA Debt Service Project Area No. 2 Fund to as result of the sale of ' housing land to a developer. (C) $2,663,640 was transferred to the Capital Improvement Fund from the General ' Fund to fund the construction of the La Quinta Municipal Library. Other transfers totaled $221,832 at 6/30/05. (D) $16,313,666 was transferred to the Capital Improvement Fund from the RDA ' Capital Projects — PA No. 1 Fund to fund the construction of the SilverRock resort capital project. Other transfers totaled $1,299,283 at 6/30/05. ' (E) $5,783,409 and $1,512,445 was transferred to the Capital Improvement Fund from the RDA Capital Projects — PA No. 1 Taxable Fund and the RDA Capital Projects — PA No. 2 Fund, respectively, to fund the construction of the SilverRock ' resort capital project. $3,746,450 and $2,663,640 was transferred to the Capital Improvement Fund from the Library Developer Impact Fund and the General Fund, respectively, to fund the construction of the La Quinta Municipal Library. ' (F) $1,995,101 was transferred from the RDA Debt Service Project Area No. 1 Fund to the Financing Authority Debt Service Fund to pay a portion of the 2004 Series ' A Local Agency Revenue Bond debt service. 69 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (22) Fund Deficits The following fund had a deficit balance at June 30, 2005: Special Revenue Fund: Federal Assistance Debt Service Fund: Redevelopment Agency — PA No. 2 Capital Projects Fund: Parks and Recreation Library Development Fire Facility Redevelopment Agency — PA No. 2 $ 177,312 7,239,414 3,269,023 2,498,530 1,122,185 The deficit was created by outstanding advances from the General Fund which are intended to be paid back in the future with anticipated tax increment revenues. Parks and Recreation The deficit was created by outstanding advances from Capital Projects Funds — PA No. 1 and 2 to accelerate park projects. The advances are intended to be paid back in the future with future park developer impact fee collections. Library Development The deficit was created by transfers to the Capital Improvements Capital Projects Fund for the construction of the library. The cost for the current year exceeded the developer fees collected in this fund. Fire Facility The deficit was created by transfers to the Capital Improvements Capital Projects Fund for the construction of a fire station. The cost for the current year exceeded the developer fees collected in this fund. 70 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (23) Expenditures in Excess of Appropriations Expenditures for the year ended June 30, 2005 exceeded the appropriations of the following funds/departments: ' General Fund: City Manager Fiscal Services ' Public Safety Building Public Works Administration Public Works Development and Traffic ' Public Works Maintenance L and L Capital Projects Administration Capital Projects Funds ' Parks and Recreation Civic Center Library ' Fire Facility Redevelopment Agency Project Area No. (24) Conduit Debt Financing Budget $445,723 413,168 1,313,294 82,694 1,142,966 934,413 466,462 204,366 503,706 2002 Series B Multifamily Housing Revenue Bonds Actual 620,669 456,935 1,321,862 169,924 1,288,794 939,373 653,184 81,740 205,410 8,482 24,310 558,792 Variance (174,946) (43,767) (8,568) (87,230) (145,828) (4,960) (186,722) (81,740) (1,044) (8,482) (24,310) (55,086) In April 2002, the La Quinta Redevelopment Agency issued $3,000,000 of 2002 Series B Multifamily Housing Revenue Bonds to provide financing for the acquisition, construction and equipping of a multifamily senior rental housing project known as Miraflores Apartments located in the City of La Quinta. The bonds mature on June 1, 2035 and bear interest at 5.5% per annum. Outstanding bonds at June 30, 2005 are $3,000,000. The bond is secured solely by the credit facility, Fannie Mae, and by a pledge of the trust estate comprised of bond proceeds and property. The bond is not an obligation of the issuer, but payable solely from the security. 71 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (25) Unreserved Fund Balances Unreserved fund balances at June 30, 2005 consisted of the following: Capital Debt Service Projects Other General RDA Financing RDA 2004 Low/ Governmental Fund PA No. Authority PA No. 1 Mod Bon Funds Total Designated for: Emergency reserve $15,067,577 - - - - - 15,067,577 Cash flows 2,608,786 2,608,786 Library 11,981 - - - - 11,981 Capital improvements 599,875 589,875 Educational purposes 1,000,000 1,000,000 Economic development 467,072 467,072 Encumbrances/can yover appropriations 1,069,667 1,069,667 operations/projects/ transfers 10,699,419 10,699,419 Undesignated 7 23{ • 9,414) 3 360 3 3(• 07,0531 6( 5,640) 24,333,650 13,724,903 Total unreserved fund balances (deficit) 31.514377 (7239.4141 (3307"0531 (65.6401 243fi511 452$.0 (26) Golf Course Management Agreement The City entered into an agreement with Landmark Golf Management LLC (operator) to manage the golf operations at the city -owned SilverRock Golf Course. The Agreement, entered into on April 6, 2004, sets forth a five year term commencing upon the completion of the golf course. On January 14, 2005, the golf course was deemed to be complete and management was turned over to the operator. The contract provides that the operator will manage the day to day operations, hire employees, provide golf pro shop and food services, manage all marketing and promotional activities, prepare the annual budget report for Council consideration, and manage accounting and payroll functions. In addition to the annual payment for management services, the City has advanced the operator $250,000 to pay for golf course expenses. Twice a month the operator submits a request for reimbursement to the City to replenish the City's advance. In addition, the agreement sets forth the establishment of a capital reserve fund of 2% of green fees. For the fiscal year ending June 30, 2005 the Golf Course had an operating loss of $785,455. 72 ' REQUIRED SUPPLEMENTARY INFORMATION 73 C GENERALFUND GENERAL FUND - The primary fund of the City used to account for all revenue and expenditures of the City not legally restricted as to use. A broad range of municipal activities are provided through this fund including City Manager, City Attorney, Finance, City Clerk, Community Development, Police Services, Fire Services, Public Works, Building and Safety, and Community Services. 74 ' CITY OF LA QUINTA tNotes to Required Supplementary Information Year ended June 30, 2004 r ' (1) Budgets and Budgetary Accounting The City adopts an annual budget prepared on the modified accrual basis of accounting for its governmental funds and on the accrual basis of accounting for its proprietary ' funds. The City Manager or his designee is authorized to transfer budgeted amounts between the accounts of any department. Revisions that alter the total appropriations of any department or fund are approved by City Council. Additional appropriations in the ' amount of $69,505,616 were made during the year. Prior year appropriations lapse unless they are approved for carryover into the following fiscal year. Expenditures may not legally exceed appropriations at the department level. (2) Expenditures in Excess of Appropriations ' Expenditures for the year ended June 30, 2005 exceeded the appropriations of the following funds/departments: Budget Actual Variance General Fund: City Manager $445,723 620,669 (174,946) ' Fiscal Services 413,168 456,935 (43,767) Public Safety Building 1,313,294 1,321,862 (8,568) Public Works Administration 82,694 169,924 (87,230) ' Public Works Development and Traffic 1,142,966 1,288,794 (145,828) Public Works Maintenance L and L 934,413 939,373 (4,960) Capital Projects Administration 466,462 653,184 (186,722) 75 Revenues: Taxes Licenses and permits Charges for services Intergovernmental Investment income Miscellaneous Total revenues Expenditures: General government: Legislative City manager Economic development Personnel Fiscal services Central services City clerk Total general government Public safety: Police Building and safety administrative Code compliance Animal control Building Emergency services Fire Civic center building Total public safety Community services: Senior center Parks and recreation administration Parks and recreation programs Total community services CITY OF LA QUINTA General Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Variance with Prior Budget Final Budget Year Original Final Actual Positive (Negative) Actual $ 12,751,000 12,751,000 16,762,028 4,011,028 13,184,050 966,400 971,400 3,226,167 2,254,767 3,096,145 1,478,800 1,474,000 3,402,602 1,928,602 2,619,578 6,344,340 6,396,441 7,552,035 1,155,594 4,895,986 2,265,300 1,859,300 3,238,808 1,379,508 2,335,154 16,500 333,111 513,030 179,919 109,388 23,822,340 23,785,252 34,694,670 761,385 753,885 537,891 623,222 445,723 620,669 743,550 840,600 795,395 660,679 672,669 382,352 531,024 413,168 456,936 543,607 659,448 556,435 434,611 434,611 415,833 4,298,078 4,220,104 3,765,511 6,636,704 6,813,954 6,136,323 290,317 194,019 169,151 658,084 658,084 497,708 293,479 302,229 208,348 794,000 1,313,294 1,321,862 45,193 45,193 28,815 3,782,040 3,881,825 3,542,046 485,258 485,258 460,330 12,985,075 13,693,856 12,364,583 10,909,418 26,240,301 215,994 640,438 (174,946) 562,001 45,205 720,748 290,317 584,127 (43,768) 440,735 103,013 613,912 1&778 3X259 454,593 3,892,220 677,631 5,285,180 24,868 203,616 160,376 520,714 93,881 188,718 (8,568) 1,131,823 16,378 26,316 339,779 1,831,358 24,928 484,455 1,329,273 9,672,180 359,644 376,294 307,579 68,715 312,606 692,003 778,010 648,149 129,861 577,506 144,203 185,003 148,781 36,222 135,285 1,195,850 1,339,307 1,104,509 234,798 1,025,397 76 1 1 1 1 1 (Continued) CITY OF LA QUINTA General Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual (Continued) Variance with Prior Budget Final Budget Year Original Final Actual Positive (Negative) Actual Planning and development: Community development administration 465,286 465,286 352,158 113,128 350,514 Current planning 507,424 649,585 510,732 138,853 399,930 Total plamning and development 972,710 1,114,871 862,890 251,981 750,444 Public works: Public works administration 194,230 82,694 169,924 (87,230) 91,738 Development and traffic 851,645 1,142,966 1,288,794 (145,828) 1,046,022 Maintenance/operations - St. 591,269 1,566,269 888,104 678,165 501,650 Maintenance/operations - L & L 468,662 934,413 939,373 (4,960) 898,833 Maintenance/operations - Park 837,090 914,140 855,306 58,834 - Capital projects administration 520,565 466,462 653,184 (186,722) 565,551 Total public works 3,463,461 5,106,944 4,794,685 312,259 3,103,794 Total expenditures 22,915,174 25,475,082 22,892,178 2,582,904 18,444,035 Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Transfers out Total other financing sources (uses) Net change in fund balance Fund balance at beginning of year Fund balance at end of year 907,166 (1,689,830) 11,802,492 13,492,322 7,796,266 30,000 522,752 306,711 (216,041) 183,289 (200,454) (3,999,967) (2,887,472) 1,102,495 (959,002) (170,454) (3,467,215) (2,580,761) 886,454 (775,713) 736,712 (5,157,045) 9,221,731 14,378,776 7,020,553 54,705,236 54,705,236 54,705,236 - 47,684,683 S 55,441,948 49,548,191 63,926,967 14,378,776 54,705,236 77 (This page intentionally left blank) 78 I I i 1 I I SUPPLEMENTARY SCHEDULES 79 7 CITY OF LA QUINTA Non -Major Governmental Funds Combining Balance Sheet June 30,2005 Special Capital Revenue Projects Totals Funds Funds 2005 2004 Assets Cash and investments $ 19,227,428 12,171,565 31,398,993 23,143,081 Cash with fiscal agent - 5,096 5,096 8,545,446 Accounts receivable 82,749 60,900 143,649 146,746 Interest receivable 91,485 63,616 155,101 82,045 Notes receivable 12,858,098 - 12,858,098 12,741,527 Due from other governments 179,573 - 179,573 141,715 Advances to other funds - 1,122,148 1,122,148 1,260,695 Deposits 1,110 1,110 - Total assets $ 32,440,443 13,423,325 45,863,768 46,061,255 Liabilities and Fund Balances Liabilities: Accounts payable $ 101,126 8,170 109,296 62,940 Deferred revenue 10,740,225 - 10,740,225 10,618,102 Deposits payable 18,664 27,835 46,499 46,499 Due to other fimds 194,051 37 194,088 2,783,283 Advances from other funds - 7,061,027 7,061,027 5,336,158 1 Total liabilities 11,054,066 7,097,069 18,151,135 18,846,982 Fund balances: Reserved for: Notes receivable 2,117,873 - 2,117,873 2,123,425 Advances to other funds - 1,122,148 1,122,148 - Deposits 1,110 - 1,110 - Unreserved: Designated for capital projects - 13,215,994 13,215,994 20,926,930 Undesignated 19,267,394 (8,011,886) 11,255,508 4,163,918 Total fund balances 21,386,377 6,326,256 27,712,633 27,214,273 Total liabilities and fund balances $ 32,440,443 13,423,325 45,863,768 46,061,255 80 I 1 CITY OF LA QUINTA Non -Major Governmental Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30, 2005 Revenues: Taxes Developer fees Intergovernmental Investment income Special assessments Rental income Loan repayments Miscellaneous Total revenues Expenditures: Current: General government Public safety Planning and development Public works Capital projects Debt service: Principal Interest and fiscal charges Total expenditures Excess (deficiency) of ' revenues over (raider) expenditures ' Other financing sources (uses): Issuance of tax allocation bonds Issuance of revenue bonds t Transfers in Transfers out Proceeds from sale of capital assets ' Total other financing sources (uses) ' Net change in fund balances Fund balances at beginning of year ' Fund balances at end of year Special Capital Revenue Projects Totals Funds Funds 2005 2004 $ 10,282,664 - 10,282,664 9,023,407 1,921,979 4,169,179 6,091,156 5,719,073 1,578,451 190,863 1,769,314 1,031,259 270,211 317,946 588,157 484,780 825,292 - 825,292 816,045 520,243 520,243 431,178 21381,602 2,381,602 612,820 12,392 12,392 474,645 17,792,833 4,677,987 22,470,820 18,592,207 205,410 205,410 207,156 - - - 528 3,553,188 193,088 3,746,276 4,345,461 1,412,084 - 1,412,084 1,432,795 60,429 392,878 453,307 124,821 - - - 113,662 - 162,608 162,608 3,025,628 5,025,701 953,984 5,979,685 9,250,051 12,767,132 3,724,003 16,491,135 9,342,156 - - - 26,400,000 - - 90,000,000 2,000 2,000 5,802,000 (11,358,934) (13,202,136) (24,561,070) (125,121,381) 9,566,295 8,566,295 (2,790,639) (13,202,136) (15,992,775) (2,919,381) 9,976,493 (9,478,133) 498,360 6,422,775 11,409,884 15,804,389 27,214,273 20,791,498 $ 21,386,377 6,326,256 27,712,633 27,214,273 81 L C (This page intentionally left blank) 82 1 NON -MAJOR SPECIAL REVENUE FUNDS ' Special revenue funds are used to account for specific revenues (other than expendable trusts and major capital projects) and the related expenditures that are legally required to be accounted for ' in a separate fund. The City of La Quinta has the following Special Revenue Funds: ' State Gas Tax Fund - To account for gasoline allocations made by the State of California. These revenues are restricted by the State to expenditures for street -related purposes only. ' Federal Assistance Fund - To account for revenues from the Community Development Block Grants received from the Federal Government and the expenditures of those resources. ' State Law Enforcement Block Grant (SLEBG) Fund - To account for state funded "Citizens for Public Safety" (COPS) program activities, as per Assembly Bill 3229, which supplements frontline police services such as anti -gang community crime prevention. ' Indian Gaming Fund - To account for contributions for public safety activities to reduce crime and increase public safety. Lighting and Landscape Special Assessment District 89-1 Fund - To account for special assessments levied on real property and the expenditure thereof from City-wide lighting and landscape maintenance and improvements. ' Riverside County Transportation Commission (RCTC) Fund - To account for grant funds related to transportation projects. ' Quimby Fund - To account for the accumulation of developer fees received under the provisions of the Quimby Act for park development and improvements. Capital projects to be funded from this source will be budgeted and expended in a separate capital projects fund. ' La Quinta Public Safety Officer Fund - To account for contributions to be distributed to public safety officers disabled or killed in the line of duty. ' Arts in Public Places — To account for development fees paid in lieu of acquisition and installation of approved artworks in a development with expenditures restricted to acquisition, installation, maintenance and repair of artworks at approved sites. Urban Forestry Fund - To account for grant revenues received for landscape improvements from the State of California. ' South Coast Air Quality Fund - To account for contributions from the South Coast Air Quality Management District. Use is limited to reduction and control of airborne pollutants. ' Congestion Management Air Quality (CMAQ) Fund - To account for grant funds related to improving air quality. Redevelopment Agency, Low and Moderate Bond Fund P.A. No. 1 and No. 2 Funds - To account for the required 20% set aside of property tax increments that is legally restricted for increasing or improving housing for low and moderate income households. ' 83 CITY OF LA QUINTA Non -Major Special Revenue Funds Combining Balance Sheet June 30,2005 Lighting State Federal Indian and Gas Tax Assistance SLEBG Gaming Landscape RCTC Quimby Assets Cash and investments $ 220,344 584 142,094 1,984,780 Accounts receivable - - - - Interest receivable 1,129 4 846 9,121 Notes receivable - - - - Due from other governments 16,739 35,408 Deposits - - - - Total assets $ 221,473 16,739 588 142,940 35,408 1,993,901 Liabilities and Fund Balances Liabilities: Accounts payable $ 1 Deferred revenue - - - - Deposits payable - - - - - Due to other funds 194,051 Total liabilities 194,051 Fund balances: Reserved for: Notes receivable - - - - Deposits - - - - - Unreserved 221,473 (177,312) 588 142,940 35,408 1,993,901 Total fund balances 221,473 (177,312 588 142,940 35,408 1,993,901 Total liabilities and fund balances $ 221,473 16,739 588 142,940 35,408 1,993,901 84 1 Low/ Low/ Moderate Moderate Arts in Income Income Public Public Urban South Coast Housing- Housing- Totals Safety Places Forestry Air Quality CMAQ PA No. 1 PA No. 2 2005 2004 10,532 903,406 - 148,293 - 6,759,136 9,059,259 19,227,428 9,128,781 - - - - - 74,249 9,500 82,749 83,642 55 4,438 - 720 - 30,346 44,826 91,485 33,377 - - - - - 3,358,098 9,500,000 12,858,098 12,741,527 - - - - - 84,625 42,801 179,573 141,715 - - - - - 1,110 - 1,110 - 10,587 907,844 - 149,013 - 10,306,564 18,655,386 32,440,443 22,129,042 - 12,500 - - - 11,120 77,506 101,126 46,046 - -- - - - 11240,225 9,500,000 10,740,225 10,618,102 - - - - - 18,664 - 18,664 18,664 - - 194,051 36,346 12,500 - 1,270,009 9,577,506 11,054,066 10,719,158 - - - - - 2,117,873 - 2,117,873 2,123,425 - - - - - 1,110 - 1,110 - 10,587 895,344 - 149,013 - 6,917,572 9,077,880 19,267,394 9,286,459 10,587 895,344 - 149,013 - 9,036,555 9,077,880 21,386,377 11,409,884 10,587 907,844 - 149,013 - 10,306,564 18,655,386 32,440,443 22,129,042 W CITY OF LA QUINTA Non -Major Special Revenue Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30, 2005 Lighting Gas Federal Indian and Tax Assistance SLEBG Gaming Landscape RCTC Quimby Revenues Taxes $ - Developer fees - - - - 1,667,144 Intergovernmental 624,196 30,000 100,000 177,250 - Investment income 5,474 588 3,117 - 21,438 Special assessments - - - 825,292 Rental income - Loan repayments Miscellaneous Total revenues 629,670 30,000 100,588 180,367 825,292 1,688,582 Expenditures: Current: Public safety - - - - - Planning and development - - Public works 622,200 789,984 Capital outlay Total expenditures 622,200 - - - 789,884 Excess (deficiency) of revenues over (under) expenditures 7,470 30,000 100,588 180,367 35,408 1,688,582 Other financing sources (uses): Transfers in - - - - - Transfers out (195,531) (197,239) (100,000) (37,427) (289,716) Proceeds from sale of capital assets Total other financing sources (uses) (195,531 ) 1( 97,239) 10( 0,000) (37,427 (289,716 ) Net change in fund balances (188,061) (167,239) 588 142,940 35,408 1,398,866 Fund balances (deficit) at beginning of year 409,534 10,073 595,035 Fund balances (deficit) at end of year $ 221,473 (177,312) 588 142,940 35,408 1,993,901 E. 1 1 1 1 1 1 1 1 1 Low/ Low/ Moderate Moderate Ails in Income Income Public Public Urban South Coast Housing- Housing- Totals Safety Places Fore shy Air Quaility CMAA PA No. 1 PA No. 2 2005 2004 - - 6,773,423 3,509,241 10,292,664 9,023,407 254,834 - - - - - 1,921,978 1,273,832 - - 227,682 419,323 - - 1,578,451 831,259 174 15,262 - 3,146 - 80,270 140,742 270,211 141,461 - - - - - - - 825,292 816,045 - 310,574 209,669 520,243 431,178 - 2,048,855 332,747 2,381,602 612,820 - - - - 12,392 - 12,392 474,645 174 270,096 230,828 419,323 9,225,514 4,192,399 17,792,833 13,604,647 60,429 60,429 174 209,667 2,000 - (79,011) 2,000 (79,011) 2,174 130,656 8,413 764,689 10,587 895,344 12,878 2,189,402 1,350,908 3,553,189 4,171,309 - - - 1,412,084 1,369,745 - - 60,429 124,821 12,878 - 2,189,402 1,350,908 5,025,701 5,666,403 217,950 419,323 7,036,112 2,841,491 12,767,132 7,938,244 2,000 2,000 (198,983) (419,323) (2,478,347) (7,363,357) (11,358,934) (8,215,378) 668,642 7,897,653 8,566,295 (198,983) (419,323) (1,809,705) 534,296 (2,790,639) (8,213,378) 18,967 - 5,226,407 3,375,787 9,976,493 (275,134) 130,046 3,810,148 5,702,093 11,409,884 11,685,018 149,013 9,036,555 9,077,880 21,386,377 11,409,884 T CITY OF LA QUINTA Special Revenue Funds State Gas Tax Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues Intergovernmental $ 562,000 614,600 Investment income 7,900 7,600 Total revenues 569,900 622,200 Expenditures: Current: Public works 569,900 622,200 Total expenditures 569,900 622,200 Excess (deficiency) of revenues over (under) expenditures - - Other financing sources (uses): Transfers out - (275,798 Net change in fund balances Fund balances at beginning of year Fund balances at end of year - (275,798) 409,534 409,534 $ 409,534 133,736 M 624,196 5,474 629,670 622,200 622,200 7,470 (195,531 (188,061) 409,534 221,473 9,596 2,126 7,470 605,143 7,116 612,259 553,700 - 553,700 7,470 58,559 80,267 87,737 87,737 (23,725 34,834 374,700 409,534 1 CITY OF LA QUINTA Special Revenue Funds Federal Assistance Fund ' Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual ' Year ended June 30, 2005 1 ' Budget Variance with Final Budget Prior Year Original Final Actual Positive (negative) Actual Revenues: Intergovernmental $ 160,000 340,355 30,000 310,355 30,000 ' Total revenues 160,000 340,355 30,000 310,355 30,000 Other financing sources (uses): ' Transfers out 3Q000 509,535) (197,239 312,296 32,753 Total other financing ' sources (uses) 30,000 509,535 197,239 312,296 32,753 Net change in fund balances 130,000 (169,180) (167,239) 1,941 (2,753) ' Fund balances (deficit) at beginning of year (10,073 10,073 (10,073 7,320 ' Fund balances (deficit) at end of year $ 119,927 (179,253 177,312 1,941 10,073 89 CITY OF LA QUINTA Special Revenue Funds State Law Enforcement Block Grant (SLEBG) Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Intergovernmental $ 100,000 100,000 - 100,000 Investment income - 588 588 122 Total revenues - 100,000 100,588 588 100,122 Other financing sources (uses): 1 Transfers out - 100,000 100,000 107,974 Total other financing sources (uses) - 100,000 100,000 107 974 Net change in fund balances - - 588 588 (7,852) Fund balances at beginning of year - - - 7,852 Fund balances at end of year $ - 588 588 - e 90 1 CITY OF LA QUINTA II Special Revenue Funds ' Indian Gaming Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Variance with Prior ' Budget Final Budget Year Original Final Actual Positive (negative) Actual ' Revenues: Intergovernmental $ - 177,250 177,250 - _ ' Investment income 3,117 3,117 Total revenues - 177,250 180,367 3,117 Other financing sources (uses): Transfers out - 177,250 37,427 139,823 1 Total other financing sources (uses) 177,250 37,427 139,823 Net change in fund balances - - 142,940 142,940 ' Fund balances at beginning of year - _ - - _ Fund balances at end of year $ - 142,940 142,940 91 CITY OF LA QUINTA Special Revenue Funds ! Lighting and Landscape Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: ! Special assessments $ 925,800 825,800 825,292 508 816,045 Total revenues 825,800 825,800 825,292 508 816,045 Expenditures: Current: Public works 825,800 825,800 789,884 35,916 816,045 Total expenditures 825,800 825,800 789,884 35,916 816,045 Net change in fund balances - - 35,408 35,408 - Fund balances at beginning of year - - - ! Fund balances at end of year $ - 35,408 35,408 92 ! ! CITY OF LA QUINTA Special Revenue Funds Riverside County Transportation Commission (RCTC) Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Revenues: Investment income Total revenues Other financing sources (uses): Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year Budget Original Final $ 100,000 411,644 100,000 411,644 (1,660,635) (2,056,829 (1,660,635) 2,056,829 (1,560,635) (1,645,185) $ 1,560,635 (1,645,185 93 Variance with Prior Final Budget Year Actual Positive (negative) Actual 411,644 411,644 2,056,829 2,056,829 1,645,185 1,645,185 CITY OF LA QUINTA Special Revenue Funds Quimby Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Revenues: Developer fees Investment income Total revenues Other financing sources (uses): Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year Budget Original Final Variance with Final Budget Actual Positive (negative) Prior Year e,.. -i $ 150,000 150,000 1,667,144 1,517,144 344,198 3,900 3,900 21,438 17,538 8,387 153,900 153,900 1,688,582 1,534,682 352,585 945,147 289,716 655,431 146,321 945147 289,716 153,900 (791,247) 1,398,866 595,035 595,035 595,035 $ 748,935 196,212 1,993,901 655,431 146,321 2,190,113 206,264 - 388,771 2,190,113 595,035 CITY OF LA QUINTA Special Revenue Funds Public Safety Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues Investment income $ 100 100 174 74 159 Total revenues 100 100 174 74 159 Expenditures: Current: Public safety 2,000 2,000 - 2,000 - Total expenditures 2,000 2,000 - 2,000 - Excess (deficiency) of revenues over (under) expenditures 1,900 1,900 174 2,074 159 Other financing sources (uses): Transfers in 2,000 2,000 2,000 - 2,000 Total other financing sources (uses) 2,000 2,000 2,000 2,000 Net change in fund balances 100 100 2,174 2,074 2,159 Fund balances at beginning of year 8,413 8,413 8,413 - 6,254 Fund balances at end of year $ 81513 8,513 10,587 2,074 8,413 95 CITY OF LA QUINTA Special Revenue Funds Arts in Public Places Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Developer fees $ 97,500 97,500 254,834 157,334 287,054 Investment income 1,100 1,100 15,262 14,162 13,578 Total revenues 98,600 98,600 270,096 171,496 300,632 Expenditures: Current: Community services 5,300 5,300 - 5,300 - Capital outlay 447,425 188,813 60,429 128,384 124,821 Total expenditures 452,725 194,113 60,429 133,684 124,821 Excess (deficiency) of revenues over (under) expenditures 354,125 95,513 209,667 305,180 175,811 Other financing sources (uses): Transfers out 366,826 79,011 287,815 19,166 Net change in fund balances (354,125) (462,339) 130,656 592,995 156,645 Fund balances at beginning of year 764,688 764,688 764,688 - 608,043 Fund balances at end of year $ 410,563 302,349 895,344 592,995 764,688 W. CITY OF LA QUINTA Special Revenue Funds Urban Forestry Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Revenues: Intergovernmental Total revenues Net change in fund balances Fund balances at beginning of year Fund balances (deficit) at end of year Budget Original Final $ 1,100 1,100 1,100 1,100 1,100 1,100 $ 1,100 1,100 97 Variance with Prior Final Budget Year Actual Positive (negative) Actual 1,100 1,100 (1,100) CITY OF LA QUINTA Special Revenue Funds South Coast Air Quality Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual e Year ended June 30, 2005 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual e Revenues: Intergovernmental $ 34,415 250,819 227,682 (23,137) 35,448 Investment income 2,000 2,000 3,146 1,146 2,072 Total revenues 36,415 252,819 230,828 21,991 37,520 Expenditures: Current: Planning and development 22,945 22,945 12,878 10,067 17,386 Total expenditures 22,945 22,945 12,878 10,067 17,386 Excess (deficiency) of revenues over (under) expenditures 13,470 229,874 217,950 (11,924 20,134 Other financing sources (uses): Transfers out - (216,404 (198,983 17,421 - Total other financing sources (uses) - 216,404 199,983 17,421 - Net change in fund balances 13,470 13,470 18,967 5,497 20,134 Fund balances at beginning of year 130,046 130,046 130,046 - 109,912 Fund balances at end of year $ 143,516 143,516 149,013 5,497 130,046 1 99 ' CITY OF LA QUINTA Special Revenue Funds ' Congestion Management Air Quality (CMAQ) Fund Schedule of Revenues, Expenditures and Changes ' in Fund Balances - Budget and Actual Year ended June 30, 2005 ' Variance with Prior Budget Final Budget Year ' Original Final Actual Positive (negative) Actual Revenues: ' Intergovernmental $ 553,785 553,785 419,323 134,462 Total revenues 553,785 553,785 419,323 134,462 Other financing sources (uses): Transfers out - 553,785 419,323 134,462 ' Total other financing sources (uses) 553,785 419,323 134,462 ' Net change in fund balances 553,785 - - - - Fund balances at beginning of year - - ' Fund balances at end of year $ 553,785 - ' 99 Revenues: Taxes Developer fees Investment income Rental income Loan repayments Miscellaneous Total revenues CITY OF LA QUINTA Special Revenue Funds Low/Moderate Income Housing Project Area No. 1 Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Budget Original Final Variance with Final Budget Actual Positive (negative) $ 6,246,300 6,480,979 6,773,423 Expenditures: Current: Planning and development Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers out Proceeds from sale of capital assets Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year 20,800 20,800 80,270 341,000 341,000 310,574 - - 2,048,855 12,392 6,609,100 6,842,779 9,225,514 3,786,329 5,620,980 2,189,402 3,786,329 5,620,980 2,189,402 2,821,771 1,221,799 7,036,112 (1,733,369) (2,478,347) (2,478,347) 150,000 990,000 668,642 (1,583,369) . 1,488,34 1,809,705 1,238,402 (266,548) 5,226,407 3,910,148 3,810,148 3,810,148 $ 5,048,550 3,543,600 9,036,555 100 292,444 59,470 (30,426) 2,048,855 12,392 2,382,735 3,431,578 3,431,578 5,814,313 321,358 321,358 5,492,955 5,492,955 Prior Year n ,.. —1 5,991,739 20,275 367,598 490,398 366,076 7,236,086 3,591,028 3,591,028 3,645,058 (3,948,080) 3,948,080 (303,022) 4,113,170 3,810,148 I ' CITY OF LA QUINTA Special Revenue Funds ' Low/Moderate Income Housing Project Area No. 2 Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual ' Year June 30, 2005 ended Variance with Prior ' Budget Final Budget Year Original Final Actual Positive (negative) Actual ' Revenues: Taxes $ 3,115,000 3,345,543 3,509,241 163,698 3,031,668 Developer fees 7,054,074 7,054,074 - (7,054,074) 622,305 ' Investment income 24,100 24,100 140,742 116,642 109,504 Rental income 209,669 209,669 63,580 ' Repayment of loans Miscellaneous = 332,747 332,747 122,422 108,569 Total revenues 10,193,174 10,423,717 4,192,399 (6,231,318) 4,058,048 ' Expenditures: Current: ' Planning and development 5,363,759 6,047,702 1,350,908 4,696,794 562,895 Total expenditures 5,363,759 6,047.702 1,350,908 4,696,794 562,895 ' Excess (deficiency) of revenues over (under) expenditures 4,829,415 4,376,015 2,841,491 (1,534,524) 3,495,153 ' Other financing sources (uses): Transfers out (337,867) (7,350,044) (7,363,357) (13,313) (3,775,970) Proceeds from sale of capital assets - 8,637,300 7,897,653 (739,647) Total other financing sources (uses) (337,867) 1,287,256 534,296 (752,960) (3,775,970) ' Net change in fund balances 4,491,548 5,663,271 3,375,787 (2,287,484) (280,817) ' Fund balances at beginning of year 5,702,093 5,702,093 5,702,093 5,982,910 1 Fund balances at end of year $10,193,641 11,365,364 9,077,880 (2,287,484) 5,702,093 101 (This page intentionally left blank) 1030) MAJOR DEBT SERVICE FUNDS ' Debt Service Funds are used to account for the accumulation of resources for, and the payment of, governmental long-term debt principal and interest. The City of La Quinta has the following Debt Service Funds: ' Redevelopment Agency, P.A. No. 1 and No. 2 - To account for the accumulation of resources for the payment of debt service for bond principal interest and trustee fees. ' La Quinta Financing Authority Fund - To account for rental activity for the Civic Center and rental income used to pay the Financing Authority Civic Center and 2004 Local Agency Revenue Bond debt obligations. 1 L 1 103 Revenues: Taxes Investment income Total revenues CITY OF LA QUINTA Debt Service Funds Redevelopment Agency Project Area No. 1 Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual $ 24,985,400 25,923,915 27,093,693 1,169,778 23,966,954 66,000 66,000 255,628 189,628 201,721 25,051,400 25,989,915 27,349,321 1,359,406 24,168,675 Expenditures: Current: Planning and development Debt service: Principal Interest Payment to bond escrow Payments under pass -through obligations Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Payment to bond escrow Transfers in Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year 496,585 496,585 365,810 130,775 377,920 5,455,689 3,121,114 3,121,114 - 2,920,707 9,798,281 8,882,733 8,967,948 (85,215) 9,018,569 - - - - 1,253,848 14,177,282 14,338,587 14,421,097 (82,510) 11,767,922 29,927,837 26,839,019 26,875,969 (36,950) 25,338,966 (4,876,437) (849,104) 473,352 1,322,456 (1,170,291) - - - (15,708,019) 1,733,369 2,478,347 2,478,347 18,693,322 - (2,438,029) (2,438,029) - 1,733,369 40,318 40,318 - 2,985,303 (3,143,068) (808,786) 513,670 1,322,456 1,815,012 4,088,071 4,088,071 4,088,071 - 2,273,059 $ 945,003 3,279,285 4,601,741 1,322,456 4,088,071 104 ■ J 1 CITY OF LA QUINTA Debt Service Funds Redevelopment Agency Project Area No. 2 Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Revenues: Taxes Investment income Total revenues Expenditures: Current: Planning and development Debt service: Principal Interest Payment to bond escrow Payments under pass -through obligations Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Payment to bond escrow Transfers in Transfers out Total other financing sources (uses) Net change in fund balances Fund balances (deficit) at beginning of year Fund balances (deficit) at end of year Budget Original Final Variance with Final Budget Actual Positive (negative) Prior Year $ 12,459,800 13,382,173 14,036,962 654,789 12,126,671 - - 174,272 174,272 75,625 12,459,800 13,382,173 14,211,234 929,061 12,202,296 179,013 179,013 180,374 (1,361) 168,983 185,425 95,000 195,000 (100,000) 276,169 570,706 1,782,844 1,782,844 1,536,694 - _ - 337,259 10,605,577 11,394,169 11,335,224 58,945 91680,225 11,540,721 13,451,026 13,493,442 (42,416) 11,999 330 919,079 (68,853) 717,792 786,645 202,966 - - - - (4,246,981) 337,867 4,099,819 4,142,039 42,220 4,922,224 - (994,948) (994,948) (5,800,000) 337,867 3,104,871 3,147,091 42,220 (5,124,757) 1,256,946 3,036,018 3,864,983 829,865 (4,921,791) (11,104,297) (11,104,297) (11,104,297) - (6,192,506) $ (9,847,351) (8,068,279) (7,239,414) 828,865 (11,104,297) 1 105 CITY OF LA QUINTA Debt Service Funds Financing Authority Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Revenues: Investment income Rental income Miscellaneous Total revenues Expenditures: Current: Planning and development Debt service: Principal Interest Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year Budget Original Final Variance with Final Budget Actual Positive (negative) $ - - 58 681,200 681,200 681,220 10,000 10,000 3,481 691,200 691,200 684,759 9,686 9,686 5,231 315,000 315,000 315,000 366,220 3,356,269 3,356,269 690,906 3,680,955 3,676,500 58 20 (6,519) (6,441) 4,455 4,455 294 2,989,755 2,991,741 (1,986) 2,990,049 2,990,049 - 2,990,049 2,990,049 294 294 (1,692) 5,052 5,052 5,052 $ 5,346 5,346 3,360 Prior Year A _ ___I 100 680,772 9,686 690,558 5,205 300,000 380,830 686,035 4,523 4,523 529 5,052 106 MAJOR AND NON -MAJOR CAPITAL PROJECTS FUNDS Capital projects funds account for the financial resources to be used for the acquisition, construction or improvements of major capital facilities and infrastructure. The City of La Quinta has the following Major Capital Projects Funds: ' Capital Improvement Fund - To account for the planning, design and construction of various capital projects throughout the City of La Quinta and the Redevelopment Agency. t Redevelopment Agency Capital Projects Fund Area 1 — To account for the bond proceeds, interest and other funding that will be used for development, planning, construction and land ' acquisition. 2004 Low/Moderate Bond Fund — To account for the 2004 revenue bond proceeds that will be used to finance projects benefiting low and moderate income housing in La Quinta ' Redevelopment Project Area No. 1 and Project Area No. 2. The City of La Quinta has the following Non -Major Capital Projects Funds: ' Infrastructure Fund - To account for the accumulation of resources provided through developer fees for the acquisition, construction or improvement of the City's infrastructure, prior to adoption of the new Developer Impact Fee Structure on August 16, 1999. This fund accounts for all developer resources received prior to this date, and is budgeted by the Council through adoption of the annual capital improvement program budget. ' Transportation Fund Parks and Recreations Fund Civic Center Fund Library Development Fund Community Center Fund Street Facility Fund Park Facility Fund, Fire Facility Fund — To account for the accumulation of resources provided through developer fees for the acquisition, ' construction, or improvement of the City's infrastructure. The Developer Impact Fee was adopted by the City Council on August 16, 1999. Six new funds have been established to account for the specific impact areas of these fees, and are budgeted by the Council through adoption of the annual Capital Improvement Program budget. County Library Development Fund — To account for the accumulation of County resources for the acquisition, construction or improvement of the City's library. ' Assessment District 2000-1 Phase VI Fund — To account for the bond proceeds and other funding that will be used for improvements to Assessment District 2000-1. t Redevelopment Agencv Capital Projects Fund Area 2 - To account for the bond proceeds, interest and other funding that will be used for development, planning, construction and land acquisition. Redevelopment Agency Taxable Capital Projects Fund Area 1 — To account for the bond proceeds, interest and other funding that will be used to finance capital projects. ' Financing Authority Capital Projects Fund - To account for the Public Financing Authority bond proceeds that will be used for specific projects and programs of the City. 107 1 1. CITY OF LA QUINTA Non -Major Capital Projects Funds Combining Balance Sheet June 30,2005 County Parks and Civic Library Library Communit Infrastructure Transportation Recreation Center Development Development Center Assets Cash and investments $ 863,719 7,165,737 169,039 2,151,594 - 9,554 791,680 Cash with fiscal agent - - _ _ _ - _ Accounts receivable - Interest receivable 4,872 37,700 2,287 11,082 - 327 4,033 Advances to other funds - _ Total assets $ 868,591 7,203,437 171,326 2,162,676 - 9,881 795,713 Liabilities and Fund Balances Liabilities: Accounts payable $ - _ _ - _ _ - Deposits payable Due to other funds _ _ _ Advances from other funds 3,440,349 2,498,530 Total liabilities - — 3,440,349 2,498,530 - - Fund balances: Unreserved: Designated for capital projects 868,591 7,203,437 - 2,162,676 - 9,881 795,713 Undesigated (3,269,023 ) - ' (2,498,530) - - Total fund balances 868,591 7,203,437 (3,269,023 ) 2,162,676 (2,498,530) 9,881 795,713 Total liabilities and fund balances $ 868,591 7,203,437 171,326 2,162,676 - 9,881 795,713 108 1 Redevelopment Redevelopment Agency Financing Street Park Fire A.D. 2000-1 Agency Taxable Bond Authority Totals Facility Facility Facility Phase VI PA No.2 PA No.I Projects 2005 2004 ' 178,435 44,717 - 310,050 485,119 - 1,921 12,171,565 14,014,300 - - - 5,096 5,096 8,545,446 _ - 60,900 - - 60,900 63,104 907 226 1,511 677 63,616 48,669 1,122,148 - - 1,122,148 1260,695 ' 179.342 44,943 - 311,561 1,668,839 - 7,017 13,423,325 23,932,213 - - 8,170 - - 8,170 16,894 27,835 - - 27,835 27,835 37 - - = 37 2,746,937 ' - - 1,122,148 _ 7,061,027 5,336,158 - - 1,122,185 - 36,005 - 7,097,069 8,127,824 ' ' 179,342 44,943 - 311,561 1,632,833 - 7,017 13,215,994 20,926,930 - - (1,122,185) - - - (6,889,738) (5,122,541) ' 179,342 44,943 (1,122,185) 311,561 1,632,833 - 7,017 6,326,256 15,804,389 ' 179,342 44,943 - 311,561 1,668,838 - 7,017 13,423,325 23,932213 109 CITY OF LA QUI ITA Non -Major Capital Projects Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30, 2005 County Parks and Civic Library Library Community Infrastructure Transportation Recreation Center Development Development Center Revenues: Developer fees $ - 2,239,022 717,856 576,248 297,033 - 138,328 Intergovernmental - - - - - 190,863 - hivestment income 16,302 131,328 3,953 37,658 24,750 1,699 13,669 Total revenues 16,302 2,370,350 721,809 613,906 321,783 192,562 151,997 Expenditures: Current: General government - - - 205,410 - _ - Plaruung and development _ _ _ - Public works - 392,878 _ _ Debt service: Interest and fiscal charges - 81,740 8,482 Total expenditures 392,878 81,740 205,410 8,482 - Excess (deficiency) of revenues over (under) expenditures 16,302 1,977,472 640,069 408,496 313,301 192,562 151,997 Other financing sources (uses): Issuance of tax allocation bonds - _ _ _ Issuance of revenue bonds Bond premium and discount Transfers in - Transfers out (296,820 ) 1,1( 13,129) (47,440) 13( 5,607) 3,746,450 (590,863 ) - Total other financing sources (uses) 296,820 1,113,129 (47,440) 135,607 3,7( 46,450) 5( 90,963) _ Net change in fund balances (280,518) 864,343 592,629 272,889 (3,433,149) (398,301) 151,997 Fund balances (deficit) at beginning of year 1,149,109 6,339,094 3,8( 61,652) 1,889,787 934,619 408,182 643,716 Fund balances (deficit) at end of yea $ 868,591 7,203,437 3 269,023 2,162,676 2,498 530 9,881 795,713 110 1 Redevelopment Redevelopment Agency Financing Street Park Fire A.D. 2000-1 Agency Taxable Bond Authority Totals Facility Facility Facility Phase VI PA No. 2 PA No.I Projects 2005 2004 30,495 7,182 163,014 - _ = 4,169,178 4,444,241 = 190,963 200,000 3,075 792 - 6,559 38,475 39,593 93 317,946 343,319 ' 33,570 7,974 163,014 6,559 38,475 39,593 93 4,677,987 4,987,560 _ _ _ _ _ - - 205,410 207,156 193,088 - - 193,088 174,152 = 392,879 63,050 24,310 - - 48,076 162,608 1,632,894 49,076 953,984 2,077,252 - 24,310 - 193,088 - 33,570 7,974 139,704 6,559 (154,613) 39,593 (47,983) 3,724,003 2,910,308 t_ _ _ _ _ - _ - 26,400,000 90,000,000 - (1,506,396) _ 5,800,000000 (147,372) (1,341,046) (5,783,409) - (13,202,136) (116,906,003) (147,372) (1,341,046) (5,783,409) - (13,202,136) 3,787,601 ' 33,570 7,974 138,704 (140,813) (1,495,659) (5,743,916) (47,983) (9,478,133) 6,697,909 ' 145,772 36,969 1,260,889 452,374 3,129,492 5,743,816 55,000 15,904,389 9,106,480 179,342 44,943 1,122,185 311,561 1,632,833 - 7,017 6,326,256 15,804,389 I11 �esens CITY OF LA QUINTA Capital Projects Funds Capital Improvement Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues Developer fees $ 87,500 - Intergovemmental - 8,476,114 921,527 Miscellaneous Total revenues - 8,563,614 921,527 Expenditures: Capital projects 15,011,762 83,670,473 39,559,080 Debt service: Principal 162,546 162,546 162,546 Interest and fiscal charges 85,908 85,908 85,908 Total expenditures 15,260,216 83,918,927 39,807,534 Excess (deficiency) of revenues over (under) expenditures (15,260,216) (75,355,313) (38,886,007) Other financing sources (uses): Transfers in 75,355,313 38,886,007 Transfers out - - Total other financing sources (uses) 75,355,313 38,886,007 Net change in fund balances (15,260,216) - - Fund balances at beginning of year - Fund balances at end of year $ (15,260,216) (87,500) (7,554,587) 5,931,382 153,000 (7,642,087) 6,084,382 44,111,393 43,207,098 44,111,393 43,207,098 36,469,306 (37,122,716) (36,469,306) 44,625,348 (7,502,632) (7,502,632) (43,971,938) 37,122,716 (7,502,632) - (7,502,632) 112 1 r 1 1 CITY OF LA QUINTA Capital Projects Funds Redevelopment Agency Project Area No. 1 Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Revenues: Investment income Rental income Total revenues Expenditures: Current: Planning and development Total expenditures Excess (deficiency) of revenues over(under)expenditures Other financing sources (uses): Transfers in Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual $ 900,000 767,036 (132,964) 635,823 - - 6,794 - 900,000 767,036 (132,964) 642,617 607,306 503,706 559,792 (55,086) 1,832,408 607,306 503,706 558,792 (55,086) 1,832,408 (607,306) 396,294 208,244 442,928 442,928 (2,776,000) (39,762,752) (17,612,949) (2,776,000) (39,319,824) (17,170,021) (3,383,306) (38,923,530) (16,961,777) 47,403,373 47,403,373 47,403,373 $ 44,020,067 8,479,843 30,441,596 113 1 (188,050) (1,189,791) 14,064,243 22,149,803 (6,561,612) 22,149,803 7,502,631 21,961,753 6,312,840 - 41,090,533 21,961,753 47,403,373 CITY OF LA QUINTA Capital Projects Funds 2004 Low/Moderate Income Bond Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Revenues: Investment income Total revenues Other financing sources (uses): Transfers in Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual $ 1,000,000 1,191,332 191,332 2,781 1,000,000 1,191,332 191,332 2,781 1920,965 (753,613) (1,920,965) (753,613) - (920,965) 437,719 57,656,982 57,656,982 57,656,982 $ 572656,982 56,736,017 58,094,701 - 66,323,236 1,167,352 (8,669,035) 1,167,352 57,654,201 1,358,684 57,656,982 1,358,684 57,656,982 114 1 CITY OF LA QUINTA Capital Projects Funds Infrastructure Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 ' Variance with Prior Budget Final Budget Year ' Original Final Actual Positive (negative) Actual Revenues: Investment income $ 15,600 15,600 16,302 702 31,458 Total revenues 15,600 15,600 16,302 702 31,458 ' Other financing sources (uses): Transfers out 1,140,356) (296,820) 843,536 (I,120,840) ' Total other financing sources (uses) - (1,140,356) (296,820) 843,536 (1,120,840) ' Net change in fund balances 15,600 (1,124,756) (280,518) 844,238 (1,089,382) Fund balances at beginning of year 1,149,109 1,149,109 1,149,109 - 2,238,491 ' Fund balances at end of year $ 1,164,709 24,353 868,591 844,238 1,149,109 1 115 CITY OF LA QUINTA Capital Projects Funds Transportation Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues Developer fees $ 721,400 721,400 2,239,022 Investment income 37,300 37,300 131,328 Total revenues 758,700 758,700 2,370,350 Expenditures: Current: Public works 392,878 392,878 Total expenditures - 392,878 392,878 Excess (deficiency) of revenues over (under) expenditures 758,700 365,822 1,977,472 Other financing sources (uses): Transfers out (1,853,550) (4,377,866) 1,113,129 Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year (1,853,550) 4,377,866 1,113,129 (1,094,850) (4,012,044) 864,343 6,339,094 6,339,094 6,339,094 $ 5,244,244 2,327,050 7,203,437 1,517,622 2,358,474 94,028 90,615 1,611,650 2,449,089 63,050 63,050 1,611,650 2,386,039 3,264,737 22,420 3,264,737 22,420 4,876,387 2,363,619 - 3,975,475 4,876,387 6,339,094 116 CITY OF LA QUINTA ' Capital Projects Funds Parks and Recreation Fund ' Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual ' Year ended June 30, 2005 Variance with Prior Budget Final Budget Year Original Filial Actual Positive (negative) Actual Revenues: ' Developer fees $ 251,000 501,000 717,856 216,856 837,411 Investment income 3,953 3,953 21,823 1 Total revenues 251,000 501,000 721,809 220,809 859,234 Expenditures: ' Debt service: Interest and fiscal charges - 81,740 (81,740) 103,476 ' Total expenditures - 81,740 (81,740) 103,476 Excess (deficiency) of ' revenues over (under) expenditures 251,000 501,000 640,069 139,069 755,758 Other financing sources (uses): ' Transfers out (214,814) (47,440) 167,374 (403,751) Total other financing ' sources (uses) (214,814) (47,440) 167,374 (403,751) Net change in fund balances 251,000 286,186 592,629 306,443 352,007 ' Fund balances (deficit) at beginning of year (3,861,652) (3,861,652) (3,861,652) - (4,213,659) 1 Fund balances (deficit) at end of year $ (3,610,652) (3,575,466) (3,269,023) 306,443 (3,861,652) ' 117 CITY OF LA QUINTA Capital Projects Funds Civic Center Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Revenues: Developer fees Investment income Total revenues Expenditures: Current: General government Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers out Total other financing sources (uses) Year ended June 30, 2005 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual $ 192,500 192,500 576,248 383,748 539,955 - - 37,658 37,658 33,929 192,500 192,500 613,906 421,406 573.,884 204,366 204,366 205,410 1,044 207,156 204,366 204,366 205,410 1,044 207,156 (11,866) 11,866 408,496 420,362 (3,081,187) 3,281,724 135,607 3,146,117 3,081,18 3,281,724 135,607 Net change in fund balances (3,093,053) (3,293,590) 272,989 Fund balances at beginning of year 1,889,787 1,889,787 1,889,787 Fund balances at end of year $ 1,203,266 1,403,803 2,162,676 3,146,117 3,566,479 3,566,479 366,728 260,154 260,154 106,574 1,783,213 1,889,787 118 CITY OF LA QUINTA ' Capital Projects Funds Library Development Fund ' Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual ' Year ended June 30, 2005 ' Variance with Prior Budget Final Budget Year ' Original Final Actual Positive (negative) Actual Revenues: ' Developer fees $ 112,500 112,500 297,033 184,533 356,492 Investment income - - 24,750 24,750 17,177 Total revenues 112,500 112,500 321,783 209,283 373,669 Expenditures: ' Debt service: Interest and fiscal charges - 8,482 8,482 - Total expenditures - - 8,492 8,482 - Excess (deficiency) of revenues over (under) expenditures 112,500 112,500 313,301 200,801 373,669 Other financing sources (uses): Transfers out 3,746,450 3,746,450 329,480 Total other financing ' sources (uses) 3,746,450 3,746,450 328,480 ' Net change in fund balances 112,500 (3,633,950) (3,433,149) 200,801 45,189 Fund balances at beginning of year 934,619 934,619 934,619 - 889,430 ' Fund balances (deficit) at end of year 1 $ 1,047,119 (2,699,331 2,498,530 200,801 934,619 119 CITY OF LA QUINTA Capital Projects Funds County Library Development Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Intergovernmental $ 190,863 190,863 190,863 - 200,000 Investment income 100 100 1,699 1,599 5,879 Total revenues 190,963 190,963 192,562 1,599 205,879 Other financing sources (uses): Transfers out - 590,863 590,863 - - Total other financing sources (uses) (590,863 590,863 - - Net change in fund balances 190,963 (399,900) (398,301) 1,599 205,879 Fund balances at beginning of year 408,182 408,182 408,182 - 202,303 Fund balances at end of year $ 599,145 8,282 9,881 1,599 408,182 120 CITY OF LA QUINTA Capital Projects Funds ' Community Center Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual ' Year ended June 30, 2005 Variance with Prior Budget Final Budget Year ' Original Final Actual ositive (negative Actual ' Revenues: Developer fees $ 48,500 48,500 138,328 89,828 153,585 ' Investment income 10,700 10,700 13,669 2,969 10,338 Total revenues 59,200 59,200 151,997 92,797 163,923 Fund balances at beginning of year 643,716 643,716 643,716 - 479,793 ' 643,716 Fund balances at end of year $ 702,916 702,916 795,713 92,797 1 121 CITY OF LA QUINTA Capital Projects Funds , Street Facility Fund Schedule of Revenues, Expenditures ' and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual , Revenues: 1 Developer fees $ 9,800 9,800 30,495 20,695 31,828 Investment income 1,900 1,900 3,075 1,175 2,435 , Total revenues 11,700 11,700 33,570 21,870 34,263 Fund balances at beginning of year 145,772 145,772 145,772 - 111,509 , Fund balances at end of year $ 157,472 157,472 179,342 21,870 145,772 ' 122 CITY OF LA QUINTA ' Capital Projects Funds Park Facility Fund ' Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual ' Year ended June 30, 2005 ' Variance with Prior Budget Final Budget Year ' Original Final Actual Positive (negative) Actual Revenues: Developer fees $ 2,500 2,500 7,182 4,682 9,151 ' Investment income 500 500 792 292 637 ' Total revenues 3,000 3,000 7,974 4,974 9,788 Fund balances at beginning of year 36,969 36,969 36,969 - 27,181 ' 4,974 36,969 Fund balances at end of year $ 39,969 39,969 44,943 123 CITY OF LA QUINTA Capital Projects Funds e Fire Facility Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Developer fees $ 32,100 32,100 163,014 130,914 157,345 Investment income - - - - 598 Total revenues 32,100 32,100 163,014 130,914 157,943 Expenditures: Debt service: Interest and fiscal charges 24,310 24,310 10,186 ' Total expenditures - 24,310 24,310 10,186 , Excess (deficiency) of revenues over (under) expenditures 32,100 32,100 138,704 106,604 ' 147,757 Other financing sources (uses): ' Transfers out (1,500,000) 1,500,000 - 1,500,000 1,500,000 Total other financing ' sources (uses) (1,500,000) (1,500,000) - 1,500,000 (1,500,000) Net change in fund balances (1,467,900) (1,467,900) 138,704 114,657 (1,352,243) ' Fund balances (deficit) , at beginning of year (1,260,889) (1,260,889) 1,260,889 - 91,354 Fund balances (deficit) at end of year $ 2,728,789 2,728,789 1,122,185 114,657 1,260,889 124 1 CITY OF LA QUINTA 1 Capital Projects Funds A.D. 2000-1 Phase VI Fund 1 Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 1 Year ended June 30, 2005 1 1 Variance with Prior Budget Final Budget Year 1 Original Final Actual Positive (negative) Actual Revenues: 1 Investment income $ 6,000 6,000 6,559 559 8,013 1 Total revenues 6,000 6,000 6,559 559 8,013 1 Other financing sources (uses): Transfers 142,507 147,372 (4,865) out 1 Total other financing sources (uses) 142,507 147,372 (4,865) 1 Net change in fund balances 6,000 (136,507) (140,913) (4,306) 8,013 1 Fund balances at beginning of year 452,374 452,374 452,374 - 444,361 Fund balances at end of year $ 458,374 315,867 311,561 4,306 452,374 1 1 i 1 1 125 1 CITY OF LA QUINTA Capital Projects Funds Redevelopment Agency Project Area No. 2 Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Budget Original Final Revenues Variance with Final Budget Actual Positive (negative) Investment income $ 50,000 38,475 Total revenues 50,000 38,475 Expenditures: Current: Planning and development 202,413 202,413 193,088 Total expenditures 202,413 202,413 193,088 Excess (deficiency) of revenues over (under) expenditures (202,413) (152,413) 154,613 Other financing sources (uses): Transfers in - - - Transfers out (1,826,079) (1,341,046) Total other financing sources (uses) 1,826,079 1,341,046 Net change in fund balances (202,413) (1,978,492) (1,495,659) Fund balances at beginning of year 3,128,492 3,128,492 3,128,492 Fund balances at end of year $ 2,926,079 1,150,000 1,632,833 126 11,525 11,525 Prior Year . _. __, 49,219 49,219 9,325 174,152 ' 9,325 174,152 (2,200) (124,933) - 5,800,000 485,033 5,623,604 485,033 176,396 482,833 51,463 - 3,077,029 482,833 3,128,492 CITY OF LA QUINTA ' Capital Projects Funds Redevelopment Agency Taxable Bond Project Area in No. 1 Budget Actual Schedule of Revenues, Expenditures and Changes Fund Balances - and Year ended June 30, 2005 ' Variance with Prior Budget Final Budget Year tOriginal Final Actual Positive (negative) Actual Revenues: ' Investment income $ 50,000 39,593 (10,407) 71,198 Total revenues 50,000 39,593 (10,407) 71,198 ' Expenditures: Debt service: Interest and fiscal charges 949,968 ' Total expenditures - 949,968 ' Excess (deficiency) of revenues over (under) expenditures 50,000 39,593 (10,407) (878,770) ' Other financing sources (uses): Issuance of revenue bonds - - - 26,400,000 Transfers out (5,778,816) (5,783,409) (4,593) (19,777,414) Total other financing ' sources (uses) (5,778,816) (5,783,409) (4,593) 6,622,586 Net change in find balances (5,728,816) (5,743,816) 5,743,816 57743,816 Fund balances at ' beginning of year 5,743,816 5,743,816 5,743,816 Fund balances at end of year $ 5,743,816 15,000 - 5,743,816 5,743,816 ' 127 CITY OF LA QUINTA Capital Projects Funds Financing Authority Capital Projects Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2005 Variance with Prior 1 Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Investment income $ 93 93 Total revenues - 93 93 - Expenditures: Debt service: Interest and fiscal charges - 55,000 48,076 6,924 2,075,660 Total expenditures - 55,000 48,076 6,924 2,075,660 Excess (deficiency) of revenues over (under) expenditures - (55,000) (47,983) 6,924 (2,075,660) Other financing sources (uses): Issuance of revenue bonds - - - - 90,000,000 Transfers in - 131,792 (131,792) - Transfers out - - (87,869,340) Total other financing sources (uses) 131,792 2,130,660 Net change in fund balances - 76,792 (47,983) (76,792) 55,000 Fund balances (deficit) at beginning of year 55,000 55,000 55,000 Fund balances at end of year $ 55,000 131,792 7,017 76,792) 55,000 128 I INTERNAL SERVICE FUNDS ' Internal service funds are used to account for activities involved in rendering services to departments within the City. Costs of materials and services used are accumulated in this fund and charged to the user departments as such goods are delivered or services rendered. The City of La Quinta has the following Internal Service Funds: Equipment Replacement Fund — used to account for the ultimate replacement of City owned and operated vehicles and equipment. ' Information Technology Fund — used to account for the purchase and replacement of information systems. ' Park Equipment and Facilities Fund — used to account for the purchase and replacement of City owned park facility infrastructure. 129 1 r CITY OF LA QUINTA Internal Service Funds r Combining Statement of Net Assets June 30, 2005 r Park r Equipment Information Equipment Totals r Replacement Technology and Facility 2005 2004 Assets r Current assets: Cash and investments $ 2,683,698 489,593 253,314 3,426,605 3,084,392 r Prepaid items - 49,086 - 49,086 - Interest receivable 13,802 2,842 1,250 17,894 11,643 Due from other governments - - - - 3,932 ' Capital assets, net 668,943 339,309 14,215,693 15,223,945 1,111,924 Total assets 3,366,443 880,830 14,470,257 18,717,530 4,211,891 r Liabilities r Current liabilities: Accounts payable 14,101 6,885 - 20,986 28,884 r Accrued salaries and benefits - 4,024 - 4,024 - Total liabilities 14,101 10,909 - 25,010 28,884 r Net Assets r Invested in capital assets, 668,943 339,309 14,215,693 15,223,945 1,111,924 net of related debt r Unrestricted 2,683,399 530,612 254,564 32468,575 3,071,083 Total net assets $ 3,352,342 869,921 14,470,257 18,692,520 4,183,007 r r 130 r CITY OF LA QUINTA Internal Service Funds Combining Statement of Revenues, Expenses and Changes in Net Assets Operating revenues: Charges for services Total operating revenues Operating expenses: Salaries and benefits Fuel and oil Maintenance and parts Contract services Software and supplies Depreciation Other operating expenses Total operating expenses Operating income (loss) Year ended June 30, 2005 Park Equipment Information Equipment Replacement Technology and Facility Totals �nnc Inns $ 325,069 406,111 250,000 981,180 694,960 325,069 406,111 250,000 981,180 694,960 - 71,734 - 71,734 51,862 42,473 - - 42,473 33,390 116,565 - - 116,565 138,406 14,007 95,949 - 109,956 124,037 - 89,564 - 89,564 120,098 172,610 101,238 350,722 624,570 305,834 27,223 66,770 - 93,993 - 372,878 425,255 350,722 1,148,855 773,627 (47,809) (19,144) (100,722) 167,675 78,667 Non -operating revenues (expenses): Investment income 50,364 11,394 4,564 66,322 58,469 Gain (loss) on sale of capital assets (564) 9,065 8,501 - Total non -operating revenues (expenses) 49,800 20,459 4,564 74,823 58,469 ' Income (loss) before transfers and capital contributions 1,991 1,315 (96,158) (92,852) (20,198) ' Capital contributions 15,213 20,737 14,566,415 14,602,365 346,750 Changes in net assets 17,204 22,052 14,470,257 14,509,513 326,552 ' Net assets at beginning of year 3,335,138 847,869 - 4,183,007 3,856,455 Net assets at end of year $ 3,352,342 869,921 14,470,257 18,692,520 4,183,007 131 7 CITY OF LA QUINTA Internal Service Funds Combining Statement of Cash Flows Year ended June 30, 2005 Cash flows from operating activities: Cash received from other customers Cash payments to suppliers for goods and services Cash payments to emplyees Net cash provided by (used for) operating activities Cash flows from capital and related activities: Insurance proceeds - Cash received from the sale of capital assets Cash paid to acquire capital assets Net cash provided by (used for) capital and related activities Cash flows from investing activities: Interest received on investments Net cash provided by (used for) investing activities Net increase (decrease)in cash and cash equivalents Cash and cash equivalents at beginning of year Cash and cash equivalents at end of year Park Equipment Information Equipment Totals Replacement Technology and Facility 2005 2004 $ 325,069 406,111 (189,066) (316,537) (67,710 250,000 981,180 706,028 (505,603) (375,765) ' (67,710) (51,862) 136,003 21,864 250,000 407,967 278,401 3,091 15,203 - 18,294 - 350 - - 350 (115,443) 29,890 (145,333) (189,793) (112,002) 14,687 (126,689) 189,793 ' 47,365 10,356 3,314 61,035 46,826 47,365 10,356 3,314 61,035 46,826 71,366 17,533 253,314 342,213 135,434 2,612,332 472,060 - 3,084,392 2,948,958 $ 2,683,698 489,593 253,314 3,426,605 3,084,392 Reconciliation of operating income to net cash provided by operating activities: Operating income (loss) $ Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation Adjustments: (Increase) decrease in due from (47,809) (19,144) (100,722) (167,675) (78,667) 172,610 101,238 350,722 624,570 305,834 other governments - 3,932 - 3,932 11,068 (Increase) decrease in prepaid items - (49,086) - (49,086) - (Inerease) decrease in other assets - (19,100) - (19,100) 47,995 Increase (decrease) in accounts payable 11,202 4,024 - 15,226 (7,829) Net cash provided by (used for) operating activities $ 136,003 21,864 250,000 407,867 278,401 Noncash capital, financing and investing activities: Fixed asset disposals $ (45,545) (19,951) - - (65,496) (511,491) Fixed assets contributed by other funds 15,213 20,737 14,566,415 14,602,365 346,750 132 AGENCYFUNDS lj ' Agency funds are used to account for assets held by the City as an agent for an individual, private organizations and other governmental units. The agency funds and their purposes are as follows: 1 The City of La Quinta has the following agency funds: Assessment District No. 88-1, 89-2, 90-1, 91-1, 92-1, 97-1, 2000-1 - To account for assessments paid to the City for debt service payments on bond issues used to finance sewer improvements. 133 CITY OF LA QUINTA Agency Funds Combining Balance Sheet June 30, 2005 Assessment Assessment Assessment Assessment District District District District No.88-1 No.89-2 No.90-1 No.91-1 Assets Cash and investments $ 92,159 58,715 108,996 127,511 Taxes receivable 1,021 100 1,951 4,681 Interest receivable 471 304 666 656 Total assets Liabilities Deposits payable Total liabilities $ 93,651 59,119 111,613 $ 93,651 59,119 $ 93,651 59,119 134 111,613 111,613 132,848 132,848 132,848 Assessment District No. 92-1 Assessment District No. 97-1 Assessment District No. 2000-1 Totals 304,888 126,104 403,573 1,221,946 1,982,134 943 3,450 13,683 25,829 - 1,496 612 1,961 6,166 6,973 307,327 130,166 419,217 1,253,941 1,989,107 307,327 130,166 419,217 1,253,941 1,989,107 307,327 130,166 419,217 1,253,941 1,989,107 135 CITY OF LA QUINTA Agency Funds ' Combining Statement of Changes in Assets and Liabilities Year ended June 30, 2005 ' Balance at Balance at , June 30 2004 Additions Deletions June 30 2005 ASSESSMENT DISTRICT NO. 88-1 Assets Cash and investments $ 90,318 2,016 (175) 92,159 ' Taxes receivable 1,021 - 1,021 Interest receivable 319 471 (319 471 Total assets $ 90,637 3,508 (494) 93,651 ' Liabilities ' Deposits payable $ 90,637 3,189 (175 93,651 ASSESSMENT DISTRICT NO. 89-2 Assets Cash and investments $ 57,128 3,150 (1,563) 58,715 Taxes receivable - 100 - 100 Interest receivable 178 304 178 304 ' Total assets $ 57,306 3,554 (1,741) 591119 Liabilities , Deposits payable $ 57,306 3,376 1563) 591119 ' ASSESSMENT DISTRICT NO. 90-1 Assets Cash and investments $ 262,280 18,127 (171,411) 108,996 Taxes receivable - 1,951 - 1,951 Interest receivable 949 666 (949) 666 , Total assets $ 263,229 20,744 (172,360 111,613 Liabilities ' Deposits payable $ 263,229 19,796 171,412 111,613 , (Continued) ' 136 CITY OF LA QUINTA Agency Funds Combining Statement of Changes in Assets and Liabilities (Continued) Balance at Balance at Julie 30, 2004 Additions Deletions June 30, 2005 ASSESSMENT DISTRICT NO. 91-1 Assets Cash and investments $ 560,846 252,399 (685,734) 127,511 Taxes receivable - 4,681 - 4,681 Interest receivable 1,998 656 (1,998) 656 Total assets $ 562,844 257,736 6( 87,732) 132,848 Liabilities Deposits payable $ 562,844 256,310 (686,306) 132,848 ASSESSMENT DISTRICT NO. 92-1 Assets Cash and investments $ 385,734 216,471 (297,317) 304,888 Taxes receivable - 943 - 943 1 Interest receivable 1,345 1,496 (1,345) 1,496 Total assets $ 387,079 218,910 307,327 Liabilities Deposits payable $ 387,079 217,565 (297,317) 307,327 ASSESSMENT DISTRICT NO. 97-1 Assets Cash and investments $ 140,851 83,410 (98,157) 126,104 Taxes receivable - 3,450 - 3,450 Interest receivable 506 612 (506) 612 Total assets $ 141,357 87,472 (98,663) 130,166 Liabilities Deposits payable $ 141,357 86,966 (98,157) 130,166 (Continued) 137 CITY OFLA QUINTA Agency Funds Combining Statement of Changes in Assets and Liabilities (Continued) Balance at June 30, 2004 Additions Deletions ASSESSMENT DISTRICT NO.2000-1 Assets ji Cash and investments $ 484,977 J 268,305 (349,709) Taxes receivable - 13,683 Interest receivable 1,678 1,961 (1,678) Total assets $ l 486,655 ;! 283,949 (351,387) Liabilities Deposits payable $ 486,655 'I 282,270 (349,708) TOTALS -ALL AGENCY FUNDS Assets Cash and investments $ 1,982,134 - 843,878 (1,604,066) Taxes receivable - 25,829 - Interest receivable 6,973 6,166 (6,973) Total assets $ 1,989,107 875,973 1,611,039 Liabilities Deposits payable $ 1,989,107 869,472 (1,604,638) Total liabilities $ 1,989,107 1 869,472 (1,604,638) 138 Balance at June 30, 2005 403,573 13,683 1,961 419,217 419,217 1,221,946 25,829 6,166 1,253,941 1,253,941 1,253,941 CAPITAL ASSETS USED IN THE OPERATION OF GOVERNMENTAL FUNDS C� F 1 139 i! oi CITY OF LA QUINTA Capital Assets Used in the; Operation of Governmental Funds by Source' li June 30, 2005 and 2004 s; 2005 2004 Governmental funds capital assets: Land $ 53,670,027 73,505,659 Buildings and improvements 15,311,445 24,032,644 Equipment and furniture 1,555,329 718,801 Vehicles - 161,052 Infrastructure 345,559,519 330,958,870 Construction in progress 27,794,113 27,932,823 Total governmental funds capital assets I': 443,890,433 457.309.849 Investment in general fixed assets by source: Capital projects funds 390,946,913 388,021,434 Redevelopment agency 52,943,520 69,288,415 Total government funds capital assets `! 443.890.433 457.309.849 This schedule presents only the capital asset balances related to governmental funds. Accordingly, the capital assets reported in the internal service fund are excluded from the above amounts. Generally, the capital assets of the internal service funds are included as governmental activities in the statement of net assets. 140 i CITY OF LA QUINTA Capital Assets Used in the Operation of Governmental Funds Schedule of Function and Activity June 30, 2005 1 Buildings and Equipment Construction Land Improvements and Furniture Vehicles Infrastructure in Progress Totals Function and Activity General government: City manager $ 3,320,355 121,968 98,365 - - 3,540,588 Economic development 10,208 = 10,208 24,299 Personnel 24,299 - 45,978 - - - 45,978 Central services City clerk - - - 135,366 - - - 135,366 Total general government 3,320,355 146,167 289,817 3,756,339 Public safety: 105,109 105,109 ' Police Building and safety - ]0,030 administration - - - 10,030 - - 33,475 - - 33,475 Emergency services Fire - 101,392 3,612,400 = 3,713,792 Civic center building operations - 9,712,796 64,599 - - 432,730 10,210,125 Total public safety 101,392 13,325,196 213,213 - - 432,730 14,072,531 Community services: ' Community services 1,779,478 administration - - - 4,171 7,804,171 7,804,247 171 Parks and recreation program - - 2,019,454 5,289 - 2,024,743 2,024,743 ' Senior center Library _ = _ 3,077 3,077 Total community services - 2,019A54 5,289 1,779,478 7,809,017 11,613,238 Community development: Community development administration Redevelopment agency - - 50,248,280 660,000 48,025 - - - - - - 6,501,534 48,025 57,409,814 ' Total community development 50,248,280 66Q000 48,025 - - 6,501,534 57,457,839 ' Public works: 5,374 _ _ _ 5,374 Public works administration Development and traffic - - 18,555 - 329,197,689 12,594,348 341,810,592 ' Street maintenance and 5,200 22,618 2,028,035 4,352 2,06Q205 operations Lighting and landscape maintenance and operations - - 107,864 - 12,554,317 452,132 13,114,313 ' Total public works - 5,200 154,411 - 343,780,041 13,050,832 356,990,484 Total governmental funds capital assets $53,670,027 16,156,017 710,755 - 345,559,519 27,794,113 443,890,431 ' 'This schedule presents only the capital asset balances related to governmental funds. Accordingly, the capital assets reported in the internal service funds are excluded from the above amounts. Generally, the capital assets of the internal service funds are included as ' governmental activities in the statement of net assets. 141 CITY OF Capital Assets Used in the C Schedule of Changes June Function and Activity General government: 'a City manager Economic development Personnel Central services City clerk Total general government Public safety: Police Building and safety administration Emergency services Fire Civic center building operations +,t Total public safety Community services: Community services administration I; Parks and recreation program Senior center Library Total community services Community development: Community development administration Redevelopment agency Total community development Public works: Public works administration Development and traffic Street maintenance and operations Lighting and landscape maintenance and operations Total public works I Total governmental funds capital assets QUINTA Funds Function and Activity ,2005 Governmental Governmental Funds Capital Funds Capital Assets Assets July 1, 2004 Additions Deletions June 30, 2005 $ 7,171,324 - (3,630,736) 3,540,588 10,208 - - 10,208 24,299 - - 24,299 45,878 - - 45,878 135,366 135,366 7,387,075 - (3,630,736) 3,756,339 105,109 - - 105,109 10,030 - - 10,030 33,475 - - 33,475 3,851,937 3,635,307 (3,773,452) 3,713,792 10,629,743 - (419,618) 10,210,125 14,630,294 3,635,307 (4,193.070) 14,072,531 12,919,273 141,208 1,995,997 5,808,174 (14,440) 2,039,183 3,077 (11,279,234) 1,781,247 7,804,171 2,024,743 3,077 14,900,830 7,991,642 (11,279,234) 11,613,238 48,025 - - 48,025 79,465,462 33,657,336 (55,712,984) 57,409,814 79,513,487 33,657,336 (55,712,984) 57,457,839 5,374 - 5,374 320,621,592 21,189,000 - 341,810,592 7,784,181 - (5,723,976) - 2,060,205 12,467,016 647,297 13,114,313 340,878,163 21,836,297 (5,723,976) 356,990,484 $ 457,309,849 67,120,582 80,540,000 443,89Q431 'This schedule presents only the capital asset balances related to governmental funds. Accordingly, the capital assets reported in the internal service funds are excluded from the above amounts. Generally, the capital assets of the internal service funds are included as governmental activities in the statement of net assets. i! 142 I 1 11 STATISTICAL SECTION 143 TABLE 1 CITY OF 1A QUINTA General Fund Expenditures by Function Last Ten Fiscal Years a Fiscal Year ii l Ending General Public Public Community Planning & Capital June 30 Government Safety Works !' Service Development Projects Total 1996 1,793,301 3,227,438 813,352 413,142 453,656 201,475 6,902,364 1997 2,376,935 3,442,056 889,694 469,110 455,563 170,000 7,803,358 1998 2,229,389 4,099,523 1,159,372 494,402 345,054 8,327,740 1999 2,473,241 4,468,294 1,546,650 732,741 626,074 9,847,000 2000 2,814,604 4,992,811 1,704,996 768,528 748,949 - 11,029,888 2001 3,063,640 5,636,154 1,417,529, 817,460 733,579 - 11,668,362 i 2002 2,960,339 7,609,121 1,536,033 1,014,474 726,589 13,846,556 2003 3,140,576 8,202,407 2,311,436 991,558 674,450 15,320,427 2004 3,892,220 9,672,180 3,103,794 1,025,397 750,444 - 18,444,035 2005 3,765,511 12,364,583 4,794,685 1,104,509 862,890 - 22,892,178 Source: City of La Quints Audited Financial Statements i si i 1�44 TABLE 2 CITY OF LA QUINTA General Fund Revenue by Source Last Ten Fiscal Years Fiscal Year Licenses Charges Litigation Ending and Inter- for Settlement June 30 Taxes Permits Governmental Services Proceeds Interest Miscellaneous Total 1996 5,393,456 998,030 815,980 610,873 12,386 905,420 230,705 8,966,850 1997 5,942,698 793,689 1,072,803 976,897 40,593 941,327 22,712 9,790,719 1998 6,764,355 1,144,562 1,110,553 1,228,269 281,382 1,164,145 114,969 11,808,235 1999 8,101,191 1,951,981 1,466,788 1,965,219 740,985 1,569,796 74,529 15,870,489 2000 8,888,825 2,493,360 2,388,749 1,922,097 - 1,868,073 106,371 17,667,475 2001 10,331,970 2,057,423 2,164,891 1,998,589 - 2,513,789 43,547 19,110,209 2002 10,443,436 1,857,691 3,683,490 1,757,744 - 2,030,346 529,190 20,301,897 2003 11,572,985 1,982,127 4,394,045 2,302,759 - 1,894,303 87,240 22,233,459 2004 13,184,050 3,096,145 4,895,986 2,619,578 2,335,154 109,388 26,240,301 2005 16,762,028 3,226,167 7,552,035 3,402,602 3,238,808 513,030 34,694,670 (1) 1995 was the first year Litigation Settlement Proceeds was identified as a revenue source Source: City of La Quinta Audited Financial Statements 145 TABLE 3 CITY OF LA QUINTA Property Tax Levies and Collections Last Ten Fiscal Years ,i i i Percent of Fiscal Year Total Current' Percent Delinquent Total Ending Tax Tax '' of Levy Tax Collections June 30 Le Collection Collected Collections to Tax Lew 1996 670,398 643,3092 96.0% 2,312 96.3% 1997 824,073 760,350 92.3% 92.3% 1998 886,175 980,838' 110.7% 110.7% 1999 991,001 1,148,040 115.8% 115.8% 2000 1,001,074 1,005,983 100.5% - 100.5% 2001 $1,071,723 $1,091,128 101.8% - 101.8% 2002 $1,218,823 $1,409,828 115.7% - 115.7% 2003 $1,432,528 $1,437,908 100.4% - 100.4% 2004 $1,724,861 $1,767,764 102.5% - 102.5% 2005 $2,282,092 $2,119,641 92.9% - 92.9% Note: 1. Proposition 13 limits cities to levying a tax rate for bonded indebtedness only after 1978. 2. Levies and collections are for General Fund only excluding supplemental property taxes. Source: City of La Quints and County of Riverside'',; ;t 'i ii 146 TABLE 4 CITY OF LA QUINTA Schedule of Net Taxable Value Last Ten Fiscal Years Fiscal Year Assessed Less Less Net Ending Secured Unsecured Property Property Homeowner's Taxable June 30 Property Pro e Value Exemptions Exemptions Value 1996 2,043,276,054 23,801,872 2,067,077,926 6,936,774 22,399,068 2,037,742,084 1997 2,164,204,951 22,511,720 2,186,716,671 6,919,376 22,407,418 2,157,389,877 1998 2,305,593,987 18,844,880 2,324,438,867 9,676,787 24,877,018 2,289,885,062 1999 2,674,887,437 18,756,736 2,693,644,173 10,998,340 27,581,722 2,655,064,111 2000 2,665,520,656 18,712,736 2,684,233,392 11,655,584 28,259,200 2,644,318,608 2001 3,162,945,116 30,599,753 3,193,544,869 19,757,668 30,391,400 3,143,395,801 2002 3,789,678,041 32,607,713 3,822,285,754 20,732,503 33,993,800 3,767,559,451 2003 5,412,382,710 40,940,877 5,453,323,587 50,878,475 44,541,600 5,357,903,512 2004 6,289,493,552 44,014,548 6,333,508,100 67,025,403 46,011,600 6,220,471,097 2005 7,856,383,375 72,554,357 7,928,937,732 66,951,088 48,120,058 7,813,866,586 Source: County of Riverside 147 I i� 1: CITY'OF LA QUINTA Property Tax Rates - Direct and Overlapping Governments G Last Five Fiscal Years (per $100 of Assessed Value) 2004/05 2003/04 2002/03 r General l mo6p 1.00000 1.00000 County of Riverside 0.00905 0.00905 0.00938 Riverside County Office of Education 0.01013 0.00905 0.00938 TABLE 5 2001/02 2000/01 1.00000 1.00000 0.00985 - 0.00985 Desert Sands Unified ti 0.2021'6 0.27443 0.46088 0.35177 Coachella Valley Unified School District 0.17094 0.09267 0.06845 0.05022 Coachella Valley Water District 0.55329 0.55458 0.62057 0.56885 Coachella Valley Recreation & Park District Desert Comm College District 0.08819 0.07762 0.07856 0.04948 Total Tax Rate 2.08324 2.01740 2.24722 1.99054 Source: California Municipal Statistics, Inc 0.09750 0.02080 1.11830 TABLE 6 CITY OF LA QUINTA Special Assessment Billings and Collections ' Last Ten Fiscal Years 1 Year Special Special Ratio of Ended Assessment Assessment Collections June 30 Billings Collections (1) to Billings 1996 729,647 699,351 95.9% ' 1997 791,012 757,256 95.7% 1998 791,012 761,109 96.2% ' 1999 790,532 770,164 97.4% 2000 833,630 800,825. 96.0% 2001 835,577 803,756 96.2% ' 2002 1,068,994 992,226 92.8% 2003 860,684 790,555 91.9% ' 2004 871,833 804,818 92.3% 1 2005 457,277 413,679 90.5% (1) Includes Prepayments and Foreclosures 1 Source: Muni Financial Services 149 J { TABLE 7 CITY OF LA QUMA Schedule of Direct and Overlapping Bonded Debt June 30, 2605 Percent June 30, 2005 Direct and Overlapping Bonded Debt Applicable Bonded Debt Riverside County General Fund Obligations 1.013% $6,294,271 Riverside County Board of Education Certificates of Participation 1.013% 123,738 Desert Sands Unified School District Certificates of Participation 7.720 1,139,858 Desert Sands Unified School District Lease Tax Obligation 7.720 1,726,578 Desert Sands Unified School District Community Facilities No.l 100.000 2,105,000 Desert Sands Unified School District 7.720 10,574,084 Coachella Valley County Water District, I.D. #71 Storm Water Unit Certificates of Participation 7.286 694,356 Coachella Valley County Water District, I.D. #55 75.236 4,909,149 Coachella Valley County Water District, I.D. #58 5.449 193,712 Coachella Valley Unified School District Certificates of Participation 17.094 3,135,894 Coachella Valley Unified School District 17.094 3,027,224 Coachella Valley Water District, AD No. 68 86.247 2,108,739 Coachella Valley Recreation and Park District Certificates'of Participation 8.819 235,026 City of La Quinta General Fund Obligations (Finance Authority) 100.000 6,575,000 City of La Quinta 1915 Act Bonds 100.000 2,720,000 Desert Community College District 4.948 3,482,248 Total Direct and Overlapping Bonded Delft $49,044,877 (I) Note: (1) Excludes tax and revenue anticipation notes, revenue; mortgage revenue, tax allocation bonds and nonbonded capital lease obligations. Source: California Municipal Statistics, Inc. d 150 CITY OF LA QUINTA Computation of Legal Debt Margin June 30, 2005 Net Assessed Valuation Debt Limit - 15 % of Assessed Valuation Amount of Debt Applicable to Debt Limit Legal Debt Margin $7,813,866,586 1,172,079,988 -0- $1,172,079,988 TABLE 8 Notes: Section 43605 of the Government Code of the State of California limits the amount of indebtedness for public improvements to 15% of the assessed valuation of all real and personal property of the City. The City of La Quinta has no general bonded indebtedness. Source: City of La Quinta 151 Fiscal Year Ending June 30 1996 1997 1998 1999 2000 2001 h CITY OF LA QUINTA r Revenue Bond Coverage Local Agency Revenue Bonds (City Hall Project) Last Ten Fiscal Years 'i Revenue Available for Debt Service 696,402 607,950 734,623 684,573 679,670 678,955 Debt Service Requirements Principal Interest Total 160000 536,402 696,402 I 1791000 437,950 607,950 285000 449,623 734,623 245000 439,573 684,573 250000 429,670 679,670 260,000 418,955 678,955 TABLE 9 Coverage 1.00 1.00 1.00 1.00 1.00 1.00 2002 682,178 275,000 407,178 682,178 1.00 2003 i 679,435 285,000 394,435 679,435 1.00 2004 680,830 300,000 380,830 680,830 1.00 2005 681,220 315,000 366,220 681,220 1.00 Note: Revenue available consists of lease payments made by the City of La Quints to the La Quinta Financing Authority: Source: City of La Quinta 3 152 TABLE 10 CITY OF LA QUINTA Demographic Statistics Last Ten Fiscal Years e Total City Fiscal Year Population Riverside Population Ending Square Percent County Percent June 30 Miles (1) Population (2) Change Population (3) Of County B1996 31.2 18,050 2.6% 1,381,879 1.3% 1997 31.2 18,931 4.9% 1,379,956 1.4% 1 1998 31.2 20,444 8.0% 1,441,237 1.4% 1999 31.2 21,763 6.5% 1,473,307 2.2% 2000 31.2 24,240 10.77% 1,522,900 1.6% 2001 31.2 26,321 8.58% 1,545,387 1.7% 2002 31.8 28,715 9.09% 1,545,387 1.9% a2003 34.8 30,452 6.00% 1,653,564 1.8% 2004 35.1 32,522 6.80% 1,782,650 1.8% 2005 35.1 36,145 9.20% 1,871,950 1.9% Source: (1) City of La Quinta (2) State of California Department of Finance (3) Population Division, U.S. Census Bureau 1 153 Fiscal Year Ending June 30 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 (1) Source: TABLE 11 CITY OF LA QUINTA Property Value and Construction Activity Last Ten Fiscal Years Commercial Residential Property Construction Construction Value 1 Units Ualue Units Value 2,043,276,054 8 1 1,018,940 336 53,973,239 2,164,204,951 11 `1,876,747 Ei 322 36,971,047 2,305,593,987 14 2,689,642 461 70,403,691 2,674,887,437 19 8,894,767 770 132,521,054 2,665,520,656 40 13,071,684 1,590 292,524,629 3,162,945,116 39 15,289,134 1,069 195,774,186 3,789,678,041 66 6,739,720 858 171,189,651 5,412,382,710 69 I` 27,184,625 831 176,514,682 6,289,493,552 154 38,232,129 1,406 244,446,101 7,856,383,375 120 26,262,862 1,838 311,189,301 From Schedule of Net Taxable Value City of La Quinta TABLE 12 CITY OF LA QUINTA Principal Taxpayers June 30, 2005 Taxnayer Type of Activity KSL Desert Resort Inc Commercial/Hotel/Vacant Land Toll California Vacant Land Sunrise Desert Partners Condominiums/Vacant Land TD Desert Development Residential ND La Quinta Partners Vacant Land Lennar Homes of California Inc Vacant Land Coral Mountain Vacant Land Quarry Ranch At La Quints Inc Vacant Land Aventine Development Residential CRV La Quinta 70 Ltd Partnership Vacant Land Source: City of La Quinta 155 Employer i' CITY OF LA QUINTA 1. Major Employers June 30 2005 Emplovees La Quints Hotel and Golf Resort 1,500 PGA West 1,100 Desert Sands Unified School District 550 Wal-Mart Rancho La Quinta The Home Depot Lowe's Home Improvement !, 150 TABLE 13 Activi Resort Hotel Golf Resort School District Administration Retailer Golf Resort Retailer Retailer Stater Brothers 126 Groceries Imperial Irrigation District 110 Utility Company Vons 103 Groceries �i Ralph's 100 Groceries Tradition 97 Golf Resort City of La Quinta 78 Municipal Government Cliff House 75 Restaurant !J Source: City of La Quinta 1!56 ' TABLE 14 CITY OF LA QUINTA ' Schedule insurance in of Force June 30, 2005 Company Name Policy Number Coverage - Limits Term Premium Hartford PEBAO7068 Employee Dishonesty, $1,000,000 12/03/04 - 05 $3,000 Forgery, Computer Fraud ' Lexington 062-3314 All Risk Property Insurance 32,600,000 07/O1/05 - 06 30,000 Including Auto Physical Damage (Excluding Earthquake) ' Landmark Amer K2HQ407478 Earthquake & Flood 7,500,000 02/07/05 - 06 29,500 Real & Personal Property ' Including Contigent Tax Interruption California Certificate #5 Comprehensive General $0 Deductible Retention 07/O1/05 - 06 253,672 Joint Powers Insurace Authority Liability $50 Million California Certificate Worker's Compensation 5,000,000 07/O1/05 - 06 235,397 Joint Powers #5009-056 ' Insurance Authority 1 ' Source: City of La Quinta 1 1 157 TABLE 15 CITY OF LA QUINTA Miscellaneous Statistical Data June 30, 2005 Date of Incorporation .................................May 2,1982 Type of City ... ............................. Charter City Form of Government ........................ Council. Manager City Employees ............................... 83 City Land Area (square miles) ....... ...... ....................... 35.1 Population ............................... 36,145 Number of Parks .............................. 12 Total Acreage ................................ 234 Miles of Streets .................................. 118.0 Miles of Bike Paths ... I ............................... 9.7 Number of Major Intersections............. ...................... 46 Number of Traffic Signals and Safety Lighting ....................... 43 Number of Traffic Signs l ............................... 2,749 Number of Street Lights ............................... 73 Public Schools Private Schools Churches Banks / Savings and Loan Number of Single Family Units -Detached.." ........................ 14,393 Number of Single Family Units - Attached. 2,360 Number of Multiple Family Units ....... 1,352 ........................ Number of Mobile Homes ..!' ................................ 259 Source: City of La Quinta 158 TABLE 16 CITY OF LA QUINTA General Fund Balance Trends Last Ten Fiscal Years Fiscal Year Ending Reserved Unreserved Totals June 30 Desimated Undesi ng ated 1996 6,680,048 5,686,027 12,366,075 1997 8,202,641 5,936,591 14,139,232 1998 8,915,742 8,568,017 17,483,759 1999 8,879,558 14,439,998 23,319,556 2000 10,565,563 18,111,835 28,677,398 2001 11,746,211 23,878,259 35,624,470 2002 15,351,251 25,522,073 40,873,324 2003 21,099,910 26,584,773 47,684,683 2004 29,210,757 25,494,479 54,705,236 2005 32,412,590 31,514,377 63,926,967 Source: City of La Quinta 159 (This page intentionally left blank) OFT�4'�� COUNCIL/RDA MEETING DATE: December 6, 2005 AGENDA CATEGORY: BUSINESS SESSION: d— CONSENT CALENDAR: ITEM TITLE: Consideration of Resignation of Cultural Arts Commissioner and Request for Reappointment STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A resignation was received from Andrea Gassman, the only remaining member of the Cultural Arts Commission on November 14, 2005. A copy of Ms. Gassman's resignation is provided as Attachment 1 . She also requested in her e-mail that the City Council consider her application for the vacant position on the Community Services Commission. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Accept the resignation of Andrea Gassman from the Cultural Arts Commission and consider her request for appointment to the Community Services Commission; or 2. Do not accept the resignation of Andrea Gassman from the Cultural Arts Commission and do not consider her request for appointment to the Community Services Commission; or 3. Provide staff with alternative direction. Respectfully submitted, Ju ek, City Clerk Approved for submission by: � k Thomas P. Genovese, City Manager Attachment: 1 . E-mail from Andrea Gassman dated November 14, 2005 2 ATTACHMENT 1 Tom Genovese From: A [acgassman@dc.rr.com] Sent: Monday, November 14, 2005 6:02 PM To: June Greek Cc: Tom Genovese Subject: Resignation Dear June: Please forward this message to the Hon. Mayor and City Council Members. I would have addressed them individually, but did not have their email address. It has become apparent to me, over the course of the past several months, that the City Council has reached an impasse with regard to the Cultural Arts and Community Services Commissions. In an effort to bridge this chasm, and after careful consideration, I hereby tender my resignation as the Cultural Arts Commissioner, effective November 15, 2005. My resignation should relieve the Council of the necessity to consider the merging of the two commissions. With this resignation, I respectfully request you consider my application for the position of Community Services Commissioner. I believe I can contribute the same energies to the Community Services Commission as I did the Cultural Arts Commission. It would be my honor to so serve my community and City Council. Respectfully submitted, Andrea Gassman s(fv c OFT1° COUNCIL/RDA MEETING DATE: December 6, 2005 ITEM TITLE: Consideration of a Preliminary Cost Estimate and Potential Options for Establishment of Street Improvement Modifications, to Include a Deceleration/Right Turn Lane and Alternative Access Configuration, at 47647 Caleo Bay Drive RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Improvement costs are approximately $200,000 for Option 2. Should staff be directed to proceed with Option 2, the funding source would be the General Fund. Staff would need to request an appropriation at a later date. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: Recent concerns have been raised by property owners in proximity to the new medical office building located at 47647 Caleo Bay Drive. The 42,000 square foot medical office building was approved by the Planning Commission in October, 2004. As the building has progressed, concerns raised have focused upon building height, proximity of the subject building to neighboring single-family residences and view obstruction. As a result of these concerns, the City Council directed staff to investigate options to further reduce impacts of the building and site design on the affected residents. During the public hearing process, and once the building was erected, Lake La Quinta property owners were concerned with the amount of traffic that will use Caleo Bay. As a result, City staff has met with property owners and the project developer; certain remedial measures with regard to landscaping, building color, and access have been discussed and are being addressed. As part of these discussions, the Lake La Quinta residential property owners have requested the City consider providing access to Washington Street for the project. Staff has prepared a cost estimate that establishes the cost of the improvements at $150,823, adding $50,000 to allow for contingencies in design and other related costs, fora total of approximately $200,000. It is possible that the actual costs could exceed this estimated amount. The options identified were as follows: 1 . Obtain a reciprocal easement between the medical building site and the south property (former Marriott hotel site), which would be exercised when development of that south property occurs. This option would allow for future Washington Street access and improved traffic flow on Washington Street. 2. Construct a new right in/right out driveway on Washington Street, to provide alternative site access and require the easement described in Option No. 1 above. 3. No change to the existing situation. The new driveway option (No. 2) will likely provide a relatively minor redistribution of traffic since it is a restricted access. Once the traffic signal is installed at Lake La Quinta Drive, most traffic will likely use this intersection to access the office building. The parameters for Option 2 above (adding a new Washington Street driveway) would include: • Project developer's construction team will design and build the improvements, which include their requirement for a right turn lane at Lake La Quinta Drive; • Developer would construct the requested improvements at the same time as the project's required turn lane (possible time/cost savings); • City would reimburse developer's costs for the requested improvements, less his required improvements; and • City would not hold up occupancy for the project based solely on completion of the requested improvements. In addition, the developer would provide a reciprocal access easement between his property and the south property (former Marriott hotel site), which would be exercised in the development of that southerly property. The City could also consider a requirement that the access point be 'stubbed in' at the desired location, as part of the project completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Direct staff to proceed as outlined by this report; 2. Do not take any action at this time; 3. Continue this for further consideration; or 4. Provide staff with alternative direction. Respectfully sybmitted, bouglas j� `Evans Community Development Director Approved for submission by, Thomas P. Genovese, City Manager Twit 4 4 Qgb& COUNCIL/RDA MEETING DATE: December 6, 2005 ITEM TITLE: Consideration of a Resolution in Support of the Green Path Project RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 4 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Consider adoption of a resolution of the City Council supporting the Green Path Project, as requested by IID Energy. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Green Path Project is an initiative between IID Energy, the Citizens Energy Corporation, and the Los Angeles Department of Water and Land Power. By linking three control areas, the Green Path Project proposes to increase the capacity of California's transmission grid, reduce costs for electric consumers, and provide access to renewable geothermal energy. The primary objective of the Green Path Project is to increase capacity on the IID Energy transmission grid to keep pace with anticipated growth in Southern California. On November 15, 2005, Mark Weber of IID Energy requested the City of La Quinta's support of the Green Path Project through adoption of a resolution. Materials provided at that meeting are included (Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council supporting the Green Path Project; or 2. Do not adopt a Resolution of the City Council supporting the Green Path Project; or 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager Attachment: 1 . Materials provided at November 15, 2005 Council meeting RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SUPPORTING THE GREEN PATH PROJECT WHEREAS, the Coachella Valley, Imperial Valley and parts of San Diego County and served by IID Energy are among the fastest -growing areas of the state; and WHEREAS, IID Energy needs to provide for the long-term load growth requirements of its customer; and WHEREAS, IID Energy needs to improve the reliability of its existing transmission system; and WHEREAS, California's interest in and mandates for renewable energy have increased in recent years; and WHEREAS, the Imperial Valley has the potential to be a significant exporter of renewable energy; and WHEREAS, the exportation of renewable energy from the Imperial Valley could provide long-term economic benefits to the community; and WHEREAS, the Green Path Project relieves costly congestion for imports into the California Independent System Operator's transmission system; and WHEREAS, the Green Path Project creates multiple new system interconnections for the California Independent System Operation (CAISO), thereby increasing system reliability for both the CAISO and IID Energy; and WHEREAS, the Green Path Project provides geothermal, solar and biomass developers with access to multiple markets in California, Arizona and Nevada; and WHEREAS, elderly and low-income consumers in the service area of IID Energy, Los Angeles Department of Water and Power and San Diego Gas and Electric will be afforded assistance in paying their power bills because Citizens Energy, a non-profit partner in the Green Path Project, will contribute revenues from the project; and Resolution No. 2005- Support of the Green Path Project Adopted: December 6, 2005 Page 2 WHEREAS, the Green Path Project benefits populations in Imperial County and Riverside County, as well as customers in the service territories of San Diego Gas and Electric, Los Angeles Department of Water and Power, and the California Independent System Operator's Southern California Edison service area; and WHEREAS, the Green Path Project is fully supported by I -CARE, the Imperial - Coachella Alliance for Renewable Energy, whose partners include Los Angeles Department of Water and Power, Citizens Energy, and IID Energy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That we support the Green Path Project. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th day of December, 2005, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Resolution No. 2005- Support of the Green Path Project Adopted: December 6, 2005 Page 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 3 �C ATTACHMENT 1 The Green Path Project is an initiative between Imperial Irrigation District Energy (IID Energy), Citizens Energy, and the Los Angeles Department of Water & Power (LADWP). By linking three control areas, the Green Path Project proposes to increase the capacity of California's transmission grid, reduce costs for electric consumers, and provide access to renewable geothermal energy. Benefits: Green Path Project will bring numerous benefits to the customers served by the participating utilities and surrounding communities by: • Meeting the growing demand for electric energy in the fast-growing communities of Imperial and Riverside Counties. • Providing the transmission infrastructure needed to deliver "green energy" from California's Salton Sea - based geothermal fields to utilities throughout the State, helping to meet the State's Renewable Portfolio Standards. • Enhancing energy reliability throughout California and reducing costly transmission congestion bottlenecks. • Providing producers of geothermal, solar, and biomass energy with access to multiple markets. • Contributing a portion of the revenues generated from this project by Citizens Energy towards elderly and low-income consumers who need assistance with energy bills. • Benefiting the populations of Imperial, Riverside, Los Angeles and San Diego Counties and the California Independent System Operator's Southern California Edison service area. Execution: • The IID Energy -Citizens San Felipe Interconnection Project would expand IID Energy's existing transmission system to meet customer growth, facilitate geothermal delivery and reduce congestion. The project will include enhancements to approximately 100 miles of existing 161kV (kilovolt) transmission lines to 230kV. It will also require construction of two new 230kV transmission lines and a substation in Imperial Valley to enable San Diego Gas & Electric access to geothermal energy. • The IID Energy-LADWP Control Areas/Citizens Interconnection Project would interconnect the IID Energy and LADWP control areas. The project will require increasing capacity on an existing 230kV line and building a new substation to deliver geothermal energy to LADWP. Those systems will interconnect in the Coachella Valle and reduce transmission congestion for parts of Southern California. • Citizens Energy Corporation will provide financial support for these projects that will subsidize the utility bills for low-income households in the IID Energy and LADWP service areas. Project Participants: • The Green Path Project is a private/public venture between Imperial Irrigation District Energy (IID Energy), Citizens Energy, and the Los Angeles Department of Water and Power (LADWP): o IID Energy, an independent public power transmission provider and one of four control areas in California. As a consumer -owned utility, IID Energy supplies electricity to 130,000 customers in the Coachella Valley, ImperilrValley, and parts of San Diego County. o Citizens Energy, is a non-profit corporation founded by Joseph Kennedy II, whose commercial subsidiaries support utility programs for low-income families and the elderly across the United States o LADWP, the nation's largest municipal utility company, serves 1.4 million customers. As one of California's control areas, LADWP owns and operates its own transmission network. For More Information Please visit: www.GreenPath.us or760.482.3666 �' + � t GREEN PATH PROJECT FOR IMMEDIATE RELEASE October 20, 2005 CONTACT: Ashley Dyer 916.446.9900 Adyer�cr�,RS-E.Com IMPERIAL IRRIGATION DISTRICT ENERGY ANNOUNCES THE GREEN PATH PROJECT Imperial, CA- Imperial Irrigation District (IID) Energy, in partnership with Citizens Energy Corporation and the Los Angeles Department of Water and Power (LADWP), will introduce a renewable energy endeavor that will benefit residents and businesses in Imperial, San Diego, Los Angeles and Riverside Counties. The IID Energy's Board of Directors must approve this proposal in order to proceed with the application process. Called The Green Path Project, its primary objective is to increase capacity on the IID Energy transmission grid to keep pace with anticipated growth in Southern California. Green Path will upgrade the IID transmission system, enabling it to export a greater amount of renewable, geothermal energy generated from the Imperial Valley to multiple delivery points. The Green Path Project is comprised of three phases, including upgrades of IID Energy's existing transmission system and construction of two new high capacity 230Kv lines. This project will also create two interconnection points, with San Diego Gas and Electric (SDG&E), the other with LADWP. The Green Path Project will benefit greatly from the joint venture participation of Citizens Energy Corporation and LADWP. Citizens Energy, a non-profit corporation, was founded by Joseph Kennedy II and provides low-income households assistance with their utility costs across the United States. As a partner in the Green Path Project, Citizens Energy Corporation will provide financial support for IID Energy transmission upgrades and subsidize electric bills for low-income customers of IID Energy and LADWP. LADWP, the nation's largest municipal utility company, will frontier the effort to attain the renewable geothermal energy from the Imperial Valley. LADWP \tFF 1I\C3 [ NI R'6V D; \9 \\,l) EXCE f M'NiI � 1A\DARDti 7 �r GREEN PATH PROJECT wants to transmit this type of power because of the overall environmental and sociological affects it would have on the region. IID Energy is a consumer -owned electric utility that provides power to over 130,000 customers in the Coachella Valley, Imperial Valley, and a portion of San Diego County. As an independent transmission provider, IID Energy has become the greatest transmitter of geothermal energy in the nation. IID Energy is also one of four control areas in California that includes LADWP, Sacramento Municipal Utility District, and the California Independent System Operator. ti 1[1JNG ENERGY t)INA\D 1KIIDIN<, \ND,,\ RESOLUTION IN SUPPORT OF THE GREEN PATH PROJECT WHEREAS, the Coachella Valley, Imperial Valley and parts of San Diego County and served by IID Energy are among the fastest -growing areas of the state; and WHEREAS, IID Energy needs to provide for the long-term load growth requirements of its customers; and WHEREAS, IID Energy needs to improve the reliability of its existing transmission system; and WHEREAS, California's interest in and mandates for renewable energy have increased in recent years; and WHEREAS, the Imperial Valley has the potential to be a significant exporter of renewable energy; and WHEREAS, the exportation of renewable energy from the Imperial Valley could provide long-term economic benefits to the community; and WHEREAS, the Green Path Project relieves costly congestion for imports into the California Independent System Operator's transmission system, and WHEREAS, the Green Path Project creates multiple new system interconnections for the California Independent System Operator (CAISO), thereby increasing system reliability for both the CAISO and IID Energy; and WHEREAS, the Green Path Project provides geothermal, solar and biomass developers with access to multiple markets in California, Arizona and Nevada; and WHEREAS, elderly and low-income consumers in the service area of IID Energy, Los Angeles Department of Water and Power and San Diego Gas and Electric will be afforded assistance in paying their power bills because Citizens Energy, a non-profit partner in the Green Path Project, will contribute revenues from the project; and WHEREAS, the Green Path Project benefits populations in Imperial County and Riverside County, as well as customers in the service territories of San Diego Gas and Electric, Los Angeles Department of Water and Power, and the California Independent System Operator's Southern California Edison service area; and WHEREAS, the Green Path Project is fully supported by I -CARE, the Imperial - Coachella Alliance for Renewable Energy, whose partners include Los Angeles Department of Water and Power, Citizens Energy, and IID Energy; -2- NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF , THAT we support the Green Path Project. ADOPTED THIS DAY of , 2005. 1r � (' 1l,UYLICL . 4 r �- + �� AGENDA CATEGORY: BUSINESS SESSION: J COUNCIURDA MEETING DATE: December 6, 2005 CONSENT CALENDAR: ITEM TITLE: Consideration to Appropriate Funding STUDY SESSION: and Award the Fiscal Year 2003/2004 Traffic Signal Improvement Program, Project No. 2003-1 5 PUBLIC HEARING: RECOMMENDATION: Appropriate an additional $44,806 from unassigned Infrastructure funds; award a contract in the amount of $371,199 to DBX, Inc. to construct the improvements, contingent upon the City of Indio and Desert Sands Unified School District (DSUSD) subsequent approval of additional funding toward the project; and authorize the City Manager to execute Agency -State Master Agreement 000431 and Program Supplemental Agreement OB27 providing state funding, in the amount of $225,630, toward the construction phase of Project No. 2003-15, Fiscal Year 2003/2004 Traffic Signal Improvement Program. FISCAL IMPLICATIONS: The following represents the project's existing funding and funding sources: Infrastructure Funds': SR2S State Funds: Surface Transportation Program (STP): Total Funding Available: $37,850 $225,630 $19,170 $282,650 Considering the low bid in the amount of $371,199, the following represents the anticipated project budget: Construction: Design: Inspection/Testing/Survey: Administration: Contingency: Total: $371,199 $37,1 19 $28,768 $18,560 $37,1 22 $492,768 This appropriation includes the City of Indio's agreed upon contribution in the amount of $12,617 and the DSUSD's contribution in the amount of $12,617 toward the proposed improvements, in accordance with the Cooperative Agreement, dated March 24, 2005, for the Design and Construction of Traffic Control Signals. r) +-,, l As illustrated, a shortfall exists between the available funding ($282,650) and the anticipated project budget ($492,768) in the amount of $210,118. On March 24, 2004, the City of La Quinta entered into a Cooperative Agreement (Attachment 1 ) with the City of Indio and DSUSD for the Design and Construction of the Traffic Control Signals at Dune Palms Road and Desert Crest Drive and on Miles Avenue at the John Glenn Middle School. The Cooperative Agreement estimated the combined cost of both signals to be $282,650. These costs were assigned in one-third increments to the Cities of La Quinta and Indio, and the DSUSD. Each of the three agencies was provided equal credit for the grant funding in the amount of $244,800. Considering this credit, each agency's contribution to the project was estimated to be $1 2,617. The Cooperative Agreement allows the City (lead agency) to award the project up to 15% higher than the estimated budget for construction. Subsequently, if the low bid had been $244,950 or lower, no further action would have been required by the City of Indio or DSUSD. Unfortunately, the low bid amount of $371 ,1 99 is 74% higher than the original construction estimate and requires approval from the City of Indio and DSUSD before the project can proceed to construction. If each agency agrees to the increased cost of the project, each agency's contribution will increase from $12,617 to $82,656. The revised cost sharing Agreement Exhibit is provided at Attachment 2. Staff is coordinating with the City of Indio and DSUSD and will provide the City Council with additional information during the meeting. Contingent upon the City Council's approval of the recommendation and the City of Indio and DSUSD's approval to increase their project share, the following represents the project's proposed funding and funding sources: Infrastructure Funds: City of Indio Project Share: DSUSD Project Share: SR2S State Funds: Surface Transportation Program (STP): Total Funding Available: CHARTER CITY IMPLICATIONS: $82,656 $82,656 $82,656 $225,630 $19,170 $492,768 None. The project is partially funded with Federal Funding and must be bid as a prevailing wage project. nwr'� 2 BACKGROUND AND OVERVIEW: The proposed improvements include the installation of a new traffic signal at the intersection of Dune Palms Road and Desert Crest Drive, directly in front of the Amelia Earhart Elementary School, and for the installation of a pedestrian activated crosswalk on Miles Avenue directly in front of the John Glenn Middle School. On May 20, 2003, the City Council approved the grant application for a California Department of Transportation (Caltrans) Safe Routes to School (SR2S) grant to install the new traffic signal on Dune Palms Road and Desert Crest Drive and to install the pedestrian activated crosswalk on Miles Avenue directly in front of the John Glenn Middle School. On November 21, 2003, the City was notified by Caltrans that the City's project was approved and SR2S grant funding was available in the amount of $244,800. On January 6, 2004, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate of probable construction costs (PS&E) for the Fiscal Year 2003/2004 Traffic Signal Improvement Program, Project No. 2003- 1 5 and appointed a Consultant Selection Committee. On April 6, 2004, the City Council approved a Professional Services Agreement (PSA), in the amount of $21 ,000, with David Evans and Associates, Inc. to prepare the PS&E of probable construction costs for the Fiscal Year 2003/2004 Traffic Signal Improvement Program, Project No. 2003-15. On July 6, 2004, the City Council authorized the City Manager to execute Agency - State Agreement STPLHSR 5433 (005) covering the engineering phase of Project No. 2003-1 5, Fiscal Year 2003/2004 Traffic Signal Improvement Program. On September 27, 2004, Caltrans approved the environmental document for the project. On July 1 1 , 2005, staff submitted the necessary paperwork to Caltrans requesting funding obligation and authorization to proceed with construction. The attached City of La Quinta/State Master Agreement 000431 (Attachment 3) provides the overall parameters for any State Funding received from the California Department of Transportation. The attached supplement agreement OB27 (Attachment 4) provides for the State funding specifically assigned to this project. n+ 13 In addition to the City's execution of the original agreement, the City Clerk will be required to provide a certified "Minute Order" that clearly identifies the project and the official authorized to execute the agreement. On August 2, 2005, the City Council approved the PS&E and authorized staff to advertise for bid the Fiscal Year 2003/2004 Traffic Signal Improvement Program, Project No. 2003-15. On November 16, 2005, sealed bids were received for the construction of this project. The following represents a summary of the bids received and compares the bids to the engineer's estimate. A complete comparison of the bids received is provided at Attachment 5 for the City Council's review. Engineer's Estimate DBX, Inc. Steiny & Co $286,008 $371 ,199 $429,100 As illustrated, DBX, Inc. submitted the lowest responsive bid in the amount of $371,199. Contingent upon City Council approval proposed improvements on December 6, project is expected to proceed: to award a contract to construct the 2005, the following represents how the City Council Awards Construction December 6, 2005 Sign Contracts and Mobilize December 7, 2005—January 2, 2006 Construction (120 Consecutive Calendar Days) January — May 2006 Project Close-out/Acceptance June 2006 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appropriate an additional $44,806 from unassigned Infrastructure funds; award a contract in the amount of $371 ,1 99 to DBX, Inc. to construct the improvements, contingent upon the City of Indio and Desert Sands Unified School District subsequent approval of additional funding toward the project; and authorize the City Manager to execute Agency -State Master Agreement 000431 and Program Supplemental Agreement OB27 providing state funding, in the amount of $225,630, toward the construction phase of Project No. 2003-15, Fiscal Year 2003/2004 Traffic Signal Improvement Program; or 4 2. Do not appropriate an additional $44,806 from unassigned Infrastructure funds; do not award a contract in the amount of $371,199 to DBX, Inc. to construct the improvements, contingent upon the City of Indio and Desert Sands Unified School District subsequent approval of additional funding toward the project; and do not authorize the City Manager to execute Agency -State Master Agreement 000431 and Program Supplemental Agreement OB27 providing state funding, in the amount of $225,630, toward the construction phase of Project No. 2003-15, Fiscal Year 2003/2004 Traffic Signal Improvement Program; or 3. Provide staff with alternative direction. Respectfully submitted, 1 mothy R. 0.nassoy), P.E. - Public Works Direc or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Cooperative Agreement 2. Revised Funding Share Exhibit 3. Agency -State Master Agreement No. 000431 4. Program Supplemental Agreement No. OB27 5. Bid Comparison Summary ATTACHMENT 1 COOPERATIVE AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF TRAFFIC CONTROL SIGNALS /J 3 This agreement (hereinafter "Agreement") entered into tW's L day of �'!� 2004, is between the Desert Sands Unified School District, a school district organized and existing under the laws of the State of California, referred to herein as "DSUSD," the City of La Quinta, a Municipal Corporation and charter city, referred to herein as "LA QUINTA," and the City of Indio, a Municipal Corporation, referred to herein as "INDIO." DSUSD, LA QUINTA and INDIO are collectively referred to in this Agreement as "PARTIES." RECITALS (1) DSUSD, LA QUINTA and INDIO desire to install two (2) traffic control signals and safety lighting, referred to herein as "PROJECT," at the intersection of Dune Palms Road and Desert Crest Drive (adjacent to the Amelia Earhart Elementary School) and on Miles Avenue at the John Glen Middle School, and desire to specify the terms and conditions under which the PROJECT is to be engineered, constructed, financed, operated and maintained. (2) The PROJECT locations are jointly owned fifty percent (50%) by LA QUINTA and fifty percent (50%) by INDIO. (3) It has been determined that the State of California promulgated traffic signal warrants have been met for the PROJECT locations. (4) The California Department of Transportation (Caltrans) approved a grant in the amount of $244,800.00 through its Safe Routes to School (SR2S) Program on November 21, 2003. The grant represents approximately 85% of the estimated cost to complete the PROJECT. (5) DSUSD, LA QUINTA and INDIO desire to equally share the remaining unfunded project costs in the amount of $37,850.00. The unfunded project costs represent approximately 15% of the estimated costs to complete the PROJECT, referred to herein as PROJECT SHARE. Section I DSUSD AGREES: (1) To pay an amount equal to one third (1/3) of the PROJECT SHARE for construction, design, engineering, inspection/testing/survey, contingency and administrative costs as described on Exhibit "A" attached hereto and incorporated herein by this reference). (2) To deposit with LA QUINTA within thirty (30) days of receipt of billing therefor the amount of $12,617, which figure represents DSUSD's estimated PROJECT SHARE of the cost of preliminary engineering, construction, construction engineering and administration, as required to complete the PROJECT. In no event will DSUSD's obligation for all anticipated costs under this Agreement exceed 115% of DSUSD's estimated costs, as listed in Exhibit "A," provided that DSUSD may, at its sole discretion, in writing, authorize a greater amount. However, this does not obligate LA QUINTA in any way to provide additional funds for PROJECT. Section II LA QUINTA AGREES: (1) To pay an amount equal to one third (1/3) of the PROJECT SHARE for construction, design, engineering, inspection/testing/survey, contingency and administrative costs as described on attached Exhibit "A." (2) To prepare Plans, Specifications and Estimates (PS&E) for the PROJECT. PS&E are to be prepared in accordance with the Standard Plans and Specifications of the State of California L\PROJECTS & RFPS & Specs\T R A F F I C S I G N A L\Co-op aggreement with DSUSD and La Quinta.doc Department of Transportation, the standards and practices of LA QUINTA and all applicable laws and regulations. (3) To have final design documents and drawings for the PROJECT prepared by or under the direction of a civil engineer registered and licensed in the State of California, and that the specifications, each set of plans and any reports shall bear the professional seal, certificate and signature of the professional engineer responsible for their preparation. (4) To apply for any necessary encroachment permits for work within the INDIO street right-of-way, in accordance with INDIO standard permit procedures. (5) To advertise, award and administer a public works contract for the construction of the PROJECT improvements. (6) To retain or cause to be retained for audit by DSUSD, INDIO or other governmental auditors for a period of three (3) years from the date of final payment, all records and accounts relating to construction of the PROJECT. (7) Upon completion of the PROJECT, to furnish INDIO a complete set of full-sized reproducible "Drawing of Record" plans. (8) To enter into a maintenance agreement with INDIO, whereby INDIO will agree to maintain and operate the facilities and LA QUINTA will pay fifty percent (50%) and INDIO will pay fifty percent (50%) of the maintenance and energy costs for the PROJECT. Section III INDIO AGREES: (1) To pay an amount equal to one third (1/3) of PROJECT SHARE for construction, design, engineering, inspection/testing/survey, contingency and administrative costs as described on attached Exhibit "A." (2) To deposit with LA QUINTA within thirty (30) days of receipt of billing therefor the amount of $12,617, which figure represents INDIO's estimated PROJECT SHARE of the cost of preliminary engineering, construction, construction engineering and administration, as required to complete the PROJECT. In no event will INDIO's obligation for all anticipated costs under this Agreement exceed 115% of INDIO's estimated costs, as listed in Exhibit "A," provided that INDIO may, at its sole discretion, in writing, authorize a greater amount. However, this does not obligate LA QUINTA in any way to provide additional funds for the PROJECT. (3) To issue, free of charge, upon application by LA QUINTA or LA QUINTA's contractor, the necessary Encroachment Permits for required work within the INDIO streets right-of-way. (4) To enter into a maintenance agreement with LA QUINTA, whereby INDIO will agree to maintain and operate the facilities and LA QUINTA will pay fifty percent (50 %) and INDIO will pay fifty percent (50%) of the maintenance and energy costs for the PROJECT. Section IV IT IS MUTUALLY AGREED AS FOLLOWS: (1) The total cost of PROJECT is estimated to be $282,650. (2) The SR2S Grant in the amount of $244,800 shall be shared equally by DSUSD, LA QUINTA and INDIO. (3) If, for any reason, the SR2S Grant is not received by LA QUINTA, DSUSD and INDIO agree to pay an amount equal to one third (1/3) of the total estimated project cost of $282,650. (4) Upon opening bids for construction of the PROJECT, if bids indicate a cost overrun of no more than 15% of the construction costs estimate as described in Exhibit "A," LA QUINTA may award the contract. (5) If, upon opening of bids, it is found that a cost overrun exceeding 15% of the construction cost estimate will occur, INDIO, LA QUINTA and DSUSD shall endeavor to agree upon an alternative course of action. If, after thirty calendar days from the date of bid opening, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent, with each agency sharing incurred costs in accordance with the cost shares as set forth in Section 1, Article (1), Section 11, Article (1), Section III, Article (1), and Section IV, Article (1). L:\I'ROJECTS & RFPS & Specs\TRAFFIC S 16 N A L\Co-op aggreement with DSUSD and La Quinta.doc i J 7 (6) All contract change orders exceeding 15% of the bid price for the relevant contract bid items shall be submitted by LA QUINTA to INDIO and DSUSD for review and approval prior to authorization by LA QUINTA to construction contractor. (7) In construction of said work, LA QUINTA will furnish a representative to perform the function of Resident Engineer, and INDIO may furnish a representative. INDIO's representative may consult with LA QUINTA's representative, but LA QUINTA's decision shall be considered final. (8) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all parties, and no oral understanding or agreement not incorporated herein shall be binding on either party hereto. (9) Upon completion of all work under this Agreement, ownership and title to all materials, equipment, and appurtenances installed will be jointly shared in the ratio of fifty percent (50%) LA QUINTA, fifty percent (50%) INDIO. (10)Neither INDIO nor DSUSD nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement. It is further agreed that, pursuant to Government Code Section 895.4, LA QUINTA shall fully indemnify and hold DSUSD and INDIO harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement. (11) Neither LA QUINTA nor any other officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by INDIO or DSUSD under or in connection with any work, authority or jurisdiction delegated to INDIO or DSUSD under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, INDIO and DSUSD shall fully indemnify and hold LA QUINTA harmless from any liability imposed for injury (as defined by Government Code Section 810.98) occurring by reason of anything done or omitted to be done by INDIO or DSUSD under or in connection with any work, authority or jurisdiction delegated to INDIO or DSUSD under this Agreement. NOTICES: Any notice required to be sent pursuant to this Agreement shall be sent by regular mail, addressed as follows: CITY OF INDIO City of Indio Roy T. Ramirez, City Manager 100 Civic Center Mall Indio, CA 92202 Dated: By eli Bethel, Maya ATTE By: C thia Hernandez, Deputy City Clad APPROVZ-F-}?AS TO FORM: By: �C/r Edward K tl m, City Attorney CITY OF LA QUINTA City of La Quinta Tom Genovese, City Manager -7$--1-e5-C-a}}e-ffitalo 78-495 Calle Tampico La Quinta, CA 92253 Dated: 5 2 By: Don Adolp'h, Mayo ATTEST: By: Lurla'Grepi, City Clerk APPathe AS T O By. r e Jenson, C y Attorney f .y L\PRO]ECtS & RFPS & Specs\TRAFFIC SIGN A L\Co-op aggreement with DSUSD and La Quinta.doc — j :l 8 DESERT SANDS UNIFIED SCHOOL DISTRICT Desert Sands Unified School District Peggy Reyes, Director of Facility Services 47-950 Dune Palms Road La Quinta, CA 92234 Dated: April 26, 2004 X By Charlene Whitlinger, Assistant O Superintendent of Business Services ATTEST: i By: ✓f <2 Pegg? R es, Director Facilities Services APPROVED AS TO FORM: STRADLING YOCCA CARLSON & RAUTH By:O� MdANIE MCCALL HOUK LAPROJECTS & RFPS & SpecsU R A F F I C S I G N A UCo-op aggreement with DSUSD and La Quinta.doc EXHIBIT "A" COOPERATIVE AGREEMENT DESIGN AND CONSTRUCTION OF TRAFFIC CONTROL SIGNALS Location Number 1 - Dune Palms Road at Desert Crest Drive (Amelia Earhart Elementary School) - New Traffic Signal Construction $ 135,000.00 Design $ 13,500.00 Inspection/Testing/Survey $ 10,462.50 Administration $ 6,750.00 Contingency $ 13,500.00 SUB -TOTAL: $ 179,212.50 Location Number 2 - Miles Avenue at John Glen Middle School - Pedestrian Signal Construction $ 78,000.00 Design $ 7,800.00 Inspection/Testing/Survey $ 5,937.50 Administration $ 3,900.00 Contingency $ 7,800.00 SUB -TOTAL: $ 103,437.50 Total Cost Both Locations Construction $ 213,000.00 Design $ 21,300.00 Inspection/Testing/Survey $ 16,400.00 Administration $ 10,650.00 Contingency $ 21,300.00 3TAL ESTIMATED COST: $ 282,650.00 SR2S GRANT AMOUNT: $ 244,800.00 REMAINING PROJECT COSTS: $ 37,850.00 LA QUINTA 1/3 PROJECT SHARE: $12,617 INDIO 1/3 PROJECT SHARE: $12,617 DSUSD 1/3 PROJECT SHARE: $12,617 10 ATTACHMENT 2 EXHIBIT "A" COOPERATIVE AGREEMENT DESIGN AND CONSTRUCTION OF TRAFFIC CONTROL SIGNALS Location Number 1 - Dune Palms Road at Desert Crest Drive (Amelia Earhart Elementary School) - New Traffic Signal Agreement Award Budget Budget Construction $ 135,000.00 $210,805.00 Design $ 13,500.00 $ 21,080.50 Inspection/Testing/Survey $ 10,462.50 $ 16,337.39 Administration $ 6,750.00 $ 10,540.25 Contingency $ 13,500.00 $ 21,080.50 SUB -TOTAL: $ 179,212.50 $ 279,843.64 Location Number 2 - Miles Avenue at John Glen Middle School - Pedestrian Signal Agreement Award Budget Budget Construction $ 78,000.00 $ 160,394.00 Design $ 7,800.00 $ 16,039.40 Inspection/Testing/Survey $ 5,937.50 $ 12,430.54 Administration $ 3,900.00 $ 8,019.70 Contingency $ 7,800.00 $ 16,039.40 SUB -TOTAL: $ 103,437.50 $ 212,923.04 Agreement Award Percent Total Cost Both Locations Budget Budget Difference Change Construction $ 213,000.00 $ 371,199.00 $ 158,199.00 74% Design $ 21,300.00 $ 37,119.90 $ 15,819.90 74% Inspection/Testing/Survey $ 16,400.00 $ 28,767.92 $ 12,367.92 75% Administration $ 10,650.00 $ 18,559.95 $ 7,909.95 74% Contingency $ 21,300.00 $ 37,119.90 $ 15,819.90 74% TOTAL ESTIMATED COST: $ 282,650.00 $ 492,766.67 $ 210,116.67 74% SR2S GRANT AMOUNT: REMAINING PROJECT COSTS: LA QUINTA 1/3 PROJECT SHARE: INDIO 1/3 PROJECT SHARE: DSUSD 113 PROJECT SHARE: $ 244,800.00 $ 37,850.00 $12,617 $12,617 $12,617 $ 244,800.00 $ 247,966.67 $82,656 $82,656 $82,656 r> •^i q •.. r :1 1 1 MASTER AGREEMENT ATTACHMENT 3 ADMINISTERING AGENCY - STATE AGREEMENT FOR STATE FUNDED PROJECTS District 08 Agreement No. 000431 City of La Quinta Adminstering Agency THIS AGREEMENT, made effective this 29th day of September, 2005, is by and between the City of La Quinta, hereinafter referred to as 'ADMINISTERING AGENCY,' and the State of California, acting by and through its Department of Transportation, hereinafter referred to as 'STATE.' WITNESSETH WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation facilities; and WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from the STATE Transportation Improvement Program (STIP), or other programs, as defined in the Local Assistance Program Guidelines for use on local transportation facilities as local administered PROJECT(s), hereinafter referred to as "PROJECT"; and WHEREAS, said PROJECT will not receive any federal funds; and WHEREAS, STATE is willing to enter into an AGREEMENT with ADMINISTERING AGENCY to delineate those certain obligations placed upon ADMINISTERING AGENCY relative to the use of said State funding and the prosecution of said PROJECT by ADMINISTERING AGENCY. NOW, THEREFORE, the parties agree as follows: ARTICLE I - PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to any programmed project unless and until a PROJECT -specific program supplement, adopting all of the terms and conditions of this AGREEMENT, hereinafter referred to as "PROGRAM SUPPLEMENT," has been fully executed by the parties. 2. A Financial commitment of state funds will occur only following the execution of this AGREEMENT together with the subsequent execution of each applicable PROGRAM SUPPLEMENT. 3. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of State funds encumbered to the PROJECT described in the PROGRAM SUPPLEMENT, to comply with the terms of this AGREEMENT and all of the agreed -upon Special Covenants and 90 12 1 /5/00 conditions attached to or made a part of the PROGRAM SUPPLEMENT, identifying and defining the nature of that specific PROJECT. 4. The PROGRAM SUPPLEMENT shall designate the ADMINISTERING AGENCY responsible for implementing the various phases of the PROJECT, the State funding program, and the matching funds to be provided by ADMINISTERING AGENCY and/or others. Adoption and execution of the PROGRAM SUPPLEMENT by ADMINISTERING AGENCY and STATE, incorporating the terms and conditions of this AGREEMENT into the PROGRAM SUPPLEMENT as though fully set forth therein, shall be sufficient to bind the ADMINISTERING AGENCY to these terms and conditions when performing the PROJECT. Unless otherwise expressly delegated in a resolution by the ADMINISTERING AGENCY'S governing body and concurred in by STATE, the PROGRAM SUPPLEMENT shall be managed by the ADMINISTERING AGENCY's governing body. 5. PROJECT shall be acquired, designed, and constructed (a) as required in the Local Assistance Program Guidelines, (b) such other STATE procedures as are identified in the PROGRAM SUPPLEMENT, and (c) as is specified in this AGREEMENT. 6. Unless otherwise provided in the PROGRAM SUPPLEMENT, the ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 7. The estimated cost and scope of PROJECT will be as described in the PROGRAM SUPPLEMENT and STATE funding participation is limited to the amounts established by STATE. A contract awarded by ADMINISTRATING AGENCY for an amount in excess of said approved estimate may exceed said PROGRAM SUPPLEMENT cost estimate provided (a) ADMINISTERING AGENCY provides the necessary additional funding or (b) a PROJECT cost increase in State funding is first requested by ADMINISTERING AGENCY and is approved by STATE in the form of an amended PROGRAM SUPPLEMENT or a STATE approved encumbrance document adding (or deleting) PROJECT funds. 8. Subsequent to the inclusion of the PROJECT in a plan or program approved by STATE and the ADMINISTERING AGENCY entering into this AGREEMENT and the PROGRAM SUPPLEMENT, the ADMINISTERING AGENCY may request and receive payment for eligible work as follows: (a) STATE will reimburse the STATE's share of eligible participating PROJECT costs monthly in arrears upon ADMINISTERING AGENCY's submittal of signed acceptable monthly progress pay invoices (in duplicate) for expenditures actually made by ADMINISTERING AGENCY. (b) If PROJECT involves work on the STATE highway system, that PROJECT shall also be the subject of separate standard forms of STATE encroachment permits issued to ADMINISTERING AGENCY and any contractors and, where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY to determine how PROJECT is to be acquired, designed, or constructed and to establish ownership and future maintenance obligations. 13 1 /5/00 (c) State funds will not participate in any portion of PROJECT work performed in advance of either the effective date of the executed PROGRAM SUPPLEMENT for said PROJECT or the effective date of this AGREEMENT. 9. The total of all ADMINISTERING AGENCY invoices (submitted monthly or quarterly in arrears) for reimbursement of participating PROJECT costs, including all required ADMINISTERING AGENCY matching funds, must not exceed the actual total allowable PROJECT costs, including, but not limited to, all completed preliminary engineering work, right of way acquisition, design and construction included within the PROJECT description contained in the PROGRAM SUPPLEMENT. 10. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall reference (a) this AGREEMENT number, (b) the PROJECT title and number, (c) the progress billing number for the PROJECT, and (d) shall be formatted and costs reported in accordance with the current version of Chapter 5, "Accounting/Invoices," of the Local Assistance Procedures Manual published by STATE. 11. STATE programmed amounts may be increased to cover PROJECT cost increases only (a) if such funds are available, (b) STATE concurs with that proposed increase, and (c) STATE executes an amending PROGRAM SUPPLEMENT or a STATE approved encumbrance document encumbering those funds. 12. When additional State fiends are not available, the ADMINISTERING AGENCY agrees that the payment of State funds will be limited to the amounts already approved in the PROGRAM SUPPLEMENT and all STATE approved encumbrance documents and that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY funds. 13. The legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain employment practices with respect to contract and other work financed with State funds. ADMINISTERING AGENCY shall ensure that work performed under this AGREEMENT is done in conformance with the rules and regulations embodying such requirements where they are applicable. 14. ADMINISTERING AGENCY and its subcontractors shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support reimbursement payment vouchers or invoices which segregate and accumulate costs of PROJECT work elements and produce monthly reports which clearly identify reimbursable costs, matching costs, and other expenditures by ADMINISTERING AGENCY. 15. ADMINISTERING AGENCY and all subcontractors shall comply with the Uniform Administrative Requirements for State and Local Governments set forth in the Code of Federal Regulations (CFR), Title 49, Part 18. In addition, the ADMINISTERING AGENCY agrees to comply with the cost principles and procedures set forth in Office of Management and Budget Circular A-87. The ADMINISTERING AGENCY agrees that a reference to either Office of Management and Budget (OMB) Circular A-87 or the Code of Federal Regulations, Title 48, Chapter 1, Part 31, whichever is applicable and the code of Federal Regulations, Title 49, Part 18, will be included in any subcontracts entered into as a result of this AGREEMENT. 14 _ _ 1/5/00 16. After completion of all work under this AGREEMENT, and after all PROJECT costs are known, ADMINISTERING AGENCY shall contract for a financial audit of PROJECT costs if those costs are in excess of $300,000. This Audit, to be accomplished at the ADMINISTERING AGENCY's expense, may be done on an individual PROJECT basis, or PROJECT may be included in the ADMINISTERING AGENCY's annual Single Audit. If an individual audit of PROJECT is done, the auditor must prepare a Final Audit Report. If ADMINISTERING AGENCY chooses the Single Audit option, an audit report is required for the State funding share. This report should be prepared in accordance with the guidelines set forth in OMB Circular A-133. Compliance testing performed for this audit should determine whether the ADMINISTERING AGENCY has a system that is adequate to accumulate and segregate reasonable, allowable and allocable costs to assure that: (a) Reimbursement claims submitted to STATE for the PROJECT are supported by payment vouchers and canceled checks. (b) Charges for the various categories of eligible PROJECT costs incurred by the ADMINISTERING AGENCY are fully supported and recorded in the ADMINISTERING AGENCY's accounting records in accordance with generally accepted accounting principles. (c) The ADMINISTERING AGENCY complied with CFR 49 Part 18, Uniform Administrative Requirements for State and Local Governments and OMB A-87, Cost Principles for State and Local Governments. Any instances of noncompliance or costs determined ineligible in accordance with these regulations but claimed for reimbursement should be identified and set forth in the auditor's report. 17. The "State Report of Expenditures" must be completed by ADMINISTERING AGENCY within one hundred eighty (180) days of PROJECT completion in the format described for State funded projects in Chapter 17, "Project Completion" of the Local Assistance Procedures Manual. The Final Invoice must be submitted with the "State Report of Expenditures". The Audit must be completed by the December 30th following the fiscal year of PROJECT completion. Project completion is defined as when all work identified in the approved PROJECT Application and PROGRAM SUPPLEMENT has been completed and final costs are known. The report documents (State Report of Expenditures and Final Audit Report) will be sent to the appropriate STATE office. Failure to comply with these reporting requirements may result in the withholding of future allocations for other projects. 18. STATE reserves the right to conduct technical and financial audits if it is determined to be necessary. After any financial audit, ADMINISTERING AGENCY shall promptly refund any excess State funds erroneously reimbursed to ADMINISTERING AGENCY. 19. Should ADMINISTERING AGENCY fail to refund all moneys due STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT, then, within thirty (30) days of STATE's demand, or within such other period as may be agreed to in writing between the parties hereto, STATE, acting through the State Controller, the State Treasurer, the California Transportation Commission (CTC), or any other public agency, may withhold or demand a transfer of an amount equal to the PROJECT 33 15 1/5/00 amount paid by STATE from future apportionments or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other funds and/or may withhold approval of future ADMINISTERING AGENCY projects. 20. Should ADMINISTERING AGENCY be constituted as a joint powers authority, a special district, or any other public entity not directly receiving funds through the State Controller and ADMINISTERING AGENCY is declared by STATE to be in breach of this AGREEMENT or otherwise in default, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article I-19, from any or all, joint and several, of those constituent entities comprising the joint powers authority or by the bringing of an action against ADMINISTERING AGENCY and its constituent member entities to recover all funds provided by STATE hereunder. The ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTRING AGENCY and further warrants that there is nothing within the Joint Powers Agreement itself that would restrict or otherwise limit STATE's ability to recover state funds improperly spent by the ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT. 21. When PROJECT is not on the STATE highway system, but includes work to be performed by a railroad, the contract for such work shall be prepared and administered by ADMINISTERING AGENCY or by STATE, as the parties may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed or constructed under that contract. ARTICLE II - ENGINEERING 1. "Project Development Costs" includes all preliminary work directly related to the PROJECT up to contract award for construction, including, but not limited to, environmental studies, preliminary surveys and reports, laboratory work, soil investigation, preparation of plans, specifications and estimates, advertising for bids, awarding contract, as well as project development contract administration. 2. "Construction Engineering" eligible costs include actual inspection and supervision of PROJECT construction work, construction staking, laboratory and field testing, preparation and processing of field reports, and records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities. 3. Unless the parties shall otherwise agree in writing, ADMINISTERING AGENCY's employees or its subcontractor engineering consultant shall be responsible for all PROJECT engineering work. When construction engineering is performed by STATE, charges by STATE invoiced to ADMINISTERING AGENCY shall include an assessment on direct labor costs in accordance with Section 8755.1 of the State Administrative Manual. Any portions of STATE charges not contractually absorbed by STATE shall be paid from PROJECT or other funds administered by ADMINISTERING AGENCY. In 16 li5ioo 4. Costs incurred by ADMINISTERING AGENCY in the period prior to the effective date of this AGREEMENT or prior to a later date specified in a PROGRAM SUPPLEMENT or after termination date for PROJECT described in the PROGRAM SUPPLEMENT or this AGREEMENT are not allowable by STATE as reimbursable or matching costs. ARTICLE III - RIGHT-OF-WAY I. All related rights -of -way necessary for the construction of PROJECT shall be acquired by ADMINISTERING AGENCY, and no contract for construction of PROJECT or any portion thereof shall be advertised until those necessary rights -of -way have been secured. 2. The furnishing of rights -of -way as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise: (a) expenditures to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. (b) the payment of damages to real property not actually taken but injuriously affected by the proposed improvement. (c) the cost of relocating owners and occupants pursuant to Government Code Sections 7260-7277. (d) the cost of demolition and sales of all improvements on the right-of-way after credit for sale proceeds. (e) the cost of all unavoidable utility relocation, protection or removal. (f) the cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY is not responsible and where the actual generator cannot be identified and recovery made. 3. Should ADMINISTERING AGENCY, in acquiring right-of-way for PROJECT, displace an individual, family, business, farm operation or nonprofit organization, the ADMINISTERING AGENCY shall provide relocation payments and services as required by California Government Code Sections 7260-7277. 4. State funds will not participate in any PROJECT costs arising out of delays to construction or a demolition contractor's orderly prosecution of the PROJECT work because utilities have not been timely removed or relocated or due to the unavailability of rights -of -way. 5. If any protection, relocation or removal of utilities is required within STATE's right-of-way, such work shall only be performed in accordance with then current STATE policies and procedures. ADMINISTERING AGENCY shall require any utility company performing relocation work in the STATE's right-of-way to obtain a STATE Encroachment Permit prior to the performance of said relocation work. Any relocated utilities shall be correctly located and identified on the PROJECT as -built plans. 17 115100 ARTICLE IV - MISCELLANEOUS PROVISIONS 1. The cost of security, protection, or maintenance performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of the work or at any other time may not be charged to the PROJECT. 2. Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority, or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and hold STATE, its officers and employees harmless from any liability imposed for injury (as defined be Government Code Section 810.8) occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority, or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. 3. Neither ADMINISTERING AGENCY nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reasons of anything done or omitted to be done by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and hold ADMINISTERING AGENCY harmless from any liability imposed for injury (as defined be Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this AGREEMENT. 4. Auditors of state shall be given access to books and records of ADMINISTERING AGENCY and its consultants, contractors and subcontractors for the purpose of verifying PROJECT costs and STATE's share to be paid or credited to ADMINISTERING AGENCY for matching funds. ADMINISTERING AGENCY shall include clauses in its contracts for PROJECT obligating consultants, contractors and subcontractors to conform and cooperate in any audit of their PROJECT costs including providing copies of all requested documents and financial records. 5. ADMINISTERING AGENCY will maintain and operate the PROJECT property acquired, developed, rehabilitated, or restored for its intended public use as proposed in those documents supplied by ADMINISTERING AGENCY as part of PROJECT funding applications and as described in this AGREEMENT until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the property may transfer this obligation and responsibility to maintain and operate the PROJECT property to another public entity. iv. 1 /5/00 6. Upon ADMINISTERING AGENCY acceptance of the completed PROJECT construction contract or upon the construction contractor being relieved of the responsibility for maintaining and protecting any portion of the work, the ADMINISTERING AGENCY having jurisdiction over the PROJECT shall maintain, repair and restore any damaged portions of the completed work in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, under ADMINISTERING AGENCY's jurisdiction is not being properly operated, maintained, repaired or restored and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition satisfactory to STATE. The provisions of this section shall not apply to a PROJECT which has been vacated, as preapproved by STATE, through due process of law. 7. The ADMINISTERING AGENCY obligation to maintain, referred to in paragraph 6 above, includes not only the physical condition of the PROJECT but its continued operation as well. PROJECT shall be maintained by an adequate and well -trained staff of engineers and/or such other professionals and technicians as the PROJECT requires. Said maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under an agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. 8. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY, either in whole or in part. 9. No alteration or variation of the terms of this AGREEMENT or the PROGRAM SUPPLEMENT shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 10. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 11. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution. ARTICLE V - CONDITION OF ACCEPTANCE ADMINISTERING AGENCY shall conform to all State statutes, regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto, hereafter collectively referred to as PROCEDURES, applicable to PROJECT, unless otherwise designated in the approved PROGRAM SUPPLEMENT. n87 19 vsioo This AGREEMENT and any PROGRAM SUPPLEMENT(s) executed under this AGREEMENT shall terminate upon sixty (60) days' prior written notice by STATE except that obligations relative to the respective parties indemnification shall not expire and the ADMINISTERING AGENCY's duties assumed under Sections 4, 5, 6 and 7 of Article IV shall continue for so long as PROJECT remains operable. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation By Office of Project Implementation Division of Local Assistance Date City of La Quinta By (Authorized Representative) Date 1i5i00 20 ATTACHMENT 4 PROGRAM SUPPLEMENT NO. B27 Date:October 20, 2005 to Location: 08-RIV-0-LQNT ADMINISTERING AGENCY -STATE AGREEMENT Project Number:SR2SL-5433(006) FOR STATE FUNDED PROJECTS NO. 000431 E.A. Number:08-924925 Locode:5433 This PROGRAM SUPPLEMENT, effective q /A hereby incorporates into the Administering Agency - State Agreement No. 000431 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 08/24/05 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached). The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, it accepts and will comply with the Special Covenants and Remarks set forth on the following pages. PROJECT LOCATION: Intersection of Dune Palms Road and Desert Crest Drive and on Miles Avenue TYPE OF WORK: Pedestrian -activated crosswalk and traffic signal Estimated Cost State Funds Matching Funds STATE $225,630.00 LOCAL OTHER $319,609.00 $93,979.00 $0.00 $0.00 CITY OF LA QUINTA STATE OF CALIFORNIA Department of Transportation By By Chief, Office of Project Implementation Date Division of Local Assistance Date Title I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting officer 6 Date t 11 t - 0 $225,630.00 Chapter Statutes item Year rogram BC L Category Fund Source AMOUNT 208 2004 2660-102-042 2004-2005 20.30.010.535 C 262040 042-T 225,630.00 Program Supplement 00-0431-B27- SERIAL 21 08-RIV-0-LQNT SR2SL-5433(006) 10/20/2005 SPECIAL COVENANTS OR REMARKS 1. 1. This Program Supplement Agreement (PSA) is intended for Safe Route to School (SR2S) Program funded with State -only funding. Separate agreements are needed if PROJECT is also funded with any other STATE administered State or Federal funds. 2. The PROJECT will be administered in accordance with the SR2S Program Guidelines (LPP 02-01 effective March 11, 2002), as approved and amended, and the PROJECT Application. 3. This PSA allows reimbursement of eligible PROJECT expenditures to the ADMINISTERING AGENCY for which State funds are allocated. The effective State allocation date establishes eligibility for the ADMINISTERING AGENCY to start reimbursable work and seek reimbursement of funds. Any work done prior to the effective allocation date is not eligible for reimbursement from the SR2S funds. 4. The STATE and ADMINISTERING AGENCY agree that SR2S funds available for reimbursement to the ADMINISTERING AGENCY by the STATE will be limited to the amount allocated and encumbered by the STATE. Any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE approved Allocation Letter and Finance Letter. 5. The ADMINISTERING AGENCY agrees to submit to the STATE, Exhibit 24-B "Project Status Report" as required by the SR2S Program Guidelines. 6. The ADMINISTERING AGENCY agrees to encumber the funds under agreement and award the construction contract by June 30th of the fiscal year in which funds are programmed. For projects unable to meet this deadline, the ADMINISTERING AGENCY may request, in writing, a time extension from the District Local Assistance Engineer (DLAE). A one-time extension, for a maximum period of one year, may be granted by the DLAE. Projects unable to meet the new deadline may be dropped from the program. 7. The ADMINISTERING AGENCY agrees to provide contract award information to the STATE when submitting first invoice for this PROJECT. Attachment I of this PSA may be used for providing the necessary contract award information. Program Supplement 00-0431-B27- SERIAL 08-RIV-0-LQNT SR2SL-5433(006) 10/20/2005 SPECIAL COVENANTS OR REMARKS 8. The ADMINISTERING AGENCY agrees to submit the "Report of Expenditures" to the DLAE within six (6) months after the project completion in accordance with Section 17.5 of the Local Assistance Procedures Manual (LAPM). 9. The ADMINISTERING AGENCY agrees to follow all relevant State laws and requirements including the California Environmental Quality Act (CEQA). 2. The ADMINISTERING AGENCY will reimburse the STATE for the ADMINISTERING AGENCY share of costs for work requested to be performed by the STATE. 3. Any State and Federal funds that may have been encumbered for this project are only available for disbursement for a period of five (5) years and seven (7) years, respectively, from the start of the fiscal year(s) that those funds were appropriated within the State Budget Act. All project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested and is approved by the California Department of Finance per Government Code Section 16304. The exact date of each fund reversion will be reflected in the approved finance letter(s) issued for this project. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement that is not submitted to the Department on or before 60 days after that applicable fixed fund reversion date will not be paid from that fiscal year's encumbered funds because all of these unexpended funds will be irrevocably reverted by the Department's Division of Accounting on that date. Pursuant to a directive from the State Controller's Office and the Department of Finance, the last date to submit invoices for reimbursed work in each fiscal year is May 15th in order for payment to be made out of those then current appropriations. Project work performed and invoiced after May 15th will be reimbursed only out of available funding that might be encumbered in the subsequent fiscal year, and then only when those funds are Program Supplement 00-0431-B27- SERIAL 23 08-RIV-0-LQNT 10/20/2005 SR2SL-5433(006) SPECIAL COVENANTS OR REMARKS actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting office. 4. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds. Program Supplement 00-0431-B27- SERIAL 24 ATTACHMENT 5 0o (LCD 0 M H m L!J U') Q •; W cn f c; > N N Q o Z Z F- Q LLp Q U Z W 0 W (D -) of/)� U� aUa LL LL Q m 4 [L W � Q o F- M V% O O N } LL p O O O O O O (n N 0 In t!7 t0 r N 0 O 0 O 0 O (O N O O O O O O O O O O W p W C)O C) CD C) c) (D CD t- 00 O r in M C) (DO C) � (7 M (D C) CDM 0 0 (D 0 C)Z C)v O Z V (` c'') O N ti In c) V Ui CO O r o� V O d o0 N N co Di In M r V QW Efi E!i (A EA w (A (A U') w Q4 Y) v> Ki cfl EA (A Z Q W o 0 0 o 0 O (O t� U') r Lr) (O Lf) (D o O o O C) O n r o O 0 0 0 0 0 0 } U Z O O O co co (D N 0 O LO t CO N (n c O O O m O O O O O O O 7 ti r CDco v w a F E- t m ? N 0 N N O o N r N t� N Z p 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 O 0 o 0 0 0 0 W p V 0 O 0 0 0 L2 0 cn 0 t m (.D 0 In 0 O 0 O 0 O 0 L t� ti N O O Ln O a) O Z O LQ (D O ti N O O O (0 00 t� O O r N V Lo rn M UXa Z W (» (A (» (0 6) (A (A (A 69 (A EA (A 69 ul) Ki 09 X m V o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 cc 0 0 0 0 0 0 0 0 0 0 0 p O C) 0 )1") 0 M D) cV 0 O 0 O 0 V 0 co t� h N O O Loi O a O O O N O O t� O O F_- N co O (VD Z 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 O 0 O 0 o 0 0 0 0 0 0 0 0 0 W I- p W o 0 0 0 0 0 0 (n 0 0 0 0 0 0 CDm N (D (r) N o O 0 (Do 00 Q W p U C) O (D O C:) (O O c0 U-)c0 O O N o 0 0 0 CO Vn (1J Oi � Z (D O (17 r O N N N00 CO (D (D p F-G r r r N W (n W (A Efl EA (n w En (Al (A EA bs EA EA w (R (A {H O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O O 0 O 0 O 0 O W Z U iR O O 0 0 0 l0 O N 00 00 N O O t1 C 0 (n C' (O u? o U Z N co O (n M (D N M (D W Z r � � .`. (A (A EA (» (f> (A (iJ (A (9 (fl 69 (» (A W u O U �v Z U-) N C) N LO H N N ~ LL U- LL U- Q LL LL (n (n (n 0 Z J J J (n (n J J U W J (n J J J J CD cn @ C _ CO @ L 0 O 3 a 0 @ co O C @ cn a) CY O Z O 0 Q N IL > @ c Y 0, Q p a - m 3 U o U) 0 c U LL U m i U c U> O.� c c a0i W a U U U U U L .o m c .2 i � 0 ca 0 p o ( c Q a d (n Q > c0i 0 0 a) E Co a) o c 12 a) C O p C C C U Q C > (� c N U C (n .- C C Llxl U U O` U _ @ @ F co C _ N 7 'X 'X 'X N 'D Q_ (D a C N C U "o c c O C� o W W W x W a) w .- 0) <n a) m U <ncy @ N U 0 a) a) a) N ` (AD 0 0 0 0 0 v c c cn Q N c N O O a) O a) @ C O O_ a) Q cr Lu O N J V (O 0 - - - O r N 7 V 17 F- z n 13 23 T-vf ot 4 agwo AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 6, 2005 BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Consideration of Jim Murray SilverRock STUDY SESSION: Alumni Challenge Participation PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 21, 2005, the City Council approved an agreement for Title Sponsorship of the Jim Murray SilverRock Alumni Challenge with the International Golf Museum and Jim Murray Memorial Foundation. The event will take place December 1 1-13, 2005 at the Arnold Palmer Classic Course at SilverRock. Among other activities, the event involves a 36-hole golf tournament that will take place on December 12 and 13. It will consist of 36 four -person teams representing colleges and universities from across the nation. In addition, there will be one celebrity playing in each group. To date, some of the known celebrity participants include: Bobby Grich, Steve Garvey, Willie Gault, Joe Mantegna, Dennis Haysbert, James Sikking, Bruce McGill, Ron Masak, and Fred Williamson. Five thousand dollars has been set aside for the winning alumni team, representing a donation that will be made on behalf of the winning team to the college or university of their choice. i 9 4 As Title Sponsor of the Jim Murray SilverRock Alumni Challenge, the City of La Quinta is entitled to the following: - Four, four -person teams - 30 VIP/hospitality area passes - One table of 12 for Scholars Reception (Sunday, December 11, 5-7:30 p.m.) - One table of 12 for Awards Luncheon (Tuesday, December 13, 2-4:00 p.m.) Additionally, although not included in the agreement, the Tournament Director is requesting Council participation in the "Great Ones" Awards Banquet taking place Monday, December 12, 6:45 p.m. at the La Quinta Resort & Club. Baseball Hall-of- Famer Duke Snider will be honored. Staff is soliciting City Council input in regard to who the Council may wish to include in the items listed above. A schedule of events is provided as Attachment 1 and provides more details (including times and locations). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Provide staff direction on the level of participation desired in the Jim Murray SilverRock Alumni Challenge event and golf tournament; or 2. Direct staff to decline full or partial participation in the Jim Murray SilverRock Alumni Challenge; or 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager Attachment: 1 . Schedule of Events for the Jim Murray SilverRock Alumni Challenge ATTACHMENT 1 Jim Murray SilverRock Alumni Challenge December 11-13, 2005 Arnold Palmer Classic Course at SilverRock Schedule of Events Sunday, December 11: 12-1 :30 p.m. Junior Skills Challenge —at SilverRock Resort (driving range) 3-4:30 p.m. Sports & Media Symposium —at the La Quinta Resort & Club 5-7:30 p.m. Murray Scholars Reception/Welcome Party —at the La Quinta Resort & Club Monday, December 12: 7:30-8:45 a.m. Registration and Putting Contest—SilverRock Resort (driving range will be major staging area) 9:00 a.m. First round shotgun start —at SilverRock Resort 2:30 p.m. Golf Clinic (18`h tee at SilverRock Resort) 5:30 p.m. Cocktails —at the La Quinta Resort & Club 6:45 p.m. Dinner —the "Great Ones" Banquet Honoring Duke Snider —at the La Quinta Resort & Club Tuesday, December 13: 8:30 a.m. Final round begins —shotgun start at SilverRock Resort 2-4:00 p.m. Awards Luncheon in the tent next to the clubhouse at SilverRock Resort �cs' ti5 OFT COUNCIL/RDA MEETING DATE: December 6, 2005 AGENDA CATEGORY: �J BUSINESS SESSION: ` CONSENT CALENDAR: ITEM TITLE: Consideration of Membership Status in Relation to the Palm Springs Desert Resorts STUDY SESSION: Convention and Visitors Authority PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council considered a Business Item regarding membership status in relation to the Palm Springs Desert Resorts Convention and Visitors Authority (CVA) at their regular meeting of November 15, 2005. At that time, Council considered an action to initiate the withdrawal process. As presented on November 15 and previously outlined in related staff reports, the process to withdraw from the CVA can be outlined as follows (per the CVA's JPA, Article XIII, Withdrawal of Member Organization): 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 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 On November 15, the motion to initiate the withdrawal process failed on a 2-2 vote. Per Section 7.4 of the Council rules, "If a tie vote results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council." The Council did not "order otherwise;" therefore, the item has been placed back on the agenda. As Council may be aware, the deadline for a 2007 withdrawal has passed (it was November 30, 2005). If all Council Members are not present on December 6, Council can direct that the item be brought back on December 20. Alternatively, Council may wish to exercise the "unless otherwise ordered" rule and direct staff, for example, to place the item on the agenda in November 2006. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Direct staff to bring the item back at the next regular City Council meeting; or 2. Direct staff to bring the item back in November 2006; or 3. Provide staff with alternative direction. Respectfully submitted, }10 Thomas P. Genovese, City Manager 2- 9 3 2 ceit�v 4 4 a" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 6, 2005 Q BUSINESS SESSION: U ITEM TITLE: Consideration of City Council Reorganization CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: That the City Council select a member to serve as Mayor Pro Tern for a term as provided by Resolution No. 98-109. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The provisions of Resolution No. 98-109 require that in accordance with Government Code Section 36801, the Council shall meet on the Tuesday after each general municipal election and choose one of its members as Mayor Pro Tempore. Each selection shall be by three or more affirmative votes, and a failure to achieve such total of affirmative votes shall be deemed a selection of the incumbent to remain in office. Each person so selected shall serve until a successor is chosen (at any time) by three or more affirmative votes, provided that at the second regular meeting in November of each odd numbered year, the office of Mayor Pro Tempore shall automatically be reconsidered by the Council. On December 7, 2004, when the results of the General Municipal Election were certified, the City Council voted to delay their selection of the Mayor Pro Tem and hold it concurrently with the reorganization of the Redevelopment Agency which is held during the first meeting in January. Council Member Stanley Sniff was elected to serve as Mayor Pro Tem at that time. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Select a Mayor Pro Tem to serve a term as provided by Resolution 98-109; or 2. Provide staff with alternative direction. Respectfully submitted, Ju reek, City Clerk Approved for submission by: Thomas P. Genovese, City Manager r) ,n 0,10 2 G£n! OFT COUNCIL/RDA MEETING DATE: December 6, 2005 ITEM TITLE: Consideration of a City Council Retreat/Workshop RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None at this time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: 13USINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: At the February 1, 2005 City Council meeting, Council Member Osborne suggested having a one -day retreat in the fall for Council to meet with staff to prioritize City Council goals. The primary focus discussed at that meeting was a retreat/workshop engaging the prioritization of City Council goals. At the November 15, 2005 City Council meeting, the Council discussed the potential of conducting a City Council Retreat/Workshop. Provided as Attachment 1 is the staff report presented at the referenced meeting. As a result of the discussion, staff was directed to come back at the December 6, 2005 City Council meeting with a report indicating the decisions that would need to be made if the City Council decided to have a workshop. Outlined below are the significant decisions that need to be made if a workshop is desired. Date, Time and Place The date, time and place of the workshop is in part dependent upon the content and Agenda of the workshop. However, if one of the Agenda items (as discussed at the last City Council meeting) is "Discussion of the City Council Goals," staff would recommend that such a workshop be conducted in early February to coincide with the start of the City's strategic planning process. The time and place should take into consideration the public participation anticipated/desired. Agenda The Agenda is dependent upon the desired outcome/goal of the workshop. So far, primary discussions for subject matter have centered around City Council goals. Additionally, other matters (not specifically Agenda Items) discussed at the last City Council meeting were a citizen survey, Council policies and procedures, and Council occupied Commissions (such as CVAG). Additionally, Council Member Osborne has mentioned an additional Agenda Item of "Crime Issues." The Agenda could contain all of these items, or could have some of the items, such as a citizen survey or "crime issues" as goals of the City Council for discussion at a separate date or agenda. Facilitator The decision to have a facilitator is in part a function of the goals of a workshop and the Agenda of a workshop. However, this decision is more dependent on the desires of the City Council. Staff will be prepared to go over each of these items with the City Council to assist in the decision to have a workshop. If the decision of the City Council is to have a workshop, it could be publicized in the next newsletter anticipated to be distributed in January. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Direct staff to organize a Council retreat/workshop; or 2. Do not direct staff to organize a Council retreat/workshop; or 3. Provide staff with alternative direction. Attachment Respectfully submitted, goo/ �•;; ,,z°� � _� �^'�z.° --+tea- .-.-'2%'"�'.-G=' 1- `"� ::C.,�_ Thomas P. Genovese, City Manager 1 1-15-05 staff report r - � ATTACHMENT 1 L01 00 c£ OF TtIEO COUNCIL/RDA MEETING DATE: November 15, 2005 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Consideration of a City Council Retreat CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None at this time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the February 1, 2005 City Council meeting, Council Member Osborne suggested having a one -day retreat in the fall for Council to meet with staff to prioritize City Council goals. Council Member Osborne stated he would like to review the various goals in more depth and receive feedback from staff. After a brief discussion, Council concurred and asked staff to bring the item back with additional information in the fall. Staff has provided preliminary research gathered from other City Council's in and around California who have held Council retreats (Attachment 1). Some items up for discussion at the various retreats include the following: Council Procedures & Processes Council Meeting Schedule Public Information and Communications Team Development & Team Building n Oral Communications Regional Assignments Identification of Strategic Issues Development of City's Vision Statement 3-Year Goal Identification Discussion of Council Functions and Board/Committee/Commission Functions Council/Council & Council/Staff Communication and Working Relationships Working Relationships/Communication with City Commissions and Boards Highlighting City Accomplishments Orientation of New Council Members As identified in the research gathered, the range is wide with regard to the subject matter of Council retreats/workshops. The primary focus discussed at the February 1, 2005 City Council meeting (Attachment 2 — excerpt) was a retreat/workshop engaging the prioritization of City Council goals. As the City Council is aware, the City Council normally conducts a Study Session each year to discuss the City Council goals for the upcoming year. This discussion is part of the City's strategic planning process. Last year the City Council conducted this Study Session in March, and as part of this Study Session also discussed the Annual Financial Management Review. The Annual Financial Management Review is the first component of the strategic planning process. The additional components of the process include the Economic Development Plan, the Capital Improvement Program, the Annual Budget, and the Five -Year Resource Allocation Plan. Attachment 3 is the staff report for the referenced City Council Study Session. If it is the City Council's desire to have a retreat/workshop regarding the City Council goals, this could be accomplished utilizing a format similar to the Study Session. The time and date would need to be determined by the City Council, as well as a determination made as to whether to have the retreat/workshop facilitated by a firm or an individual. Another option is to have a City Council retreat/workshop on other subjects such as those identified in the research conducted by staff. If this option is chosen, staff would need additional direction with regard to subject matter, goal of the retreat/workshop, and whether to have a facilitator. Staff will be available to discuss the various options with the City Council. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Direct staff to organize a Council retreat; or 2. Do not direct staff to organize a Council retreat; or 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager Attachments: 1 . Retreat Information 2. Excerpt from February 1, 2005 Council meeting 3. March 3, 2005 Study Session staff report 1 a tj ATTACHMENT 1 Tiht 4 .fwQal!Krw MEMORANDUM TO: Thomas P. Genovese, City Manager FROM: Terry Deeringer, Management Assistant -0 DATE: September 26, 2005 SUBJECT: Council Retreats Attached please find the following with regard to Council retreats: 1 . Council minutes from the City of Palo Alto regarding the purpose and agenda topics for a Council retreat; 2. Retreat Agenda from the City of Del Mar; 3. Press Release from the City of Oakley regarding the City Council's Strategic Planning Retreat; 4. Council minutes from the City of Mountain View regarding a Team Building Retreat they held; and 5. Minutes from the Special Work Session/Retreat conducted by the City Council of the city of Yuma, Arizona. These attachments are just a sampling of Council retreat ideas found on the Internet. Please advise what else you might need in this regard. City Council Minutes Page 1 of 2 City Council Minutes Special Meeting January 17, 1998 1. Council Retreat for the purposes of discussing 1) Council Procedures, 2) Council Meeting Schedule, 3) Public Information and Communications, and 4) Oral Communications 85-414 ADJOURNMENT: The meeting adjourned at 12:05 p.m. 85-414 The City Council of the City of Palo Alto met on this date at the Cultural Center in the Meeting Room at 9:05 a.m. PRESENT: Eakins, Fazzino, Huber, Kniss, Mossar, Ojakian, Rosenbaum, Schneider, Wheeler SPECIAL MEETINGS 1. Council Retreat for the purposes of discussing 1) Council Procedures, 2) Council Meeting Schedule, 3) Public Information and Communications, and 4) Oral Communications Mayor Rosenbaum set out the purpose of the Council Retreat to discuss the following topics: Council Procedures, Council Meeting Schedule, Public Information and Communications, and Oral Communications. City Attorney Ariel Calonne presented information regarding new changes to the Brown Act. Council and staff discussed Council procedural issues and Council meeting scheduling. Public Communication Officer Carol Hyman provided an overview of the Public Communications Plan. Council and staff also discussed the subject of Oral Communications. No action required. ORAL COMMUNICATIONS None. ADJOURNMENT: The meeting adjourned at 12:05 p.m. ATTEST: /s/ Gloria Young - City Clerk APPROVED: /s/ Dick Rosenbaum - Mayor NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto Municipal Code Sections 2.04.180(a) and (b). The City Council and Standing Committee meeting tapes are made solely for the purpose of facilitating the preparation of the minutes of the meetings. City Council and Standing Committee meeting tapes are recycled 90 days from the date of the meeting. The tapes are available for members of the public to listen to during regular office hours. What's New Palo Alto Facts City Hall Citty Services City Departments Community and the Arts , Community Links Contact Site Guide ,. CITY OF DEL MAR CITY COUNCIL AGENDA ADJOURNED MEETING - CITY COUNCIL RETREAT PACIFICA DEL MAR RESERVE ROOM DEL MAR PLAZA, 1555 CAMINO DEL MAR DEL MAR, CALIFORNIA Friday, January 10, 2003 —1:00 p.m. Roll Call and Call to Order Oral Communications City Council Team Development Suzanne Foucault, Retreat Facilitator and Team Building Dinner Pacifica del Mar Adjourn meeting to Saturday, January 11, 2003, at 8:30 a.m. at the Pacifica Del Mar Reserve Room, 1555 Camino del Mar, to continue the City Council Retreat. Saturday, January 11, 2003 — 8:30 a.m. Roll Call and Call to Order Oral Communications Council Processes Discussion of Regional Assignments Identification of Strategic Issues Pertinent To Vision 2020 Planning Oral Communications Adjournment Suzanne Foucault, Retreat Facilitator Mayor and City Council Terry Sinnott, TLS Management CERTIFICATION: I, Mercedes Martin, City Clerk of the City of Del Mar, hereby certify that a copy of the agenda was posted at City Hall and distributed to the City Council on Tuesday, January 7, 2003, at approximately 9:30 a.m. MERCEDES MARTIN, City Clerk DATE In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at 1050 Camino del Mar, or by calling 755-9313. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 1 f,1 City of Oakley - About Oakley Page I of I Press Release City of Oakley Holds Strategic Planning Retreat OAKLEY, California, February 28, 2002 - The City Council and Management team of the City of Oakley held an all -day "Strategic Planning Retreat" on February 27, 2002 at the Oakley DuPont site. During the retreat, the group developed a vision statement for the City, which reflects where they hope the City will be in the future. The vision statement reads: "BY 2007, THE CITY OF OAKLEY WILL BE RECOGNIZED AS A MODEL OF CIVIC PARTICIPATION AND A VIBRANT DELTA COMMUNITY WHERE FAMILIES LIVE, 6VORK, PLAY, SHOP AND VISIT " At the Retreat on Wednesday, the group brainstormed a list of what's going well with the City and also reviewed and updated the City's Three -Year Goals. The Goals for 2000-2003, not in priority order, are to: • ATTRACT AND RETAIN BUSINESSES TO THE CITY • COMPLETE AND BEGIN ONGOING IMPLEMENTATION OF A GENERAL PLAN • CREATE A FUNCTIONING AND VITAL DOWNTOWN, INCLUDING A CIVIC CENTER • ENSURE FINANCIAL STABILITY • MA INTA IN A FRIENDL Y, EFFICIENT, RESPONSIVE, EASILYACCESSIBLECITY ORGANIZATIONWITIIA HIGH LEVEL OF CIVIC PARTICIPATION • DEVELOP AND BEGIN IMPLEMENTATION OF A COMPREHENSIVE PARKS AND RECREATION PROGRAM The goal relating to Parks and Recreation was added to acknowledge the high demand for facilities and programs by the community. About the experience, Mayor Tinker Vanek said, "The Retreat is a wonderful experience because it allows Council and staff to spend a day together while working and prioritizing what is in the best interested for Oakley." Oakley's City Council and Management team have held a Strategic Planning Retreat every six months since incorporation. City Manager Mike Oliver explained, "The Strategic Planning Retreats are valuable because it allows the City Council the opportunity to 'chart the course' for our activities for the next six months." The minutes from the Retreat, including the new vision statement, the set of priority goals and the objectives (measurable outcomes that relate to each goal) will be presented at the next City Council meeting on Monday, March 11, 2002. After they have been approved, staff plans to post the goals and objectives to the City's website and update it monthly so the residents can see the City's progress. For a copy of the document or more information, please call Suzanne Murray at (925) 625-7000. City of Mountain View - City Government Page 1 of 2 KIN AN " CITY GOVT TOPICS Mou Top Ten Site L Search our Website City Code Council CITY COUNCIL MINUTES Current Agendas Current Minutes General Information SPECIAL MEETING—WEDNESDAY, JULY 17, 2002 Historical Documents RENGSTORFF HOUSE-3070 NORTH SHORELINE BOULEVARD Meeting Calendar 6:00 P.M. Roster Watcher's Guide Boards Commissions... 1. CALL TO ORDER Other Contact Info: The meeting was called to order at 6:15 p.m. with Mayor Lieber presiding. City Clerk: 650/903-6304 2. ROLL CALL City Clerk; Fax: 650/903-6039 PRESENT: Councilmembers Faravelli, Pear, Stasek, Zoglin, Vice Mayor Ks Mayor Lieber ABSENT: None. 3. ORAL COMMUNICATIONS FROM THE PUBLIC ON NONAGENDIZED ITEM Donald Letcher, Mountain View property owner, spoke expressing concerns re. Zoning Ordinance. 4. CITY COUNCIL STUDY SESSION —TEAM -BUILDING RETREAT The Council conducted a workshop/team-building retreat to explore and discus to the functioning of the Council and the City's boards, committees and commis preparation for new Councilmembers. The following provided a general outline discussion. • Workshop Overview • Review of City Council Norms/Values • Council/Council and Council/Staff, Communication and Working Relatior . Working Relationships/Communication with City Commissions and Corn • Highlighting City Accomplishments • Orientation of New Councilmembers/January Retreat The public input period was opened. J Donald Letcher, Mountain View property owner, spoke on the issue of Council Regular Council Worksession January 2, 2002 Page 2 of 9 Evelyn Casuga introduced herself and Sally Odette, noting that they are both employed by Arizona Public Services as trainers. She briefly described their backgrounds. She stated that today's session is part of an important process that sets the tone for the next several years. The ground rules for the discussions today are listed on the back of each person's nameplate. Odette led everyone in a welcoming exercise. Everyone was given the opportunity to share an unknown fact about themselves with the group. Odette drew attention to the six goal action items, asking the group to reconsider their validity. Wilson drew attention to the Strategic Management Plan for FY2000-2002, stating that Yuma's strategic planning began in the early 1990's. The Council built on that community effort to create the City's Strategic Management Plan. Every two years, Council has reviewed the goals of the previous plan and set their own action items. Councilmembers have been given copies of the current City of Yuma Strategic Management Plan, FY2000-2002, the Yuma Strategic Planning Project Ten Year Progress Report and Yuma Strategic Planning Project Ten Year Progress Report (1990-2000), Final Tabulation of 233 Community Planning Progress Questionnaires. These documents were developed in 2000. Mayor Nelson stated that the results of the Resident Satisfaction Survey could be helpful tools in the planning process. Casuga began discussions of the 6 Goal Action items and the City's accomplishments within the last 18 months to two years, as follows: Citizen Participation * Channe173 * City website * City page in newspaper * Parks and Recreation registration system * Resident Satisfaction Survey * Partnerships with other organizations, such as the Justice Alliance for Carver Park Neighborhood projects * Use of citizen committees for Charter review and building, residential and business building code amendments/updates * Citizen input on R.iverfront Plan * Coordination with Hacienda Estates during street renovation * Neighborhood Roundtables * Neighborhood Leadership Academy Economic Development * Economic development policy * Approximately $100 million in construction sales * 600 plus new homes constructed * Street improvements * West Wetlands grants * National Heritage Designation * Community approved bond issue for water and wastewater improvements * Plan for private development of the Riverfront area * New 8-plex cinema Regular Council Worksession January 2, 2002 Page 3 of 9 * Brew pub * 4 food production plants * Shrimp processing plant * Home Depot, Lowes, Outback, Wal-Mart expanded * Speculation industrial park * MCAS expansion * Private high school * New airport facility * Improvements to old buildings, both residential and commercial * Hosted Arizona League of Cities and Towns * First International Birding Festival held Orderly Growth * Development and completion of elements of General Plan * Utility master planning and rate restructuring * Landscaping, auto dealer and older building renovation code changes/updates * Agreement with San Luis, Arizona concerning annexation * Infrastructure agreements with colonia areas Transportation * 2000-2023 Transportation Plan * Public transportation system implemented * LTAF funding for city streets * HURF funding programmed into budget * Major interstate exchanges reworked * Taxicab regulations * Area Service Highway beginning construction * Hosted Airline Service Summit * Multi -use trail system completed * Opticom system installed at intersections * Video controlled intersections * Pedestrian crosswalk controls * Lighted signage on major streets * Utilization of technology Quality of Life * Multi -use paths * Heritage Area and Riverfront development * Beginning of construction of Art Center * Historic theater restoration * Yuma beach * Began elimination of signs on utility poles * Itinerant business license regulations * Control of handbill delivery * Anti -graffiti program * Agreements with schools for joint use of playing fields * In -line skate facility * Neighborhood -wide, organized clean-up program in Carver park Neighborhood * Water feature in Carver Park, through partnership * Public art * Household hazardous waste facility and collection High Performance Government Regular Council Worksession January 2, 2002 Page 4 of 9 * Charter Review Committee study * Biennial budget * Classification and compensation study * Citywide Internet and intranet * Streamlined business process in Dept. of Community Development * Changes to Parks and Recreation Dept. registration services * New municipal government complex construction * Expansion of City Clerks services to citizens for research and information * Wireless communications ordinance * Internal reviews and revamping of policies, such as purchasing, travel, purchasing card utilization, and various departmental surveys Council took a break at 3:20 p.m. and reconvened at 3:35 p.m. Casuga led a group discussion that listed the global issues that will be affecting the City in the future. The list included the following: * The impact of the events of September 11, 2001 on public safety, public works and first responder security services * Worldwide recession * Colorado River water issues * Base Relocation and Closure Committee decisions * Sonoran Park issue * Tourism * Connectivity, both good and bad * Environmental and conservation groups * Decisions by the state legislature * Moderation of action in response to customers * Border issues, especially efficient border stations and agricultural workers in Yuma * Interfacing with the federal government * Health care issues, especially in rural Arizona * Rural air service * Loss of tax revenue due to internet purchasing * Area -wide telecommunications infrastructure * New City hall (municipal government complex) and its impact and opportunities * Continued healthy development activity Each participant was asked to list the top three issues or priorities for the upcoming year, as follows: * Director of Public Works, Bob Wagner: building the new wastewater treatment plant on the mesa; building the new maintenance shop; developing an intergovernmental agreement with the Arizona Department of Transportation for maintenance of state highway within City limits that are being turned over to the City and gaining control of traffic control system. * Director of Administrative Services, Bob Stull: complete new municipal government complex; implement the Riverfront Master Plan for private development; develop the financial capacity to carry out infrastructure plans for water, wastewater and street improvements. * City Clerk, Brigitta Stanz: complete the move to the new municipal government complex; oversee a general election involving General Plan approval; utilizing technology for agenda dispersal and records management.- Regular Council Worksession January 2, 2002 Page 5 of 9 * Executive Assistant to the Mayor and Council, Bev Mitchell: hiring a new office assistant; increased customer service to new mayor and Council; disseminate Character Counts ideals to City employees. * City Attorney, Steve Moore: retain City's share of shared revenues; fund and implement the National Heritage area projects; expand community and city telecommunications * services. * Director of Parks and Recreation, Steve Bills: move forward with the National Heritage area; review Enterprise funds for possible changing roles; development of Arts and Culture complex. * Councilmember Hansberger: street improvements, including widening and repairs and the opening of new transportation routes; work to bring new business with permanent positions and high wages; work towards better air service for Yuma. * Director of Community Development, Mike Steele: Community adoption of the City's General Plan; begin a neighborhood strategy for a second neighborhood in Yuma; identify/develop the resources needed to address increased growth. * Councilmember Hill: have conversations with schools to partner on the building of a pool in the Yuma Valley; open Arizona Avenue to Giss Parkway; train new City employees on improved customer service. * Assistant City Administrator, Martha Dempsey: establish realistic and reasonable standards to make informed decisions; expand information programs on Channel 73; conclude the National Guard relocation project. * Councilmember Brooks: attract new business to the area; improve public transportation; create excellent working relationship with the towns of Somerton, San Luis, and Wellton, Arizona, Yuma County and the Indian nations; be a part of the Port Authority. * Fire Chief Gary Fisher: City infrastructure, including water and roads, especially east/west access and bridges; renewed accreditation of Fire Department programs; utilization of technological enhancements. * Mayor Nelson: street repair work with more driver -friendly arrangements and temporary signals and signs; utilization of high technology equipment for public safety; a more proactive approach to creating economic development contacts, in conjunction with the Greater Yuma economic Development Corporation (GYEDC). * City Administrator Joyce Wilson: Complete the Heritage Area as planned and approved by the State Parks Service; complete the move to the new municipal government complex and assess the impact of the change on the internal environment; build upon current partnerships to promote Yuma and its image. * Councilmember Johnson: Transportation issues, especially traffic congestion; improve economy by attracting year-round, good paying jobs; improve job and recreation opportunities for youth; create a Yuma Mountain Park in the Gila Mountains. * Communications and Public Affairs Manager, Greg Hyland: expand use of Channel 73, assist with the General Plan election; enhance the City's image in the community and statewide. * Councilmember Shoop: enforcement of brake on yellow and stop on red traffic rules;widening of intersections; work on blighted neighborhoods in other part of the City. * Director of Information Technology, Laurie Neinast: technology infrastructure requirements for the new municipal government complex; mobile data computers and programming, development; update of departmental strategic plans, including the hlformation Technology �+ rJ Regular Council Worksession January 2, 2002 Page 6 of 9 Plan, the GIS Plan, Electronic/imaging Plan, and e-business technology application * Police Chief Robby Robinson: continue Community Oriented Policing Program; proactive stance in maintaining readiness with increased workload; recruiting, hiring and retaining qualified employees. * * Councilmember Nelson: telecommunications concerns; Carver Park Neighborhood Redevelopment; border issues Casuga focused discussion on the three top issues identified by Councilmembers: transportation, economic development, and partnerships. Mayor Nelson stated that his concerns about economic development are equal to his concerns about transportation. Even if it means more time and money, the issue must be addressed. Shoop asked whether an assessment has been made of current City businesses. Wilson stated that an assessment is being undertaken as a follow-up to the recent workforce and development summit. Mayor Nelson suggested promoting Yuma as a business site in outlet malls and other venues. Wilson suggested that the City contact GYEDC and have their consultant help the City investigate what kinds of industries the community wants. The City recently increased funding to GYEDC, which would allow the City to specifically guide its efforts. Johnson suggested that the City set goals for those outside agencies that it funds, rather than just sitting on the organization's board of directors. Neinast noted that the City is participating in the Technology Consortium, a community wide effort. Technology infrastructure is a critical element to brining in telecommunications businesses to Yuma. It is a huge issue for the community as well. Wilson stated that the issue constitutes a big challenge. Qwest is a private company and, thus, only pursues those ventures that are profitable. The state environment is regulatory in nature. Perhaps the community could assist in the short-term by creating an economic development policy. Gaps and voids need to be identified prior to the City making it economically feasible for businesses to come to Yuma. Mayor Nelson stated that telecommunications need to be addressed to the Corporation Commission. Johnson stated that the City has a major fiber optic backbone in place; the problem is getting it to the users. Mayor Nelson stated that getting it to the users is a very expensive venture. Council took a break at 4:45 p.m. and returned, all present, at 5:00 p.m. Casuga led a discussion on the roles, relationships and responsibilities of Councilmembers and City staffinembers. Participants identified several areas. Mayor Nelson underscored the need to have excellent customer service. He drew parallels with his former experience working for Arizona Public Service (APS). No customer should leave unhappy. If an employee is unable to handle a situation, the person should be taken care of by a supervisor. The issue should be number one on senior managements priorities. Shoop noted that APS customers are different from constituents. Wilson stated that typically Councilmembers and staff have a fluid relationship. Councilmembers communicate with staff through Bev Mitchell or the City Administrator's Office. If Bev or the City Administrator are not available, Councilmembers have felt free to �j Regular Council Worksession January 2, 2002 Page 7 of 9 contact department heads directly. Staff can respond formally through the City Administrator's Office. She encouraged Councilmembers to use the internet to ask questions of staff, it's faster for staff to respond. She encouraged Councilmembers to continue to communicate in such a manner. Mayor Nelson stated that, in any given problem, he is prepared to talk to the customer and notify the City Administrator. He may also speak to a department head, but he will also notify the City Administrator. Stull stated that managers have a different perspective than most personnel because they look at problems enterprise wide. Everyone needs to be kept informed so that the correct response is consistently given. Wilson explained that the City has a solid staff team working behind it. Asking information directly of staff is acceptable. Staffinembers have the expertise to determine if the answer involves simple information or whether policy decisions are involved. Staffinembers may tell Councilmembers that the will have to get back with them. Again, electronic communications are a plus. Mayor Nelson stated that he has faith in the team of individuals working on staff, they will know when to contact the City Administrator about an issue a Councilmember may bring up. He conceded that there are some problems that the City cannot solve. He noted, also, that he does a lot of work from his home. Shoop cautioned about violating the open meeting law in the use of technology. Wilson concurred, noting that the internet can be used as the telephone is now. Wilson commented that both Councilmembers and staffinembers are all on the same team. If the City looks good or bad, it reflects on both. There must be a common agenda between the two. There also needs to be a relationship of trust established. If any Councilmember has any problems with what a staffinember is doing, staff needs to know. Councilmembers and staffinembers must work together to succeed. Mayor Nelson stated that he views Council and staff as a team. Wagner stated that sometimes a situation involves a number of people. Some end up happy and some don't. He asked whether a heads up to Council would be appreciated in those circumstances. Mayor Nelson and Brooks stated that it would. Wilson asked Councilmembers to let staff know if they disagree with staff s approach. Johnson stated that he is in the habit of giving the supervisor a heads up. He has had excellent responses to his questions already. E-mail is great. Mitchell also spoke in favor of computer communications. She appreciates a heads up on unhappy citizens. Having Councilmembers on e-mail makes it much more convenient to contact them. Wilson asked whether all of the Councilmembers have personal e-mail addresses. Hill responded yes, but Hansberger responded no. Moore stated that he has no serious open meeting law concerns with Councilmembers using e-mail. Councilmembers should realize that their e-mails are public records. There are some communications with his office that are protected by the attorney -client privilege. Another thing to remember is that Council cannot count votes over the internet; that rule also applies to telephone conversations. It is actually a good idea to do business via e-mail. Wilson stated that it is her goal to be responsive to Council. ,)1. Regular Council Worksession January 2, 2002 Page 8 of 9 Casuga turned the discussion to a review of an article written by Carl H. Neu, Jr., entitled: 10 Habits of Highly Effective Councils. Effective Councils think and act strategically; understand and demonstrate the elements of teams and teamwork; master small -group decision making; clearly define roles and relationships; establish and abide by a Council - staff partnership; make a systematic evaluation of policy implementation; allocate Council time and energy appropriately; set clear rules and procedures for Council meetings; get a valid assessment of the public's concerns and an evaluation of the Council's performance; and, practices continuous personal learning and development. In conclusion, Casuga stated that she and Odette would summarize the information discussed in this retreat for Council. Good of the Order Wilson stated that various City departments have undertaken a five-year operational plan. Customer Service Quality Improvement Process (CSQIP) training for City staff is ongoing. Through staff development and organizational training, the City departments have moved toward 5- year operational planning. The budget cycle is only just beginning, but these operational plans will be incorporated into the budget discussions and eventual 5-year plan. This budget year is the second year of the first biennial budget. Adjustments, roll-overs and changes to the original second -year plan are anticipated and will be fully explained during budget worksessions. The process of budget approval will also be clarified for the new Councilmembers. Since the budget process has been reduced by way of a biennial budget, the departmental 5-year operational plans will also be presented to Council. Direction and information from this retreat will be incorporated into the plans. These documents should help Council think about the underlying priorities and decisions that will determine the formation of the next two-year budget. Casuga thanked everyone for participating. Mayor Nelson thanked the facilitators. V. Adjournment/Executive Session Without objection, Mayor Nelson adjourned the meeting for dinner at 5:52 p.m. Respectfully submitted, Brigitta K. Stanz, City Clerk APPROVED: Lawrence K. Nelson, Mayor City Council Minutes 27 FebrLArTT,4_qdMENT 2 _ SunLine Transit Agency/SunLine Services Group — Mayor Adolph, reported the Board adopted a policy allowing for subsequent closed sessions before the various City Councils. All other reports were noted and filed. DEPARTMENT REPORTS - None MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING POSSIBLE CITY COUNCIL RETREAT. Council Member Osborne suggested having a one -day retreat in the fall for the City Council to meet with staff to prioritize City Council goals. Council Member Sniff questioned the rationale since the City already has a number of five-year programs to address these issues. Council Member Osborne stated he would like to review the various items in more depth and have feedback from staff. In response to Council Member Sniff, City Manager Genovese confirmed the Council has a strategic planning process. It's his understanding that the purpose of the request is to provide more time to go through the issues in more detail and in a different atmosphere. After a brief discussion, Council concurred with asking staff to come back with some information. 2. DISCUSSION OF PARKING LOT AT ST. FRANCIS OF ASSISI CHURCH AND WIDENING OF WASHINGTON STREET AT THAT LOCATION. Council Member Perkins suggested the possibility of working out an arrangement with the church that would allow the temporary parking lot a while longer in order for the City to get an easement that would allow for the widening of Washington Street. ATTACHMENT 3 ce-itf 4 a V a" COUNCIL/RDA MEETING DATE: March 3, 2005 ITEM TITLE: Discussion of City Council Goals and the Fiscal Year 2004-2005 Annual Financial Management Review RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Discuss City Council Goals and the Annual Financial Management Review for Fiscal Year 2004-2005. FISCAL IMPLICATIONS: No direct fiscal implications will result from this action. Staff proposes to develop programs to implement selected goals and will identify cost projections as part of the economic development program, capital improvement program, and budget process. CHARTER CITY IMPLICATIONS: - None. BACKGROUND AND OVERV The Fiscal Year 2004/2005 Annual Financial Management Review is provided as Attachment 1. This document is the first component of the strategic planning process and presents the financial achievements for the past fiscal year, five-year cash flow projections for operating and capital improvement funds, and financial management strategies and recommendations for the coming,fiscal year. The additional components of the strategic planning process include the Economic Development Plan, the Capital Improvement Program, the Annual Budget and the Five - Year Resource Allocation Plan. An explanation of each of these documents is provided below. '320 Economic Development Plan This plan outlines a vision and direction for the City's economic development activities. It presents the mission statement, implementation policies, projected resources, and business plan the City and the La Quinta Redevelopment Agency will follow to sustain a comprehensive economic development effort. It is goal -oriented in that the economic development efforts specified in the plan are key to generating the financial resources necessary to support both the Resource Allocation Plan and the Capital Improvement Plan. Capital Improvement Plan This plan is primarily a planning document that establishes five-year funding priorities for capital improvements. This plan also includes a listing of all the other desired capital improvements that cannot, or need not, be funded within the five-year horizon. Five -Year Resource Allocation Plan This plan is primarily a planning document that provides a five-year horizon for forecasted operational needs of each department, as well as the City as a whole. This plan is a cyclical review of all operations expenditures to reassess funding mechanisms behind personnel responsibilities and the various service levels of all programs. Annual Budget This document is the annual implementation tool for the overall planning process. The budget will encompass each element of the strategic planning effort and will implement: the goals of the Economic Development Plan; the resource and demand allocation outlined in the Five -Year Resource Allocation Plan; and the capital improvement investment for a given year. As in years past, to begin this year's strategic planning process, staff has provided last year's City Council Goals. This document is included as Attachment 2 for reference and discussion purposes. The chart has been updated to include the current status of each goal. Staff has placed this matter on today's agenda to give the City Council an opportunity to identify priority goals for Fiscal Year 2005-06 as a precursor to this year's budget process. Identified goals will be integrated into this year's Economic Development Plan, Capital Improvement Plan, and/or the Annual Budget. Respectfully submitted, Thomas P. Genovese; City Manager Attachments: 1. Annual Financial Management Review for Fiscal Year 2004-05 2. City Council Goals for Fiscal Year 2004-05 ATTACHMENT 1 City of La Quinta and La Quinta Redevelopment Agency 2OO4=2W5 Annual Financial Management Review March 3, 2005 Cash Flow Forecast Presented By: Cash Flow. Management Team Thomas P. Genovese, City Manager Mark Weiss, Assistant City Manager John Falconer, Finance Director Douglas Evans, Community Development Director Dodie Horvitz, Community Services Director Tim Jonasson, Public Works Director Terry Deeringer, Management Assistant Nick Nickerson, NAI Consulting, Inc. Michael A. Harrison, Conrad & Associates, CPA's LLP Frank J. Spevacek, Rosenow Spevacek Group, Inc. �'' 1 For the past eleven years the City of La Quinta and the La Quinta Redevelopment Agency have implemented a strategic planning process that: • Reviews current year, and projected five-year, revenues and expenditures for every operations and capital improvement fund of the City and the Agency • Establishes City Council priorities related to both City and Agency expenditures • Appropriates revenue for operating programs and capital improvement projects for the coming fiscal year. This process entails the following components: • Annual Financial Management Review • 5-Year Capital Improvement Program • Annual Economic Development Plan • Five -Year Resource Allocation Plan • Annual City/Agency Budget This document presents the first component of the strategic planning process, the 2004-2005 Annual Financial Management Review. It presents the City's and Agency's financial achievements for the past fiscal year, five-year cash flow projections for the critical operating and capital improvement funds, and financial management strategies and recommendations regarding revenue enhancements and program/project expenditures for the coming fiscal year. Financial Achievements During the past 12 months City staff has implemented the City Council directives generated from last year's Midyear Financial Management Review. As a result, the City was able to: increase General Fund Operating and Emergency Reserves, implement new infrastructure and public facilities improvement projects, construct the Phase 1 golf course at SilverRock Resort, invest in economic development initiatives that will generate new sales and transient occupancy tax revenues, and overall, improve its financial footing. Specific achievements include: • Implementing prudent revenue forecasts and cost containment measures that generated a General Fund operating surplus of $7.0 million for the 2003-2004 fiscal year. This was primarily revenue driven, with greater than forecasted license and permit fee revenue, and sales and transient occupancy tax revenue. • Increasing the General Fund Emergency Reserves while maintaining the General Fund Cash Flow Reserves. The Emergency Reserve now stands at $11.9 million or 45.6% of the Operating Budget, and the Cash Flow Reserve remains at $2.2 million or 7.3% of the General Fund Operating Budget. The latter is necessary to fund General Fund expenditures during early months of each new fiscal year prior to the receipt of significant property and sales tax revenue. In addition, as of June 30, 2004 the General CITY OF LA QUINTA 2004-2005 ANNUAL FINANCIAL REVI �- MARCH 3, 2005 Findings Fund contained an additional $11.4 million in fund balances that were set -aside for operations, projects and transfers, of which $1,886,670 were for the library. • Continuing the City's capacity to implement a capital improvement program with a scheduled investment of $10.5 million during fiscal year 2004-2005 and a scheduled investment of $283,500 during fiscal year 2005-2006. The Capital Improvement Program is scheduled to be reviewed by the City Council on March 15, 2005. • Expanding the City's economic base in order to reduce reliance on one-time revenues through implementing the Development Agreement with CP Development that facilitates hotel, resort casitas and medical office uses on the Agency's Miles Avenue/Washington Street property, facilitating the opening of the Target Department Store, negotiating a land sales agreement with Sam's Club warehouse store, completing the Phase 1 golf course construction activities at SilverRock Resort, and retaining a development company to plan and develop the initial phases of the resort, hotel and retail uses at SilverRock Resort. • Capitalizing on the continued increases in assessed values in both Redevelopment Project Areas, with Project Area No. 1 experiencing a 12% increase and Project Area No. 2 experiencing a 16.5% increase between fiscal years 2003-2004 and 2004-2005. These successes afforded continued opportunities to invest in capital projects and facilities, and in assets that generate greater social and financial returns for La Quinta's residents. However, the continuing State budget crisis presents challenges that both the City and Redevelopment Agency must contend with during the coming fiscal year. During fiscal years 2002-2003 and 2004-2005, $5,000,000 of Agency tax increment revenue has been shifted to the State via the Education Revenue Allocation Fund (ERAF), this money would have otherwise been available for eligible capital projects within the City of La Quinta. The Agency is scheduled to pay another $3,000,000 during fiscal year 2005-2006. The recommendations contained later in this Report outline strategies that staff believes will better insulate both entities from the yet unknown consequences of the State's financial difficulties. Upon evaluating the cash flow projections, the Cash Flow Management Team formed the following conclusions: The State is considering various proposals to assist with its budget deficits that would reallocate City and Agency funds to State programs. Staff estimates that $331,000 in City vehicle license fee income and $3,000,000 in Agency tax increment revenue could be diverted to the State during fiscal year 2005-2006. State officials are also discussing making the Agency's revenue shift permanent, with annual payments increasing in concert with annual increases in property tax values. Police service costs are continuing to increase due to escalating costs, and increasing service demands due to an expanding City population. These cost increases will be reflected in the fiscal year 2005-2006 operating budget proposal. • The City's General Fund is forecasted to conclude fiscal year 2004-2005 with a $2,460,000 operating fund surplus being added to existing fund balances based upon conservative budgeting forecasts. The CITY OF LA QUINTA 2004-2005 ANNUAL FINANCIAL REVIEWO MARCH 3, 2005 General Fund's Cash Flow Reserve will increase to $2,200,000, and the Emergency Reserve will increase to $11,900,000. • During fiscal year 2005-2006, an estimated $20,300,000 of carry over capital improvement projects will be funded and the City will have an additional $1,410,000 to invest in economic development initiatives. Also, during fiscal year 2004-2005, the General Fund will loan $2,100,000 to the Civic Center Development Impact Fee Fund (DIF) to accelerate City Hall expansion activities. • The Agency has the capacity to issue $15,000,000 in non -housing bonds and $30,000,000 in housing fund bonds. This capacity was calculated after deducting all existing debt service payments and reserving $1,700,000 in non -housing tax increment revenue and $2,000,000 in housing fund revenue for operations expenses. • The Agency's total outstanding bond debt is $243,000,000, $153,000,000 of non -housing bonds and $90,000,000 in housing bonds. This bond debt service (principal and interest) is currently $14,470,000, with $3,230,000 of total outstanding bond principal to be retired during fiscal year 2004-2005. • Development -driven revenues (fee and permit income) continue to underwrite 17.1 % of the General Fund operating costs. While the City's sales and transient occupancy tax revenue base continues to grow, the City's economic development efforts to attract additional sales and transient occupancy tax generators must be maintained, if not increased. Investment in amenities and projects that secure additional resort, hospitality and retail uses must continue in order to compete for market share with adjoining jurisdictions, and to attract users that capitalize on La Quinta's resort and retail image. • The City continues to rely on its two Redevelopment Projects to underwrite a variety of capital and public facility improvement projects, to invest in. General Fund revenue generating economic- development initiatives, and to supplement General Fund operating revenues by funding staff and related operational costs through fiscal year 2004-2005. After this date the funding level will decrease as less construction activity will be generated from bond issues. • During fiscal year 2007-2008, the General Fund unrestricted fund balance is projected to reach a deficit situation of ($24,152,483). The City's Cash Flow and Emergency Reserves would be left with $17,664,383 for a net deficit of ($6,488,100) and $40,000,000 of reserves that are less liquid. An analysis of the year-to-year changes in fund balances has been performed and is included in the back of this report. In 2003 the City Council directed staff to address this anticipated circumstance by initiating interest payments on Redevelopment Agency loans to the City's General Fund. In FY 03/04 the Agency has begun to repay the General Fund $203,000 in interest. Staff included a forecast of General Fund revenues and expenditures at build -out with the 2003-2004 Midyear Financial Management Review. This activity is conducted every three years and is anticipated to be updated in 2005/2006. The General Fund Build Out Analysis is included in this Report for reference purposes only. Recommendations The Cash Flow Management Team recommends that the City continue to focus on alleviating projected General Fund deficits projected for fiscal year 2007-2008. To accomplish this, efforts must continue to CITY OF LA QUINTA 2004-2005 ANNUAL FINANCIAL REVIEW ^ ,7 MARCH 3, 2005 _ create new sales and transient occupancy tax revenue sources by expanding the City's lodging and commercial base. The City cannot merely force the market and direct enterprises to locate in La Quinta. Instead, the City must focus on accommodating development of viable, sustainable enterprises that: • Maintain the City's high development standards and environment • Generate additional sales and transient occupancy tax revenues • Contribute and enhance the City's resort community ambiance • Meet market demand and are sustainable for the foreseeable future. This approach will not only address short-term financial concerns, but will also enlarge the City's long-term revenue base to ensure the continued provision of services to La Quinta residents. Recommended strategies include: Initiate resort/hotel site and program planning activities with the selected hotel developer/operator. Staff anticipates that this effort will take 6 months to complete and should be the top economic development priority for fiscal year 2005-2006. From this effort the Agency will be able to specifically identify the location and land area required to support the desired hospitality uses, the phasing for the hotel, residential hotel and boutique hotel properties, and the implementation time frame. This effort will also identify the time frame to accomplish the development program currently approved for SilverRock Resort, and additional hotel, resort and commercial uses that may be accommodated after the current hotel use restrictions expire. The timing to develop both the permanent clubhouse and second golf course, and other community uses, will also be identified. • Continue to carefully consider undertaking new operations costs that must be funded through the General Fund. Given the uncertainty of the State budget solutions, the City should increase efforts to generate greater cost savings in all operations while thoroughly evaluating the merits of expanding or starting new projects and programs that increase operations costs. • Initiate a new round of property purchase activities for new affordable housing construction. This would further diversify the community's socio-economic profile by creating housing opportunities that cater to permanent residents, of a variety of income levels, who live and support La Quinta businesses on a year- round basis. Many of the new residential developments underway within the La Quinta planning area are targeted towards higher income households who often purchase these dwellings as second homes. The Redevelopment Agency's affordable housing efforts have facilitated development of dwellings that are almost exclusively occupied by full-time residents who either live and work in the Coachella Valley, or have elected to retire in the Valley. Per the attached cash flow analysis, the Agency is projected to receive a significant amount of housing fund revenue during the next five years. Given that a majority of the property in the Project Areas is developed, or approved for development, new affordable housing initiatives should focus on facilitating mixed -use development opportunities in commercial districts, and new multi -family development in the areas that are within the City, or may be annexed to the City, to the east. CITY OF LA QUINTA 2004-2005 ANNUAL FINANCIAL REVIEI - MARCH 3, 2005 r, 7 1 7 • Evaluate the use of non -property tax based revenue vehicles in order to accommodate annexation requests. There is increasing interest by property owners in the Vista Santa Rosa community to be annexed into the City of La Quinta. A majority of this area is within a Redevelopment Project Area that is under the jurisdiction of Riverside County. As such, the City would receive no property tax revenue from development in this area for at least another 35 years. In addition, a majority of these properties are designated for residential use and will not directly generate sales or other on -going tax revenue. Without new revenue resources, providing City services to these properties would directly impact General Fund expenditures. • Continue efforts to expand the City's revenue base by evaluating the need and support for increasing existing, or enacting new, user fees to fund on -going public services. The City has limits to the amount of retail and resort development it can physically accommodate that will generate non -user fee revenue. Residents not only demand, but they deserve, the highest public service levels that can be financially supported. The City's public safety standards, and its park, recreation, and landscaped open space area standards, are among the highest in California. Maintaining these service levels and standards will demand increasing General Fund expenditures as community expectations and costs increase. While efforts to capture a greater share of sales and transient occupancy tax generators will continue, there is a limit to the number of retail and resort users the community can physically handle and that the market area can support. Reaching these capacities will necessitate reviewing alternative revenue enhancements or service level cuts. • Evaluate the retail trends that may affect the regional commercial uses in the Highway l l l corridor. While the City has been successful at securing a Wal Mart Supercenter, a Target Department Store, Home Depot and a Lowes Home Improvement Center in the Highway 111 corridor, some of the existing retail sites may at some time be abandoned due to store closures. Potential reuse opportunities for these facilities may be identified as well as whether or not the Agency needs to be involved in facilitating reuse options. t —- r � CITY OF LA QUINTA 2004-2005 ANNUAL FINANCIAL REVIEW MARCH 3, 2005 Findings The following fiscal year 2004-2005 five-year cash flow tables present current and projected City and Redevelopment Agency resources. They highlight the original and mid -year budget adjustments for fiscal year 2004-2005, projected revenues and expenditures through the second quarter of fiscal year 2004-2605, and projected revenues and expenditures through fiscal year 2008-2009. The latter projections are based upon the City's Resource Allocation Plan. It is important to note that the City traditionally relies upon conservative revenue and expenditure forecasts; the cash flow analysis likewise is based upon conservative assumptions for the five-year period. With the exception of the General Fund, and the Federal Assistance Fund (CDBG), RCTC, and Project Area Nos. 1 & 2 Debt Service Funds, all other City and Agency funds have positive available fund balances, meaning that these funds remain in the black after payment of planned expenditures through fiscal year 2008- 2009. Without continued implementation of economic development programs, the City General Fund may experience deficits beginning in fiscal year 2006-2007, as identified below. In recent years, projected General Fund deficits have been averted because development has exceeded expectations. In the short term, the City could erode the Emergency Reserve to meet some of these shortfalls, although this would leave the City vulnerable to a fiscal catastrophe and would not solve the long-term problem of identifying additional streams of operating revenues. The following chart details the General Fund Cash Flow projections through fiscal year 2008-2009. An important trend to note is the increase of the restricted reserves (less liquid) and the decrease in the unrestricted reserves (more liquid). In the future the City Council and the Agency may consider repaying the interest on these loans with available Agency funding in an effort to increase the General Fund liquid reserves. In addition, the City Council and the Agency will want to continue to enhance both sales and transient occupancy tax generators, as well as review alternative revenue enhancements or service level cuts. (_) (+) 0 Net (*) (') (_) Beginning Inflows/Over Restricted Unrestricted Ending o Fund Ralancp riscat ruar FY 03104 - Prior Year , U,lu. 11 46,502,338 25,719,265 19,403,037 6.316,228 30,824,588 21,993,978 52,818,566 FY 04105 - Projected 53,097,334 23.821,461 25,676.881 (1,855,420) 29,521,274 21,720,640 51,241,914 FY 05106 51,241,914 24,262,023 28,226,747 (3,964,724) 31,805,822 15,471.368 47,277,190 FY 06107 47,277,190 25,726.428 28,826,428 (3,100,000) 34,304,305 9,872,885 44,177,190 FY 07/08 44,177,190 26,360,935 31,440,272 (5,079,337) 37,038,611 2,059,242 39,097,853 FY08/09 39,097,853 26,989,834 32,936,221 5,946,387 40,029,566 6,878,100 .33,151,466 Recommendations Since the first Midyear Financial Management Review was initiated in 1994, the City Council has continually directed staff to leverage the Redevelopment Agency in order to invest in economic development initiatives that generate General Fund revenue, and to fund capital improvements and facilities that address blight within the Redevelopment Project Areas while relieving the General Fund of these funding obligations. This strategy has both increased General Fund operating revenue to support expanding City service levels, and resulted in on -going improvements to the City's infrastructure and public facilities. This CITY OF LA QUINTA MARCH 3, 2005 2004-2005 ANNUAL FINANCIAL REVIEA "� 9 year we are faced with the continued uncertainty that the State budget deficits and reduced national economic activity impose on the City's resources and the local economy. However, the financial challenges the City must now confront are not unlike those the City faced in 1994 when an acute national recession impacted the local economy and development and tourist industries in particular, and State budget deficits resulted in State imposed revenue shifts from cities and counties to the K-14 school districts. Through this, the City charted a course that positioned the community to capitalize on the economic growth enjoyed during the latter half of the 1990s. In order to foster economic growth that enhances General Fund operating revenue, continue to invest in needed capital improvements, and establish reserves to fund anticipated State mandated local revenue shifts to school districts, the Cash Flow Management Team recommends that the City Council consider the following: • SilverRock Resort: Initiate resort/hotel site and program planning activities with the selected hotel developer/operator. Staff anticipates that this effort will take 6 months to complete and should be the top economic development priority for fiscal year 2005-2006. From this effort the Agency will be able to specifically identify the location and land area required to support the desired hospitality uses, the phasing for the hotel, residential hotel and boutique hotel properties, and the implementation time frame. This effort will also identify the time frame to accomplish the development program currently approved for SilverRock Resort, and additional hotel, resort and commercial uses that may be accommodated after the current hotel use restrictions expire. The timing to develop both the permanent clubhouse and second golf course, and other community uses, will also be identified. • Maintain Reserve Funds in the Project No. 1 Debt Service Fund for Future State Mandated Revenue Shifts. - Project No. 1 has sufficient reserves in the Debt Service fund to set aside money to cover anticipated State mandated redevelopment agency revenue shifts to K-14 school districts. Staff recommends maintaining up to $3.0 million of these reserves for this purpose. • Update Development Impact Fee Study/Schedule. The Development Impact Fee (DIF) Study, dated January 2002, and adopted by City Council on March 5, 2002, will be updated during fiscal year 2005- 2006. The DIF update will include the addition of new sound attenuation walls and other necessary public works improvements, the removal of projects constructed since March 2002, and an update and adjustment to the estimated cost of all eligible improvements. CITY OF LA QUINTA 2004-2005 ANNUAL FINANCIAL REVIEW - MARCH 3, 2005 Five -Year Cash Flow Spreadsheets: Highlighted Funds: General Fund Library Gas Tax Federal Assistance (CDBG) Urban Forestry Grant COPS & SLESF Indian Gaming — New in FY 04/05 Lighting and Landscape Assessment RCTC — New in FY 04/05 Quimby Infrastructure Village Parking South Coast Air Quality CMAQ Development Impact Fee: Transportation Development Impact Fee: Parks and Recreation Development Impact Fee: Civic Center Development Impact Fee: Library Development Development Impact Fee: Community Center Development Impact Fee: Street Facility Development Impact Fee: Park Facility Development Impact Fee: Fire Protection Facility Library County Development Impact Fee Arts in Public Places Capital Projects Assessment District 2001-2002 Equipment Replacement Information Technology SilverRock —New in FY 04/05 Police & Fire Survivor Finance Authority — Debt Service Finance Authority— Capital Projects PA No. 1 - Housing Bond PA No. 1 - Housing PA No. 1 - Debt Service PA No. 1 Capital Projects Project Area No. 1 Capital Project -Taxable CITY OF LA QUINTA 2004-2005 ANNUAL FINANCIAL REVIEW_ _ MARCH 3, 2005 0 PA No. 2 - Housing Bond PA No. 2 — Housing PA No. 2 2004 Low Mod Housing — New in FY 04/05 PA No. 2 - Debt Service PA No. 2 - Capital Projects Other Financial Schedules Transfers Reimbursements 5-year Analysis of General Fund Balances General Fund Balance Detail and Analysis General Fund Build Out Analysis CITY OF LA QUINTA 2004-2005 ANNUAL FINANCIAL REVIEW' a 11) MARCH 3, 2005 2004-05 Five Year Cash Flow GLNERALFond 101 1 2 3 4 5 Beginning Fund Balance Reserve for Receivable from RDA 1 - Prurdpal - 10% Reserve for Receivable from RDA 1 - Interest - 10W Reserve for Receivable from RDA 1 - Principal - FY 02103 Loan - 7% Reserve for Receivable from RDA 1 - Interest - 7% Reserve for Receivable from RDA 1 - Interest - 7% Repayment Reserve for Receivable from RDA 2 - Principal - includes $1.1 mil to Park DIF Reserve for Receivable from RDA 2 - Interest Reserve for Receivable from RDA 2 - Prindpal - 7% ban 03/D4 Reserve for Receivable from RDA 2 - Interest - 7% Repayment Reserve for Receivable from RDA 2 - Principal - 7% ban 03104 Reserve for Receivable from RDA 2 - Interest - 7% Repayment Reserve for Advance to Civic Center DIF Reserve for Advance to SilverRock - Checking Reserve for Advance to SilverRock - Inventory and ABC License Reserve for Civic Carder Bonds Reserve for Additional Capital Improvement Projects Reserve for Additional Capital Improvement Projects - RDA 2 620100 Reserve for Economic Development Pmjeds Reserve for Economic Development Projects - LO Court CIP 713 Reserve for Deposits Reserve for Prepaid, Additional Emergency Reserve Emergency Reserve 30% of Operations Expense Cash Flow Reserve 825% of Operations Expense Total Rest ict"Reserve BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Total Revenues (Per 5 Yr RAP& 1/05 Analysis) RCTC Grand Subtotal Transfers In Gas Tax COPS & SLESF Urban Forestry RCTC SCAOMD Quimby Federal Assistance Park DIF Indian Gaming Subtotal Traders In TOTAL INFLOWS OUTFLOWS Expenditures Operations Expense (Per 5 Yr RAP) Subtotal Reimbwsements Gas Tax Fund Lighting & Landscape Civic Center Capital Improvement Fund Redevelopment Total Reimbursements Transfers Out Capital Improvement Program 1699 Automa8 Public Improvemsrds 1704 Seasonal Signage 1710 Phase 2 - Jefferson St 1713 LO Court Public Improvements 1714 EisenhowerlWashirgton Design 1720 Fire Station 1732 H" 111 Improvements (Washington -Adams) Total CIP Transfer to Police and Fire Survivors Fund Transfer to RCTC Total Transfers TOTAL OUTFLOWS Restricted /Reserve Funds - Advances to Civic Center DIF Restricted ]Reserve Funds - Advances to SitverRock Restricted /Reserve Funds - Advances to RDA Restricted /Reserve Funds - Economic development Restricted /Reserve Funds - Civic Center Bonds Restricted !Reserve Funds - deposiWprepaids Subtotal AVAILABLE Fund BALANCE Restricted /Reserve Funds - Emergency & CashFlow Subtotal ENDING Fund BALANCE 2004-05 2004-106 ZOOS-% 200G07 2007-08 2008-09 TTru 12/31/04 (Ong -al) (Adjusted) 53,097,334 53,097.334 53,D97,334 51241.914 47277,190 44177,190 39,097BS3 3.289.036 3.28 .Orur 3.289.036 1,621.466 3242.932 3.242 932 653,197 718.517 790.368 BG9,405 6,000.000 6.000,000 6,000.000 422,465 844,929 844,929 472,926 506,OJ0 541.452 579,354 (88.850) 188.850) (88.850) 6.308,514 6,308514 6.308.514 2,640.433 5,280,866 5,280.866 1.158 938 1.274,832 1 402 315 1.542 547 5,800.000 5,800.000 5.800,000 203.000 (5,800,D00) (5,8W.000) (203,000) 2.100,000 2,100,000 250.000 140,000 102,086 204.173 204,173 (513) (896) 171 (351) 1 500,000 1.500.000 (1500,000) (1500.000) 1,650.000 1, 650, OD O 1.650.000 (240,000) (240,000) 246,658 246,858 246,858 292.816 292816 292.816 0 4.000,000 4 000,000 4.000,000 7.914,966 7.914.966 7,914.966 928,248 685.085 732.579 456.285 2,176,616 2,176.616 2 176 616 255,268 188,398 201,460 125,478 42,376.406 43222856 43,612,8S6 3,468,064 3,371,966 3,668,345 3,572.718 10.720.928 9,874,478 9,484.478 47,773,850 43.906,224 40.508.045 35.525,135 10.487.437 23,172,840 23.514,211 24.135.922 25.296.428 25,830,935 26.296,300 10,487,437 23,172,840 23514,211 24,135.922 25,296,428 25 830 935 26,295,300 0 0 0 0 0 0 0 0 0 100.000 O 0 0 0 0 0 0 0 0 0 0 0 0 0 96,101 400.000 500.000 664,534 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 30.000 30.ODO 30.000 30,000 30,000 30.000 0 0 0 0 0 0 0 0 0 177 ZSO 0 30,000 307,250 126,101 430.000 -530,000 694,534 10,487,437 23,202,840 23 821 461 24,262,023 25,726,428 26,360,935 26,989,834 10.486.236 26.393220 29,455,688- 29,477,381 31.760.997 34,202.928 35.723,877 10486,236 26,393,220 29,455,688 29,477,381 31,760,997 34,202.928 35 72J 877 (311.100) (622200) (622.200) (666,500) (689,800) (713,900) (738.WO) (412.900) (825,800) (825,800) (825 8(k) (825.800) (825.800) (825,800) (102,183) (204,366) (204,366). (204,366) (204.366) (204,366) (204.366) (67.840) (376.681) (993,458) (2,500) (2,500) (2,500) (2,500) (6849613) (1439000 1439Wo (1412557) (1412557) (1216544) (1216,544) (1,578,989) (3,468,047) (4,084,024) (3,111,723) (3,135,023) (2.963,110) (2,988,110) 122,250 198,454 198,454 198.454 198,454 198.454 198,4S4 0 0 70,648 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 22.907 0 22,907 (4) 0 12008 0 0 0 0 145,152; 198.454 304017 198,454 198,454 198,454 196.454 2.000 2,000 2,000 2,ODO 2,000 2,000 2.000 1,660.6m 2,000 2,000 2,000 1,662.635 2,000 2.000 2.000 147,151 200.454 306,017 1,861, 089 - 200,454 200 454 200,454 9,054.390 23,115,627 25,676,881 28,226,747 28 826 428 31 440 2T2 . 32,936,221 0 2.100,000 2.100,000 2.100,000 2.100.000 2,100,000 2,100.000 0 0 390,000 390,000 390,000 390.000 390.000 20.193.064 24,877.427 24,877,427 27,162,488 29,661.867 32.396,002 35 387,308 1,650,000 1,410,0DO 1,410.000 1.410,000 1,410,000 1,410,000 1.410.000 102,086 204,173 204.173 203,660 202,764 202.935 202,584 539,674 539,674 539,674 539,674 539 674 539,674 539,674 22,484,824 29,131,274 29,521,274 31,805,822 34,304,305 37,038,611 40029,566 17.953.9-56 9,961691 7,629,058 196.270 (6,275.696) (15,023,378) (24,542,483) 14,091,5 32 14.091.582 1 14 091 582 15275,098 16,148,581 17,D82,620 1 T 66.4 393 32,045,5•t8 24,063.273 21 720 640 15 471 368 9,872,8M 2,059,242 88J8100 54,530,372 53,184,547 51,241.914 1 47,277,190 44.177,190 39.097.853 33.151466 (1) Years 2 through 5 based on 2004-05 Five Year Resource Allocation Plan & 1105 Staff Analysis (2) The Civic Center design is currently under review and the amount of the advance to the Civic Center DIF may be amended based upon the u8imate design selected WORKING DOCUMENT ) ( - 2128/20051.29 PM FICASHFLOW1FY20051Dec04 As LIBRARY Fund 102 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues County Contributions - Original Friends of Library Contribution County Library Service Interest TOTAL INFLOWS OUTFLOWS Reimbursements General Fund Transfers Out - CIP 1702 Municipal Library 1702 Municipal Library Total Transfers - CIP TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 Five Year Cash Flow 1 2 3 4 5 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 1,886,670 1,886,670 1,886,670 119,669 922,069 1,740,469 2,575,269 1,886,670 1,886,670 1,886,670 119,669 922,069 1.740,469 2.575,269 0 0 8,091 649,500 0 0 649,500 0 800,000 2,400 800,000 18,400 800,000 34,800 800,000 51,500 8,091 649,500 649,500 802,400 818,400 834,800 851500 0 0 0 0 0 0 0 298,625 1,216,501 1,200,000 0 0 0 0 0 0 298,625 0 2,416,501 0 0 0 0 298,625 0 2,416,501 0 0 0 0 1,596,137 0 2,536,170 0 119,669 0 922,069 0 1,740,469 0 2,575,269 0 3,426,769 0 1,596,137 2,536,170 119,669 922,069 1,740,469 2,575,269 3,426,769 WORKING DOCUMENT 2 OF 45 X,..� GAS TAX 201 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues State Subventions(2105-2107.5) Traffic Congestion Relief Interest TOTAL INFLOWS OUTFLOWS Reimbursements General Fund Transfers Out General Fund Transfers Out -CIP 1736 Pavement Rehabilitation 1748 Village Roundabout 1747 Traffic Signal Coordination TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE (1) Year 2 through 5 assumes 3.5 % increase. 2004-05 Five Year Cash Flow 1 2 3 4 5 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 409,534 409,534 409,534 169,953 169,953 169,953 169,953 409,534 409,534 409,534 169,953 169,953 169,953 169,953 321,276 0 1,672 593,900 20,700 7,600 593,900 20,700 7,600 623,776 39,324 3,400 647,076 39.324 3,400 671.176 39,324 3,400 696,176 39,324 3,400 322 948 622,200 622,200 666 500 689 800 713,900 738,900 311,100 622,200 622,200 666,500 689.800 713,900 738,900 0 0 0 0 0 0 0 10,622 0 181,481 25,000 33,100 10,622 0 239,581 0 0 0 0 321 722. 622,200 861,781 666,500 689,800 713,900 738 900 410,760 409,534 169,953 169,953 169,953 169,953 169,953 0 0 0 0 0 0 0 410,760 409,534 169,953 169.953 169.953 169,953 169,953 WORKING DOCUMENT 3 OF 45 �Q J 2004-05 Five Year Cash Flow FEDERAL ASSISTANCE Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues CDBG Interest TOTAL INFLOWS OUTFLOWS Transfers Out Capital Improvement Program 1714 Washington/Eisenhower Design 1722 Street Light Improvements 1739 Village Parking Lot Total CIP Federal Assistance General Fund Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) (10,073) (10,073) (10,073) (179,253) (44,453) 90,348 225,148 (10,073) (10,073) (10,073) (179,253) (44,453) 90,348 225,148 0 160,000 340,355 164,800 164,800 164,800 164,800 0 0 0 0 160,000 340,355 164,800 164,800 164,800 164,800 174,427 7,547 124,753 180,355 7,547 0 479,535 0 0 0 0 0 0 0 0 0 0 30,000 30,000 30,000 30,000 30,000 30,000 7,547 30,000 509,535 30,000 30,000 30,000 30,000 7,547 30,000 509,535 30 000 30,000 30.000 30,000 (17,620) 119,928 (179,253) (44,453) 90,348 225,148 359,948 0 0 1 0 1 0 0 0 0 17,620 119,928 1 (179,253) 44,453 90,348 225,148 359,948 The CDBG revenues will be programmed by the City Council subject to availability. WORKING DOCUMENT 4 OF 45 2004-05 Five Year Cash Flow URBAN FOREST GRANT Fund 211 1 2 3 4 5 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Grant Revenues Interest Total Revenues Transfers In General Fund TOTAL INFLOWS OUTFLOWS Expenditures Contract/Miscellaneous Transfers Out 639 Phase 1 Civic Center Campus Total Transfers Out TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 0 0 0 1,100 1,100 1,100 1,100 0 0 0 1,100 1,100 1,100 1,100 0 0 1,100 0 0 0 0 0 0 0 0 0 0 0 0 0 1.100 0 0 0 0 0 0 0 0 0 0 0 0 0 1,100 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,100 1,100 1,100 1,100 1,100 0 0 0 0 0 0 0 0 0 11100 1,100 1,100 1,100 1,100 WORKING DOCUMENT 5 OF 45 COPS & SLESF GRANT 212/213 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues COPS/SLESF Interest TOTAL INFLOWS OUTFLOWS Transfers Out General Fund TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 Five Year Cash Flow 1 2 3 4 5 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 100,000 0 100,000 289 0 0 100,289 0 100,000 0 0 0 0 0 100,000 0 0 0 0 0 100,()00 0 0 0 0 100,289 0 0 0 0 0 0 0 0 0 0 0 0 0 100,289 0 0 0 0 0 0 WORKING DOCUMENT 6 OF 45 2004-05 Five Year Cash Flow INDIAN GAMING 214 1 2 3 4 5 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Contributions Interest TOTAL INFLOWS OUTFLOWS Expenditures Program Expenses Transfers Out - General Fund Total Transfers - CIP TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 0 0 0 0 177,250 354,500 354,5W 0 0 0 0 177,250 354,500 354,500 177.250 0 177,250 177.250 177,250 0 0 775 0 0 0 178,025 0 177,250 177,2 177,250 0 0 0 0 0 0 0 0 0 0 0 177,250 0 0 0 0 0 0 177,250 0 0 0 0 0 0 177,250 0 0 0 0 178,025 0 0 177,250 354,500 354,500 354,500 0 0 0 0 0 0 0 178,025 0 0 177,250 354,500 354,500 354,500 WORKING DOCUMENT 7 OF 45 2004-05 Five Year Cash Flow LIGHTING & LANDSCAPE 215 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Assessment Developer Interest TOTAL INFLOWS OUTFLOWS Reimbursements General Fund Transfers Out Capital Improvement Program Total CIP TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 1 2 3 4 5 2004-05 2004-05 2005-06 2006-07 2007-08 200"9 Thru 12/31/04 (Original) (Adjusted) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 37,187 825,800 825,800 825,800 825,800 825,800 825,800 0 0 0 0 0 0 0 0 37,187 825,800 825,800 825,800 825.800 825,800 825,800 412,900 825,800 825,800 825,800 825,800 825,800 825,800 0 0 0 0 0 0 0 412.900 825,800 825,800 825,800 825,800 825,800 825,800 (375,713) 0 0 0 0 0 0 1 0 0 0 0 0 0 0 (375,713) 0 0 1 0 0 0 0 Assumes 3% growth rate in new housing with no increase in the rate. WORKING DOCUMENT 8 OF 45 2004-05 Five Year Cash Flow RCTC 216 1 2 3 4 5 Beginning Fund Balance Advance From General Fund BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues -,RCTC Total Revenues Transfers In General Fund TOTAL INFLOWS OUTFLOWS Expenditures Contract/Miscellaneous Subtotal Capital Improvement Program 1732 Hwy 111 Street Improvements 1743 Hwy 111 Improvements Total CIP Transfers Out General Fund Total Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE END►NG Fund BALANCE 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 0 0 0 (1,645,185) 15,450 15,450 15,450 1,100,000 1,100,000 1,100,000 0 0 0 (1,645,185) 15,450 15,450 15,450 0 100,000 411,644 96,101 400,000 500,000 664,534 0 100,000 411,644 96,101 400,000 500,000 664.534 0 0 0 1,660,635 0 0 0 0 100,000 411,644 1,756,736 400,000 500,000 664,534 0 0 0 0 0 0 0 0 0 0 0 0 0 0 311,644 1,660,635 1,745,185 0 1,660,635 2,056,829 0 0 0 0 96,101 400,000 500,000 664,534 0 0 0 96,101 400,000 500,000 664,534 0 1,660,635 2,056.829 96,101 400,000 500000 664,534 0 1,660,635 2,056,829 96,101 400,000 500,000 664,534 0 (1,560,635) (1,645,185) 15,450 15,450 15,450 15,450 0 (1,560,635) (1,645,185) 15,450 15,450 15,450 15,450 WORKING DOCUMENT 9 OF 45 2004-05 Five Year Cash Flow QUIMBY 220 1 2 3 4 5 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Quimby fees Interest Transfers In Infrastructure TOTAL INFLOWS OUTFLOWS Transfers Out General Fund - Sports Complex Lighting Capital Improvement Program CIP 1694 18 Acre Park Site 1702 Library 1738 LQ Park Skate Park Total CIP TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 595,035 595,035 595,035 201.064 230,064 259,664 289,864 595,035 595,035 595,035 201,064 230,064 259,664 289,864 0 150.000 150,000 25,000 25,000 25,000 25,000 1,978 3,900 3,900 4,000 4,600 5,200 5,800 0 0 0 0 0 0 0 1,978 153,900 153,900 29,000 29,600 30,200 30,800 0 0 0 0 0 0 0 380 0 53,378 0 0 0 0 0 400,000 1154,792 0 94,493 0 0 0 0 185,172 0 547,871 0 0 0 0 185,172 0 547,871 0 0 0 0 411,842 748,935 201,064 230,064 254,664 289,864 320,664 0 0 0 0 0 0 0 411,942 748,935 201,064 230,064 259,664 289,864 320,664 WORKING DOCUMENT 10 OF 45 2004-05 Five Year Cash Flow INFRASTRUCTURE 225 1 2 3 4 5 Beginning Fund Balance Total Restricted/Reserve BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Infrastructure Interest Transfers In TOTAL INFLOWS OUTFLOWS Expenditures Reimbursements Total Reimbursements Transfers Out Capital Improvement Program 1635 Washington St Storm Drain Improv 1726 Eisenhower Dr Bridge 1729 Washington Miles Soil Stabilization 1733 Washington St Medians - Phase 2 1740 2003104 Traffic Signal Improvements 1742 Simon Dr Traffic Signal Total CIP Transfer to Transportation DIF Transfer to Library DIF Transfer to Fire DIF Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 1,149,109 1,149,109 1,149,109 24,353 24,853 25,353 25,853 0 0 0 0 0 0 0 1,149,109 1,149,109 1,149,109 24,353 24,853 25,353 25,853 0 0 0 0 0 0 0 2,798 15,600 15,600 500 500 500 500 0 0 0 0 0 0 0 2,798 15,600 15,600 500 500 500 500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 397,691 0 0 0 0 (8,669) 207,576 468,044 171,205 0 0 0 0 17,193 293,878 0 0 0 0 22,711 30,385 39,621 499,278 0 1,140.356 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 499,278 0 1,140,356 0 0 0 0 499,278 0 1,140,356 0 0 0 0 652,629 1,164,709 24,353 24,853 25,353 25,853 26,353 0 0 0 0 0 0 0 652,629 1,164,709 24,353 24,853 25,353 25,853 26,353 (1) Effective 8/16199 the Infrastructure Program was replaced by a developer fee program. No further revenues are collected after this date. WORKING DOCUMENT 11 OF45 2004-05 Five Year Cash Flow VILLAGE PARKING 230 1 2 3 4 f Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Interest TOTAL INFLOWS OUTFLOWS Transfers Out - CIP 673 Phase VI - A Village Commercial TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 0 0 0 1,893 1,893 1,893 1,893 0 0 0 1,893 1,893 1,893 1,893 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (1,893) 0 0 0 0 0 0 1,893 0 0 0 0 0 0 1,893 1,893 1,893 1,893 1,893 0 0 0 0 0 0 0 0 0 1,893 1,893 1,893 1,893 1,893 WORKING DOCUMENT 12 OF 45 SOUTH COAST AIR QUALITY 235 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues SCAQMD MSRC Grant Street Sweeping Grant Interest TOTAL INFLOWS OUTFLOWS Expenditures Operations Expenses Transfers Out 729 Washington St Soil Stabilization Transfers Out - General Fund Total CIP TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE (1) Years 2 through 5 include a 3% escalation factor. 2004-05 Five Year Cash Flow 1 2 3 4 5 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 130,046 130,046 130,046 66,397 96,997 128,197 160,097 130,046 130.046 130,046 66,397 96,997 128,197 160,097 10,141 34,415 34,415 35,000 35,000 35,000 35,000 139,285 0 0 0 1,208 2,000 2,000 1,300 1,900 2,600 3,200 150,634 36,415 36,415 36,300 36,900 37,600 38,200 3,198 22.945 22,945 5,700 5,700 5,700 5,700 0 0 77,119 0 0 0 0 0 0 0 0 0 0 0 0 0 77,119 0 0 0 0 3,198 22,945 100,064 5,700 5,700 5,700 5,700 277,482 143,516 66,397 96,997 128,197 160,097 192,597 0 0 0 0 0 0 0 277,482 143,516 66,397 96,997 128,197 160,097 192,597 WORKING DOCUMENT 130F 45 r• ,� f► _ a CMAQ 240 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues CMAQ/ISTEA TOTAL INFLOWS OUTFLOWS Transfers Out Capital Improvement Program 729 Washington Miles Soil Stabilization Total CIP TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 Five Year Cash Flow 1 2 3 4 5 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 553,785 553,785 0 0 0 0 0 553,785 553,785 0 0 0 0 0 553,785 0 0 0 0 0 0 553,785 0 0 0 0 0 0 553,785 0 0 0 0 0 553,785 0 0 0 0 0 0 0 0 0 0 0 0 0 553,785 0 0 0 0 0 WORKING DOCUMENT 14 OF 45 2004-05 Five Year Cash Flow TRANSPORTATION 1 2 3 4 5 Beginning Fund Balance Advances from RDA t BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Transportation Interest Total Revenues Transfers In Infrastructure Park TOTAL INFLOWS OUTFLOWS Expenditures Program Expenses Contribution Transfers Out - CIP 1710 Phase 2 - Jefferson St 1723 SifverRock Ranch 1726 Eisenhower Drive Bridge 1743 Hwy 111 Improvements (Adams -Jefferson) 1744 Traffic Signal: Westward Ho 8 Dune Palms Road 1745 Traffic Signal: Jefferson @ Avenue 53 1746 Traffic Signal: (Washington @ Sagebrush) 1733 Washington St Medians - Phase 2 Total Transfers CIP Transfer to Park DIF Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 6,339,095 6,339.095 6,339,095 2,652,833 3,427,333 4,217,233 5,022,933 0 0 0 0 6,339,095 6,339,095 6,339,095 2,652,833 3,427.333 4,217,233 5,022,933 990,803 721,400 721,400 721,400 721,400 721,400 721,400 30,065 37,300 37,300 53,100 68,500 84,300 1()0,500 1,020,868 758,700 758,700 774,500 789,900 805,700 821,900 0 0 0 0 0 0 0 0 1,020,868 758,700 758,700 774,500 789,900 805,700 821,900 0 0 0 0 0 0 0 193,146 0 392,878 96,515 0 535,538 0 0 0 0 490,000 490,000 0 0 0 0 0 0 625,806 0 0 0 0 911 969,800 969,800 0 0 0 0 131,250 130,260 0 0 0 0 578 87,500 86,51'0 0 0 0 0 14,152 175,000 174,010 0 0 0 0 0 1040160 0 0 0 0 112,156 1,853,550 4 052 084 0 0 0 0 0 0 0 0 0 0 112,156 1,853,550 4,052,084 0 0 0 0 305,302 1,853o550 4,444,962 0 0 0 0 7,054,660 5,244,245 2,652,833 3,427,333 4,217,233 5,022,933 5,844,833 0 0 0 0 0 0 0 7,054,660 5,244,245 f 2,652,833 3,427,333 4,217,233 5,022,933 5,844,833 WORKING DOCUMENT 15 OF 45 PARKS 3 RECREATION 251 Beginning Fund Balance Advances from RDA 2 Advances from RDA 1 Repay RDA 1 BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Parks & Recreation Parks 3 Recreation Interest Total Revenues Transfers In Total Transfers TOTAL INFLOWS OUTFLOWS Expenditures Interest on Advance Transfers Out - CIP 1639 Civic Center Campus Improvements - Phase 1 1679 Cove Oasis 1694 Phase 1 - Community Park Development Transfers Out - CIP General Fund Transfers Out Total Transfers Out TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 Five Year Cash Flow 1 3 4 t 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Ttru 12/31/04 (Original) (Ad)usted) (3,861,652) (3,861,652) (3.861,652) (3.575.466) 789,153 1,291,153 1.793,153 0 0 0 0 0 0 0 (4,037.619) 0 (4,037,619) 0 0 0 0 175,000 175,967 (3,861.652) 967 (3,575.466) 789.153 1.291.153 1.793.153 344.026 251.000 - 251,000 251,000 251,000 251,000 251.000 250,000 251,000 251,000 251,000 251,000 2166 0 0 0 0 0 0 346,192 251,000 501.000 502.000 502,000 502,000 502.000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 346,192 251.000 501,000 502,000 502,0W 502,000 502,000 36,169 0 0 0 0 0 0 0 0 54,016 0 0 0 0 0 0 26,270 15,068 0 134,528 0 0 0 0 15,068 0 214,814 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 15,068 0 214,814 0 0 0 - 0 51,237 0 214.814 0 0 0 0 470,923 (3,610,652) 287,153 789,153 1,291,153 1.793.153 2.295.153 0 0 0 0 0 0 0 (4,037,619) 0 3,862 619 0 0 0 0 3,566,696 3,610,652) 3,575,466 789,153 1,291.153 1,793,153 2,295.153 WORKING DOCUMENT 16 OF 45 2004-05 Five Year Cash Flow CIVIC CENTER 252 1 2 4 s Beginning Fund Balance Advances from General fund Reserve for Civic Center Bonds Total Restricted/Reserve BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Civic Center Interest Total Revenues Transfers In TOTAL INFLOWS OUTFLOWS Expenditures Program Expenses Reimbursements General Fund Transfers Out 725 Civic Center Expansion - Design 6 Construction Total Transfers Out TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted !Reserve Funds - RDA 1 Advance Restricted /Reserve Funds - Debt Service Bonds ENDING Fund BALANCE 2004-05 2004-05 2005-06 200E-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 1.889.786 1.889.786 1,889.786 (1,403,804) (1,405,870) (1,407.936) (1410.002) 0 (2,100,000) (2,100,000) 0 0 0 203,831 203,831 203,831 513 896 171 351 203,831 1 896 169 1 896 169 513 896 171 351 1.685.955 3,785,955 3,785.955 (1,403.291) (1,404.974) (1,408.107) - (1,409.651) 254,769 192,500 192,500 192,500 192,500 192,500 192,500 8,336 0 0 9,800 9 800 9,800 9,700 263,104 192.500 192,500 202.300 202.300 202,300 202,200 0 0 0 0 0 0 0 263,104 192,500 192,500 202,300 202,300 202.300 202,200 0 0 0 0 0 0 0 102,183 204,366 204,366 204,366 204.366 204,366 204.366 65,905 3,081,187 3,281,724 0 0 0 0 65,905 3,081,187 3,281,724 0 0 0 0 168,088 3,285,553 3,486,090 204,366 204,366 204,366 204,366 1,780,972 692,902 492.365 490,812 489,642 487.405 485,590 0 0 0 0 0 0 0 203,831 1 896 169 1 896 169 1 896 682 1 897 578 1 897 407 1 897 758 1,984,803 1,203,267 1,403,804 1,405,870 1,407,93E 1,410,002 1,412,168 WORKING DOCUMENT 17OF45 204366 2004-05 Five Year Cash Flow LIBRARY DEVELOPMENT 253 1 2 3 4 5 Beginning Fund Balance Advances from RDA BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Library Development Interest Total Revenues Transfers In County Library DIF Transfers In City Library Fund Total transfers in TOTAL INFLOWS OUTFLOWS Expenditures Program Expenses Transfers Out - CIP 1702 Municipal Library Total Transfers - CIP Transfers Out Infrastructure Fund Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 2004-05 2005-06 200E-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 934,619 934.619 934,619 (2,699,331) (2,586.831) (2,474,331) (2.361.831) 0 0 (2,657,231) 0 0 0 0 934,619 934,619 3.591,850 (2.699,331) (2,586,831) (2.474,331) (2.361,831) 154.214 112.500 112,500 112,500 112.500 112,500 112,500 385 0 0 0 0 0 0 154,599 112,500 112,500 112,500 112,500 112.500 112.500 0 0 0 0 0 0 0 154,599 112,500 112,500 112.500 112.500 112,500 112,500 0 0 0 0 0 0 0 1,088,195 0 3746450 0 0 1,088.195 0 3,746,450 0 0 0 0 1,088,195 0 3,746,450 0 0 0 0 1.088.195 0 3,746,450 0 0 0 0 1,023 1.047,119 (42,100) 70,400 182,900 295.400 407.900 0 0 2 657 231 2 657 231 2 657 231 2 657 231 2 657 231 1,023 1,047,119 (2.699,331) 2,586,831 2,474,331 2,361,831 2.249,331 WORKING DOCUMENT 18OF45 2004-05 Five Year Cash Flow COMMUNITY CENTER 254 1 2 3 4 5 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Community Center Interest Total Revenues Transfers In TOTAL INFLOWS OUTFLOWS Expenditures Program Expenses Transfers Out Total Transfers Out TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 2004-05 2005-06 2006-07 2007-08 200E-09 Thru 12/31/04 (Original) (Adjusted) 643,716 643,716 643,716 702,916 765,516 829,316 894,416 643,716 643,716 643,716 702,916 765,516 829,316 894,416 66,091 48,500 48,500 48,500 48,500 48,500 48,500 3,000 10,700 10,700 14,100 15,300 16,600 17,900 69,091 59,200 59,200 62,600 63,800 65,100 66,400 0 0 0 0 0 0 0 69,091 59,200 59,200 62,600 63,800 65,100 66,400 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 712,807 702,916 702,916 765,516 829,316 894,416 960,816 0 0 0 0 0 0 0 712,807 702,916 702,916 765,516 829,316 894,416 960,816 WORKING DOCUMENT 19OF45 2004-05 Five Year Cash Flow STREET FACILITY 255 1 2 3 4 5 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Street Facility Interest Total Revenues Transfers In TOTAL INFLOWS OUTFLOWS Expenditures Program Expenses Transfers Out Total Transfers Out TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 145,772 145,772 145,772 157,472 170,372 183,572 197,072 145,772 145,772 145,772 157,472 170,372 183.572 197.072 13,502 9,800 9,800 9,800 9,800 9,800 9,800 675 1,900 1,900 3,100 3,400 3,700 3,900 14,177 11,700 11,700 12,900 13,200 13,500 13,700 0 0 0 0 0 0 0 14,177 11,700 11,700 12,900 13,200 13,500 13,700 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 159,949 157,472 157,472 170,372 183,572 197,072 210,772 0 0 0 0 0 0 0 159,949 157,472 157,472 170,372 183,572 197,072 210,772 WORKING DOCUMENT 20 OF 45 r) Ai / 2004-05 Five Year Cash Flow PARK FACILITY 256 1 2 3 4 5 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Park Facility Interest Total Revenues TOTAL INFLOWS OUTFLOWS Expenditures Program Expenses Transfers Out Total Transfers Out TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 36,969 36,969 36,969 39,969 43,269 46,669 50,069 36,969 36,969 36,969 39,969 43,269 46,669 50,069 3,438 2,500 2,500 2,500 2,500 2,500 2,500 169 500 500 800 900 900 1,000 3,607 3,000 3,000 3,000 3,300 3,400 3,400 3,500 3,607 3,000 3,300 3,400 3,400 3,500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40,576 39,969 39,969 43,269 46,669 50,069 53,569 0 0 0 0 0 0 0 40,576 39,969 39,969 43,269 46,669 50,069 53,569 WORKING DOCUMENT 21 OF 45 2004-05 Five Year Cash Flow FIRE PROTECTION FACILITY 257 1 2 3 4 5 Beginning Fund Balance Advances to Fire DIF BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Fire Tax Interest Total Revenues Transfer In - Infrastructure TOTAL INFLOWS OUTFLOWS Expenditures Interest Advances Transfers Out 720 Fire Station Total Transfers Out TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 2004-05 2005-06 200"7 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) (1,260,889) (1,260,889) (1,260.889) (1,228,789) (1,196,689) (1,164,589) (1,132,489) (1,260,695) (1,500,000) (1,260,695) 0 0 0 0 (194) 239,111 (194) (1,228,789) (1,196,689) (1,164,589) (1,132,489) 72,272 32,100 32,100 32,100 32,100 32,100 32,100 280 0 0 0 0 0 0 72,552 32,100 32,100 ` 32,100 32,100 32,100 32,-100 0 0 0 0 0 72,552 32,100 32,100 32,100 32.100 32,100 32,100 11,171 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11,171 0 0 0 0 0 0 61,187 271,211 31,906 64,006 96,106 128,206 160,306 1,260,695 1,500,000 1,260,695 1,260,695 1,260,695 1,260,695 1,260,695 (1,199,508) (1,228,789) (1,228,789) (1,196,689) (1,164,589) (1,132,489 1,100,389 WORKING DOCUMENT 22 OF 45 2004-05 Five Year Cash Flow LIBRARY COUNTY DIF Fund 258 1 2 3 4 5 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS OUTFLOWS Revenues County Library DIF Interest TOTAL INFLOWS Expenditures Program Expenses Transfers Out - CIP 702 Municipal Library Total Transfers - CIP TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 408,182 408,182 408,182 8,282 8,482 8,482 8,482 408,182 408.182 408,182 8,282 8,482 8,482 8,482 0 190,863 190,863 0 0 0 0 1,134 100 100 200 1,134 190,963 190,963 200 0 0 0 0 0 0 0 0 0 0 408,182 0 590,863 0 0 0 0 408,182 0 590,863 0 0 0 0 408,182 0 590,863 0 0 0 0 1,134 599,145 8,282 8,482 8,482 8,482 8,482 0 0 0 0 0 0 0 1,134 599,145 8,282 8,482 8,482 8,482 8,482 WORKING DOCUMENT 230F45 ARTS IN PUBLIC PLACES 270 Beginning Fund Balance Restricted for various projects Total Restricted/Reserve BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Developer fees Credits Applied Interest TOTAL INFLOWS OUTFLOWS Project Expenditures Civic Center Sculpture Civic Center Air Purchase Civic Center Air Base construction Fritz Burns Park Artwork Hwy 111 Future Artpiece Subtotal Capital Improvement Program Expenditures 639 Civic Center Campus Improv - Phase 1 639 Civic Center Campus Improv - Phase 1 713 La Quinta Court Public Improvement Subtotal TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 Five Year Cash Flow 1 2 3 4 5 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 764,688 764,688 764,688 388,981 388,981 388,981 388,981 538,375 0 0 0 0 0 0 538,375 0 0 0 0 0 0 226,313 764,688 764,688 388,981 388,981 388,981 388,981 102,375 97,500 97,500 97,500 97,500 97,500 97,500 0 0 0 0 0 0 0 3,569 1,100 1,100 7,800 7,800 7,800 7,800 105,944 98,600 98,600 105,300 105,300 105,300 105,300 0 452,725 334,401 .105,300 105,300 105,300 105,300 0 0 22,659 0 0 0 0 0 0 22,659 452,725 334,401 105,300 105,300 105,300 105,300 1,800 0 119,731 0 0 0 0 0 (115,725) 0 0 0 0 0 0 135,900 0 0 0 0 1,800 0 139,906 0 0 0 0 24,459 452,725 474,307 105,300 105,300 105,300 105,300 307,799 410,563 388,981 388,981 388,981 388,981 388,981 538,375 0 0 0 0 0 0 846,174 410,563 388,981 388,981 388,981 388,981 388,981 WORKING DOCUMENT 24 OF 45 2004-05 Five Year Cash Flow CAPITAL PROJECTS 1 2 3 4 5 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues CVAG CVWD County of Riverside STIP City of Indio SB300 Funding RCTC S6821-Bicycle Path Grant State of California APP Contribution Litigation Settlement Developer Agreement Funding Total revenues Transfers In Art in Public Places Gas Tax General Fund Federal Assistance - CDBG Lighting & Landscape Quimby Infrastructure CMAQ-ISTEA Transportation DIF Park DIF Library DIF RDA PA2 Housing Bond Fund RDA PA2 Housing Fund RDA PA1 Housing Fund RDA PA1 Housing Bond Fund Financing Authority RDA CIP I RDA CIP 2 AD 2000-1 Village Parking Civic Center DIF Fire Tax Urban Forestry Grant Library County Dif Fund Library Fund RDA CIP 1 - Taxable SCAQMD Equipment Replacement RCTC 2004 Low Mod Project Fund Total Transfers in by Fund TOTAL INFLOWS OUTFLOWS Expenditures CIP Reimbursements General Fund TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 486,505 0 6,592,557 0 0 0 0 0 0 877,462 0 0 0 0 0 0 0 0 0 0 0 0 0 244,800 0 0 0 0 0 43,750 43,750 0 0 0 0 0 0 0 0 0 0 0 0 100,000 0 0 0 0 0 0 0 52,887 0 0 0 0 64,442 0 664,658 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 87,500 87,500 0 0 0 0 550,947 231,250 8,563,614 0 0 0 0 1,800 0 139,906 0 0 0 0 10,622 0 239,581 0 0 0 0 145,153 198,454 304,017 198,454 198,454 198,454 198,454 7,547 0 479,535 0 0 0 0 0 0 0 0 0 0 0 185,172 0 547,871 0 0 0 0 499,278 0 1,140,356 0 0 0 0 0 0 553,785 0 0 0 0 112,156 1,853,550 4,052,084 0 0 0 0 15,068 0 214,814 0 0 0 0 1,088,195 0 3,746,450 0 0 0 0 0 0 0 0 0 0 0 2,624,695 0 3,250,225 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6,892,327 2,776,000 38,078,614 85,000 85,000 85,000 85,000 (28,892) 0 1,426,079 0 0 0 0 0 0 142,507 0 0 0 0 0 0 (1,893) 0 0 0 0 65,905 3,081,187 3,281,724 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 408,182 0 590,863 0 0 0 0 298,625 0 2,416,501 0 0 0 0 5,001,287 0 5,778,816 0 0 0 0 0 0 77,119 0 0 0 0 0 657,000 657,000 0 0 0 0 0 1,660.635 2,056,829 0 0 0 0 50,048 0 1,920,965 0 0 0 0 17,377,167 .10,226,826 71,093,748 283,454 283,454 283,454 283,454 17,928,114 10,458,076 79,657,362 -283,454 283,454 283,454 283,454 17,860,273 10,081,395 78,663,904 280,954 280,954 280,954 280,954 67,840 376,681 993,458 2,500 2,500 2,500 2,500 17,928,114 10,458,076 79,657,362 283,454 283,454 283,454 283,454 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 or WORKING DOCUMENT 2 . J i ASSESSMENT DISTRICT - 2000-1 409 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Bond Proceeds Interest Prepayments Total Revenues Transfers In Federal Assistance TOTAL INFLOWS OUTFLOWS Expenditures Operations Expenses Transfers Out Capital Improvement Program 673 Phase V-A 8 VB Village Commercial/Cov 675 Phase V-C Westward Ho 676 Phase V-D Sagebrush, Bottlebrush,Saqua Total CIP TOTAL. OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 Five Year Cash Flow 1 2 3 4 5 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 452,374 452,374 452,374 315,867 315,867 315,867 315,867 452,374 452,374 452,374 315,867 315,867 315,867 315,867 0 0 0 0 0 0 1,914 6,000 6,000 0 0 1,914 6,000 6,000 0 0 0 0 0 0 0 0 0 0 0 1,914 6,000 6,000 0 0 0 0 0 0 0 0 0 0 0 Area 0 0 0 0 0 0 0 0 0 0 0 0 'o 0 142,507 0 0 0 0 0 0 142,507 0 0 0 0 0 0 142,507 0 0 0 0 454,287 458,374 315,867 315,867 315,867 315,867 315,867 0 0 0 0 0 0 0 454,287 458,374 315,867 315,867 315,867 315,867 315,867 WORKING DOCUMENT 26 OF 45 EQUIPMENT REPLACEMENT Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Maintenance Charges Capital Contribution Sale of Equipment Interest Subtotal Transfers In TOTAL INFLOWS OUTFLOWS Expenditures Operations Expenses Capital Expenses Transfers Out Capital Improvement Program City Hall Expansion TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 501 2004-05 Five Year Cash Flow 1 2 3 4 5 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 3,335,139 3,335,139 3,335,139 2,626,660 2,579.160 2,505,760 2,425,860 3,335,139 3,335,139 3,335,139 2,626,660 2,579,160 2,505,760 2,425,860 328,160 225,137 328,160 216,225 303,909 320,436 336,458 0 0 0 12,317 60,700 60,700 52,500 51,600 50,100 48,500 340,477 285,837 388,860 268,725 355,509 370,536 384,958 340,477 285,837 388,860 268,725 355,509 370,536 384,958 71,181 405,339 440,339 216,225 303,909 320.436 336,458 0 0 0 100,000 125,000 130,000 130,000 0 657,000 657,000 0 0 0 0 11,181 1,Ubz,339 1,U91,339 31b,L15 418,9U9 45U,4.5b 4bb,4J)b 3,604,434 2,558,637 2,626,660 2,579,160 2,505,760 2,425,860 2,344,360 0 0 0 0 0 0 0 3,604,434 2,558,637 2,626,660 2,579,160 2,505,760 2,425,860 2,344,360 WORKING DOCUMENT 27 OF 45 -s - INFORMATION TECHNOLOGY Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Charges for services Capital Contribution Sale of Fixed Assets Interest Subtotal Transfers In General Fund TOTAL INFLOWS OUTFLOWS Expenditures Operations Expenses Capital Expenses TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 502 2004-05 Five Year Cash Flow 1 2 3 4 5 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 847,869 847,869 847,869 681,086 687,686 694,486 701,386 847,869 847,869 847,869 681,086 687,686 694,486 701,386 416,568 406,111 416,568 216,225 303,909 320,436 336,458 0 0 0 0 3,200 7,000 7,000 13,600 13,800 13,900 14,000 419,768 413,111 423,568 229,825 317,709 334,336 350,458 0 0 0 419,768 413,111 423,568 1 229,825 317,709 334,336 350,458 175,801 326,400 590,351 216,225 303,909 320,436 336,458 0 0 0 7,000 7,000 7,000 7,000 175,801 326,400 590,351 223,225 310,909 327,436 343,458 1,091,836 934,580 681,086 687,686 694,486 701,386 708,386 0 0 0 0 0 0 0 1,091,836 934,580 681,086 687,686 694,486 701,386 708,386 WORKING DOCUMENT 28 OF 45 PARK EQUIPMENT R FACILITY MAINT 503 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Charges for services Capital Contribution Capital Contribution Sale of Fixed Assets Interest Subtotal Transfers In General Fund TOTAL INFLOWS OUTFLOWS Expenditures Operations Expenses Capital Expenses TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 Five Year Cash Flow 2 3 4 5 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 0 0 0 14,113.209 14.575,509 15,047,009 15.527,909 0 0 0 14,113,209 14,575,509 15,047,009 15,527,909 250,000 250,000 250,000 250.000 250,000 250,000 250,000 13,863,209 0 13,863,209 1,155 0 0 0 282,300 291.500 300,900 310,600 14 114,364 250,000 14 113,209 532,300 541,500 550,900 560,600 0 0 0 14,114,364 250,000 14 113,209 532,300 541 500 550 900 560.600 0 0 20,000 20,000 20,000 20,000 0 0 0 50,000 50,000 50.E 50,000 0 0 0 70,000 70,000 70,000 70,000 14,114,364 250,000 14,113,209 14.575,509 15,047,009 15.527,909 16,018.509 0 0 1 0 1 0 0 0 0 14,114.364 250.000 14,113,209 14,575,509 15.047.009 15,527,909 16.018.509 WORKING DOCUMENT 29 OF 45 - A, 2004-05 Five Year Cash Flow SILVERROCK 601 1 2 3 4 5 Beginning Fund Balance Advances from General fund Total Restricted/Reserve BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Golf Course revenues Interest Transfers In TOTAL INFLOWS OUTFLOWS Expenses Golf course expenses Reimbursements Total Reimbursements Transfers Out Capital Improvement Program Total CIP Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 0 0 0 (244,572) (241,672) (238,672) (235,672) 0 0 (390,000) 0 0 0 0 0 0 (390,000) 0 0 0 0 0 0 390,000 145,428 148,328 151,328 154,328 3,227 2,442,616 1,911,056 0 0 0 0 0 2,900 3,000 3,000 3,100 0 0 0 0 0 0 0 3,227 2,442,616 1,911,056 2 9W 3,000 3,000 3,100 125,318 2,325,111 2.155,628 0 0 0 0 0 0 125,318 2,325,111 2,155,628 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 125,318 2,325 111 2,155,628 0 0 0 0 (122,092) 117,505 145,428 148,328 151,328 154,328 157,428 0 0 390,000 (390,000) 390.000 (390,000) (390,000) 122,092 117,505 (244,572) 241,672 238,672 235,672 232,572 WORKING DOCUMENT 30 OF 45 POLICE & FIRE SURVIVORS Fund 702 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Interest Total Revenues Transfers In General Fund TOTAL INFLOWS OUTFLOWS Expenditures Contributions TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 Five Year Cash Flow 1 2 3 4 5 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 8,413 8,413 8,413 8,513 8,713 8,913 9,113 8,413 8.413 8,413 8,513 8.713 8,913 9,113 33 100 100 200 200 200 200 33 100 100 200 200 200 200 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,033 2,100 2,100 2,200 2,200 2,200 2,200 2,000 2,000 2,000 2,000 2,000 2,000 0 2,000 2,000 2,000 2,000 2,000 2,000 10,446 8,513 8,513 8,713 8,913 9,113 9.313 0 0 0 0 0 0 0 10,446 8,513 8,513 8,713 8,913 9,113 9,313 WORKING DOCUMENT 31 OF 45 FINANCE AUTHORITY 310 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Rental Income Contractual Service fees Interest Total Revenues Transfers In RDA Debt service 1 RDA Debt service 2 TOTAL INFLOWS OUTFLOWS Expenditures Contract/M iscella neous Debt Service 96 Series TAB P81 2004 Financing Authority Interest Subtotal Expenditures Transfers Out Total Transfers Out TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 Five Year Cash Flow 7 2 3 4 5 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 5,052 5,052 5,052 5,346 5,346 5,346 5,346 5,052 5,052 5,052 5,346 5,346 5,346 5,346 501.890 681,200 681,200 680,575 678,865 675,880 676,450 0 10,000 10,000 10,000 10,000 10,000 10,000 13 0 0 0 0 0 0 501,903 691,200 691,200 690,575 688.865 685,880 686,450 511,142 0 1,995,101 3,465,227 3,968,515 3,970,960 3,966,396 254,904 0 994,948 1,706,754 1,954 641 1,955,846 1,953,598 766,046 0 2,990,049 5,171,981 5,923,156 5,926,806 5,919,994 1,267,948 691 200 3,681 249 5.862.556 6 612 021 6 612,686 6,606,444 3,481 9,686 9,686 10,000 10,000 10,000 10,000 1,267,936 681,220 681,220 2,990,049 680.575 5,171,981 678,865 5,923,156 675.880 5,926,806 676,450 5,919,994 1,271,417 690,906 3,680,955 5,862,556 6,612.021 6,612,686 6,606,444 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,271,417 690 906 5 862 556 6,612,021 6 612 686 6606444 1,584 5,346 r349655 5,346 5,346 5,346 5,346 0 0 0 0 0 0 1,584 5,346 5,346 5,346 5,346 5,346 WORKING DOCUMENT 32 OF 45 r FINANCE AUTHORITY 420 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Interest Total Revenues Transfers In TOTAL INFLOWS OUTFLOWS Expenditures Bond issuance costs Subtotal Expenditures Transfers Out Total Transfers Out TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 Five Year Cash Flow 1 2 3 4 5 2004-05 Thru 12/31/04 (Original) 55,000 55,000 55,000 55,000 46 0 2004-05 (Adjusted) 55,000 55,000 0 2005-06 0 0 0 2006-07 0 0 0 2007-08 0 0 0 2008-09 0 0 0 46 0 0 0 0 0 0 0 0 0 0 0 0 0 46 0 0 0 0 0 0 49,997 55,000 0 0 0 0 49,997 0 55,000 0 0 0 0 0 0 0 0 0 0 0 0 7 0 0 0 0 0 0 49,997 0 55,000 0 0 0 0 5,049 0 55,000 0 0 0 0 0 0 0 0 0 0 0 5,049 55,000 0 0 0 0 0 WORKING DOCUMENT 33 OF 45 PROJECT AREA NO. 1 - BOND 244 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Interest Home Sale Proceeds Total Revenues Transfers In TOTAL INFLOWS OUTFLOWS Expenditures Contract/Miscellaneous Housing Projects Desert Club Building Horizons Subtotal Reimbursements General Fund Subtotal Expenditures Transfers Out PA 1 Housing 682 Miraflores Single Family 683 Miraflores Senior Apartments 737 Vista Dunes Mobile Home Park Total Transfers Out TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 Five Year Cash Flow 1 2 3 4 5 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 WORKING DOCUMENT 34 OF 45 PROJECT AREA NO.1 • HOUSING 245 Beginning Fund Balance Restricted: 1/2 Total Planning 3 Development Restricted: Sept Payment on 94 TAB's Restricted: Sept Payment on 2004 Fin Authority Bonds Total Restricted/Reserve BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Tax Increment Tax Increment LQ Rental Program Interest Home Sale Proceeds Rehabilitation ban Repayments Sale of Land Sewer Subsidy Reimbursements 2nd Trust Deed Repayment Miscellaneous Total Revenues Transfers In Low Mod Housing 2 Debt Service 1 - ERAF TOTAL INFLOWS OUTFLOWS Expenditures Contract/Miscellaneous Building Horizons LQ Rental Program 2nd Trust Deed Program Low/Mod Village Apartments Mobile Home Rehabilitation -LQ Housing Projects Lq Rehabilitation Apartment Rehabilitation Foreclosure Acquisition Subtotal Reimbursements General Fund Subtotal Expenditures Transfers Out 737 Vista Dunes Mobile Home Park 1683 Miraflores Senior Apts PA 1 Debt Service - 94 TABS - 18.5 PA 1 Debt Service - 95 TABS - 78.72 PA 1 Debt Service - 2004 Financing Authority Total Transfers Out TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted [Reserve Funds ENDING Fund BALANCE 66.67 2004-05 Five Year Cash Flow 1 2 3 4 5 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 3,810,149 3,810,149 3,810,149 3,378.601 5,328,524 6,975,116 8,807,723 201,619 463,165 463,165 378,114 379,597 396,131 396,131 367,916 367,916 367,916 9,620 7,525 10,154 11,261 505,590 0 510,700 1,461,979 515,985 18,134 14,300 1,075,125 831,081 1,341,781 1,849,713 903,107 424,419 421,692 2,735,023 2,979,068 2,468,368 1,528,888 4,425,417 6,550,697 8,386,031 0 6,246,300 6,246,300 6,433,741 6,626,753 6.825,555 7.030,322 234,679 2:17,511 244,636 251,975 259,535 142,344 341,000 341,000 3:32,000 323,000 314.000 305,000 3,976 20,800 20,800 40,700 42,700 57.600 85,800 240,788 150,000 660,000 150,000 150,000 150,000 150,000 84,760 0 0 0 0 0 0 0 0 165,000 0 0 0 0 46,961 0 0 0 0 0 0 747.000 0 0 0 0 0 0 0 0 0 0 0 0 1,265,829 6,758,100 7.667,779 7,193,952 7,387,089 7,599,130 7,830,657 0 0 0 0 0 0 0 1,265 829 6,758,100 7,667,779 7 193 952 7,387,089 7,599,130 7,830,657 69,103 258,057 258,057 87,955 90,921 123,990 123,990 75,000 210,000 250,000 210,000 210,000 210.000 210,000 125,179 150,000 150,000 332,000 323.000 314,000 305,000 65,000 2,500,000 3,118,240 0 0 0 0 0 0 400,000 0 0 0 0 0 0 0 0 0 0 0 0 500,000 0 0 0 77.591 0 276,411 265,000 0 0 676,873 3,118,057 4,952,708 629,955 623,921 647,990 638,990 0 334,136 668,272 668,272 668,272 668,272 668,272 668,272 1,011,009 3,786,329 5,620,980 1,298,227 1,292,193 1,316,262 1,307,262 0 0 0 0 0 0 0 483,246 483,246 480,575 479,789 479,301 478,083 1,250,123 0 0 0 0 511,142 1,995,101 3,465,227 3,968,515 3,970,960 3,966,396 511,142 1,733,369 2,478,347 3,945,802 4,448,304 4,450,261 4,444,479 1,522,150 5,519,698 8,099 327 5,244 029 5,740,497 5,766,523 5,751,741 2,478,702 4,217,470 2,036,820 2,137,031 2,880,516 4,288,704 5,945,928 1,075,125 831,081 1,341,781 3,191,493 4,094,600 4,519,019 4,940,711 3,553,827 5,048,551 3,378,601 5,328,524 6,975,116 8,807,723 10,886,639 WORKING DOCUMENT 2004-05 Five Year Cash Flow PROJECT AREA NO. 1 - DEBT SERVICE 301 Beginning Fund Balance Restricted: Sept Payment on 94 TAB's Restricted: Sept Payment on 98 TAB's Restricted: Sept Payment on 2001 TAB's Restricted: Sept Payment on 2002 TAB's Restricted: Sept Payment on 2003 Taxable TAB's Restricted: December Payment to CVUSD Total Restricted/Reserve BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Tax Increment Tax Increment Interest Interest Advance on City Loans Total Revenues Transfers In RDA PA 1 Housing RDA PA 1 Capital Projects - County Pass Through RDA PA 1 Capital Projects - ERAF TOTAL INFLOWS OUTFLOWS Expenditures Contract/M isce I I a neous Debt Service 94 Series TAB P&I 95 Series TAB P&I 98 Series TAB P&I 2001 Series TAB P&I 2002 Series TAB P&I 2003 Series TAB P&I ERAF Loan Repayment ERAF Loan Repayment Subtotal Debt Service Pass Through Payments City of La Quinta County Schools Cy Park & Recreation Public Cemetary Resource Conservation CVWD CVWD CV Mosquito Abatement CV Mosquito Abatement CVUSD DSUSD Riverside County Riverside County Subtotal Pass Through Payments Interest on City Loan Subtotal Expenditures Transfers Out RDA PA 1 Capital RDA PA 1 Low/Mod Housing 2004 Finance Authority Debt service TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 1 2 3 4 5 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 4,088,071 4,088,071 4,088,071 3,722.213 4,582,355 6,179,139 8,223,355 1,988,733 1,988,733 2,040,732 40,676 54,884 60,871 61,490 409,760 409,760 409,760 0 0 0 0 1,215,360 1,215,360 1,215,360 0 0 0 0 1,520,384 1.520,384 1,525,440 0 4,250 7,980 6,750 - - 1,195,363 6,732 6,414 11,096 10,672 355,938 355,938 363 057 7,119 7,261 7,406 7,555 5,490,175 5,490,175 6,749,712 54,527 72,809 87,353 86,467 (1,402,104) (1,402,104) (2,661,641) 3,667,686 4,509,546 6,091,786 8,136,888 0 24,985,400 24,985,400 25,734,962 26,507,011 27,302,221 28,121,288 938,515 966,670 995,670 1,025,540 1,056,306 38,923 66,000 66,000 74,400 91,600 123,600 164,500 0 0 0 1,126,123 1,238,735 1 362 609 1,498,870 38,923 25,051,400 25,989,915 27,902,155 28,833,016 29,813,970 30.840.964 511,142 1,733,369 2,478,347 3,945,802 4,448,304 4,450,261 4.444,479 511,142 1 733 369 2,478,347 3,945,802 - 4,448 304 4450,261 4,444,479 550,064 26,784,769 28 468 262 31,847 957 33,281,320 34,264,231 35,285,443 18,468 496,585 496,585 394,585 229,676 238,449 247,525 2,040,733 2,612,140 2,612,140 2,599,465 2,599,465 2,612,140 2,597,700 1,250,123 0 0 0 0 0 409,760 819,520 819,520 819,520 819,520 819,520 819,520 1,215,360 2,430,720 2,430,720 2,430,720. 2,430,720 2,430,720 2,430,720 1,525,441 2,470.131 2,470,131 2,470,825 2,470,131 2,467,361 2,467,091 1,195,363 1,992,458 1,992,458 1,992,458 1,990,604 1,988,114 1,989,882 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 219,272 0 0 0 0 6,386,656 14,575,092 13,105,697 13,312,988 13,310,440 13,317.855 13, 304,913 5,559 11,229 17,012 4,182 8,447 12.798 2,116 4,275 6,476 344 695 1,054 41 82 124 374,781 374,781 443,928 457,246 470,963 485,092 12,279 90,105 (44,706) (46,047) (47,428) 347,297 347,297 355.142 365,797 376,771 388,074 10,534 13,340 13,740 14,152 14,5T7 726.114 726,114 726,114 711,876 726,114 740,636 755,449 0 0 0 0 0 10,455,214 10,455,214 10,673,575 10,993,783 11,323,596 11,663,304 357,754 1 400,926 412,954 425,343 438,103 726,114 11, 903, 406 12,283, 973 12, 688, 892 12, 937,170 13, 330,142 13, 734, 635 476,382 952,764 952,764 1,126,123 1,238,735 1,362,609 1,498,870 7,607,620 27,927,847 26,839,019 27,522,588 27,716,021 28,249,055 28,785.943 0 0 0 0 0 0 0 511,142 1,995,101 3,465,227 3,968 515 3 970 960 3 966 396 511,142 0 1,995,101 3,465,227 3,968:515 3970960 3966396 8,118,762 27,927,847 28,834,120 30,987,815 31,684,536 32,220 015 32,752339 (8,970,802) (2,545,182) (3,027,499) (2,221,884) (697,909) 1,258,954 3,705,591 5,490,175 5,490,175 6,749,712 6,804,239 6,877,048 6,964 401 7,050,868 (3,480,627) 2,944,993 1 3,722,213 1 4,582,355 6,179,139 8,223,355 10,756,459 WORKING DOCUMENT _ 2004-05 Five Year Cash Flow PROJECT AREA NO. 1 - CAPITAL PROJECTS Beginning Fund Balance Advances to Park DIF Advances to Park DIF Advances to Library DIF Advances to Library DIF Reserve for economic Development Projects Less Library Less SilverRock Total Restricted/Reserve BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Interest Interest Rental Income Proceeds from bans Proceeds from Bond issue Litigation proceeds Transfers In PA 1 Debt Service PA 1 Taxable RDA No. 1 TOTAL INFLOWS OUTFLOWS Expenditures Contract Services/Misc Advertising -Economic Dev Economic Development Sewer Subsidy Program Bond Issuance Costs Land Acquisition Capital - Building Subtotal Reimbursements General Fund Transfers Out Capital Improvement Program 1639 Phase 1 Civic Center Campus 1644 WashingtorJl-10Interchange 1651 Sidewalks - Various Locations 1652 Handicap ramp - Various Locations 1656 Cove Mini -Park Expansion 1673 Phase VI -A Village Commercial 1679 Cove Oasis/Lake Cahuilta 1688 Phase 1 Jefferson St Project 1702 Municipal Library 1702 Municipal Library 1705 Museum Expansion 1712 Citywide Street Sidewalk Improvements 1721 La Fonda Street Improvements 1714 Eisenhower Dr Rehab and Median Islands 1717 Various Left Turn pockets modifications at L( 1723 SilverRock Resort 1724 CVAG Jefferson Phase 1 Landscape 1728 Eisenhower Landscape -LO Country Club 1734 Addition to Boys 8 Girls Club 1735 Sports Complex Improvements 1736 Misc Street Improvements 1739 Village Parking Lot 1726 Eisenhower Or Bridge Total CIP Transfer to Debt Service 1 Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds -Advances to Park DIF Restricted /Reserve Funds - Advances to Library DIF Restricted /Reserve Funds - Economic development - Ei Restricted /Reserve Funds - Economic development ENDING Fund BALANCE 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12f31/04 (Original) (Adjusted) 47.403,373 47,403.373 47.403.373 9,617,453 10,862,540 12,123,327 13,602,627 4,075,463 0 4,075,463 81,509 83,139 64,802 86.498 (175,000) 0 0 2.657,231 53.145 54,208 55.292 56,397 (150,000) 0 4,410,000 4,410,000 0 0 0 0 0 (1,200,000) 0 0 0 0 (554,000) 4,075,463 4,410,000 9.063,694 134,654 137,347 140 094 142,896 43,327,910 42.993,373 38,339,679 9,482.800 10,725,193 11,983,234 13,459,732 314.865 0 0 11,100 26,800 49,300 76,000 0 0 900,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 314,865 0 9()0,000 11,100 26,800 49,300 76,000 55,153 121,293 121,293 125,000 125.000 125.000 125,000 6,500 40,000 40,000 16,585 50.000 50,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 78,238 211,293 211,293 125.000 125,000 125,000 125,000 163,472 396,013 396,013 396,013 396,013 200,000 200,000 0 0 0 0 0 0 0 50.000 50,000 50,000 50,000 50.000 50,000 50,000 912 25,000 73,746 25,000 25,000 25,000 25.000 0 10,000 39,887 10,000 10,000 10,000 10,000 0 0 0 0 0 0 0 0 0 (4,865) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,200,000 0 0 0 0 0 0 (1,200,000) 0 0 0 0 0 0 199,000 0 0 0 0 0 0 0 0 0 0 0 101,735 0 297,341 0 0 0 0 903 0 900,601 0 0 0 0 1` 0 0 0 0 0 0 0 6,692,541 0 32,846,300 0 0 0 0 0 0 0 0 0 0 0 0 0 100,000 0 0 0 0 536 0 353,927 0 0 0 0 250 0 93,979 0 0 0 0 0 0 21,963 45.449 0 415,735 0 0 0 0 2,691,000 2,691,000 0 0 0 0 6,892,327 - 2,776.000 38,078,614 85,000 85,000 85,000 85,000 0 0 0 0 0 0 0 6,892,327 2,776 000 38 078.614 85,000 85,000 85,000 85,()00 7,134,036 3.383 306 38,685 920 606,013 606 013 410,000 410,000 36,508,740 39.610,067 553,759 1,339,193 2,462.633 3,801,839 5,164,943 4,075,463 3,900,463 4,156,972 4,240,112 4,324.914 4,411,412 0 2,507,231 2,710,376 2,764,583 2,819.875 2,876,272 nb 0 4,410,000 1.840,000 1,840,000 1,840,000 1,840,000 1,840,000 0 4,410,000 816,000 816,000 816,000 816,000 816,000 40,584,203 48.430.067 9.617,453 10,862,540 12.123,327 13,602,627 15.108.627 WORKING DOCUMENT r ./;r� PROJECT AREA NO. 1 - CAPITAL PROJECTS - TAXABLE Beginning Fund Balance Total Restricted/Reserve BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Interest Interest Rental Income Proceeds from bonds Proceeds from Bond issue Litigation proceeds Transfers In PA 1 Debt Service TOTAL INFLOWS OUTFLOWS Expenditures Bond Issuance Costs Subtotal Transfers Out Capital Improvement Program 1723 SilverRock Ranch Total CIP Transfer to Debt Service 1 Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 Five Year Cash Flow t 2 3 4 5 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31104 (Original) (Adjusted) 5,743,816 5.743,816 5.743.816 15,000 15,300 15,600 15,900 0 0 0 0 0 0 0 0 0 0 0 0 0 5.743,816 5,743,816 5.743,816 15,000 15,300 15,600 15,900 36,628 0 300 300 300 300 0 0 50,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 36,628 0 50,000 300 300 300 300 0 0 0 0 0 0 0 0 0 0 0 0 0 5,001,287 5,778,816 0 0 0 0 5,001,287 0 5,778,816 0 0 0 0 0 0 0 0 0 0 0 5,001,287 0 5.778,816 0 0 0 0 5,001,287 0 5 778 816 0 0 0 0 779.157 0 5.743,816 0 15,000 0 15,300 0 15,600 0 15,900 0 16.200 0 779,157 5,743,816 15,000 15.300 15,600 15,900 16.200 WORKING DOCUMENT 38OF45 - r 14 � — -- `1 a PROJECT AREA NO. 2 - BOND 244 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Interest Bond Proceeds (net) Total Revenues Transfers In RDA PA1 Bond TOTAL INFLOWS OUTFLOWS Expenditures 2nd Trust Deeds Land Bond issuance costs Reimbursements General Fund Subtotal Expenditures Transfers Out PA 2 Low Moderate Fund Transfers Out -CIP 682 Miraflores Single Family 683 Miraflores Senior Apartments 737 Vista Dunes Mobile Mohe Park Transfers Out - CIP Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 Five Year Cash Flow 1 2 3 4 5 2004-05 2004-05 2005-06 20%-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 WORKING DOCUMENT 39 OF 45 �; '7 1 PROJECT AREA NO. 2 - HOUSING 246 Beginning Fund Balance ERAF Principal Repayment Restricted: 12 Total Planning & Development Restricted: Sept Payment on 2004 Fin Authority Boric Total Restricted/Reserve BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Tax Increment Tax Increment Proceeds from sale of bonds Developer funding Interest 2nd Trust Deed Repayment Vista Dunes MHP Rental Rev Sale of land Total Revenues Transfers In Low Moderate Housing Bond Fund TOTAL INFLOWS OUTFLOWS Expenditures Contract/Miscellaneous 47th and Adams Foreclosure Acquisition Adams 48th Planning Adams 48th from Centerpointe Wash/Miles Project Vista Dunes Mobile Home Park LQRP Second Trust Deeds Property Acquisition Subtotal Reimbursements General Fund Subtotal Expenditures Transfers Out Capital Improvement Program 737 Vista Dunes Mobile Home Park 741 Hammer Property Total CIP Transfer to Debt Service PA 2 - Centerpointe PA 2 Debt Service - 95 TABS - 21.28% PA 2 Debt Service - 2004 Low Mod Housing Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 33.33 % 2004-05 Five Year Cash Flow 1 2 3 4 5 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 5,702,093 5,702,093 5,702,093 3,529,422 4,798,857 6,023,519 7.370,450 99,263 97,494 97,494 99,975 54,506 55,108 55,668 255,323 255,323 255,346 730,978 257,990 9,066 7,150 354,586 352,817 352 840 830,953 312 496 64,174 62,818 5,347,508 5,349,276 5,349,253 2,698,470 4,486,361 5,959,345 7,307,633 0 3,115,000 3,115,000 3,208,399 3,304,651 3.403,790 3,505,904 230,543 237,511 244,636 251,975 259,535 0 7,096,294 7,054,074 7,054,074 0 0 0 0 21,572 24,100 24,100 63,500 72,300 90,500 116,200 251,393 0 0 0 0 0 0 159,973 0 0 801359 0 801358 8,330,591 10,193,174 11,225,075 3.509,410 3,621,587 3,746,265 3,881,639 8,330,591 10,193,174 11,225,075 3,509,410 3 621,587 3,746,265 3,881,639 198,525 194,988 194,988 199,949 109,012 110,216 111,335 44,351 242,296 776,239 150,000 150,000 150,000 0 150,000 7,058 1,423,203 1,423,203 5,318 0 0 143,195 0 0 0 500,000 500,000 0 2,520,000 2,520,000 548,447 5,030,487 5,714,430 199,949 109,012 110,216 111,335 166,636 333,272 333,272 333,272 333,272 333,272 333,272 715,083 5,363,759 6,047,702 533,221 442,284 443,488 444.607 2,632,604 0 3,258,134 7,909 0 (7,909) 2,624,695 0 3,250,225 0 0 0 0 3,147,091 3,104,871 0 0 0 0 0 337,867 254,904 994,948 1,706,754 1,954,641 1,955,846 1,953,598 3,401,995 337,867 4,099,819 1,706,754 1,954,641 1,955,846 1,953,598 6,026,689 337,867 7,350,044 1,706,754 1,954,641 1,955,846 1.953,598 6,741,772 5,701,626 13,397,746 2,239,975 2,396,925 2 399 334 2,398,205 6,936,327 9,840,824 3,176,582 3,615,065 4,527,231 5,809,988 7,230,604 354.586 352,817 352,840 1,183,793 1 496 289 1,560 463 1,623,280 7,290,912 10,193,641 3,529,422 4,798,857 6,023,519 7,370,450 8,853,884 WORKING DOCUMENT 40 OF 45 PROJECT AREA NO. 2 - 2004 LOW MOD HOUSING INFLOWS Beginning Fund Balance Revenues Interest Interest Total Revenues Transfers In Low Moderate Housing Bond Fund TOTAL INFLOWS OUTFLOWS Expenditures Contract/Miscellaneous Second Trust Deeds - 48th 6 Adams Vista Dunes Mobile Home - new homes New Affordable home sites Subtotal Transfers Out Capital Improvement Program 1737 Vista Dunes Mobile Home Park 1741 Hammer Property Total CIP TOTAL OUTFLOWS ENDING Fund BALANCE 248 2004-05 Five Year Cash Flow 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 57,656,982 57,656,982 57,656.982 56,736,017 27,870,737 28,428,152 28,996,715 493,936 1,000,000 1,134,720 557,415 568,563 579,934 493.936 0 1,000,000 1,134,720 557,415 568,563 579,934 493,936 0 1,000.000 1 134 720 557,415 568,563 579,934 0 7.000,000 15.000,000 8,000.000 0 0 0 30,000,000 0 0 0 0 0 1.870.000 50,048 0 50,9155 50,048 0 1.920.965 0 0 0 0 50,048 0 1,920,965 30,000,000 0 0 0 58,100,869 57,656,982 56,736,017 27,870.737 28,428,152 28,996,715 29,576,649 WORKING DOCUMENT 41 OF45 2004-05 Five Year Cash Flow PROJECT AREA NO. 2- DEBT SERVICE 302 1 2 3 4 F Beginning Fund Balance Restricted: September Payment on 98 TABS Total Restricted/Reserve BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Tax Increment Tax Increment Interest Interest Advance on City Loans Total Revenues Transfers In RDA PA 2 Housing TOTAL INFLOWS OUTFLOWS Expenditures Contract/Miscellaneous Debt Service 95 Series TAB P&I 98 Series TAB P&I ERAF Loan Repayment - Interest Subtotal Debt Service Pass Through Payments CVWD CVWD CV Mosquito Abatement CV Mosquito Abatement Riverside County Riverside County Riverside County - 4/28/98 DSUSD DSUSD Co Superintendent of Schools Co Superintendent of Schools Desert Community College Desert Community College CVRPD CVRPD Subtotal Pass Through Payments Interest on City Loan Subtotal Expenditures Transfers Out PA Capital PA 2 Low Mod Housing - ERAF 2004 Finance Authority Debt service TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2004-05 2004-05 2005-06 2006-07. 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) (11,104,297) (11,104,297) (11,104,297) (7,662,279) (4,489,368) (1,011,982) 2,525,910 254,463 254,463 254,463 3,155 3,029 2,875 2.742 254,463 254,463 254,463 3,155 3,029 2,875 2,742 (11,358:760) (11,358,760) (11,358,760) (7,665,434) (4,492,397) (1,014,857) 2,523,168 0 12,459,800 12,459,800 12,833,594 13,218,602 13.615,160 14,023,615 922,373 950,044 978,545 1,007,901 1,038,138 25,992 0 0 0 0 0 45,200 0 1,053,600 0 1,158,938 1,274,832 1,402,315 1,542,547 25,992 13,513,400 13,382,173 14,942,576 15,471,979 16,025,376 16,649,500 3,401,995 337.867 4,099,819 1,706,754 1,954,641 1,955,846 1,953,598 3,427,987 13,851,267 17 481,992 116,649,330 17,426,620 17,981,222 18 603,098 3,025 179.013 179,013 73,734 77,672 81,028 84,114 0 337,867 0 0 0 0 0 257,618 418,264 418,264 417,080 418,264 419,168 419,785 0 0 0 0 0 257,618 756,131 418,264 417,080 418,264 419,168 419.785 0 1,189,911 1,189,911 1,228,817 1,265,681 1,303,652 1,342,761 89,392 90,967 93,696 96,507 99,402 0 219,604 219,604 332,069 342,031 352,292 362,861 15,394 24,582 25,320 26,079 26,862 0 5,191,074 5,191.074 5,335,567 5,495,634 5,660.503 5,830,318 395,721 394,981 406,830 419,035 431,606 100,000 100,000 100,000 100,000 100,000 100,000 0 2,893,794 2,893,794 2.980,602 3,070,020 3,162,121 3,256,985 213,464 220,648 227,267 234,085 241,108 0 327,071 327,071 336,882 346,988 357,398 368,120 24,210 24,939 25,687 26,457 27,251 0 601,187 601,187 619,221 637,798 656,931 676,639 44,490 45,840 47,215 48,631 50,090 0 82,936 82,936 85,242 87,799 90,433 93,146 0 5,921 6,310 6,500 6,695 6,895 0 10,605,577 11,394,169 11,826,667 12,178,466 12,540,819 12,914.044 729,786 1,053,580 1,053,580 1,158,938 1,274,832 1,402,315 1.542,547 990,429 12,594,301 13,045,026 13,476,419 13,949,234 14,443,330 14,960,490 254,904 994,948 1,706,754 1,954,641 1,955,846 1,953,598 254,904 0 994,948 1,706,754 1,954,641 1,955,846 1,953,598 1,245,333 12,594,301 14,039,974 15,183,173 15,903,875 16,399,176 16,914,088 (9,176,106) (10,101,794) (7,916,742) (4,746,986) (1,272,629) 2,262,388 5,902,254 254,463 254,463 254,463 257,618 260,647 263,522 266,264 (8,921,643) (9,847,331) (7,662,279) (4,489,368) (1,011,982) 2,525,910 6,168,518 WORKING DOCUMENT n 7.4 r 2004-05 Five Year Cash Flow PROJECT AREA NO. 2- CAPITAL PROJECTS 406 1 2 3 4 F Beginning Fund Balance Advance to Fire DIF Advance to Fire DIF Reserved for Economic Development Hwy 111 BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Interest Interest Developer Transfers In PA 2 Debt Service TOTAL INFLOWS OUTFLOWS Expenditures Contract Services/Misc Advertising -Economic Dev Economic Development Subtotal Expenditures Reimbursements General Fund Transfers Out Capital Improvement Program 675 Phase V-C Westward Ho 1723 SilverResort 1732 Hwy 111 676 Phase V-D Sagebrush, Bottlebrush,Saquaro 1742 Simon Or Signal Total CIP Transfer to Park DIF Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds - Advance to Fire DIF Restricted /Reserve Funds - Economic Development ENDING Fund BALANCE 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) 3,128.493 3,128,493 3,128,493 1,550,001 1,519,401 1,488,201 1,456,401 1,260,695 1,500,000 1,260,695 0 0 0 0 (100,000) 0 482,000 482,000 0 0 0 0 0 0 312,000 0 0 0 0 1,867, 798 1,146, 493 1,797,798 1,550,001 1,519,401 1,488, 201 1,456,401 18,857 0 0 4,400 3,800 3,200 2,500 0 0 50,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 18,857 0 50,000 4,400 3,800 3,200 2.500 37,861 120,720 120,720 20,000 20,000 20,000 20,000 0 250 250 3,500 40,000 40,000 0 0 0 0 41,361 160,970 160,970 20,000 20,000 20,000 20,000 20,722 41,443 41,443 15,000 15,000 15,000 15,000 (28,892) 0 (26,156) 0 0 0 0 0 0 1,112,445 312,000 0 0 (17,589) 0 0 0 0 0 0 45,379 0 0 0 0 28,892 0 1,426,079 0 0 0 0 0 0 0 0 0 (28,892) 0 1,426,079 0 0 0 0 33,192 202,413 1,628,492 35,000 35,000 35,000 35,000 1,853,463 944,080 219,306 188,706 157,506 125,706 93,206 1,260,695 1,500, 000 1,160,695 1,160,695 1,160,695 1,160,695 1,160.695 0 482,000 170,000 170,000 170,000 170.000 170,000 3,114,158 2,926,080 1,550,001 1,519,401 1,488,201 1,456,401 1,423.901 WORKING DOCUMENT 43 OF 45 r 2004-05 Five Year Cash Flow REIMBURSEMENTS General Gas Tax Fund General Lighting & Landscape General Civic Center General Capital Improvement Fund General Redevelopment Civic Center General Fund RDA CIP 1 General Fund RDA CIP 2 General Fund Gas Tax General Fund L&L General Fund CIP General Fund RDA 1 Housing General Fund RDA 1 Bond General Fund RDA 2 Housing General Fund RDA 2 Bond General Fund 1 2 3 4 5 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 Thru 12/31/04 (Original) (Adjusted) (311,100) (622,200) (622,200) (666,5W) (689.800) (713,900) (738,900) (412,900) (825,800) (825,800) (825,800) (825,800) (825,800) (825,800) (102,183) (204,366) (204,366) (204,366) (204,366) (204,366) (204,366) (67,840) (376,681) (993,458) (2,500) (2,500) (2,500) (2,500) (684.966) (1,439,000) (1,439,000) (1,412,557) (1,412.557) (1,216,544) (1,216,544) 102,183 204,366 204,366 204,366 204,366 204,366 204,366 163,472 396,013 396,013 396,013 396,013 200,000 200,000 20,722 41,443 41,443 15,000 15,000 15,000 15,000 311,100 622,200 622,200 666,500 689,800 713,900 738,900 412,900 825,800 825,800 825,800 825,800 825,800 825,800 67,840 376,681 993,458 2,500 2,500 2,500 2,500 334,136 668,272 668,272 668,272 668,272 668,272 668,272 0 0 0 0 0 0 0 166,636 333,272 333,272 333,272 333,272 333,272 333,272 0 0 0 0 0 0 0 0 0 0 0 0 0 0 WORKING DOCUMENT 44 OF 45 p� W m mm v> m o o e o 0 0 0 0 0 0 0 0 0 o ................ 0 o d o 0 0 0 o p o 0 0 o V t7 0 o m ri o 0 0 0 0 0 0 0 O O O 00 N m ..... ...... 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"v M N VGA vs ,C v c•c i c �.o u ,. • 0-0 •� N c o ava�� W 0 --vv`"�o Q j N C a �N 2 U �ooE �o°'oaN� c0 N y�aQ-v`o v� v C N U v) -'= N c a•3wQ N O O acC�, C n:v=i v� N � c � � v M DoN N 0) C -p O U� C N E C j v v O a. a E c u a� •�E� CL ° o ® a� o- W >, 0 rn N a v v� o c. v O 5 O '� O O o = c 5 3 0 D � -a v a c N N v UN QI Q CV 10 i COUNCIL/RDA MEETING DATE: December 6, 2005 ITEM TITLE: Approval of a Funding Request from the American Cancer Society Relay for Life RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: l� CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a funding request from the American Cancer Society Relay for Life for facility use fees for the Civic Center Campus on January 28, 2006. FISCAL IMPLICATIONS: The Special Projects Contingency Fund, Account number 101-3001-451 .80-01, has an uncommitted balance of $6,854; therefore, adequate funds are available for this request. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The American Cancer Society is holding its signature charity event, the East Coachella Valley Relay for Life, at the Empire Polo Grounds on March 4-5, 2006. Relay for Life representatives have requested use of the Civic Center Campus on January 28, 2006, from 10:00 a.m. to 2:00 p.m., to hold a kick-off event. They have requested use of the Campus at no charge. According to the City's Facility Use Policy, non-profit organizations are not exempt from facility use fees. The fees to use the Civic Center Campus are $75.00 per hour plus a $100 refundable deposit, which would total $400 for this request. Should the Council choose to approve this request, adequate funds are available in the Community Services Special Projects Contingency Fund. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve a funding request from the American Cancer Society Relay for Life for facility use fees for the Civic Center Campus on January 28, 2006; or 2. Do not approve a funding request from the American Cancer Society Relay for Life for facility use fees for the Civic Center Campus on January 28, 2006; or 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager 2 Department Report: ) - A CAJ Tit( "ArA G� OF ti� 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. Christine Murphy, representing the Foundation for the Retarded of the Desert, thanked the City for its prior support of the Foundation and introduced Nichole Roeder, who spoke about the need to support the disabled emotionally as well as through organizations such as the Foundation. 2. Ray Oden, 51240 Avenida Herrera, spoke about the Neighborhood Watch program and asked the Council to spearhead a program throughout the Cove and/or the City. • The Council thanked Mr. Oden for hosting the program and informing the Council of their efforts. 3. Tracy Rutledge, 50960 Calle Obispo, spoke regarding allowing Club Baseball teams to use the City's ball fields free of charge. The cities he contacted in the Valley do not charge for club teams. CV Parks and Rec does not charge for its fields either. Rec teams should have first priority during season, in his opinion, but • Council directed more dialogue between staff and Mr. Rutledge in attempt to obtain resolution of the matter. 4. Ian Rhodes, 43905 Milan Court, and Scott Arthur asked about the status of the School District grading project for the school property located adjacent to the Bella Vista tract. • Mayor Adolph stated we are waiting for the grading information from the School District, but we have not yet received everything regarding the retaining wall. We will contact the homeowners as soon as we have that information. 5. Ira Boiko, 44-750 Seeley Drive, requested an update on Vista Grande and asked about the status of a traffic signal at Seeley Drive. • City Manager Genovese advised no change has taken place since the last update; not aware of any engineering changes to Seeley Drive, and probably wouldn't be notified if there were no major changes to the environmental documents. 6. Lori Fahnestock, 80-065 Vista Grande, showed photos of the graffiti on the wall on Vista Grande and the damage done to cars parked on Vista Grande. • Mayor Adolph stated we have had no information from Indio. City Manager Genovese referenced that the City has a graffiti hotline to report tagging. 7. George Collins, 78172 San Timoteo Street, spoke regarding the temporary modular buildings at the La Quinta Country Club and requested the City expedite the approvals for their use prior to the holiday season. . 1 t 2 DEPARTMENT REPORT: 1 --B 46uw v= z 5 OF IK�� TO FROM DATE The Honorable Mayor and Members of the City Council Thomas P. Genovese, City Manager December 6, 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. DEPARTMENT REPORT: 3-A c J- CITY COUNCIUS zf�{ UPCOMING EVENTS OF DECEMBER 6 DECEMBER 8 DECEMBER LOTH DECEMBER 20 JANUARY 3 JANUARY 17 FEBRUARY 7 FEBRUARY 21 CITY COUNCIL MEETING HOLIDAY OPEN HOUSE EMPLOYEE RECOGNITION DINNER CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING December 2005 La Quinta City Council Monthly Calendar November 05 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 January 06 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 4 5 6 8 9 7 2:00 PM City Council 10:00 AM ALRC Meeting 11:30 AM - 3:00 PM Holiday Open House 12:00 PM Energyl Environ.-Sniff 13 15 16 7:30 AM CVEP-Adolph i 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 3 10 Employees Recognition Dinner 17 18 19 1 20 2 22 23 24 9:00 AM CVA-Henderson 9:00 AM LAFCO- 2:00 PM City Council Henderson Meeting 0 Christmas Eve 1 st Day of Winter 25 26 27 28 29 30 31 7:00 PM Planning Commission 12:00 PM HumanlComm Osborne 12:00 PM Sunline-Adolph Christmas Day Christmas Holiday 4:00 PM DRRA Airp- Osborne New Years Eve Observed (City Hall Closed) Printed by Calendar Creator Plus on 12/1/2UU5 New Years Day 8 15 January 2006 La Quinta City Council Monthly Calendar 2 3 4 (� 2:00 PM City Council 10:00 AM ALRC Meeting Ir( New Years Holiday Observed (City Hall Closed) I I 9 10 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 10:00 AM Pub. Sfty Abate. -Perkins Henderson 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 16 17 18 9:00 AM CVA Henderson 2:00 PM City Council Meeting Martin Luther King's Birthday (CITY HALL CLOSED) 5 !6 12:00 PM Mayors Lunch 2 13 )0 PM Energy/ iviron.-Sniff 7 9:00 AM - 4.00 PM SJSR Ntl. Mnmt-Henderson 14 19 20 21 3:00 PM Historic Preser- i vation Commission I 122 23 24 25 26 27 10:30 AM RCTC Budget 17:00 PM Planning 12:00 PM Human/Comm- 9:00 AM LAFCO- Henderson Commission Osborne Henderson 12:00 PM Sunline-Adolph 14:00 PM DRRA Airp- Osborne 29 30 - 131 6:00 PM Exec Cmte.- December 05 Adolph S M T W T F S 1 2 3 ' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 February 06 S M T W T F S 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Printed by Calendar Creator Plus on 12/1/2005 February 2006 La Quinta City Council Monthly Calendar Printed by Calendar Creator Plus on 12/1/2005 09 U La Quinta Middle School Award Recipients At the City Council Meeting — December 6, 2005 First Name Last Name Bridgette Cochran Ileana Escamilla Briana Estrada Gilberto Garcia Cameo Johnson Vivian Nguyen Lexus Oswald Martin Pena Gustavo Ramos Kristin Raymond Taylor Robey Katie Smith Marisol Valencia Alejandra Villanueva Amanda Watson �M OF I�4O COUNCIL/RDA MEETING DATE: December 6, 2005 ITEM TITLE: Continued Public Hearing to Consider an Appeal of the Planning Commission Approval of Site Development Permit 2005-838, Conditions No. 35 and 40(a). Appellant: Washington 1 1 1, Ltd. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council to uphold the Planning Commission's action approving conditions and findings for Site Development Permit 2005-838. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Project Proposal On September 27, 2005, the Planning Commission granted approval of Site Development Permit 2005-838 (Attachment 1), to construct the Sub -Major 5 and Shops 4 retail portions of the Washington Park Specific Plan (SP 89-01 1 ), consisting of a total of 27,225 square feet of retail space. This phase of the commercial development is located at the center of the project site immediately east of Washington Street and southeast of Simon Drive (Attachment 2). The September 27, 2005 Planning Commission minutes are included as Attachment 3. Existing phases of Washington Park include Target, Circuit City, and Trader Joe's. Appeal Request The applicant has presented an appeal specific to Condition Nos. 35 and 40(a) (Attachment 4). Condition No. 35 requires a driveway access connecting the subject retail development to La Quinta Center Drive, which is consistent with the location identified and approved in the Specific Plan. Condition No.40 (a) prohibits the use of wheel stops (Attachment 5). The applicant based their appeal on the grounds that the driveway access requirement is not in accord with the phasing in the approved Specific Plan (SP 89-01 1), that the applicant has a vested right to rely on the Specific Plan, and that the City can not prohibit the use of a safety device. Appeal Considerations The following points are offered for the City Council's consideration on Condition No. 35: Phasing The approved Specific Plan for the subject property identifies the entire project to be constructed in two phases (SP 89-01 1 Amendment No.4, p.23 — Attachment 6). Actual phase development of the project has been at the discretion of the developer by means of multiple site development permits over a period of years. As a result, infrastructure improvements cited in the Specific Plan have been incorporated into each proposed SDP application. The driveway access, recommended by the Planning Commission, connecting the subject phase to La Quinta Center Drive will reduce traffic congestion around the Washington Street side of the project, and will provide an alternative to Avenue 47, Washington Street, and La Quinta Center Drive, and the adjacent phases under construction, by providing the eastern ingress and egress as identified within the approved Specific Plan (Attachment 7). It should be noted that the approved Specific Plan does not address the extent of driveway access improvements, and site access has historically been addressed via the site development permit process. Traffic The Planning Commission was concerned that the left -turn movement at the corner of Simon Drive and Washington Street will be congested during peak hours. Hybrid -niche businesses such as Trader Joe's and fast -service establishments such as Pick -Up Stix and Just Java are considered high -volume, short -trip traffic generators and are an example of businesses proposed to operate in this portion of the subject property. This intersection will have a very short left turn signal time, due to timing issues with the signal at the corner of Highway 1 1 1 and Washington Street. At this point of development, an alternate route to the east will provide an important connection to La Quinta Center Drive, which in turn will allow connection to Avenue 47. Providing alternative south -bound ingress -egress options would effectively reduce dependence on the Washington Street and Simon Drive intersection. r Vested Rights Specific Plans do not constitute vested rights in phasing that preclude the City from requiring necessary infrastructure improvements as part of the site development permit process. The southern driveway access to La Qunta Center Drive, identified and approved in the Specific Plan, has been deemed necessary as a part of this phase of development. Developers acquire vested rights only if they enter into a development agreement with the City or by obtaining all necessary permits and approvals and commencing construction. The Specific Plan phasing provision is vague and not intended to grant sole discretion to the developer in determining the need for on- and off -site improvements. The following points are offered for the City Council's consideration on Condition No. 40(a): Wheel Stops The Parking Chapter of the La Quinta Municipal Code, Section 9.150.080B (Attachment 8), provides parking space dimensions for regular and compact spaces. The regular space dimension requires a minimum 17-foot long parking space to curb with 2 feet of overhang. The compact space dimension requires a minimum length of 16 feet to curb with a 1.5 foot overhang. Based upon the wording of the LQMC, staff has concluded that the intent of this provision is to encourage vertical curbing with a vehicle overhang as opposed to installation of concrete wheel stops. City policy has been to discourage the use of wheel stops as they have been deemed unnecessary when vertical curbing is in place and are also a trip hazard. Exceptions have been granted when walkway widths would be less than 4 feet without the use of wheel stops and no other feasible options were available to meet ADA compliance. The Planning Commission in their review of the project concurred with staff and determined that wheel stops were not necessary within the project area and approved the conditions of approval prohibiting wheel stops. Public Notice This case was advertised in the Desert Sun newspaper on November 5, 2005. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. As of this writing, no comments have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Uphold the Planning Commission decision of September 27, 2005 and deny the applicant's appeal; or 2. Accept the applicant's appeal request and direct staff to prepare a Resolution overturning the Planning Commission and granting the appellant's request; or 3. Provide staff with alternative direction. Respectfully submitted, Dougla t6Evans, Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . SDP 05-838 Site Plan 2. SP 89-01 1 Site Plan (large format, Council only) 3. September 27, 2005 Planning Commission Minutes (excerpt) 4. Appeal Letter from Applicant dated October 12, 2005 5. Planning Commission's Conditions of Approval (excerpt) 6. SP 89-01 1 Amendment No. 4, p.23 7. Staff Report for SDP 2005-838 8. La Quinta Municipal Code Section 9.150.080(B) RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION DECISION APPROVING THE DEVELOPMENT PLANS FOR A 27,225 SQUARE FOOT RETAIL COMMERCIAL BUILDING FEATURING ONE SUB -MAJOR UNIT AND MULTIPLE MINOR UNITS WITHIN THE WASHINGTON PARK COMMERCIAL CENTER CASE NO.: SITE DEVELOPMENT PERMIT 2005-838 APPLICANT: WASHINGTON 1 1 1, LTD WHEREAS, the City Council of the City of La Quinta, California, did on the 61" day of December 2005, hold a duly noticed Public Hearing, continued from the 1 5th day of November, 2005 to consider an appeal by WASHINGTON 1 1 1, LTD regarding Conditions No. 35 and 40(a) of Planning Commission Resolution 2005-040 for the construction of a portion of a retail shopping center in the Washington Park commercial center located on the east side of Washington Street, south of Highway 1 1 1; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27T" day of September 2005, hold a duly noticed Public Hearing to consider the request of WASHINGTON 1 1 1 , LTD to approve the construction of a portion of a retail shopping center in the Washington Park commercial center located on the east side of Washington Street, south of Highway 1 1 1, more particularly described as: Parcel Map #32683-3 WHEREAS, said Site Development Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68). The City Council certified Environmental Assessment 2002-072 for Specific Plan 89-01 1 Amendment No. 4, Washington Park Commercial Center. No changed circumstances or conditions exist which would trigger the preparation of a subsequent Environmental Impact Report or environmental review pursuant to Public Resources Code Section 21 1 66; and, WHEREAS, the Architecture and Landscaping Review Committee, did on the 7th day of September, 2005, at a regular meeting, recommended approval of the development plans, subject to conditions; and, 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 find the following facts and reasons to justify upholding the approval of the Planning Commission action on said Site Development Permit: P:\Reports - CC\2005\12-06-05\Washington Appeal\SDP Reso.doc City Council Resolution No. 2005-_ Site Development Permit 2005-838 Washington 1 1 1, LTD Adopted: December 6, 2005 1 . The commercial units in this proposed phase of the project are consistent with the General Plan in that they are designated for regional commercial uses. 2. The commercial project has been designed to be consistent with the applicable provisions of the City's Zoning Code, or amended as allowed in compliance with Specific Plan 89-01 1 Amendment No.4. 3. The architectural design of the commercial project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with the surrounding development, previously approved and constructed phases, and with the quality of design prevalent in the City. The commercial center is suitably designed and conforms to the established theme of the project. 4. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment, exterior lighting, and other site design elements are compatible with previously approved and constructed phases, surrounding development, and with the quality of design prevalent in the City. 5. Project landscaping, including but not limited to the arrangement, variety, size, color, texture, and coverage of plant materials, with conditions, has been designed so as to provide relief, complement buildings, visually emphasize prominent design elements, screen undesirable views, provide a harmonious transition between adjacent land uses, and provide an overall unifying influence to enhance the visual continuity of the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby uphold the decision of the Planning Commission approving Site Development Permit 2005-838 for the reasons set forth in this Resolution, subject to the Conditions, attached hereto; P:\Reports - CC\2005\12-06-05\Washington Appeal\SDP Reso.doc City Council Resolution No. 2005- Site Development Permit 2005-838 Washington 1 1 1, LTD Adopted: December 6, 2005 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 6" day of December 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\Reports - CC\2005\12-06-05\Washington Appeal\SDP Reso.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 WASHINGTON PARK 111, LTD. — SUBMAJOR 5 & SHOPS 4 ADOPTED: NOVEMBER 15, 2005 nFNFRAI 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. This Site Development Permit shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-qui'nta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District, Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. P:\Reports - CC\2005\12-06-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: NOVEMBER 15, 2005 If previous permits are not in effect for Specific Plan 87-01 1, Amendment No. 4, Parcel Map No. 30903 or Parcel Map No. 32683, a project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. Iffm P:\Reports - CC\2005\12-06-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: NOVEMBER 15, 2005 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication all public street right-of-ways in conformance with the City's General Plan, Municipal Code, Specific Plan 87- 01 1 , Amendment No. 4, Parcel Map No. 30903 or Parcel Map No. 32683, and as required by the City Engineer. A. No additional right of way dedication is required for public streets for this Site Development Permit. 8. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 9. The applicant shall enter into a written encroachment/and or access agreements across and through abutting parcels and submit such documentation to with the City of La Quinta prior to occupancy. P:\Reports - CC\2005\1 2-06-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: NOVEMBER 15, 2005 10. The applicant shall be a member of a Commercial Business Owners Association (or City approved equal) formed by all Parcel Owners of Parcel Map No. 32683 for the perpetual maintenance of the common parking areas. 1 1. Prior to issuance of a building permit, applicant shall provide written evidence of a Reciprocal Parking Agreement. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 12. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 13. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Commercial Precise Grading Plan 1 " = 30' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal Note. A thru C to be submitted concurrently. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. The applicant shall prepare an accessibility assessment on annotated print of the building floor plan identifying every building egress and notes the 2001 P:\Reports - CC\2005\12-06-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: NOVEMBER 15, 2005 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. "Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements, retaining and perimeter walls, etc. ADA accessibility to public streets, adjacent buildings and existing and proposed handicap parking shall be shown on the Precise Grading Plans at a scale to be determined by the Public Works Department. Precise Grading Plans shall also require approval by the Community Development and Building and Safety Departments. 14. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public Works Department home page and look for the Online Engineering Library hyperlink. 15. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 16. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. P:\Reports - CC\2005\12-06-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: NOVEMBER 15, 2005 GRADING 17. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 18. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 19. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.1 6, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on applicable improvement plans that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 20. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 21. Building pad elevations on the rough grading plan submitted for City Engineer's e , 4 P:\Reports - CC\2005\12-06-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: NOVEMBER 15, 2005 approval shall conform with pad elevations shown on the Site Development Permit Plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 22. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common parking lot frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 23. Prior to any site grading or re -grading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 24. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. nRAwAniz 25. Stormwater handling shall conform to the approved hydrology and drainage report for Parcel Map No. 32683 and be modified for this Site Development Permit. Therefore, the applicant shall submit a modified Hydrology Report to the City of La Quinta Department of Public Works as required by the Memorandum of Understanding entered into on May 3, 2005 between Washington 1 1 1 , LTD and the City of La Quinta to the Public Works Department for approval as part of the plan check process for this Site Development Permit. Also, pursuant to IT I P:\Reports - CM2005\12-06-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. — SUBMAJOR 5 & SHOPS 4 ADOPTED: NOVEMBER 15, 2005 the aforementioned requirement, the applicant is required to construct drainage improvements on Washington Street as required by the Memorandum of Understanding concurrent with this Site Development Permit. The tributary drainage area shall extend to the centerline of adjacent public streets and in particular to stormwater handling for Washington Street. 26. The applicant shall provide proposed retention basins to comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets and include any resulting uncaptured tributary stormwater flows. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. The Memorandum of Understanding of May 3, 2003 shall supersede any conflicting provisions found in Engineering Bulletin No. 97.03. 27. Nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. The sand filter and leach field shall be designed to contain first flush storm water and nuisance water surges from landscape area, commercial activity and off -site street nuisance water. The sand filter design shall be per La Quinta Standard 370 with the equivalent of 137.2 gph of water feed per sand filter to accept the abovementioned nuisance water requirements. Leach line requirements are 1 .108 feet of leach line per gph of flow. The Memorandum of Understanding of May 3, 2003 allows drywell installation in retention basin No. 4 for nuisance water disposal. 28. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 29. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 30. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into r. a .... l.r P:\Reports - CC\2005\ 1 2-06-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: NOVEMBER 15, 2005 the historic drainage relief route. 31. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. The Memorandum of Understanding of May 3, 2003 shall supersede any conflicting provisions in regards to historical pass -through on adjacent sites. UTILITIES 32. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 33. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 34. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. TRAFFIC IMPROVEMENTS 35. Ancillary access points and turning movements of traffic are limited to the following: A. Washington Street 1) Primary South Entry - Right turn movements in and out and left turn movements in are permitted. Left turn movements out are prohibited. 2) Secondary North Entry - Right turn movements in and out are permitted. Left turn movements in and out are prohibited. B. Simon Drive P:\Reports - CC\2005\12-06-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: NOVEMBER 15, 2005 1) Westerly Entry — Full turn movements are permitted. 2) Easterly Entry — Right turn movements in and out are permitted. Left turn movements in and out are prohibited. The applicant shall extend the driving aisle from the southeastern portion of the Site Development Permit to provide access to La Quinta Center Drive and Avenue 47, as cited for a latter phase in the specific plan, ahead of schedule. This temporary road, paved with 3" AC on native base, shall be completed prior to any certificate of occupancy approval. Final conditions concerning the improvements of this driving aisle will be addressed when building plans are reviewed. 36. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot Areas (except high traffic areas) 3.0"a.c / 4.5" c.a.b. Parking Lot Areas (High traffic Areas) 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 37. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 38. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 39. The applicant shall construct a temporary 65' radius truck turnaround paved with 3" AC on native, to be located at the end of the driving aisle serving the Shops 4 side loading area. r' 1 P:\Reports - CC\2005\12-06-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: NOVEMBER 15, 2005 PARKING LOTS and ACCESS POINTS 40. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). In particular, the following are conditioned with this approval. A. 4-foot clearance for ADA accessibility across all sidewalk areas shall be provided excluding 2-foot overhang for parked vehicle. Wheel stops are not permitted. B. Parking spaces at the end of parking aisles against curb or wall shall be widened by two additional feet. C. Accessibility routes to other buildings and public streets shall be shown on the precise grading plan. D. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. E. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. F. If flush curbs are proposed for the proposed buildings, truncated domes shall be installed where required. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. SITE LAYOUT 41. Based on Drainage requirements, the applicant shall provide a Final Building Layout reconfigured or modified based on the aforementioned requirements or other requirements conditioned in this Site Development Permit to the Community Development and Public Works Department for approval. CONSTRUCTION r P:\Reports - CC\2005\12-06-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: NOVEMBER 15, 2005 42. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. LANDSCAPING 43. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 44. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 45. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 46. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 47. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. 48. Landscaped areas adjacent to parking spaces that have not been widened as per condition 40(B) shall include an 1 8" inch concrete strip to prevent damage from passengers exiting vehicles. 49. Additional landscaping shall be planted along the entire rim of the retention basin, including the rear of the structure and the side loading area. QUALITY ASSURANCE 50. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. , P:\Reports - CC\2005\12-06-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: NOVEMBER 15, 2005 51. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 52. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 53. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 54. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 55. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 56. The applicant shall comply with the provisions of Section 1 3.24.1 80 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 57. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). WASTE MANAGEMENT P:\Reports - CC\2005\12-06-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: NOVEMBER 15, 2005 58. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with Waste Management. The trash enclosures shall be revised to Waste Management specifications with consideration to the proposed side loading area. COMMUNITY DEVELOPMENT 59. Details concerning the rear loading area designed for Shops 3 shall be included in the building plans to ensure conformance with the proposed Sub -major 5 loading area. 60. The proposed Sub -major 5 structural overhang at the retention basin shall be eliminated and modified to a stem wall in order to prevent stormwater retention below the proposed building. 61. Items cited on the building plans shall include a citation that they are consistent with materials used in the previously approved phases of the Washington Park Center. 62. Shade trellises shall be designed with double the number of cross -beams spaced no less than one and a half feet apart in order to provide additional shade cover. 63. All roof top mechanical equipment shall be fully screened from view, as per Section 9.100.050 of the Zoning Ordinance. 64. Pedestrian benches shall be provided at landscape -shaded intervals along the front portions of the project and underneath the trellis around the center water feature. 65. The water feature shall be approved by the Community Development Department concurrently with the landscape plan review. 66. Tubular -steel "ribbon -type" or other securable, foundation -inset bicycle parking racks shall be provided, large enough to accommodate five bicycles. Bicycle racks shall be placed in shaded locations, out of the way of pedestrian flows and shopping cart storage and shall be provided with a mechanism which permits locking a bicycle onto the rack. 67. Color and design enhancements including, but not limited to, the addition of pilasters, shall be made to the rear of the structure to the specifications and A t C2 P:\Reports - CC\2005\12-06-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: NOVEMBER 15, 2005 approval of staff. FIRE DEPARTMENT 68. Approved super fire hydrants, shall be spaced every 330 feet and shall be located not less than 25 feet nor more than 165 feet from any portion of the buildings as measured along outside travel ways. 69. Blue dot reflectors shall be placed in the street eight inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 70. The water mains shall be capable of providing a potential fire flow of 2500 gpm for a 2-hour duration at 20-psi residual operating pressure. 71. City of La Quinta ordinance requires all commercial buildings 5,000 sq. ft. or larger to be fully sprinkled. NFPA 13 Standard. Sprinkler plans will need to be submitted to the Fire Department. 72. Fire Department connections (FDC) shall be not less than 25 feet nor more than 50 feet from a fire hydrant and shall be located on the front side of the buildings. FDC's and PIV's may not be located at the rear of buildings. Note also that FDC's must be at least 25 feet from the building and may not be blocked by landscaping, parking stalls or anything that may restrict immediate access. 73. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City plan check. 74. Water plans for the fire protection system (fire hydrants, fdc, etc.) shall be submitted to the Fire Department for approval prior to issuance of a building permit. 75. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 76. Fire Department street access shall come to within 150 feet of all portions of the 1 ". floor of all buildings, by path of exterior travel. Turning radiuses shall be P:\Reports - CC\2005\12-06-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: NOVEMBER 15, 2005 no less than 38 feet outside. 77. Any commercial operations that produce grease -laden vapors will require a Hood/duct system for fire protection. (Restaurants, drive-thru's, etc.) 78. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 79. Install a KNOX key box on each commercial building and/or suite. (Contact the fire department for an application) 80. Install portable fire extinguishers as required by the California Fire Code. 81. Any submissions to the fire department are the responsibility of the applicant. SHERIFF DEPARTMENT 82. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff's Department regarding Vehicle Code requirements, defensible space, and other law enforcement and public safety concerns. All questions regarding the Sheriff's Department should be directed to the Deputy at (760) 863-8950. P:\Reports - CC\2005\12-06-05\Washington Appeal\COA.doc ATTACHMENT 1 u lit -46-- 9- -9 0 U 0 0 - - - - - - - - - - - sl� �tE Ink 4 0 0 C, ATTACHMENT #3 • Planning Commission Minutes September 27, 2005 5. There being no other public comment, hairman Kirk closed the public participation portion of the h ring. 6. Commissioner Quill stated h ould prefer receiving a complete site plan, with color boar showing a better relationship of this building and the existinotuildings. 7. It was moved by ommissioners Daniels/Quill to adopt Planning Commission R olution 2005-040, approving Site Development Use Permit 05-840, as recommended. ROLL CALL: ES: Commissioners Daniels, Ladner, Quill, and Chairman irk. NOES: None. ABSENT: Commissioner Alderson. ABSTAIN: None. Comr)ilissioner Alderson rejoined the Commission. D. Site Development Permit 2005-838; a request of Washington 1 1 1, Ltd. for consideration of development plans for a 27,225 square foot retail • commercial building featuring one sub -major unit and multiple minor units within the Washington Park Commercial Center (Sub -major 5 and Shops 4)) for the property bounded by Highway 1 1 1, Avenue 47, Washington Street, and Adams Street. 1. Commissioner Alderson stated he had a potential conflict of interest due to the location of the project and withdrew from the dais. 2. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Andrew Mogensen presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 3. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if the driveways were right -in, right - out only. Staff stated the southerly driveway would have a left turn in. 4. Commissioner Quill stated he was concerned as the building front appears to be flat. He would also like to see a more detailed color board and renderings submitted with the report. 5. Chairman Kirk asked for clarification regarding the statement in the staff report regarding modifying eliminate the overhang and include 4 0 G:\WPDOCS\PC Minutes\9-27-05.doc Planning Commission Minutes • September 27, 2005 an access ramp for maintenance purposes. Does this mean that if a ramp were installed it would be easier to maintain? Assistant City Engineer Steve Speer explained that if they want to keep the encroachment into the retention basin there is room to reconfigure the basin to the north. Chairman Kirk asked if there was a ramp for maintenance purposes, and if so, what is staff's reaction to the cantilevered portion of the building? Staff stated the retention basin should be accessed regardless. There is also room on the north side of the retention basin. Chairman Kirk asked if there was room for a ramp what about the cantilever condition. Staff stated they should be able to access the retention basin regardless. Community Development Director Doug Evans stated the cantilever is a concern because of nuisance issues. 6. Commissioner Quill stated this retention basin will be fairly hidden and the opportunity to not maintain it could be a problem. He asked if it was fenced, or accessible to the public. Staff stated it is not fenced and therefore will be accessible to the public; it will be maintained by the property owner at the expense of the • merchants. Commissioner Quill asked if there was any additional sub -drainage for nuisance drainage. Staff stated yes and explained their function. 7. Chairman Kirk asked if an underground retention system was considered. Staff stated yes and met with the applicant regarding them. The cost is expensive and they need to be maintainable. 8. Commissioner Daniels stated he is concerned this will be a problem. Could the building be turned to put the retention basin in the front of the building as a design feature. The retention basin will become a nuisance and maintenance problem. Community Development Director Doug Evans stated they reviewed the building under the Specific Plan guidelines and there is no question, a backdoor retention basin will have problems. He does, however expect visibility because the Center has an access on the east side. 9. Commissioner Daniels asked if there were any incentives that could be offered to the developer to redesign this portion of the Center. Community Development Director Doug Evans stated he is unaware whether or not there could be any incentives offered. Any change would require a renegotiation of the Specific Plan. G:\WPDOCS\PC Minutes\9-27-05.doc • Planning Commission Minutes September 27, 2005 10. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Jack Tarr, Bill Sanchez, and Michael Kerredy, representing Washington 1 1 1, Ltd. gave a presentation on the project. Mr. Kerredy noted the elevation deviations and the awnings that extend out six feet as well as variations in height. The rear is very blank as it is the loading area and will not be seen from the public. 1 1 . Chairman Kirk noted there was not a lot of vertical plant material on the north elevation. Mr. Kerredy stated that was because it was too close to the street and limited in what could be done. 12. Commissioner Quill asked if they intended to cantilever the building. Mr. Tarr stated they had considered it, but the stem wall works fine for them. 13. Chairman Kirk asked about the concerns that had been raised about the retention basin. Mr. Tarr stated it is a cost benefit ratio. The City does not have clear criteria as to what is required. Based upon their meeting with staff, the City prefers the more expensive alternative for underground. They are analyzing their options. They have no objection to amending the Specific Plan to address some of these issues. He noted the maintenance of the retention basin will be included in the rental contracts as common area costs. 14. Commissioner Quill asked where the tenants will deposit their trash. Mr. Bill Sanchez noted the location of the trash enclosures on the site map. Mr. Tarr stated the maintenance will be included in the CC&R's for the Center for maintenance. He would like to request the memo submitted by staff dated September 27, 2005, with the revised changes be adopted. They only condition they are in disagreement with is Condition #36, regarding driveway access and circulation. They believe they have all the accesses that are needed and request Condition #36 be deleted. 15. Commissioner Daniels asked if this portion of the Center could be redesigned to move the retention basin. Mr. Tarr they do not believe there is a viable design that gives them the efficiency they need. Discussion followed regarding benefits to the present design. 16. Commissioner Quill stated with this design the tenants delivery trucks will be dropping off at the front door. He cannot see how a G:\WPDOCS\PC Minutes\9-27-O5.doc Planning Commission Minutes September 27, 2005 semi -truck can get in and out of the loading dock as designed. Mr. Tarr stated these tenants use the smaller trucks. He noted the circulation on the site plan and discussion followed. Mr. Tarr noted the access would be constructed on the future phase, east of the parcel map for this project. 17. Commissioner Daniels asked if along the east side of the building there is a driveway that connects to the driveway behind Lowes. Mr. Tarr stated yes. 18. Commissioner Quill noted that is not where the trash enclosure is or where the shop loading would be located. Mr. Sanchez clarified the loading areas for the sub -major and the shops on the site map. 19. Chairman Kirk noted the Specific Plan has been approved and typically when a Site Development Permit is brought back, the focus will be on the architecture and landscaping and yet on this application major issues are being addressed that should have been resolved when the Specific Plan was being considered. How much discretion does the Commission have addressing issues that conceptually were approved in the Specific Plan. Community Development Director Doug Evans stated that circulation and circulation phasing can be discussed at each phase of the development. With regards to the specific plan flexibility, this City has reviewed Site Development Permits for conformity to a specific plan and staff does believe this site plan does conform as far as location of buildings and primary access points with the exception of the one concern. We do have issues with the access and retention basin but a Memorandum of Understanding was entered into to resolve several of these issues. Assistant City Attorney Michael Houston added that while the City takes the position that specific plans do confer entitlement, a discretionary body does have the ability to add additional discretionary conditions at a subsequent approval process; especially when the site has not been built. If additional traffic impacts need to be studied, it would be appropriate to have that study done and not take action. With respect to the retention basin, he would defer to the Public Works Department to the particulars. It may be appropriate to amend the Memorandum of Understanding (MOU) that exists between the City and the developer should the • Commission desire so. 20. Chairman Kirk asked why and when the MOU entered into. Assistant City Engineer Steve Speer stated in May, 2004 because �. G:\WPDOCS\PC Minutes\9-27-05.doc • Planning Commission Minutes September 27, 2005 the City and the developer could not come to terms in regard to how much water they have to take onto their site. The Specific Plan has proposed the location of the basin at this location. Chairman Kirk asked if the MOU precludes the Commission from making suggestions in regard to the retention basin or the design of the retention basin requiring the undergrounding of the retention basin. Staff stated the City did not require it to be under - grounded. This was the option the developer determined. Staff worked on how much water had to be retained more than where it should be retained. 21. Commissioner Daniels asked if the developer had submitted an "L" shaped design, would the City have found that compatible with the earlier approval. Community Development Director Doug Evans stated the Commission could have made the findings that it did not change the intent of the approval. If the Commission wants to pursue the retention basin further, staff would recommend continuing the application to allow further time for review in relation to the MOU. a 22. Chairman Kirk stated this is a good looking commercial project, and it would be a benefit to get it approved as soon as possible. Mr. Tarr stated the retention basin was designed as part of the overall hydrology for the entire Specific Plan site. It was not designed as a part of just this particular building. 23. Commissioner Ladner asked if staff was comfortable with the retention basin and overall circulation plan. Assistant City Engineer Steve Speer stated they have no issue with the retention basin. In regard to the circulation, staff does think proving another connection to the north -south street that connects to Avenue 47 would be useful. Additionally, in regard to traffic onto Washington Street, the big concern about the signal is to keep the traffic flow moving on Washington Street. Stacking will cause people to look for an alternate route and this is why staff is looking for those alternate routes. The temporary road behind Lowes would be a solution. 24. Chairman Kirk closed the public comment portion of the hearing and opened it to Commission discussion. 4 2) 6 25. Commissioner Quill stated he understands the site has been G:\WPDOCS\PC Minutes\9-27-05.doc Planning Commission Minutes September 27, 2005 engineered to meet the water demand, but it seems it could have been designed to be more aesthetically pleasing if hydrology was not the driving force for design. He does believe loading and unloading will take place in the front of the building instead of the rear and the rear access is not going to be easy. He has concerns that when the signal is installed and does not work in sequence with the signal at Highway 1 1 1, it will be a nightmare. He agrees the temporary street would be to the benefit of everyone. He questions why there are no parkway landscaping plans in this submittal. Community Development Director Doug Evans stated that if it is not already approved, they will have to be submitted for approval. 26. Chairman Kirk reopened the public comment. Mr. Tarr stated the streetscape has already been approved under prior approvals. 27. Chairman Kirk closed the public comment portion again. 28. Commissioner Daniels agreed the three signals at Highway 1 1 1 , Simon Drive and Point Happy will all need to be in sequence. The applicant has made a good argument for the retention basin being where it is, but he still believes it was not good planning and should have been caught before. 29. Commissioner Ladner stated that in regard to the retention basin she has a problem with liability and believes that the rear location is better. It is a high -end development that will be maintained by the tenants. As to the access road she believes it is necessary to have access to Avenue 47. • 30. Chairman Kirk stated the design of the building is excellent, however he would prefer to have the fine architecture closer to Washington Street and therefore agrees with the retention basin in the rear. He does object to the sea of asphalt next to Washington Street. He would like to see the developer and City come to some agreement that is a cost benefit and provide the underground retention. This could resolve a lot of the issues raised for the rear of the building. He would also like to see the temporary access behind Lowes constructed and would support keeping Condition #36. In addition, he would support accelerating development of • the access across the site. In terms of loading access, he would like to see a diagram to ensure that the circulation works. Therefore, he would like to continue the application to review t ., s some of these issues. At that time show the articulation of the G:\WPDOCS\PC Minutes\9-27-05.doc • Planning Commission Minutes September 27, 2005 elevations as well as the design on the rear of the building with increased landscaping. 31. Commissioner Daniels stated he would be more comfortable if the retention basin were underground. 32. Commissioner Quill stated he does not believe undergrounding the retention basin would solve the issues. He would suggested some of the issues could possibly be resolved at this time and not continue the application. 33. Chairman Kirk reopened the public hearing. Mr. Tarr pointed out the location of the proposed retention basin for Phase 3. The undergrounding at this location will not work and would be a million dollars in costs. In regard to the roadway, they can design cul-de-sacs for temporary turnarounds for the loading behind the shops. In regard to the elevations, they do have a lot of vertical as well as horizontal articulation. The rear of the shops could have some articulation, but they are the rear of the buildings. Mr. . Kerredy stated there are some areas where they could break up the parapet and introduce some alternative materials to break up the rear. 34. Chairman Kirk asked if the suggestion for the temporary access would be acceptable to staff as well as the applicant to not hold up the project. 35. Commissioner Quill suggested Condition #36 be revised to read, "...the temporary road access would be installed prior, to a Certificate of Occupancy being issued." 36. It was moved by Commissioners Daniels/Alderson to adopt Planning Commission Resolution 2005-040, approving Site Development Use Permit 2005-840, as recommended and amended: a. Condition added: A temporary road shall be constructed and maintained across the southeast portion of the site prior to a certificate of occupancy. • b. Condition added: A turn around for loading and unloading and trash collection shall be added to the east side of the building. 42 C. Condition added: Additional articulation shall be added to G:\WPDOCS\PC Minutes\9-27-05.doc Planning Commission Minutes September 27, 2005 the rear of the building. ROLL CALL: AYES: Commissioners Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioners Alderson. ABSTAIN: Commissioner Daniels. Commissioner Alderson rejoined the Commission. E. Site Development Permit 2005-837; a request of ND La Quinta Partners, LLC for consideration of architectural and landscaping plans for a Guard House complex for the property located on the south side of Avenue 52, idway between Madison Street and Monroe Avenue within the Madison ub. F Chairman Kirk opened the public hearing and asked for the staff Principal Planner Stan Sawa presented the information �epo't' ntained in the staff report, a copy of which was on file in the Co munity Development Department. 2. Chairm n Kirk asked if there were any questions of staff. Commiss' ner Alderson asked for an explanation of the buildings at the entr ce. Staff explained the layout. 3. Chairman Kirk asked if the applicant would like to address the Commission. M J\requir hGmlin, representing the applicant, gave a presentation of ct. He asked that Condition #43 be deleted as they y had negotiated the best solution with both the City oLa Quinta in regard to the entrance. Community Devirector Doug Evans suggested it not be eliminated, but to review the documents Mr. Gamlin referenced, and a Specific Plan Amendment. 4. It was moved by Commis 'oners Daniels/Alderson to adopt Planning Commission Resol ion 2005-042, approving Site Development Use Permit 2005- 37, as recommended. ROLL CALL: AYES: Commissioners Alder n, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. Environmental Assessment 2005-543 and Tent request of Coral Mountain Tails, LLC for consider of approximately 317.61 acres into 219 resider street lots, and open space lots for the pro, ive Tract Map 33444; a tion of the subdivision Zr I lots, amenity lots, Zper located west of • '* t- G:\WPDOCS\PC Minutes\9-27-05.doc ATTACHMENT #4 GRESHAM SAVAGE NOLAN & TILDEN A PROFESSIONAL CORPORATION LAwnFus • FOUNDED 1910 FOR THE FIRM: 550 EAST HOSPrrAL1TY LANE, SurrE 300 Mark A. Ostoich SAN BERNARDINO, CALIFORNIA 924084205 e-mail: MarkOstoichftreshamsavaRe.com (909) 884-2171 • FACSIMILE (909) 888-2120 www.greshamsavage.com October 12, 2005 City of La Quinta Community Development Department 78495 Calle Tampico La Quinta, California 92253 Re: Application for Appeal of Findings and/or Conditions Applicant/Appellant: Washington 111, Ltd. Site Development Permit 2005-838 — Construction of Three Commercial Buildings La Quinta Planning Commission Hearing of September 27, 2005 Dear Sirs/Madams: This firm has been retained by Washington 111, Ltd. (the "Appellant') regarding their appeal of conditions of approval for Site DevelopmentPermit 2005-838 regarding the proposed construction of three commercial buildings within the Washington Park Commercial Center project ("Project'), and any findings .supporting those conditions of approval. Appellant is. appealing only .the following conditions of approval adopted by the La Quinta Planning Commission (the "Commission') at the hearing on September 27, 2005, and any findings supporting those conditions of approval: 1. Appellant appeals and objects to Condition 36, requiring Appellant to advance the scheduled extension of the planned, internal drive aisle running from the southern portion of the Site and providing access to La Quinta Center Drive and Avenue 47 ("Southeasterly Drive ) Aisle' . 2. Appellant appeals and objects to Condition 40(a) prohibiting wheel stops. Appellant appeals and objects to those conditions of approval and any findings supporting them based on a variety of grounds, including the following: A. The Commission cannot impose the condition. that Appellant provide the specified access ahead of schedule. The Commission and the City are concerned about circulation and access, and apparently found that the extension of the planned drive aisle running from the southern portion of the Site Development Permit to La Quinta Center Drive and thereby providing access to La Quinta RIVERSIDE OFFICE • 3750 UNIVERSITY AVENUE, SUITE 250, RIVERSIDE, CA 92501-3335 • (951) 684-2371 • FAcsiMILE (951) 684-2150 \V742.000 - 50522-1 (76 VICTORVILLE OFFICE • 13911 PARK AVENUE, SUITE 208, VICTORVILLE, CA 92392 • (760) 243-2889 - FACSIMILE-0) 243-0467 GRESHAM SAVAGE NOLAN & TILDEN, A PROFESSIONAL CORPORATION Mark A. Ostoich October 12, 2005 Page 2 Center Drive and Avenue 47, would alleviate the concern. Circulation and access are basic project infrastructure issues, which were resolved in Specific Plan Amendment No. 4 and the environmental document prepared in connection with the Amendment. Consistent with those approvals, the City subsequently approved a phased parcel map, which allowed the project to be built in multiple phases. The Southeasterly Drive Aisle was always planned for installation during a later project phase, and the City has not provided any evidence showing a change in conditions. As long as the sequencing of the ingress and egress improvements is consistent with the Specific Plan, Appellant objects to the Planning Commission's attempt to advance the timing of the scheduled improvements. B. The Commission cannot prohibit the use of wheel stops. Applicant owes a duty of care to third persons who enter onto Applicant's property. (California Civil Code § 1714 (a)) As stated in Davert v. Larson, 163 Cal.App.3.d 407, 410, 209 Cal.Rptr. 445 (1985), "Generally, the duty owed by a landowner is nondelegable." Since Applicant will be responsible for safety of those on the property, the Commission cannot prohibit the use of wheel stops as a safety device. Wheel stops promote safety in several ways. Without a wheel stop, the front of a motor vehicle may overhang the sidewalk by several feet. If a pedestrian is on the sidewalk, a vehicle may actually strike the pedestrian in the absence of a wheel stop. Furthermore, the Americans with Disabilities Act (codified in Title 42 of the United States Code) requires a minimum sidewalk width to accommodate people with wheelchairs or other mobility -related needs. A vehicle overhanging the sidewalk might reduce the available sidewalk area to below this minimum and hamper access by someone with disabilities. Wheel stops have been approved for all prior Site Development Permits on this project, including the Specific Plan. Conditioning approval of this Site Development Permit on the absence of wheel stops will create an aesthetic break across the Washington Park project and exacerbate the problem of vehicle overhang as drivers rely on the nonexistent wheel stops. In addition, City staff s apparent preference for bollards over wheel stops never arose at the above -referenced Planning Commission hearing. Neither the discussion at the Planning Commission hearing nor the conditions of approval themselves requires any safety improvements such as bollards. The Applicant's preferred safety measure is wheel stops, rather than bollards. For all of the above reasons, the Applicant's preferred safety measure is reasonable and should be given preference over City staff s preferred safety measure. C. Appellant has a vested right to rely on the Specific Plan. Appellant has a "vested right" to rely on the Specific Plan and the approvals and permits obtained thus far on this project. Appellant has already performed a substantial amount of work W742.000 - 505211 GRESHAM SAVAGE NOLAN & TILDEN, .. - A PROFESSIONAL CORPORATION Mark A. Ostoich • • October 12, 2005 Page 3 in reliance thereon and has diligently proceeded with the Washington Park Project. Since Appellant has proceeded mi good faith reliance upon the approvals already obtained from the City, the Commission should not now accelerate conditions or add preventive conditions which do not have a nexus to the proposed buildings. As stated in Avco Community Developers, Inc. v. South Coast Regional Commission, 17 Cal.3d 785, 791 (1976), "It has long been the rule in this state and in other jurisdictions that if a property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon a permit issued by the government, he acquires a vested right to complete construction in accordance with the terms of the permit." Since the City of La Quinta has previously approved the Specific Plan Amendment No. 4, as well as the remaining provisions of the Specific Plan and the permits for the work done thus far on the Washington Park Project, the Commission should not now make approval of this particular Site Development Permit conditional upon improvements approved for a later stage or abandonment of wheel stops as safety features. Fairness dictates%,that Appellant be allowed to complete development of this project in accordance with the approvals that it has already obtained. MAO/pmj Cores\Appeal Letter -Site Development Permit 2005-838 Very truly yours, Mark A. Ostoich, of GRESHAM SAVAGE NOLAN & TILDEN, A Professional Corporation W742.000 - 50522.1 ATTACHMENT 5 • PLANNING COMMISSION RESOLUTION 2005-041 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-838 WASHINGTON PARK 111, LTD. — SUBMAJOR 5 & SHOPS 4 ADOPTED: SEPTEMBER 27, 2005 TRAFFIC IMPROVEMENTS _ 35. Ancillary access points and turning movements of traffic are limited to the following: A. Washington Street 1) Primary South Entry - Right turn movements in and out and left turn movements in are permitted. Left turn movements out are prohibited. 2) Secondary North Entry - Right turn movements in and out are permitted. Left turn movements in and out are prohibited. B. Simon Drive • 1) Westerly Entry - Full turn movements are permitted. 2) Easterly Entry - Right turn movements in and out are permitted. Left turn movements in and out are prohibited. The applicant shall extend the driving aisle from the southeastern portion of the Site Development Permit to provide access to La Quinta Center Drive and Avenue 47, as cited for a latter phase in the specific plan, ahead of schedule. This temporary road, paved with 3" AC on native base, shall be completed prior to any certificate of occupancy approval. Final conditions concerning the improvements of this driving aisle will be addressed when building plans are reviewed. 36. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot Areas (except high traffic areas) 3.0"a.c / 4.5" c.a.b. Parking Lot Areas (High traffic Areas) 5.5" a.c./6.5" c.a.b. • or the approved equivalents of alternate materials. P-\Reoorts - PC\2005\09-27-05\SDP 05-838 Washington Park\PC COA SDP 2005-838 FINAL.doc PLANNING COMMISSION RESOLUTION 2005-041 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-838 WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: SEPTEMBER 27, 2005 37. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 38. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 39. The applicant shall construct a temporary 65' radius truck turnaround paved with 3" AC on native, to be located at the end of the driving aisle serving the • Shops 4 side loading area. PARKING LOTS and ACCESS POINTS 40. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). In particular, the following are conditioned with this approval. ®� A. 4-foot clearance for ADA accessibility across all sidewalk areas shall be provided excluding 2-foot overhang for parked vehicle. Wheel stops are not permitted. B. Parking spaces at the end of parking aisles against curb or wall shall be widened by two additional feet. C. Accessibility routes to other buildings and public streets shall be shown on the precise grading plan. D. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. E. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. . F. If flush curbs are proposed for the proposed buildings, truncated domes shall be installed where required. PAReports - PC\2005\09-27-05\SDP 05-838 Washington Park\PC COA SDP 2005-838 FINAL.doc • PLANNING COMMISSION RESOLUTION 2005-041 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-838 WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: SEPTEMBER 27, 2005 Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. SITE LAYOUT 41. Based on Drainage requirements, the applicant shall provide a Final Building Layout reconfigured or modified based on the aforementioned requirements or other requirements conditioned in this Site Development Permit to the Community Development and Public Works Department for approval. CONSTRUCTION • 42. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. 0 LANDSCAPING 43. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 44. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 45. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. J P:\Reports - PC\2005\09-27-05\SDP 05-838 Washington Park\PC COA SDP 2005-838 FINAL.doc ATTACHMENT 6 SPECIFIC PLAN V. DEVELOPMENT REGULATIONS The development regulations contained herein provide specific standards relative to permitted land uses in addition to site design and construction regulations to be applied within the Spe tyand welfare and to crete a Plan Area. They are intended to protect the public health, safe harmonious relationship with surrounding land. In general, this p,ec fic plan is consistent acific with the CC Zone of the City of La Quinta Zoning Code unless a different standard is identified below. Should a development standard contained in this Specific Plan conflict with an equivalent standard contained in the City of La Quinta Zoning Code, the provisions of the Specific Plan shall take precedence. In instances where the Specific Plan does not address a particular regulation, the applicable portion of the City of La Quinta Zoning Code shall govern. The Community Development Director shall have the authority to approve minor adjustments during Development Permit Review, so long as he determined such adjustments are consistent with the Specific Plan Land Use Plan. VI. PHASING AND IMPLEMENTATION Required ROW improvements, site preparation, and utilities work will begin as soon as the required approvals are available. The entire development will be constructed in two phases with construction beginning as soon as the required approvals are available. Two general contractors • have been selected. The development will be sequenced to maximize efficiency and to accommodate current tenant requirements as quickly as is reasonable. Lease negotiations and project marketing to attain 100% occupancy are subject to market conditions and are ongoing. VII. DESIGN GUIDELINES A. Overview The Design Guidelines for the Specific Plan have been developed as a method of achieving a high quality, cohesive design character for the development of Washington Park They provide specific design criteria for the development of the project, as well as encouraging creativity, imagination and a high level of harmony and consistency within the surrounding community. Adherence to the Design Guidelines will create a desirable asset to the community and enhance the project's overall value. These guidelines will govern the design quality of the project for application in the following ways: • To provide the City o fLa Quinta with the necessary assurance that the Specific Plan area will develop in accordance with the quality and character proposed; • To provide guidance to developers, builders, engineers, architects, landscape ;architects and other professionals in order to maintain the desired design quality; • To provide guidance to City staff, the Planning Commission and the City Council in the review of construction plans for the Specific Plan area. Washington 111, LTD ATTACHMENT #7 • STAFF REPORT PLANNING COMMISSION DATE: SEPTEMBER 27, 2005 CASE NO.: SITE DEVELOPMENT PERMIT 2005-838 REQUEST: CONSIDERATION OF DEVELOPMENT PLANS FOR A 27,225 SQUARE FOOT RETAIL COMMERCIAL BUILDING FEATURING ONE SUB -MAJOR UNIT AND MULTIPLE MINOR UNITS WITHIN THE WASHINGTON PARK COMMERCIAL CENTER (SUB -MAJOR 5 & SHOPS 4) LOCATION: BOUNDED BY HIGHWAY 111, AVENUE 47, WASHINGTON STREET AND ADAMS STREET APPLICANT: WASHINGTON 1 1 1, LTD PROPERTY OWNER: WASHINGTON 1 1 1, LTD ENVIRONMENTAL • REVIEW: THE CITY COUNCIL CERTIFIED ENVIRONMENTAL ASSESSMENT 2002-072 FOR SPECIFIC PLAN 89-011, AMENDMENT NO.4 WASHINGTON PARK SPECIFIC PLAN. NO CHANGED CIRCUMSTANCES OR CONDITIONS AND NO NEW INFORMATION IS PROPOSED WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL ASSESSMENT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166. ZONING: REGIONAL COMMERCIAL (RC) GENERAL PLAN DESIGNATION: REGIONAL COMMERCIAL (RC) SURROUNDING ZONING/LAND USE: NORTH: REGIONAL COMMERCIAL (RC) SOUTH: REGIONAL COMMERCIAL (RC) EAST: REGIONAL COMMERCIAL (RC) WEST: LOW DENSITY RESIDENTIAL (LDR) • BACKGROUND AND OVERVIEW: • Site Development Permit The request is for approval of a Site Development Permit to construct a portion of a retail shopping center in the Washington Park commercial center, consisting of a total 27,225 square feet. Though the specific plan initially identified the project to be constructed in two phases (SP 89-011 Am. No.4, p.23), submittal of the project have been by means of multiple site development permits. This submittal is designated as Sub -Major 5 and Shops 4. Site Plan This phase of the site is located at the center of the project site along Washington Street and southeast of Simon Drive. Parking will be located along the front of the proposed units towards Washington Street and, to a lesser extent, at the south side of the development. A landscaped retention basin is proposed immediately to the rear of the units, requiring the Shops 4 segment of units to utilize the southeast side for loading access. A water feature is proposed at the center pedestrian court, which will serve as the focus for this phase. The previously approved Shops 3 portion of the site, currently under plan check, will be attached to the north side of the Sub -Major 5 unit. Parking and Access • Primary vehicular access to this proposed phase of Washington Park will be from two un-signaled driveways accessing Washington Street. Driveways along Simon Drive will provide secondary access. As currently proposed, access to Avenue 47 will not be available until future phases are complE!ted. . The overall parking standard for Washington Park is 5 spaces per 1,000 SF of floor area (SP 89-01 1 Amd#4, p.10), which would require 135 parking spaces for this phase. Site plans identify approximately 175 parking spaces either adjacent to, or immediately fronting this phase of the project (Attachment 1). Public Works Concerns Concerns have been raised with regards to circulation and access associated with all previously approved phases combined with the phase under consideration. The traffic study conducted for the Specific Plan did not consider phasing of development or specific uses such as Trader Joe's that are known for generating a relatively large number of trips. Currently, ingress and egress for these phases of development is focused upon the Washington Street driveways and Simon Drive, preventing opportunity for left turn movement on to Washington Street. A future signal is currently under construction for the Simon Drive and Washington • Street intersection. Once constructed, left turn movement on to Washington will be • permitted. However, a short left turn signal cycle will exist due to the need to coordinate timing with the Washington and Highway 1 1 1 signal. The introduction of this signal will result in a significant increase in trips at this intersection primarily due to the demand for left turn movement on to Washington. Future phases of development will provide an additional alternate access route by connecting with La Quinta Center Drive, which in turn connects with 47t' Street and Highway 111. 471h Street provides another option for left turn movement on to Washington as it is an existing signalized intersection. In order to address the circulation and access concerns, two options have been proposed. The preferred method would be to provide a south access connection to La Qunta Center Drive, as previously identified and approved in the specific plan. This would be constructed prior to occupancy of this phase of development. This route would allow the opportunity for vehicles to access Avenue 47 via La Quinta Center Drive. The alternative would be to conduct an updated traffic study to specifically address the Washington Street and Simon Drive intersection and the trip impact of the previously approved phases combined with the phase under construction. Study recommendations for improvements, if any, would be installed or constructed prior to occupancy for this phase of development. • Retention Basin The applicants have proposed a portion of the aforementioned retention basin to extend underneath the southeast corner of the Sub -Major 5 structure. Staff recommends this cantilevered condition be revised to a stem wall, in order to prevent the accumulation of debris or other activity. Although the purpose of this is to provide additional storm water retention, Public Works has indicated that the retention basin could be modified to eliminate the overhang and include an access ramp necessary for maintenance purposes. Architecture and Landscape Design The proposed architectural design is a continuation of the Washington Park style, characterized as "Desert Deco ... an interpretation of contemporary, modern, and art deco architecture." Identical to existing phases, Sub -Major 5 and Shops 4 will have a seamless architectural transition from the previously approved Shops 3 phase currently under plan review. The building utilizes a staggered roof line at 18 to 22 feet in height, an anodized aluminum store front, glass doors, awnings, wood trellises with steel support, and color band wainscoting. Exterior walls will consist of stonework and stucco with warm muted colors in the same manner as previous phases, such as the existing • Target, Stein Mart, and Circuit City retail stores. The proposed landscape plan is consistent with and conforms to the Specific Plan • guidelines, including the palette of plant materials. Landscaping is proposed at regular intervals along the front, side, and rear of the structure. The rear retention basin will utilize decomposed granite and a soil stabilizer. Trees and shrubs are proposed along portions of the basin rim. The preliminary landscape plan consists of Guadalupe Palms and Mexican Fan palm trees and shade trees including Sweet Acacia, Chilean Mesquite, and Hybrid Palo Verdes. The ground cover and shrub plant material are low water consumption and are native to the area. ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE (ALRC) REVIEW: The ALRC reviewed this request at the September 7, 2005 meeting (Attachment 3). The Committee adopted Minute Motion 2005-838 recommending approval with the following conditions: 1. Landscaped areas adjacent to parking spaces shall include an 18" inch concrete strip to prevent damage from passengers exiting vehicles. Such provisions could include a wider curb or step for passengers and should not reduce the overall landscaped area or conflict with the proposed landscaping and sidewalk pattern. 2. The trash enclosures should be revised to Waste Management specifications with consideration to the proposed side loading area. • 3. Details concerning the loading area designed for Shops 3 should be submitted, as Sub -major 5 utilizes the Shops 3 loading area. Parking and driving aisle details concerning the adjacent future phases located to the south would help clarify ingress and egress at the proposed side loading area for this phase. 4. The proposed Sub -major 5 structural overhang at the retention basin should be eliminated and modified to a stem wall. 5. Additional landscaping should be planted along the entire rim of the retention basin, including the rear of the structure and the side loading area. 6. Provisions for a maintenance ramp have been requested by Public Works. Ramp access should have a 3:1 slope. 7. Items cited on the materials board should include a citation that they will be consistent with materials used in previous approved phases of Washington Park. 8. Although the plans identify variations between awnings and trellises, additional canopy shade for pedestrian areas should be considered. COMMENTS FROM OTHER DEPARTMENTS AND AGENCIES: • The project was sent out for comment to City Departments and affected public agencies on August 16, 2005, requesting comments returned by September 2, 2005. All applicable comments are incorporated in the Conditions of Approval. PUBLIC NOTICE: This project was advertised in the Desert Sun newspaper and posted on September 17, 2005. All property owners within 500 feet of the site were mailed a copy of the public hearing notice. ANALYSIS AND ISSUES: The findings necessary to approve the Site Development Permit can be made provided the recommended Conditions of Approval are imposed per Section 9.210.010 of the Zoning Code as noted in the attached Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2005-, approving Site Development Permit 2005-838 to allow construction of three commercial buildings (Sub -Major 5 & Shops • 4), subject to conditions. ATTACHMENTS 1 . Plans and Elevations 2. Minutes for the September 7, 2005 Architecture and Landscape Review Committee Prepared by: Andrew J. Mogensen, Associate Planner • 9.150.080 Parking facility design standards. Page 1 ATTACHMENT #8 9.150.080 Parking facility design standards A. Parking Layout and Circulation. 1. Except for single-family detached, single-family attached, duplex and townhome residential uses, no parking facility shall be designed so that vehicles are required to back into a public street to exit the facility. 2. No parking space shall be located within three feet of any property line. 3. Tandem parking shall be permitted only in mobilehome parks/subdivisions, as driveway guest parking for single-family detached, single- family attached and duplex residential uses, and where valet parking is provided. 4. With the exception of single-family detached, single-family attached and duplex residential uses, all parking bays shall be bordered by continuous curbs to serve as drainage channels and as wheel stops. Individual wheel stops shall not be permitted in lieu of such curbs. 5. All driveways shall be designed for positive drainage. If an inverted crown is proposed for a driveway, the center portion shall be a ribbon gutter of portland cement concrete rather than asphaltic concrete. 6. Parking lot layouts shall provide a clear hierarchy of major access drives (connecting the parking area to the public street), fire lanes, loading areas, minor drives, parking bay maneuvering areas, etc. Parking shall not be arranged to require backing out into major access drives. 7. In order to avoid dead-end aisles, parking bays with ten spaces or more shall connect with other parking bays or drive aisles or shall provide a turnaround area at the end of the bay. 8. Parking accessways are those driveways that provide ingress or egress from a street to the parking aisles, and those driveways providing interior circulation between parking aisles. No parking is permitted on an accessway. Such accessways shall conform to the following standards: a. All parking facilities taking access from a major, primary or secondary arterial highway shall have a parking accessway between the arterial and the parking aisles. b. Parking accessways from arterial highways shall not have parking spaces taking direct access therefrom and shall not be intersected by a parking aisle or another parking accessway for a minimum distance of thirty feet for projects with zero to two hundred parking spaces, fifty feet for ojects with two hundred one to three hundred fifty spaces, seventy feet for projects with three hundred fifty-one to four hundred fifty spaces, and nety feet for projects with four hundred fifty-one spaces or more. All distances shall be measured from the curb face of the ultimate curbline of the adjacent street. c. Parking accessways from nonarterial streets and highways shall be not less than twenty feet in length from the ultimate curbline of the adjacent street. d. One-way accessways shall have a minimum width of fifteen feet, unless the accessway is afire lane, which requires a minimum of twenty feet. e. Two-way accessways shall have a minimum width of twenty-eight feet. 9. Entry/exit driveways shall be placed where they result in the least interference with the flow of traffic on the public street to which they connect. 10. Joint entry driveways are encouraged and shall be arranged to allow parking lot maneuvering from one establishment to another without requiring exit to the street. Adjacent properties shall maintain agreements which permit reciprocal driveway connections across property lines. B. Parking Facility Design and Dimensions. 1. Regular Space Dimensions. All parking spaces up to the minimum required shall be designated for regular vehicle parking. Regular vehicle spaces shall have the following minimum dimensions: width, nine feet; length, seventeen feet to curb plus two feet overhang; where curbs are not provided, a minimum length of nineteen feet is required. 2. Compact Space Dimensions. Compact spaces are permitted only if such spaces are in excess of the minimum parking requirement for the use. Compact vehicle spaces shall have the following minimum dimensions: width, eight and one-half feet; length, sixteen feet to curb plus one and one-half feet overhang; where curbs are not provided, a minimum length of seventeen and one-half feet is required. Compact vehicle spaces shall be clearly marked and distributed throughout the parking facility. 3. End Spaces. Parking spaces at the end of a parking aisle against a curb or wall shall be widened by two additional feet and/or shall have a backing -out pocket provided. 4. Parallel Spaces. Spaces provided for parallel parking shall be a minimum of nine feet wide and twenty-four feet in length to permit room for maneuvering. If a wall or curb in excess of eight inches in height is adjacent to the parallel parking space, the space shall be ten feet in width. All IVd spaces confined by a curb shall be thirty feet long. 5. Support Posts. No support posts or other obstructions shall be placed within one and one-half feet of any parking stall, except that such obstructions are allowed adjacent to the stall within the first six feet of the front of the stall, including any overhang area (see illustration). !� , Gam.. httn /;w-ww.acode.us/codes/laouinta/view.DhD?toDic=9-9 150-9 150 080 9.150.080 Parking facility design standards. Page 2 Figure 9.10., Limitndow on 0bscrnctJ0r4 4J&MI to P=kiug StaUs 6. Parking Aisles. Table 9-13 following contains minimum dimensions for parking aisles: Table 9-13 Minimum Parking Aisle Dimensions Parking Angle (degrees) One -Way Aisle Width (feet) Two -Way Aisle Width (feet) 0-44 (00 = parallel) 14 26 45-54 16 26 55-64 18 26 65-79 22 26 80-90 26 26 C] 7. Space Marking. All parking spaces in a residential or nonresidential parking lot shall be clearly marked with white or yellow paint or other easily distinguished material with each space marking consisting of a double four inch wide hairpin stripe, twelve inches on -center. 8. Entry/Exit Driveways Entry and exit driveways for commercial and multifamily parking lots shall be a minimum of twenty-eight feet wide plus any median width (medians shall be a minimum of three feet wide). Additional turning lanes, if required, shall be a minimum of twelve feet in width. One-way entry or exit drives shall be a minimum of sixteen feet in width. Maximum driveway width shall be forty-eight feet plus median • width properly radiused. Internal driveways shall conform to the minimum widths, depending on the angle of parking in Table 9-13 of this section. 9. Curve Radii. Entry driveways shall have a minimum curb radius of five feet. Internal curb radii shall be a minimum of three feet. Driveway curve radius shall be a minimum of sixteen feet inside and twenty-nine feet outside if confined by a curb or other construction. 10. Sight Distance. No parking space shall encroach on the obstruction -free zone provided for sight distance at access points to major drives or streets. The obstruction -free zone shall be a six -foot -wide linear strip adjacent to the curbline of the street or major drive and shall extend in both directions from the access point in accordance with Riverside County road department standard drawing No. 806. 11. Residential Garages. Minimum interior dimensions in residential garages and carports shall be ten feet in width per car by twenty feet in depth. (For example, a two -car garage shall be minimum twenty feet wide by twenty feet deep.) C. Fire Lanes. 1. Fire lanes meeting fire department standards shall be provided to allow access to all structures (both front and rear) for fire, law enforcement, and emergency medical purposes. 2. Fire lanes shall be kept separate from loading or service areas and the overall parking layout shall be configured so as to minimize possible obstruction of the fire lane. 3. Fire lanes shall be adequately marked and patrolled to prevent parking and other obstructions. D. Pedestrian Circulation. 1. The purpose of a parking lot is to provide for the transition from vehicular to pedestrian movement. All parking lot arrangements shall be designed to provide for the maximum safety and convenience of pedestrians in their movement to and from the parking area. 2. Where possible, landscaped areas shall also contain paved pedestrian walks for the safe movement of pedestrians. 3. On major driveways, crosswalks shall be provided to mark cross -vehicular pedestrian movement. 4. Textured surfaces, signs and speed bumps shall be used to keep vehicular speeds low. E. Loading and Other Service Facilities. 1. Off -Street Loading Requirements. a. Whenever the city determines that the normal operation of any use or development requires that goods, merchandise or equipment to be routinely delivered to or shipped from that location, sufficient off-street loading and unloading area must be provided in accordance with this subsection to accommodate such activities in a safe and efficient manner. For purposes of this chapter, the term "loading" means both loading and unloading. r 3 l http://www.gcode.us/codes/laquinta/view.php?topic=9-9_ 150-9_ 150_080 9.150.080 Parking facility design standards. Page 3 b. Table 9-14 following shows the number and size of loading berths expected to satisfy the standards set forth in this subsection. However, the planning commission may require more or less loading area if it determines such change to be necessary to satisfy the purpose set forth in 6 section El a of this section: Table 9-14 Number of Loading Berths Required by Floor Area Gross Floor Area (sq. ft.) Minimum Loading Berths Required 1,000-19,999 1 20,000-79,000 2 80,000-127,999 3 128,000-191,999 4 192,000-255,999 5 265,000-319,999 6 320,000-391,999 7 Each additional 72,000 square feet or fraction thereof 1 additional berth c. Each loading berth shall be not less than forty-five feet in length and twelve feet in width exclusive of aisle or maneuvering space, and shall have an overhead clearance of not less than fourteen feet. d. Loading berths may occupy all or any part of any required yard space except front and exterior side yards and shall not be located closer than fifty feet from any lot in any residential zone unless enclosed on all sides (except the entrance) by a wall not less than eight feet in height. In addition, the planning commission may require screening walls or enclosures for any loading berth if it determines that such screening is necessary to mitigate the visual impacts of the facility. e. Loading berths shall be so located and designed that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way, complete the loading and unloading operations without obstructing or interfering with any fire lane, public right-of-way or any rking space or parking lot aisle. 40a f. Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting to a street or alley. Entrance from and exits to streets and alleys shall be designed to minimize traffic congestion. g. Sufficient room for turning and maneuvering delivery vehicles shall be provided on the site so that vehicles are not required to back up in order to leave the site. h. The loading berth, aisles and access drives shall be paved so as to provide a durable, dustless surface and shall be graded and drained so as to dispose of surface water without damage to private or public properties, streets or alleys. i. Bumper rails and bollards shall be provided at locations where needed for safety or to protect property. j. If the loading area is illuminated, lighting shall be deflected away from abutting residential sites so as to minimize glare. k. No repair work or servicing of vehicles shall be conducted in any loading berth. 1. Off-street loading facilities shall be located on the same site as the use served. in. If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this chapter for each use. If more than one use is located on a site and the gross floor area of each use is less than the minimum for which loading berths are required but the aggregate gross floor area is greater than the minimum for which loading berths are required, off-street loading berths shall be provided as if the aggregate gross floor area were used for the use requiring the greatest number of loading berths. n. Loading facilities for a single use shall be considered as providing required loading facilities for any other use on the same site as long as sufficient spaces are provided to meet the requirements of all uses. o. Off-street loading berths shall be provided prior to the time of initial occupancy or prior to completion of major alterations or enlargement of a structure or site. The number of loading berths provided for a major alteration or enlargement of a structure or site shall be in addition to the number existing prior to the alteration or enlargement. p. No area allocated to loading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off- street parking area be used to satisfy the area requirements for loading facilities. q. No loading berth which is provided for the purpose of complying with the provisions of this section shall hereafter be eliminated, reduced, or converted in any manner below the requirements established in this title, unless equivalent facilities are provided elsewhere, conforming to this 40hapter. r. Because of the weight of trash trucks and other delivery vehicles, alleys and loading berths serving such vehicles shall be improved with a minimum structural section of three and one-half to six inches of portland concrete over a suitable base, depending on a recommendation by a registered civil engineer. t http://www.gcode.us/codes/laquinta/view.php?topic=9-9_150-9_ 150_080 9.150.080 Parking facility design standards. Page 4 2. Utilities. All utility connections, utility meters and mechanical equipment shall be accessible from an area adjacent to (but not within the maneuvering area oo the fire lanes. Enough space shall be provided for a service truck to park adjacent to the utility area. Such area shall not conflict with the loading and maneuvering areas required per subsection GI of this section. • 3. Trash Facilities. Trash enclosures shall be provided exclusively for trash collection in accordance with the requirements of Section 9.100.200. F. Parking Lot Surfacing. 1. All parking areas shall be designed and built with positive drainage to an approved drainage conveyance. No ponding shall be permitted. 2. All parking and maneuvering areas shall be paved with paving blocks or asphaltic or portland concrete over the appropriate asphaltic base. The structural section of the pavement and base material shall be commensurate with the anticipated loading and shall be calculated in accordance with the method promulgated by the California Department of Transportation (Caltrans). 3. The minimum thickness for portland concrete surfacing is three and one-half inches and shall be increased as needed to accommodate the expected loading. Expansion joints shall be provided. 4. The minimum structural section for asphaltic concrete pavement shall be compacted to a minimum thickness of three inches on four inches of Class Two base. The base thickness can be varied based on the recommendation of a preliminary soil report. A modified structural section may be used based upon the recommendation of a registered civil engineer if approved by the city. G. Valet Parking. 1. Valet parking shall be reviewed by the planning commission in conjunction with the site development permit or other entitlement for the use or separately as a minor use permit per the procedures of Section 9.210.020. 2. When valet parking is provided, a minimum of twenty-five percent of the required parking area shall be designated and arranged for self - parking to prevent on -street parking and blocking of fire lanes. 3. The drop-off point for valet parking shall be convenient to the front door of the facility, shaded, one way, and of sufficient capacity to accommodate three cars. 4. The route from the drop-off pickup point to the area designated for parking shall be via an on -site private drive and shall not utilize any public street. 5. A safe pedestrian route for valet staff shall be provided which does not cross the path of the valet parking route. 6. All valet parking approvals shall be conditioned to require that sufficient liability insurance for patrons be carried during each year of operation. • H. Shopping Cart Storage. 1. Every use which utilizes shopping carts shall provide a shopping cart collection area or cart racks. 2. Cart racks shall be distributed so that no parking space within the facility is more than 100 feet from the nearest cart rack in order to prevent parking spaces from being lost to the random abandonment of shopping carts. 3. Each cart rack shall include either a steel frame or curbs on the lower side to contain the shopping carts. 4. Nonresidential site development permit approvals shall include a condition requiring parking lots to be cleared of shopping carts no less frequently than once every two hours. More than twenty-five percent of the required parking spaces blocked by shopping carts shall constitute a public nuisance and shall be abated. 5. Site plans and parking facilities shall be arranged in such a way that pedestrians with carts need not cross major internal driveways or alternatively, to provide a crosswalk at crossing points with textured paving preceding the crosswalk to alert drivers. 6. If sidewalks adjacent to stores are used for temporary storage of assembled shopping carts, such sidewalks shall be designed with extra width so that pedestrian flows are not blocked by shopping carts. The planning commission may also require a screening wall or landscape screening in front of such a cart storage area. 1. Underground and Decked Parking. 1. The minimum dimensions for underground, decked or covered parking shall be as required for uncovered surface area parking as specified throughout this section, except additional minimum dimensions may be required for specific circulation conditions or structural impediments created by the parking structure. 2. The clearance heights of overhead obstructions shall be clearly marked. 3. A level or nearly level transition area between the street and ramps up or down, parking shall be provided for a distance which will provide adequate sight distance at the street. 4. Landscaping shall be incorporated into parking structures to blend them into the environment. This shall include perimeter grade planting and rooftop landscaping as deemed appropriate by the planning commission. 5. Parking structures shall be subject to site development permit review in all cases. As part of such review, special care shall be taken to prevent the mass and height of parking structures from intruding into the streetscape. 6. Multiple -level parking structures shall contain light wells (minimum dimensions: twenty by twenty), placed at least every two hundred feet. The base elevation of the light well shall be landscaped. Tall trees (especially palms) shall be used to tie together the various levels of the parking structure. In addition, the planning commission may require that upper levels be set back from the level immediately below in order to minimize the apparent mass of the structure from the street. '. Y http://www.gcode.us/codes/laquinta/view.php?topic=9-9_ 150-9_ 150_080 9.150.080 Parking facility design standards. Page 5 J. Drive -Through Facilities. Drive -through facilities shall conform to the following regulations: 1. No drive -through facility shall be permitted within two hundred feet of any residentially zoned or used property. 2. Safe on- and off -site traffic and pedestrian circulation shall be provided including, but not limited to, traffic circulation which does not Wict with entering or exiting traffic, with parking, or with pedestrian movements. 3. A stacking area shall be provided for each service window or machine which contains a minimum of seven tandem standing spaces inclusive of the vehicle being served. The standing spaces shall not extend into the public right-of-way nor interfere with any internal circulation patterns. 4. The drive -through facility shall be designed to integrate with existing or proposed structures, including roof lines, building materials, signs and landscaping. 5. Vehicles at service windows or machines shall be provided with a shade structure. 6. Amplification equipment, lighting and location of drive -through elements and service windows shall be screened from public rights -of -way and adjacent properties per the provisions of subsection L of this section. 7 Exits from drive -through facilities shall be at least three vehicles in length, shall have adequate exiting sight -distance, and shall connect to either a signalized entry or shall be limited to right turns only. The drive aisle shall be a minimum of twelve feet in width. K. Lighting of Parking and Loading Areas. 1. Illumination of parking and loading areas shall conform to the requirements of this subsection and Section 9.100.150 (Outdoor lighting). 2. Lighting shall be provided for all parking facilities. 3. All off-street parking areas in multifamily residential projects shall be illuminated at night. 4. Commercial establishments shall provide night lighting throughout required parking areas at all hours of customer and employee use. 5. Lighting, where installed for parking area, sales and/or display area, shall be arranged so as to reflect away from adjoining residential areas and shall be designed to minimize impacts on vehicular traffic and residents. 6. Light sources shall not be visible from off the property, shall not direct light skyward, and shall be so arranged by means of filters or shields to avoid reflecting light onto adjoining properties or streets per Section 9.100.150. 7. Light standards should be placed between parking spaces or built into landscaped areas. 8. Light standard heights shall be as per manufacturer's recommended photometrics, but in no case shall the height exceed the maximum permitted building height of the zone in which it is situated or eighteen feet (measured from finish grade at the base of the standard), whichever is ter. Graduated light standard heights within a site with lower heights in peripheral areas may be required by the planning commission to provide IFpatibility with adjoining properties and streets. 9. Average illumination levels at finish grade in parking areas which require lighting shall be between one and two footcandles, with a maximum ratio of average light to minimum light of three to one. Lighting plans shall take into account the placement and growth of landscape materials. L. Screening of Parking Areas. 1. Screening Required. Except for single-family detached, single-family attached and duplex residential, all parking areas shall be screened by means of walls or other materials in accordance with this subsection. 2. Height. Screening shall be a minimum of three feet high adjacent to public streets or nonresidential uses and a minimum of six feet high adjacent to residential uses, except that screening shall not exceed thirty inches high where required for motorist sight distances as specified in Section 9.100.030. This height restriction shall not apply in the VT Tampico urban mix district. 3. Screening Walls. a. Wall Materials. Walls shall consist of concrete, stucco, plaster, stone, brick, tile or similar type of solid material a minimum of six inches thick. Walls shall utilize durable materials, finishes, and colors consistent with project buildings. b. Wall Articulation. To avoid visual monotony, long straight stretches of wall or fence shall be avoided. Walls and fences shall be varied by the use of such design features as offsets (i.e., jogs), pilasters, open panels (e.g., containing wrought iron), periodic variations in materials, texture or colors, and similar measures. Screening walls or fences may also include open portions (tubular steel, wrought iron, etc.) if the city determines that the desired screening of parking areas and noise attenuation is still achieved. c. Wall Planting. Shrubs and/or vines shall be planted on one or both sides of perimeter walls to add visual softening except where determined infeasible or unnecessary by the city. 4. Other Screening Materials. In addition to walls, if approved by the decision -making authority, screening may consist of one or a combination of the following materials: a. Plant Screens and Berms. Plant materials, when used as a screen, shall consist of compact evergreen plants or landscaped berms (earthen mounds). Such planting shall be of a kind or used in such a manner so as to provide screening with a minimum thickness of two feet within eighteen onths after initial installation. Width of landscape strips and other landscaping standards shall be in accordance with subsection M of this section. b. Solid Fences. If permitted in the zoning district, a solid fence shall be constructed of wood or other materials with a minimum nominal thickness of two inches and shall form an opaque screen. C. Open Fences. An open weave or mesh -type fence shall be combined with plant materials to form an opaque screen. f U M. Parking Facility Landscaping. http://www.gcode.us/codes/1 aquinta/vi ew.php?topic=9-9_ 150-9_ 150_080 9.150.080 Parking facility design standards. Page 6 1. Purpose. Landscaping of parking lots is beneficial to the public welfare in that such landscaping minimizes nuisances such as noise and glare, provides needed shade in the desert climate, and enhances the visual environment. Therefore, landscaping shall be incorporated into the design of all off-street parking areas in accordance with this subsection. is2. Preservation of Existing Trees. Where trees already exist, the parking lot shall be designed to preserve as many such trees as feasible (in the opinion of the decision -making authority) in order to make the best use of the existing growth and shade. 3. Screening. Screening of parking areas shall be provided in accordance with subsection L of this section. 4. Perimeter Landscaping. Whenever any parking area, except that provided for single-family dwellings, adjoins a street right-of-way, a perimeter planting strip between the right-of-way and the parking area shall be landscaped and continuously maintained. All planting within ten feet of any entry or exit driveway shall not be permitted to grow higher than thirty inches. Berms or low walls may also be incorporated into the planting strip. The width of the planting strip, measured from the ultimate property line (i.e., after street dedication), shall be in accordance with Table 9-15 following. (See also Nonresidential Development Standards, Chapter 9.90.) • http://www.gcode.us/codes/laquinta/view.php?topic=9-9_ 150-9_ 150_080 Page 7 9.150.080 Parking facility design standards. Table 9-15 Required Perimeter Landscaping Street or Highway Minimum Width of Planting Strip (feet) Highway 111 50 Primary image corridors* 20 10 Other streets and highways The following are primary image corridors as identified in the general plan: Washington Street, Jefferson Street, Fred Waring Drive, Calle Tampico, Eisenhower Drive (from Tampico to Washington Street). 5. Interior Landscaping. a. Within open parking lots (i.e., not including parking structures) containing four or more parking spaces, landscaping equal to at least five percent of the net parking area shall be provided within parking areas. Perimeter planting strips shall not be credited toward this interior landscaping requirement. b. All open areas between curbs or walls and the property line shall be permanently landscaped and continuously maintained. Landscaping shall include native or drought -tolerant shrubs, trees, vines, groundcovers, hedges, flowers, bark, chips, decorating cinders, gravel, and similar material which will improve the appearance of parking areas. (See also Nonresidential Development Standards, Chapter 9.90.) C. Interior landscaping shall be distributed evenly throughout the entire parking area. d. All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb at least six inches higher than the parking or vehicular area to prevent damage to the landscaped area. equired per subsection MS of this section, eight to ten foot tall 6. Parking Lot Shading. As part of the minimum interior landscaping r (minimum fifteen -gallon container size) trees of suitable mature size, spread and climatic conditioning shall be placed throughout the parking area to provide adequate shade for pedestrians and vehicles. Canopy -type trees shall be placed so as to shade a portion of the total parking area within fifteen years in accordance with Table 9-16 following. a. A shade plan shall be submitted with detailed landscaping plans which shows canopies after fifteen years growth to confirm compliance with the above percentage requirements. Professional landscaping judgment shall be used to evaluate the plan as to its fifteen -year growth and coverage and its compliance with the table's percentage shade requirements. Shade coverage shall be determined by the approximate crown diameter of each tree species at fifteen years of age. b. Shade structures, such as trellises, may be credited for up to fifty percent of the required parking lot shading specified in Table 9-16 preceding. C. Tree locations should not interfere with required lighting of public areas or parking areas. 7. Landscaped Planters. All planter beds containing trees shall be at least six feet in width or diameter. All landscape planter beds not containing trees shall be at least three feet in width or diameter. Boulders, gravel, and the like, may be integrated with plant material into a well - conceived plan. Berming or other aesthetic approaches integrated into the overall design are encouraged. U htrn • //www.acode.us/codes/laquinta/view.php?topic=9-9_ 150-9_ 150_080 9.150.080 Parking facility design standards. Page 8 8. Curbs Required. All landscaped areas shall be separated from adjacent parking or vehicular areas by 4 curb or landscape planter at least six inches higher than the parking or vehicular area to prevent damage to the landscaped area. 9. Irrigation. Effective full -coverage irrigation systems shall be installed and maintained in all landscaped areas so that landscaping remains in • a healthy growing condition and in compliance with the approved plan. All dead vegetation shall be removed and replaced with the same size and species plant material. Hose bibs shall be placed at intervals of not less than two hundred feet. Irrigation water shall be contained within property lines. 10. Landscaping of Undeveloped Areas. All undeveloped areas within the interior of any parking area, such as pads for future development, shall be landscaped with appropriate plant material and maintained in good condition. 11. Landscape Plans. Landscape plans shall be submitted in conjunction with grading and other development plans for all parking facilities with four or more spaces, except for single-family detached, single-family attached and duplex residential. Plans shall include all planting, hardscape, irrigation and other items required by this subsection. Plant lists shall be included giving the botanical and common names of the plants to be used and the container size at time of planting. N. Nonconforming Parking. The continuation of uses with parking which does not conform to the provisions of this Chapter 9.150 shall be subject to the provisions of Chapter 9.280 (Nonconformities). (Ord. 414 § 1 (part), 2005; Ord. 361 § 1 (Exh. A) (part), 2001; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) • http://www.gcode.us/codesAaquinta/view.php?topic=9-9_ 150-9_150_080 WASHINGTON III, LTD 80-618 DECLARATION AVE INDIO, CA 92201 December 05, 2005 June S. Greek City Clerk City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Subject: SDP 2005-838 Appeal Hearing Ms. Greek, PA- � ikcN � lo-t , s PM 760-775-7967 PHONE 760-775-8329 FAX Washington 111, LTD is hereby requests that the SDP 2005-838 Appeal Hearing scheduled for Tuesday December 6th be deferred to the December 201h City Council hearing. "Thank you. Sincerely, 13111 Sanchez Owner's Representative C.C. Jack Tarr, Washington 111, LTD Mark A. Ostoich, Grisham Savage Nolan & Tilden COUNCIL/RDA MEETING DATE: December 6, 2005 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Public Hearing to Consider Adoption of Resolutions for: 1) Certification of a Mitigated Negative CONSENT CALENDAR: Declaration for Environmental Assessment 2005-537; STUDY SESSION: and 2) Consideration of Tentative Tract Map 33085, to Subdivide ±4.3 Acres into Seven Residential Lots, PUBLIC HEARING: �-- Located at the Southwest Corner of Madison Street and Beth Circle. Applicant: Core Homes, L.L.C. RECOMMENDATION: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2005-537; and Adopt a Resolution of the City Council approving Tentative Tract Map 33085, to subdivide ± 4.3 acres into seven residential lots, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The property (Attachment 1) is currently being farmed as a grapefruit grove and consists of relatively level terrain with an elevation of approximately 15 feet above mean sea level. There are no Williamson Act contracts on the property. Agricultural lands occur on the north side of the site (grapefruit trees), and to the east, across Madison Street into Indio; however, the north side parcel has an approved tentative map, and has street improvements in place associated with that map. To the south is a 4.5-acre parcel currently in active production as a date ranch. The only development in the immediate vicinity of the site consists of large lot residential home sites associated with the La Quinta Polo Estates area. The site is not located in an area of sensitivity for any of the species of concern mapped in the General Plan, but could conceivably support habitation by burrowing owls. The applicant is requesting approval of a single-family detached home subdivision with seven lots, on approximately 4.3 acres (Attachment 2). The lots are generally one-half acre in size, ranging in area from 20,227 to 21,780 square feet, averaging 21,337 square feet. The subject property and the property to the north (TT 30378), will share common access via Beth Circle, which will serve as a gated entry for both tracts. The street system within the subject tract consists of a street segment extending south from Beth Circle, into an east -west segment that forms two cul-de-sacs. It is proposed as a private street system, with a 40-foot right-of-way. The street profile is based on a wedge curb design, which provides a travel width of 36 feet to allow parking on both street sides. Madison Street will be improved to a 55-foot ROW half - width. A small retention basin is provided at the southeast corner of the site, between Lots 5 and 6. Circulation The General Plan designates Madison Street as an Agrarian Image Corridor, in addition to its classification as a Primary Arterial. Development standards in the Zoning Code require that structure heights be limited to one story/22 feet for any buildings within 150 feet of a General Plan -designated image corridor, and an appropriate condition has been incorporated. In addition, Madison Street is designated to include a multi -purpose trail, which will be constructed along the frontage of this development. Noise An acoustical study was completed for the proposed project, finding that noise levels for lots within 80 feet of Madison Street centerline will exceed the City's Community Noise Equivalent Levels (CNEL) exterior noise standards at buildout. A six-foot block wall would reduce the CNEL noise levels by 6.5 dB(A), bringing the development to 62.2 dB(A) CNEL, consistent with the La Quinta General Plan threshold of 65 dB(A) CNEL for sensitive receptors (i.e. residential use). Building heights on lots located along Madison Street (Lots 5 - 7) will be limited to 22 feet/one story, which will further reduce potential for noise impacts, as well as preserving the Image Corridor designations as previously discussed. No interior noise levels in excess of the CNEL threshold of 45 dB(A) are anticipated. The Planning Commission recommendation is that all lots be limited to 22 feet/one story, to also address privacy concerns of adjacent properties. Burrowing Owl The presence of agricultural rows creates the potential for habitat for the burrowing owl, a Species of Special Concern under State Department of Fish and Game rules, and a protected migratory species under the international Migratory Bird Treaty Act. In accordance with the policies contained in the General Plan, the project proponent is required to complete a pre -construction survey of the parcel prior to construction, in order to assure that impacts to this species will not be significant. This requirement has been included in the recommended project conditions. With the above mitigations, the tentative map is consistent with the 2002 La Quinta General Plan, and other current City policies and programs regulating residential developments. Land Use The adopted City Land Use Plan allows up to two units per acre for this site, under the Very Low Density Residential land use category. The density of this tract is 1 .6 units per acre, within the limits of the designated land use. While the density of the La Quinta Polo Estates is generally 0.5 units per acre, the extremely low density of this existing area indicates that even a development at one unit per acre might face significant challenges in maintaining rural densities such as those established in the Polo Estates, let alone larger parcels such as the 4.5 acre ranch owned by Mr. Smith. Conversion of this property from a citrus orchard into a residential development of approximately one-half acre parcels conforms to the City's land use plan. The proposed project density represents an appropriate transitional land use within the Very Low Density Residential category, in consideration of the varying residential densities in the surrounding area, and how they interface at their boundaries. It also serves a transitional purpose in relation to the separation of Madison Street from lower density properties. Adjacent Tract 30378 Tract 30378 is situated immediately north of the subject property. It was approved on June 18, 2002, and subsequently initiated plan checking which remains incomplete. There are existing street improvements associated with Tract 30378 for which permits were not issued, improvement plans have not been approved, and inspections have not been conducted. As Tentative Tract 33085 takes access directly from these improvements, the applicant has been advised that approvals associated with this tentative tract are dependant upon proper completion of the improvements associated with Tract 30378. Conceptual Landscaping The applicant's landscape architect prepared revised landscape plans (Attachment 3) for the project, prior to the Planning Commission meeting. The revised plans provide for a significant increase in the number of citrus stands over that previously proposed. In addition, trees have been massed along Madison Street, with a meandering multi- use trail and staggered wall design. The interior lot areas will be provided with more tree stands, and turf will be reduced in the front yard areas and excluded from the retention basin site. Beth Circle will include a landscaped parkway, containing citrus trees as previously recommended. Condition 90 addresses these issues, and includes revisions as recommended by the Planning Commission at their November 8 meeting. Environmental Assessment The La Quinta Community Development Department has completed Environmental Assessment 2005-537, for TT 33085. Based on this assessment, the Community Development Director has determined that, while the proposed project could have a significant impact on the environment, the potential for such impacts can be mitigated through measures incorporated into the project approval. Accordingly, a mitigated negative declaration has been prepared. Planning Commission Action On October 25, 2005, the Planning Commission conducted a public hearing on the proposed project applications. The applicable minutes of this meeting are attached (Attachment 4). During review of the project, the Planning Commission discussed the density of the project as it relates to the surrounding land use intensity. Prior to the meeting, staff received a letter from Mr. Robert Smith, owner of the 4.5 acres adjacent and to the south of the subject map (Attachment 5). Mr. Smith was concerned that the proposed lot sizes for this development are out of character with the surrounding area, and that one acre lots would be more appropriate. After discussion of the density of the project, and landscaping related items, the Planning Commission voted 4-0 (Commissioner Ladner absent) to continue the project application to the next regular meeting as scheduled for November 8, 2005. The Planning Commission, at the continued public hearing of November 8, 2005, recommended approval of the Environmental Assessment and Tentative Tract Map, by adoption of respective Resolutions 2005-055 and 2005-056, subject to Conditions of Approval. The applicant did prepare revised landscape plans for the project, based on the recommended conditions of approval and prior concerns of the Planning Commission. The recommendation includes a revision to Condition 90, to require preservation of the existing citrus stands in the parkway along Madison Street within their current locations, without damage to the trees. At the continued public hearing, further testimony was given by the developer and his representatives in regard to the overall project design and concept, as well as responding to questions of the Planning Commission. No on else spoke on this item, and no further correspondence was received in the interim. The minutes of the November 8th Planning Commission meeting are included (Attachment 6). Public Notice This case was originally advertised for City Council Hearing in the Desert Sun newspaper on October 25, 2005. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required. One comment was received from Mr. Robert Smith, as reflected under the previous discussion of the Planning Commission action. Any additional correspondence received prior to the meeting will be transmitted to the City Council. Public Agency Review All written comments received are on file with the Community Development Department. All applicable agency comments received have been made part of the Conditions of Approval for this case. FINDINGS AND ALTERNATIVES Findings necessary to approve the Environmental Assessment and Tentative Tract Map can be made and are contained in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration for Environmental Assessment 2005-537; and Adopt a Resolution of the City Council approving Tentative Tract Map 33085, to subdivide 4.36 acres into seven residential lots, subject to the Findings and Conditions of Approval; or 2. Do not adopt the Resolutions approving the project; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas Evans, Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Location map 2. TTM 33085 reduction 3. Revised project landscape plan 4. October 25, 2005, Planning Commission minutes except 5. Letter from Mr. Robert Smith 6. November 8, 2005, Planning Commission minutes excerpt RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR TENTATIVE TRACT MAP 33085 CASE NO. ENVIRONMENTAL ASSESSMENT 2005-537 APPLICANT: CORE HOMES, LLC WHEREAS, the City Council of the City of La Quinta, California, did hold a duly noticed public hearing, on the 1 5th day of November, 2005 and continued said hearing to the 6th day of December, 2005, to consider a recommendation on Environmental Assessment 2005-537, prepared for Tentative Tract 33085, a request to subdivide ±4.3 acres into seven single-family residential lots and several lettered lots, located on the southwest corner of Madison Street and Beth Circle, more particularly described as: BEING A PORTION OF PARCEL 3 OF PM 16457, MAP BOOK 100/48 OF MAPS WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 25th day of October, 2005 and continued to the 8th day of November, 2005, hold a duly noticed public hearing to consider adoption of a recommendation on said Environmental Assessment 2005-537, and further, did take action to recommend that the City Council certify said Environmental Assessment, by adoption of Planning Commission Resolution 2005-055; and, WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended, City Council Resolution 83-63, in that the Community Development Director has conducted an Initial Study (Environmental Assessment 2005-537) and has determined that, although the proposed Tentative Tract 33085 could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance, and that a Mitigated Negative Declaration of environmental impact should be filed; and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, the La Quinta City Council did make the following findings to justify certification of said Environmental Assessment: City Council Resolution No. 2005- Environmental Assessment 2005-537 Core Homes, LLC December 6, 2005 1 . The proposed Tentative Tract 33085 will not have the potential to degrade the quality of the environment, as the project in question will not be developed in any manner inconsistent with the General Plan and other current City standards when considering the required mitigation measures to be imposed. 2. The project will not have the potential to substantially reduce or cause the habitat or of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. The site has been identified as having the potential for cultural and paleontological resources. However, mitigation measures have been incorporated which will reduce these potential impacts to a less than significant level. In addition, the site may be suitable habitat for the burrowing owl, and a pre -construction survey for the species has been required. 3. There is no evidence before the City that the proposed Tract 33085 will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. A pre -construction survey for the burrowing owl species will be completed to determine if any members of that species exists on the site, with appropriate mitigation to be identified and carried out prior to any construction. 4. The proposed Tentative Tract 33085 will not have the potential to achieve short term goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. The proposed project supports the long term goals of the General Plan by providing a variety of housing opportunities for City residents. 5. The proposed Tentative Tract 33085 will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity, in that development activity in the area has been previously analyzed as part of the project approval process. Cumulative project impacts have been considered and mitigation measures proposed in conjunction with approval of those projects, and development patterns in the area will not be significantly affected by the proposed project. The construction of seven residential units will not have any significant cumulative impact and is consistent with the General Plan. City Council Resolution No. 2005- Environmental Assessment 2005-537 Core Homes, LLC December 6, 2005 6. The proposed Tentative Tract 33085 will not have environmental effects that will adversely affect humans, either directly or indirectly, as the project contemplates land uses that are substantially similar to those already assessed under ultimate development of the La Quinta General Plan. No significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no substantial evidence in light of the entire record that Tentative Tract 33085 may have a significant effect on the environment. 8. The City Council has considered Environmental Assessment 2005-537 and determined that it reflects the independent judgment of the City. 9. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of City records relating to this project is the Community Development Department, located at 78-495 Calle Tampico, La Quinta, California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the City Council in this case; and 2. That is does hereby certify Environmental Assessment 2005-537 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist, Addendum, and Mitigation Monitoring Program, all attached hereto, and on file in the Community Development Department. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 6th day of December, 2005, by the following vote to wit: AYES: NOES: City Council Resolution No. 2005- Environmental Assessment 2005-537 Core Homes, LLC December 6, 2005 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 2 3 4 Environmental Checklist Form Project Title: Lead agency name and address Contact person and phone number: Project location: Tentative Tract Map 33085 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Wallace Nesbit, Associate Planner 760-777-7125 Southwest corner of Madison Street and Beth Circle. APN 772-270-013. 5. Project sponsor's name and address: Applicant: Core Homes, LLC Attn: David Neale 470 S. Market Street San Jose, CA 95113 6. General plan designation: Very Low Density 7. Zoning: Very Low Density Residential Residential (up to 2 du/acre) (up to 2 du/acre), Equestrian Overlay 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 project is a proposed residential development of seven detached single family dwellings which will be built upon 4.36 gross acres, upon which an active grapefruit orchard is now located. The project is located at the southwest corner of Beth Circle and Madison Street. Madison Street is designated as a primary arterial, with a 110 foot ultimate right of way, and is also an agrarian image corridor. Beth Circle is a private road. Beth Circle, rather than Madison Street, is to provide access to the tract, and has street improvements, although these were not installed in accordance with City -approved plans. The improvements were associated with Tentative Tract 30378, which remains unrecorded and which expired on June 18, 2004. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: A grapefruit orchard is located immediately north of the subject property. It is in transition from agriculture to residential. Some street improvements are in place including paving and three foot wide culverts along both sides of Old Orchard Lane. The land use designation for this property is VLDR (Very Low Density Residential of up to two dwellings per acre.) South: An active date farm is located immediately south of the proposed project. It has a land use designation of VLDR (Very Low Density Residential of up to two dwellings per acre.) West: These lands have a land use designation of Very Low Density Residential, and are also transitioning from agricultural to residential usage. f13 East: The property's eastern boundary is Madison Street. Properties east of this section of Madison Street are within the City of Indio, and these properties including the Empire Polo Club, have a land use designation of Country Estates, indicating that very low density residential usage is planned. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District Coachella Valley Unified School District ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Zy,10-2i-oS Signature Date EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) a) b) The explanation of each issue should identify: the significance criteria or threshold, if any, used to evaluate each question; and the mitigation measure identified, if any, to reduce the impact to less than significance Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact 1. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (La Quinta General Plan Exhibit 3.6 "Image Corridors") b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph; Site Inspection) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area'? (Application materials) 1. a) Madison Street is an Agrarian Image Corridor. The City requires maximum building height in an image corridor to be 22 feet within 150 feet of an image corridor road. Because of the layout of the proposed development, the parcels that will be located within the image corridor include Parcel 6 (rear and sides); the retention basin in the southeast corner of the property; and the sides of parcels 5 and 7. The proposed project will be required to include parkway landscaping consistent with the agrarian image corridor, including citrus trees, which should be replanted from within the site. The proposed development is located along an agrarian image corridor, but if treated as discussed above, its adverse impacts upon this image corridor will be less than significant. b) Madison Street is not a state scenic highway, and the damage to scenic resources will be less than significant if the above City standards are implemented. C The implementation of the City's standards for Agrarian Image Corridors will reduce the potential impacts associated with degradation of the character of the area to less than significant levels. d) Light and glare are expected to emanate from the seven proposed dwellings in the development. Likewise light and glare from vehicular traffic and future street lights will occur. 4f Standard design features included in the City's Municipal Code, such as low lighting levels should be used to mitigate potential light impacts to acceptable levels. These standards include features such as shielding and directing all outdoor lighting downward to preserve the night sky. No illumination of land outside the development perimeter and outside of any individual lot perimeters will be permitted. Building practices should minimize the use of glass and other reflective surfaces. Impacts associated with scenic resources are generally expected to be less than significant with the implementation of City standards discussed above. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I1. AGRICULTURE RESOURCES: Would theproject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map; Site Inspection) 1I. a)-c) Maps from the California Department of Conservation's Farmland Mapping and Monitoring Program indicate that the site under consideration is not prime farmland, unique farmland, or farmland of statewide importance. The proposed subdivision will not impact local agricultural resources as numerous nearby farms continue in operation, including other grapefruit orchards, a date farm immediately to the south, and numerous large, active farms within one mile of the site. The La Quinta Comprehensive General Plan shows that the property has been set aside for residential use, rather than for farmland. There are no Williamson Act contracts on the land. Residential development of this property will not cause any significant impacts to agricultural resources. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Ill. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM 10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) I1I. a), b) & c) It is expected that vehicle trips generated by the proposed project will be the most significant generators of air pollutants. The proposed project will result in seven single-family homes, which have the potential to generate up to 67 trips per day'. Based on this traffic generation and an average trip length of 15 miles, the following emissions can be expected to be generated from the project site. "Trip Generation, 6'1' Edition," Institute of Transportation Engineers, category 210, Single Family Detached. Moving Exhaust Emission Projections at Project Build -out (Dounds Der dav) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 67 x 15 = 1,005 PMI0 PMI0 PMI0 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 mph 90 2,341 480 - 10.0 10.0 Pounds at 50 mph 0.20 5.17 1.06 - 0.02 0.02 SCAQMD Threshold (lbs /day) 75 550 100 150 Assumes 1,132 ADT. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75T, light duty autos, catalytic. As demonstrated above, the proposed project will not exceed any of SCAQMD's recommended daily thresholds for chemical emissions. The project's potential impacts to air quality resulting from vehicular emissions are therefore expected to be less than significant. The City of La Quinta and the Coachella Valley are a severe non -attainment area for PM10 (Particulates of 10 microns or less). The Valley's 2002 PM10 Plan adopted much stricter measures for the control of dust both during the construction process and during project operations. These include the following, to be included in conditions of approval for the proposed project: CONTROL MEASURE TITLE & CONTROL METHOD BCM-1 Further Control of Emissions from Construction Activities: Watering, chemical stabilization, wind fencing, revegetation, track -out control BCM-2 Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, revegetation BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, revegetation BCM-4 Paved Road Dust: Minimal track -out, stabilization of unpaved road shoulders, clean streets maintenance The proposed project will generate 115.1 pounds of dust per day during construction. This does not exceed the 150 pound per day SCAQMD threshold for PM10. However, the City of La Quinta requires compliance with PM10 plan preparation and implementation through its own local ordinance (Chapter 6.16, LQMC), which this project is subject to. III. d) & e) Sensitive receptors near the proposed Core Homes development are other residential developments. There are no schools or hospitals within a mile of the proposed seven unit development. The proposed subdivision is not expected to create objectionable odors affecting a substantial number of people, nor will it expose residents to concentrations of pollutants. Odors from grading, laying of asphalt, construction vehicles and other sources are expected to be minimal and very short-lived. Overall, the air quality impacts of this proposed development are expected to be less than significant with mitigation. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would theproject: a) Have a substantial adverse effect, either X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service (General Plan MEA, p. 78 ff.) b) Have a substantial adverse effect on any X riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (General Plan MEA, p. 78 ff.) c) Have a substantial adverse effect on N federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA, p. 78 ff.) d) Interfere substantially with the N movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan MEA, p. 78 ff.) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan MEA, p. 73 ff.) 0 Conflict with the provisions of an adopted Habitat Conservation Plan, X Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (General Plan �' MEA, p. 78 ff.) IV. a) The property is currently being used as a grapefruit grove and consists of relatively level terrain with an elevation of approximately 15 feet above mean sea level. In addition to the grapefruit trees located in this densely planted orchard, vegetation observed within the project area includes sunflowers, saltbushes, goat weed, and various grasses There were ten rows of grapefruit trees running east -west across the property and terminating just west of Madison Avenue. The site has been an operating orchard for some time, and as such does not contain natural plant communities. The presence of agricultural rows creates the potential for habitat for the burrowing owl, a species of concern. In accordance with the policies contained in the General Plan, the project proponent is required to complete a pre - construction survey of the parcel prior to construction, in order to assure that impacts to this species will not be significant. Therefore, the following mitigation measure shall be implemented. Within 30 days of the initiation of any ground disturbing activity on the project site, the project proponent shall cause a protocol -compliant burrowing owl survey to be completed, submitted to the Community Development Department, and approved. Should the species be identified on the site, the biologist's recommendations for relocation shall be implemented prior to the issuance of any ground disturbing permit. b) Due to the long term use of the site in agriculture, the project is not expected to have a substantial adverse effect on any riparian habitat or other sensitive natural community. c) There are no wetlands on the site. The project is not expected to have a substantial adverse effect on federally protected wetlands. d) The project is not expected to interfere substantially with the movement of native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, e) There is no conflict with local policies or ordinances protecting biological resources, such as a tree preservation policy. f) As the development site is already disturbed and has been used for agriculture, no interference with a Habitat Conservation Plan or Natural Community Conservation Plan is expected. Overall, impacts to biological resources from this proposed development are expected to be less than significant. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would theproject: a) Cause a substantial adverse change in X the significance of a historical resource as defined in '15064.5? (Historical/ Archaeological Resources Survey ... TTM 33085 CRM Tech, January 2005) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to '15064.5? (Historical/ Archaeological Resources Survey ... TTM 33085 CRM Tech, January 2005) c) Directly or indirectly destroy a unique N paleontological resource or site or unique geologic feature? (Paleontologic Resources Assessment TTM 33085... CRM Tech, January 2005) d) Disturb any human remains, including X those interred outside of formal cemeteries? (General Plan MEA p. 123 ff.) V. a) A historical resources survey was performed by CRM TECH and after close inspection of the 4.36 acre site, no evidence of any human activities dating to the historic or prehistoric periods was found on the property. The nearby area has yielded a number of significant historic resources, however, and the paleontologic resources monitor for the project should also be aware of the possibility of finding such resources'. b) No archaeological resources have been found on the site and CRM TECH (cited below) has recommended a finding of no impact with respect to this resource. Nevertheless, archaeological resources have been found within a mile of the site, and a qualified archaeological monitor will need to be present during all earth moving and grading activities due to the general sensitivity of the area for subsurface cultural deposits, to assure that potential impacts to archaeological resources are less than significant. An archaeological monitor shall be present during all earth moving activities. The monitor shall be empowered to stop or redirect such activities if resources are identified. The findings of the monitoring effort shall be documented in a "Historical/ Archeological Resources Survey Report for Tentative Tract Map No. 33085", by CRM TECH January 17, 2005; with Addenda April 14, 2005, and May 19, 2005. report delivered to the Community Development Department no more than 30 days from the completion of monitoring activities. c) Based on previous discoveries over a mile from the project area, the San Bernardino County Museum has assigned the project area a high paleontological sensitivity, and declared the proposed project to have a high potential to impact significant nonrenewable fossil resources. The on -foot field survey did find shell material mixed throughout the soil of the project site. The material consisted mainly of shell fragments. The top layer of soil has been disturbed by the agricultural use of the property. However, the study area's ancient lakebeds have a moderate to high potential for invertebrate remains below the disturbed top. Because of this, paleontological monitoring of earth -moving activities is warranted once the undisturbed subsurface is reached. Because of previous surface disturbance, no monitoring of tree removal, grubbing, or surface grading is recommended. Monitoring should be restricted to undisturbed Lake Cahuilla beds and any undisturbed subsurface older alluvium, which might be present below the surface. Earth moving activities impacting the undisturbed subsurface soils of the project area are likely to encounter paleontological resources within the Holocene -age sediments present at the site. In the entire proposed project area, beneath the quaternary dune sands, there may be older Quaternary deposits, including deposits of lacustrine and fluvial origin known as the Lake Cahuilla beds, that may well contain significant terrestrial and freshwater vertebrate fossils. These Lake Cahuilla beds occur at the surface immediately adjacent to the southeastern portion of the proposed project area'`. The closest fossil vertebrate localities are slightly higher in elevation, but in the same continuous Lake Cahuilla beds, almost directly south of the proposed project area, and just east of the current Lake Cahuilla on both sides of Madison Street north of 58`' Avenue. The following mitigation measure shall be implemented for the site: l . On -and off -site monitoring of earth -moving and grading for the entire site shall be conducted by a qualified paleontological monitor. Monitoring shall be especially thorough in the southeastern portion of the site. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof that a monitor has been retained shall be given to the City prior to issuance of the first earth -moving perniit. 2 Letter from Samuel A. McLeod. Ph.D., of the Natural History Museum of Los Angeles County, dated December 15, 2004, to CRM TECH re: Paleontological Resources for Proposed Tract 22085 Core Homes. y 2. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. d) The site does not occur in an area known to have previously been used for burial. California law requires that anyone uncovering human remains during a construction project notify the authorities. The project contractor will be required to conform to these regulations, and will report any remains, should they be identified. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? (MEA X Exhibit 6.2; October 2004 Geotechnical Investigation by Sladden Engineering for adjacent property, immediately north of the Core Homes site.)) iii) Seismic -related ground failure, X including liquefaction? (MEA Exhibit 6.3) iv) Landslides? (MEA Exhibit 6.4) X b) Result in substantial soil erosion or X the loss of topsoil? (MEA Exhibit 6.5) c) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property (MEA Exhibit 6.1) d) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems 47G where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) Vt. a) i) & ii) The site is not located in an Earthquake Fault Zone as designated by the State. Major fault zones considered to be the most likely to create strong ground shaking are the San Andreas Fault and the San Jacinto Fault, the former of which is 9.5 km (5.9 miles) from the site and the later of which is 32.4 km (20.1 miles) from the project site. The site is located within a seismically active area of Southern California and it is likely that the proposed structures will experience strong ground shaking as a result of an earthquake event during the life of the development. The City requires that structures be designed based upon Uniform Building Code Seismic Zone 4 design criteria. in The potential for liquefaction or other geologic/ seismic hazards occurring at the site is considered to be quite negligible, as the applicable soil profile type is SD, generally described as stiff or dense soill. The geology of the site has been shown as recent alluvial -fan, flood -plain, lake, and sand dune deposits. The soil is a mixture of sandy silt and clay. IV) The project site is surrounded by other lands which are fairly level, and the site is not subject to significant landslide hazards. b) The project is located within the edge of a very severe wind erosion hazard area. To prevent erosion and loss of topsoil, the PM10 mitigation measures discussed in the Air Quality section of this Initial Study will mitigate potential erosion. Retention of significant grapefruit trees should also help mitigate erosion and topsoil loss. c) The surface soils within the upper five feet consist primarily of silty sands. Expansion testing indicates that the surface silty sands are generally non -expansive and are classified as "very low" expansion category soils in accordance with Table 18-1 B of the 1997 Uniform Building Code.2 d) The City requires connection to the Coachella Valley Water District (CVWD) sewer system, and the District has indicated in its April 11, 2005 letter to the La Quinta Planning Commission that the proposed subdivision will be annexed into Improvement District Numbers 55 and 82 for sanitary sewer service. I October 2004 Geoteclmical Investigation by Sladden Engineering for adjacent property, immediately north of the Core Homes site (page 4). 2 April 2002 Geotechnical Investigation by Sladden Engineering for adjacent property, immediately north of the Core Homes site (page 2). 'r 77 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V 1I. HAZARDS AND HAZARDOUS MATERIALS --Would the r9ject: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (General Plan MEA, p. 95 ff.) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Application materials) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically X interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The construction of seven homes on the subject site will not have an impact on hazards and hazardous materials. The City implements Household Hazardous Waste programs through its trash hauler, which are designed to provide for safe disposal of hazardous substances generated in the home. Development of the seven parcels needs to occur in accordance with all applicable fire and safety codes and will not hinder or conflict with any adopted emergency response or evacuation plan. The project is not expected to result in the routine transport, use or disposal of hazardous materials and is not expected to create a significant hazard to the public or the environment. The subject property is not known to previously have been a hazardous materials site, and therefore, the proposed development is not expected to create a significant hazard to the public or the environment. The Core Homes development is not located adjacent to wildlands, and is not expected to pose any risks related to wildland fires. Impacts of the project related to hazards and hazardous materials are considered to be negligible. 479 Potentially Significant Less Than Significant w/ Less Than Significant No Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY -- Would theproject: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff.) c) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on - or off -site? (General Plan EIR p. III-187 ff.) d) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or off -site? (General Plan EIR p. III-187 ff.) e) Create or contribute runoff water which X would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (General Plan EIR p. III-187 ff.) 0 Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (General Plan EIR p. III-187 ff.) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a) The proposed project is not expected to violate any water quality standards or waste discharge requirements. b) The Coachella Valley Water District (CVWD) has indicated that it wishes to review plans for grading, landscaping, and irrigation to ensure efficient water management. The project proponent will be required to implement the City's water efficient landscaping and construction provisions, including requirements for water efficient fixtures and appliances, which will ensure that the least amount of water is utilized within the homes. The proposed project is not expected to substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. The applicant will be required to comply with the City's NPDES standards, ensuring that potential pollutants not be allowed to enter surface waters. These standards will assure that impacts to water quality and quantity will be less than significant. c) The development site is about 15 feet above sea level. The terrain is relatively level, but slopes slightly to the east. The applicant is proposing to accommodate drainage in the subdivision by way of a retention basin in the southeast corner of the property. The 10,366 square foot retention basin would be located between proposed lots 5 and 6 in the development. The project site includes Bureau of Reclamation Irrigation Lateral 119.2, an irrigation water line. Prior to development of the site, the line must be relocated to assure that these waters are not impacted by project development. In order to assure that the irrigation water is not impacted by the proposed project, the following mitigation measure shall be implemented: Prior to issuance of grading permits, the project proponent shall relocate Bureau of Reclamation Irrigation Lateral No. 119.2 to the satisfaction of the Bureau of Reclamation and the Coachella Valley Water District. d) The development is not expected to increase the rate or amount of surface runoff in a manner that would result in flooding on- or off -site. However, the capacity of the retention basin must be reviewed to make certain of this, and the following mitigation measure shall be implemented: A The project shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin #97.03, and the approved preliminary hydrology plan dated 9/14/05. The City requires that all projects retain the 100-year storm on site. The City Engineer will review final plans and hydrology analysis to assure that these basins are sufficient to adequately retain water, prior to the issuance of grading permits. Stormwater and project -generated urban runoff will be managed through the use of catch basins, stormwater retention facilities, and other standards in accordance with the California Storm Water Pollution Plan. A Stormwater Pollution Prevention Plan (SWPPP) will be required of the project prior to grading. e) The District has indicated that the development site is protected from regional stormwater flows by the Coachella Valley Stormwater Channel and may be considered safe from regional stormwater flows except in rare instances. f & g) According to the Coachella Valley Water Districtl, the property under consideration is designated as being in Flood Zone X on Federal Flood insurance rate maps. Flood zone X refers to areas that are outside the 500-year floodplain. 1 Letter to La Quinta Planning Commission from Mark L. Johnson, Director of Engineering, Coachella Valley Water District, re: Tentative Tract 33085, Core Homes, LLC, dated April 11, 2005. j° 0 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element; General Plan Exhibit 2.1 hand Use) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 11) IX. a)-c) Construction of the seven unit Core Homes residential development will not divide an established community. The development does not conflict with habitat conservation plans or natural community conservation plans. Historically the 4.36 acre property has been a grapefruit orchard. There are no houses or other buildings currently onsite. Conversion of this property from a grapefruit orchard into a residential development of one-half acre parcels conforms with the City's land use plan. The land use designation for the property is Very Low Density Residential, allowing up to two dwellings per acre. The permitted maximum project density is 8.6 units for the site, so the 7 proposed lots are below the density allowed and are consistent with the City's Land Use Plan. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The proposed project consists primarily of silty, fine-grained sands. The site is located in an area of the City that is transitioning from agricultural to residential uses. It is in Mineral Resource Zone MRZ-1. This refers to areas whore adequate information exists to support the conclusion that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence. Potentially Less 'Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan MEA p. 11 I IT Impact Sciences Noise Study for Tentative Tract Map No. 33085, April 2005) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (General Plan MEA p. I I I ff. Impact Sciences Noise Study for Tentative Tract Map No. 33085, April 2005) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. I I 1 ff.) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. 111 ff.) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-d) Noise will be generated during project construction. There are no major sensitive receptors located adjacent to the project site. In general, increases in ambient noise levels in the project vicinity are expected to fall into two categories, short-term and long-term. Short-term, temporary noise impacts associated with the operation of heavy machinery are expected to occur during the grading and construction process. This requires the following mitigation measure: 1. To minimize impacts during the grading and construction process, all construction equipment shall be fitted with well -maintained mufflers. 2. Construction activities shall take place only during hours permitted by the City's noise ordinance. Exterior Noise Based upon measurements from April 2005, noise levels at the site were approximately 55 dB(A) and thus are at the upper range of normally acceptable levels, per Table 8.1 of the City of La Quinta General Plan. Traffic on Madison Street and Avenue 52 are both expected to increase dramatically by year 2020. Based upon Avenue 52's greater distance from the site and the intervening orchards, noise from Madison Street is the primary concern. Up to 28,200 daily trips are expected on Madison Street in 2020, based upon the City's General Plan traffic element, and CEQA requires long term noise levels to be at acceptable levels. The CNEL (Community Noise Equivalent Level) that would be 80 feet from the centerline of Madison (where the closest residence would be located) is 68.7 dB(A) CNEL. This exceeds conditionally acceptable exterior noise levels — the City considers 55 to 65 dB(A) to be conditionally acceptable. A six foot block wall would reduce noise by 6.5 dB(A). This will bring the development to 62.2 dB(A) CNEL and this is within the range that is considered to be conditionally acceptable according to the City's noise element. Based upon this, the following measures are required for the mitigation of exterior noise levels, to allow the proposed development to comply with interior and exterior noise level thresholds: 1. Construct a six-foot block wall that separates the entire eastern edge of the site from Madison Street. 2. If Lots 5, 6, or 7 are proposed as two-story homes, any exterior balconies, decks, or patios on the second stories for homes on these three lots must face away from Madison Street. Interior Noise Interior noise should not be a problem as Title 24 of the Uniform Building Code calls for insulated walls, glazed windows, and weather stripping on all doors and windows opening to the exterior. Insulated stucco walls and double paned windows can reduce exterior noise levels of 25.0 to 31.0 dB(A). As such, interior noise levels experienced in the proposed residential units will remain below the 45.0 dB(A) CNEL threshold required by Title 24. e & f) The Core Homes development site is over three miles from the Desert Resorts Regional Airport, so noise impacts will be minimal. The proposed development site is �t not within an airport land use plan. With the implementation of mitigation measures, the noise impacts from the Core Homes development are expected to be less than significant. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The proposed project is consistent with the General Plan designation for the project site. The City's build -out population of 60,639 not including adjacent planning areas or spheres of influence, will not be significantly challenged or impacted by growth from the seven proposed dwellings. No individuals will be displaced to create this development. No replacement housing will need to be built elsewhere. The impacts of this development upon housing and population will be insignificant. r �� Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIIL. a)Build-out of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Build -out of the proposed project will generate sales and property tax that will offset the costs of added police and fire services, as well as the costs of general government. The project will be required to pay the mandated school fees, fire mitigation fees, and park in lieu fees at the time of issuance of building permits to reduce the financial impacts to those services. The Police Department has recommended that construction materials be kept in a locked storage facility during the construction period for this project, and that the homes to be constructed should incorporate wide -angled peepholes into all dwelling front doors and all solid doors where visual scrutiny is compromised. The proposed development site has been designated to provide for outdoor lighting and other measures that will reduce the need for police protection. These requirements will be included in the conditions of approval for the project. Schools are managed by the Coachella Valley Unified School District, and the developer will need to pay fees to the School District. The District has indicated that, due to overcrowding, students from the development may need to be transferred to a school within the district that can accommodate them. Parks and recreation areas are provided by both the City and the County, and the impact of the development upon these parks is expected to be less than significant. The property owner will be required to pay a parkland fee prior to recordation of the final map. Al00 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials; General Plan Exhibit 5.1 Existing and Proposed Parks) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The City's 2002 Comprehensive General Plan indicates that the closest existing or planned parks in La Quinta are over two miles west of the proposed Core Homes development. The City has numerous parks, and has set a standard of at least 3.0 acres of parkland for every 1,000 residents. Due to the small size of the proposed development, however, impact of the development on recreational resources will be less than significant. lrregardless, the project will be required to pay Parkland Dedication fees as required by Chapter 13.48 of the City Subdivision Ordinance. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (TTM 33085) e) Result in inadequate emergency X access? (TTM 33085) f) Result in inadequate parking capacity? X (TTM 33085) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description; MEA Exhibit 3.10 Trails) XV. a) & b) The proposed project is not expected to cause any substantial increase in traffic in relation to existing traffic load and capacity of the street system. Madison Street has a right of way of 110 feet and is designated as a Primary Arterial. The proposed development will not exceed the level of service standard established by the City for Madison Street or other nearby roads such as Avenue 50 or Avenue 52. c) The project will not result in a change in air traffic patterns. Likewise, rail and waterborne traffic patterns will not be impacted. d) The project does not substantially increase hazards due to any design features. In fact, the choice of access from Beth Circle rather than from Madison Street adds a significant safety -enhancing feature to the development. The City's Engineering Department has already specified in a memorandum of April 8, 2005, that left turn movements out of Beth Circle will not be permitted, and this adds an additional layer of safety to the proposed project, as well as to motorists, pedestrians, and bicyclists utilizing Madison Street. e) The project is not expected to result in inadequate emergency access. The private roads inside the development are "T" shaped and extend southward from the private street called Old Orchard Lane. These private roads meet minimum standards for safety including two dead ends, each of which meet the required minimum turning radius of 38 feet. f) With the proposed parcels each being one half acre, no shortage of parking capacity is anticipated. In addition, no streets in the proposed development will be less than 36 feet wide at any point, and, therefore parking on both sides of the street is permissible. g) The proposed development and division of land are not expected to conflict with any adopted policies, plans, or programs supporting alternative transportation. According to the City's Trails Map, this section of Madison Street is a pedestrian/ hiking trail; an on -road bicycle lane; and a multi -purpose trail. These improvements will be required as part of the project approval conditions. Potentially Less "Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) XV1. a) The Core Homes proposed subdivision will not exceed wastewater treatment requirements of the Coachella Valley Water District, and CVWD has already indicated the requirement to annex the seven proposed parcels into CVWD's Districts 55 and 82 for sanitation service. b) The proposed project will ultimately lead to the creation of seven dwellings, therefore it will not require the construction of new water or wastewater treatment facilities, or the expansion of existing facilities. c) The area is protected from regional storm flows by the Coachella Valley Stormwater Channel and may be considered safe from regional storm flows except in rare instances. d) The Coachella Valley Water District will furnish domestic water and sanitation service to this area in accordance with the current regulations of the District Sufficient water supplies are available to serve the project from existing entitlements and resources, and CVWD has indicated that certain fees and charges will be paid by the subdivider to obtain water service. CVWD has also indicated that additional domestic water pipelines will have to be installed by the subdivider in order for the District to provide service to all parcels. Impacts to water supplies can be reduced by incorporating a variety of water - conserving techniques which include the use of low -flow toilets and showerheads, and the use of drought -tolerant plant materials in landscape and open space areas. e) CVWD has indicated in its letter of April 11, 2005, that it has sufficient wastewater treatment capacity to serve the project's projected demand in addition to its already existing commitments. f) Waste Management of the Desert serves residences within the City of La Quinta, and no strains on landfill capacity are expected to result from the seven parcels in the Core Homes development. g) The project complies with all federal, state, and local statutes and regulations related to solid waste, and future homes on site will participate in the City's recycling program, that is coordinated through Waste Management of the Desert. On -site recycling and solid waste source reduction programs must be implemented at project build -out in accordance with local and state requirements. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals'? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The site has the potential to impact cultural and paleontologic resources. These impacts will be mitigated to a less than significant level, as stated in Sections IV (Cultural Resources) and V (Biological Resources). XVII. b) The proposed project will augment the housing options offered to the City's residents, a goal of the General Plan. XVII. c) The proposed project is consistent with the General Plan vision for this area, and construction of the project will have no significant cumulative impacts. 1 7 U XVII. d) The proposed project has the potential to adversely affect human beings, due to noise impacts. Mitigation measures have been included to reduce the potential impacts related to noise. These are outlined in Section XI. XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Not applicable. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. U U -o z 73 w h Q A U� zA �x UV ar R. F- b C4 U > ° z H a3 0 a � o Con E- zz Q U Q � O � .5 O ¢ O ~ � U 73 U 0-0 v 5 w Q A w y� A w aL) Uv w u. a. z x W cz c. U Q v Q Y v O w o a W ° c 73 � C O O O O Y ¢ a b W Q A w y. U ca z� Q� Q. U O U y F o U C7 z F 0 0 o a a a, o� W � o O v z� Q z 0 h 0.0 W a �Woa 0 cl V/ 05 0-0 ° U Pall a 41g8 w Q a w QA �W ax U O x U v Q x H o 4 v U � U U ram+ C. G � F � U O ¢, � O x o� 7. 73 z o ao q Q 4 4 � � x �a �a Q °o C,3 o �.o O 5 cn cz o o n U o 4,19 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF TENTATIVE TRACT 33085, SUBDIVIDING ±4.3 ACRES INTO SEVEN SINGLE-FAMILY LOTS CASE NO. TENTATIVE TRACT MAP 33085 APPLICANT: CORE HOMES, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 1 51h day of November, 2005 and continued to the 61h day of December, 2005, hold a duly noticed public hearing to consider a recommendation on Tentative Tract 33085, a request to subdivide ± 4.3 acres into seven single-family residential lots and several lettered lots, located on the southwest corner of Madison Street and Beth Circle, more particularly described as: BEING A PORTION OF PARCEL 3 OF PM 16457, MAP BOOK 100/48 OF MAPS WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 25' day of October, 2005 and continued to the 8th day of November, 2005, hold a duly noticed Public Hearing to consider adoption of a recommendation on said Tentative Tract 33085, and further, did take action to recommend that the City Council certify said Tentative Tract 33085, by adoption of Planning Commission Resolution 2005-056; and, WHEREAS, the La Quinta Community Development Department has prepared Environmental Assessment 2005-537, and has determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, 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 findings to justify their approval of Tentative Tract 33085: 1 . The proposed Tentative Tract Map 33085 is consistent with the City's General Plan, with the implementation of Conditions of Approval. The project density of 1 .6 units per acre is consistent with the adopted Very Low Density Residential land use designation of up to two dwelling units per acre, as set forth in the General Plan. City Council Resolution No. 2005- Tentative Tract 33085 — Core Homes December 6, 2005 2. The design and improvements of the proposed Tentative Tract Map 33085 are consistent with the City's General Plan, to provide for adequate storm water drainage, and other infrastructure improvements with the implementation of recommended conditions of approval to ensure proper street widths, perimeter walls, storm drainage facilities, and timing of their construction. 3. The La Quinta Community Development Department has prepared Environmental Assessment 2005-537. Based on this Assessment, the Community Development Department has determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non - significance. A pre -construction survey will be conducted for burrowing owl species, the only species of concern identified for this site. 4. The design of Tentative Tract 33085 and type of improvements are not likely to cause serious public health problems, in that this issue was considered in Environmental Assessment 2005-537, in which no significant health or safety impacts were identified for the proposed project. 5. As conditioned, the design of Tentative Tract 33085 and type of improvements, will not conflict with easements, acquired by the public -at -large, for access through, or use of property within the proposed subdivision. 6. The site for Tentative Tract 33085 is physically suitable for the proposed subdivision, as natural slopes do not exceed 20%, and there are no identified geological constraints on the property that would prevent development pursuant to the geotechnical study prepared for the subdivision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby require compliance with those mitigation measures specified by the Mitigation Monitoring Program of Environmental Assessment 2003-537, prepared for Tentative Tract Map 33085; 3. That it does grant approval of Tentative Tract Map 33085, for the reasons set forth in this Resolution and subject to the Conditions of Approval, attached as "Exhibit A". City Council Resolution No. 2005- Tentative Tract 33085 — Core Homes December 6, 2005 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 6th day of December, 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 CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33085 CORE HOMES. LLC DECEMBER 6, 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 Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: • Fire Marshal Public Works Department (Grading Permit, Improvement Permit) • Community Development Department Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District, Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 7 -� 3 City Council Resolution No. 2005- Conditions of Approval - RECOMMENDED Tentative Tract 33085, Core Homes, LLC December 6, 2005 A project -specific NPDES construction permit must be obtained by the applicant, who shall then submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 1 3.24.1 70 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1 ) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. �4 City Council Resolution No. 2005- Conditions of Approval - RECOMMENDED Tentative Tract 33085, Core Homes, LLC December 6, 2005 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. PROPERTY RIGHTS 5. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 6. The applicant shall offer for dedication on the Final Map all public street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 7. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Madison Street (Primary Arterial, Option A 110' ROW) — The standard 55 feet from the centerline of Madison Street for a total 1 10-foot ultimate developed right of way. 8. The applicant shall retain for private use on the Final Map all private street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 9. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS 1 ► Residential Streets measured at gutter flow line to gutter flow line shall have a 36-foot travel width. r�r �r�iJ City Council Resolution No. 2005- Conditions of Approval - RECOMMENDED Tentative Tract 33085, Core Homes, LLC December 6, 2005 B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. 10. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 1 1 . The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 12. The applicant shall create perimeter landscaping setbacks along all public right- of-ways as follows: A. Madison Street (Primary Arterial) - 20-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 13. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 14. Direct vehicular access to Madison Street from lots with frontage along Madison Street is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 15. The applicant shall furnish proof of easements, or written permission, as o City Council Resolution No. 2005- Conditions of Approval - RECOMMENDED Tentative Tract 33085, Core Homes, LLC December 6, 2005 appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 16. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. 17. The applicant shall enter into a reciprocal agreement with the owner(s) of the property to the north, Tentative Tract Map No. 30378 for access to Madison Street via Beth Circle. The applicant is advised that the approval of this Tentative Tract Map No. 33085 is dependent on the completion of street improvements for the development to the north, Tentative Tract Map No. 30378. FINAL MAPS 18. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final Map. The Final Map shall be of a 1 " = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 19. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 20. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. City Council Resolution No. 2005- Conditions of Approval - RECOMMENDED Tentative Tract 33085, Core Homes, LLC December 6, 2005 Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan: 1 " = 40' Horizontal B. PM 10 Plan: 1 " = 40' Horizontal C. SWPPP: 1 " = 40' Horizontal NOTE: A through C to be submitted concurrently. D. Off -Site Street Improvement/Storm Drain Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical E. Off -Site Signing & Striping Plan: 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berm design in the combined parkway and landscape setback area. F. On -Site Street Improvements/Signing & Striping/Storm Drain Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: D through F to be submitted concurrently. The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. G. On -Site Residential Precise Grading Plan: 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. `y � City Council Resolution No. 2005- Conditions of Approval - RECOMMENDED Tentative Tract 33085, Core Homes, LLC December 6, 2005 All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. 21. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public Works Department home page and look for the Online Engineering Library hyperlink. 22. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 23. Prior to approval of any Final Map, the applicant shall construct all on and off - site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 24. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall City Council Resolution No. 2005- Conditions of Approval - RECOMMENDED Tentative Tract 33085, Core Homes, LLC December 6, 2005 comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 25. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 26. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 27. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 28. The applicant shall comply with the provisions of Section 1 3.24.050 (Grading Improvements), LQMC. 29. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 51_0 City Council Resolution No. 2005- Conditions of Approval - RECOMMENDED Tentative Tract 33085, Core Homes, LLC December 6, 2005 30. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.1 6, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 1 3.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 31. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 32. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1 . All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1 .5") in the first eighteen inches (18") behind the curb. City Council Resolution No. 2005- Conditions of Approval - RECOMMENDED Tentative Tract 33085, Core Homes, LLC December 6, 2005 33. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 34. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 35. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 36. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. nRAlNA�F 37. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03 and the approved preliminary hydrology plan dated September 14, 2005 for Tentative Tract Map No. 33085. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. Additionally, the 100 year stormwater shall be retained within the interior street right of way. The tributary drainage area shall extend to the centerline of adjacent public streets and include any resulting uncaptured tributary stormwater flows. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 38. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief City Council Resolution No. 2005- Conditions of Approval - RECOMMENDED Tentative Tract 33085, Core Homes, LLC December 6, 2005 route. 39. For properties where sump conditions exist, the applicant must either define a diversion/overflow strategy or retain upstream stormwater as required for existing as -built conditions from all off -site tributary flow from the respective high points. The applicant must provide either on -site retention or alternative facilities of diversion/pass through, if selected. Historical flow paths should be identified and routing provided in the hydrology analysis equivalent to historical flow direction. As local topography allows, tributary areas may exceed limits of property lines adjacent to public roads. The 100-year storm shall be the governing event in the designer's evaluation. 40. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. Nuisance water shall be retained on site. In residential developments, nuisance water shall be passed through a pre -filter system comparable to the MaxWell Plus Primary Settling Chamber (or equivalent) before being disposed in a trickling sand filter and leach field or equivalent system approved by the City Engineer. The sand filter and leach field shall be designed to contain surges of up to 3 gph/1 ,000 sq. ft. of landscape area, and infiltrate 5 gpd/1 ,000 sq. ft. The sand filter and leach field shall be designed to contain nuisance water surges from landscape area, residential unit, and off -site street nuisance water. Flow from adjacent well sites shall be designed for retention area percolation by separate infiltration system approved by the City Engineer. The sand filter design shall be per La Quinta Standard 370 with the equivalent of 137.2 gph of water feed per sand filter to accept the abovementioned nuisance water requirements. Leach line requirements are 1 .108 feet of leach line per gph of flow. 41. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 42. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 43. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. 13 City Council Resolution No. 2005- Conditions of Approval - RECOMMENDED Tentative Tract 33085, Core Homes, LLC December 6, 2005 44. Stormwater may not be retained in landscaped parkways or landscaped setback lots; only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 45. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 46. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. UTILITIES 47. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 48. Applicant is advised that there are existing Bureau of Reclamation (BOR) facilities that affect this development. There may be conflicts with Irrigation Lateral #1 19.2, and no final map can be approved until utility clearances have been accomplished through CVWD. The final map shall reflect this facility and its respective easement. 49. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 50. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 51. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. City Council Resolution No. 2005- Conditions of Approval - RECOMMENDED Tentative Tract 33085, Core Homes, LLC December 6, 2005 STREET AND TRAFFIC IMPROVEMENTS 52. The applicant shall comply with the provisions of Sections 1 3.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 53. The applicant shall construct the following street improvements to conform to the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Madison Street (Primary Arterial; 1 10' R/W): Widen the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the west side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial horizontal and vertical design standard. The west curb face shall be located forty three feet (43') west of the centerline. These improvements may be deferred to be completed with future Madison Street Improvements. If full Madison Street improvements are deferred, the applicant shall construct interim street improvements as approved by the City Engineer. In addition, the applicant is required to bond for the ultimate width widening on Madison Street. Other required improvements in the Madison Street right of way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) A 10-foot wide Multi -Purpose Trail. The applicant shall construct a multi -use trail per La Quinta Standard 260 along the Madison Street frontage within the landscaped setback. The location and design of the trail shall be approved by the � r City Council Resolution No. 2005- Conditions of Approval - RECOMMENDED Tentative Tract 33085, Core Homes, LLC December 6, 2005 City. A split rail fence shall be constructed along the roadway side of the multi -purpose trail in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. Bonding for the fence to be installed shall be posted prior to final map approval. At grade intersection crossings shall be of a medium and design and location as approved by the Engineering Department on the street improvement plan submittal. Improvements in the Madison Street right of way eligible for DIF reimbursement but not conditioned of the applicant include: c) Half width of an 18 - foot wide raised landscaped median along the entire boundary of the Tentative Tract Map. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Construct full 36-foot wide travel width improvements measured gutter flow line to gutter flow line where the residential streets are double loaded. 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. 54. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. r�� City Council Resolution No. 2005- Conditions of Approval - RECOMMENDED Tentative Tract 33085, Core Homes, LLC December 6, 2005 or the approved equivalents of alternate materials. 55. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 56. General access points and turning movements of traffic are limited to the following: Primary Entry (Beth Circle at Madison Street): Right turn movements in and out and left turn movement in are permitted. Left turn out is prohibited. 57. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 58. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 59. Gated vehicular entry shall be limited to a common gated entry between Tentative Tract Map No. 30378 and Tentative Tract Map No. 33085 on Beth Circle at Madison Street, subject to review and approval by the Public Works Department and Fire Marshal. The developers/owners of Tracts 30378 and 33085 shall be required to provide a copy of an executed agreement for access, construction and maintenance, and provide notice in the respective CC&R's for both tracts, to show concurrence with the gating restriction. In addition, this shall be incorporated into the reciprocal access agreement as required under Condition 18 of this approval, if deemed appropriate by the Public Works Department. Condition 55 of City Council Resolution # 2002-96, as adopted for Tract 30378 to the north, shall govern with respect to the gate design and improvement requirements. Wall and gate design, color and materials will be subject to review by the Community Development Department when permits for those improvements are applied for. FIRE MARSHAL r City Council Resolution No. 2005- Conditions of Approval - RECOMMENDED Tentative Tract 33085, Core Homes, LLC December 6, 2005 60. Any turn or turn -around requires a minimum 38-foot outside turning radius. 61. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 62. The minimum dimension for roads and gates is 20 feet clear and unobstructed width, and a minimum vertical clearance of 13 feet, 6 inches. All gated entry designs shall require review and approval by the Fire Marshall and incorporation into street improvement plans to be submitted for approval. 63. Streets must be a minimum of 36 feet wide at all points if on -street parking is to be allowed on both street sides. Areas between 28 and 36 feet will be permitted parking on one street side, and streets less than 28 feet shall be painted and posted as NO PARKING — FIRE LANE. 64. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible materials being placed on any individual lot. Two sets of water plans shall be submitted to the Fire Department for approval. 65. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 66. Final fire protection requirements will be determined when final maps/building plans are submitted for review. Final conditions will be addressed when building plans are submitted. A plan check fee must be paid to the Fire Department at the time building and water system plans are submitted. Any interpretation as to the meaning of any fire -related conditions shall be the sole responsibility of the Fire Marshal. CONSTRUCTION 67. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last two homes within the development or when directed by the City, whichever comes first. City Council Resolution No. 2005- Conditions of Approval - RECOMMENDED Tentative Tract 33085, Core Homes, LLC December 6, 2005 LANDSCAPING 68. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 69. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. Plans for these areas shall be submitted for review and approval through the Community Development Department (CDD), prior to plan checking by the Public Works Department. As part of CDD review, the plans will require review and approval by the City's Architecture and Landscape Review Committee, and the Planning Commission, prior to issuance of any on or off -site improvement permits. All plans submitted for review shall include water use calculations demonstrating plan compliance with the requirements of Chapter 8.1 3, LQMC (Water Efficient Landscaping), along with written acceptance of the plans by CVWD and the Riverside County Agricultural Commissioner. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, etc. shall be signed and stamped by a licensed landscape architect. When all reviews have been completed by CDD, the applicant shall submit the approved plans for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 70. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 71. A minimum two rows of existing citrus trees shall be preserved in place along the Madison Street perimeter of the tract, and a minimum one row of existing citrus trees shall be preserved along the north, south and west perimeters of the tract. If trees cannot be preserved in place, then they shall be relocated to the extent needed to address this requirement. All preserved trees as existing or relocated shall be called out on the landscape plans when submitted for plan check. QUALITY ASSURANCE 72. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 73. The applicant shall employ, or retain, qualified engineers, surveyors, and such r 1 City Council Resolution No. 2005- Conditions of Approval - RECOMMENDED Tentative Tract 33085, Core Homes, LLC December 6, 2005 other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 74. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 75. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 76. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 77. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 78. The applicant shall comply with the provisions of Section 1 3.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 79. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 80. A fee of $1,314.00, payable to Riverside County, is due to this office within 24 hours of any City Council approval. This is required by the County to post the Notice of Determination and offset costs associated with AB 3158 (Fish and Game Code 71 1 .4). City Council Resolution No. 2005- Conditions of Approval - RECOMMENDED Tentative Tract 33085, Core Homes, LLC December 6, 2005 81. Applicant shall pay the fees as required by the Coachella Valley Unified School District, as in effect at the time requests for building permits are submitted. 82. Applicant/developer shall pay any mandated fees associated with fire protection facilities, as may be required by the Fire Marshal and/or the City of La Quinta. Any required fee(s) shall be paid to the appropriate agency, prior to issuance of the first dwelling unit permit. 83. Tentative Tract 33085 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. Based on the requirements of Section 13.48.050 LQMC, the amount of park land required for 7 lots is 0.06 acres. The in -lieu payment(s) shall be based upon this acreage requirement. In -lieu fees may be paid for each proposed final map phase of a multiple -phased map. Payment of the in -lieu fee shall be made prior to, or concurrently with recordation of the first final map within the tentative map. COMMUNITY DEVELOPMENT 84. Within 30 days of the initiation of any ground disturbing activity on the project site, the project proponent shall cause a protocol -compliant burrowing owl survey to be completed, submitted to the Community Development Department, and approved. Should the species be identified on the site, the biologist's recommendations for relocation shall be implemented prior to the issuance of any ground disturbance permit. 85. An archaeological monitor shall be present during all earth moving activities. The monitor shall be empowered to stop or redirect such activities if resources are identified. The findings of the monitoring effort shall be documented in a report delivered to the Community Development Department no more than 30 days from the completion of monitoring activities. 86. On and off -site monitoring of earth -moving and grading for the entire site shall be conducted by a qualified paleontological monitor. Monitoring shall be especially thorough in the southeastern portion of the site. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. The applicant shall have entered into a contract for archaeological monitoring with a qualified archaeologist, with a copy of that contract/agreement to be submitted with civil plans for any grading or other land disturbance. The contract shall be reviewed and accepted by Community Development prior to any grading permit approval. City Council Resolution No. 2005- Conditions of Approval - RECOMMENDED Tentative Tract 33085, Core Homes, LLC December 6, 2005 87. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 88. The following measures are required for the mitigation of exterior noise levels, to allow the proposed development to comply with interior and exterior noise level thresholds. A. The developer shall construct a six-foot block wall, as measured from the inside wall at pad elevation, that separates the entire eastern edge of the site from Madison Street, and extending 100 feet west of Madison along the north and south tract boundary. B. A final acoustical analysis shall be completed and submitted for review at time of building permit plan check, based on final lot layout and pad elevations, to demonstrate that the City's standards for interior and exterior CNEL levels will be met for each proposed dwelling unit. 89. Review of architecture and landscaping for production and/or individual custom homes, shall be subject to Title 9, Section 9.60.330 and 9.60.340, LQMC, as applicable. The Community Development Director or designee shall determine whether the unit(s) applied for constitute custom homes or production -level development. Any custom home design guidelines that may be required shall be reflected or referenced in the CC&R's for TT 33085. 90. The entire perimeter wall design and location, including sound wall areas, entry wall areas, and property line walls, shall be subject to review and approval by the Community Development Department through a master wall plan. The plan shall include a meandering wall along Madison Street, corner cutback walls at all street corners, and a landscaped setback between back of curb and the wall along the south side of Beth Circle, of adequate depth to allow existing citrus trees in the setback. The landscaped setback and meandering wall along Madison Street shall be designed to preserve as many of the existing citrus stands in the parkway within their current locations, without damage to the trees and root ball. The west end of the wall along Beth Circle shall be set back a minimum of 10 feet from the back of curb at the tract entry, with the opposing tract entry wall section set back a minimum of 5 feet from back of curb, so as to create an offset appearance at the entry to the tract. The wall plan shall specify colors and materials to be used for the walls, capping, pilasters, entry monuments, planters, and any other such features. 91. All lots within TT 33085 shall be limited to homes that are one story, 22 feet in height. City Council Resolution No. 2005- Conditions of Approval - RECOMMENDED Tentative Tract 33085, Core Homes, LLC December 6, 2005 92. Should any guest house/casitas be part of the floor plans designed for TT 33085, whether production or custom homes, a master Minor Use Permit for all such guest houses/casitas shall be secured in conjunction with the recordation of the Final Map. A covenant or provision in the CC&R's shall be recorded informing all property owners of the Minor Use Permit and its conditions of approval for the production homes. r 2 '� ATTACHMENT #1 AVENUE 50 T.SS. T..6S. F WSTA BONITA TRAIL 4 AVENUE 51 OLD ORCHARD l o ���C LANE BEM CIRCLE 0 AVENUE 52 VICINITY MAP N.T.S. 4 ATTACHMENT 2 !Jig 1. L All • I i i' I 61 g� iritl Y�l1rrt.t,v,,, 1 {I•N �j r �IIIiy�9 N N � R ATTACHMENT 3 L5 2000 INC. CORE HOMES, LLC .... CONCEPTUAL TENATIVE TRACT 33085 LANDSCAPE PLAN ATTACHMENT 4 Planning Commission Minutes October 25, 2005 r 7. It was moved and seconded by Commissioners Alderson/Daniels to adopt Planning Commission Resolution 2005-052 approving Site Development Permit 2005-843, as amended. a. Condition added: Applicant shall work with staff to ensure there is no groundwater contamination. ROLL CALL: AYES: Cq nmissioners Alderson, Daniels, Quill, and Chairman/Kirk. NOES: None. ABSENT: Commissioner Ladner/ ABSTAIN: None. C. Environmental Assessment 2005-537 and Tentative Tract Map 33085; a request of Core Homes, LLC for consideration of: 1 ) Certification of a Mitigated Negative Declaration of environmental impact; and 2) the subdivision of 4.3 acres into seven single-family lots for the property located at the southwest corner of Madison Street and Beth Circle, north of Avenue 52. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which was on file in the Community Development Department. Staff noted Condition No. 71 was modified to state south and west property lines. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked if the entire site drains into the retention basin. Staff stated that is correct, the southeast corner of the site. Assistant City Engineer Steve Speer stated there is no storm drain to take the water off -site. 3. Commissioner Daniels asked what the plotting pattern was to the south and should the street go through to the property to the south. Staff stated the property to the south is owned by Mr. Robert Smith. There is another ten acre tract, Tract 31852, to the south that has been approved. 4. Commissioner Quill asked if the intent was to leave the trees in place. Staff stated there will be some relocation to accommodate design and grading, but as many as possible are recommended to stay where they are. r " G:\WPDOCS\PC Minutes\10-25-05.doc Planning Commission Minutes October 25, 2005 5. Chairman Kirk asked if the applicant wanted a narrower road, would staff support it. Assistant City Engineer Steve Speer stated the applicant has not asked for a narrow width; staff has allowed 28 feet between the flow line with no parking on the street. Chairman Kirk stated he did not believe foliage did anything to alleviate noise. Staff stated it may not provide much of a noise buffer, but it does add to the aesthetics. Chairman Kirk stated that all the exhibits he has shows the trees on the inside of the wall. Staff stated they are conditioned to provide a 20-foot landscaping strip along the street. 6. Chairman Kirk asked if the applicant would like to address the Commission. Mr. David Turner, Coachella Valley Engineers, representing the applicant, stated the drawing is conceptual. They intend to match the property to the north with trees and landscaping along the street. In regard to the property to the south, they would take their access off Madison Street. 7. Commissioner Daniels asked if that property would be a cul-de-sac by itself entering off Madison Street. Mr. Turner stated it would depend on how the applicant chose to design the tract. He then went on to explain the drainage of the site. 8. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill asked the purpose of the easement around the site. Mr. Turner stated it is a drainage easement. Commissioner Quill asked if the footprint on the plans was the footprint of the actual homes, or is this just typical. Mr. Turner stated they are conceptual. Commissioner Quill asked if more trees could be retained. Mr. Turner stated it is the intent to retain as many as possible. 9. Chairman Kirk asked the applicant to explain the street planting. Mr. Turner stated initially there will be two rows of trees outside the wall and when Madison Street is fully developed at least one row of trees would remain with a meandering sidewalk. Assistant City Engineer Steve Speer stated the east half of the street is within the City of Indio. Madison Street is a Primary Arterial with a median. The City has rehabilitated their portion of Madison Street and there are no plans for any further development of the street at this time. Fees are being collected for when it is constructed. • G:\WPDOCS\PC Minutes\10-25-05.doc Planning Commission Minutes October 25, 2005 10. Chairman Kirk asked if anyone else would like to address the Commissioner. Mr. Robert Smith, 51-425 Madison Street, immediate southerly property owner, stated his concern with the half acre lots of this project. He requested it be kept consistent with what is developed. He has no other issues. 11. Commissioner Quill asked if there were any other subdivisions proposed in this area that are less than two acres. Assistant City Engineer Steve Speer stated that on the northwest corner of Avenue 52 and Madison Street there is a tract approved with approximately 14 lots on 8.5 acre site. 12. Mr. Turner stated that in regard to density they believe the half acre lot size proposed is a good blend. 13. There being no further public comment, Chairman Kirk closed the public hearing and opened to Commission discussion. 14. Commissioner Daniels stated he had no problem with the half acre lots. 15. Commissioner Quill asked if this property was in the equestrian overlay zone. Staff stated yes, it is so zoned. 16. Chairman Kirk asked if this was the maximum number of lots that would be allowed. Staff stated the site is 4.3 acres so it could have 8.6 lots maximum. Chairman Kirk stated he is struggling with approving the higher density in a rural area. 17. Commissioner Alderson stated that given the configuration of the lots and access, he has no problem with the project as designed. 18. Commissioner Quill asked how many lots were being developed to the north. Staff stated there are two tracts approved to the north that are one acre lots and the drainage is contained on the individual lots. Commissioner Quill stated he thought that in this location, the lots should be one acre. 19. Chairman Kirk asked staff what their options were. Community Development Director Doug Evans explained they could approve, G:\WPDOCS\PC Minutes\10-25-05.doc Planning Commission Minutes October 25, 2005 deny or request the applicant to remove the application from the calendar and allow them to redesign the project. City Attorney Kathy Jenson clarified that should they determine to deny the project, the application should be continued to allow staff to draft a resolution with findings for denial. Should the Commission vote and there is a tie vote, the project would automatically be continued to the next meeting. 20. Chairman Kirk reopened the public hearing. 21. Mr. David Neale, owner of the property, stated they have made every effort to bring a project to the City that they can be proud of. He has met with the adjoining property owners to make them aware of his project. Chairman Kirk asked if the applicant would prefer to have a continuance or denial. Mr. Neale asked what his rights would be should he receive a negative vote. City Attorney Kathy Jenson stated he would have a right of appeal to the City Council. Community Development Director Doug Evans asked that staff have an opportunity to speak with the applicant and bring this application back to the Commission in two weeks. Mr. Neale stated that if it is for less lots, he would prefer to have a vote at this time. 22. Commissioner Alderson asked how many lots could they design and have on -site drainage. Staff stated one -acre sites are the minimum to retain on site to get the retention needed. 23. Commissioner Daniels stated he supports the project as recommended by staff. Although the project to the north is one acre lots and this project has half acre lots, he does not see the reasoning for requiring this project to be one acre lots. 24. Chairman Kirk closed the public participation portion of the hearing. City Attorney Kathy Jenson recommended the Commission not close the public portion and allow testimony at the next meeting. Chairman Kirk reopened the public hearing. 25. Following discussion, it was moved and seconded by Commissioners Daniels/Quill to continue the project to November 8, 2005. Staff to prepare a resolution with alternative findings for denial. Unanimously approved. G:\WPDOCS\PC Minutes\10-25-05.doc ATTACHMENT 5 TO: LA QUINTA PLANNING DEPT. ATTN: WALLY NESBITT , _ _ FROM: ROBERT SMITH, 51425 MADISON l JUN - 6 2005 RE: TENATIVE TRACT MAP NO. 33085 BY CORE HOMES �t r 7ri.H:ai.� iv7: DEAR MFL NESBITT, PEPAP u1EN-' THANK YOU FOR TALKING TO ME ABOUT THE CORE HOMES TENATIVE TRACT MAP NO.33085 FOR THE 4.5 ACRES DIRECTLY NORTH OF OUR 4.5 ACRE DATE RANCH AT 51425 MADISON. AS I TOLD TO YOU, I FEEL % ACRE LOTS ARE NOT CONSISTANT WITH ANY OF THE NEIGHBORING PROPERTIES. IN ADDITION TO MY 4'/z ACRE RANCH TO THE SOUTH, THE 9 ACRES OF THE ORCHARD TO THE NORTH ARE I ACRE LOTS, AND THE POLO ESTATES TO THE WEST ARE 96 ACRES OF 2, ACRE LOTS. ACROSS THE STREET TO THE EAST ARE THE POLO GROUNDS YET TO BE DEVELOPED BUT HOPEFULLY THEY WILL LEAVE A GOOD AMOUNT OF OPEN SPACE. OVER THE YEARS THE DEVELOPERS HAVE DESTROYED A GOOD DEAL OF THE THINGS THAT MADE LA QUINTA GREAT AND I HOPE WE CAN TRY TO MAINTAIN WHAT IS LEFT OF THE TREES AND OPEN AREAS. WE NOW HAVE THE OPPORTUNITY TO DO THIS AS THE DEMAND FOR LARGER LOTS HAS RECENTLY INCREASED DRAMATICALLY. THE SHAPE OF THE CORE HOMES 4 '/z ACRES LENDS ITSELF MUCH BETTER TO 1 ACRE LOTS. THE ROAD COMES INTO THE MIDDLE OF THE PIECE FROM THE ORCHARD, NOT MADISON. BY COMBINING LOTS 1 +2, 3+4, 5+E, AND 6+7 INTO 1 ACRE LOTS WOULD MAKE THE DEVELOPMENT MUCH MORE COMPATABLE WITH THE ORCHARD. THE LARGER LOTS WOULD REQUIRE LESS PAVED ROAD, BE MORE ATTRACTIVE AND OPEN, AND HAVE BETTER VIEWS. THIS WOULD ALLOW NICER HOMES, GREATER SET BACKS FROM OUR PROPERTY WITH ITS CHEMICALS AND PESTICIDES, AND THE PRESERVATION OF MORE OF THE MATURE CITRUS TREES LOCATED ON THE PROPERTY NOW. I FEEL THAT GOOD PLANNING FOR THIS AREA SHOULD KEEP THE MINIMUM LOT SIZE TO 1 ACRE TO CONFORM WITH WHAT IS ALREADY THERE AND SUCCESSFUL. SINCERELY, ROBERT SMITH Sri 353 ATTACHMENT 6 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 8, 2005 7:00 P.M. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Ladner to lead the flag salute. B. Present: Commissioners Ed Alderson, Richard Daniels, Kay Ladner, Paul Quill and Chairman Kirk. C. Staff present: Community Development Director Doug Evans, City Attorney Kathy Jenson, Assistant City Engineer Steve Speer, Planning Manager Les Johnson, Associate Planner Wallace Nesbit, and Executive Secretary Betty Sawyer II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of the Joint Meeting of October 25, 2005. Commissioner Quill asked that Page 2, Paragraph 2 be amended to read, "...converting to irrigation controllers..."; Paragraph 7, add his comment regarding pavement damage; Page 5`Paragraph 2 changed to read, "...approved in the City to date..." There being no further corrections, it was moved and seconded by Commissioners Quill/Daniels to approve the minutes as corrected. Unanimously` approved. B. Chairman *irk asked if there were any changes to the Minutes of the October /L5, 2005 regular meeting. There being no changes to the minute it was moved and seconded by Commissioners Daniels/Alderson to app)ove the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. e Continued - Environmental Assessment 2005-537 and Tentative Tract Map 33085; a request of Core Homes, LLC for consideration of: 1) G:\WPDOCS\PC Minutes\11-8-05.doc Planning Commission Minutes November 8, 2005 Certification of a Mitigated Negative Declaration of environmental impact; and 2) the subdivision of 4.3 acres into seven single-family lots for the property located at the southwest corner of Madison Street and Beth Circle, north of Avenue 52. 1 . Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which was on file in the Community Development Department. Staff noted Condition No. 71 was modified to state south and west property lines. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Quill asked for clarification as to whether or not there were approved tracts in the City of Indio that were 3.5 units to the acre. Staff stated the applicant could answer that better, but the notations indicated there were approved maps. Chairman Kirk stated to his knowledge, there were no approved tracts, but an approved specific plan that generally allows three to three and a half units to the acre. 3. Commissioner Alderson asked about the perimeter trees. Staff explained the layout of the landscaping. 4. Commissioner Daniels asked if Beth Circle was to be a public street. Staff stated no, it will be a gated entry for this tract and the tract to the north and the maintenance will be worked out between the two tracts. Commissioner Daniels asked about the radius at the northern end of the hammer head. Staff stated no concerns were raised by the Fire Marshall or the Public Works Department. 5. Commissioner Ladner noted she was absent at the last meeting and asked the density of the tract to the north. Staff stated it was between .8 and .9 units to the acre. This tract is 1 .6 units to the acre. 6. Chairman Kirk asked if this figure was net dwelling units to the acre. Staff stated the lots are about eight tenths of an acre. Chairman Kirk asked if there were any additional discussions regarding retention. Assistant City Engineer Steve Speer stated no, there has been none. G:\WPDOCS\PC Minutes\11-8-05.doc Planning Commission Minutes November 8, 2005 7. Commissioner Alderson asked if the gating off Madison Street has been approved by the tract to the north. Staff stated that to staff's knowledge this has been done, but a condition has been added to the tract to require the gated entry. 8. Chairman Kirk asked if the applicant would like to address the Commission. Mr. David Turner, Coachella Valley Engineers, representing the applicant, gave the history of the project site and surrounding properties. Mr. David Neale, owner of the property reviewed the modifications that had been made to the tract map based on the Commission's comments from the last meeting. 9. Chairman Kirk asked if there were any questions of the applicant. Commissioner Alderson asked for clarification on whether there were one or two rows of trees on the outside of the perimeter wall. Staff reviewed the location of the trees on the site plan. 10. Commissioner Quill noted the trees do not fit the grid as shown conceptually. Staff noted they will be relocated to accommodate the site plan. Mr. Turner further explained the tree planting scheme. 1 1. Chairman Kirk asked staff to clarify whether the Code requires the applicant to provide a full landscape plan at this stage. Community Development Director Doug Evans stated that it does not. The applicant was directed by staff to bring back a landscape plan that would be acceptable to the Commission in evaluating the project. Chairman Kirk asked staff to consider the process as applications are submitted to the City to require more detailed landscape plans early on in the process. 12. Commissioner Quill asked if an applicant could pull grading permits at the tentative tract phase prior to the Commission reviewing a landscaping plan. Associate Planner Wallace Nesbit stated they can obtain clearing and grubbing permits. If they choose, they could pull every tree out at this point without a tract map approval. 13. Chairman Kirk asked if anyone else would like to address the Commission. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened the discussion among the Commission. G:\WPDOCS\PC Minutes\11-8-05.doc Planning Commission Minutes November 8, 2005 14. Commissioner Alderson commented the landscape plan is an excellent design and he still supports the project. 15. Commissioner Ladner stated she does not see any impact of this tract to the neighboring properties. She has no objection to the half acre parcels. 16. Commissioner Quill asked that a modification to the conditions be added to require the trees on Madison Street be kept in the parkway in their current location so as not to relocate them. 17. Commissioner Daniels suggested the wall meander to keep the trees. 18. Following discussion, it was moved and seconded by Commissioners Alderson/Ladner to adopt Planning Commission Resolution 2005-055 recommending certification of Environmental Assessment 2005-537, as recommended. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 19. It was moved and seconded by Commissioners Quill/Ladner to adopt Planning Commission Resolution 2005-056 recommending approval of Tentative Tract Map 33085, as recommended and amended: a. Condition #90: Modified to require the perimeter wall be meandered to save as many of the perimeter trees in the parkway in their current location without damage to the trees or root ball. Also the average setback of 32 feet on Madison Street and Beth Circle shall be retained. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. B. Condition Use Permit 2004-085, Extension #1; a request of Nextel of California for nsideration of a time extension to construct a 230 square foot one-story un nned telecommunication building and 60-foot high antenna, camouflage a palm tree for the property located at the southwest corner of Ave�5.4 and Madison Street. G:\WPDOCS\PC Minutes\11-8-05.doc U of O COUNCIL/RDA MEETING DATE: December 6, 2005 ITEM TITLE: Public Hearing to Adopt an Ordinance Approving a Development Agreement for Parking Management to Allow Construction of a ± 10,709 Gross Square -Foot, Two -Story Retail/Office Building, in The Village at La Quinta, as Approved Under Village Use Permit 2005-027 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 3 Move to take up Ordinance No. by title and number only and waive further reading; and Motion to introduce Ordinance No. on first reading. FISCAL IMPLICATIONS: Approval of the Development Agreement would result in revenue of up to $180,000, which would be earmarked for future Village parking improvements. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: Village Use Permit 2005-027 was approved by the Planning Commission on July 26, 2005, under Planning Commission Resolution 2005-033. One of the approval condition requirements (Condition No. 44) was that the developer and the City enter into a Development Agreement for the purpose of clarifying the applicant's parking obligations associated with development of the project. The proposed building is a 10,709 gross square foot structure intended for general office and retail uses (Attachment 1). The project is required to provide 42 parking spaces, and 25 spaces have been approved. The subject property size and configuration makes compliance with parking requirements impractical and likely infeasible. Options available were to process a variance, have the applicant revise the project to reduce building area, require acquisition of off -site land to provide parking, or other alternatives such as the use of a development agreement for parking management. The staff report originally prepared for the project was presented on July 26, 2005. The Planning Commission meeting minutes from that date are included (Attachment 2). The Development Agreement (Attachment 3) sets forth a contractual obligation to provide required parking, in part through assessment of a parking fee to pay for future facilities that would provide a benefit to the Village as a whole. The Development Agreement has a 10-year term, and must be approved by the City Council prior to issuance of any grading and/or building permit. The key points of the Development Agreement are: • Developer to pay $12,000 per space, into a City Parking Fund for each deficient space for the project. A credit of two spaces for available on -street parking on Calle Estado is approved. The deficient number of spaces with this credit is 15, requiring a payment of $1 80,000. The Development Agreement provides for reimbursement to the developer if the pending Village area parking study determines a lesser per -space fee; conversely, the developer is under no obligation to reimburse the City if that fee is determined as a higher amount. The City's reimbursement obligation terminates one year after the date of the Development Agreement. • The required Parking Fund payment shall be paid prior to issuing any grading and/or building permit for the project. In addition, the project approval is not effective unless and until the Development Agreement has been approved by City Council. • Developer agrees not to restrict parking on his property; project parking areas shall be available for public use when on -site businesses are closed. Employees associated with these businesses shall be encouraged to park in the Redevelopment Agency -owned parking lot at Avenida Montezuma and Avenida Bermudas. Staff is currently in the selection process for a consultant to prepare a Village Parking Study, which was approved in this year's budget. The study will evaluate parking utilization, demand, programs and options. Additionally, the RDA has completed the parking improvements at the existing RDA -owned parking facility at Avenida Montezuma and Avenida Bermudas. These projects will work in concert with this Development Agreement, as development and implementation mechanisms, to address the parking needs of the Village. Public Notice This case was advertised in the Desert Sun newspaper on November 25, 2005. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required. To date, no comments have been received. Any correspondence received before the meeting will be transmitted to the City Council. Planning Commission Action On November 22, 2005, the Planning Commission held the required public hearing, and, on a 4-0 vote (Chairman Kirk was absent), took action to recommend approval of the Development Agreement by adoption of Planning Commission Resolution 2005- 065. There was no testimony presented at the public hearing. The applicant was in attendance but did not provide any testimony or comments. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Move to take up Ordinance No. by title and number only and waive further reading; and Motion to introduce Ordinance No. on first reading, to grant City Council approval of Development Agreement 2005-008. 2. Do not move to take up, and introduce, said Ordinance No. ; 3. Continue this item for further consideration; or 4. Provide staff with alternative direction. Respectively submitted, r-. Douglas R vans Community Development Director Approved for submission by, �J Thomas P. Genovese, City Manager Attachments: 1 . Location Map 2. Planning Commission Meeting Minutes from 7/26/05 and 1 1 /22/05 (excerpts) 3. Recommended Draft Development Agreement for VUP 2005- 027 (Plaza Estado) r �$ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CALLE ESTADO, LLC DEVELOPMENT AGREEMENT 2005-008 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, the Planning Commission of the City of La Quinta did, on the 22nd day of November, 2005, hold a duly noticed Public Hearing to consider the Development Agreement, and did in fact adopt Planning Commission Resolution 2005-065, recommending approval to the City Council; and, WHEREAS, the City Council of the City of La Quinta, California ("City Council"), did on the 6th day of December, 2005, hold a duly noticed public hearing to consider the Development Agreement Amendment; 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 the Development Agreement: 1. The proposed Development Agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan, and the Conditions of Approval for Village Use Permit 2005-027, as approved and adopted under La Quinta Planning Commission Resolution 2005-033. 2. The land use authorized and regulations prescribed for the Development Agreement are compatible with the zoning and its related regulations now applicable to the property. The site is zoned Village Commercial, which permits variations to the City's parking requirements. The proposed parking provisions of Village Use Permit 2005-027, in conjunction with approval of this Development Agreement, will provide assurance that the intent of applicable land use regulations are met by the project. r Ordinance No. Development Agreement 2005-008 Calle Estado, LLC Adopted: December 6, 2005 Page 2 3. The proposed Development Agreement conforms to the public convenience and the general welfare, by providing the means for public parking improvements, and conforms to good land use practice by requiring an acceptable alternative for the provision of parking, to accomplish development of the contemplated commercial project. 5. Approval of this Development Agreement will not be detrimental to the health, safety, and general welfare since adequate provision has been made in previous City approvals, specifically Village Use Permit 2005-027, to provide for necessary and desirable improvements, with these approvals incorporated herein. 6. Approval of this Development Agreement will not adversely affect the orderly development of the subject or surrounding property, nor the preservation of area -wide property values, but conversely, will enhance them by encouraging planned, phased growth. 7. Approval of this Development Agreement will have a positive fiscal impact on the City, as it will provide supplemental funding towards necessary public parking improvements in the Village at La Quinta, which might otherwise be unattainable given currently available funding sources. 8. Consideration of this Development Agreement 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 the Development Agreement in the form presented to the City Council concurrent with the approval and adoption of this Ordinance, and authorizes and directs the City Manager to sign the Development Agreement on behalf of the City, and the City Clerk to record the Development Agreement in the Official Records of Riverside County in accordance with applicable law. Ordinance No. Development Agreement 2005-008 Calle Estado, LLC Adopted: December 6, 2005 Page 3 SECTION 2. ENVIRONMENTAL. The environmental determination for Village Use Permit 2005-027, as a Categorical Exemption under the Guidelines for Implementation of the California Environmental Quality Act, Section 15332 (Infill Development), was confirmed and adopted by the Planning Commission under Planning Commission Resolution 2005-033. Said determination, along with the approval for Village Use Permit 2005-027, was adopted by Planning Commission on July 26, 2005. The Development Agreement does not involve changes to the project itself, and there have been no changes in circumstances or new information regarding the project or its setting that would require any subsequent environmental review, pursuant to Section 15162 of the CEQA Guidelines. 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. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 61h day of December, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Ordinance No. Development Agreement 2005-008 Calle Estado, LLC Adopted: December 6, 2005 Page 4 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 Ordinance No. Development Agreement 2005-008 Calle Estado, LLC Adopted: December 6, 2005 Page 5 STATE OF CALIFORNIA 1 COUNTY OF RIVERSIDE) § 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.409 that was introduced at a regular meeting on the 51h day of October, 2004, and was adopted at a regular meeting held on the 19`h day of October, 2004, 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 October 22, 2004, pursuant to City Council Resolution. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California 0000000 / � � r \ W W C � Yr M1 tT x � CEn A3 B `O 0• B "O I O• B O 3 a B 3mtn t� 110 qq gI 5 5 0 C xmm r D C rut N 1 r C v 0D� O Yw C � L v ILfyl/ YIU I e O . I O m r Z1�y YMt YlG YLL 0 O41Gl 0 IIrG ' Ywt - � _ � o n Z n Z. _ ^ _ I O I Gcrt it ' O ni Z r z n y O D D jn w (� w I Y au 02"16 Z 1 uwt I � 1 1 1 0 _1 �-r - � O � � � • I w O 'C i ao w O --- -- ' - _ �I y JH Qr ffl0ie rat O w �1 l Q `si ��N I O• � I O� I � U701Il, N 1.91 rgi Gnit _13 O� . /L`� �o Description: Riverside, CA Assessor Map 770.15 Page: 1 of 21 Order. sta rosa radius Comment: ATTACHMENT #2 Planning Commission Minutes July 26, 2005 has a problem burdening this applicant with the costs involved to solve the problem. Staff stated the master developer has the opportunity to pass the costs on, rather than putting the cost on each parcel owner. 14. It was moved and seconded by Commissioners Alderson/Ladner to adopt Planning Commission Resolution 2005-031 recommending certification of an Addendum to Environmental Assessment 97- 337, as recommended. ROLL CALL: AYES: Commissio,riers Alderson, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: Commissioner Daniels. ABSTAIN: None. 15. It was moved and,' seconded by Commissioners Quill/Alderson to adopt Planning Commission Resolution 2005-032, recommending approval of Specific Plan 97-029, Amendment No. 4, as amended: a. Cond4ion #60. Deleted. ROLL CALL: AYES: Commissioners Alderson, Ladner, Quill and Chairman K�rk. NOES: None. ABSENT: Commissioner Daniels. ABSTAIN: None. Commissioner Quill ask d staff to report back on the Christmas storage containers for the large box users anhow they will be screened. --^� B. Village Use Permit 2005-027; a request of South West Concepts for consideration of development plans, including a Parking Management Agreement, for the construction of a + 10,709 square foot two-story retail/office building in the Village at La Quinta. 1 . Chairman Kirk excused himself due to the close proximity of his residence and this application and left the dais. 2. Vice Chairman Quill opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 3. Vice Chairman Quill asked if there were any questions of staff. Commissioner Alderson commended the applicant on the application. His concern is on a zero lot line on the westerly face, G:\WPDOCS\PC Minutes\7-26-05.doc Planning Commission Minutes July 26, 2005 there is a two-story building backing up to a narrow parking lot and this building will be overwhelming. He asked if the treatment proposed for this elevation would be a tile application or painted. Staff stated it will be recessed with a tile inset. It is difficult as the applicant cannot protrude out past the property line. Commissioner Alderson stated he agrees this treatment is better than a mural. 4. Vice Chairman Quill asked if the applicant would like to address the Commission. Mr. Steve Nieto, Southwest Concepts, gave a presentation on the project. He requested the discretion on what materials would be used on the front of the building. 5. Vice Chairman Quill asked if there was any detail proposed in the wrought iron as well as whether or not the tile would be two- piece. Mr. Nieto stated there is some detail in the wrought iron. In regard to the tile, it will be a fully mudded two-piece tile. 6. Commissioner Alderson asked if the pedestrian walkway was going to be expanded. Staff discussed this with the applicant and asked that it be widened to eight feet. Mr. Nieto stated they were willing to widen it to eight feet. 7. Vice Chairman Quill asked if there was any other public comment, there being none, the public participation portion of the hearing was closed and open for Commission discussion. 8. Commissioner Ladner asked if there were any other lots available for parking in the area. Community Development Director Doug Evans explained the City's plans to alleviate the parking issues in the Village. 9. Vice Chairman Quill asked about the two parking spaces that abut the adjoining lot. Will these lots connect to the lot next door in the future? Staff stated the applicant needed to provide as many parking spaces as possible. Community Development Director Doug Evans stated that should the adjoining site ever develop in such a manner to allow the connection, the opportunity is there. 10. It was moved by Commissioners Alderson/Ladner to adopt Planning Commission Resolution 2005-033, approving Village Use Permit 2005-027, as amended: a. Condition added: The pedestrian walkway will be widened r 'I U G:\WPDOCS\PC Minutes\7-26-05.doc Planning Commission Minutes July 26, 2005 to eight feet. b. Condition added: the three parcels shall be merged and recorded. ROLL CALL: AYES: Commissioners Alderson, Ladner, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk and Commissioner Daniels. ABSTAIN: None. Chairman Kirk �ejoined the Commission. A Site Devel m consideratio + 23,760 sqd� of Washington mt Permit 2005-814; a request of Entin Family Trust for of revised architectural plans for construction of a re foot two-story office building located on the east side ,\Street, + 960 feet north of Fred Waring Drive. 1 . Chairman Kirk opened the public hearing and asked for the staff report. As'ociate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which was on file in the Comm�nity Development Department. 2. Chairman Kirk aske staff about a reciprocal access with the adjoining property. Sfipff explained the considerations staff made in regard to requiring thpplicant to provide a reciprocal access with the adjoining prope y. Community Development Director Doug Evans stated that aft r reviewing the applicant's request it was determined the applicant was requesting architectural changes only and after reviewing the X,oblems with a reciprocal access, staff determined it was not app opriate at this time. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Albert Barcelo,presenting Ware Malcomb Architects, explained their request as only for architectural changes to hide the mechanical equipm' nt on the roof. 4. Chairman Kirk asked if there was any other ` ublic comment, there being none, the public participation portionf the hearing was closed and open for Commission discussion. \ 5. Commissioner Quill asked if there was any way t resolve the access at a later date. When the 25-acre and one acre 'ece come in for development review, can it be addressed at that time Staff explained they were reviewing a preliminary site plan for tN 25- acre parcel. Staff is asking the developer to develop the entire Nte G:\WPDOCS\PC Minutes\7-26-05.doc ATTACHMENT #3 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 This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103) DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF LA QUINTA ("CITY") THE LA QUINTA REDEVELOPMENT AGENCY ("AGENCY") AND CALLE ESTADO, L.L.C. A CALIFORNIA LIMITED LIABILITY COMPANY ("DEVELOPER") 21561015610-0057 627103.01 a10r2W05 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of the day of 2005 ("Reference Date"), by and among the CITY OF LA QUINTA, a California municipal corporation and charter city (the "City"), the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency" and, collectively with the City, the "City Entities") and CALLE ESTADO L.L.C., a California limited liability company (the "Developer"), with reference to the following: RECITALS A. Government Code Sections 65864-65869.5 (the "Development Agreement Act") authorize the City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property. B. Pursuant to Section 65865 of the Government Code, the City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing procedures and requirements for such development agreements ("Development Agreement Ordinance"). C. Developer owns the 0.34 acre parcel of real property ("Site") located at the southwest corner of Calle Estado and Desert Club Drive, in the City of La Quinta, County of Riverside, State of California, which Site is legally described in Exhibit "A" attached hereto, and which is the subject of this Agreement. D. Prior to the execution of this Agreement, the City approved Village Use Permit No. 2005-027 (the "VUP"), subject to conditions of approval. The VUP provides planning and development criteria for a proposed project on the Site, which project is commonly known as Calle Estado (the "Project"). The Project will consist of the development of the Site with a proposed 10,709 gross square foot structure intended for general retail and office uses; the first floor will contain approximately 3,854 square feet of gross floor area as retail uses and the second floor will contain 5,541 square feet of gross floor area as general office uses. A 25-space parking lots will occupy the remainder of the Site. The building will be generally situated on the north portion of the Site, with the front of the building facing Calle Estado. The City has also approved Parcel Map No. The VUP and the Parcel Map are known as the "Development Plan". E. The City's Municipal Code requires that a total of 42 parking stalls be provided to service the Project. The Site is situated such that only 25 of the 42 required parking stalls are available for the Project. While the Project requires an additional 17 parking stalls, the La Quinta Municipal Code permits the City to credit 2 street -side parking spots towards the Projects parking obligation. To fulfill the remaining parking requirements for the Project, the VUP was conditioned on the Developer entering a development agreement with the City Entities to require the Developer to pay a parking fee in exchange for the City crediting 15 parking stalls in the Agency -owned parking lot (which lots is located at the northwest corner of Avenida Bermudas and Avenida Montezuma, in the City of La Quinta, County of Riverside, State of California, 2156/015610-0057 627103.01 a10/20/05 which parking lot is legally described in Exhibit "B" attached hereto (the "Agency Parking Lots") towards fulfilling the Project's parking obligation of providing 42 parking stalls. The Agency Parking Lot is located in close proximity to the Site and is within close walking distance of the Site. The parties to this Agreement agree and acknowledge that the Agency is entering this Agreement for the sole and exclusive purposes of providing its consent, as provided in Section 2.4.1, to the crediting of 15 parking stalls on the Agency Parking Lots towards the Project's parking and for no other purpose. Without limiting the City's use of these fees, it is intended that the fees paid by the Developer shall be used to add or provide additional parking in the future. F. The Development Plan also requires, in addition to the fee described above, and as consideration for the City crediting 15 parking stalls in the Agency Parking Lots towards the Project's parking obligation, that the City and Developer enter an agreement providing that the parking stalls located on the Site shall be available for use by the general public during hours when the on -Site businesses are closed. G. Consistent with Section 9.250.030 of the La Quinta Municipal Code, the parties desire to enter into a binding agreement for purposes of (i) setting forth a per -parking stall up- front payment for the Developer's payment to the City of certain fees that the parties agree are designed to compensate the City for (A) the crediting of 15 parking stalls located in the Agency Parking Lot towards fulfilling the Project's parking obligation; and (B) the potential added wear and tear on the municipal infrastructure which will result from the Development Plan and the crediting of the parking stalls in the Agency Parking Lots; (ii) requiring the Developer and its successors -in -interest to provide public parking on the Site; and (Ili) granting Developer a vested right to develop the Site according to the Development Plan. F. Among other purposes, this Agreement is intended to be, and shall be construed as, a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Development Plan, all as more particularly set forth herein. G. The City Council has determined that the Project and this Agreement are consistent with the City's General Plan, including the goals and objectives thereof. H. All actions taken by City and Agency 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. I. On , the City Council adopted its Ordinance No. approving this Agreement. On the Agency adopted Resolution No. approving this Agreement for the sole and exclusive purpose of consenting to the 2156/015610-0087 627103.01 W/20/05 t crediting of 17 parking stalls located on the Agency Parking Lots towards fulfilling the Project's parking obligations. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1.0 GENERAL. 1.1 Term. The term of this Agreement (the "Term") shall commence on the Effective Date hereof and shall continue for ten (10) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto after the satisfaction of all applicable public hearing and related procedural requirements. 1.2 Effective Date. This Agreement shall be effective, and the obligations of the parties hereunder shall be effective, as of , which is the date that Ordinance No. takes effect ("Effective Date"). 1.3 Amendment or Cancellation. Except as expressly stated to the contrary herein, this Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Section 65867-65868 and the City's Development Agreement Ordinance. 1.4 Tenmination. Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Development Plan, as defined in Section 2.1, below. 1.5 Incorporation of Recitals. The recitals are hereby incorporated into this Agreement. 2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF THE PROJECT. 2.1 Right to Develop. Subject to the terms, conditions, and covenants of this Agreement, Developer's right to develop the Project in accordance with the Development Plan (and subject to the conditions of 2156/015610-0087 627103.01 a10,'20i05 approval thereof (the "Conditions of Approval") which, among other conditions of approval associated with future approvals and pen -nits issued by the City, include but are not limited to the conditions of approval set forth in Exhibit "C" attached hereto) shall be deemed vested upon execution of this Agreement, which vesting shall expire upon the earlier of the following occurrences: (a) termination of this Agreement; or (b) an uncured material default by Developer of this Agreement. Except for the expiration set forth in clause (a) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate the obligations of Developer under this Agreement. Notwithstanding anything in this Agreement to the contrary, the Project shall remain subject to the following, to the same extent it would without this Agreement: (i) all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees existing on the Effective Date of this Agreement (collectively, the "Existing Development Regulations"); (ii) all amendments or modifications to Existing Development Regulations after the Effective Date of this Agreement and all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees enacted or adopted after the Effective Date of this Agreement (collectively, "New Laws"), except such New Laws which would prevent or materially impair Developer's ability to develop the Project in accordance with the Development Plan, unless such New Laws are (A) adopted by the City on a City wide -basis and applied to the Site in a non-discriminatory manner, (B) required by a non -City entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non -City law or regulation would cause the City to sustain a loss of funds or loss of access to funding or other resources), or (C) New Laws the City reserves the right to apply under this Agreement, including, but not limited to, Sections 2.2 and 3.3.4; (iii) all subsequent development approvals and the conditions of approval associated therewith, including but not limited to any further site development permits, tract or parcel maps, and building permits; (iv) the payment of all fees or exactions in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable; and (v) the reservation or dedication of land for public purposes or payment of fees in lieu thereof as required at the time such reservations or dedications or payments in lieu are required under applicable law to be made or paid. 2.2 Additional Applicable Codes and Regulations. Notwithstanding any other provision of this Agreement, the City also reserves the right to apply the following to the development of the Project: 2.2.1 Building, electrical, mechanical, fire and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta �• 2156/015610-0087 627103.01 a10.120/05 �s ` Municipal Code, as existing on the Effective Date of this Agreement or as may be enacted or amended thereafter, applied to the Project in a nondiscriminatory manner. 2.2.2 In the event of fire or other casualty requiring construction of more than fifty (50%) percent of any building previously constructed hereunder, nothing herein shall prevent the City from applying to such reconstruction, all requirements of the City's Building, Electrical, Mechanical, and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal Code, solely to the extent applicable to all development projects in the City. 2.2.3 This Agreement shall not prevent the City from establishing any new City fees on a City-wide basis and applied to Site in a non-discriminatory manner, including new development impact fees, or increasing any existing City fees, including existing development impact fees, and to apply such new or increased fees to the Project or applicable portion thereof where such new or increased fees may be charged. 2.3 Permitted Density Height and Use Limitations. The permitted uses, density and intensity of use, location of uses, maximum height and size of proposed buildings, minimum setbacks, and other standards applicable to the Project shall be those set forth in the Development Plan and this Agreement, whichever is the strictest. 2.4 Credit of Parking Stalls in the Agency Parking Lots. In exchange for the full performance of the Developer's Obligations described in Section 3, the City shall credit the Developer with 2 street -side parking spots as permitted by the La Quinta Municipal Code and 15 parking stalls in the Agency Parking Lots, which stalls shall be counted towards fulfilling the Project's parking obligations. This Agreement does not operate to create a conveyance, hypothecation, lease, license, sale or any form of transfer of an interest in the parking spots on public streets or the Agency Parking Lots or any exclusive right to use parking stalls in the Agency Parking Lots. Developer shall have the same right to use parking spaces on the public street and in the Agency Parking Lots as members of the general public; provided, however, that Developer shall enforce a policy that encourages Project employees to park their automobiles at the Agency Parking Lots. 2.4.1 Agency Consent. Subject to the obligations of Developer as provided in this Agreement, Agency hereby consents to crediting 15 parking stalls in the Agency Parking Lots towards fulfilling the Project's parking obligations. 3.0 DEVELOPER'S OBLIGATIONS. 3.1 Conditions of Approval. The Developer shall comply with the Conditions of Approval attached hereto as Exhibit "B" as well as all other conditions of approval that have been or may be imposed. Developer acknowledges that additional conditions of approval beyond those set forth in Exhibit "C" may be applicable to the Project if and as associated with future Project approvals. 2156.'015610-0087� �9 627103.01 a10/20/05 3.2 Restriction on the Site. Prior to, and as a condition precedent of, the City's issuance of any building permit for the Project, and immediately following payment of the fees detailed in Section 3.3.2, the Developer shall submit to the City, obtain approval thereof, and record a deed restriction (the "Restriction") against the Site which, in addition to the obligations set forth in the Conditions of Approval, shall (1) require the Developer's payment of the fees as described in Section 3.3, (ii) acknowledge that such fees have been paid and that the parking obligation for the Project is fulfilled by the credit of two street -side parking spots and 15 parking stalls in the Agency Parking Lots; and (iii) provide for the general public's use of Site parking stalls during times when the on -Site businesses are closed as provided by Section 3.5. The Restriction shall be in a form and substance substantially similar to that of the Restriction attached hereto as Exhibit "D". 3.3 Payments to City y Developer. 3.3.1 General. During the Term of this Agreement, Developer shall make the payments to City described in this Section 3.3. The payments under this Section 3.3 are not the exclusive development impact fees for the Project, and nothing in this Section 3.3 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 and this Agreement. 3.3.2 Developer's Payments of Up -Front Parking Fees. Prior to, and as a condition precedent of, the issuance of any building permit for the Site, Developer shall pay or cause to be paid to the City the sum of $12,000.00 per parking space for each of the 15 parking stalls in the Agency Parking Lots being credited towards fulfilling the Project's parking obligations. The total amount of fees due under this provision prior to the issuance of any building permit for the Site shall be $180,000. This fee shall be paid in one lump sum without deduction or offset. 3.3.3 City Parking Fee Study Effect on Payment of 11n-Front Parkine Fees. Independent of Developer's obligations under this Section 3.3.2, the City may choose to prepare a parking study to determine the per -parking stall parking fee to be applied to development in the La Quinta Village area. if the City approves a parking fee within one year of the Reference Date and the fee calculated pursuant to this parking study and approved by the City Council is less than $12,000 per parking stall, then the City shall, within a reasonable time after the adoption of the fee by the City Council, reimburse to Developer that portion of the per space fee that exceeds $12,000. if the fee calculated pursuant to the parking study and approved by the City Council is greater than $12,000 per parking stall, the Developer shall have no obligation under this Development Agreement to pay the increased amount. If the City chooses not to adopt a per -parking stall parking fee for the La Quinta Village area, the Developer shall have no right to seek a refund of the payment described in this Section 3.3.2. The City's obligation under this section to reimburse the Developer shall terminate within one year of the Reference Date. 2156/015610-0087 627103.01 a10/20r05 3.3.4 Other Fees and Charges. Nothing set forth in this Agreement is intended or shall be construed to limit or restrict the City's authority to impose its existing, or any new or increased, fees, charges, levies, or assessments for the development of the Site, or to impose or increase, subject to the required procedure, any taxes applicable to the Site; provided nothing set forth herein is intended or shall be construed to limit or restrict whatever right Developer might otherwise have to challenge any fee, charge, levy, assessment, or tax imposed. Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995, et seq. 3.4 Dedications and Improvements. Developer shall offer such dedications to the City or other applicable public agency, or complete those public improvements in connection with the Project, as specified in the Development Plan and Conditions of Approval. 3.5 Public Use of Site's Parkin Stalls. talls. Once constructed, the parking stalls located on the Site shall be available to the general public for use between the hours of 6:00 p.m. and 2:00 a.m.; provided, however, that Developer (and/or its permitted successors) may reserve five (5) designated spaces for any on -Site businesses that remain open after 6:00 p.m. At the request of Developer, the Director of Community Development may consider increasing the number of designated spaces to equal up to 50% of the on -Site parking spaces if the Director of Community Development determines that an increase in designated spaces is warranted. Any such approval must be in writing to be effective. Developer shall not erect or maintain entry gates, regulated access barriers or any other driveway barrier. Except for signage identifying designated spaces, Developer shall not erect or place any signage on the Site prohibiting public parking during times that on -Site businesses are closed. The parking lot on the Site shall be lighted in conformity with the La Quinta Municipal Code between dusk and 11:00 p.m. every day of the week. 3.6 Indemnification. (a) Developer agrees to and shall indemnify, hold harmless, and defend, the City and Agency and their respective officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of the Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or this Agreement, except to the extent that the liability or claims arise from the City's or the Agency's gross negligence or willful misconduct. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not any insurance policies are applicable. 2156/015610-0057 627103.01 a10720%05 (b) Developer agrees to and shall indemnify, hold harmless, and defend, the Indemnified Parties from any challenge to the validity of this Agreement, the Restriction, or to the City Entities' implementation of their rights under this Agreement; the Developer shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City. (c) In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving claims specified in paragraphs (a) or (b) above, Developer shall provide a defense to the Indemnified Parties, or at the Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense, including attorney's fees, incurred in defense of such claim. The Indemnified Parties shall have the right to select legal counsel of their choice. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. The City Entities shall, at no cost to the City Entities, cooperate with the Developer in any such defense as Developer may reasonably request. 4.0 CITY'S OBLIGATIONS & ACKNOWLEDGEMENTS. 4.1 Scope of Subsequent Review/Confirmation of Compliance Process. Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law, pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of City's Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes. Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate ("Certificate"), in substantially the same form as that attached hereto as Exhibit "E", which shall describe how all applicable Conditions of Approval have been fully complied with. The Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Certificate. 4.2 Project Approvals Independent. All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued, by the City with respect to the Project, constitute independent actions and approvals by the City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of Approval. It is understood by the parties to this Agreement that, pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the term of such approvals and entitlements. r a: 2156!015610-0087 627103.01 al0/20M5 4.3 Review for Compliance. The City shall review Developer's compliance with the terms of this Agreement at least once during every twelve (12) month period following the Effective Date of this Agreement, in accordance with the City's procedures and standards for such review set forth in the City's Development Agreement Ordinance. During such periodic review by the City, the Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The failure of the City to conduct or complete the annual review as provided herein or in accordance with the Development Agreement Act shall not impact the validity of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this Agreement, the City, through the City's Community Development Director, shall, at Developer's written request, issue a Certificate of Compliance to Developer stating that (1) this Agreement remains in full force and effect and (2) Developer is in compliance with this Agreement. The Certificate of Compliance shall be in recordable form, and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer, at its option and sole cost, may record the Certificate of Compliance. 4.4 Satisfaction of VUP Condition. The City hereby acknowledges and agrees that full compliance with this Agreement, among other things, will constitute Developer's satisfaction and compliance with those portions of condition 44 of the conditions of approval for the VUP approved by the City which relate to Developer's obligation to enter into a development agreement for the payment of parking fees and fulfillment of parking obligations. 5.0 DEFAULT; REMEDIES; DISPUTE RESOLUTION. 5.1 Notice of Default. In the event of failure by either party hereto substantially to perform any material term or provision of this Agreement, the non -defaulting party shall have those rights and remedies provided herein, provided that such non -defaulting party has first provided to the defaulting party a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. Without limiting the scope of what is considered "material," the parties agree that Developer's failure to perform any of the obligations contained in Section 3.0 shall be a material default. 5.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than five (5) days [or thirty (30) days for non -monetary defaults] after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within five (5) days [or thirty (30) days for non -monetary defaults], such party shall commence to cure, correct, or remedy such default within such five (5) day period [or thirty (30) day period 2156/015610 0087 627103.01 a10/20i05 for non -monetary defaults], and shall continuously and diligently prosecute such cure, correction or remedy to completion. 5.3 City Remedies. In the event of an uncured default by Developer of the terms of this Agreement, the City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement. In no event shall the City be entitled to consequential, exemplary or punitive damages for any Developer default. For purposes of this Agreement the term "consequential damages" shall include, but not be limited to, potential loss of anticipated tax revenues from the Project or any portion thereof Furthermore, the City, in addition to, or as an alternative to, exercising the remedies set forth in this Section 5.3, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to the City's Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City's Development Agreement Ordinance or the Development Agreement Act. 5.4 Developer's Exclusive Remedies. The parties acknowledge that the City Entities would not have entered into this Agreement if they were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not limited to, the Development Plan, Conditions of Approvals, the Existing Development Regulations or any future amendments or enactments thereto, or the Project, except as provided in this Section. Accordingly, Developer covenants on behalf of itself and its successors and assigns, not to sue the City Entities for damages or monetary relief (except for attorneys' fees as provided for by Section 8.22) for any breach of this Agreement by the City Entities or arising out of or connected with any dispute, controversy, or issue between Developer and the City Entities regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Development Plan, the Conditions of Approval, the Existing Development Regulations or any future amendments or enactments thereto, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or use of a parcel or any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer's sole and exclusive judicial remedies. 6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE. 6.1 Encumbrances on the Project Site. This Agreement shall not prevent or limit the Developer from encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a "Mortgage") securing financing with respect to the construction, development, use or operation of the Project. 4 2156/015610-0087 627103.01 a1020-05 6.2 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement. 6.3 Mortgagee Not Obligated. No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder. 6.4 Notice of Default to Mortgagee-, Right of Mortgagee to Cure. City shall, upon written request to the City, deliver to each Mortgagee a copy of any notice of default given to Developer under the terms of this Agreement, at the same time of sending such notice of default to Developer. The Mortgagee shall have the right, but not the obligation, within five (5) days [or thirty (30) days for non -monetary defaults] after the receipt of such notice from the City, to cure, correct, or remedy the default, or, for such defaults that cannot reasonably be cured, corrected, or remedied within five (5) days [thirty (30) days for non - monetary defaults], the Mortgagee shall commence to cure, correct, or remedy the default within such five (5) day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure to completion. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession of the Site, such Mortgagee shall have the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within such time as is reasonably necessary to cure or remedy said default but in no event more than thirty (30) days after obtaining possession. If any such default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or remedy during such thirty (30) day period, and thereafter diligently pursues and completes such cure. 7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT. 7.1 Successors and Assigns. Developer shall have the right to sell, transfer or assign the Site, or any portion thereof (provided that no such transfer shall violate the Subdivision Map Act, Government Code §66410, et seq.) to any person, partnership, joint 'venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale or transfer shall include, with respect to the Site or the portion thereof sold or transferred, the assigiunent and assumption, in a 2156/015610-0087 627103.01 a1012W05 fully executed written agreement, in whole or in part, of the rights, duties and obligations of the Developer under the terms of this Agreement. Upon such sale, transfer or assignment, Developer shall, with respect to the Site or the portion thereof sold or transferred, be released from any further obligations under the terms of this Agreement, provided: (a) Developer no longer has any legal or equitable interest in the Site or the portion thereof sold or transferred, as applicable; (b) Developer is not, at the time of the transfer, in default under the terms of this Agreement; and (c) Developer has submitted an executed assignment and assumption agreement in a form set forth in Exhibit F. 8.0 MISCELLANEOUS. 8.1 Notices. All notices permitted or required hereunder must be in writing and shall be effected by (i) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (ill) reputable same -day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following parties, or to such other address as any party may from time to time, designate in writing in the manner as provided herein: To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: Community Development Director To Agency: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 Attn: Executive Director With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: M. Katherine Jenson To Developer: Mr. Neiso Moscatel Calle Estado, LLC 2107 Elliot Avenue, Suite 204 Seattle, WA 48121 Telephone: Facsimile: Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. y 2156/015610-OO87 627103.01 a10/20.05 8.2 Force Majeure. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, governmental restrictions imposed or mandated by other governmental entities, governmental restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another party, acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City shall not excuse performance by the City) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. The City and the Developer may also extend times of performance under this Agreement in writing. Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Site, or because of economic or market conditions. 8.3 Binding Effect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Site. 8.4 Independent Entity. The parties acknowledge that, in entering into and performing this Agreement, each of the Developer, the City is acting as an independent entity and not as an agent of the other in any respect. 8.5 Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement, nor be deemed to be a third party beneficiary under this Agreement. Notwithstanding the immediately preceding sentence, the Agency shall be an intended third party beneficiary to this Agreement. 8.6 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and the burdens and benefits hereof shall r 2156/015610-0087 627103.01 a] 0120'05 " bind and inure to the benefit of each of the parties hereto and all successors in interest to the parties hereto for the term of this Agreement. 8.7 Nonliability of City/Agency Officers and Employees. No official, officer, employee, agent or representative of the City or Agency, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any act or omission on the part of the City or Agency. 8.8 Covenant Against Discrimination. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.). 8.9 Amendment of Agreement. This Agreement may be amended from time to time by mutual consent of the original parties or such party to which the Developer assigns all or any portion of its interest in this Agreement, in accordance with the provisions of the City's Development Agreement Ordinance and Government Code Sections 65867 and 65868. 8.10 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either party of any of the covenants or conditions to be performed by the other party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof. 8.11 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the parties. 8.12 Cooperation in Carrying Out Agreement. Each party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order 2156I015610-000 627103.01 a10;20i05 — to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. 8.13 Estoppel Certificate. Any party hereunder may, at any time, deliver written notice to any other party requesting such party to certify in writing that, to the best knowledge of the certifying party, (1) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable inforination requested. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt of such written request. The City Manager, Assistant City Manager, and Community Development Director are each authorized to sign and deliver an estoppel certificate on behalf of the City. The City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 8.14 Construction. This terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa. 8.15 Recordation. This Agreement shall be recorded with the County Recorder of Riverside County at Developer's cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the parties, and any cancellation or termination of this Agreement, shall be similarly recorded. 8.16 Captions and References. The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement. 8.17 Time. Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element. 8.18 Recitals & Exhibits Incorporated• Entire Agreement. The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the 2156�015610-0067 627103.01 W/20;05 parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parole evidence of any prior or other agreement shall be pennitted to contradict or vary the terms hereof. 8.19 Exhibits. Exhibits "A" — "F" to which reference is made in this Agreement are deemed appropriated herein in their entirety. Said exhibits are identified as follows: A Legal Description of Site B Legal Description of Agency Parking Lots C Conditions of Approval D Restriction E Compliance Certificate F General Assignment and Assumption Agreement 8.20 Counterpart Signature Pages. For convenience the parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. 8.21 Authority to Execute. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (ill) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its obligations set forth in this Agreement. 8.22 Governing Law; Litigation Matters. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by any party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in said county, and the parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City Entities 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 of California. In the event of any action between the parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing party in such litigation shall be awarded, in addition to such relief to which such party is entitled, its reasonable attorney's fees, expert witness fees, and litigation costs and expenses. 2156/015610-0087 627103.01 a10120/05 8.23 No Brokers. Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker's fees, or finder's fees which may accrue by means of this Agreement, and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations. IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as of the Reference Date. "DEVELOPER" CALLE ESTADO, L.L.C., a California limited liability company By: Its: By: Its: [Signatures continue on next page.] 2156'015610-0087 627103.01 a1020/05 "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city C ATTEST: June Greek City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney Thomas P. Genovese City Manager "AGENCY" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic Thomas P. Genovese Executive Director ATTEST: June Greek Agency Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson Agency Counsel 21561015610-0087 627103.01 a1012WO5 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] 2156/015610-0087 627103.01 a10/20,'05