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2006 11 21 CCs City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, NOS✓EMBER 21, 2006 — 3:00 P.M. Beginning Resolution No. 2006-116 Ordinance No. 431 CALL TO ORDER Roll Call: Council Members: Henderson, Kirk, Osborne, 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. 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 acquisition of real property is considered. 1. CONFERENCE WITH THE C:ITY'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 SOUTHEAST OF THE INTERSECTION OF HIGHWAY 111 AND LA QUINTA CENTRE DRIVE. PROPERTY OWNERINEGOTIATOR: JOE RISO. n k. City Council Agenda 1 November 21, 2006 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 OWNERAEGOTIATOR: STAMKO DEVELOPMENT CO., CHRIS CLARKE. 3. CONFERENCE WITH LABOR NEGOTIATORS SKI HARRISON, JOHN FALCONER, AND JOHN RUIZ, REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION AND UNREPRESENTED MANAGEMENT AND CONFIDENTIAL EMPLOYEES PURSUANT TO GOVERNMENT CODE SECTION 54957.6 - MEET AND CONFER PROCESS. 4. CONFERENCE WITH LABOR NEGOTIATORS, SKI HARRISON AND THOMAS P. GENOVESE, REGARDING NEGOTIATIONS WITH CITY OF LA QUINTA UNREPRESENTED EMPLOYEES: BUILDING & SAFETY DIRECTOR, CITY CLERK, COMMUNITY DEVELOPMENT DIRECTOR, COMMUNITY SERVICES DIRECTOR,, FINANCE DIRECTOR, AND PUBLIC WORKS DIRECTOR; PURSUANT TO GOVERNMENT CODE SECTION 54957.6. RECONVENE AT 4:00 P.M. PLEDGE OF ALLEGIANCE 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. CONFIRMATION OF AGENDA PRESENTATIONS - NONE WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES 1 . APPROVAL OF MINUTES OF OCTOBER 24, 2006 2. APPROVAL OF MINUTES OF NOVEMBER 7, 2006 4. City Council Agenda 2 November 21, 2006 CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved 'by one motion. 1. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 21, 2006. 2. RECEIVE AND FILE TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT DATED SEPTEMBER 30, 2006. 3. RECEIVE AND FILE TRANSMITTAL OF TREASURER'S REPORT DATED SEPTEMBER 30, 2006. 4. DENIAL OF CLAIM FOR DAMAGES FILED BY ZAIDA BEDELL: DATE OF LOSS - APRIL 20, 2006. 5. ADOPTION OF A RESOLUTION ACCEPTING CASH DONATIONS FROM RUTAN AND TUCKER, ROSENOW SPEVACEK GROUP INC., AND NAI CONSULTING INC. FOR THE EMPLOYEE AWARDS BANQUET. 6. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT MAP 30331, ALTHEA COURT, TRANS WEST HOUSING, INC. T. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE GOLF & PARKS MANAGER TO ATTEND THE GOLF COURSE SUPERINTENDENTS ASSOCIATION OF AME:RICA'S INTERNATIONAL GOLF INDUSTRY TRADESHOW AND CONFERENCE HELD IN ANAHEIM, CALIFORNIA, FEBRUARY 19-23, 2007. 8. ADOPTION OF A RESOLUTION GRANTING APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31910, CA.PISTRANO, LA QUINTA 57 ESTATES, INC. 9. APPROVAL OF CONTRACT CHANGE ORDER NO. 9, AND ACCEPTANCE OF AVENUE 52 STORM DRAIN IMPROVEMENTS, PROJECT NO. 2005-10. 10. APPROVAL OF FISCAL. YEAR 2005/2006 CITY OF LA QUINTA DEVELOPMENT PROJECT FEE REPORT. 11. APPROVAL OF FISCAL. YEAR 2006/2007 CITY OF LA QUINTA ART IN PUBLIC PLACES ANNUAL REPORT. 12. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH OMNIS INCORPORATED TO UPDATE THE CITY'S PAVEMENT MANAGEMENT PROGRAM i(PMP), PROJECT 2006-12. City Council Agenda 3 November 21, 2006 13. APPROVAL OF CONTRACT CHANGE ORDER NO. 2, AND ACCEPTANCE OF FISCAL YEAR 2003/2004 TRAFFIC SIGNAL IMPROVEMENT PROGRAM AT DUNE PALMS ROAD AND DESERT CREST DRIVE AND AT MILES AVENUE EAST OF VERBENA DRIVE, PROJECT NO. 2003-15. 14. ADOPTION OF A RESOLUTION SUPPORTING THE EFFORTS OF THE UNIVERSITY OF CALIFORNIA RIVERSIDE (UCR) FOR A SCHOOL OF MEDICINE. BUSINESS SESSION 1. CONSIDERATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FOSCAL YEAR ENDED JUNE 30, 2006. A. MINUTE ACTION 2. CONSIDERATION OF APPOINTMENT TO THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENT'S HOMELESS TASK FORCE. A. MINUTE ACTION 3. CONSIDERATION OF CORRESPONDENCE FROM ERIC BROWNSON, DATED NOVEMBER 1, 2006, REGARDING NAMING OF THE HOLIDAY TREE LIGHTING CEREMONY. A. MINUTE ACTION STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 11 . ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL. AD HOC COMMITTEE REPORTS 3. CVA.G COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (KIRK) 5. C.V. CONSERVATION COMMISSION (SNIFF) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (RON PERKINS) 7. C.V, MOUNTAINS CONSERVANCY (SNIFF) 8. C.V,W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 9. JACQUELINE COCHRAIN REGIONAL AIRPORT AUTHORITY (OSBORNE) 10. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 11. (PALM SPRINGS DESERT RE;iORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) City Council Agenda 4 November 21, 2006 12. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 13. RIVERSIDE COUNTY CHILD SAFETY COMMISSION (HENDERSON) 14. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 15. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 16. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 17. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 18. SILVERROCK RESORT SUBCOMMITTEE 19. SPHERE OF INFLUENCE SUBCOMMITTEE 20. COMMUNITY SERVICES COMMISSION MINUTES DATED OCTOBER 9, 2006 21. INVESTMENT ADVISORY BOARD MINUTES DATED OCTOBER 11, 2006 22. ARCHITECTURE AND LANDSCAPE REVIIEW COMMITTEE MINUTES DATED OCTOBER 18, 2006 23. PLANNING COMMISSION MINUTES FOR OCTOBER 10 & 24, 2006 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE TO PUBLIC COMMENTS 2. CITY ATTORNEY — NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS B. REPORT ON L.ESLIE: MOURIQUAND'S RESIGNATION FROM THE HISTORIC PRESERVATION COMMISSION, AND AUTHORIZATION TO ADVERTISE FOR APPLICATIONS 4. BUILDING & SAFETY DEPARTMENT REPORT FOR OCTOBER 2006 5. COMMUNITY DEVELOPMENT DEPARTMENT REPORT FOR OCTOBER 2006 A. REPORT OF CITY COUNCIL SUBCOMMITTEE AND UPDATE ON THE SPHERE OF INFLUENCE. 6. COMMUNITY SERVICES DEPARTMENT REPORT FOR OCTOBER 2006 A. LA QUINTA LIBRARY QUARTERLY REPORT FOR JULY THROUGH SEP'TEMBER 2006 ;�. FINANCE DEPARTMENT REPORT — NONE 8. PUBLIC WORKS DEPARTMENT REPORT FOR OCTOBER 2006 %�. POLICE DEPARTMENT REPORT FOR OCTOBER 2006 10. FIRE DEPARTMENT QUARTERLY REPORT — NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. C City Council Agenda 5 November 21, 2006 7--nn P_M_ 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. PRESENTATIONS - NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF THE CITY COUNCIL CERTIFYING A NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2006-576, AND APPROVING GENERAL PLAN AMENDMENT 2006-108, AND ZONE CHANGE 2006-130 (PRE - ANNEXATION ZONING) FOR THE PROPERTY LOCATED NORTH OF THE CURRENT CITY LIMITS, EAST OF WASHINGTON STREET. APPLICANT: CITY OF LA QUINTA. A. RESOLUTION ACTION(S) B. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING C. INTRODUCE ORDINANCE ON FIRST READING 2. PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE CITY COUNCIL AMENDING CHAPTER 9, SECTION 9.140.080 - SUPPLEMENTAL REGULATIONS OF THE LA QUINTA MUNICIPAL CODE REGULATING THE DEVELOPMENT AND USAGE OF FUTURE CONDOMINIUM HOTEL UNITS IN TOURIST COMMERCIAL DISTRICTS AND LIMITING THE CONVERSION OF EXISTING HOTELS TO CONDOMINIUM HOTELS. APPLICANT: CITY OF LA. QUINTA. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE ON FIRST READING City Council Agenda 6 November 21, 2006 ` 3. PUBLIC HEARING TO CONSIDER AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT 2006-012 BETWEEN THE CITY OF LA QUINTA AND LDD SILVERROCK, LLC. A. TAKE UP ORDINANCE: BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE ON FIRST READING 4. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY FOR CONSIDERATION OF A PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN "THE LA QUINTA REDEVELOPMENT AGENCY AND LDD SILVERROCK, LLC FOR THE SALE AND DEVELOPMENT OF 52 ACRES OF AGENCY PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF JEFFERSON STREET AND AVENUE 52 (SILVERROCK RESORT) IN THE LA QUINTA PROJECT AREA NO. 1. A. RESOLUTION ACTION ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on December 5, 2006, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of November 21, 2006, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on November 17, 2006. DATED: November 17, 2006 VERONICA J.' MONTECINO, City Clerk City of La Quinta, California City Council Agenda 7 November 21, 2006 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 777-7103, 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- 7103. 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 meeting.-- 0 City Council Agenda 8 November 21, 2006 Tiht QK&M AGENDA CATEGORY: LJNCIL/RDA MEETING DATE: November 21, 2006 M TITLE: nand Register. Dated November 21, 2006 BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING ZOMMENDATION: Approve Demand Register Dated November 21, 2006 CKGROUND: paid Warrants: 70692 - 70726} 469,176.81 70727 - 70758} 385,659.67 70759 - 70782) 81,730.52 Voids} (2,097.40) Wire Transfers} 329,486.63 P/R 33515 - 33537} 179,455.95 P/R Tax Transfers} 46,526.47 (able Warrants: 70783 - 70963} 2,993,275.85 $4,483,214.50 ;CAL IMPLICATIONS: mand of Cash -City $4,214,371.41 mand of Cash -RDA $268,843.09 0 hn M. Falconer, Finance Director to Y OF LA QUINTA VK TRANSACTIONS 10/26/06 - 11/15/06 /02/06 WIRE TRANSFER - PERS HEALTH /02/06 WIRE TRANSFER - PERS /06/06 WIRE TRANSFER - PERS /06/06 WIRE TRANSFER- ICMA /07/06 WIRE TRANSFER - LANDMARK TOTAL WIRE TRANSFERS OUT $70,094.61 $1,202.96 $44,773.34 $5,865.89 $207,549.83 $329,486.63 r tnO 1 I O t I I N M O to O O In O O \ I Y J I O t 00 0 10 O 0 to O O ti I U Q 1 W O 1 WI.- 1 O ti ti O r 00 r 1 to O M O I x 0 1 H t N 10 to N t to WNcz I UF- 1 O 10 N t r N r U WI i > I Q m I 1 N Ol CL I I O Z I I MI I 1 OC F I I W ix I I a O I I a (D W ! H Z 1 z i t z H 1 h1 [ =1 a I �C -IC •IC it iC is it -K iC is I Z I f W 1 I I I 1 Qm I 000 trmtlnN tnNNMrOtnM OOOOOOoOOOOO to to 00 00 to to 00 00 O 1 \1 to otn 1�Nr 00 tt 00 to NO OHO N00 000000000000 �O •O 00 00 In to 00 00 U 1 W u 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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STUDY SESSION: PUBLIC HEARING: Transmittal of the September 30, 2006 Statement of Revenue and Expenditures for the City of La Quinta. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments:1. Revenue and Expenditures, September 30, 2006 CITY OF LA QUINTA REVENUES - ALL FUNDS 07101/2006 - 0913012006 FUNDS BUDGET RECEIVED o� RECEIVED General $33,124,822.00 $3,963,723.01 12.00% Library 1.855,100.00 9,277.66 0.50% Gas Tax Revenue 855,681.00 363,960.81 42.50% Federal Assistance 202,600.00 0.00 0.00% Urban Forestry 0.00 0.00 0.00% Slesf (Cops) Revenue 102,700.00 285.87 0.30% Local Law Enforcement 0.00 0.00 0.00% Incian Gaming 185,750.00 179,789.68 96.80% Lighting & Landscaping 890.900.00 0.00 0.00% RCTC 0.00 46,831.88 0.00% Development Funding 0.00 0.00 0.00% Crime Violent Task Force 165,560.00 71,537.44 43.20% AB 939 0.00 58,216.69 0.00% Quimby 1,939,900.00 1,275,411.17 65.70% Infrastructure 7,500.00 3,904.99 52.10% Village Parking 0.00 0.00 0.00% South Coast Air Quality 52,400.00 12,800.38 24.40% Cmagllstea 0.00 0.00 0.00% Transportation 1,390,600.00 344,468.21 24.80% Parks & Recreation 446,000.00 105,144.91 23.60% Civic Center 256,000.00 71,388.14 27.90% Library Development 177,500.00 41,504.00 23.40% Community Center 75,300.00 16,268.33 21.60% Street Facility 54,300.00 12.868.58 23.70% Park Facility 13,600.00 3,199.25 23.50% Fire Protection Facility 74,500.00 16,455.79 22.10% Arts In Public Places 138,100.00 33,722.84 24.40% Interest Allocation 0.00 0.00 0.00% Capital Improvement 122,045,487.00 2,651,563.85 2.20% Equipment Replacement 616,500.00 514,503.55 83.50% Information Technology 411,200.00 382.670.28 93.10% Park Equipment & Facility 373,722.00 357,912.19 95.80% SilverRock. Golf 3,427,110.00 325,301.92 9.50% SilverRock Golf 67,426.00 260.55 0.40% LQ Public Safety Officer 2.300.00 2,123.51 92.30% La Quinta Financing Authority 6,617,022.00 3,732,738.97 56.40% RDA Project Area No. 1 53,105,204.00 4,921,832.65 9.30% RDA Project Area No. 2 43,132,743.00 2,871,329.41 6.70% Total $271 807 427.00 $22 390 996.51 8.20% CITY OF LA QU WTA EXPENDITURES • ALL FUN DS 07/01/2006 - 09/30/2006 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $34,113.032.00 $4,965,542.28 $163,902.09 $28,983.58763 14.6% Library 869,275 00 115,000.00 000 754.275.00 13.2% Gas Tax 901,729 00 249,476.97 0.00 652,252.03 27.7% Federal Assistance 466,422.00 0.00 0.00 466.422 00 0.0% Urban Forestry 0.00 0.00 0.00 0.00 0.0% Slesf (Cops) Revenue 101,400.00 0.00 0.00 101.400.00 0.0% Local Law En'arcement 0.00 0.00 0.00 0.00 0.0% Indian Gaming 201,142.00 0.00 000 201,142.00 00% Lighting & Landscaping 890,900.00 222,724.97 0.00 668.175.03 25 0% RCTC 2,374,007.00 46.83188 0.00 2.327,175.12 2.0% DevelopmentAgreement 0.00 000 000 0.00 0.0% CV Violent Crime Task Force 102,700.00 11,720 82 0.00 90,979.18 11.4% AB939 79,430.00 23,329.13 0.00 56,100.87 29.4% (Quimby 116,650.00 0.00 0.00 116,650.00 0 0 % Infrastructure 508,832 00 268,293.28 0.00 240,538.72 52 7% Village Parking (1,893 00) 000 000 (1,893 00) 0.0% South Coast Air Quality 26,600.00 000 0.00 26,600.00 0 0% Cmaq/Istea 0.00 000 000 000 0.0% Transportation 6,704.866.00 282,750.30 000 6,422,115.70 4.2% Parks & Recreation 125,226.00 63,620 79 000 61,60521 50 8% Civic Center 12,101,758.00 149,250.79 000 11,952,50721 1.2% Library Development 0.00 25,864.56 0.00 (25,864.56) 0.0% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 75,000.00 0.00 000 75,000.00 0.0% Park Facility 0.00 0.00 0.00 0.00 0.0% Fire Protection 0.00 11,931.13 0.00 (11,931.13) 0.0% Arts In Public Places 487,050,00 39.777 50 11.292.00 435,980.50 8.2% Interest Allocation 0.00 0.00 0.00 000 0.0% Capital Improvement 122,045,487.00 2,651,663.85 24.00000 119,369,923.15 2.2% Equipment Replacemen: 1,223,545 00 42,21518 26.098.71 1,155,231 11 3.5% Information Technology 681,02000 48,55890 0.00 632,461.10 7.1% Park Maintenance Facility 0.00 0.00 0.00 0.00 0.0% SilverRock Golf 4,224,338.00 566,755.29 0.00 3,657,582.71 13 4% SilverRock Reserve 37,211.00 37,211 00 000 0.00 100.0% Lq Public Safety Officer 2.000.00 0.00 0.00 2,000.00 0.0% La Quinta Financing Autliorib 6,617,146.00 3.736,687.51 000 2,880,458.49 56.5% RDA Project Area No. 1 73,475,302.00 12.970,214.42 0.00 60,505,087.58 17.7% RDA Project Area No. 2 82,549,501.00 4,994,728.77 0.00 77,554,772.23 6.1% Total 99,676.00 24,04 . 2 $225,292.80 3 .8 9. CITY OF LA QUINTA 07/0112006 - 09/3012006 GENERAL FUND REVENUES DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 1,417,600.00 17,353.32 1,400,246.68 1.220% No Low Property Tax Distribution 1.733,500.00 8,252.95 1,725,247.05 0.480% SzlesTax 6,484,125.00 1,348,505.14 5,135,619.86 20.800% Sales Tax Reimbursement 2,161,375.00 0.00 2.161,375.00 0.000% Document Transfer Tax 1,017,200.00 0.00 1,017,200.00 0.000% Transient Occupancy Tax 4,520,000.00 171,277.67 4,348,722.33 3.790% Transient Occupancy Tax - Mitigatior 299,050.00 0.00 299,050.00 0.000% Franchise Tax 1,063,100.00 37 926.16 1,025,173.84 3.570% TOTALTAXES 18.695,950.00 1,583,315.24 17,112,634.76 8.470% LICENSE & PERMITS: Business License 252,300.00 64,959.50 187,340.50 25.750% Animal License 17,000.00 5,156.00 11,844.00 30.330% Building Permits 558,600.00 208,031.78 350,568.22 37.240% Plumbing Permits 84,400.00 30,834.00 53,566.00 36.530% Mechanical Permits 47,600.00 19,064.70 28,535.30 40.050% Electrical Permits 65,500.00 28,671.07 36,828.93 43.770% Garage Sale Permits 10,600.00 3,300.00 7,300.00 31.130% Misc. Permits 91 100.00 41,068.97 50,031.03 45.080% TOTAL LICENSES & PERMITS 1.127,100.00 401,086.02 726.013.98 35.590% FEES: Sale of Maps & Publications 5.500.00 1,375.26 4,124.74 25.000% Community Services Fees 282,300.00 186,869.63 95,430.37 66.200% Finance 2,000.00 0.00 2,000.00 0.000% Bldg & Safety Fees 377,200.00 208.433.54 168,766.46 55.260% Community Development Fees 222,400.00 50,817.50 171,582.50 22.850% Public Works Fees 359 400.00 421 345.35 (61,945.35) 117.240% TOTAL FEES 1,248.800.00 868,841.28 379,958.72 69.570% INTERGOVERNMENTAL Motor Vehicle In -Lieu 2,916,900.00 84,027.10 2,832,872.90 2.880% Motor Vehicle Code Fines 143.800.00 16,768.94 127,031.06 11.660% Parking Violations 25,700.00 17,309.00 8,391.00 67.350% Misc. Fines 137,000.00 37,729.29 99,270.71 27.540% AB939 79,430.00 0.00 79,430.00 0.000% Federal Govt Grants 0.00 0.00 0.00 0.000% County of Riverside Grant 0.00 0.00 0.00 0.000% State of California Grant 8,600.00 12,078.59 (3,478.59) 140.450% Fire Services Credit 4,214,400.00 (16,688.08) 4.231,088.08 -0.400% CSA152 Assessment 202,400.00 0.00 202,400.00 0.000% TOTAL INTERGOVERNMENTAL 7,728,230.00 151,224.84 7,577,005.16 1.960% INTEREST 3,987,300.00 954,667.02 3,032,632.98 23.940% MISCELLANEOUS Miscellaneous Revenue 4,900.00 3,024.45 1,876.55 61.720% Assmnt Dist Surplus 0.00 1,526.16 (1,526.16) 0.000% Other Mitigation Measures 0.00 0.00 0.00 0.000% Litigation settlement 0.00 0.00 0.00 0.000% Cash Over/(Short) 0.00 38.00 (38.00) 0.000% TOTAL MISCELLANEOUS 4,900.00 4,588.61 311.39 93.650% TRANSFER IN 332,542.00 0.00 332,542.00 0.000% TOTAL GENERAL FUND 33,124,822.00 3,963,723.01 29,161,098.99 11.970% P" 0710112006.0913012006 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERALGOVERNMENT: LEGISLATIVE 862,350.00 135,910.06 2,411.98 724.027 96 CITY MANAGER'S OFFICE 1,165,005.00 261,870.34 0.00 903,134.66 ECONOMIC DEVELOPMEN 1,652,000.00 483,368.39 0.00 1,168,631.61 PERSONNEL/RISK MGT 1,124,053.00 350,854.44 0.00 773,198.56 TOTAL GENERAL GOVERNMENT 4,803,408.00 1,232,003.23 2,411.98 3,568,992.79 CITY CLERK 597,804.00 130,503.09 1,843.23 465,457.68 TOTAL CITY CLERK 597.804.00 130,503.09 1,843.23 465,457.68 COMMUNITY SERVICES FINANCE: PARKS & RECREATION AD 1,162,307.00 213,424.23 41.453.58 907,429.19 SENIOR CENTER 388,971.00 83,76585 2,427.43 302,77772 PARKS & RECREATION PR 173,196.00 34,144.38 271.00 138,780.62 LIBRARY 869,275.00 256,02704 0.00 613,247.96 PARK MAINTENANCE 1,210,810.00 581,64605 2,492.00 626,671.95 TOTAL COMMUNITY SERVICES 3,804,559.00 1,169,007.55 46,644.01 2,588,907.44 FISCAL SERVICES 874,277.00 209,687.24 0.00 664,589.76 CENTRAL SERVICES 398,317.00 130,585.56 0.00 267,731.44 TOTAL FINANCE 1,272,594.00 340,272.80 0.00 932.321.20 BUILDING & SAFETY: BUILDING & SAFETY - ADM 378,912.00 81,659.25 0.00 297,252 75 BUILDING 1,011,186.00 312,511.95 0.00 698,674.05 CODE COMPLIANCE 906,091.00 194,396.05 60.883.83 650,811.12 ANIMAL CONTROL 419,510.00 100,564.43 0.00 318,945.57 CIVIC CENTER BUILDING{ 1,098,408.00 140,141.50 47.77 958,218.73 TO"AL BUILDING & SAFETY 3,814,107.00 829,273.18 60,931 60 2,923,902.22 PUBLIC SAFETY: POLICE SERVICES 9,455,117.00 105,882.94 1,244.65 9,347,989.41 FIRE 4,214,373.00 26,982.52 0.00 4,188,390.48 EMERGENCY SERVICES 182,949.00 535.00 0.00 182,414.00 TOTAL PUBLIC SAFETY 13,852,439.00 132,400.46 1,24465 13,718,793.89 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMEI 1,458,227.00 184,17774 000 1,274,049.26 CURRENT PLANNING 874,846.00 124,158 80 2.202.40 748,484.80 TOTAL COMMUNITY DEVELOPMENT 2,333,073.00 308,336 54 2,202 40 2,022,534.05 PUBLIC WORKS: (389,171.00) PUBLIC WORKS ADMINIST 590,813.00 100,705.47 6,850.50 483,257.03 DEVELOPMENT & TRAFFIC 1,104,442 00 248,224.39 5,42&26 850,789 35 MAINT/OPERATIONS -STR 2,334,699.00 512,169.40 33.76184 1,788,767.76 MAINT/OPERATIONS - LTG, 1,975,596.00 414,004.53 000 1,561,591.47 MAINT/OPERATIONS -TRA 373,542.00 33,236.14 1.258.26 339,047.60 CONSTRUCTION MANAGEI 981,552.00 261,207.25 1,325.36 719,019.39 TOTAL PUBLIC WORKS 7,360,644.00 1,569,547.18 48,624.22 5.353.301.60 TRANSFERS OUT 1,503,459.00 133.37900 0.00 1,370,080.00 GENERAL FUND REIMBURSEMENTS (5,229,055.00) (879180.75) 000 (4,349,874.25) NET GENERAL FUND EXPENDITURES 34,113,032.00 4,965,542.28 163,902.09 28,983,587.63 CITY OF LA QUENTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 1,814.300.00 0.00 1,814,300.00 0.000% Contributions 0.00 0.00 0.00 0.000% Interest 40,800.00 9,277.66 31,522.34 22.740% TOTAL LIBRARY 1,855,100.00 9,277.66 1,845,822.34 0.500% GAS TAX REVENUE: Section 2105 224,400.00 39,263.53 185,136.47 17.500% Section 2106 158,100.00 27,540.69 130,559.31 17.420% Section 2107 299,100.00 53,229.39 245,870.61 17.800% Section 2107.5 6,200.00 6,000.00 200.00 96.770% Traffic Congestion Relief 159,881.00 233,680.74 (73,799.74) 146.160% Interest 7,900.00 4,246.46 3,653.54 53.750% TOTAL GAS TAX 855,581.00 363,960.81 491,620.19 42.540% FEDERAL ASSISTANCE REVENUE: CDBG Grant 202,600.00 0.00 202,600.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL FEDERAL ASSISTANCE 202,600.00 0.00 202,600.00 0.000% URBAN FORESTRY Grant Revenue 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL URBAN FORESTRY 0.00 0.00 0.00 0.000% SLESF (COPS) REVENUE: SLESF (Cops) Funding 100,000.00 0.00 100,000.00 0,000% Interest 2,700.00 285.87 2,414.13 10.590% TOTAL SLESF (COPS) 102,700.00 285.87 102,414.13 0.280% LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL LLEBG 0.00 0.00 0.00 0.000% INDIAN GAMING Grant revenue 177,250.00 177,250.00 0.00 100.000% Interest 8,500.00 2,539.68 5,960.32 29.880% TOTAL INDIAN GAMING 185,750.00 179,789.68 5,960.32 96.790% LIGHTING & LANDSCAPING REVENUE: Assessment 890,900.00 0.00 890,900.00 0.000% Developer 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LIGHTING & LANDSCAPIN 890,900.00 0.00 890,900.00 0.000% RCTC RCTC Funding 0.00 46,831.88 (46,831.88) 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL RCTC 0.00 46,831.88 (46,831.88) 0.000% DEVELOPMENT AGREEMENT FUND Mitigation Measures 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL DEV AGREEMENT 0.00 0.00 0.00 0.000% CRIME VIOLENT TASK FORCE Member Contributions - Carryover 70,000.00 68,010.71 1,989.29 97.160% Grantrevenue -JAIB 87.960.00 0.00 87,960.00 0.000% CLET Line 6,000.00 3,191.07 2,808.93 53.180% Interest 1600.00 335.66 1,264.34 20.980% TOTAL CRIME VIOLENT TASK FO 165,560.00 71,537.44 94,022.56 43.210% AB 939 REVENUE: AB 939 Fees 0.00 48,284.22 (48,284.22) 0.000% Interest 0.00 9 932.47 9.93247) 0.000°k TOTAL QUIMBY 0.00 58,2 8.69(58,216.69) 0.000% QUIMBY REVENUE: Quimby Fees 1.667,000.00 1,206,490.80 460,509.20 72.370% Interest 272 900.00 68 920.37 203 979.63 25.250% TOTAL QUIMBY 1,93 ,90 . 1,275,411.17 664, 86.83 63 . 0% INFRASTRUCTURE REVENUE: Utility refund 0.00 0.00 0.00 0.000% Interest 7.500.00 3,904.99 3,595.01 52.070% Transfer in 0.00 0.00 0.00 0.000% TOTAL INFRASTRUCTURE 7,500.00 3,904.99 3,595.01 52.070% VILLAGE PARKING REVENUE: Interest 0.00 0.00 0.00 0.000% TCTAL VILLAGE PARKING 0.00 0.00 0.00 0.000% CITY OF LA QUINTA REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 45,000.00 11,303.28 33,696.72 25.120% MSRC Funding 0.00 0.00 0.00 0.000% Street Sweeping Grant 0.00 0.00 0.00 0.000% Interest 7400.00 1,497.10 5,902.90 20.230% TOTAL SCAQ 52,400.00 12,800.38 39,599.62 24.430% CMAQ/ISTEA CMAQ/ISTEA Grant 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL CMAQ/ISTEA 0.00 0.00 0.00 0.000% TRANSPORTATION Developer fees 1,096,200.00 288,016.17 808,183.83 26.270% Interest 294,400.00 56,452.04 237,947.96 19.180% Transfer in 0.00 0.00 0.00 0.000% TOTAL TRANSPORTATION 1,390,600.00 344,468.21 1,046,131.79 24.770% PARKS & RECREATION Developer fees 446,000.00 104,808.00 341,192.00 23.500% Interest 0.00 336.91 (336.91) 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL PARKS & RECREATION 446,000.00 105,144.91 340,855.09 23.580% CIVIC CENTER Developer fees 256,000.00 52,807.91 203,192.09 20.630% Interest 0.00 18,580.23 (18,580.23) 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL CIVIC CENTER 256,000.00 71,388.14 184,611.86 27.890% LIBRARY DEVELOPMENT Developer fees 177,500.00 41,504.00 135,996.00 23.380% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 177,500.00 41,504.00 135,996.00 23.380% COMMUNITY CENTER Developer fees 37.000.00 8,264.00 28,736.00 22.340% Interest 38 300.00 8,004.33 30,295.67 20.900% TOTAL COMMUNITY CENTER 75,300.00 16,268.33 59,031.67 21.600% STREET FACILITY Developer fees 44,100.00 10,478.89 33,621.11 23.760% Interest 10 200.00 2,389.69 7,810.31 23.430% TOTAL STREET FACILITY 54,300.00 12,868.58 41,431.42 23.700% PARK FACILITY Developer fees 11,000.00 2,632.00 8,368.00 23.930% Interest 2,600.00 567.25 2,032.75 21.820% TOTAL PARK FACILITY 13,600.00 3,199.25 10,400.75 23.520% FIRE PROTECTION FACILITY Developer fees 74,500.00 16,455.79 58,044.21 22.090% Interest 0.00 0.00 0.00 0.000% TOTAL FIRE PROTECTION FACILI 74,500.00 16,455.79 58,044.21 22.090% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500.00 25,226.16 72,273.84 25.870% Ars in Public Places Credits Applied 0.00 0.00 0.00 0.000% Interest 40,600.00 8496.68 32,103.32 20.930% TOTAL ARTS IN PUBLIC PLACES 138,100.00 33,722.84 104,377.16 24.420% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 0.00 0.00 0.000% Transfer In 0.00 0.00 0.00 0.000% TOTAL INTEREST ALLOCATION 0.00 0.00 0.00 0.000% CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: CVAG C\NVD County of Riverside Surface Transportation Funding City of Indio DSUSD S8300 Funding RCTC SB821-Bicyde Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE 15,851,492.00 157,822.17 15,693,669.83 1.000% 848.479.00 0.00 848,479.00 0.000% 0.00 0.00 0.00 0.000% 1,674,430.00 0.00 1,674,430.00 0,000% 3,037,843.00 79,390.00 2,958,453.00 2.610% 82.656.00 0.00 82,656.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 25,099.00 0.00 25,099.00 0.000% 25,598.00 0.00 25,598.00 0.000% 0.00 0.00 0.00 0.000% 566,215.00 107.16 566,107.84 0.020% 0.00 0.00 0.00 0.000% 99,933,675.00 2,414,244.52 97,519,430.48 2 420% 122,045,487.00 2,651,563.85 119,393.923.15 0.06 EQUIPMENT REPLACEMENT FUND: Equipment Charges 487,000.00 486.999.00 1.00 100.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Insurance Recoveries 0.00 0.00 0.00 Interest 129,500.00 27,504.55 101,995.45 21.240% Transfers In 0.00 0.00 0.00 0.000% TOTAL EQUIPMENT REPLACEME 616.500.00 514,503.55 101,996.45 83.460% INFORMATION TECHNOLOGY FUND: Charges for services 373,500.00 373,500.00 0.00 100.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Interest 37,700.00 9.170.28 28,529.72 24.320% Transfers In 0.00 0.00 0.00 0.000% TOTAL INFORMATION TECHNOLC 411,200.00 382,670.28 28,529.72 93.060% PARK EQUIPMENT & FACILITY Charges for services 350,722.00 350,722.00 0.00 100.000% Interest 23,000.00 7,190.19 15,809.81 31.260% Capital Contributions 0.00 0.00 0.00 0.000% TCTAL PARK EQUIPMENT & FAC 373,722.00 357,912.19 15,809.81 95.770% SILVERROCK GOLF Green fees 2,985.870.00 247,330.49 2,738,539.51 8.280% Range fees 62,181.00 5,318.00 56,863.00 8.550% Resident Card 30,600.00 7,155.00 23.445.00 23.380% Merchandise 311,248.00 28.287.43 282,960.57 9.090% Food & Beverage 0.00 0.00 0.00 0.000% Allocated Interest Income 0.00 0.00 0.00 0.000% Transfers In 37,211.00 37,211.00 0.00 100.000% TOTAL SILVERROCK GOLF 3,427,110.00 325,301.92 3,101,808.08 9.490% SILVERROCK GOLF RESERVE Interest 0.00 260.55 (260.55) 0.000% Transfers In 67,426.00 0.00 67,426.00 0.000% TOTAL SILVERROCK GOLF 67,426.00 260.55 67,165.45 0.390% LID PUBLIC SAFETY OFFICER FUND Transfer Ir 2,000.00 2,000.00 0.00 100.000% Interest 300.00 123.51 176.49 41.170% TOTAL LQ PUBLIC SAFETY 2,300.00 2,123.51 176.49 92.330% CITY OF LA QUINTA 07/01/2006 - 09130/2006 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET UBRARYFUND PROJECT EXPENDITURES 0.00 0.00 000 000 REIMBURSE GENERAL FUND 869,275.00 115,000.00 000 754.275.00 TRANSFER OUT 0.00 0.00 0.00 TOTAL LIBRARY FUND 869,275.00 115,000.00 0.000 GAS TAX REIMBURSE GENERAL FUND 855,581.00 213,895.31 0.00 641,685.69 TRANSFER OUT 46,148.00 35,581.66 0.00 10,566.34 TOTAL GAS TAX FUND 9. 249,476.97 3 FEDERAL ASSISTANCE FUND: TRANSFER OUT )ERAL ASSISTANCE FUND 466,422.00 000 0.00 466,422.00 URBAN FORESTRY GRANT TRANSFER OUT IRSAN FORESTRY GRANT 0.00 0.00 0.00 000 SLESF(COPS) TRANSFER OUT )TAL SLESF (COPS) FUND 101,400.00 000 0.00 101,400.00 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 0.00 0.00 0.00 0.00 INDIAN GAMING FUND TRANSFER OUT 201,14200 000 0.00 201,142.00 TOTAL LIBRARY FUND 201,142.GO 0.00 0.00 201,14 .00 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 890,900.00 222,724.97 000 668,175.03 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LTG/LANDSCAPING FUND 89 .900.00 222,724.97 0.00 568,1 5. 3 RCTC TRANSFER OUT 2,374,007.00 46,831.88 0.00 2,327,175.12 TOTAL RCTC 2,374,007.00 46,831.88,1 DEVELOPMENT AGREEMENT FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 000 0.00 0.00 0.00 TOTAL DEV AGREEMENT FUND 0.00 0.00 0.00 0.00 CRIME VIOLENT TASK FORCE OPERATING EXPENSES 102,700.00 11,720.82 0.00 90,979.18 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL CRIME VIOLENT TASK FORCE .0 AS 939 OPERATING EXPENSES 79,430.00 23,329.13 0.00 56.100.87 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL AS 938 79,430.00 23,329.13 0.00 55.100.8 QUIMBY FUND: TRANSFER OUT 116,650.00 0.00 0.00 116,650.00 INFRASTRUCTURE FUND CONSTRUCTION 52,100.00 52,100.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 000 0.00 0.00 TRANSFER OUT 456,73200 216,193.28 000 240,538.72 TOTAL INFRASTRUCTURE 508,832.00 268,293.28 0.00 40, 38. 2 VILLAGE PARKING TRANSFER OUT VILLAGE PARKING FUND (1,893.00) 0.00 0.00 (1,893.00) SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,600.00 0.00 0.00 26,600.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL SOUTH COAST AIR QUALITY 26,600.00 0. 00 CMAQIISTEA TRANSFER OUT TOTAL CMAC91STEA FUND 0.00 0.00 0.00 0.00 TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.00 CONTRIBUTION 0.00 0.00 0.00 0.00 TRANSFER OUT 6,704,866.00 282,7%30 000 6,422,115.70 TOTAL TRANSPORTATION 0 0.00 6,422,1 frM PARKS & RECREATION INTEREST ON ADVANCE 0.00 27,524.35 0.00 (27,624.35) TRANSFER OUT 125,226.00 36,096.44 0.00 89,129.56 TOTAL PARKS & RECREATION 125,226.00 63,620.79 0.00 61,60 .2 CIVIC CENTER PROGRAM COSTS 0.00 000 0.00 000 REIMBURSE GENERAL FUND 203,660.00 50,914 97 0.00 152,745.03 TRANSFER OUT 11,898,098.00 98,335.82 0.00 11.799,762.18 TOTAL CIVIC CENTER 12,101,758.00 149.250.79 0.00 11,957,36m LIBRARY DEVELOPMENT PROGRAM COSTS 000 0.00 0.00 0.00 INTERES" ON ADVANCE 0.00 25,864.56 0.00 (25,864.56) TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LIBRARY DEVELOPMENT 0.00 25,864.56 0.00 2 , ) CITY OF LA QUINTA 07/01/2006 - 09/30/2006 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 000 0.00 TRANSFER OUT 0.00 0.00 000 0.00 TOTAL COMMUNITY CENTER 0.00 000 000 000 STREET FACILITY PROGRAM COSTS 0.00 0.00 000 0.00 TRANSFER OUT 75,000.00 0.00 000 75,000.00 TOTAL STREET FACILITY 75,000.00 PARK FACILITY PROGRAM COSTS 0.00 0.00 000 000 TRANSFER OUT 0.00 0.00 000 0.00 TOTAL PARK FACILITY 0.00 000 0 .00 FIRE PROTECTION INTEREST ON ADVANCE 0.00 11.931.13 000 (11,931.13) TRANSFER OUT 000 000 000 000 TOTAL FIRE PROTECTION DIF 11.931.13 000 (11,931.13) ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 30,000.00 0.00 ' 1,292 00 18,708.00 OPERATNG EXPENSES-APP 1,800.00 0.00 0.00 1,800.00 ART PURCHASES 255,250.00 39,777.50 0.00 215,472.50 TRANSFER OUT 200,000.00 0.00 0.00 200.000.00 TOTAL ART IN PUBLIC PLACES 487,050.00 39,777.50 1 ,292.00 35,980. 0 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 120,634,048.00 2,624,467.35 24,000.00 117,985,58065 PROJECT REIMBURSEMENTS TO GEN FUND 1,411,439.00 27,096.50 0.00 1,384,342.50 TRANSFER OUT 0.00 000 0.00 TOTAL CAPITAL IMPROVEMENT 122,045,487.00 2,651,563.85 24,000.00 9, 9, 23 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 666,545.00 42,215.18 26,09871 498.231.11 TRANSFER OUT 657,000.00 0.00 0.00 657,000.00 TOTAL EQUIPMENT REPLACEMENT FUND 1,223,545 00 4 =,.18 26,098.71 1,155T31. 11 INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 681,020.00 48.558.90 0.00 632,461.10 TOTAL INFORMATION TECHNOLOGY FUND 681,020.00 48,558.900.00 632,46 .10 PARK MAINTENANCE FACILITY OPERATING EXPENSES 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 000 0.00 TOTAL PARK MAINTENANCE FAC 0.00 0.00 0.00 000 SILVERROCK GOLF OPERATING EXPENSES 4,156,912.00 566,755.29 0.00 3,590.156.71 TRANSFER OUT 67,426.00 0.00 0.00 67,426.00 TOTAL SILVERROCK GOLF 4,224,338.00 566, .29 0.00 3,657,582.71 SILVERROCK GOLF RESERVE TRANSFER OUT 37,211.00 37,211.00 0.00 0.00 TOTAL SILVERROCK GOLF RESERVE 37.211.00 37,211.000.00 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS k QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 ceityl 4 awf*P Qu&rlry COUNCIL/RDA MEETING DATE: November 21, 2006 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Receive and File Transmittal of CONSENT CALENDAR: Treasurer's Report dated September 30, 2006 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and File. BACKGROUND AND OVERVIEW: Transmittal of Treasurer's Report dated September 30, 2006 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1/1/86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Respectfully submitted, i John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments:1. Treasurer's Report, City of La Quinta MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for September 30, 2006 DATE: October 31, 2006 Attached is the Treasurer's Report for the month ending September 30, 2006. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other Ending Change Cash (3) $ 9,842,446 (1) $ (11,478,917) ($1,636,471) ($11,478,917) LAIF 26,236,723 2,050,000 (7,200,000) 0 21,086,723 (5,150,000) US Treasuies (2) 145,722,266 34,000,000 (39,208,000) $ (175,314) 140,338,952 (5,383,314) US Gov't Sponsored Enterprises (2) 29,798,258 10,000,000 (5,000,000) (14,395) 34,783,863 4,985,605 Commercial Paper (2) 2,987,757 9,000,000 (3,000,000) (35,365) 8,952,392 5,964,635 Corporate Notes 0 0 MLtual Funds 1 5,667,993 1 1 1 1,245 422 4,422,571 1,245,422 Total 1 $ 220,255,443 1 $ 55,050,000 1 1 $ 67,132,339 $ 225,074 $ 207,948,030 $ 12,307,413 I certify that this report accurately reflects all pooled investments and is in compliance with the California . Government Code; and is in conformity with the City Investment Policy except as follows: The Federal Home Loan Bank maximum was exceeded on January 18, 2006, as reported on page 2, and is expected to come into conformity on December 15, 2006. As of September 30, 2006, the market value of the investment was $7,560,129 and the amortized cost plus accrued interest was $7,573,520 for an unrealized loss of $13,391. Management intends to hold the investment to maturity. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. i - John M. Falconer Date Finance DirectonTreasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. Ai Treasurer's Commentary For the Month of September Cash Balances — The portfolio size decreased by $12.3 million. The major reason for this decrease being the $10.8 million debt service payment made September 1 st Investment Activity — Two GSE purchases were made in September - $ 10 million Farm Credit Discount Notes and three Commercial Paper investments totaling $9 million. In addition, $34 million in bond proceeds were reinvested in six month Treasury Bills. Due to the City's short maturities, no investment is currently yielding less than 4.37%. At month end, the sweep had a $450,102 balance and yielded 4.55% which primarily consisted of outstanding warrants. While this rate is lower than the LAIF rate of 5.02% for next day funds, the sweep account allows the City to take advantage of earning interest on warrants that have been released but have not been cleared by our bank. The sweep was instituted based upon the raising interest rates and earned $ 5,080 in cash for the month. The bank fees for the month were $ 1,987 which resulted in a net increase of $ 3,093 in real savings. Portfolio Performance — The overall portfolio performance increased by two (2) basis point and ended at 4.99% for the month. At the end of August, the portfolio yield is within one (1) basis point of the benchmark which increased by three (3) basis points from the previous month to end at 5.00%. With the short average maturity of 80 days, the portfolio yield should continue to increase based upon rising short term interest rates and the short average maturities of the portfolio. At this time last year, the portfolio was yielding 3.20% and the benchmark was at 3.75% for a 55 point difference so we have made some progress in meeting our benchmark. The Treasurer has been investing more in commercial paper with sixty day maturities and has not been investing in longer than six months Treasury securities or in more than one year GSE's based upon the yield curve to take advantage of yield spreads. Future Thoughts The Treasurer will continue to invest in relatively short term maturities to take advantage of the inverted yield curve — Commercial Paper. 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'° Z t— Uy ' ® v m (L(nn U Zc C y 9c E A:o rnY a c d� a m m 8 n�/'1 >._ ?c �_ �,E m CL 'e tcdo,a vw c v� N HE <n 7 •O N 3 C d is C Z` �` 2:1} C °i� U. 7 7 7 a d N C ,t.. to N N t O O N C m ajj V LL C 7>}} }} u O N C p c0d cw tNo mF F_-F li U U o U U U +• c m N m U U U U U Y o m E E �+ 41 g° r E `: w y E N E U' Cn c~F-LL U-LL_ ,�,« M M:*2 COLL �� H E '=z�ULL»>��ggg 0U' Uf-i-i-LL_LL_LL_LL_LL_ .O,« �F°- A E aaa y l9 �D< > »egg r', W. City of La Quints Reconciliation of Actual and Surplus Funds City. Redevelopment Agency and Financing Authority September 30, 2006 Balance of Actual Funds - 207,948,0"0 Less Petty rash Funds (1,000) Less Non -Surplus Funds (1,308,465) Balance of Surplus Funds $206 638 565 City Cash & Invasbnents Bank Act Name=Availabil Surplus Type Book Wells Fargo - Demand No _ Checking Wells Fargo - Sweep No Sweep $ 450,102 Petty Cash- Demand No WA 1,000 Wells Fargo/Housi -Demand Yes CheGdnO 21,670 Total - Bank Accounts § 1,636,471 U. S. Treasury Custodian -Availability_ _ Bank of New York - Demand Sums Issuer�pe Amortized _ Value 8969.100 Yes U.S Treasury IN:I Bank of New York - Demand Yes U.S Treasury Bill 9:837,257 Bank of New York - Demand Yes U.S Treasury Bill 4,963,387 Bank of New York - Demand Yes U.S Treasury Bill 9,946,792 Bank of New York- Demand Yes U.S. Treasury Note 3,983,220 Bank of New York- Demand Yes U.S. Treasury Note 4,983,348 Bank of New York- Demand Ves U.S. Treasury Bill 14,934,429 Bank of New York -Demand Yes U.S Treasury Bill 4:963,533 _ Bank of New York - Demand Yes US Treasunf Bill 4,937,489 Total - U S. Treasury _ 67,51$555 U S. Government Sponsored Enterprises _ Custodian-Availabil_ Su lus __ Is_suer/Type__ Amortized __ Value Bank of New Ypk-DemanO Ves FFCB 4,989,007 Bankof New Yok-Demand Yes FFCB 4,952,791 Bank of New Yok-Demand Yes FHLB 4,992,120 Bank of New Yok• Demand Yes FHLB-Discount 2,974,910 Bank of New Yok-Demand Yes FHLB 1,996,290 Bank of New Yok • Demand Yes FHLB 7,499,328 Bank of New Yok • Demand Yes FNMA 4,981.294 Bankof New Yok •Demand Yes FHL MOAg e 2 398123 Total - U.S. Govemment Secuntles 94 7B3,BB3 Prime Commercial Paper Custodian Availability _ Surplus Issuer/Type Book Value Bank of New York -Demand Yes Ci iGroup Funding Inc. 2,974.749 Bank of New York -Demand Yes General Electric Capital 2,989,193 Bankof New Yok - Demand Yes UBS Fin Inc 2.988.650 Total - Prime C—omm-rd-al-Pa—per 8,952.392 Ad Surplus Yes E 21,67 $ $ 21,AM Surplus I Surplus _ Yes AdL Ves_ 8,969,100 8,969,100 9.837,257 9,837,257 4.963,387 4,963.387 9.946,792 9,946,792 3,983,220 3,983,220 4,983,348 4,983,348 14,934.429 14,934,429 4.963.533 4,963,533 _ 4,937489 4937J489 67,518,555 67,518,555 Surplus _ Yea 4,989,007 Ad' Surplus Yes 4,989,007 4.952.791 4,952,791 4,992.120 4,992,120 2,974.910 2,974,910 1,996,290 1,996,290 7,499,328 7,499,328 4,981,294 4,981.294 2 398 123 2,398,123 34,783 863 34,783,863 Surplus Yes Atl' Surplus Yes 2.974.749 2,974,749 2,989,193 2.989,193 2,988,450 2.988,450 8,952,392 8,952,31 Surplus No Pull Surplus No 5(2,'09243) $ 3,417,708 $ 1,308.465 $ 450:102 $ (450,102) $ 1,000 1,000 1,658,141 $ 2,967,608 $ 1309465 Surplus Surplus No Adl No Surplus Surplus No Adj No All Funds Surplus Actual % Ves 1-0.7870% 1 0.0105% All Funds Surplus Actual % Yes 32.4690% 32 67d7% All Funds Surplus Actual % Yes 16.7272% 16.8332% All Funds Surplus Actual % Yes 4.3051% 43324% Local Agency Investment Fund Name-Avadabil' _ Surplus LA F - Clry - Demand � Ves _ TypeBook State Pool 17,308 575 Surplus __ Yes 17,306,575 Adj_ (2,967.606) Surplus _ Yes id,338.969 Surplus Surplus All Funds Surplus _ No Adj No Actual% Ye_s__ - LAIF _RDA- Demand - - ---Total Yes - -- _State Pool _ 3,780148 -21,0813.723 _ y780148 3780,768 ---- _ - State Pool T 21,086,723 2,967,606 18,119,t t7 - 101106X 876&5% Total City Investments 1 - 83.6418X 82.8088% 132,341,539 2,967,608 129,373,927 Total City Cash 8lmesbnants 190,705,062 1,658,141 2,967,606 1,909,485 62.8547% 62.8193X 132,363,203 2,967,608 129,395,597 Final Agent Investments PoMclio - City Investments Amortized _Cus_todian- Availabil Surplus Issuer?ype Value 2062 RDA US Bank-CIP Yes US -Treasury Bili 9.886,167 20D4 Finance Authority LIP Yes U.S.Treasury Bill 29,716,466 2004 Finance Authority •CIP Yes L'.S Treasury Bill 8,790,523 2004 Pmance Authority LIP Yes U S Treasury Bill 24,42741 ,2 Total • U.S. Treasury 72,820,397 Port'ollo - Mutual Funds Trustee- Availability Surplus Money Market Mutual Fund Book Value Chic Center U.S.Bank - Project YES 1st Amedran 297 Civic Center U.S.B3nk - Debt Svc YES 1st Amencan 1994 RDA U.S. Bank -Debt Svc YES 1st American 1995 RDA U S.Bank - CIP YES 1st American 1995 RDA U.S Bank - Special Fund YES 1st American 2004 Fin Auth - 1995 US Bank - Escrow YES tat American 1998 RDA U.S.Bank-CIP YES 1st American 1998 RDA U S.Bonk - Dbt Svc YES 1st American 1998 RDA U S Bank - Special Fund I YES 1st Amencan 1998 RDA U S-Bank - CIP i YES 1st American 2001 RDA U S. Bank • Obt Svc YES 1st Amencan 1 2001 RDA U.S Bank -CIP 1 YES 1st American - 2002 RDA U S. Bank - DM Svc YES 1st Amencan 1 2002 RDA U.S Bank -CIP YES 1st American 1,433.653 2003 Taxable RDA J.S. Bank - DS YES 1st American 1 2003 Taxable RDA U S Bank -COI YES 1 st Amedran 2003 Taxable RDA J. S Bank-CIP YES 1st Amencan 2004 Fin Auth US Bank - CIP YES 1st American 2,988,618 2004 Fin Auth US Bank - C01 YES 1st American Subtotal - Mutual Fund 4,422,571 Surplus Surplus Yes Adj Yes 9,886,167 9,886.167 29,716,466 29.716,466 8,790,523 0,790,523 24,427,241 24,427,241 72,820,397 72,820,397 Surplus Yes Atli Surplus Yes 297 297 1 1 1 1 1,433,653 1,433,653 1 1 2,988,618 2,988,618 4,422,571 4,422,571 Surplus Surplus No Adj No All Funds Surplus Actual % Yes 35.0186% 35 2405% All Funds Surplus Actual % Yes ZA268% 2.1402% Total Fiscal Agent Investments 77,242,9881 1 1- 37.1455% 97.3807% 77,242,968 1 77,242,968il Grand Total 207,948,090 1,658,141 2,967606 1,309,485 100. 100.0000% 209,606,171 2,987,6011 208638,565 11 NNN(D(4 mm 00)-nNco M t� n N taO{ t1:p. 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Date of Loss: April 20, 2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Zaida Bedell, with a reported date of loss of April 20, 2006. FISCAL IMPLICATIONS: The total amount of the claim was $ 600,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Zaida Bedell with a reported date of loss of April 20, 2006, (Attachment1). 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: 1. Deny the Claim for Damages filed by Zaida Bedell with a reported date of loss of April 20, 2006; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, John Ruiz, Personnel/Risk Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Zaida Bedell, Claim for Damages Act 19 2006 12:13PM Law Offices D 3105572 10/19/2006 ED 11:01 FAX 760- 777 71071A Wata,, City Clerk . ATTACHMENT 1 RECEIVED FUWrM: CLAIM FOR DAMAGES FOR f=n G STAW aTY CLEM OFM � 9 PM 1 OZ qq ofu o* to . TO PERSON -OR PROPERTY P.O.Box IN4 CITY OF LA QUINTA LakCA ITY-CLERK'S OFFICE • - l�cltofys . • ' . �. C� farde�i�ry b peaon ar b peesoeai p�apeAy �ew�tbe fled Aotbear fhan ebt o►anb>+s offal. • • . to oeonne m. (Car. Code S Ili 24 2. CWaa fbrdeeapas b eW paper mdW fked Nkf3W IM 1 pua1►f 1* ooasee = rAt Code {9112.) 36 ftesd erQe dale ifrttt baba fkp. 46 $apvpe21;rJWm gwWfdtbbcd&0xm4(&xWent 5. Tdia da:�bnp awal be etaned an papa 2 d boftiom. ' 6, llt*,ad @W=W deft f ae my.b *ft idldeWtL S= EACK SHEET. T0: Fame of CM - Dale of BiAh of gaknant Cit . of • to �0 2 1 2 .0c updm of Ckka t ' i ai gon..Profit lbn+e Addaess afgabae<ti af7snA Stave Fkw_ Tale0WW at C1*=! 104 Mission Lake Way Rancho Mirage, California 760 202•-9220 Bostn Ado s Of COainonk ckv atd aft ff�nessTeleplulneatgaiaiacit" NIL r . Give eddRss Md Idopttiorte nvmrxr Yo rrld� You desife aoftces or oonnfrfnia5ont f}a be s Cb1= t's40dd Sad* KW x9a ft dain Law Offices of James P . Wohl .010) 557--2349 -1901 Avenue of the Stars f1501 .A _ - � 20 a a�JiPl•aoa � 1: 00 f>1a�s daaX � bw�r� i� RtJtAff of OvrIWV� • - TO BrBan Haeiltes, umbels employee wbio gave Roger Fredericks VGt1iMWtrE*dt1bbid=*.#Adafe a golf `uert and possibly -Randy Dvicaa d*UW$,awedVelaffl000n bbt . YMhm did OAp MaritlJl RY0=t7 besa% 11uNy, end Ixabe ate die and f1A levateo ode atHs auef. wfaeta �Ofnp[iab. cin asaaes and addtesafufd lmaxNema b la mbadmW= Silver Rock Resort, 79--179 AbnBW-,an Lane. •1.aquIAta': CL 92253 Seq Attached Police Report • OesaibelAdefat6owtteOAtAl4�•oaNM�f0000nr� •- - . • • • • . '_ .. togar Fredericks, a professianal golfer, vas at the cauzsP 'selling products during to a h=ity bearfit and was putting bores of sales-pra+dacts into a toff Cart V1W-n a bo= fell auto die accel-trator of that'golf cart causing• tir golf c=-- t- talc-- off, hitting waa Bedell and pinging her against a wall at it ramp-t in awA srourA tho Pro Sbap. do gnu chin k c1y b mspansbtel The City allowed an aiirafa coea}ercial activity. -td'faloE:`p]Eicp The City z. oved tlic activity to take place without a c-rtificatot of insurance or a 13c _ - . The city feailabA to prevent th<: use of its cart for c=merciil use' MA . for Use 'or which it is not tatan&d. The City failed to copervise the use gned make: sure- the cart was off . Desofe i ftM 83* WW er DAVAGE U- da Bedell was pinned againzt the wall by a slur "ay golf cart* The golf cart hit her twice as it pinned her _against the v:all causing a number of•injuries inelud'� .broken. rib A punctured 1u;tg • and other 'related . injnEries . ' SEE PAGE 2 M T14LS ga1M fYltlSf BE sxo� t►a titEv swf: 7 ♦J Oct 19 2006 12:14PM Law Offices 3105572839 p..3 1O1181j006 ya 12:01 VAl 760 777 7107 La Quiata. City clerk �a021Q0i The m mt"mit as of the dabs of pceserbd ft Cts . is ommioas f AMW. Damages Wafted b dabs (exact): ESft%d'paxspeeive ftr"es as tar as know Damage to papa* .. I tabus uses for rcredcal and hesPv care .S 25.000_ ---- a ..S.2,s -� Expenses aor me*d and bospifd Care max. S �5.000 WOas loss of ............... • ..S tondea,*gs .................... orA, SZ3,-O� OfrPw>sppmW*e ........ S - Spedai damage for ..................... - - 3dd estinaled prospedo damags - .: i 5W 000 Oenerat damages . . Tots daatage kmW b dala .......... S S" nnn Tdai aa>oantdaaaed as of dale of pn nbiiolt ei lbis • i 600 MO • ' b �e? Ypn if so.what City- of LaQuints: Was damage andtor mM y pol c+ WGmparamedlmorambuleewx:=W? Yes a�•asn�e Elsa .nhawe=iMedar tPr S Yljurod, otate fie. ime. name egad address of dadpr pow hd1b1 vtsS W NESM lo DAMAGE or W.AM: Ustg9pomm and addressor of Persons kn= labat kkmuft Pie" lep� FredpTialrr, Address 1IL75 .Zi^"t4�:y pi •- s!*`�i•`¢".¢ `i i _t�_.��:r-Z1� .Il. .'.� - ��.�.�.,v.!,k: ..11i �-��c:vr. t•1!l�tl_S.. � �.__ - _— Doc=AND mowf x : _ Hmpm Adlus - Ph= Dwbr Mdmu pboi e Docdar -- Addrear • Pbalde FEAR CNOULLY. iror tl aoadentdalna pka aatomwsny dagram am d , bawap tlodn. ' apddadby� 1'aad IgclionalyowsaM ayour reAtde-dux 6ae of rra VOW. East. SM& AW Wnt faawh Place Of ooc*d by v and by &aft houoa bY'kr and M poUr b'Wpadby W pmgpersorddeaoeslo"toom & 1CNV6I*bwutmatred,dedV4ftby k�ryCbraEaaotgaYelirisrheayouytstsmr9,aa40y�'beeEardyoae�R NOTE: NdlepazalbeWrrOoirottShe�lAa9on.dmd►Aemcoa�ardb�am oryour sebide aben yar ire! taro CIlrVebida laca9oa d rr'hida at dme of ft" bydaimt *MEWALK CURB SEE AWACM POLICE *REP08T• AND DIA[M M f?ARKWAY SIDEWALK perso4 WITH CITY CLERK (Gov. -'o.Mes *e• ( dAl cults —% Io-lg 0� KIE Oct 19 2000 12: 14PM Law Offices 3105572839 P.•_ .__._.___ Attachment I Randy Duncan, 79-179 Ahmanson Lane, LaQuinta, CA 92253 (760) 777-9884 Nicole Ebarb, 45444 Porto* Suite S, Palm Dessert, California 92660 (760)937-1880 a, TWT 4 w OF T 9 COUNCIL/RDA MEETING DATE: November 21, 2006 ITEM TITLE: Adoption of a Resolution Accepting Cash Donations from Rutan and Tucker, Rosenow Spevacek Group Inc., and NAI Consulting, Inc. for the Employees Recognition Banquet RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting cash donations from Rutan and Tucker, Rosenow Spevacek Group Inc., and NAI Consulting, Inc. for the Employee Recognition Banquet. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. (BACKGROUND AND OVERVIEW: On November 6, 2006, Rutan and Tucker, Rosenow, Spevacek Group Inc., and NAB Consulting, Inc. provided the City of La Quinta with an announcement of their pledge to provide cash donations of $750.00, $750.00 and $500.00, respectively, to be used for the purchase of door prizes. The Banquet will be held on December 9, 2006, at the PGA West Stadium Clubhouse. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting cash donations from Rutan and Tucker, Rosenow Spevacek Group Inc., and NAI Consulting, Inc. for the Employee Recognition Banquet; or 2. Do not adopt a Resolution of the City Council accepting cash donations from Rutan and Tucker, Rosenow Spevacek Group Inc., and NAI Consulting, Inc. for the Employee Recognition Banquet; or 3. Provide staff with alternative direction. Respectfully submitted, John Ruiz, Personnel/Risk Manager Approved for submission by: Thomas P. Genovese, City Manager RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING CASH DONATIONS FROM RUTAN AND TUCKER, ROSENOW SPEVACEK GROUP INC., AND NAI CONSULTING, INC. FOR THE EMPLOYEE RECOGNITION BANQUET WHEREAS, on November 6, 2006, Rutan and Tucker, Rosenow Spevacek Group Inc., and NAI Consulting, Inc. generously made cash donations of $750, $750 and $500 respectively to the City, for the Employee Recognition Banquet to be held on December 9, 2006, at the PGA West Stadium Club House in La Quinta, California; and WHEREAS, the gifts were donated to the City and its personnel and were not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest in the City to accept the donations and to direct the City Manager to control distribution of the donations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City of La Quinta hereby accepts the cash donations of $750, $750, and $500. 2. The City Manager is hereby directed to control distribution of said donations. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 Si day of November, 2006, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: 4"'1 Resolution No. 2006- Empioyee Recognition Dinner Adopted: November 21, 2006 Page 2 DON ADOLPH, Mayor City of La Quinta, California ATTEST: Veronica J. Montecino, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California r; I T4hf 4 4 a" COUNCIL/RDA MEETING DATE: November 21, 2006 ITEM TITLE: Acceptance of Improvements Associated with Tract Map No. 30331, Althea Court, Trans West Housing, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: — O STUDY SESSION: PUBLIC HEARING: Accept improvements associated with Tract Map No. 30331, Althea Court, Trans West Housing, Inc. and authorize staff to release performance securities upon receipt of warranty securities. FISCAL IMPLICATIONS: None. No public improvements were constructed with this development; therefore, no additional maintenance expenses will be incurred by the City. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 30331, Althea Court, is located on the north side of Avenue 50`h approximately a '/4 of a mile to the west of Jefferson Street (Attachment 1). All obligations of the Subdivision Improvement Agreement and the Conditions of Approval have been satisfied. Attachment 2 is a Table of Values indicating securities to be released after the City receives the warranty securities. 4 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Final Accept of Improvements associated with Tract Map No. 30331, Althea Court, Trans West Housing, Inc. and authorize staff to release performance securities upon receipt of warranty securities; or 2. Do not accept improvements associated with Tract Map No. 30331, Althea Court, Trans West Housing, Inc. and do not authorize staff to release performance securities upon receipt of warranty securities; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jonasson, ". E. Public Works-Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Table of Values ATTACHMENT o I TRACT 30331 - ALTHEA COURT VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: November 21, 2006 ITEM TITLE: Acceptance of Improvements Associated with Tract Map No. 30331, Althea Court, Trans West Housing, Inc. APPLICANT: Trans West Housing, Inc. � �b Ini I" =1 r— M M m L El M Q 00 CO � LO N LO 00 N �i O � � 6 Q- 6 64 (n t� v O � � � o 1 cc Q= O� O 0 O 0 O 0 O o) O 000 O O ; E L. O ce as a pM0 U-) Lo p N E U Q v. 6 % O � dN' 69 6F} N 6+9 N 691 0� y L i O vo 000 O ti (0 00 M 1` M 1` �p � tV O '%00 tD toLo0NN N 00 69 r- r- LO J O 69 6q 6q N69 N69 to N �} o Z o O W C c 01 W L U o O N 0 U O d^` W W mO L a)O '`,, cc W U- O E cu :� c U c sZ 1- Q V N -O O N E m cp O N N E , � -0 C 0)C 4- L U) O co I O � U O v a N U Cl) U 6 0 r J Z 0 U) 0 a w Of w w m T U U) AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: November 21, 2006 BUSINESS SESSION: ITEM TITLE: Authorization for Overnight Travel for the Golf CONSENT CALENDAR: & Parks Manager to Attend the Golf Course STUDY SESSION: Superintendents Association of America's International Golf Industry Tradeshow and Conference Held in Anaheim, PUBLIC HEARING: California from February 19, 2007 through February 23, 2007 RECOMMENDATION: 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 Anaheim, California from February 19, 2007 through February 23, 2007. FISCAL IMPLICATIONS: The Fiscal Year 2006/2007 Budget (Account No. 601 -0000-451.51-01) has allocated funds for travel and training. The breakdown of estimated costs to attend this is $1, 649: Registration $250 Seminars $390 Hotel (5 nights x $105) $525 Meals (5 days x $75) $375 Travel (224 miles x .485) $109 Total $1, 649 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The GCSAA's International Golf Industry Tradeshow and Conference gives golf and turf management professionals from around the world the opportunity to attend educational seminars and the world's largest golf industry tradeshow. The education seminars also provide educational credits for the Golf & Parks Manager to maintain his Certification with the GCSAA. The program description is included as Attachment 1 . FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize overnight travel for the Golf & Parks Manager to attend the Golf Course Superintendents Association of America's International Golf Industry Tradeshow and Conference held in Anaheim, California from February 19, 2007 through February 23, 2007; or 2. Do not authorize overnight travel for the Golf & Parks Manager to attend the Golf Course Superintendents Association of America's International Golf Industry Tradeshow and Conference held in Anaheim, California from February 19, 2007 through February 23, 2007; or 3. Provide staff with alternative direction. Respectfully submitted, Steve Howlett Acting Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . GCSAA International Golf Industry Tradeshow and Conference Program Description WHERE N YOU FIND EDUCATION, & NEW IDEAS THELP YOU SUCCE For one week in February the entire golf course management community will come together in Anaheim for the industry's premier education and trade show experience. You can't afford to miss the 2007 GCSAA Education Conference and Golf Industry Show. i}} t < r I N , zi zr:h x7q(.iw "� os''.$w "ITre,£ i 3s ` ,?F i; t Y x r5us,. .;�-p y �jj#fa'.a i"el'u I` �%y°s.� k 4! R P "fL'o "-0,3 `ni .s to �. CONTINUOUS LEARNING THAT GIVES YOU THE EDGE Each year, from the Opening Session to the close of the show, GCSAA's inspirational speakers and events serve as a poignant reminder of the profession's incredible progress over the years. Be a part of that pride in your profession and find new ways to continue your positive impact on the game. With more than 100 in-depth seminars, as well as a full schedule of education sessions that cover everything from the latest research and agronomic practices, to managing your career and enhancing your communication skills, the GCSAA Education Conference and Golf Industry Show can help you succeed in the business of the game. Here are just a few of the educational sessions awaiting you: Coffee Talk with the Experts — The Latest and Greatest in Turf Management o Innovative Superintendent Breakfasts and Sessions Presented in partnership with BASF Corporation BASF In the Momeit... The State of Public Golf u The Changing Face of Golf Forum OPENING SESSION THURSDAY, Feb. 22 Presented in partnership with Bayer Environmental Science JAAAYYE Bayer Environmental Science Undoubtedly the highlight of the week, the GCSAA Opening Session features some of the biggest and brightest stars of today and yesterday. Old Tom Morris Award Winner Top billing goes to Cha-lie Sifford, GCSAA's 2007 Old Tom Morris Award recipient. A 2004 World Golf Hall of Fame inductee, he became the first African - American to play on the PGA Tour fulltime (1961) and the first to win on the tour when he claimed the 1967 Hartford Open trophy. Keynote Speaker The keynote speaker for the GCSAA Education Conference Opening Session is World Golf Hall of Fame member Johnny Miller. Accomplished as a golfer, television commentator, author and course designer, Miller is nothing short of insightful, passionate and engaging. He is certain to stir one's emotions and elicit a strong response. Chad a SM Johnny M L v ENHANCE YOUR CONTRIBUTIONS TO YOUR FACILITY'S OBJECTIVES With more than 1,200 exhibitors, the Golf Industry Show is the only place where you can find new products, conduct product comparisons and meet with company representatives, all under one roof. You'll take away ideas on wor:<ing effectively as a management team, reducing risk, enhancing customer service and improving the competitive position of your facility. The Golf Industry Show also gives your management team a chance to explore the trade show together to determine how new technologies might offer cost-effective solutions . to your daily challenges. SIT THE SOLUTION CENTERS Sit each of the 2007 solution centers for unparalleled networking d educational opportunities. In each solution center, you will: See the latest technology in action, and learn how to apply it at your course or facility Learn from unique, hands-on displays and demonstrations Interact with other golf course management professionals and share best practices Participate in educational offerings presentee by industry experts ve sure to check golfindustyahow.com for the most up-to-date solution center information, including a complete education schedule. GOLF INDUSTRY SHOW TEAM DAY FRIDAY, Feb. 23 The Golf Ineustry Show Team Day will bring together golf course superintendents, owners and operators, chief operating officers and general managers for an innovative and exciting day to celebrate the business of golf together. GOLF INDUSTRY SHOW GENERAL SESSION "�' ��` Keynote Speaker Dynamic. Enthusiastic. Savvy. Perceptive. Pat Croce is all ! that and more. After tasting success as a pioneer in the field of physical therapy, he has embarked upon a career that has been nothing short of remarkable. From building a winning team with the Philadelphia 76ers, to serving as a;+» a TV host and commentator, to becoming a restaurateur s to owning a golf course, Croce is known for bringing fir 4r, success to each of his ventures. Hear this sought-after speaker share his passion for excellence and keys to his Pat C,oce leadership style. GCSAA National Champioaship and GoN Massie rMk,,xs„rh,..«.Ms.,.m ro,1 4 w,,,,.,,r February *21(palm Springs) TEAM SOLUTIONS RANGE AND OUTDOOR FACILITY SOLUTIONS CLUBHOUSE SOLUTIONS GOLF COURSE SOLLIT11'718 COLLABORATION: ,j ) THE EXECUTION OF TEAMWORK ,�idfSr Presented in partnership with the Toro Company © o,soev Join the Disney Institute for a unique benchmarking opportunity tailored specifically for the Golf Industry Show. During this high-energy presentation, explore the legacy of teamwork and collaboration within Walt Disney theme parks and resorts, and experience fun training techniques designed to identify the value of key team success factors. Adapt and apply key concepts with the focus on improving the overall golf experience for staff and players. 2007 USGA Green Section Education Program — Myths, Fads and Fallacies: Their Impact on the Game The 2007 USGA Green Section Education Program spotlights the irony of change over the years. A sample of topics include: staying out of court with disability issues; myths about golf equipment; and a look behind the scenes at the U.S. Open. Some of the best turf tips will be presented, showing how fads have faded over the years to yield sound golf course management. In addition, the 2007 Green Section Award will be presented to a very deserving recipient — no fallacy here! _. There's something for everyone at this year's show. Member Registration Opens Oct. 3 Registration Opens to Nonmembers Nov. 2 PRESENTING PARTNERS ��Q�NTEND�r�Y �FAMER�CPp�e GCSAA Celebrating its 80th anniversary, GCSAA is a leading golf organization focused on golf course management. Since 1926, GCSAA has been the top professional association for the men and women who manage golf courses in the United States and worldwide. From its headquarters in Lawrence, Kan., the association provides education, information and representation to more than 21,000 members in more than 72 countries. GCSAA's mission is to serve its members, advance their profession and enhance the enjoyment, growth and vitality of the game of golf. The association's philanthropic organization, The Environmental Institute for Golf, works to strengthen the compatibility of golf with the natural environment through scientific research, education, information collection, outreach and scholarships. www.gcsaa.org NGCOA Since 1971, the NGCOA has provided owners with the tools they need to succeed in the complex and competitive golf business. With more than 6,000 member courses worldwide and an audience of more than 18,000 through Golf Business magazine, NGCOA is the leading resource for golf course owners and operators looking for tools to assist them in making their businesses more profitable and successful. www.ngcoa.org SUPPORTING ORGANIZATIONS GCBAA Based in Lincoln, Neb., the 3CBAA is a nonprofit trade association of the world's foremost golf course builders and leading suppliers to the golf course construction industry. It was founded in the early 1970s, and its members represent all segments of the golf course construction industry. It is the only organization in the world organized by and for golf course builders, and the only one that represents the interests of the golf course construction industry. ASGCA The ASGCA, founded in 1946, comprises the leading golf course designers in North America. Its members, each of whom has designed at least five golf courses, have gained membership through a rigorous, peer -reviewed application process. They are actively involved in the design of new courses and the renovation of older courses www.asgca.org CMAA The CMAA is the professional association for managers of membership clubs. CMAA has more than 3,50C members who manage more than 3,000 country, city, athletic, faculty, yacht, town and military clubs. The objective of the association is to promote and advance friendly relations among persons connected with the management of clubs and other associations of similar character; to encourage the education and advancement of its members; and to assist club officers and members, through their managers, to secure the utmost in efficient and successful operations. www.cmaa.org NGF The NGF, founded in 1936, is the industry leader in providing information and insights on the business of golf. Based in Jupiter, Fla., the NGF serves many constituencies in the golf industry including equipment manufacturers, builders and developers, 'acilities and ranges, course architects, retailers, turf maintenance suppliers, golf associations and the media. www.ngf.org www.gcbaa.org g`' M ,,. C. y r J, k o 't Registration Form A-1 Tcrms A-1, A-2 and A-3 must be submitted together.) FOR OFFICE USE ONLY How to Register there are three easy ways to register for the conference: I. Register online at golfindustryshow.com 3. Mail completed registration forms with check, money order or ?. Fax completed registratior forms with credit card payment credit card payment to: GCSAA Registration information to 785.832.3E28 P.O. Box 219004 (IF YOU A4E FAXING, DO NOT MAIL THE ORIGINAL REGISTRATION FORM.) Kansas City, MO 64121-9004 4 confirmation will be sent within 10 business days of receipt of complete registration, registrant A Information iCSAA Member Number (if applicable) ______ irst Name Middle Initial tome Address: treat Address or 1..0 Box ity--- - --- — - --- State-- Zip ---- --- ountry _ I aephone-- - --- — -- — --- Mail - — ---- — --- nergency Contact Name & Telephone Number Job Title: (Please check the category below that best describes your job title.) :1 Golf Course Superintendent ❑ Distributor :] Assistant GC Superintendent ❑ Green Chairman :1 Club/Course Owner/Operator ❑ Student :1 Club President ❑ Media �J Other Golf Course Management ❑ Other :1 Company Representative Check here if you DO NOT want to be listed in our online Attendee Directory. Check here if you are a first-time attendee. ADA assistance Provide a letter indicating specific ADA requirements. GCSAA staff will contact you to discuss setting up services to accommodate your needs adge Informatior ease print the following information as you wish it to appear on your badge. ckname st and last name will appear as it is in the Registrant Information section. urse/Company Name Y, a« Joe mple Badge Joseph Smith Cross Creek Country Club Lawrence, KS Send credentials for this meeting to: ❑ Home ❑ Business Send other mail from GCSAA to: ❑ Home ❑ Business Last Name Business Name Street Address or P.O. Box �N —o City ---- — — -- — --Mate ---Zip -- — -- Country - — --- — — - — -- --- — — — -- I 1 Telephone -- — —-- — — 1 1 Fax - -- - Registration Options (Select only one of the following options.) Advance Fees Standard Fees Thru Jan. 31, 2007 After Jan. 31, 2007 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 numoer of the superintendent with whom you are attending. The superintendent's registraton form mist be submitted at the same time as yours. See page 62 for details. *Golf Course Superintendent's Name Member Number Trade Show Only Options 1009 ❑ Trade Show Only Pass $150 $200 1010 ❑ Distributor (see previous page) $150 $200 GIS GOLF INDUSTRY REGISTRATION REFERENCESEIVIINAR , Two -Day Seminars 1.4 education points $260 member $390 nonmember (lunch included) Monday & Tuesday, Feb. 19-20.8 am - 5 pm 228-01 1 Physicai Problems of Turfgrass Soils: Identification and Correction 355-01 The Superintendent's Role in Construction, Renovation and Grow -In Tuesday & Wednesday, Feb. 20-21.8 am - 5 pm 147.01 Golf Course Cor struction Techniques and Management Wednesday & Thursday, Feb. 21-22.8 am - 5 pm 093-01 1 Salt -Affected Turfgrass Sites: Assessment and Management One -and -a -Half -Day Seminar 1.05 education points $215 member or nonmember (lunch included) Monday, Feb. 19.8 am - 5 pm Tuesday, Feb. 20.8 am - Noon 289-01 1 Certified Golf Irrigation Auditor (CGIA) Program One -Day Seminars .7 education points $130 member $195 nonmember (lunch included) (Except where otherwise noted) Monday, Feb. 19.8 am - 5 pm 080-01 Calculations and Practical Mathematics for Use in Golf Course Management 201-01 Developing a High -Performance, People -Oriented Golf Course Maintenance Staff 030-01 Human Resource Management 373-01 IPM: Putting Together an Effective Plan for Your Golf Course (Six-hoir course, .55 education points, $100 member, $150 nonmember) 011-01 Irrigation Water Quality 236-01 Seashore Paspalum Management on Golf Courses 374-01 Trees, Landscape Design and Course Character Tuesday, Feb. 20.8 am - 5 pm 259-01 Advanced Management of Warm -Season Turfgrass Insect Pests 277-01 Advanced Turfgrass irrigation Water Quality: Assessment and Management 060-01 Advanced Weed Management 138-01 Bentgrass Management and Root Zone Maintenance 244-01 Bermudagrass Greens Management 467-01 NEW Coaching Skills for the Golf Course Superintendent 342-01 Cuttinc Edge Disease Identification and Management for Cool -Season Grasses 332-01 Environmental Action Plans for Your Golf Facility 287-01 Exploring a Caraer as a General Manager 110-01 Financial Essentials for the Superintendent 455-01 NEW Habitat Assessment Techniques 284-01 How to Get the Best From Your Staff 113-01 Management Strategies for the Turfgrass System 207-01 Managing the Hispanic Workforce 442-01 NEW Organic Approach to Golf Course Management (Six -hour course, .55 education points, $100 member, $150 nonmember) 091-01 Problems and Solutions: Using Annuals and Perennials in the Gclfscape 045.01 Recycled Water Irrigation 322-01 Soils -The Foundation of Quality Turf 346-01 Spanish for Golf Course Maintenance 321-01 Taking Control of Green Speed 195.01 -urfgrass Management 101 190-01 'urfgrass Traffic Stress: Physiology and Management 063-01 USGA Intermediate Rules of Golf Wednesday, Feb. 21.8 am - 5 pm 458-01 NEW Advanced Management of Ultradwarf Bermudagrass Golf Greens 450-01 NEW Advanced Stress Management Strategies for Cool -Season Turfgrasses 466-01 NEW The Club General Manager, Human Resources, Management and Facilities 452-01 NEW Cutting Costs Not Corners During Renovation (Six -hour course, .55 education points, $100 member, $150 nonmember) 469-01 NEW Designing Landscape and Golf Irrigation Systems with Reclaimed/Recycled Water ($145 member and nonmember) 454-01 NEW Developing a Water Quality Monitoring Program (Six -hour course, .55 education points, $100 member $150 nonmember) 376-01 Golf Course Energy Conservation and Pollution Prevention Opportunities (Six -hour course, .55 education points, $100 member, $150 nonmember) 349-01 Golf Course Risk Management: A Systems Approach 071-01 Golf Greens: History, Theory and Construction 365-01 International Management Programs for Golf Courses 468-01 NEW Leadership Skills for the Golf Course Superintendent 186-01 Management of Zoysiagrass on the Golf Course 331-01 Micrescopic Identification of Turfgrass Diseases 456-01 NEW Modern Lake Management 271-01 Physiology and Culture of Annual Bluegrass 344-01 Plant Growth Regulators: Physiology and Application in Cool -Season Turfgrass (Six -hour course, .55 education points, $100 member, $150 nonmember) 343-01 Plant Nutrition and Fertilizers 013-01 Preparing Your Golf Course for Tournaments 240-01 Solving Your Drainage Problems 253-01 Speaking with Impact 356-01 Spotlight on the Military Superintendent 449.01 NEW Streambank Stabilization for Golf Courses 106-01 Turfgrass Field Seminar (.35 education points) 457-01 NEW Using your Computer -Excel in Depth (Six-nour cou se, .55 education points, $100 member, $150 nonmember) 066-01 1 Wildlife Management and Habitat Conservation Thursday, Feb. 22.8 am - 5 pm 227-01 Communication Skills to Get You to the Top and Keep You There 231-01 Golf Course Trees and Turf: A Peaceful Coexistence 178-01 GPS/GIS: Tools for Effective Course Management 326-01 Strategic Career Planning for Superintendents and Assistants (Six -hour course, .55 education points, $100 member, $150 nonmemberl 383-01 Strategies for Poe anrua Prevention and Control in Cool -Season Turf (Six -hour course, .55 education points, $100 member, $150 nonmember) 324-01 Successful Project Management 460-01 NEW Using Your Computer-PowerPoint in Depth (Six -hour course, .55 education points, $100 member, $150 nonmember) 260-01 Warm -Season Turfgrass Disease Management Half -Day Seminars .35 education points $65 member $100 nonmember Lunch is included for those attending two half -day seminars in one day. Monday, Feb. 19. a am - Noon or 1- 5 pm 181.01 Comprehensive Photography for Golf Courses, Personal Images and Projects (AM) 312.01 Managing Turfgrass Foot Systems in the North (AM) 375.0' Mastering Your Financial Planning: The Grass Can Be Greener (PM) 329-01 Planning for an Irrigation Renovation (PM) 351-01 Using Wetting Agents on the Golf Course (PM) 394-01 Using Your Computer - Microsoft Excel (PM) 393-01 Using Your Computer - Microsoft Word (AM) Tuesday, Feb. 20.8 am - Noon or 1 - 5 pm 384-01 Comprehensive Golf Course Environmental Management Planning (PM) 377-01 Effective Watershed Management Planning for Golf Course Operations (AM) 464-01 NEW Genetically Engineered Turfgrasses: Promise or Disaster? (AM) 114-0' Localized Dry Spots on the Golf Course (AM) 270-01 Management of Weeds in Cool -Season Turfgrass Systems (AM) 313-01 Managing Turfgrass Root Systems in the South (PM) 386-01 Pest Management in Seashore Paspalum [PM) 470-01 NEW Taking Control of Your Career: Using a Superintendent's Crystal Ball (PM) 387.01 Using Alternative Turfgrass Species Appropriately on Golf Courses (AM) 395-01 Using Your Computer - PowerPoint (AM) 461-01 NEW Using Your Computer - The Internet (PM) Wednesday, Feb. 21.8 am - Noon or 1 - 5 pm 348-01 Designing for Affordable Golf - New Construction and Remodeling (AM) 370-01 Electrical Troubleshooting: Part I (PM) ($105 member and nonmember) 357-01 Employee Recruitment and Selection: How to Hire the Right People (PM) 327-01 Golf Course Ownership: It May Be More Attainable Than You Think (AM) 380-01 Golf Course Superintendent/Technician Teamwork: Managing Playability Together (PM) 116-01 Guest Architect Seminar with Steve Forrest (AM) 319-01 Hazardous Duty Basic Bunker Maintenance (AM) 314-01 The Integrated Approach to Vertebrate Management IPM) 465-01 NEW Making the Most of Your Job Today While Preparing for Tomor-ow (AM) 311-01 Managing Turfgrass Root Systems in the Transition Zone (AM) 391-01 Maximizing Disease Control with Modern Turfgrass Fungicides (PM) 378-01 Negotiating for Success (PM) 358-01 Preparing Your Way to Certification (AM) (1st offering) 358-02 Preparing Your Way to Certification (PM) (1nd offering) 392-01 The Science and Philosophy of Foliar Nutrients (AM) 246-01 Shaded Greens: Turf, Trees and Politics (PM) Thursday, Feb. 22.1 - 5 pm only 317-01 Administrative Management (PM) 379.01 Customer Service - A Superintendent's Perspective (PM) 054-01 Enhancing Your Value as a Professional Golf Course Superintendent (PM) 381.01 Managing Change for Personal and Facility Success (PM) 389-01 Native Wildflower Meadows: Let's Get Real (PM) 500-01 Remodeling Univers ty I (Overview) (PM) ($120 member and nonmember) 518-01 Remodeling University ll(PM)($120member and nonmember) 443-01 NEW Setting Your Course Standards and Measuring the Mark (PM) 350-01 Technology for Effic ent Turf Care Product Application (PM) 462-01 NEW Write it Right (PM) Friday, Feb. 23.8 am - Noon only 325-01 Calibrate Your Management Skills - Business Management for Today Superintendent (AM) 315-01 Developing Best Management Practices (BMPs) for Golf Course Water Conservation: Approaches and Resources (AM) 177-01 Evaluating Career Changes (AM) 092-01 Time Management for the Golf Course Superintendent (AM) Friday, Feb. 23.1- 5 pm only 340-01 Student Seminar - Fundamentals of Investing: How to Make Better Decisions About Your Money (PM) ($25 member, S7UDEWS ONLY) "a t A - sty 4 4aulnYa COUNCIL/RDA MEETING DATE: November 21, 2006 ITEM TITLE: Adoption of a Resolution Granting Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31910, Capistrano, La Quinta 57 Estates, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31910, Capistrano, La Quinta 57 Estates, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31910 is generally located north of Avenue 58 and west of Monroe Street (Attachment 1). This residential development will consist of 130 numbered lots; on approximately 39.44 acres (Attachment 2). On April 6, 2004, the Council approved Tentative Tract 31910. The developer has requested the City Council's approval of the Final Map (Attachment 2). To date, the SIA (Attachment 3) has been executed by the developer and the associated securities have been received. The Final Map is technically complete. As a result, City staff has prepared the attached Resolution which provides for approval of the Final Map and SiA. The approval is contingent upon receipt, 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 IVlap for recording by the County Recorder. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Adopt a Resolution of the City Council granting approval of a Final Map and Subdivision Improvement .Agreement for Tract Map No. 31910, Capistrano, La Quinta 57 Estates, Inc.; or 2 Do not adopt a Resolution of the City Council granting approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31910, Capistrano, La Quinta 57 Estates, Inc.; or 3 Provide staff with alternative direction. Respectfully submitted, Tifnothy R: Jbnassgn, P.E. Public Works Director/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement RESOLUTION NO. 2006-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING FINAL MAP APPROVAL OF TRACT MAP NO. 31910, CAPISTRANO, LA QUINTA 57 ESTATES, INC. 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: Resolution No. 2006- Tract Map No. 31910, Capistrano Adopted: November 21, 2006 Page 2 Section 1. The final map for Tract Map 31910 is approved. 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 of 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. Resolution No. 2006- Tract Map No. 31910, Capistrano Adopted: November 21, 2006 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of November, 2006, 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: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. 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O V. 101 --- ti y e m .d.10'1 ml = Y Y m w O 10 m OJ 10, OJ N Y QNNWD m C m J N w / Y M m i O I m ` m vpM �A v a �wwry m N q®p WsN n �j O I w anD I > W m �\ 0 o -j n 07 to N O w Iwo n � I ^ m M N M I Or lN9 I N C Or W m r A P O i pOj I q I Q O O I w aD n w - --- ZYdIVI WWd w N b N N N N N N N N 'Oul'6u41muOO VSW 'S!tAO19'Wd ZO:ZZ:£ 90OZ/6/ 11 'BMP'91HS dVW NIA Z lL I\dOW IOuy\ONYNlSldVO Z I L I\UVJd\:S I W— @ 1 1-, I I I I n-rn, rrm . 11115 9 lm*m r, z_ \ e l g 1 051 ^\ a p \ d m o O t /Saa fit CyI 1 11i9i! i ` = al Oidt 7 r ` 1�s r M a 'W I s I a -3.MS= kI I e l I I CO 1i p0 1 GJ p Sal kio- C N N a,t I o5 ssI Fj I Na Meat I I w d � iat 2H b log z 'oul'6utllnsuo7 VSW 'sl-oH'Wd L9:9 t:6 90oZ/6/ t 1 '6MP'L 1tiS dV W Nld Z lL l\dOW I1)uld\ONVb1SldV0 Z I L l\0 VJV\71 ' 1.1111mg.--.Rlowopoll I R y� ■ ILL. t-�:+: ■yyEy�.: - T t! i3�rtrlr�LCa�cr1��LL1 Ai^tA A,\�AA�■■A oG��e�wi �Il�rr�r■iwiwiiii I • � ' ��K�� yK�� ? vcr�.�i�!�ti�yi �:��k.'.�Mayrt��iw�� '1 � "�J'ik! r� y�■� ��,�7L�rLc►rd a'7n'k'A�7^�k+l�'� �' 1 "' :7t' i''� l�r�K� �L. � �i!� wwraawr�r� ww w;j*wa 1�*rrrrr] "'1w„1�2i�7ww Tr Iiiiiiiiiiii 57y �9 44 inifilli ifili f'n trnr' `m',�rrtp n e xl r f.n.l� to-16�a �rtlily v MIN 4,a1a16aMN '' . ��Ilrrlll�rll�rrrrrrrrrrrrrrrrrr�rr�rrrrrrrrrrrrrlir loi c.o - n aL= _ o- _- r - a , 'Oul •6u41--Z) VSW 'q-O[Q' Wd 6Z:SZ:£ SWZ/6/ 11 'BAWB 1HS dVW NH Z I L I\dOW Wuy\ONYSISId V 0 Z I L 1\aYDY\:S Ulm � ----------- $r--------------- — — — — — — — — - — ----- — — I IMULg 30LWM W avo �% 101 4n"4 aendl $ q iG�cwp N q1y ' 13 I a •� � a g ° I 1NEI d• m� e� �ia a� co m 9 .rssc=N I p l I a p3 b b tl �ry�ry p/ �� I I �� ✓C la t 3 a ^ n n ~Ehy 1� 6 pQ am ge �i I � ' L 13318 338 ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.31910 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between LA QUINTA 57 ESTATES, INC. a CALIFORNIA 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. 31910 (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 Gass 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. TADevelopment Services Division\Development Projects\Agreements\SIA\SIAs in Progress\Capistrano TM 31910\8ond Reduced\ONSITE_SIA doe 1 of 7 B. Improvement security shall conform to Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through 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 r) f✓ TADevelopment Services Division0evelopment ProjectMAgreements\SIA1SIAs in Progress\Capistrano TM 31910\Bond Reduced\ONSITE_SIA.doc I_ +. J of 7 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.6., 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 utilizec during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty , 1 TADevelopment Services Division\Development Projects\Agreements\SIA\SIAs in Progress\Capistrano TM 319IMond Reduced\ONSITE SIA.doc 3 of 7 ` security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the 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 Qulnta 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. ., TADevelopment Services Division\Deveiopment Projects\Agreements\SIA\SIAs in Progress\Capistrano TM 31910\Bond Reduced\ONSITE_SIA.doc 4 of 7f 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. TADevelopment Services Division\Development Projects\Agreements\SIA\SIAs in Progress\Capistrano TM 31910\Bond Reduced\ONSITE_SIA.doc 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of Califomia. 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 Date ATTEST: City Clerk Principal Address LA QUINTA 57 ESTATES, INC. 78-401 HWY 111 STE G LA QUINTA, CA 9k253 (760) 777-9920 N, F� By: Title: Presi t By: — Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date Date TADevelopment Services Division\Development Projeds\Agreements\SIA\SIAs in Progress\Capistrano TM 3191o\Bond Reduced\ONSITE_SIA.doc 6 of 7 Exhibit A ON -SITE SECURITY — TRACT MAP NO. 31910 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 (Rough Grading Bond $ 286,226 Posted) $ _ Street $ 797,543 $ - Domestic Water $ 69,785 $ - Storm Drain $ 46,648 $ - Dry Utilities $ 362,970 $ - Sewer $ 59,469 $ - Monumentation $ 20,000 $ - Totals $ 1,642,641 $ - Standard 10% Contingency $ 164,264 $ - Total Construction Cost $ 1,806,905 $ - Professional Fees, Design 10% $ 180,691 $ - Professional Fees, Const 10% $ 180,691 $ - Bond Amount $ 2,168,286 TADevelopment Services Division\Development Projects\Agreements\SIA\SIAs in Progress\Capistrano TM 31910\Bond ReducedlONSITE_SIA.doc 7 of 7 ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss. On September 18, 2006 before me, IRIS R. MORA, a NOTARY PUBLIC personally appeared JOHN R. PEDALINO, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the persons acted, executed the instrument. T;;1;'— ICOMMOn #� 145"12 R WITNESS my hand and official seal. v�c-c�ronja aa �`. re�de county 11 NAy camm. BOO Dec 16. 2W7 y Signature r ��- (� (NOTARY SEAL) DOCUMENT PROVIDED BY STEWART TIME OF CALIFORNIA, INC NOTARYI DOD CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31910 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this _ _ day of _ , 20 by and between LA QUINTA 57 ESTATES, INC. a CALIFORNIA 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. 31910 (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. TADevelopment Services, Division\Development Projects\Agreements\SIA\SIAs in Progress\Capistrano TM 31910\Bond Reduced\OFFSITE_SIA.doc 1 of 7 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 TADevelopment Services Division\Development Projects%greements\SIA\SIAs in Progress\Capistrano TM 31910\Bond Reduced\OFFSITE_SIA.doc 2�of 7 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final } acceptance or approval by the City Council of all Tract Improvements. However, if at the end 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 TADevelopment Services Division\Development Projects\Agreements\SIMSIAs in Progress\Capistrano TM 31910\Bond Reduced\OFFSITE_SIA.doc 3 of 7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 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. 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 Subdividers obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdividers obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdividers 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 Subdividers 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. TADevelopment Services Division\Development ProjectMAgreements\SIA\SIAs in Progress\Capistrano TM 31910\Bond Reduced\OFFSITE_SIA.doc 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Securitv. 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. r' TADevelopment Services Divtsion\Development ProjectMAgreements\SIA\SIAs in Progress\Capistrano TM 31910\Bond Reduced\OFFSITE_SIA.doc 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Principal Address LA QUINTA 57 ESTATES, INC. 78-401 HWY 11' 1 ST�If G LA QUINTA, CA 922 (760) 777-9920 By:_ Title: By: Title: Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date Date Date TADevelopment Services DiAsion0evelopment ProjectMAgreementsOAtSIAs in Progress\Capistrano TM 319101Bond Reduced\0FFSITE_SIA.doc 6 of 7 Exhibit A OFF -SITE SECURITY — TRACT MAP NO.31910 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street $ 294,779 $ 294,779 8' Meandering Sidewalk $ 42,264 $ 42,264 Perimeter Landscaping $ 66,567 S 66,567 Median Landscaping $ 23,885 S 23,885 Storm Drain $ 18,522 S 18,522 Domestic Water $ 22,037 $ 22,037 Sanitary Sewer $ 26,718 $ 26,718 Totals $ 494,772 $ 494,772 Standard 10% Contingency $ 49,477 $ 49,477 Total Construction Cost $ 544,249 $ 544,249 Professional Fees & Plans, Design 10% $ 54,425 $ 54,425 Professional Fees, Const 10% $ 54,425 $ 54,425 Bond Amount 653,099 653,099 TADevelopmenl Services DivisionlDevelopment ProjectMAgreements%SIA\SIAs in Progress\Capistrano TM 31910\Bond ReducedlOFFSITE_SIA.doc 7 of 7 ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss. On September 18, 2006 before me, IRIS R. MORA, a NOTARY PUBLIC personally appeared JOHN R. PEDALINO, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the persons acted, executed the instrument. Rd R. M C WITNESS my hand and official seal. CGMMk 0"# 14M12 � teRycanr".6�+esp2007' f� A Signature % (NOTARY SEAL) DOCUMENT PROVIDED BY STEINART TITLE OF CALIFORNIA. INC NOTARYIDOC Td-f 444" COUNCIL/RDA MEETING DATE: November 21, 2006 ITEM TITLE: Approval of Contract Change Order No. 9 and Acceptance of Avenue 52 Storm Drain Improvements, Project No. 2005-10 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve Contract Change Order No. 9 (Attachment 1) to reimburse the contractor for extra work caused by utility conflicts; accept Avenue 52 Storm Drain Improvements, Project No. 2005-10 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $134, 517, thirty-five days after the Notice of Completion is recorded. FISCAL IMPLICATIONS: The following is a budget summary: Budget Total Original Contract Contract Change Order No.1-8 Pending Contract Change Order No. 9 Total Construction Costs Amount paid to date Remaining Fiscal Commitment Retention to be Released 35 Days after Recordation Amount Remaining to be Billed Required Appropriation Amount $ 1,063,510 $ $ $ (888,390) (91,875) (364,902) $ $ 1,345,167 956,253 $ 388,914 $ (134,517) $ 254,397 $ 281,657 I? � Adequate funding is not available to pay the contractor's remaining billing ($254,397) and retention ($134, 517) for project closeout. An additional appropriation in the amount of $281,657 is required. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On February 15, 2005, staff proposed mid -year budget adjustments in the Redevelopment Project Reserves at $1.2 million and $400,000 in Project Area Nos. 1 and 2, respectively. These allocations were in part to construct storm drain improvements within Avenue 52 to address flooding where the Calle Rondo channel previously entered the northwest corner of SilverRock Resort. Storm drainage improvements totaling $465,000 were approved as part of the Agency's recommendation. On August 30, 2005, three sealed bids were received for the construction of this project. The Mocon Corporation submitted the lowest responsive bid in the amount of $888,390. On September 6, 2005, City Council awarded a contract for $888,390 to Mocon Corporation to construct the Avenue 52 Storm Drain Improvements, Project No. 2005-10. On November 7, 2005, a Notice to Proceed was issued with a 90 consecutive calendar day contract completion time starting November 28, 2005, and ending on February 25, 2006. Contract Change Order Nos. 1-8 covered exploratory trenching and pot -holing to determine where existing unmarked utilities were located and adjustment to grade of manholes and water valves and extended the contract by 10 working days.. Contract Change Order No. 9 compensates the contractor for delays incurred due to marked utilities that were at elevations other than those shown on the plans and unmarked utilities that were discovered during construction. This additional work included the rental of equipment and shoring during the 23 working day delay period while CVWD and Verizon relocated their facilities. In addition, Contract Change Order No. 9 compensates the contractor for additional paving quantities that were necessary to repair Avenue 52 once the storm drain was installed. The total number of working days added by Contract Change Order Nos. 1-9 extended the completion date to June 14, 2006. The project was deemed substantially complete on June 14, 2006. The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve Contract Change Order No. 9 (Attachment 1) to reimburse the contractor for extra work caused by utility conflicts; accept Avenue 52 Storm Drain Improvements, Project No. 2005-10 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $134,517, thirty-five days after the Notice of Completion is recorded; or 2. Do not approve Contract Change Order No. 9 (Attachment 1) to reimburse the contractor for extra work caused by utility conflicts; do not accept Avenue 52 Storm Drain Improvements, Project No. 2005-10 as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and do not authorize staff to release retention in the amount of $134,517, thirty-five days after the Notice of Completion is recorded; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jonasson, P.E. Public W6rks Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Contract Change Order No. 9 'f * :� 0 w � OF C&hf 4 4a" 'ONTRACTOR: Mocon Corporation 82-204 Highway 111 Indio, CA 92201 ONTRACT: Avenue 52 Storm Drain Improvements Attachment 1 Sheet I of I PROJECT NO. 2005-10 CONTRACT CHANGE ORDER NO. 9 i suant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following scribed work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, neral conditions, and special provisions of the original Contract. ESCRIPTION OF CHANGE its Contract Change Order makes full compensation to the contractor for right-of-way delays, increased asphalt concrete material costs, d periods of idle time for the crew and equipment incurred due to conflicts with existing unknown underground utilities and other related inflicts during the course of constructing the project. These conflicts prevented the contractor from installing storm drain pipe as many of e existing utilities were discovered during the course of work and not indicated or shown on the contract plans. Payment for this Change rder includes all mark-ups and costs for this claim and no additional compensation will be made therefore. AmoM$193,885.61 ND nis Contract Change Order allows for the adjustment of the actual Final Quantities installed versus the Bid Amount Quantities. Amount $171,016.02 Previous Contract Amount Through Change Order No. 8 $ 980,264.67 Add This Change Order No. 9 $ 364 901.63 . Revised Contract Total $1.345.166.30 y reason of this contract change order the time of completion is adjusted as follows: - 60 - days added to contract time. he revised contract completion date shall be: 6/14/06 ubmitted By: Date: .pproved By: Date: 'e, the undersigned Contractor, have given careful consideration to the changeproposed and hereby agree, ifthis proposal is approved that we will wvide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above wcified work and herebyqc ept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. accepted By: �l6/,1. Title: P2[3i ;ontractor:_ 'Moev&/ C01M Mw^/ , Date:__ Nov 91 04 T:\PROJECTS\2CONSTRUCTION\2005-10 AVE 52 STORM DRAIMCONSTRUCTION\PROGRESS PAYMENTS & CHANGE ORDERS\CHANGE ORDERS\CCO R9 DOC CITY OF LA QUINTA Avenue 52 Storm Drain Improvements Project No. 2005-10 Final Quantity Adjustment Comparison Base Bid Area No. 1 Actual Quantity Installed Contractor Extended Item No. Description Unit Bid Qt Unit Price Quantit New Total Unit Price Price Cost Difference 1 Mobilization 1 LS $70,000.00 1 $70,000.00 $70,000.00 $70,000.00 $0.00 2 Traffic Control 1 LS $50,000.00 1 $50,000.00 $50,000.00 $50.000.00 $0.00 3 Dust Control 1 LS $70.000.00 1 $70,000.00 $70,000.00 $70,000.00 $0.00 4 Install =1 56-OT with beddin and backfill 273 LF $200.00 273 $54,600.00 $200.00 $54,600.00 $0 00 5 nsta1154 R ( =150) with beddingand backfill 1,919 LF $230.00 1.919 $441,370.00 $230.00 $441,370.00 $0.00 Construct mahole pipe to pipe 6 EA $8,000.00 6 $48,000.00 $8,000.00 $48,000.00 $0.00 6 Install 4 concrete are en 1 1 EA $5,000.00 1 $5,000.00 $5,000.00 $5,000.00 $0.00 7 section Construct concrete bulkhead EA $4,000.00 1 $4,000.00 $4,000.00 $8,000.00 -$4,000.00 6 Install10 x20 route LS $7,000.00 1 $7,000.00 $7,000.00 $7,000.00 $0.00 9 ri -ra bed, nsta 24oa +17 0) ;_F $400.00 7 $2,800.00 $400.00 $2,800.00 $0.00 10 with beddin and backfill r176001 Construct 4-way junction structure EA $8,000.00 1 $8,000.00 $8,000.00 $8,000.00 $0.00 11 #3 to connet 48"x24' RCP to 54" -- Remove an demolish existing EA $10,000.00 1 $10,000.00 $10,000.00 $10,000.00 $0.00 12 outlet structure Overlay with .1' AC SF $1.00 56,375 $56,374.60 $1.00 $17,600.00 $38,774.60 13 Remove and replace S/W 194 SF $30.00 1,839 $55,170.00 $30.00 $5,820.00 $49,350.00 14 Remove and replace trail 160 SF $20.00 160 $3,200.00 $20.00 $3,200.00 $0.00 15 Remove an replace cur an 32 LF $80.00 134 $10,680.00 $80.00 $2,560.00 $8,120.00 16 utter emove an rep ace andscape 1 LS $7,000.00 1 $7,000.00 $7,000.00 $7,000.00 $0.00 17 and irri ation ring existign asphalt, Remove and 27200 SF $2.70 56,375 $152,211.42 $2.70 $73,440.00 $78,771.42 18 replace 4.5" over AC: section Signing and Striping 1 LS $4,000.00 1 $4,000.00 $4,000.00 $4,000.00 $0.00 19 CO #1 1 EA $35,013.79 1 $35 013.79 $35,013.79 $35,013.79 $0.00 CO #2 1 EA $29,858.00 1 $29,858.00 $29,858.00 $29,858.00 $0.00 CO #3 1 EA $8,515.00 1 $8,515.00 $8,515.00 $8,515.00 $0.00 CO#4 1 EA $5,110.88 1 $5,110.88 $5,110.88 $5,110.88 $0.00 CO #5 1 EA $6,974.00 1 $6,974.00 $6,974.00 $6,974.00 $0.00 CO #6 1 EA $4,570.00 1 $4.570.00 $4,570.00 $4,570.00 $0.00 CO #7 1 EA $983.00 1 $983.00 $983.00 $983.00 $0.00 CO #8 1 EA $850.00 1 $850.00 $850,00 $850.00 $0.00 Total $1,151 280.69 $980,264.67 $171,016.02 cea�t 4 4 Qgmrcu COUNCIL/RDA MEETING DATE: November 21, 2006 ITEM TITLE: Approval of Fiscal Year 2005/06 City of La Quinta Development Project Fee Report RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ! O STUDY SESSION: PUBLIC HEARING: Approve the Fiscal Year 2005/06 City of La Quinta Development Project Fee Report ("Report") prepared in accordance with 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 IMPLICATIONS: 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: (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 Fiscal Year 2005/06 (Attachment 1). Staff has sent this report to the Building Industry Association and Hofmann Land Development Company at their request. As of this date, staff has not received a response from either organization. In addition, there were no reportable payments made pursuant to development agreement for Fiscal Year 2005/06 (Attachment 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 Fiscal Year 2005/06. The alternatives available to the City Council include: UN 1. Approve the Fiscal Year 2005/06 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 2005/06 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, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Development Project Fee Report 2. Development Agreement Report ATTACHMENT City of La Quinta Infrastructure fee Government Code 66000 Calculation FY 05/06 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 05/06 Ending Fund Balance Revenues & Other Sources Developer fees Interest income 0 24,204 Total Sources 24,204 Expenditures & Other Uses Transfers out - Capital Improvement Project Fund 264,621 Total Uses 264,621 Total Available L $68,691 1 (240,417) 1 628,174 Five Year Test Using First In First Out Method June 30 2006 Remaining Commitment Unspent Unspent Funds Represent Ending Fund Balance Revenues Collected from 2000 147,727 147,727 0 Revenues Collected from 2001 210,807 210,807 0 Revenues Collected from 2002 126,854 98,198 28,656 Revenues Collected from 2003 70,822 70,822 Revenues Collected from 2004 31,458 31,458 Revenues Collected from 2005 16,302 16,302 Revenues Collected from 2006 24,204 24,204 Total Ending Fund Balance 628,174 456,732 147,238 Result: Five Year Spent Test Met in accordance with Government Code 66001. Capital Improvement Facilities Remaining Capital Improvement Facilities FY 05/06 Commitment % Complete % funded with fee Washington St Storm Drain lmprov 0 397,576 6.00% 100.00% Washington St Medians - Phase 2 235,404 0 100.00% 20.00% 2003/04 Traffic Signal Improvements 24,191 15,810 17.00% 17.00% Simon Dr Traffic Signal 0 39,621 0.00% 15.00% Calle Tampico Sidewalk & Drain lmprov 5,026 3,725 3.00% 5.00% Total 264,621 456,732 1119 City of La Quinta Quimby Fees Government Code 66000 Calculation FY 05/06 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 05/06 Fund Balances Revenues & Other Sources Developer fees 5,875,672 Interest income 209,702 Contributions from property owners 0 Miscellaneous 0 Transfers in 0 Total Sources 6,085,374 Expenditures & Other Uses Transfers out Capital Projects 529,701 Total Uses 529,701 Total Available 1,993,901 5,655,673 7,549,574 Five Year Test Using First In First Out Method Remaining Unspent Funds Represent Ending Fund Balan June 30, 2006 Commitment Unspent Revenues Collected from 2004 6,758 6,758 0 Revenues Collected from 2005 1,667,144 152,240 1,514,904 Revenues Collected from 2006 5,875 672 5,875,672 Total Ending Fund Balance $7 549,574 $158,998 $7,390 576 Result: Five Year Spent Test Met in accordance with Government Code 66001. Capital Improvement Facilities Remaining Capital Improvement Facilities FY 05/06 Commitment % Complete % funded with fee 18 Acre Park Site - Childrens Water Feature $100,243 $158,998 34% 6% Library 152,009 0 100% 5% Sports Complex/Boys & Girls Club 270,000 0 100% 29% Fred Wolfe Bear Creek 7,449 1 0 1 100% 100% Total $529,701 1 $158,998 1 0 !|!„R■e; !|,■; !|�■■■■m, � n■� ■■! ! ! � ! f|■§| f f !§§||■, | !` ! || | || � 2 ! on�� ■ ! 2 ; ; ■ fA y§ > K 4 .■ ■ k & § ! � ■ # R | ° « § § ■ 7� I 2 #K%f■aK! ! ■■°� k■(°� �! $$§��■| $! .......... || n5■ Rom® & � ■|;a|■¥A� gf&�y;�§ ■ §�|| hill ■ 0 E nn�Q 0 gcr J 000000 O O O C U 0 Ao a000000^rn o c LL n�pp�p�ppp 00D Om^ Obi ellNn �9 �mmm V of KN" a $ E W � = o 8 8 nnNSBe$� N n N O M M mono 8 o W U N 8 W S$ � 10 10 N a N t� N � N s m � 80y8y888 v E U aoa ao ro" U h 000000 N C g 8� Q O g C m 0000�o act 8 nC4vm 4s w w '0Cin r a m g a a 8 8 U e a m C C G r Q Q .5 S r HIM N N N N N N i W a a i(S HIM UUU E c @ �55F W `W LL b19 U. U } W o ? n W o LL C$W C Y IZY 3 7RKLLKx p�pp�p�pp �pp p�p�pp p�pp�pp�p pp�p OO 98OpOp �8 pR8 o8812 J.; C r � 9l7998l9 o'CO949 99 �8t8t�Oog�{�{998�$o8�g �2 paOc�38 n M�'ao� rrptim y�`rp�mY�pp�i m OD$O Q� h lV m0 Vr�NCn1�M W O LL fV 17 n C O g£$5$5555585p5n888 LL frr-rf-r�r�•-rr W�� aaa C V z U _ W 2 W So ? a =r W $_ > `P " W Q A o n W mZ jag afla6o� PH ooQ Qx� Omti °� gg�cWNnWWFa�aLLR9 E �om� E�EOm'gW"�iU�oLL�g-ffi El�Y 0l <>W e E cc :F 6 C EN �fn dl m ONNMO r� ; °LL W mW 00 h 0 20,CS W W W W O W. 1D Ua. FF9Q>�f-F-1-Q`aa-E 7LL�E•- �4 = r Na 0.W } W •a W CL nLL c Q' c�y Q'n� S.o ��H 0 E��*; aEWVJ a�LLo oil p n 0 go N W $ C a V p3 « Wg G M D .apN� LL Q _ A6 MWQ�3 o�E�m�uOv �.WE W Q W 0 w W> W 0 10 001.W rn s$g��OW� �msg lL°pp � l}LD m j LL L W 5 C n W L 0 W O n 5 m 0 0 0 W @ O JN W � 92 m OD pppp1�=Nnc10 0 Y ~O N L 0 C C o W C V O> Z WQ fV W Za CL Z,2 W49 ATTACHMENT 2 For FY 05/06, no development agreement payments were received for development agreements entered into after January 1, 2004 in accordance with Government Code Section 65865 / T OF'CK�9 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: November 21, 2006 BUSINESS SESSION: ITEM TITLE: Approval of Fiscal Year 2006/07 City of La CONSENT CALENDAR: J Quinta Art in Public Places Annual Report STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Fiscal Year 2006/07 City of La Quinta Art in Public Places Annual Report prepared in accordance with Chapter 2.65 of the La Quinta Charter and Municipal Code. FISCAL IMPLICATIONS: The City must expend or commit fees from the Art in Public Places program within two years of their receipt and must account for these fees in a separate fund. In addition, administration expenses are limited to less than $25,000 or less than 5% of total funds in the account as of July 1st of any year. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta Art in Public Places fund is governed by Chapter 2.65 of the Municipal Code as amended by Ordinance No. 339. The major financial requirements that must be measured annually for conformance are found in the following Sections as follows: 2.65.110 (F) Reimbursement. In the event fees have not been committed for a use as specified in subsection B of this section within two years of their collection, the fees in the art in public places fund shall be distributed by the City to the person or entity who has paid the fees or in any other manner permitted by law. 2.65.110 (B) (7) Administrative expenses to otherwise implement any provision of this chapter, however, in no event shall said administrative expenses exceed five percent of the total funds in the account on July 1st of any year nor twenty-five thousand dollars in any fiscal year. Staff has prepared the analysis of the Art in Public Places program as required by the City Municipal Code. The report finds that: (1) no reimbursements are due to contributors and; (2) no excess administration costs were incurred (Attachment 1). FINDINGS AND ALTERNATIVES: The City of La Quinta meets the financial requirements of Municipal Code 2.65 - Art in Public Places for FY 2006/07. The Alternatives available to the City Council include: Approve the Fiscal Year 2006/07 City of La Quinta Art in Public Places Annual Report prepared in accordance with Chapter 2.65 of the La Quinta Charter and Municipal Code; 2. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Art in Public Places Financial Analysis ATTACHMENT City of La Quinta Art In Public Places FY 05/06 The Art in Public Places fund is used to account for fees paid in lieu of acquisition and installation of approved art works at approved sites. The fees are refundable if not expended or committed within two years. July 1,1999 - March 16,2000 Fee calculation - Residential is 1/4 of 1 % of value exceeding $100,000 with a $20 minimum - Commercial is 1/2 of 1% of value (no minimum) March 17,2000 - the present Fee calculation - Residential is 1/4 of 1% of value exceeding $200,000 with a $20 minimum - Commercial is 1/2 of 1% of value (no minimum) Beginning Ending Account Description Fund Balances FY 05/06 Fund Balances Revenues & Other Sources Developer fees 368,427 Interest income 33,282 Contributions from property owners Miscellaneous Transfers in Total Sources 401,709 Expenditures & Other Uses Transfer Out 226,920 Art purchases 37,877 Maintengance 4,700 Operating 1,815 Total Uses 271,312 Total Available 895,345 130,397 1,025,742 Administration Test Expenses Lesser of $25,000 or Available 5.00% 1,025,742 Budget Actual Under 25,000 51,287 1,815 0 (23,185) 25,000 1,815 23,185 lv 0 Y a� N C 7 LL C O O O O SO S O E 0 0 0 O O O O M O 00 V Y Z .N c 0 VtOOM0LOWMNM�M d e-000 qT 0Iqt000fV 00 0) �OOtOMntO�s-M0�0N OOn0N0M c-O e-tO tO a-Ot0 V ON M try � .0 U c- e- d' �" N N 0t- Itt000Ott70�ONtDO_DMOOto V 0 M0000 .-Vnn�-'t0tOt0M0 V t0Ot- 0000wN0M.-000'll00 I- to 1-N-I-:r- a- M— 00•--•O O e--� 0t0M1�CO�—MO V ON ;Tar- 00 s- .- V M— N M N 'Q N C O 7 .0 p O 00 c O U Lpn LO U O O0 CNM � � CO tnn N N n d cCM��M00 l� N O V e-t-0(01�•,q• LONU)O V LOMNp ce) tco"TF NNto04 0a -MCO V w0 r "TCN�001-M-e-Ov000 V C000�000Ot000NOOD CD r, UMtANtO��._.a MNNNCl) N t0 m m v c w c •v c w c 0 c f0 N 0 —NM "Cr totp n0000NM 0 0Im 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m v x s 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c c E E E E E E E E E E E E E E E 0 0 0 0 0 0 0 0 0 LL m LL 0 0 0 0 0 0 r-. r-. w x-. r-. w r-. .�. .� � r-. � cY t) to N N N lA fA N N In N y [n N N N fA mma� DtoTN0rototo(D a�a�a�a�w ._ �! C C tt 16YU 13t-5*B 3-5 t YU O F- lei W;r City of La Quints Art In Public Places Capital Improvement Facilities Future Commitments Past Payments Total Pro ect Year Commitments Made Applied Revenue Year Capital Improvement Facilities Spent FY 05/ Total % Complete % funded with fee Adams/Truman PTA 846 846 92 91 846 100.00% 100 00% Louis De Martino 73,500 73,500 93 92 53,409 100.00% 100.00% 93 20,091 Louis De Martino 0 33,136 33,136 2001 99 33,136 1.00% 100.00% K.Emerson & A.Dematteis 0 50,040 50,040 94 94 50.040 100.00% 100.00% Hwy 111 TDC - Paid 47,579 47,579 92 91 47,579 100.00% 100.00% Hwy 111 TDC - Credits 9,418 1,393 10,811 92 91 10,811 12.89% 100 00% Hwy 111 TDC - Future 14,582 22,028 36.610 92 91 26.683 60.17% 100.00% 92 9,927 Ministrelli TT25429 15,000 15,000 93 93 12,783 100.00% 100.00% 94 2.217 Bear Creek Path Art Work 5,000 5,000 95 94 5,000 100 00% 100.00% Fritz Bums Park 16,786 16,786 96 95 5,893 100.00% 100.00% 96 10,893 Rancho La Quints - Paid 35.000 35,000 96 94 8,019 100.00% 100.00% 95 26,981 Rancho La Quints - Credit 35.000 35,000 96 95 3.275 100.00% 100.00% 95 31,725 Fritz Bums Park - Art Fernandez 37,000 37,000 97 96 37,000 100.00% 100 00% Marcia Gibbons-L.Q. Car Wash 10,000 10,000 97 96 10.000 100 00% 100.00% Eagle Hardware -Credit 43,000 43,000 97 96 43,000 100.00% 100.00% Landscaping for Artpiece-Hwyl11/Wash. St 18,800 18,800 99 99 18.800 100.00% 63.10% Civic Center Aft Purchase 2,324 5,003 7,327 99 97 7,327 68.26% 100 00% City Entrance Monument Right -of -Way (0655) 3,832 3,832 2000 2000 3,832 100.00% 100.00% Construction of Base for New Art Piece -City Hall 2.694 2,694 99 2000 2.000 100.00% 100.00% 99 2001 694 100.00% 100.00% Washington St. Bridge-Nevarrete/Holmes & Narver) 3,380 3,380 98 96 3,000 100.00% 1.90% 97 380 Washington St. Bridge-Navarrete/Holmes & Nerver) 39,500 39,500 98 96 13.463 100.00% 1.90% 97 26,037 Washington St. Bridge -Artwork Construction 21.619 21,619 99 97 21,619 100.00% 1.90% Construction of Base for New Art Piece -City Hall 0 1,062 1,062 99 97 1.062 100.00% 100.00% Construction of Base for New Art Piece -City Hall City Entrance Monuments 0 296,713 296,713 99 97 56,753 100.00% 87 30% 98 131,850 99 37,110 2000 71,000 Obelisks Pilot Program -City Street Markers 98,762 98,762 2000 99 98,762 100.00% 100.00% Civic Center Campus 4.454 112,005 231,708 348,167 99 99 215,353 67.83% 10.34% Civic Center Campus 0 2000 2000 132.814 Civic Center Campus Civic Center Campus LQ Court Water Feature (75) 98,800 98,725 2001 2001 94,001 100.00% 100 00% 2001 2000 4.725 Jefferson St Bridge Artwork 3,000 3,000 2001 2000 3,000 100.00% 100.00% 7.800 7,800 2002 2000 7,800 Senior Center Mural 4,000 4,000 2002 2000 4,000 100.00% 100.00% Base for Wilderness Totem 0 0 2002 2000 0 0.00% too *00% Point Happy Art Piece 94,950 94,950 2002 2000 94,950 100.00% 100.00% Place Repaint Detroit Art Piece 3.705 6,995 10,700 2002 2000 10,700 65 37% 100 00% Omri & Boni Art Piece 0 35,000 35,000 2003 2001 35,000 100.00% 100.00% Peace Officers Sculpture 12,500 87,500 100,000 2004 2001 64.541 100.00% 100.00% 2002 35,459 Washington St Bridge Railing 110,000 110,000 2004 2003 110.000 0.00% 100.00% Embassy Suite Art Piece 67,169 67,169 2004 2003 36,898 100 00% 100.00% 2004 30,271 John Kennedy Sculpture 15,000 15,000 2004 2004 15,000 100.00% 100.00% Hwy 111 Landscape modification 75,740 75,740 2004 2002 90,599 100.00% 100 00% 2003 28,779 2004 (43,638) Point Happy & Sotitud Art Pieces 7,475 17.500 2,476 27,451 2005 2004 27.451 36.25% 100.00% Old Town Mural 4,731 4,730 9.461 2005 2004 9,461 50,00% 100 00% Eisenhower Or Bridge Railing 226.920 226,920 2005 2003 64.541 100.00% 6.00% 2004 162.379 LQ Arts Foundation Art Work 13,448 (1,195) 12,253 2006 2004 12,253 100.00% 100.00% LQ High School Art Mural 7.890 7,890 2006 2004 7,890 0.00% 100.00% Ave 52 Bridge 200,000 200,000 2006 2004 79,566 0.00% 9 50% 2005 120,434 Operating Expenses 3,711 3,711 93 92 3.711 100.00% 100.00% Operating Expenses 6.000 6,000 94 94 6,000 100.00% 100 00% Operating Expenses 36 36 95 95 36 100.00% 100.00% Operating Expenses 2,977 2,977 98 97 2.977 100 00% 100.00% Operating Expenses 5.920 5,920 99 99 5,920 100 00% 100.00% Operating Expenses 3,585 3,585 2000 2000 3,585 100.00% 100.00% Operating Expenses (5) (5) 2001 2000 (5) 100.00% 100.00% Operating Expenses 1,259 1,259 2002 2000 1.259 100.00% 100.00% Operating Expenses 2,706 2,706 2003 2001 2.706 100.00% 100.00% Operating Expanses 1,815 1,815 2006 2005 1.815 100.00% 100.00% Maintenance Expenses 1,060 1,060 2001 2000 1.060 100.00% 100.00% Maintenance Expenses 770 770 2002 2000 770 100.00% 100.00% Maintenance Expenses 1,200 1,200 2003 2003 1,200 Maintenance Expenses 4,700 4,700 2006 2005 4,700 Total 271.312 480,885 1 680 760 2 432 957 2 432 958 R T4t4t 4 ,('F'Quinfa COUNCIL/RDA MEETING DATE: November 21, 2006 ITEM TITLE: Approval of a Professional Services Agreement (PSA) with OMNIS Incorporated to Update the City's Pavement Management Program (PMP), Project 2006-12. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /OZ STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA), in the amount of $37,600 with OMNIS Incorporated to Update the City's Pavement Management Program (PMP), Project Number 2006-12 and authorize the City Manager to execute the PSA. FISCAL IMPLICATIONS: The project is budgeted within the Fiscal Year 2006/2007 Budget for the Public Works Department Maintenance Division. Account Title Account Budget Contract Services 101-7003-431.34-04 $864,368 Technical (Pavement Management Program) As presented within the attached PSA (Attachment 1) the cost to update the City's PMP is $37,600. The balance of budget presented above will be used to fund the recommended street rehabilitation (i.e. slurry seal, road reconstruction and re - striping) in the current pavement management plan. CHARTER CITY IMPLICATIONS: None. The project will update the City's Pavement Management Program and will not result in construction at this time. BACKGROUND AND OVERVIEW: On July 18, 2006, the City Council adopted the Fiscal Year 2006/2007 Budget. This year's budget includes the update of the City's Pavement Management Program (PMP). The PMP is a citywide survey that will include visual inspections of each City maintained street. The street inventory, and associated data base, will be updated to include street widths, sections, lane lengths, number of lanes, functional classification, date of and type of construction, and last known surface treatment. The PMP update will provide the City's policy makers with detailed street segment recommendations for maintenance requirements and/or the need for reconstruction. On September 19, 2006, the City Council authorized staff to distribute a Request for Proposal (RFP) to update the City's Pavement Management Program, Project Number 2006-12, and appointed a Consultant Selection Committee. The City received five proposals from qualified engineering firms on October 20, 2006. Following its evaluation of the five proposals, the consultant selection committee unanimously recommends Omnis Incorporated be awarded a PSA in the amount of $37,600 to update the City's PMP. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement (PSA), in the amount of $37,600 with OMNIS Incorporated to Update the City's Pavement Management Program (PMP), Project Number 2006-12 and authorize the City Manager to execute the PSA; or 2. Do not approve a Professional Services Agreement (PSA), in the amount of $37,600 with OMNIS Incorporated to Update the City's Pavement Management Program (PMP), Project Number 2006-12; or 3. Provide staff with alternative direction. Respectfully submitted, Yy Timothy R. Jonassq'n, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement (PSA) Attachment 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and OMNIS INCORPORATED ("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 the City of La Quinta Pavement Management Program Update, Project No. 2006-12, 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 Quanta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits. Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 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 Thirty -Seven Thousand Six Hundred Dollars ($37,600.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. 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. 'The term of this agreement shall commence on November 27, 2006 and terminate on March 30, 2007 (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: John Gabor, President Noel Zemla, Project Manager a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson P.E. Public Works Director/City Engineer, or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. 'In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant 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. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, 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 1 all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising oui: of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal InLry/Prooegty 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. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. 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 with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. 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. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise our of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. C. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity involved by, for with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. d. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. 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. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees; or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the: event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non- contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self - insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required) by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying 1ri . 1?, . with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 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 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 juris6ction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. P"i is 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-liabilityof f 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 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: OMNIS Incorporated Attention: John Gabor President 5195 Walnut Avenue #14 Chino, CA 91710 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 Severabilit . In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 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: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: OMNIS INCORPORATED Name: John Gabor Title: President Date: 1 j ' 2- N, Exhibit A Scope of Services Consultant's scope of work to Update the City of La Quinta Pavement Management Program, Project No. 2006-12 is attached and made a part of this agreement. Exhibit "A" -- Scope of Work Date: 11-21-06 Task I — Project Orientation Prior to the start of field survey OMNIS INC will meet with City staff to discuss in detail the expectations for the project. This will include segmentation criteria, the extent of pavement survey (10%, 50%, or 100% sample), and the decision matrix required for the City of La Quinta. Through these meetings, OMNIS INC would need to receive the following information: o A City map showing all public streets and alleyways within the city limit that are to be included in the survey. o All existing data, such as the current PMP database, street classifications, and the GIS dataset establishing the dynamic link. u The original construction date or last overlay information for all segments not current in the PMP database. o A review of the current PMP and PDA set-up will be necessary to begin the pavement condition survey. Once the PDA set-up is completed, a field survey will be conducted for each pavement segment. A visual inspection will be based on the discussed sample size reached at the Project Orientation meeting (OMNIS INC. recommends 100% sample size) Task 2 — Status Reports / Meetings OMNIS INC will schedule meetings with the City staff upon approximately 25% completion of the field survey. The Project Manager, Engineering Technician, and City Staff will review the distress data collected to ensure that it is consistent with the Army Corps Field Distress Manuals. The City's expectations from the Project Orientation meeting will be verified and adjustments in the survey method will be made if necessary. A Field Inspection Report will be generated and will serve as the primary method for quality control of the data to be included in the final report. The Pavement Condition (Field Inspection) will recommence upon completion of this review process. At 60% and/or 100% completion, OMNIS INC will review the updated Field Inspection Report with City staff to ensure that all streets have been inventoried and that the condition data is accurate. A random sampling, created by OMNIS INC and/or City staff, of street segments will be reviewed in the field. OMNIS INC, the Engineering Technician, and City staff will review the distresses collected from the random sampling as a group. A Quality Control Report will be prepared detailing errors found during the field review, with proposed solutions for correcting the data. The Quality Control Report will be reviewed with the City to ensure proper measures are taken for quality data for the Final Report. OMNIS INC will schedule a meeting with City Staff to submit and review the Draft Report. The City's staff will have two weeks scheduled for review of the Draft Report. OMNIS INC will attend the March 5th City Council Meeting unless rescheduled by City Staff and be prepared to make a presentation of the project to present the findings of the Final Report to upper management and City Council which would include, but is not limited to, condition assessment, maintenance results, and/or a Microsoft Powerpoint if necessary. Task 3 — Office Data Collection OMNIS INC will need the construction and maintenance records of roadway projects that the City of La Quinta has completed since the last Pavement Management Program Update. This data collection will include the following for each infrastructure item, if available: • Construction or Acquisition Completion Dates • Unit Costs or Total Project Costs • Maintenance zone, if any • Functional classification (i.e. arterial, collector, local) for new roadways • Structural section, if available • Traffic Index, if available • ADT and percent trucks, if available • Current improvement strategies and unit costs • Any other attribute data the City Staff wants to store in the MicroPAVER dataset The maintenance history investigation and project costs will be an integral part in establishing the Pavement Condition Index for those streets that recently underwent rehabilitation. Task 4 — Field Data Collection OMNIS INC recommends a 100% survey sample size. By surveying 100% of a segment surface area, a more accurate indication of pavement condition is accessed. This will generate an accurate estimate of maintenance and rehabilitation costs. Surveys will include the following attribute data: • Name of street • From / To limits of each segment will be reviewed and adjusted • Length of section • Width of section • Number of travel lanes • Verification of existing curb, gutter, and sidewalk • Median type and quantity • Surface type, such as AC, PCC, Gravel, or Dirt • Roadway classifications (Arterial, Collector, or Residentials) Condition Data The methodology for collecting pavement distresses that will be utilized is the MicroPAVER standards created by the Army Corps of Engineers. This standard includes distress definition, severity types, and quantity aspects of collecting field data. OMNIS INC. will collect the distresses determined based upon discussions with City staff at the Project Orientation (recommended 19 types), but at a minimum those distresses indicated in the City's Request for Proposal. OMNIS INC will be reviewing the segmentation lengths to ensure the City's policies are being met.. It is our understanding that the current segmentation for Arterial roadways may not be optimal for the City's maintenance policies and that a 1 mile segment lengths are desired. OMNIS INC will work with the City Staff to establish new lengths for Arterial roadways, re -inspect those roadways, and update the MicroPAVER database. Task 5 - Develop / Update Database OMNIS INC. will update the City's current database with the field survey data. A download of data, form the PDAs, will be completed and reviewed. The historical data that was researched in Task 3 will also be updated. The newly developed and/or acquired areas will be segmented and updated into the database and a GIS ID will be established to create the GIS dynamic link. OMNIS INC will be reviewing roadways that are shared with neighboring agencies and establish a Street Name Identifier that will allow staff to know the City boundary along with the GIS Mapping. A review of the final database will be conducted and any missing or incorrect data will be updated by the field survey notes. Task 6 - Strategies / Budget Analysis Pavement Life Cycle Good 40 % drop in quality Fair 75%of life �,e- $1.00 for renovation here 40% drop in Poor quality Will cost $4 here 12% of life\ Very Poor Failed Time Following review of the pavement condition inventory data, the various repair/rehabilitation strategies will be discussed. OMNIS INC. will review the City's existing repair and rehabilitation strategies, and assist the City with development of the most cost effective preventative maintenance, repair, and rehabilitation strategies. These strategies may include the use of chip seals, cape seals, slurry seals and overlays, based on the condition o f the "maintenance sections", the expected improvement in pavement condition and life cycle extension that would result, and the unit cost of each alternative. The strategies will be developed based on road class, type of surface and specific needs of the City. This will ensure that the recommended strategies are based upon the selection of appropriate activities, unit costs, and life cycles for the City. OMNIS INC will research the unit costs for materials within the Coachella Valley Region. We will use information from the City of Palm Desert, City of Desert Hot Springs, City of Coachella, and the City of La Quinta. OMNIS INC will create unit costs for each maintenance strategy including all "Soft Costs" that will provide the City of La Quinta with a total project costs budget scenario. These unit costs will be reviewed by our Engineering Department and the City's Staff. Budget Analysis will include scenarios of unlimited budget, current City budget, recommended budget and any other scenario the City requests and will be a part of the Draft Report. These scenarios will help City Staff prioritize rehabilitation projects and establish a backlog of maintenance of needs that will need to be addressed in future plans. The final scenario will be submitted in the Final Report. Task 7 — Report Preparation The Pavement Management Program Report will provide a summary of the findings from the condition survey with the corresponding recommendations for the implementation of the most cost effective maintenance program. The report will provide the City with the following information: • An executive summary outlining the completed project • Methodologies utilized for field survey and budget analysis • Work history of completed street maintenance and rehabilitation • Current pavement conditions (PCI) from best to worst in tabular form • Current pavement conditions (PCI) in alphabetical order • Condition distribution by Functional Class • Projected annual repair/rehabilitation programs for street maintenance of all streets over a 5 year period. • Project schedules and associated budgets (adjusted for inflation based on City criteria) over a 5 year period • Analysis that allows the City to measure and understand the impact of cost on deferred maintenance • Development of an unlimited, current, and recommended funding programs J u Exhibit showing existing PCI with From/To limits, length, lanes, and type of pavement u Exhibit showing the proposed annual work to be performed based on available funding for 5 years The Final Report will include the Original Cost, Accumulated Depreciation, and the Net Book Value of all pavement calculated for GASB 34 Compliance with an Appendix outlining all source data. Deliverable: 3 copies bound Draft and Final Reports. Electronic copy of Final Report Task 8 —Training OMNIS INC. will provide the City of La Quinta's staff training on field review, software, and budget analysis. The training can be broken into 4 half days, 2 days, or any combination that is suitable for the City. A field survey training can be conducted on any roadway close to the City Hall that has little traffic with weather permitting and scheduled by City Staff. Task 9 — GIS Dynamic Link OMNIS INC will update the City's ArcView shape file dynamically linked to the city's Pavement Management system. Using AutoCAD 2000, OMNIS INC. will create a series of closed polygons for each new developed and/or acquired segment of the street network that is not currently represented in the dataset. These polygons will be attributed with the same unique ID used in the pavement management system and linked to the City's existing Pavement Management system (MicroPAVER) through the use of an ODBC. This will allow the City to display street maintenance and planning information in the Paver system on the City's GIS system. Deliverable: Completed ArcVIEW shape file Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Thirty -Seven Thousand Six Hundred Dollars ($37,600.00) except as specified in Section 1.6 - Additional Services of the Agreement. 6-NoTIS INCORMRATKU Civil Engineering GIS Data Systems Infrastructure Management OMNIS INC submits this fee schedule for the Pavement Management Program Update and GIS fir the City of La Quinta. The total proposed is a Not -to -Exceed total of $37,600. Please contact us at 909-631-8335 for any questions or qualifications with our proposal. The following is our fee matrix: City of La Quinta Pavement Management Progralm Update Costs Proposal by Task Scope o r Work Descri tion Project Manaizer Inspector / Technician Admin Total by Task Phase I I $120/hr $75/hr $45/hr Task 1 Project Orientation 4 4 S800 Task Z Status Re orts / Meetin s 24 8 8 $3,800 Task 3 Office Data Collection 8 24 16 $3,500 Task 4 Field Data Collection 16 130 $11,700 Task 5 Develop/Update Database -8 40 24 $5,000 Task 6 State ies/Bud et Anal sis 40 Task 7 Report Reparation 40 16 $5,500 Task 8 'Training 20 $2,400 Task 9 GIS Dynamic Link 8 40 20 $4,900 'Total Hours 168 246 84 Not -to- Exceed Total $37,600 Exhibit "B" s Schedule of Hourly bates Effective for one year from Signed Contract Date Office En2ineeriniz Project Manager $120/1-Iour Project Engineer $120/Hour Inspector / Engineering Tech $75/Hour Administration $45/Hour Field Survey Survey Manager 3-Man Survey Crew 2-Man Survey Crew $130/Hour $286[Hour $220/Hour Exhibit C Schedule of Performance Consultant's Project Schedule is attached and made a part of this agreement. Consultant shall complete the services presented within the scope of work in accordance with the project schedule contained within Exhibit "C", dated November 21, 2006. L. o� cD ~ U 0 � LL CO O < N F v 0 � LL f0 O I— (D C 0 y CLS u. O H � g ❑ CA 1 (V CD W © :3 — CYi/ Ja)v E C/) 1 o �� CIO v 'fti W N H r 0 zlwl w o co 0 w 0 cc 0 � 0 ti 0 0 0 0 0 0 � I� r aO a0 In 00 N O W 07 to N U3 O C N C C O O O 7 F' 7 F O H ^^cu LL C) T . w -D . -waT . 3 . 3 . 3 . 3 . . 3 . 3 T cn UY R N N N N m 7 ❑ nl Of C N j co C CD p Q 03 W 'COO tm C �i Q m O a U A T a� «� N m a N U_ m N N C z 4 d co ❑ —20 w d d - E c 0 tg in 3 U N r 0 , N CD N CDO m F� Y fq O u ❑ to w 1, C9 U U 11 IT] 1 I 17 w I I I FF v~ �o g �U) V) LL n � O N d LL U) U) LL n O 00 � ag lL LL n O O LL c LL CL U O E ca LL U) O i •� C Vqq CD CD E V / (n a " O U O cm O u eat m o� 0 N� � .ry i � U) a rn � LL n ~ ' cu � y LL H n ?� N O) C N A f0 N O Q C Q Ol W ° f0 a cm 9 C O m C y O) N a� C O a m m T a� m a m d U E y Q a tm d c T :d = Z Y O N .:3 U 'O O 07 .0.. O C .0 C F-Y U) o o in w U U :. .0 qx W r N M et LO W n 00 O) Exhibit D None. Special Requirements T44f 4 4 a" COUNCIL/RDA MEETING DATE: ITEM TITLE: Approval of Contract Change Order No. 2 and Acceptance of Fiscal Year 2003/2004 Traffic Signal Improvement Program at Dune Palms Road and Desert Crest Drive and at Miles Avenue East of Verbena Drive, Project No. 2003-15 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: Aff STUDY SESSION: PUBLIC HEARING: Approve Contract Change Order No. 2 for a Contract Quantity Adjustment; accept Fiscal Year 2003/2004 Traffic Signal Improvement Program at Dune Palms Road and Desert Crest Drive and at Miles Avenue east of Verbena Drive, Project No. 2003-15, 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 $37,830, 35 days after the Notice of Completion is recorded.. FISCAL IMPLICATIONS: The following is a budget summary: Construction and Contingency Budget Total Amount spent through November 9, 2006 Amount Available Original Contract Contract Change Order No. 1 Pending Contract Change Order No. 2 Total Construction Costs Amount paid to date Remaining Fiscal Commitment Retention Amount Remaining Amount to Be Billed $ 408,321 $ 302,610 $ 105,711 $ 371,199 $ 3,100 $ 4,000 $ 378,299 $ 297,599 $ 80,700 $ 37,830 $ 42,870 Adequate funding is available to pay the contractor's remaining billing ($42,870) and retention ($37,830) for project closeout. The City of Indio and Desert Sands Unified School District will be invoiced for their remaining proportionate share of the final project cost. CHARTER CITY IMPLICATIONS: None. The project was partially funded with Federal Funding and was bid as a prevailing wage project. BACKGROUND AND OVERVIEW: The proposed improvements included 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 September 27, 2004, Caltrans approved the environmental document for the project. On July 11, 2005, staff submitted the necessary paperwork to Caltrans requesting funding obligation and authorization to proceed with construction. DBX, Inc. submitted the lowest responsive bid in the amount of $371,199. On December 6, 2005, City Council awarded a contract for $ 371,199 to DBX, Inc. to construct the Fiscal Year 2003/2004 Traffic Signal Improvement Program, Project No. 2003-15. On March 28, 2006, a Notice to Proceed was issued with a 120 consecutive calendar day contract completion time starting April 3, 2006, and ending on July 31, 2006. The project was deemed substantially complete on July 26, 2006. The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Contract Change Order No. 2 for a contract quantity adjustment; accept the Fiscal Year 2003/2004 Traffic Signal Improvement Program at Dune Palms Road and Desert Crest Drive and at Miles Avenue east of Verbena Drive, Project No. 2003-15 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 $37,830, 35 days after the Notice of Completion is recorded; or 2. Do not approve Contract Change Order No. 2 for a contract quantity adjustment; do not accept the Fiscal Year 2003/2004 Traffic Signal Improvement Program at Dune Palms Road and Desert Crest Drive and at Miles Avenue east of Verbena Drive, Project No. 2003-15 as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and do not authorize staff to release retention in the amount of $37,830, 35 days after the Notice of Completion is recorded; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Janjasson, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Contract Change Order No. 2 Attachment 1 C&lf 4 4adrw Sheet 1 of 2 CONTRACT: Fiscal Year 2003/2004 Traffic Signal Improvements Program Safe Routes to School Program Project No. 2003-15, State Aid Project No. SR2SL 5433 (006) :ONTRACTOR: DBX, Inc. 42066 Avenida Alvarado, Suite C Temecula, Ca. 92590 CONTRACT CHANGE ORDER NO.2 'ursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following escribed work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, eneral conditions, and special provisions of the original Contract. 1ESCRIPTION OF CHANGE his Contract Change Order allows for the adjustment of the actual Final Quantities installed versus the Bid Amount Quantities. Total 4,000.00 Previous Contract Amount Through Change Order No. 1 $ 374,298.96 Add This Change Order No. 2 $ 4,000.00 Revised Contract Total $ 378,298.96 Sy reason of this contract change order the time of completion is adjusted as follows: -0- days added/deleted to contract time.. >ubmitted By: Date: kpproved By: Date: Ve, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will wrovide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above pecified work, and hereby accept as full payment the amount wn above, which includes all direct and indirect overhead expenses for any delays. A,ccepted By: Title: -& r^ 1-1. Contractor: Date: zo7 a T:wRRomcrs2 cONsnucnoNwo3-15sR2sTSsDUNEPALMS-DESERTOtFLT&PEDSIGONMn,ES\CONSTRUCnONVADMII`71PR0(iRESSPAYMF.NrS6cCCA'WM#21= Attachment 1 Tjhf 4 4 a" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 21, 2006 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Supporting STUDY SESSION: the Efforts of the University of California Riverside PUBLIC HEARING: (UCR) for a School of Medicine RECOMMENDATION: Adopt a Resolution of the City Council in support of a School of Medicine at the University of California Riverside (UCR). FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council received a request, dated October 23, 2006 (Attachment 1), from Chris Buydos at the University of California Riverside, to adopt a resolution in support of a School of Medicine at UCR. Adoption of the resolution endorses this key initiative that will address the growing needs of physician work force shortage and service to our medically underserved region. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council in support of a School of Medicine at the University of California Riverside; or 1 9 L 2. Do not adopt a Resolution of the City Council in support of a School of Medicine at the University of California Riverside; or 3. Provide staff with alternative direction. Respectfully submitted, Terry Deptinger, Management Analyst Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. October 23, 2006 Letter from Chris Buydos RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SUPPORTING THE EFFORTS OF THE UNIVERSITY OF CALIFORNIA RIVERSIDE (UCR) FOR A SCHOOL OF MEDICINE WHEREAS, the Counties of Riverside and San Bernardino represent 10.4% of the State's population, greater than 22 states of the union; and WHEREAS, these two Counties represent the fastest growing region in the State with 4 million people and 17% of the State's geography which equates to an area larger than 10 states of the union; and WHEREAS, UC Riverside is the only comprehensive public doctoral research university in the region, making it a critical resource for the Inland Empire; and WHEREAS, the need for a medical school in the Inland Southern California region is apparent as the two county area of San Bernardino and Riverside is projected to have a shortfall of physicians by 2015 equal to 53% or 1,140 physicians; and WHEREAS, the region also has the lowest number of primary care and specialist physicians per 100,000 in the state; and WHEREAS, studies show that 70% of physicians stay in the area where they served their residencies; and WHEREAS, California's supply of physicians is expected to be 10% less than demand; and WHEREAS, only one -quarter of California's physicians are trained in the state; and WHEREAS, a UC Riverside School of Medicine will be the first new public school of medicine west of the Mississippi in the 21 st century and the first research -based school of medicine in California in nearly half a century; and WHEREAS, for 30 years UC Riverside has provided the first two -years of medical school through the UCR/UCLA Thomas Haider Program in Biomedical Sciences; and a Resolution No. 2006- Support for the University of California Riverside Medical School Adopted: November 21, 2006 Page 2 WHEREAS, a UC Riverside has world -class expertise with more than 100 faculty conducting research in health -related fields; and WHEREAS, a UC Riverside School of Medicine would partner with regional hospitals and clinics for its clinical programs; and WHEREAS, a UC Riverside School of Medicine would encourage high- tech start-up companies and attract others to the region, creating valuable jobs; and WHEREAS, the presence of a School of Medicine would create a new knowledge of medicine, which translates to improved health care; and WHEREAS, the City of La Quinta urges local and state legislators, Regents of the University of California to also support the efforts of UC Riverside for a School of Medicine. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City of La Quinta commits to supporting the efforts of the University of California Riverside for a School of Medicine. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of November, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ('I e% t <) J Resolution No. 2006- Support for the University of California Riverside Medical School Adopted: November 21, 2006 Page 3 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California t t � ATTACHMENT 1 Wanda Wise -Latta From: Chris Buydos [chris.buydos@ucr.edu] Sent: Monday, October 23, 2006 8:43 AM To: Wanda Wise -Latta Subject: UCR School of Medicine Dear Mayor Adolph: Next month on November 15th Chancellor Cordova will be presenting before UC Regents, on UCR's plans for a School of Medicine. We are hoping to receive authorization to move forward with this initiative from UC Regents at that meeting. In preparation, we have been garnering letters of support and resolutions of endorsement. We would be very appreciative if the City of La Quinta and/or yourself as Mayor could provide us an endorsement to this key initiative, that will address the growing needs of physician work force shortage and service to our medically underserved region. Our plans include partnerships with the county and community based hospitals through out the counties of Riverside and San Bernardino. http://www.medschool.ucr.edu endorse.html Please let me know if the City of La Quinta is interested in participating in this endeavor and should you have any questions, please feel free to contact me. Thanks! Chris Buydos, AiCP Executive Director Governmental & Community Relations and Technology Collaborations University of California, Riverside 1201 University Avenue, Suite 206B Riverside CA 92507 tel: (951) 827-8324 fax: (951) 827-5485 cel: (951) 288-8645 Chris.bul dos©ucr.edu uraw.gcr.ucr_edu 10/23/2006 T4'it 4 4 Qum& COUNCIL/RDA MEETING DATE: November 21, 2006 ITEM TITLE: Consideration of the Comprehensive Annual Financial Report for the Year Ended June 30, 2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve, receive and file the Comprehensive Annual Financial Report for the year ended June 30, 2006 (Attachment 1). FISCAL IMPLICATIONS: The fiscal impacts of this year's operation are discussed in the transmittal letter section of the report under long-term financial planning. In addition, Staff has written a management discussion and analysis section to report on the City's financial condition. 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, 2006. 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: If q I 1. Approve, receive and file the Comprehensive Annual Financial Report for the year ended June 30, 2006; or 2. Do not approve, receive and file the Comprehensive Annual Financial Report for the year ended June 30, 2006; 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, 2006 CITY OF LA QUINTA La Quinta, California Comprehensive Annual Financial Report Year ended June 30, 2006 Prepared by FINANCE DEPARTMENT JOHN M.FALCONER Director of Finance r l,; I CITY OF LA QUINTA Comprehensive Annual Financial Report Year ended June 30, 2006 TABLE OF CONTENTS INTRODUCTORY SECTION Letter of Transmittal List of Principal Officials Organizational Chart Certificate of Award for Outstanding Financial Reporting (CSMFO) Certificate of Achievement for Excellence in Financial Reporting (GFOA) FINANCIAL SECTION Independent Auditors' Report Management's Discussion and Analysis (Required Supplementary Information) Basic Financial Statements: Government -wide Financial Statements: Statement of Net Assets Statement of Activities Fund Financial Statements: Governmental Funds: Balance Sheet Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets Statement of Revenues, Expenditures and Changes in Fund Balances Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities Proprietary Funds: Statement of Net Assets Statement of Revenues, Expenses and Changes in Net Assets Statement of Cash Flows Fiduciary Funds: Statement of Fiduciary Assets and Liabilities — Agency Funds Page 1 3 17 18 20 23 24 26 27 28 29 30 CITY OF LA QUINTA Comprehensive Annual Financial Report Year ended June 30, 2006 TABLE OF CONTENTS, (Continued) FINANCIAL SECTION, (Continued) Notes to the Basic Financial Statements REQUIRED SUPPLEMENTARY INFORMATION: Budgetary Comparison Schedules: General Fund Notes to Required Supplementary Information SUPPLEMENTARY SCHEDULES Non -Major Governmental Funds: Combining Balance Sheet Combining Statement of Revenues, Expenditures and Changes in Fund Balance Non -Major Special Revenue Funds: Combining Balance Sheet Combining Statement of Revenues, Expenditures and Changes in Fund Balance Budgetary Comparison Schedules: State Gas Tax Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Library Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Federal Assistance Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual State Law Enforcement Block Grant (SLEBG) Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual i Page 31 78 80 82 83 86 88 90 91 92 93 CITY OF LA QUINTA Comprehensive Annual Financial Report Year ended June 30, 2006 aTABLE OF CONTENTS, (Continued) Page FINANCIAL SECTION, (Continued) Indian Gaming Fund: Schedule of Revenues, Expenditures and Changes in Fund a Balances — Budget and Actual 94 Lighting and Landscape Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 95 Riverside County Transportation Commission (RCTC) Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 96 Quimby Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 97 Public Safety Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 98 Arts in Public Place Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 99 South Coast Air Quality Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 100 AB 939 Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 101 Low/Moderate Income Housing Project Area No. 1 Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 102 e Low/Moderate Income Housing Project Area No. 2 Fund: Revenues, Expenditures and Changes in Fund Schedule of Balances — Budget and Actual 103 11 CITY OF LA QUINTA Comprehensive Annual Financial Report Year ended June 30, 2006 i 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 ;' 106 Redevelopment Agency Project Areallo. 2 Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 107 Financing Authority Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual ; ` 108 Major and Non -Major Capital Projects Funds: Combining Balance Sheet 110 Combining Statement of Revenues, Expenditures and Changes in Fund Balance 112 Budgetary Comparison Schedules: j Capital Improvement Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual ," 114 Redevelopment Agency Project Area No. 1 Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances —Budget and Actual 115 2004 Low/Moderate Income Bond Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 116 Infrastructure Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 117 I CITY OF LA QUINTA Comprehensive Annual Financial Report Year ended June 30, 2006 TABLE OF CONTENTS, (Continued) Page FINANCIAL SECTION, (Continued) Transportation Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 118 Parks and Recreation Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 119 Civic Center Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 120 Library Development Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 121 County Library Development Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 122 Community Center Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 123 Street Facility Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 124 Park Facility Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 125 Fire Facility Fund: 1 Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 126 Assessment District 2000-1 Phase VI Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual 127 CITY OF LA QUINTA Comprehensive Annual Financial Report Year ended June 30, 2006 TABLE OF CONTENTS, (Continued) FINANCIAL SECTION, (Continued) is Redevelopment Agency Project Area No. 2 Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Financing Authority Capital ProjectsFund: Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Internal Service Funds: Combining Statement of Net Assets Combining Statement of Revenues, Expenditures and Changes in Fund Balance Combining Statement of Cash Flows Agency Funds: F; Combining Balance Sheet Statement of Changes in Assets and P Liabilities Capital Assets Used in the Operation of Governmental Funds: Schedule by Source Schedule by Function and Activity Schedule of Changes by Function and Activity Page 128 131 132 133 136 138 142 143 144 I CITY OF LA QUINTA Comprehensive Annual Financial Report Year ended June 30, 2006 TABLE OF CONTENTS, (Continued) Table No. Pace 1 STATISTICAL SECTION Net Assets by Component 1 146 Changes in Net Assets 2 147 Changes in Net Assets — Governmental Activities 3 148 Changes in Net Assets — Business -type Activities 4 149 Fund Balances of Governmental Funds 5 150 Changes in Fund Balances of Governmental Funds 6 151 Assessed Value and Estimated Actual Value of Taxable Property 7 152 Assessed Value and Estimated Actual Value of Taxable Property — Redevelopment Agency 8 153 Direct and Overlapping Property Tax Rates 9 154 Principal Property Taxpayers 10 155 Property Tax Levies and Collections 11 156 Ratios of Outstanding Debt by Type 12 157 Ratio of General Bonded Debt Outstanding 13 158 Direct and Overlapping Debt 14 159 Legal Debt Margin Information 15 160 Pledged -Revenue Coverage 16 161 Demographic and Economic Statistics 17 162 Principal Employers 18 163 Full -thee City employees 19 164 Operating Indicators 20 165 Capital Asset Statistics 21 166 Schedule of Insurance in Force 22 167 I I P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO (760) 7 7 7 - 7 0 0 0 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 August 18, 2006 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. Further, 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, 2006. 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 internal 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. Mayer Hoffman McCann P.C. Certified Public Accountants, have issued an unqualified opinion on the City of La Quinta financial statements for the year ended June 30, 2006. 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 report and provides a narrative introduction, overview, and analysis of the basic financial statements. The MD&A complements the letter of transmittal and should be read in conjunction with it. i i Profile of the Government The City of La Quints is located 120 miles east of Los Angeles in the eastern portion of Riverside County known as the Coachella Valley. The City motto is "The Gem of the Desert." The City is ;governed by a five -member City Council under the Council/Manager form of government. The Mayor is directly elected by the citizens. The 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 Quints 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 Quints Chamber of Commerce, water and sewer service, through the Coachella. Valley Water District, electricity service through the Imperial Irrigation District, refuse collection through Waste Management Company, public transit through Sunline Transit Agency, and cable service through Time Warner. The City of La Quints 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 Quints'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.' �i i a Local economy According to the State of California Economic Development Department (EDD), as of July 2006, the total workforce for the City of La Quinta was 14,500 of which 14,100 were employed for a 2.6% unemployment rate. This rate is significantly lower than the Riverside County unemployment rate of 5.3% and the statewide unemployment rate of 4.8%. During the last ten years, the City of La Quinta has been in a growth phase with net assessed values increasing from $2.19 billion in FY 96/97 to $10.07 billion or over 460%. 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: 990 Only Store, Bed Bath and Beyond, Blend Restaurants, 1 Best Buy, Lamp Post Pizza, Legacy Furniture, Okura, Smart & Final, Thai Smile and Trader Joes. These compliment the Home Depot, Lowes, Wal-Mart, and Target 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 late 2006. 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, and the Cliff House. 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, Home Depot, Wal-Mart, Rancho La Quinta, and Lowe's. During the past ten years, the City of La Quinta general fund expenditures have 1 increased 317%. Departments that have exceeded the average include Public Works (567%), and Public Safety (378%). In the case of Public Works, much of the increase can be attributed to increases in street, landscape and park 1 maintenance costs. 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 385%. Sources that exceeded the average include intergovernmental (609%),and interest earnings (437%). 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 and in the case of interest, the increase is due to greater General Fund reserves and additional advances between 1 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. twenty (20) years, with an estimated population of 85,940 versus the current 38,340, the annual revenues into the General Fund will be $30 million less than expenditures. With this information, the City of La Quints 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) 05/06, the General Fund balance increased by $12.3 million consisting of revenue increases in each category: taxes, license and permit fees, 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, 2006 was $76.3 million of which $23.2 million was reserved and $53.1 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 reserveof 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 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 - iv I 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. 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 1 desired capital improvements that cannot, or need not, be funded within the five- year horizon and totaled $67.3 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 1 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. 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 05/06 with a similar amount in FY 04/05 to meet the State budget crisis. Also, since FY 02/03 through FY 05/06, the La Quinta Redevelopment Agency has contributed $7.8 million to the State of California pursuant to State of California Health and Safety Code 33681.12 to meet its 1 budget shortfalls. The La Quinta Redevelopment Agency contribution in FY 05/06 was $2.9 million and it is anticipated that no additional contribution will be made in FY 06/07. The $7.8 million of funds that have been diverted to the State will not tbe available for use within the City of La Quinta. Major initiatives The City has been working with the Coachella Valley Association of Governments 1 on a multi -year project to acquire 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 1 improvements to include the construction of a six -lane bridge over the Whitewater v Channel, which will provide an all-weather crossing. The low-water crossing at Jefferson Street and the Whitewater Channel, which has been washed out several times from winter rains that hit the region, will be eliminated once the project is completed. The La Quinta Financing Authority has issued $90 million in bonds 065 million in new funds) to develop low and moderate income housing to meet State mandates.. The La Quinta 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 has 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 hotel(s) and the second golf course. Awards and Acknowledgements The Government Finance Officers Association (GFOA) awarded a Certificate of Achievement for Excellence in Financial. Reporting to the City of La Quints for its comprehensive annual financial report (CAFR) for the fiscal year ended June 30, 2005. This was the ninth 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 finances. Respectfully submitted, GG2"1,L �Cv Thomas P. Genovese John X7, M. Falconer City Manager Finance Director vi I G IJ City of La Quinta Directory of Officials June 30,2006 1 CITY COUNCIL Don Adolph, Mayor eStanley Sniff, Mayor Pro Tern Terry Henderson, Council Member Lee Osborne, Council Member Tom Kirk, Council Member ADMINISTRATION Thomas P. Genovese, City Manager Michael O'Connor, Assistant City Manager John M. Falconer, Finance Director Tom Hartung, Building & Safety Director Doug Evans, Community Development Director Kathy Jenson, City Attorney Edie Hylton, Community Services Director June Greek, City Clerk Tim Jonasson, Public Works Director/City Engineer vii I 1 l l 1X Certificate of Achievement for Excellence in Financial Reporting Presented to City of La Quinta, 11 California For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2005 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. President of 9010,6-0 Executive Director I Mayer Hoffman McCann P.C. An Independent CPA Firm Conrad Government Services Division 2301 Dupont Drive, Suite 200 Irvine, California 92612 949-474-2020 ph 949-263-5520 fx www.mhm-pc.com 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, 2006, 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. The prior year summarized comparative financial information has been derived from the City's 2005 financial statements which were audited by Conrad and Associates, L.L.P., who merged with Mayer Hoffman McCann, PC as of January 1, 2006, and whose report dated August 18, 2005 expressed unqualified opinions on the respective financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information. 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, 2006, and the respective changes in financial position and cash flows, where applicable, of the City of La Quinta, California 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. 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, 2006 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. / / &dz4/ /V e. d a-n..,. /A.0 , Irvine, California August 18, 2006 2 1 Management's Discussion and Analysis e 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, 2006. 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 $445,258,000 (net assets). Of this amount, $84,345,000 (unrestricted net assets) may be used to meet the government's ongoing obligations to citizens and creditors. 1 • The government's total net assets increased by $67,705,000 with a decrease of $265,000 attributable to the 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 $215,498,000, an increase of $37,956,000 in comparison with the prior year. Approximately 20 percent of this e total amount, $43,714,000, 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 $15,197,000 or 50 percent of total general fund budgeted expenditures. • The City of La Quinta's total debt decreased by $4,108,000 during the current fiscal year from $251,520,000 to $247,412,000 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. 3 i 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 Quinta 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 Quinta include the SilverRock Golf course operations. The government -wide financial statements include not only the City of La Quinta itself (known as the primary government), but also the La Quinta Redevelopment Agency and the La.', Quinta Financing Authority. Although, legally separate entities, function for,all practical purposes as departments of the City of La Quinta, and therefore has been included as an integral part of the primary government. 11 The government -wide financial statements can be found in the table of contents under the Financial Section of 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 Quinta, 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 Quinta can be divided into three categories: governmental funds; proprietary funds, and fiduciary funds. 4 I 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 Quints maintains thirty four (34) 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 seven (27) 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. 1 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 1 5 device used to accumulate .and allocate costs internally among the City of La Quints'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 Quints'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 Quints'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. S 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 $445,258,000 at the close of the most recent fiscal year, which is $67,440,000 greater than the previous year. The largest portion of the City of La Quinta's net assets (66 percent versus 73 percent in the prior year) reflects its investment in capital assets (e.g., land, buildings; machinery, and equipment); less any related debt used to acquire those assets that is still outstanding. The City of La Quinta uses these capital assets to provide services to citizens; consequently, these assets are not available for future 1 spending. Although the City of La Quinta's investment in its capital assets is reported net of erelated debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. City of La Quinta Net Assets Governmental activities Business -type activities Total 2006 2005 2006 2005 2006 2005 Current and other moats 8 241,756,724$ 204,173,979$ 11,152,5190 1270,69114 - 240,604,2054 203,90E Net assets: Invested In capital moats, An additional portion of the City of La Quinta's net assets (15 percent versus 11 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 - $84,345,000 (19 percent) 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 1 unrestricted net assets had a deficit of $1,666,000. 1 7 Governmental activities Governmental activities increased net assets by $67,705,000 accounting for a 20 percent change in the net assets from the previous year. Key elements of these changes are as follows: City of La Quints Changes in Net Assets .�.. .mow. .•. • Revenues increased by $31,627,000 with the two largest category increases in capital grants and contributions ($15,327,000) and other taxes ($11,964,000). 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 other taxes change stemmed from increasing property, sales tax, transient occupancy; taxes, document transfer tax and franchise tax categories. Expenditures increased by $2,744,000with the two largest category increases in Public Works ($905,000) and General Government ($634,000). The increase in the Public Works costs is a result of higher street lighting and landscaping and park landscaping expenditures. The increase.in the General Government category is the first of four (4) contributions of $250,000 made to the California State University San Bernardino - Palm Desert Campus and greater general liability premiums. y, 1 1 e 1 1 e A transfer out of $1,137,000 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-Govemment &&vises o Expenses 35,000,000 t9 Proearn revenues 30.000.000 29,263,333 25,000,000 20,000,000 15,494,656 15,000,000 10,000,000 9,065,244 9,116,200 10.006, 5,906,016 xq 5,000.000 4.229,871 1, 76,988 e 57,761 $" r 7,849 d 1 426,0 r w$aFA 'ice'. General Public safety Cormunity Planning and Public corks Interest elpense government services developrrent Expenses and Program Revenues - Buslnessq pe AcgVldes o Expenses 5.000,000 0 RoOrarn revenues 4.523,146 4,500,000 4,000.000 3,500.000 3,121 ?81 9,000,000 i 1 Z: 2,500,000 s 0 k 2,000,000 1.500.000 4 1,000,000�"' a 500,000 GOB It Business -type activities This was the first full year of operations for the SilverRock Golf fund since the golf course began early operation in 2005. Net assets decreased by $ (265,000Y from the net effects of a transfer of assets from the governmental activities of $1,137,000 and an operating loss of $0,402,000). Charges for services primarily consisted of green fees and totaled $3,121,000 with golf course expenses of $4,523,000. Financial Analysis of the Government's. Funds As noted earlier, the City of La Quints 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 $215,498,000, an increase of $37,956,000 in comparison with the prior year. Approximately 45 percent of this total amount ($96,772,000) constitutes unreserved, which is available for spending at the government's discretion. The remainder of fund balance ($118,726,000) is reserved or designated to indicate that it is not available for new spending because it has already been committed 1) to pay debt service ($9,550,000), 2) to pay for bond -related capital improvement projects ($78,480,000), 3) to advance funds to other funds ($28,066,000), or 4) for a variety of other restricted purposes ($2,630,000). General Fund The general fund is the chief operating fund of the City of La Quints. At the end of the current fiscal year, unreserved fund balance of the general fund was $53,059,000, while total fund balance reached $76,269,000. 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 251 percent of the total budgeted expenditures. The City of La Quinta's general fund balance increased by $12,342,000 during the 1 current fiscal year. Key factors in this growth are as follows: 10 0 • An increase of $3,279,000 in taxes over the final budget, of which $980,200 was in property taxes, $644,200 was in sales taxes (1 percent of the 7.75 percent collected going to the City), and $997,800 was in transient occupancy taxes with the balance in other taxes. • An increase of $2,725,000 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. • An increase of $1,965,000 in licenses and permits over the final budget, which represents increased development and building activity in the Building and Safety department. • An increase of $1,368,000 in interest income over the budget, which is a result of higher than budgeted interest rates and larger amounts under investment. Actual expenditures were $5,727,000 less than the final budget. Divisions that were under budget for the year were Police ($1,570,000), Fire ($998,000) and Library ($611,000). 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 $7,974,000 during the current fiscal year. The key factor in this growth was the sale of property at State Highway 111 and Dune Palms Road that generated $6,292,000 for the fund. The remaining increase was a result of increased tax increment property taxes generated in the Redevelopment Project Area. 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, 1 construction and land acquisition in the project area. The fund balance decreased by $5,357,000 during the current fiscal year. The key factor in this decrease was the funding of $3,193,000 for the SilverRock project and $2,100,000 for the Eisenhower Drive Bridge project. 11 Proprietary funds The City of La Quints'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 Quints'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 $2,445,000 increase in appropriations and transfers out between the original ($27,986,000) and final amended budget ($32,474,000). Following are the main components of the increase: • $225,000 supplemental appropriation to the building and safety division for additional building plan check and inspection services; • $550,000 supplemental appropriation to the street maintenance division for slurry seal road improvements; and, • $300,000 supplemental appropriation; to the development and traffic division for additional plan check and contract inspection services. 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, 2006; amounts to $463,958,000 (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 decreased slightly this fiscal year from the sale of properties and from depreciation expenses exceeding new purchases. 12 I V V 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) Gowmmernal Business -type Major capital asset events during the current fiscal year included the following: Governmental activities • Recording the new La Quints library building, and equipment, which totaled $8,135,000; • Recording the land, park buildings and equipment in the park equipment and facility internal service fund, which totaled $1,007,000; • Recording infrastructure improvements, including developer dedications of $12,479,000, to street improvements, street right of way, street sidewalks and curbs and gutters, and street median, which total $23,472,000; • Recording the sale of land parcels in the Redevelopment Agency, which had a cost basis of $6,598,000. A parcel at State Highway 111 and Dune Palms Road was sold with a cost basis of $5,800,000; 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 $ 973,000. 1 Business -type activities • Recording improvements to the golf course, temporary clubhouse, and the maintenance building for the first golf course at SilverRock Resort totaled $973,000 and two (2) leases for golf carts and geographic positioning system (GPS) equipment totaled $608,000. I Additional information on the City of La Quints's capital assets can be found in Footnote 5 to the financial statements. 13 Long-term debt At the end of the current fiscal year, the City of La Quinta had total bonded debt outstanding of $246,323,000. $144,045 000 of this debt amount represents bonds secured solely by specified revenue sources (i.e., tax allocation bonds); while, $93,528,000 of the debt represents revenue bonds that will be paid from pledged tax increment property tax housing funds. In addition, $1,091,000 in capital equipment leases are outstanding in connection with SilverRock Golf Course. City of La Quinta Outstanding Debt Go"mmentsl Business -type The City of La Quints's total outstanding debt decreased by $4,107,000 during the 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. :1 4 i Economic Factors and Next Year's Budgets and Rates These factors were considered in preparing the City of La Quinta's budget for the 2007 fiscal year: • The City of La Quinta had a 2.76 percent unemployment rate. This rate is significantly lower than the Riverside County unemployment rate of 5.3 percent 1 and the statewide unemployment rate of 4.8 percent. During the last ten years, the City of La Quinta has been in a growth phase with net assessed values increasing from $2.19 billion in FY 96/97 to $10.07 billion or 1 over 460 percent. • During the current fiscal year, the general fund net income was $12,342,000. 1 $1,320,000 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 06/07. 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 Quinta, CA, 92247. 15 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 governments 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, 2006 Governmental Activities $ 138,539,117 Business -type Activities 68,702 Totals 2006 2005 138,607,819 97,186,820 78,480,841 - 78,480,841 85,975,369 212,966 11,907 224,873 235,897 1,574,654 - 1,574,654 787,752 317,955 1,865 319,820 557,017 712,629 139 712,768 669,888 12,974,945 - 12,974,945 12,858,098 1,576,635 (1,576,635) - - 7,116,681 - 7,116,681 5,259,127 250,301 250,000 500,301 251,110 - 91,503 91,503 122,210 53,943,514 35,603,648 89,547,162 92,704,958 255,685,006 - 255,685,006 246,299,394 26,827,331 - 26,827,331 27,794,113 84,335,933 7,562,126 91,898,059 72,858,990 662,548,508 42,013,255 704,561,763 643,560,743 3,189,246 456,495 3,645,741 4,282,021 565,677 13,617 579,294 444,430 4,321,360 - 4,321,360 4,381,316 - 18,015 18,015 10,800 1,912,664 25,000 1,937,664 2,940,411 481,535 - 481,535 2,158,731 907,392 - 907,392 4,912 5,883,046 335,520 6,218,566 5,103,723 240,438,728 755,082 241,193,810 246,416,154 257,699,648 1,603,729 259,303,377 265,742,498 253,559,117 42,075,172 295,634,289 274,661,975 Public safety 4,208,575 - 4,208,575 Community services 2,135,109 2,135,109 t Planning and development 37,305,763 - 37,305,763 Public works 21,629,329 21,629,329 Unrestricted 86,010,967 (1,665,646) 84,345,321 Total net assets $ 404,848,860 40,409,526 445,258,386 See accompanying notes to the basic financial statements. 17 2,845,076 868,545 28,980,144 10,728,092 59,734,413 377,818,245 CITY OF LA QUINTA Statement of Activities Year ended June 30, 2006 Program Revenues Operating Capital Charges for Contributions Contributions Expenses Services and Grants and Grants Governmental activities: General government $ 4,229,$71 717,849 - - Public safety 9,065,244 4,168,206 297,197 11,585 Community services 1,426,033 428,947 2,191,282 6,495,971 Planning and development 5,906,915 1,873,676 14,440 2,269,645 Public works 10,006,335 3,021,379 1,100,254 25,141,700 Interest expense 15,494,656 - - - Total governmental activities 46,129,054 10,210,057 3,603,173 33,918,901 Business -type activities: Golf course 4,523;146 3,120,728 - - Total $ 50,6522'200 13,330,785 3,603,173 33,918,901 General revenues: Taxes: Property taxes Tax increment Sales taxes Transient; occupancy taxes Franchise taxes Other taxes Investment income Motor vehicle in lieu, unrestricted 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 I 1 1 1 Net (Expense) Revenue and Changes in Net Assets Governmental Business -type Totals Activities Activities 2006 2005 (3,512,022) - (3,512,022) (3,150,243) (4,588,256) (4,588,256) (3,793,806) 7,690,167 - 7,690,167 1,872,989 (1,749,154) - (1,749,154) (3,752,843) 19,256,998 - 19,256,998 9,938,081 (15,494,656) - (15,494,656) (15,265,051) 1,603,077 - 1,603,077 (14,150,873) - (1,402,418) (1,402,418) (785,455) e1,603,077 (1,402,418) 200,659 (14,936,328) 3,679,079 35,168,329 - 3,679,079 35,168,329 2,579,245 24,443,112 7,613,075 - 7,613,075 6,773,566 5,437,238 _ 5,437,238 4,831,338 1,044,470 1,044,470 1,185,087 1,326,618 - 1,326,618 1,392,795 6,319,502 553 6,320,055 4,336,050 2,740,233 2,740,233 2,453,642 1,967,292 1,967,292 3,717,470 1,943,093 - 1,943,093 2,397,474 (11137;203) 1,137,203 66,101,726 1,137,756 67,239,482 54,109,779 67,704,803 (264,662) 67,440,141 39,173,451 337,144,057 40,674,188 377,818,245 338,644,794 $ 404,848,860 40,409,526 445,258,386 377,818,245 1 19 CITY OF LA QUINTA Governmental Funds - Balance Sheet June 30,2006 Debt Service Funds Redevelopment Redevelopment Agency - Agency - Financing General PA No. 1 PA No. 2 Authority Assets Cash and investments $ 54,307060 21,154,515 9,082,604 3,299 Cash with fiscal agent 1 1 427 18 292 Accounts receivable 10553 - Taxes receivable 1,574:654 Prepaid items 503642 - _ Interest receivable 361,1699 81,502 50,531 - Notes receivable (note 4) 89,265,000 Due from other funds (note 19) 1,1141793 - 1,765,531 - Due from other governments 4,395;992 611,633 412,607 Advances to other funds (note 19) 22,700,961 - _ Deposits 5,903 - Total assets $ 84,974,727 21,848,077 11,311,291 89,268,591 Liabilities and Fund Balances Liabilities: Accounts payable $ 2,240,044 Accrued salaries and benefits 563,345 Deferred revenue 4,116,113 89,265,000 Deposits payable 1,733:297 _ Retentions payable 19,877 - - Due to other governments 32,927 298,173 576,292 Due to other funds (note 19) _ _ Advances from other funds (note 19) 12,000,000 10,000,000 Total liabilities 8_ 70� 12,298,173 10,576,292 89,265,000 Fund Balances: Fund balances (note 22): Reserved for: Debt service 9,549,904 Bond projects _ Prepaid items 503,642 Notes receivable Advances to other funds 22,700,961 Deposits 5,903 Unreserved, reported in (note 25): General fund 53,058,618 Special revenue funds Debt service funds 734,999 3,591 ' Capital projects funds _ Total fund balances 76,269124 9,549,904 734,999 3,591 Total liabilities and fund balances $ 842974,727 21,848,077 11,311,291 89,268,591 ' See accompanying notes to the basic financial statements. ' '20 ' I 1 Capital Projects Funds Redevelopment Other Capital Agency - 2004 Governmental Totals Improvement PA No. 1 Low/Mod Bond Funds 2006 2005 1,375,066 928,957 - 47,606,002 134,457,503 93,760,215 19,864,230 58,615,630 244 78,480,841 85,975,369 108 - - 202,305 212,966 191,200 - 1,574,654 787,752 2,488 5,499 511,629 507,931 1,889 199,336 694,427 651,994 - 12,974,945 102,239,945 102,858,098 e - 2,880,324 3,894,522 1,696,449 7,116,681 5,259,127 4,385,127 979,970 28,066,058 38,965,686 - - 5,903 1,110 1,375,174 25,182,691 58,615,630 63,664,750 356,240,931 332,853,004 694,138 97,757 3,178 142,091 3,177,208 3,944,055 - _ - - 563,345 437,219 87,500 10,862,348 104,330,961 103,678,482 131,878 - 47,489 1,912,664 2,915,411 461,658 - - 481,535 2,158,731 - - 907,392 4,912 1,765,531 239,119 2,004,650 3,588,863 - - - 5,365,097 27,365,097 38,583,747 1,375,174 97,757 1,768,709 16,656,144 140,742,852 155,311,420 - - - - 9,549,904 4,601,741 19,864,230 58,615,630 - 78,479,860 85,970,111 2,488 - 5,499 511,629 507,931 2,112,597 2,112,597 2,117,873 4,385,127 979,970 28,066,058 38,965,686 - - 5,903 1,110 - 53,058,618 31,514,377 36,475,093 36,475,093 19,267,394 - - 738,590 (7,236,054) 833,089 (1,768,709) 7,435,447 6,499,827 1,831,415 25,084,934 56,846,921 47,008,606 215,498,079 177,541,584 1,375,174 25,182,691 58,615,630 63,664,750 356,240,931 332,853,004 21 i l (This page intentionally left blank) CITY OF LA QUINTA Governmental Funds Reconciliation of the Balance Sheet of Govermmental Funds to the Statement of Net Assets June 30, 2006 Fund balances of governmental funds $ 215,498,079 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 255,685,006 Other capital assets 213,988,832 Accumulated depreciation (65,017,273) Long-term debt and compensated absences that have not been included in the governmental fund activity: Bonds payable (237,572,540) Compensated absences (608,266) Other long-term liabilities (8,140,968) Accrued interest payable for the current portion of interest due on bonds payable has not been reported in the governmental funds. (4,321,360) Revenues that are measurable but not available. Amounts are recorded as deferred revenue under the modified accrual basis of accounting. 15,065,961 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 20,271,389 1 Net assets of governmental activities $ 404,848,860 ■J 1 See accompanying notes to the basic financial statements. 1 23 CITY OFLA QUINTA Governmental Funds - Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30, 2006 Debt Service Funds Redevelopment Redevelopment Agency - Agency - Financing General PA No. 1 PA No. 2 Authority Revenues: Taxes $ 19,259;829 36,506,201 19,849,893 Licenses and permits 5,145,430 _ _ Charges for services 2,180;058 Developer fees Intergovernmental 6,530,777 _ _ _ Investment income 4,115:872 652,351 459,695 231 Special assessments _ _ Rental income 123500 680,575 Loan repayments Miscellaneous 315,812 - - 11,015 Total revenues 3: 671,278 37,158,552 20,309,588 691,821 Expenditures: Current: General government 4,426,484 11,015 Public safety 13 029 187 Community services 1,248308 _ Planning and development 955;569 300,248 154,439 Public works 5,044;896 - _ Capital projects Debt service: Principal 3,340,636 200,000 1,065,000 Interest and fiscal charges 8,930,643 1,524,272 4,787,556 Payments under pass -through obligations 19,209,927 16,748,364 - Total expenditures 24,704,444 31,781,454 18,627,075 5,863,571 " Excess (deficiency) of revenues over (under) expenditures 12,966834 5,377,098 1,682,513 (5,171,750) Other financing sources (uses): Transfers in (note 21) 360;206 3,945,802 7,998,654 5,171,981 Transfers out (note 21) (984,883) (4,374 737) (1,706,754) _ Proceeds from sale of capital assets Total other financing sources (uses) (624,677) (428,935) 6,291,900 5,171,981 Net change in fund balances 12,342,157 4,948,163 7,974,413 231 Fund balances (deficit) at beginning of year 63,926,967 4,601,741 (7,239,414) 3,360 Fund balances at end of year $ 76,269;124 9,549,904 734,999 3,591 See accompanying notes to the basic financial statements. 124 11 C' C Capital Projects Funds Redevelopment Capital Agency - 2004 Improvement PA No. 1 Low/Mod Bond 108 8,255,422 8,255,530 25,407,673 172,112 76,342 25,656,127 (17,400,597) 1,038,028 1,038,028 2,246,441 2,246,441 Other Governmental Totals Funds 2006 2005 14,089,024 89,704,947 68,175,347 - 5,145,430 3,226,167 1,187,931 3,367,989 3,402,602 12,473,332 12,473,440 6,091,156 3,799,269 18,585,468 10,242,876 1,433,594 9,946,212 6,215,291 818,526 818,526 825,292 299,525 1,103,600 1,201,463 1,621,850 1,621,850 2,381,602 310,227 637,054 528,903 36,033,278 143,404,516 102,290,699 207,455 4,644,954 3,970,921 - 13,029,187 12,364,583 _ - - 1,248,308 1,104,509 666,017 720,227 3,051,063 5,847,563 5,719,373 _ - 1,942,118 6,987,014 6,206,769 37,877 25,445,550 40,012,387 - 4,777,748 3,793,660 235,799 15,554,612 14,355,577 - 35,958,291 25,756,321 666,017 720,227 5,474,312 113,493,227 113,284,100 372,011 1,526,214 30,558,966 29,911,289 (10,993,401) 17,412,465 913,378 25,849 35,828,335 49,248,081 (11,868) (6,642,051) (2,773,994) (19,498,238) (35,992,525) (49,248,081) 8,209,396 8,209,396 8,566,295 17,400,597 (5,728,673) (2,773,994) (11,262,993) 8,045,206 8,566,295 - (5,356,662) (1,247,780) 19,295,973 37,956,495 (2,427,106) 30,441,596 58,094,701 27,712,633 177,541,584 179,968,690 25,084,934 56,846,921 47,008,606 215,498,079 177,541,584 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, 2006 Net changes in fund balances - total governmental funds $ 37,956,495 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 27,500,418 Capital assets donated to other funds (973,013) Depreciation (4,202,088) Repayment of bond principal is an expenditure in the governmental funds, but the repayment reduces long-term liabilities in the statement of net assets. 4,455,924 The statement of net assets includes accrued interest on long tern debt. 59,956 To record as an expense the net change in compensated absences in the statement of activities. (59,238) Revenues that are measurable but not available.; Amounts are not recorded as revenue under the modified accrual basis of accounting. 1,387,480 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. 1,578,869 Change in net assets of governmental activities $ 67,704,803 See accompanying notes to, the basic financial statements. 26 CITY OF LA QUINTA Proprietary Funds Statement of Net Assets June 30, 2006 Business Type Governmental Actvities Activities - Enterprise Fund Internal Golf Course Service Funds Assets Current assets: Cash and investments $ 68,702 4,081,614 1 Accounts receivable 11,907 Prepaid items 1,865 50,724 Interest receivable 139 18,202 Total current assets 82,613 4,150,540 Noncurrent assets: Deposits 250,000 Inventory 91,503 - Capital assets, net 43,165,774 16,135,219 Total noncurrent assets 43,507,277 16,135,219 Total assets 43,589,890 20,285,759 Liabilities Current liabilities: Accounts payable 456,495 12,038 Accrued salaries and benefits 13,617 2,332 Deferred revenue 18,015 - Deposits payable 25,000 Due to other funds (note 19) 875,674 - Advances from other funds (note 19) 700,961 - Current portion of long-term liabilities 335,520 Total current liabilities 2,425,282 14,370 Noncurrent liabilities: Long-term liabilities 755,082 Total noncurrent liabilities 755,082 - Total liabilities 3,180,364 14,370 Net Assets Invested in capital assets, net of related debt 42,075,172 16,135,219 Unrestricted (1,665,646) 4,136,170 Total net assets $ 40,409,526 20,271,389 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, 2006 Business Type Governmental Actvities Activities - Enterprise Fund Internal Golf Course Service Funds Operating revenues: Charges for services $ 3,120,728 1,007,330 Total operating revenues 3,120,728 1,007,330 Operating expenses: Salaries and benefits 62,829 79,468 Fuel and oil 64,210 Maintenance and parts - 121,231 Contract services 3,882,264 41,833 Software and supplies - 97,300 Depreciation 517,833 616,106 Other operating expenses 60,220 30,363 Total operating expenses 4,523,146 1,O50,511 Operating income (loss) (1,402,418) (43,181) Non -operating revenues (expenses): Investment income 553 140,406 Gain (loss) on sale of capital assets - 6,269 Total non -operating revenues (expenses) 553 146,675 Income (loss) before transfers and capital contributions (1,401,865) 103,494 Transfers in 164,190 - Capital contributions 973,013 1,475,375 Changes in net assets (264,662) 1,578,869 Net assets at beginning of year 40,674,188 18,692,520 Net assets at end of year $ 40,409,526 20,271,389 See accompanying notes to the basic financial statements 28 1 CITY OF LA QUINTA Proprietary Funds Statement of Cash Flows Year ended June 30, 2006 Business Type Governmental 1 Actvities Activities - Enterprise Fund Internal Cash flows from operating activities: Golf Course Service Funds Cash received other customers $ 3,160,733 1,007,330 Cash payments to suppliers for goods and services (3,774,127) (365,523) Cash payments to employees for services (52,399) (81,160) Net cash provided by (used for) operating activities (665,793) 560,647 Cash flows from noncapital financing activities: Cash received from other funds 1,053,227 - Net cash provided by (used for) non -capital financing activities 1,053,227 Cash flows from capital and related activities: Insurance proceeds 9,985 Cash received from the sale of capital assets _ 225 Cash paid to acquire capital assets - (55,946) Principal payments on long-term liabilities (319,146) Net cash provided by (used for) capital and related activities (319,146) (45,736) Cash flows from investing activities: Interest received on investments 414 140,098 Net cash provided by (used for) investing activities 414 140,098 Net increase (decrease) in cash and cash equivalents 68,702 655,009 Cash and cash equivalents at beginning of year - 3,426,605 Cash and cash equivalents at end of year $ 68,702 4,081,614 Reconciliation of operating income to net cash provided by operating activities: Operating income (loss) $ (1,402,418) (43,181) Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation 517,833 616,106 Adjustments: (Increase) decrease in accounts receivable 32,790 - (Increase) decrease in prepaid: items (1,865) (1,638) (Increase) decrease in inventory 30,707 Increase (decrease) in accounts payable 139,515 (8,948) Increase (decrease) in accrued salaries and benefits 10,430 (1,692) Increase (decrease) in deferred revenue 7,215 Net cash provided by (used for) operating activities $ (�665,793 560,647 Noncash capital, financing and investing activities: Capital assets contributed by other funds $ 973,013 1,475,375 See accompanying notes to the basic financial statements. 29 CITY OF LA QUINTA Agency Funds Statement of Fiduciary Assets and Liabilities June 30, 2006 2006 Assets Cash and investments (note 2) $ 839,010 Takes receivable 30,313 Interest receivable 3,484 Total assets Liabilities Deposits payable $ 872,807 $ 872,807 Total liabilities $ 872,807 See accompanying notes to the basic financial statements. 30 2005 1,221,946 25,829 6,166 1,253,941 1,253,941 1,253,941 U CITY OF LA QUINTA Notes to the Basic Financial Statements Year ended June 30, 2006 (11 Summary of Significant Accounting Policies (a) Roorting Entity The City of La Quinta ("the City") was incorporated May 1, 1982 under the general laws of the State of California. In November 1996, the City became a charter City. The City operates under the Council - Manager form of government. The City provides many community services including public safety, highway and street maintenance, health and social services, cultural and leisure services, 1 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 0 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 emisleading 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 31 (b) CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) The La Quints, 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' Quints, 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 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 Authorit The La Quinta Public Financing Authority (Authority) was established pursuant to a Joint Exercise of Powers Agreement dated November 19, 1991 between the City of La Quinta and the La Quints, Redevelopment Agency. The purpose of the Authority is to provide financing necessary for the construction of various public improvements through the issuance of debt. Although the Authority is legally separate, it is reported as if it were part of the City because the City Council also serves as the governing board of the Authority. Separate financial statements of the Authority are not prepared. ' Basis of Accountine and Measurement Focus The basic f nancial 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 I [, �J CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies (Continued) Government -wide Financial Statements Government -wide financial statements display information about the reporting government as a whole, except for its fiduciary activities. These statements include separate columns for the governmental and business -type activities of the primary government (including its blended component units), as well as its discreetly presented component units. The City of La Quinta has no 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 expenditure. Proceeds of long- term debt are recorded as a liability in the government -wide financial statements, rather than as 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 expenditure. 33 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) Fund Financial Statements The underlying accounting system of the City is organized and operated on the basis of separate funds, each of which is considered to be a separate accounting entity. The operations of each fund are accounted for with a separate set of self - balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures or expenses, as appropriate. Governmental resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. Fund financial statements for the primary government's governmental, proprietary, and fiduciary funds are presented after the government -wide financial statements. These statements display information about major funds individually and nonmajor funds in the aggregate for governmental and enterprise funds. Fiduciary statements include financial information for fiduciary funds and similar component units. Fiduciary funds of the City primarily represent assets held by the City in a custodial capacity for other individuals or organizations. Governmental Funds In the fund financial statements, governmental funds are presented using the modified -accrual basis of accounting. Their revenues are recognized when they become measurable and available as net current assets. Measurable means that the amounts can be estimated, or otherwise determined. Available means that the amounts were collected during'the reporting period or soon enough thereafter to be available to finance the expenditures accrued for the reporting period. The City uses a thirty day availability period. Revenue recognition is subject: to the measurable and availability criteria for the governmental funds in the fund financial statements. Exchange transactions are recognized as revenues in the period in which they are earned (i.e., the related goods or services are provided). Locally imposed derived tax revenues are recognized as revenues in the period in which the underlying exchange transaction on which they are based takes place. Imposed non -exchange transactions are recognized as revenues in the period for which they were imposed. If the period of use is not specified, they are recognized as revenues when an enforceable legal claim to the revenues arises or when they are received, whichever occurs first. Government -mandated and voluntary non -exchange transactions are recognized as revenues when all applicable eligibility requirements have been met. 34 I e CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) Ll) Summary of Significant Accounting Policies (Continued) In the fund financial statements, governmental funds are presented using the 1 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. e Special reporting treatments are used to indicate, however, that they should not be considered "available spendable resources," since they do not represent net current assets. Recognition of governmental fund type revenues represented by noncurrent receivables are deferred until they become current receivables. Noncurrent portions of other long-term receivables are offset by fund balance reserve accounts. Because of their spending measurement focus, expenditure recognition for governmental fund types excludes amounts represented by noncurrent liabilities. Since they do not affect net current assets, such long-term amounts are not recognized as governmental fund type expenditures or fund liabilities. Amounts expended to acquire capital assets are recorded as expenditures in the year that resources were expended, rather than as fund assets. The proceeds of long-term debt are recorded as other financing sources rather than as a fund liability. Amounts paid to reduce long-term indebtedness are reported as fund expenditures. 1 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 ary of LA QUINTA Notes to the Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) Proprietary Funds The City's enterprise and 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. Redevelopment 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 I CITY OF LA QUINTA Notes to the Basic Financial Statements 1 (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 fund is 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 Technology Fund— This fund is used to account for the acquisition of computer equipment, maintenance, and services to support information systems within the City. Costs are reimbursed by the benefiting departments. 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. 1 37 i° CITY OF LA QUINTA Notes to the Basic Financial Statements ,i (Continued) 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) Inventory Inventory is valued at cost using the first in/first out (FIFO) method. (g) Capital Assets U 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. i 38 C 1 CITY OF LA QUINTA Notes to the Basic Financial Statements 1 (Continued) 1 (11 Summarof Significant Accounting Policies. (Continued) Capital assets include public domain (infrastructure) general fixed assets 1 consisting of certain improvements including roads, streets, sidewalks, medians, and storm drains. 1 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 1 as an expense against operations and accumulated depreciation is reported on the respective balance sheet. The following schedule summarizes fixed asset useful lives: 1 Buildings and improvements 10-30 years Equipment and furniture 3-20 years Vehicles 5-10 years Infrastructure 10-50 years (h) Employee Leave Benefits 1 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 1 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% 1 of the value of his unused sick leave. This will occur upon the completion of ten years of continuous employment. 1 (i) Postemployment Benefits The City does not provide postemployment benefits (other than pension benefits) 1 to its employees. (j) Prepaid Items 1 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. 39 CITY OF LA QUINTA ,- Notes to the Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) (k) Fund Equitv 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. (1) Comparative Data Comparative total data for the prior year have been presented in the accompanying financial statements in order to provide an understanding of changes in the Agency's financial position and operations. However, comparative (i.e., presentation of prior year totals by fund type) data have not been presented in each of the statements since their inclusion would make the statements unduly complex and difficult to read. ''Certain minor reclassifications of prior year data have been made in order to enhance their comparability with current year figures. (2) Cash and Investments h Cash and investments as of June 30, 2006 are classified in the accompanying financial statements as follows: Statement of net assets: Cash and investments $138,607,819 Cash with fiscal agent P 78,480,841 Statement of Fiduciary Assets and Liabilities: Cash and investments 839,010 Total cash and investments $217927,670 Cash and investments as of June 30, 2006 consist of the following: Cash on hand $ 1,000 Deposits with financial institutions (150,924) Investments 218,077,594 Total cash and investments 40 I CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (2) Cash and Investments, (Continued) 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 1 provisions of the California Government Code or the Entity's investment policy. 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. 1 41 CITY OF LA QUINTA Notes to the Basic ! Financial Statements (Continued) (2) Cash and Investments. (Continued) 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. Authorized Investment Type U.S. Treasury Obligations U.S. Agency Securities Banker's Acceptances Commercial Paper Money Market Mutual Funds Negotiable Certificates of Deposit Maximum Maximum Maximum Percentage Investment Maturity Allowed in One Issuer None None None None None None 360 days None None 270 days None None N/A None None 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. 42 I CITY OF LA QUINTA eNotes to the Basic Financial Statements e(Continued) e(2) Cash and Investments. (Continued) 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: Disclosures Relating to Credit Risk Remaining Maturity (in Months) 3 Months 4 to 6 7 to 12 Investment Tyne Total Or Less Months Months U.S. Treasury notes $ 71,958,924 14,908,210 53,080,045 3,970,669 Federal agency securities 34,870,625 12,486,270 9,915,724 12,468,631 Commercial paper 2,988,560 2,988,560 - - State investment pool 29,778,644 29,778,644 Held by bond trustee: Money market funds 5,626,971 5,626,971 - U.S. Treasury bills 72,853,870 33,825,670 39,028,200 Total $218.077.594 9.6 102.023.969 16.439.300 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 Total Raring Disclosure AAA As A=1 Rated U.S. Treasury notes $ 71,958,924 N/A 71,958,924 - - Federal agency 34,870,625 N/A - 26,941,425 - 7,929,200 securities Commercial paper 2,988,560 A 2,988,560 State investment pool 29,778,644' N/A - - 29,778,644 Held by bond trustee: Money market funds 5,626,971 A - 5,626,971 - U.S.Treasury bills 72,853,870 N/A 72,853,870 Total $218.077.594 44.812.794 4142 5.626.971 26Q 70 44 43 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (2) Cash and Investments. (Continued) 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 Issuer Type Amount Federal Home Loan Bank Federal agency security $17,414,458 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 in4he 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 LAW 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. 44 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. 1 45 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (4) Notes Receivable In September 1994, the Redevelopment Agency sold certain real property to LINC Housing for $2112,847. 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. 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. Other notes receivable Total notes receivable reported on the statement of net assets In June 2004, the Redevelopment Agency entered into an agreement to borrow $90,000,0W1 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 AllocationBonds 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. Total notes receivable reported in the Governmental Funds — Balance Sheet Outstanding Balance at June 30, 2006 $ 3,397,767 9,500,000 77,178 12,974,945 89,265,000 46 CITY OF LA QUINTA Notes to the Basic Financial Statements 1 (Continued) 1 (5) Capital Assets Capital asset activity for governmental activities for the year ended June 30, 2006 is as follows: Balance at Balance at June 30 2005 Additions Deletions June 30, 2006 1 Buildings and improvements $ 28,426,366 8,375,289 (140,000) 36,661,655 Equipment and furniture 1,670,697 295,505 (58,415) 1,907,787 Vehicles 1,091,912 62,816 (13,011) 1,141,717 Infrastructure 99,260,125 14,177,433 91227 113,346,331 Total cost of depreciable assets 130,449,100 22,911,043 302 653) 153,057,490 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 6,895,175 1,120,767 1,112,923 94,373 636,727 132,595 56,070,023 2,854,353 (36,667) 7,979,275 (54,474) 1,152,822 (13,011) 756,311 (91,227) 58,833,149 64,714,848 4,202,088 (195,379) 68,721,557 65,734,252 18,708,955 (107,274) 84,335,933 57,727,433 3,334,120 (7,118,039) 53,943,514 246,299,394 9,385,612 - 255,685,006 27,794,113 25,656,125 (26,622,907) 26,827,331 $397.555.192 07� 84.812 (33.848.220) 420.791.784 Depreciation expense was charged in the following functions in the Statement of Activities: General government $ 79,815 Public safety 564,121 Community services 593,056 Planning and development 24,053 Public works 2,941,043 Total governmental activities S4aE2 08 11 47 CITY OF to QUINTA Notes to the Basic Financial Statements (Continued) (5) Capital Assets. (Continued) Capital asset activity for business-typeactivities for the year ended June 30, 2006 is as follows: Balance at Balance at June 30. 2005 Additions Deletions June 30, 2006 Buildings and improvements $ 6,236,075 335,210 - 6,571,285 Equipment and furniture 1,058,737 620,011 - 1,678,748 Vehicles 20,348 - - 20,348 Software 20,255 20,255 Total cost of depreciable assets 7,335.415 955,221 8,290,636 Less accumulated depreciation: Buildings and improvements 116,409 226,600 337,009 Equipment and furniture 96,208 283,113 379,321 Vehicles 2,035 4,069 6,104 Infrastructure 2,025 4,051 6,076 Total accumulated depreciation 210,677 517,833 728,510 Net depreciable assets 7,124,738 437,388 - 7,562,126 Capital assets not depreciated: Land 34,977,525 626,123 35,603,648 Capital assets, net $42,102,263 .063.511 43.165.774 Depreciation expense was charged in the following function in the Statement of Activities: Golf Course $517.83 48 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (6) Changes in Long -Term Liabilities — Governmental Activities . Changes in governmental long-term liabilities for the year ended June 30, 2006 were as follows: Amounts Balance at Balance at due within June 30, 2005 Additions Deletions June 30, 2006 one year 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 $ 549,028 637,627 (578,389) 608,266 552,898 378,311 - (50,000) 328,311 50,000 898,141 (122,111) 776,030 132,491 140,263,659 - (2,348,968) 137,914,691 2,392,999 5,927,263 - (740,636) 5,186,627 755,449 6,230,000 - (100,000) 6,130,000 105,000 1,950,000 - (100,000) 1,850,000 100,000 94,522,058 (994,209) 93,527,849 1,794,209 $250.718.460 ¢ ( 0 4 1 246321.774 5.883.046 Compensated absences are generally liquidated by the general fund. 49 i CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) 7) Due to the Coachella Valley Association of Governments The City of La Quints, 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 has agreed to 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, 2006, the balance payable was $328,311. The minimum annual requirements to amortize payable to Coachella Valley Association of Governments as of June 30, 2006 are as follows: June 30 Principal 2007 $ 50,000 2008 50,000 2009 50,000 2010 50,000 2011 50,000 2012 50,000 2013 28.311 000"F1 (8) Tax Allocation Bonds As of June 30, 2006, 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, 2006 is $14,145,000. 50 I CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) 81 Tax Allocation Bonds. (Continued Series 1998. Proiect Area No. 1 Tax allocation refunding bonds, Series 1998, in the amount of $15,760,000 were issued by the Agency to refund the outstanding aggregate principal amount of the Agency's Tax Allocation Bonds, Series 1991. The remaining proceeds were used to finance certain capital improvements within the La Quinta Redevelopment Project Area No. 1. Interest rates on the bonds range from 5.20% to 5.25% and are payable semi-annually on March 1 and September 1 of each year until maturity. The interest and principal of the bonds are payable from pledged tax increment revenues. Term Bonds maturing September 1, 2028 are subject to mandatory sinking fund redemption, in part by lot, on September 1, 2013 and on each September 1 thereafter, 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, 2006 is $15,760,000. Series 1998, Project Area No. 2 Tax allocation refunding bonds, Series 1998, in the amount of $6,750,000 were issued by the Agency to refund the outstanding aggregate principal amount of the Agency's Tax Allocation Bonds, Series 1992. The remaining proceeds were used to finance certain capital improvements within the La Quinta Redevelopment Project Area No. 2. Interest rates on the bonds range from 3.75% to 5.28% and are payable semi-annually on March 1 and September 1 of each year until maturity. The interest and principal of the 1 bonds are payable solely from pledged tax increment revenues of Project Area No. 2. Term Bonds maturing September 1, 2028 and September 1, 2033 are subject to B 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 B 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, 2006 is $6,130,000. 1 51 I CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (8) Tax Allocation Bonds. (Continued) Tax Allocation Bonds. Series 2001 — Proiect Area No. 1 On August 15, 2001, the Agency issued tax allocation bonds in the amount of $48,000,000 to finance capital projects,benefiting the La Quinta Redevelopment Project Area No. 1. The 2001 tax allocation bonds were issued at a discount of $422,400 and issuance costs of $1,517,325. The bonds consist of $17,280,000 of term bonds that accrue interest at 5.00% and mature on September 1, 2021 and $30,720,000 of term bonds that accrue interest at 5.18% and mature on September 1, 2031. The interest and principal on the bonds are payable from pledged tax increment revenues. A portion of the proceeds were used to obtain a surety agreement to satisfy the bond reserve requirement. The principal balance of outstanding bonds at June 30, 2006 is $46,383,564 ($48,000,000 net of unamortized discount and issuance costs of $1,616,436). Tax Allocation Bonds, Series 2002 — Proiect Area No. 1 On June 12, 2002, the Agency issued tax allocation bonds in the amount of $40,000,000 to finance capital projects benefiting the La Quinta Redevelopment Project Area No. 1. the 2002 tax allocation bonds were issued at a discount of $360,000 and issuance costs of $1,250,096. The bonds consist of $6,355,000 of serial bonds and $33,645,000 of term bonds. Interest rates on serial bonds range from 1.75% and 4.00% and are payable semi-annually on March 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, 2006 is $36,879,584 ($38,275,000 net of unamortized discount and issuance costs of $1,395,416). Tax Allocation Bonds, Series 2003 - Project Area No 1 On September 1, 2003, the Agency, issued tax allocation bonds in the amount of $26,400,000 to finance capital projects benefiting the La Quinta Redevelopment Project Area No. 1. The 2003 tax allocation bonds were issued at a discount of $277,200 and issuance costs of $629,191. 52 [l 1 CITY OF LA QUINTA 1 Notes to the Basic Financial Statements (Continued) 1 (8) Talc Allocation Bonds, (Continued) Tax Allocation Bonds, Series 2003 - Proi ect Area No. 1, (Continued) 1 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 1 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. 1 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 1 June 30, 2006 is $24,746,542 ($25,605,000 net of unamortized discount and issuance costs of $858,458). 53 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (8) Tax Allocation Bonds, (Continued) The minimum annual requirements to amortize tax allocation bonds as of June 30, 2006 are as follows: Project Area No. 1 Project Area No. 2 Tax Allocation Bonds Tax Allocation Bonds June 30: Principal Interest Principal Interest 2007 $ 2,640,000 7658,900 105,000 314,785 2008 2,795,000 1,500,554 110,000 310,135 2009 2,960,000 1,330,189 115,000 305,184 2010 3,135,000 7,144,063 120,000 299,550 2011 3,330,000 6;941,435 125,000 293,272 2012 3,540,000 6,724,311 130,000 286,737 2013 3,765,000 6,491,872 140,000 279,819 2014 3,515,000 6,281,899 145,000 272,516 2015 3,690,000 6,095,257 150,000 264,956 2016 3,885,000 5896,531 160,000 257,013 2017 4,090,000 5687,234 170,000 248,556 2018 4,305,000 5:466,835 175,000 239,716 2019 4,530,000 5,234,798 185,000 230,491 2020 4,770,000 4,990,457 195,000 220,631 2021 5,020,000 4,733,125 205,000 210,131 2022 5,285,000 4,462,141 215,000 199,106 2023 5,565,000 4,175,504 230,000 187,425 2024 5,860,000 3,871,622 240,000 175,087 2025 6,170,000 3,549,682 255,000 162,094 2026 6,505,000 31209,208 265,000 148,444 2027 6,850,000 2,850,313 280,000 134,138 2028 7,220,000 2,472,033 295,000 119,044 2029 7,610,000 2,073,117 310,000 103,163 2030 8,015,000 1,653,186 325,000 86,494 2031 8,445,000 1,211,175 345,000 68,906 2032 8,905,000 745,023 360,000 50,400 2033 9,385,000 252,852 380,000 30,975 2034 - - 400,000 10,500 $ 141,785,000 124,703,316 6,130,000 5,509,268 54 CI L 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 panty debt as further described in the official statement. The amount of principal outstanding on the 1996 Lease Revenue Refunding Bonds at June 30, 2006 is $6,245,000. 2004 Series A Local Agency Revenue Bonds On June, 9, 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, 2006 is $87,282,849 ($89,265,000 net of unamortized discount and issuance costs of $1,982,151). 55 CITY OF LA QUINTA Notes to the Basic Financial Statements i. (Continued) (9) Revenue Bonds (Continued) The minimum annual requirements (including sinking fund requirements) to amortize revenue bonds as of June 30, 2006 are as follows: 1996 Lease Revenue 2004 Series A Revenue Bonds June 30: Principal Interest Pnncival Interest 2007 $ 345,000 333,865 1,520,000 4,403,156 2008 360,000 315,880 1,570,000 4,356,806 2009 380,000 296,450 1,615,000 4,304,994 2010 400,000 275,280 1,670,000 4,243,332 2011 420,000 252,525 1,740,000 4,175,132 2012 445,000 228,521 1,805,000 4,099,719 2013 470,000 203,130 1,890,000 4,016,581 2014 495,000 176,351 1,975,000 3,924,681 2015 525,000 148,046 2,075,000 3,823,431 2016 555,000 116,076 2,175,000 3,714,462 2017 585,000 86,441 2,290,000 3,597,256 2018 615,000 53,141 2,410,000 3,473,881 2019 650,000 18,038 2,535,000 3,344,075 2020 - - 2,670,000 3,207,444 2021 - 2,810,000 3,063,594 2022 - 2,960,000 2,912,132 2023 - - 3,115,000 2,752,663 2024 - - 3,275,000 2,584,925 2025 - - 3,450,000 2,408,394 2026 - - 3,630,000 2,227,082 2027 - - 3,810,000 2,041,082 2028 - - 4,000,000 1,845,832 2029 - - 4,200,000 1,640,832 2030 - - 4,410,000 1,425,582 2031 - 4,635,000 1,196,560 2032 - - 4,870,000 952,994 2033 - 5,120,000 697,000 2034 - 5,380,000 427,938 2035 5,660,000 145,031 $ 6.245.000 2.503.744 89,265 000 81.006.586 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, 2006 is $1,850,000. The minimum annual requirements to amortize amounts due to the County of Riverside as of June 30, 2006 are as follows: June 30: Principal 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 250,000 185 00 F I 1 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, 2006 totaled $5,186,627. 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 School District as of June 30, 2006 are as follows: June 30 2007 2008 2009 2010 2011 2012 2013 (12) Developer Agreement Payable payable to Coachella Valley Unified Principal $ 755,449 770,558 785,968 801,688 817,722 834,076 421,166 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 upon a $500,000 note at an interest rate of 8.5%. For the year ended June 30, 2006, 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, 2006 is $776,030. 58 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) 1 (12) Developer Agreement Payable, (Continued) The minimum annual requirements to amortize the developer agreement payable as of June 30, 2006 are as follows: June 30 Principal Interest Total 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 23,870 198,454 776 030 �� 992.270 (13) Changes in Long -Term Liabilities — Business -type Activities Changes in business -type long-term liabilities for the year ended June 30, 2006 were as follows: Amounts Balance at Balance at due within June 30, 2005 Additions Deletions June 30, 2006 one year Golf Course: Capital leases payable 0$8`11Z f0 L46) L�602 5 The City of La Quinta entered into several capital lease agreements for the operation of Silver Rock Resort. The City financed the acquisition of a point -of -sale system, maintenance equipment, GPS equipment and golf carts. These lease agreements qualify as capital leases for accounting purposes and, therefore, have been recorded at the present 1 value of their future minimum lease payments as of the inception date. The assets acquired under these lease agreements are recorded at their acquisition cost of $1,488,617. e 0 0 59 CITY OF .LA QUINTA Notes to the Basic Financial Statements (Continued) (13) Changes in Lone -Tenn Liabilities Business -type Activities (Continued) The following schedule summarizes the debt to maturity payments for capital leases: Year ending Business -type Activities June 30: Principal Interest 2007 $335,520 43,180 2008 332,319 25,694 2009 290,477 15,425 2010 132,286 2,188 Total S1,021602 (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, 2006: Assessment District No. 92-1 Assessment District No. 97-1 Assessment District No. 2001-1 Proceeds Maturity Date 1,880,891 9/2/08 705,262 9/2/18 2,285,000 9/2/15 Amount Outstanding Interest Rate at June 30.2006 5.00%-5.40% 350,000 4.10%-5.20% 520,000 5.00%-6.60% 1,575,000 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (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, 2005 to June 30, 2006 has been determined by an actuarial valuation of the plan as of June 30, 2003. The contribution rate indicated for the period is 12.764% 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, 2006, this contribution rate would be multiplied by the payroll of covered employees that was actually paid during the period July 1, 2005 to June 30, 2006. 1 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 June 30, 2003 Actuarial Cost Method Entry Age Actuarial Cost Method Amortization Method Level Percent of Payroll Average Remaining Period 16 Years as of the Valuation Date Asset Valuation Method 3 Year Smoothed Market Actuarial Assumptions Investment Rate of Return T 75% (net of administrative expenses) Projected Salary Increases 3115% to 14.45% depending on Age, Service, and type of employment Inflation 3:00% Payroll Growth 3' 25% Individual Salary Growth A merit scale varying by duration of employment coupled with an assumed annual inflation component of 3 % 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. Gains and losses that occur in the operation of the plan are amortized over a rolling period,; which results in an amortization of 10% of unamortized gains and losses each year. If the plan's accrued liability exceeds the actuarial value of plan assets, "then the amortization period may not be lower than the payment calculated over a 30 year amortization period. Assembly Bill 194, which added Sections 20840-20842 to the California Government Code allowed PERS to create risk pools and mandate public agency participation in those pools. Commencing with the valuation of June 30, 2003, mandatory pooling was established for plans with less than 100 active members. Henceforth, the City of La Quinta was required to participate in a'risk pool of cities with less than 100 employees. The valuation report as of June 30,I2003 contained three sections: 1) the specific information of the plan including the development of the pooled contribution rate, 2) the report of the Risk Pool Actuarial Valuation as of June 30, 2003, and 3) the Final Stand - Alone Actuarial Valuation of the City of La Quinta as of June 30, 2003 (to be removed in later years). At the time of joining the risk pool (valuation of June 30, 2003), a side fund was created to account for the differences between the funded status of the pool and funded status of the City's plan. The side fund will be credited, on an annual basis, with the actuarial investment return assumption. The side fund will also be subject to amortization on an annual basis. 62 I 1 1 r [1 r VII [1 11 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (15) Defined Benefit Pension Plan, (Continued) A positive side fund meant that the employer will have to contribute less than the pool's required contribution rate while a negative side fund indicates the employer will have to contribute more than the pool's required contribution rate. As of June 30, 2004, the Miscellaneous Plan side fund was negative, which increased the City's required contribution. The most recent Miscellaneous Plan valuation report as of June 30, 2004 reflect the following balances: Miscellaneous Plan Side Fund Side Fund as of valuation date Adjustments Side Fund Payment Side Fund one year later Adjustments Side Fund Payment Side Fund two years later Amortization Period Side Fund Payment during the last year June 30, 2003 $(1,118,251) (292,424) $(1,508,459) 30,540 $(1,593,664) June 30, 2004 (1,508,459) 30,540 (1,593,663) 139,661 (1,572,200) 16 15 $ 139,661 144,200 For the miscellaneous plan, the City was overfunded for the year ended June 30, 2004. Amortization periods are not determined for overfunded plans. The Schedule of Funding Progress below shows the recent history of the actuarial value of assets, actuarial accrued liability, their relationship, and the relationship of the unfunded accrued liability to payroll. Funding Policy 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, 2006, the rate was 12.764% of annual covered payroll. The contribution requirements of plan members and the City are established and may be amended by PERS. RX CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued). (15) Defined Benefit Pension Plan. (Continued) Annual Pension Cost For 2006, the City's annual pension, cost (employer contribution) in the amount of $400,631 was equal to the City's required and actual contributions. The required contribution was determined as part of the June 30, 2003, actuarial valuation using the entry age normal actuarial cost method. The actuarial assumptions included (a) 7.75% 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 3%. 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, 2019. The valuation report of June 30, 2003 ;reflected both the final stand-alone and risk pool actuarial valuations for the City's Safety Plan and Miscellaneous Plan. As of June 30, 2004, the stand-alone actuarial valuation was no longer provided by the California Public Employees' Retirement System (PERS). The funding status for both the City's Stand- alone Plan and Risk Pool Plan funding progress schedule is provided to phase out the City's Stand-alone Plan information and introduce the Risk Pool Plan information. Miscellaneous Employees Three -Year Trend Information Annual Pension Fiscal Year Cost (APC) 6/30/04 $ 0 6/30/05 336,348 6/30/06 400,631 Percentage of Net Pension APC Contributed Obligation 100% -0- 100% -0- 100% -0- 64 I MY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (15) Defined Benefit Pension Plan, (Continued) Stand Alone Required Supplementary Information in ($ amount 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 Pavroll 06/30/02 $8,374,878 8,708,115 (333,237) 104.0% 3,783,079 (8.8%) 06/30/03 10,343,433 9,225,182 1,118,251 89.2% 4,176,046 26.8% 06/30/04 No Longer Available Risk Pool Required Supplementary Information ($ amount in thousands) Entry Age Normal Actuarial Unfunded Annual UAAL Accrued Value Liability/ Covered As a % of Valuation Date Liabili of Assets (Excess Assets) Funded Status Payroll Payroll 06/30/02 Not Applicable 06/30/03 $317,520,943 289,439,549 28,081,394 91.2% 74,981,463 37.5% 06/30/04 434,267,445 379,807,592 54,459,853 87.5% 97,227,479 56.0% Information for the June 30, 2005 valuation date was not available for inclusion in the financial statements. 1 65 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 ($04100,006 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. 66 I 1 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, 2006, 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 $2,903,657 of the $250,000,000, which was forwarded to the Riverside County Auditor in accordance with the statute. 1 (19) Interfund Receivables and Pavables Current interfund receivables and payables balances at June 30, 2006 are as follows: Due from other funds - Due to other funds Amount General Fund Library Fund $ 239,119 (A) Golf Course Fund 875,674 (A) Total General Fund 1,114,793 Debt Service Redevelopment Agency PA No. 2 Fund 2004 Low/Mod Bond Fund 1,765,531 (A) Total 2 880 324 1 (A) Short term borrowing to cover temporary cash shortfalls. 67 CrFY OF LA QUINTA Notes to the Basic Financial Statements (Continued) G 9) Interfund Receivables and Pavables. (Continued) Noncurrent interfund receivable and payable balances at June 30, 2006 are as follows: Advances to other funds d fr th fund Am General Fund RDA Capital Projects — PA No. 1 Other governmental funds A vances om o er s RDA Debt Service — PA No. 1 RDA Debt Service — PA No. 2 Golf Course Subtotal Other governmental funds . Other governmental funds Total ount $12,000,000 (B) 10,000,000 (C) 700,961(D) 22,700,961 4,385,127(E) 979,970 (F) (B) As of June 30, 2006, the amount due to the General Fund from RDA Debt Service — PA No. 1 was $12,000,000. This consists of an outstanding advance of $6,000,000 loaned to the Redevelopment Agency with repayments beginning in 2030/31 and accrues interest of 10% per annum. The other outstanding advance of $6,000,000 loaned to the Redevelopment Agency requires repayments beginning in 2030/31 and accrues interest at 7% per annum. (C) As of June 30, 2006, the amount due to the General Fund from RDA Debt Service — PA No. 2 was $10,000,000. The advance loaned to the Redevelopment Agency with repayment beginning in 2035/36 and accrues interest at 10% per annum. (D) As of June 30, 2006, the General Fund has advanced to the Golf Course fund $700,961. The advances accrueinterest at the City's investment pool rate and are to be repaid by the golf course out of future profits. (E) In July 2002, an advance of $1,773,664 was made to provide funding for the development of the publicly.owned improvements to the La Quinta Community Park. The advance accrues interest at the earnings rate of the City's investment pool fund. As of June 30, 2006, the remaining balance of the advance for the La Quinta Community Park is $2,260,728' In April 2005, another advance of $2,490,273 was made to provide funding for the construction of the public library. The advance accrues interest at the earnings rate of the City's investment pool fund. The remaining balance of this advance at June 30, 2006 is $2,124,399. I CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (19) Interfund Receivables and Pavables. (Continued) (F) In February 2003, the Redevelopment Agency Capital Projects — PA No. 2 Fund advanced $1,350,131 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, 2006, the remaining balance of the advances is $979,970. (20) Construction Commitments The following material construction commitments existed at June 30, 2006: 1 Expenditures to date Remaining Project Name as of June 30, 2006 Commitments Dune Palms Road and Ave 48 Housing $ 372,873 29,780,562 Phase 2 — Jefferson Street Improvements (Hwy. 111) 16,843,919 19,039,645 Vista Dunes Mobile Home Park 8,543,771 18,747,188 Silver Rock Resort 82,038,590 15,722,162 City Hall Expansion 752,902 3,482,945 Highway 111— Adams to Jefferson 234,281 2,480,705 69 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) l; (21) Interfund Transfers hiterfund transfers were as follows for the year ended June 30, 2006: Transfer In Transfer Out Amount General Fund Other governmental funds $ 360,206 RDA Debt Service — PA No. 1 Fund Other governmental funds 3,945,802 (A) RDA Debt Service — PA No. 2 Fund Other governmental funds 7,998,654 (B) Financing Authority Debt Service Fund '; RDA Debt Service — PA No. 1 Fund 3,465,227 (C) Financing Authority Debt Service Fund RDA Debt Service — PA No. 2 Fund 1,706,754 (C) Subtotal Financing Authority Debt Service Fund 5,171,981 Capital Improvement Fund General Fund 806,712 Capital Improvement Fund RDA Capital Projects — PA No. 1 Fund 6,642,051 (D) Capital Improvement Fund 2004 Low/Moderate Bond Fund 2,773,994 (E) Capital Improvement Fund Other governmental funds 7,189,708 (F) Subtotal Capital Improvement Fund 17,412,465 RDA Capital Projects — PA No. 1 Fund RDA Debt Service — PA No. 1 Fund 909,510 RDA Capital Projects — PA No. 1 Fund Other governmental funds 3,868 Subtotal RDA Capital Projects — PA No. 1 Fund 913,378 Other governmental funds Capital Improvement Fund 11,868 Other governmental funds General Fund 13,981 Subtotal other governmental funds 25,849 Silver Rock Fund General Fund 164,190 Total $35.992.525 70 ' G CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (21) Interfimd Transfers, (,Continued) The following describes the major transfers in and transfers out included in the financial statements: Transfers to Maior Funds 1 (A) $3,945,802 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) $6,291,900 was transferred from the Low/Moderate Housing Project Area No. 2 Fund to the RDA Debt Service Project Area No. 2 Fund as repayment for a General Fund advance for the purchase of a parcel of land. $1,706,754 was transferred from the Low/Moderate Housing Project Area No. 2 Fund to the RDA Debt Service Project Area No. 2 Fund to pay a portion of the 2004 Series A Local Agency Revenue Bond debt service. (C) $3,465,227 and $1,706,754 was transferred from the RDA Debt Service Project Area No. 1 and 2 Funds, respectively, to the Financing Authority Debt Service Fund to pay a portion of the 2004 Series A Local Agency Revenue Bond debt service. (D) $3,193,435 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. $2,100,052 was transferred to the Capital Improvement Fund from the RDA Capital Projects — PA No. 1 Fund to fluid the construction of the Eisenhower Bridge capital project. Other capital projects totaled $1,348,564. (E) $2,773,994 was transferred to the Capital Improvement Fund from the RDA 2004 ' Low/Mod Bond Fund for various capital projects funded by bond proceeds. $1,486,664 was transferred to fund the Vista Dunes Mobile Home Park capital project and other capital projects totaled $1,287,330. ' (F) The Transportation Development Fund transferred to the Capital Improvement Fund $4,295,941 to fund various transportation related capital projects fund. Other transfers totaled $2,893,767. 1 71 CITY OF LA QUINTA Notes to the Basic Financial Statements (Continued) (22) Fund Deficits The following funds had deficit balances at June 30, 2006: Capital Projects Fund: Parks and Recreation $2,260,152 Library Development 2,124,399 Fire Facility 979,970 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 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. Tl a cost for the current year exceeded the developer fees collected in this fund. '72 I CITY OF LA QUINTA 1 Notes to the Basic Financial Statements (Continued) e(23) Expenditures in Excess of Appropriations Expenditures for the year ended June 30, 2006 exceeded the appropriations of the following funds/departments: Budget Actual Variance General Fund: Fiscal Services $465,783 499,590 (33,807) Public Safety Building and Safety Administrative 135,535 316,194 (180,659) Public Safety Building 1,161,874 1,386,067 (224,193) Public Safety Civic Center Building 439,117 464,017 (24,900) Community Services Parks ' and Recreation Programs 150,182 173,574 (23,392 Public Works Administration 143,284 243,731 (100,447) Public Works Maintenance L and L 1,116,380 1,293,525 (177,145) tCapital Projects Administration 322,643 729,967 (407,324) Debt Service Funds: Redevelopment Agency ' Project Area No. 1 31,482,436 31,781,454 (299,018) Redevelopment Agency Project Area No. 2 17,940,549 18,627,075 (686,526) ' Capital Projects Funds: Parks and Recreation 110,000 110,416 (416) Civic Center 204,173 207,455 (3,282) ' Library Development 82,000 86,344 (4,344) Fire Facility 37,000 39,039 (2,039 A.D. 2000-1 Phase VI - 298,794 (298,794) 73 CITY OF liA QUINTA Notes to the Basic Financial Statements (Continued) (24) Conduit Debt Financing 2002 Series B Multifamily Housing Revenue Bonds In April 2002, the La Quinta Redevelopment Agency issued $3,000,000 of 2002 Series B Multifamily Housing Revenue Bonds to provide financing for the acquisition, construction and equipping of a multifamily senior rental housing project known as Miraflores Apartments located in the City of La Quinta. The bonds mature on June 1, 2035 and bear interest at 5.5% per annum. Outstanding bonds at June 30, 2006 are $2,950,000. The bond is secured solely by the creditfacility, Fannie Mae, and by a pledge of the trust estate comprised of bond proceeds andproperty. The bond is not an obligation of the issuer, but payable solely from the security. (25) Unreserved Fund Balances Unreserved fund balances at June 30, 2006 consisted of the following: Debt Service Capital Proiects Other General RDA Financing RDA 2004 Low/ Governmental Fund PA No. 2 Authority PA No. 1 Mod Bon Funds Designated for: Emergency reserve $16,905,386- Cash flows 3,041,994 Capital improvements 10,877,058 Educational purposes 750,000 Economic development 4,967,072 Encumbrances/carryover appropriations 1,319,787 Operations/projects/ transfers 15,197,331 Undesignated 734,999 Total unreserved fund balances (deficit) $5 l 734.999 3 591 3 1 74 Total 16,905,386 3,041,984 10,877,058 750,000 4,967,072 1,319,787 15,197,331 833,089 (1,768,7091 43,910,540 10,540 43.713.510 I ' Notes to the Basic Financial Statements (Continued) (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, 2006 the Golf Course had an operating loss of $1,402,418. 1 75 j, REQUIRED SUPPLEMENTARY INFORMATION i 76 [l GENERAL FUND 1 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. 77 Revenues: Taxes Licenses and permits Charges for services Intergovernmental Investment income Rental 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, 2006 Variance with Budget Final Budget • Original . Final Actual Positive (Negative) $ 12,751,000 12,751,000 19,259,829 6,508,829 971,400 971,400 5,145,430 4,174,030 1,473,800 1,474,600 2,180,058 705,458 5,694,840 5,746,941 6,530,777 783,836 2,265,300 2,265,300 4,115,872 1,850,572 - 123,500 123,500 16,500 332,511 315,812 (16,699) 23,172,840 23,541,752 37,671,278 779,903 801,786 1,139,368 845,709 545,260 391,042 433,079 4,936,147 7,988,288 310,881 660,374 395,986 916,279 33,650 4,337,893 439,117 15,082,468 372,661 901,486 148,610 1,422,757 769,400 695,254 1,196,868 730,716 465,783 2,650;827 442.681 6,951,529 9,131,228 135,535 680,374 420,986 1,161,874 33,650 4,400,478 439,117 15,403,242 372,661 !11,029,396 150,182 i1,552,239 iI 78 i' 621,859 667,662 1,156,384 571,668 499,590 506,995 402,326 4,426,484 6,561,591 316,194 580,183 303,795 1,386,067 15,317 3,402,023 464,017 13,029,187 337,065 737,669 173,574 1,248,308 14,129,526 147,541 27,592 40,484 159,048 (33,807) 2,143,832 40,355 2,525,045 1,569,637 (180,659) 100,191 117,191 (224,193) 18,333 998,455 (24,900) 2,374,055 35,596 291,727 (23,392) 303,931 Prior Year Actual 16,762,028 3,226,167 3,402,602 7,552,035 3,238,808 513,030 34,694,670 537,891 620,669 795,395 382,352 456,936 556,435 415,833 3,765,511 6,136,323 169,151 497,708 208,348 1,321,862 28,815 3,542,046 460,330 12,364,583 307,579 648,149 148,781 1,104,509 (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 688,772 986,610 661,317 325,293 352,158 ' Current planning 585,952 647,289 294,252 353,037 510,732 Total planning and development 1,274,724 1,633,899 955,569 678,330 862,890 ' Public works: Public works administration 217,162 143,284 243,731 (100,447) 169,924 Development and traffic 879,851 1,429,213 1,149,001 280,212 1,288,794 ' Maintenance/operations - St. 1,139,553 750,624 578,222 172,402 888,104 Maintenanceloperations - L & L 1,022,232 1,116,380 1,293,525 (177,145) 939,373 Maintenance/operations - Park 973,651 1,128,051 1,050,450 77,601 855,306 ' Capital projects administration 612,019 322,643 729,967 (407,324) 653,184 Total public works 4,844,468 4,890,195 5,044,896 (154,701) 4,794,685 Total expenditures 27,560,564 30,431,104 24,704,444 5,726,660 22,892,178 Excess (deficiency) of revenues over (under) expenditures (4,387,724) (6,889,352) 12,966,834 19,856,186 11,802,492 Other financing sources (uses): Transfers in 332,542 332,542 360,206 27,664 306,711 Transfers out (425,454) (2,042,645) (984,883) 1,057,762 2,887,472 ' Total other financing sources (uses) (92,912) (1,710,103) (624,677) 1,085,426 2,580,761 Net change in fund balance (4,480,636) (8,599,455) 12,342,157 20,941,612 9,221,731 Fund balance at beginning of year 63,926,967 63,926,967 63,926,967 54,705,236 Fund balance at end of year $ 59,446,331 55,327,512 76,269,124 20,941,612 63,926,967 F 79 CITY OF LA QUINTA Notes to Required Supplementary Information Year ended June 30, 2006 (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 $74,437,916 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, 2006 exceeded the appropriations of the following funds/departments: Budget Actual Variance General Fund: Fiscal Services $465,783 499,590 (33,807) Public Safety Building and Safety Administrative 135,535 316,194 (180,659) Public Safety Building 1,161,874 1,386,067 (224,193) Public Safety Civic Center Building; 439,117 464,017 (24,900) Community Services Parks and Recreation Programs 150,182 173,574 (23,392) Public Works Administration 143,284 243,731 (100,447)' Public Works Maintenance L and L 1,116,380 1,293,525 (177,145) Capital Projects Administration 322,643. 729,967 (407,324) 80 ' SUPPLEMENTARY SCHEDULES 81 CITY OF LA QUINTA Non -Major Governmental Funds Combining Balance Sheet June 30, 2006 Special Revenue Funds Assets Cash and investments $ 34,916,447 Cash with fiscal agent - Accounts receivable 141,405 Prepaid items 3,994 Interest receivable 141,365 Notes receivable 12,974,945 ; Due from other governments 1,696,449 Advances to other funds - Deposits - Total assets $ 49,774,605 Liabilities and Fund Balances Liabilities: Accounts payable $ 61,800' Deferred revenue 10,862,348 I Deposits payable 19,654 Due to other funds 239,119 " Advances from other funds Total liabilities 11,192,921 Fund balances: Reserved for: Prepaid items 3,994 j' Notes receivable 2,112,597," Advances to other funds Deposits Unreserved: Designated for capital projects Undesignated 36,475,093,14 Total fund balances 38,591,684: Total liabilities and fundbalances $ 49,774,605 Capital Projects Funds 12,789,555 244 60,900 1,505 57,971 979,970 Totals 2006 2005 47,606,002 31,398,993 244 5,096 202,305 143,649 5,499 - 199,336 155,101 12,974,945 12,858,098 1,696,449 179,573 979,970 1,122,148 - 1,110 13,890;145 63,664,750 45,863,768 80,291 27,835 5,365,097 5,473,223 1,505 979,970 142,091 109,296 10,862,348 10,740,225 47,489 46,499 239,119 194,098 5,365,097 7,061,027 16,656,144 18,151,135 5,499 2,112,597 979,970 2,117,873 1,122,148 1,110 12,799,968 12,799,968 13,215,994 (5,364,521) 31,110,572 11,255,508 8,416,922 47,008,606 27,712,633 13,890,145 63,664,750 45,863,768 �82 5 CITY OF LA QUINTA Non -Major Governmental Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30, 2006 Special Capital Revenue Projects Totals ' Funds Funds 2006 2005 Revenues: Taxes $ 14,089,024 14,089,024 10,282,664 Charges for services 1,187,931 1,187,931 Developer fees 6,244,099 6,229,233 12,473,332 6,091,156 1 Intergovernmental 3,799,269 - 3,799,269 1,769,314 Investment income 948,498 485,096 1,433,594 588,157 Special assessments 818,526 - 818,526 825,292 ' Rental income 299,525 299,525 520,243 Loan repayments 1,621,850 1,621,850 2,381,602 Miscellaneous 310,227 310,227 12,392 ' Total revenues 29,318,949 6,714,329 36,033,278 22,470,820 ' Expenditures: Current: General government 207,455 207,455 205,410 ' Planning and development 2,845,355 205,708 3,051,063 3,746,276 Public works 1,643,324 298,794 1,942,118 1,412,084 Capital projects 37,877 - 37,877 453,307 ' Debt service: Interest and fiscal charges 235,799 235,799 162,608 Total expenditures 4,526,556 947,756 5,474,312 5,979,685 Excess (deficiency) of revenues over (under) ' expenditures 24,792,393 5,766,573 30,558,966 16,491,135 Other financing sources (uses): ' Transfers in 13,981 11,868 25,849 2,000 Transfers out (7,985,879) (11,512,359) (19,498,238) (24,561,070) ' Proceeds from sale of capital asset 384,812 7,824,584 8,209,396 8,566,295 Total other financing sources (uses) (7,587,086) (3,675,907) (11,262,993) (15,992,775) Net change in fund balances 17,205,307 2,090,666 19,295,973 498,360 Fund balances at 1 beginning of year 21,386,377 6,326,256 27,712,633 27,214,273 Fund balances at end of year $ 38,591,684 8,416,922 47,008,606 27,712,633 83 (This page intentionally left blank) e e NON -MAJOR SPECIAL REVENUE FUNDS eSpecial 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: e State Gas Tax Fund - To account for gasoline allocations made by the State of California. These erevenues are restricted by the State to expenditures for street -related purposes only. Library Fund - To account for revenues from property tax increment dedicated library services. e Federal Assistance Fund - To account for revenues from the Community Development Block Grants received from the Federal Government and the expenditures of those resources. e 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. eIndian Gaming Fund - To account for contributions for public safety activities to reduce crime and increase public safety. e 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. eRiverside 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, e installation, maintenance and repair of artworks at approved sites. South Coast Air Ouality Fund - To account for contributions from the South Coast Air Quality Management District. Use is limited to reduction and control of airborne pollutants. eAB 939 Fund - To account for the State mandated program to reduce waste sent to the landfills through recycling efforts. eRedevelopment 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 eincreasing or improving housing for low and moderate income households. 85 CITY OF- LA QUINTA Non -Major Special Revenue Funds Combining Balance Sheet June 30, 2006 Lighting State "' Federal Indian and Gas Tax Library ;`' Assistance SLEBG Gaming Landscape RCTC Assets Cash and investmerits $ 380,848 130,096 Accounts receivable - - Prepaid items - - Interest receivable 1,623 760 Notes receivable - - - - Due from other governments 48,006 1,360,689 31,694 Deposits Total assets $ 430,477 1,360,689, 130,856 31,694 Liabilities and Fund Balances is Liabilities: Accounts payable $ Deferred revenue Deposits payable Due to other funds - 239,119,' Total liabilities - 239,119 Fund balances: Reserved for: Prepaid items Notes receivable Deposits - - Unreserved 430,477 1,121,570. 130,856 31,694 Total fund balances 430,477 1,121,576' 130,856 31,694 Total liabilities and fund balances $ 430,477 1,360, ' 130,856 31,694 86 1 1 1 Low/ Low/ Moderate Moderate 1 Arts in Income Income Public Public South Coast Housing- Housing- Totals 1 Quimby Safety Places Air Quality AB 939 PA No. 1 PA No. 2 2006 2005 7,515,889 12,932 1,026,109 177,183 1,187,931 12,407,390 11,978,069 34,816,447 19,227,428 1 132,905 8,500 141,405 82,749 2,488 1,506 3,994 - 33,685 58 4,332 786 - 49,755 50,366 141,365 91,485 1 3,474,945 9,500,000 12,974,945 12,858,098 152,908 103,152 1,696,449 179,573 1 = 1,110 1 7,549,574 12,990 1,030,441 177,969 1,187,931 16,220,391 21,641,593 49,774,605 32,440,443 1 _ - 4,700 - - 36,656 20,444 61,800 101,126 1,362,341 9,500,000 10,862,348 10,740,225 1 = _ 19,654 19,654 19,664 _ - 239,119 194,051 1 4,700 1,418,658 9,520,444 11,182,921 11,054,066 1 _ 2,488 1,506 3,994 - 2,112,197 - 2,112,597 2,117,173 1 = 1,110 7,549,574 12,990 1,025,741 177,969 1,187,931 12,696,649 12,119,643 36,475,093 19,267,394 1 7,549,574 12,990 1,025,741 177,969 1,187,931 14,801,733 12,121,149 38,591,684 21,386,377 1 7,549,574 12,990 1,030,441 177,969 1,187,931 16,220,391 21,641,593 49,774,605 32,440,443 1 1 87 1 CITY OF LA QUINTA Non -Major Special Revenue Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30, 2006 lighting Gas Federal Indian and Tax Library Assistance SLEBG Gaining Landscape RCTC Revenues: Taxes $ - Charges for services - Developer fees - Intergovernmental 839,235 1,716,102 475,181 100,000 177,250 449,011 Investment income 10,580 - 3,845 8,271 - - Special assessments 818,526 Rental income Loan repayments Miscellaneous Total revenues 849,815 1,716,102 475,181 103,845 185,521 818,526 449,011 Expenditures: Current: Planning and development Public works 583,800 237,284 822,240 Capital outlay Total expenditures 583,800 237,284 822,240 Excess (deficiency) of revenues over (under) expenditures 266,015 1,478,818 475,181 103,845 185,521 (3,714) 449,011 Other financing sources (uses): Transfers in - 11,981 - - - - - Transfers out (57,011) (369,229) (297,869) (104,433) (197,605) (449,011) Proceeds from sale of capital assets Total other financing sources (uses) (57,011 (357,248 297,869 (104,433 (197,605 449,011 Net change in fund balances 209,004 1,121,570 177,312 (588) (12,084) (3,714) - Fund balances (deficit) at beginning of year 221,473 177,312 588 142,940 35,408 Fund balances at end of year $ 430,477 1,121,570 130,856 31,694 88 LoW/ Low/ Moderate Moderate Arts in Income Income Public Public South Coast Housing- Housing- Totals Quimby Safety Places Air Quality AB939 PANo. 1 PANo. 2 - 2006 2005 - 9,126,550 4,962,474 14,089,024 10,282,664 e 1,187,931 1,187,931 5,875,672 368,427 6,244,099 1,921,978 _ 42,490 - - 3,799,269 1,578,451 ' 209,702 403 33,282 5,586 334,912 341,917 948,498 270,211 818,526 825,292 284,205 15,320 299,525 520,243 1,320,719 301,131 1,621,850 2,381,602 ' 310,227 310,227 12,392 6,085,374 403 401,709 48,076 1,187,931 11,376,613 5,620,842 29,318,949 17,792,833 1 3,553,188 _ _ 6,515 19,120 - 2,050,445 769,275 2,845,355 _ _ - 1,643,324 1,412,084 37,877 - - - 37,877 60,429 - 44,392 19,120 - 2,050,445 769,275 4,526,556 5,025,701 6,081,374 403 157,317 21,156 1,117,931 9,326,161 4,111,567 24,792,313 12,767,132 2,000 - - - 13,981 2,000 (529,701) - (226,920) - (3,945,802) (1,808,298) (7,985,879) (11,358,934) 384,812 384,812 8,566,295 529,701 2,000 226,920 3,560,990 1,808,298 7 597 086 2,790,639 5,115,673 2,403 110,397 28,916 1,187,931 5,765,171 1,043,269 17,205,307 9,976,493 ' 1,993,901 10,587 895,344 149,013 - 9,036,555 9,077,880 21,386,377 11,409,884 7,549,574 121990 1,025,741 177969 1,187,931 14,801,733 12,121,149 38,591,684 21,386,377 ' 89 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, 2006 Variance with Prior Budget Final Budget Year Original ; Final Actual Positive (negative) Actual Revenues: Intergovernmental $ 576,200 ;621,017 839,235 Investment income 7,600 7,600 10,580 Total revenues 583,800 :628,617 849,815 Expenditures: Current: Public works 583,800 583,800 583,800 Total expenditures 583,800 i'583,800 583,800 Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers out Net change in fund balances Fund balances at beginning of year Fund balances at end of year 44,817 140,932 (96,115) 221,473 i221,473 $ 221,473 ;125,358 ,i 90 266,015 218,218 2,980 221,198 624,196 5,474 629,670 622,200 - 622,200 221,198 7,470 57,011 83,921 209,004 305,119 221,473 - 430,477 305,119 (195,531) (188,061) 409,534 221,473 CITY OF LA QUINTA eSpecial Revenue Funds Library Fund ' Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2006 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Intergovernmental $ 1,527,800 1,527,800 1,716,102 188,302 Investment income 3,000 3,000 - (3,000) _ Total revenues 1,530,800 1,530,800 1,716,102 185,302 1 Expenditures: Current: Public works 843,605 843,605 237,284 606,321 ' 606,321 = Total expenditures 843,605 843,605 237,284 Excess (deficiency) of revenues ' over (under) expenditures 687,195 687,195 1,478,818 791,623 Other financing sources (uses): ' Transfers in 11,981 11,981 Transfers out - (509,373) (369,229) 140,144 Net change in fund balances 687,195 177,822 1,121,570 943,748 Fund balances at beginning of year - Fund balances at end of year $ 687,195 177,822 1,121,570 943,748 91 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, 2006 Variance with Prior Budget'' Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Intergovernmental Total revenues Other financing sources (uses): Transfers out Total other financing sources (uses) Net change in fund balances Fund, balances (deficit) at beginning of year Fundbalances (deficit) at end of year $ 205,010 517,307 475,181 205,010 517,307 475,181 205,010 517,307 297,869 205,010 j517,307 (297,869) 177,312 177,312 177,312 17( 7,312) $ 177,312 177,312 - (42,126) 30,000 (42,126) 30,000 219,438 197,239 219,438 197,239 177,312 (167,239) - (10,073) 177,312 (17 ' State L Sche Revenues: Intergovernmental ' Investment income Total revenues 1 Other financing sources (uses): Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year 1 1 1 1 1 1 1 CITY OF LA QUINTA Special Revenue Funds aw Enforcement Block Grant (SLEBG) Fund dule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2006 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual $ 100,000 100,000 100,000 - 100,000 700 700 3,845 3,145 588 100,700 100,700 103,845 3,145 100,588 (101,400 101,400 (104,433) (3,033) (100,000) 10( 1,400) (101,400) (104,433) (700) (700) (588) 588 588 588 $ (112) (112) - 93 (3,033) 112 112 (100,000) 588 588 CITY OF LA QUINTA Special Revenue Funds Indian Gaming Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2006 i, Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: !' Intergovernmental $ 198,942 198,942 177,250 (21,692) 177,250 Investment income 2,200 2,200 8,271 6,071 3,117 Total revenues 201,142 201,142 185,521 15,621 180,367 Other financing sources (uses): Transfers out 201,142 344,082 197,605 146,477 (37,427) Total other financing sources (uses) 201,142 344,082 197,605 146,477 (37,427 Net change in fund balances - (142,940) (12,084) 130,856 142,940 Fund balances at beginning of year 142,940 142,940 i 142,940 - Fund balances at end of year $ 142,940 - 130,856 130,856 142,940 94 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, 2006 Budget Variance with Final Budget Prior Year Original Final Actual Positive (negative) Actual Revenues: Special assessments $ 842,200 842,200 818,526 (23,674 ) 825,292 Total revenues 842,200 842,200 818,526 (23,674) 825,292 Expenditures: Current: Public works 842,200 842,200 822,240 19,960 789,884 Total expenditures 842,200 842,200 822,240 19,960 789,884 Net change in fund balances - - (3,714) (3,714) 35,408 Fund balances at beginning of year 35,408 35,408 35,408 - Fund balances at end of year $ 35,408 35,408 31,694 (3,714) 35,408 95 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, 2006 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Intergovernmental $ 96,100 2,056,829 449,011 (1,607,818) - Total revenues 96,100 2,056,829 449,011 (1,607,818) Other financing sources (uses): Transfers out - 2,056,829 (449,011) 1,607,818 Total other financing sources (uses) - 2;056,829 44( 9,011) 1,607,818 Net change in fund balances 96,100 - - Fund balances at beginning of year - - - Fund balances at end of year $ 96,100 - - ' CITY OF LA QUINTA Special Revenue Funds Quimby Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual ' Year 2006 ended June 30, Budget Variance with Final Budget Prior Year Original Final Actual Positive (negative; Actual Revenues: Developer fees $ 800,000 4,605,015 5,875,672 1,270,657 1,667,144 Investment income 5,700 110,000 209,702 99,702 21,438 Total revenues 805,700 4,715,015 6,085,374 1,370,359 1,688,582 Other financing sources (uses): Transfers out 687,481 (529,701) 157,780 28( 9,716) ' Total other financing sources (uses) 687,481 52( 9,701) 157,780 (289,716 ) Net change in fund balances 805,700 4,027,534 5,555,673 1,528,139 1,398,866 Fund balances at beginning of year 1,993,901 1,993,901 1,993,901 - 595,035 Fund balances at end of year $2,799,601 6,021,435 7,549,574 1,528,139 1,993,901 97 Revenues: Investment income Total revenues Expenditures: Current: Public safety Total expenditures 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, 2006 Budget Original Final $ 100 100 100 100 2,000 :: 2,000 2,000 '! 2,000 Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Total other financing sources (uses) Variance with Prior Final Budget Year Actual Positive (negative) Actual 403 303 403 303 - 2,000 (1,900) ,, (1,900) 403 2,000 ! 2,000 2,000 2,000 2,000 2,000 2,000 2,303 174 174 174 2,000 2,000 Net change in fund balances 100 100 2,403 2,303 2,174 Fund balances at beginning of year 10,587 10,587 10,587 - 8,413 Fund balances at end of year $ 10,687 10,687 12,990 2,303 10,587 98 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, 2006 Revenues: Developer fees Investment income Total revenues Expenditures: Current: Planning and development Community services Capital outlay Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers out 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 �sitive (negative; Actual $ 97,500 97,500 368,427 270,927 254,834 7,600 23,000 33,282 10,282 15,262 105,100 120,500 401,709 281,209 270,096 - - 6,515 (6,515) 288,058 308,201 - 308,201 - - 226,920 37,877 189,043 60,429 288,058 535,121 44,392 490,729 60,429 (182,958 ) 41( 4,621) 357,317 771,938 209,667 - 22( 6,920) (226,920) (79,011) (182,958) (414,621) 130,397 545,018 130,656 895,344 895,344 895,344 - 764,688 $ 712,386 480,723 1,025,741 545,018 895,344 0 CITY OF LA QUINTA Special Revenue Funds South Coast Air Quality Fund Schedule of Revenues, Expenditures and Changes in Fund Balances -Budget and Actual Year ended June 30, 2006 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Intergovernmental $ 39,900 39,900 42,490 Investment income 2,300 2,300 5,586 Total revenues 42,200 42,200 48,076 Expenditures: Current: Planning and development 26,600 26,600 19,120 Total expenditures 26,600 26,600 19,120 Excess (deficiency) of revenues over (under) expenditures 15,600 15,600 28,956 Other financing sources (uses): Transfers out Total other financing sources (uses) Net change in fund balances 15,600 j 15,600 28,956 Fund balances at beginning of year 149,013 149,013 149,013 Fund balances at end of year $ 164,613 164,613 177,969 100 i 2,590 3,286 5,876 7,480 7,480 13,356 13,356 13,356 227,682 3,146 230,828 12,878 12,878 217,950 198,983 198,983 18,967 130,046 149,013 CITY OF LA QUINTA Special Revenue Funds AB 939 Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2006 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Charges for services $ 1,187,931 1,187,931 Total revenues 1,187,931 1,187,931 Net change in fund balances 1,187,931 1,187,931 Fund balances at beginning of year Fund balances at end of year $ 1,187,931 1,187,931 101 i 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, 2006 i Budget Original 'Final Actual Revenues: Variance with Prior Final Budget Year Positive (negative) Actual Taxes $ 6,675,400 8,567,604 9,126,550 558,946 6,773,423 Developer fees - - - - Investment income 50,900 360,000 334,912 (25,088) 80,270 Rental income 276,000 276,000 284,205 8,205 310,574 Loan repayments - 1,080,000 1,320,719 240,719 2,048,855 Miscellaneous 310,227 310,227 12,392 Total revenues Expenditures: Current: Planning and development Total expenditures 7,002,300 10,283,604 11,376,613 2,181,879 5,711,219 2,050,445 2,181,879 :5,711,219 2,050,445 Excess (deficiency) of revenues over (under) expenditures 4,820,421 14,572,385 9,326;168 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 (3,945,802) (3,945,802) (3,945,802) 150,000 447,000 384,812 (3,795,802) i (3,498,802) 3,560,990 1,024,619 '1,073,583 5,765,178 9,036,555 9,036,555 9,036,555 $10,061,174 10,110,138 14,801,733 1,093,009 9,225,514 3,660,774 2,189,402 3,660,774 2,189,402 4,753,783 7,036,112 (2,478,347) (62,188) 668,642 62,188 4,691,595 4,691,595 1,809,705 5,226,407 3,810,148 9,036,555 ' CITY OF LA QUINTA Special Revenue Funds ' Low/Moderate Income Housing Project Area No. 2 Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual ' Year ended June 30, 2006 1 1 1 1 Revenues: Taxes Investment income Rental income Repayment of loans Total revenues Expenditures: Current: Planning and development Total expenditures Excess (deficiency) of revenues over (under) expenditures Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual $ 3,445,900 4,707,594 4,962,474 275,300 275,300 341,917 - 15,000 15,320 112,500 301,131 3,721,200 5,110,394 5,620,842 5,469,735 6,608,693 769,275 5,469,735 6,608,693 769,275 (1,748,535) (1,498,299) 4,851,567 Other financing sources (uses): Transfers out (1,706,754) (1,846,754) (1,808,298) Proceeds from sale of capital assets Total other financing tsources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year (1,706,754) (1,846,754) 1,808,298 (3,455,289) (3,345,053) 3,043,269 9,077,880 9,077,880 9,077,880 $ 5,622,591 5,732,827 12,121,149 r 103 254,880 66,617 320 188,631 510,448 5,839,418 5,839,418 6,349,866 38,456 38,456 6,388,322 6,388,322 3,509,241 140,742 209,669 332,747 4,192,399 1,350,908 1,350,908 2,841,491 (7,363,357) 7,897,653 534,296 3,375,787 5,702,093 9,077,880 (This page intentionally left blank) 104 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 Ouinta 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. 105 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 endedJune 30, 2006 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Taxes $ 26,701,600 34270,416 36,506,201 2,235,785 27,093,693 Investment income 93,100 300,000 652,351 352,351 255,628 Total revenues 26,794,700 34570,416 37,158,552 2,588,136 27,349,321 Expenditures: Current: Planning and development 537,800 537,800 300,248 237,552 365,810 Debt service: Principal 3,340,636 3',340,636 3,240,636 100,000 3,121,114 Interest 8,893,382 8930,643 8,930,643 - 8,967,948 Payments under pass -through obligations 15,264,787 18673,357 19,309,927 (636,570) 14,421,097 Total expenditures 28,036,605, 31,482,436 31,781,454 (299,018) 26,875,969 Excess (deficiency) of revenues over (under) expenditures (1,241,905) 3;087,980 5,377,098 2,289,118 473,352 Other financing sources (uses): Transfers in 3,945,802 3,945,802 3,945,802 2,478,347 Transfers out (3,465,227) (4374,737) (4,374,737) (2,438,029) Total other financing sources (uses) 480,575 (428,935) (428,935) 40,318 Net change in fund balances (761,330) 2,659,045 4,948,163 2,289,118 513,670 Fund balances at beginning of year 4,601,741 4;601,741 4,601,741 - 4,088,071 Fund balances at end of year $ 3,840,411 7;260,786 9,549,904 2,289,118 4,601,741 106 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, 2006 Revenues: Taxes Investment income Total revenues Expenditures: Current: Planning and development Debt service: Principal Interest Payments under pass -through obligations Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Tr: nsfcrs in Tm.nsfers out Total other financing sources (uses) Net change in fund balances Fund balances (deficit) at beeirning of year Fund balances (deficit) at end of year Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual $ 13,783,600 18,830,375 19,849,893 1,019,518 14,036,962 - 275,000 459,695 184,695 174,272 13,783,600 19,105,375 20,309,588 1,204,213 14,211,234 195,970 195,970 154,439 41,531 180,374 100,000 100,000 200,000 (100,000) 195,000 2,012,526 1,624,272 1,524,272 100,000 1,782,844 11,726,665 16,020,307 16,748,364 (728,057) 11,335,224 14,035,161 17,940,549 18,627,075 (686,526) 13,493,442 251,561 1,164,826 1,682,513 517,687 717,792 1,706,754 7,998,654 7,998,654 1,706,754 1,706,754 (1,706,754) 6,291,900 6,291,900 (251,561) 7,456,726 7,974,413 4,142,039 994,948 - 3,147,091 517,687 3,864,883 (7,239,414) (7,239,414) (71239,414) 11104,297 $ 7,490,975) 217,312 734,999 517,697 7,239,414 107 11 Revenues: Investment income Rental income Miscellaneous Total revenues Expenditures: Current: General government Debt service: Principal Interest Total expenditures 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, 2006 Variance with Prior Budget Final Budget Year Original r Final Actual Positive (negative) Actual $ - - 231 231 58 680,575 680,575 680,575 - 681,220 15,000 15,000 11,015 (3,985) 3,481 695,575 695,575 691,821 (3,754) 684,759 Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Total other financing sources (uses) Net change in fund balances 15,000 15,000 11,015 1,065,000 1,065,000 1,065,000 4,787,556 4,787,556 4,787,556 5,867,556 5,867,556 5,863,571 5,171,981 . 5,171,981 5,171,750 5,171,981 5,171,981 5,171,981 5,171,981 5,171,981 5,171,981 231 Fund balances at beginning of year 3,360 3,360 3,360 3,591 Fun;: balances at end of year $ 3,360 3,360 3,985 5,231 315,000 3,356,269 3,985 3,676,500 231 2,991,741 2,990,049 - 2,990,049 231 (1,692) - 5,052 231 3,360 IMAJOR AND NON -MAJOR CAPITAL PROJECTS FUNDS 1 Capital projects funds account for the financial resources to be used for the acquisition, construction or improvements of major capital facilities and infrastructure. The City of La Quinta has the following Major Capital Projects Funds: ' Capital Improvement Fund - To account for the planning, design and construction of various capital projects throughout the City of La Quinta and the Redevelopment Agency. ' Redevelopment Agency Capital Proiects 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 1 all developer resources received prior to this date, and is budgeted by the Council through adoption of the annual capital improvement program budget. Fund Community Center Fund Street Facility Fund Yark tacllity tuna, rire racility ruuu 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. ' Redevelopment Agency Capital Proiects Fund Area 2 - To account for the bond proceeds, interest and other funding that will be used for development, planning, construction and land acquisition. ' Financina Authority Capital Projects Fund - To account for the Public Financing Authority bond proceeds that will be used for specific projects and programs of the City. 1 u 109 1 i CITY OF LA QUINTA Non -Major Capital Projects Funds Combining Balance Sheet June30, 2006 I' Coin Parks and civic library library Infrastructure Transportation Recreation Center Development Development Assets Cash and investments $ 625,364 6,738,895 2,300,493 Cash with fiscal agent - Accounts receivable Prepaid items - Interest receivable 2,809 30,589 576 10,413 Advances to other funds Total assets $ 628,173 6,769,484 576 2,310,906 liabilities and Fund Balances Liabilities: Accounts payable $ Deposits payable Due to other funds Advances from other funds 2,260,728 2,124,399 Total liabilities 2,260,728 2,124,399 Fund balances: Reserved for: Prepaid items Advances to other funds Unreserved: Designated for capital projects 628,173 6,769,484 2,310,906 Undesigated (2,260,152 - (2,124,399) Total fund balances 628,173 6,769,484 2,260152 2,310,906 (2,124,399) Total liabilities and Smdbalances $ 628,173 6,769,484 576 2,310,906 110 t t t Redevelopment Financing ' Community Street Park Fire A.D.2000-1 Agency Authority Totals Center FacilityFacilityFacilityPhase VI PA No. 2 Projects 2006 2005 ' 962,374 282,132 66,940 941 1,805,387 7,029 12,789,555 12,171,565 - - 244 244 5,096 ' 60,900 - 60,900 60,900 = 1,505 1,505 4,233 1,205 293 7,853 - 57,911 63,616 - - 979,970 - 979,970 1,122,148 966,607 283,337 67,233 941 2,855,615 7,273 13,890,145 13,423,325 1 941 79,350 - 80,291 8,170 27,835 27,835 27,835 - 37 ' 979,970 5,365,097 7,061,027 979,970 941 107,185 5,473,223 7,097,069 , 1, - 9799,970970 979,970970 ' 966,607 283,337 67,233 1,766,955 7,273 12,799,968 13,215,994 _ 979,970 (5,364,521 6,889,738 ' 966,607 283,337 67,233 979,970 2,748,430 _ 7,273 8,416,922 6,326,256 966,607 283,337 67,233 941 2,855,615 7,273 13,890,145 .13,423,325 1 111 CITY OF LA QUINTA Non -Major Capital Projects Funds Combining Statement of Revenues, Eirpenditures and Changes in Fund Balances I. Year ended June 30, 2006 County Parks and Civic Library Library Infrastmcture Transportation Recreation Center Development Development Revenues: Developer fees $ 3,632186 1,100,676 597,334 460,475 Intergovernmental - - - - Investment income 24,204 229,802 I 6,743 78,524 Total revenues 24,204 3,86P,988 1,107,419 675,858 460,475 Expenditures: Current: General government 207,455 Planning and development _ Public works Debt service: Interest and fiscal charges 110,416 86,344 Total expenditures 110,416 207,455 86,344 Excess (deficiency) of revenues over (under) expenditures 24,204 3,861',988 997,003 468,403 374,131 Other financing sources (uses): Transfers in 11,868 Transfers out (264,622) (4,295,941) - (320,173) (9,881) Proceeds from sale of capital assets i, Total other financing sources (uses) (264,622) (4,295,941) 11,868 (320,173 ) (9,881) Net change in fund balances (240,418) (433,953) 1,008,871 148,230 374,131 (9,881) Fund balances (deficit) at beginning of year 868,591 71203437 (3,269,023 2,162,676 2 498 530 9,881 Fund balances (deficit) at end of year $ 628,173 6,769,484 (2,260152 2,310,906 2 124 399 ' Redevelopment Financing Community Street Park Fire A.D.2000-1 Agency Authority Totals ' Center Facility Facility Facility Phase VI PA No. 2 Projects 2006 2005 140,640 96,275 20,393 111,214 6,229,233 4,169,178 _ _ - - - 190,863 ' 30,254 7,720 1,897 41549 101,147 256 485,096 317,946 170,894 103,995 22,290 181,254 4,549 101,147 256 6,714,329 4,677,987 _ _ 207,455 205,410 205,708 - 205,708 193,088 298,794 298,794 392,878 39,039 - - - 235,799 162,608 ' 39,039 298,794 205,708 - 947,756 953,984 ' 170,894 103,991 22,290 142,215 (294,245) (104,561) 256 5,766,573 3,724,003 1, ' (17,316) (6,604,426) (11,512,359359) (13,202,136) 7,824,584 7,824,584 _ _ - - (17,316) 1,220,158 - (3,675,907) (13,202,136) ' 170,894 103,995 22,290 142,215 (311,561) 1,115,597 256 2,090,666 (9,478,133) 795,713 179,342 44,943 1,122,185 311,561 1,632,833 7,017 6,326,256 15,804,389 966,607 283,337 67,233 (979,970 - 2,748,430 7,273 8,416,922 6,326,256 1 t 113 i CITY OF1LA QUINTA Capital Projects Funds Capital Improvement Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2006 Revenues: Developer fees Intergovernmental Total revenues Expenditures: Capital proj ects Debt service: Principal Interest and fiscal charges Total expenditures Excess (deficiency) ofrevenu 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 i Actual Positive (negative) Actual $ 218,750 351,324 108 (351,216) 20,142,681 28,384,186 8,255,422 (20,128,764) 921,527 20,361,431 28,735,510 8,255,530 (20,479,980) 921,527 24,662,770 121,938,279 25,407,673 172,112 172,112 172,112 76,342 76,342 76,342 24,911,224 122,186,733 25,656,127 es (4,549,793) (93,451,223) (17,400,597) 4,549,793 93,451,223 17,412,465 - (11,868) 4,549,793 93,!451,223 17,400,597 A. 4 T14 96,530,606 96,530,606 39,559,080 162,546 85,908 39,807,534 76,050,626 (38,886,007) (76,038,758) 38,886,007 (11,868) - (76,050,626) 38,886,007 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, 2006 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Investment income 512,500 2,063,378 1,038,028 (1,025,350) 767,036 Total revenues 512,500 2,063,378 1,038,028 (1,025,350) 767,036 Expenditures: Current: Planning and development 656,777 686,777 666,017 20,760 558,792 Total expenditures 656,777 686,777 666,017 20,760 558,792 Excess (deficiency) of revenues over(under)expenditures (144,277) 1,376,601 372,011 (1,004,590) 208,244 Other financing sources (uses): Transfers in - - 913,378 913,378 442,928 Transfers out (85,000) (23,454,157) (6,642,051) 16,812,106 (17,612,949) Total other financing sources (uses) (85,000) (23,454,157) (5,728,673) 17,725,484 (17,170,021) Net change in fund balances (229,277) (22,077,556) (5,356,662) 16,720,894 (16,961,777) Fund balances at beginning of year 30,441,596 30,441,596 30,441,596 - 47,403,373 Fund balances at end of year $ 30,212,319 8,364,040 25,084,934 16,720,894 30,441,596 115 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, 2006 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Investment income $ 1,418,400 1;418,400 2,246,441 828,041 1,191,332 Total revenues 1,418,400 1,418,400 2,246,441 828,041 1,191,332 Expenditures: Current: Planning and development 54,021,866 17;150,000 720,227 16,429,773 Total expenditures 54,021,866 17450,000 720,227 16,429,773 Excess (deficiency) of revenues over (under) expenditures (52,603,466) (15,731,600) 1,526,214 17,257,814 1,191,332 Other financing sources (uses): Transfers out (51,443,787) (2,773,994) 48,669,793 (753,613) Total other financing sources (uses) (51,443,787) (2,773,994) 48,669,793 753,613 Net change in fund balances (52,603,466) (67175,387) (1,247,780) 65,927,607 437,719 Fund balances at beginning of year 58,094,701 58,094,701 58,094,701 - 57,656,982 Fund balances at end of year $ 5,491,235 9,080,686 I 56,846,921 65,927,607 58,094,701 1 r 1 1 1 1 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, 2006 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Investment income $ 600 20,000 24,204 4,204 16,302 Total revenues 600 20,000 24,204 4,204 16,302 Other financing sources (uses): Transfers out (8,751) (721,353) 264,622 456,731 (296,820) Total other financing sources (uses) (8,751) (721,353) (264,622 456,731 (296,820 Net change in fund balances (8,151) (701,353) (240,418) 460,935 (280,518) Fund balances at beginning of year 868,591 868,591 868,591 - 1,149,109 Fund balances at end of year $ 860,440 167,238 628,173 460,935 868,591 117 L 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, 2006 Revenues: Developer fees Investment income Total revenues Expenditures: Current: Public works Total expenditures i Budget Original Final $ 1,096,200 1096,200 66,300 165,000 1,162,500 1;261,200 Excess (deficiency) of revenues over (under) expenditures 1,162,500 1,261,200 Other financing sources (uses): Transfers out (4,057,578) (7322,318) 578) (7,322,318) 078) (6;061,118) 437 7,203,437 359 19442,319 is Total other financing sources (uses) Net change in fund balances (4,057, (2,895, Fund balances at beginning of year 7,203, Fund balances at end of year $ 4,308, Variance with Final Budget Actual Positive (negative) 3,632,186 229,802 3,861,988 3,861,988 4,295,941 4,295,941 (433,953) 7,203,437 6,769,484 2,535,986 64,802 2,600,788 2,600,788 3,026,377 3,026,377 5,627,165 5,627,165 Prior Year Actual 2,239,022 131,328 2,370,350 392,878 392,878 1,977,472 (1,113,129) 1,113,129 864,343 6,339,094 7,203,437 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, 2006 Revenues: Developer fees Investment income Total revenues Expenditures: Debt service: Interest and fiscal charges 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 (deficit) at beginning of year Fund balances (deficit) at end of year Budget Original Final Actual Variance with Prior Final Budget Year Positive (negative) Actual $ 446,000 446,000 1,100,676 654,676 717,856 6,743 6,743 3,953 446,000 446,000 1,107,419 661,419 721,809 110,000 110,416 110,000 110,416 (416) 81,740 (416) 81,740 446,000 336,000 997,003 661,003 640,069 - - 11,868 11,868 - (113,358) 113,358 (47,440) - (113,358) 11,868 125,226 (47,440) 446,000 222,642 1,008,871 786,229 592,629 (3,269,023) (3,269,023) (3,269,023) - (3,861,652) $ (2,823,023) (3,046,381) (2,26Q,152) 786,229 (3,269,023) 119 CITY OF LA QUINTA Capital Pr9liects Funds Civic Center Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2006 i ; Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Developer fees $ 256,000 256,000 597,334 341,334 576,248 Investment income - 50,000 78,524 28,524 37,658 Total revenues 256,000 306,000 675,858 369,858 613,906 Expenditures: Current: General government 204,173 204,173 207,455 (3,282) 205,410 Total expenditures 204,173 204,173 207,455 (3,2 8 2) 205,410 Excess (deficiency) of revenues over (under) expenditures 51,827 '101,827 468,403 366,576 408,496 Other financing sources (uses): Transfers out - (3,146,118 (320,173) 2,825,945 (135,607 Total other financing sources (uses) - (3,146,118) (320,173) 2,825,945 (135,607 Net change in fund balances 51,827 (31:044,291) 148,230 3,192,521 272,889 Fund balances at beginning of year 2,162,676 2,162,676 2,162,676 - 1,889,787 Fund balances at end of year 2,214,503 2,310,906 3,192,521 2,162,676 120 CITY OF LA QUINTA Capital Projects Funds Library Development Fund 1 Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2006 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Developer fees $ 177,500 177,500 460,475 282,975 297,033 ' Investment income 24,750 Total revenues 177,500 177,500 460,475 282,975 321,783 Expenditures: Debt service: ' Interest and fiscal charges 82,000 86,344 (4,344 8,482 Total expenditures - 82,000 86,344 (4,344 8,482 ' Excess (deficiency) of revenues over (under) 1 expenditures 177,500 95,500 374,131 278,631 313,301 Other financing sources (uses): - (3,746,450 1 Transfers out - - Total other financing - - - (3,746,450 sources (uses) - Net change in fund balances 177,500 95,500 374,131 278,631 (3,433,149) Fund balances (deficit) at beginnin of year (2,498,530) (2,498,530 (2,498,530) 934,619 Fund balances (deficit) at end of year $ (2,321,030) (2,403,030 (2,124,399) 278,631 (2,498,530 ' 121 1 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, 2006 Revenues: Intergovernmental Investment income Total revenues Other financing sources (uses): Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year Budget Original Final Actual 9,881 9,881 (9,881; 9,881 9,881 9,881 $ ' 9,881 9,881 - Variance with Prior Final Budget Year Positive (negative) Actual 190,863 1,699 192,562 (9,881) 59( 0,863) (9,881) 590,863 (398,301) 408,182 9,881 122 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, 2006 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual ' Revenues: Developer fees $ 37,000 37,000 140,640 103,640 138,328 Investment income 17,600 17,600 30,254 12,654 13,669 Total revenues 54,600 54,600 170,894 116,294 151,997 ' Fund balances at beginning of year 795,713 795,713 795,713 - 643,716 eFund balances at end of year $ 850,313 850,313 966,607 116,294 795,713 123 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, 2006 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Developer fees $ 44,100 44,100 96,275 52,175 30,495 Investment income 3,900 3,900 7,720 3,820 3,075 Total revenues 48,000 48,000 103,995 55,995 33,570 Fund balances at beginning of year 179,342 F 179,342 179,342 145,772 Fund balances at end of year $ 227,342 227,342 283,337 55,995 179,342 124 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, 2006 Variance with Prior Budget Final Budget Year Original Final Actual Positive (negative) Actual ' Revenues: Developer fees $ 11,000 11,000 20,393 9,393 7,182 Investment income 1,000 1,000 1,897 897 792 Total revenues 12,000 12,000 22,290 10,290 7,974 1 Fund balances at beginning of year 44,943 44,943 44,943 - 36,969 Fund balances at end of year $ 56,943 56,943 67,233 10,290 44,943 125 CITY OF LA QUINTA Capital Projects Funds Fire Facility Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2006 Revenues: Developer fees Total revenues Expenditures: Debt service: Interest and fiscal charges Total expenditures 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) 74,500 74,500 181,254 74,500 74,500 181,254 i 37,000 39,039 37,000 39,039 74,500 37,500 142,215 (1,122,185) (l,'22,185) 1,122,185 $(1,047,685 1084,685 9( 79,970) 106,754 106,754 (2,039) (2,039) 104,715 104,715 Prior Year Actual 163,014 163,014 24,310 24,310 138,704 1,260,889 1,122,185 126 CITY OF LA QUINTA Capital Projects Funds A.D. 2000-1 Phase VI Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2006 Revenues: Investment income Total revenues Expenditures: Current: Public Works Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year Variance with Prior Budget Final Budget Year Original Final - Actual Positive (negative) Actual $ 3,608 4,549 3,608 4,549 298,794 298,794 941 6,559 941 6,559 (298,794) (298,794) 3,608 (294,245) (297,853) 6,559 17,316 (17,316) (147,372) (17,316 (17,316) - (13,708) (311,561) 311,561 311,561 311,561 $ 311,561 297,853 - 127 14( 7,372) (297,853) (140,813) 452,374 (297,853) 311,561 CITY OF LA QUINTA Capital Projects Funds Redevelopment Agency Project Area No, 2 Fund E Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2006 I, i Variance with Prior Budget '! Final Budget Year Original Final Actual Positive (negative) Actual Revenues: Investment income $ 37,100- 1,80,000 101,147 21,147 38,475 Total revenues 37,100 80,000 101,147 21,147 38,475 Expenditures: Current: Planning and development 221,965 221,965 205,708 16,257 193,088 Total expenditures 221,965 i221,965 205,708 16,257 193,088 Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers out Proceeds from sale of capital asset Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year (184,865) 141,965 (104,561) (6,802,032) (6,604,426) 7,824,584 7,824,584 (6802,032) 1,220,158 (184,865) (6,943,997) 1,115,597 1,632,833 1632,833 1,632,833 $ 1,447,968 5,311,164 2,748,430 37,404 (154,613) 197,606 (1,341,046) 197,606 (1,341,046) 235,010 (1,495,659) - 3,128,492 235,010 1,632,833 128 t CITY OF LA QUINTA Capital Projects Funds Financing Authority Capital Projects Fund tSchedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2006 t Revenues: Investment income Total revenues Expenditures: Debt service: Interest and fiscal charges ' Total expenditures Net change in fund balances Fund balances at beginning of year 1 Fund balances at end of year Budget Original Final Variance with Final Budget Actual Positive (negative) $ 256 256 - - 256 7,017 7,017 7,017 $ 7,017 7,017 7,273 129 256 Prior Year 93 48,076 48,076 256 (47,983) - 55,000 256 7,017 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. 130 CITY OF LA QUINTA Internal Service Funds Combining Statement of Net Assets June 30, 2006 Park Equipment Information Equipment Totals Replacement Technology and Facility 2006 2005 Assets Current assets: Cash and investments $ 2,867,338 694,953 519,323 4,081,614 3,426,605 Prepaid items - 50,724 - 50,724 49,086 Interest receivable 12,638 3,271 2,293 18,202 17,894 Due from other governments - - - - - Capital assets, net 858,837 435,437 14,840,945 16,135,219 15,223,945 Total assets 3,738,813 1,184,385 15,362,561 20,285,759 18,717,530 Liabilities Current liabilities: Accounts payable 10,041 1,997 12,038 20,986 Accrued salaries and benefits - 2,332 2,332 4,024 Total liabilities 10,041 4,329 - 14,370 25,010 Net Assets Invested in capital assets, 858,837 435,437 14,840,945 16,135,219 15,223,945 net of related debt Unrestricted 2,869,935 744,619 521,616 4,136,170 3,468,575 Total net assets $ 3,728,772 1,180,056 15,362,561 20,271,389 18,692,520 131 CITY OF LA QUINTA Internal Service Funds Combining Statement of Revenues, Expenses and Changes in Net Assets Year ended June 30, 2006 Park Equipment Information Equipment Totals Replacement Technology and Facility 2006 2005 Operating revenues: Charges for services $ 331,312 426,018 250,000 1,007,330 981,180 Total operating revenues 331,312 426,018 250,000 1,007,330 981,180 Operating expenses: Salaries and benefits - 79,468 79,468 71,734 Fuel and oil 64,210 64,210 42,473 Maintenance and parts 121,231 121,231 116,565 Contract services 8,370 33,463 41,833 109,956 Sofltware and supplies - 97,300 97,300 89,564 Depreciation 169,216 65,025 381,865 616,106 624,570 Other operating expenses 15,882 14,481 - 30,363 93,993 Total operating expenses 378,909 ':. 289,737 381,865 1,050,511 1,148,855 Operating income (loss) (47,597) 136,281 131,865 (43,181) 167,675 Non -operating revenues (expenses): Investment income 96,653 26,701 17,052 140,406 66,322 Gain (loss) on sale of capital assets 10,210 (3,941) - 6,269 8,501 Total non -operating revenues (expenses) 106,863 22,760 17,052 146,675 74,823 Income (loss) before transfers and capital contributions 59,266 159,041 (114,813) 103,494 (92,852) Capital contributions 317,164 151,094 1,007,117 1,475,375 14,602,365 Changes in net assets 376,430 ! 310,135 892,304 1,578,869 14,509,513 Net assets at beginning of year 3,352,342 869,921 14,470,257 18,692,520 4,183,007 Net assets at end of year $ 3,728,772 1,180,056 15,362,561 20,271,389 18,692,520 I CITY OF LA QUINTA Internal Service Funds t Combining Statement of Cash Flows Year ended June 30, 2006 ' Park Equipment Information Equipment Totals Replacement Technology and Facility 2006 2005 ' Cash flows from operating activities: Cash received from other customers $ 331,312 426,018 250,000 1,007,330 981,180 Cash payments to suppliers for goods and services (213,753) (151,770) - (365,523) (505,603) ' Cash payments to emplyees (81,160) (81,160) (67,710) Net cash provided by (used for) operating activities 117,559 193,088 250,000 560,647 407,867 Cash flows from capital and related activities: Insurance proceeds 9,985 - - 9,985 18,294 Cash received from the sale of capital assets 225 - - 225 350 Cash paid to acquire capital assets (41,946) (14,000) 55,946 145,333 Net cash provided by (used for) capital and related activities (31,736) 14,000 - 45,736 126,689 Cash flows from investing activities: Interest received on investments 97,817 26,272 16,009 140,098 61,035 Net cash provided by (used for) investing activities 97,817 26,272 16,009 140,098 61,035 Net increase (decrease) in cash 1 and cash equivalents 183,640 205,360 266,009 655,009 342,213 Cash and cash equivalents at beginning of year 2,683,698 489,593 253,314 3,426,605 3,084,392 Cash and cash equivalents at end of year $ 2,867,338 694,953 519,323 4,081,614 3,426,605 Reconciliation of operating income to net cash provided by operating activities: Operating income (loss) $ (47,597) 136,281 (131,865) (43,181) (167,675) Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation 169,216 65,025 381,865 616,106 624,570 Adjustments: (Increase) decrease in due from other governments - - - 3,932 (Increase) decrease in prepaid items - (1,638) - (1,638) (49,086) 1 (Increase) decrease in other assets (19,100) Increase (decrease) in accounts payable (4,060) (4,888) - (8,948) 15,226 Increase (decrease) in accrued liabilities - (1,692) - (1,692) - ' Net cash provided by (used for) operating activities $ 117,559 193,088 250,000 560,647 407,867 Noncash capital, financing and investing activities: Fixed asset disposals $ (65,496) Fixed assets contributed by other funds 317,164 151,094 1,007,117 1,475,375 14,602,365 133 (This page intentionally left blank) AGENCY FUNDS Agency funds are used to account for assets held by the City as an agent for an individual, private organizations and other governmental units. The agency funds and their purposes are as follows: The City of La Quinta has the following agency funds: paid to the 7-6, 7V-1, 71- payments on' )0-1 -'To account for assessments to finance sewer improvements. 135 0 Assets Cash and investments Taxes receivable Interest receivable Total assets i i' CITY OF LA';QUINTA Agency Funds Combining Balance Sheet June 30 2006 i Assessment Assessment District' District No.88-1No.89-2 Liabilities Deposits payable $ - Total liabilities $ i 136 Assessment Assessment District District No.90-1 No.91-1 Assessment District No. 92-1 295,735 5,281 1,233 302,249 Assessment District No. 97-1 131,706 2,852 542 Assessment District 411,569 22,180 1,709 Totals 2006 2005 839,010 1,221,946 30,313 25,829 3,484 6,166 135,100 435,458 872,807 1,253,941 302,249 135,100 435,458 872,807 1,253,941 302,249 135,100 435,458 872,807 1,253,941 137 CITY OF LA QUINTA Agency Funds Combining Statement of Changes in Assets and Liabilities Year ended June 30, 2006 Balance at June 30, 2005 Additions Deletions ASSESSMENT DISTRICT NO. 88-1 Assets Cash and investments $ 92,159 2,576 (94,735) Taxes receivable 1,021 '" - (1,021) Interest receivable 471 (471) r' Total assets $ 93,651 2,576 (96,227) Liabilities Deposits payable $ 93,651 1,084 (94,735) ASSESSMENT DISTRICT NO. 89-2 Assets Cash and investments $ 58,715 1,089 Taxes receivable 100 Interest receivable 304 Total assets $ 59,119 1,089 Liabilities Deposits payable $ 59,119 " 685 ASSESSMENT DISTRICT NO. 90-1 Assets Cash and investments $ 108,996 4,407 Taxes receivable 1,951 Interest receivable 666 Total assets $ 111,613 4,407 Liabilities Deposits payable $ 111,613 i" 1,790 (59,804) (100) (304) (60,208) 59,804 (113,403) (1,951) (666) (116,020 ) (113,403 ) Balance at June 30, 2006 (Continued) i 138 CITY OF LA QUINTA Agency Funds Combining Statement of Changes in Assets and Liabilities (Continued) Balance at Balance at June 30, 2005 Additions Deletions June 30, 2006 ASSESSMENT DISTRICT NO. 91-1 Assets Cash and investments $ 127,511 6,848 (134,359) Taxes receivable 4,681 - (4,681) Interest receivable 656 - (656) Total assets $ 132,848 6,848 (139,696) Liabilities Deposits payable $ 132,848 1,511 134,359 - ASSESSMENT DISTRICT NO. 92-1 Assets Cash and investments $ 304,888 157,550 (166,703) 295,735 Taxes receivable 943 5,281 (943) 5,281 Interest receivable 1,496 1,233 (1,496) 1,233 Total assets $ 307,327 164,064 (169,142) 302,249 Liabilities Deposits payable $ 307,327 155,111 160,189 302,249 ASSESSMENT DISTRICT NO. 97-1 Assets Cash and investments $ 126,104 68,884 (63,282) 131,706 Taxes receivable 3,450 2,852 (3,450) 2,852 Interest receivable 612 542 (612) 542 Total assets $ 130,166 72,278 67,344 135,100 Liabilities Deposits payable $ 130,166 64,822 (59,888) 135,100 (Continued) 139 CITY OF LA QUINTA Agency Funds Combining Statement of Changes in Assets and Liabilities (Continued) Balance at June 30, 2005 Additions Deletions ASSESSMENT DISTRICT NO.2000-1 Assets Cash and investments $ 403,573 493,402 (485,406) Taxes receivable 13,683 22,180 (13,683) Interest receivable 1,961 1,709 1,961 Total assets Liabilities Deposits payable TOTALS -ALL AGENCY FUNDS $ 419,217 517,291 (501,05 0) Balance at June 30, 2006 411,569 22,180 1,709 435,458 $ 419,217 477,758 461,517 435,458 Assets Cash and investments $ 1,221,946 i' 734,756 (1,117,692) 839,010 Taxes receivable 25,829 30,313 (25,929) 30,313 Interest receivable 6,166 3,484 6,166 3,484 Total assets $ 1,253,941+' 768,553 1,149,687 872,807 Liabilities Deposits payable $ 1,253,941 702,761 (1,083,895) 872,807 Total liabilities $ 1,253,941 !' 702,761 1,083,895 872,807 140 i ' CAPITAL ASSETS USED IN THE OPERATION OF GOVERNMENTAL FUNDS 141 CITY OF LA QUINTA Capital Assets Used in the Operation of Governmental Funds by Source' June 30, 200.6 and 2005 2006 2005 Governmental funds capital assets: Land $ 48,953,107 53,670,027 Buildings and improvements 24,151,306 15,311,445 Equipment and furniture 710,756 1,555,329 Infrastructure 369,031,337 345,559,519 Construction in progress 26,827,331 27,794,113 Total governmental funds capital assets i 443.890,433 Investment in general fixed assets by source: Capital projects funds 421,547,237 390,946,913 Redevelopment agency 48,126,600 59,943,520 Total government funds capital assets $469,673,837 443,890,433 ' 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. CITY OF LA QUINTA ' Capital Assets Used in the Operation of Governmental Funds Schedule of Function and Activity June 30, 2006 1 Buildings and Equipment Construction Land Improvements and Furniture Infrastructure in Progress Totals ' Function and Activity General government: City manager - $ 2,387,354 121,868 98,366 - 2,607,588 1 Economic development - 10,208 - - 10,208 Personnel 24,299 24,299 Central services - - 45,878 - - 45,878 City clerk - - 135,366 135,366 Total general government 2,387,354 146,167 289,818 - 2,823,339 Public safety: Police - - 105,109 - - 105,109 Building and safety administration - 10,030 - - 10,030 Emergency services - - 33,475 - 33,475 ' Fire 101,392 3,572,400 _ 3,673,792 Civic center building operations - 9,712,796 64,599 - 752,902 10,530,297 Total public safety 101,392 13,285,196 213,213 - 752,902 14,352,703 Community services: - Community services ' administration 2,044,255 96,798 2,141,053 Parks and recreation program - - _ _ - _ Senior center _ 2,019,454 5,289 2,024,743 ' Library 8,135,289 _ 8,135,289 Total community services 10,154,743 5,289 2,044,255 96,798 12,301,085 Community development: Community development administration 48,025 - - 48,025 Redevelopment agency 46,464,361 560,000 - - 474,417 47,498,778 Total community development 46,464,361 560,000 48,025 - 474,417 47,546,803 IPublic works: Public works administration - - 5,374 - - 5,374 Development and traffic - - 18,555 344,144,951 24,990,731 369,154,237 Street maintenance and operations I 5,200 22,618 3,912,060 4,352 3,944,230 Lighting and landscape maintenance and operations - - 107,864 18,930,071 508,131 19,546,066 Total public works - 5,200 154,411 366,987,082 25,503,214 392,649,907 Total governmental funds capital assets $ 48,953,107 24,151,306 710,756 369,031,337 26,827,331 469,673,837 '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. 143 CITY OF LA QUINTA Capital Assets Used in the Operation of Governmental Funds Schedule of Changes by,Function and Activity June 30 2006 Governmental FundsCapital Assets Function and Activity July 1, 2005 Additions General government: City manager $ 3,540,588 - Economic development 10,208 39,110 Personnel 24,299 - Central services 45,878 - City clerk 135,366 Total general government Public safety: Police Building and safety administration Emergency services Fire Civic center building operations Total public safety Community services: Community services administration 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 Total governmental funds capital assets 3,756,339 105,109 10,030 33,475 3,713,792 10,210,125 14,072,531 1,781,247 7,804,171 2,024,743 3,077 11,613,238 39,110 320,172 320,172 369,025 8,666,408 622,485 9,657,918 48,025 57,409,814 8,970,093 57,457,839 8,970,093 5,374 341,810,592 30,429,943 2,060,205 1,884,025 Governmental Funds Capital Assets Deletions June 30, 2006 (933,000) 2,607,588 (39,110) 10,208 24,299 45,878 135,366 (972,110) 2,823,339 105,109 10,030 33,475 (40,000) 3,673,792 10,530,297 (40,000) 14,352,703 (9,219) 2,141,053 (8,335,290) 8,135,289 2,024,743 (625,562) 8,970,071 12,301,085 - 48,025 18,881,129 47,498,778 (18,881,129) 47,546,803 5,374 (3,086,298) 369,154,237237 3,944,230 13,114,313 8,454,319 (2,022,566) 19,546,066 ,.. 356,990,484 40,768,287 (5,108,864) 392,649,907 $ 443,890,431 59,755,580 (33,972,174 469,673,837 'This schedule presents only the capital asset balances relatedic, 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. 144 I F 1 1 STATISTICAL SECTION 145 CITY OF LA QUINTA TABLE 1 Net Assets by Component - Last Six Fiscal Years (accrual basis of accounting), Fiscal Year 2001 2002 2003 2004 2005 2006 Governmental activities: Invested in capital assets, net of related debt $ 217,419,724 195,474945 225,818,022 249,059,500 233,361,129 253,559,117 Restricted 45,438,930 74,156,691 40,038,313 44,415,966 43,421,957 65,159,623 Unrestricted 30,698,622 43,025;999 48,290,000 45,169,328 60,361,071 86,129,376 Total governmental activities net assets $ 293,557,276 312,657,635 314,146,335 338,6449794 337,144,057 404,848,116 Business -type activities: Invested in capital assets, - net ofrelated debt $ 41,300,846 42,075,172 Restricted - - - - _ - - Unresuicted (626,658) (1,665,646) Total business -type activities net assets ' 40,674,188 40,409,526 Primary government: Invested in capital assets, net of related debt $ 217,419,724 195,474,945 225,818,022 Restricted 45,438,930 74,156,691 40,038,313 Unrestricted 30,698,622 43,025,999 48,290,000 Total primary government net assets $ 293,557,276 312,657,635 314,146,335 The City of La Quinta implemented GASB 34 for the fiscal year ended June 30, 2001. Information prior to the implementation ofGASB 34 is not available. Source: City of La Quinta 249,059,500 274,661,975 295,634,289 44,415,966 43,421,857 65,159,623 45,169,328 59,734,413 84,463,730 338,644,794 377,818,245 445,257,642 146 1 CITY OF LA QG04TA TABU 2 Changix in Not Ass. ' Lot Six Fiscal (morel basis of.wm.ng) .ceb FVW Ye. 2001 2002 2W3 2004 2005 2W6 Expmsm: ' CmvemmmW ectivirim. Gmerel govmunmt S 3,146,699 3,241,576 3,203,462 4,319,778 3,595,906 4,229,971 Publicsefery 5,776,628 7522,532 8,547,005 10,256,463 8,512,875 9,065,246 Community services 940,881 1,411,943 1321,825 1A46,9W 1,157,141 1,426.033 Plvuting and development 6,146,998 7,110,125 19,083.860 7,526.977 5.752,239 5,9W,915 ' Public world Inlmmt on long-term debt 5.968,912 6,434,239 6,785,759 6,W3,013 9,101,382 10,006,335 5,861 632 7,791 759 8,555,401 9,658,779 15,265,051 15,4NI656 TOW 90vemm-W efteAlies expemes 27,841749 33,512,174 4)49)312 39212009 43384794 46,129054 Biuinms-type actiview Oulf coupe ToW butinees-type acYvilin mpema - 1,877,291 4.523146 Tow primary govemmmt expenem 27,841749 - 33,512174 - 47.497312 - 393120W 1877291 45.262,085 4,523146 50.6522W Progrnn revenue; Govanmmnal..Ali. - C $. for serv.. Gmeml govemmmt 2)4,601 253,891 298,749 337,376 445,663 717,849 Public snfely 2,860,434 2,544,528 2,917,866 4,OW,621 4,439,115 4,168,2% C....Iy.M. 123,%0 170,865 205,806 252,677 252,501 428,947 Plemmg M development 709,033 565,098 611,278 662,]3) 754,938 1.973,676 Public works 1,429,942 1,316,373 1,594,225 1,813,993 2,813,703 3,021,379 Operating gmnB and cun.ibuliom 1,601716 1,699,255 1,797,031 I,7".503 1935,579 3,03,173 1 CaPiW granu and coniibu.ee 14,375463 11662424 5160405 ° 12,W0143 18591423 33,918901 Tow g9vemmenW At. program revenues 21,315149 18,212434 12,585360 20,%1.050 29233921 47,732,131 Bob.." actiAe, Ch.ge far sevlca: ' Golfco rse ToW business -type obvious LW1836 3,120 ]28 Program revenue 1,091,836 3,120728 TOW primay govemmmt pr0grum revenues 21315149 18,212434 12593360 20,961050 30125757 50,952,839 (continued) (eftilo ed) (contlnuei) (cominud) (<m.nued) (c0minud) Net mvmum (mpm5<s): CmvmnmenW..vi.. (6,526,6W) (13,299,)40) (34,911952) (18,250,939) (14,150,873) 1,W3,077 ' Businssype Told net.senses (expmm) (6,526,6W7 (15299740) (34911,952) (7854551 (1402418) (18250959) (169363287 200.659 GmeW revenues and after ehangm in reel.cats; GOvemmenW ac.vi.e: To. 1 Wes 1,191.936 2,579,245 To Tu irlOemepl 15,326,1 BJ 5,324,183 8,450,1%8",329 18,899,329 21,191 832 4,450,337 24,450,33> ]A,443,113 5.168,329 J5,168,329 Sales lux, 3,778,383 3,093,588 4,345,381 5,240,037 6,773.566 7,613,075 Tsemient occupanry mxe 4,249.753 3,967,003 4,036,290 4,261,767 4,831,338 5,437,238 Fre.hisc mxe 635,7W 654.696 6W,544 893,810 1,185,087 I,(Wg470 1 Other W. 515,310 479,822 700,154 867,058 1,392,795 Motor vel.de in li e4 mvmbicted 1,496,620 I A73,217 2,433,642 2,740.233 2,710,23J rn bwme 3,5]8,21M 1,001,W] 1,353,068 1353,868 1,738,505 1,>18,505 GonO Gain (loxs)on sele ofapiw aunts - (21,397) - bhmellen.. 292,036 692,691 513.876 - 1489,612 3,717,470 3,JIJ,4)0 2,397,474 1,967,292 1,96],292 1.943,03 1 Tr (4145931 64136 (1137203) TOW g mmW .livi.m 31,023,115 J3695242 36,400,632 42,749418 12,650 66,101726 i-" Bmbes-rype.tivi.ee Invmmsmt Tf. 353 TOW b TOW usinms-type.livitim - - _ 41.459643 1,13) 203 Tow prmary govemmet 31.023115 J3,695242 36400652 42,749418 41,439643 54109779 1,137756 67,239492 Change in ner aue e GovmuneNal on .m 24,4%,515 18395,502 1,488,7W 24,498.459 (1,500,737) 67,7N,803 Bminms-typo eC.Aft. - TuW prmary govemmmt 524,49fi 515 18395.502 IOBBJ00 24,498,459 40,674188 39,173451 (264b62) 67A4g141 The CIty ofm Quinm le plauceled GASB 34 for the fix.1 year essdedJmm 31, 1111. 1m0mm11on prior Io the implemenmlion ofGASB 34 is reI nPxftj hle. I ' The o-mufe wus for Wed &golf course improvemenB o-meferted to fta Enlerydse Fmd. Source: City of La Q.ow 147 i CITY OF LA QUINTA TABLE 3 Changes in Net Assets - Governmental Activities Last Six Fiscal Years f (accrual basis of accounting).. Fiscal Year 2001 2002 2003 2004 2005 2006 Expenses: General government $ 3,146,699 3241,576 3,203,462 4,319,778 3,595,906 4,229,871 Public safety 5,776,628 7,522532 8,547,005 10,256,463 8,512,875 9,065,244 Community services 940,881 1,411,943 1,321,825 1,446,999 1,157,141 1,426,033 Planning and development 6,146,998 7,116,125 19,083,860 7,526,977 5,752,239 5,906,915 Public works 5,968,911 6,434;239 6,785,759 6,003,013 9,101,582 10,006.335 Interest on long-term debt - 5,861,632 7,791,759 9,555,401 9,659,779 15,265,051 15,494,656 Total governmental activities expenses 27,841,749 33,512J74 47,497,312 39,212,009 43,384,794 46,129,054 Program revenues: Charges for services: General government 214,601 253,891 298,749 337,376 445,663 717,949 Public safety 2,860,434 2,54,528 2,917,866 4,004,621 4,438,115 4,168,206 Community services 123,960 170,865 205,806 252,677 252501 428,947 Planning and development 709,033 565,098 611,278 662,737 754,938 1,873,676 Public works 1,429,942 1,316,373 1,594,225 1,813,993 2,815,703 3,021,379 Operating grants and contributions 1,601,716 1,699,255 1,797,031 1,799,503 1,935,578 3,603,173 Capital grants and contributions 14,375,463 11,662,424 5,160,405 12,090,143 18,591,423 33,919,901 Total governmental activities program revenues 21,315,149 18,212,434 12,595,360 20,961,050 29,233,921 47,732,131 Net program revenues (expenses) (6,526,600) (15,299,740) (34,911,952) (18,250,959) (14,150,873) 1,603,077 General revenues and other changes in net assets! Taxes: Property taxes 1,162,634 1,450,196 1,900,616 2,198,141 2,579,245 3,679,079 Tax increment 15,324,183 18,899,329 21,191,832 24,450,337 24,443,112 35,168,329 Sales tax 3,778,583 3,093,588 4,345,381 5,240,037 6,773,566 7,613,075 Transient occupancy taxes 4,249,753 3,961,003 4,036,290 4,261,767 4,831,338 5,437,238 Franchise tax - 625,790 654,696 690,544 895,810 1,185,087 1,044,470 Other tax 515,310 479,822 700,154 867,058 1,392,795 1,326,618 Motor vehicle in lieu, unrestricted 1,496,620 1,473,217 1,768,091 1,608,151 2,453,642 2,740,233 Investment income 3,578,206 3,066,097 1,353,868 1,738,505 4,336,050 6,319,502 Gain (losa) on sale of capital assets - (21,397) - - 3,717,470 1,967,292 Miscellaneous 292,036 642,691 513,976 1,489,612 2,397,474 1,943,093 Transfers (41,459,643) (1,137,203) Total governmental activities 31,023,115 33,695,242 36,400,652 42,749,418 12,650,136 66,101,726 Changes in net assets governmental activities $ 24,496,515 18,395,502 1,488,700 24,498,459 (1,500,737) 67,704,803 77te City of La Quinta implemented GASB 34 for the fiscal year ended June 30, 2001.- Information Prior to the implementation ofGA.SB 34 is not available. Source: Cityof La Quinta I i 148 1 CITY OF LA QUINTA ' Changes in Net Assets - Business -type Activities Last Two Fiscal Years (accrual basis of accounting) ' Fiscal Year 2005 2006 Expenses: Golf Course 1,877,291 2 4,523,146 ' Total business -type activities expenses 1,877,291 4,523,146 Program revenues: Charges for services: Golf Course 1,091,836 s 3,120,728 Total business -type activities program revenues 1,091,836 3,120,728 Net revenues (expenses) (785,455) (1,402,418) General revenues and other changes in net assets: Investment income 553 Transfers - 164,190 Capital contributions 41,459,643 973,013 Total business -type activities 41,459,643 1,137,756 Changes in net assets - business -type activities 40,674,188 (264,662) The City of La Quinta implemented the business type activities in FY 200412005. 1 The transfer was for land &golf course improvements ' transferred to the Enterprise Fund. z This was the first full year of operations for the Golf Course Source: City of La Quinta 149 TABLE 4 CITY OF LA QUINTA TABLE 5 Fund Balances of Governmental Funds Last Six Fiscal Years (modified accrual basis of accounting) Fiscal Year 2001 2002 2003 2004 2005 2006 General fiord: Reserved $ 11,746,211 12,897,893 !; 21,099,910 29,210,757 32,412,590 23,210,506 Unreserved 23,878,259-27,981,710 ,. 26,584,773 25,494,479 31,514,377 53,058,618 Total general fiord $ 35,624,470 40,879,603 47,684,683 54,705,236 63,926,967 76,269,124 All other governmental funds: Reserved $ 13,480,545 45,508,787 ':' 38,404,982 98,476,000 99,751,862 95,515,445 Unreserved, reported in: Special revenue funds 6,352,995 12,107,305 '' 9,382,431 9,286,459 19,267,394 36,475,093 Debt service fiords (6,800,030) (5,622,884)� (6,182,506) (11,099,245) (7,236,054) 738,590 Capital projects fiords 18,712,013 12,423,247 16,368,205 28,600,240 1,831,415 6,499,827 Total all other governmental funds $ 31,745,523 64,416,455 57,973,112 125,263,454 113,614,617 139,228,955 The City of La Quinta has elected to show only six years of data for this schedule. The increase was primarily the result of the issuance of the 2004 Financing Authority bonds. Source: City of La Quint i 150 CITY OF LA QUINTA Changes in Fund Balances of Governmental Funds Last Six Fiscal Years (modified accrual basis of accounting) 1 Revenues: Taxes Licenses and permits Charges for services Developer fees Intergovernmental Investment income Special assessments Rental income Loan repayments Other Total revenues TABLE 6 Fiscal Year 2001 2002 2003 2004 2005 2006 $ 36,605,534 43,011,931 50,326,811 58,301,082 68,175,347 89,704,947 2,057,423 1,857,691 1,982,127 3,096,145 3,226,167 5,145,430 1,998,589 1,757,744 2,302,759 2,619,578 3,402,602 3,367,989 2,592,398 2,298,647 3,021,245 5,718,073 6,091,156 12,473,440 9,400,340 9,583,451 7,194,521 11,858,627 10,242,876 18,585,468 4,893,919 4,135,009 3,368,709 3,735,984 6,215,291 9,946,212 782,610 757,619 780,259 816,045 825,292 818,526 1,067,076 1,001,389 1,094,510 1,118,744 1,201,463 1,103,600 - - 2,381,602 1,621,850 502,717 584,197 483,777 1,359,539 528,903 637,054 59,900,606 64,987,678 70,554,718 88,623,817 102,290,699 143,404,516 ® Expenditures Current: General govemment 3,275,624 3,161,596 3,344,407 4,099,376 3,970,921 4,644,954 Public safety 5,636,154 7,610,308 8,344,428 9,672,708 12,364,583 13,029,187 Community services 817,460 1,067,837 993,964 1,025,397 1,104,509 1,248,308 Planning and development 6,344,764 10,693,374 7,804,294 7,480,421 5,719,373 5,847,563 Public works 2,613,928 2,897,312 3,685,050 4,536,589 6,206,769 6,987,014 Capital projects 14,456,314 57,342,978 16,057,578 43,331,919 40,012,387 25,445,550 Debt service: Principal retirement 4,510,420 11,453,487 2,931,952 3,610,538 3,793,660 4,777,748 Interest and fiscal charges 5,942,929 7,017,016 9,469,314 13,961,721 14,355,577 15,554,612 Payment to bond escrow 1,591,107 Payments underpass -through obli 10,949,381 13,669,166 17,561,994 21,448,147 25,756,321 35,958,291 Total expenditures 54,546,974 114,913,074 70,192,981 110,757,923 113,284,100 113,493,227 Excess (deficiency) of revenues over (under) expenditures 5,353,632 (49,925,396) 361,737 (22,134,106) (10,993,401) 29,911,289 Other financing sources (uses): Issuance of tax allocation bonds - 88,000,000 - 26,400,000 - Issuance of revenue bonds - _ 90,000,000 Payment to bond escrow (19,955,000) Transfers in 17,911,515 64,255,590 23,887,256 154,613,662 49,248,081 35,828,335 Transfers out (17,911,515) (65,255,590) (23,887,256) (154,613,662) (49,248,081) (35,992,525) Proceeds from sale of capital assets 146,603 8,566,295 8,209,396 Total other financing sources (uses) - 87,146,603 96,445,000 8,566,295 8,045,206 Net change in fund balances $ 5,353,632 37,221,207 361,737 74,310,894 $ 2,427,106 37,956,495 Debt service as a percentage of noncapital expenditures 53.4% 55.8% 55.4% 57.9% 59.9% 63.9% The City of La Quinta has elected to show only six years ojdata. for this schedule. Source: City of La Quinta 151 i CITY OF LA QUINTA TABLE 7 Assessed Value and Estimated Actual Value of Taxable Property Last Six Fiscal Years (in dollars) .i Entire City (including Redevelopment Agency) Fiscal Year Taxable Ended Less: Assessed June 30 Secured Unsecured Exemptions Value Percent Change 2001 3,162,945,116 30,599,753 - `(50,149,068) 3,143,395,801 N/A 2002 3,789,678,041 32,607,713 i�(54,726,303) 3,767,559,451 19.86% 2003 5,412,382,710 40,940,877 (95,420,075) 5,357,903,512 42.21% 2004 6,289,493,552 44,014,548 (113,037,003) 6,220,471,097 16.10% 2005 7,856,383,375 72,554,357 (115,071,146) 7,813,866,586 25.62% 2006 9,986,151,525 88,740,840 (99,245,721) 9,975,646,644 27.67% NOTE: In 1978 the voters of the State of California; passed Proposition 13 which limited property taxes to a total maximum rate of 1 % based upon the assessed value of the property being taxed. Each year, the assessed value of property may be increased by an "inflation factor" (limited to a maximum increase of 2%). With few exceptions, property is only re- assessed at the time that it is sold to a new owner. At that point, the new assessed value is reassessed at the purchase price of the property sold. The assessed valuation data shown above' represents the only data currently available with respect to the actual market value of taxable property and is subject to the limitations described above. Source: County of Riverside Auditor -Controller i' CITY OF LA QUINTA TABLE 8 ' Assessed Value and Estimated Actual Value of Taxable Property - Redevelopment Agency Last Fiscal Year (in dollars) ' Redevelopmeot A¢eocv Project Area 1 Fiscal Year Taxable ' Ended Less: Assessed Base Taxable June 30 Secured Unsecured Exemptions Value Year Increment 2006 3,962,433,928 29,248,534 (11,604,295) 3,980,078,167 199,398,233 3,780,679,934 t Redevelo ment A enc Pro'ect Area 2 Fiscal Year Taxable Ended Less: Assessed Base Taxable June 30 Secured Unsecured Exemptions Value Year Increment 2006 2,132,426,502 32,999,788 (54,125,422) 2,111,300,868 95,182,755 2,016,118,113 Source: County of Riverside Auditor -Controller 153 CITY OF LA QUINTA TABLE 9 Direct and Overlapping Property Tax Rates (Rate per 8100 of assessed value) Last Fiscal Year City Redevelopment Redevelopment Non -Project Area Project Area 1 Project Area 2 20061 20062 2006 r Direct Rate: City of La Qubhta 0.0760 0.0000 0.0000 Redevelopment agency Project Area 1 !; OD000 0.5830 0.0000 Redevelopment agency Project Area 2 0.0000 0.0000 0.2860 County of Riverside 0.1960 0.3470 0.3470 County Free W'brmy 0.0250 0.0010 ODD10 County Sunni=Fine Protection 0.0540 0.0030 0.0020 Coachella Valley (CV) Unified School 0.4320 0.0170 OD000 Desert Sands Unified School I OD000 0.0160 0,2000 Desert Comhnuoity College 0.0700 0.0030 0.0420 Riverside County Office of Education 0.0380 0.0030 0.0230 Riverside County Regional Park & Open Spam 0.0040 0.0000 0.0000 CV Public Cemetery 0.0032 0.0000 DDDDO CV Mosquito 0.0127 0.0120 0,0150 CV Park & Recreation 0.0192 0.0010 0.0060 CV Water District 0.0250 0.0130 0.0770 CV Resource Conservation 0.0003 0.0000 0.0000 CV WD District 1 Debt Service 0.0118 0.0000 0.0000 CVWD Storm Water Unit 0.0320 0.0010 0.0010 Total Direct Rate 0.9992 1.0000 1.0000 Overlapping Rates: County of Riverside 0.01136 0.01136 0.01136 Riverside County Office of Education ! 0.01136 0,01136 0.01136 Riverside County Pension Obligation 0.01136 0.01136 0,01136 Desert Sands Unified j; 0.15461 0.15461 0.15461 Coachella Valley Unified School District 0.23195 0.23195 0.23195 Coachella Valley Water District - 0.47946 0.47946 0.47946 Coachella Valley Recreation & Park District i, 0.09855 0.09855 0.09855 Desert Comm College District 0.05620 0.05620 0.05620 Total Overlapping Rate 1.0548 1.0548 1.0549 i Total Direct and Overlapping Rate 2.0540 NOTE: In 1978, California voters passed Proposition 13 which sets the property tax rate in a 1.00% fixed amount for direct taus. This 1.00%is shared by all taxing agencies for which the subject property resides within. Overlapping rates include assessrneat district and debt service charges. Source: County of Riverside Auditor Controller's O6ce Direct rate from Tax Rate Area (TRA) 020.059 provided by Hill Coven & Cone and overlapping debt rates from California Municipal Statistics, r Direct race taken from an analysis by the City of La Quinn Finance Deportment staff of all 65 TRA's in the Project are unit overlapping rate provided by Calif nnia Municipal Statistic s Direct rate taken from an analysis by the City of La Quinta Finance Department staff of all 54 TRA's in the Project area and overlapping ones provided by California Municipal Statistics 154 2.0548 2.0548 CITY OF LA QUINTA Principal Property Taxpayers Current Year and Nine Years Ago (in dollars) Taxoaver KSL Desert Resort, Inc TD Desert Development Wal Mart Real Estate Business Trust Quarry @ La Quinta Aventine Development Target Corporation Aries Investment CNL Desert Resort. Lowes Hardware Miraflores 2006 1997' Percent of Percent of Total City Total City Taxable Taxable Taxable Taxable Assessed Assessed Assessed Assessed Value Value Value Value $ 224,603,777 2.25% 44,944,922 0.45% 25,435,449 0.25% 24,939,778 0.25% 21,537,220 0,22% 18,226,228 0.18% 14,952,616 0.15% 14,263,447 0.14% 13,865,658 0,14% 13,436,929 0.13% $ 416,206,024 4.17% NOTE :The amounts shown above include assessed value data for both the City and the Redevelopment Agency. The information for 1997 is not available. Source: HdL Coren & Cone TABLE 10 155 TABLE 11 r CITY OF LA QUINTA Property Tax Levies and Collections Last Fiscal Year ( in dollars) Collected within the Fiscal Taxes Levied Fiscal Year of Levy Collections in Total Collections to Date Year Ended for the Percent Subsequent Percent June 30 Fiscal Year Amount of Levy Years Amount of Levy 2006 60,716,047 73,097,360 120.39% 2,092,065 75,189,425 123.84"/ NOTE: The amounts presented include City property taxes and Redevelopment Agency tax increment. This schedule also includes amounts collected by the City and Redevelopment Agency that were passed -through to other agencies. Source: County of Riverside Auditor Controller's Office i 156 ' CITY OF LA QUINTA Ratios of Outstanding Debt by Type Last Fiscal Year ' (in dollars) Fiscal Year Ended 2006 Governmental Activities Reimbursement Agreement $ 328,311 Compensated Absences 608,266 Due to Coachella Valley Unified School District 5,186,627 ' Due to County of Riverside 1,850,000 Developer Agreement 776,030 Tax Allocation Bonds Project Area 1 141,785,000 Tax Allocation Bonds Project Area 2 6,130,000 2004 Local Agency Revenue Bonds 89,265,000 City Hall Lease Revenue Bonds 6,245,000 Unamortized Discount and Issuance Costs (5,852,460) Total Governmental 246,321,774 Business -type Activities Capital Leases 1,090,602 Total Business -type activities 1,090,602 1 Total Primary Government $ 247,412,376 Population - State Department of Finance January 1, 2006 38,340 Number of Households - 2006 City of La Quinta 18,762 Median Household Income 2004 $ 65,906 Percentage of Personal Income 20.01% Debt Per Capita $ 6,453 1 Notes: Details regarding the City's outstanding debt can be found in the notes to the financial statements. t The debt service payment for the 2004 Lease Revenue Bonds are made from Redevelopment Project Area 1 & 2 low & moderate income tax increment. TABLE 12 1 157 r CITY OF LA QUINTA Ratio of General Bonded Debt Outstanding Last Fiscal Year (In Dollars) TABLE 13 Outstanding General Bonded Debt Fiscal Year City Hall Lease 2004 Tax Percent of Ended Lease Local Agency Allocation Assessed Per June 30 Obligation Revenue Bonds Bonds Total Value Capita 2006 6,245,000 89,265,000 147,915,000 243,425,000 2.44% $ 6,349 General bonded debt is debt payable with governmental fund resources and general obligation bonds recorded in enterprise funds (of which, the City has none). I Assessed value has been used because the actual valueof taxable property is not readily available in the State of California. Source: City of La Quints 158 11 1 1 1 1 1 1 F 1 CITY OF LA QUINTA Direct and Overlapping Debt June 30,2006 City Assessed Valuation Redevelopment Agency Incremental Valuation Total Assessed Valuation Source: Riverside County Auditor Controller Overlapping Debt Repaid with Property Taxes And Assessments: Desert Community College District Coachella Valley Unified School District Desert Sands Unified School District (DSUSD) DSUSD Lease Tax Obligations Coachella Valley County Water District I.D. No. 55 Coachella Valley County Water District I.D. No. 58 DSUSD Community Facilities District No. 1 City of La Quinta 1915 Act Bonds Coachella Valley Water District Assessment District No. 68 Total overlapping debt repaid with property taxes $ 4,178,848,597 5,796,798,047 $ 9,975,646,644 Percentage Outstanding Applicable I Debt 6/30/06 5.620% 23.195% 7.573% 7.573% 80.456% 6.549% 100.000% 100.000% 86.247% Overlapping Other Debt including Certifications of Participation (COP) Riverside County General Fund Obligations 1.136% Riverside County Pension Obligations - 1.136% Riverside County Board of Education COP 1.136% Coachella Valley Unified School District COP 23.195% DSUSD COP 7.573% Coachella Valley County Water District I.D. No. 71 COP 8.299% Coachella Valley Recreation and Park District COP 9.855% Total overlapping other debt Total overlapping debt City direct debt Total direct and overlapping debt TABLE 14 Estimated Share of Overlapping Debt $ 69,111,886 3,884,088 67,092,458 15,562,096 257,268,984 19,482,980 19,545,000 1,480,143 5,380,000 4,328,533 2,525,000 165,362 2,055,000 2,055,000 2,445,000 2,445,000 2,385,000 2,056,991 427,808,328 51,460,193 $ 630,525,566 7,162,770 396,845,000 4,508,159 11,240,000 127,686 32,155,000 7,458,352 14,005,000 1,060,599 8,530,000 707,905 2,615,000 257,708 _ 1,095,915,566 21,283,179 $ 1,095,915,566 72,743,372 247,412,376 $ 320,155,748 Notes: For debt repaid with property taxes, the percentage of overlapping debt applicable is estimated using taxable assessed property values. Applicable percentages were estimated by determining the portion of another governmental units taxable assessed value that is within the city's boundaries and dividing it by each unit's total taxable assessed value. Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the City. This ' schedule estimates the portion of the outstanding debt of those overlapping governments that is home by the residents and businesses of the City. This process recognizes that, when considering the City's ability to issue and repay long-term debt, the entire debt burden home by the residents and businesses should be taken into account. However, ' this does not imply that every taxpayer is a resident, and therefore responsible for repaying the debt, of each overlapping government. 1 Source: California Municipal Statistics, Inc.- overlapping debt Source: City of La Quinta - City Direct debt 159 Assessed valuation Debt limit percentage Debt limit Total net debt applicable to limit. General obligation bonds CITY OF LA QUINTA Legal Debt Margin Information Last Six Fiscal Years ( in dollars) Fiscal 2001 2002 2003 S 3,143,395,801 3,767,559,451 5,357,903,512 15% 15% 15% 471,509,370 565,133,918 803,685,527 TABLE 15 2005 2006 1 6,220,471,097 7,813,866,586 9,975,646,644 15% 15% 15% 933,070,665 1,172,079,989 1,496,346,997 Legal debt margin S 471,509,370 565,133,918 803,685,527 933,070,665 1,172,079,988 1,496,346,997 Total debt applicable to the limit as a percentage of debt limit 0.0% 0.0% 0.00/0 0.0% 0.00/0 0.0% 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 Finance Department based upon the Assessed valuation received from the County of Riverside Auditor Controllers Office I TABLE 16 ' CITY OF LA QUINTA Pledged -Revenue Coverage ' Last Fiscal Year (In Dollars) Tax Allocation Bonds - Project Area 1 Fiscal Year Ended Tax Less: Other Net Tax Debt Service June 30 Increment Debt Payments IncrementPrincipal Interest t Coverage' 2006 36,506,201 20,638,731 15,867,470 2,500,000 7,805,905 1.54 Tax Allocation Bonds - Project Area 2 Fiscal Year Ended Tax Less: Other Net Tax Debt Service June 30 Increment Debt Payments Increment' Principal Interest Coverage' 2006 19,849,893 17,325,411 2,524,482 100,000 319,168 6.02 2004 Local Agency Revenue Bonds Fiscal Year Ended Tax Less: Other Net Tax Debt Service June 30 Increment 3 Debt Payments Increment Principal Interest Coverage 2006 14,089,024 0 14,089,024 735,000 4,436,981 2.72 Local Agency Revenue Bonds (City Hall Project) Fiscal Year t Ended Lease Less: Other Net Lease Debt Service June 30 Revenue Z Debt Payments Revenue Principal Interest Coverage 2006 680,575 0 680,575 330,000 350,575 1.00 Note: Details regarding the city's outstanding debt can be found in the notes to the financial statements. Tax increment has been reduced by other debt payments, which may or may not be subordinated to Tax Allocation Bonds 2 Lease revenues consist of payments from the City General Fund, Civic Center Development Impact Fee Fund and the Redevelopment Agency Capital Projects Fund 3 Tax increment revenues from both Project Area 1 and Project Area 2 Low & Moderate Income Funds are used to pay the annual debt service payments. 1 161 City land (Sq Miles) Population Median Household Income (in dollars) Number of Dwelling Units Persons per Household Average Income per person per household Labor Force Employment Unemployment Rate Median age Sources: CITY OF LA QUINTA Demographic and Economic Statistics Last Calendar Year Calendar Year 2006 (3) 35.1 (i) 38,340 (4) $65,906 (3) 18,762 (3) 2.855 $23,084 (2) 14,500 (2) 14,100 (2) 2.76% (3) 36 i (1) State of California Department of Finance - January 1, 2006 (2) State of California Economic Development Department website June 2006 (3) City of La Quints Building & Safety and Community Development Departments (4) Desert Wheeler's Newsletter City Overview 05/06 R, i i; ;I 162 TABLE 17 TABLE 18 CITY OF LA QUINTA Principal Employers Current Year and Nine Years Ago 2006 1997' Percent of Percent of Number of Total Number of Total Employer Activity Employees Employment Employees Employment La Quinta Resort & Club Hotel & Golf Resort 1,600 11.35% 1,500 ' Wal-Mart Super Center Retail 800 5.67% 250 Rancho La Quinta Golf Resort 700 4.96% e PGA West Club Golf Resort 500 3.55% 1,100 Home Depot Retailer 240 1.70% - ' Imperial Irrigation District Public Utility 200 1.42% Lowe's Home Improvement Retailer 150 1.06% AlbertsonsI Grocery Store - 0.00% 126 Stater Brother's Grocery Store 150 1.06% ' Tradition Golf Club Golf Resort 100 0.71 % Ralph's Grocery Store 88 0.62% 100 Total employment listed 4,528 32.11% 3,076 Not Available ' Total City Employment - July 1 14,100 Not Available "Total Employment" as used above represents the total employment of all employers located ' within City limits with over 100 employees Source: Riverside County Economic Development Department and the City of La Quints Source: Riverside County Economic Development Department and the City of La Quinta ' I The Albertson Grocery Story was sold to Stater Brothers and is no longer located in the City 2 The total City employment and % applicable for 1997 was not available t 163 I CITY OF LA QUINTA TABLE 19 Full-time City Employees, by Function Last Two Fiscal Years Fiscal Year Fiscal Year Ending , Ending June 30 June 30 Function 2005 2006 Administration 8.00 9.00 City Clerk 5.00 5.00 Finance 8.00 9.00 Community services 8.00 10.25 O Building and Safety, 21.00 22.00 Community Development 9.06, 12.00 Public Works 23.50 26.25 Golf Course 0.50 0.50 Total 83.00 94.00 Source: City of La Quinta NOTE: The City of La Quinta contracts with the County of Riverside for Police Services and with the California Department of Forestry through a contract with the County of Riverside for Fire Services. In addition the City -owned Golf Course is operated by Landmark Golf. These positions have not been included as these positions are not City employees. i I 164 t CITY OF LA QUINTA Operating Indicators 1 by Function Last Fiscal Year 1 2006 Finance: Number of Active Business Licenses 6,821 Number of Active Animal Licenses 2,334 Number of Accounts Payable Checks Processed 4,696 Number of investment purchases 39 Par value of investments $327,417,000 Number of cleared checks 5,081 Number of outgoing bank wires 202 Public works: Encroachment permits issued 304 Request for services 618 Building & Safety: 1 Permits: Single family Detached 1,044 t Single family Attached Residential Pool 227 866 Wall/Fence 1,502 Other 1,607 Total Permits 5,246 Code Compliance: Animal Control Incidents Handled 1,901 Vehicle abatements Garage Sale Permits 909 1,190 Weed abatements 141 Nuisance abatements 1,611 Community Services: ' Library activities: Library Volume 42,050 Library books checked out Library Cards Issued 55,002 5,550 Number of School Children Visiting Library 745 Library Volunteer Hours 1,891 Senior Center: ' Number of visits 14,305 Senior Center Volunteer Hours 3,481 ' Recreation activities: Participants: Leisure Classes 1,373 Special events 4,668 Adult Sports 3,402 ' Golf course: Golf rounds played 38,934 Average $ Green fee 71.12 ' Community Development: Number of residential units approved 1,063 Commercial square footage approved 533,726 Source: City of La Quinta 165 TABLE 20 CITY OF LA QUINTA TABLE 21 Capital Asset Statistics by Function Last Fiscal Year Fiscal Year Ending June 30 2006 Public works: Streets (miles) 118.40 '. Bikepaths (miles) 9.70 Streetlights 73 '. Traffic signals 44 Traffic Signs 2,799 Bridges 12 Parks and recreation: Parks 12 '. Park Acreage 234 Senior Center 1 Library 1 ,; Golf Course: Municipal golf courses Source: City of La Quints i r` i 9 166 TABLE 22 CITY OF LA QUINTA Schedule of Insurance in Force June 30, 2006 Company Name Policy Number Coverage Limits Term Premium Hartford PEBAO7068 Employee Dishonesty, $1,000,000 12/03/05 - 06 $2,976 Forgery, Computer Fraud Lexington 111-5569 All Risk Property Insurance 40,900,000 07/01/06 - 07 39,428 Including Auto Physical Damage (Excluding Earthquake) Landmark Amer LHQ410782 Earthquake & Flood 7,500,000 02/07/06 - 07 53,135 Real & Personal Property Including Contingent Tax Interruption California Certificate #5 Comprehensive General $0 Deductible Retention 07/01/06 - 07 253,672 Joint Powers Liability $50 Million Insurance Authority California Certificate Joint Powers #5009-056 Insurance Authority Worker's Compensation 167 5,000,000 07/01/06 - 07 235,397 ti OF COUNCIL/RDA MEETING DATE: November 21, 2006 ITEM TITLE: Consideration of Appointment to the Coachella Valley Association of Government's Homeless Task Force RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 0z CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Appoint an elected official to serve on Coachella Valley Association of Government's (CVAG) Valley -wide Homeless Task Force. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: CVAG's Valley -wide Homeless Task Force was originally established as a subcommittee of the Human and Community Resources Committee. Council Member Osborne has been serving as the City's representative on both. The Valley -wide Homeless Task Force has now been made a standing committee instead of a subcommittee, and is planning to meet on December 6 at 10:30 a.m. Council Member Osborne cannot attend these meetings, and requested someone else be appointed. Council discussed the matter at its November 7, 2006 meeting, suggested perhaps a staff member could attend the meetings, and asked to consider the same at today's meeting. Staff was informed by CVAG that the new committee is a formal committee comprised of elected officials, as dictated by its by-laws. The appointees receive a per diem stipend for attending committee meetings. Therefore, appointing a staff member to attend the. meetings as a committee mpmhar is not nPrm,isgihlg FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint an elected official to serve on CVAG's Valley -wide Homeless Task Force; or 2. Do not appoint an elected official to serve on CVAG's Valley -wide Homeless Task Force; or 3. Provide staff with alternative direction. Respectfully submitted, �. � � t, � ✓ l-�r,��, �' � :- (, 1 � 1. � �, Terry Deeringer, Management Analyst Approved for submission by: Thomas P. Genovese, City Manager 2 O� �a \�� Q,�O • I t�UGk�cv w� OFT COUNCIL/RDA MEETING DATE: November 21, 2006 ITEM TITLE: Consideration of Correspondence from Eric Brownson, dated November 1, 2006, Regarding Naming of the Holiday Tree Lighting Ceremony RECOMMENDATION: Per Council's direction. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Staff received a letter from Eric Brownson, dated October 13, 2006 (Attachment 1) regarding the "Holiday Tree" lighting ceremony held each year by the City. Mr. Brownson inquired as to the City's use of the words "Holiday Tree" rather than "Christmas Tree." The City Attorney responded to Mr. Brownson's inquiry in a letter dated October 20, 2006 (Attachment 2), stating that the City is not legally prohibited from using the phrase "Christmas tree" in connection with the tree lighting event. She also added, however, that the Establishment Clause does not require the City to use the phrase "Christmas tree" when describing the tree it will light on December 8. In closing, the City Attorney stated that the City's Holiday Tree lighting ceremony "...is designed to celebrate the holiday season in a constitutionally permissible manner that is enjoyable by all of La Quinta's citizens, regardless of their religious beliefs or lack thereof." She further stated that "...The term 'holdiay' is meant to be an inclusive term, encompassing, not disparaging, Christmas." Mr. Brownson responded to the City Attorney's letter with a letter, dated November 1, 2006 (Attachment 3), requesting that the City Council reconsider the issue. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Change the name of the lighting ceremony to "Christmas Tree Lighting Ceremony;" or 2. Do not change the name of the lighting ceremony to "Christmas Tree Lighting Ceremony;" or 3. Provide staff with alternative direction. Respectfully submitted, Terry Deeri . ger, Managemerit Analyst Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Letter dated October 13, 2006 from Mr. Brownson 2. Letter dated October 20, 2006 from the City Attorney 3. Letter dated November 1, 2006 from Mr. Brownson 06 03:09p Eric Brownson 7607779945 ATTACHMENT 1 Eric J. Brownson 56385 Village Or. La Quinta, CA 92253 760 771-6887 VIA FACSIMILE 777-7101 October 13, 2006 The Honorable Donald Adolph, Mayor City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: "Holiday Tree" lighting ceremony, December 8 Dear Mr. Mayor, La Qu inia's City Report Fall 2006 mentions an event on Friday, December 8 called '-Holiday Tree Lighting Ceremony." I telephoned the Office of the City Manager after not receiving a response to my e-mail yesterday enquiring why the City uses the words "Holiday Tree" rather than "Christmas Tree: ' The response was that the City was legally prohibited from using the word "Christmas" because La Quiuta is a public agency. That answer has no legal merit. The United States Supreme Court discussed "Christmas Tree" m its ALLEGHENY COUNTY v. GREATER PTITSBURGH ACLU, 492 U.S. 573 (1989) decision. Justice Blackmun wrote, Its (a menorah that was at issue in the case) combined display with a Christmas tree and a sign saluting liberty does not impermissibly endorse both the Christian and Jewish faiths, but simply recognizes that both Christmas and Chanukah are part of the same winter -holiday season, which has attained a secular status in our society. The widely accepted view of the Christmas tree as the preeminent secular symbol of the Christmas season emphasizes this point' (My underline) Justice O'Connor wrote in the same case, 'The Christmas tree, whatever its origins, is widely viewed today as a secular symbol of the Christmas holiday." (My underlinc) The Justices made their point in unusually straightforward, unambiguous language: a Christmas tree is a "secular symbol." Since the use of "Christmas Tree" clearly does not violate the Establishment clause of the Constitution, I began to wonder what the City's motivation is in using the term. "Holiday Tree." Could there be an anti -religious bias ,,,. 3 06 03:10p Eric Brownson 7607779945 p,2 2 among City officials that they are trying to conceal by intentionally misstating the law in order to deflect criticism? Justice Kennedy said in Allegheny, --If government is to participate in its citizens' celebration of a holiday that contains both a secular and a religious component, enforced recognition of only the secular aspect would signify the callous indifference toward religious faith that our cases and traditions do not require; for by commemorating the holiday only as it is celebrated by nonadherents, the government would be refusing to acknowledge the plain fact, and the historical reality, that many of its citizens celebrate the religious aspects of the holiday as well." The Establishment clause not only prohibits government from promoting religion, it also prohibits government from taking an anti -religious position. As the Court further wrote, "Government policies of accommodation, acknowledgement, and support for religion are an accepted part of our political and cultural heritage, and the Establishment Clause permits government some latitude in recognizing the central role of religion in society. Any approach less sensitive to our heritage would border on latent hostility to religion, as it would require government in all its multifaceted roles to acknowledge only the secular, to the exclusion and so to the detriment of the religious." In the matter of the City's so-called `Holiday Tree," it appears at first glance that the City may have inadvertently let slip its anti -religious bias. What other explanation can there be when, in light of the US Supreme Court incontrovertible admowledgement of the secular status of the Christmas tree, the City uses an unsupportable argument to justify the use of "Holiday Tree"? If that, (pardon me) God forbid, is the case, a violation of the Establishment clause by the City may have occurred. I request a meeting with you, Mr. Mayor, along with the City Attorney and City Manager to discuss this timelly and significant matter. At the very least, I would like to be persuaded that the City does not harbor any anti -religious attitudes or motives and that the City acknowledges there is no legal restriction on the use of the words "Christmas Tree" I look forward to hearing from you and meeting with you at your earliest convenience. In the meantime, may I be among the fast this year to wish you and all of the City of La Quintals officials and staff Merry Christmas. Sincerely, Eric J. Brownson Cc: Thomas P. Genovese, City Manager Katherine Jenson, City Attorney ATTACHMENT 2 RUTAN M. Katherine Jenson Direct Dial: (714) 641-3413 ATTORNEYS AT LAW E-mail. kjenson(a)rutan.com October 20, 2006 Mr. Eric J. Brownson 56385 Village Drive La Quinta, CA 92253 Re: Tree Lighting Ceremony Dear Mr. Brownson: Thank you for your letter of October 13, 2006, regarding the City of La Quinta's December 8th tree lighting event. I am the City Attorney for the City of La Quinta. Because your letter involved legal issues, Mayor Don Adolph requested that I respond to your letter. While we appreciate your concern for the appropriate recognition of religious traditions, please be assured that the City harbors no "anti -religious" purpose in referring to its tree as a "Holiday tree" instead of a "Christmas tree." In planning these events, the City hopes to facilitate the celebrations of all people (religious or not) while staying within the boundaries of Establishment Clause jurisprudence. As religion is a serious and sensitive issue, I hope you find this response to be appropriate and its content to be helpful. First, under the current state of the law, La Quinta is not legally prohibited from using the phrase "Christmas tree" in connection with the tree lighting event. Supreme Court case law now treats a Christmas tree as an ameliorating factor which tends to downplay the religious significance of an otherwise religious -oriented display. See Allegheny v. American Civil Liberties Union, 492 U.S. 573, 617-18 (1989) (holding the presence of a Christmas tree indicates that the display of a menorah is secular). Because La Quinta's tree lighting display is already inherently secular - it includes Santa Claus and a gingerbread model of Old Town La Quinta - using the phrase "Christmas tree" would not violate the Establishment Clause. On the other hand, the Establishment Clause does not require La Quinta to use the phrase "Christmas tree" when describing the tree it will light on December 8th. Generally speaking, whether to decorate or light a tree, and how to refer to the decorated tree, is within the City's discretion. Some years ago, La Quinta decided to call the tree lighting ceremony a "Holiday Tree Lighting" instead of a "Christmas Tree Lighting." In the past, residents who do not celebrate Christmas had complained about the City's usage of the word "Christmas." As a preface to the discussion below, it is important to note that the people of La Quinta come from diverse religious backgrounds and that Supreme Court Establishment Clause law is a quagmire of different theories, tests, ideas, and opinions - none of which are wholly embraced by a clear Rutan & Tucker, LLP 1 611 Anton Blvd, Suite 1400, Costa Mesa, CA 92626 rs PO Box 1950, Costa Mesa, CA 92628-1950 1 714-641-5100 1 Fax 714-546-9035 119/015610-0002 Orange County I Palo Alto I www.rutan.com 756064.01 a1020/06 RUT�►N A I'YO RN E45 At LAW Mr. Eric J. Brownson October 20, 2006 Page 2 majority of the U.S. Supreme Court. Trying to please all of La Quinta's citizens and all the Supreme Court Justices is a difficult task. You cited the Allegheny case in your letter to Mayor Adolph. However, Allegheny is not as straightforward as your letter suggests. Allegheny consists of five separate opinions. No Justices joined the quote you cited from Justice O'Connor. Justices Rehnquist, White and Scalia joined the quotes you cited from Justice Kennedy, but the same quotes are flatly repudiated by the five other members of the Court. The final judgment in Allegheny was that a nativity scene placed on the Grand Staircase of the County Courthouse was unconstitutional, but the display of a Christmas tree and a menorah outside the City -County Building was constitutional. Based on the multiple opinions, it is clear that four Justices would have held all the displays constitutional (including the nativity scene) and three Justices would have held all the displays unconstitutional (including the Christmas tree). Overall, the five Allegheny opinions, like much of Establishment Clause jurisprudence, do not provide solid footing for a municipality to make decisions regarding potentially religious displays. The changes to the Supreme Court in the intervening years add further uncertainty to this issue. In addition to the City's desire to not alienate any of its residents, the murkiness and ever - changing nature of the law regarding the Establishment Clause is a valid justification for La Quinta's desire to steer clear from Establishment Clause boundaries. Consider these conflicting rulings: in van Orden v. Perry, 545 U.S. 677 (2005), the Court upheld a Ten Commandments monument on the lawn surrounding the Texas state capitol. However, in a decision handed down the same day, McCreary County v. American Civil Liberties Union, 545 U.S. 844 (2005), the Court struck down two Ten Commandments displays in Kentucky courthouses. Both cases had multiple opinions with contrasting legal theories, interpretations, and tests. In a similar contrast of holdings, Lynch v. Donnelly (1984) 465 U.S. 668, 692-693, upheld the display of a nativity scene, while five years later, the Court in Allegheny found the nativity scene unconstitutional. Additionally, while the menorah in Allegheny was constitutional, the menorah in the Ninth Circuit case American Jewish Congress v. City of Beverly Hills, 90 F.3d 379 (1996) was found to be unconstitutional. Various Justices of the Court at various times apply different tests (e.g., the Lemon test, the neutrality test, the endorsement test, the coercion test) and arrive at different results. Case results have depended on whether the property is public, whether the expense is public, the character of the surroundings, the purpose of the display, the history of the display, and the Free Speech implications of the display. Given the multitude of factors as well as the varying opinions of the public, La Quinta does its best to steer clear of the debate. Cities have spent a multitude of tax dollars on Establishment Clause litigation. La Quinta does not wish to be among those cities. 119/015610-0002 756064.01 a10120106 RUTA4N %TTOR.N EY5 dr LAw ' Mr. Eric J. Hrownson October 20, 2006 Page 3 In closing, the City does not harbor any "anti -religious" bias. To the contrary, its tree lighting ceremony is designed to celebrate the holiday season in a constitutionally permissible manner that is enjoyable by all of La Quinta's citizens, regardless of their religious beliefs or lack thereof. Christians who attend the event may certainly wish each other a Merry Christmas. The mayor routinely says "Merry Christmas" when lighting the tree. He expresses his personal holiday preference without forcing that preference on the City's entire celebration. For the Mayor, and presumably for you, it is a Christmas tree lighting ceremony. For non-Christians in La Quinta, the celebration may take on a different meaning. The term "holiday" is meant to be an inclusive term, encompassing, not disparaging, Christmas. Very truly yours, RUTAN & TUCKER, LLP IM.h6erine Jenson City Attorney, City of La Quinta MKJ:lr cc: The Honorable Mayor and Members of the City Council, City of La Quinta Thomas P. Genovese, City Manager 119/015610-0002� 756064 01 a10/20/06 i OG 04:07p Edo Brownson 7607779945 p•1 ATTACHMENT 3 Eric J. Brownson 56385 Village Dr. La Quinta, CA 92253 760 771-6887 VIA FACSIMILE 777-7101 November 1, 2006 The Honorable Donald Adolph, Mayor City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: Tree Lighting Ceremony letter from City Attorney Dear Mayor Adolph I just received the City Attorneys October 20 response to my letter of October 13 regarding La Quinta's "Holiday Tree Lighting Ceremony" on December 8. I was certainly pleased to read that the City of La Quinta agrees with me that there is no legal prohibition against the City's use of the term "Christmas Tree" as an alternative to "holiday tree " There is an apparent difference of opinion, however, between the City Attorney and the Office of the City Manager on this matter. I spoke with two individuals in the Office of the City Manager on October 13 and asked them why the City is using the term `holiday tree" rather than "Christmas Tree." They both told me that the City is `legally prohibited" from using "Christmas" because the City is a "public entity:' I called the Office of the City Manager again on October 24 to reconfirm the City's position. I was told the same thing - the Of of the City Manager's "understanding" is that the City is "legally prohibited" from using "Christmas:' The City of La Quinta has decided to use "holiday" vs. "Christmas" for political rather than legal reasons. Perhaps it would be better for the City to be straightforward with residents who inquire about the City's rationale for using the term "holiday trce" rather than to offer a seemingly plausible, but actually incorrect explanation. The City Attorney mentions things like "inclusive," "encompassing," and "not disparaging." Christmas clearly epitomizes all of those and more: • Christmas is are integral part of America's history, tradition, culture and economy. • Christmas has been recognized as a National Holiday since 1870. • 96% of Americans, according to a recent Gallup Poll, celebrate Christmas_ Can you think of anything else that unites Americans so closely and is more inclusive? )1 W 04:08p Eric Brownson 7607779945 p.2 The Honorable Donald Adolph November 1, 2006 Page 2 • The White House celebrates a "Christmas Tree Lighting Ceremony" every year. • The Govemor of California reinstated a "Christmas Tree Lighting Ceremony." • The U.S. Supreme Court has its own "Christmas Tree.' • U.S. Supreme Court Justice Harry Blackmun wrote that the Christmas Tree is "the preeminent secular symbol of the Christmas season." Please note that he didn't write "holiday season." • In December, 2005 The U.S. House of Representatives approved House Resolution 579 by a vote of 401 to 22. The Resolution: "l . Recognizes the importance of symbols and traditions of Christmas; 2. Strongly disapproves of attempts to ban references to Christmas; and, 3. Expresses support for the use of these symbols and traditions." The City Attorney wrote, "tile City's desire is not to alienate any of its residents." Unfortunately, the City has now alienated many of us by using the meaningless term "holiday tree" and by refusing to appropriately acknowledge the "Christmas Tree" as the "preeminent" symbol of the "Christmas season." Thank you for asking the City Attorney to address and clarify the City's position. I now respectfully request that you, together with the City Council, reconsider this entire issue and agree to celebrate Christmas in a manner that is truly enjoyable for the residents and consistent with the long-standing traditions of one of the most important National Holidays of our Country. Sincerely, �1 Eric J. Brownson Cc: Members of the City Council Thomas. P. Genovese, City Manager M. Katherine Jenson, City Attorney REPORT/INFORMATIONAL ITEM: ALP. COMMUNITY SERVICES COMMISSION MINUTES October 9, 2006 CALL TO ORDER A regular meeting of the Community Services commission was called to order at 7:04 p.m. in the La Quinta City Hall Study Session Room. Commissioner Mark Weber presided over the meeting and Commissioner Leidner led the Pledge of ADIegiance. MEMBERS PRESENT MEMBERS ABSENT: Chairperson Mark Weber Vice -Chairperson Robert F. Sylk Commissioner Bob Leidner Commissioner Andrea Gassman Commissioner E. Howard Long STAFF PRESENT: Edie Hylton, Community Services Director Steve Howlett, Golf & Parks Manager Christina Calderon, Recreation Supervisor Angela Guereque, Community Services Secretary GUESTS PRESENT: Jim Foote, Monument Manager, Bureau of Land Management PUBLIC COMMENT None. CONFIRMATION OF: AGENDA Chairperson Weber noticed in the City Council Minutes the City Council referred a couple of things to the Community Services Grant Program. Director Hylton explained that the Community Services Grants are open to local nonprofits. After review by the Community Services Department, these applications are then approved by the City Council twice a year. City Council has asked staff to look into changing the grant process before the next budget year. Motion - It was moved by Vice -Chairperson Sylk and seconded by Commissioner Leidner to confirm the agenda. Motion carried unanimously. ,C, --fr-un�ty Sno,iices Ccm;mss<<,r:',/3ifilitra PRESENTATIONS Jim Foote, Monument Manager, Bureau of Land Management (BLM), gave a presentation on the history of the Santa Rosa and San Jacinto Mountains National Monument. Established in 2000, the National Monument is comprised of the BLM and US Forest Service lands. The legacy of the monument goes back thousands of years with the Native Americans. -1893 the San Bernardino Forest Reserve was established to preserve some public use of the important resources. -1897 the San Jacinto Forest Reserve was established. -1927 the San Bernardino National Forest was established, which is one of the co - managers of the National Monument through the BLM. -1928 the San Jacinto State Park Association was established. -1946 the BLM was established with an unknown mission. -1960 the State established 3 ecological reserves. -1964 the San Jacinto Wilderness and the Wilderness Act (Federal Legislation) was established. -1976 the BLM got its Organic Act, which is called the Federal Land Policy and Management Act signed by Gerald Ford. The BLM is under the Department of Interior. The National Monument is within the California Desert Conservation Area. -1984 additional land was added to the San Jacinto Wilderness and also established the Santa Rosa Wilderness. -1990 the Santa Rosa National Scenic Area was established. -1994 the California Desert Protection Act was established. -2000 the National Monument was established by Act of Congress. In the early 2000's the BLM's National Landscape Conservation System was established in recognition of all the BLM special areas. On October 9, 2006, Congresswoman Mary Bono announced a proposed legislation that will expand the National Monument by a few thousand acres, one small area in the Palm Springs Area by Interstate 10 just west of Hwy 1 1 1, and the Santa Rosa expansion. The National Monument Advisory Committee meets quarterly with representatives from various cities, state parks, conservation organizations, and the BIA. La Quinta Trails Days which is a collaboration of the National Monument with the City kicking off the 25`h Anniversary. Commissioner Gassman asked how residents can find out about events. Mr. Foote stated that the BLM has articles in Palm Springs Life, the local newspaper, press releases, and from the Friends of the Desert Mountains. Commissioner Gassman suggested that more signs along the trail and maps be placed for safety. Mr. Foote explained that some signs have been installed to welcome people. South of La Quinta Cove you are almost immediately into designated wilderness and one of the wilderness concerns is signing. The BLM does not do signage in designated wilderness areas, but they are looking into 'rw 13 �, C Vic,^ ��, 'Ti;1ii :iIrn1 orY�n� i ut; �� a placing different kinds of trail notification such as using rocks, etc. The map available for trails is one produced in 1995 with the Coachella Valley Trails Council. The BLM is meeting with the Aqua Caliente Tribe who has GIS capability to look to produce the National Monument Trails Map. Vice -Chairperson Sylk asked if there are any additions that have taken place since the printing of the map from 5 years ago. Mr. Foote explained that there have been no boundary modifications since 2000. Commissioner Gassman suggested Hike Rallies be done. Mr. Foote stated that the BLM has been working with the Coachella Valley Hiking Club and Desert Trails Hiking Club which both sponsor lots of hikes. Commissioner Leidner stated that a majority of La Quinta residents are not aware of the National Monument. Mr. Foote stated that the Trails Days should help the citizens acknowledge that there is a monument in La Quinta. Commissioner Leidner suggested that the City work with the BLM for more scheduled events during the 25th Anniversary. Director Hylton stated that the Trails Days was planned because it is the 6th Anniversary of the National Monument as well as the 25th Anniversary. Mr. Foote stated that he would like to see the cities sponsor events and bring the BLM into them. Chairperson Weber stated that there is now a Coachella Valley Community Trails Alliance nonprofit group that is trying to bring trails together throughout the Coachella Valley. Jim Foote can be contacted at (760) 251-4836 or by email at james foote@ca.blm.gov. APPROVAL OF MINUTES 1. Approval of September 11, 2006 Minutes 2. Approval of September 30, 2006 Minutes Vice -Chairperson Sylk suggested that the sidewalk direction be changed around the mosaics at Fritz Burns Park and the Civic Center Campus so that bike and pedestrian traffic might be diverted from the mosaics. Director Hylton stated that it is currently the sidewalk access through the park. The repairs will be made to the current tiles through the maintenance schedule. Chairperson Weber suggested that on Page 2 of the September 30, 2006 minutes; reflect how quickly Golf & Parks Manger Howlett addressed the vandalism found during our tour with a phone call to Public Works. Vice -Chairperson Sylk stated the trash receptacle doors need repainting and should be noted as such in the September 30, 2006 minutes. Motion — It was moved by Vice -Chairperson Sylk and seconded by Commissioner Gassman to approve the minutes as corrected. Motion carried unanimously. CONSENT CALENDAR 1. Monthly Department Report for August 2006. Commissioner Gassman stated that the Senior Center increase in revenue is impressive. Chairperson Weber asked about the rental areas of the Library. Director Hylton stated that the large room of the Library is being rented extensively. Within the next year, the large room that is used for rentals may be considered for Library expansion. The library is making approximately 500 cards a month with a circulation level of 5,000 — 8,000 books monthly. Commissioner Leidner questioned the price of the Fitness Cards. Director Hylton stated that the Fitness Card is $10 per year for residents and $25 per year for non- residents. The Fitness Center has extended its hours to include Saturday's from 8:00 a.m. to 1:00 p.m. Motion — It was moved by Commissioner Gassman and seconded by Commissioner Leidner to approve the monthly department report. Motion carried unanimously. PUBLIC HEARING None. BUSINESS ITEMS 1. Program Ideas for 2007 Director Hylton explained that staff is asking for program ideas to enhance our Activities Guide for 2007. Commission Gassman suggested adding some of the following excursions: San Diego Charger and Padre games; Getty Museum; Huntington Museum; Pageant of the Masters; Beach Trips; Griffith Park Observatory; Descanso Gardens; Disneyland, Shopping Trips; and the San Diego Zoo. Vice -Chairperson Sylk suggested adding overnight excursions to the Grand Canyon and train rides. Commissioner Leidner suggested an overnight excursion to Catalina and a 4-day excursion to golf. Chairperson Weber suggested adding skating events and classes and working with local skate shops. Motion — It was moved by Commissioner Gassman to provide the recommendations for possible new excursions for 2007. Seconded by Vice - Chairperson Sylk. Motion carried unanimously. �_,(IITI(11U11l, :�C� •�J{t'(',�� l'�.�711i11SS1(�i1 I.��il�lz� ;,t,�. <i;fi',hPi I 1 CORRESPONDENCE: AND WRITTEN MATERIALS 1. Calendar of Monthly Events Chairperson Weber will try to attend the Teen Dance on October 13, 2006, Director Hylton noted a change that the 3 on 3 Basketball Tournament will be moved to November 2006. Chairperson Weber questioned where Trails Days is going to be held at. Director Hylton stated the events will be at the Cove Oasis. 2. Information on APP Maintenance Golf & Parks Manager Howlett stated the Art in Public Places is underway with work being completed on the Spirit of La Quinta and Mosaic tiles at Fritz Burns Park. Commissioner Gassman asked about the relocation of the Eagles at Lowe's. Golf & Parks Manager Howlett stated that currently the Eagle's are located in a fountain in front of Lowe's Hardware, which used to be Eagle Hardware. Director Hylton stated that staff will put together the potential relocation as a Business Item at a future meeting for consideration. Commissioner Leidner asked about a community activity to tour the Art in Public Places. Staff if working on getting a comprehensive list of the Civic Center Art Purchases and the Art in Public Places and then schedule an Art Tour for the Commission. 3. Minutes from 251h Anniversary and Media Plan Commissioner Leidner stated that the participation of Mery Griffin will help bring in a little bit of celebrity participation. Commissioner Gassman would like to make sure that the Historical Society's Anniversary and the La Quinta Arts Foundation Anniversary are also noted. Each of these organizations will be planning Gala events and we should show support. 4. Focus Group Letter and Postcard Commissioner Gassman will be at the October 181h 6:00 pm Focus Group. Director Hylton stated that the Commissioner's will be shown the focus group data at the combined Commissioners Meeting on Friday, October 20, 2006. Commissioner Leidner asked if the surveys had gone out. Director Hylton stated that after a few minor changes the surveys are now going out. COMMISSIONER ITEMS 1. Reports from Commissioners Regarding Meetings Attended. 4 of the 5 Commissioner's attended the Ethics class. Commissioner Long was out of town for the class. 0 XI. ADJOURNMENT It was moved by Commissioner Gassman and seconded by Vice -Chairperson Sylk to adjourn the Community Services Commission meeting at 8:35 p.m. Motion carried unanimously. NEXT MEETING INFORMATION: Regular Meeting of the Community Services Commission to be held on November 13, 2006 commencing at 7:00 p.m. in the La Quinta Civic Center Session Room, 78-495 Calle Tampico, CA 92253. Submitted by: Angela Guereque Community Services Secretary REPORT/INFORMATIONAL ITEM: c2 INVESTMENT ADVISORY BOARD Meeting October 11, 2006 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Chairperson Deniel, followed by the Pledge of Allegiance. PRESENT: Board Members Moulin, Deniel, Olander, and Rassi ABSENT: Board Member Egbert OTHERS PRESENT: John Falconer, Finance Director, and Vianka Orrantia, Secretary II PUBLIC COMMENTS — Rob Schein and Rick Blanke of Morgan Stanley Mr. Schein and Mr. Blanke advised the Board of the services Morgan Stanley could offer the City in reference to the portfolio, either in a consulting capacity, management capacity or both, if and when the City decides to hire a portfolio manager. Chairperson Deniel advised Mr. Schein and Mr. Blanke that at this time, the structure of the portfolio to be managed has not been decided, nor has an agreement to hire a portfolio manager within the Board or the City Council has been made. In response to Board Member Rassi, Mr. Schein advised that one of Morgan Stanley's current clients in the valley is the City of Coachella. General discussion ensued amongst the Board in regards to Mr. Schein and Mr. Blanke, and how Morgan Stanley compared to previous firms presented to the Board. Mr. Falconer advised that Morgan Stanley is currently one of the City's broker/dealers out of the San Rafael office, and could not see them fulfilling the role of a broker/dealer at this time. III CONFIRMATION OF AGENDA — (This is the time set aside for public comment on any matter not scheduled on the agenda.) Chairperson Deniel asked to discuss Board Member Egbert's current situation under board member items. IV CONSENT CALENDAR A. Approval of Minutes of Meeting on September 13, 2006 for the Investment Advisory Board. Investment Advisory Board Minutes V October 11, 2006 MOTION - It was moved by Board Members Olander/Moulin to approve the minutes of September 13, 2006. Motion carried unanimously. BUSINESS SESSION A. Transmittal of Treasury Report for August 2006 Mr. Falconer reiterated to the Board the difficulty he has had in obtaining Farm Credit paper. The Farm Credit he has been able to obtain has been short-term issues. The report reflects the City's bond debt service payment .which was due at the end of August; the approximate amount paid was $10.8 million. The LAIF balances currently reflect a draw down, which is the lowest it has been in the past couple of years. Mr. Falconer advised the Board that the portfolio performance has finally met its benchmark; this is a comparison to the six month treasury at 4.97%. The benchmark is expected to be exceeded within the next couple of months due to a drop in the six month treasury. He also advised that due to the drop in the yield curve, he might extend the average maturity out further. In response to Board Member Moulin, Mr. Falconer advised that the indicator for the declining yields were in several publications he had read and it may be advised to invest in longer maturing investments. MOTION - It was moved by Board Members Olander/Moulin to approve, receive and file the Treasury Report for August 2006. Motion carried unanimously. B. Continued Consideration of the Fiscal Year 2006/07 Work Plan — Review of Investment Policy It was agreed by the Board to retain the current buy and hold restriction in the policy. In response to Board Member Olander, Mr. Falconer advised the Board that based on the current yields; it would not be feasible to extend the two year restriction to three years. Chairperson Deniel stated that the Board will advise Council, at the joint meeting, that the Board is discussing the possibility of allowing a longer maturity on a portion of the portfolio. Investment Advisory Board Minutes October 11, 2006 Falconer stated that the City Manager or City Clerk could also receive a resignation letter. Chairperson Deniel stated that she felt that if a resignation is submitted, it should be addressed to the Investment Advisory Board. It was the consensus of the Board to allow Board Member Egbert to continue with his term if he is able to attend the scheduled monthly meetings. If Board Member Egbert is unable commit to the monthly meetings as scheduled, then the Board will accept his resignation. Chairperson Deniel will follow up with Board Member Egbert and report back to the board at the November meeting. VIII Adjournment MOTION - It was moved by Board Members Moulin/Olander to adjourn the meeting at 6:40 p.m. Motion carried unanimously. bmitted Vianka Orrantia, Secretary 4 Investment Advisory Board Minutes October 11, 2006 General discussion was ensued by the Board regarding the investing of GSE's and their current market status. Mr. Falconer advised that Staffs preference for GSE's in lieu of the current dollar limitation would be percentages, due to the flexibility they give towards investments as the portfolio size changes. It was agreed upon by the Board to continue discussions of GSE's at the November board meeting. MOTION - It was moved by Board Members Moulin/Olander to continue the discussion of the 2006/07 Investment Policy to the November meeting. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — September 2006 Noted and Filed B.. Pooled Money Investment Board Reports — July 2006 General comments were made by the Board in regards to the July PMIA report. In response to Board Member Moulin, Mr. Falconer advised that the RFP for auditors is forthcoming. The City's current auditors have been scheduled for a presentation at the end of November with the City Council and a presentation with the Board will be scheduled in the future. Noted and Filed VII BOARD MEMBER ITEMS Chairperson Deniel advised that Board Member Egbert is currently working out of state, which has attributed to his most recent absences from the past few board meetings. Chairperson Deniel conveyed Board Member Egbert's commitment to the Investment Board and his willingness to continue to serve on the Board. In response to Chairperson Deniel, Mr. Falconer advised that if a resignation is to be made, he would recommend that the Mayor receive the resignation letter, due to the fact that this is an appointed seat. In response to Chairperson Deniel, Mr. 3 a REPORT/INFORMATIONAL ITEM: MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Special meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 18, 2006 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:07 a.m. by Principal Planner Stan Sawa. B. Committee Members present: Frank Christopher and Tracy Smith. It was moved and seconded by Committee Members Christopher/Smith to excuse Committee Member Bobbitt. Unanimously approved C. Staff present: Planning Manager Les Johnson, Principal Planner Stan Sawa and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. Ill. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. It was moved and seconded by Committee Members Bobbitt/Smith to approve the Minutes of September 20, 2006 as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Site Development Permit 2006-876; a request of Trans West Housing for consideration of landscaping for typical residential units in Griffin Ranch located south of Avenue 54, east of Madison Street, north of Greg Norman Course, and west of Monroe Street. 1. Associate Planner Andy Mogensen presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Marty Butler and Jerry Herman of Trans West Housing, and landscape architect Chuck Shephard who gave a presentation on the project. 2. Committee Member Christopher explained the City's reasoning for wanting to see less turf. Mr. Shephard stated their reasons r,-k1A/Pnnrq%A1 Pr\1n_1R_nR nnr Architecture and Landscaping Review Committee October 18, 2006 for the landscape designs they were presenting were to retain control on the streetscape. They will have turf -less front yards. 3. Committee Member Smith asked if they could have a complete turf backyard. Ms. Butler stated they will have to submit any rear landscaping plans as well to the architectural review board. 4. There being no further questions, it was moved and seconded by Committee Members Smith/Christopher to adopt Minute Motion 2006-031 recommending approval of Site Development Permit 2006-876, as recommended with the deletion of Condition No. 1. Unanimously approved. B. Site Development Permit 2006-872; a request of Trans West Housing for consideration of landscaping plans for a proposed Clubhouse in Griffin Ranch located south of Avenue 54, east of Madison Street, north of Greg Norman Course, and west of Monroe Street. 1. Associate Planner Andy Mogensen presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Marty Butler and Jerry Herman of Trans West Housing, Chuck Shephard landscape architect and Phillip Pekarek architect. Mr. Herman asked for the flexibility of concrete roof tiles with the variety of colors. The custom homes will have more clay and will be boosted. 2. Committee Member Christopher stated it is one of the best architecturally designed buildings and has no objections. Mr. Pekarek stated they have used the concrete the on most buildings they are currently building due to the maintenance problem they have with the clay breaking. Committee Member Christopher asked where the accent clay tile would be used. Mr. Pekarek indicated the location on the site plan. 3. There being no further questions, it was moved and seconded by Committee Members Christopher/Smith to adopt Minute Motion 2006-032 recommending approval of Site Development Permit 2006-876, as recommended but allowing the applicant the six color mix with concrete tile, as used in the residential development. Unanimously approved. r-%%A/annrc%ei ar%1n_1Q_na nnr 2 Architecture and Landscaping Review Committee October 18, 2006 C. Site Development Permit 2006-870; a request of Craftsmen Homes for consideration of architectural and landscaping plans for three prototypical residential plans for use in Tract 32751 located on the south side of Pomelo and west of Jefferson Street in The Citrus. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Scott Shaddix of Craftsman Homes, Keven Latel architect for the project, and Ron Gregory landscape architect. 2. Committee Member Christopher asked if the non -turf option was removed because the HOA would not allow it. Mr. Shaddix stated they approached the HOA and took it to CVWD for approval to keep the turf. Committee Member Christopher asked the reasoning behind the wall requirement. Staff stated there was originally a tunnel that crossed over to the east side of Jefferson Street. It is now closed and a popout wall was allowed at that time. Staff determined the wall should be straight with a 20 foot setback. It is now the consensus of everyone that the wall should be straightened out. Planning Manager Les Johnson clarified it is to allow the 20 foot setback. Mr. Shaddix stated this is part of the retention area for the entire community. The purpose of maintaining the wall as it is, is to allow the volume they need. 3. Committee Member Smith asked why we changed our retention basins from grass to decomposed granite (DG). They are now becoming contaminated retention basins. Staff stated we have seen turf and no turf submitted and it is a maintenance issue with either grass or DG. The City's position has been on the side of irrigation. Committee Member Smith asked if it will be used for any type of recreational uses. Mr. Shaddix stated it will be an open space, but not open to the public. Staff noted it is fenced off and gated. Mr. Gregory stated that in regard to maintenance, they will look into some means to make it easier to maintain. Committee Member Smith noted that grass is the easiest method. 4. Committee Member Christopher agreed with the design of the house plans. r. M1Pnnrc\ni Pr�in_iR_na nnr 3 Architecture and Landscaping Review Committee October 18, 2006 5. There being no further questions, it was moved and seconded by Committee Members Christopher/Smith to adopt Minute Motion 2006-033 recommending approval of Site Development Permit 2006-870, as recommended. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: None VIII. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Smith/Bobbitt to adjourn this Special Meeting of the Architectural and Landscaping Review Committee to a Regular Meeting to be held on November 1, 2006. This meeting was adjourned at 10:44 a.m. on October 18, 2006. Respectfully submitted, BETTY J. SAWYER Executive Secretary r-%1A/cnnrc\ni ar\in_ia_na nnr 4 REPORT/INFORMATIONAL ITEM: o1�3 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 10, 2006 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Quill who asked Commissioner Alderson to lead the flag salute. B. Present: Commissioners Ed Alderson, Katie Barrows, Rick Daniels, Jim Engle and Chairman Paul Quill. C. Staff present: Community Development Director Doug Evans, Planning Manager Les Johnson, Development Services Principal Engineer Ed Wimmer, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT ITEMS: A. Staff requested the minutes of September 26, 2006, be removed from the agenda as they were not distributed to the Commission in time for approval. It was moved and seconded by Commissioners Daniels/Alderson to continue approval of the minutes to October 24, 2006. Unanimously approved. V. PUBLIC HEARINGS: None. A. Sign Application 2006-1015; a request of Prest/Vuksic Architects for consideration of a Sign Program to serve Caleo Bay, for the property located on the west side of Caleo Bay, north of Avenue 48. 1. Chairman Quill opened the public hearing and asked for the staff report. Staff informed the Commission a request to continue the project had been received by the applicant. r.•\U/Pnnrc\or 14— Planning Commission Minutes October 10, 2006 2. There being no discussion, it was moved and seconded by Commissioner Daniels/Engle to continue the project to October 24, 2006, as requested by the applicant. Unanimously approved. B. Specific Plan 99-035, Amendment #1; a request of East of Madison, LLC for consideration of landscaping and wall plans for the Madison Street perimeter of The Madison Club, for the property located on the east side of Madison Street between Avenue 52 and Avenue 54. 1. Chairman Quill opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Quill asked if there were any questions of staff. Commissioner Daniels asked if there was an entrance off Madison Street. Staff stated they did not believe so, but the applicant would need to answer that question. 3. Commissioner Barrows asked where the water conservation sheet was located as it was noted, but not included in her packet. She also questioned the use of white fountain grass as there was a potential species that was invasive and she would like it to be stricken from the list. Community Development Director stated staff would make an inspection to ensure the white fountain grass was not used. 4. Commissioner Alderson asked if the multi -purpose trail was included. Staff stated it was. 5. Chairman Quill asked what type of fencing material was proposed. Staff stated it will be what the City requires. Chairman Quill noted there were several shrubs noted on the planting sheet, but the locations are not identified. The legend does not reflect what is on the planting plan. 6. Commissioner Daniels asked if anyone has read the general provisions because on the ones given to the Commission are too small to read. Staff stated they are standard provisions. 7. There being no further questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. John Gamlin, representing East of Madison, gave a presentation on the r r Planning Commission Minutes October 10, 2006 project and stated they concurred with staff's recommendation and the conditions. In regard to the wall it will be located below the top of the berm as required. They have no problem to adhering to the City's standard in regard to the material. They would like to upgrade the material to use wood and not pvc. There will be no vehicular access off of Madison Street except for emergency access. In regard to the fountain grass they are wiling to use a different material. Concerning the discrepancy between the legend and the palette he is unable to answer their question. 8. Commissioner Daniels asked if the plant palette would be similar on both sides of Madison Street. Mr. Gamlin stated there will be some differences. 9. Commissioner Barrows questioned whether there was a theme to the plant materials. Mr. Gamlin stated characteristically the planting is very flowing and carefully conceived. Without looking at the full scale it is hard to see this. Planning Manager Les Johnson stated his concurrence. 10. Chairman Quill questioned whether or not the wall would meander. It is at the same relation to the curb for the first section. There appears to be very little movement in the first 20 feet. Mr. Gamlin stated that was correct, but it would be meandering. Chairman Quill stated he would recommend they use the concrete split rail fencing material similar to what was being used on the Griffin Punch project. Mr. Gamlin agreed. Chairman Quill stated that along Avenue 54 the header boards are failing. He suggested a concrete header or something that would hold up be used. Mr. Gamlin stated the Public Works Department has changed their standard to address this issue. Chairman Quill asked if they would even consider using a wall that could be seen through. Madison Street is developing a very claustrophobic feeling because of the berm itself. Mr. Gamlin stated that if they were to use concrete and wrought iron they would want to use vines on the wrought iron. The desire of the property owners is to have the seclusion to not be seen. Chairman Quill asked about the wall treatment. Mr. Gamlin explained the articulation and where it would be located. 11. There being no further public comment, the public participation portion of the public hearing was closed and open for Commission discussion. Planning Commission Minutes October 10, 2006 12. Commissioner Daniels stated he has no problem with the deletion of the purple fountain grass. 13. Commissioner Alderson stated he too believes it will be a beautiful development. 14. Commissioner Barrows stated she appreciates the applicant's cooperation to work with staff to resolve a lot of the Commission's issues. She does believe the landscaping lacks a theme and she has a concern about the amount of planting material and the view corridors. 15. Chairman Quill stated he too believes the planting is an over -kill. As he drives Madison Street south there are places where you cannot even see the mountains due to the berms. He believes it was a mistake to allow the berms and does not believe it makes for a good community from the outside. He would agree with the upgraded fencing material for the multi -purpose trail fence. 16. There being no further discussion, it was moved and seconded by Commissioner Alderson/Engle to adopt Minute Motion 2006-025 approving Specific Plan 99-035, Amendment #1, as recommended and amended: a. Condition added: Equestrian fencing shall be of a concrete material to the satisfaction of the City. b. Condition added: All mow strips shall be concrete. C. Condition added: No white (reseeding) fountain grass shall be used Motioned carried with Commissioner Barrows voting No. C. Right -of -Way Vacation 2006-015; a request of Nispero Properties, Inc. for a report of finding under California Government Code Section 65402 that the proposed right-of-way vacation of a 6,682 square foot portion of Calle Barcelona is consistent with the General Plan. 1. Chairman Quill opened the public hearing and asked for the staff report. Development Services Principal Engineer Ed Wimmer presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Planning Commission Minutes October 10, 2006 2. Chairman Quill asked if there were any questions of staff. Commissioner Engle asked the purpose of the vacation. Staff stated Nispero Properties is going to include the land into the development they are proposing. 3. Commissioner Daniels asked if there was anything on the adjoining properties. Staff stated Palmers Restaurant was adjoining this site. 4. There being no further questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. Ralph Capitz, representing the applicant, stated he was in favor of staff's recommendation 5. There being no further public comment, the public participation portion of the public hearing was closed and open for Commission discussion. 6. There being no further discussion, it was moved and seconded by Commissioner Alderson/Engle to adopt Planning Commission Resolution 2006-036 approving Right -of -Way Vacation 2006-015, as recommended. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Engle, and Chairman Quill. NOES: None. ABSENT: None. ABSTAIN: None. BUSINESS ITEM: None Vill. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Staff informed the Commission of the Joint Meeting with the City Council on October 24, 2006. Commissioner Barrows asked if there were any items identified for discussion. Staff stated the Sphere of Influence -Vista Santa Rosa area, landscaping issues, and Village Design Guidelines. B. Staff informed the Commission regarding the Riverside County meeting on October 12th on the Sphere of Influence -Vista Santa Rosa as well as Avenue 62. Planning Commission Minutes October 10, 2006 C. Community Development Director Doug Evans reminded the Commission of the Parks and Recreation Master Plan Focus Group meeting scheduled for October 20, 2006 at 12:00 noon. D. Review of City Council meeting of October 3, 2006. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Alderson to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on October 24, 2006. This meeting of the Planning Commission was adjourned at 7:58 p.m. on October 10, 2006. Respectfully submitted, Betty J. Sawyer; Executive Secretary City of-ta Quinta, California MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 24, 2006 7:00 P.M. CALL TO ORDER A. This meeting of the Planning Commission was reconvened at 7:00 p.m. by Chairman Quill who asked Commissioner Engle to lead the flag salute. B. Present: Commissioners Ed Alderson, Katie Barrows, Jim Engle and Chairman Paul Quill. It was moved and seconded by Commissioners Barrows/Alderson to excuse Commissioner Daniels. C. Staff present: Community Development Director Doug Evans, Development Services Principal Engineer Ed Wimmer, Assistant Planners Jay Wuu and Eric Ceja, Planning Consultant Nicole Criste, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT ITEMS: A. Chairman Quill asked if there were any corrections to the minutes of September 26, 2006. It was moved and seconded by Commissioners Alderson/Engle to approve the minutes as submitted. Unanimously approved. B. Chairman Quill asked if there were any corrections to the minutes of October 10, 2006. It was moved and seconded by Commissioners Alderson/Engle to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: None. A. Sign Application 2006-1015; a request of Prest/Vuksic Architects for consideration of a Sign Program to serve Caleo Bay, for the property located on the west side of Caleo Bay, north of Avenue 48. 1. Chairman Quill opened the public hearing and asked for the staff report. Staff informed the Commission a request to continue the w project had been received by the applicant. r•\%A/pnnrS\pr Mi—toc\9nnR\1n_9a_nR in, Planning Commission Minutes October 24, 2006 2. There being no discussion, it was moved and seconded by Commissioner Barrows/Alderson to continue the project to November 14, 2006, as requested by the applicant. Unanimously approved. B. Sign Application 2006-1022; a request of Travis Design Group for consideration of a Sign Program for permanent business identification signage for La Quinta Medical Center located at 47-647 Caleo Bay Drive, east of Washington Street, north of Avenue 48, south of Lake La Quinta Drive. 1. Chairman Quill opened the public hearing and asked for the staff report. Assistant Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Quill asked if there were any questions of staff. Commissioner Alderson asked why staff did not want signage on the east side. Staff stated it was due to the residents on the east side. 3. There being no further questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. Travis, representing the applicant, gave a presentation on the project. He had a concern that if the signs were installed on the first floor they would be blocked by the trees and the lighting would be so low it will be hard to see the signs. As far as options, as they do not know what tenants will occupy what space, they prefer the option of two signs at 25 square feet. 4. Commissioner Barrows asked how important illuminated signs would be for a medical building that will not be open at night. Mr. Travis stated it is more of a public service for the clients to find the building. It will give the tenants some visibility. 5. Commissioner Alderson asked if the intent for the second sign was to identify a specific tenant. Mr. Travis said that if no tenant took it, the building sign would be there. Commissioner Alderson asked why they would not want to lower the signs to the first floor. Mr. Travis stated they would prefer the upper level as there is more space and no obstructions. It is a visibly preferred position. 6. Commissioner Engle agreed the trees would obstruct the lower �. level signs. They are trading off by lowering the lighting wattage. Planning Commission Minutes October 24, 2006 He asked what color neon would be used. Mr. Travis stated it would be the off-white or soften white. Commissioner Engle asked if it was non -illuminated. Mr. Travis stated that was correct. 7. Commissioner Engle stated he had no objection with the sign being at the higher elevation and it is proportionally signed. 8. Commissioner Barrows asked why staff was requesting the sign be lowered; was it due to the illumination. Staff stated the illumination was a concern in regard to the residents as well as the height of the sign. 9. Commissioner Alderson stated he has no problem with the higher elevation sign. He did go to the site and does not believe the signs will be offensive and at the lower level they will not be seen. 10. Chairman Quill asked where the "Tarbell" sign was located on the La Quinta Professional Plaza building. Commissioner Engle stated it was on the upper level, but a completely different type of building. Chairman Quill stated that if approved, it should be the beige white and not to exceed 30 miliamp level to ensure it is soft light. 11. There being no further public comment, the public participation portion of the public hearing was closed and open for Commission discussion. 12. There being no further discussion, it was moved and seconded by Commissioner Alderson/Engle to adopt Minute Motion 2006-026 approving Sign Application 2006-1022, as recommended and amended: a. Condition 1: Deleted b. Condition 2: Not to exceed a 30 miliamp level Motioned carried with Commissioner Barrows voting no. C. Environmental Assessment 2006-576, General Plan 2006-108, Zone Change 2006-130 for Annexation 18; a request of the City for consideration of a Negative Declaration, General Plan Amendment and Zone Change to High Density Residential for 12.29 acres of land north of the City limits. The action will lead to a Sphere of Influence Amendment , and Annexation request before the Local Agency Formation Commission. Planning Commission Minutes October 24, 2006 1. Chairman Quill opened the public hearing and asked for the staff report. Planning Consultant Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Community Development Director Doug Evans noted the land proposed for annexation will be reduced due to some encumbrances on the southerly piece of land. 2. Chairman Quill asked if the tenants would have any voting rights. Staff stated the registered voters make the final decision as to the annexation. Chairman Quill asked what the City's motivation was. Staff stated to fulfill the City's affordable housing requirement and after staff's analysis it did meet the zoning requirements. 3. Chairman Quill asked if there were any questions of staff. Commissioner Alderson asked where the City stood in regard to meeting its goal. Staff stated the goal was approximately 1,900 units and we currently are at about 1,100 with another 300 under construction. Commissioner Alderson asked if the land that is not included would be land locked. Staff stated they have access to the east. 4. Commissioner Barrows asked if there would be a lot split. Staff stated there would be a parcel map to have two distinct parcels. Commissioner Barrows asked the location of the school in relation to this parcel. Staff indicated the location on the map. Commissioner Barrows asked if there could be any work -force housing. Staff stated they would be looking at all types once the property is acquired. Staff clarified they had checked with i_AFCO to determine whether this property was within any other city's sphere and found that it was not. The Bermuda Dunes Community Council has told the City they would like the City to take all of Bermuda Dunes or none of it, but not to take pieces. Nicole Criste indicated another annexation that was in process just east of the City limits within the City's Sphere of Influence. 5. Chairman Quill asked if any of the other property owners along Darby Road were interested in annexation. Staff stated the survey that was taken showed a very strong mix of those in favor and those opposed. Chairman Quill asked if the Bermuda Dunes Community of Interest still existed. Ms. Criste stated it still exists and the proposed annexation is within the Bermuda Dunes Community of Interest, and a representative from the community of interest was in attendance. a. ' Planning Commission Minutes October 24, 2006 6. There being no further questions of staff, Chairman Quill asked if there was any public comment. Mr. Robert Farrow, stated he is a member of the Bermuda Dunes Community Council (BDCC) and is opposed to this annexation. He asked if the residents were the only ones who had the voting right to determine whether this is annexed or not. Ms. Criste stated as regards the protest hearing only those who reside within the area will be asked to vote. As regards the annexation itself, the annexation hearing is public and members of the community can speak to the LAFCO Board in favor, or opposition to the annexation. Mr. Farrow stated the BDCC were certain there was a vote taken whereby the majority of those indicated they wanted to be a part of Palm Desert. Ms. Criste stated a survey was taken and it was determined that most wanted to be annexed into Palm Desert. The City of Palm Desert determined it was not fiscally possible for them to annex the area. 7. Chairman Quill stated his understanding of a Community of Interest was a "hands off" period for five years where a city could not process any annexation. Ms. Criste stated that has since changed to pre -annexation boundaries. 8. Commissioner Barrows asked if the opposition was because it is a piece of Bermuda Dunes. Mr. Farrow stated it was to keep Bermuda Dunes as it is. It is his understanding that over the years it has been shrunken down to what it is currently. He asked if this annexation was part of a greater plan for more annexation. Staff stated they did look at the property east of this annexation. That property owner was not interested. Staff has no thoughts of extending any further north. This annexation is only an opportunity to extend our housing program. Commissioner Barrows asked if the remainder parcel would remain in the County. Staff stated it will probably ultimately develop in the County. It does not make economic sense to annex it into the City. 9. Mr. John Brohas, 42-901 Lima Hall, stated they own the adjoining property and do not oppose the annexation. Their objection is only the high density that is proposed as this is a low density area. They would like to develop this area into large estate lots. 10. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. Planning Commission Minutes October 24, 2006 11. Commissioner Alderson stated he has driven by the area and the senior homes are in need of help and the assistance the City will offer will only be an improvement. This can only be an asset to our seniors. 12. Commissioner Engle stated he would not want this annexation to cause any interruption to Mr. Brohas's operation. He does agree that this will be an asset. 13. Commissioner Barrows asked about setbacks. Ms. Criste stated there are considerations in our Code for setbacks to buffer outside developments. Commissioner Barrows stated that due to the location to schools and commercial development she believes this will be a good location. 14. There being no further discussion, it was moved and seconded by Commissioner Barrows/Alderson to adopt Planning Commission Resolution 2006-037 recommending approval of a Mitigated Negative Declaration for Environmental Assessment 2006-576, as recommended. ROLL CALL: AYES: Commissioners Alderson, Barrows, Engle, and Chairman Quill. NOES: None. ABSENT: Commissioner Daniels. ABSTAIN: None. 15. It was moved and seconded by Commissioner Barrows/Alderson to adopt Planning Commission Resolution 2006-038 recommending approval of General Plan Amendment 2006-108, as recommended. ROLL CALL: AYES: Commissioners Alderson, Barrows, Engle, and Chairman Quill. NOES: None. ABSENT: Commissioner Daniels. ABSTAIN: None. 16. It was moved and seconded by Commissioner Barrows/Alderson to adopt Planning Commission Resolution 2006-039 recommending approval of Zone Change 2006-130, as recommended. ROLL CALL: AYES: Commissioners Alderson, Barrows, Engle, and Chairman Quill. NOES: None. ABSENT: Commissioner Daniels. ABSTAIN: None. BUSINESS ITEM: None Planning Commission Minutes October 24, 2006 Vill. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Staff informed the Commission of the Lighting Ordinance Workshop being held on October 27, 2006. Commissioners Quill and Engle volunteered to attend. Commissioner Barrows asked if the study would address safety lighting in regard to concerns raised by the Sheriff's Department. B. Review of City Council meeting of October 17, 2006. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows/Alderson to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on November 14, 2006. This meeting of the Planning Commission was adjourned at 8:13 p.m. on October 10, 2006. Respectfully submitted, a Betty J. Sawyer, Executive Secretary City of La Quinta, California Department Report: j — A OF C�� 9ti5 T1 TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: November 21, 2006 SUBJECT: Department Report - Response to Public Comment The following public comments were made at the November 7, 2006, City Council meeting: 1. Marion Ellson, 80-082 Palm Circle Drive, La Quinta, stated concern of future development by the Westward Isle tract and requested it remain R1 zoning. Mayor Adolph responded the City would work closely with the homeowners on the development of the property. 2. Joe Broido, 77-510 Calle Nogales, La Quinta, requested agenda for special meeting be posted on the City website, and lack of accommodation for handicap seating at the special meeting held on October 24. Mayor Adolph responded staff will take those comments into consideration when planning future meetings. DEPARTMENT REPORT: 3 A a •c i -af CITY COUNCILS UPCOMING EVENTS OF r NOVEMBER 21 DECEMBER 5 DECEMBER 7 DECEMBER 9 DECEMBER 19 JAN VARY 2 JANUARY 15-21 JANUARY 16 FEBRUARY 6 CITY COUNCIL MEETING CITY COUNCIL MEETING HOLIDAY OPEN HOUSE 11:30 TO 1:30 PM EMPLOYEE RECOGNITION BANQUET CITY COUNCIL MEETING CITY COUNCIL MEETING BOB HOPE CHRYSLER CLASSIC GOLF TOURNAMENT CITY COUNCIL MEETING CITY COUNCIL MEETING FEBRUARY 20 CITY COUNCIL MEETING LA QUINTA CITY COUNCIL MONTHLY CALENDAR November 2006 i 2 3 4 :0 1 0 0 AM ALRC 12:0 0 PM MayorsLunch . 9.OD AM - 4:00 PM SJSR October S T F S 12: 00 PM CVA G Human Ntl. Mnm -H n t e Berson 1 2 3 4 5 6 7 rn Comm. -Osborne bo e 8 1 9 10 11 2 13 14 6: 00 PM Police I 1 5 16 17 1 1 8 9 2 0 21 FirefightersV ::::Volunteer 22 23 24 25 2627 28 Dinn e r 29 30 31 3:00 PM City Council 9:00 AM RCTC- 9:30 AM Animal Campus- Veterans Day Holiday Meeting Henderson Henderson CITY HALL CLOSED 5:30 PM Investment 11:00 AM CVCC-Sniff Advisory Board 12:00 PM Energy/ Veterans Day Environ.-Sniff Election Day 12 13 14 15 16 17 118 9:00 AM City/Chamber 7:00 PM Planning 3:00 PM Historic Preser- 9:00 AM CVA-Henderson Info. Exchange Meeting Commission vation Commission 10:00 AM Pub. Sfty-Kirk 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 7:00 PM Community Services Commission i I 19 20 21 22 23 -- - - 24-- - 25 3:00 PM City Council Meeting 1 12:00 PM Sunline-Adolph 4:00 PM J.Cochran Reg. Airp-Osborne Thanksgiving Day (City Thanksgiving Holiday i i Hall CLOSED) (City Hall CLOSED) 26 I 27 28 29 30 j 10:3C AM RCTC Budget - 7:00 PM Planning _ December Henderson Commission fission S M T W T F S 1 2 3 4 5 3 10 11 12 13 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 T. Printed by Calendar Creator Plus on 11/14/2006 „ t LA QUINTA CITY COUNCIL MONTHLY CALENDAR December 2006 Printed by Calendar Creator Plus on 11/14/2006 ^ 0 1 A - LA QUINTA CITY COUNCIL MONTHLY CALENDAR January 2007 Department Report: C31-B a� 1AAM�gr. 04 OF rt� TO: The Honorable Mayor and Members of the City Council FROM: Veronica J. Montecino, City Clerk DATE: November 21, 2006 SUBJECT: Department Report — Historic Preservation Commission Vacancy On November 1, 2006, the City Clerk received a letter (via email) from Leslie Mouriquand requesting acceptance of her resignation from the Historic Preservation Commission effective November 17, 2006. She indicated the resignation is due to her recent appointment as Riverside County Archaeologist, and that she plans to attend the Commission meeting for November. The City Clerk's Office is seeking direction regarding advertisement for applications to fill the unexpired term ending June 30, 2007. Two applications are on file from the June 2006 interview process, and staff will contact the applicants to inquire if they are interested in being considered for appointment at this time. XY A iy 4 IIA Page 1 of l Veronica Montecino From: Leslie Mouriquand [Imouriquand@coachella.org] Sent: Wednesday, November 01, 2006 11:19 AM to: Veronica Montecino Subject: Letter of resignation from the HPC Veronica Montecino, Please accept this email as my letter of resignation from the City's Historic Preservation Commission effective November 17, 2006. It has been my distinct pleasure to have served on the Commission for almost two terms Back when I was a staff member of the La Quinta Planning Department, it was very fulfilling to work toward establishment of the Commission and it's CLG certification under State Historic Preservation Office and the National Park Service. As a commissioner, it was very satisfying to be able to contribute my professional expertise to the City. I have been named as County Archaeologist for Riverside County, and will no longer be able to attend the HPC meetings. If there is a November meeting, I will plan to attend as my last meeting. Thank you, Leslie Leslie J. Mouriquand M.A., RPA Principal Planner / City Archaeologist Community Development Department City of Coachella 1515 Sixth Street Coachella, CA 92236 (760) 398-3102 (760) 398-5421 FAX Lmouriquand coachella.org u J 11 /1 /2006 DEPARTMENT REPORT: 4 Tad' 4 4 Qua TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety DATE: November 21, 2006 RE: Monthly Department Report — October 2006 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of October. Also included are Monthly Executive Status Reports for Vista Dunes Courtyard Homes and the City Hall Expansion. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $236,553,772 which represents an issuance of 3,741 building permits through October; • Animal control handled 2,319 cases through October; • Code compliance initiated 2,125 cases through October; • Garage sale permits generated $1, 610 of income during October. - N h h 1 d ^' O rsi �N NImn O t -M en . r . r M M N N N O O M W2 M DD 01 h arA � 41 h 00 �D M h V1 O N h h O-, h �o O is N O M � 00 h 00 �t O M IT 00 .- M C>en M E O� M O d^ N ON M MOen M O om+ d \O M tn \,O -t �D d� O� N O� N l - '-. ep NO O O M V M 00 O !F M M � r+ N M N M yy .-, n\o� v� O N . + h N O O 00 \p `p 'N. 00 00 (7�00 1�0 1+ 00NC00Q1 O Cc N l� V� t� 00 \ O ONO 0C-S000 M o M O 'L7 O O� V1 •-• O� M t� N [� �p M �t N N M M v M N •--� N h O M � h N h MRMNIE l� q M � � h0 OC\ N 0010 \O 00 N rA �O h C~C v 6 DO � h � O 00 .. 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W W W v O v C m Z b-a Z H U)t:CD a Zw a, a) o w m—OLm a) E c3 w a�w W U) N— CD an CL U O O O LL W OJJ0 QZ Q � w iQ. 4) = a Z W LU Jw -tea w J O F-V N wZvNZ Q Z O w 3 C) = U N C7Q0Q� N rn (7 z=wpm Q Z m O O O a N = a im M / a uAa c a •c maw pp Ttl�- - -li b_ III= _C_ L3.'� _�. I t:��, �4`7 J °F Ttt Monthly Executive Status Report City of La Quinta Vista Dunes Courtyard Homes Presented To The City of La Quanta: November, 2006 For the Month of October, 2006 Past Month Highlights/Key Activities • No negative community related problems / issues reported. • Dust control in place. • Water and sewer plans have gone through changes to satisfy CVWD and Riverside County Fire Department. Loop system required by CVWD. CVWD has approved plans but they are not available yet. • Successful partnering meeting took place on October 9, 2006 • Bulletin 5 drawings released by October 17, 2006 • Water wells finished capping on October 26, 2006 • Site grading and over - X process completed October 26, 2006. • All builaing pads completed and sealed for dust control. • Retaining wall on east side of property removed and area is ready for office trailer. • Continued to resolve documentation errors with City, Architect and Engineers. ,_Schedule Performance Project to Date • Per Davis Reed schedule & DR site superintendent- On schedule. ----------------------- budget Performance Project to Date • Total Awarded Contract Amount: $21,400,000 • Change Orders (1 J : - 239,243 • Current cost commitments (original bid + change orders): $21,160,757 • Contingency usage to date: 0 • Contingency budget remaining: 2,500,000 • Total budget plus contingency 23,660,757 • Current commitments as % of Total Current Bud_qet (t3,900,000) 99% Safety_ Performance Project To Date _ • No Lost Time or Claims due to injuries or safety violations. • No on -site accidents to date. Upcoming Month Priorities/Key Activities (November 2006) _ • Dust control prevention now the responsibility of the contractor. • Site office trailer to be delivered November 7, 2006 • MDS to provide proposal for site fire line design by November 10, 2006 • Approved utility plans from Verizon, Time Warner, & The Gas Company by November 15 • CMU site wall construction to start approx November 15, 2006 • CVWD Pre -Construction meeting should take place by November 27, 2006 • Continue to value engineer the building construction components. j` u > t_ OF Monthly Executive Status Report City of La Quinta City Hall Expansion Presented To The City of La Quinta: November, 2006 For the Month of October 2006 Past Month Highlights/Key Activities (October) 2006 1 • Indicated differences from GEO-TECH bidding companies! Spreadsheet with complete details from the potential companies (CTE, SCS&T, & Landmark) indicated stipulations on bid from CTE and Sharpened pencil, bringing them to lowest bid with "a not to exceed amount!" Saved approximately $23 - $70K • All documentation from city (Contract awarding GKK) and reciprocating signed agreement from GKK with all (3ond, Insurance, and Workers Comp.) proof received • "Notice to Proceed" issued by Tom Hartung (City of La Quinta) • Attended the SCAQMD PM-10 Certification class (Completed Coachella Valley Dust Control) • Preliminary Construction schedule submitted by GKK • Attended LQCHE Project Partnering Session: with all parties involved • Disseminated a list of all items claimed to be missing from Plans and Specifications Book. Eight _ - components stipulated - __ Schedule Performance Project to Date • Master schedule to be completed and submitted under separate cover • Design tracking in progress - • Scheduled design completion June 16.2006 Budget Performance Project to Date • Original Estimate: $8,700,000 • Plus Contingency (10%) 1,500,000 • Total Original BudgeT: (original plus contingency) 10,250,000 • Change Orders (0): 0 • Current cost commitments (original bid + change orders): 0 • Contingency usage to date: 0 • Contingency budget remaining: 1,500,000 • Current commitments as % of Total Budget _-- (oo�ina1�8,70C,000/current $10,500,0001_- 0%_ Safety Performance Project To Date • No Lost Time or Claims due to injuries or safety violations. • No on -site accidents to date. Upcoming Month Priorities/Key Activities (November 2006) • Mobilization and Staging areas. • Submit applications for utility permits. • Pre -construction meetings with GKK Works. • Commence work on project • Administer RFIs from General Contractor (GKK Works). 7,1 Department Report: 15— TO: The Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Community,Development Director DATE: November 21, 2006 SUBJECT: Department Report for the Month of October 2006 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of October. P:\Monthly Report Folder\OCTOBER 2006.doc 1 F- O co a' O w O N F- CC Z w w m O cr Q U a O W 0 0 Z H O a m i or D a U to E W N U W Q W Co •D -0 'II -0 T7 -0 U •0 -a U +, "D 'O -D U 'II •a -0 U = CD E U U N U U U +'F"'4 U U U U N+, U U N +, ++ +_ +� +_+ + +_ :.± U o E E E .a E E .5 E E E .a E E E W Z n a -0 .0 .a .0 .0 0 -0 .0 n .0 .0 .0 :3 .0 .0 .0 Z Q N N to fn N N N N N N N 00 N M to co N N N N d pp V- V-- T- O O ld' �- O O N O M �- •- O �- CO p O u') Z Q y Z O J N Q v � 0LU a •C d N U N 4' Z tC0 N �n c E a) �c., E N U a. C N N U a a.E a 0 `� c �' acicn N +� `a m o O m Q E E c c n- E E a toQ Q +1 y 0 E, L- E U °' Q 0 a +, � +' N N N Q C a U U � C Ea ° Q-a a) E a ` U) m o a) •�cn g a L >>: tU D U _1 U U n• °) U c> •° p C p C E i rn +, U� a) c E f° U c .0 c > aCi +4 U 0 w 0 --j n. n. W W W F- F- > N N U (n N � 00 F- ~ Z O F- m E U Q w O N O O N CD CD CD (D 0) O 0 ❑ W +1 4-0 +1+1 + 4r +, +r w > E E E E E E E E E E E O O m OC > > CL a CL N O r- M O O Q a W O H Z P O J O QLL W W W Q IL 4 4 ❑ d cn w N E- *' °' E E ►- 0 E Er J LU � (D "O � . a 'a U- Q O O �- O �, C °u c cC N C O ci Q O jroC W W a O Q E cn U" Q m co O N O O t+ O O a O '++ O U P J J D N O +1 O ❑ () +O� 0) O C Q Q C> O O O a)_� . � O +_+ N C 2 _ C C i— O H- O U ❑ C7 a� v� un tot— > N. N .a N O a ca c co a. U U N a. c ca c a� w cn m co Q 4- C N C O c w O N N Z7 O 0 Q a� 0 C 0 CD m 0 O 4- DEPARTMENT REPORT: 30- A OFT1� TO: The Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Community Development Director DATE: November 21, 2006� SUBJECT: Report of City Council SO[ Subcommittee and Update on the Sphere of Influence City Council Subcommittee The City Council established the Sphere of Influence (SOi) Subcommittee on September 5, 2005. Since then, the SOI Subcommittee has met on four occasions. The first meeting on October 3 was previously reported to City Council. Since then, the SO[ Subcommittee has met on October 17, October 25 and November 15. Preliminary Annexations During the October 25 meeting, it was reported that a Notice of Intent (NOO to annex was submitted by the developers of The Enclave. Discussion focused upon the directive provided by City Council earlier in the year to proceed with up to three small annexations and development proposals immediately east of Monroe Street. As a follow-up to the discussion, staff recently met with LAFCO staff to specifically discuss annexation options. Discussion focused upon the potential annexation of the three areas previously identified by the City Council as well as potential annexation of properties immediately east of Monroe Street. In addition to discussions with LAFCO, staff discussed timing of annexations, necessary steps, and fiscal mitigation with several property owners/developers. Riverside County Meetings At the October 25 meeting, Community Development Director Evans informed the Subcommittee of upcoming meetings scheduled with the Riverside County Economic Development Agency (10/27) and Transportation Department (10/30). City staff recently met with Riverside County staff on two separate occasions. On October 27 a meeting with the Riverside County Economic Development Agency was held to discuss the County RDA, pre -annexation development agreements and fiscal matters. On October 30, City staff met with Riverside County Transportation staff and discussed road infrastructure and street design standards. The County has provided the requested Audited Reports so City staff can evaluate revenues from the SO1 and prepare a detailed draft proposal back to the County. Strategic Planning Process and Public Outreach Process Staff introduced the RBF consulting team to the Subcommittee Members at the October 25 meeting. The RBF team provided a brief overview of their role in assisting with the Strategic Planning process. A brief report was provided at the November 15 Subcommittee meeting regarding the upcoming public outreach process scheduled as part of the Strategic Planning effort. The process will include interviews with individuals with vested interest in the Vista Santa Rosa (VSR) area to be conducted over several days. In addition, the results of the interviews and community workshop will need to be discussed with the City Council and Planning Commission. The public outreach process of the Strategic Plan process will be commencing shortly. Tentative key dates are as follows: ➢ December 1 - Interviews: The project consultant (RBF) and City staff will be conducting interviews with several parties with vested interest in the future of VSR. ➢ December 4 - Community Workshop: RBF and City staff will be conducting a community workshop from 5:30 p.m. to 9:00 p.m. on December 4 at the Coachella Desert Academy School located at 82-489 Avenue 52. ➢ December 6 - Follow-up Interviews: RBF and City staff will be conducting small group follow-up interviews. ➢ December 19 - Joint meeting with - the City Council and Planning Commission to review the Strategic Plan Summary Report. Fiscal Report At the November 15 meeting, staff provided a report on the fiscal analysis that is close to completion. The report focused upon fiscal impact, density modeling and mitigation options. This information will be utilized in discussions with Riverside County with regard to a proposed Pre -annexation Agreement. Draft County VSR Land Use Plan County staff recently provided an updated copy of the draft Land Use concept for VSR at the October 26 Task Force meeting. County staff explained the Land Use proposal, which include four planning areas. A copy of the map and narrative of the planning areas is attached (Attachment 1). A community meeting to present the draft map is currently being scheduled and may occur as soon as December 7. Staff asked questions regarding the draft Land Use proposal with regard to the amount of commercial land, trails, and densities. Staff is attempting to coordinate a City/County meeting so that there is an opportunity for a City/County Community Workshop. The Enclave — Potential Annexation City staff was recently notified that the developer for The Enclave submitted a Notice of Intent (NO1) to circulate a petition for annexation with LAFCO on September 6. Staff has met with LAFCO staff and the NOI does not require any City action, nor does LAFCO take any action until a formal annexation is proposed. However the applicant recently informed City staff they will hold -off on scheduling any public meetings until the City's Strategic Planning process is completed. The applicant has also asked the project not be scheduled for a VSR Community Council meeting. Land Use Density Interest City staff continues to receive letters of interest regarding future land use within the VSR Sphere of Influence. Letters received are from property owners identifying specific land use densities for their particular properties. Two of these letters are attached (Attachment 2). REQUESTED DIRECTION Provide staff with direction regarding a Special Joint City Council/Planning Commission Study Session on December 19, 2006, from 1:00 to 3:00 p.m., or an alternative date. The Subcommittee Members discussed the merits of a special evening joint meeting. Attachment: 1. Map and Concept 2. Letters of interest Riverside County Vista Santa Rosa Area Proposed Concept General Plan Land Use Map Planning Area 1 (Village Center): This area is centrally located in VSR on Airport Blvd. The Town Center area 0 60 acres) would be the civic and commercial core of the area with a potential mix of land uses ranging from medium and high density residential to retail commercial.* Additional 460 acre overlay area has potential for similar land use development. This area is to be developed in accordance with the Riverside Co. General Plan Community Center Guidelines. Planning Area 2: Located in the northwest corner of VSR generally bounded by Avenues 52 and 55, and by Monroe St. and (or co -linear with) Calhoun Street. This area would be predominately designated estate density residential 0 dwelling unit/2 acres) except for a village center (mixed use conducive to underlying land use) at the southeast corner of Avenue 52 and Monroe and public facilities. The residential density could increase up to 2 dwelling units per acre in accordance with the following*: ■ At least 30% of the site is provided in open space. ■ At least part of the required open space and additional open space or recreational accommodations are made to realize a combination of the following: implement the Lifestyle Corridor, protect community icons, provide rural residential opportunities, and protect farmland either on the site, or elsewhere in VSR. ■ Assembling a minimum of 100 acres. The 100 acres assembled would not be required to be contiguous, although there would need to be a finding for project approval that the particular package of Lifestyle Corridor amenities and other project features is of sufficient significance to justify the increase in density. Planning Area 3: Generally, this area is located between Avenue 55 and Avenue 61, and between Monroe Street and Harrison Street, except for proposed land uses bordering Harrison, and excepting the Village Center area. This area proposes a maximum density of 2 dwelling units per acre. Up to 3 dwelling units may be allowed with 40% open space and a minimum project development size of 250 acres.* A village center is proposed at the southeast corner of Avenue 58 and Monroe. Planning Area 4: Located south of Avenue 61, this area proposes a maximum density of 1 dwelling unit per acre with a 30% open space requirement. There is the potential to increase up to 2 dwelling units per acre with 50% open space and a minimum project development size of 500 acres.* A small village center is identified at the northwest corner of Avenue 66 and Harrison. * A Specific Plan would be required which includes minimum acreage and percentage of open space area requirements that vary depending upon the planning area requirements. These descriptions are a summary of information provided by Riverside Co. staff. VISTA► SA,NT.A ROSA, ArR,FA, Proposed General Plan .Land Use :Element MENT 1 s - Community center- Ccmmumfiy Center Oveday Ccmmerdal Retail` ' — ; -� 4 .:., Cammerdal Tcudst Business Park _ } . 2 High Density Residential Med(um High Density Residential ;. r � _. Medium Density Residential ,Lax Density Residential Vey Low Density Residential Estate Density Residential �� I rb Open Space -Rural y - - - - �� , PA 2 - -- i T Public Fadti6ss � Y J (Z�?)Lands Subject ToIndlanJurisdiction T� Oft as PA1,PAZPA3,PA$(PolicyAres)77, z±i LffnstyleCondor #### Other Non-VSR D.G. Trails r.. Trail Bridge = — h �+ ViewCorridar".- iq Ra cels Highways „�35�+?7,a,,;�s��ra•c�r7�n§.��:s+s?�trmr�rm*��.+�n:A,�,«�.�rnrsAwl- ^A, ', �11�,�/ �A3 �/� Gsdamip td3ps end ap etetpha mtd For reFerenoe pVrpa�i)s - / ��^_3- _ only. tda0 baWt%ere apPRairmrte. mtd ure rmt neres nTy —rate W wMnM m anpbn np M ndmda The C -tY of Fr, —Id. .= --arty m gUdr h-, r6 to the ®rtaY (the / sO1RY I. often lh,N pally), am11a4y, Eme9nese, of—n et— r erry ci Me data pnmidPd and — legal IrsporslbAily for _ the w medrm mntm-d .title -o, A V use d N. -dtm[ w#h --oedm—r-y and prays w"I be the mle—MaftIDtY of P,t- ___.-t ; the 4Y sowca ammty �f rTv.,dde qt V�,11 .4r18rar VIfIrIi9 tVgUYen - - -_ _'1 . 41 C lhomeMtp�ryeN{r�*y Quhh�tG11Y17�,sogpnp¢t � � -� � ' �i.�iintnnsRwu' - -- - �•- `-- - - --�#'R#�###MlyNRirfi�#t#its#ii •I -M - - --'Ii I PA3 - �, - - �<- -, r� PA4 -- - - �'V*� jig tryytr�� CAL-SUNGOL® INC. ATTACHMENT 2 Douglas Evans Community Development Director City of La Quinta PO Box 1504 78-495 Calle Tampico La Quinta, CA. 92247-1504 RE: Prezoning of Assessors Parcel Number 764-300-002-2 Dear Mr. Evans: R� 1 i V - �006 C11'Y Or LA QUIN] COMMUNITYDEVELOt'MFN. OEPARTnnFnn I would like the Community Development Department to consider this letter a formal request for prezoning of this parcel to Medium High Density Residential (MHDR). I believe this request satisfies the required findings (9.220.010 E. of La Quinta Municipal Code) as follows Consistency with General Plan. Primary residential growth is consistent with the General Plan. 2 Public Welfare. Development of residential housing will not be materially detrimental to public health, safety and general welfare. 3 Land Use Compatibility. Zoning of property immediately north of Avenue 61 is currently zoned Medium High Density Residential (MHDR). 4 Property Suitability. The property is in all aspects similar to the adjacent property currently zoned MHDR, confirming suitability. 5 Change in Circumstance. The inclusion in the La Quinta Sphere of Influence(SOI) and development of MHDR in Trilogy and KB Homes immediately adjacent to the property has substantially changed the general condition since the existing zoning was imposed. While I am sensitive to importance of the need for the development of Strategic Planning for the annexation of portions of the SOI, 1 am concerned about the timing of this request and its consideration. At the June 6, 2006 City Counsel Meeting, annexation consideration was planned for three areas of the new SOL This parcel is included in the one of the area acres designated for consideration. The application process for Section 35 is currently underway, headed by Bayshore Development. It is my understanding that if this parcel is annexed prior to acceptance of a zone change, no change can be considered for two years. Can I receive an assurance that this request will be considered and evaluated with time for ongoing discussions if necessary or do I need to proceed in an alternate process? Please help me understand the best manner in which of proceed with this request for a prezoning change. Thank you for your time and assistance. Sincerely, Efren Castro. CAL SUNGOLL INC., P.O. BOX 1540 INDIO,CA 92201 Phone 760-399-5646 Fax 760-399-5646 CHRISTIAN H. NEUMANN, M.D. 81-719 Dr. Carreon Blvd. Suite D, First Floor Indio, CA 92201 November 1, 2006 City of La Quinta Community Development Dept. do Douglas R. Evans Community Development Director P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92247-1504 RE: Parcel # 767-340-001 Parcel # 767-360-003 Dear Gentlemen: 82-425 Avenue 55 Thermal, CA 92274 .&"4. E- n i �� 11 \V/ rt'- NOV 1 L ' CITY ur- :.A i:jiN I t, GOMMUNITY DEVELOPMFN DEPARTAAFNi This letter is in regards to the study which was initiated by La Quinta for the Vista Santa Rosa annexation area. This to express our interest with regard to future use of the land which we own. With regard to the southeast corner parcel on the intersection of Monroe and Avenue 54 (Parcel # 767-340-001), we would like to see some rural commercial development or resort or hotel. With regard to the property deep in the same section (Parcel # 767-360-003) we would like to see two units per acre zoning. Thank you very much .for taking our opinion and desires into consideration. Yours sincerely, ( I �Qu6e� CHRISTIAN H. NEUMANN, M.D. CHN:ce DEPARTMENT REPORT: =� IOU OFT1 TO: Honorable Mayor and Members of the City Council FROM: Steve Howlett, Acting Community Services Director' DATE: November 21, 2006 SUBJECT: Community Services Department Report for October 2006 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF DECEMBER 2006: Dec 1 *Arts & Crafts Bazaar Dec 4 *Ageless Action Aerobics Dec 5 *Digital Photography Dec 5 *List & Labels Dec 5 *Photo Editing 1 Dec 7 *Photo Editing 2 Dec 7 *Introduction to Word Processing Dec 8 *Holiday Tree Lighting Ceremony, Civic Center Campus Dec 8 *Winter Wonderland Dance Dec 8 *Mat Pilates Dec 8 *Oil & Acrylic Painting Dec 12 *Photo Editing 3 Dec 12 *Introduction to the Internet Dec 12 *CPR & First Aid Dec 14 *Photo Editing 4 Dec 14 *Files & Folders Dec 14 *Mosaic Tile Art Dec 15 *Latin Dance Dec 16 *Breakfast with Santa, Boys & Girls Club Dec 16 *Newport Harbor Lights Excursion Dec 21 *Holiday Luncheon Dec 28 *Mature Driver Training *Daytime Senior Center class or activity Community Services Department Attendance Report for the Month of October 2006 Summary Sheet Program 2006 2005 Variance Sessions Per Month 2006 2006 Leisure Classes 208 202 6 60 66 Special Events 625 267 358 7 4 Adult Sports 524 180 344 45 2 Senior Center 1249 1573 -324 95 96 Total 2,606 2,222 384 207 168 Senior Services Senior Center 299 260 39 18 16 Total 299 260 39 18 16 Sports User Groups La Quinta Park Use AYSO 1500 1100 400 22 21 Sports Complex LQSYA Winter Ball 60 25 35 20 9 F.C. La Quinta 15 15 0 9 8 PDLQ Football 220 150 70 12 12 Facility/Park Rentals Library Multi -Purpose Room 1800 0 1800 12 0 Classroom 600 0 600 12 0 Senior Center (Private Party) 1000 200 800 10 1 (Church) 375 300 75 5 4 Civic Center (Private Party) 50 0 50 1 0 Park Rentals La Quinta Park 300 320 -20 6 8 Fritz Burns Park 0 220 -220 0 4 Total 5,920 2,330 3,590 109 67 Total Programs 8,825 4,812 4,0131 251 Volunteer Hours Senior Center 4261 3501 76 Total Volunteer Hours 426 3501 76 Community Services Program Report for October 2006 2006 2005 2006 2005 Participants Participants Variance Meetings Meetings Leisure Classes Kickboxing Boot Camp 29 14 15 8 4 Ballroom Dancing 11 14 -3 2 2 Intermediate Computers 8 0 8 1 0 Tae Kwon Do 9 2 7 12 3 Beginning Ballet 22 12 10 4 3 Dance, Play & Pretend 52 16 36 9 6 Belly Dancing - Beg. 19 23 -4 4 4 Belly Dancing - Inter. 12 6 6 4 4 Hula Dance 7 0 7 4 0 Adobe Photoshop - Inter. 5 0 5 1 0 Computers - Beg. 9 7 2 3 3 Microsoft Word 5 7 -2 3 3 Photoshop Pro 4 5 -1 1 2 Guitar - Beg. 9 12 -3 3 4 Guitar - Level 2 7 0 7 1 0 Totals 208 118 90 60 38 2006 2005 2006 2005 Participants Participants Variance Meetings Meetings Special Events Halloween Carnival 350 47 303 1 1 Dog-O-Ween 25 32 -7 1 1 Open Air Cinema 80 0 80 1 0 Middle School Teen Dance 40 0 40 1 0 Trail Days Event 130 0 130 3 0 Totals 625 79 546 7 2 2006 2005 2006 2005 Participants Participants Variance Meetings Meetings Adult Sports Open Gym Basketba l 215 0 215 18 0 Fitness Center 129 0 129 22 C Adult Soccer League 1801 180 0 5 2 Totals 5241 1801 3441 451 2 Recreation Totals 1 1,3571 3771 9801 112 42 Monthly Revenue Report for October 2006 unnth1w Povnnllc+ - Fnrility Rentals 2006 2005 Variance Library $ 5,127.50 $ - $ 5,127.50 Senior Center $ 4,687.50 $ 2,573.00 $ 2,114.50 Parks $ 530.00 $ 700.00 $ (170.00) Sports Fields $ 206.25 $ 196.00 $ 10.25 Monthly Facility Revenue $ 10,551.25 $ 3,469.00 $ 7,082.25 Year to Date Facility Revenue $ 31,888.75 $ 13,107.00 $ 18,781.75 AA i...4hly Dnvnnno IVIVI-IIIy .-v..- Senior Center* $ 9,650.50 $ 12,030.00 $ (2,379.50) Community Services** La Quinta Resident Cards $ $ 4,295.00 3,255.00 $ $ 6,693.00 2,415.00 $ $ (2,398.00) 840.00 Fitness Cards $ 205.00 $ - $ 205.00 Total Revenue $ 17,405.56-1 $ 21,138.00 $ (3,732.50) ®n..nnnn Vn7r to ngtP t%-I.MV Senior Center $ 23,004.50 $ 31,809.00 $ (8,804.50) Community Services La Quinta Resident Cards $ $ 17,882.00 10,410.00 $ $ 24,680.00 8,580.00 $ $ (6,798.00) 1,830.00 Fitness Cards $ 1,440.00 $ - $ 1,440.00 Total Revenue to Date $ 52,736.50 $ 65,069.00 $ (12,332.50) ** Revenue decreased due to fewer classes being offered - instructor unavailability and lack of student enrollment. Senior Center Attendance Senior Center Program Report for October 2006 Participation Participation Variance Meetings Meetings 2006 2005 2006 2005 Senior Activities ACBL Bridge 183 245 -62 4 3 Bridge, Duplicate/Social/Parry 344 353 -9 14 20 Harvest Ball Evening Dance 65 0 65 1 1 Health Fair 195 250 -55 1 1 Monthly Birthday Party 25 20 5 1 1 Monthly Luncheon 97 104 -7 1 1 Movie Time 34 34 0 4 7 Senior Activity Total 943 1006 -63 26 34 Senior Leisure Classes Arts & Crafts 16 0 16 5 0 Ballroom Dance 13 18 -5 3 3 Bridge Lessons 36 61 -25 4 7 Computer Classes 16 23 -7 4 5 Computer Tutcr 1 2 -1 1 1 Exercise 49 48 1 13 13 Golden Tones 50 47 3 3 4 Hooked on Loops 9 0 9 5 0 Italian 8 0 8 4 0 Latin Dance 3 9 -6 4 4 Mosaic Tile 5 0 5 3 0 Mat Pilates 7 0 7 4 0 Quilting 36 20 16 3 Sketch & Draw 10 22 -12 4 4 Tai Chi / Tai Chi Arthritis 13 32 -19 3 3 Watercolor 19 21 -2 5 4 Woodcarvers 15 0 15 4 0 Senior Leisure Classes Total 306 303 3 69 51 TOTAL SENIOR PROGRAMS 1249 1309 -60 95 85 Senior Services FIND Food Distribution 134 151 -17 4 41I Arthritis Foundation 37 0 37 4 0 Health Screening - Skin Cancer 16 0 16 1 0 Hearing Consultation 4 2 2 1 1 HICAP 8 8 0 1 1 I.I.D. Energy Assistance/No fee 60 39 21 5 5 Legal Consultation 6 0 6 11 1 October Seminars 8 0 8 1 0 Volunteers 26 48 -22 n/a n/a TOTAL SENIOR SERVICES 299 248 51 18 12 SENIOR CENTER TOTAL 1548 1557 -9 113 97 2006 2005 Variance Volunteer Hours f Senior Center 426 350' 76 Volunteer Total: 426'i 3501 76. Revenue Senior Center Revenue $9,650.50 $12,030.00 i-$2,379.50 Revenue Total: $9,650.50 $12,030.00-$2,379.50 Oct-06 *Revenue for October is low due to fewer bridge lesson classes. Bridge Lessons last year brought in more revenue due to more classeso ffere This year our bridge lessons instructor became ill and we had to substitute an instructor for the 2 classes offered "Revenue low due to less revenue based classes being offered; Less bridge lesson classes; no Spanish class (instructor unavailable),_ No attendance in Arthritis Tai Chi, Knitting and Dog Training. Less attendance in computer classes, had to cancel more this fall compared to last year. DEPARTMENT REPORT: W-M La Quinta Public Library Quarterly Narrative Report July 2006 — September 2006 Circulation During the first quarter of 2006/2007, library users checked out a total of 25,656 items from the La Quinta Public Library. The library was open a total of 630 hours during that period, with an average of over 40 items checked out per hour. Collection The La Quinta Public Library continues to add new materials to the Library's collection. During this period, the library focused on purchasing Easy Readers, Juvenile Fiction, Young Adult Fiction and Adult Non -Fiction items. Library customers continue to favor children's Easy Readers and Picture Books; DVDs; audio books; and adult mysteries. New Borrowers Approximately 380 new library cards were issued each month for a total of over 1160 cards during this past quarter. "This brings the total to more than 6,660 new library cards issued since the new library building opened to the public. Programming A Preschool Storytime for children 3'/z-to-5 years old is held every Tuesday morning, except during the month of September. A total of 123 children attended the five preschool programs presented during the quarter. A Lap -Sit Storytime Program for parents and toddlers is held just prior to the Preschool Storytime each week and during this quarter, there were also five lap -sit programs having a total of 126 participants. The Storytimes were "dark" during September to allow for staff vacations and program planning for the rest of the year. The Summer Reading Program focused on the pet -related theme of "Paws, Claw, Scales, and Tales" for school -age children. There were eight weeks of special programs with guest presenters who both entertained the children AND encouraged them to read. A total of 151 children signed up to participate in the reading program and there were 1,324 in attendance at the 29 library programs offered. The La Quinta Library Book Club continued to meet during the summer months. Members who were on vacation or away for the season at their summer homes, read the monthly selections and then shared their comments online with the rest of the membership. The monthly themes were: "Hemingway" in June; "Evanovich" in July; and "McCall Smith" in August. "Titles by "Evanovich" were by far the most popular of the three selections. During this quarter, a number of new members were added to our list of regular attendees. A new Teen Book Club was formed in September and members read and discussed books of their choice either for enjoyment or to assist with class and homework assignments. Guided peer reviews and bibliographic instruction are offered to help with book selection and discussions. I.a Quinta Public Library Report —I" Quarter Narrative July 2006 — September 2006 A new Homework Club for teens was formed in September. Students meet weekly to work on school assignments and get help from volunteers. An introduction to the online Homework Help Center was offered and library staff is available to assist in the location of materials for class projects and assignments. Volunteers A total of 356 volunteer hours have been logged by 34 volunteers during this quarter. The Library continually welcomes new volunteers to assist with various clerical and craft activities. A favorite volunteer destination is f1e Friends of the Library Bookstore which can always use additional helpers to sort and shelve book donations. Friends of the Library The Board of Directors of the Friends of the La Quinta Public Library went "dark" during the months of July and August, and resumed their meeting schedule on the second Wednesday in September. Although not holding formal meetings, board members were available for matters related to the Friends including relevant financial and membership questions during that time period. With the numerous donations that came in during the summer months, Friends members are planning another "Half -Off Donated Book Sale" this fall. Estimated La Quinta Library Expenditures July 1 — September 30, 2006 Library Contract Expenditures LSSI Expenditures 160,263 Library Materials NA* Selected County Expenditures Personnel 1,595 Insurance 1,777 Memberships 72 Miscellaneous Expense / Postage 1,150 Accounting Costs 58 Travel and Conference 119 County Support Services 45,428 TOTAL LA QUINTA EXPENDITURES $210,462 *Quarterly figure for materials expenditures is not yet available. Materials expenditures for the first six months will be included in the second quarter report. DEPARTMENT REPORT: Titit 4 4XP • rcu MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: 'Timothy R. Jonasson, Public Works Director/City Engineer DATE: November 21, 2006 RE: Public Works Department Report for October 2006 Attached please find the following: 1. Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks. Timothy R. 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N Q D Q Q �o O I m co 00 00 a m 0o co OA (0 F^ f-^ F- F- Z O_ N e— O O O O O O O O O O M e- m d w (0 O N r- ' lS O 0 O O O O O O O_ O_ to O ® O r O ^ O 000 f" N O O O O O O N 0 W N ® O O O co O d; N ,,j ® ® r^ M Lf 6� �0 N L[l M ( O �- O M d le tC Lf) L tL �•= N d c O > Q+ o ' +4)>a ro a 10 decDyCC Z d xOQ ,a}OO in � cc U)apOd> cn "0 m in ; yNy > N — >_O r oL > IM rr a� m _ gaa M o CN (/d V . D>yo Q Ec = ymQ t C rm O0 MJ — Lv oaod (D> o 11E > Q O d NO (D wd.B0OCwd- > O to U O � py Ni y NrL V Nm N� • � MW d c d d H N W d CM 0 U = a r - In - - W MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: October, 2006 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activi 6 Men 3 Men 2 Men 1 Man ITotal 1000 Policing/Inspection 42 60 0 10 112 1001 Pot Hole -Repair/Patching 15 4 0 0 19 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 0 0 0 0 0 1004 Pavement Marking/StripingMarking/Striping 0 0 0 0 0 1005 Curb Painting 0 0 0 0 0 1006 Other Traffic Controls 25 14 5 0 44 1007 Curb & Gutter Re air/Const. 0 0 0 0 0 1008 Other Concrete Re airs/Const. 0 4 0 0 4 1009 Street Sign Install (New) 6 0 0 0 6 1010 Street Sign Re air/Maint 47 12 0 0 59 1011 Debris Removal 9 15 0 5 29 1012 1021 Right of Way Maint. CLEAN Catch Basin Inlet/Outlet 0 0 18 37 18 0 0 0 36 37 1022 Rondo Channel Outlet/Vault 3 0 0 0 3 1022A Desert Club OutletNault 0 0 0 0 0 1023 S.D./D.W./C.B. Repair/Maint. 0 70 0 9 79 1024 Gutter/Median Sand Removal 0 0 0 0 0 1025 1026 Street Sweeping ( Machine) Street Sweeping (Hand) 125 0 0 0 0 0 0 0 125 0 1027 SidewalkBike Path Cleaning 26 0 4 0 30 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Ins ection/Clean 5 9 39 0 53 1041 Irri Weeding, Shrubs & Tree Trimming 59 27 144 7 237 1051 1052 1061 Landscape/Irrigation Contract Managemer Lighting/Electrical Contract Management Small Tools Re air/Maint 0 01 0 0 0 01 28 0 0 15 14 0 43 14 0 1062 1063 Equipment Repair/Maint. Vehicle Re air Maint. 4 27 3 7 3 0 0 0 10 34 1081 Trash/Litter/Re cable Removal 01 10 19 0 29 1082 1083 Vandalism Repairs Graffiti Removal 01 155 0 99 0 21 0 13 0 288 1084 Maint. Yard Building Maint. 35 8 0 0 43 1085 Seminars/Training 75 21 16 20 132 1086 1087 1088 Special Events Citizen Complaints/Requests Meeting_ 0 239 2 i 0 0 27 4 0 10 1 0 16 5 239 55 1089 Office (Phone, paperwork, reports, Misc.) 5 35 9 34 83 SUBTOTAL 904 480 32061 144 1848 1091 Over Time 15 10 33 0 58 1094 Jury D ) 0 0 0 0 0 1095 Sick Leave 56 0 0 16 72 1096 Vacation 0 0 0 0 0 ft-1097 Holiday0 0 0 0 0 1098 Floating Holiday 0 0 0 0 0 1099 Worker Comp SUBTOTAL 0 71 0 0 10 33 0 16 0 130 TOTAL HOURS 2 5 490 353 160 1978 TOTAL MILES 3086 1798 11141 351 6349 Department Report: _ 9 Police Department Monthly Report, October -- 2006 Prepared for La Quinta Police Department SIGNIFICANT ACTIVITY REPORT Captain Walter Meyer Chief of Police (Number in parenthesis denotes number of calls for service that day.) 10/O1 Sunday (41) No Significant Activity to Report 10/02 Mondav (90 0900 hours - La Quinta Special Enforcement Team (SET) deputies conducted a parole search in the 51800 block of Eisenhower Dr. During the search deputies located stolen property from a vehicle burglary as well as property stolen from a mailbox theft in La Quinta. Included in the stolen property were checks, credit cards and credit card statements. In the course of the follow-up investigation it was determined that multiple acts of credit card fraud and check fraud had taken place in the La Quinta business community. Arrested were Patricia Hernandez and Eric Rodriguez. SET deputies are also investigating a third suspect, Joseph Alvarez. Charges of possession of stolen property, forgery, burglary and identity theft were filed against f,ie subjects. 10103 Tuesdav (79 1330 hrs. Deputies Hughes and Ervin arrested Stephanie Stranghn for domestic battery and being under the influence of a controlled substance in the 52800 block of Eisenhower Dr. 1505 hours — Dep. Russell responded to the Dune Palms Mobile Home Park reference a disturbance at the location. Theodoro Palmarez was arrested for being under the influence of a controlled substance and was booked into the Indio Jail. 10/04 W ednesdav (81 1817 hours- Dep. Butvidas conducted a pedestrian check at Stater Brothers in La Quinta and contacted Cort Watterson. Watterson was found to be under the influence of a controlled substance and in possession of drug paraphernalia. Watterson was booked at the Indio Jail. 10105 Thursday ( 68) 1100 hours - Deputies Kim and Darascavage responded to a burglary in progress in the 78000 block of Wakefield. The victim said an unknown subject had entered her open garage and then ran away when she confronted him. The victim followed the suspect, however, he was able to escape and was last seen driving away in a gray mini van. The Forensics unit produced a composite drawing and information is being sent to other agencies in the area. 1117 hours — Dep. Ervin responded to the La Quinta Wal Mart regarding an employee being detained for theft. Jessica Garcia was employed as a cashier and there had been numerous shortages from Garcia's cash drawer. In response, Wal Mart loss prevention personnel had initiated an internal investigation. Garcia was recorded on video surveillance removing cash from her cash drawer and giving it to her boyfriend Manuel Sandoval. Total loss was estimated to be in excess of $7,000. Botl: suspects were taken into custody and booked into the Indio jail on felony charges. 1308 hours - SET Team deputies conducted a follow-up in the 51800 block of Eisenhower Dr. regarding identity theft and possession of stolen property. Joseph Alvarez was arrested for four counts of identity theft and four counts of possession of stolen property. 1630 boars - Dep. Chancellor and Corp. Northrup responded to the 49000 block of Tango Ct. in reference to a report of an attempted suicide. They found James Woods with self inflicted wounds to his wrist. Woods was depressed over personal issues. He was transported JFK due to his level of intoxication. Deputies also removed several firearms from the residence for safekeeping. 10/06 Friday (81) 1120 hours - La Quinta High School Security reported that a 14-year old male student had been admitted to JFK ER with a .363 BAC. Deputy Moore responded and found that the student had been admitted ICU and was unresponsive. The student had been located at the bus stop at Dune Palms and Hwy 111 and had been transported by AMR. 1300 boars — Dep. M. Covington arrested Jorge Alberto Felix Rivera for trespassing and violation of probation. Rivera is a habitual violator and was taken directly to the courts, where he was remanded into custody. 10/07 Saturdav (66 0030 hours- Dep. Bawdon handled a suspicious vehicle call in the 78100 block of Crimson Dr. Dep. Bawdon located the vehicle and saw an adult male prowling nearby. The male fled in the vehicle with Dep. Bawdon following. The driver abandoned the vehicle and jumped over a wall near Washington St. and Fred Wzxing Dr. and escaped pursuit. A passenger in the vehicle was detained. During a consent search of the vehicle, Dep. Bawdon and Canine Officer Bashe located Methamphetamine and drug paraphernalia. Burrell was arrested for drug possession, possession of paraphernalia and being under the influence of a controlled substance. Burglary tools were also located in the vehicle. Further investigation by deputies revealed that two residences, at the point of initial contact, showed signs of an attempted burglary. Dep. Bawdon is investigating leads on the identity of the male suspect. 1330 hours — Dep. M. Covington arrested Rubi Trejo and Marisela Trejo for burglary and conspiracy. MariselL Trejo was also arrested for contributing to the delinquency of a minor. Marisela had her 11 year old and 17 year old daughters participating in thefts from Kohl's and Ross Department Stores. The Juveniles were released to CPS and will be filed on at a later date. 1555 hours - Corporal Northrup and Dep. Chancellor responded to a burglary in progress at the Trilogy housing development. Security personnel observed two suspects taking appliances from vacant homes. The suspects abandoned their vehicle and attempted to flee on foot. One subject ran about 100 yards and collapsed from exhaustion. The second subject hid in bushes until located by deputies. The suspects were identified as Augusto Jimenez and Fernando Zamora and both were booked for burglary. Zamora was also charged with being in possession of a controlled substance. 2150 hours- Deputies Bloomquist and Burgie responded to a disturbance in the 78700 block of Via Corrido. Aaron Eichel had broken into the house of his estranged wife. Eichel had then called his daughter and made comments about killing himself. Deputies arrived and made contact with Eichel but he refused -.o open the door. Deputies forced entry and Eichel was arrested without incident. Eichel was booked into the Indio Jail for violation of a court order and trespassing. 2230 hours- Deputies responded to the 79400 block of Calle Vista Verde in response to a reported suicide. Family members had found Anthony Sereni deceased at the location. Sereni had been despondent about a pending divorce. No evidence or indications of foul play were observed at the location. Further investigation continues. 10/08 SUndav (57 0210 hours- Deputies Bloomquist and Burgie conducted a vehicle check at Tecate and Ramirez. They arrested '.Martin Sanchez for public intoxication. Sanchez was booked into the Indio Jail. 1118 hours - Dep. Russell responded to the 78700 block of Siena Ct. and contacted Karen Francis :Miller regarding an outstanding felony warrant for possession of Methamphetamine. Miller was placed under arrest and transported to the Indio Jail where she was booked for the warrant. 1150 hours - Dep. M. Covington responded to the 78-800 block of Sunbrook regarding an assault that just occurred. The victim said that her daughter had assaulted her and threatened to kill her. The victim received bite marks and a ripped shirt. The 14- year old daughter was arrested for the assault and booked at Juvenile Hall. 1840 hours- Dep. Castellanos responded to a suicide threat in the 53600 block of Avenida Diaz. Bryanna Johnson had taken several pills and was first taken to JFK Hospital and then to Indio Mental Health for a 72-hour evaluation. 10/09 Mondav (96 1940 hours- Deputies responded to Kohl's reference a suspicious person call. Loss prevention noticed two suspects, Francisco Benitez and Vicky Lynn Benitez inside the store concealing items. Both suspects had recently been observed stealing from Kohl's but had fled to avoid being apprehended. Deputies contacted both sus aects as they exited the store. Francisco was found to be in possession of methamphetamine, heroin and drug paraphernalia. Vicky was in possession of items stolen from Kohl's. Francisco was arrested for possession of heroin, possession of methamphetamine, possession of paraphernalia, and violation of probation. Vicky was arrested for shoplifting and violation of probation. Both Francisco and Vicky were booked into the Indio Jail. 10/10 Tuesdav (85 1100 hours — Dep. Butvidas conducted a traffic stop at Washington and Ave. 52. The driver, Jose Castro, was arrested for possession of Methamphetamine, driving on a suspended license, providing false information to a peace officer and parole violation. Castro was booked at the Indio Jail for the listed charges. 1720 hours — Dep. Drafton responded to Kohl's regarding a shoplifter in custody. An eighteen -year -old female was arrested for petty theft and was booked into the Indio Jail. 10/11 Wednesdav (73 No Significant Activity to Report 10/12 T dursdav (96) 0022 hours- Dep. Bawdon arrested Dawn Sartin for being drunk in public in the 52400 block of Ave. Martinez. 1300 hours- Dep. '.Viebruger responded to a report of a suspicious person at the beauty college at Dune Palms and Hwy. 111. According to the reporting party the subject, later identified as Richard Leon :Majors, had been watching the female students enter and exit the building in the morning and afternoon for several days. 1640 hours- Dep. Orr arrested Erica Danielle Murphy for shoplifting at Stater Brothers. 10113 Fridav (82 0930 hours — Deputies Butvidas and Kim accepted a citizen's arrest of Paul Fordham for trespassing and booked him into the Indio Jail. 1715 hours- Dep. Chancellor and Cpl. Northrup responded to a report of an unattended death in the 54700 block of Ave. Ramirez. Eric Thompson had undergone a triple bypass surgery in June 2006 and had developed an infection (information verified). CDF and AMR attempted CPR but were unsuccessful. 10/14 Saiturda 0202 hours- Dep. Reynolds arrested Jorge Vincent Caldron for being drunk in public in the 46100 block o Washington St. (AM PM) . 1424 hours- Corporal Northrup and Dep. Chancellor responded to the Target store in reference to several subjects attempting to use fraudulent credit cards to make purchases. Deputies conducted a traffic stop on the suspect vehicle as it was leaving the parking lot. Deputies determined that the three adult occupants of the vehicle were all under the influence of a controlled substance and all three were arrested. Several credit cards, not belonging to the suspects, were located in the vehicle but none of the credit cards had been reported as stolen. Arrested were, George Keblis, Mark Huffman and :Margaret Reason Reasor had her five -year -old daughter with her. CPS was called and took custody of the child. During the investigation it was learned that the child's father, Joseph Slaten had a felony warrant and deputies were sent to his residence where he was arrested. All three suspects were booked into the Indio Jail. Investigation is continuing regarding the credit cards. 10/15 Sundav (47) 0820 hours - Dep. Morton contacted Abel Castillo behind Albertson's Grocery Store. Castillo was found to have a warrant for child endangerment. Castillo was transported to the Indio Jail and booked for the warrant. 1347 hours - Dep. Neiburger responded to Bed, Bath and Beyond regarding a report of indecent exposure. The victim explained that she had seen a male adult fondling himself. She said the suspect had followed her throughout the store until she stepped outside and reported the incident to the store manager. 1438 hours - Dep. Lingle responded to the 52600 block of Avenida Alvarado regarding a domestic disturbance call. Giovanni Rivera was arrested for assaulting his wife. The victim did not require medical attention. Rivera was booked at the Indio Jail for the assault. This is the second arrest for Rivera regarding assaulting this victim. 1530 hours - Deputies White and Hughes responded to Marshall's Department Store in reference to a shoplifter in custody. Esther Montoya was arrested for burglary and possession of drug paraphernalia. Montoya admitted entering the location with the intent of stealing merchandise to support her drug habit. Montoya was booked at the Indio Jail for the above listed charges. 10/16 Monday (68) 1500 ho zrs - Dep. Butvidas conducted a property check in the 58200 block of Park LN and contacted Aldino Hinojosa. Hinojosa was found to have an outstanding felony drug warrant. Hinojosa was arrested. transported to the Indio Jail and booked for the warrant. 10/17 Tuesday ( 64) 1720 hours- Corp. Ward and Dep. Bloomquist responded to an unattended death in the 51500 block of Avenida Rubio. Steven Inga was fount. deceased by his son. There were no signs of foul play. 1825 hours- Dep. '.McFadden responded to a restraining order violation in the 80200 block of Riveria. He arrested .nary Bliss for violation of a restraining order. Bliss was booked into the Indio Jail. 2255 hours- Deputies responded to a single vehicle rollover traffic collision on Avenue 52, east of Washington Street. Investigation determined that the driver, Ernesto Gonzalez, was driving under the influence of alcohol. Gonzalez was transported to JFK for an OK to book, then to the Indio Jail where he was booked for driving under the influence. 10/18 Wednesdav (80 0645 hours - Dep. T. White responded to the 47100 block of Via Orvieto regarding a robbery that had just occurred. Upon arrival Dep. White contacted the victim and was told that an adult male had just broken into his residence and had stolen his wife's purse. About 0700 hours a credit card taken from the victim's purse w2s used at the Shell Gas Station at the corner of Hwy. 111 and Dune Palms in La Quinta. Inv. Brewster responded to the Shell Station and reviewed video of the suspect activity at the gas station and the investigation is continuing 1915 hours- Dep. McFadden responded to a report of employee embezzlement at Circuit City. He arrested Todd Shepherd for misdemeanor embezzlement. Shepherd had stolen merchandise from Circuit City and when confronted by loss prevention personnel he returned the item. Shepherd was booked into the Indio Jail. 1945 hours- Dep. Ortega responded to a theft that had just occurred at the Bes: Buy. According to store employees, an adult male had stolen a graphics card from the store and fled the scene. The suspect was seen with another male in a white vehicle and provided Dep. Ortega with a license plate number. Deputy Ortega located the vehicle in a parking lot at Adams and Westward Ho. He contacted Nicholas Johnson who was in the vehicle. Investigation revealed that Johnson and a male juvenile met earlier in the day at the La Quinta Skate Park and planned to go to Best Buy and steal a graphics card to sell to a third male. Based on information provided by Johnson, deputies were able to recover the stolen graphics card. Charges of burglary and conspiracy will be filed against Johnson and the male juvenile 2135 hoars- Dep. McFadden responded to a report of an overdose in the 52900 block of Avenida Velasco. Upon arrival, he found Gabriella Hijar unconscious but breathing. Her husband found her unconscious and called 911. Investigation revealed that Hijar was distraught over personal problems and had taken an over- dose of pills with alcohol. Paramedics transported Hijar to JFK for treatment and Dep. McFadder. placed a 72-hour hold on her for her well-being. 10/19 T hursdav (771 No Significant Activity to Report 10/20 Fridav (78 0151 hours- Deputies responded to a report of a major injury traffic collision at Dune Palms and SR 111. Investigation determined that one of the vehicles involved was wanted by the Indio Police Department for a possible burglary that had occurred in the City of Indio. The driver of the ve iicle, Daniel Leos, failed to stop for a red light at the intersection and broadsided a vehicle that was eastbound on SR 111. Four persons were transported to area hospitals with injuries. It was learned that the vehicle driven by Leos had been reported stolen from the City of Indio. 1530 hours- Dep. M. Covington handled a petty theft at the La Quinta Car Wash involving a previously terminated employee, Gilbert Munoz. Munoz was seen on video surveillance stealing car -cleaning supplies from the car wash. Munoz has priors for petty theft. Dep. M. Covington requests that Munoz be arrested for petty theft with priors when he is located. 2250 hours- Dep. Hendry investigated a report of a minor injury traffic collision on Ave. 52 west of Washington St. A Mercedes Benz SUV was eastbound on Ave. 52 and for unknown reasons crossed over the raised center median and collided with a palm tree. The impact of the collision caused the vehicle to roll over. Two occupants, located at the scene, deny driving the vehicle but evidence located indicates that the registered owner, Lisa Flores, was driving the vehicle. Flores, and her adult male passenger, were transported to the Desert Regional Medical Center with moderate injuries. Flores was determined to be intoxicated and a blood sample was obtained from her. Felony DUI charges will be filed out of custody against Flores and the investigation is continuing. 10/21 Saturday (64) 0200 hours- Sgt. Baur and Dep. Bashe attempted to stop a suspected dui driver on Hwy. I I I near the La Quinta Cliff House. The driver failed to yield and a short pursuit ensued. The vehicle eventually yielded at Hwy. 111 and Horizon Dr. in Indian Wells. The driver, Nelson Ruiz, 21 of Palm Desert was arrested for dui and evading. There were no injuries or damage to property. LA06294005 (TB) 1745 hoars- Dep. Bawdon responded to the 46400 block of Dune Palms in regards to an intoxicated male adult throwing beer bottles within the trailer park. Arrested for public intoxication and possession of methamphetamine was Ernesto Baraza. Baraza was transported to the Indio Jail. 10/22 Sunday (52) 0020 hours- Dep. Bawdon conducted an occupied vehicle check at La Palma Drive. Justin Grosjean was arrested for possession of marijuana, metal knuckles and a butterfly knife. Grosjean was booked into the Indio Jail. 1330 hours - Dep. Nieburger responded to a report of a robbery that had just occurred at the Marshall's Department. Marshall's Security Personnel told Dep. Neiburger that a male had tried to take items from the store. When confronted by store security, the suspect assaulted a security guard and then fled SB on SR 111. Dep. Alvarado located the suspect, Robert McCaslin, and detained him until the security guard positive: y identified McCaslin as the suspect who had assault him and taken merchandise from Marshall's. McCaslin was transported to the Indio Jail and was booked for burglary and assault. 2210 hours- Corp. Ward and Dep. Bloomquist conducted a traffic stop at Avenida Fernando and Eisenhower Dr. They arrested Glen Marcellus Shearerfor driving under the influence. Shearer was booked into the Indio Jail. 10/23 Mfondav (69 1530 hours- Dep. Russell responded to Wal-Mart to investigate a report of a commercial burglary. Dep. Russell arrested Randy Tracy and Moses Cecena following a brief foot pursuit. Both suspects were booked into the Indio Jail for commercial burglary. 1815 hours - La Quinta SET deputies conducted a vehicle check on Avenida Velasco north of Calle Sinaloa. As a result of the vehicle check they arrested Federico Chapa for being under the influence of a controlled substance, Julie Andrade for possession of methamphetamine and felony violation of probation, Beatrice Ohly for a misdemeanor theft warrant and Patricio Reyes for possession of methamphetamine, possession of a syringe, and felony violation of probation. All four suspects were booked into the Indio Jail 2310 hours- La Quinta Set deputies conducted a traffic stop at Calle Chihuahua And Avenida Vallejo. A passenger in the vehicle, Christopher Romero. was extremely uncooperative and refused to comply with officers instructions. A brief struggle ensued and Romero was taken into custody. Romero was arrested for public intoxication, resisting arrest, obstructing arrest and two misdemeanor warrants. The driver, Marc Anthony Davidson, was arrested for possession of drug paraphernalia. Romero was treated at the scene by CDF and then transported to JFK Hospital for an "OK" to book. Both Romero and Davidson were booked into the Indio Jail. One deputy sustained a minor injury during the incident 10124 Tuesdav (56 1700 hours- La Quinta SET team deputies responded to the 78600 block of Avenida La Torres in an attempt to locate Peter Delagarza who is a parolee at large. Delagarza was not at the location, however, deputies did contact Delagarza's brother -in- law, Francisco Lopez, who was found to be in possession of drug paraphernalia. Lopez was arrested for sales of methamphetamine and possession of drug paraphernalia. 2300 hours- Dep. Reynolds conducted a pedestrian check at Washington and SR 111. James Paul Myatt was arrested for possession of methamphetamine and heroin. 10/25 Wednesday (83) 2015 hours- Deputies Butvidas and Alexander served an arrest warrant in the 58200 block of Park Lane. Rudolfo Hinojosa was located and arrested. Hinojosa was also found to in possession of a hypodermic syringe containing suspected Methamphetamine. 10/26 Thursday (55) 1945 hours- Dep. Butvidas arrested Javier Garcia for being under the influence of a controlled substance. Garcia was located in the 58000 block of Park Ln. 10/27 Fridav (80 0200 hours - Dep. Reynolds arrested Robert Kitzmiller for driving under the influence following a traffic stop at Avenue of The States and Washington. Kitzmiller was booked at the Indio Jail. 10/28 Saturday (68) 0330 hours - Dep. Bawdon arrested Ad_,-ian Coras for driving under the influence following a traffic stop at Calle Encinitas and Avenida Villa. The passenger in the car, Joe Aceves, was arrested for an outstanding felony warrant. Both were booked at the Indio Jail. 0352 hours - Dep. Trower arrested Daniel Grajeda for driving under the influence. Grajeda was street racing and a traffic stop was conducted at 48th and Adams. Grajeda was booked into the Indio Jail. 1152 Hours - Deputies Taylor, Lingle and Knight responded to a report of a stolen vehicle being followed by the victim of the theft. They located the vehicle near the Indio Mall and a felony vehicle stop was conducted in the Indio Mall narking lot. Kateria Saul and Ivan Palmeras were arrested for possession of stolen property. Deputy Taylor received additional information regarding other possible illegal activity at the suspects' residence in the 529000 block of Avenida Navarro. It was determined that the garage is routinely left open for easy access and it is used as a flophouse for undesirable associates. 2100 hours- Dep. Amezcua responded to a suspicious person call at Target. Security personnel witnessed an adult male opening packages and concealing the items in his pockets. Additional deputies arrived and contacted Adrian Sanchez as he exited the store. Sanchez was arrested for petty theft with a prior conviction, and booked into the Indio Jail. 2138 hours - Dep. Gaunt arrested Tony Zacarias for driving while intoxicated and possession of marijuana following a traffic stop at Ave. Villa and Sinaloa. Zacarias was booked into Indio Jail. 2333 hours - Deputies Chancellor and Bonaddio responded to the 49400 block of Eisenhower Dr. reference a domes-:ic violence call. Richard Salsburg was restrained upon contact due to his attempt to leave the scene. The investigation revealed the call was a disturbance only and Salsburg was arrested for resisting and/or delaying a peace officer. He was booked at the Indio Jail. 10/29 Sunday (65) 0053 hours - Dep. Trower conducted a vehicle stop at Ave. 52 and Monroe. The juvenile driver was found to be driving under the influence of alcohol. He was booked at Juvenile Hall for DUI. 0240 hours- Dep. Amezcua responded to an attempt suicide in the 47900 block of Via Nice. A 17 year -old female consumed a bottle of pills in an attempt to kill herself. The female was conscious and alert when deputies arrived. Paramedics transported to the juvenile hospital, and she will be held for a 72-hour evaluation 0404 - Dep. Trower conducted a vehicle stop at Ave. 52 and Silverrock. The driver, Caesar De La Rosa, was found to be driving under the influence of alcohol. De La Rosa refused all chemical tests and was booked at the Indio Jail for DUI. 1314 hours - Dep. Knight responded to Vl'al-'.Mart regarding two shoplifters in custody. Security personnel stated that Claudia Lopez Sosa and Jose Francisco Barboza Padilla had made two trips into the store and had taken items without paying for them. They had taken a total of $89.96 worth of merchandise to their vehicle before being detained by security. Sosa and Padilla were arrested for burglary, child endangerment, conspiracy, possession of burglary tools and shoplifting with priors. They were booked at the Indio Jail for the listed charges. CPS was called and took possession of two juveniles (1 I years and 6 years). 1454 ho,ars - The victims of a home invasion robbery came to the Indio station to report the incident. Sgt. Allen escorted them inside and confirmed they did not require medical attention. The victims told Sgt. Allen that two females came to their residence in the 53300 block of Avenida Mendoza and said they were out of gas and needec assistance. As the victim attempted to help them, two adult males entered the residence and demanded money from the victim. Two other residents at the location were confronted by the suspects. The suspects stole numerous items of value and fled from the scene. 10/30 Monday (81 ) 1540 hours - Dep. Post responded to the Target Department Store regarding a shoplifter in custody. Ema Jodway was arrested for burglary. Jodway did not have any money or credit cards and had no means to pay for the items that she had taken from the store. Jodway was transported to the Indio Jail and booked for commercial burglary. 1800 hours- Dep. Amezcua responded to a shoplifter in custody at the Home Depot. Phillip Robert Vigil was arrested for commercial burglary and two outstanding felony arrest warrants. Vigil was booked into the Indio Jail. 10/31 Tuesdav (57 0245 hours- Deputies responded to a residential burglary in the 52700 block of Avenida Mendoza. A juvenile at the residence was awakened by a male adult shining a flashlight in her face. The juvenile cried out the suspect ran out of the residence and got into a waiting vehicle. Nothing was taken from the residence. Deputies checked the area, but were unable to locate the suspect. 0925 hours- Deputies responded to the La Quinta Target store regarding an "in -progress" commercial burglary. Prior investigation had determined that two suspects had entered the Target store with the intent to steal specific pre -determined items. Carlos Padilla and Hector Martinez were arrested for commercial burglary and conspiracy. Investigation revealed that Padilla was a former Target employee. Recently Padilla, and other accomplices, have entered numerous Target stores throughout Southern California and stolen the same items. Because of additional crimes, in other jurisdictions, the two suspects are being sought by other law enforcement agencies for multiple counts of commercial burglary. 1727 hours — Dep. Ervin responded to the area of Highway 111 and Washington Street where Jill Baylor was contacted and subsequently arrested for Public Intoxication. 2110 hours- Dep. Amezcua responded to a commercial burglary at Target. Two adult males had stolen cell phones from the store and fled in a green four -door vehicle. Loss Prevention had good quality surveillance video of the incident. At approximately 0200 hours, in the 52000 block of Avenida Velasco, Dep. Amezcua conducted a vehicle check on an illegally parked vehicle and subsequently arrested Alex Quast for public intoxication. While speaking to Quast, a friend of his, Matthew Parent walked up to Dep. Amezcua. She immediately recognized Parent as one of the suspects from the burglary at Target. Further investigation revealed that Quast was the second suspect from the burglaries. Dep. Amezcua located one of the stolen cell phones in Parent's pocket, and another in Quast's vehicle. Quast was arrested for burglary, conspiracy, public intoxication, and possession of marijuana. Parent was arrested for burglary, conspiracy, and violation of probation. Both Quast and Parent were booked into the Indio Jail. Total Number of Calls 2,218 CITY OF LA QUINTA School Resource Officer Report October 2006 Deputy Kevin Moore La Quinta MS Paige MS Truman ES Adams ES Franklin ES Type of Activity Number of Incidents Reports 8 Arrests 0 District Attorney Filings 0 Traffic Stops 4 Business Checks 3 Y.A.T. Referral 9 Vehicle Checks 25 Pedestrian Checks 10 Follow-up 1 Citations 26 SIGNIFICANT ACTIVITY 1. 1 responded to a report of an unconscious male student being transported to the JFK emergency room. The student was admitted to ICU due to extreme alchohol intoxication. A full report was prepared and the case was referred to the Y.A.T. Probation Officer. 2. Three students were found to be in possession of knives on school grounds. A report was written and each of the students was referred to the Y.A.T. Probation Officer. 3. Investigated multiple reports of a male student inappropriately touching female students. After being interviewed, the male student was referred to the Y.A.T. Probation Officer. 4. 1 have been providing daily patrol of the La Quinta Cove in an effort to deter students from fight ng and to enforce traffic violations for vehicles who fail to stop as students are being loaded or unloaded from school buses. 5. Distributed 2,500 English/Spanish book markers addressing Halloween safety. 6. Utilizing the bicycle patrol on campuses has proven to be an extremely versatile and highly effective law enforcement tool. Deputy Eric Speir La Quinta High School CITY OF LA QUINTA School Resource Officer Report October 2006 i Type of Activity Number of Incidents Criminal Reports 9 Non -Criminal Incidents 4 Arrests 0 District Attorney Filings 1 Traffic Stops 0 Y.A.T. Referral 5 Vehicle Checks 4 Pedestrian Checks 1 Follow-up 0 Truancy 2 1. Theft from P.E. lockers continues to be major problem. One stolen I -Pod has been recovered and suspect information has been developed that has led to an ongoing investigation. 2. 0 responded to one fight which resulted with one student receiving moderate injuries. The instigator in the fight was identified and was referred to the Y.A.T. probation officer. 3. Graffiti to the boy's restroom continues to be a significant issue. Three students have been identified as being involved and all three admitted to causing the vandalism. The three students have been placed on probation through the Y.A.T. Program. 4. School administration has done a good job of maintaining a closed campus and, as a result, we have not had a significant problem with non -students coming onto the campus. Deputy Marlayna Covington CITY OF LA QUINTA Business District Deputy Report { c aiben 2006 M Type of Activity Number —� Business Management Contacts 20 Training Classes and Hours 3 / 64 Hrs. Suspects Arrested / Charged 8 SIGNIFICANT ACTMTY During this month I have met and introduced myself to the management of twenty business along the SR Ill business corridor. Fifteen business have committed to participate in a crime prevention network designed to facilitate communication between businesses and to offer a means of alert when known thieves have been identified in any of the businesses. In preparation for the coming holiday season, I am developing an aggressive and proactive crime prevention strategy utilizing bicycle patrols and multiple undercover / plain clothes operations. To assist with the recognition and identification of habitual offenders, I am in the process of preparing a roster and photographic manual of habitual shoplifters, thieves and trespassers. I will regularly update this manual to reflect more recent activity. To enhance my effectiveness, I attended classes in Interview and Interrogation Techniques, Advanced Identity Theft Investigation and the Riverside County Sheriffs Data Warehouse training class. Eight individuals were arrested or had charges filed against them, including two juveniles, during the month. One individual, identified as a habitual tresspasser, was taken forthwith to the courthouse where he was remanded into custody. This individual was sentenced to 276 days in jail for multiple charges. ` Deputy Ismael Celaya Deputy Jason McFadden Deputy Randy Wedertz CITY OF LA QUINTA Special Enforcement Team October 2006 Sergeant Matt Jimenez Deputy Paul Harter Type of Activity # of Incidents F Type of Activity # of Incidents Ongoing Investigations 5 Probation Searches 4 Parole Searches 10 Arrests/Filings 22 Vehicle Checks 26 Arrest Warrants Served 6 Investigation Assists 6 Arrest Warrants Attempted 8 Citations Issued 0 Crime Prevention Hours 0 Pedestrian Checks 35 Back-ups 6 Bicycle Patrol Hours 40hrs Search Warrants 1 Fol ow -ups 8 Property Checks 7 ,Training Hours 0 Surveillance 0 Deputy Robert Brooker Deputy Chris Orr Sgt. John Shields CITY OF LA QUINTA Traffic Enforcement Team Report October 2006 Sumixr7ary of Activitv Deputy Michael Gaunt Corporal Dave Adams Deputy Manny Alvarado Type of Activity Number of Incidents Speed Violations 58 Fail to Yield 1 Turning Violations 10 Calls for Service & B/U's 11 Red light 31 Stop Sin 3 Lane Change Violation 0 Seat Belt Violations 49 Child Seat Violations 5 DUI Arrests 2 Misdemeanor Arrest 6 Felony Arrest 1 Warnings 25 Tows 16 Injury T/C 5 Non -Injury T/C 22 Suspended DL 16 Non -Moving 92 Total Citations 190 CITY OF LA QUINTA .,.,mmunity Programs Coordinator Report October 2006 Thomas Fowler Community Service Officer II Type of Activity (- Number Crime Prevention Consultations 6 Crime Prevention Articles and Reports 4 Community Safety Programs 5 Community Meetings Attended 4 C.P.T.E.D. Inspections 1 Neighborhood Watch Informational Meeting 1 Patrol Duties 18 Hrs. Estimated Citizen Contact 1,305 +/- Persons 1. Planned and hosted a field trip for approximately 125 first grade students and parents at the City of La Quinta Community Policing Office. Students saw "hands on" displays of a police car, police motorcycle, police bicycle, Citizens on Patrol vehicle and the new Animal Control vehicle. Citizen on Patrol Volunteers and Code Enforcement Personnel participated. 2. Planned and coordinated LQPD participation at two major community safety events sponsored by local business entities. Volunteers shared in the distribution of crime prevention and community awareness materials. An estimated 850 citizens were contacted through the two events. CITY OF LA QUINTA Community Service Officer Report October 2006 C.S.O. Monica Santillanes C.S.O. Thomas Fowler Type of Activity rNumber of Incidents] Burglary Investigations $ Grand Theft Reports 2 PettyTheft Reports 1 Vandalism/Malicious Mischief Reports 3 Traffic Collision Response 7 Vehicle Code or Parking Citations 4 Abandoned Vehicles Tagged/Warning 2 Towed Vehicles 1 Lost or Found Property Reports 6 Stolen Vehicle Report 0 Public Assistance 0 Custodial/Non-Custodial Transports 0 Miscellaneous Calls 22 Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report October 2006 LA � Commua[yPolicing Office Number Citizens On Patrol Number Monthly Volunteer Hours 264 Community Events 2 Hours YTD 2,196 Business Checks 17 Hours 4/03 to Present 10,574 Vacation Checks 8 CPO Monthly Visits 113 Traffic Collision Assist. 1 CPO YTD Visits 1,164 Traffic Control 1 CPO 4/03 to Present 7,325 Training Hours 0 Training Hours 0 Patrol Hours 81.5 YTD Patrol Hours 218.5 S1Ct YF=X ANT ACTIVITY 1. The 550 attendees at the National Association of Citizens on Patrol Convention, held on October 7 in Chino, CA, awarded the City of La Quinta Citizens on Patrol vehicle Third Place in the "Best of Show" competition. Approximately ninety vehicles were judgec during the competition. 2. Volunteers assisted at two community health and safety events sponsored by local business entities. Volunteers greeted members of our community, distributed crime prevention materials and answered many questions from our citizens. Citizens on Patrol volunteers displayed the Citizens on Patrol vehicle at both events. 3. La Quinta Police Department Deputies welcomed the assistance of Citizens on Patrol volunteers with traffic control at La Quinta High School during this seasons -, football games. CITY OF LA QUINTA Post 503 Explorer Report October 2006 Corporal Andy Gerrard Summary of Activity Type of Activit [--Number Training Meetings 4 Community Service Events 2 SIGNhFfCANT ACTIVITY October training for Post 503 members focused on Bicycle Patrol, Handcuffing and Defensive Tactics, Physical Conditioning, Marching and Close Order Drill. Motor Officer Alvarado and Correctional Deputy Barragan assisted Corporal Gerrard in conducting the training activities. Post 503 members enjoyed a unit outing at the Palm Springs Tram. During the trip, members enjoyed hiking in cool weather, seeing wildlife, icy streams and spectacular views of the Coachella Valley and beyond. All of this was experienced simultaneously with Explorer training in wilderness survival. Post 503 members are diligently preparing for their attendance, participation and competition at Explorer Tactical Competition (Chandler, AZ), Ex -Con Explorer Competition (LasVegas, NV) and the Riverside County Sheriffs Department Explorer Academy (Ben Clark Training Center, Riverside, CA). Post 503 meetings are held on Wednesday evenings from 5:00 p.m. until 7:30 p.m. and are held at the Indio station of the Riverside County Sheriffs Office. For additional information, contact Corp. Andy Gerrard at 760-863-8990. /Ak Ll L Crime Statistics Summary September -- 2006 prepared for "Part 1: 1 2 3 4 5 NARCOTICS TRAFFIC CITY OF LA QUINTA Crime Comparison -- September CRIME* September September YTD 2006 YTD 2005 2006 2005 HOMICIDE 0 0 1 0 RAPE 0 1 3 4 ROBBERY 0 5 31 22 ASSAULT, FELONY 14 13 95 98 BURGLARY 60 86 538 592 VEHICLE THEFT 17 19 192 151 LARCENY/THEFT 52 107 615 688 ARSON 1 0 8 6 NARCOTICS 8 6 57 62 TR /CITATIONS 357 314 3268 3023 T/C NON -INJURY 60 33 509 336 DUI 18 21 178 137 T/C INJURY 14 7 99 70 T/C FATAL 1 1 1 1 7 *Attempts not included. **Only Part 1 crimes as reported to the UCR are included. CITY OF LA QUINTA DISPATCH INFORMATION - SEPTEMBER 2006 TYPE OF CALL RESPONSE TIME (MINUTES) NUMBER OF INCIDENTS EMERGENCY 3.86 3 ROUTINE 10.99 1250 All data compiled from the Riverside County Sheriffs Department Data Warehouse. CITY OF LA QUINTA sa,otemt�&r 1:2&96 Crime Distribution NARCOTICS 4.23% RAPE ROBBERY 4.23% HOMICIDE 0.70% LARCENY / THEFT 37.32% VEHIC 11.97% SSAULT, -ELONY 3.52 BURGLARY 38.03% Yior,.4h to month Crime Comparison • September _ © September 2006 0 September 2005 120 , - - 107 100 80 60 40 20 0 HOMICIDE RAPE ROBBERY ASSAULT, BURGLARY VEHICLE THEFT LARCENY/THEFT ARSON FELONY 800 m 400 200 0 HOMICIDE RAPE �a!Ir al Cate "sirs Comparison m September o YTC 2006' D YTC 20051, ROBBERY ASSAULT, FELONY BURGLARY VEHICLE THEFT LARCENYITHEFT ARSON AAA 350 300 250 200 150 100 50 0 TRAFFIC CITATIONS TIC NON -INJURY 3500 3000 2500 2000 1500 1000 500 0 a September 2006 to "lonth ra ! a September 2005 DUI TIC INJURY TIC FATAL "aarr Date Traiffixktiliiy Comparison c YTD 2006 a YTD 2005 TRAFFIC TIC NON- DUI TIC INJURY TIC FATAL CITATIONS INJURY 2500 2000 1500 1000 500 12 20000 18000 16000 14000 12000 10000 8000 6000 4000 2000 0 PWc')rvth to Month Calls for Service Compae-i-son Sep.'ember 2006 Total Non-Crirrinal Criminal Y'aar to Date Calls for Service Comvpsrison -100'70 Total Non -Criminal Criminal 0 06-Sep ca 05-Sep c3 YTD 2006 a YTD 2005 T--'Mf 4 4 a" COUNCIL/RDA MEETING DATE: November 21, 2006 ITEM TITLE: Public Hearing to Consider an Ordinance of the City Council Amending Chapter 9, Section 9.140.080 - Supplemental Regulations of the La Quinta Municipal Code Regulating the Development and Usage of Future Condominium Hotel Units in Tourist Commercial Districts and Limiting the Conversion of Existing Hotels to Condominium Hotels. Applicant: City of La Quinta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Take up Ordinance Number , by title and number only and waive further reading. Introduce Ordinance No. on first reading adding Section 9.140.080 - Supplemental Regulations to the Municipal Code. FISCAL IMPLICATIONS: Positive, but unquantifiable at this time, as it will be dependent on the number of condominium hotels built in the future. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In the last several years, the market for hotel development nationally, and in the Coachella Valley, has changed. It has become increasingly difficult to finance and construct destination resort hotels. Most often, hotel operators require the facility be able to sell a portion or all of its units to individual investors, who have a right to use these units for a portion of each year, and who are either required, or permitted to include their units► in a hotel rental program for the balance of each year. Operationally, "Condo Hotels" can become a problem if not properly managed, insofar as the absentee owners have little contact or control over the long term operation of the facilities. As relates to City revenues, the City collects Transient Occupancy Tax (TOT) for hotel room rentals. TOT, however, can only be collected for stays of 30 days or less, as defined in our Municipal Code. For Condo Hotels, this becomes an issue, as owners and their guests can occupy units for longer periods, and the City risks not being able to collect fees for these longer stays. As a result, the City has, in the past, either conditioned projects individually, and/or entered into individual agreements with project applicants to allow the City to collect the equivalent of TOT for tourist stays of more than 30 days. City staff has determined that an amendment to the Zoning Code is warranted, in order to standardize the process for all future facilities, and eliminate the need for individual conditions of approval and/or agreements for each project proposed. The attached Amendment is intended to meet this need. The Amendment will apply to every land use designation in which hotels would otherwise be allowed. It sets forth the requirements for a Condo Hotel, and enumerates the minimum standards for such facilities, to assure that a high level of quality is maintained. An application process is specified, as well as development standards. Minimum standards for the operators of these facilities are established, to assure they will be properly managed. The Amendment also establishes a system for reporting and collection of fees. Finally, the Amendment prohibits the conversion of existing hotels to Condo Hotel status, in order to assure the City that its TOT tax base will be protected for the long term. The City has evaluated this proposed Amendment and determined it will not have any impacts on the environment. The Amendment is a vehicle to allow a condominium ownership program of future hotel properties. It does not change the General Plan or Zoning Ordinance regulations regarding the location of hotels within the City. Additionally, it does not modify any existing Zoning Ordinance development standards. It only deals with the type of ownership of hotels and reporting and collection of fees. Based upon this evaluation, the City has determined the project is exempt pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act (CEQA) Statutes, and Section 15061(b)(3), review for Exemptions, of the CEQA Guidelines. Public Comments at the Planning Commission Hearing The Planning Commission considered the Zone Text Amendment at its meeting of November 14, 2006. Mr. Rob Bernheimer, representing the owner of the Lake La Quinta Inn, addressed the Commission, and requested that Section 9.140.080(K) be modified -to exclude hotels of 20 rooms or less from the prohibition to convert to Condo Hotels, to allow his facility, and similar facilities, flexibility in their business models in the future. The Commissioners discussed the issue at length, and requested the City Council consider whether small hotels of 20 rooms or less, should be allowed to convert to Condo Hotel status. The Commission voted 3-0, with two Commissioners absent, to recommend to the City Council approval of the Ordinance. P'1 FINDINGS AND ALTERNATIVES: Findings necessary to approve the Zone Text Amendment are included in the attached ordinance. The alternatives available to the City Council include: 1 . Take up Ordinance Number , by title and number only and waive further reading. Introduce Ordinance No. on first reading adding Section 9.140.080 - Supplemental Regulations to the Municipal Code. 2. Take up Ordinance Number , by title and number only and waive further reading. Introduce Ordinance No. on first reading adding Section 9.140.080 - Supplemental Regulations to the Municipal Code, as depicted in Exhibit "B" to the Ordinance, adding an exemption for existing hotels with 20 units or less from the prohibition from converting to Condo Hotels. 3. Do not take up the Ordinance; or 4. Provide staff with alternative direction. Respectfully submitte Douglas R. Evapfs Community Development Director Approved for submission by: Thomas P. Genovese, City Manager ORDINANCE NO. A ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING SECTION 9.140.080 TO THE LA QUINTA MUNICIPAL CODE REGULATING CONDOMINIUM HOTEL DEVELOPMENT AND USAGE AND PROHIBITING CONVERSION OF EXISTING HOTELS INTO CONDOMINIUM HOTELS ZONING TEXT AMENDMENT 2006-088 WHEREAS, the City of La Quinta has proposed this Condominium Hotel Zoning Ordinance ("Condominium Hotel Zoning Ordinance" or this "Ordinance") to add Section 9.140.080 to Chapter 9.140, Supplemental Special Purpose Regulations, to establish regulations for the development and operation of all future Condominium Hotel projects and to prevent the conversion of existing hotels into Condominium Hotels; and WHEREAS, the City Council has given careful consideration to the staff report and all of the information, evidence and testimony presented at a public hearing on the proposed Ordinance, which public hearing was held on !November 21, 2006; and WHEREAS, the City has vacant land zoned and with General Plan designations which provide for the development of new hotels; and WHEREAS, the current trend, both nationally and in California, in the hotel industry is the development and construction of condominium hotels as well as the conversion of existing hotels to condominium hotels, which conversion the City wishes to prohibit; and WHEREAS, with this Condominium Hotel Zoning Ordinance, the City wild establish minimum requirements pertaining to the development, operation and usage standards for condominium hotels while at the same time preserving existing hotels and safeguarding hotel worker jobs and protecting the City's tourism economy; and WHEREAS, the passage of the proposed Ordinance is not a project because it addresses ownership structure and operational requirements, and does not address physical structure or development, and thus it can be seen with certainty that it will not have a significant effect on the environment. Therefore, the proposed amendments are exempt from the provisions of the California Environmental Quality Act ("CEQA"), and no further environmental review is necessary. THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: City of La Quinta Ordinance No. — Zoning Text Amendment 2006-088 Page 2 SECTION 1. Section 9.140.080 is added to the La Quinta Municipal Code to read as follows: A. Purpose. The specific purposes of these regulations are to assure that Condominium Hotel projects are conditioned at the time of development approval in such a way as to ensure appropriate public health, safety, welfare and land use classifications and standards; to mitigate potential impacts of Condominium Hotels on traffic congestion, air quality, building design and safety, police, fire and emergency services; to assure other adequate public facilities; to allow Condominium Hotel development projects some financial flexibility subject to the approval of the City Council; to prohibit conversion of existing hotels to Condominium Hotels; and to provide the City with appropriate development and operational controls over Condominium Hotels. B. Definitions. The following definitions shall govern the construction and interpretation of this Section. 1. Condominium Hotel. A "Condominium Hotel" shall mean a "Hotel" or "Group Hotel" all or part of which constitutes a condominium project in which one or more of the Units are individually owned, but are intended to be available for "Transient" use (as those terms are defined in Section 3.24.020 of the La Quinta Municipal Code), when not being used by the Unit Owner. 2. Development Agreement. For purposes of this Section, the term "Development Agreement" shall mean any of the following: (1) a statutory development agreement Government Code sections 65864 development agreement entered into City's Redevelopment Agency; o agreement entered into between Redevelopment Agency. entered into pursuant to et seq.; (2) a disposition and between an applicant and the (3) an owner participation an applicant and the City's 3. Effective Date. The "Effective Date" shall mean the date on which the ordinance adopting this Section becomes effective. 4. First Class Condominium Hotel. A "First Class Condominium Hotel" shall mean a Condominium Hotel where both of the following apply: (1) the Condominium Hotel has a brand Operator or an independent Operator that is experienced in the "Upscale Segment" or "Luxury Segment of the hospitality industry as defined by J.D. Power and Associates; and (2) the Condominium Hotel satisfies the published City of La Quinta Ordinance No. Zoning Text Amendment 2006-088 Page 3 requirements that will be sufficient -for a ranking of no fewer than Three Stars in the most recent annual awards list published from time to time by AAA Travel Guides or by the Mobil Travel Guide. 5. Operator. "Operator" shall mean the entity designated by the owner of the Condominium Hotel or, if all of the common area of a Condominium Hotel is owned by a condominium owners' association, designated by such association, to manage the Condominium Hotel. 6. Personal Use. "Personal Use" shall mean the use or occupancy of a Unit by an Owner or any non-paying guest of an Owner for whom the Owner may, and does, reserve its Unit. Use of a Unit arising out of an exchange program with an affiliated hotel property shall be considered Personal Use by the Owner. 7. Unit. "Unit" shall mean a condominium unit, as shown on a recorded condominium plan, which is located within a Condominium Hotel. 8. Unit Owner. "Unit Owner" or "Owner" shall mean an individual or entity that acquires any ownership interest in, and holds title to, one or more Units. C. Condominium Hotel Regulations. No person or entity shall construct or operate a Condominium Hotel within the City without first obtaining all necessary entitlements pursuant to this Section and pursuant to other applicable provisions of the La Quinta Municipal Code. All other provisions of the La Quinta Municipal Code, including, without limitation, Title 8 (Buildings and Construction), Title 13 (Subdivisions), and Title 9 (Zoning Code) shall be applicable to the construction and maintenance of Condominium Hotels; provided however, that the more specific provisions contained in this Section shall prevail over any general provisions set forth in the La Quinta Municipal Code. A Condominium Hotel shall be allowed as a conditionally permitted use, subject to the terms of this Section, and only within those zoning districts in which Hotels or similar tourist and vacation accommcdations are expressly permitted either conditionally or as of right, pursuant to the terms of Title 9 (Zoning Code) and/or any applicable specific plan. Each application for a Condominium Hotel will be reviewed by the City's Planning Commission and City Council. If the Planning Commission recommends granting approval of the application, the City Council shall set notice of a public hearing to be held within forty five (45) days thereafter or such later date as may be set by the City Council. Approval shall be subject to required conditions necessary to carry out the provisions of this Section. City of La Quinta Ordinance No. Zoning Text Amendment 2006-088 Page 4 D. Application for Condominium Hotel. An application for a Condominium Hotel shall include the following six (6) requirements, in addition to any other information that the City may determine is necessary to review the application. No Condominium Hotel may be approved without approval of all of the following requirements: 1. Development Agreement. A proposed Development Agreement application, which shall provide for enforcement of all conditions and standards required by this Section. In addition to any other provisions that may properly be included within the Development Agreement, the parties may agree to terms and conditions that are different from, or in addition to, and supersede, the provisions and requirements of this Section. The City shall include such terms as it deems necessary to ensure that the Condominium Hotel operates as the equivalent of a Traditional hotel. The Development Agreement shall also include a draft Declaration of Covenants, Conditions and Restrictions pursuant to paragraph G below. 2. Conditions, Covenants and Restrictions ("CC&R's"). The proposed CC&R's for the Units. 3. Environmental Assessment. Information necessary for the City to perform an environmental assessment of the proposed Condominium Hotel project, pursuant to the California Environmental Quality Act (Public Resources Code, § § 21080-21094 and its implementing regulations). 4. Subdivision Application. Each Condominium Hotel application shall be accompanied by an application for a tentative or vesting tentative map pursuant to Title 13 of the La Quinta Municipal Code. 5. Specific Plan. Each Condominium Hotel application shall be accompanied by an application for a specific plan or be within an approved specific plan area which permits such use, pursuant to Government Code sections 65450 et seq. 6. Site Development Permit. Each Condominium Hotel application shall be accompanied by an application for a site development permit pursuant to Section 9.210 of the Zoning Code. E. Development Standards. The Condominium Hotel shall comply with all the development, use, area, parking and other applicable standards of the zone or applicable specific plan in which the project is located. * t � 5 City of La Q.ainta Ordinance No. _ Zoning Text Amendment 2006-088 Page 5 F. Condominium Hotel Standards, Conditions and Requirements. In addition to the standards referenced in this Section, each Condominium Hotel is required to meet the following additional standards, conditions and requirements: 1 . No Unit may be used as a full-time or permanent residence, except as set forth in the next paragraph. 2. No more than one (1) Unit in each Condominium Hotel may be used for the full-time or permanent residential occupancy by a person or family serving as the on -site manager of the Condominium Hotel. Such Unit must be owned by the owner or operator of the Condominium Hotel or 1�he owners' association, and shall not be used for homestead purposes. 3. At its sole cost and expense, each individual Unit Owner may choose to hire any rental agent of its selection, or the Operator or an affiliate, for the purpose of advertising the rental availability of, and procuring potential renters for, the Owner's Unit. Unit Owners may also rent their Units themselves. When not being used for Personal Use, each Unit shall be available for rentaV as a Hotel accommodation. The Operator shall have the right, working through the Unit Owner or its designated rental agent, to book any unbooked room to fulfill demand, and to charge a reasonable booking fee for each such booking. 4. Hotel guests (whether Transient or Personal Use and not including any on -site manager) are prohibited from occupying or remaining in any Unit for more than twenty-nine (29) consecutive days, with a minimum seven (7) day period intervening between each twenty-nine (29) consecutive day use period. 5. Personal Use shall not exceed (i► thirty (30) days in the aggregate during the period of November 1 through April 30; or (ii) sixty (60) days in any calendar year, unless the owner engaging in such Personal Use satisfies all requirements for such excess use as set forth in the Declaration. 6. All Units shall be completely furnished with furniture, fixtures and equipment to the standards established by the owner or operator of the Condominium Hotel. A furniture, fixtures and equipment reserve account shall be established and maintained in order to maintain and, when necessary, replace the furniture, fixtures and equipment within the Units to maintain the facility in its First Class Condominium Hotel standard. City of La Quinta Ordinance No. Zoning Text Amendment 2006-088 Page 6 7. The proposed location, use, and design of the Condominium Hotel shall be consistent with the City's general plan, zoning ordinances, and any specific plan covering the area in question. 8. In accordance with the existing provisions of Chapter 3.24 of the La Quinta Municipal Code, every Condominium Hotel shall be subject to the City's transient occupancy tax requirements, as may be amended from time to time. The Owner of a Condominium Hotel Unit shall receive golf and other benefits which are available to residents of La Quinta on the same terms, and subject to the same conditions, as are applicable to such residents. 9. ,Any proposed Condominium Hotel that will not, as proposed, qualify as a First Class Condominium Hotel shall not be eligible to operate as a Condominium Hotel in the City of La Quinta. G. Provisions for Declaration. The Development Agreement submitted with the Condominium Hotel application shall include a draft Declaration of Covenants, Conditions and Restrictions ("Declaration") (which shall be separate and apart from the CC&Rs required to create the Units as condominiums pursuant to California law) which must be approved by the Community Development Director and the City Attorney prior to final approval of the Condominium Hotel application, and thereafter recorded against the Condominium Hotel in the Riverside County Recorder's Office. The Declaration shall include the following provisions: 1. The Declaration shall require the Units to be included within a Hotel, and (other than the Unit occupied by an on -site manager) made available as a Hotel accommodation when not being used for Personal Use. 2. The Declaration shall require that the Operator manage the Units for the Unit Owners pursuant to the Operator's then -standard form of agreement, and provide to the Condominium Hotel, the Property, and the Occupants and Owners of the Units, on a seven (7) day a week basis, any or all "on property" services commonly provided at First Class Condominium Hotels and Resorts, including without limitation, such services as front desk check -in and check-out services (including electronic keys), routine housekeeping, laundry and dry cleaning, room service, catering and other food and beverage services, spa services, concierge services, parking and bellman services to the Unit Owner and the Unit Owner's guests. The availability and right to use such services shall be conditioned upon payment of such charges or fees as may be imposed generally on hotel guests. As to the availability and right to use services such as front desk _ �r .k City of La Quinta Ordinance No. — Zoning Text Amendment 2006-088 Page 7 check -in and use of resort pools, lobbies, recreational facilities, etc., which are not separately charged to Hotel guests, use will be conditioned upon the payment of such fees as are determined by the Operator to be appropriate to reflect the allocable costs of such services and facilities attributable to each Unit within the Hotel. The Operator shall have the exclusive right to restrict and control access to any and all shared facilities within the Condominium Hotel, provided the same does not restrict a Unit Owner's right of access to her, his or its Unit, except that Unit access shall be subject to mandatory registration at the Hotel front desk to obtain a key to the Unit, which key shall be an electronic key. The Operator's management obligations shall also include upkeep and repair of the interior of each Unit, and monitoring and managing repair and replacement of furniture, fixtures and equipment, both at the Unit Owner's sole cost and expense. 3. The Declaration shall require the Operator to provide a quarterly report to -the City that contains all of the following information on each Unit: (a) -the number of said Unit; (b) the name, address and telephone number of -the Owner of the Unit; (c) whether the Operator is and has been the rental agent for said Unit during the immediately preceding calendar quarter; (d) the Personal Use during the immediately preceding calendar quarter; (e) the name and address of any occupant of the Unit (other than the Owner) whose occupancy exceeded the twenty-nine (29) day maximum; and (f) the TOT that has been collected by the Operator and remitted to the City for use of said Unit during the immediately preceding calendar quarter. 4. The Declaration shall require the Condominium Hotel owner or, if none, the Condominium Hotel's owner's association to hire a qualified professional Operator to manage, maintain and operate all portions of the Condominium Hotel in a manner consistent with the First Class Condominium Hotel Standard required by this Section. The Operator shall have at least five (5) consecutive years of experience in the hotel management business in hotels that meet the First Class Condominium Hotel standard and have no fewer than ten (10) other properties (each in separate cities, or distinct and separate projects in any given city, nationally or internationally) under current management. The Condominium Hotel Owner or owner's association, as the case may be, shall provide the City with appropriate documentation to demonstrate that the proposed Operator meets the requirements of this Subsection, to be approved by City staff prior to issuance of a certificate of occupancy for the Condominium Hotel. Upon request by the applicant, the City City of La Quinta Ordinance No. Zoning Text Amendment 2006-088 Page 8 Manager may waive the experience standards required above upon finding that the proposed Operator has comparable substitute experience and qualifications. The Declaration shall include provisions regarding proposed changes in the Operator. 5. The Declaration shall give the Condominium Hotel Owner, Operator, and the City the right, power and obligation to enforce the First Class Condominium Hotel standard including, without limitation, the right to enter any portion of the Condominium Hotel, and any individual Condominium Hotel Units, to cure, or cause the Unit Owner to cure, any failure to meet the First Class Condominium Hotel standard; and shall permit the enforcement by the City, in its discretion, of this Section and the Declaration. 6. The Declaration shall provide that Hotel guests (whether Transient or Personal Use and not including any on -site manager) are prohibited from occupying or remaining in any Unit for more than twenty-nine (29) consecutive days, with a minimum seven (7) day period intervening between each twenty-nine (29) consecutive day use period. 7. The Declaration shall provide that Personal Use shall not exceed (i) thirty (30) days in the aggregate during the period of November 1 through April 30; or (ii) sixty (60) days in any calendar year, unless provisions for such excess use are provided for in the Development Agreement and are complied with by the Unit Owner. 8. Subject to applicable California general law and Department of Real Estate regulations, and unless otherwise provided in the Development Agreement, the Declaration shall provide that the obligation to pay any fees or changes provided for in the Development Agreement shall be secured by a lien in favor of the City encumbering the Units for the amount owed, including any permitted penalties or interest, and that the City shall have the right, but not the duty, to foreclose on any such liens through equitable or legal proceedings. 9. The Declaration shall provide that it shall not be amended without the prior written consent of the City. H. Reporting and Inspection. Upon request of the City Manager, each Owner, the Condominium Hotel association and the Operator shall maintain, on -site, and regularly make available to the City and its employees and agents such information, books, records, and documentation, including all records relating to Personal Use � I U City of La Quinta Ordinance No. Zoning Text Amendment 2006-088 Page 9 and Transient use of each Unit, and also shall allow reasonable access to individual Units, as the City finds necessary to have or review in order to ensure that the City may determine and enforce the Condominium Hotel's compliance with this Section and other applicable City laws, regulations, the Condominium Hotel conditions, the Development Agreement, and the Declaration. The original and, upon each change, every subsequent Operator shall immediately advise the Community Development Director of its name, qualifications, address, telephone number and the name of a contact 'person. I. Conversions. An express purpose of these regulations is to preserve and enhance the City of La Quinta's existing Hotel inventory. All existing Hotels are prohibited from converting to Condominium Hotels from and after the Effective Date. Thereafter, no other conversions to Condominium Hotels shall be allowed in any zone. J. Prohibited Units. No provision herein shall be deemed to permit a timeshare, fractional or other vacation ownership unit if otherwise prohibited by the La Quinta Municipal Code. SECTION 2. SEVERABILITY. The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 3. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and welfare. SECTION 4. All ordinances or parts of ordinances in conflict with the provisions of this Condominium Hotel Zoning Ordinance are hereby superseded by this Ordinance, to the extent they are inconsistent with this Ordinance. SECTION 5. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 6. PUBLICATION. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. ,�a City of La Quinta Ordinance No. Zoning Text Amendment 2006-088 Page 10 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of November, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California EXHIBIT "B" I. Conversions. An express purpose of these regulations is to preserve and enhance the City of La Quinta's existing Hotel inventory. All existing Hotels are prohibited from converting to Condominium Hotels from and after the Effective Date. Thereafter, no other conversions to Condominium Hotels shall be allowed in any zone, except that existing hotels with less than 20 units may apply to convert provided all other sections of this Ordinance are complied with, provided that the City Council finds that such conversion is in the best interest of the City. Taf 4 XP Q" COUNCILIRDA MEETING DATE: November 21, 2006 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution of the City Council Certifying a Negative Declaration for Environmental Assessment 2006-576, and Approving General Plan Amendment 2006-108, and Zone Change 2006-130 (Pre -Annexation Zoning) for the Property Located North of the Current City Limits, East of Washington Street. Applicant: City of La Quinta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Negative Declaration of environmental impact for Environmental Assessment 2006-576; and Adopt a Resolution of the City Council approving General Plan Amendment 2006- 108; and Take up Ordinance Number , by title and number only and waive further reading. Introduce Ordinance No. on first reading establishing pre -annexation zoning for Assessor's Parcel Numbers 609-040-007 and 609-040-023, and a portion of Assessor's Parcel Number 609-040-005, as depicted in Exhibit A; and Adopt a Resolution of the City Council requesting that Riverside County Local Agency formation take proceedings for the annexation of 12.42 acres, and concurrent Amendment of the City's Sphere of Influence; and Direct the City Manager to sign the Plan of Services. FISCAL IMPLICATIONS: The action will have no fiscal implications. The purchase of the property by the Redevelopment Agency will result in an expenditure of $8,800,000. In addition, there will be a cost of $9,000 for filing fees to the Local Agency Formation Commission. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Redevelopment Agency has entered into agreements to purchase three parcels of land (Attachment 1) located north of the City's current Sphere of Influence to meet its Five Year Implementation Plan requirements for the provision of affordable housing. The parcels in question are (Attachment 2): 1. Assessor's Parcel No. 609-040-007 and 609-040-023 totaling 4.79 acres. 2. Assessor's Parcel No. 609-040-005 is 15 acres, of which the Agency would purchase the westerly 6.83 acres. The first two parcels consist of a total of 73 units, as well as ancillary facilities. All the units are occupied. The project is restricted to low-income senior and disabled residents. The third parcel is vacant. The next step in the acquisition process is to process a Sphere of Influence Amendment and Annexation request through the Local Agency Formation Commission (LAFCO). The pre -zoning of the properties is a requirement of these requests. The existing County General Plan designation for the properties is Medium- Density Residential (2-5 units per acre), and the County Zoning designation is R-3-2000 for the existing apartments, and R-1-12,000 for the vacant parcel. Under the County General Plan, the existing apartment project is a legal non -conforming use. The County General Plan would allow up to 38 single-family homes on the vacant parcel. Surrounding Land Uses The annexation area is bordered by multi -family residential land uses on the north, vacant lands on the east, multi -family residential under construction on the south, and single-family residential and institutional uses on the west, across Washington Street. Land Use Compatibility The annexation area is located on the heavily traveled Washington Street corridor. The existing apartments are within walking distance of shopping and social activities, as well as public transit. Apartments are located immediately north and a new apartment project is under construction south of the site. Low -Density designations in the County occur for vacant and developed lands to the east of the annexation area. High -Density Residential designated lands at this location allow for the development of additional multi -family units on Washington Street, in an area which is impacted by traffic and noise. The sitting of apartment structures can provide an effective buffer from these impacts, by creating a physical barrier with structures which are oriented to the interior of the site. High -Density Residential at this location also provides for transition and buffering to the lands planned for single-family residential units to the east. F General Plan Consistency The proposed annexation, and associated pre -annexation General Plan and Zoning designations, are consistent with the following General Plan goals and policies: Land Use Element, General Land Use Goals and Policies Policy 8: The City shall carefully consider Sphere of Influence and subsequent annexations to accommodate growth. Land Use Element, Residential Land Use Goals and Policies GOAL 2: A broad range of housing types and choices for all residents of the City. Policy 2: Encourage compatible development adjacent to existing neighborhoods and infrastructure. Policy 6: The City will use development incentives to achieve a mix of housing, including affordable housing. Program 6.1: The City shall monitor the progress made to achieve its dousing Element mandated goals for the provision of housing, and shall consider amendments to the General Plan when necessary to help achieve those goals. Housing Element — Section 11.0 Adequate Housing Resources Goals, Policies and Programs: GOAL 1: Provision of a diversity of housing opportunities to satisfy the physical, social and economic needs of existing and future residents of La Quinta. GOAL 2: Maintain a sufficient inventory of developable land at varying densities to accommodate the existing and project needed housing supplies. Program 1.4: Direct new housing development to viable areas where essential public facilities can be provided and employment opportunities, educational facilities and commercial support are available. Policy 2: Develop and implement regulatory actions that will advance the production of units affordable to low- and moderate- income households. Other Actions In addition to the actions described above, the Local Agency Formation Commission (LAFCO) requires the submittal of a Resolution of the Council asking it to proceed with the annexation and sphere of amendment request. Such a Resolution, in a format acceptable to LAFCO, is attached for the City Council's consideration. Please note that the acreage shown in this resolution is slightly more (0.80 acre) than in the General Plan and Zoning actions, because the annexation area includes the area to the centerline of Washington Street, whereas the General Plan and Zoning designations apply only to the three parcels, and do not include Washington Street. 3 Finally, the annexation process requires the completion of a Plan of Services, which illustrates how the City will serve the property with such services as police and fire, water and sewer, educational facilities, etc. A Plan of Services has been prepared, and is attached for the City Council's consideration. If acceptable to the City Council, the Plan of Services must be signed by the City Manager prior to its submittal to LAFCO. Public Comments at the Planning Commission Hearing Two persons spoke to the annexation request at the Planning Commission hearing. Mr. Robert Farrow, member of the Bermuda Dunes Community Council, stated that the Council opposes the annexation because it keeps taking small pieces of the Bermuda Dunes community away, as has been done in the past, shrinking what was once a much larger area to a smaller and smaller one. Mr. John Brohas, who owns the property to the east of the proposed annexation area, stated that although he did not oppose the annexation, he did oppose the high -density Residential designation, because theirs is a low -density area, and they would like to develop their property into large estate lots. FINDINGS AND ALTERNATIVES: Findings necessary to approve the Environmental Assessment, General Plan Amendment and Change of Zone are included in the attached resolutions and ordinance. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Negative Declaration of environmental impact for Environmental Assessment 2006-576; and Adopt a Resolution of the City Council approving General Plan Amendment 2006-108; and Take up Ordinance Number , by title and number only and waive further reading. Introduce Ordinance No. on first reading establishing pre -annexation zoning for Assessor's Parcel Numbers 609-040-007 and 609-040-023, and a portion of Assessor's Parcel Number 609-040-005, as depicted in Exhibit A; and Adopt a Resolution of the City Council requesting that the Riverside County Local Agency formation take proceedings for the annexation of 11.62 acres, and concurrent amendment of the City's Sphere of Influence; and Direct the City Manager to sign the Plan of Services; or 2. Do not approve the Resolutions and do no introduce the Ordinance; or � N 3. Provide staff with alternative direction. Respectfully submitted, i . + t i [` J D uglas . Evans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Aerial photo 2. Assessor's Map 5 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR GENERAL PLAN AMENDMENT 2006-108 AND ZONE CHANGE 2006-130, ANNEXATION #18 CASE NO.: ENVIRONMENTAL ASSESSMENT 2006-576 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta did on the 21 st day of November, 2006, hold a duly noticed public hearing to consider the request of the City of La Quinta for approval of Environmental Assessment 2006-576 for General Plan Amendment 2006-108, Zone Change 2006-130 and Annexation #18, referred to as the "Project" for the annexation of 1 1.62 acres of land located at the southeast corner of Hidden River Road and Washington Street, and more particularly described as: A.P.N: 609-040-005, 609-040-007, 609-040-023 WHEREAS, the Planning Commission of the City of La Quinta did on the 17th day of October, 2006, hold a duly noticed public hearing and adopted Resolution 2005-037 recommending certification of Environmental Assessment 2006-576; and, WHEREAS, the City has prepared the Initial Study and Negative Declaration in compliance with California Environmental Quality Act (CEQA) and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., (CEQA Guidelines); and WHEREAS, the City mailed a Notice of Intent to adopt the Negative Declaration in compliance with Pubic Resources Code Section 21092 on the 11 th day of October, 2006 to the Riverside County Clerk; and WHEREAS, the City published a Public Hearing Notice to adopt the Negative Declaration and associated Initial Study in the Desert Sun newspaper on 101h day of November, 2006, such notice was also mailed to all landowners within 500 feet of the Project Site, and all public entities entitled to such notice; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following findings to certify said Environmental Assessment: 1. That the Negative Declaration has been prepared and processed in compliance with the State CEQA Guidelines and the City's implementation procedures. The Planning Commission has independently reviewed and considered the information City Council Resolution No. 2006- Environmental Assessment 2006-576 — Annexation 18 City of La Quinta Adopted: November 21, 2006 information contained in the Negative Declaration, and finds that it adequately describes and addresses the environmental effects of the Project, and based upon the Initial Study, the comments received thereon, and the entire record of proceeding for this Project, that there will not be a significant environmental effect resulting from this project. 2. The Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant impacts were identified by Environmental Assessment 2006-576. 3. The Project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number, or restrict the range of, rare or endangered plants or animals or eliminate important examples of the major periods of California history, or prehistory. 4. There is no evidence before the City that the Project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 5. The Project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 6. The Project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the Project. 7. The Project will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant unmitigated impacts have been identified which would affect human health, risk potential or public services. 8. The City Council has fully considered the proposed Negative Declaration and the comments, if any, received thereon. 9. The Negative Declaration reflects the independent judgment and analysis of the City Council. City Council Resolution No. 2006- Environmental Assessment 2006-576 — Annexation 18 City of La Quinta Adopted: November 21, 2006 10. The location of the documents which constitute the record of proceedings upon which the City Council decision is based upon is in the La Quinta City Hall, Community Development Department, 78-495 Calle Tampico, La Quinta, California 92253. 11. Based upon the Initial Study and the entire record of proceedings, the Project has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code § 711.2. 12. The City Council has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 California Code of Regulations 753.5(d). NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct, and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify a Negative Declaration of environmental impact for Environmental Assessment 2006-576 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, on file in the Community Development Department and attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2Vtday of November, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California City Council Resolution No. 2006- Environmental Assessment 2006-576 — Annexation 18 City of La Quinta Adopted: November 21, 2006 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Environmental Checklist Form 2. 9 5 791 Project title: General Plan Amendment #2006-108, Change of Zone 2006-130, and Annexation #18 into the City of La Quinta. A General Plan Amendment and Change of Zone to establish pre -annexation designations for 11.3 acres for lands to be added to the City's sphere of influence and corporate boundaries. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Contact person and phone number: Doug Evans 760-777-7125 Project location: East side of Washington Street, south of Hidden River Road. Assessor's Parcel Numbers: 609-040-005 and -007 Project sponsor's name and address:: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 General plan designation: County: Medium Density Residential (2-5 du/ac) Proposed: High Density Residential (up to 16 units/acre) 7. Zoning: County: R-3-2,000 and R-1-12,000 Proposed: High Density Residential (up to 16 units/acre) 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The General Plan Amendment and Change of Zone are required as part of a Sphere of Influence amendment and Annexation request to the Local Agency Formation Commission. The pre -annexation designation being sought is High Density Residential, allowing up to 16 units per acre. The City of La Quinta proposes the amendment of its sphere of influence, and concurrent annexation of two parcels of land currently located in unincorporated Riverside County. The northerly parcel, consisting of 3.79 acres, is fully developed with 72 existing apartments. The vacant land, 7.5 acres in size, is currently vacant. The vacant property could be developed with up to 120 additional multi -family residential units. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Hidden River Road, multi -family residential development South: Under construction, High Density Residential West: Washington Street, single family residential development East: Vacant desert lands -1- 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Riverside County Local Agency Formation Commission -2- 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: X 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 uppin the proposproject, nothing further is required. X Signature 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 proj ect. 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 proj ect's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance .-. -% n > 0 #,. -4- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing visua X character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial light X or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-d) The General Plan Amendment, Change of Zone, sphere of influence amendment and annexation will not, in and of themselves, have any impact on aesthetics. The eventual development of 120 multi -family residences on the southerly 7.5 acres will result in the construction of buildings which are likely to be 2 or 3 stories in height. This is consistent with the City's Zoning Ordinance standards for the High Density Residential designation. The site is located on a major arterial roadway, and development of 2 or 3 story buildings will be similar in nature to development in the area. Views in this area are primarily to the southwest. Properties to the east, developed as single family residential, will not be significantly impacted by development to the west, insofar as their viewsheds to the southwest will continue. In addition, the City's Zoning standards require additional setbacks, depending on building height, in the High Density Residential zone. Development standards and site plan review procedures will be required by the City when development occurs on the site. These processes will assure that potential impacts associated with the design of the project relating to aesthetics are reduced to a less than significant level. There are no rock outcroppings, significant trees or historic structures on the site. The eventual development of up to 120 multi -family residential units on the property will increase light on the site, which is currently vacant. The primary sources of light associated with this development will be landscaping and building lighting, and lighting associated parking and with vehicle traffic. The northerly 3.79 acres is currently developed, and impacts associated with light will not change from current conditions. The vacant land is located on a major arterial, which already is impacted by light sources, primarily vehicles. The City will enforce lighting standards contained in its Zoning Ordinance, which prohibit the spillage of lighting to adjacent properties. These standards will assure that impacts will assure that impacts associated with lighting will be kept at less than significant levels. -6- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE, RESOURCES: Would theproject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map) II. a)-c) The General Plan Amendment, Change of Zone, sphere of influence amendment and annexation will not, in and of themselves, have any impact on agricultural resources. The northerly parcel is currently fully developed, and no change will occur on this parcel. The vacant lands is currently vacant desert lands, and no agricultural activity occurs on the parcel. The parcels are both designated and zoned for urban residential development on the County General Plan and Zoning maps. The City also proposes urban residential designations. The land is not appropriate for agricultural activities, given its location on a major arterial, with urban development surrounding it. There are no Williamson Act contracts on either property. Commercial nurseries are located several hundred feet to the east of the proposed annexation area. The annexation of the subject parcels will have no impact on these nurseries. No impacts associated with agricultural resources will result from the proposed project. ere Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 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)-e) The General Plan Amendment, Change of Zone, sphere of influence amendment and annexation will not, in and of themselves, have any impact on air quality. The northerly 3.79 acre parcel is fully developed, and air emissions from this property will not change. The eventual development of the 7.5 acres will generate emissions during construction and operation of the up to 120 residential units which could occur on the site. Both parcels have been considered for development in the County General Plan. The County General Plan was part of the basis for the preparation of South Coast Air Quality Management District plans for the Coachella Valley. As a result, ultimate development of the vacant lands is expected to be consistent with the District's plans for the Coachella Valley. During construction, the vacant land has the potential to generate fugitive dust caused by grading activities. The Coachella Valley is a non -attainment area for PM10 (particulate matter of 10 microns or less). Fugitive dust can be a source of PM10. Table 1, below, illustrates the potential dust generation from the vacant land, should it be mass graded. 10 Table 1 Fugitive Dust Potential (Dounds Der dav) Total Acres to be Factor Total Potential Dust Disturbed at Buildout* (lbs./day/acre) Generation (lbs./day) 7.5 26.4 198.0 Source: Table A9-9, "CEQA Air Quality Handbook," prepared by South Coast Air Quality Management District, April 1993 As demonstrated in the Table, fugitive dust will exceed SCAQMD thresholds of significance, without mitigation. However, the City requires the preparation of PM10 Management Plans for all construction projects. These plans include best management practices required by the 2003 Coachella Valley PM10 Management Plan to reduce dust generation on construction sites. The Management Plan for the vacant lands will assure that impacts associated with grading of the site will result in less than significant impacts to air quality. The construction of up to 120 multi -family residential units has the potential to generate up to 791 trips per day'. These trips will impact regional air quality through exhaust emissions. The total emissions anticipated as a result of these trips are illustrated in Table 2, below. Table 2 Moving Exhaust Emission Projections at Project Buildout (hounds Der dav) Total No. Vehicle Trips/Day Ave. Trip Total Length (miles) miles/day 791 x 15 = 11,865 Pollutant CO NOX ROG SOX PM10 Pounds 152.1 16.1 16.4 0.1 1.4 SCAQMD Thresholds of Significance 550 55 55 150 150 URBEBMIS Version 2.2 Scenario Year 2007 -- Model Years 1965 to 2007 Pollutant - Vehicle CO NOX ROG SOX PM 10 0.01282C 0.001361 0.001383 O.00OOOS 0.000115 As shown in the Table, operation of the 120 units will not exceed SCAQMD thresholds of significance. Impacts are therefore expected to be less than significant. I "Trip Generation, 7 h Edition," prepared by the Institute of Transportation Engineers, for category 221, Low -Rise Apartments. -9- >J 0 The annexation will not generate objectionable odors, and will not expose sensitive receptors to concentrations of pollutants. 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. 72 ff.) b) Have a substantial adverse effect on an 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. 72 ff.) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA p. 72 ff.) d) Interfere substantially with the X movement of any native resident or migratory fish or vvildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan MEA p. 72 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. 72 ff.) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state -11- habitat conservation plan? (General Plan MEA p. 72 ff.) IV. a)-f) The General Plan Amendment, Change of Zone, sphere of influence amendment and annexation will not, in and of themselves, have any impact on biological resources. Future development on the site will be reviewed by the City under the provisions of CEQA. As the vacant land is not developed, this will include consideration of biological resources. However, the vacant land is not located near an area designated for special status species habitat, and is sparsely vegetated. It is likely that the parcel does not harbor sensitive species. The proposed project site is located within the mitigation fee area for the Coachella Valley Fringe -toed Lizard, and shall be required to pay the mitigation fee in place at the time development occurs, if that Plan is still in effect. If the City has adopted the Multiple Species Habitat Conservation Plan, that fee will apply. -12- 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? ("A Phase I Archaeological Survey Report...," L&L Environmental, December 2003) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to ' 15064.5? ("A Phase I Archaeological Survey Report...," L&L Environmental, December 2003) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (MEA Exhibit 5.9) d) Disturb any human remains, including X those interred outside of formal cemeteries? ("A Phase I Archaeological Survey Report...," L&L Environmental, December 2003) V. a)-d) The General Plan Amendment, Change of Zone, sphere of influence amendment and annexation will not, in and of themselves, have any impact on cultural resources. No further development will occur on the northerly parcel. On the vacant land, the City will conduct review under CEQA when development is proposed. This will include review of the project site by the Historic Preservation Committee, which has jurisdiction over recommendations on archaeological and historic resources. This requirement of the City will assure that potential impacts associated with archaeological and historic resources are less than significant. Both parcels are outside the historic lake bed of Lake Cahuilla, and no paleontologic resources are expected to occur on the site. Neither parcel is known to have been a burial ground or cemetery. California law requires that any remains unearthed during grading be reported to law enforcement authorities, who follow a strict protocol for their recovery. These requirements of law will assure that impacts to human remains are less than significant. -13- r s �. 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, as X 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 known fault? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? (MEA X Exhibit 6.2) 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 the X loss of topsoil? (MEA Exhibit 6.5) d) Be located on expansive soil, as defined X in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Building Code) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan EIR) VI. a)-e) The General Plan Amendment, Change of Zone, sphere of influence amendment and annexation will not, in and of themselves, have any impact on geologic resources. Both parcels will be subject to significant ground shaking in the event of an earthquake. The northerly parcel is developed, and no further impacts are expected from that development. The vacant land could eventually see the development of up to 120 multi- family residential units. These units will be required to submit building plans prior to construction. The City reviews building plans using the latest provisions of the Uniform -14- �+ Building Code for seismically active areas. The plans will be required to conform to these standards, thereby reducing impacts to less than significant levels. Neither site is subject to liquefaction, due to the depth to groundwater. The area is flat, and no landslide potential occurs. Development on the vacant land will be required to comply with City standards to prevent erosion during construction. Soils in the City are not expansive. The vacant land, when developed, will be required to connect to sanitary sewer service provided by the Coachella Valley Water District (CVWD). Overall impacts associated with soils and geology are expected to be insignificant. -15- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the public X or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the public X or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Applicatio materials) 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? (Riverside County Hazardou Materials Listing) e) For a project located within an airport X land use plan or, where such a plan has no 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 General Plan Amendment, Change of Zone, sphere of influence amendment and annexation will not, in and of themselves, have any impact from hazards and hazardous materials. Any residential project proposed on the vacant land will be added to the City's waste franchisee's, Waste Management of the Desert, service area. Waste Management is responsible for the appropriate disposal of the small amounts of household hazardous waste generated in residential projects. Overall impacts are expected to be insignificant. The two parcels are not located in an area subject to wildland fires. -17- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY -- Would theproject: a) Violate any water quality standards or X waste discharge requirements? (General Plar 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 o 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-87 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-87 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-87 ff. f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Rate Map or other flood hazard delineation map? (General Plan EIR p. III-87 ff.) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a) & b) The General Plan Amendment, Change of Zone, sphere of influence amendment and annexation will not, in and of themselves, have any impact on hydrology or water resources. The Coachella Valley Water District (CVWD) currently provides water to the northerly parcel. When development occurs on the vacant land, domestic water will supplied by CVWD also. CVWD has prepared a Water Management Plan which indicates that it has sufficient water sources to accommodate growth in its service area. CVWD has implemented or is implementing water conservation, purchase and replenishment measures which will result in a surplus of water in the long term. The City will require compliance with NPDES standards, requiring that potential pollutants not be allowed to enter surface waters, and that storm flows be controlled within a project site. These City standards will assure that impacts to water quality and quantity will be less than significant. VIII. c) & d) The City requires that all projects retain the 100 year storm on site. When development occurs on the vacant land, the City Engineer will review and approve the drainage analysis for the project proposed prior to the issuance of any permits. These City standards will assure that impacts of build out of the land associated with hydrology will be less than significant. VIII. e)-g) Neither parcel is located in a flood zone as designated by FEMA. -19- 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) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) IX. a)-c) The General Plan Amendment, Change of Zone, sphere of influence amendment and annexation will not, in and of themselves, have any impact on land use and planning. The County General Plan currently designates the parcels Medium Density Residential. As such, the existing apartment building is non -conforming. The balance of the property is vacant, and under the County General Plan, could develop into up to 38 residential units. The City proposes High Density Residential on all annexed properties, which will make the existing apartments on the northern parcel conforming with the General Plan, and will allow up to 120 residential units on the vacant lands. City General Plan designations immediately to the south of the proposed annexation area include High Density Residential, Commercial Office and Community Commercial. The proposed pre - annexation zoning will therefore be consistent with City designations in this area. Lands to the east, which will remain in the County, are generally designated for lower density residential development. The City's zoning development standards, including requirements for additional setbacks for multiple story buildings, will provide a buffer to these land uses. Impacts associated with land use compatibility are expected to b insignificant. Development on both sides of Washington Street in this area is a mix of single family residential, multi -family residential and institutional uses. Immediately to the south of the annexation area, apartments are currently under construction within the City limits. The development of additional multi -family dwellings on the vacant land, therefore, is consistent with both the City's proposed designation, and the character of the area in which the land is located. No impacts are expected. . 11 1? 1t -20- The ultimate development of the vacant lands will not displace an existing community. No change is anticipated to the northerly parcel, which will continue to be an apartment project. Future development will be required to comply with habitat conservation planning adopted at the time that development occurs. -21- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the proj ect: 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 General Plan Amendment, Change of Zone, sphere of influence amendment and annexation will not, in and of themselves, have any impact on mineral resources. Both parcels are within the MRZ-1 Zone, and are therefore not considered to have potential for mineral resources. -22- 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 of X noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards o other agencies? (General Plan EIR p. III-144 ff.) b) Exposure of persons to or generation of X excessive groundborne vibration or groundborne noise levels? (General Plan EIR p. III-144 ff.) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR p. III-144 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 EIR p. III- 144 ff.) e) For a project located within an airport X land use plan or, where such a plan has no 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 Pla land use map) XI. a)-0 The General Plan Amendment, Change of Zone, sphere of influence amendment and annexation will not, in and of themselves, have any impact on noise. The eventual development of the vacant land will be reviewed under CEQA at the time that development is proposed. The City will review potential noise impacts, and consider noise mitigation as necessary. Further, the Uniform Building Code requires the submittal of noise analyses for interior and exterior noise levels with the submittal of building plans. The site is not located in the vicinity of an air strip or airport. Existing City standards and �. If ,.> A -23- standards and requirements, therefore, will assure that impacts associated with noise will be less than significant. -24- 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 in X 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 people, X necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The General Plan Amendment, Change of Zone, sphere of influence amendment and annexation will not, in and of themselves, have any impact on population and housing. Development of the vacant land could generate up to 312 persons, based on the City's current household size. This does not represent a substantial increase in population, and would be absorbed as part of the City's normal growth patterns. The vacant land is currently vacant, and an existing apartment project occurs on the northerly parcel. The vacant land will eventually be developed for multi -family housing, having no impact on population, and a positive impact on housing. There is no anticipated change for the northerly parcel, which will continue to provide housing for senior citizens as it currently does. No impacts are expected. -25- 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, pJ X 46 ff.) XIII. a) The General Plan Amendment, Change of Zone, sphere of influence amendment and annexation will not, in and of themselves, have any impact on public services. The area is already served by Riverside County Sheriff and Fire Departments, on contract to the City. Under current conditions, impacts to public safety would remain the same. Upon build out of the vacant lands, impacts on public safety services will increase somewhat, however, the City will collect development impact fees to provide for additional facilities for police and fire, to offset the costs associated with these services, and the property tax and sales tax generated by the homes and their residents would also serve to offset these costs. Future development on the vacant land may be required to pay a public facilities fee, if such a fee is adopted by the City at that time. The vacant lands will, when developed, pay the mandated school fees to offset the impacts to schools. The City imposes both Quimby fees and development impact fees to offset the cost of purchase and maintenance of parks, respectively. These fees will be required for the development of the vacant lands, and will offset the costs associated with the provision of parks in the area. Overall impacts associated with public services are expected to be less than significant._ -26- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The General Plan Amendment, Change of Zone, sphere of influence amendment and annexation will not, in and of themselves, have any impact on recreational facilities. As stated under Public Services, above, the City will impos Quimby and development impact fees to offset the need for additional recreational facilities caused by the development of the vacant lands. Impacts are expected to be insignificant. -2 / - 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. 111-29 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. 111-29 ff.) c) Result in a change in air traffic patterns X 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)? (Tentative Tract Map 31087) e) Result in inadequate emergency access. X (Tentative Tract Map 31087) f) Result in inadequate parking capacity? X (Tentative Tract Map 31087) g) Conflict with adopted policies, plans, ol X programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) The General Plan Amendment, Change of Zone, sphere of influence amendment and annexation will not, in and of themselves, have any impact on traffic and circulation. The General Plan EIR analyzed regional traffic not only within the City's limits, but also in surrounding jurisdictions which affect City streets. This analysis found that the area surrounding the proposed project will operate at acceptable levels of service at build out of the General Plan. Although the proposed density under the City's proposed designation -28- ,_� o would result in a small increase in the number of trips generated, this increase is expected to be fractional. Further, the City will review the development proposal for the vacant lands under CEQA when it is submitted, and will study traffic impacts further at that time. The site is located adjacent to Washington Street, on which SunLine currently provides public transit. No impact is expected. -29- 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 available X to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project=s projected demand in addition to the provider=s existing commitments? (Genera 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.) -30- XVI. a)-g) The General Plan Amendment, Change of Zone, sphere of influence amendment and annexation will not, in and of themselves, have any impact on utilities. The eventual development of the vacant lands will result in a need for utilities. All service providers will charge connection and service fees to the developers and residents of the vacant lands. These fees are designed to provide for the expansion of service as need arises. Water supplies have been found adequate in CVWD's Urban Water Management Plan (please see Hydrology and Water Resources, above). CVWD will also provide sanitary sewer services to the sites, and has sufficient capacity to serve both parcels. The City's solid waste franchisee will service the two parcels, and haul waste to the transfer station at Edom Hill. From this location, solid waste will be transferred to one of several regional landfills for disposal. Impacts associated with utilities are expected to be insignificant. J -31- 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? c) 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)? d) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The General Plan Amendment, Change of Zone, sphere of influence amendment and annexation will not, in and of themselves, have any impact on biological or cultural resources. Further environmental review, or the standards imposed by the City, will assure that potential impacts associated with development of the vacant lands are reduced to less than significant levels. XVII. b) The annexation of the two parcels will further the City's goals of providing a wide range of housing of all types to current and future residents. XVII. c) Cumulative impacts analyzed in the City's General Plan EIR were associated with regional air quality. The City found that the ultimate development of the General Plan overrode the potential impacts associated with air quality. As shown under the air quality discussion z. -32- discussion above, the development of the vacant lands will not significantly impact air quality. XVII. d) The General Plan Amendment, Change of Zone, sphere of influence amendment and annexation will not, in and of themselves, have any impact on human beings. The eventual development of the vacant lands will be subject to environmental review, and will implement any mitigation measures necessary, if impacts to human beings are identified. -33- 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. The La Quinta General Plan EIR was used in this analysis. 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. -34- RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2006-108, AND PLACING A DESIGNATION OF HIGH DENSITY RESIDENTIAL ON 11.62 ACRES TO BE ANNEXED TO THE CITY AT THE SOUTHEAST CORNER OF HIDDEN RIVER ROAD AND WASHINGTON STREET, AND IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 609-040- 005, 609-040-007 AND 609-040-023 CASE NO.: GENERAL PLAN AMENDMENT 2006-108 CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 21 s day of November, 2006, hold a duly noticed Public Hearing to consider the request of the City of La Quinta for pre -annexation General Plan designation of High Density Residential on 11.62 acres located at the southeast corner of Hidden River Road and Washington Street, more particularly described as: ASSESSOR'S PARCEL NUMBERS 609-040-005, 609-040-007 AND 609-040-023 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 17" day of October, 2006, hold a duly noticed Public Hearing and adopted Resolution 2006-038 recommending approval of this General Plan Amendment; and, WHEREAS, The La Quinta Community Development Department has completed Environmental Assessment 2006-576 in accordance with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). ). Based upon this Assessment, there will not be a significant impact on the environment; therefore, a Negative Declaration is recommended for approval; 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 Mandatory Findings of approval to justify approval of said General Plan Amendment: 1 . The General Plan Amendment, as proposed is consistent with the General Plan, insofar as it will provide for the development of housing for future residents. 2. Approval of the amendment will not create conditions materially detrimental to the public health, safety and welfare, and will assure refurbishment and rehabilitation of existing senior apartment units. City Council Resolution No. 2006- General Plan Amendment 2006-108 Annexation 18 Adopted: November 21, 2006 3. The new designation is compatible with the designations on adjacent properties, insofar as High Density Residential land use designations occur to the south of the proposed General Plan Amendment, and multi -family residential development occurs to the north. 4. The land use designation is suitable and appropriate for the property, insofar as the apartments exist on the northern portion of the amendment area, and the City proposes to provide additional multi -family units on the flat, vacant portion of the area. 5. The continued development of the City requires the continued analysis of current conditions, and this General Plan amendment reflects these conditions and accommodates for future growth within the City. 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 approve General Plan Amendment 2006-108 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this the 215t day of November, 2006 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California City Council Resolution No. 2006- General Plan Amendment 2006-108 Annexation 18 Adopted: November 21, 2006 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California cc Vv .271E 0 a 0 DO NN M a) — U) r. C) 0 3q) ry a) U) 0 27 a) ca , C3 0 U) .-0 CID C. 4 a) IM 6- IM x 0 x 4A a) CD > m (D W (L ,*h 0 cm Lf) 2 im� 7� 'm E a) CD (15-10 CID ry uj a) J IF tA � 10 fli 9d NOIIAIR uj LU - , I *-, C3 (03 'T. A tH lit IN 0 1 90. r-s It 'law mm-AWN, ro* IN A! -LU ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING PRE -ZONING DESIGNATIONS FOR CERTAIN LANDS PROPOSED FOR ANNEXATION, AND CONSISTING OF 11.62 ACRES LOCATED AT THE SOUTHEAST CORNER OF HIDDEN RIVER ROAD AND WASHINGTON STREET, AND IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 609- 040-005, 609-040-007 AND 609-040-023 WHEREAS, the Planning Commission, at its regularly scheduled meeting of October 17, 2006, considered the request of the City of La Quinta for pre -annexation zoning of 11.62 acres of land at the southeast corner of Hidden River Road and Washington Street, and identified as assessor's parcel numbers 609-040-005, 609-040-007 and 609-040-023, to High Density Residential; and WHEREAS, after consideration of all written and oral testimony presented at the hearing, the Planning Commission recommended adoption of a pre -zoning ordinance by the City Council; and WHEREAS, the City Council, at its regularly scheduled meeting of November 21, 2006, considered the Planning Commission's recommendation at a public hearing, including all written and oral testimony; and WHEREAS, after careful consideration, the City Council found that the High Density Residential zoning district is consistent with the zoning designations in place on surrounding lands, the goals and policies of the General Plan, and the character of the area; and WHEREAS, an Initial Study was prepared to consider the pre -zoning of the properties, and the City determined that the proposed pre -annexation zoning would not have a significant environmental impact as described in the California Environmental Quality Act, and a Negative Declaration was prepared. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La Quinta does as follows: SECTION 1. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 2. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and f I Ordinance No. Annexation 18 Adopted: November 21, 2006 its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. SECTION 3: Certain property located at the southeast corner of Hidden River Road and Washington Street, and identified as Annexation Number 18 is hereby zoned according to Exhibit A, attached to this Ordinance. PASSED APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 21"day of November, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN DON ADOLPH, Mayor City of La Quinta California ATTEST: Veronica J. Montecino, CMC, City Clerk City of La Quanta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California r rry, l� M/1� I c c C: w '0 CD 0 0 J 03 ca m C3 (1) 0) ac ca PM Lp I m ii 0 X C W C�-N —j x (D a) .>— A OCA CM .0 Ca. E 2 o-- A LIJ - At Pmm- O IffIrSPNOLION lw" 177- --Uj I RESOLUTION NO. 2006- A RESOLUTION OF APPLICATION BY THE CITY OF LA QUINTA REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE ANNEXATION OF 12.42 ACRES LOCATED ON THE EAST SIDE OF WASHINGTON STREET AND CONCURRENT AMENDMENT OF THE CITY'S SPHERE OF INFLUENCE, AND IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 609-040- 005, 609-040-007, AND 609-040-023 ANNEXATION 18 RESOLVED, by the City Council of the City of La Quinta, that: WHEREAS, the property owners desire to initiate a proposal pursuant to the Cortese -Knox -Hertzberg Local Government Act of 2000, commencing with Section 56000 of the California Government Code, for the annexation of 12.42 acres located on the east side of Washington Street, immediately south of Hidden River Road, and identified as assessor's parcel numbers 609-040-005, 609-040- 007 and 609-040-023; and WHEREAS, notice of intent to adopt this resolution of application has been given to the commission, each interested, and each subject agency at least 20 days prior to the adoption of this resolution; and WHEREAS, the territory proposed to be annexed is inhabited, and a description of the boundaries of the territory is set forth in Exhibit A attached hereto and by this reference incorporated herein; and the City; and WHEREAS, this proposal is consistent with the sphere of influence of WHEREAS, the reasons for the proposed annexation are as follows: The existing senior apartment project will be refurbished for the residents, and the vacant portion of the annexation will be developed for additional affordable housing for the residents of the City of La Quinta; and WHEREAS, this Council certifies that an Initial Study was prepared to consider the pre -zoning of the properties, and the City determined that the proposed pre -annexation zoning would not have a significant environmental impact as described in the California Environmental Quality Act, and a Negative Declaration was prepared. City Council Resolution No. 2006-_ Annexation 18 Adopted: November 21, 2006 NOW, THEREFORE, this Resolution of Application is hereby adopted and approved by the City Council of the City of La Quinta, and the Local Agency Formation Commission of Riverside County is hereby requested to take proceedings for the annexation of territory as described in Exhibit A, according to the terms and conditions stated above and in the manner provided by the Cortese- Knox-Hetzberg Local Government Reorganization Act of 2000. PASSED, APPROVED, AND ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 21 st day of November, 2006, by the following vote: AYES: NOES: ABSTAIN: ABSENT: DON ADOLPH, Mayor City of La Quinta California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California EXHIBIT "A" REORGANIZATION TO INCLUDE ANNEXATION 18 TO THE CITY OF LA QUINTA AND CONCURRENT DETACHMENT FROM THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT LAFCO 2006-XX-X A portion of the south half of the northwest one -quarter of Section 18, Township 5 South, Range 7 East, San Bernardino Base and Meridan, in the County of Riverside, State of California, described more particularly as follows: Beginning at the west one -quarter of said Section 18, said corner being on the existing boundary of the City of La Quinta and on the centerline of Washington Street the following courses: 1. Thence, North 0008'34" East along the westerly line of said Section 8 and centerline of Washington Avenue a distance of 664.02 feet to the northwest corner of the south half of the south half of government lot 2 said corner also being on the centerline of Hidden River Road as shown on Parcel Map No. 12323; 2. Thence North 89034'27" East along the northerly line of said south half of the south half of Section 8 and centerline of Hidden River Road a distance of 475.34 feet to the northeast corner of lot D of said Parcel Map No. 12323; 3. Thence South 0008'34 West along the easterly line of said Lot D and the easterly line of Parcel 2 of Parcel Map No. 12323 a distance of 400.31 feet to the southeast corner of said Parcel 2 said corner being on the northerly property line of that parcel of land described in deed to Testa Family Limited Partnership Il; 4. Thence North 89034'28" east along the Northerly line of said Testa Family land a distance of 849.23 feet; 5. Thence South 0020'37"East 265.62 feet to the southerly line of said Testa Land, said point also being on the east -west centerline of said Section 18; to a point of centerline of said Section 18; 6. Thence South 89 ° 39' 27 West along said east -west centerline of section 18 and southerly of said Testa Family land 1326.81 feet to the point of beginning. Area = 12.42 Acres, more of less PLAN FOR PROVISION OF MUNICIPAL SERVICES ANNEXATION NO. 18 TO THE CITY OF LA QUINTA INTRODUCTION This plan of services addresses public utilities, infrastructure, and public services required to serve a proposed annexation of 1 1.62 ± acres of land into the City of La Quinta. Municipal services included in this Plan include water, wastewater, law enforcement, fire protection, parks and recreation, roadway maintenance, and libraries. The proposed annexation area is neither in the Sphere of Influence of the City of La Quinta or in the City itself. It is located on the east side of Washington Street, and south of Hidden River Road, between the major intersections of Fred Waring Drive and 42"d Avenue. The annexation area consists of three parcels totaling 11.62 acres. To the north of Hidden River Road there is multi -family residential development; to the south there is High Density Residential development under construction; to the west of Washington Street there is single family residential development; and to the east there is vacant desert land. MUNICIPAL SERVICES Water The Coachella Valley Water District (CVWD) provides water service to the City. There is currently a water line in Hidden River Road, which will service the proposed annexation area. CVWD provides domestic water through the extraction of groundwater by a system of wells drilled to depths approximately 700 to 1,300 feet. CVWD estimates water usage for residential development at 3.97 acre-feet per acre, per year. The proposed annexation area, at build out, would therefore consume 43.67 acre-feet of water annually. The District's Urban Water Management Plan indicates that it has sufficient supplies to serve the annexation area for the long term, including plans for recharge of the aquifer. Waste Water CVWD also provides sanitary sewer service to the area. A sewer line on Washington Street and Hidden River Road will serve the annexation area. All wastewater collected north of Miles Avenue, including the proposed annexation area, is conveyed to CVWD's treatment plant at Madison Street and Avenue 38, north and east of the annexation area. The plant currently as a capacity of approximately five million gallons per day (MGD), and is treating approximately three mgd. Capacity is therefore sufficient to accommodate the annexation area. Solid Waste Burtec Waste Industries provides solid waste disposal services to the proposed annexation area, including solid waste collection, recycling programs, and household hazardous waste disposal for residential customers within La Quinta. Waste is taken to a transfer station located at Edom Hill, and from this location to one of several regional landfills, including the Lambs Canyon, Badlands, or El Sorbrante landfills, located west of the City. Roadways Washington Street is classified as a major arterial in the La Quinta General Plan and provides the only access to Hidden River Road. Washington Street is currently developed to its ultimate right of way of six lanes. Law Enforcement The Riverside County Sheriff's Department, under contract to the City, currently serves the proposed annexation area. The Sheriff's Department operates a station on Dr. Carreon Boulevard in Indio, as well a community policing office on Avenue Bermudas in La Quinta. The Sheriff's Department staffs 43 sworn officers and support personnel for the City. Services include street patrols, traffic enforcement, special enforcement teams, school resource officer, and gang and narcotics enforcement teams. Current response times within the City and the annexation area is approximately 5 minutes. Fire Protection Fire protection services are currently provided to the proposed annexation area by the Riverside County Fire Department, under contract with the City. The Department operates three fire stations in the City, including the newly completed Station #93, located approximately two miles southeast of the annexation area. Response time to the annexation area would be expected to be about 5 minutes. The City maintains mutual aid agreements with surrounding communities, to assure adequate service in an emergency. Parks and Recreation There are 104.48 acres of developed parkland in the City, which are owned and maintained by the City. In addition to parks, the City also operates a 10,000 square foot senior center, a 20,000 square foot library (see below), and a 6,000 square foot museum. In addition, two parks are planned for the future, totaling 37.3 acres. In proximity to the annexation area is Adams Park, located adjacent to Fire Station #93, approximately one mile from the annexation area. The General Plan encourages the development of 3 acres of parkland for every 1,000 residents. With an ultimate population of 458 persons, the annexation area would generate the need for 0.46 acre of park land. The City's Community Services Department provides recreational activities for the City, including programs for children and adults. The City funds additional park facilities through two mechanisms. The purchase of land for parks is provided for in the City's Quimby Ordinance, which requires the purchase of land, or payment of in lieu fees, for new projects. In the case of the annexation area, both parcels will be required to pay in lieu fees for the purchase of park land. The fee is based on appraised values at the time that tract maps are recorded, and therefore varies. In addition, the City charges a Development Impact Fee, payable at the issuance of building permits. Development on the southerly portion of the annexation area will be required to pay the required Quimby and Development Impact fees. In addition to City parks, the Coachella Valley Recreation and Parks District operates and maintains four parks in the City, including the La Quinta Community Park/Community Center, Fritz Burns Park, the Coral Mountain Regional Park, and the Lake Cahuilla County Park. These facilities total 1,479.2 acres. Schools The annexation area is within the boundary of the Desert Sands Unified School District. The District operates three elementary schools, three middle schools and one high school in the City. The District opened a new middle school adjacent to the annexation area for the 2006 school year, and also operates the Amelia Earhart Elementary School, the John Glenn Middle School, and the La Quinta High School within the City limits. Libraries The La Quinta Library is located in the Estado, approximately five miles south 20,000 square foot library, completer i Riverside Library System. PUBLIC UTILITIES Civic Center complex, at 78080 Calle of the proposed annexation area. The n 2004, is operated by the County of Electricity Electric service is provided in the proposed annexation area by Imperial Irrigation District. The District currently services the apartments north of Hidden River Road. It has facilities along Washington Street, which will be able service the ultimate development of the area. Natural Gas The gas company, a Sempra Energy Corporation, currently provides natural gas in the development area. There is a 3" main in Washington Street and a 2" main running along the length of Hidden River Road. Telephone Service Telephone service in the area is currently provided by Verizon, which has existing facilities on Hidden River Road and will provide service to the development. Prepared by: Thomas P. Genovese, City Manager Date: City of La Quinta ATTACHMENT 2 1-1 111 7: =--- F 7 S- . L CD cl� 14 AM.. 4z r7'; v i I ol-ihtl;e CL U m EY M. m r x 0 r: ci .4.4 to M L) .5: 0 - x: CL (n to 3.1 T4hf Ot 4 a" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: November 21, 2006 ITEM TITLE: Joint Public Hearing between the City BUSINESS SESSION: Council and Redevelopment Agency to Consider a CONSENT CALENDAR: Proposed Disposition and Development Agreement by and Between the La Quinta Redevelopment Agency and STUDY SESSION: LDD SilverRock, LLC for the Sale and Development of PUBLIC HEARING: 52 Acres of Agency Property Located Southwest of the Intersection of Jnrffar,,nn Ctrenrt and F 7 (SilverRock Resort) in the La Quinta Project Area No. 1 RECOMMENDATION: Open the joint public hearing and continue the hearing until December 5, 2006. FISCAL IMPLICATIONS: None for this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A joint public hearing to consider a Disposition and Development Agreement (DDA) between the Agency and'LDD SilverRock, LLC (LDD) was scheduled for November 21, 2006. The purpose was to receive testimony regarding the proposed DDA that facilitates the sale of 52 acres of property at SilverRock Resort, and the development of resort hotel, spa, retail, and conference uses. In March 2005, the Agency entered into an Exclusive Negotiation Agreement with LDD. During the subsequent months both parties prepared site plans, a development program, and negotiated the terms and conditions that are contained in the DDA. A draft of the proposed DDA has been available for public review at the Community Development Department of the City of La Quinta since November 7, 2006. The City Council and Redevelopment Agency were scheduled to hold a joint public hearing regarding the DDA on November 21, 2006. Subsequent to publishing the public hearing notice, the Agency and LDD elected to explore the development potential of the land that will no longer be required to accommodate parking for the temporary clubhouse (located in the Ahmanson Ranch House). When the Agency constructs and opens the permanent clubhouse, approximately 2.43 acres of this 3.89 acre parcel may be available for resort hotel and related development. Since this property is adjacent to the site designated for the boutique hotel that LDD would be building pursuant to the DDA, LDD requested the Agency consider development options that would preserve the Ahmanson Ranch House and required parking while allowing development of additional hotel rooms or conference facilities on the remaining property. Since this transaction was not contemplated when the joint public hearing notice was published and was not analyzed in the Summary Report that accompanies the DDA, the Agency must re -notice the Joint Public Hearing and revise the Summary Report. Staff recommends that the City Council and Agency open the Joint Public Hearing and receive testimony from those who wish to present testimony at this time, and then continue the Hearing until December 5, 2006. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Open the joint public hearing and continue the hearing until December 5, 2006; or 2. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager 1hyllis Manley "rom: Veronica Montecino lent: Wednesday, November 22, 2006 11:38 AM •o: Phyllis Manley; Gina Hensley >ubject: FW: Document for City File Relating to Public Hearing No. 3 7>1_1 )ilverRock Decl. of Redline.doc (209 CC&RS.DOC... KB) Please print and file. Thanks! ✓eronica J. Montecino "ity Clerk ----Original Message----- : rom: Ramey, Lauren [mai Ito: lramey@?rutan.com] On Behalf Of Jenson, Kathy Sent: Wednesday, November 22, 2006 11:36 AM To: Veronica Montecino Subject: Document for City File Relating to Public Hearing No. 3 Veronica, Kathy Jenson asked that I forward these documents to you with the attached message from her: Last night, when I outlined the changes to the Development Agreement, I referenced the fact that we had prepared a revised version of the CC&Rs, which are an exhibit to the Development Agreement, and that I would be providing you with a copy of the revisions for the file. Attached are those revisions. Please put them in the official City file for last night's hearing. You don't need to do anything else with them. We will be incorporating the final version into the final revised Development Agreement before the next Council Meeting. I just want these in your files for the record. Thank you, Lauren Ramey Assistant to M. Katherine Jenson Rutan & Tucker, LLP 611 Anton Boulevard, 14th Floor Costa Mesa, CA 92626 714-641-5100 x1313 714-546-9035 Fax i �� \__am RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager (Space Above This Line for Recorder's Officc Use Only) (Exempt from Recording Fee per Gov. Code § 27383) DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS This DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ("Declaration") is entered into this day of , by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California ("City"), and LDD SILVERROCK, LLC, a Delaware limited liability company ("Developer"). RECITALS: A. Developer is the fee owner of that certain real property located in the City of La Quinta, County of Riverside, State of California, and more particularly described on Exhibit A attached hereto (the "Property"). B. Developer has obtained approval from City to develop and operate on the Property [select applicable Phase of Development: (a) a "Four Star Quality" (as that term is defined in Section 1.2 below) luxury hotel with associated amenities; or (b) a "Four Star Quality" (as that term is defined in Section 1.2 below) casitas development) (the "Project"). C. As more particularly described in Section 1.1 hereof, a portion of the Project has been subdivided into condominium units. D. Pursuant to that certain Development Agreement entered into by and between Developer and City on or about , which was recorded on , as Instrument No. , in the Official Records of the County of Riverside (the "Development Agreement"), as a condition to the approval of the Project and prior to City's issuance of a temporary or permanent certificate of occupancy for the Project, Developer is required to record this Declaration against the Property. E. Developer and City desire to enter into this Declaration to bind the Property, and all of the "Units" (as that term is defined in Section 1.1 below) thereon. The restrictions and covenants herein shall be deemed to be included with and imposed as restrictions in each and every conveyance of a Condominium Hotel Unit and Fractional Unit without express reference thereto in the deed evidencing such conveyances. 882/015610-0084 755505.04 al1/21/06 DRAFT DECLARATION NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Developer agrees for its own benefit, the benefit of the "Operator" (as hereinafter defined), and for the benefit of City as follows: 1. Restrictive Covenant. 1.1 Proiect Accommodations. The Project includes [select applicable: (a) a main hotel building containing _ units (each, a "Unit," and collectively, the "Units"), with (_) of such Units owned by the Developer and managed by the Operator, _ (_J of such Units available for sale to third -party owners (each, a "Condominium Hotel Unit," and collectively, the "Condominium Hotel Units"), _ (_) of such Units designated as "Fractional Units" (as that term is defined below, and one or more casitas buildings containing _ (—) Condominium Hotel Units and _ (-_) Fractional Units); or (b) one or more casitas buildings containing _ units (each, a "Unit," and collectively, the "Units"), with (_) of such Units available for sale to third -party owners (each, a "Condominium Hotel Unit," and collectively, the "Condominium Hotel Units"), and (_) of such Units designated as "Fractional Units" (as that term is defined below).] For purposes of this Declaration, a "Fractional Unit" is a Unit that is either (i) a condominium, the ownership of which is divided into multiple fractional interests, including, without limitation, timeshare interests, each of which can either be owned by a separate owner or by single owner, and each of which gives such owner the right to use such Unit for a different period of time; or (b) owned in fee by the Developer, Destination Hotels & Resorts, Inc., a California limited liability company ("DHR"), or a successor in interest to Developer or DHR that is authorized or permitted pursuant to the Development Agreement, and in which memberships are sold to third parties giving such parties the right to use and occupy the Unit for certain periods of time. All Units in the Project shall be completely furnished with furniture, fixtures and equipment to the standards established by the Operator of the Project. A furniture, fixtures and equipment reserve account shall be established and maintained, in an amount reasonably required by City, in order to maintain and, when necessary, replace the furniture, fixtures and equipment within the Units to maintain the facility at a Four Star Quality. 1.2 Management of Project,• Management of Condominium Hotel Units. During the term of this Declaration, each Unit shall be managed by the person or entity designated by the owner of [select applicable: (a) the Project; or (b) the resort hotel development constructed on Parcel of Parcel Map No. 33367, recorded on , in Book , Pages to , in the Official Records of the County of Riverside] to operate the Project (the "Operator"). In addition, when a Condominium Hotel Unit is not being used by the owner thereof (each such owner hereinafter an "Owner"), or non-paying guests of Owner, such Condominium Hotel Unit shall be made available for rental as a hotel room in the Project. If the Operator is not the Owner's rental agent, or if the Owner is acting without a rental agent, then the Operator shall have the right, working through the Owner or its designated rental agent, to book such Owner's Condominium Hotel Unit (to the extent it is then unbooked) to fulfill demand made of Operator within the two (2) weeks prior to the date when such Condominium Hotel Unit is needed for booking by the Operator. In all circumstances, the Operator shall have full access to each Unit's reservation and booking schedule, so that the Operator can fulfill its booking and management obligations hereunder. As used in this Section 1.2, the terms 882/015610-0084 -2- ..B 755505.04 al1/21/06 DRAFT "managed", "management" and words of similar import shall mean that the Operator shall be engaged by each Owner of a Unit pursuant to Operator's then -standard form of agreement to manage the upkeep and care of such Unit and its use by parties other than the Owner, including by providing such services commonly provided at "Four Star Quality" (as defined below) hotel, including without limitation, such services as front desk check -in and check-out services (including electronic keys), routine housekeeping, laundry and dry cleaning, room service, catering and other food and beverage services, spa services, concierge services, parking and bellman services. The use of such services shall be conditioned upon payment of such charges or fees as may be imposed generally on hotel guests. The Operator shall have the exclusive right to restrict and control access to any and all shared facilities within the Project, provided the same does not restrict an Owner's right of access to her, his or its Unit, except that Unit access, including by Owner, shall be subject to mandatory registration at the front desk to obtain a key to the Unit, which key shall be an electronic key. The Operator's management obligations shall also include upkeep and repair of the interior of each Unit, and monitoring and managing repair and replacement of furniture, fixtures and equipment. For purposes of this Declaration, the term "Four Star Quality" means that the Project offers and provides the services, facilities and amenities listed in Exhibit `B", which is attached hereto and incorporated herein by this reference. 1.3 Limitations on Use of Condominium Hotel Units. The Condominium Hotel Units are subject to the following restriction on Owner occupancy: (i) the Owner of a Condominium Hotel Unit (no matter how many parties constitute such Owner) may occupy such Owner's Condominium Hotel Unit (a) for no more than sixty (60) days per calendar year, of which no more than thirty (30) days can be during the period of November 1 through April 30 of each such calendar year, and (b) for no more than twenty-nine (29) consecutive days; (ii) a minimum seven (7) day period shall intervene between each twenty-nine (29) consecutive day period of occupancy by the Owner; and (iii) when not being used by its Owner, each such Condominium Hotel Unit shall be available as a Project accommodation. Each Condominium Hotel Unit shall be managed by the Operator as set forth in Section 1.2 hereof. For purposes of this Section 1.3 only, the term "Owner" shall mean and refer to the Owner and any non-paying guest of the Owner for whom the Owner reserves its Unit. 1.4 Use by Hotel Guests. Any person or entity who pays to occupy a Condominium Hotel Unit (a "Hotel Guest") shall not occupy or have the right to occupy such Condominium Hotel Unit for more than twenty-nine (29) consecutive days. On or before the twenty-ninth (291h) day, the Hotel Guest shall check out and vacate of such Condominium Hotel Unit. 1.5 Excess Use Fee. If any Owner or Hotel Guest occupies a Condominium Hotel Unit beyond the time periods permitted in Sections 1.3 and 1.4 (as applicable), then such Owner or Hotel Guest shall pay to the Operator, for remittance to the City, the following daily fee for each such day that the Owner's or Hotel Guest's occupancy exceeds the permitted number of days: (i) Twenty Dollars ($20.00) per day for studio Condominium Hotel Units and one -bedroom Condominium Hotel Units; and (ii) Thirty -Five Dollars ($35.00) per day for two - bedroom Condominium Hotel Units and for presidential villas (the "Excess Use Fees"). Each of the Excess Use Fees shall be increased annually, on each February 1 during the term of this Declaration, by the "ADR Index." For purposes of this Declaration, the "ADR Index" shall 882/015610-0084 -3- 755505.04 a11/21/06 DRAFT mean the average increase in the average daily room rate for the Miramonte Resort & Spa, La Quinta Resort & Club, the Hyatt Grand Champions, Renaissance Esmeralda, and the Project, as determined and published in the STR Report, published by Smith Travel & Research or, if the STR Report is no longer published, in an equivalent statistical report that analyzes the percentage increase in average daily room rates at the foregoing hotels and resorts. Notwithstanding anything in this Declaration to the contrary, if the ADR Index decreases, such decrease shall not result in a decrease in any of the fees required hereunder. Instead, the ADR shall be deemed not to have changed since the prior year. 1.6 Recordation of Covenants Conditions and Restrictions. Prior to, and as a condition of, the City's issuance of any temporary or permanent certificate of occupancy for the Project, the Developer shall submit to the City, obtain approval thereof, and record, covenants, conditions and restrictions against the Property which (i) shall provide for establishment of homeowner's association for the Project (the "Association"); (ii) shall provide for the Association's collection of and payment to the City of the fees described in Section 2 below; (iii) is necessary to create a condominium regime for the condominiums described on the Condominium Plan to be recorded in accordance with all applicable laws; (iv) clearly sets forth the maintenance obligations of the owners of the Condominium Hotel Units; and (v) includes a disclosure regarding the public ownership and control of the existing golf course and any future golf course that may be developed in the "SilverRock Resort Area" (as that term is defined below) and a statement that Developer does not and cannot guarantee that the City will not make changes to such golf course(s) or change the use of the underlying real property (the "CC&Rs"). The CC&Rs shall provide that the City is a third party beneficiary thereof with the right, but not the obligation, to enforce the terms thereof which are set forth in this Section 1.6, and shall require the written approval of the City prior to any amendments thereto to the provisions thereof which are set forth in this Section 1.6. For purposes of this Declaration, the term "SilverRock Resort Area" shall mean and refer to the real property included in and covered by the SilverRock Resort Specific Plan, also known as Specific Plan 06-08, as amended by Resolution 2006-083, which was duly adopted by the La Quinta City Council on July 18, 2006. 1.7 Reporting Requirements. During the term of this Agreement, within thirty (30) days after the end of each calendar quarter (i.e., by each April 30, July 30, October 30, and January 30), the Association shall provide to City a report that contains all of the following information on each Condominium Hotel Unit for such calendar quarter: (a) the number of said Unit; (b) the name, address, and phone number of the Owner of such Unit; (c) the dates the Unit was occupied by persons other than the Owner of the Unit; (d) the dates the Unit was occupied by the Owner; (e) the name and address of any Hotel Guests (other than the Owner) whose occupancy exceeded the timeframes set forth in Section 1.4 above; (f) the identity of the rental agent for said Unit (if not the Operator); and (g) the transient occupancy tax (as that term is used in La Quinta Municipal Code Chapter 3.24) (hereinafter, "TOT") that has been collected by the Operator and remitted to the City for use of said Unit during such calendar quarter (each, a "Quarterly Report"). 2. Resort Fees 2.1 Condominium Hotel Units. During the term of this Agreement, for each Condominium Hotel Unit, on or before each February 281 commencing on the first February 28 J,i 882/015610-0084 -4- 755505.04 al1/21/06 following the date on which the Condominium Hotel Unit has (i) received a certificate of occupancy, and (ii) been sold to a third party, as evidenced by the close of escrow for such Condominium Hotel Unit (the "CHU Annual Resort Fee Payment Date"), the Association shall (i) provide to the City a report that contains all of the information contained in a Quarterly Report (as described in Section 1.7 above) for the immediately preceding calendar year (the "Annual Report"); and (ii) collect from the Owner of such Condominium Hotel Unit and remit to the City an annual resort fee (each, a "CHU Annual Resort Fee") covering the January 1 through December 31 period occurring immediately preceding the CHU Annual Resort Fee Payment Date (the "Operative Year"). CHU Annual Resort Fees shall be prorated for any partial ownership calendar year based on the. time period during which such Unit was owned by the Owner. The CHU Annual Resort Fee for studio Condominium Hotel Units and for one - bedroom Condominium Hotel Units shall be One Thousand Two Hundred Dollars ($1,200) per year for the first two Operative Years, and One Thousand Eight Hundred Dollars ($1,800) for each subsequent Operative Year [as the same may increase, on each February 1, by the ADR Index]. The CHU Annual Resort Fee for two -bedroom Condominium Hotel Units and for the presidential villas shall be One Thousand Eight Hundred Dollars ($1,800) per year for the first two Operative Years, and Two Thousand Four Hundred Dollars ($2,400) for each subsequent Operative Year [as the same may increase, on each February 1, by the ADR Index]. Notwithstanding anything herein to the contrary, to the extent the Annual Report indicates that the City has actually received TOT revenues collected by the Operator and generated from the occupancy of a Condominium Hotel Unit during such Operative Year, the TOT revenues collected by the Operator and remitted to the City for said Unit shall be credited against the CHU Annual Resort Fee owed by such Unit, and the amount owed shall be reduced by the same amount. For example, if in the first Operative Year the amount of One Thousand One Hundred Fifty Dollars ($1,050) has been paid to the City as TOT based on transient occupancy of a studio Condominium Hotel Unit, the Association shall collect from the Owner of said Unit and remit to the City only the sum of One Hundred Fifty Dollars ($150.00). In the event a CHU Annual Resort Fee is remitted to the City for a Condominium Hotel Unit for which the City has received TOT from a source other than the Operator, the City shall provide a rebate to the Owner of said Unit in the amount of the TOT collected for such Unit up to but not in excess of the CHU Annual Resort Fee paid by or on behalf of such Owner on account of such Owner's Condominium Hotel Unit. Notwithstanding anything herein to the contrary, if a Condominium Hotel Unit has not yet been sold to a third party, and Developer or the Operator permits occupancy in such Unit free of charge or at a reduced rate, Developer or the Operator shall pay to the City TOT revenues on the rental amount that would have been charged and collected on such Unit if such Unit were rented at the then -current rental rate for the Unit. 2.2 Fractional Units. During the term of this Agreement, for each Fractional Unit, on or before each February 28th commencing on the first February 28th following the date on which (i) either (a) the condominium unit in which the Fractional Unit is located received a certificate of occupancy [for Fractional Units which are condominiums], or (b) the Unit received a certificate of Occupancy [for Fractional Units which are not condominiums], and (ii) the j 882/015610-0084 -5 - 755505.04 at1/21/06 DRAFT Fractional Unit has been sold to a third party, as evidenced by the close of escrow for such Fractional Unit (the "Fractional Unit Annual Resort Fee Payment Date"), the Association shall collect from the Owner(s) of such Fractional Unit and remit to the City an annual resort fee (each, a "Fractional Unit Annual Resort Fee") covering the prior Operative Year. Fractional Unit Annual Resort Fees shall be prorated for any partial ownership calendar year based on the time period during which such Fractional Unit was owned by an Owner. The Fractional Unit Annual Resort Fee for Fractional Units containing up to six hundred square feet (600 so shall be Four Thousand Three Hundred Eighty Dollars ($4,380); the Fractional Unit Annual Resort Fee for Fractional Units containing between six hundred one square feet (601 sf) and nine hundred fifty square feet (950) shall be Five Thousand Four Hundred Seventy -Five Dollars ($5,475); the Fractional Unit Annual Resort Fee for Fractional Units containing between nine hundred fifty- one square feet (951 sf) and one thousand six hundred square feet (1,600 sf) shall be Six Thousand Five Hundred Seventy Dollars ($6,570); the Fractional Unit Annual Resort Fee for Fractional Units containing between one thousand six hundred one square feet (1,601 so and two thousand five hundred square feet (2,500 so shall be Seven Thousand Three Hundred Dollars ($7,30C�); and the Fractional Unit Annual Resort Fee for Fractional Units containing more than two thousand five hundred square feet (2,500 sf) shall be Eight Thousand Thirty Dollars ($8,030). Each Fractional Unit Annual Resort Fee shall increase annually, on each February 1, by the ADR Index. Each Fractional Unit Annual Resort Fee shall be divided equally among each of the Owners of a particular Fractional Unit, and each such Owner shall be responsible for the portion of the Fractional Unit Annual Resort Fee allocated to such Owner's fractional interest. 2.3 Sale of a Unit. Prior to the sale of any Unit by the Owner thereof, the Association shall collect from said Owner and remit to the City the Fractional Unit Annual Resort Fee or the Condominium Hotel Unit Annual Resort Fee (as applicable) for said Unit that will be due and payable by the Owner on the next February 28tn 3. Term. This Declaration shall become effective on the date on which the Property is subdivided to create the Condominium Hotel Units (as evidenced by recording of a condominium plan which imposes a condominium regime on the Condominium Hotel Units) and shall continue in full force until the earlier to occur of (i) termination of this Declaration by written agreement of Developer (or its successor or assign, as applicable) and the City, or (ii) the date on which the Project, or a hotel or resort ceases to be operated on the Property, provided Developer or its successor or assign provides City sixty (60) days prior written notice of such cessation. Notwithstanding the date on which this Declaration becomes effective, Condominium Hotel Unit Annual Resort Fees and Fractional Unit Annual Resort Fees shall only be payable commencing on the dates provided herein. 4. Covenants Running With the Land. Developer declares that all of the Units shall be held, conveyed, hypothecated, encumbered, leased, rented, used, and occupied subject to the provisions of this Declaration, all of which are declared to be in furtherance of and for the protection of and maintenance and improvement of the Units and to comply with the conditions. Pursuant to applicable law, including, but not limited to, Section 1462, 1465 and 1468 of the Civil Code of the State of California, all provisions of this Declaration (i) are hereby imposed as equitable servitudes on each of the Units for the benefit of Developer and Operator and their successors and assigns and the City, and (ii) shall run with the land and be binding upon and inure 882/015610-0084 —6— } ' 755505.04 al1/21/06 DRAFT to the benefit of each of the Units and each and every portion thereof or interest therein, and all parties having or acquiring any right, title, or interest in the Units or any portion thereof, and their successors and assigns. 5. _Assessment Appeals; Other Fees and Charges. Developer agrees on behalf of itself, and on behalf of all persons or entities that may own an interest in the Property or in the Units in the future, that during the term of this Declaration no action shall be taken to challenge, cancel, reduce, or otherwise negate the annual resort payments required to be made to the City pursuant to the terms of this Declaration. 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. 6. Default; Remedies; Dispute Resolution. 6.1 Notice of Default. In the event of failure by Developer or Developer's successors in interest substantially to perform any material term or provision of this Declaration, the City shall have those rights and remedies provided herein, provided that the City has first provided to Developer a written notice of default in the manner required by Section 7.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 6.2 Cure of Default. Upon the receipt of the notice of default, Developer 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], Developer shall commence to cure, correct, or remedy such default within such five (5) day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure, correction or remedy to completion. 6.3 City Remedies. In the event of an uncured default by Developer or its successors in interest of the terms of this Declaration, 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 Declaration; provided, however, that in no event shall City be entitled to consequential damages for any Developer default. 7. Miscellaneous. 7.1 Notices. Any notices, demands or other communications required or permitted to be given by any provision of this Declaration or which any party may desire to give the other shall be given in writing, delivered personally or sent by certified mail, postage prepaid, facsimile, or by a reputable delivery service which provides a receipt with the time and date of delivery, addressed to a party, at the addresses set forth below, or to such other address as said party may hereafter or from time to time designate by written notice to the other party. 882/015610-0084 -7- 755505.04 al1/21/06 To Agency: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 Phone No.: 760-777-7031 Facsimile No.: 760-777-7101 Attention: Assistant Executive Director With a copy to: Rutan & Tucker, LLP 611 Anton, Suite 1400 P.O. Box 1950 Costa Mesa, California 92628 Phone No.: 714-641-5100 Facsimile No.: 714-546-9035 Attention: M. Katherine Jenson, Esq. To Developer: LDD SilverRock, LLC 74-001 Reserve Drive Indian Wells, California 92210 Phone No.: 760-674-2200 Facsimile No.: 760-779-1646 Attention: Theodore R. Lennon, Jr. With copies to: Manatt, Phelps & Phillips, LLP 11355 W. Olympic Boulevard Los Angeles, California 90064 Phone No.: 310-312-4217 Facsimile No.: 310-312-4224 Attention: Timi A. Hallem and Lowe Enterprises, Inc. 11777 San Vicente Blvd., Suite 900 Los Angeles, California 90049 Attn: Corporate Counsel Phone No.: 310-820-6661 Facsimile No.: 310-820-8131 Notice given by United States Postal Service or delivery service as provided herein shall be considered given on the earlier of the date on which said notice is actually received by the party to whom such notice is addressed, or as of the date of delivery, whether accepted or refused, established by the United States Postal Service return receipt or such overnight carrier's receipt of delivery, as the case may be. Any such notice not so given shall be deemed given upon receipt of the same by the party to which it is addressed. 882/015610-0084 755505.04 al1/21/06 DRAFT 7.2 Books and Records. Upon not less than ten (10) days written notice to Developer (or its successor or assigns), Developer shall make available to City for inspection and copying the books and records of Developer pertaining to the Project so as to permit City to audit compliance with the terms of this Declaration. 7.3 Developer's Limitation on Damages. Developer covenants on behalf of itself and its successors and assigns, including the owners of the Units, not to sue the City for damages or monetary relief for any claim arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Declaration or any of the matters referred to herein including but not limited to any of the fees required to be paid hereunder. 7.4 Mortgagee Protection. No portion of this Declaration or any amendment or violation thereof shall operate to defeat or render invalid, in whole or in part, the rights of the beneficiary, insurer, guarantor, or holder of any mortgage or deed of trust encumbering any portion of the Property; provided that, after foreclosure of any such mortgage or deed of trust, the property foreclosed shall remain subject to this Declaration. 7.5 Governing Law. This Declaration shall be governed by the internal laws of the State of California, without regard to conflict of law principles. 7.6 Interpretation• Incorporation. This Declaration shall be interpreted to give each of the provisions their plain meaning. The Recitals and the exhibits attached hereto are incorporated into the Declaration. 7.7 Language Construction. Designations used herein are for convenience only and shall not be controlling in the interpretation of this Declaration. 7.8 Amendment. This Declaration may only be amended pursuant to a written amendment, executed by Developer (or its successor or assign) and City, and recorded in the Office of the Recorder of Riverside County, California. 7.9 Counterparts. The parties may execute this Declaration in counterparts. Each counterpart shall be deemed an original instrument as against any party who has signed it. 7.10 Successors and Assigns. All of the terms, covenants and conditions of this Agreement shall be binding upon the Developer and its permitted successors and assigns. Whenever the term "Developer" is used in this Agreement, such term shall include any other permitted successors and assigns as herein provided. 7.11 No Waiver. A waiver by either party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement. 7.12 Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, 882/015610-0084 _9_ 755505.04 al1/21/06 DRAFT condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. 7.13 Time of Essence. Time is expressly made of the essence with respect to the performance by the City and the Developer of each and every obligation and condition of this Agreement. 7.14 Non -Liability of Officials and Employees of the City. No member, official or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any Default or breach by the City or for any amount which may become due to the Developer or its successors; or on any obligations under the terms of this Agreement. 7.15 Attorneys' Fees. In any action between the parties to interpret, enforce, reform, modify, rescind, or otherwise in connection with any of the terms or provisions of this Agreement, the prevailing party in the action shall be entitled, in addition to damages, injunctive relief, or any other relief to which it might be entitled, reasonable costs and expenses including, without limitation, litigation costs, reasonable attorneys' fees and expert witness fees. [signatures on next page] 882/015610-0084 _ 1 O_ 755505.04 a11/21/06 DRAFT IN WITNESS WHEREOF, City and Developer have executed this Declaration as of the date written above. ATTEST: City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP City Attorney "CITY" CITY OF LA QUINTA, a California municipal corporation City Manager "DEVELOPER" "LDD" LDD SILVERROCK, LLC, a Delaware limited liability company Its: 882/015610-0084 -11- 755505.04 al1/21/06 DRAFT STATE OF CALIFORNIA ) ss COUNTY OF ) On , before me, a Notary Public, 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, , a Notary Public, 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] 882/015610-0084 -12- 755505.04 al1/21/06 F• y EXHIBIT A LEGAL DESCRIPTION OF PROPERTY [to be attached] 892/015610-0084 EXHIBIT A 755505.04 al1/21/06 EXHIBIT B FOUR STAR QUALITY REQUIREMENTS Four -Star Quality indicates an outstanding hotel providing the guest with a luxury experience in a distinctive setting, including expanded amenities and exceptional service. Guests at a Four Star Quality hotel or resort can expect to find all of the following characteristics: Services Detail • Staff is well-groomed with professional, neat and well -maintained attire. • All staff encountered are pleasant and professional in their demeanor. • Front desk staff are articulate, smile and make eye contact. • The front desk is staffed twenty-four hours. • Restaurant on -site serving three meals daily. • Valet parking is available. • Baggage assistance is automatic. • Complimentary newspapers are delivered to room automatically. Complete room service is available. • Workstation is available where guest can access Internet. • Basic fitness equipment is provided, including treadmills and cycles. • Written confirmation is automatic or offered, either by mail, fax or e-mail. • Guests name is used effectively, but discreetly, as a signal of recognition. • The time from arriving at the reception area until registration is complete does not exceed five minutes (includes queuing). • Bed is plush and inviting with oversized or numerous pillows. • Bedcovers are elegant and stylish and with linens of exceptional quality and comfort. • All written information is provided on good quality paper or pads, custom -printed or logoed. • Bathroom presentation and placement of amenities and linens is thoughtful, careful, and elegant. • Fresh ice is provided during evening service or at another time during the day. r$ w EXHIBIT B 882/015610-0084 Page 1 of 7 755505.04 a11/21/06 • Turndown service is automatically provided. • During turndown service, guest clothing is neatly handled and guest toiletries are neatly arranged and displayed on a cloth or shelf. • Room service is delivered within 30 minutes. • Room service order is delivered within five minutes of quoted time. • Two hour pressing available • Same day laundry and dry cleaning is available seven days/week. • Wake-up call is personalized with guest's name and time of day. • Wake-up call is delivered within two minutes of requested time. • Special service desk identified as concierge/guest service is situated apart from reception/front desk. • If spa services are present, treatments are begun and ended on schedule, within five minutes of expected or booked time. • If spa services are present, during treatment, therapist appears to be genuinely expert, moving seamlessly through the treatment as described and expected. Facilities Details • Self parking area is free of debris, good condition; surfaces, curbs, paths. • All outdoor walkways and approaches are well -maintained and cleaned. • Outdoor awnings, signs, marquees, flags, and plantings are clean and in good condition. • Public spaces are free of obvious hazards. • Elevator landings, cars and doors/tracks are clean and in good condition. • Guest room corridor floors, walls and ceilings are free of debris, marks, and damage. • All furniture, fixtures and equipment are clean, neat and well -maintained. • Ashtrays throughout public areas are well -maintained and free of excessive debris. • Temperature in all interior public areas are maintained in general comfort range. • Public washrooms very hygienic and neat, with well -stocked paper and soap. • Public washroom fixtures, walls and floors are in very good condition. • Meeting rooms are well -signed so that it is easy to find and arrive at a specific room. • Meeting room doors are in good condition, free of nicks and damage. EXHIBIT B ' f 882/015610-0084 Page 2 of 7 755505.04 al 1 /21 /06 g • Meeting room interiors are in generally good condition, including walls, floors and ceiling. • Lobby provides a comfortable seating area. • Lobby floors, walls and ceiling are free of debris, marks and damage. • Lobby areas feature elegant live plants and/or fresh floral displays. • Notices are professional, matching decor, not "homemade". • Vending and/or ice machines are located on each guest floor. • Vending and/or ice areas and equipment are clean, well -lit, and well -maintained. • Service doors are clean, free of marks and damage, and closed. • A variety of different sized and appointed rooms available in hotel. • High quality, varied, and major brand sundry selections are available in an on -site store. • Suite (separate bedroom and living areas) accommodations are available. • A dedicated and secure luggage storage area is available. • Public phones are convenient, and equipped with seats, privacy panels and pad/pens. • Public washrooms are furnished with upgraded materials and appointments/luxurious design. • Televisions feature premium cable TV (two movie channels, two all -news, two financial). • Pay -Movie selections are available through television. • Guest room telephones have two lines. • Guest rooms equipped with data ports (guest can connect laptop to the Internet). • Direct dial phones with direct long distance dialing are available in each guest room. • If public phonebook present, it is displayed in attractive cover. Guest Room Detail • Hardware and hangings (door locks, racks, artwork, etc.) are secure and in good condition. • Carpet/floor is free of debris, stains, wear, loose threads, open seams, etc. • Walls and ceilings are free of marks, stains and damage. • Drapes are free of stains, damage; pull easily and hang properly. EXHIBIT B 882/015610-0084 Page 3 of 7 755505.04 a11/21/06 • Furniture is free of dust, marks and damage. • All printed material including collateral, phonebooks and stationery are neat, crisp and current. • Drawers and shelves are clean, free of dust and debris. • All light bulbs operate; all light fixtures and lamps are in good condition, clean. • Mirrors and windows are free of smudges and damage throughout. • If safe is provided, it is clean, functional and convenient. • Room equipped with accurate, functional clock and radio/stereo. • Color television works and is equipped with remote control, and is minimum 19". • All bedding and linens are free of debris, hairs, damage and stains. • Room heating and air conditioning is easily controlled by guest and is quiet. • Air is fresh and clean, no stuffiness or odors. • Sink, tub, shower, toilet, bidet are very clean, free of hairs, stains and discoloration. • Bathroom tile and grouting is clean, not discolored, cracked or mildewed. • Faucets and drains operate smoothly and easily. • Minimum bath linen is present: one bathmat; two each of facecloth, hand towel and bath towel. • If robes are provided, they are free of spots, stains and loose threads. • Guest room door and frame free of marks, scratches and scuffs. • Comfortable seating for two people (other than bed). • Guest service directory, pad and pen/pencil present and conveniently placed. • Enclosed closets (means closets must have doors). • There are three spacious drawers or enclosed shelves (inside closet). • A Luggage rack or bench provided; and adequate space to leave suitcase. • Extra clean and hygienic blanket and pillow provided in room. • Lighting throughout the room is adequate. • The room can be fully darkened. • Full-length mirror present in room. EXHIBIT B 882/015610-0084 Page 4 of 7 755505.04 al1/21/06 • A hairdryer present in room, clean and functional. • Each guest room has two phones (one could be in the bathroom). • Comfortable desk and chair are available for working, complete with telephone, data port, and light. • Insulated ice bucket, vinyl or better, as well as glass glassware; clean and hygienic are present in room. • Minibar is present (defined as selection of several beverages and snacks). It is non auto - charge, and premium products are attractively displayed. • Minibar is hygienic, free of spills and damage, all products are sealed, price list present. • If coffeemaker is present, it is hygienic, and ceramic mugs and napkins are available. • Pillows are plush and full, no foam. Framed artwork or interesting architectural features exist in room. Excellent lighting is provided in bathroom for makeup and shaving. • Hygienic soap, shampoo and four other bath amenities are provided. Amenities are presented attractively, thoughtfully (not simply lined up on counter). • Towels are of absorbent quality, with soft nap and no discoloration. • Towels are free of spots, stains, tears and obvious frays. • Guest room is of generous size, and provides ample seating for more than two persons. Selection of at least 10 hangers including a variety of bars, clips and padded. • In -room safe is present. • Bed is triple sheeted or features washable duvets. • Live plants are present in guest rooms. • Shaving/makeup, lighted magnifying mirror is present. Specialized Facility Detail • Pool/beach furniture is clean, hygienic and well -maintained. • Pool deck or beach/sand is clean and free of excessive debris. • Pool deck and tiling are in good condition, free of excessive damage or wear. • Pool water is clean, free of debris and free of notable odors. • Pool fittings and equipment (ladders, dive boards) are secure and in good condition. EXHIBIT B 982/015610-0084 Page 5 of 7 755505.04 al1/21/06 g • Tennis court surfaces are in good condition, free of damage and well -marked. • Tennis courts and surrounding areas are clean and free of debris. • Fixtures, nets, lights, fences are well -maintained and good condition. • Pro shop/clubhouse interior are clean and well -maintained; displays and counters neat and tidy. • Pro shop/clubhouse and surrounding areas are clean with well -maintained appearance. • Golf carts are clean, well -organized and maintained. • Rental equipment is clean and good condition, including bags. • Guest can pick up e-mail and access the Internet from a Business Center workstation. • Business Center working areas are clean, tidy and professional. • Comfortable office -style chairs at the Business Center guest workstations. • All fitness, treatment and relaxation areas are hygienic, neatly organized and maintained. • Spa reception area is well-defined, neat and professional. • Fitness equipment is clean, in very good condition, conveniently laid out. • Fitness/workout area is well -ventilated, with comfortable temperature. • Fitness equipment is available with personal headphones/televisions. • Sound system or television provided in fitness/workout areas. • Towels are provided in locker and fitness areas. • Grooming area equipped with hairdryers; soap and shampoo conveniently placed. • All amenities are neatly and professionally presented; very hygienic. • Locker room, showers, sauna and hot tub extremely clean, hygienic appearance. • If Business Center is present, a semi -private working area with workstation and telephone is available for guests. • If a spa exists on site, robes and slippers or spa sandals are available in variety of sizes, and they are clean and in good condition. • If spa or fitness center exists on site, complimentary amenities to include body lotion, shower caps, talc/deodorant and combs. • If spa exists on site, at least two types of massage and either body treatments or facials are also offered. EXHIBIT B 882/015610-0084 Page 6 of 7 755505.04 a11/21/06 If tennis is available on site, water is available courtside. • If pool or beach service is present, ample towels are available poolside or at the beach. • Current newspapers and national -title magazines are provided in fitness and locker areas. • If spa, treatment rooms are equipped with individually controlled temperature and sound system. EXHIBIT B - 8a2/015610-0084 Page 7 of 7 755505.04 al1/21/06 DRAFT RECORDING REQUESTED BY AND THEN RECORDED MAIL TO: Ci o La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager (Space Above This Line for Recorder's Office Use Only) (Exempt from Recording Fee per Gov. Code. L27383) DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS This DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ("Declaration") is entered into this day of , by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California ("City"), and LDD SILVERROCK, LLC, a Delaware limited liability company ("Developer"). RECITALS: A. Developer is the fee owner of that certain real property located in the City of La Quinta, County of Riverside, State of California, and more particularly described on Exhibit A attached hereto (the "Property"). B. Developer has obtained approval from City to develop and operate on the Property [select applicable Phase of Development: (a) a "Four Star Quality" (as at term is defined th in Section 1 2 below) luxury hotel with associated amenities; _ ;y or (b) a "Four Star Quality" (as that term is defined in Section 1.2 below) casitas develonmentl (the "Project"). C. As more particularly described in A-iir.W4Section 1.1 hereof, a portion of the Project has been subdivided into condominium units. D. Pursuant to that certain Development Agreement entered into by and between Developer and City on or about , which was recorded on , as Instrument No. , in the Official Records of the County of Riverside (the "Development Agreement"), as a condition to the approval of the Project and prior to City's issuance of a temporary or permanent certificate of occupancy for the Project, Developer is required to record this Declaration against the Property. 882/015610-0084 _ 1 755505.04 at1/21/06 E. Developer and City desire to enter into this Declaration to bind the Property.- aLrid all of the "Units" (as that term is defined in Section 1 1 below) thereon The restrictions and covenants her shall be deemed to he included with and i nosed as restrktons each e ance of a C dQMiniM_n1JdQtd, Unit and r l 1 express reference thereto in the deed evidencing such conveyances DECLARATION NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Developer agrees for its own benefit, the benefit of the "Operator" (as hereinafter defined), and for the benefit of City as follows: Restrictive Covenant. 1.1 Project Accommodations. The Project includes [select applicable: (a) a main hotel building containing _ units (each, a "Unit," and collectively, the "Units"), with _ (_J of such Units owned by the Developer and managed by the Operator, a (_J of such Units available for sale to third -party owners (each, a "Condominium Hotel Unit," and collectively, the "Condominium Hotel Units"). _of G-0 66 7) •the "Fr-aetioaal ( ) of such Units designated gs G6Fractional iTniti" (as that term is defined below. and one or more caritas buildings g _ �� Fractional Units.- ; or 9ne2n� or containing Condominium Hotel Units and _ (� � ( ) more caritas buildings containing _ units (each, a "Unit," and collectively, the "Units"), with ---(__) of such Units Uniteavailable for sale to third -party owners (each, a "Condominium Hotel Unit," and collectively, the "Condominium Hotel Units"). , ' fGIFF-RetOf hoff.6M.M.Rpr 3:_A&A4* -41y as a "Individually Owned Condominium Motel Unit .". and ( ) of such Units designated as "Fractionall Units" (as that term is defined below).] For purposes of this Declaration a "Fractional Unit" is a Unit that is either (i) a condoi i h ownership of which is divided into multiple fractional interests. inclumng,_ w>ltho d limitation timeshare interns*� aach of which can either be owned by a separate owuCi of i,:..><. ...one ennh nwner the right to use such un><t for by single owner- and each of w --- ---- -- different period of time or (b) owned in fee by the Developer Destination Hotels �ii Resorts Inc a California limited liability comp nv ("DIiR"1 or a successor In lnLerC�i �0 Developer Qr DHR that is authorized or permitted pursuan�_the DuCI oM—CRA Agreement, a in Which mpmhPrshiDs are sold to third Varies giving such parues hp- __ the rT_:� e... .,...+.,:....o.-:.,.�c of time All Units i ro' sh rightfl e completely furnished with furniture fixtures and eampment to the standard establi Operator of the Proiec A furnit ea e account shall he established and maintained mn in an annt reasnnablV repUlreQ DV lly. <u 882/015610-0084 -2- 755505.04 al1/21/06 DRAFT 0 within the Units to maintain the facility at a Four star uuauiv. 1.2 OManagemeat of Proiect• Management of Condominium Hotel Units. During the term of this Declaration, each Unit shall be managed by the person or entity designated by the owner of the-ee(Se1P�t annli ahle• (al the Proiect: or (bl the resort hotel ftyelonment c0 struc ed on Parcel o arse an recorded on in Book Pages to in t e Offlcia , or s :ilei the County of • to operate the Project (the "Operator"). to addition, when 4+ea Condominium Hotel Unit is not being used by the owner thereof (each such owner hereinafter an "Owner"), or non -paving guests of Owner. such Condominium Hotel Unit shall be made available for rental as a hotel room in the Project. If the Operator is not the Owner's rental agent, or if the Owner is acting without a rental agent, then the Operator shall have the right, working through the Owner or its designated rental agent, to book such Owner's Condominium Hotel Unit (to the extent it is then unbooked) to fulfill demand made of Operator within the Iasi -two (2) weeks prior to the date �"=when such Condominium Hotel Unit is needed.- for booking by the Operator. In all circumstances, the Operator shall have full access to each Unit's reservation and booking schedule, so that the Operator can fulfill its booking and management obligations hereunder. As used in this Section 1.2, the terms "managed", "management" and words of similar import shall mean that the Operator shall be engaged by eacla Owner of a Unit pursuant to Operator's then -standard form of agreement to manage the upkeep and care of such C -a m �Unit and its use by parties other than the Owner, including by providing such services as—+eu6*e beep} at "Four Star Quality" (as defined below) ho (including electronic kevsl routine housekeeping laundry and dry cleaning room service catering and other food and beverage seUnmawd r i r -- c of such bellman sgryim The a5r, of such services charges or fees as maye i bmposed generally on hotel guests The Operator shall have the exclusive right to restrict and control access to any and all shared facilities within the Project, nruidr. the same does not restrict an Owner's right of access to her, hiS oc tts Unit, except that Unit access including by Owner, shall be subject to mandatory registration at the front desl� to obtain a key to the mt which key matt pe an e><ectrouiry ketiy, The Operator's management obligations shall also include upkeep and repair of the interior of each Unit, and monitoring and managing repair and replacement of furniture, fixtures and equipmentekeek. fit and e4eek-oout ,_For purposes of this Declaration the term "Four Star Quality" means that the Proiect nfferc and provides the ^�� fae.•NtaPC anti amenities listed In N:xhlblt "15 which is attached hereto and incorporated herein by this reference. 1.3 Limitations on Use of Condominium Hotel Units. The Condominium Hotel Units are subject to the following restriction on Owner occupancy, (i) the Owner of a Condominium Hotel Unit (no matter how many parties constitute such Owner) may occupy such Owner's Condominium Hotel Unit (a) for no more than 882/015610-0084 -3- 755505.04 a11/21/06 sixty (60) days per calendar year, of which no more than thirty (30) days nhTfm be during the period Qf November I through April 30 of each such calendar year, and (b) for no more than twenty-nine (29) consecutive days; (ii) a minimum seven (7) day period shall intervene between each twenty-nine (29) consecutive day period of occupancy by the Owner; and (iii) when not being used by its Owner, each such Condominium Hotel Unit shall be available as a Project accommodation. Each Condominium Hotel Unit shall be managed by the Operator, as set forth in Section 1.2 hereof. For purnoses of this Section 1.3 only the term "Owner" shall mean and refer to the Owner and any non-paying guest of the Owner for whom the Owner refer s its Unit 1.4 Use by Hotel Guests. Any person or entity who pays to occupy a Condominium Hotel Unit (a "Hotel Guest"1 shall not occupy or have the right to occupy such Condominium Hotel Unit for more than twenty-nine (29) consecutive days. On or before the twenty-ninth (291h) day, the Hotel Guest shall check out and vacate of such Condominium Hotel Unit. 1.5 Excess Use Fee. If any Owner or Hotel Guest occupies a Condominium Hotel Unit beyond the time periods permitted in Sections 1.3 and 1.4 (as applicable), then such Owner or Hotel Guest shall pay to the O,��erator, for remittance to the City, athe following daily fee for each such day that the Owner's or Hotel Guest's occupancy exceeds the permitted number of days: (i) Twenty Dollars ($20.00) per day for studio Condominium Hotel Units and one -bedroom Condominium Hotel Units; and (ii) Thirty -Five Dollars ($35.00) per day for two -bedroom Condominium Hotel Units and for presidential villas (the `'Excess Use Fees"). Each of the Excess Use Fees shall be increased annually, on januaff 1,-by the a&February 1 during the ter n_QL this Declaration by the "ADR Index " For nurnoces of this Declaration *he "ADR Index" shall mean the average increase in the average daily room rate at the Pfejee. for the Miramonte Resort & Spa La Ouinta Resort & Club the Hyatt Grand ('hamnions Renaissance ■_1___L _J L Esmeralda and the Piroiect as determined and nuhlished in the STR Report pu 1hh-9 uv nA Smith Travel & Research or if the STR i e statistical report that analvzec the nercenta2p inorPacP ,n average daily room rates ai the foregoing hotels and resorts Notwithstanding anything in this lleclarJion to ine conirarv. _ _r..L_ if the ADR In decrease in.•^�1 decrease shall not result in any of the kt required hereunder ]["stead the ADR shall be deemed not to have �han�ed cmce the prior g2r• 1.6 Recordation of Covenants Conditions and Restrictions. Prior to, and as a condition of, the City's issuance of any temporary or permanent certificate of occupancy for the Project, the Developer shall submit to the City, obtain approval thereof, and record, covenants, conditions and restrictions- (the 11C® &Rs") against the Property which]=shall provide for (4 establishment ofe-^*TM�P^WnPr's a ociation for the Pro• the "Associations; an-(ii) shall provide for the Association's collection of and payment to the City of the fees described in ection 2 below• riiii i� na�accary t^ create a condominium re or the condominiums de cribed o all applicable laws (iv) gi arb c tc forth the maintenance obligations of the owners of the Condominium otel Units; and (y) includen a. disclosurerwnership 882/015610-0084 -4- 755505.04 al1/21/06 DRAFT and control of the existing golf course and any.future golf course that may be developed in the "SilverRock Resort Area" (as that term is defined below) and a statement that _IDs not and cannot guarantee that the City will not retake changes to such golf course(s) or change the use of the underlying real property (the The CC&Rs shall provide that the City is a third party beneficiary thereof with the right, but not the obligation, to enforce the terms thereof which are set forth in this D@ejaFatien&gtW=n==IA and shall require the written approval of the City prior to any amendments thereto to the provisions thereof which are also set f fth in thisDeela' set forth in this Section 1 6 For purposes of «i 1 o the rpal property n included_ r,.a by the Silver" --Ill Recnrt �neciflc Plan. also Specific 06 ^^ as amen a�a >�.-• P^ .,h.*:^ 2006 083 which h Oninta City Council on,lnly 18.2006. 1.7 Reporting Requirements. During the term of this Agreement, within thirty (30) days after the end of each calendar quarter (i.e., by each April 30, July 30, October 30, and January 30), the Association shall provide to City a report that contains all of the following information on each Condominium Hotel Unit for such calendar quarter: (a) the number of said Unit; (b) the name -and,, address and phone number of the Owner of such Unit; (c) a-li&t� the dates the Unit was occupied by nPrcnn� other than han the 3wner of the Unit, ,(d)the dates the Unit was occupied by t e Owner (e) t of any Hotel Guests (o than the Own occupancy e the identity of the rental agent for said Unit; cif snot the Operator); and (eg) the transient occupancy tax (as that term is used in La Quinta Municipal Code Chapter 3.24) (hereinafter, "TOT") that has been collected by the Operator and remitted to the City for sueh transient @eruse of said Unit during such calendar quarter (each, a "Quarterly Report"). 2. Resort Fees 2.1 Condominium Hotel Units. During the term of this Agreement, r e Condominium Hotel Unit. on or before each February �;?C commencing asp—to-�asl� _ the first February 28following the date on which hbg Condominium Hotel Unit has both-(*D received a certificate of occupancy, and (yij been sold to a third party, as evidenced by the close of escrow for such Condominium Hotel Unit sur.h third ' (the "CHU Annual Resort Fee Payment Date"), the Association shall (i) provide to the City a report that r-esteA w& retains all of the information contained in ea6hg— Quarterly Report (as described in Section 1.7 above) for the immediately preceding calendar year (the "Annual Report"); and (ii) collect from the Owner of such Condominium Hotel Unit Owner- fer4faw4n4ta� and remit to the City 4� '' ^ ��• ' ��" an annual resort fee €er eaeh 1, r a u to1 T TX.X each, a "CHU Annual Resort Fee") covering the January 1 through December 31 period occurring immediately preceding the CHU Annual Resort Fee Payment Date (the "Operative Year"). CHU Annual Resort Fees shall be prorated or any Partial ownership calendar year based on the time IDerigd during.which 511ch VniLff-as owned by the Owner The CHU Annual Resort Fee for studio Condominium Hotel units and for one -bedroom Condominium Hotel Units shall be One Thousand Two Hundred Dollars ($1,200) per year for the first two Operative Years, and One Thousand Eight Hundred Dollars ($1,800) for each subsequent Operative Year [as the same may increase. on each February 1, by 882/015610-0084 -5 - 755505.04 al1/21/06 the ADR Index];,L d ,_ The CHU Annual Resort Fee for two-bedroom1—adividUa Red Condominium Hotel Units and for the presidential villas shall be One Thousand Eight Hundred Dollars ($1,800) per year for the first two Operative Years, and Two Thousand Four Hundred Dollars ($2,400) for each subsequent Operative Year [as the same may increase February 1 by the ADR Index]. Notwithstanding anything herein to the contrary, to the extent the Annual Report indicates that the City has actually received TOT revenues collected by but Operator and generated from the occupancy of a Condominium Hotel Unit during such Operative Year, the TOT revenues collected by the Operator and remitted to the City for said Unit shall be credited against the CHU Annual Resort Fee owed by such Unit, and the C4U amount owed shall be reduced by the same amount. For example, if in the first Operative Year %L amount of One Thousand One Hundred Fifty Dollars ($1,050) has been paid to the City as TOT based on transient occupancy of a studio Condominium Hotel Unit., the Association shall collect from the Owner of said Unit and remit to the City only the sum of One Hundred Fifty Dollars ($150.00) as t11 C14 T " niaa Rese14 Fee. --_ In the event a CHU Annual Resort Fee is remitted to the City for a Condominium Hotel Unit for which the City has received TOT from a source other than jbLOperator, the City shall provide a rebate to the Owner of said Unit in the amount of the TOT collected for such Unit up to but not in excess of the CHU Annual Resort Fee paid by or on behalf of such Owner on account of such Owner's Condominium Hotel Unit• ono %nvthing herein to the contrary if a Condominium Hote Unit has not vet been sold to a thi d party, and Deve omer o e sera L „ occupancy in such Unit free of charge or at aeduced or snau rrate Developer or *ne uperat may to tine Citv TOT revenues nn the rental amount +hat wn�ld have been cha_r2ed and collected on such Unit if such Unit rrent rental rate for the Unit. 2.2 Fractional Units. During the term of this Agreement, for each Fractional Uni on or before each February 28" commencing on the first February 287tfollowing the date on which i ' h the condominium unit in which the Fractional Unit is located received a certificate of occupancy, _(for Fractional Units which are condominiums) or (b) the Unit received a certificate of )mpancy- Fractional Units which are not condominiums) anrll (nl the Fractional Unit has been sold to a third party, as evidenced by the close of escrow for such Fractional Umt, ' use (the "Fractional Unit Annual Resort Fee Payment Date"), the Association shall collect from the OwnerW of eaekmLch Fractional Unit and tfansmitremit to the City an annual resort fee f fastional iaterest4each, a "Fractional Unit Annual Resort Fee") covering the prior Operative Year. Fractional Unit Annual Resort Fees shall be prorated for any partial ownership calendar year based on, the time period during which such Fractional Unit was owned by an Owner.4f4he initial pa#ieA ownership ealeadaf yeaf is less than si* (6) menths, then the first Qpefa4ive 882/015610-0084 -6- 3 755505.04 al 1/21/06 DRAFT +ear: The Fractional Unit Annual Resort Fee for Fractional Units containing up to six hundred square feet (600 sf) shall be Four Thousand Three Hundred Eighty Dollars ($4,380); the Fractional Unit Annual Resort Fee for Fractional Units containing between six hundred one square feet (601 sf) and nine hundred fifty square feet (950) shall be Five Thousand Four Hundred Seventy -Five Dollars ($5,475); the Fractional Unit Annual Resort Fee for Fractional Units containing between nine hundred fifty-one square feet (951 so and one thousand six hundred square feet (1,600 sf) shall be Six Thousand Five Hundred Seventy Dollars ($6,570); the Fractional Unit Annual Resort Fee for Fractional Units containing between one thousand six hundred one square feet (1,601 so and two thousand five hundred square feet (2,500 sf) shall be Seven Thousand Three Hundred Dollars ($7,300); and the Fractional Unit Annual Resort Fee for Fractional Units containing more than two thousand five hundred square feet (2,500 sf) shall be Eight Thousand Thirty Dollars ($8,030). T-he ach Fractional Unit Annual Resort Fee shall be ' increase annually on each February 1, by the ADR Index. Each Fractional Unit Annual Resort Fee shall be divided equally among each of the Owners of a grvenRarti�eular Fractional Unit, and each such Owner shall be responsible for the &aetien 9� of the > al -Fractional Unit Annual Resort Fee allocated to such Owner's Frassoalfractional interest. CaIP of a UWL. Prior to the sale of any Unit by the Owner thcreof the im so i o r i 212 Un n I fur caid I nit 3. Term. This Declaration shall become effective on the date on which the Property is subdivided to create the Condominium Hotel Units (as evidenced by recording of a condominium plan which imposes a condominium regime on the Condominium Hotel Units) and shall continue in full force until the earlier to occur of (i) termination of this Declaration by written agreement of Developer (or its successor or assign, as applicable) and the City, or (ii) the date on which the Proiect, or a hotel or resort ceases to be operated on the Property, provided Developer or its successor or assign provides City sixty (60) days prior written notice of such cessation. Notwithstanding the date on which this Declaration becomes effective, afinxal resort manes and Fra linnal Unit Annual Resort ees shall only be payable commencing on the dates provided herein. 4. Covenants Running With the Land. Developer declares that ali of the Units shall be held, conveyed, hypothecated, encumbered, leased, rented, used, and occupied subject to the provisions of this Declaration, all of which are declared to be in furtherance of and for the protection of and maintenance and improvement of the Geadem -Units and to comply with the conditions. Pursuant to applicable law, including, but not limited to, Section 1462, 1465 and 1468 of the Civil Code of the State of California, all provisions of this Declaration (i) are hereby imposed as equitable servitudes on gagh of the Units for the benefit of Developer, ' and-assiws; Operator,=nd their successors and assigns and the City, and (ii) shall run with the land and be binding upon and inure to the benefit of each of the Units and each and every portion 882/015610-0084 —7- 755505.04 al1/21/06 DRAFT thereof or interest therein, and all parties having or acquiring any right, title, or interest in the Units or any portion thereof, and their successors and assigns. Charges Developer agrees on behalf of & Assessment Anneals ©they Fees aifd ertv or its If, and on behalf of all persons or entities that may o the term this no Declarationthe Units i t dUring -of - payments r be - challenge, made to the Cite 12mrcuant to the terms of this Declaration Developer shall timely 1 fees charges levies assessments and special and general tans yaliaiy imau�Cd applicable ' ° in c n i Code && 65995. et sea. limitation scho^1 impact fees in accordance with Government 6 Default; Remedies; Dispute Resolution. fill 1Vntice of i)PfauIt In the event of failure by Developer or Developer's to perform any material term or successors Declaration. in interests the City shall have those right anti remethec provided herein nroylaea hal the City has first provided to Developer a written 'c per r i red the by Section 71 hereof r •�>� ,.•4;..;h� identify � �l�L Soci _dl +hn natllrP of the alleged default and �u manner in which said default may satisfactorily be cured. -0,2 Cure of Default Upon the receipt of the notice of default Developer shall nromntb PAmmPncP to cure correct, identified de r liCA reasonable time after receipt of the notice of default and shall complete the cnrQ_ correction 0r remedy suc,h default nQtIalff [or thirty n L� defaults] -Qf after receipt of the notice n be cured corrected or remedied within fly e (5) days [or thirty (301 days for non -monetary Dcycloper shallwithin-such f" l51 day per' for thirty (30) day period for non-mone defaults n ,continuously and diligently prosecute such cum correction or remedy to completion. Al City Reme&5 in the event oL an uncured default by Developer or its in interest of the termsmcccaors io or rernedv such default enioin any legal action in law or in ea>tity to cure correc threatened or attempted violation or enforce the terms of this Declaration; provided, however, default. that in no event shall City be entitled to consequential damages for any lieveloner I -S-Miscellaneous. 21 54-Notices. Any notices, demands or other communications required or permitted to be given by any provision of this Declaration or which any party may desire to give the other shall be given in writing, delivered personally or sent by certified mail, postage prepaid, facsimile, or by a reputable delivery service which provides a receipt with the time and date of delivery, addressed to a party, at the addresses set forth below, or to such other address as said party may hereafter or from time to time designate by written notice to the other party. To Agency: La Quinta Redevelopment Agency Y 882/015610-0084 _8- 755505.04 al1/21/06 DRAFT 78-495 Calle Tampico La Quinta, California 92253 Phone No.: 760-777-7031 Facsimile No.: 760-777-7101 Attention: Assistant Executive Director bl I AnIQn. uitc 1409 P.O.�, ' 1 1 CDsta \/ 92628 Phone Na.L114--64L-51QQ Facsimile ,Q '1- Attention; M. KatheirD&I-enson M To Developer: LDD SilverRock, LLC 74-001 Reserve Drive Indian Wells, California 92210 Phone No.: 760-674-2200 Facsimile No.: 760-779-1646 Attention: Theodore R. Lennon, Jr. With copies to: Manatt, Phelps & Phillips, LLP 11355 W. Olympic Boulevard Los Angeles, California 90064 Phone No.: 310-312-4217 Facsimile No.: 310-312-4224 Attention: Timi A. Hallem and Lowe Enterprises, Inc. 11777 San Vicente Blvd., Suite 900 Los Angeles, California 90049 Attn: Corporate Counsel Phone No.: 310-820-6661 Facsimile No.: 310-820-8131 With a eep -40+ Dutcxr & Tuakef,—bDD ii 1950 Costa Go 92629 Notice given by United States Postal Service or delivery service as provided herein shall be considered given on the earlier of the date on which said notice is actually received by the 882/015610-0084 -9- 755505.04 al1/21/06 DRAFT party to whom such notice is addressed, or as of the date of delivery, whether accepted or refused, established by the United States Postal Service return receipt or such overnight carrier's receipt of delivery, as the case may be. Any such notice not so given shall be deemed given upon receipt of the same by the party to which it is addressed. 2,3 Books and Records Upon not less than ten (10) days written notice to Developer (or its successor or assigns) Developer shall make avai a e r inspection and copy in�the honks and records of Developer pertaining to the rru>lec so as to permit Citv to audit compliant . Dec ar Z, Developer's Limitation on Damag s Developer covenants on behalf of itself and its snC999-as ARAMSigns, including the owxt the ni _ r damages controversy or issue between Developer and City regarding this Declaration or any of the matters referred to herein including but not limited to any of the fees re e i hereunder 24 2M �--ortgagee Protection. No portion of this Declaration or any amendment or violation thereof shall operate to defeat or render invalid, in whole or in part, the rights of the beneficiary, insurer, guarantor, or holder of any mortgage or deed of trust encumbering any portion of the Property; provided that, after foreclosure of any such mortgage or deed of trust, the property foreclosed shall remain subject to this Declaration. 7.5 &-3-Governing Law. This Declaration shall be governed by the internal laws of the State of California, without regard to conflict of law principles. 7.6 &.4-Interpretation• Incorporation. This Declaration shall be interpreted to give each of the provisions their plain meaning. The Recitals and the exhibits attached hereto are incorporated into the Declaration. 7J --5-5-Language Construction. Designations used herein are for convenience only and shall not be controlling in the interpretation of this Declaration. Z$ 5.6-Amendment. This Declaration may only be amended pursuant to a written amendment, executed by Developer (or its successor or assign) and City, and recorded in the Office of the Recorder of Riverside County, California. 7.9 54-Counterparts. The parties may execute this Declaration in counterparts. Each counterpart shall be deemed an original instrument as against any party who has signed it. 2,1Q 543-Successors and Assigns. All of the terms, covenants and conditions of this Agreement shall be binding upon the Developer and its permitted successors and assigns. Whenever the term "Developer" is used in this Agreement, such term shall include any other permitted successors and assigns as herein provided. yL1 5-.9-1jo Waiver. A waiver by either party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other party 882/015610-0084 _ 10_ 755505.04 al1/21/06 D :_�� R shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement. 2 c�ceverability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. 7A3 54 --Time of Essence. Time is expressly made of the essence with respect to the performance by the City and the Developer of each and every obligation and condition of this Agreement. JAA 542-Non Liability of Officials and Employees of the City. No member, official or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any Default or breach by the City or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Agreement. 5-Attorneys' Fees. In any action between the parties to interpret, enforce, reform, modify, rescind, or otherwise in connection with any of the terms or provisions of this Agreement, the prevailing party in the action shall be entitled, in addition to damages, injunctive relief, or any other relief to which it might be entitled, reasonable costs and expenses including, without limitation, litigation costs, reasonable attorneys' fees and expert witness fees. [signatures on next page] IN WITNESS WHEREOF, City and Developer have executed this Declaration as of the date written above. "CITY" CITY OF LA QUINTA, a California municipal corporation City Manager ATTEST: City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP City Attorney 882/015610-0084 -11- 755505.04 al 1 /21 /06 DRAFT "DEVELOPER" "LDD" LDD SILVERROCK, LLC, a Delaware limited liability company IM Its: 882/015610-0084 - 1 2- 755505.04 al1/21/06 DRAFT STATE OF CALIFORNIA ) ) ss COUNTY OF On , before me, _, a Notary Public, 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, , a Notary Public, 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] 882/015610-0084 -13- 755505.04 al1/21/06 DRAFT EXHIBIT A LEGAL DESCRIPTION OF PROPERTY [to be attached] w� 882/015610-0084 EXHIBIT A 755505.04 at1/21/06 EXHIBIT B Four Star Quality indicates an Qutctanding hotel providingthe west with a luxury experience in a distinctive setting including expanded amenities and exceptional service. to find all of the followxn-p- r c. ___ Z-Zi ,.,. --+ characteristics: Services Detail • Staff is well groomed with professional neat and WPn_n,aintained attire. All staff encountered are pleasa t and professional in their demeanor. Front desk stafff are articulate smile and make eve contact. The front desk is staffed twenty-four hours. Restaurant on -cite serving three meals daily. Valet parking is available. ��r�aaP �. _assistance is automatic. • iOinglimentary neWSpaperS are dPlivPred tO rOOm autOmat�l V• Complete ms rvm roois available. • Workstation is available where guest can access Internet. • Basic fitness eauigment is provided including treadmills and cycles: • Written confirmation is automatic or offered either by mail, fax or a -mail. • Guests name is used effectivelg�but �i•�.-PPti� as a signal of recognition. • The time from arriving at the reception area until registration is complete does not exceed five minutes (includes aueuingl Bed is plush and inviting with oversized or numerous pillows. • Bedcovers a�� lPaant and ctvlip-h and with linens of exceptional aualiy and _All written information is provided on good quality paper or pads custom printed or EXHIBIT B r 882/015610-0084 Page I of 7 755505.04 al1/21/06 • Bathroom presentation and nlaeement of ameitiesnd nalinens is th��ul and elegant Fresh ice is provided duripe eVenina service or at another time during the day Turndown service is automatically provided. During turndown service guest clntliing is neatly handled and guest toiletries are neatly arranged and displayed on a cloth or shelf . Room sered within."" minutes • Room service order is delivered within five minutes of auoted time • Two hour pressing available • Same day laundry and dry clleaning is available seven days/week. Wake up call is personah��' w;*h Q„e�*'s name and time of day. wa>rP &js delivered within two minutes of requested time. .Spccial service dok identified i o reception/front desk • If s e A ev. are present, treatments are begun and ended on schedule within five minutes of P.rnertcd nr hooked time. • If spa services are present during treatment therapist annears to be ¢ens gin enece expert, atreatmnt public &.D=5 are free of obvious hazards Elevator'�,.,ic,.rt. tars and^orc/tracks are clean and in good condition. _Guest room corridox floors walls and ceilings are free of debris marks. and All furniture"^"'nment are clean neat and well maintained Ashtrays throughout public" * oa 'nd free of PY�eccive debris Temperature in an interior public areas are maintained in general comfort range• EXHIBIT B 882/015610-0084 page 2 of 7 755505.04 al1/21/06 Pubh^ washrooms dery hygLenit• and neat with well stocked paper • 1 1 1 c at a specific room. 1 • 11m dnnr,.% areMeeting r1_ !11/ I L1.. 11_ 1. 1_ •.- 1.1 1 1L:• 1 1r ren uperally' 1 1 1 1 1. 1 1 1 1_ _ 1_ _I_ ' 4 1 1/ . Lo • Lobbv floors walls apd ceiling are free of debris. marks ana aaiiia�C. • Lobbv areas feature elegant live ntantc antl/or fresh floral displays. Notices are nrmksminnal mat'•rhinu decor not "homen� ems" Venrlinu and/or ice machines are located on each guest floor. Vending and/or ice areas and eauipment are clean well it, and well -maintained. • Service doors are clean free of marks and damage and closed a variety of different sized and appointed rooms available in hotel. nigh quality, vaned and maior brand a polo^*�^n� are available in an on -site sto e• • Suite lSenarate bedroom and living areas) accommodations are available. A dedicated and cprnrctnrag- area is available Public mbo conyenkn and enninned with seats, privacy panels and • Public Anahrnnmc are furnished with up rad d materials and appointments/luxurious design. Televisions feature 2emium cable TV (two movie channels. two all -news. two l i IL Pav Movie celectinns are available thrnnuh television. I, _" •./ 1 1 1 U a i' I 1 • Guest rooms equipped with data nnrtc (guest can connect laptop to the Internet). • Direct dial ones with direct long distance rtlialina are available in each guest room If public phonehook present it dicnlaverl in attractive cover. EXHIBIT B 882/015610-0084 Page 3 of 7 755505.04 a11/21/06 Guest Room Detail • H_ardware and hangings (door locks racks or artwk etc) are secure and in good condition. Carpet/floor is free of debris stains wear, loose threads open seams. etc. Walls and ceilings are free of marks. stains and damage. Draw are free of stains damage; pull easily and hang properly: Furniture is free of dust marks and damage All printed material including collateral nhonebooks and stationery are neat crisp and current. Drawers and shelves are clean free of dust and da ris • All light bulbs operate all light fixtures and lamps are in good condition clean. • Mirrors and windows are free of smudges and d ou If safe is provided it is clean functional and conyenient. • Room c uipped with accurate functional clock and radio/stereo. Color television works and is equipped with remote control and is minimum 19". . en be ding and linens are free of debris hair damage and stains. • Room heating and air, conditioning is easily controlled by guest and is quiet, • Air is fresh and clean no stuffiness or odors e .nU tuh shower toilet bidet are very clean free of hairs stains and discoloration • Bathroom the and grouting is clean not discolored cracked or mildewed. Faucets and drains operate smoothly and easily. • Mmimum bath linen is present one hathmat two each of facecloth hand towel and bath towel. If robes are provided they are free of spots stains and loose threads: Guest room door and frame free of marks scratches and scuffs• Comfortable seating for two people (other than bed). • Guest service directory, pad and pen/pencil present and conveniently placed. Enclosed closets (means closets must have doors). EXHIBIT B g c 882/015610-0084 Page 4 of 7 755505.04 al1/21/06 • There are three spacious drawers or enclosed shelves (inside closetl • A Luggage rack or bench provided; and adequate space to leave suitcase. Extra clean and hygienic blanket and pillow provided in room. Lighting throughout the room is a equate The room can be fully darkened. • Ful gt➢t mirror present in room • A hairdryer present in room clean and functional. Each guest room has two phones (one could be in the bathrooml. Comfortable de_ sli and chair are available for working complete with.telephone, data ports and light, • Insulated ice bucket vinyl or better as well as glass glassware• clean and hY ieni are present in room. • Minibar is present (defined as selection of several beverages and snacksl. It is non Au o charge and premium products are attractively displayed. Minibar is hygienic free of spills and damage all products are sealed price list present. If coffeemakerb s•n=t it is hv`*'onir and �eramis mugs and napkins are available. • Pillows are plush and full, no foam. Framed artwork or interesting architertnral features exist in room. • Excellent lighting is provided in bathroom for makeup and shaving. Hygienic soap. chamnnn and four other bath amenities are provided Amenities are presented attractively, thoughtfully (not simply lined up on counter . • Towels rhant quality with snft nap and no discoloration. Towels are free of spots stains. tears and obvious frays. Guest room is of genero»c sine and provides ample seating for more than two Selection of at least 14 hangers including a variety of bars clips and padded. In -room safe is present. • Bed is triple sheeted or features washable duvets. EXHIBIT B 882/015610-0084 Page 5 of 7 755505.04 al 1 /21 /06 g • Live plants _are precent in guest rooms. • Shaving/makeup lighted magnifying mirror is present• Specialized Fac.1. etail • PooUbeach furniture is clean hygienic and well -maintained • Pool deck or beach/sand is clean and free of excessive debris. Pool deck and tiling are in good condition free of excessive damage or wear• • Pool water is clean free of debris and free of notable odors Pool fittings and equipment (ladders,, dive hoards) are secure and in good condition. Tennis court surfaces are in good condition free of damage and well -marked. Tennis courts and surrounding area arP ocean and free of debris. Fixtures, ysL+ jights 4•PnoPc m WPII maintained and good con ition l Pro shop/clubhouse interior are clean and well -maintained; displays and counters neat and tidv. • Pro shop/clubhoe and surrounding areas are clean with well-mai usntained appearance. Golf carts are clean well nruanized and maintained • Rental eauipment is clean and good condition including bags. Guest can pick up a mail and access the Internet from a Business Center workstation. • Business Center working areas are cleans tidy and professional • Comfortable office style rt•I>lairs at the Business Center guest workstations • All fitness treatment and relaxation areas are hygienic neatly organized and maintained. c� ro^pUt;n,l area is well defiSpaned neat and professional. • Fitness equipment aloan in very annrl pnnrlitinn conveniently laid out. • FitnesSLfnrknnt area is well -ventilated with comfortable temperature. Fitness ennigment is available with personal headphones/televisions. Sound system or television provided in fitness/workout areas. EXHIBIT B 882/015610-0084 Page 6 of 7 755505.04 at 1 /21 /06 • Towels are prgyi dtd in locker and fitness areas • Grooming area equipped with hairdryers• soap and shampoo conveniently placed. • All amenities are neativ and professionally presented• very hygienic. Locker rnnm clnnwPrc ca>I>Ina and hot tub extremely clean hygienic appearance. I BusinEss Center is present. a semi private working area With workstation and telephone is available for guests. • If a spa exists an site robes and slippery nr cna sandals are available in variety of sizes and they are clean and in good condition • If spa or fitness center exists on site complimentaryies to include body lotion shower ca^. talr/dcg nrant and combs If spa exists on site at least two types of massage and either body treatments or facials are also offered. • If tennis is available on cite water is available courtside. • If pool or beach service is presents ample towels are avai�ahle nnnlcide or at the beach. Current newspapers and national title magazines are provided in fitness and locker .areas. I_f �g treatment rooms are equipped with individually controlled temperature and sound system. EXHIBIT B 882/015610-0084 Page 7 of 7 755505.04 al1/21/06 Document comparison done by DeltaView on Tuesday, November 21, 2006 12:32:58 rrput#* Document 1 pcdocs://docs1/755505/3 Document 2 cdocs://docs1/755505/4 Rendering set Standard Format Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statist: Count Insertions 409 Deletions 110 Moved from 0 Moved to 0 Style change 0 Format chap ed 0 Total changes 519 T'af 4 4 a" COUNCIL/RDA MEETING DATE: November 21, 2006 ITEM TITLE: Public Hearing to Consider an Ordinance Approving Development Agreement 2006-012, Between the City of La Quinta and LDD SilverRock, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Take up Ordinance Number , by title and number only and waive further reading. Introduce Ordinance No. on first reading approving Development Agreement 2006- 012, as depicted in Exhibit A. FISCAL IMPLICATIONS: In addition to the Transient Occupancy Tax (TOT) which the project will generate, the Development Agreement establishes fees for condo hotels and fractional/timeshare units. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: As part of the long term development effort for the SilverRock Resort, the City has negotiated a Development Agreement (Attachment 1) with LDD SilverRock LLC, to undertake the development of commercial and hotel components of the project (Planning Areas 3, 4 and 5 of the Specific Plan). The hotel component of the Planning Areas includes condo -hotel units. These units will be sold to individuals for their use, and may also be made available for rental on a nightly basis through the hotels, or rented on a short term basis by individual owners. The City collects Transient Occupancy Tax (TOT) for hotel rooms, but does not have a standard fee collection system for condo -hotel or similar units. The hotels at SilverRock will generate both TOT and Condo Hotel fees. The Development Agreement creates the program that regulates the amount of time owners can occupy their units on an annual basis, and establishes the daily fee for stays beyond 29 days (the period under which TOT would be charged), which will be paid to the City, based on the size of the unit. The parties have agreed that condo hotel units will be required to pay the following annual fees to the extent they did not generate Transient Occupancy Tax (TOT) in the specified amounts: 1. For the first two years the units are in operation: a. Studio and one -bedroom units $1,200 b. Two -bedroom units and presidential villas $1,800 2. For each subsequent year: a. Studio and one bedroom units $1,800 b. Two -bedroom units and presidential villas $2,400 The parties have agreed that the fractional units will be required to pay the following annual fees, regardless of occupancy and any TOT tax collected: 1. Units containing up to 600 sf $4,380 2. Units containing between 601 sf and 950 sf $5,475 3. Units containing between 951 sf and 1,600 sf $6,570 4. Units containing between 1,601 sf and 2,500 sf $7,300 5. Units containing more than 2,500 sf $8,030 The fee structure also includes an annual adjustment based on average room rate increases at the Condo Hotel and other similar hotels in the area. Public Comments at the Planning Commission Hearing The Planning Commission considered the Development Agreement at its meeting of November 14, 2006. No public comments were made on the Development Agreement at the Public Hearing. The Planning Commission voted 3-0, with two Commissioners absent, to recommend approval of the Development -Agreement to the City Council. FINDINGS AND ALTERNATIVES: Findings necessary to approve the Development Agreement are included in the attached ordinance. The alternatives available to the City Council include: 1. Take up Ordinance Number , by title and number only and waive further reading. Introduce Ordinance No. on first reading approving Development Agreement 2006-012, as depicted in Exhibit A. 2. Do not take up the Ordinance; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R/ Evans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Development Agreement 3 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 LDD SILVERROCK, LLC DEVELOPMENT AGREEMENT 2006 - 012 WHEREAS, the Planning Commission, at its regularly scheduled meeting of November 14, 2006, considered the request of the City of La Quinta to enter into a Development Agreement with LDD SILVERROCK, LLC, establishing the fees associated with Condo Hotel occupancy at the proposed hotels at SilverRock Resort; and WHEREAS, after consideration of all written and oral testimony presented at the hearing, the Planning Commission recommended approval of the Development Agreement by the City Council; and WHEREAS, the City Council, at its regularly scheduled meeting of November 21, 2006, considered the Planning Commission's recommendation at a public hearing, including all written and oral testimony; 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 mandatory findings recommending approval of said 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 Specific Plan 06-080. 2. The land uses authorized and regulations prescribed for the Development Agreement are compatible with the zoning and its related regulations applicable to the property. 3. The proposed Development Agreement conforms to public convenience and the general welfare by providing for extensive public improvements and conforms to good land use practice by encouraging a long-range, comprehensive approach to the development of major hotel services and commercial development. 4. Approval of this Development Agreement will not be detrimental to the health, safety, and general welfare since adequate provisions has been made in previous City approvals to provide for necessary and desirable improvements which are incorporated herein. _ " Ordinance No. _ Development Agreement 2006-012 - LDD SilverRock, LLC Adopted: 5. 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 rather will enhance them by encouraging planned, phased growth. 6. Consideration of the 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, said Zone Change has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has determined that the proposed Development Agreement was previously reviewed as part of the Mitigated Negative Declaration for the SilverRock Resort Specific Plan (EA No. 2002-453) and its Addendum, approved by the City Council under Resolution No. 2006-082, and that conditions have not changed, the project is in substantial conformance with the Specific Plan, and no further environmental review is required (PRC Section 21166). THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. FINDINGS AND APPROVAL: The above recitals are adopted as the findings of the City Council and the City Council approves the Development Agreement and authorizes the City Manager to execute the Agreement. SECTION 2. EFFECTIVE DATE AND RECORDATION: This Ordinance shall be in full force and effect thirty (30) days after its adoption. Within 10 days after the effective date of this Ordinance, the City Clerk shall cause the fully executed Development Agreement to be recorded in the office of the Riverside County Recorder. SECTION 3. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 5th day of December, 2006 by the following vote: t ., 1!� ?.., Ordinance No. _ Development Agreement 2006-01 2 - LDD SilverRock, LLC Adopted: AYES: Council Members NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONT'ECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Attachment 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: Citv Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103 and 27383) DEVELOPMENT AGREEMENT by and between CITY OF LA QUINTA and LDD SILVERROCK, LLC 882/015610-0084 750537.06 a l 1 ! 17/06 -1- TABLE OF CONTENTS Page 1.0 GENERAL ........................................................................................................................2 1.1 Term...................................................................................................................... 2 1.2 Effective Date.......................................................................................................3 1.3 Amendment or Cancellation.................................................................................3 1.4 Termination...........................................................................................................3 1.5 Definitions.............................................................................................................4 2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF THE PROJECT...........................................................................7 2.1 Right to Develop................................................................................................... 7 2.2 Additional Applicable Codes and Regulations..................................................... 8 2.3 Permitted Density, Height and Use Limitations...................................................8 2.4 Developer Impact Fees.........................................................................................8 3.0 DEVELOPER'S OBLIGATIONS....................................................................................9 3.1 Development and Operation of the Project...........................................................9 3.2 Conditions of Approval; Mitigation Monitoring Program....................................9 3.3 Declaration of Covenants, Conditions and Restrictions.......................................9 3.3.1 Recordation of City Declaration of CC&Rs.............................................9 3.4 Sign Agreements.................................................................................................10 3.5 Maintenance Agreements....................................................................................10 3.6 Water Agreements..............................................................................................10 3.7 Other Fees and Charges; Assessment Appeals...................................................11 3.8 Dedications and Improvements...........................................................................11 3.9 Indemnification...................................................................................................11 3.10 Insurance.............................................................................................................12 3.11 Transient Occupancy Tax Obligations................................................................14 4.0 CITY'S OBLIGATIONS................................................................................................14 4.1 Scope of Subsequent Review/Confirmation of Compliance Process.................14 4.2 Project Approvals Independent...........................................................................14 4.3 Review for Compliance......................................................................................14 5.0 DEFAULT; REMEDIES; DISPUTE RESOLUTION.....................................................15 5.1 Notice of Default.................................................................................................15 5.2 Cure of Default...................................................................................................15 5.3 City Remedies.....................................................................................................15 5.4 Developer's Exclusive Remedy..........................................................................15 6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE .................................16 6.1 Encumbrances on the Project Site......................................................................16 6.2 Mortgage Protection............................................................................................16 6.3 Mortgagee Not Obligated...................................................................................16 882/015610-0084 750537.06 al 1117/06 Page 6.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure ............................16 7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT.........................................17 7.1 Transfers of Interest in Site or Agreement..........................................................17 7.1.1 Transfers of Interest in Site or Agreement Prior to Agency's Issuance of a Release of Construction Covenants..................................17 7.1.2 Transfers of Operational Obligations......................................................18 7.1.3 Assignment and Assumption of Obligations..........................................19 7.2 Successors and Assigns.......................................................................................19 7.3 Assignment by City 19 8.0 MISCELLANEOUS.......................................................................................................19 8.1 Notices................................................................................................................19 8.2 Binding Effect.....................................................................................................20 8.3 Independent Entity..............................................................................................20 8.4 Agreement Not to Benefit Third Parties.............................................................21 8.5 Covenants............................................................................................................21 8.6 Nonliability of City Officers and Employees.....................................................21 8.7 Covenant Against Discrimination.......................................................................21 8.8 Amendment of Agreement..................................................................................21 8.9 No Waiver...........................................................................................................22 8.10 Severability.........................................................................................................22 8.11 Cooperation in Carrying Out Agreement............................................................22 8.12 Estoppel Certificate.............................................................................................22 8.13 Construction........................................................................................................22 8.14 Recordation.........................................................................................................23 8.15 Captions and References.....................................................................................23 8.16 Time....................................................................................................................23 8.17 8.18 8.19 8.20 8.21 8.22 8.23 Recitals & Exhibits Incorporated; Entire Agreement.........................................23 Exhibits...............................................................................................................23 Counterpart Signature Pages...............................................................................24 Authority to Execute; Representations and Warranties......................................24 City Approvals and Actions................................................................................24 Governing Law; Litigation Matters....................................................................24 No Brokers..........................................................................................................25 882/015610-0084 -11- 750537.06 al1/17/06 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of the day of 2006 ("Reference Date"), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of the California (the "City"), and LDD SILVERROCK, LLC, a Delaware limited liability company (the "Developer"), with reference to the following: RECITALS: A. Government Code Sections 65864-65869.5 ("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. Prior to or concurrently with the execution of this Agreement, Developer has entered into a Disposition and Development Agreement (the "DDA") with the La Quinta Redevelopment Agency ("Agency"), pursuant to which (1) the Agency, subject to the terms and conditions set forth in the DDA, has agreed to sell to the Developer, in multiple phases, certain real property located within the City at the southwest intersection of Jefferson Street and Avenue 52 which is legally described in Exhibit A-1 attached hereto and shown on the Site Map attached hereto as Exhibit A-2 (the "Site"); and (2) the Developer has agreed to construct on the Site the "Project," which will consist of a commercial development, and other permitted uses. The Project is more fully described in, and subject to (i) this Agreement, (ii) the SilverRock Resort Specific Plan, also known as Specific Plan 06-080, which was amended by Resolution No. 2006-083, which resolution was duly adopted by the City Council on July 18, 2006 (the "Specific Plan"); (iii) the DDA, (iv) the Mitigated Negative Declaration prepared for the Project, approved by the Agency on May 15, 2002, by Agency Resolution 2002-09, as updated by the Addendum to Mitigated Negative Declaration, approved by the City Council on July 18, 2006, by City Council Resolution No. 2006-082 (collectively, the "Updated Mitigated Negative Declaration"); (v) any future Site Development Permits issued for the Project, including all conditions of approval attached thereto (collectively, the "Project Site Development Permits"); (vi) Parcel Map No. 33367 and any further parcel or subdivision maps to be recorded on the Site and the conditions of approval thereon; and (vii) the conditions of approval associated with each and all of the foregoing approvals (collectively, the "Conditions of Approval"). The documents, permits, approvals, and conditions described in the foregoing clauses (i)-(vii) are collectively referred to herein as the "Development Plan," and are, or when approved or issued shall be, on file with the City Clerk. D. By virtue of the DDA, as of the execution of this Agreement, the Developer has an equitable interest in the Site. By its execution of the consent form attached to this Agreement, the Agency consents to recordation of this Agreement against the Site. 892/015610-0084 750537.06 al l i 17/06 E. Consistent with Section 9.250.030 of the La Quinta Municipal Code, City and Developer desire to enter into a binding agreement for purposes of .(i) obligating Developer to enter into and record, against each Parcel a City Declaration of CC&Rs that sets forth certain requirements of the owners of (a) the Condominium Hotel Units to pay certain resort fees if their Unit fails to generate specified levels of Transient Occupancy Tax, and (b) all of the Fractional Units to pay a resort fee; (ii) requiring the Developer to enter into maintenance agreements with the Agency or City obligating the Developer to maintain certain portions of the golf course lakes located or to be located adjacent to the Property and certain roadways, all as depicted on Exhibit "B" hereof, which is attached hereto and incorporated herein by this reference (collectively, the "Public Improvements"); (iii) requiring the Developer to enter into water agreements and signage agreements; and (iv) setting forth the extent to which Developer may construct, develop, use and operate the Project. 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 if it acquires the Site in accordance with the DDA, 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 Planning Commission and the City Council have determined that the Project and this Agreement are consistent with the City's General Plan and the Specific Plan, including the goals and objectives thereof. H. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. 1. On December 5, 2006, the City Council adopted its Ordinance No. approving this Agreement. 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 shall commence on the Effective Date hereof and shall continue for thirty (30) years thereafter, unless said term is otherwise terminated, modified, or 882/015610-0084 _2_ 750537.06 al1/17/06 extended as 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 January 4, 2007, 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. Notwithstanding the foregoing, in the event that one or more Parcels are under different ownership at some time during the Term hereof, the City and the then -owner of any Parcel may amend the terms of this Development Agreement and the Development Plan with respect to said Parcel, without obtaining the approval or consent of the owners of the other Parcels. 1.4 Termination. 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 as set forth in Section 1.1. 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. Notwithstanding anything herein to the contrary, in the event the "Initial Escrow" (as that term is defined in the DDA) fails to close within the time period set forth in the DDA, as such time may be extended pursuant to the terms of the DDA, this Agreement shall automatically terminate. Within 30 days after the opening of the Initial Escrow, Developer shall deliver to the Escrow Officer, in a form acceptable to the City Attorney and the "Title Company" (as that term is defined in the DDA), a quitclaim deed, releasing of all of Developer's interest in this Agreement in a form which may be recorded (the "Quitclaim") in the event that the Initial Escrow fails to close within the time set forth in the DDA (the "Initial Escrow Closing Date"). In such event, within ten (10) days after the Initial Escrow Closing Date, Developer agrees to execute and submit to the Title Company or the City joint escrow instructions authorizing the Escrow Officer to record the Quitclaim. The Developer and City agree to execute and record such additional document(s) as the Title Company reasonably requires to remove this Agreement of record. If the Initial Escrow does close, but one or more of the subsequent escrows described in the DDA fail to close within the time period set forth in the DDA, as such time may be extended pursuant to the terms of the DDA, this Agreement shall automatically terminate with regard to the Parcels involved in the escrow or escrows which failed to close, and Developer and City agree to execute and record such document(s) as the Title Company reasonably requires to remove this Agreement of record with respect to such Parcels. 882/015610-0084 -3- 750537.06 at 1/ 17/06 1.5 Definitions. 1.5.1 "Agency" shall have the meaning ascribed in Recital C hereof. 1.5.2 "Authorized Manager" shall have the meaning ascribed in Section 3.1 hereof. 1.5.3 "Black Box Parcel" shall mean that certain real property designated as Lot on the Parcel Map. The Black Box Parcel is comprised of approximately acres. 1.5.4 "Boutique Hotel Parcel" shall mean that certain real property designated as Lot 19 on the Parcel Map. The Boutique Hotel Parcel is comprised of approximately acres. The Boutique Hotel Parcel may be subdivided into two or more legal parcels after the Effective Date. In such event, when used herein, the terms "Boutique Hotel Parcel" shall refer to all such legal parcels. 1.5.5 "City" shall mean the City of La Quinta, a California municipal corporation and charter city organized and existing under the Constitution of the State of California. 1.5.6 "City Declaration of CC&Rs" shall have the meaning ascribed in Section 3.3.1 hereof. 1.5.7 "Conditions of Approval" shall have the meaning ascribed in Recital C hereof. 1.5.8 "Condominium Hotel Unit" means a Unit which is sold to an individual third party owner and is not owned by the owner of the Phase of Development to be developed on the Boutique Hotel Parcel or the Resort Hotel Parcel. 1.5.9 "CVWD" shall have the meaning ascribed in Section 3.6 hereof. 1.5.10 "DDA" shall have the meaning ascribed in Recital C hereof. 1.5.11 "Developer" shall mean LDD SilverRock, LLC, a Delaware limited liability company. 1.5.12 "Developer CC&Rs" shall have the meaning ascribed in Section 3.3.2 hereof. 1.5.13 "Development Agreement Act" shall have the meaning ascribed in Recital A hereof. 1.5.14 "Development Agreement Ordinance" shall have the meaning ascribed in Recital B hereof. 1.5.15 "Development Plan" shall have the meaning ascribed in Recital C hereof. 882/015610-0084 750537.06 at 1 / 17/06 1.5.16 "DHR" shall have the meaning ascribed in Section 3.1 hereof. 1.5.17 "Effective Date" shall have the meaning ascribed in Section 1.2 hereof. 1.5.18 "Existing Development Regulations" shall have the meaning ascribed in Section 2.1 hereof. 1.5.19 "Fee Transfer Release Date" shall have the meaning ascribed in Section 7.1.1 hereof. 1.5.20 "Four Star Quality" means that the applicable component of the Project offers and provides the services, facilities and amenities listed in Exhibit "C", which is attached hereto and incorporated herein by this reference. 1.5.21 "Fractional Unit" means a Unit that is either (a) a condominium, the ownership of which is divided into multiple fractional interests, including, without limitation, timeshare interests, each of which can either be owned by a separate owner or by single owner, and each of which gives such owner the right to use such Unit for a different period of time; or (b) a Unit that is owned in fee by the Developer, DHR, or a successor in interest that is authorized or permitted pursuant to Section 7.1 hereof, and in which memberships are sold to third parties giving such parties the right to use and occupy the Unit for certain periods of time. 1.5.22 "Golf Casitas Parcel" shall mean that certain real property designated as Lot 11 on the Parcel Map. The Golf Casitas Parcel is comprised of approximately eight and seven tenths (8.7) acres. 1.5.23 "Initial Escrow Closing Date" shall have the meaning ascribed in Section 1.4 hereof. 1.5.24 "Lake Casitas Parcel" shall mean that certain real property designated as Lot on the Parcel Map. The Lake Casitas Parcel is comprised of approximately acres. 1.5.25 "Lowe Enterprises" means Lowe Enterprises, Inc., a California corporation, which is an affiliate of Developer. 1.5.26 "Management Transfer" shall have the meaning ascribed in Section 7.1.2 hereof. 1.5.27 "Management Transfer Release Date" shall have the meaning ascribed in Section 7.1.2 hereof. 1.5.28 "New Laws" shall have the meaning ascribed in Section 2.1 hereof. 1.5.29 "Operating Covenant Release Date" shall have the meaning ascribed in Section 3.17 hereof. 982/015610-0084 _5 750537.06 a11/17106 1.5.30 "Parcel" shall mean any of the Boutique Hotel Parcel, Black Box Parcel, Resort Hotel Parcel, Resort Retail Village Parcel, Golf Casitas Parcel, or Lake Casitas Parcel. 1.5.31 "Parcel Map" means Parcel Map No. 33367, which has been prepared by the Agency for recordation in the Official Records of Riverside County, California, prior to or concurrently with the closing of the Initial Escrow. A copy of the Parcel Map is attached to the DDA as Attachment No. 11. 1.5.32 "Phase of Development" shall mean the component of the Project to be constructed on a particular Parcel, as further described in the DDA. 1.5.33 "Project" shall have the meaning ascribed in Recital C hereof. 1.5.34 "Project Site Development Permits" shall have the meaning ascribed in Recital C hereof. 1.5.35 "Quitclaim" shall have the meaning ascribed in Section 1.4 hereof. 1.5.36 "Ranch Villa Parcel" means that certain real property designated as Lot on the Parcel Map. The Ranch Villa Parcel is comprised of approximately _ acres. 1.5.37 "Reference Date" shall have the meaning ascribed in the preamble hereof. 1.5.38 "Resort Hotel Parcel" means that certain real property designated as Lot on the Parcel Map. The Resort Hotel Parcel is comprised of approximately _ acres. 1.5.39 "Resort Retail Village Parcel" means that certain real property designated as Lot 5 on the Parcel Map. The Resort Retail Village Parcel is comprised of approximately acres. 1.5.40 "SilverRock Resort Area" means the real property included in and covered by the Specific Plan. 1.5.41 "Site" shall have the meaning ascribed in Recital C hereof. 1.5.42 "Specific Plan" shall have the meaning ascribed in Recital C hereof. 1.5.43 "Term" shall have the meaning ascribed in Section 1.1 hereof. 1.5.44 "Transfer" shall have the meaning ascribed in Section 7.1.1 hereof. 1.5.45 "Transient Occupancy Tax" shall have the meaning ascribed in Chapter 3.24 of the La Quinta Municipal Code. 1.5.46 "Unit" shall mean one of the approximately six hundred thirty (630) guest units comprising the Project. 982/015610-0084 750537.06 all/17/06 _6 1.5.47 "Updated Mitigated Negative Declaration" shall have the meaning ascribed in Recital C hereof. 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 Approval) shall be deemed vested upon approval of the Development Plan, which vesting shall expire upon the earlier of the following occurrences: (a) termination of this Agreement; (b) termination of the DDA; (c) an uncured material default by Developer of this Agreement or of the DDA; (d) as to a particular Phase of Development, or a particular Parcel, the earlier of the final approved City inspection of the completed development of such Phase of Development or Parcel, or the issuance by City of a final and permanent certificate of occupancy for such Phase of Development or Parcel; or (e) as to a particular Phase of Development, or a particular Parcel, the date set forth in the DDA when Developer was required to have completed the development of all improvements of such Phase of Development or Parcel. 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 Property and the Project shall remain subject to: (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, including, without limitation, Section 9.140.080 of the La Quinta Municipal Code (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, and as to such New Laws that would prevent or materially impair Developer's ability to develop the Project, they will not apply to the Project 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 and are necessary to protect the public's health and safety, (B) required by a non -City entity to be adopted by or applied by the City (or if optional the failure to adopt or apply such non -City law or regulation would cause City to sustain a loss of funds or loss of access to funding or other resources), or (C) New Laws the City expressly reserves the right to apply under this Agreement, including but not limited to those in Sections 2.2 and 3.7; (iii) all subsequent development approvals and the conditions of approval associated therewith, including but not limited to Site Development Permits and building permits, 982/015610-0084 -7- 750537.06 aI1/17/06 (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, City also reserves the right to apply the following to the Property and 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 Municipal Code, as existing on the Effective Date of this Agreement or as may be enacted or amended thereafter, so long as they are applied to the Project in a nondiscriminatory manner. 2.2.2 In the event of fire or other casualty requiring reconstruction 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, Fire, 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, including new development impact fees, or increasing any existing City fees, including existing development impact fees, including but not limited to the resort fees described in and required pursuant to the City Declaration of CC&Rs, and to apply such new or increased fees to the Project or applicable portion thereof where such new or increased fees may be charged, so long as such fees are applicable City-wide. 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. 2.4 Developer Impact Fees. For purposes of calculating required Developer Impact Fees, all Units in the Project shall be deemed to be, and shall pay fees as, a hotel project, and shall not be treated as, nor charged Developer Impact Fees as, residential units. 982/015610-0084 750537.06 a11117/06 3.0 DEVELOPER'S OBLIGATIONS 3.1 Development and Operation of the Protect. Developer shall construct the Project on the Site in accordance with the Development Plan, including, without limitation, all of the timeframes set forth in the DDA. Developer shall enter into the necessary agreements to ensure that Destination Hotels & Resorts, Inc., a California corporation ("DHR"), shall initially manage and operate the Phases of Development developed on the Boutique Hotel Parcel, the Resort Hotel Parcel, the Lake Casitas Parcel, the Golf Casitas Parcel, and the Ranch Villa Parcel all in accordance with the requirements of this Section 3.1. Notwithstanding anything herein to the contrary, until the Management Transfer Release Date for each Phase of Development that includes Units, DHR or a successor entity authorized or permitted pursuant to Section 2.1.2 (an "Authorized Manager") shall retain full management and operational control over all components of such Phase of Development. The Authorized Manager of the hotel and Units to be developed on the Resort Hotel Parcel shall also be the Authorized Manager for the Units to be developed on the Golf Casitas Parcel and the Resort Casitas Parcel; and all of the Units to be developed on the Ranch Villa Parcel and the Boutique Hotel Parcel shall be managed and operated by the same Authorized Manager, regardless of whether the Boutique Hotel Parcel is subsequently subdivided into two or more Parcels. Developer, on behalf of itself and any Authorized Manager, covenants and agrees that each of the Phases of Development that include Units shall, upon their completion, be operated in a first class, Four Star Quality condition until the twentieth (20th) anniversary of the date the Agency issues a Release of Construction Covenants for each Phase of Development (the "Operating Covenant Release Date"). No more than once per year after their completion, the City may select an independent consultant to perform a quality audit of the foregoing Phases of Development for purposes of determining that the applicable Phase of Development is substantially operating at a Four Star Quality. The then -owner of the applicable Phase of Development shall reimburse the City for the reasonable costs of such audit. 3.2 Conditions of Approval,• Mitigation Monitoring Program. Developer shall comply with all Conditions of Approval. The Developer shall also comply with the mitigation monitoring program set forth in Exhibit "D" attached hereto, which includes and incorporates the mitigation measures of the Updated Mitigated Negative Declaration to ensure that significant environmental effects will be mitigated or avoided (the "Mitigation Monitoring Program"). 3.3 Declaration of Covenants Conditions and Restrictions. 3.3.1 Recordation of City Declaration of CC&Rs. As one of the Agency's conditions to closing under the DDA for any Parcel that will be developed with Condominium Hotel Units and/or Fractional Units, Developer shall have entered into with the City and recorded against the underlying Parcel a Declaration of Covenants, Conditions and Restrictions in the form attached hereto and incorporated herein as Exhibit "B" (a "City Declaration of CC&Rs"), the covenants of which shall bind all of the Parcels on which Units will be developed and each and every Condominium Hotel Unit and Fractional Unit in perpetuity and shall survive the termination of this Agreement. 882/015610-0084 750537.06 al l/17/06 3.3.2 Recordation of Developer CC&Rs. Prior to and as a condition to the City's issuance of a temporary or final certificate of occupancy for any Parcel that will be developed with Condominium Hotel Units and/or Fractional Units, Developer shall have submitted to City, obtained City's approval of, and recorded against the underlying Parcel, a declaration of covenants, conditions, and restrictions that (i) establishes a homeowners' association, (ii) is necessary to create a condominium regime for the condominiums described on the Condominium Plan to be recorded in accordance with all applicable laws; (iii) clearly sets forth the maintenance obligations of the owners of the Condominium Hotel Units and Fractional Units; (iv) sets forth the obligations of the owners of the Condominium Hotel Units and Fractional Units to pay certain resort fees, as further set forth in the City Declaration of CC&Rs, and requires all such resort fees to be paid and current prior to any sale by the owner thereof, and (v) includes a disclosure regarding the public ownership and control of the existing golf course and any future golf course that may be developed in the SilverRock Resort Area and a statement that Developer does not and cannot guarantee that the City will not make changes to such golf course(s) or change the use of the underlying real property (the "Developer CC&Rs"). The Developer CC&Rs shall provide that the City is a third party beneficiary thereof with the right, but not the obligation, to enforce the terms thereof which are required hereby, and shall require the written approval of the City prior to any amendments thereto to any of the provisions which are required hereby. 3.4 Sign Agreements. As one of Agency's conditions to closing under the DDA for the Boutique Hotel Parcel, Resort Hotel Parcel, and Resort Retail Village Parcel, Developer shall enter into with the City or the Agency (as applicable) a signage agreement for such Parcel. Notwithstanding other signage locations to be determined during the site development permit process, the signage agreement for the Boutique Hotel Parcel shall provide for signage along Avenue 52, at the entry point to the development; the signage agreement for the Resort Hotel Parcel shall provide for signage on Jefferson Street, at the Resort Hotel entry point; the signage agreement for the Resort Retail Village Parcel shall provide for signage at the corner of Avenue 52 and Jefferson Street, Avenue 54 and Jefferson Street, and on Avenue 54, at the entry into the SilverRock Resort Area. 3.5 Maintenance Agreements. As one of Agency's conditions to closing for each Parcel under the DDA, Developer shall enter into with the City or the Agency (as applicable) a maintenance agreement requiring the Developer to maintain the Public Improvements located adjacent to such Parcel. 3.6 Water Agreements. City has entered into with the Coachella Valley Water District ("CVWD") that certain Domestic Water and Sanitation Systems Installation and Irrigation Service Agreement dated on or about June 11, 2005, and recorded in the Official Records of the County of Riverside, as Instrument No. 2005-0852063, on June 14, 2005 (the "CVWD Agreement"). Pursuant to the CVWD Agreement, the owner/developer of each Parcel is required to execute and record a Domestic Water and/or Sanitation Systems Installation Agreement, substantially in the form attached to the CVWD Agreement as Exhibit C (a "Water Agreement"), prior to obtaining domestic water service for each said Parcel. As one of Agency's conditions to closing for each 982/015610-0084 -10- 750537.06 al 1/17/06 Parcel under the DDA, Developer shall execute and record against such Parcel at the Closing therefor a Water Agreement. 3.7 Other Fees and Charges-, Assessment Appeals. Nothing set forth in this Agreement is intended to 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 including but not limited to transient occupancy taxes, provided nothing set forth herein, subject to the following two sentences, 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 agrees on behalf of itself and on behalf of all persons or entities that may own an interest in the Site or the Units in the future that no action shall be taken, including any assessment appeal, to decrease the assessed value of any of the Site or any portion thereof below the final assessed value at the time the development of the Site or separate Parcel thereof is completed. Developer agrees on behalf of itself, and on behalf of all persons or entities that may own an interest in the Site or the Units in the future that during the term hereof no action shall be taken to challenge, cancel, reduce, or otherwise negate the payments required to be made to the City pursuant to the City Declaration of CC&Rs. 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. 3.8 Dedications and Improvements. Developer shall offer dedications to the City or other applicable public agency, or complete those public improvements in connection with the Project, as specified in the Conditions of Approval. 3.9 Indemnification. a. The Developer agrees to and shall indemnify, hold harmless, and defend, the City and the Agency and their respective officers, officials, members, agents, employees, and representatives, from liability or claims for death or personal injury and claims for property damage which may arise from the negligent or grossly negligent 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. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the negligent or grossly negligent 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 the insurance policies referred to in this Agreement are applicable. In the event of litigation, the City agrees, at no cost to the City, to cooperate with the Developer. The Developer shall have the obligation to provide the defense of the City and/or Agency in the litigation, either by providing for legal counsel or, at the City's or Agency's option, timely paying the legal costs incurred by the City and or the Agency in the defense of litigation, even though negligence or gross negligence of the Developer or its 0') I i aJ 882/015610-0084 -11- 750537.06 al l/17/06 contractors, subcontractors, agents, employees or other persons acting on its behalf has not been established at the time that the defense if provided. b. In the event of any court action or proceeding challenging the validity of this Agreement or the Development Plan, the Developer shall indemnify, hold harmless, pay all costs and provide defense for the City in said action or proceeding with counsel chosen by Developer and reasonably approved by the City. The City shall, at no cost to the City, cooperate with the Developer in any such defense as Developer may reasonably request. In the event the Developer fails or refuses to provide such defense of any challenge to this Agreement or the Development Plan, or any component thereof, City shall have the right not to defend such challenge, and to resolve such challenge in any manner it chooses in its sole discretion, including terminating this Agreement. 3.10 Insurance. Before beginning construction on the Site, the Developer shall cause the insurance required under this paragraph to be issued and thereafter to be maintained until one (1) year following the later of (i) the date City issues the last certificate of occupancy needed for the initial occupancy of the last portion of the Project, or (ii) the date the City signs off on the last final inspection of the last of the Project improvements. Developer shall procure and maintain: A policy of commercial general liability insurance written on a per occurrence basis in an amount not less than Three Million Dollars ($3,000,000.00) per occurrence and Three Million Dollars ($3,000,000.00) in the aggregate. A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by Developer in the course of carrying out the work or services contemplated in this Agreement. A policy of commercial automobile liability insurance written on a per occurrence basis in an amount not less than Three Million Dollars ($3,000,000.00). Said policy shall include coverage for owned, non -owned, leased, and hired cars. The following additional requirements shall apply to all of the above policies of insurance: All of the above policies of insurance shall be primary insurance and, except the Worker's Compensation insurance, shall name City, Agency, and their respective officers, officials, members, employees, agents, and representatives as additional insureds, using a pre- 2004 additional insured endorsement (or equivalent). The insurer shall waive all rights of subrogation and contribution it may have against City, Agency, and their officers, officials, members, employees, agents, and representatives, and their respective insurers. All of said policies of insurance shall provide that said insurance may not be materially amended or cancelled without providing thirty (30) days' prior written notice to City and Agency. In the event any of said policies of insurance are cancelled, the Developer shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section to the City 882/015610-0084 -12- 750537.06a11/17/06 S Manager. Not later than the Effective Date, Developer shall provide the City Manager with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders shall be subject to the reasonable approval of the City Manager. Upon the request of the City Manager, Developer shall provide City with complete copies of each policy of insurance required by this Agreement. The policies of insurance required by this Agreement shall be satisfactory only if issued by companies (i) licensed and admitted to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, or (ii) authorized to do business in California, rated "A+" or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Registry and only if they are of a financial category Class XV. Notwithstanding the foregoing, in the event that the policies required hereunder are not available from such insurers at commercially reasonable rates, the City Manager shall have the authority, in his or her sole and absolute discretion, to waive one or more of such requirements provided the proposed policies will adequately protect the City's interests hereunder. City may reasonably require coverage increases, provided that the percentage increase in coverage shall not be required to exceed the percentage increase in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics, for Urban Wage Earners and Clerical Workers, Los Angeles -Riverside -Orange County Average, All Items (1984 = 100) (the "Index"), from and after the date of this Agreement, or, if said Index is discontinued, such official index as may then be in existence and which is most nearly equivalent to said Index (the "CPI Adjustment"). Unless otherwise approved in advance by the City Manager, the insurance to be provided by Developer may provide for a deductible or self -insured retention of not more than Fifty Thousand Dollars ($50,000), with such maximum amount to increase at the same rate as the periodic increases in the minimum amount of total insurance coverage set forth above. Developer agrees that the provisions of this Section shall not be construed as limiting in any way the extent to which Developer may be held responsible for the payment of damages to any persons or property resulting from the Developer's activities or the activities of any person or persons for which the Developer is otherwise responsible. Developer agrees that the provisions of this Section shall not be construed as limiting in any way Developer's indemnity obligations set forth in Section 3.9 or the extent to which Developer may be held responsible for the payment of damages to any persons or property resulting from the Developer's activities or the activities of any person or persons for which the Developer is otherwise responsible. 892/015610-0084 -13 - 750537.06 al1/17/06 3.11 Transient Occupant Tax Obligations._ Developer acknowledges and agrees that all of the Units in the Project are Units in a "Group Hotel," as that term is defined in Section 3.24.020, for purposes of collecting and remitting to the City Transient Occupancy Tax. 4.0 CITY'S OBLIGATIONS 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 a form created by Developer and approved by the City, which shall describe how all applicable Conditions of Approval have been fully complied with. The Certificate shall be distributed to relevant City departments for checking 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. 4.3 Review for Compliance. The City shall review 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 shall have been found in compliance with this Agreement, 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 982/015610-0084 -14- 3 750537.06 ail/17/06 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. 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. A default of Developer under the DDA shall be deemed to be a default hereunder and shall give rise to all of City's remedies for a default hereunder. 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 for non -monetary defaults], and shall continuously and diligently prosecute such cure, correction or remedy to completion. 5.3 C',ity Remedies. In the event of a default by Developer or its successors in interest of the terms of this Agreement that has not been cured within the timeframe set forth in Section 5.2 above, or of the terms of the DDA that has not been cured within the timeframe set forth therein for curing defaults, 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; provided, however, that in no event shall City be entitled to consequential 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, cancel, 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 Remedy. The parties acknowledge that the City would not have entered into this Agreement if it 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, F • 882/015610-0084 -15- 750537.06 a11/17/06 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, including the owners of the Units, not to sue the City for damages or monetary relief for any breach of this Agreement by City or arising out of or connected with any dispute, controversy, or issue between Developer and City 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 amendment or enactments thereto, or any land use permit or approval 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. 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 (i) the Mortgagee shall have no right to develop or operate the Site, and (ii) 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 therefor 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 882/015610-0084 -16- 750537.06 a 11 / 17/06 obligation, within five (5) days [or thirty (30) days for non -monetary defaults] after the receipt of such notice from 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], to commence to cure, correct, or remedy the default within such five (5) day period [or thirty (30) day period for non -monetary defaults], and to 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 Transfers of Interest in Site or Agreement. The qualifications and identity of the Developer as the developer and operator of high quality commercial developments are of particular concern to the City. Furthermore, the parties acknowledge that the City has negotiated the terms of this Agreement in contemplation of the development and operation of the Project on the Site and the property tax increment and Transient Occupancy Tax revenues to be generated by the operation of the Project on the Site. 7.1.1 Transfers of Interest in Site or Agreement Prior to Agency's Issuance of a Release of Construction Covenants. Until the date the Agency issues a "Release of Construction Covenants" (as that term is defined in the DDA) for a particular Phase of Development (the "Fee Transfer Release Date"), (a) no voluntary or involuntary successor in interest of the Developer shall acquire any rights or powers under this Agreement with respect to said Phase of Development, (b) the Developer shall not make any total or partial sale, transfer, conveyance, assignment, or lease of the whole or any part of the applicable Parcel or the Phase of Development thereon; and (c) no changes shall occur with respect to the ownership and/or control of Developer or of Lowe Enterprises, including, without limitation, stock transfers, sales of issuances, or transfers, sales or issuances of membership or ownership interests, or statutory conversions (any of the above, a "Transfer"), except as provided in this Section 7.1. Prior to the Fee Transfer Release Date for a particular Phase of Development, the City may approve or disapprove a proposed Transfer in its sole and absolute discretion. 'Notwithstanding the foregoing, City approval of a Transfer prior to the Fee Transfer Release Date for a particular Phase of Development shall not be required in connection with any of the following: a. The conveyance or dedication of any portion of the Site to an appropriate governmental agency, or the granting of easements or permits to facilitate construction of the Project. 882/015610-0084 -17- 750537.06 al1/17/06 b. Any assignment for financing purposes (subject to such financing being permitted pursuant to Section 311 of the DDA), including the grant of a deed of trust to secure the funds necessary for land acquisition, construction and permanent financing of the Project or of a Phase of Development. C. The Transfer by Developer to an entity in which Developer or any entity owned and controlled by Lowe Enterprises is a managing member, manager, or general partner, and has day-to-day control, including, but not limited to, financial and managerial decisionmaking, over the operations of such transferee entity. d. The sale by Developer of Condominium Hotel Units to third party buyers. e. The sale, transfer or issuance of stock or membership interests of Lowe Enterprises so long as a minimum of fifty-one percent (51 %) of the outstanding and voting stock, membership and/or ownership interests of Lowe Enterprises, and control of Lowe Enterprises, is held, directly, by Robert J. Lowe or his estate or a member of his family. 7.1.2 Transfers of Operational Obligations. Notwithstanding anything in Section 7.1.1 to the contrary, until the tenth (loth) anniversary of the date the Agency issues a Release of Construction Covenants for each Phase of Development (the "Management Transfer Release Date"), (i) neither Developer nor DHR (or any other entity) shall make any Transfer of the operational and/or managerial control, including, but not limited to, financial and managerial decisionmaking, of such Phase of Development; and (ii) no changes shall occur with respect to the ownership and/or control of Developer, of DHR, or of Lowe Enterprises, including, without limitation, stock transfers, sales of issuances, or transfers, sales or issuances of membership or ownership interests, or statutory conversions (either of the above, a "Management Transfer") without the prior written approval of the City; provided, however, that transfers of the stock, ownership and/or membership interests of the Developer, of DHR, or of Lowe Enterprises may be made so long as a minimum of fifty-one percent (51 %) of the outstanding and voting stock, ownership and/or membership interests of the Developer, of DHR, and of Lowe Enterprises is held, directly, by Robert J. Lowe or his estate or a member of his family. Notwithstanding the foregoing, City approval shall not be required for a Management Transfer to any of the entities listed on Exhibit "F," which is attached hereto and incorporated herein by this reference; provided, however, that if any of the entities on Exhibit "F" operate under a "flag" name, the flag shall be a flag that operates at a Four Star Quality. No Management Transfer or Transfers, individually or collectively, shall be made that results in different entities operating and managing (a) the hotels and Units on the Resort Hotel Parcel, the Lakes Casitas Parcel, and the Golf Casitas Parcel, or (b) the hotels and Units on the Boutique Hotel Parcel, regardless of whether such Parcel is subdivided into two or more legal parcels, and the Ranch Villa Parcel. City shall not unreasonably withhold, delay, or condition approval of a proposed Management Transfer to an entity other than those listed on Exhibit "F", provided that Developer or Developer's successor in interest demonstrates that the proposed operator has equivalent experience and reputation for operating high quality, luxury hotels to DHR, Rosewood Hotels and Resorts, Rock Resorts, Loews Hotels and Kimpton, and further demonstrates that the revenues to the City with the proposed new operator will 882/015610-0084 -18- 750537.06 al1/17/06 meet or exceed the revenues that the City would expect to receive from the operation under the prior management. 7.1.3 Assignment and Assumption of Obligations. Except for the sale of individual Condominium Hotel Units, any Transfer by Developer of any interest in the Site or of any interest in this Agreement and all Management Transfers shall require the execution of an assignment and assumption of obligations in a form acceptable to the City Attorney. Transfers made without an City -approved assignment and assumption agreement are null and void. This requirement shall apply regardless of whether City approval is required for the Transfer. Developer agrees that at least thirty (30) days prior to such Transfer it shall give written notice to City of such assignment and satisfactory evidence that the assignee has assumed in writing through an assignment and assumption agreement all applicable obligations under this Agreement. A party proposing to assign its obligations under this Agreement shall remain liable for the obligations until and unless the City has received a fully executed assignment and assumption agreement in the form approved by the City Attorney. 7.2 Successors and Assigns. All of the terms, covenants and conditions of this Agreement shall be binding upon the Developer and its permitted successors and assigns. Whenever the term "Developer" is used in this Agreement, such term shall include any other permitted successors and assigns as herein provided, and the term "Developer shall only mean the owner of a Phase of Development from time to time during the period of such entity's ownership, provided that the procedures set forth in this Agreement for that entity's acquisition and or disposition of the ownership have been followed, including, without limitation, the provisions of Section 7.1. 7.3 Assignment by City. City may assign or transfer any of its rights or obligations under this Agreement with the approval of the :Developer, which approval shall not be unreasonably withheld. 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 (iii) 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: 882/015610-0084 -19- 750537.06 al1/17/06 To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: City Manager Telephone: (760) 777-7031 Facsimile: (760) 777-7101 With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: M. Katherine Jenson Telephone: (714) 641-5100 Facsimile: (714) 546-9035 To Developer: LDD SilverRock, LLC 74-001 Reserve Drive Indian Wells, California 92210 Attn: Theodore R. Lennon, Jr. Telephone: (760) 674-2200 Facsimile: (760) 779-1646 With a copy to: Manatt, Phelps & Phillips, LLP 11355 W. Olympic Boulevard Los Angeles, CA 90064 Attn: Timi Anyon Hallem Telephone: (310) 312-4217 Facsimile: (310) 312-4224 Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service to the addresses above, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 8.2 Binding Effect. Except as otherwise provided in this Agreement, 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. 8.3 Independent Entity. The parties acknowledge that, in entering into and performing this Agreement, each of the Developer and the City is acting as an independent entity and not as an agent of the other in any respect. No joint venture is formed by this Agreement. 882/015610-0084 -20- 750537.06 a11/17/06 8.4 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. 8.5 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and for the benefit of the City's and the Agency's adjoining properties, and the burdens and benefits hereof shall 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. 8.6 1\ onliabilit of City Officers and Employees. No official, officer, employee, agent or representative of City, 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 in connection to this Agreement, or for any act or omission on the part of City. 8.7 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 of 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.). 8.8 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. Developer shall be required to reimburse City for all costs City incurs in negotiating, preparing, and processing any such alterations, changes, or modifications. In connection with any request for an alteration, change or modification, Developer shall deposit with the City the sum of Ten Thousand Dollars ($10,000). Notwithstanding the foregoing, the City Manager shall have the discretion to authorize a lesser deposit, in the event he or she determines the proposed alteration, change or modification is minor. In the event the funds on deposit are depleted, City shall notify Developer of the same, and Developer shall deposit with the City an additional Five Thousand Dollars ($5,000) to complete processing of the requested alteration, change or modification. Developer shall make additional deposits to City, as needed, pursuant to the foregoing process, until the requested 882/015610-0084 _21 _ S 1 750537.06 al1/17/06 alteration, change, or modification is finalized. Within sixty (60) days after such alteration, change or modification is finalized, City shall reimburse the Developer any unused sums. 8.9 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. 8.10 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. 8.11 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 to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. 8.12 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, (i) 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 information requested. A party receiving a request hereunder shall execute and return such certificate within ten (10) days following approval of the proposed estoppel certificate by the City Attorney, which approval shall not be unreasonably withheld or delayed. 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. City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 8.13 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 882/015610-0084 - 750537.06 a11/17/06 -22 �! 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. 8.14 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. 8.15 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. 8.16 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. 8.17 Recitals & Exhibits Incorporated• Entire Agreement. The Recitals to this Agreement, all of the exhibits and attachments to this Agreement, and the DDA 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 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, other than the DDA, shall be permitted to contradict or vary the terms hereof. 8.18 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: 882/015610-0084 -23- 750537.06 a11117/06 A-1 Legal Description of Site A-2 Site Map B Depiction of Public Improvements C Four Star Quality Requirements D Mitigation Monitoring Program E Form of City Declaration of CC&Rs F List of Pre -Approved Operators 8.19 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. 8.20 Authority to Execute; Representations and Warranties. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) 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. 8.21 City Approvals and Actions. Whenever a reference is made in this Agreement to an action or approval to be undertaken by the City Manager, his or her authorized designee is authorized to act on behalf of the City unless specifically provided otherwise or the law otherwise requires. 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 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. 882/015610-0084 -24- 750537.06 aI1/17/06 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. [end — signature page follows] 982/015610-0084 -2 5 - 750537.06 al 1 i 17/06 IN WITLESS WHEREOF, the Developer and the City have executed this Agreement as of the Reference Date. ATTEST: City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP City Attorney "CITY" CITY OF LA QUINTA, a California municipal corporation City Manager "DEVELOPER" LDD SILVERROCK, LLC, a Delaware limited liability company Its: 882/015610-0084 -26- 750537.06 al1/17/06 STATE OF CALIFORNIA ) ss COUNTY OF _ ) On , before me, a Notary Public, 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, a Notary Public, 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] I ._ n # Jo 882/015610-0084 _27_ 750537.06 al 1117/06 EXHIBIT "A-1" LEGAL DESCRIPTION OF SITE [To be inserted] 882/015610-0084 EXHIBIT A-1 750537.06 al1/17/06 EXHIBIT "A-2" SITE MAP [To be inserted] 882/015610-0084 EXHIBIT A-2 750537.06 all/17/06 EXHIBIT "B" DEPICTION OF PUBLIC IMPROVEMENTS [To be inserted] 882/015610-0084 EXHIBIT B 750537.06 al1/17/06 REVI--)El) TE-NTATIVE P-16R.CF-J. MAP NO. -633367 pl rR tvK14" MAP u ••11 I �' LIST OF PUBLIC IMPROVEMENTS Tna fc oi; ng area-- depicted on Exhlo,t E` Via OE subject to a %1arntenancE Agrasi-ent 1 Tl16 icrth end south areas adjacent to ••-o- "G" ima�n entry rosd'.,,ay� bet%een Jefferson 3-reet ?ind -ne ntersect,on or Lots '3" and 'H" 2 Tne i,a;-t-or-.on of Lot '-I ", south of tns -a,n ef'7-v and adjacent to Lots 3. 4- and E. 1 6otn sides of mot "G' adjacen-to Lots 3, ' I and 23. 4.. Tine entire-j cf '�ot T' adjacent to Lai 1 1 E A a{a frontage ad;acent to Lots 3. E. 1 1 19, and 23. EXHIBIT "C" ]FOUR STAR QUALITY REQUIREMENTS Four -Star Quality under this agreement indicates an outstanding hotel providing the guest with a luxury experience in a distinctive setting, including expanded amenities and exceptional service. Guests can expect an exceptional experience, where no less than ninety five (95) percent of the following detailed characteristics are consistently met or exceeded: Services Detail • Staff is well-groomed with professional, neat and well -maintained attire. • All staff encountered are pleasant and professional in their demeanor. • Front desk staff are articulate, smile and make eye contact. • The front desk is staffed twenty-four hours. • Restaurant on -site serving three meals daily. • Valet parking is available. • Baggage assistance is automatic. • Complimentary newspapers are delivered to room automatically. • Complete room service is available. • Workstation is available where guest can access Internet. • Basic fitness equipment is provided, including treadmills and cycles. • Written confirmation is automatic or offered, either by mail, fax or e-mail. • Guests name is used effectively, but discreetly, as a signal of recognition. • The time from arriving at the reception area until registration is complete does not exceed five minutes (includes queuing). • Bed is plush and inviting with oversized or numerous pillows. • Bedcovers are elegant and stylish and with linens of exceptional quality and comfort. • All written information is provided on good quality paper or pads, custom -printed or logoed. • Bathroom presentation and placement of amenities and linens is thoughtful, careful, and elegant. EXHIBIT C 882/015610-0084 Page 1 of 7 750537.06 al F17/06 g • Fresh ice is provided during evening service or at another time during the day. • Turndown service is automatically provided. • During turndown service, guest clothing is neatly handled and guest toiletries are neatly arranged and displayed on a cloth or shelf. • Room service is delivered within 30 minutes. • Room service order is delivered within five minutes of quoted time. • Two hour pressing available • Same day laundry and dry cleaning is available seven days/week. • Wake-up call is personalized with guest's name and time of day. • Wake-up call is delivered within two minutes of requested time. • Special service desk identified as concierge/guest service is situated apart from reception/front desk. • If spa services are present, treatments are begun and ended on schedule, within five minutes of expected or booked time. • If spa services are present, during treatment, therapist appears to be genuinely expert, moving seamlessly through the treatment as described and expected. Facilities Details • Self parking area is free of debris, good condition; surfaces, curbs, paths. • All outdoor walkways and approaches are well -maintained and cleaned. • Outdoor awnings, signs, marquees, flags, and plantings are clean and in good condition. • Public spaces are free of obvious hazards. • Elevator landings, cars and doors/tracks are clean and in good condition. • Guest room corridor floors, walls and ceilings are free of debris, marks, and damage. • All furniture, fixtures and equipment are clean, neat and well -maintained. • Ashtrays throughout public areas are well -maintained and free of excessive debris. • Temperature in all interior public areas are maintained in general comfort range. • Public washrooms very hygienic and neat, with well -stocked paper and soap. • Public washroom -fixtures, walls and floors are in very good condition. EXHIBIT C 882/015610-0084 Page 2 of 7 750537.06 a11/17/06 g • Meeting rooms are well -signed so that it is easy to find and arrive at a specific room. • Meeting room doors are in good condition, free of nicks and damage. • Meeting room interiors are in generally good condition, including walls, floors and ceiling. • Lobby provides a comfortable seating area. • Lobby floors, walls and ceiling are free of debris, marks and damage. • Lobby areas feature elegant live plants and/or fresh floral displays. • Notices are professional, matching decor, not "homemade". • Vending and/or ice machines are located on each guest floor. • Vending and/or ice areas and equipment are clean, well -lit, and well -maintained. • Service doors are clean, free of marks and damage, and closed. • A variety of different sized and appointed rooms available in hotel. • High quality, varied, and majox brand sundry selections are available in an on -site store. • Suite (separate bedroom and living areas) accommodations are available. • A dedicated and secure luggage storage area is available. • Public phones are convenient, and equipped with seats, privacy panels and pad/pens. • Public washrooms are furnished with upgraded materials and appointments/luxurious design. • Televisions feature premium cable TV (two movie channels, two all -news, two financial). • Pay -Movie selections are available through television. • Guest room telephones have two lines. • Guest rooms equipped with data ports (guest can connect laptop to the Internet). • Direct dial phones with direct long distance dialing are available in each guest room. • If public phonebook present, it is displayed in attractive cover. Guest Room Detail Hardware and hangings (door locks; racks, artwork, etc.) are secure and in good condition. • Carpet/floor is free of debris, stains, wear, loose threads, open seams, etc. EXHIBIT C - . - 882/015610-0084 Page 3 of 7 750537.06 all/17/06 g • Walls and ceilings are free of marks, stains and damage. • Drapes are free of stains, damage; pull easily and hang properly. • Furniture is free of dust, marks and damage. • All printed material including collateral, phonebooks and stationery are neat, crisp and current. • Drawers and shelves are clean, free of dust and debris. • All light bulbs operate; all light fixtures and lamps are in good condition, clean. • Mirrors and windows are free of smudges and damage throughout. • If safe is provided, it is clean, functional and convenient. • Room equipped with accurate, functional clock and radio/stereo. • Color television works and is equipped with remote control, and is minimum 19". • All bedding and linens are free of debris, hairs, damage and stains. • Room heating and air conditioning is easily controlled by guest and is quiet. • Air is fresh and clean, no stuffiness or odors. • Sink, tub, shower, toilet, bidet are very clean, free of hairs, stains and discoloration. • Bathroom tile and grouting is clean, not discolored, cracked or mildewed. • Faucets and drains operate smoothly and easily. • Minimum bath linen is present: one bathmat; two each of facecloth, hand towel and bath towel. • If robes are provided, they are free of spots, stains and loose threads. • Guest room door and frame free of marks, scratches and scuffs. • Comfortable seating for two people (other than bed). • Guest service directory, pad and pen/pencil present and conveniently placed. • Enclosed closets (means closets must have doors). • There are three spacious drawers or enclosed shelves (inside closet). • A Luggage rack or bench provided; and adequate space to leave suitcase. • Extra clean and hygienic blanket and pillow provided in room. • Lighting throughout the room is adequate. EXHIBIT C 882/015610-0084 Page 4 of 7 750537.06 al 1 i 17/06 g The room can be fully darkened. Full-length mirror present in room. • A hairdryer present in room, clean and functional. • Each guest room has two phones (one could be in the bathroom). • Comfortable desk and chair are available for working, complete with telephone, data port, and light. • Insulated ice bucket, vinyl or better, as well as glass glassware; clean and hygienic are present in room. • Minibar is present (defined as selection of several beverages and snacks). It is non auto - charge, and premium products are attractively displayed. • Minibar is hygienic, free of spills and damage, all products are sealed, price list present. • If coffeemaker is present, it is hygienic, and ceramic mugs and napkins are available. • Pillows are plush and full, no foam. • Framed artwork or interesting architectural features exist in room. • Excellent lighting is provided in bathroom for makeup and shaving. • Hygienic soap, shampoo and four other bath amenities are provided. Amenities are presented attractively, thoughtfully (not simply lined up on counter). • Towels are of absorbent quality, with soft nap and no discoloration. • Towels are free of spots, stains, tears and obvious frays. • Guest room is of generous size, and provides ample seating for more than two persons. • Selection of at least 10 hangers including a variety of bars, clips and padded. • In -room safe is present. • Bed is triple sheeted or features washable duvets. • Live plants are present in guest rooms. • Shaving/makeup, lighted magnifying mirror is present. Specialized Facility Detail • Pool/beach furniture is clean, hygienic and well -maintained. • Pool deck or beach/sand is clean and free of excessive debris. EXHIBIT C 882/015610-0084 Page 5 of 7 750537.06 a11/17/06 g • Pool deck and tiling are in good condition, free of excessive damage or wear. • Pool water is clean, free of debris and free of notable odors. • Pool fittings and equipment (ladders, dive boards) are secure and in good condition. • If tennis exists on site under same management, court surfaces are in good condition, free of damage and well -marked. • Tennis courts and surrounding areas are clean and free of debris. • Fixtures, nets, lights, fences are well -maintained and good condition. • If golf exists on site under same management, pro shop/clubhouse interior are clean and well -maintained; displays and counters neat and tidy. • Pro shop/clubhouse and surrounding areas are clean with well -maintained appearance. • Golf carts are clean, well -organized and maintained. • Rental equipment is clean and good condition, including bags. • Guest can pick up e-mail and access the Internet from a Business Center workstation. • Business Center working areas are clean, tidy and professional. • Comfortable office -style chairs at the Business Center guest workstations. • All fitness, treatment and relaxation areas are hygienic, neatly organized and maintained. • Spa reception area is well-defined, neat and professional. • Fitness equipment is clean, in very good condition, conveniently laid out. Fitness/workout area is well -ventilated, with comfortable temperature. • Fitness equipment is available with personal headphones/televisions. • Sound system or television provided in fitness/workout areas. • Towels are provided in locker and fitness areas. • Grooming area equipped with hairdryers; soap and shampoo conveniently placed. • All amenities are neatly and professionally presented; very hygienic. • Locker room, showers, sauna and hot tub extremely clean, hygienic appearance. If Business Center is present, a semi -private working area with workstation and telephone is available for guests. • If a spa exists on site, robes and slippers or spa sandals are available in variety of sizes, and they are clean and in good condition. EXHIBIT C , 882/015610-0084 Page 6 of 7 750537.06 al 1/17/06 g • If spa or fitness center exists on site, complimentary amenities to include body lotion, shower caps, talc/deodorant and combs. • If spa exists on site, at least two types of massage and either body treatments or facials are also offered. • If tennis is available on site, water is available courtside. • If pool or beach service is present, ample towels are available poolside or at the beach. • Current newspapers and national -title magazines are provided in fitness and locker areas. • If spa, treatment rooms are equipped with individually controlled temperature and sound systems. EXHIBIT C 882/015610-0084 page 7 of 7 750537.06 at 1/17/06 EXHIBIT "D" MITIGATION MONITORING PROGRAM PROJECT MONITORING CHECKLIST (CEQA Mitigation Measures) [To be inserted] r-4 1 4 A. 882/015610-0084 EXHIBIT D 750537.06 al U17/06 C'4 O =0 E a > m t *- -IOU > :pa- 41 CY 0 10 0 0 ICRI U Z 0 00 z 51 o E, 00 WS, > 11 q — - 110 0 "0 66 0 Z� 2 ru r. 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O 0 d "' O 2 O ..t�, • '° �0 dl �a' ro? A t65 9 97 `Ci rn U 4+ v . L' ,x O .L C -0 Cy.' i �+ R .� �Yy -S O tOC G G• •L4O�7 p °° ,� ° ,�° $ -� ° •° 3 3 Ol �v v t� 'tom 't7 IS o s� to r E 0-75 �.gaoao3�'�c, a c ro F. 0 w w a U� a ro C y w m N v w � y . a.ca�0 > •��yj DO'Lt Rf w � � ►. � v G � O v O N p o ro 40 • � Z j y..�, lei E" ro � � O � v � � 'd d •d N q�q a u e0 C y Hp bCyQ A Ua us EXHIBIT "E" FORM OF CITY DECLARATION OF CC&Rs [See following document] 882/015610-0084 750537.06 a11/17/06 DRAFT EXHIBIT "E" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 Attn: Executive Director (Space Above This Line tot xeeoraer s urnce use unry) (Exempt from Recording Fee per Gov. Code.27383) DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS This DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ("Declaration") is entered into this day of , by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California ("City,'), and LDD SILVERROCK, LLC, a Delaware limited liability company ("Developer"). RECITALS: A. Developer is the fee owner of that certain real property located in the City of La Quinta, County of Riverside, State of California, and more particularly described on Exhibit A attached hereto (the "Property"). B. Developer has obtained approval from City to develop and operate on the Property [select applicable Phase of Development: (a) a "Four Star Quality" (as that term is defined in Section 1.2 below) luxury hotel with associated amenities; or (b) a "Four Star Quality" (as that term is defined in Section 1.2 below) casitas development] (the "Project"). C. As more particularly described in Section 1.1 hereof, a portion of the Project has been subdivided into condominium units. D. Pursuant to that certain Development Agreement entered into by and between Developer and City on or about , which was recorded on , as Instrument No. , in the Official Records of the County of Riverside (the "Development Agreement"), as a condition to the approval of the Project and prior to City's issuance of a temporary or permanent certificate of occupancy for the Project, Developer is required to record this restrictive covenant against the Property. E. Developer and City desire to enter into this Declaration to bind the Property, and all of the "Units" (as that term is defined in Section 1.1 below) thereon. 882/015610-0084 755505.04 al1/17106 DRAFT DECLARATION NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Developer agrees for its own benefit, the benefit of the "Operator" (as hereinafter defined), and for the benefit of City as follows: 1. Restrictive Covenant. 1.1 Project Accommodations. The Project includes [select applicable: (a) a main hotel building containing _ units (each, a "Unit," and collectively, the "Units"), with _ U of such Units owned by the Developer and managed by the Operator, _ U of such Units available for sale to third -party owners (each, a "Condominium Hotel Unit," and collectively, the "Condominium Hotel Units"), _ U of such Units designated as "Fractional Units" (as that term is defined below, and one or more casitas buildings containing _ U Condominium Hotel Units and _ U Fractional Units); or (b) one or more casitas buildings containing _ units (each, a "Unit," and collectively, the "Units"), with (_) of such Units available for sale to third -party owners (each, a "Condominium Hotel Unit," and collectively, the "Condominium Hotel Units"), and U of such Units designated as "Fractional Units" (as that term is defined below).] For purposes of this Declaration, a "Fractional Unit" is a Unit that is either (i) a condominium, the ownership of which is divided into multiple fractional interests, including, without limitation, timeshare interests, each of which can either be owned by a separate owner or by single owner, and each of which gives such owner the right to use such Unit for a different period of time; or (b) owned in fee by the Developer, Destination Hotels & Resorts, Inc., a California limited liability company ("DHR" ), or a successor in interest to Developer or DHR that is authorized or permitted pursuant to the Development Agreement, and in which memberships are sold to third parties giving such parties the right to use and occupy the Unit for certain periods of time. All Units in the Project shall be completely furnished with furniture, fixtures and equipment to the standards established by the Operator of the Project. A furniture, fixtures and equipment reserve account shall be established and maintained in order to maintain and, when necessary, replace the furniture, fixtures and equipment within the Units to maintain the facility at a Four Star Quality. 1.2 Management of Project; Management of Condominium Hotel Units. During the term of this Declaration, each Unit shall be managed by the person or entity designated by the owner of [select applicable: (a) the Project; or (b) the resort hotel development constructed on Parcel of Parcel Map No. 33367, recorded on , in Book , Pages to , in the Official Records of the County of Riverside] to operate the Project (the "Operator"). In addition, when a Condominium Hotel Unit is not being used by the owner thereof (each such owner hereinafter an "Owner"), such Condominium Hotel Unit shall be made available for rental as a hotel room in the Project. If the Operator is not the Owner's rental agent, or if the Owner is acting without a rental agent, then the Operator shall have the right, working through the Owner or its designated rental agent, to book such Owner's Condominium Hotel Unit (to the extent it is then unbooked) to fulfill demand made of Operator within the last two (2) weeks prior to the date as of which such Condominium Hotel Unit is needed. In all circumstances, the Operator shall have full access to each Unit's reservation and booking schedule, so that the Operator can fulfill its booking and management obligations hereunder. As used in this Section 1.2, the terms "managed", "management" and words of x- 882/015610-0084 755505.04 al1/17/06 DRAFT similar import shall mean that the Operator shall be engaged by each Owner of a Unit pursuant to Operator's then -standard form of agreement to manage the upkeep and care of such Unit and its use by parties other than the Owner, including by providing such services commonly provided at Four Star Quality hotel, including without limitation, such services as front desk check -in and check-out services (including electronic keys), routine housekeeping, laundry and dry cleaning, room service, catering and other food and beverage services, spa services, concierge services, parking and bellman services to the Owner and the Owner's guests. The use of such services shall be conditioned upon payment of such charges or fees as may be imposed generally on hotel guests. The Operator shall have the exclusive right to restrict and control access to any and all shared facilities within the Project, provided the same does not restrict an Owner's right of access to her, his or its Unit, except that Unit access shall be subject to mandatory registration at the front desk to obtain a key to the Unit, which key shall be an electronic key. The Operator's management obligations shall also include upkeep and repair of the interior of each Unit, and monitoring and managing repair and replacement of furniture, fixtures and equipment. For purposes of this Declaration, the term "Four Star Quality" means that the Project offers and provides the services, facilities and amenities listed in Exhibit `B", which is attached hereto and incorporated herein by this reference. 1.3 Limitations on Use of Condominium Hotel Units. The Condominium Hotel Units are subject to the following restriction on Owner occupancy, which restriction shall be deemed to be included with and imposed as restrictions on each and every conveyance of a Condominium Hotel Unit without express reference thereto in the deed evidencing such conveyance: (i) the Owner of a Condominium Hotel Unit (no matter how many parties constitute such Owner) may occupy such Owner's Condominium Hotel Unit (a) for no more than sixty (60) days per calendar year, of which no more than thirty (30) days can be during the period of November 1 through April 30 of each such calendar year, and (b) for no more than twenty-nine (29) consecutive days; (ii) a minimum seven (7) day period shall intervene between each twenty- nine (29) consecutive day period of occupancy by the Owner; and (iii) when not being used by its Owner, each such Condominium Hotel Unit shall be available as a Project accommodation. Each Condominium Hotel Unit shall be managed by the Operator as set forth in Section 1.2 hereof. For purposes of this Section 1.3 only, the term "Owner" shall mean and refer to the Owner and any non-paying guest of the Owner for whom the Owner reserves its Unit. 1.4 Use by Hotel Guests. Any person or entity who pays to occupy a Condominium Hotel Unit (a "Hotel Guest") shall not occupy or have the right to occupy such Condominium Hotel Unit for more than twenty-nine (29) consecutive days. On or before the twenty-ninth (29th) day, the Hotel Guest shall check out of such Condominium Hotel Unit. 1.5 Excess Use Fee. If any Owner or Hotel Guest occupies a Condominium Hotel Unit beyond the time periods permitted in Sections 1.3 and 1.4 (as applicable), then such Owner or Hotel Guest shall pay to the Operator, for remittance to the City, the following daily fee for each such day that the Owner's or Hotel Guest's occupancy exceeds the permitted number of days: (i) Twenty Dollars ($20.00) per day for studio Condominium Hotel Units and one -bedroom Condominium Hotel Units; and (ii) Thirty -Five Dollars ($35.00) per day for two - bedroom Condominium Hotel Units and for presidential villas (the "Excess Use Fees"). Each of the Excess Use Fees shall be increased annually, on each January 1 during the term of this Declaration, by the "ADR Index." For purposes of this Declaration, the "ADR Index" shall S 82/015610-0084 755505.04 a11/17/06 DRAFT mean the average increase in the average daily room rate for the Miramonte Resort & Spa, La Quinta Resort & Club, the Hyatt Grand Champions, Renaissance Esmeralda, and the Project, as determined and published in the STR Report, published by Smith Travel & Research or, if the STR Report is no longer published, in an equivalent statistical report that analyzes the percentage increase in average daily room rates at the foregoing hotels and resorts. Notwithstanding anything in this Declaration to the contrary, if the ADR Index decreases, such decrease shall not result in a decrease in any of the fees required hereunder. Instead, the ADR shall be deemed not to have changed since the prior year. 1.6 Recordation of Covenants Conditions and Restrictions. Prior to, and as a condition of, the City's issuance of any temporary or permanent certificate of occupancy for the Project, the Developer shall submit to the City, obtain approval thereof, and record, covenants, conditions and restrictions against the Property which (i) shall provide for establishment of homeowner's association for the Project (the "Association"); (ii) shall provide for the Association's collection of and payment to the City of the fees described in Section 2 below; (iii) is necessary to create a condominium regime for the condominiums described on the Condominium Plan to be recorded in accordance with all applicable laws; (iv) clearly sets forth the maintenance obligations of the owners of the Condominium Hotel Units; and (v) includes a disclosure regarding the public ownership and control of the existing golf course and any future golf course that may be developed in the "SilverRock Resort Area" (as that term is defined below) and a statement that Developer does not and cannot guarantee that the City will not make changes to such golf course(s) or change the use of the underlying real property (the "CC&Rs"). The CC&Rs shall provide that the City is a third party beneficiary thereof with the right, but not the obligation, to enforce the terms thereof which are set forth in this Section 1.6, and shall require the written approval of the City prior to any amendments thereto to the provisions thereof which are set forth in this Section 1.6. For purposes of this Declaration, the term "SilverRock Resort Area" shall mean and refer to the real property included in and covered by the SilverRock Resort Specific Plan, also known as Specific Plan 06-08, as amended by Resolution 2006-083, which was duly adopted by the La Quinta City Council on July 18, 2006. 1.7 Reporting Requirements. During the term of this Agreement, within thirty (30) days after the end of each calendar quarter (i.e., by each April 30, July 30, October 30, and January 30), the Association shall provide to City a report that contains all of the following information on each Condominium Hotel Unit for such calendar quarter: (a) the number of said Unit; (b) the name, address, and phone number of the Owner of such Unit; (c) the dates the Unit was occupied by persons other than the Owner of the Unit; (d) the dates the Unit was occupied by the Owner; (e) the name and address of any Hotel Guests (other than the Owner) whose occupancy exceeded the timeframes set forth in Section 1.4 above; (f) the identity of the rental agent for said Unit (if not the Operator); and (g) the transient occupancy tax (as that term is used in La Quinta Municipal Code Chapter 3.24) (hereinafter, "TOT") that has been collected by the Operator and remitted to the City for use of said Unit during such calendar quarter (each, a "Quarterly Report"). 2. Resort Fees 2.1 Condominium Hotel Units. Duri% the term of this Agreement, for each Condominium Hotel Unit, on or before each February 281 commencing on the first February 28 1 a� 882/015610-0084 -4- 755505.04 a11/17/06 DRAFT following the date on which the Condominium Hotel Unit has (i) received a certificate of occupancy, and (ii) been sold to a third party, as evidenced by the close of escrow for such Condominium Hotel Unit (the "CHU Annual Resort Fee Payment Date"), the Association shall (i) provide to the City a report that contains all of the information contained in a Quarterly Report (as described in Section 1.7 above) for the immediately preceding calendar year (the "Annual Report"); and (ii) collect from the Owner of such Condominium Hotel Unit for transmittal to the City an annual resort fee (each, a "CHU Annual Resort Fee") covering the January 1 through December 31 period occurring immediately preceding the CHU Annual Resort Fee Payment Date (the "Operative Year"). The CHU Annual Resort Fee for studio Condominium Hotel Units and for one -bedroom Condominium Hotel Units shall be One Thousand Two Hundred Dollars ($1,200) per year for the first two Operative Years, and One Thousand Eight Hundred Dollars ($1,800) for each subsequent Operative Year [as the same may increase by the ADR Index]. The CHU Annual Resort Fee for two -bedroom Condominium Hotel Units and for the presidential villas shall be One Thousand Eight Hundred Dollars ($1,800) per year for the first two Operative Years, and Two Thousand Four Hundred Dollars ($2,400) for each subsequent Operative Year [as the same may increase by the ADR Index]. CHU Annual Resort Fees shall be prorated for any partial ownership calendar year based on the time period during which such Unit was owned by the Owner. Notwithstanding anything herein to the contrary, to the extent the Annual Report indicates that the City has actually received TOT revenues collected by the Operator and generated from the occupancy of a Condominium Hotel Unit during such Operative Year, the TOT revenues collected by the Operator and remitted to the City for said Unit shall be credited against the CHU Annual Resort Fee owned by such Unit, and the CHU Annual Resort Fee shall be reduced by the same amount. For example, if in the first Operative Year the amount of One Thousand One Hundred Fifty Dollars ($1,050) has been paid to the City as TOT based on transient occupancy of a studio Condominium Hotel Unit, the Association shall collect from the Owner of said Unit and remit to the City only the sum of One Hundred Fifty Dollars ($150.00). In the event a CHU Annual Resort Fee is remitted to the City for a Condominium Hotel Unit for which the City has received TOT from a source other than the Operator, the City shall provide a rebate to the Owner of said Unit in the amount of the TOT collected for such Unit up to but not in excess of the CHU Annual Resort Fee paid by or on behalf of such Owner on account of such Owner's Condominium Hotel Unit. Notwithstanding anything herein to the contrary, if a Condominium Hotel Unit has not yet been sold to a third party, and Developer or the Operator permits occupancy in such Unit free of charge or at a reduced rate, Developer or the Operator shall pay to the City TOT revenues on the rental amount that would have been charged and collected on such Unit if such Unit were rented at the then -current rental rate for the Unit. 2.2 Fractional Units. During the term of this Agreement, for each Fractional Unit, on or before each February 28th commencing on the first February 281h following the date on which (i) either (a) the condominium unit in which the Fractional Unit is located received a certificate of occupancy [for Fractional Units which are condominiums], or (b) the Unit received a certificate of Occupancy [for Fractional Units which are not condominiums], and (ii) the Fractional Unit has been sold to a third party, as evidenced by the close of escrow for such 882/015610-0084 755505.04 al1/17/06 DRAFT Fractional Unit (the "Fractional Unit Annual Resort Fee Payment Date"), the Association shall collect from the Owner(s) of such Fractional Unit and remit to the City an annual resort fee (each, a "Fractional Unit Annual Resort Fee") covering the prior Operative Year. Fractional Unit Annual Resort Fees shall be prorated for any partial ownership calendar year based on the time period during which such Fractional Unit was owned by an Owner. The Fractional Unit Annual Resort Fee for Fractional Units containing up to six hundred square feet (600 so shall be Four Thousand Three Hundred Eighty Dollars ($4,380); the Fractional Unit Annual Resort Fee for Fractional Units containing between six hundred one square feet (601 so and nine hundred fifty square feet (950) shall be Five Thousand Four Hundred Seventy -Five Dollars ($5,475); the Fractional Unit Annual Resort Fee for Fractional Units containing between nine hundred fifty- one square feet (951 sf) and one thousand six hundred square feet (1,600 so shall be Six Thousand Five Hundred Seventy Dollars ($6,570); the Fractional Unit Annual Resort Fee for Fractional Units containing between one thousand six hundred one square feet (1,601 so and two thousand five hundred square feet (2,500 so shall be Seven Thousand Three Hundred Dollars ($7,300); and the Fractional Unit Annual Resort Fee for Fractional Units containing more than two thousand five hundred square feet (2,500 so shall be Eight Thousand Thirty Dollars ($8,030). Each Fractional Unit Annual Resort Fee shall increase annually by the ADR Index. Each Fractional Unit Annual Resort Fee shall be divided equally among each of the Owners of a particular Fractional Unit, and each such Owner shall be responsible for the portion of the Fractional Unit Annual Resort Fee allocated to such Owner's fractional interest. 2.3 Sale of a Unit. Prior to the sale of any Unit by the Owner thereof, the Association shall collect from said Owner and remit to the City the Fractional Unit Annual Resort Fee or the Condominium Hotel Unit Annual Resort Fee (as applicable) for said Unit that will be due and payable by the Owner on the next February 28tn 3. Term. This Declaration shall become effective on the date on which the Property is subdivided to create the Condominium Hotel Units (as evidenced by recording of a condominium plan which imposes a condominium regime on the Condominium Hotel Units) and shall continue in full force until the earlier to occur of (i) termination of this Declaration by written agreement of Developer (or its successor or assign, as applicable) and the City, or (ii) the date on which a hotel ceases to be operated on the Property, provided Developer or its successor or assign provides City sixty (60) days prior written notice of such cessation. Notwithstanding the date on which this Declaration becomes effective, annual resort fees shall only be payable commencing on the dates provided herein. 4. Covenants Running With the Land. Developer declares that all of the Units shall be held, conveyed, hypothecated, encumbered, leased, rented, used, and occupied subject to the provisions of this Declaration, all of which are declared to be in furtherance of and for the protection of and maintenance and improvement of the Units and to comply with the conditions. Pursuant to applicable law, including, but not limited to, Section 1462, 1465 and 1468 of the Civil Code of the State of California, all provisions of this Declaration (i) are hereby imposed as equitable servitudes on each of the Units for the benefit of Developer and Operator and their successors and assigns and the City, and (ii) shall run with the land and be binding upon and inure to the benefit of each of the Units and each and every portion thereof or interest therein, and all parties having or acquiring any right, title, or interest in the Units or any portion thereof, and their successors and assigns. 882/015610-0084 -6- 755505.04 a11/17/06 DRAFT 5. Assessment Appeals; Other Fees and Charges. Developer agrees on behalf of itself, and on behalf of all persons or entities that may own an interest in the Property or in the Units in the future, that during the term of this Declaration no action shall be taken to challenge, cancel, reduce, or otherwise negate the annual resort payments required to be made to the City pursuant to the terms of this Declaration. 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. 6. Default-, Remedies; Dispute Resolution. 6.1 Notice of Default. In the event of failure by Developer or Developer's successors in interest substantially to perform any material term or provision of this Declaration, the City shall have those rights and remedies provided herein, provided that the City has first provided to Developer a written notice of default in the manner required by Section 7.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 6.2 Cure of Default. Upon the receipt of the notice of default, Developer 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], Developer shall commence to cure, correct, or remedy such default within such five (5) day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure, correction or remedy to completion. 6.3 City Remedies. In the event of an uncured default by Developer or its successors in interest of the terms of this Declaration, 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 Declaration; provided, however, that in no event shall City be entitled to consequential damages for any Developer default. 7. Miscellaneous. 1 Notices. Any notices, demands or other communications required or permitted to be given by any provision of this Declaration or which any party may desire to give the other shall be given in writing, delivered personally or sent by certified mail, postage prepaid, facsimile, or by a reputable delivery service which provides a receipt with the time and date of delivery, addressed to a party, at the addresses set forth below, or to such other address as said party may hereafter or from time to time designate by written notice to the other party. 882/015610-0084 -7- 755505.04 al l/17/06 DRAFT To Agency: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 Phone No.: 760-777-7031 Facsimile No.: 760-777-7101 Attention: Assistant Executive Director To Developer: LDD SilverRock, LLC 74-001 Reserve Drive Indian Wells, California 92210 Phone No.: 760-674-2200 Facsimile No.: 760-779-1646 Attention: Theodore R. Lennon, Jr. With copies to: Manatt, Phelps & Phillips, LLP 11355 W. Olympic Boulevard Los Angeles, California 90064 Phone No.: 310-312-4217 Facsimile No.: 310-312-4224 Attention: Timi A. Hallem and Lowe Enterprises, Inc. 11777 San Vicente Blvd., Suite 900 Los Angeles, California 90049 Attn: Corporate Counsel Phone No.: 310-820-6661 Facsimile No.: 310-820-8131 With a copy to: Rutan & Tucker, LLP 611 Anton, Suite 1400 P.O. Box 1950 Costa Mesa, California 92628 Phone No.: 714-641-5100 Facsimile No.: 714-546-9035 Attention: M. Katherine Jenson, Esq. Notice given by United States Postal Service or delivery service as provided herein shall be considered given on the earlier of the date on which said notice is actually received by the party to whom such notice is addressed, or as of the date of delivery, whether accepted or refused, established by the United States Postal Service return receipt or such overnight carrier's receipt of delivery, as the case may be. Any such notice not so given shall be deemed given upon receipt of the same by the party to which it is addressed. 882/015610-0084 -8- 755505.04 a] 1/17/06 7.2 Developer's Limitation on Damages. Developer covenants on behalf of itself and its successors and assigns, including the owners of the Units, not to sue the City for damages or monetary relief for any claim arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Declaration or any of the matters referred to herein including but not limited to any of the fees required to be paid hereunder. 7.3 Mortgagee Protection. No portion of this Declaration or any amendment or violation thereof shall operate to defeat or render invalid, in whole or in part, the rights of the beneficiary, insurer, guarantor, or holder of any mortgage or deed of trust encumbering any portion of the Property; provided that, after foreclosure of any such mortgage or deed of trust, the property foreclosed shall remain subject to this Declaration. 7.4 Governing Law. This Declaration shall be governed by the internal laws of the State of California, without regard to conflict of law principles. 7.5 Interpretation; Incorporation. This Declaration shall be interpreted to give each of the provisions their plain meaning. The Recitals and the exhibits attached hereto are incorporated into the Declaration. 7.6 Language Construction. Designations used herein are for convenience only and shall not be controlling in the interpretation of this Declaration. 7.7 Amendment. This Declaration may only be amended pursuant to a written amendment, executed by Developer (or its successor or assign) and City, and recorded in the Office of the Recorder of Riverside County, California. 7.8 Counterparts. The parties may execute this Declaration in counterparts. Each counterpart shall be deemed an original instrument as against any party who has signed it. 7.9 Successors and Assigns. All of the terms, covenants and conditions of this Agreement shall be binding upon the Developer and its permitted successors and assigns. Whenever the term "Developer" is used in this Agreement, such term shall include any other permitted successors and assigns as herein provided. 7.10 No Waiver. A waiver by either party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement. 7.11 Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. 882/015610-0084 755505.04 al1/17/06 DRAFT 7.12 Time of Essence. Time is expressly made of the essence with respect to the performance by the City and the Developer of each and every obligation and condition of this Agreement. 7.13 Non -Liability of Officials and Employees of the City. No member, official or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any Default or breach by the City or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Agreement. 7.14 Attorneys' Fees. In any action between the parties to interpret, enforce, reform, modify, rescind, or otherwise in connection with any of the terms or provisions of this Agreement, the prevailing party in the action shall be entitled, in addition to damages, injunctive relief, or any other relief to which it might be entitled, reasonable costs and expenses including, without limitation, litigation costs, reasonable attorneys' fees and expert witness fees. [signatures on next page] 882/015610-0084 -10- 755505.04 a11/17/06 DRAFT EXHIBIT "E" IN WITLESS WHEREOF, City and Developer have executed this Declaration as of the date written above. ATTEST: City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP City Attorney "CITY" CITY OF LA QUINTA, a California municipal corporation City Manager "DEVELOPER" "LDD" LDD SILVERROCK, LLC, a Delaware limited liability company I� Its: 882/015610-0084 -11- 755505.04 al1/17/06 STATE OF CALIFORNIA ) ss COUNTY OF ) On , before me, , a Notary Public, 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, , a Notary Public, 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] 882/015610-0084 -12_ 755505.04 at 1/17/06 DRAFT EXHIBIT "E" EXHIBIT A LEGAL DESCRIPTION OF PROPERTY [to be attached] 882/015610-0084 EXHIBIT A 755505.04 al1/17106 EXHIBIT B FOUR STAR QUALITY REQUIREMENTS Four -Star Quality indicates an outstanding hotel providing the guest with a luxury experience in a distinctive setting, including expanded amenities and exceptional service. Guests at a Four Star Quality hotel or resort can expect to find all of the following characteristics: Services Detail • Staff is well-groomed with professional, neat and well -maintained attire. • All staff encountered are pleasant and professional in their demeanor. • Front desk staff are articulate, smile and make eye contact. • The front desk is staffed twenty-four hours. • Restaurant on -site serving three meals daily. • Valet parking is available. • Baggage assistance is automatic. • Complimentary newspapers are delivered to room automatically. • Complete room service is available. • Workstation is available where guest can access Internet. • Basic fitness equipment is provided, including treadmills and cycles. • Written confirmation is automatic or offered, either by mail, fax or e-mail. • Guests name is used effectively, but discreetly, as a signal of recognition. • The time from arriving at the reception area until registration is complete does not exceed five minutes (includes queuing). • Bed is plush and inviting with oversized or numerous pillows. • Bedcovers are elegant and stylish and with linens of exceptional quality and comfort. • All written information is provided on good quality paper or pads, custom -printed or logoed. • Bathroom presentation and placement of amenities and linens is thoughtful, careful, and elegant. EXHIBIT B M +� 882/015610-0084 Page 1 of 7 j } 755505.04 a11117/06 g • Fresh ice is provided during evening service or at another time during the day. • Turndown service is automatically provided. • During turndown service, guest clothing is neatly handled and guest toiletries are neatly arranged and displayed on a cloth or shelf. • Room service is delivered within 30 minutes. • Room service order is delivered within five minutes of quoted time. • Two hour pressing available • Same day laundry and dry cleaning is available seven days/week. • Wake-up call is personalized with guest's name and time of day. • Wake-up call is delivered within two minutes of requested time. • Special service desk identified as concierge/guest service is situated apart from reception/front desk. • If spa services are present, treatments are begun and ended on schedule, within five minutes of expected or booked time. • If spa services are present, during treatment, therapist appears to be genuinely expert, moving seamlessly through the treatment as described and expected. Facilities Details • Self parking area is free of debris, good condition; surfaces, curbs, paths. • All outdoor walkways and approaches are well -maintained and cleaned. • Outdoor awnings, signs, marquees, flags, and plantings are clean and in good condition. • Public spaces are free of obvious hazards. • Elevator landings, cars and doors/tracks are clean and in good condition. • Guest room corridor floors, walls and ceilings are free of debris, marks, and damage. • All furniture, fixtures and equipment are clean, neat and well -maintained. • Ashtrays throughout public areas are well -maintained and free of excessive debris. • Temperature in all interior public areas are maintained in general comfort range. • Public washrooms very hygienic and neat, with well -stocked paper and soap. • Public washroom fixtures, walls and floors are in very good condition. • Meeting rooms are well -signed so that it is easy to find and arrive at a specific room. EXHIBIT B 882/015610-0084 Page 2 of 7 755505.04 a11/17/06 g • Meeting room doors are in good condition, free of nicks and damage. • Meeting room interiors are in generally good condition, including walls, floors and ceiling. • Lobby provides a comfortable seating area. • Lobby floors, walls and ceiling are free of debris, marks and damage. • Lobby areas feature elegant live plants and/or fresh floral displays. • Notices are professional, matching decor, not "homemade". • Vending and/or ice machines are located on each guest floor. • Vending and/or ice areas and equipment are clean, well -lit, and well -maintained. • Service doors are clean, free of marks and damage, and closed. • A variety of different sized and appointed rooms available in hotel. • High quality, varied, and major brand sundry selections are available in an on -site store. • Suite (separate bedroom and living areas) accommodations are available. • A dedicated and secure luggage storage area is available. • Public phones are convenient, and equipped with seats, privacy panels and pad/pens. • Public washrooms are furnished with upgraded materials and appointments/luxurious design. • Televisions feature premium cable TV (two movie channels, two all -news, two financial). • Pay -Movie selections are available through television. • Guest room telephones have two lines. • Guest rooms equipped with data ports (guest can connect laptop to the Internet). • Direct dial phones with direct long distance dialing are available in each guest room. • If public phonebook present, it is displayed in attractive cover. Guest Room Detail Hardware and hangings (door locks, racks, artwork, etc.) are secure and in good condition. • Carpet/floor is free of debris, stains, wear, loose threads, open seams, etc. • Walls and ceilings are free of marks, stains and damage. EXHIBIT B .i 982/015610-0084 Page 3 of 7 755505.04 al1/17/06 g • Drapes are free of stains, damage; pull easily and hang properly. • Furniture is free of dust, marks and damage. • All printed material including collateral, phonebooks and stationery are neat, crisp and current. • Drawers and shelves are clean, free of dust and debris. • All light bulbs operate; all light fixtures and lamps are in good condition, clean. • Mirrors and windows are free of smudges and damage throughout. • If safe is provided, it is clean, functional and convenient. • Room equipped with accurate, functional clock and radio/stereo. • Color television works and is equipped with remote control, and is minimum 19". • All bedding and linens are free of debris, hairs, damage and stains. • Room heating and air conditioning is easily controlled by guest and is quiet. • Air is fresh and clean, no stuffiness or odors. • Sink, tub, shower, toilet, bidet are very clean, free of hairs, stains and discoloration. • Bathroom tile and grouting is clean, not discolored, cracked or mildewed. • Faucets and drains operate smoothly and easily. • Minimum bath linen is present: one bathmat; two each of facecloth, hand towel and bath towel. • If robes are provided, they are free of spots, stains and loose threads. • Guest room door and frame free of marks, scratches and scuffs. • Comfortable seating for two people (other than bed). • Guest service directory, pad and pen/pencil present and conveniently placed. • Enclosed closets (means closets must have doors). • There are three spacious drawers or enclosed shelves (inside closet). • A Luggage rack or bench provided; and adequate space to leave suitcase. • Extra clean and hygienic blanket and pillow provided in room. • Lighting throughout the room is adequate. • The room can be fully darkened. EXHIBIT B 982/015610-0084 Page 4 of 7 755505,04 a11/17/06 g • Full-length mirror present in room. • A hairdryer present in room, clean and functional. • Each guest room has two phones (one could be in the bathroom). • Comfortable desk and chair are available for working, complete with telephone, data port, and light. • Insulated ice bucket, vinyl or better, as well as glass glassware; clean and hygienic are present in room. • Minibar is present (defined as selection of several beverages and snacks). It is non auto - charge, and premium products are attractively displayed. • Minibar is hygienic, free of spills and damage, all products are sealed, price list present. • If coffeemaker is present, it is hygienic, and ceramic mugs and napkins are available. • Pillows are plush and full, no foam. • Framed artwork or interesting architectural features exist in room. • Excellent lighting is provided in bathroom for makeup and shaving. • Hygienic soap, shampoo and four other bath amenities are provided. Amenities are presented attractively, thoughtfully (not simply lined up on counter). • Towels are of absorbent quality, with soft nap and no discoloration. Towels are free of spots, stains, tears and obvious frays. • Guest room is of generous size, and provides ample seating for more than two persons. • Selection of at least 10 hangers including a variety of bars, clips and padded. • In -room safe is present. • Bed is triple sheeted or features washable duvets. • Live plants are present in guest rooms. • Shaving/makeup, lighted magnifying mirror is present. Specialized Facility Detail • Pool/beach furniture is clean, hygienic and well -maintained. Pool deck or beach/sand is clean and free of excessive debris. • Pool deck and tiling are in good condition, free of excessive damage or wear. • Pool water is clean, free of debris and free of notable odors. EXHIBIT B 882/015610-0084 Page 5 of 7 755505.04 al1/17/06 g • Pool fittings and equipment (ladders, dive boards) are secure and in good condition. • Tennis court surfaces are in good condition, free of damage and well -marked. • Tennis courts and surrounding areas are clean and free of debris. • Fixtures, nets, lights, fences are well -maintained and good condition. • Pro shop/clubhouse interior are clean and well -maintained; displays and counters neat and tidy. • Pro shop!clubhouse and surrounding areas are clean with well -maintained appearance. • Golf carts are clean, well -organized and maintained. • Rental equipment is clean and good condition, including bags. • Guest can pick up e-mail and access the Internet from a Business Center workstation. • Business Center working areas are clean, tidy and professional. • Comfortable office -style chairs at the Business Center guest workstations. • All fitness, treatment and relaxation areas are hygienic, neatly organized and maintained. • Spa reception area is well-defined, neat and professional. • Fitness equipment is clean, in very good condition, conveniently laid out. • Fitness/workout area is well -ventilated, with comfortable temperature. • Fitness equipment is available with personal headphones/televisions. • Sound system or television provided in fitness/workout areas. • Towels are provided in locker and fitness areas. • Grooming area equipped with hairdryers; soap and shampoo conveniently placed. • All amenities are neatly and professionally presented; very hygienic. • Locker room, showers, sauna and hot tub extremely clean, hygienic appearance. • If Business Center is present, a semi -private working area with workstation and telephone is available for guests. • If a spa exists on site, robes and slippers or spa sandals are available in variety of sizes, and they are clean and in good condition. • If spa or fitness center exists on site, complimentary amenities to include body lotion, shower caps, talc/deodorant and combs. EXHIBIT B 882/015610-0084 Page 6 of 7 755505.04 al1/17/06 g • If spa exists on site, at least two types of massage and either body treatments or facials are also offered. • If tennis is available on site, water is available courtside. • If pool or beach service is present, ample towels are available poolside or at the beach. • Current newspapers and national -title magazines are provided in fitness and locker areas. • If spa, treatment rooms are equipped with individually controlled temperature and sound system. EXHIBIT B 882/015610-0084 Page 7 of 7 755505.04 al1/17/06 g EXHIBIT "F" LIST OF PRE -APPROVED OPERATORS 1. Tishman Hotel Corp. 2. Rosewood Hotels and Resorts 3. Gemstone Resorts International, LLC 4. Noble House Hotels and Resorts 5. Intercontinental Hotels Group 6. Marriott International .7. Starwood Hotels and Resorts 8. Global Hyatt Corp. 9. Fairmont Raffles Holdings 10. Four Seasons Hotels and Resorts 11. Loews Hotels 12. West Paces Hotel Group 13. Mandarin Oriental Hotel Group 14. The Peninsula Hotels 15. RockResorts 16. Hilton Hotels & Resorts 17. Ritz Carlton 18. Kimpton 882/015610-0084 EXHIBIT F 750537.06 at 1/17/06 AGENCY CONSENT TO RECORDATION THE LA QUINTA REDEVELOPMENT AGENCY HEREBY CONSENTS TO THE RECORDATION OF THE FOREGOING DEVELOPMENT AGREEMENT AGAINST THE REAL PROPERTY DESCRIBED IN EXHIBIT "A" TO SAID DEVELOPMENT AGREEMENT. LA QUINTA REDEVELOPMENT AGENCY Its: STATE OF CALIFORNIA ) ss COUNTY OF ) On , before me, a Notary Public, 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] 882/015610-0084 _ l 750537.06 a11117106 • a Hensley n: Veronica Montecino Wednesday, November 22, 2006 11:38 AM Phyllis Manley; Gina Hensley ect: FW: Document for City File Relating to Public Hearing No. 3 Rock Decl. of Redline.doc (209 &Rs.DOC ... KS) Please print and file. Thanks! lonica J. Montecino y Clerk .Original Message----- im: Ramey, Lauren [mailto:lramey@rutan.com] On Behalf Of Jenson, Kathy ft: Wednesday, November 22, 2oo611:36 AM Veronica Montecino )ject: Document for City File Relating to Public Hearing No. 3 ,onica, by Jenson asked that I forward these documents to you with the attached messagf m her: It night, when I outlined the changes to the Development Agreement, I referenced fact that we had prepared a revised version of the CC&Rs, which are an exhibit to Development Agreement, and that I would be providing you with a copy of the isions for the file. Attached are those revisions. Please put them in the official Cit for last night's hearing. You don't need to do anything else with them. We will be arporating the final version into the final revised Development Agreement before next Council Meeting. I just want these in your files for the record. ink you, tren Ramey istant to M. Katherine Jenson tan & Tucker, LLP Anton Boulevard, i4th Floor ita Mesa, CA 92626 -641-5100 x1313 -546-9035 Fax mey@rutan.com w.rutan.com <http://www.rutan.com> y tax advice contained in the body of this e-mail was not intended or written to be A, and cannot be.used, by the recipient for the purpose of avoiding penalties that y be imposed under the Internal Revenue Code or applicable state or local tax law rvisions. F10T1011 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager (Space Above This Line for RecorUer's uIIme use umy7 (Exempt from Recording Fee per Gov. Code § 27383) DECLARATION OF COVENANTS CONDITIONS, AND RESTRICTIONS This DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ("Declaration") is entered into this _ day of by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California ("City"), and LDD SILVERROCK, LLC, a Delaware limited liability company ("Developer"). RECITALS: A. Developer is the fee owner of that certain real property located in the City of La Quinta, County of Riverside, State of California, and more particularly described on Exhibit A attached hereto (the "Property"). B. Developer has obtained approval from City to develop and operate on the Property [select applicable Phase of Development: (a) a "Four Star Quality" (as that term is defined in Section 1.2 below) luxury hotel with associated amenities; or (b) a "Four Star Quality" (as that term is defined in Section 1.2 below) casitas development] (the "Project"). C. As more particularly described in Section 1.1 hereof, a portion of the Project has been subdivided into condominium units. D. Pursuant to that certain Development Agreement entered into by and between Developer and City on or about , which was recorded on as Instrument No. , in the Official Records of the County of Riverside (the "Development Agreement"), as a condition to the approval of the Project and prior to City's issuance of a temporary or permanent certificate of occupancy for the Project, Developer is required to record this Declaration against the Property. E. Developer and City desire to enter into this Declaration to bind the Property, and all of the "Units" (as that term is defined in Section 1.1 below) thereon. The restrictions and covenants herein shall be deemed to be included with and imposed as restrictions in each and every conveyance of a Condominium Hotel Unit and Fractional Unit without express reference thereto in the deed evidencing such conveyances. 882/015610-0084 -1- 755505 04 all/21/06 DRAFT DECLARATION NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Developer agrees for its own benefit, the benefit of the "Operator" (as hereinafter defined), and for the benefit of City as follows: 1. Restrictive Covenant. 1.1 Project Accommodations. The Project includes [select applicable: (a) a main hotel building containing _ units (each, a "Unit," and collectively, the "Units"), with _ U of such Units owned by the Developer and managed by the Operator, _ U of such Units available for sale to third -party owners (each, a "Condominium Hotel Unit," and collectively, the "Condominium Hotel Units"), (_) of such Units designated as "Fractional Units" (as that term is defined below, and one or more casitas buildings containing _ U Condominium Hotel Units and _ (__) Fractional Units); or (b) one or more casitas buildings containing _ units (each, a "Unit," and collectively, the "Units"), with (___) of such Units available for sale to third -party owners (each, a "Condominium Hotel Unit," and collectively, the "Condominium Hotel Units"), and _ U of such Units designated as "Fractional Units" (as that term is defined below).] For purposes of this Declaration, a "Fractional Unit" is a Unit that is either (i) a condominium, the ownership of which is divided into multiple fractional interests, including, without limitation, timeshare interests, each of which can either be owned by a separate owner or by single owner, and each of which gives such owner the right to use such Unit for a different period of time; or (b) owned in fee by the Developer, Destination Hotels & Resorts, Inc., a California limited liability company ("DHR"), or a successor in interest to Developer or DHR that is authorized or permitted pursuant to the Development Agreement, and in which memberships are sold to third parties giving such parties the right to use and occupy the Unit for certain periods of time. All Units in the Project shall be completely furnished with furniture, fixtures and equipment to the standards established by the Operator of the Project. A furniture, fixtures and equipment reserve account shall be established and maintained, in an amount reasonably required by City, in order to maintain and, when necessary, replace the furniture, fixtures and equipment within the Units to maintain the facility at a Four Star Quality. 1.2 Management of Proiect Management of Condominium Hotel Units. During the term of this Declaration, each Unit shall be managed by the person or entity designated by the owner of [select applicable: (a) the Project; or (b) the resort hotel development constructed on Parcel _ of Parcel Map No. 33367, recorded on , in Book , Pages _ to _, in the Official Records of the County of Riverside] to operate the Project (the "Operator"). In addition, when a Condominium Hotel Unit is not being used by the owner thereof (each such owner hereinafter an "Owner"), or non-paying guests of Owner, such Condominium Hotel Unit shall be made available for rental as a hotel room in the Project. If the Operator is not the Owner's rental agent, or if the Owner is acting without a rental agent, then the Operator shall have the right, working through the Owner or its designated rental agent, to book such Owner's Condominium Hotel Unit (to the extent it is then unbooked) to fulfill demand made of Operator within the two (2) weeks prior to the date when such Condominium Hotel Unit is needed for booking by the Operator. In all circumstances, the Operator shall have full access to each Unit's reservation and booking schedule, so that the Operator can fulfill its booking and management obligations hereunder. As used in this Section 1.2, the terms 882/015610-0084 _ 755505 04.11/21/06 -2 DRAFT "managed", "management" and words of similar import shall mean that the Operator shall be engaged by each Owner of a Unit pursuant to Operator's then -standard form of agreement to manage the upkeep and care of such Unit and its use by parties other than the Owner, including by providing such services commonly provided at "Four Star Quality" (as defined below) hotel, including without limitation, such services as front desk check -in and check-out services (including electronic keys), routine housekeeping, laundry and dry cleaning, room service, catering and other food and beverage services, spa services, concierge services, parking and bellman services. The use of such services shall be conditioned upon payment of such charges or fees as may be imposed generally on hotel guests. The Operator shall have the exclusive right to restrict and control access to any and all shared facilities within the Project, provided the same does not restrict an Owner's right of access to her, his or its Unit, except that Unit access, including by Owner, shall be subject to mandatory registration at the front desk to obtain a key to the Unit, which key shall be an electronic key. The Operator's management obligations shall also include upkeep and repair of the interior of each Unit, and monitoring and managing repair and replacement of furniture, fixtures and equipment. For purposes of this Declaration, the term "Four Star Quality" means that the Project offers and provides the services, facilities and amenities listed in Exhibit `B", which is attached hereto and incorporated herein by this reference. 1.3 Limitations on Use of Condominium Hotel Units. The Condominium Hotel Units are subject to the following restriction on Owner occupancy: (i) the Owner of a Condominium Hotel Unit (no matter how many parties constitute such Owner) may occupy such Owner's Condominium Hotel Unit (a) for no more than sixty (60) days per calendar year, of which no more than thirty (30) days can be during the period of November I through April 30 of each such calendar year, and (b) for no more than twenty-nine (29) consecutive days; (ii) a minimum seven (7) day period shall intervene between each twenty-nine (29) consecutive day period of occupancy by the Owner; and (iii) when not being used by its Owner, each such Condominium Hotel Unit shall be available as a Project accommodation. Each Condominium Hotel Unit shall be managed by the Operator as set forth in Section 1.2 hereof. For purposes of this Section 1.3 only, the term "Owner" shall mean and refer to the Owner and any non-paying guest of the Owner for whom the Owner reserves its Unit. 1.4 Use by Hotel Guests. Any person or entity who pays to occupy a Condominium Hotel Unit (a "Hotel Guest") shall not occupy or have the right to occupy such Condominium Hotel Unit for more than twenty-nine (29) consecutive days. On or before the twenty-ninth (29`h) day, the Hotel Guest shall check out and vacate of such Condominium Hotel Unit. 1.5 Excess Use Fee. If any Owner or Hotel Guest occupies a Condominium Hotel Unit beyond the time periods permitted in Sections 1.3 and 1.4 (as applicable), then such Owner or Hotel Guest shall pay to the Operator, for remittance to the City, the following daily fee for each such day that the Owner's or Hotel Guest's occupancy exceeds the permitted number of days: (i) Twenty Dollars ($20.00) per day for studio Condominium Hotel Units and one -bedroom Condominium Hotel Units; and (ii) Thirty -Five Dollars ($35.00) per day for two - bedroom Condominium Hotel Units and for presidential villas (the "Excess Use Fees"). Each of the Excess Use Fees shall be increased annually, on each February I during the term of this Declaration, by the "ADR Index." For purposes of this Declaration, the "ADR Index" shall 882/015610-0084 _ 755505 04 al 1/21106 -3 111 MR W mean the average increase in the average daily room rate for the Miramonte Resort & Spa, La Quinta Resort & Club, the Hyatt Grand Champions, Renaissance Esmeralda, and the Project, as determined and published in the STR Report, published by Smith Travel & Research or, if the STR Report is no longer published, in an equivalent statistical report that analyzes the percentage increase in average daily room rates at the foregoing hotels and resorts. Notwithstanding anything in this Declaration to the contrary, if the ADR Index decreases, such decrease shall not result in a decrease in any of the fees required hereunder. Instead, the ADR shall be deemed not to have changed since the prior year. 1.6 Recordation of Covenants, Conditions and Restrictions. Prior to, and as a condition of, the City's issuance of any temporary or permanent certificate of occupancy for the Project, the Developer shall submit to the City, obtain approval thereof, and record, covenants, conditions and restrictions against the Property which (i) shall provide for establishment of homeowner's association for the Project (the "Association"); (ii) shall provide for the Association's collection of and payment to the City of the fees described in Section 2 below; (iii) is necessary to create a condominium regime for the condominiums described on the Condominium Plan to be recorded in accordance with all applicable laws; (iv) clearly sets forth the maintenance obligations of the owners of the Condominium Hotel Units; and (v) includes a disclosure regarding the public ownership and control of the existing golf course and any future golf course that may be developed in the "SilverRock Resort Area" (as that term is defined below) and a statement that Developer does not and cannot guarantee that the City will not make changes to such golf course(s) or change the use of the underlying real property (the "CC&Rs"). The CC&Rs shall provide that the City is a third party beneficiary thereof with the right, but not the obligation, to enforce the terms thereof which are set forth in this Section 1.6, and shall require the written approval of the City prior to any amendments thereto to the provisions thereof which are set forth in this Section 1.6. For purposes of this Declaration, the term "SilverRock Resort Area" shall mean and refer to the real property included in and covered by the SilverRock Resort Specific Plan, also known as Specific Plan 06-08, as amended by Resolution 2006-083, which was duly adopted by the La Quinta City Council on July 18, 2006. 1.7 Reporting Requirements. During the term of this Agreement, within thirty (30) days after the end of each calendar quarter (i.e., by each April 30, July 30, October 30, and January 30), the Association shall provide to City a report that contains all of the following information on each Condominium Hotel Unit for such calendar quarter: (a) the number of said Unit; (b) the name, address, and phone number of the Owner of such Unit; (c) the dates the Unit was occupied by persons other than the Owner of the Unit; (d) the dates the Unit was occupied by the Owner; (e) the name and address of any Hotel Guests (other than the Owner) whose occupancy exceeded the timeframes set forth in Section L4 above; (f) the identity of the rental agent for said Unit (if not the Operator); and (g) the transient occupancy tax (as that term is used in La Quinta Municipal Code Chapter 3.24) (hereinafter, "TOT") that has been collected by the Operator and remitted to the City for use of said Unit during such calendar quarter (each, a "Quarterly Report"). 2. Resort Fees 2.1 Condominium Hotel Units. During the term of this Agreement, for each Condominium Hotel Unit, on or before each February 28 commencing on the first February 28 "2/015610-0084 _ 755505.04 a101/06 -4 09M following the date on which the Condominium Hotel Unit has (i) received a certificate of occupancy, and (ii) been sold to a third party, as evidenced by the close of escrow for such Condominium Hotel Unit (the "CHU Annual Resort Fee Payment Date"), the Association shall (i) provide to the City a report that contains all of the information contained in a Quarterly Report (as described in Section 1.7 above) for the immediately preceding calendar year (the "Annual Report"); and (ii) collect from the Owner of such Condominium Hotel Unit and remit to the City an annual resort fee (each, a "CHU Annual Resort Fee") covering the January 1 through December 31 period occurring immediately preceding the CHU Annual Resort Fee Payment Date (the "Operative Year"). CHU Annual Resort Fees shall be prorated for any partial ownership calendar year based on the time period during which such Unit was owned by the Owner. The CHU Annual Resort Fee for studio Condominium Hotel Units and for one - bedroom Condominium Hotel Units shall be One Thousand Two Hundred Dollars ($1,200) per year for the first two Operative Years, and One Thousand Eight Hundred Dollars ($1,800) for each subsequent Operative Year [as the same may increase, on each February 1, by the ADR Index]. The CHU Annual Resort Fee for two -bedroom Condominium Hotel Units and for the presidential villas shall be One Thousand Eight Hundred Dollars ($1,800) per year for the first two Operative Years, and Two Thousand Four Hundred Dollars ($2,400) for each subsequent Operative Year [as the same may increase, on each February 1, by the ADR Index]. Notwithstanding anything herein to the contrary, to the extent the Annual Report indicates that the City has actually received TOT revenues collected by the Operator and generated from the occupancy of a Condominium Hotel Unit during such Operative Year, the TOT revenues collected by the Operator and remitted to the City for said Unit shall be credited against the CHU Annual Resort Fee owed by such Unit, and the amount owed shall be reduced by the same amount. For example, if in the first Operative Year the amount of One Thousand One Hundred Fifty Dollars ($1,050) has been paid to the City as TOT based on transient occupancy of a studio Condominium Hotel Unit, the Association shall collect from the Owner of said Unit and remit to the City only the sum of One Hundred Fifty Dollars ($150.00). In the event a CHU Annual Resort Fee is remitted to the City for a Condominium Hotel Unit for which the City has received TOT from a source other than the Operator, the City shall provide a rebate to the Owner of said Unit in the amount of the TOT collected for such Unit up to but not in excess of the CHU Annual Resort Fee paid by or on behalf of such Owner on account of such Owner's Condominium Hotel Unit. Notwithstanding anything herein to the contrary, if a Condominium Hotel Unit has not yet been sold to a third party, and Developer or the Operator permits occupancy in such Unit free of charge or at a reduced rate, Developer or the Operator shall pay to the City TOT revenues on the rental amount that would have been charged and collected on such Unit if such Unit were rented at the then -current rental rate for the Unit. 2.2 Fractional Units. During the term of this Agreement, for each Fractional Unit, on or before each February 2e commencing on the first February 28u following the date on which (i) either (a) the condominium unit in which the Fractional Unit is located received a certificate of occupancy [for Fractional Units which are condominiums], or (b) the Unit received a certificate of Occupancy [for Fractional Units which are not condominiums], and (ii) the 882/015610-0084 _5- 755505.04 a11/21/06 Fractional Unit has been sold to a third party, as evidenced by the close of escrow for such Fractional Unit (the "Fractional Unit Annual Resort Fee Payment Date"), the Association shall collect from the Owner(s) of such Fractional Unit and remit to the City an annual resort fee (each, a "Fractional Unit Annual Resort Fee") covering the prior Operative Year. Fractional Unit Annual Resort Fees shall be prorated for any partial ownership calendar year based on the time period during which such Fractional Unit was owned by an Owner. The Fractional Unit Annual Resort Fee for Fractional Units containing up to six hundred square feet (600 sf) shall be Four Thousand Three Hundred Eighty Dollars ($4,380); the Fractional Unit Annual Resort Fee for Fractional Units containing between six hundred one square feet (601 sf) and nine hundred fifty square feet (950) shall be Five Thousand Four Hundred Seventy -Five Dollars ($5,475); the Fractional Unit Annual Resort Fee for Fractional Units containing between nine hundred fifty- one square feet (951 sf) and one thousand six hundred square feet (1,600 sf) shall be Six Thousand Five Hundred Seventy Dollars ($6,570); the Fractional Unit Annual Resort Fee for Fractional Units containing between one thousand six hundred one square feet (1,601 sf) and two thousand five hundred square feet (2,500 sf) shall be Seven Thousand Three Hundred Dollars ($7,300); and the Fractional Unit Annual Resort Fee for Fractional Units containing more than two thousand five hundred square feet (2,500 A) shall be Eight Thousand Thirty Dollars ($8,030). Each Fractional Unit Annual Resort Fee shall increase annually, on each February 1, by the ADR Index. Each Fractional Unit Annual Resort Fee shall be divided equally among each of the Owners of a particular Fractional Unit, and each such Owner shall be responsible for the portion of the Fractional Unit Annual Resort Fee allocated to such Owner's fractional interest. 2.3 Sale of a Unit. Prior to the sale of any Unit by the Owner thereof, the Association shall collect from said Owner and remit to the City the Fractional Unit Annual Resort Fee or the Condominium Hotel Unit Annual Resort Fee (as applicable) for said Unit that will be due and payable by the Owner on the next February 28 th . 3. Term. This Declaration shall become effective on the date on which the Property is subdivided to create the Condominium Hotel Units (as evidenced by recording of a condominium plan which imposes a condominium regime on the Condominium Hotel Units) and shall continue in full force until the earlier to occur of (i) termination of this Declaration by written agreement of Developer (or its successor or assign, as applicable) and the City, or (ii) the date on which the Project, or a hotel or resort ceases to be operated on the Property, provided Developer or its successor or assign provides City sixty (60) days prior written notice of such cessation. Notwithstanding the date on which this Declaration becomes effective, Condominium Hotel Unit Annual Resort Fees and Fractional Unit Annual Resort Fees shall only be payable commencing on the dates provided herein. 4. Covenants Running With the Land. Developer declares that all of the Units shall be held, conveyed, hypothecated, encumbered, leased, rented, used, and occupied subject to the provisions of this Declaration, all of which are declared to be in furtherance of and for the protection of and maintenance and improvement of the Units and to comply with the conditions. Pursuant to applicable law, including, but not limited to, Section 1462, 1465 and 1468 of the Civil Code of the State of California, all provisions of this Declaration (i) are hereby imposed as equitable servitudes on each of the Units for the benefit of Developer and Operator and their successors and assigns and the City, and (ii) shall run with the land and be binding upon and inure 892/015610-0084 755505 04 al l21/06 DRAFT to the benefit of each of the Units and each and every portion thereof or interest therein, and all parties having or acquiring any right, title, or interest in the Units or any portion thereof, and their successors and assigns. 5. Assessment Appeals; Other Fees and Charges. Developer agrees on behalf of itself, and on behalf of all persons or entities that may own an interest in the Property or in the Units in the future, that during the term of this Declaration no action shall be taken to challenge, cancel, reduce, or otherwise negate the annual resort payments required to be made to the City pursuant to the terms of this Declaration. 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. 6. Default; Remedies, Dispute Resolution. 6.1 Notice of Default. In the event of failure by Developer or Developer's successors in interest substantially to perform any material term or provision of this Declaration, the City shall have those rights and remedies provided herein, provided that the City has first provided to Developer a written notice of default in the manner required by Section 7.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 6.2 Cure of Default. Upon the receipt of the notice of default, Developer 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], Developer shall commence to cure, correct, or remedy such default within such five (5) day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure, correction or remedy to completion. 6.3 City Remedies. In the event of an uncured default by Developer or its successors in interest of the terms of this Declaration, 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 Declaration; provided, however, that in no event shall City be entitled to consequential damages for any Developer default. 7. Miscellaneous. 7.1 Notices. Any notices, demands or other communications required or permitted to be given by any provision of this Declaration or which any party may desire to give the other shall be given in writing, delivered personally or sent by certified mail, postage prepaid, facsimile, or by a reputable delivery service which provides a receipt with the time and date of delivery, addressed to a party, at the addresses set forth below, or to such other address as said party may hereafter or from time to time designate by written notice to the other party. 882/015610-0084 755505 04 al l/21/06 -7- DRAFT To Agency: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 Phone No.: 760-777-7031 Facsimile No.: 760-777-7101 Attention: Assistant Executive Director With a copy to: Rutan & Tucker, LLP 611 Anton, Suite 1400 P.O. Box 1950 Costa Mesa, California 92628 Phone No.: 714-641-5100 Facsimile No.: 714-546-9035 Attention: M. Katherine Jenson, Esq. To Developer: LDD SilverRock, LLC 74-001 Reserve Drive Indian Wells, California 92210 Phone No.: 760-674-2200 Facsimile No.: 760-779-1646 Attention: Theodore R. Lennon, Jr. With copies to: Manatt, Phelps & Phillips, LLP 11355 W. Olympic Boulevard Los Angeles, California 90064 Phone No.: 310-312-4217 Facsimile No.: 310-312-4224 Attention: Timi A. Hallem and Lowe Enterprises, Inc. 11777 San Vicente Blvd., Suite 900 Los Angeles, California 90049 Attn: Corporate Counsel Phone No.: 310-820-6661 Facsimile No.: 310-820-8131 Notice given by United States Postal Service or delivery service as provided herein shall be considered given on the earlier of the date on which said notice is actually received by the party to whom such notice is addressed, or as of the date of delivery, whether accepted or refused, established by the United States Postal Service return receipt or such overnight carrier's receipt of delivery, as the case may be. Any such notice not so given shall be deemed given upon receipt of the same by the party to which it is addressed. 882/0156104084 755505.04 A 1/21/06 -8- DRAFT 7.2 Books and Records. Upon not less than ten (10) days written notice to Developer (or its successor or assigns), Developer shall make available to City for inspection and copying the books and records of Developer pertaining to the Project so as to permit City to audit compliance with the terms of this Declaration. 7.3 Developer's Limitation on Damages. Developer covenants on behalf of itself and its successors and assigns, including the owners of the Units, not to sue the City for damages or monetary relief for any claim arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Declaration or any of the matters referred to herein including but not limited to any of the fees required to be paid hereunder. 7.4 Mortgagee Protection. No portion of this Declaration or any amendment or violation thereof shall operate to defeat or render invalid, in whole or in part, the rights of the beneficiary, insurer, guarantor, or holder of any mortgage or deed of trust encumbering any portion of the Property; provided that, after foreclosure of any such mortgage or deed of trust, the property foreclosed shall remain subject to this Declaration. 7.5 Governing Law. This Declaration shall be governed by the internal laws of the State of California, without regard to conflict of law principles. 7.6 Interpretation; Incorporation. This Declaration shall be interpreted to give each of the provisions their plain meaning. The Recitals and the exhibits attached hereto are incorporated into the Declaration. 7.7 Language Construction. Designations used herein are for convenience only and shall not be controlling in the interpretation of this Declaration. 7.8 Amendment. This Declaration may only be amended pursuant to a written amendment, executed by Developer (or its successor or assign) and City, and recorded in the Office of the Recorder of Riverside County, California. 7.9 Counterparts. The parties may execute this Declaration in counterparts. Each counterpart shall be deemed an original instrument as against any party who has signed it. 7.10 Successors and Assigns. All of the terms, covenants and conditions of this Agreement shall be binding upon the Developer and its permitted successors and assigns. Whenever the term "Developer" is used in this Agreement, such term shall include any other permitted successors and assigns as herein provided. 7.11 No Waiver. A waiver by either party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement. 7.12 Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, 882/015610-0084 755505.04 al 121/06 -9- DRAFT condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. 7.13 Time of Essence. Time is expressly made of the essence with respect to the performance by the City and the Developer of each and every obligation and condition of this Agreement. 7.14 Non -Liability of Officials and Employees of the City. No member, official or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any Default or breach by the City or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Agreement. 7.15 Attorneys' Fees. In any action between the parties to interpret, enforce, reform, modify, rescind, or otherwise in connection with any of the terms or provisions of this Agreement, the prevailing party in the action shall be entitled, in addition to damages, injunctive relief, or any other relief to which it might be entitled, reasonable costs and expenses including, without limitation, litigation costs, reasonable attorneys' fees and expert witness fees. [signatures on next page] 882/015610-0084 _ 1 O- 755505.04 al l/21/06 IBM". W1 IN WITNESS WHEREOF, City and Developer have executed this Declaration as of the date written above. ATTEST: City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP City Attorney "CITY" CITY OF LA QUINTA, a California municipal corporation City Manager "DEVELOPER" "LDD" LDD SILVERROCK, LLC, a Delaware limited liability company C Its: 882/015610-0084 -11- 755505 04 a11/21/06 DRAFT STATE OF CALIFORNIA ) ) ss COUNTY OF ) On before me, a Notary Public, 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, a Notary Public, 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] 882/015610-0084 -12,- 755505 04 all/21/06 DRAFT EXHIBIT A LEGAL DESCRIPTION OF PROPERTY [to be attached] 882/015610-0084 EXHIBIT A 755505 04 al 1/21/06 EXHIBIT B FOUR STAR QUALITY REQUIREMENTS Four -Star Quality indicates an outstanding hotel providing the guest with a luxury experience in a distinctive setting, including expanded amenities and exceptional service. Guests at a Four Star Quality hotel or resort can expect to find all of the following characteristics: Services Detail • Staff is well-groomed with professional, neat and well -maintained attire. • All staff encountered are pleasant and professional in their demeanor. • Front desk staff are articulate, smile and make eye contact. • The front desk is staffed twenty-four hours. • Restaurant on -site serving three meals daily. • Valet parking is available. • Baggage assistance is automatic. • Complimentary newspapers are delivered to room automatically. • Complete room service is available. • Workstation is available where guest can access Internet. • Basic fitness equipment is provided, including treadmills and cycles. • Written confirmation is automatic or offered, either by mail, fax or e-mail. • Guests name is used effectively, but discreetly, as a signal of recognition. • The time from arriving at the reception area until registration is complete does not exceed five minutes (includes queuing). • Bed is plush and inviting with oversized or numerous pillows. • Bedcovers are elegant and stylish and with linens of exceptional quality and comfort. • All written information is provided on good quality paper or pads, custom -printed or logoed. • Bathroom presentation and placement of amenities and linens is thoughtful, careful, and elegant. • Fresh ice is provided during evening service or at another time during the day. EXHIBIT B 882/015610-0084 Page 1 of 7 755505 04 al1/21/06 g • Turndown service is automatically provided. • During turndown service, guest clothing is neatly handled and guest toiletries are neatly arranged and displayed on a cloth or shelf. • Room service is delivered within 30 minutes. • Room service order is delivered within five minutes of quoted time. • Two hour pressing available • Same day laundry and dry cleaning is available seven days/week. • Wake-up call is personalized with guest's name and time of day. • Wake-up call is delivered within two minutes of requested time. • Special service desk identified as concierge/guest service is situated apart from reception/front desk. • If spa services are present, treatments are begun and ended on schedule, within five minutes of expected or booked time. • If spa services are present, during treatment, therapist appears to be genuinely expert, moving seamlessly through the treatment as described and expected. Facilities Details • Self parking area is free of debris, good condition; surfaces, curbs, paths. • All outdoor walkways and approaches are well -maintained and cleaned. • Outdoor awnings, signs, marquees, flags, and plantings are clean and in good condition. • Public spaces are free of obvious hazards. • Elevator landings, cars and doors/tracks are clean and in good condition. • Guest room corridor floors, walls and ceilings are free of debris, marks, and damage. • All furniture, fixtures and equipment are clean, neat and well -maintained. • Ashtrays throughout public areas are well -maintained and free of excessive debris. • Temperature in all interior public areas are maintained in general comfort range. • Public washrooms very hygienic and neat, with well -stocked paper and soap. • Public washroom fixtures, walls and floors are in very good condition. • Meeting rooms are well -signed so that it is easy to find and arrive at a specific room. • Meeting room doors are in good condition, free of nicks and damage. EXHIBIT B 882/015610-0084 Page 2 of 7 755505 04 all2a1/06 g • Meeting room interiors are in generally good condition, including walls, floors and ceiling. • Lobby provides a comfortable seating area. • Lobby floors, walls and ceiling are free of debris, marks and damage. • Lobby areas feature elegant live plants and/or fresh floral displays. • Notices are professional, matching decor, not "homemade". • Vending and/or ice machines are located on each guest floor. • Vending and/or ice areas and equipment are clean, well -lit, and well -maintained. • Service doors are clean, free of marks and damage, and closed. • A variety of different sized and appointed rooms available in hotel. • High quality, varied, and major brand sundry selections are available in an on -site store. • Suite (separate bedroom and living areas) accommodations are available. • A dedicated and secure luggage storage area is available. • Public phones are convenient, and equipped with seats, privacy panels and pad/pens. • Public washrooms are furnished with upgraded materials and appointments/luxurious design. • Televisions feature premium cable TV (two movie channels, two all -news, two financial). • Pay -Movie selections are available through television. • Guest room telephones have two lines. • Guest rooms equipped with data ports (guest can connect laptop to the Internet). • Direct dial phones with direct long distance dialing are available in each guest room. • If public phonebook present, it is displayed in attractive cover. Guest Room Detail • Hardware and hangings (door locks, racks, artwork, etc.) are secure and in good condition. • Carpet/floor is free of debris, stains, wear, loose threads, open seams, etc. • Walls and ceilings are free of marks, stains and damage. • Drapes are free of stains, damage; pull easily and hang properly. EXHIBIT B 882/015610-0084 Page 3 of 7 755505 04 al 1/21/06 g • Furniture is free of dust, marks and damage. • All printed material including collateral, phonebooks and stationery are neat, crisp and current. • Drawers and shelves are clean, free of dust and debris. • All light bulbs operate; all light fixtures and lamps are in good condition, clean. • Mirrors and windows are free of smudges and damage throughout. • If safe is provided, it is clean, functional and convenient. • Room equipped with accurate, functional clock and radio/stereo. • Color television works and is equipped with remote control, and is minimum 19". • All bedding and linens are free of debris, hairs, damage and stains. • Room heating and air conditioning is easily controlled by guest and is quiet. • Air is fresh and clean, no stuffiness or odors. • Sink, tub, shower, toilet, bidet are very clean, free of hairs, stains and discoloration. • Bathroom tile and grouting is clean, not discolored, cracked or mildewed. • Faucets and drains operate smoothly and easily. • Minimum bath linen is present: one bathmat; two each of facecloth, hand towel and bath towel. • If robes are provided, they are free of spots, stains and loose threads. • Guest room door and frame free of marks, scratches and scuffs. • Comfortable seating for two people (other than bed). • Guest service directory, pad and pen/pencil present and conveniently placed. • Enclosed closets (means closets must have doors). • There are three spacious drawers or enclosed shelves (inside closet). • A Luggage rack or bench provided; and adequate space to leave suitcase. • Extra clean and hygienic blanket and pillow provided in room. • Lighting throughout the room is adequate. • The room can be fully darkened. • Full-length mirror present in room. EXHIBIT B 882/015610-0084 Page 4 of 7 755505 04 anrziroae g • A hairdryer present in room, clean and functional. • Each guest room has two phones (one could be in the bathroom). • Comfortable desk and chair are available for working, complete with telephone, data port, and light. • Insulated ice bucket, vinyl or better, as well as glass glassware; clean and hygienic are present in room. • Minibar is present (defined as selection of several beverages and snacks). It is non auto - charge, and premium products are attractively displayed. • Minibar is hygienic, free of spills and damage, all products are sealed, price list present. • If coffeemaker is present, it is hygienic, and ceramic mugs and napkins are available. • Pillows are plush and full, no foam. • Framed artwork or interesting architectural features exist in room. • Excellent lighting is provided in bathroom for makeup and shaving. • Hygienic soap, shampoo and four other bath amenities are provided. Amenities are presented attractively, thoughtfully (not simply lined up on counter). • Towels are of absorbent quality, with soft nap and no discoloration. • Towels are free of spots, stains, tears and obvious frays. • Guest room is of generous size, and provides ample seating for more than two persons. • Selection of at least 10 hangers including a variety of bars, clips and padded. • In -room safe is present. • Bed is triple sheeted or features washable duvets. • Live plants are present in guest rooms. • Shaving/makeup, lighted magnifying mirror is present. Specialized Facility Detail • Pool/beach furniture is clean, hygienic and well -maintained. • Pool deck or beach/sand is clean and free of excessive debris. • Pool deck and tiling are in good condition, free of excessive damage or wear. • Pool water is clean, free of debris and free of notable odors. • Pool fittings and equipment (ladders, dive boards) are secure and in good condition. EXHIBIT B 882/015610-0084 Page 5 of 7 755505 04 .11/21/06 g • Tennis court surfaces are in good condition, free of damage and well -marked. • Tennis courts and surrounding areas are clean and free of debris. • Fixtures, nets, lights, fences are well -maintained and good condition. • Pro shop/clubhouse interior are clean and well -maintained; displays and counters neat and tidy. • Pro shop/clubhouse and surrounding areas are clean with well -maintained appearance. • Golf carts are clean, well -organized and maintained. • Rental equipment is clean and good condition, including bags. • Guest can pick up e-mail and access the Internet from a Business Center workstation. • Business Center working areas are clean, tidy and professional. • Comfortable office -style chairs at the Business Center guest workstations. • All fitness, treatment and relaxation areas are hygienic, neatly organized and maintained. • Spa reception area is well-defined, neat and professional. • Fitness equipment is clean, in very good condition, conveniently laid out. • Fitness/workout area is well -ventilated, with comfortable temperature. • Fitness equipment is available with personal headphones/televisions. • Sound system or television provided in fitness/workout areas. • Towels are provided in locker and fitness areas. • Grooming area equipped with hairdryers; soap and shampoo conveniently placed. • All amenities are neatly and professionally presented; very hygienic. • Locker room, showers, sauna and hot tub extremely clean, hygienic appearance. • If Business Center is present, a semi -private working area with workstation and telephone is available for guests. • If a spa exists on site, robes and slippers or spa sandals are available in variety of sizes, and they are clean and in good condition. • If spa or fitness center exists on site, complimentary amenities to include body lotion, shower caps, talc/deodorant and combs. • If spa exists on site, at least two types of massage and either body treatments or facials are also offered. EXHIBIT B 882/015610-0084 Page 6 of 7 755505.04 a11/21/06 g • If tennis is available on site, water is available courtside. • If pool or beach service is present, ample towels are available poolside or at the beach. • Current newspapers and national -title magazines are provided in fitness and locker areas. • If spa, treatment rooms are equipped with individually controlled temperature and sound system. EXHIBIT B 8821015610-0084 Page 7 of 7 755505 04 at 1/21/06 g