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2007 02 20 CCCity Council agendas are available on the City's web page @ www.la-guinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, FEBRUARY 20, 2007 —3:00 P.M. Beginning Resolution No. 2007-013 Ordinance No. 435 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 City's real property negotiator, Douglas R. Evans, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition of an interest in real property identified as APN 775-220-021. Property Owner/Negotiator: Crowne Pointe Partners, LLC, Louis Swart. '1 City Council Agenda 1 February 20, 2007 RECESS TO CLOSED SESSION 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 PRESENTATION BY VICE PRESIDENT OF OPERATIONS FOR COACHELLA VALLEY ECONOMIC PARTNERSHIP. WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM CVAG REGARDING FORMATION OF AN ENERGY CONSERVATION SUBCOMMITTEE. APPROVAL OF MINUTES 1 . APPROVAL OF MINUTES OF FEBRUARY 6, 2007 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 FEBRUARY 20, 2007. 2. RECEIVE AND FILE TRANSMITTAL OF TREASURER'S REPORT DATED DECEMBER 31, 2006. 3. RECEIVE AND FILE TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED DECEMBER 31, 2006. Ti ,q City Council Agenda 2 February 20, 2007 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR AND TWO INVESTMENT ADVISORY BOARD MEMBERS TO ATTEND THE 2007 CALIFORNIA MUNICIPAL TREASURERS ASSOCIATION (CMTA) CONFERENCE TO BE HELD IN LONG BEACH, CALIFORNIA, MAY 2-4, 2007. 5. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31681-3, ANDALUSIA, CORAL OPTION I, LLC. 6. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 34766, SUE LEIDNER, CALIFORNIA RECONVEYANCE COMPANY. 7. ACCEPTANCE OF OFF -SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29053-3, FIORE AT RENAISSANCE, TRANS WEST HOUSING. INC. 8. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PUBLIC WORKS DIRECTOR TO ATTEND THE 2007 PUBLIC WORKS OFFICERS INSTITUTE TO BE HELD IN MONTEREY, CALIFORNIA, MARCH 13-16, 2007. 9. DENIAL OF CLAIM FOR DAMAGES FILED BY MICHAEL MOREIN - DATE OF LOSS: JANUARY 19, 2007. 10. APPROVAL TO APPROPRIATE FUNDS FROM THE MAINTENANCE FACILITY DEVELOPMENT IMPACT FEE (DIF), AND APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH PB AMERICAS, INC. FOR THE MAINTENANCE YARD MASTER PLAN, PROJECT NO. 2006-05. 11. APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN NAI CONSULTING AND THE CITY FOR CONTINUED PROJECT MANAGEMENT AND CONTRACT ADMINISTRATIVE SUPPORT. 12. ADOPTION OF A RESOLUTION APPROVING SALARY RANGE ADJUSTMENTS FOR DEPARTMENT DIRECTOR CLASSIFICATIONS. 13. APPROVAL OF A HOUSING RELOCATION PLAN FOR 46-176 DUNE PALMS ROAD. BUSINESS SESSION 1. CONSIDERATION OF THE VISTA SANTA ROSA SPHERE OF INFLUENCE. A. MINUTE ORDER ACTION ( City Council Agenda 3 February 20, 2007 2. CONSIDERATION OF MID -YEAR BUDGET REPORT FOR FISCAL YEAR 2006/2007. A. MINUTE ORDER ACTION 3. CONSIDERATION OF TWO CITY COUNCIL MEMBERS TO SERVE ON THE CIVIC CENTER ART PURCHASE COMMITTEE. A. MINUTE ORDER ACTION 4. CONSIDERATION OF INVITATION TO PARTICIPATE IN THE CHARITY GOLF TOURNAMENT AT THE CLASSIC CLUB ON MONDAY, APRIL 30, 2007, BENEFITING CSUSB-PALM DESERT CAMPUS STUDENTS. A. MINUTE ORDER ACTION STUDY SESSION 1. DISCUSSION OF CITY COUNCIL GOALS AND THE FISCAL YEAR 2006/2007 ANNUAL FINANCIAL MANAGEMENT REVIEW. 2. DISCUSSION OF GOLF CART PLAN REVISED AREA, STAGE 1, PHASE 1 FOR THE VILLAGE AND SURROUNDING AREAS. REPORTS AND INFORMATIONAL ITEMS 1 . ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (KIRK) 5. C.V. CONSERVATION COMMISSION (SNIFF) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (RON PERKINS) 7. C.V. MOUNTAINS CONSERVANCY (KIRK) 8. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 9. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 10. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 11. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 12. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) Februar 20, 2007 City Council Agenda 4 y 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 AD -HOC COMMITTEE 19. SPHERE OF INFLUENCE SUBCOMMITTEE 20. COMMUNITY SERVICES COMMISSION MINUTES DATED JANUARY 8, 2007 21. PLANNING COMMISSION MINUTES FOR JANUARY 9 AND 23, 2007 22. ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MINUTES FOR JANUARY 17, 2007 DEPARTMENT REPORTS 1. CITY MANAGER - NONE 2. CITY ATTORNEY - NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING & SAFETY DEPARTMENT REPORT FOR JANUARY 2007 5. COMMUNITY DEVELOPMENT DEPARTMENT REPORT FOR JANUARY 2007 6. COMMUNITY SERVICES DEPARTMENT REPORT FOR JANUARY 2007 7. FINANCE DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT REPORT FOR JANUARY 2007 9. POLICE DEPARTMENT REPORT FOR JANUARY 2007 10. FIRE DEPARTMENT QUARTERLY REPORT MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 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. 5 City Council Agenda 5 February 20, 2007 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. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL CERTIFYING ENVIRONMENTAL ASSESSMENT 2006-579, APPROVING SPECIFIC PLAN 2006-081 FOR DESIGN GUIDELINES AND DEVELOPMENT STANDARDS, TENTATIVE TRACT MAP 35060 FOR THE SUBDIVISION OF 28.33 ACRES INTO 74 RESIDENTIAL LOTS WITH AMENITY AND STREET LOTS, AND SITE DEVELOPMENT PERMIT 2006-873 FOR LOT SIZE, SETBACKS, AND DENSITY, FOR THE PROPERTY LOCATED ON WASHINGTON STREET AND NORTHWEST OF THE AVENUE 48 TERMINUS. APPLICANT: LAING LUXURY HOMES. A. RESOLUTION(S) ACTION 2. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL CERTIFYING ENVIRONMENTAL ASSESSMENT 2006-573, APPROVING SITE DEVELOPMENT PERMIT 2006-865 FOR THE ARCHITECTURAL AND LANDSCAPING PLANS FOR A SIGNATURE POOL FACILITY FOR THE PROPERTY LOCATED ON THE WEST SIDE OF AVENIDA OBREGON APPROXIMATELY 150 FEET SOUTH OF AVENIDA FERNANDO ON THE LA QUINTA RESORT GROUNDS. APPLICANT: CNL DESERT RESORTS, LLP. A. RESOLUTION(S) ACTION ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on March 6, 2007, 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. City Council Agenda 6 February 20, 2007 r L+ 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 February 20, 2007, 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 February 16, 2007. DATED• February 16, 2007 VERONICA MONTECINO, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, 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. City Council Agenda 7 February 20, 2007 PRESENTATION: c&t�t 4 4 Q" TO: Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager-7-0 DATE: February 20, 2007 RE: Coachella Valley Economic Partnership Presentation Greg Whitney, new Vice President of Operations for the Coachella Valley Economic Partnership (CVEP), has requested an opportunity to introduce himself to the La Quinta City Council. Mr. Whitney joined CVEP in December 2006 (his biography is attached). In addition, Mr. Whitney will be sharing City of La Quinta highlights from Dr. John Husing's 2006 Coachella Valley Economic Report. Attachment Gregory A Whitney Vice President, Business Development Vice President, Business Development Greg Whitney is the Vice President of Business Development on the staff of the Los Angeles County Economic Development Corporation (LAEDC). Mr. Whitney was hired in 1998 to coordinate and add attraction programs to existing retention and expansion efforts when he joined the LAEDC and was promoted from Manager of Business Attraction to Vice President of Business Development in 1999. Programs currently comprise 200 active projects representing 35,000 potential jobs. Mr. Whitney also serves as manager of the LAEDC Corporate Recruitment Program. Mr. Whitney's departmental responsibilities have grown during his tenure to include outreach programs directed toward established target business clusters including technology and design based operations; high value/high skill based manufacturing and direct foreign investment projects. Mr. Whitney and his department have extensive interface with all LAEDC departments especially Marketing, Research and Consulting to coordinate direct marketing implementation including prospecting trips, tradeshows, hosting visits, direct mail and prospect management leading to successful project completion. Mr. Whitney is a graduate of the University of Missouri - Columbia, Economic Development Institute with extensive Graduate coursework in Public Administration and is a Certified Economic Developer. Mr. Whitney's business development experience in California, Colorado, Michigan and Missouri spans more than 25 years. His programs have facilitated more than $2.6 billion of capital investment creating thirty thousand (30,000) jobs in software engineering, financial services, manufacturing, food processing and logistics. LA QUINTA Economic Report, 2006 Compiled For Coachella Valley Economic Partnership By John E. Husing, Ph.D. Q October 1, 2006 Economics & Politics, Inc. 961 Creek View Lane Redlands, CA 92373 (909)307-9444 Phone (909) 748-0620 FAX john@johnhusing.com wwwjohnhusing.com F L'J 1 [1 1-J I u I La Quinta Report, 2006 Table of Contents Number Topic Page I I. Mmographics 4 II II. Employment 9 III M. Housing 17 IV IV. Taxable Sales 21 V V. Sa"g 25 VI VI. Assessed Valuation 27 VII VII. Crime hates 29 VIII VIII. Education 32 La Quinta Page 1 I La Quinta Report, 2006 Exhibit List Number Topic Page I. Demogritphics 1 Population Growth La Quinta, 1990-2006 4 2 Population Growth Rates La Quinta & Other Major Areas 2000-2006 4 3 Population By City, Coachella Valley Cities 2006 5 4 Population Growth By City,Coachella Valley Cities, 2000.2006 5 5 Age Distribution Number, La Quinta, 2006 6 6 Age Distribution La Quinta & Inland Empire, 2006 6 7 Ethnic Change, La Quinta, 2000-2005 7 8 Ethnic Composition, La Quinta, 2005 vs. 2000 7 9 Income Estimates La Quinta & Coachella Valley, 2005 8 10 Median Income By City, Coachella Valley Cities 2005 8 11 Total Income By City, Coachella Valley Cities 2005 9 II. Employment 12 Employment, La Quinta, 1991.2005 9 13 Employment Gain By Sector, La ma 1991-2005 10 14 Employment Growth Rates La Quinta & Inland Empire, 1991-2005 10 15 Em to meat Distribution By Sector, La Quinta, 2005 11 16 Employment Distribution By Sector, La Quinta,1991 11 17 Payroll, La Quinta, 1991-2005 12 18 Payroll Growth Allowing For Inflation, La Quinta, 1991-2005 12 19 Payroll Gain By Sector La Quinta, 1991-2005 13 20 Payroll Per Job La Ouinta,1991-2005 13 21 Growth in Average Pay Per Worker Allowing For Inflation, La Quinta, 1991-2005 14 22 1 Average Pay Per Job By Sector La Quinta, 2005 14 23 Number of Firms, La Quinta, 1991-2005 15 24 Distribution of Firms By Sector La Quinta, 2005 15 25 Workers Per Firms, La Quinta, 1991.2005 16 26 Employment of Residents by Occupation, Palm Springs USD & Inland Empire 2005 16 III. Homing 27 Existing Home Sales, La Quinta, Annual 1988-2005 17 28 Existing Home Sales Coachella Valley Cities 2005 17 29 New Home Sales La Quinta, Annual 1988-2005 18 30 New Home Sales, Coachella Valley Cities 2005 18 31 Existing Home Price Trend La Quinta, 1988-2006 19 32 Existing Home Prices Coachella Valley Cities & So. Calif. Counties, 2006 19 33 New Home Price Trend, La Quinta, 1988-2006 20 34 New Home Prices Coachella Valley Cities & So. Calif. Counties 2006 20 IV. Taxable Sales 35 Taxable Retail Sales La Quinta, 1990-2005 21 36 Taxable Sales Growth, La Quinta & Coachella Valle 1990-2005 21 37 Retail Sales By City,Coachella Valley Cities 2005 22 38 Retail Sales Growth & Growth Rates By City, Coachella Valley Cities 2004-2005 22 39 Retail Sales Per Capita, La Quinta & Coachella Valle 1990.2005 23 40 Retail Sales Per Capita, Coachella Valley Cities & Major Inland Cities 2005 23 41 Taxable Retail Trade by Sector La Quinta, 2005 24 42 Retail Trade By Sector, Growth Rate, Share of Gain, La Quints 2004.2005 1 24 1 La Quinta Page 2 La Quinta Report, 2006 Exhibit List Number Topic Page V. Bankut 43 Bank De sits La Quinta, 1992-2005 25 44 Bank Deposits by City, Coachella Valley Cities & Major Inland Cities 2005 25 45 Per Capita Bank Deposits, La Quinta, 1992-2005 26 46 Per Capita Bank Deposits, Coachella Valley Cities & Major Inland Cities 2005 26 VI. Assessed Valuation 47 Assessed Valuation La Quinta, 1990.2006 27 48 Assessed Valuation Growth La Quinta & Coachella Valley Cities 1990-2006 27 49 Assessed Valuation by City, Coachella Valley Cities 2006 28 50 Assessed Valuation Per Capita, La Quinta, 2000-2006 28 51 Assessed Valuation Per Capita, Riverside County Cities 2006 29 VII. Crime hates 52 Reported Crime Rate Per 1,000 Residents La Quints, 1993.2005 29 53 Total Crime Report per 1000 Residents Coachella Valley Cities 2005 30 54 Violent Crime Reported Per 1,000 Residents Coachella Valley Cities, 2005 30 55 Property Crime Reported Per 1000 Residents Coachella Valley Cities, 2005 31 56 Types of Crime Reported, La Quinta, 2005 31 VIII. Education 57 Academic Performance Index Elementary Grades, Coachella Valley Districts 2006 32 58 Academic Performance Index Middle Grades Coachella Valley Districts 2006 33 59 Academic Performance Index High School Grades, Coachella Valley Districts 2006 34 60 UCICSU Course Completion, Riverside Count School Districts Class of 2005 35 61 Scholastic Assessment Test Scores, Riverside County School Districts Class of 2005 35 F F 13 ' La Quinta rasc 1 1 La Quinta Report, 2006 By John E. Husing, Ph.D. 1 I. Demographics F l 1 1 ; Exhibit liJ-P'opulation Growth La Quinta, 1990-2006 2000-2006 Up 14,646 or 61.8/'. 36,340 36,377 33,099 30,844 28,867 28,082 23,694 17,400 18,650 19,650 20,800 12,800 14,400 15,[00 15,900 18,600 11,216 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Source: CA Department of Finance • From 2000-2006, La Quinta's population increased from 23,694to 38,340. This was a gain of 14,646 people (61.8%) in just six years (Exhibit 1). • With available residential sites an issue, La Quinta's 61.8% increase in population from 2000-2006 was far more than the Coachella Valley (28.3%), the surrounding Inland Empire (21.2%), California (9.7%) and the U.S. (6.6%) (Exhibit 2). 2.-Population Growth Rates �JExhibit '. Quinta & Other Major Areas! 2000-2006 La Qmma Coachella Valley Inland Empire California Ins Angeles U S Now Assumes Coachella Valley wincorpo aged grows at 18.6% of city growth rate Sours CADpv M of F,wacc. U S Ccmus B=w 14 1 La Quinta .-I-- �I F ■'f IJ i 1 Indio 71,554 Cathedral Cdy 51,001 Palm Desert 49,539 Palm Springs 46,437 IaQuinta ��36,340 Coachella 35,207 Desert Hot Spr. 22,011 Rancho Mirage 16,672 Indian Wells 114,86S So—' CA Drymtment of Finanae. U S Census B.. • In 2006, La Quinta was the fifth largest community in the Coachella Valley with 38,340 people, behind Indio (71,654), Cathedral City (51,081), Palm Desert (49,539) and Palm Springs (46,437) (Exhibit 3). The next largest city was Coachella (35,207). • From 2000-2006, La Quinta (14,646) had the second largest gain in new residents among the Coachella Valley's nine cities (Exhibit 4). Indio (22,538) added more people. Coachella (12,483) and Cathedral City (8,434) had the next two largest gains. Coachella Valley Cities, 11r 00. Indio 22,538 La Quints 14,6" T"Im Coachella 12,483 Cadedral City 8,434 Palm Desert 8,384 Desert Hot Spar. 5,429 Palm Springs 3,632 Rancho Mirage 3,423 Indian Wells 1, 449 Source CA Depmrmcnt of Fm•we. U.S Cemue Butenu 15 1 La Quinta " Exhibii .- Distrjbution, Number 0 11a 5,950 5,793 5,585 4,997 4,564 4,496 3,387 110111 1,66.9 hl 0-9 10-19 20-24 25-34 35-44 45-54 55-64 65-74 75 & Up Source. Amercian Community Survey and DB Demographic Consulting, 2005 La Quinta's housing boom has been largely fueled by baby boomer adults scattered through three age groups. In 2005, its largest population group was adults 35-44 including the youngest boomers (5,950; 15.5%). The next largest group of adults were the 45-54 boomer group (4,997; 13%). The 55-64 age group (4,496; 11.7% which includes the oldest baby boomers, was disproportionately large compared to the Inland Empire (7.9%). La Quinta does have its share of older people with an unusually large share of 64-75 years olds compared to the inland counties (8.8% v. 5.0%). La Quinta's 10-19 year olds were its second largest group (5,793; 15.1 %), with its 0-9 year olds ranked the third largest (5,585; 14.6%). Exhibit 6!-Age Distribution La Quintal&' Inland Empire, 2006I 0-9 10-19 20-24 25-34 35-44 45-54 55-64 65-74 Ovu 75 Source Amomout Community Survey and DB Demographic Consulting, 2005 La Quinta Page 6 White Hispanic Black Indian Asian Pacific other MU16 Total Source: U S. Census, 2000; Amencan Community Survey & DB Consulting, 2005 • From 2000-2005, La Quinta added 25,845 people. Of these, the largest gain was estimated to have been 12,593 among Whites or 48.7% (Exhibit 7). • Hispanics accounted for 11,513 of La Quinta's population increase or 44.5%. All other groups represented 1,740 or 6.7 %. • As a result of these changes, from 2000-2005, the share of La Quinta's population that is White is estimated to have gone from 62.9% to 55.5%. The Hispanic population grew from 32.0% to 38.5% (Exhibit 8). • By comparison in 2005, Whites made up 46.9% of the Coachella Valley's population (not shown) and Hispanics represented 45.4%. U L L ILa Quinta 2005 Black Indian 729 251 1.5% 0.5% Multi Pacific 844 52 1.7% 1 0.1 Asian Other 1,058 I 24 2.1% 0.0% Hispanic nh- 19,097 — White 38.5 % 27,486 55.5 % 2000 Black Indian 296 95 1.2% 0.4% Multi Pacific 395 19 1.7% 1 Asian I Other 401 11 1.7% 1 0.0% H7,584 e N ,584 _ 32.0 S., U S Ceases, 2000, American Covwmity Survey & DB Consulting, 2005 White 14,893 62.9% rage s 17 La Qumta ❑Coachella Valley $94,562 $71,437L$29,54 ion $61,781 $45,413 $33,122 Medium Income Average Household Income Per Capita Income Toml Income Sources U S Census 2000; Amencan Community Survey and Econorucs & Polnms, Inc, 2005 • In 2005, it is estimated that La Quinta's total income was $1.3 billion. That was 13.4% of the $9.4 billion in total income of the Coachella Valley (Exhibit 9). • La Quinta's median income ($61,781) was above the regional figure of $45,413. Its average household income ($94,562) was much higher than the $71,437 for the Coachella Valley. Its per capita income of $33,122 was also above the valley's average ($29,540). • La Quinta's median income of $61,781 ranked third in the wide variation found among the Coachella Valley's communities. The range was from $110,770 in Indian Wells to $28,776 in Desert Hot Springs (Exhibit 10). 10.-Medi Co9chella''Valley an I ncoine. Cities, 11 $110,770 $721356 $61781 $53,670 Mall $43 819 $40,060 $30,878 531,993 $28,778 ab``' 4 Sources: U.S. Census 2000; American Community Survey and Economics & Politics, Inc., 2005 La QWnta Page 8 H I C� Palm Desert Palm Sprigs IaQuinm Rancho Mirage Indio Cathedral City Indian Wells Dsrt Hot Spr. Coachella - $1,494,634,888 POW $1,269,878,710 . $1,222,549,089 $1,135,808,267 $1,021,451,741 . $463,281,419 $309,835,347 $298,207,887 $2,066,437,521 Sources: U.S Census 2000, American Community Survey and Economics & Pohbcs, Inc., 2005 • In 2005, La Quinta had the third highest total income in the Coachella Valley at $1.3 billion (Exhibit 11). Palm Desert led the valley ($2.1 billion) followed by Palm Springs ($1.5 billion). The fourth ranked city was Rancho Mirage ($1.2 billion). II. Employment Exhibit 12.-Employment • r1 1997-2005 11,534 Up 5,274 or 84.3% 10,136 7,207 7,3311 7,766 8,194 11 6 259 6 734 5 822 1997 1998 1999 2000 2001 2002 2003 2004 2005 Source. CA Employment Development Department • From 1997-2005 La Quinta's employment nearly doubled from 6,259 to 11,534. • The city had again of 5,274 jobs or 84.3% (Exhibit 12). • Since 1999, the city's employment has grown in every year. The growth was modest through 2003, after which the economy began to catch up with the city's rapidly growing population. 19 L9 Quint6 Exhibit 3.-E i.. yment Gain By Sector I La Quinta, 005 2,"1 1,577 691 411 387 153 122 76 68 (660) �• 4Y c' � OO \ � o ems' p� Swo c CA 2 pby cnt Dewbpm Dep W • From 1997-2005, La Quinta's retail sector added 2,441 new jobs or 46.3% of its 5,274 new jobs (Exhibit 13). The hotel related engineering and management sector added 1,577 jobs or 29.9% while construction firms themselves ranked third, adding 691 jobs or 13.1%. These three sectors accounted for 89.3% of the city's total job increase from 1997-2005. • Historically, when a city experiences rapid population growth, the population serving sectors that will take care of its residents start growing and that has occurred in La Quinta. Since 2002, the city has added jobs much faster than the Inland Empire, California's fastest growing major area. hi 2002, the city's growth rate was 5.8% v. the region's 3.2%. It was 5.5% v. 3.3% in 2003 (Exhibit 14). An accelerated 23.7% v. 5.3% in 2004 and 13.8% v. 4.8% in 2005. Exhibit oyrnent Growth Rates . 0p LaQ M ❑ Ialend Empve 23.7% 15.7% 13.6% 6.3% 7.0% 5.2% 5.8 % 5.6% 5.3% 4.6% 4.7% 4.0% 3.2,Y. 3.3% .7.0% 1998 1999 2" 2001 2002 2003 2004 2005 Source. CA Empby M"bpmem Depanmem La Quinta Page 10 Exhibit 15.-Employm,ent Distribution �By Sector La P 2005 Business Services 253 2.2% Fin., ins., R. Est. Agriculture 267 180 2.3% 1.6% Mfg. & Distribute Health Services 440 l 165 3.6 % 1.4 Construction 1 Retail Trade 1 ,049 -\ 3,692 9.1 % 32.0% Gov't/Edue/Util J 1,378 11.9% Eng. & Mgmt HoteltActuse/Oth. Sm. 1,631 2,481 14.1% 21.5% Source: CA Employment Development Department • La Quinta's general economic expansion from 1997-2005 was accompanied by an increase in the diversity of its economy. In 1997, the city's largest sector, by far, was its hotel, amusement and other services group at 37.2% of jobs. Despite growing, this was down to 21.5% by 2005 (Exhibits 15-16). With urbanization, the agricultural sector declined from 13.3% to just 1.6% of workers. Similarly, the government, education and utility group went from 15.4% to 11.9% of jobs. • Meanwhile, consistent with the city's growing population, its retail sector increased strongly from 20.0% in 1997 to 32.0% in 2005 as the economy began to catch up to its population. Engineering and management went from 0.9% to 14.1% due to management groups associated with the hotel industry. . .. La P Business Services Health Services 131 90 2.1% 1.4% Fin., Ios., R Est. Eng. & Mgmt 199 54 3.2% 0.9% Mfg. & Distribute Construction 53 359 5.7% % HoteUAmuse/Oth. Serv. Agriculture 2,328 830 1;1,250 37.2% 13.3 % Gov't/Educ/Utd 967 15.4% Trade 20.0% Sauce. CA Employment Deve10P=a1 Department 0 La Quinta Page 11 1 IJ U L 1 1997 1998 1999 2000 2001 2002 2003 2004 2005 Source CA Employment Development Department • From 1997-2005, the total payroll released by La Quinta's firms and agencies far more than doubled in just eight years, going from $147 million to $387 million (Exhibit 17). • The gain in La Quinta's payroll from 1997-2005 was $240 million or 163.0%. • Of this $240 million gain in payroll, $38 million was needed by workers to make up for the 26.2% increase in Southern California's prices that occurred from 1997-2005. When this was deducted, La Quinta still saw the purchasing power of its local payrolls increased by $201 million or 136.8% (Exhibit 18). Nommal Growth Inflation Purchasing Power Growth Source: CA Employment Development Department 1 La Qainta ` � �� u`` Pc `�° c°5 �° \�N ,ilea �P b° tC � F% c° �4 ,MCA �O� Loo� �,9 a �O P Smem CAE pby en?Devebpman D,p M • From 1997-2005, the largest share of the $240 million increase in the La Quinta payrolls was a $64.2 million gain in the retail trade group (26.85% of gain) (Exhibit 19). • Engineering and management firms accounted for the second greatest share of the gain (26.3%) as payrolls increased $63.0 million due to its hotel related activities. Payroll in the government, education and utility sectors grew $34.0 million or 11.6% of the increase. These three sectors were responsible for 67.3% of the new payroll released in the city. • In 1997, the average pay per job in La Quinta was $23,489. By 2005, this had reached $33,524, well above the $29,831 average pay level for the full Coachella Valley. It was an increase of $10,035 or 42.7% (Exhibit 20). $30,001 1997 1998 1999 2000 2001 2002 2003 Source: CA Employment Development Department ILa Quinta 2004 2005 2 M Page 13 Nominal Growth Inflation Purchasing Power Growth Source: CA Employment Development Department • While La Quinta's average pay per worker grew by $10,035 or 42.7% from 1997-2005, $6,148 of the gain was needed to keep up with the 26.2% gain in Southern California's prices. Thus, the average worker's purchasing power rose $3,887 or 16.6% (Exhibit 21). • In 2005, La Qunita's highest paying sector was manufacturing and distribution ($65,622). This was followed by the government, education and utility group ($50,954) and health services ($49,953). Finance, insurance & real estate ($45,300) and engineering/management ($40,108) also had average pay levels above $40,000. • The lowest paying sectors were rapidly growing retail trade ($23,104), the shrinking and agricultural group ($23,417) and the hotel, amusement and other services group ($28,087) (Exhibit 22). Souecc CAE plo,ncntlbvelopmcntl%pm=nt La Quanta Page 14 Exh6tr of Firms La Qu,inta, 00 5-0 .8% U47 5 392 451 478 524 230 261 302 298 1997 1998 1999 2000 2001 2002 2003 2004 2005 Source: CA Employment Development Department • The number of firms in La Quinta has risen consistently from 1997-2005, more than doubling from 230 firms to 524, a gain of 294 companies or 127.8% (Exhibit 23). These numbers should be viewed as long-term "general trend" data not "exact" data as they do not include entrepreneurs with no payroll. For this reason, small upward or downward fluctuations from year to year are not significant as they generally involve very small firms switching from pure entrepreneurs to employers of one or two workers. • In 2005, the largest number of firms were in retailing (105, 19.9%), construction (91, 17.3%), hotel, amusement and other services (84, 13.8%) and finance, insurance and real estate (77, 14.6%). (Exhibit 24). This distribution is indicative of a rapidly growing economy needing firms to support that expansion, but one with an existing tourism base. Exhibit 24.-bistrib Ultion of Firms By Sector Lai'Quinta, 2005 Agriculture 16 Health Services 3.1 % 30 Gov't/Edudl7N 5ute 1 12 Mtg. & Distribute 2.3% 31 Retail Trade I I 5.9% 105 Business Services 19.9% 38 7.2% Eng. & Mgmt Construction 43 91 8.1 % 17.3% 11n., Ins., RjEsL 77HotellAmose/Ofh. Se". 14.6% 84 16.0% Source: CA Employment Development Department La Quinta Page 15 1997 1998 1999 2000 2001 2002 2003 2004 2005 Source: CA Employment Development Department • In 1997, the average number of workers in La Quinta's firms was 27.2. Since then, the expansion of the city's economy has broadened adding numerous smaller firms. This has gradually brought down the average number of workers per firm. The low was 18.2 in 2003. Since then, the average has jumped up to 22.0 in 2005 (Exhibit 25). • La Quinta's firms are above average in size for the Coachella Valley where the average is 16.2 workers. • In 2005, workers living in the Desert Sands School District, of which La Qunita is a part, are much more concentrated in services occupations (22.5% v. 15.9%) than the Inland Empire generally. They are much less concentrated in the blue collar occupations (6.3% v. 14.3%) or unemployed (4.5% v. 7.3%) (Exhibit 26). Z IS La Quinta Page 16 III. Housing sting Home 00 1,360 1,078 1,109 860 698 742 719 68g 705 668 599 640 640 574 $20 570 402 434 4WD Qi le 10110 10 Source: Dataqumk La Quinta's existing home sales reached 719 units in 1997, just below the 742 high of 1990. Sales then tapered off but returned to 705 units by 2001. They then accelerated to 1,360 in 2004 (Exhibit 27). Volume slowed to 1,109 units in 2005 likely due to the impact of rising prices. • hi 2005, La Quinta's 1,109 existing homes sales were the second highest in the Coachella Valley after Palm Desert (1,201). The next highest sales were in Cathedral City (1,004) and La Quinta (997) (Exhibit 28). The lowest existing home sales were in Indian Wells (186) and Coachella (162). Home Sal les Coachella Valley Cities. 00 Palm Desert 1,201 La Quinta / 1,109 Cathedral City 1,004 Palm Springs 997 Indio 973 Desert Hot Spr. 698 Rancho Mirage 364 Indian Wells 166 Coachella 162 Source: Dataquick n y G... i La Quinta Page 17 Exhibit La P Home Sales 11 815 824 786 677 575 558 563 384 298 273 299 302 232 223 189 116 136 141 11 c5`Y1 Q' Idd'"' ,A rye 41 41 41 le le le 10 10 1N^ 10 1Ri Source: Daataquick • After soaring to a record 815 sales in 2000, La Quinta's new home volume dropped to 558 units in 2001 with the U.S. recession. The city's new home market recovered to 824 sales by 2004 before dropping back to 786 in 2005 (Exhibit 29). It is likely that high prices affected the 2005 volume. • La Quints is one the Coachella Valley cities with room to grow. Thus in 2005, the city's 786 new home sales ranked third in the Coachella Valley. The other land rich cites joined La Quinta in leading the valley: Indio (1,750) and Desert Hot Springs (949) added more homes; Coachella (552) added less (Exhibit 30). MORRIS 11 Indio 1,750 Desert Hot Spr. 949 La Qmnta 766 Coachella 552 Palm Springs 426 Rancho Mirage 404 Palm Desert 308 Cathedral City 222 Indian Wells 93 Source: Dataquick 1 La Quiuta rage 15 Exhibit 31, is . Home Price r1. Trend 2005 to 2nd Qtr. 2006 C n Prices Up $55,270 or 12.2% o C O nNb H O p �+r A t= N N a a m N f'n9 lm0 M !7 W N H M ~ ,0 tio, tip' 4 e 4? times ,0 ,e ,0 �� Source. Dataquick • La Quinta's median existing home price reached a record high in second quarter 2006 of $507,500, up $55,270 or 12.2% from the median price of all existing homes sold in 2005 (Exhibit 31). • La Quinta's existing homes are moderately expensive by Coachella Valley and Southern California's standards. In 2nd quarter of 2006, its $507,500 median price ranked fifth in the valley. The price was below that of Palm Desert ($520,359) and ranked above Cathedral City ($380,000) (Exhibit 32). • The city's median existing home price (half above and below) was higher than that for San Bernardino ($360,000) and Riverside ($409,000) counties. It was below those of Orange ($700,000), San Diego ($564,000) and Los Angeles ($545,000) counties. Indian Wells Rancho Mirage Orange Co. San Diego Co. Palm Springs Los Angeles Co. Palm Desert La Quinta Riverside Co Cathedral City Indio San Bernardino Co. Coachella Desert Hot Spr. Yucca Valley La Quints $790,000 $700,000 —-1$504,000 $561,915 $546,000 — $520,359 / /Oe $607,500 3409,000 — $380,000 — $365,085 $360,000 $308,000 $262,946 $1,068,000 Source: Dataquick r1� Page 19 2005 to 2nd Qtr. 2005 Prices Up $113,894 or 15.6% q H m N N ey p^ M s0 C N 10, Source Dataquutk I +Y ^r • La Quinta's median new home price went up to a record high of $310,733 in 2000. From there, price accelerated to a record of $842,454 by second quarter 2006. That was $113,894 or 15.6% above the median price ($728,560) of all units sold in 2005 (Exhibit 33). • La Quinta's new homes are now in the upper price range by Coachella Valley and Southern California's standards. In 2"d quarter of 2006, its $842,454 median price ranked second in the valley below Indian Wells ($1,153,500) and ahead of Rancho Mirage ($686,000) (Exhibit 34). The city's new home market appears to be responding to an increasing demand for housing by older baby boomers beginning to seek their retirement homes. • The city's new homes are expensive for Southern California. Its 2006 median price was above Orange ($719,000), Los Angeles ($475,000), Riverside ($439,500), San Diego ($431,000) and San Bernardino ($386,500) counties. Exhibit 34'.-New Home Prices . Otr. 2006 led.. Well, $1,163,500 La Qu.0 // orange Co. $719,000 Rancho Mirage $686,000 Pat. Desert $507,926 Cathedral City $492,500 Los Angeles Co. $475,000 R,ve,s,de Co $439,500 San Diego Co $431 ,000 Indio $425,600 San Bernardino Co. $386,500 Coachella $373,500 Pal. Springs $347,235 Desert Hot Spr. $341,827 So.ce Datagmck Yucca Valley $278,600 La Quinta Page 20 S IV. Taxable Sales Exhibit La !.. - Quiln;ta, 1990 -2005 00r 2000 2005 Reta11 Salea Up $22A mHllon or 32.7% inflation: 17.7% a m u 'w N g "C r b N C Ct 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Source: CA Board of Equalization • La Quinta's retail sales grew to $68.6 million in 2000 but then slowed due to the dot.com bust and U.S. recession. From 2003-2005, the city's taxable sales moved aggressively to $91.0 million as numerous new outlets opened in response to its growing population. From 2000-2005, the city's sales rose $22.4 million or 32.7%. Growth was well above the 17.7% inflation rate indicating that the trade volume has grown (Exhibit 35). • Since 1992, La Quinta's retail trade had generally grown faster than the Coachella Valley as a whole, often by very wide margins (Exhibit 36). For instance, from 2003 to 2005, the city's sales gains of 30%, 20% and 13% were well above the Coachella Valley's 11%, 14% and 8%. Clearly, the city has been building a very significant retail trade sector. Exhibit •.- Sales Growth La • .. •00t 35 % 34% La Quetta ❑ Coachella Valley 32% 31% 20"/ 20% h20%15% 4L4%13%1%1211% 10% 8% 6% 5%6% 3/6 4-%3% 3% J/, 1% -5'^6 % 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Source. CA Board of Equalization La Quinta Page 21 Exhibit 37.-Ret6ii Sales By City 000 CoacilellaYalley Cities, 00 $1,526,951 $946,255 $792,906 $780,890 $660,808 $495,819 $248,827 $92,989 $901997 s�`,,o Source CA Board of Equaltanon • In 2005, La Quinta ($661 million) had the fifth highest retail sales in the Coachella Valley Desert. Palm Springs ($781 million) was just ahead and Rancho Mirage ($496 million) followed (Exhibit 37). • From 2004-2005, La Quinta added $77 million in retail sales, up 13.1% from the previous year. That was the second largest absolute gain in the Coachella Valley below first ranked Palm Desert ($94 million). The city's growth rate ranked fourth after Indian Wells (23.3%), Coachella (19.1 %) and Desert Hot Springs (13.3%) (Exhibit 38). 000 .. �� 00 Palm Desert 6.5% La Quinta //// / $78,789 3.1 13.1% $58,279 Cathedral City 6% $54,962 Indio $39,973 2005 ❑ 2004-2005 Coachella 19.1% $33,499 Palm Springs .6 Rancho Miragefit996 % 17 181 Indian Wells 23.9% Desert Ho[ Spr 10 9� 13.3% Source CA Board of Equalization :32 OLa Quinta Page 22 4W uo4 417,5W 415.W9 112.5W 41u,Wo 47.5W 45.0W $2,500 4u 1 i 1 19W Uni 1992 1%3 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Source CABoardnt EquA=tmn • A key measure of prosperity is per capita taxable sales as it shows how well communities can finance services to each resident. From 2000-2005, La Quinta's per capita sales went from $12,777 to $17,688, up $4,911 or 38.4%. In this 5-year period, inflation was 17.7%. The city's 2005 sales per person was just below the $17,750 level for the Coachella Valley (Exhibit 39). By comparison, the rate for the Inland Empire was $14,814. • Among the Inland Empire's 48 cities, La Quinta ($30,806) was fifteenth in per capita sales. Montclair ($36,549) and Big Bear Lake ($31,514) led the region. The city ranked fifth in the Coachella Valley, above Palm Springs ($16,896) and next below Cathedral City ($18,547). Palm Desert ($30,806) led the valley (Exhibit 40). Exhibit ,4 00014 Coachella Valley Cities & Major Inliand Cities Momclam $36,549 Big Bear Lake $31,514 Palm Desml $30,806 Omim. $30,336 Raocho Mirage $29,076 TemecWa $29,448 Nmco $24,507 Vimmvale 523,366 Cmona $23,059 Chino 522,524 :---::$17,202 Barstow 1$20,812 Colron 8,846 Indian wens 0,811 CaBm $ La Quince a Qum 8647 $88 Riverside 2Palm Sprmgs OTHER CITIES Indm $11,467 Coachelia 57,521 SourceCA Board of Equalization Desm Hot Spr. $4,479 vLa Quinta 33 Page 23 LalQuinta, 2005 Gen. Mrchdse $141,4 44 21.4% Automotive $137,698 20.6% Bldg Material $114,037 17.3% Non -Retail $82,7301 12.5 % Restaurants $69,0801 10.6% Other retail $41,303 6.3 % Service Stations $33,455 5.1% Fond $32,127 4.96/6 Furniture , 80 0.9% Apparel k118 0.3% Source. 2005 volume woh 2004 Shares Source: CA Board of Equalization • In 2005, La Quinta's general merchandise stores led its estimated sales with volume of $141.5 million (using 2004 shares). That would be 21.4% of its total of $660 million (Exhibit 41). Second were sales in automotive outlets. They were estimated at $137.6 million in sales or 20.8%. Third was the sales among building materials stores. Their estimate was $114.0 million or 17.3%. These top three sectors were estimated at 59.5% of the city's volume. • Full year sales data were available for 2003-2004. La Quinta's taxable sales rose $136 million (30.4%). General merchandisers had the biggest share of the gain (up $68 million; 49.9% share). They were followed by building materials (up $21 million; 15.8% share) and automotive stores ($20 million; 14.5% share) (Exhibit 42). Sales weaken in the apparel area (-$118,000) and other retail (-$2.3 million). Exhibit 42.-IRe'tail Trade By Sector, Growth Rate, Share of Gain' ii $$ $$ $6$ Sector 2003 2004 Growth Rate Gain f3aln Fare Apparel $1,990 $1,872 -5.9% ($118) -0.1% General Merchandise $57,041 $125,029 119.2 % $67,988 49.9% Food $26,116 $28,395 8.7% $2,279 1.7% Restaurants $46,734 $61,770 32.2% $15,036 11.00% Furniture & Appliance $3,554 $5,374 51.2% $1,820 1.3% Building Materials $79,321 $100,789 27.1% $21,468 15.8% Automotive $101,844 $121,611 19.4% $19,767 14.50% Service Stations $21,459 $29,568 37.8% $8,109 6.00/6 other retail $38,807 $36,505 -5.9% ($2,302) Tote! ReteO $"$,we $510,913 35.6% $134,047 98.4% Non -Retail $71,011 $73,126 3.0% $2,115 1.6% Taxable Sales $447,11" $564,038 30,4% $436,1621 100.0% Source: CA Board of Equalization 34 eLa Quinta Page 24 V. Banking Exhibit nkDeposits 00 000 1992-2oa5 Up $439 million or 799, aW4 e e as N» qH [qV ry q ,my, m ri 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Source HighLme Data • Total deposits in La Quinta's financial institutions rose from $54.8 million in 1992 to a record $494 million in 2005, a gain of $439 million or 799.5% (Exhibit 43). As the city's banking sector was created. This was far above the 109.0% gain in the Coachella Valley. • In 2005, La Quinta's $494 million in financial deposits ranked fourth in the Coachella Valley and 20th among the Inland Empire's 48 cities. Riverside ($4.6 billion) and San Bernardino ($2.9 billion) led the region. In the valley, deposits in Palm Springs ($1.5 million) and Indio ($762 million) were next above the city. Rancho Mirage ($464 million) was just behind it (Exhibit 44). 'Exhibit 44.-Bank Deposits by City Coachella Valle i yl�Cities & Major Inland C ities, 11 Riverside $4,631,286 San BernardinoP$62$446 $2,906,024 Palm Desert$1,949,489 Hemet$1,770,039 Redlands$1,731,128 Temecula$1,886,798 Ontario$19645,283 Corona$1,594,397 Rancho Cucamonga$1,688,053 Pahn Springs$1,512,761 Chino$1,486,138 OTHER CITIES: Indio$781,848 La Quetta549 , Rancho Mirage06 Indian Wells Desert Hot Spr. Source: Highl.ine Data Cathedral City Coachella �J La Qointa Page 25 Exhibit- .-..is 'La Ouinta, 1992-2005 1 1992-2006 Up $9,491 Or 265.1 % $13,211 $9,519 $3,570 53,525 E3,858 S3,B88 53,720 $3,530 tit" 1992 1993 1994 1995 1996 1997 1998 1999 20M 2001 2002 2003 2004 2005 Source Highl-ine Data La Quinta's financial deposits per capita fell from $3,720 in 1992 to $3,530 in 1996. They then began growing, ultimately accelerating to a record of $13,211 in 2005. For the 1992- 2005 period, deposits per person are up by $9,491 or 255.1% (Exhibit 45). The fluctuations were caused by the post -Cold War recession in the early 199Os and a long period when consumers began relying more heavily on money market funds for checking accounts and mutual funds for savings. Since 2000, the city's deposits per capita have strengthened with the openings of several new banks plus the Coachella Valley's economic growth. In 2005, La Quinta ranked eighteenth in per capita deposits ($13,211) in the Inland Empire and fifth within the Coachella Valley (Exhibit 46). Rancho Mirage was the next highest ($27,965). Desert Hot Springs was the next lowest ($12,136). The city's level was above Riverside County ($10,635). Exhibit Deposits -I Valley Cities & Major Inland Cities, rr Indian We0s S82.967 Palm Desert $39,330 Big Bear Lake $37,247 Palm Springs $32,731 Rancho Mirage Sn,965 Calimesa $27,652 Hemet $25 950 Redlands $24,465 Yucca Valley $2INS Temecula $19,185 Upland $19,123 Chino $19,055 Riverside $16,105 San Bernardino $14,939 Banning $14,405 Victorville 114,111 Loma Linda 13,2111 La Qumta $$13,88 Desert Ha Sprott $12,136 Indio $11,025 OTHER CITIES: Source HighLme Data Cathedral City $4,291 Coachella $1.887 Jr La Qainta Page 26 VI. Assessed Valuation 2000-2006 A•••e•ad Valuation Growth $6.8 billion or 217.40/6 inflation: 23.6°k $3,143 $1,656 $1,926 $2,024 $2,036 $2,325 $2,644 — _ $1,270 $9,976 $7,814 $6,269 $6,358 $4,572 $3,768 _ ■ 111 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Soace: Rrvers,de Cowry Assessors Office • Consistent with La Quinta's expanding prosperity, its assessed valuation has accelerated year after year, particularly since 2000. From 2000-2006 alone, the city's valuation more than tripled from $3.1 billion to $9.9 billion, a gain of $6.8 billion or 217.4% (Exhibit 47). Inflation was 23.6% in this 6-year period. • La Quinta's assessed valuation has grown much faster than the rapidly growing Coachella Valley in nearly every year from 1990-2006. Since 2000, its aggressive growth rates have been particularly evident. This has been caused by the rapid expansion of its housing stock and commercial centers (Exhibit 48). In 2005-2006, the city's 25% and 28% gains in valuation occurred when the valley's overall assessed valuation increased 19% and 21%. Exhibit 148.-Al sislessed Valuation Growth La • 9 r0 30' ®U Quetta ❑ co-wla valley 26% 25% 24% 21% 1% 17% 17% 3% 14% 3% 2% 12% 2% 0% 6% 6%6% 5% ]% 6% 7% 4% 4% 2% 2% 1%0% -0% 1990 1991 1992 1993 1994 1991 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Sours: R.Coady Assessors Office La Quinta Page 27 Exhibit 49.-Assessed Valuation By City (billions) Coachella Valley Cities, July 1, 2006 $10.0 $8.5 B Palm Deswt Iu Qunna Palm S,Mu R.Io Muuge Ww Wan wens Cathedral Cuy aKn Hot S, Coachella Sour« Rtvaside CountyAssessors Off. • In July 2006, La Quinta's $10 billion in assessed valuation was second among the Coachella Valley's nine cities. The valuation in Palm Desert ($11.8 billion) was the highest. The city was ahead of Palm Springs ($8.5 billion) and Rancho Mirage ($7.0 billion) (Exhibit 49). • Assessed valuation per capita is another measure of a community's ability to finance governmental services for each resident. From 2000-2006, this measure rose 96.1% or $127,523 in La Quinta from $132,666 to $260,189 per person (Exhibit 50). Again, inflation rose just 23.6% in this 6-year period. Exhibit 56.1-per Capita Assessed Valuation Ouinta, 1990-2006 Assessed Value Per Capita, $260,189 2000.2006 bas Assn by 5127,523 or 96.1% Intladon: 23.6% $214,802 $169,413 $15a,2]0 $144,396 $121,132$132,666 $123.049$121,118 $121,931 $123,205$122,276 $11 ],665$118,918 $113,284 I],019$11 1990 1991 1992 1993 1990 1995 1996 1997 1998 1999 2000 2W1 21102 2W3 2IX 2W5 2" Source Rrversxie County Assessor's Office La Quinta Page 28 Riverside,�County's Cities, July 2006 Indian Wells $874,583 Rancho Mirage $420,834 IaQnmm////// %///L/ $260,189 Palm Desert $238,077 Patin Springs $182,197 Canyon lake $140,278 Temecula $124,033 Mumleta $118,205 Norco $115,591 Corona $108,825 Beaumont $101,677 lake Elsinore $88,670 Penis $82,130 San Jacinto $80,010 Desert Hol Springs $77,077 IMio $77,016 Calimesa $76,291 Cathedral City $74,187 Riverside $72,426 Hemet $68,036 Banning $65,755 Moreno Valley $64,275 Coachella $42,908 Blythe $39,539 Source: Rivemde County AssessoYs Office o In July 2006, La Quints had the third highest assessed valuation per capita in the Coachella Valley and third highest of the 24 cities in Riverside County at $260,189 (Exhibit 51). hi the valley, Indian Wells ($874,583) was the highest, followed by Rancho Mirage ($420,934). The top five of Riverside County's 24 cities were all in the valley. VII. Crime Rates Elhibit ..1,000'Residents La Quinia, tt 1993-2005 Crinde Rate Per 1,000 Residents 692 70.3 Down-14.7% 67.0 Incidents up 1,132 (105.6%) Population up 21,859 (141.0%) 59.0 54.4 52A 52.5 47.6 47.1 46.3 91.7 41.7 i 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Source llndorm Cnme Report, FBI Crime rates in La Quinta are down from 1993. From 1993-2005, the number of incidents per 1,000 people fell from 69.2 to 59.0 incidents, a drop of 14.7% (Exhibit 52). This occurred as 1,132 more crimes were reported (105.6%) while population increased by 21,859 people (141.0%). However since 2003, the city's rate has been increasing. e.ft �J La Quinta Page 29 I I Exhibit 53.-Total'CrimL Reported Per 1.000 Residents Coalchpilai Valley Cities, 2005 Desert Hot Spr. 94.4 Palm Springs 75.5 Rancho Mirage 66.0 La Quints 59.0 Coachella Valley Cmes 57.6 Palm Desert 56.7 Indian Wells 52.9 Coachella 47.0 Indio 46.7 Cathedral City 45.7 Riverside County 43.7 S... Um.nn Cnme Report, FBI • By city, La Quinta's 59.0 crimes per 1000 people in 2005 ranked fourth highest in the Coachella Valley. Rancho Mirage's rate was the next highest at 66.0. The rate in Palm Desert was the next lowest 56.7 (Exhibit 53). • Total incidents averaged 43.7 per 1,000 Riverside County residents. It was 57.6 per 1,000 residents in the Coachella Valley generally. The valley's higher rate is largely due to property related incidents as it has large numbers of part-time homes and tourists. • La Quinta reported 3.4 violent crimes per 1,000 people rate in 2005. That ranked fourth lowest in the Coachella Valley, just below Indio's rate of 4.3 and above Palm Desert (2.9) (Exhibit 54). Riverside County's average was 4.5. The valley's average was 5.0. Exhibit 54.-Vi • Reported Per 1,000RCoiachella' 'Valley Cities, es idents Desert Hot Spr 12.3 Palm Springs 7.5 Coachella Valley Cities 5.0 Cathedral City 4.9 Coachella 4.7 Riverside County 4.5 Indio 4.3 La Qumta 3.4 Palm Desert 2.9 Rancho Mirage 2.5 Indian Wells 1.4 Source Un f. C e Report, FBI 10 La Quints Page 30 55.-Property Crime Cba,chelia'Valley Reported Per 111 Cities, 00 • .- Desert Hot Spr 82.0 Palm Springs 68.0 Rancho Muage 63.4 La Quinta 155.6 Palm Desert 53.8 Coachella Valley Cities J52.6 Indian Wells 51.5 Coachella 42.3 Indio 42.3 Cathedral City 0.7 Riverside CountyJgM.2 Source Umfmm Come Report, M • La Quinta's property crime rate in 2005 was 55.6 incidents per 1,000 people (Exhibit 55). This was the fifth lowest in the Coachella Valley. Palm Desert was the next lowest (53.8). Rancho Mirage was the next highest (63.4). The city's property crime was just higher than the Coachella Valley's average (52.6) but well above Riverside County (39.2). is In 2005, 94.2% of the 2,204 crimes committed in La Quinta were larceny thefts (1,290), burglaries (621), motor vehicles theft (164) and arson (1). Major violent crimes such as murder (0), rape (9) and aggravated assault (98) accounted for 5.8% of the city's crime (Exhibit 56). Exhibit 56--Types of Crime Reported I La Quinta, 2005 Of 2,204Incideme: 1290 VIOIW Crirne = 6.8% Pwilerty Crime = "2% 621 164 98 0 9 21 1 `�' e1`3 4oc•& ,b$S' FS ec� FoNtl¢4 �`aP4m N V' ,` c P$ 4P Source. Undorm Game Report F91 41 1 La Quinta Page 31 VIII. Education Exhibit .- .-Grades Coachella Valley ... 0ta Desert Sands 1999 200 593 5 2001 200 659 20033 701 2004731 708 2005 2006 754 2006-CA 751 Palm Springs 570 20 ro� 111111111111111597 2001 2002 825 2003 679 2004 800 2005 853 2006 674 2006-CA 751 Coacehlla Valley 1999 Some CA Department of Education 058 2000 2001 496 Rig751 2002 518 2003 563 2004 587 2005 576 2006 593 2006-CA • Each year, California students are tested in a variety of ways. From these various measures, an Academic Performance Index is calculated to allow districts to be compared to one another and illustrate how they are improving over time. • From 1999-2006, the Desert Sands Unified School District that serves La Quinta's students has increased its elementary school performance scores from an average of 593 to 754. They are now slightly higher than the 751 average for California (Exhibit 57). Students in the district scored the highest on the 2006 test among the three Coachella Valley Districts. • From 1999-2006, the Palm Springs School District's elementary students have increased their performance scores from 570 to 674. The district's scores have been roughly stationary since 2003 and are below the 751 average for California. • From 1999-2006, the Coachella Valley Unified School District's elementary students have increased their performance scores substantially from 400 to 593. While scores are improving, they remain well below the 751 average for California and the other two school districts in the valley. 42 La Quinta Page 32 Exhibitl,58.-Acaderni mance Index, Middle Grades C�oachella Valley School. 00. Desert Sands 1999 2000 666 682 666 44111111111111111 2001 2001 2003 629 2003 659 2004 676 2005 7 71 2006 2 2006-CA 715 Palm Spongy 111403 1999 551 2000 584 2001 582 2002 613 2003 632 2004 826 2005 845 2006 666 2006-CA 715 Cmehlla Valley y 199 493 Source CA Department of Edawoon 2000 2001 506 2002 537 2003 578 2004 54558 2005 2006 582 2006-CA 715 • From 1999-2006, the Desert Sands Unified School District that serves La Quinta's students has increased its middle school performance scores from an average of 598 to 712. In 2006, the district's students were just below the 715 average for California (Exhibit 58). Again, they had the Coachella Valley's highest average. • From 1999-2006, the Palm Springs Unified School District's middle school students have increased their performance scores from 551 to 666. While the district's scores have consistently improved, they remain below the 715 average for California. • From 1999-2006, the Coachella Valley Unified School District's students have increased their middle school performance scores from 403 to 582. While scores have improved substantially, they remain below the 715 average for California. r' La Quinta Page 33 .-School Coachella Valley ...2006 Desert Sands 2000 573 616 2001 595 2002 511 2003 641 2004 6� 2005 887 2006 699 2006-CA 580 Palm Springs 1999 532 2000 591 2001 582 2002 - 580 2003 599 2004 504 2005 89s 2006 550 2006-CA 16M Comehlla Valley 1999 401 2000 449 Source. CA Department of Education 2001 454 2002 471 2003 525 2004 1516 550 � 6 559 2006-CA 59U • From 1999-2006, the Desert Sands Unified School District that serves La Quinta's students has increased its hiahh school performance scores from an average of 573 to 699. In 2006, the district's students exceeded the 680 average for California as well as those of the Coachella Valley's other two districts (Exhibit 59). • From 1999-2006, the Palm Springs District's high school students have increased their performance scores from 532 to 650. While the district's scores are improving, they remain somewhat short of the 680 average for California. • From 1999-2006, the Coachella Valley Unified School District's students have increased their high school performance scores from 401 to 559. While scores are improving, they remain well below the 680 average for California. 44 La Quinta Page 34 Exhibit.� Completion Riverside County Schoolbistricts,11 Corona -Norco 37.0% Rr.e & Hemet 36.7% M.M Valley 35.21/6 Callforvu 35.21/6 Lake Elsinore 34.8% Rrversrde County 34.5% Temecula Valley 32.4% VW Verde 29.51/6 l Desert Sands rah 27.8.8% Palm Springs / 25.3% Palo Verde 25.3% Moreno Valley 22.91/6 Penis Una. 22.41/6 Alvord 20.9% Sanfacmto 19.9% Coachella valley Beaumont / / 16.2% 3.0%m Source CA Department of Education Barmg 1.8% • La Quinta's students are served by the Desert Sands Unified School District. Of the Class of 2005, 27.8% completed the courses required for University of California or California State University (Exhibit 60). The Riverside County average was 34.5%. The California average was 35.2%. Their rate was above the La Quinta (25.3%) and Coachella Valley (16.2%) districts. • Of the Desert Sands Unified School District seniors who took the 2005 Scholastic Assessment Test, the average score was 1,005. That was below the California average of 1,020, but above Riverside County's average of 965 (Exhibit 61). The district's students ranked first in the Coachella Valley. Exhibit 61.-Schol as tic As's6ssment Test Sc;ores Rrve,rsicle County SchoolDistricts,11 Temecula 1,033 Caldoreaa 11,020 Hemet 11,010 Murrreta 1,006 Desert sands '/ /// /// '/ ///// / / / / / // / // / /////// 1,005 Rr.nde 964 PalmSprmgs //// /// ////'/ / / /////// //// ////// /// / / / 976 Cmona-Norco 971 B unnont 966 Rrverode county 965 Penis Umov 957 Lake Elsinore 948 Palo Verde 925 Tampa 918 Alvmd 914 San lacwo 911 Moreno Valley 907 Val Verde 901 C.hella Valle, / / / //// // / // /////// / //////// /i 806 Source: CA Depamnent of FAucauon Bamung 804 La Quinta Page 35 WRITTEN CORRESPONDENCE ITEM: COACHELLA VALLEY ASSOCIATION of GOVERNMENTS FEB 15 �J DATE: February 15, 2007 GIV OF EA UWN FA TO: CITY MANAGERS _CITY MANAGER s b5T FROM: Katie Barrows, Environmental Resources Director RE: Membership in Energy Conservation Subcommittee of the Energy and Environment Committee The Executive Committee of CVAG approved formation of an Energy Conservation Subcommittee (ECS) under the Energy and Environment Committee at their meeting on January 29, 2007. The purpose for this subcommittee is to identify, initiate, and/or support energy conservation initiatives within the Coachella Valley and Palo Verde Valley to create annual action plans and a long-term strategic plan fostering a cultural change toward improved energy conservation and enhanced energy efficiency. Since that time, two informal meetings of the Energy Conservation Subcommittee have been held, on January 11, 2007 and February 1, 2007. A conceptual Energy Conservation Education and Information Plan has been prepared which describes the Subcommittee composition to include: A representative from each of the 10 cities; up to 2 voting representatives from the County; a representative from each of the three CVAG tribes; a representative from each utility provider servicing within the CVAG boundaries (electricity, gas, water); a representatives from a renewable energy production company, a representative from the Building Industry Association, and five members at large." At the Energy and Environment Committee meeting on February S, 2007, members of the committee asked that a member of the city council from each city be invited to attend the next meeting on Thursday, February 22, 2007 at 10 a.m. at CVAG. I am writing to ask that you inform your city council about this meeting and invite a city representative to attend. I have attached the agenda for the February 22 meeting and the minutes from the February 1 meeting which includes a list of attendees. This agenda is also being distributed to members of the Energy and Environment Committee and those city representatives who have already attended a subcommittee meeting. Thank you for your assistance in this matter. COACHELLA VALLEY ASSOCIATION of GOVERNMENTS ENERGY CONSERVATION SUBCOMMITTEE AGENDA CVAG CONFERENCE ROOM 73-710 FRED WARING DRIVE, SUITE 119 PALM DESERT, CALIFORNIA February 22, 2007 10:00 A.M. Call to Order by Chairman — Mayor Pro Tern Steve Pougnet, Palm Springs II. Piedae of Allegiance III. Welcome and Introductions - Mayor Pro Tem Steve Pougnet, Palm Springs IV. Energy Conservation Plan A. Action Plan for Calendar Year 2007 — short term 1. Best Practices Manual a. Request for information from subcommittee members b. Form working group C. Outline for Manual (distribute at meeting) d. Discussion of Local Energy Conservation programs i. Brief presentations by subcommittee members ➢ City of Palm Desert, Jim Ferguson ➢ City of Palm Springs, Steve Pougnet ➢ Southern California Edison, Lin Juniper ➢ Other subcommittee members 2. Energy and Conservation Fair update a. Working Group formed. Meetings 2/9/07, 2/16/07 b. Confirmed for College of the Desert Saturday April 21, and Sunday, April 22, 9 a.m. to 2 p.m. South Entrance (Street Fair in progress at same time) C. Request for lists of potential Fair participants d. Request for program advertising/marketing assistance ➢ City newsletters ➢ Schools, senior centers 3. Keynote Speaker at CVAG General Assembly a. Recommendation: Mike Peavey, PUC Chairman 4. Energy Conservation Policy Symposium a. Form Working Group i. Working group to meet with staff to develop budget, logistics, venue, dateltime b. Request for Speaker recommendations 47 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS B. Energy Conservation Strategic Plan — Long term 1. CVAG Budget Process — program goals developed in March 2007 a. Request for input at next meeting V. Committee Membership 1. Request by Energy and Environment Committee to solicit city appointees 2. Develop application process for members at large 2. Meeting date: 4"' Thursday at 10 a.m. VI. Approval of Minutes Refer to oases 3 - 7 Staff Recommendation: Approval. VII. Next MeetingTopics Vill. Adiourn Note: There are several upcoming conferences that may be of interest to subcommittee members. Each of these conferences has an energy conservation component: Going for the Green - Pathways to Sustainable Development, BIA and League of Cities, February 27, 2007, Corona, CA. Website: http:/Avww.biasc.org/article.dm?id=455 Green Califomia Summit & Exposition; dedicated to state and local government efforts to green the Golden State. March 13 -14, 2007, Sacramento, CA. Website: http://www.green-technology.om/images/registration brochure.pdf National Assoc. of Home Builders Green Building Conference, March 25-27, St. Louis, MO. Website: http://www.nahb.orc/meeting details aspx?meetinglD=3249&sectionlD=121 2 ITEM NO. Vim Minutes of February 1, 2007 Energy Conservation Subcommittee COACHELLA VALLEY ASSOCIATION of GOVERNMENTS ENERGY CONSERVATION SUBCOMMITTEE MINUTES OF THE MEETING FEBRUARY 1, 2007 CALL TO ORDER The February 1, 2007 Energy Conservation Subcommittee was called to order at 10:01 a.m. by Mayor Pro Tem Stephen Pougnet, Chairman, in CVAG's Conference Room #119, Palm Desert. PRESENT AT THE MEETING Fred Bell James Brownyard Buford Crites Kathy DeRosa Councilmember Jim Ferguson Councilmember Cindy Finerty Kay Hazen Mike Jaramillo Un Juniper Councilmember Tom Kirk Connor Umont John Nall Mayor Pro Tem Stephen Pougnet Mayor Pro Tem Mary Roche Pat Swarthout Jane Udall Mark Weber STAFF PRESENT John Wohtmuth Katie Barrows Joanna Stueckle PLEDGE OF ALLEGIANCE AGENCY BIA BIA Citizen Southern California Edison City of Palm Desert City of Palm Desert Citizen Ill) Energy Southern California Edison City of La Quinta Palm Desert Planning Commission Southern California Edison City of Palm Springs City of Indian Wells Southern California Gas Citizen IID Energy Chairman Pougnet led those present in the pledge of allegiance. 2. WELCOME AND INTRODUCTIONS Self introductions took place. John Wohlmuth announced that Katie Barrows was CVAG's newest staff member. As Director of Environmental Resources, Ms. Barrows will be working on the Energy Conservation Conceptual Plan as well as staffing the subcommittee. Mr. Wohtmuth indicated that Jim Sullivan is still on staff at CVAG and has now become the GIS Program Director. P3 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS 3. DISCUSSION OF MEMBERSHIP AND SUBCOMMITTEE MEETING SCHEDULE A. Membership Selection and Criteria Chairman Pougnet commented on the importance of accomplishing both items A and C which will discuss membership selection, criteria, and CVAG staff responsibilities. Mr. Wohlmuth reported that in the Conceptual Plan, staff attempted to identify members of the subcommittee for consideration. These include two members from the County, one representatives from each of the three Tribes, one representative from each of the cities, one representative from each utility (electric, gas, and water), one representative from a renewable energy company, one representative from the BIA, and five members at large. The names in the conceptual plan were identified because they attended the first meeting of the subcommittee. Mayor Pro Tem Roche, City of Indian Wells, indicated that there may be too many members. Mr. Wohlmuth reported that the CVAG Executive Committee had eighteen. Including each of the members Mr. Wohlmuth identified, there would be approximately 24. A discussion ensued regarding whether the utility companies should be voting members of the subcommittee. Mr. Wohlmuth reported that some of the policy committees at CVAG have non -voting ex-officio members, and that the policy committee, the Executive Committee, only has elected officials. Giving the example of CVAG'S Homelessness Committee, Mr. Wohlmuth reported that there were eight ex-officio members serving on this committee and one on the Transportation Committee from SunUne Transit Agency. Lin Juniper, Southern California Edison, stated that so many of the programs to be discussed by the subcommittee will be put together by the utility companies. It was stated that everything stemming from this subcommittee would go through the committee structure at CVAG. Mayor Pro Tem Roche discussed whether there may be undue influence by the utility companies. Mark Weber, IID Energy, stated that if the utility companies were going to be asked to contribute financially, the companies would want to have more than just a voice at the table. Mr. Weber indicated that the utility companies made up four of the 24 votes. Mayor Pro Tem Roche asked those participating in the discussion if the role of the utility companies would be more appropriate if they were considered consultants or staff. Patrick Swarthout indicated that if outside citizens were allowed a vote, the utility companies should also be allowed the opportunity to vote. Mr. Webber added that if the purpose of the subcommittee was to encourage full participation and financial support from the utilities, then voting rights will get people to the table. Mr. Wohlmuth reported that the Executive Committee indicated their desire to have representation by rate payers. Mr. Wohlmuth added that he saw the subcommittee as the body to implement the Conservation Plan. Larger policy issues will go.through the E & E and onto the Executive Committee, so anything controversial will go through the committee process here at CVAG as well. Chairman Pougnet reported that he thought it may be possible to attempt writing a model ordinance for the jurisdictions through this subcommittee as well as looking at potential legislative issues. COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Fred Bell, BIA, added the desire to have a real cross section of the community on the subcommittee. Mr. Wohimuth reported that there would be an application process, and staff would ask the jurisdictions to put information regarding this subcommittee in their newsletters seeking interested residents. Chairman Pougnet suggested that the cities be contacted regarding their newsletters as well as assigning a member to the subcommittee. Ms. Juniper asked what type of altemative energy company would be sought for membership. Potentially, solar, geothermal, or wind energy companies would qualify, however Ms. Juniper added that if vendors were contacted, a competitive advantage may be given to the company. Mr. Wohimuth stated that membership would be limited to one alternative energy company, adding that CVAG did receive several calls after an article ran in the Desert Sun. Chairman Pougnet stated that everyone has a seat at the table. Councilmember Tom Kirk, City of La Quinta, reported that if only four or five cities participate on the subcommittee, there may be an advantage towards the utility companies. Councilmember Kirk suggested that the negative perception of the utility companies having an advantage could be eliminated by having only elected officials vote on legislative matters. Mr. Wohlmuth added that only the Executive Committee can take a position on legislative matters for CVAG. Councilmember Kirk suggested that the issue may not reach the E & E if the utility companies outnumber the cities. Kay Hazen reported that the subcommittee has been created for input and that not all of the cities concerns are going to be solved. Ms. Hazen suggested that after the time spent on discussing this matter perhaps the Executive Committee be asked what their preference is to move this issue forward. John Nall, Southern California Edison, voiced his concern regarding the suggestion the utility companies are going to "gang up' on the cities. Mr. Nall added that the utility companies are not present to block legislation. Chairman Pougnet suggested the voting membership follow the outline from the conceptual plan and that the members at large be picked from a large recruitment. Mayor Pro Tom Roche discussed some of what her jurisdiction went through in investigating a city -run utility. Mayor Pro Tern Roche indicated that she would vote against allowing the utility companies a vote on the subcommittee, adding that the Coachella Valley needs to be more conservation conscious. Ms. Juniper reported that they were trying to address these concerns as well as the concerns related to the high price of electricity. Ms. Juniper added that her company was also interested in educating residents on what programs are out there to assist them in paying their electricity bills. Chairman Pougnet reported that the function of this subcommittee was a goal of the E & E and reemphasized the importance of the educational aspect of the subcommittee's function. Chairman Pougnet recapped what the membership outline was in the drafted conceptual plan as: 10 city representatives, 2 representatives from the County, five utility votes (one from each company), 1 representative from the BIA, and 5 members at large. Mr. Bell stated that he was sensitive of the perceived conflict, but suggested that the subcommittee proceed, adding that if adjustments needed to be made later, then the subcommittee can consider such changes at that time. PF COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Jane Udall reported on her experience in running a hospital and recognized the influence of non -voting members on committees. Ms. Udall suggested that only elected members be allowed a vote on the subcommittee. Chairman Pougnet stated that he would be making followup phone calls to the cities and indicated that this discussion be brought back to the subcommittee at their next meeting so that a decision on membership can be made at that time. B. Time and Date of Meetings Mr. Wohlmuth reported that it was important to get to word out regarding the next meeting and suggested the subcommittee set the time and date of the next meeting. A discussion took place regarding the availability of those present at the meeting. Those present suggested the subcommittees take place on the fourth Thursday of the month. C. CVAG Staff Responsibilities Mr. Wohlmuth reported that CVAG staff would be writing staff reports and providing background information for the subcommittee. 4. ENERGY CONSERVATION PLAN A. Action Plan for Calendar Year 2007 Chairman Pougnet reported that he would be working with Mr. Wohlmuth regarding the Best Practices and suggested that staff inquire with the cities to see where they are with their programs.. Mr. Bell requested that the BIA program be included. Mr. Wohlmuth indicated that CVAG staff would begin gathering information immediately and would give an update at the next meeting. In regards to finding a keynote speaker for this year's CVAG General Assembly, Councilmember Ferguson, City of Pam Desert, suggested that the Chairman of the Public Utilities Commission (PUC) be asked to speak at the meeting. Councilmember Ferguson indicated that he would call Mike Peevey to check his availability for the June 25, 2007 meeting. Mr. Wohlmuth reported that CVAG would be sending out a followup letter inviting Mr, Peavey to speak. The Energy Conservation Policy Symposium was held over so that it may be discussed once the membership issues have been resolved. B. Establish an Energy Conservation Symposium Buford Crites suggested that Supervisors Roy Wilson and Marion Ashley be contacted in order to see if they would be willing to hold a second symposium related to energy. Mr. Crites reported that their water symposium held in the fall is very successful. Ms. Juniper asked if the energy fair can be discussed due to timing issues. Ms. Juniper suggested that interested parties begin working on this issue immediately as Earth Day is April 22 and plans will need to be implemented in short order. Ms. Juniper explained that her preference was to hold the fair at the College of the Desert (COD) rather than the Living T, 3 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Desert due to parking issues. Ms. Barrows indicated that she would make contact with COD. Volunteers were sought. Chairman Pougnet, Ms. Juniper, Ms. Udall, Ms. Barrows and Mr. Swarthout all volunteered to work on the fair. Mr. Bell also volunteered a project manager from the BIA to work on this issue. 5. RESOLUTION TO THE EXECUTIVE COMMITTEE The resolution was also held over so that it may be discussed once membership issues have been resolved. 6. NEXT MEETING AND FORMALIZATION The next meeting of the Energy Conservation Subcommittee will be held at 10:00 a.m. on Thursday, February 22, 2007 at the CVAG offices, 73-710 Fred Waring Drive, Suite 119, Palm Desert. ADJOURNMENT There being no further business, the meeting of the Energy Conservation Subcommittee was adjourned at 11:00 a.m. Respectfully Submitted, �Abz"- JoarWa Stueckie Executive Assistant onservatiox? uti oirturdttbe:iMin ;gf:F�ii[a:. ?2r 20D7 : r T, af ot 4 a" COUNCIL/RDA MEETING DATE: February 20, 2007 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Demand Register Dated Feb. 20, 2007 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve Demand Register Dated February 20, 2007 BACKGROUND: Prepaid Warrants: Payable Warrants: 71865 - 718841 71885 - 71910) 71911 - 71911) Voids} Wire Transfers} P/R 33696 - 337171 P/R Tax Transfers} 71912 - 72082) FISCAL IMPLICATIONS: Demand of Cash -City n � Demand of Cash -RDA John M. Falconer, Finance Director 74,389.04 57,481.93 200.00 -2,713.76 445,353.62 173,407.29 42,261 .94 7,721,139.88 $8,51 1,519.94 $3,520,724.83 $4,990,795.1 1 CITY OF LA QUINTA BANK TRANSACTIONS 01/31/07 - 02/13/07 01/31/07 WIRE TRANSFER - WATERCOLORS 01/31/07 WIRE TRANSFER - PERS 02/01/07 WIRE TRANSFER - PERS 02/02/07 WIRE TRANSFER - PERS HEALTH 02/07/07 WIRE TRANSFER - LANDMARK 02/08/07 WIRE TRANSFER -TASC FLEX 02/08/07 WIRE TRANSFER - TASC FLEX 02/09/07 WIRE TRANSFER - PERS 02/09/07 WIRE TRANSFER - ICMA TOTAL WIRE TRANSFERS OUT $103,000.00 $3,357.97 $1,209.22 $83,217.05 $192,147.85 $1,112.08 $1,112.08 $43,375.11 $16,822.26 $445,353.62 I n I w) mm I ZS I> .AA J J V I O m I Z K O m I n 1 OCKG T •O •O 00 I JC 1 A ➢ O I 10 0 a A W N P 1 I O T 3 m % I 1 O I < 1 r o I IT, 1 CDmw IZZIM Z\ 1 0. 1 row- 1 0 1 r C F W W I A I W.P\ N N w I I Z r N I 1 T K O 1 I D a O Da r I I F, V nn m I I m MITI a I 1 0 n 0 1 1 a xx c I 1mr O s a m I < 1 a. 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O O A A O O N N N 'I 'IW W I -In 1 O� ut NNAV1 A A W WO O O VI V1 0 0 V1 W o O A A I JC 1 AA A O VNAV N N O Oo O O N N O O P P O O W W I I I I I 1 I t I I I 1 I x m I I D•1 2 y I 9 V I D O 1 D A 1 2 1 0 1 I M I W =. to I W 1 2 N 11 ~rt 1 04 O O I A 1 I N CF`y OF TtiF'�0 COUNCIL/RDA MEETING DATE: February 20, 2007 ITEM TITLE: Receive and File Transmittal of Treasurer's Report as of December 31, 2006 1.1Xd01LTA IPi14LL,Uy-AAIQ 0A Receive and file. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: O)+ STUDY SESSION: PUBLIC HEARING: Receive and File Transmittal of Treasurer's Report dated December 31, 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. 105 Respectfully submitted, / t John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Treasurer's Report, City of La Quinta K MEMORANDUM TO: La Quints City Council FROM: John M. Falconer, Finance Dimetor?reasurer SUBJECT: Treasurees Report for December 31, 2006 DATE: January 31, 2007 Attached is the Treasurees Report for the month ending December 31. 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 Be&nlng Purchased Notes Sold(Matured Other Ending Change Cash (3) $ 409,191 (1) $ (2,563,597) $ (2,164,406) $ (2,563,597) LAW 37,130,025 3,700000 (2,200,000) 0 38,630,Q25 1.500,000 US Treasuries (2) 115,835,206 33.000:000 (45,000,000) (374,148) 103,461,058 (12,374,148) US GovY Sponsored Enterprises (2) 29,898.597 14,229,000 (15,000,000) (142,587) 28,985,010 20,895.343 (913,587) 4,949,244 Commercial Paper (2) 15.946,099 15,000.000 (111,000,000) 949,244 3,718 2,921,547 3.718 Corporate Notes Mutual Funds 2,917,829 2 295,718 5 776,315 1 8 072,033 5 776,315 Total $ 204,432,665 $ 71,705,315 $ 5,763,597 $ 436227 $ 200,810610 $ 3,622,055 I certify that this report aocuratel reflects all pooled Investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quints, 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 �3l 2-Oo% l Date John M. Falconer , Finance Director/freasurer _ , 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 premiuMdiscount for the month on US Treasury, Commercial Paper and Agency Investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other Investments before warrants are presented for payment by the payee at the bank. 3 Treasurer's Commentary For the Month of December Cash Balances — The portfolio size decreased by $3.6 million. The major reason for this decrease was expenditures for capital projects, including the Vista Dunes Mobile Home Park Project, SilverRock Golf Course improvements and a settlement with Weitz Golf, and three payrolls in the month. Investment Activity — The Treasurer has been increasing the LAIF holdings in December to take advantage of a 20 basis point advantage over US Treasuries. Also, bond proceeds that were previously invested in U.S Treasury investments that matured in December were reinvested in mutual funds to pay for increased construction activity in RDA Project Area 1 and Housing Projects. At month end, the sweep had a $2,936,360 balance and yielded 4.43% which primarily consisted of covering the outstanding warrants. While this rate is lower than the LAIF rate of 5.13% 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 bleared by our bank. The sweep was instituted based upon the raising interest rates and earned $ 5,861 in cash for the month. The bank fees for the month were $ 1,941 which resulted in a net increase of $ 3,920 in real savings. Portfolio Performance — The overall portfolio performance increased by three (3) basis points and ended at 5.06% for the month. At the end of December, the portfolio yield was sixteen (16) basis points over the benchmark which decreased by four (4) basis points from the previous month to end at 4.90%. With the short average maturity of 80 days, the portfolio yield should remain at these levels. The Treasurer will continue to invest in short term investments based upon the yield curve. At this time last year, the portfolio was yielding 3.67% and the benchmark was at 4.20% for a 53 point difference so we have made progress in meeting our benchmark. The Treasurer has been investing more in LAIF and has not been investing in longer than six months Treasury securities or in will be investing in longer than six months GSE's based upon the yield curve to take advantage of yield spreads. Future Thoughts. The Treasurer will continue to invest in short term maturities to take advantage of the inverted yield curve — Commercial Paper with 30 to 60 day maturities and Bond proceeds will continue to be reinvested in six month Treasury bills as they mature. 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IW.WW% 10 Nn'-m^ NNN$�O N b N T1 ^W N V NnN QL6 IhO W ��pN {r�pyNPNN A p� O CP Yj n N n t� V q t+l O W yy V V� � r W C) � 6 W .n .. O N A � e • n� NN Y � d N O N M< Wy N S py ^ q� { C O m N N A N N ^ p O T W O N W O- H W N n n q ♦ m m N N O W N M nW] N W O N W O �Rn �in�mm vmwm�a n W n LL�m ujN ni7S n �N W W I N H N HA N W m; N a p nq V IW-{Oy N W' O m O W O � V C V N (V m Q m N N LL� tW� 11 INO S R N n 0 n n ro N A W W o b y Cl O O OM N. C 2 � rn��f NNNN! V bI n N W N� Y ry IOL IL N W ��yy W g N W Cl m N N N 10 N W Yp N W W LL' � y N ttOO V C1 p n N N� O H W N W 8 tYy O p Ny S fV O b q NtWO yWW N H 0 y O n �w (� I�r/! yNjNNhQn � o pW r F❑r N Y yCC L W C CQ F CO S a E y12 u C m m m@ t M W a m U e ~ uas � 9 u L W e FdF a iME g u�m"rcocio� z w z n N N n h n O m 115 11 !! !! f || || || |) 7r,z !%��& „�,� „!■! %\ !!■k! !'! »!!\s »!!�! f-0'9 «.(�! !k !!2|® @MSE ! !2!!k �!!/! a.!! M. ` ! )77 f!!k�! !!!,%!k7\|� k!!|J kk||| k\kkf !|! #}}% }))j|\ })]%7! #!|a!% l2kalS##\«]2 Ql L y E � U 0 O OT1J 1 �3 E � � a E } O � mE e L C m L d E s s m � y E y�y 9 7 } � gg � Q 0 N CY 0 r. 7 a � � O U Z G o 0 0 o e o o to c rn Lf) CD coo, c ai LO 9 v v v t a \ L•\ i \ 4 r\ \ \ ,i i i i t t i r � 1 13 F CF`H OF T�LF'9 COUNCIL/RDA MEETING DATE: February 20, 2007 ITEM TITLE: Receive and File Transmittal of Revenue and Expenditure Reports dated December 31, 2006 RECOMMENDATION: Receive and File FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of the December 31, 2006 Statement of Revenue and Expenditures for the City of La Quinta. Respectfully submitted, John M. Falconer, Finance Director 118 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures Report, December 31, 2006 K CITY OF LA QUINTA REVENUES - ALL FUNDS 07101/2006 • 12/31/2006 FUNDS BUDGET RECEIVED o� RECEIVED General $33,045,39200 $10,628,287.54 3220% Library 1,855,100 00 20,822.08 1 10% Gas Tax Revenue 855,581.00 551,569.45 64.50% Federal Assistance 454,745 00 000 0.00% Urban Forestry 000 0.00 0.00% Slesf (Cops) Revenue 102,700.00 100,083.74 97.50% Local Law Enforcement 0.00 0.00 0.00% Indian Gaming 185,750.00 182,900.44 98 50% Lighting & Landscaping 890,900.00 23,906.40 2.70% RCTC 2,374,007.00 46,831.88 2,00% Development Funding 0.00 0.00 0.00% Crime Violent Task Force 165,560 00 88,426 69 53,40% AB 939 000 123,286.45 0.00% Quimby 1,939,900 00 1,597,214 70 82 30% Infrastructure 7,500.00 10,402.51 138.70% Village Parking 0.00 0.00 0.00% South Coast Air Quality 52,400 00 26,682.07 50.90% Cmagllstea 000 0.00 0.00% Transportation 1,390,600 00 893,084 64 64 20% Parks & Recreation 446.000.00 236,633.91 53.10% Civic Center 256,000.00 201,175 04 78 60% Library Development 177,500.00 92,966.00 52.40% Community Center 75,300.00 38,298.90 50.90% Street Facility 54,300 00 34,092.92 62.80% Park Facility 13,600 00 7,162.09 52.70% Fire Protection Facility 74,500 00 35,530 12 47 70% Arts In Public Places 138,100.00 77,261.87 55.90% Interest Allocation 0.00 000 0.00% Capital Improvement 123,686,859.00 12,148,32327 9.80% Equipment Replacement 616,500.00 564,441.64 91.60% Information Technology 411,200 00 394,818.54 96.00% Park Equipment & Facility 373,722.00 367,907.42 98 40% SilverRock Golf 3,427,110 00 936,234 05 27 30 % SilverRock Golf 67,426 00 622.96 0.90% LQ Public Safety Officer 2,30000 2,29525 99.80% La Quinta Financing Authority 6,617,022.00 4,248,987.61 64.20% RDA Project Area No. 1 63,105,204 00 7,028,951.60 13.20% RDA Project Area No. 2 41,780,345 00 4,326,316.20 10.40% Total $;1 i ,: 1:1 1 ! 100 $45, I: i :i 17.98 16.40% �C� CITY OF LA QUINTA EXPENDITURES -ALL FUNDS 07/01/2006 - 12/31/2006 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $34,311,45600 12,649,30358 $65,244.81 $21,596,90761 36.9% Library 1 115,000.00 0.00 754,27500 13.2% Gas Tax 1,440,418.00 597,226.55 0.00 843,191.45 41.5% Federal Assistance 454,745 00 - 0.00 454,745.00 0.0% Urban Forestry 0.00 - 0.00 0.00 0.0% Blest (Cops) Revenue 101,400.00 82,939.63 0.00 18,460 37 81.8% Local Law Enforcement 0.00 - 0.00 0.00 0 0% Indian Gaming 201,142.00 57,13761 000 144,004.39 284% Lighting & Landscaping 890,900.00 445,449 98 0.00 445,450 02 50.0% RCTC 2,374,00700 46,831.88 0.00 2,327,175.12 2.0% Development Agreement 000 - 000 0.00 0.0% CV Violent Crime Task Force 102,700.00 23,587.69 0.00 79,112.31 23 0% AB 939 88,184.00 49,679.10 000 38,504.90 56.3% Quimby 116,650 00 47,046 44 000 69,603.56 40.3% Infrastructure 508,832 00 119,437.80 000 389,394.20 23.5% Village Parking (1,893 00) - 000 (1,893,00) 0.0% South Coast Air Quality 26,600.00 5,08648 0.00 21,513.52 19 1 % Cmaq/Istea 000 - 000 000 0.0% Transportation 6,600,603.00 816,678 44 0.00 5,783,924 56 12 4% Parks & Recreation 125,226 00 55,969.96 000 69,256.04 44.7% Civic Center 12,101,75800 558,39410 0.00 11,543,363.90 46% Library Development 0.00 52,398.03 0.00 (52,398,03) 0.0% Community Center 0.00 - 000 000 0.0% Street Facility 75,000.00 345.00 000 74,655.00 0.5% Park Facility 0.00 - 0.00 0.00 0.0% Fire Protection 50,000.00 24,204.68 000 25,795 32 48.4% Arts In Public Places 656,950.00 67,887.36 000 589,062.64 10 3% Interest Allocation 0.00 - 000 0.00 0.0% Capital Improvement 123,686,85900 12,148,32327 144,646.75 111.393,888.98 9.8% Equipment Replacement 1,255,908.00 127,430.86 26,09871 1,102,37843 101% Information Technology 681,800.00 99,963.67 000 581,836.33 147% Park Maintenance Facility 0.00 - 0.00 0.00 0.0% SilverRock Golf 4,224,728.00 1,805,305.37 000 2,419,422.63 427% SilverRock Reserve 37,211.00 37,211.00 0.00 0.00 100.0% Lq Public Safety Officer 2,00000 - 0.00 2,000.00 0.0% La Quinta Financing Authority 6,617,146.00 4,259,277.05 000 2,357,868.95 64.4% RDA Project Area No 1 74,517,338 00 18,069,959.85 0.00 56,447,378A5 24.2% RDA Project Area No 2 87,595,130 00 9,087.588.48 000 78,507,541.52 10.4% Total - $359,712,073 00 31,449,66186 1 $235,9900:27 298,026,41 7 7. 1 21 0 0710112006.12/3112006 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Transient Occupancy Tax - Mitigation Measures Franchise Tax TOTAL TAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Mechanical Permits Electrical Permits Garage Sale Permits Misc. Permits TOTAL LICENSES S PERMITS FEES: Sale of Maps & Publications Community Services Fees Finance Bldg & Safety Fees Community Development Fees Public Works Fees TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines Federal Govt Grants County of Riverside Grant State of California Grant Fire Services Credit CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Assmnt Dist Surplus Other Mitigation Measures Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTALGENERALFUND REMAINING % BUDGET RECEIVED BUDGET RECEIVED 1,417,60000 636,062.31 781,537.69 44.870% 1,733,50000 869,969.04 863,530.96 50.190% 6,484,125.00 2,920,567.05 3,563,557.95 45040% 2,161,375.00 0.00 2,161,375.00 0.000% 1,017,200.00 262,373.18 754,82682 25.790% 4,520,000.00 1,039,43292 3,480,567.08 23.000% 299,050.00 0.00 299,050.00 0.000% 1,063,100.00 235,21408 827,885.92 22.130% 18,695,950 00 5,963,618 58 12,732,331.42 31 900% 252,30000 139,85080 112,449.20 55,430% 17,000.00 9,046.00 7,954.00 53.210% 558,600.00 401,18428 157,415.72 71.820% 84,400.00 62,641.50 21,758.50 74.220% 47,60000 36,30020 11,299.80 76.260% 65,500.00 56,928.79 8,571.21 86.910% 10,600 00 7,14000 3,460.00 67.360% 91,10000 81 977.37 9,12263 89.990% 1,127,10000 795,068.94 332,03106 70.540% 5,500.00 1,95391 3,546.09 35.530% 282,300.00 237,244 68 45,055.32 84.040% 2,000.00 0.00 2,000.00 0.000% 377,200.00 354,031.34 23,168.66 93.860% 222,400 00 78,957.50 143,442.50 35.500% 359 400.00 726,01604 (366,616.04) 202.010% 1,248,800.00 1,398,203.47 (149,403.47) 111.960% 2,916,900 00 126,889.68 2,790,010.32 4.350% 143,800 00 22,039 22 121,760 78 15.330% 25,70000 28,889.29 (3,189.29) 112.410% 137,000.00 63,370 93 73,629 07 46.260% 0.00 0.00 0.00 0.000% 0.00 0.00 000 0.000% 8,600.00 14,882.84 (6,282.84) 173.060% 4,214,400.00 (16,688.08) 4,231,088 08 -0.400% 202,400.00 0.00 202,400.00 0 000% 7,648,800.00 239,383.88 7,409,416.12 3130% 3.987,300.00 2,077,57490 1,909,72510 52.100% 4,900.00 12,795.85 (7,895.85) 261.140% 0.00 1,52616 (1,52616) 0,000% 0.00 000 000 0.000% 0.00 000 0.00 0.000% 000 38.52 (38.52) 0.000% 4,900.00 14,360.53 (9,460.53) 293.070% 332,542.00 140,07724 192,464.76 42,120% 33,045,39200 10,628,287.54 22,417, 104.46 32160% 5 CITY OF LA QUINTA 0710112006 •12131/2006 GENERAL FUND REVENUES DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 1,814,300.00 000 1,814,300.00 0.000% Contributions 0.00 000 0.00 0.000% Interest 40 800.00 20 822.08 19 977.92 51 030% TOTAL LIBRARY 1,855,100.00 20,822.08 1,834,277.92 1.120% GAS TAX REVENUE: Section 2105 224,400.00 99,104.85 125,295.15 44.160% Section 2106 158,100.00 69,147.08 88,952.92 43.740% Section 2107 299,100.00 134,602.34 164,497.66 45.000% 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 9,03444 (1,134.44) 114.360% TOTAL GAS TAX 855,581.00 551,569.45 304,011.55 64.470% FEDERAL ASSISTANCE REVENUE CDBG Grant 454,745 00 0.00 454,745.00 0 000% Interest 000 0.00 0.00 0 000% TOTAL FEDERAL ASSISTANCE 454,745 00 0.00 454,745.00 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 100,000.00 100,000.00 0.00 100 000% Interest 2,70000 83.74 2,616.26 3.100% TOTAL SLESF (COPS) 102,700 00 100,083 74 2,616 26 97.4500/. 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 000 0.00 0.00 0.000% TOTAL LLEBG 000 0.00 0.00 0.000% INDIAN GAMING Grant revenue 177,250 00 177,250 00 0.00 100.000% Interest 8,500.00 5,650.44 2,849.56 66.480% TOTAL INDIAN GAMING 185,750.00 182,900.44 2,849.56 98.470% LIGHTING & LANDSCAPING REVENUE: Assessment 890,900.00 23,906.40 866,993.60 2.680% Developer 0.00 0.00 000 0.000% Interest 000 0.00 000 0 000% TOTAL LIGHTING & LANDSCAPING 890,900 00 23,906.40 866,993 60 2.680% RCTC RCTC Funding 2,374,007 00 46,831.88 2,327,175.12 1.970% Transfer in 000 0.00 0.00 0.000% TOTAL RCTC ° DEVELOPMENT AGREEMENT FUND Mitigation Measures 0.00 0.00 0.00 0.000% Interest 0,00 0.00 000 0 000% Transfer in 0.00 000 0.00 0.000% TOTAL DEV AGREEMENT 0.00 0.00 0.00 0 000% VIOLENT CRIME TASK FORCE Member Contributions - Carryover 70,000 00 73,707.76 (3,707.76) 105.300% Grant revenue -JAIB 87,960.00 10,548.74 77,411.26 11.990% CLET Line 6,000.00 3,191.07 2,808.93 53180% Interest 1,600.00 979.12 620.88 61.200% TOTAL CRIME VIOLENT TASK FORCE 165,560.00 88,426.69 77,133.31 53.410% AB 939 REVENUE: AB 939 Fees 0.00 99205.23 (99,205.23) 0.000% ��.. Interest 0.00 24 081.22 (24,081.22) 0.000% TOTAL QUIMBY _ if3'fSb`.a5 (123,286.45) 0.000% u CITY OF LA QUINTA 0710112006. 1213112006 GENERAL FUND REVENUES DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED QUIMBY REVENUE Quimby Fees 1,667,000.00 1,426,002.98 240,99702 85.540% Interest 272,900.00 171,211.72 -7 101,688.28 62.740%u TOTAL QUIMBY ,5 o INFRASTRUCTURE REVENUE: Utility refund 0.00 000 0.00 0.000% Interest 7,500.00 10,402.51 (2,90251) 138.700% Transfer in 0.00 000 0.00 0.000% TOTAL INFRASTRUCTURE 7,500.00 10,40251 (2,902.51) 138.700% VILLAGE PARKING REVENUE: Interest 000 0.00 0.00 0 000% TOTAL VILLAGE PARKING 0.00 0.00 000 0.000% SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 45,000.00 23,03040 21,969.60 51180% MSRC Funding 0.00 000 0.00 0.000% Street Sweeping Grant 0.00 000 0.00 0.000% Interest 7,400.00 3,651.67 3,748.33 49350% TOTAL SCAQ 52,400.00 26,682.07 25,717.93 50.920% CMAQIISTEA CMAQ/ISTFA Grant 0.00 0.00 0.00 0,000% Interest 0.00 0.00 0.00 0.000% TOTAL CMAQ/ISTEA 0.00 0.00 000 0 000% TRANSPORTATION Developer fees 1,096,20000 758,177.75 338,02225 69.160% Interest 294,400 00 134,906.89 159,493 11 45 820% Transfer in 000 0.00 000 0.000% TOTAL TRANSPORTATION 1,390,600 00 893,084.64 497,515.36 64.220% PARKS & RECREATION Developer fees 446,00000 234,14800 211,852.00 52.500% Interest 0.00 2,485.91 (2,485,91) 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL PARKS 8: RECREATION 446,000.00 236,633.91 209,366.09 53.060% CIVIC CENTER Developer fees 256,000.00 158.494.88 97,505.12 61.910% Interest 0.00 42,680.16 (42,680 16) 0 000% Transfer in 0.00 0.00 0.00 0 000% TOTAL CIVIC CENTER 256,000.00 201,175.04 54,824.96 78.580% LIBRARY DEVELOPMENT Developer fees 177,500 00 92,966 00 54,534 00 52.380% Interest 000 000 0.00 0 000% Transfer in 0.00 0.00 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 177,500.00 92,966 00 84,534.00 52.380% COMMUNITY CENTER Developer fees 37,000.00 19,020.00 17,980.00 51.410% Interest 38,300.00 19,278.90 19.021.10 50.340% TOTAL COMMUNITY CENTER 75,300.00 38,298.90 37,001.10 50.1160°/ STREET FACILITY Developer fees 44,100.00 28,194.64 15,905.36 63.930% Interest 10,200.00 5,89828 4.301.72 57.830% TOTAL STREET FACILITY 54,300.00 34,092.92 20,207.08 62.790% PARK FACILITY Developer fees 11,000 00 5,764.00 5,236.00 52.400% Interest 2,60000 1,39809 1,201.91 53 770% TOTAL PARK FACILITY 13,600.00 7,162.09 6,43791 52.660% 124 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL 0710112006.12131 /2006 REMAINING BUDGET RECEIVED BUDGET RECEIVED FIRE PROTECTION FACILITY Developer fees Interest TOTAL FIRE PROTECTION FACILITY ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places Arts in Public Places Credits Applied Interest TOTAL ARTS IN PUBLIC PLACES INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transferin TOTAL INTEREST ALLOCATION CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSO S6300 Funding RCTC SB821-Bicycle Path Grant Stale of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution Sale of Fixed Asset Insurance Recoveries Interest Transfers In TOTAL EQUIPMENT REPLACEMENT 74,500.00 35,530.12 38,969.88 47.690% 000 0.00 0.00 0.000% 74,500.00 35,530.12 38,969.88 47.690°/ 97,500.00 57,220.75 40,279.25 58690% 0.00 0.00 0.00 0 000% 40,600.00 20.011,12 20,558.88 49.360% 138,100.00 77,261.87 60,838.13 55.950°/ 0.00 0.00 000 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 --Too 0 000% 15,851,49200 1,209,346.90 14,642,145.10 7.630% 848,479.00 0.00 848,479.00 0 000% 0.00 0.00 0.00 0.000% 1,674,43000 0.00 1,674,430.00 0.000% 2,625,942.00 79,390.00 2,546,552 00 3,020% 82,656.00 79,390.00 3,266.00 96.050% 000 000 0.00 0.000% 0.00 0.00 0.00 0.000% 25,099.00 0.00 25,099 00 0.000% 25,598.00 203,067.00 (177,469.00) 793.290% 000 0.00 0.00 0.000% 566,215.00 785.66 565,429.34 0140% 0.00 0.00 000 0.000% 101,986,948.00 10 576 343.71 91,410,604.29 10.370% 123,686,859.00 12,148,323.2t II lw8,535.73 9.11 487,000 00 486,999.00 100 100.000% 000 000 0.00 0,000% 000 12,400.00 (12,400.00) 0.000% 0.00 0.00 0.00 0.000% 129,500.00 65,042.64 64,457 36 50.230% 0.00 0.00 0.00 0.000% 616,50000 564,441.64 52,058.36 91.560% INFORMATION TECHNOLOGY FUND: 373,500.00 373,500.00 0.00 100.000% Charges for services 000 0.00 000 0.000% Capital Contribution 000 0.00 0.00 0.000% Sale of Fixed Asset 37,700.00 21,318.54 16,381.46 56.550% Interest 0.00 000 000 0 000% Transfers In TOTAL INFORMATION TECHNOLOGY 411 200.00 394.818.54 16,381.46 96 020% PARK EQUIPMENT & FACILITY 350,722 00 350,722.00 0.00 100.000% Charges for services 23,000.00 17,185.42 5,814.58 74.720% Interest 0.00 000 000 0.000% Capital Contributions TOTAL PARK EQUIPMENT & FAC 373,72200 367,907.42 5,814.58 98.440% El CITY OF LA OUINTA 0710112006. 12/31/2006 GENERAL FUND REVENUES DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED SILVERROCK GOLF Green fees 2,985,870.00 771,12899 2,214,741.01 25.830% Rangefees 62,181.00 17,534.00 44,647.00 28.200% Resident Card 30,600 00 18,315.00 12,285.00 59.850% Merchandise 311,24800 92,04506 219,202.94 29.570% Food & Beverage 0.00 000 0.00 0.000% Allocated Interest Income 0.00 0.00 000 0 000% Transfers In 37,211.00 37,211.00 0.00 100.000% TOTAL SILVERROCK GOLF 3,427,110 00 936.234.05 2,490,875.95 27 320% SILVERROCK GOLF RESERVE 000 622.96 (622 96) 0.000% Interest Transfers In 67,426.00 0.00 67,426.00 0.000% TOTAL SILVERROCK GOLF 67,426.00 622 96 66,803.04 0 920% LO PUBLIC SAFETY OFFICER FUND 2,000.00 2,000.00 0.00 100.000% Transfer In Interest 30000 295.25 4.75 98.420% TOTAL LO PUBLIC SAFETY 2,30000 2,295.25 4.75 99.790% 126 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 0710112006-1213112006 BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET GENERAL GOVERNMENT: 866,250 00 403,481 38 0.00 462,768.62 LEGISLATIVE CITY MANAGER'S OFFICE 1,170,80900 513,316.94 000 657,490.06 ECONOMIC DEVELOPMENT 1,652,000.00 875,075.19 0.00 0.00 776,924 81 517,765.35 PERSONNEL/RISK MGT TOTAL GENERAL GOVERNMENT 1,046,554.00 4,735,613.00 528,788 65 2,320,664 16 0.00 2,414,948.84 601,704.00 263,18218 0.00 338,521.82 CITY CLERK TOTAL CITY CLERK 601,704.00 263,182 18 0.00 338,521.82 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 1,166,207 00 492,214.89 000 0.00 673,992.11 223,358.88 SENIOR CENTER 391,31100 173,976 00 167,952.12 106,369 20 271.00 67,335.80 PARKS & RECREATION PROGRAMS 869,27500 283,990.26 0.00 585,284.74 LIBRARY PARK MAINTENANCE 1,211,785.00 800,231.11 4,200.00 4,471.00 407,353.89 1,957,325.42 TOTAL COMMUNITY SERVICES 3, 112,554 00 1,850,757.58 FINANCE FISCAL SERVICES 429,44194 000 0.00 141,55006 141,558.19 CENTRAL SERVICES TOTAL FINANCE 398,31700 398,31700 256,758.81 1,278,769.00 686,200.75 - 592,568.25 BUILDING & SAFETY: BUILDING&SAFETY -ADMIN 381,252.00 179,10354 0.00 202,148.46 BUILDING 1,017,036.00 643,945.99 0.00 0.00 373,090.01 483,487.92 CODE COMPLIANCE 912,721.00 421,850.00 429,233.08 165,979.22 0.00 255,870 78 ANIMAL CONTROL CIVIC CENTER BUILDING -OPERATIONS 1,099,188 00 732,638 96 000 366,549.04 TOTAL BUILDING & SAFETY 3,832,04700 2,150,900.79 0.00 1,681,146.21 PUBLIC SAFETY: POLICE SERVICES 9,455,117.00 2,287,738.08 1,240.00 7,166,134.27 FIRE 4,214,373.00 55,097.14 0.00 4,159,275.86 EMERGENCY SERVICES 183,730.00 31,413.36 529.99 1,774.64 151,786.65 11,477,196.78 TOTAL PUBLIC SAFETY 13,853,22000 2,374,248.58 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 1,462,127.00 407,461.56 000 1,054,666.44 CURRENT PLANNING 973,664.00 255,837.66 9,27071 9,270.71 718,555.63 1,763,221.07 TOTAL COMMUNITY DEVELOPMENT 2,435,791.00 663,299.22 (389,171.00) PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 633,103.00 221,394.61 5,500.00 406,208.39 DEVELOPMENT & TRAFFIC 1,109,512.00 487,96046 4,170.00 38,733.10 617,38154 1,504,529.92 MAINT/OPERATIONS - STREETS 2,342,694 00 799.430 98 869,725.97 0.00 1,106,650.03 MAINT/OPERATIONS- LTG/LANDSCAPING 1,976,376.00 MAINT/OPERATIONS- TRAFFIC 375,102.00 68,983.61 618,443 92 000 1,325.36 306,118.39 364,512.72 CONSTRUCTION MANAGEMENT TOTAL PUBLIC WORKS 984,282,00 7,421,069.00 3,065,939.55 49,728.46 4,305,400,99 1,537,564.00 977,802 72 000 559,761.28 TRANSFERS OUT GENERAL FUND REIMBURSEMENTS (5,196,875 00) (1,703,691 95) 0.00 (3,493,183.05) NET GENERAL FUND EXPENDITURES 34,311,456 00 12,649,303.58 65,244.81 21,596,907.61 127 T GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 0710112006. 12131/2006 BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET LIBRARY FUND - 0.00 0.00 0.00 PROJECT EXPENDITURES 869,275 00 115,000.00 000 754,275 00 REIMBURSE GENERAL FUND TOTAL LIBRARY FUND 869,275 00 115,000 00 0.00 754,275.00 GAS TAX REIMBURSE GENERAL FUND 855,581.00 427,790.54 0.00 427,790.46 TRANSFER OUT 684.837.00 169,436.01 000 415,400 99 TOTAL GAS TAX FUND 1,44 ,418 00 597,226.55 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 454,745 00 000 0.00 454,745.00 URBAN FORESTRY GRANT TRANSFER OUT TOTAL URBAN FORESTRY GRANT - 0.00 0.00 0.00 SLESF(COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 101,400.00 82,939 63 000 18,460.37 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 0.00 0.00 0.00 INDIAN GAMING FUND 201,142.00 57,13761 0.00 144,004.39 TRANSFER OUT TOTAL LIBRARY FUND 20 42.0 57, 37.6 0. 44,0 .39 LIGHTING & LANDSCAPING ASSESSMENT DIST: 890,900.00 445,449.98 0,00 445,450.02 REIMBURSE GENERAL FUND - 000 000 000 TRANSFER OUT TOTAL LTG/LANDSCAPING FUND 890, 0 00 445,449 9 0.0 445,450.02 RCTC TRANSFER OUT 2,374,007.00 46,831.88 0.00 0 2,327,175.12 2, 7.175. 2 TOTAL RCTC ,374,0 7.00 46, 88 DEVELOPMENT AGREEMENT FUND - 0.00 0.00 0.00 CONSTRUCTION 0.00 000 0.00 REIMBURSE GENERAL FUND - - 000 0.00 000 TRANSFER OUT TOTAL DEV AGREEMENT FUND - 0.00 u.vv0 vv CRIME VIOLENT TASK FORCE 102,700.00 23,587.69 000 79,112.31 OPERATING EXPENSES 0.00 0.00 0 00 TRANSFER OUT TOTAL CRIME VIOLENT TASK FORCE 102,700.00 23,587.69 0 00 79,112.31 AS 939 OPERATING EXPENSES 79,430.00 49,679.10 0.00 0.00 29,750.90 8,75400 TRANSFER OUT 8,75400 000 0 3 04. TOTAL AS 939 88,18400 4 9,67 0 QUIMBY FUND: 116,650 00 47,046.44 0.00 69,603.56 TRANSFER OUT INFRASTRUCTURE FUND 52,100.00 52,100.00 0.00 0.00 CONSTRUCTION - 0.00 0.00 0.00 REIMBURSE GENERAL FUND 456,732.00 67,337.80 000 389,394.20 TRANSFER OUT TOTAL INFRASTRUCTURE 508,832.00 1 .437. 0 0.00 9,394.20 VILLAGE PARKING TRANSFER OUT TOTAL VILLAGE PARKING FUND (1,893.00) 0.00 0.00 (1,893.00) SOUTH COAST AIR QUALITY FUND 26,600.00 5,08648 0.00 21,513 52 PROJECT EXPENDITURES 0.00 0.00 0.00 TRANSFER OUT TOTAL SOUTH COAST AIR QUALITY 26,5UU.UU 5, 86 40 0.00 2 13.5 11 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07/01/2006 - 12/3112006 BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET CMAQIISTEA TRANSFER OUT TRANSPORTATION PROGRAM COSTS CONTRIBUTION TRANSFER OUT PARKS & RECREATION INTEREST ON ADVANCE TRANSFER OUT CIVIC CENTER PROGRAM COSTS REIMBURSE GENERAL FUND TRANSFER OUT LIBRARY DEVELOPMENT PROGRAM COSTS INTEREST ON ADVANCE TRANSFER OUT COMMUNITY CENTER PROGRAM COSTS TRANSFER OUT STREET FACILITY PROGRAM COSTS TRANSFER OUT PARK FACILITY PROGRAM COSTS TRANSFER OUT FIRE PROTECTION INTEREST ON ADVANCE INTEREST ON ADVANCE TRANSFER OUT TOTAL CMAQIISTEA FUND - 0.00 000 0.00 0.00 0.00 0.00 0.00 000 0.00 6,600,603.00 816,678 44 0.00 5,783,924.56 TOTAL TRANSPORTATION 03. ,67 .44 0 .7 3,9 .5 TOTAL PARKS & TOTAL CIVIC 55,969.96 0.00 (65,96996) 125,226.00 0.00 000 125,226.00 1 22 00 55, 69. 6 .00 69, 56. 4 0.00 0.00 0.00 203,66000 101,829.98 0.00 101,830.02 .. ___ --- -- 1.c ..A 19 n 00 11.441.533.88 0.00 000 000 52,398 03 000 (52,398.03) 0.00 0.00 0.00 TOTAL LIBRARY DEVELOPMENT 000 0.00 0.00 0.00 0.00 0.00 TOTAL COMMUNITY 0.00 0.00 0.00 75,000.00 345.00 0.00 74,655 00 TOTAL STREET FACILITY 75,000.UU 04D.UV0. 0 44,655 00 0.00 000 0.00 000 0.00 0.00 TOTAL PARK FACILITY v.uv 0. 00 - 24,204 68 000 (24,204.68) 60,000.00 0.00 0.00 50,000,00 0.00 000 0.00 TOTAL FIRE PROTECTION DIF 50,000.00 24,204 68 .00 25,7 5. ART IN PUBLIC PLACES FUND 30,00000 12,473.93 0.00 17,526.07 MAINTENANCE EXPENSES-APP 1,80000 0.00 0.00 1,800.00 OPERATING EXPENSES-APP 425,150 00 55,413.43 0.00 369,736.57 ART PURCHASES 200,000.00 0.00 0.00 200.000.00 TRANSFER OUT TOTAL ART IN PUBLIC PLACES 0.00 5 9,0 2.6 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES PROJECT REIMBURSEMENTS TO GEN FUND TRANSFER OUT TOTAL CAPITAL 122,307,600.00 12,033,799.82 144,646 75 110,129,153.43 1,379,259.00 114,623.45 0.00 1,264,735.55 n on 000 I n g 1 E"� GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07101 /2006. 1213112006 BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET EQUIPMENT REPLACEMENT FUND 598,908 00 127,430,86 26,098 71 445,378.43 OPERATING EXPENSES 657,000 00 000 0.00 657,000.00 TRANSFER OUT TOTAL EQUIPMENT REPLACEMENT FUND 1 55 OS 0 1 7,4 0.8 26,09 71 1, 2, 78. INFORMATION TECHNOLOGY FUND 681,800 00 99,963.67 000 581.836.33 OPERATING EXPENSES TOTAL INFORMATION TECHNOLOGY FUND PARK MAINTENANCE FACILITY _ 000 000 0.00 OPERATING EXPENSES _ 0.00 0.00 000 TRANSFER OUT 0, 0 0. 0.0 TOTAL PARK MAINTENANCE FAC - SILVERROCK GOLF OPERATING EXPENSES TRANSFER OUT TOTAL SILVERROCK 4,157,302 00 1,805,305.37 0.00 2,351,996.63 — nv w,A nn SILVERROCK GOLF RESERVE 37,211.00 37,211 00 0.00 0.00 TRANSFER OUT 0 0 0 0 TOTAL SILVERROCK GOLF RESERVE 7,2 1.0 37,2 .0 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0 00 2,000.0 130 13 ��fl 2•� V s �F M °F AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: February 20, 2007 BUSINESS SESSION: _ ITEM TITLE: Authorization for Overnight Travel for CONSENT CALENDAR: the Finance Director and Two Members of the STUDY SESSION: Investment Advisory Board to Attend the 2007 California Municipal Treasurers Association (CMTA) PUBLIC HEARING: _ Conference May 2 — 4, 2007 in Long Beach, California RECOMMENDATION: Approve authorization for overnight travel for the Finance Director and two members of the Investment Advisory Board to attend the three-day 2007 California Municipal Treasurers Association (CMTA) Conference — May 2 - 4, 2007 in Long Beach, California. FISCAL IMPLICATIONS: Account No. 101-4001-415.51-01, Travel and Training, contains $2,400 for two Investment Advisory Board Members and $1,200 for staff to attend this conference. Registration $ 885 Hotel 720 Travel 1,995 Total $3,600 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Annual California Municipal Treasurers Association Conference will be held May 2 — 4, 2007 in Long Beach, California. Account No. 101-4001-415.51-01, Travel and Training, contains $2,400 for two Investment Advisory Board Members and $1,200 for staff to, attend this conference. 121 The CMTA 2007 Annual Conference is a 3-day conference that focuses on financial issues affecting local governments. Conference information is attached (Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Finance Director and two members of the Investment Advisory Board to attend the CMTA Conference in Long Beach, California, May 2 — 4, 2007; or 2. Do not approve authorization for overnight travel for the Finance Director and two members of the Investment Advisory Board; or 3. Provide staff with alternative direction. Respectfully submitted, 'a o '&'� John M. Falconer, Finance Director Approved for submission by: 6 Thomas P. Genovese, City Manager Attachment: 1. CMTA Conference Information 2 MLLdcnmem i Tuesday. May 1 Pre -Conference Workshop 9:00 a.m. — 4:30 p.m. Revenue Collection Seminar (2 hour) Luncheon Buffet Cash Handling Seminar (4 hour) This six -hour workshop developed by the Public Treasury Institute of North America will include a comprehensive revenue collections course to assist your local agency with capturing all available revenues. You will learn all the tools to necessary to develop a successful collections program, provide advice on using and selecting outside help and discuss the legal aspects of collections. Followed by the internationally recognized Cash Handling Seminar identified as the most practical, comprehensive course for training proper cash handling procedures. Two guidebooks will be distributed including the just published and newly revised Cash Handling Workbook 2nd Edition along with a certificate of completion for both courses following the seminar. Wednesday. May 2 Conference Opening Session 9:00 a.m. Opening Speaker- David Jones, Author, Trainer and Executive Director of Continuing Education Training for Public Officials (CEPO). As Executive Director of Continuing Education for Public Officials, he has provided topics of interest for thousands of city, county and special district public officials. He states "Our mission is to create leaders for local government that have the 'Courage to Lead'." David will provide his insights into the Treasury/Finance professionals challenging and ever changing role in public service. 10.45 a.m. Fraud It Can Happen To You! - Hear the latest information on fraud prevention. What are the factors and conditions that fosters in the workplace. Learn about the factors that influence a person to commit fraud and what types of fraud commonly occur in the workplace. Hear real stories of how computer and paper fraud has occurred in many local agencies. Learn how to prevent losses by becoming informed about the latest fraud schemes and white collar crimes J 12:00 p.m. Keynote Luncheon Speaker — Newly elected California State Treasurer Bill Lockyer, will share with us the latest news from the Local Agency Investment Pool (LAIF), other State Treasures Office news and what is happening in Sacramento. 2:00 p.m. Treasurer to Treasurer- Find out how other Treasurers manage their resources and investment portfolios. This panel session of Treasurers from small and large agencies will give us insight on what works for them as they juggle the hectic pace of their respective treasury offices. Concurrent Sessions 3:45 p.m. "Deal or No Deal" Building Relationships with your Broker and learn how to get the most out of your investment transaction - Learn how work with your broker and build on that relationship to secure the best possible investment for your agencies portfolio. Learn the "new" industry buzz words and bond market jargon that will help you communicate and understand what is going on in Wall Street. 3:45 p.m. Payment Processing for the Government Sector- Unravel the mystery behind merchant fees, processing lingo and what government entities should know about accepting electronic payments. This session will cover the basics of credit card and ACH processing. Also discussed will be the various forms of acceptance and why a single solution may or may not be the right fit. 3:45 p.m. Are post employment healthcare benefit costs killing you? Explore potential mitigation strategies to more effectively manage your liability This workshop presents fresh application ideas which will enable you to begin discussions with your constituents. Learn which benefit promises causes the greatest liability and when the unfunded liability will become a credit issue. Explore methods to reduce the total defined benefit obligation that causes the liability and discuss alternative methods to delivering retiree healthcare benefits. Explore the impact of asset allocation strategies on investment returns and defined benefit trusts for funding the obligation will also be discussed n Thursday, May 3 7:45am. Business Session (Plated Breakfast) — All conference attendees will enjoy breakfast with their CMTA colleagues during the Annual Business Meeting. 9:00 a.m. The Success Principles: How to Get from Where You Are to Where You Want to Be —Renowned Author Jack Canfield will share key strategies from his latest book, The Success Principles. With a roadmap in hand, he will steer you in the direction of achieving your highest potential with this proven approach by learning how to: • Adapt your response to any outcome of an event • Maximize your success and future • Access what you want through powerful contacts .Jack Canfield will be available to meet with attendees following his presentation 12:00 p.m. Keynote Luncheon Speaker - John Chen Senior Economist Lehman Brothers (New York), will provide us with the latest economic forecast for the United States and California Economy and preview what lies ahead in 2008. Concurrent Sessions 2: 00 p.m. Banking Services: A Treasurers Guide to Success/RFP Best Practices — Hear both from a bankers and clients prospective on what works when looking for a bank to serve your needs. Discover the solutions to choosing the best banking services for your agency at the lowest possible cost. 2:00 p.m: Is Investing On -Line right for you? — Learn the latest in cutting edge technology that is now being used to assist Treasurers in managing their portfolios and seeking the best possible solution to their investment needs. Also hear about the latest on-line resources from the GFOA "Yield Advantage" Program and what it has to offer your Treasury operations. IJ5 Concurrent Sessions (continued) 2. 00 p.m. Passing the Baton "Now What?" How to prepare your staff to succeed youl- Learn strategies to effectively prepare a succession plan and begin the process of finding and developing a pool of successors who can meet the organizations current and future needs. Discover the barriers to preparing the next set of leaders and gather successful planning steps along with a menu of strategies to successful planning the next generation of Treasury/Finance Leaders. 3:1 S p.m. Nuts & Bolts - This is a chance for the Government Associates and Commercial Associates to meet independently to ask questions and have your questions answered by your colleagues. 4:00 p.m. Nuts & Bolts Combined Wrap-up- This is the time for the Government and Commercial Associates to meet as a group and discuss common issues. Friday, May 4 9.00 am. Navigating the Perils of Public Service — Discover why citizens have lost trust in their public officials. What are the ethical warning signs? Conflicts of interest are lurking around every comer and find out how to stay clear of those conflicts. Learn on-line tools to help rate you and your agencies ethical culture. Is your organization ethically fit and what do you do when you suspect an ethical dilemma? 10.30 am. Economic and Budget Outlook — Hear the Director of Fiscal Forecasting and Budget at the Legislative Analyst's Office gives us an update on the State's financial outlook for the coming year, the latest on the issuance of infrastructure bond and insight into the Governor's and Legislature's 2007-2008 Budget. G CALIFORNIA MUNICIPAL TREASURERS ASSOCIATION Conference Registration Form Hyatt Regency Long Beach May 1, 2007 Pre -Conference May 2 — 4, 2007 Conference You must be a current CMTA Member (Active/Government Associate/Sustaining) to register. If you need to verify that your membership is current, please contact Debbie Michel at CMTA's Sacramento office at (916) 658-8209. If you have any questions regarding conference registration, call Mike Reynolds at the City of Redlands at (909) 798-7544. Please use a separate form for each registrant (photocopies accepted). (THIS FORM IS NOT VALID FOR COMMERCIAL ASSOCIATE MEMBERS.) Name (Please print or Type) Title Organization Mailing Address City State Zip Phone Fax E-Mail Address Name you prefer on Badge Spouse/Guest Name Is this your first CMTA Conference? (yes or no) Special dietary needs? (yes or no) Will you be attending the Thursday evening Banquet? (yes or no) Registration Fees Pre -Conference Seminar [Active or Government Associates] Pre -conference Seminar only $ 160.00 $ Pre -Conference Seminar if also attending conference $ 150.00 $ Conference Postmarked Active or Government Associate Early (on or before 3/09//07) $ 295.00 $ Includes all meals, receptions & Thursday Banquet Regular (on or before 4/02/07) $ 320.00 $ Late (after 4/02/07) $ 380.00 $ Second registrant from same organization Early (on or before 3/09/07) $ 265.00 $ Includes all meals, receptions & Thursday Installation Banquet Regular (on or before 4/02/07) $ 290.00 $ Late (after 4/02/07) $ 390.00 $ Daily Conference Registration I Wednesday I Thursday Daily Rate _x $ 215.00 $ Available only if another person from your same agency has paid full conference registration Includes breakfast& lunch only Additional Meals Spouses & Guests Wednesday Lunch X $ 35.00 $ Thursday Lunch X $ 35.00 $ Thursday Banquet X $ 75.00 $ Total Fees $ Please make checks payable to "CMTA Annual Conference". Mail to: Michael Reynolds, City Treasurer, P.O. Box 3005, Redlands, CA 92373- 1505.(A pre -addressed envelope has been included for your convenience.) Advance registrants unable to attend may receive a refund of the registration fee less $25.00 processing fee by submitting a written request to CMTA at the same address or fax (909) 748-6411 by April 13, 2007. No refunds will be made if requested after that date. Substitute attendees will be accepted at any time. ;7.. 1 13 7 COUNCIL/RDA MEETING DATE: February 20, 2007 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31681- 3, Andalusia, Coral Option I, LLC AGENDA CATEGORY: BUSINESS SESSION: r CONSENT CALENDAR: V STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 31681-3, Andalusia, Coral Option I, LLC. FISCAL IMPLICATIONS: None for this action. The site obligates the developer to make improvements to public streets the maintenance for which will eventually be incorporated into the City's operations budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31681-3 is located north of Avenue 60 and west of Monroe Street (Attachment 1). This residential development will consist of 195 lots; on approximately 119.92 acres (Attachment 2). On July 6, 2004, the Council approved Tentative Tract 31681. The developer has requested the City Council's conditional approval of the Final Map (Attachment 2) which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. It is expected that the associated securities and all signatures will be in place within the time allowed for its conditional approval. iJ As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (March 22, 2007), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31681-3, Andalusia, Coral Option I, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31681-3, Andalusia, Coral Option I, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy tRonso .EubIicWct City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Final Map 3. Subdivision Improvement Agreement RESOLUTION NO. 2007-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 31681-2, CORAL MOUNTAIN, CORAL OPTION 1, LLC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. Resolution No. 2007- Tract Map No. 31681-3, Andalusia Adopted: February 20, 2007 Page 2of 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map 31681-3 is conditionally approved provided the subdivider submits all required items on or before March 22, 2007. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act, and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 201h day of February, 2007, 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 141 Resolution No. 2007- Tract Map No. 31681-3, Andalusia Adopted: February 20, 2007 Page 3of 3 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 142 ATTACHMENT 1 VICINITY MAP NTS 1113 ATTACHMENT 2 A AmEREmX lF AZmMMWE 1/Y 6 SECIIMI n, OWNERS STATEMENT E �g/E�Ym�j � IEp��ME"{��r � �A �pW� �grR�W�Iw� M wD d'idii`MNx&'riE i0 Yf" IWr iIIEET YO MHI[A bMOII RTWI.�'aml'.T /o Maumm Mwma �p3ETW�'prpglwf��gWmm�W'Tid3 Yv.'t�A 1WotW'��m tp�g mWE motes Mw PW WRI WE A9��6YY YWFW aWY f�i�EINIR YE MAY BEC�np •S'• �jt� pWyTAp 1"p�IBt"Wf�1M�Yw�°�"1'pgK`°Ep 1pI91Np,°p1¢�k°p!Wpa'SM,utE. 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AVENUE 58 �>rN IAxs• �a•sA >N.•• FANG 2'IP N T FpOpLNN�Oy3)•• P ' FANID f 1 N' IP N .11 M /' IN NIgIN6 p1��D AM6nfifl TFE 135. p.A9T D .l4 ALfIDifD A9 NTf/A CO11 ADIFP 2)• SEC 2]. INI REF 8896-EWECC N LI mOF 2, 1CbR. SEC. 21 PER RNI f]9/]R9-T9 �. PEER �a fo' BE LIEPIIR 1 � Ym CI NO. 3IM-2 - p ri raaw�x ea !� li EG — TRACT MF 71W4 Fit Fi -9 w 1 �P�pypyp'I°I��.p E F 2MT t W. mIW O cl H LT O �WPItRENn • S LA Pm L Z N TR11G'P NO.i1lMA H I f b w w cc In w Z � 6 PA %" 4• x•P66NETp ' N' P X •Lp PE11NE�114 9 f/• 9EC�Si) 1/9S pMpyy�� p.r/gTApgyl E6I9LE IFDIf/9SOo' 1 6AR., NNaY•, BASIS OF BEARING PER RS 111/95 AVENUE 60 F 'y. 9µ 1K'6RAPHIC SCALE 1•-400' EWINEER'S WIES p iW 90O 120O f. i�55 [SyT � _sue I�� n NI M•Tif]E'A)•E15PEN1Yff/95 9EMN IEROM i9 NTHAM 2. • IyWWI�MF�Tm FAIID RONREW a m m 3 A[Il�ES9 0TERqMA1p3E I& MtRAL TAABIEEI) RR.�C 13191. r • �.EE. - AM/DRTWN1681-2 I63f-mlw S@ SITE 3.. S j1[L.SFL136]X3/T-fi fE�1RPL0 CB YIPEp RE 13191 9 3 pIT1E3R19��I�8I-MTEDALL S. S•EwEil� •I1N�}{gEy3p91�Tp•EeTEST� pP.C.EREe.• 321 �TLL DF TIE BIDE LD LT IIES IN LIEU OFTI FPONf CM6. Av[ ). IN DDppEEEEEVEppN1TR FT ABOVE n��P�EEEppMD��M�A��EpNSx,�I]9�EMNWT .,pE13T91 NTIfflA BY FAj CLLLm FON 6. IDATAI - RECORD DATA PEN PAPLFL wP W. NM81 PMB 179/l n- q 9. IMIA) - RECORD MIA PEA RS HIM. Ki AND AM to. NATAP . RECORD MIA PER TMCT W. WN W 50/12-13. 11. RDATAN • R110U MIA PEN AS ISMµSy.Eg, 12. g}�gpA�E�EIg 11pp AIDS TMLT_A'Qli61MT ff 9{J PPS}VIJ E�'4D,, 9 Ar ODIC 'A' BEET LOT 19. QIILEUU3..,TTE6IAFTGIO�NTIpCNDNIg911TPNILT DF.AA.MI D ➢ICATEO'�InE�RE"O11LA' AIWD' 04 p& fw E11 .LL VICINITY MAP 14. dw wGE EASE.I DEDI,;Am WREN. QR I6' ll•LESS SIIUNN oTNERNISEI PRIVATE WAIwH EA9flENT DIDIMTm MAIN xn 15�IWIMTE9 WN-YINILWR AMEW RI5M4 R IL]IM1SIED m mN. 1,5 IN M f 9mIVISION OF TNWT POD. MM -1 a N'J TAADV MG. „M 42 KL=IM-" REMAINDER REMAINDER O EASEETS p�N�IC'y OLg m {{syy Es EVA p WTFk mNF jo N3V�EpS s �TS NMMMg FpgM � yp NVN IAE 3N W,VE MO CY1N1+ £ o M. SEE SHEET 2 FOR BASIS OF BEARINGS AND ENGINEER'S NOTES OF MIFpMI.1 SHEET ] Q fE l E3 -3 iX NS1 0.YH ] FAST. SON - SEE SHEETII REMAINDER e qc GNMXIC SC/J.E f'4'N0' m 7w MIT w u 11 & '" ' I'D MA TRACT Nn. 69'' 1-Y A SMIVISIIM W A �IW W E In W SFLIIIM n. .11G ml- � — I -- s--M MI�lffi SEE SHEET 5 183 193 011.1RIIC W&E 1-50. 0 w 100 Iw M 185 sea 187 Me IWJ leg 190 191 LOT *A* AVENUE 60 I I A LOT 'C* OPEN SPACE 6.54 AC SEE SHEET 2 FOR BASIS OF BEARINGS AND ENGINEER'S NOTES MCM= 1,17 IN DE CITY w LA W A. '"" 6 RI6ER6]!. FATE w GLYMIA WEEP 5 OE 15 9NEEI8 TRACT NO. 31681-3 A MIUM6 AMIN E 19WR IOI V, iO%PI6bFIEgmIREµFRR ]W 58 N. LWIIIR6 SEE SHEET 6 Ir'I B 11 03 tu's'm3y� a f i 1 N' 11 I I 1 P I 1 I ONO % 174 V 1 �yP tl 011:0 .� 4, -Lit `ss y 175 g�y!o— Tt LOT 'C- 176 OPEN SPACE 6.6/ AC I II 1� r 1 I 1IA 1 G O I' �sm_et+9. 177 +dam \ 1 II \ 1 11g _ s 1 7 179 gY��yYSAi I Illy �ek�p I III I� II iso C[ w I R9AAOO ER '«•s I 6 . 161 I I I 1 I la I 182 ! y I I I I I mmmtawm I yy 5 I�A+1_R,grg1E --�� 183 I ASJ lk p- "" � IIII I ",_a_,t 184 SEE SHEET 4 IAAPHIC MALE 1-' EF SEE SHEET 2 FOR BASIS OF 0 w mo 15o BEARINGS AND ENGINEER'S NOTES 1,13 cla�E�a��aRc>� <=:ELidJI 11911:ILYEE3➢ Gip.�t�iS9•S� �l,6➢�l�CLE RSL.!_I:➢ECE�l:11!Z'➢BE33 li: tr9E �<Y Y5® dim®86E:Y® IL��E3:➢�!?I9 �!a C➢E7�➢�-1CYEFZI lli2.YEi[E313 Y:11l=ES Cla➢eu:➢Q�3f'E6 L l3�E� t£I:➢® !�L EIDf=E:➢lil�i lL➢ �l33®tiYil.'E! r�EEartEm.nE�l:s� C 13:➢[Z➢!3®EIIlE LE®E3➢R<��E� L^^FI3E!IE:➢�t�i➢ CQ=➢Ei�I:C£583� �[_-L➢E�ISCl�➢E3-R LI�:Y[�t-Y33am iJ+ ®E:T:lpY3f_d9 IJE�E3.'➢EES33f9F➢ !+_lE_A.LEZ'E.➢E�L:YfTR::IDI ©E3=➢mil=YIG➢Rt=•L➢ C.S➢E�3®l1z� I�EII?EL'E:➢REFl➢ILLY ! � E➢1383Q:➢l:YJI&lE!AfR ccr�aEm9l�'6E�� C E:CESlcl9 EE=Elif➢l�:➢ IX m CI)Y w " wra mmirt W NIYtltlIff.. 5)Alf OF MIF MIA WEE) ! OF t5 9 M TRACT N0. 31681-3 19EpIYI510x 6 1. ARI�ILIw2ZE IR W SELTIWI n. )p)W IM 8 W IIOO�e ) EASf. S.B.M. C.;y➢FE1B.:,�5E3� C�FZ7®tF� rL�L➢FS➢.�L�➢�i➢ t �13I➢lliE3fSll=YES LQ5Q9©t55 l�f.Z]l�tE3-➢� 14:EAi➢F3:➢�"Z�.�.Lll �Q-1FEd5f� li�F�ll:l=F9.SSiY f fI£t➢Ca➢�f➢ ■=.13:L��-TSB ." FLL7C_:39tID� LtiF�ILl➢F_13JIl=A➢ . _:L"Ti➢FZl�1Q➢WC.IA➢ L F�¢I.��IL"➢ aF�9�EF:i.9© oa»c�:au�[a➢ l:�F' 7�FffiPSFTZ➢ LF2➢!�'S➢�CY�YFI$➢ .=LL"➢FT➢L1�Q1➢ ■:LI�F��F-Ef1 4F' L'L"➢�® L�F3-➢�f�C➢ l� i.��l♦JL�' �IS_�FiF.:C.AY RE"DER 0 50 f00 00 1 \ OPEN SPACE 1.41 AC 166 j M�ly b j�y.e, _ Y I I y�l I Pa�e24n! 1 pI j 167 ins_ey I j 1 166 \I 169 I ¢ C II OPEN SPACE 6.51 AC e,l rv_e104 I 170 I fay I .4 i f7f y I I � 100- 172 1ex-* I I I I 16 p_M_ntR la f73 �—nvr�pyl I 174 SEE SHEET 6 4 SEE SHEET 2 FOR BASIS OF BEARINGS ANO ENGINEER'S NOTES 149 1X TE CITY 6 U CNRfA WQ W RI196IYE SAM 6 CALIRpRCA TRACT NO. 31681-3 A AWIYI5Ia W A WIN W E uz S WTIM V. TNWP 9AIM TK 1 FA51. 5E.N. SEE SHEET 6 11 1 1 m.l F 15 1 I B y I rAyR_�? m l g I I i rx•en hNye � \v. � I �v_r±d '1 I LOT 'AA' I OPEN SPACE 17 I to 4.65 AC A . A le I Iff 1 1S I !Aan,Q` js id 1!1 I I "r1YY F1.1 11 Lot R , 4• , r ALI .\ ` GOLF j i WELL SITE 0.50 AC z 21 @i P Ell, I, SEE SHEET 9 165 LOT 'H' �I OPEN SPACE 1.41 AC Au m e so' I I I II R13"DER WAPNIC SCALE 1-� a o w foo 55o I a_sig I SEE SHEET 2 FOR BASIS OF 165 BEARINGS AND ENGINEER'S NOTES SEE SHEET 6 i 1 1 1 1; I LOT ' OPEN SPACACE I 6.54 AC I I 'wl I rni I R' , 1 150 IX T CItt a LA MIIwA @ a YIYMMICE PAM a C"MMIA u T Y s 15 Mu,s TRACT NO. 31681-�P3 A MMDI1'ISIM a AM II W E In a =M V. � is �MwIK-1 , WT. 9 Y.N XF LOT 'AA" OPEN SPACE 4.65 ACit TO tl f NMI - AA MJFBEL; _ a 2 6�y 3 q 7 6 A b i S �y �y / I' yly/ tl ' m w ' va• m cwwm scALEwi I�rt0 A+' u o w AN Ieo v.r LOT •B' • f• GOLF COURSE 27.02 AC 194 ,,,s,,\ I WELL SITE a r 'w v.a' _1'�iT y (\� 0.58 AC e It of oil W 40 u 9 \\ Wo I : em sl bM i 40 .' «• i.a' it 'Y f0 N a Nip \ It m W a p � dlwJ I /� II II� J A. I I m' +•va.f; ymw_aEd°a' �s_md_ t 6It tll «. 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"Moon 0 50 100 150 15 ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.31681-3 OFFSITEIMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement') is made and entered into this day of , 20 by and between CORAL OPTION, I, LLC, a Delaware Limited Liability Company hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31681-3 (the "Tract") pursuant to the provisions of Section 66410, at 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. Imorovement Pians. 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 constrict 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 Subdividers 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. T.Zewlopm" SmAcm DM bnTD IGP MW Pmil bWO sBmcnm%SM%IM Mn pr"m a CoM Mo n TM 316814 M8aWWIDFFSITE 15 AB 159 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 heredRaments 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 T'� We p.M Se s Dlmwn De Pmenl Pl"jacb gmemen OMSIM w PM--Wl lM.0 Mn TM 316813 MEe1w OFFSITE Slktl t%el1 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 parlial 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, ;warrants i C U 9 T VewopmeM Sendces DlJev MsfomOlnnent Proleo gmrnen%WA%M In Propro`.none Mountain TM 31NI-3 MUusm0FFSITE SIA doe 3of7 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, at sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 3 2 T 1DeveloMent SeMcea DiNalonlDevebpmaM Pmlaab C eeman%1SJAZ5 s in PmprawX0oral Mountain TM 31681-3 Maalusun0FFSITE 8 Adoo —" J ^ 4 a T 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. Imorovement 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 Riaht 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. T1 wiowenl Se s D sronM)e bpmeM pmjed %"menUWAWAs in Pm WC" Mounb,n TM 31861-3 M"wiaWFFSITE SlA tloc G 3 5d7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. City of La Quinta 76-495 Calle Tampico La Quinta, CA 92253 760f777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Developer Address Coral Option I, LLC 141•05 f�aneho I.� Q►unta 47riye, La Quinta, CA 2253 By.6 r Y pa S Date Title: �� 1 � ET+Y By. Date Title: Reviewed and Approved: City Engineer Approved as to Form: Date City Attorney Date I GA T: ew1oi>mem Services DiNsbntDev Ment Pmpcb gmmentASIAlS1Ae in PmpmnrC Mou in TM 31661-3 M 1usm10FFSITE_SIkd0c 6 d 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia County of `i'C ! ✓"51 dt r ss., r l D f On 'rt hr to 14 S aw before me, I'► nd a LIV tifALT�� I �D'Ft4iV 1 l{L pA— Name am! Title of officer (e g., 'Jan6 Doe. Notary Publl personally appeared �r 60845 , me(s) of Slgmgs) personally known to me ❑ proved to me on the basis of satisfactory evidence Place Notary Seal Above to be the personof whose name(S'.)' is/are- subscribed to the within instrument and acknowledged to me that helsheAhey-executed the same in his/her44eir authorized capacity(ies'), and that by his/her/their- signature(o on the instrument the personV), or the entity upon behalf of which the personal acted, executed the instrument. WIT SS my hand anA official seal. Sgnalure o<Notary P bllc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another doc3wnt. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual / ❑ Corporate Officer — Titl1 ❑ Partner —[-]Limited ❑ ❑ Attorney in FaZeato ElTrustee El Guardian or C ❑ Other: Number of Pages: RIGHT THUMBPRINT OF SIGNERLN 01999 NaVoral NMary Assxaeon • 9350 De Sob Ava, P.O. Box 2J02 • Chals . CA 91313-2C • vmw aoralnoary.og Prod No 5907 Hoortler Cell Td ree 1-aJ69]88a2] 1 IS Exhibit A OFF -SITE SECURITY — TRACT MAP NO.31681-3 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Monroe Street Street Improvements $ 1,011,208 $ 1,011,208 Domestic Water $ 101,920 $ 101,920 Sanitary Sewer $ - $ - 6' Meandering Sidewalk $ 90,528 $ 90,528 Perimeter Landscaping and Wall $ 721,344 $ 721,344 Signing and Striping $ 11,134 $ 11,134 Avenue 60 Street $ 57,624 $ 57,624 6' Meandering Sidewalk $ 12,384 $ 12,384 Perimeter Landscaping and Wall $ 89,375 $ 89,375 Signing and Striping $ 1,339 $ 1,339 Totals $ 2,096,855 $ 2,096,855 Standard 10% Contingency $ 209,686 $ 209,686 Total Construction Cost $ 2,306,541 $ 2,306,541 Professional Fees & Plans, Design 10% $ 230,654 $ 230,654 Professional Fees, Const 10% $ 230,654 $ 230,654 Bond Amount 2,767,849 2,767,849 1G3) T.'DevelMMM SWAM DlNsianWevdoPeM Pr0jeG51AgraanentAS1XSiAs in ProgresslCoral Mountain TM 316813 AndaluSiaWFFSnE_SIA.doc 7of7 CITY of LA QUWTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.316813 ONSITEIMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 1 20 by and between CORAL OPTION, I, LLC. a DELAWARE LIMITED LIABILITY COMPANY hereinafter referred to as "Subdivider," and the City of La Quints, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31681-3 (the 'Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, 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. Imorovement 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 Gass 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. T �"IoMeM Semms DMabMDevN om Pmjed V4memem %SIA\ lM In Pm mulComl Mou n TM 3l Wl-3 A alusia IONSITE SIA.dm j s"J 107 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 T M)8w10 SM SeMma DlWabn "IoMeM PMj6o 9MemenMZIAlSIAs N Pmgmna C ml Mm Mln TM 31681.3 AM¢Ius1a\0NSITE SlA tl a 207 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City City may present a wriften demand to Subdivider's Surety for payment of said cash and Subdividers 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 Cii �ob performance of work or provision of materials under the terms of the warra0ty, wa T.OeWopmenl Sery Olviawnl wlopmenl PmpdaV,proamonblSWISIAa in Proprens Cony MounWn TM 31014 ArgeIm.%ONWE_SW.Eoo 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, at sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. A T.1DOVSI Snl S6n 8 DiWroMDe"1DPm M PMO"AgmemeM \SIAISIM m Progmw\CO Mounkin TM 31661-3 AndaImMONSITE_SI Oc - 1,704e7 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 attomeys' 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. 16. 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. T1 WlopmeM 36M 8 Di n%DewjWm m PmpdMgmwentASlAISIAe m Pmgr XComlM nWn TM 31NI-3A aWMONSITS_SIA Cog - t f"� 1 50T 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 Quints 78-495 Calls Tampico La Quints, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Developer Address CORAL OPTION, I, L'(9�dSSRenaho IaQu�nt� bnrc La Qui 92253 By. Date Title: �Y G �► r — By. Date Title: Reviewed and Approved: City Engineer Approved as to Form: Date City Attorney Date T 1D 4ment SeMoes Ml siont wlopment PmlerAslApieemeMA91MSIM ut PmmsmComl Moumin TM 31851-3 AnOeluslaWNSITE_SlA. oG S a 7 17' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of l ✓(.V`a4 � On i'B bran, S, AK, before me, Date n personally appeared Z�Prsonally known to me proved to me on the basis of satisfactory evidence to be the person whose namef&Y is/ofe-- subscribed to the within instrument and acknowledged to me that he/sheAheq executed the same in his/hedtheir authorized capacity(W, and that by his/boi;4hefr— signature(4on the instrument the person(,$); or the entity upon behalf of which the personV4 acted, executed the instrument. WIT 'SS my hand dff i oal seal. 1/ttt-� Place Notary Seal Above Sign re of Notary ItuNic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another-40cument. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual / ❑ Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑ ❑ Attorney in Fact ❑ Trustee ❑ Guardian or ❑ Other: Signer Is Number of Pages: RIGHT THUMBPRINT OF SIGNER 01999 Na9onel Notary Aasoclatlon • 9a50 a Soto Ave, PO Boa 2002 • ClaSvroM, CA 9101 &2102 • vmwnetwnalroteryor9 Pm . No 5907 e9aEer call Td F. t� 173 Exhibit A ON -SITE SECURITY — TRACT MAP NO.31681-3 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Rough Grading/PM101SWPPP $ 61,425 $ Street $ 1,088,125 $ Storm Drain $ 197,208 $ Concrete (Streets) $ 471,918 $ Domestic Water $ 718,855 $ Sewer $ 455,180 $ Dry Utilities $ 396,000 $ Basin Landscaping $ 43,000 $ Monumentation $ 53,286 $ Totals $ 3,484,996 $ Standard 10% Contingency $ 348,500 $ Total Construction Cost $ 3,833,496 $ Professional Fees, Design 10% $ 383,350 $ Professional Fees, Const 10% $ 383,350 $ Bond Amount $ 4,600,195 T.1Daw]Wmenl Semwa DlNsioMDawlopmenl PmjedsIA9m0MeMaISIAI5IAe In Prop,an`Dual MmMnn TM 31801-3 AMaWakIANSITE_SIA tloc 707 1"414 Twf ot 4 a" COUNCIL/RDA MEETING DATE: February 20, 2007 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of Final Parcel Map No. 34766, Sue Leidner, California Reconveyance Company AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council granting conditional approval of Final Parcel Map No. 34766, Sue Leidner, California Reconveyance Company. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 34766 is generally located south of Airport Blvd and west of Monroe Street (Attachment 1). This residential development will consist of 2 parcel lots; on approximately 0.53 acres (Attachment 2). At a Directors Hearing on August 16, 2006, the Community Development Director approved Tentative Parcel Map 34766. The developer has requested the City Council's conditional approval of the Final Map (Attachment 2) which will allow 30 days for completion of its processing. The Final Map is technically complete and is being routed for signatures. It is expected that all signatures will be in place within the time allowed for its conditional approval. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map. The approval is contingent upon receipt within 30 days (March 22, 2007), of a technically correct Final Map, suitable for recording by 1 ' 73 the County Recorder, with all required signatures (except the City Clerk). Once the map is received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If the required item is not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Adopt a Resolution of the City Council granting conditional approval of a Final Map for Parcel Map No. 34766, Sue Leidner, California Reconveyance Company; or 2 Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 34766, Sue Leidner, California Reconveyance Company; or 3. Provide staff with alternative direction. Respectfully submitted, 4im othy nas P.E. Public W Dire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Final Map RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP NO. 34766, SUE LEIDNER, CALIFORNIA RECONVEYANCE COMPANY, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Parcel Map 34766 is conditionally approved provided the subdivider submits all required items on or before March 22, 2007. Resolution No. 2007- Sue Leidner, PM 34766 Adopted: February 20, 2007 Page 2 of 3 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative parcel 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 requirement to the City Engineer's satisfaction. A. Finalize the Final Parcel Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on March 22, 2007. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of February, 2007, 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 173 Resolution No. 2007- Sue Leidner, PM 34766 Adopted: February 20, 2007 Page 3 of 3 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 ATTACHMENT 1 V (Bad( 9VZxg££Zx00L l I Bd('Z00099L4£ dew laoied V3 10 ATTACHMENT 2 (Bed[ ql Z%9££ZXOOL0 Bd(' 190099LY£ dew lowed 131 COUNCIL/RDA MEETING DATE: February 20, 2007 ITEM TITLE: Acceptance of Off -Site Improvements Associated with Tract Map No. 29053-3, Fiore at Renaissance, Trans West Housing, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept off -site improvements associated with Tract Map No. 29053-3, Fiore at Renaissance, Trans West Housing, Inc. and authorize staff to release performance securities upon receipt of warranty securities. FISCAL IMPLICATIONS: Acceptance of the off -site improvements will impact the General Fund as follows: Landscaping and storm drain maintenance is estimated to be $3,100 annually, which will be included in the Landscape and Lighting district in Fiscal Year 2007/2008. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 29053-3, Fiore at Renaissance, is located on the north side of Avenue 50 approximately %of a mile to the west of Jefferson Street (Attachment 1). The improvements include curb & gutter, sidewalk, curb ramps, storm drain, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement and the Conditions of Approval have been satisfied. Attachment 2 indicates the amount of the warranty security. 132 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the off -site improvements associated with Tract Map No. 29053- 3, Fiore at Renaissance, Trans West Housing, Inc. and authorize staff to release performance securities upon receipt of warranty securities; or 2. Do not accept the off -site improvements associated with Tract Map No. 29053-3, Fiore at Renaissance, 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, A'�_ n �FAothy R. I o asso P.E. Public Works irec /City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security 133 ATTACHMENT - 1 TRACT MAP No. 29053-3 FIORE AT RENAISSANCE iY 111 ;j 114104C+o u CAXNM As" N 50 LA QUKrA INDIO LA QUINTA 31 VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: February 20, 2007 o¢ ITEM TITLE: Acceptance of Off -site Improvements Associated with Tract Map No. 29053-3, Fiore at Renaissance, Trans West Housing, Inc. 3 S 5$ �7 .P APPLICANT: Ms. Jennifer James — Trans West Housing, Inc. ATTACHMENT - 2 TRACT MAP No. 29053-3 FIORE AT RENASSIANCE OFF -SITE IMPROVEMENTS Performance 1. Performance Security shall be released immediately upon City Council acceptance. 2. Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3. WARRANTY SECURITY shall be received by the City prior to being placed on the agenda for City Council. WARRANTY SECURITY CITY COUNCIL MEETING: February 20, 2007 04 O ITEM TITLE: Acceptance of Off -site Improvements Associated with Tract Map No. 29053-3, Fiore at Renaissance, Trans West Housing, Inc. 5 APPLICANT: Ms. Jennifer James —Trans West Housing, Inc. 135 security' Improvement Description Labor 8 Materials Current Amount Proposed Reduction WARRANTY AMOUNTS Ave 50 Street $299,550 $299,550 90% $29,955 Water Improvements $25,690 $25,690 90% $2,569 Grading $350 $350 90% $35 Utilities $20,000 $20,000 90%$2,000 Traffic Signal (Lot "P' &Ave 50, 50%) $60,000 $60,000 90% $6,000 Perimeter Landscaping $18,750 $18,750 90% $1,875 Perimeter Blockwall (6ft high) $37,500 $37,500 90% $3,750 Monumentation $0 $500 100% $0 Standard Contingency 10% $46,180 $46,230 100% $0 Professional Fees, Design 10% $50,800 $50,860 100% $0 Professional Fees, Construction 10% $50,800 $50,860 100% $0 No Plans Contingency 25% $127,010 $127,140 100% $0 Totals $736,630 $737,430 — $46,184 COUNCIL/RDA MEETING DATE: February 20, 2007 ITEM TITLE: Authorization for Overnight Travel for the Public Works Director to Attend the 2007 Public Works Officers Institute to be Held in Monterey, California, March 13, 2007 through March16, 2007 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for the Public Works Director/City Engineer to attend the Public Works Officers Institute to be held in Monterey, California, March 13, 2007 through March 16, 2007. FISCAL IMPLICATIONS: The Fiscal Year 2006/2007 Budget has allocated funds for travel, training and meetings for staff. Attendance at this conference is estimated to be $1,363 based on the following costs: Registration = $480 Hotel (3 nights) = $258 Meals = $225 Travel = $400 Total $1,363 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The League of California Cities Public Works Officers Institute gives public works professionals from around the state the opportunity to discuss challenges and opportunities in the field of public works management. The Institute will be held March 14, 2007 through March 16, 2007 in Monterey, California. If approved, the Public Works Director/City Engineer will attend this conference. 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 Public Works Director/City Engineer to attend the Public Works Officers Institute to be held in Monterey, California, March 13, 2007 through March 16, 2007; or 2. Do not authorize overnight travel for the Public Works Director/City Engineer to attend the Public Works Officers Institute to be held in Monterey, California, March 13, 2007 through March 16, 2007; or 3. Provide staff with alternative direction. Respectfully submitted, Jlothy R. J n sso P.E. Public Works erect r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. League of California Cities, Public Works Officers Institute Program Description L LEAIGUE IA CITIES Attachment 1 Leadership 7 PUBLIC WORKS Through OFFICERS IT'S T ITUTE Learning Wednesday, March 14 - Friday, March 16, 2007 Hyatt Regency, Monterey Who Should Attend ➢ Public Works Directors and Assistant Directors ➢ City Engineers and Assistant City Engineers ➢ County Engineers and Assistant County Engineers ➢ Members of CEAC 'Ibis Institute will be held in conjunction with the annual meeting of the County Engineers Association of California (CEAC) and offers a great . opportunity to network with your county engineer. ACT NOW Housing and Registration Deadline: Wednesday, February 21, 2007 *Online at www.cacities.orF/events r r ¢ 3 *Fax the Registration Form Mail the Registration Form 133 Wednesday Warch 14, 2007 PLEASE NOTE: Session times, titles, and topics are subject to change. Registration and CityRooks Open 8:30 a.m. - 5:00 p.m. Opening General Session 10:15 -11:45 a.m. Stuff Happens (And Then You Fix It!) In the urban world, "STUFF" always happens. With humor and style, John Alston motivates, inspires and instructs, while infusing a spirit that encourages people to apply character, decency and common sense when "Stuff Happens." John stresses accountability, personal performance, and a no -more -excuses approach for dealing with changes, challenges, and contingencies in his powerful and entertaining presentation. Presiders: Anthony Nisich, Director of Public Works, City of Santa Barbara Mike Crump, Director of Public Works, Butte County Speaker: John Alston, President, John Alston Presents, Inc., Los Angeles General Luncheon Noon —1: 30 p. m. Concurrent Sessions — Round One 2:00 - 3:15 p.m. Session 1: Consultants/Contractors — Encouraging Proposals and Bids How do I make my agency competitive in a bidders market? Receive tips from the contractor perspective on how they decide which agencies they want to do business with. Then listen to the other side. Presider: James Ross, Executive Director, Public Works Agency, City of Santa Ana Speakers: John Janacek, Vice President, Preconstruction/Estimating, C. W. Driver, Pasadena Mike Kashiwagi, Public Works Director, City of Elk Grove Session 2: Design and Development of Sustainable Communities Public works departments are accustomed to providing public facilities and high quality public services for our existing communities. California's population growth will continue to strain our ability to provide the high quality of life expected throughout the State. Learn what cities and counties are doing to create sustainable communities and how your public works department can meet the challenges of tomorrow. Presider: George Johnson, Transportation Director, Riverside County Speaker: Allen Folks, PrincipaWice President, EDAW, Sacramento Session 3: Growing Your Own Successors We are all aware that succession planning and finding competent professionals will be a major challenge for our organizations in the near future. Learn about specific strategies that can be used to hire and retain engineers, as well as identify and grow aspiring managers in your organizations. Listen to tangible steps that public works officers can use to support high potential employees who provide the next generation for our cities. Presider: Lisa Rapp, Director of Public Works, City of Lakewood Speaker: TBD IS3 Wednesday %arch 14, 2007 PLEASE NOTE: Session times, titles, and topics are subject to change. Concurrent Sessions — Round One (continued) 2:00 - 3:15 p.m. Session 4: Selling for People Who Hate to Sell — Communication Skills for Success (Repeated at 3:45 p.m.) Do policy makers and citizens' eyes glaze over when you deliver your reports? Would you like to be more effective and memorable? Would you like to shorten your presentations and enjoy delivering them more? In this session, discover how to get your message across in 30 seconds or less; where to target your message for maximum impact; and how to deliver your message m a manner that inspires support and action! Presider: James Biery, Director of Public Works/City Engineer, City of Buena Park Speaker: Brigid McGrath Massie, M.B.A., Business Consultant and Speaker, Salinas Concurrent Sessions — Round Two 3: 45 - 5: 00 p.m. Session 1: Americans with Disabilities Act (ADA) Update Find out about the latest colorful handicapped ramps in compliance with Federal and State ADA regulations, transition plan, and related local and state agencies responsibilities in connection with any street improvement projects. Many cities and counties may be in violation of ADA regulations and may not be aware of it. Find out more in this session. Presider: Dale Pfeiffer, Public Works Director, City of Vacaville Speaker: Elroy Kiepke, Vice President, Wildan, Los Angeles Session 2: Cross Department Emergency Planning Integration of public works functions with your city's Emergency Operations Plan requires advance planning and active participation. The "traditional" public safety emergency responders, police and fire, often secure from an emergency once immediate threats to public health and safety are removed. Public works personnel stay "on the scene" until the infrastructure is returned to a pre-existing condition. Listen to a panel of experts address the aftermath of an emergency. Presider: Randy Breault, Director of Public Works/City Engineer, City of Brisbane Speakers: Dr. Alvaro Garza, Deputy Health Officer, San Mateo County Dr. Fred Abadi, Director of Public Works, City and County of San Francisco Richard Evans, Director of Public Works (Retired), City and County of San Francisco Session 3: Legal Updates (Repeated Thursday at 3:00 p.m.) Legal news and views from 2006: A survey of new statutes, cases, and legal issues from the past year affecting public works. Presider: Ken Montgomery, Director of Public Works, City of Laguna Niguel Speaker: Darold Pieper, City Attorney, City of Vista Wednesday March 14r 2007 PLEASE NOTE: Session times, titles, and topics are subject to change. Concurrent Sessions — Round Two 3:45 - 5: 00 p.m. Session 4: Reinventing the Organization and Structure With cities facing increased capital improvement budget shortfalls, public works departments are being asked to deliver more with less money and resources. Explore how public works officials can structure their municipal engineering organizations for maximum efficiency. Structures and staffing strategies will be reviewed for their strengths and shortcomings including a comparative analysis of in-house and out -source design approaches plus the overall feasibility of using temporary or regular employees. Leave with approaches for achieving buy -in successfully. Presider: Uche Udemezue, Director of Engineering and Transportation Department, City of San Leandro Speakers: Keith Cooke, Principal Engineer, City of San Leandro Ken Joseph, City Engineer, City of San Leandro Session 5: Selling for People Who Hate to Sell — Communication Skills for Success This is a repeat of the 2:00 p.m. Session 4. Presider: James Biery, Director of Public Works/City Engineer, City of Buena Park Speaker: Brigid McGrath Massie, M.B.A., Business Consultant and Speaker, Salinas Welcoming Reception — Joint with County Engineers 5:30-7:00 p.m. Enjoy good company and networking with your colleagues before selecting a nice restaurant for dinner in Monterey. 191 Thursday March 15, 2007 PLEASE NOTE: Session times, titles, and topics are subject to change. Registration Open 730a.m. -Noon CityBooks Open 7:30 a.m. - 3:30 p.m. Informal Networking Breakfast 8: 00 - 8:45 a.m. Relax and share ideas while networking. General Session 9: 00 - 9:45 a.m. Statewide Transportation Issues Listen to leading experts in the field of transportation provide the status of transportation for cities, counties, and the state. Presiders: Anthony Nisich, Director of Public Works, City of Santa Barbara Mike Crump, Director of Public Works, Butte County Speakei\ A Caltrans Representative invited General Session 10:00-11:00 a.m. CalPERS —,What It Means to You and Your Staff hat ar a of the changes coming to the California Public Employment Retirement System (CalPERS)? What are some options you may have? How could it benefit your city or county? Listen to a CaIPERS expert bring you up to date with the latest information. Presider: Tony Antich, City Engineer, City of Santa Monica Speaker: Kenneth Marzion, Assistant Executive Officer, Actuarial and Employer Services Branch, California Public Employees' Retirement System, Sacramento Concurrent Sessions 11:15 a.m. —12:30 p.m. Session 1: Illegal Dumping and Litter Control Illegal dumping has reached epidemic proportion in cities and counties. Regardless of why the problem is getting so bad, the fact is that illegal dumping is costing local governments and the taxpayers tens of millions of dollars a year. This session will present the findings of the Statewide Illegal Dumping Task Force and highlight some of the best practices in curbing illegal dumping in cities and counties. Presider: Birgitta Corsello, Resource Management Director, Solano County Speakers: Ken Stuart, Consultant, California Integrated Waste Management Board, Chair of the Statewide (legal Dumping Task Force, Sacramento Bill Mannel, Solid Waste Manager, Butte County Thursday 9larch 15, 2007 PLEASE NOTE: Session times, titles, and topics are subject to change. Concurrent Sessions 11:15 a.m.—11:30p.m. Session 2: Teambuilding for Maintenance The maintenance team -is a key element in a public works organization. Issues with the team's interaction are often unknown to, or overlooked by, public works directors. Explore ways to improve performance and enjoyment of work by the maintenance team. Good teambuilding processes can be key to fostering change and to minimize resistance. Heighten your awareness by receiving a "report from the trenches". Presider: Pattie McNamee, Deputy Public Works Director, Contra Costa County Speaker Adele Ho, P.E., Public Works Director, City of San Pablo Marilyn Manning, Ph.D., Chief Executive Officer, The Consulting Team, Mountain View Session 3: Telecommunications Changes — Project Lightspeed As Congress is wrestling with the reauthorization of the 1996 Telecommunication Act, California has just granted telephone companies a statewide franchise to provide video services using the Internet Protocol, code named project "lightspeed". What does all of this mean to public works officials? Will you be able to continue to control our right of ways? Will you be able to continue to get free cable services to your buildings? Explore the issues being debated in Washington, D.C. and the impacts of project "lightspeed" on cities and counties. Presider: Rachel Lenci, City Engineer, City of Walnut Creek Speakers: Lori Panzino-Tillery, Division Chief, Franchise Programs, County Administrative Office, San Bernardino County Paul Valle-Riestra, City Attorney, City of Walnut Creek Session 4: Traffic Calming and Roundabout Myths Learn the guidelines for installing traffic calming measures including design features, authority to install, and community involvement. Roundabouts are one option. Explore the best practices for traffic calming based upon a 2004 national survey, 10 citywide programs and 25 neighborhood plans. The discussion will include trends in plan development, legal issues, maintenance, emergency services, and staffing. In short, fmd out what is working (and not working) with respect to the implementation of traffic calming. Presider: Mike Crump, Public Works Director, Butte County Speakers: George Alvarez, City Engineer, City of Santa Ana Steve Brown, Principal, Fehr & Peers, Irvine General Luncheon 12: 45 -1:30 p.m. Presentation of James L. Martin Award A special comedy routine with two special entertainers. 2:30 - 3:00p.m. r 193 Last Chance to Shop at CityBooks Thursday Warch 15, 2007 PLEASE NOTE: Session times, titles, and topics are subject to change. Concurrent Sessions 3: 00 - 4:30 p.m. Session 1: Developing Good Working Relationships To Succeed How can city managers and department heads work together to help improve the mutual support needed in a highly political environment? Your success as a public works director has much to do with having an effective relationship with your city manager as well as the council. Learn how to enhance these relationships and leave with valuable and practical tips. Moderator/Speaker: Ralph Qualls, Jr., Director of Public Works, City of Cupertino Speakers: James Ross, Executive Director, Public Works Agency, City of Santa Ana Cathy Sandiford, Assistant City Manager, City of Santa Ana Session 2: Current Overview on the Stormwater Front As a public works director, protecting and enhancing water quality comes with the territory. Stormwater programs are complex and cannot be understood nor assessed without sufficient knowledge of NPDES compliance regulations, including permits, Basin Plans, 303(d), and TMDLs. Increasing your knowledge of this ever changing field will help you make good decisions regarding stormwater and non-stormwater runoff management. Presider: Lisa Rapp, Director of Public Works, City of Lakewood Speaker: Richard Watson, President, Watson and Associates, Mission Viejo Session 3: Legal Updates Repeat of Wednesday, 3:45 p.m. Session 3. Presider: Ken Montgomery, Director of Public Works, City of Laguna Niguel Speaker: Darold Pieper, City Attorney, City of Vista Session 4: Personal Health and Wellness Are you over -stressed and under -active? Would you like to sleep better, increase your energy, and be more alert at work and more fun at home? Learn what your state of health is, what is important to you about your health/fitness and how you can successfully make changes to improve your health, fitness and your quality of life! Moderator and Speaker: Uche Udemezue, Director of Engineering and Transportation Department and Certified Fitness Instructor, City of San Leandro Speaker: Carolyn Knudtson, Recreation and Human Services Director, City of San Leandro Evening free for dinner with colleagues 194 Friday 9Karch 16, 2007 PLEASE NOTE: Session times, titles, and topics are subject to change. Breakfast Networking Groups 8:00-9:15am. Closing General Session 9:30—11:00am. The Balance of Life — Personal and Professional Meeting deadlines, dealing with employees and contractors is just part of the stress creating "wear and tear" on our bodies. What do you do to diffuse the tension? Does it carry over into. your personal life? Find out how to achieve some balance along a humorous road. Presider: Anthony Nisich, Director of Public Works, City of Santa Barbara Featured Speaker — Colin McKechnie Consultant and Speaker Turlock Adjourn 11:00 a.m. 193 (Lou (Lou Q\ COUNCIL/RDA MEETING DATE: February 21, 2007 ITEM TITLE: Denial of Claim for Damages Filed By: Michael Morein, Date of Loss: January 19, 2007 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Michael Morein, with a reported date of loss of January 19, 2007. FISCAL IMPLICATIONS: The total amount of the claim was for $823.00. CHARTER CITY ]IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Michael Morein with a reported date of loss of January 19, 2007, (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council dens the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by Michael Morein with a reported date of loss of January 19, 2007; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Joholuiz, rson el/ ' k nager Approved for submission by: � T Thomas P. Genovese, City Manager Attachment: 1. Michael Morein, Claim for Damages 197 01/14/2007 FED 11:26 FAb 760 777 7107 La Quinta. City Clerk T. i ATTACHMENT 1 FILEwnR CLAIM FOR DAMAGES RESERVE FOR HUNG STAMP OTY CLERKS OFFICE TO PERSON OR PROPERTY 1wnb LaQuidte,CA82253 24 PF1 1 35 uasrRucTloNs . 1. 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"�J Titvl 4 XP Q" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: March 20, 2007 BUSINESS SESSION: ITEM TITLE: Approval to Appropriate Funds from the Maintenance Facility Development Impact Fee (DIF) and CONSENT CALENDAR: Approval of a Professional Services Agreement (PSA) STUDY SESSION: with PB Americas, Inc. for the Maintenance Yard Master Plan, Project No. 2006-05 PUBLIC HEARING: RECOMMENDATION: Appropriate $12,923 from the Maintenance Facility Development Impact Fee Fund (DIF) and authorize the City Manager to enter into a Professional Services Agreement (PSA) with PB Americas, Inc. in an amount not to exceed $87,923 for the Maintenance Yard Master Plan, Project No. 2006-05. FISCAL IMPLICATIONS: The Fiscal Year 2006/2007 Capital Improvement Plan (CIP) budget and Maintenance Facility DIF contains $75,000 for the Maintenance Yard Master Plan, City Project No. 2006-05. An appropriation of $12,923 from the Maintenance Facility DIF will be necessary for this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 7, 2006, City Council approved the Request for Proposals (RFP) to obtain architectural engineering design services to prepare a master plan and preliminary site plan for the City's Maintenance Yard Master Plan, Project No. 2006- 05, and appointed a selection committee. Four proposals were received in response to the RFP. The selection committee interviewed all four consultants on January 19, 2007. After conducting appropriate background checks, the selection committee recommends City Council approve a PSA (Attachment 1) with PB Americas, Inc. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appropriate $12,923 from Maintenance Facility DIF and authorize the City Manager to enter into a Professional Services Agreement for with PB Americas, Inc. in an amount not to exceed $87,923 for the City's Maintenance Yard Master Plan, Project No. 2006-05; or 2. Do not appropriate $12,923 from Maintenance Facility DIF and do not authorize the City Manager to enter into a Professional Services Agreement with PB Americas, Inc. in an amount not to exceed $87,923 for the City's Maintenance Yard Master Plan, Project No. 2006-05; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. J.0assoy�( P.E. Public Works Direcf r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1, Professional Services Agreement with PB Americas, Inc. 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 PB Americas, Inc. (Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to master planning services, 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 applicable ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work and Standard of Work. a. 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. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, services provided by Consultant will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the Consultant's profession currently practicing in the same industry under similar conditions. 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 Eighty seven thousand nine hundred twenty-three dollars ($87,923) (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 .n n 20 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 thirty (30) days from the date the invoice is received by the City. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. To the extent delays are caused by delays in city review, time periods are extended. 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 amended agreement shall commence on March 5, 2007 and terminate August 31, 2007. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full :04 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: Mark J. Probst 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 Jonasson, 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 .t. C,� 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 all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. 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 negligent 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. General Indemnification Provision. 1. 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 claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, 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 20 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. 2. 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, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the negligent 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. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein 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 herein, 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 herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. 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 due to negligence of Consultant, its employees, officers, agents, subcontractors, or anyone acting on behalf of or under the control or direction of Consultants.. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 4. 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 require 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 with these 212 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 jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 14 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, except that the parties agree to waive the right to recover their consequential damages or lost profits from each other. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. n » 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: PB Americas, Inc. Attention: Mark J. Probst, RA 11757 Katy Freeway, Suite 600 Houston, Texas 77079 pis 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 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, CIVIC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: PB Americas, Inc. By: �XJ Name: Khalil Saba Title: Assistant Vice President Date: 7 J J l ;;;ae)-7 Exhibit A Scope of Services As directed by City staff, PB Americas, Inc. shall provide master planning services for the City as outlined in the attached Exhibit A - Scope of Services dated February 20, 2007. Exhibit A Scope of Services February 20, 2007 The following is a detailed outline of the PB Team's technical approach to developing a state-of-the-art Maintenance Yard Facility to support La Quinta's current and future needs. The approach is divided into tasks with each task being described with an objective, the work elements to be accomplished, the deliverables, and' estimated out-of-town travel. Note that only services related to Master Planning are addressed here. After approval of the master plan and estimated construction cost budget, the PB Team can develop detailed construction documents and provide assistance through bidding and construction. The specific scope and fees for these services can be developed based on the approved layouts and budget. Assumptions/Understanding The following are mutually understood between the PB Team and the City: The City will provide available information on the site showing boundaries, topography, utility locations, easements, and any other restrictions. The PB Team can rely on the accuracy of this information, which will be used to create a base map of the site for use in developing the master plan. It is understood that an accurate survey will be required for detailed design and that discrepancies, if any, between the site information provided by the City and the detailed survey could impact the master plan layout and construction cost estimate. 2. Schedule for the study will be as shown in the project schedule in this proposal. 3. An Environmental Assessment has not been included in the scope of this project. If, however, it becomes necessary, the PB team can provide these services as an additional service. Per the City, any required environmental work will be part of detailed design in the future. It is understood that the construction cost estimate developed as part of this master planning effort will not include remediation of any hazardous materials or other conditions that may be identified as a result of an environmental assessment conducted in the future. 4. Geotechnical investigation is not required. Per the City, this work will be done in conjunction with the detailed design in the future. It is understood that the results of a future geotechnical investigation may adversely impact the construction cost estimate developed as part of this master planning effort. 5. The maintenance yard and amenities must meet all applicable local, state, and federal laws, rules, and regulations including hazardous materials handling & storage, equipment wash pad, and Americans with Disabilities Act Guidelines. 6. The master plan will consider future development within the City's existing boundaries and is not intended to include the annexation of Vista Santa Rosa. 7. Information regarding future staffing levels will be provided by the City. Exhibit A — Scope of Services (February 20, 2007) Page 1 ,�l 8. Information on the existing and projected vehicle and equipment fleet will be provided by the City. 9. Phasing options will be considered to accommodate projected funding availability. 10. The master plan / conceptual design will include site and floor plans. Building elevations, building sections, and renderings are not included, but can be provided as an additional service. TASK 1: Proiect Management (li Objective: To provide a high quality maintenance yard master plan that will meet the City of La Quinta's current and projected needs. Work Elements: Conduct a project kick-off meeting with the PB Team and key La Quinta staff who will participate in the project. The purpose of the meeting will be to: • Establish clear lines of communication. • Review the scope of work and project schedule. • Clearly define project goals and objectives. • Identify the staff to be involved in the interview process. 2. Develop and maintain a project schedule listing all tasks and parties involved in the project with estimated start and completion dates. The schedule will be updated on a regular basis. 3. Schedule and coordinate periodic project status meetings including: • Identifying appropriate participants for each meeting. • Developing (with appropriate City input) and distributing agenda prior to meetings. • Developing and distributing minutes for each meeting. 4. Prepare and submit monthly progress reports. Each report shall include an updated schedule, summary of tasks in progress and completed, and projected tasks to be accomplished in the next month. 5. Coordinate with various groups responsible for review at specific stages. 6. Provide deliverables in digital format where appropriate. Deliverables (Task 1): • Project Schedule • Meeting Agendas • Meeting Minutes • Monthly Progress Reports Estimate Travel (Task 1): Included in Task 2 Exhibit A — Scope of Services (February 20, 2007) Page 2 n n TASK 2: Needs Assessment Objective: To review and evaluate the functional requirements of the Maintenance Yard as input into the planning/design process which will ensure a facility that responds to the current and future needs of the City of La Quinta. Work Elements: Operational Requirements The first step in the planning/design process is to identify the functional requirements and operational characteristics of the proposed facility. This will involve active participation of the City staff in a series of in-depth interviews over a two to three day period. The PB Team will: Develop a questionnaire to be completed by the City staff prior to the interviews. 2. Assist in identifying the staff to be involved in the interview process. The RFP identified the following people that would be interviewed: • Public Works Director • Maintenance Services Division Manager and key staff • Engineering Services / CIP Division Manager and Project Manager • Other Stakeholders (including Community Services Department, Building & Safety Department, and Code Enforcement). 3. Interview key staff personnel to determine functional requirements and operational characteristics for the functions to be located at the new Maintenance Yard. Examples of topics to be addressed during the interviews include: a. Service requirements including projected growth. b. Review the projected use of alternative fuels. Note: This does not include a detailed evaluation of alternative fuels and their impact on facility design. c. Review requirements for repair bays, shops, material storage, and other maintenance functions. d. Review vendor contracted activities and requirements. e. Review fueling, interior cleaning, and exterior cleaning requirements, if any on -site. f. Review existing preventive maintenance program to determine frequency of inspections and average time required for each. g. Review requirements for radio and electronics repairs. h. Review existing inventory control policies, procedures, and techniques to determine parts storage requirements. This will include a review of various storage systems available for parts storage. i. Review facility maintenance requirements that may affect material selection, plumbing, electrical, heating, ventilation, and air conditioning. 4. Review site and building security requirements. Exhibit A — Scope of Services (February 20, 2007) Page 3 t* r9 i 5. Review relationships between functional areas. 6. Review fleet size, mix, and projected growth. 7. Review current and projected staffing plans and labor agreement(s). 8. Research regulatory requirements surrounding street sweeping operations and gather information from other city street sweeping operations regarding design, cost, and ongoing maintenance. Review of Similar Facilities 9. The PB Team can organize a two-day field trip with the design team and the client to visit similar facilities and identify characteristics to be included in the new facility. These visits will help establish a common frame of reference for the client and design team. Note that the cost for this field trip is not included in the fee proposal. Space Program Based on the interviews, a detailed space program will be developed which will: 10. Identify functional areas to be located at the new Maintenance Yard. 11. Identify space requirements for all administrative, maintenance, and operations functions in the project including: a. Requirements for offices, mechanic areas, and crew areas. b. Quantity, size, and type of repair bays. c. Requirements for all shops. d. Requirements for parts storage and warehousing. e. Storage requirements for tool boxes and portable equipment. f. Requirements for mechanical and electrical support space. 12. Identify parking requirements for client vehicles (enclosed, canopy covered, outdoor), employee, visitor, and delivery vehicles. Draft Design Criteria Document The criteria to be used in the design of the new Maintenance Yard must be developed for the City's approval. The PB Team will: 13. Prepare Draft Design Criteria Document to include space program and criteria resulting from client interviews, on -site observations, and the design team's extensive experience in the design of Maintenance Yards. The Design Criteria Document will include information on staffing levels, current and projected operations, a narrative of daily operations, site requirements, and specific requirements for each functional area. The Design Criteria Document will also identify preliminary functional requirements for building systems including architectural', structural, mechanical, electrical, and plumbing such as: a. Clearance requirements (doors, aisle widths, overhead) throughout the project. b. Floor, wall, and ceiling finishes. c. Functional areas and equipment items within each area to be included on an emergency power system. Exhibit A — Scope of Services (February 20, 2007) Page 4 3 2 2 d. Lighting levels and type of lighting for all exterior areas and each functional area within the maintenance building. e. Lubrication and compressed air system requirements. f. Ventilation requirements for each functional area including offices, repair bays, maintenance shops, welding, battery, paint areas, chassis wash/component clean, pits, and storage areas. g. Drainage requirements for floor washdown, waste oil, waste coolant, and spill containment. h. Minimum design temperatures for heating and cooling for each functional area. 14, Establish functional area relationships both between areas and between workstations within areas. Primary considerations to be industrial work flow, supervision, and safety. Diagrams showing these relationships will be included in the Design Criteria Document. 15. Identify major maintenance equipment items to be located in each functional area. 16. Assemble data on vehicles to be maintained. Include make and models, dimensions and weights, quantities, and operating characteristics. 17. Submit draft Design Criteria Document for the City's review and approval. The document will be finalized during Task 3. Maintenance Equipment 18. A major cost element in a Maintenance Yard is shop equipment. An inventory of equipment will be taken to identify equipment that can be reused in the new facilities. The inventory will be by functional area and will include description, quantity, manufacturer, model number, utility requirements and condition. Indicate which items are recommended for reuse. 19. Develop Preliminary Maintenance Equipment List based on the draft Design Criteria. Equipment shall be listed by functional area and include a description, price, quantity, dimensions, and general utility requirements for each equipment item. Incorporate equipment items identified as reusable on the Equipment Inventory. The Preliminary Equipment List will be reviewed with the client at the design session in Task 3. Proqramminq Level Construction Cost Estimate 20. Based on the space program and preliminary equipment list, a preliminary estimate of construction cost will be developed and reviewed with the City to assure that the projected facilities can be developed within the City's budget constraints. Deliverables (Task 2): • Draft Design Criteria Document, 12 copies. • Maintenance Equipment Inventory, 12 copies. • Preliminary Maintenance Equipment List & Cost Estimate, 12 copies. Estimated Travel (Task 2): Two people, 3-days for interviews and inventory. Exhibit A — Scope of Services (February 20, 2007) Page 5 rN ) tie TASK 3: Master Plan / Conceptual Design Objective: To ensure that the functional requirements, including circulation and proximity relationships, are appropriately addressed in the Master Plan / Conceptual Design. Work Elements: Alternative Conceptual Plans 1. Identify potential alternatives to meet the requirements established in the previous task. 2. Conduct a three day on -site design charrette working directly with the design team and the City to develop alternatives for site configuration and general building design. During this on -site process, alternatives will be reviewed by the user staff. Based on review comments, selected alternatives will be refined and presented for review. A final review meeting will result in a selected Conceptual Plan(s). 3. The site layouts will be developed with emphasis on: a. Circulation patterns for vehicles, equipment, materials and personnel that will provide the most efficient, cost effective, and safest maintenance operation. b. Ingress and egress routes that maximize safety and security and minimize vehicular and pedestrian conflict on and off the site. c. Site area relationships. Include mechanic and crew facilities, fuel and wash, maintenance facilities, vehicle parking, bad order (or down vehicle) parking, employee and visitor parking, and shipping and receiving. d. Coordination with Public Safety functional requirements and circulation needs. 4. The facility layouts will emphasize: a. Circulation patterns for vehicles, equipment, materials and personnel and their relation to site circulation patterns. b. Functional area relationships both between the various areas and between workstations within each area. c. Efficient industrial workflow, supervision, and safety. d. Develop an initial cost estimate based on the selected Conceptual Plan. Maintenance Equipment 5. Update the Preliminary Maintenance Equipment List based on the Conceptual Design. The updated list will be included in the draft Final Report in Task 4. 6. Update preliminary cost estimate for maintenance equipment. Final Design Criteria Document Review comments from the City on the draft Design Criteria Document. 8. Incorporate comments received from the staff and modifications that resulted from the on -site design process. 9. Update the space program to be consistent with the Master Plan / Concept Design. Exhibit A — Scope of Services (February 20, 2007) Page 6 , w 10. The final design criteria and master plan (site and floor plans) will be included in the draft Final Report in Task 4. Master Plan / Concept Design Quality Control 11. Coordinate operational and equipment related functional requirements during development of the Master Plan / Concept Design. Items to be addressed include: a. Clearances shown in building sections. b. Modifications to the design due to structural/architectural requirements. c. Turning radius, queuing space, and vehicle circulation. 12. Review the site and facility layouts for compliance with the approved design criteria and operational/maintenance concepts. Deliverables (Task 3): Alternative Site and Facility Sketches. Estimated Travel (Task 3): Three people, 3-days for on -site design session. TASK 4: Final Report and Presentations Objective: To document the master planning process and formally present the master plan recommendations. Work Elements: Reporting 1. Prepare a draft Final Report that documents the master planning process including the design criteria, equipment list and inventory, master plan (site plan and floor plans), and cost estimate. 2. Submit the draft Final Report for City staff review and comment. 3. Revise the draft Final Report based on review comments received from the City staff. 4. Submit the revised draft Final Report to the City Council for review and comment. See presentations below. 5. Finalize the Final report based on comments received from the City Council. 6. Submit the Final Report. 7. Presentations 8. Prepare presentation materials. 9. Make up to two (2) presentations to the La Quinta City Council to present the master plan. Deliverables (Task 4): • Draft Final Report, 12 copies. • Revised Draft Final Report, 20 copies. • Final Report, 20 copies and one PDF file. Estimated Travel (Task 4): Two people, two 1-day trips for presentations to City Council. Exhibit A — Scope of Services (February 20, 2007) Page 7 r` tl Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the attached Exhibit B — Schedule of Compensation for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Eighty seven thousand nine hundred twenty-three dollars ($87,923) except as specified in Section 1.6 - Additional Services of the Amended Agreement. Exhibit B Schedule of Compensation Febman•20. 2007 D-Ow Iwawl PB AMERICAS, INC. o f ipp a 8 b4 a1+950 VBIM yyS 3 Hwrry 6'a=g nne $ 20i 6] 5 1]301 S S $ 9D }5 Taak 1: Pmed Management fe 24 Teak 2: Needs Assessment Oueshonnaae 2 m _ _ P rammin Intelwews a S ace Pro ram a Dmft Desi n Cntena +n 00 Equipment lnventa 4 e Maintenance Equipment Ust4 a Cost F bmate Task 3: Mastar Plan l Conm ual Desi n F'. _ '_ ]2 -'—'Deli ]2 n Cllarre Develo Master Plan a a T2aintenanceE m ment ❑stU atez + CostEsbmate4aTaak a. Final Re HB Presentations 24 1. Draft Final Re ort Final Re ort 16 16 Council Pmenlations 10 s� 0-_ !amp Total Houm • 96I 2M B 19a 29 SD 161 a PB Raw Labor RFa $ 4],055 $5 Ms $S 312..9U WSUW5 2.019 f 9N f 42]f +.]O 5 22e2 PBOvehead 154]0%f 10.858 f 9e $ f 2.2]] $ . f 12I],a1181 1 1214.9W81 0 PS Fee t0% $ tPe $ Z440 s 4199 $ t9a PS M rk- p on SubmnsulWnts 10% 3 1 141 Dimcl ReImbumable Ezpensea arfare, mundtd affi,.$ $ E +,500 _ Per Diem, Lod m 22 6 2151 Per Dlem, Meais 220 S 1.140 Car Rental 95 5 ]fi5 Miles a 15W5 5 225 Phone 1U. 5 ]a5 Poste e 10 $ ]00 Pnnbn 1 5 250Subtotal $ 11.193 Handlin 10%3 1119 Total Direct Relmburesble Ex.noes s 1A5f2 Ifl TOTAL Labor+ Mark-up on subs+ Direct Expenses) 8 87,923 Exhibit C Schedule of Performance The Contract period for Master Planning services shall begin March 5, 2007 and end August 31, 2007, unless extended by amendment by the City. MEMO MEMIMMEMISIME IMMEMEM NONE MOMMOMMISIMEME IMEMINME NONE MEMO MEMNON NONE MEMEMISIM ENNEMISIMISIMME MEMEMMISIMMEME ENE= 0 00 MEMO MOMMEMIN mMMMlMMM No IN ME ONEENERNMENEEMEMEN No ON p-'s mo Exhibit D Special Requirements None. 64& QUM& k OF1 COUNCIL/RDA MEETING DATE: February 20, 2007 ITEM TITLE: Approval of an Amendment to the Professional Services Agreement between NAI Consulting and the City for Continued Project Management and Contract Administrative Support Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve Contract Amendment Number 1 (Attachment 1), in an amount not -to -exceed $117,670, to the Professional Services Agreement (PSA) with NAI Consulting for continued Project Management and Contract Administrative Support Services and authorize the City Manager to execute the same. FISCAL IMPLICATIONS: It is proposed that NAI Consulting's PSA be amended as follows: Approved Contract Amount: $178,350 Contract Amendment Number 1: $117,670 Revised Contract Total: $296,020 Sufficient funding is available to support the approval of Contract Amendment Number 1 in the amount of $117,670. Contract Amendment Number 1 is based upon the following NAI Consulting manhours and billing rates: Contract Position Hours Hourly Rate Total Project Manager 856 $115 $98,440 Administrative Support 214 $45 $9,630 Professional Civil Engineer 80 $120 $9,600 Total $117,670 The professional services associated with the proposed amendment will continue to be charged on a time and materials basis and are assigned directly to the capital improvement projects worked on during each billing cycle. The Fiscal Year 2006/2007 Capital Improvement Plan has budged an amount of $3,964,067 toward Engineering and Professional Services. Therefore, no additional appropriation is required at this time. In addition, $40,000 has been set aside for NAI Consulting to assist in the development of the Fiscal Year 2007/2008 capital improvement plan, the continued management of carryover capital projects, and other special projects and will be paid through account 101-7002-431.32-10. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In the spring of 1997, the Public Works/Engineering Department retained the part-time professional services of Lloyd "Nick" Nickerson, owner of the Nickerson and Associates, Inc. engineering firm (NAI Consulting) to augment existing engineering staff in the Capital Improvement Division. Mr. Nickerson was retained via an interim contract to provide key professional support with respect to contract administration and project management duties through the balance of the 1996/1997 Fiscal Year. In the subsequent fiscal year, the City Council directed staff to request proposals from firms in the engineering community for the type of engineering services performed by Mr. Nickerson. "Two proposals were received and evaluated with the City Council awarding a two-year contract to NAI Consulting. In June 1999, the: City Council authorized the City Manager to bypass the competitive selection procedure and negotiate directly with NAI Consulting for a continuation of the professional support services provided by Mr. Nickerson. Each year since 1999, the City Council has renegotiated its professional services contract with NAI Consulting for the part-time services provided by Mr. Nickerson. During the past four year's, NAI Consulting's contract also included professional engineering design services on a time and material basis, as needed, to provide engineering staff with an efficient means to initiate and administer minor design projects (primarily remedial maintenance projects) that surface unexpectedly in response to concerns voiced by La Quinta residents. Mr. Nickerson's estimate of time for the original contract was approximately 20 hours per week based on historic workload for NAI. This year an aggressive CIP, including Phase II SilverRock Resort projects as well as numerous non-CIP projects, has required nearly 40 hours per week of Mr. Nickerson's time and greater civil engineer design; time which has exhausted the original contract hours. As these hours are included as part of each projects. administration, no additional appropriation is necessary for this amendment. In accordance with the base contract, Amendment Number 1 is based on hourly fees, with an amount of $1 15 per hour for professional project management services, $120 per hour for a professional registered civil engineer, and $45 per hour for administrative support. NAI Consulting has also agreed to continue providing any reimbursable expenses at cost without markup. Reimbursable expenses include the direct cost of sub -consultant services, printing, postage and/or courier services, etc. Typical project management services provided by NAI Consulting include, but are not limited to: • Prepare and submit necessary documents, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding approval; • Prepare and track project schedules; • Prepare correspondence, reports, and memorandums necessary to administer various City capital improvement projects; • Assist with bidding procedures, prepare bid summary comparisons in a table format, and make recommendations for City Council consideration to award Public Works contracts for construction; • Prepare and conduct formal/informal request for proposals to engineering support consultants, summarize proposals received, and make recommendations for award of Professional Services Agreements; • Monitor and report on project status, budget vs. actual expenditures, and contract time vs. actual time; • Prepare staff reports for City Council and/or Planning Commission consideration, as necessary; • At the direction of staff, prepare annual 5-year Capital Improvement Program document for City Council comment and approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Contract Amendment Number 1, in an amount not -to -exceed $117,670, to the Professional Services Agreement (PSA) with NAI Consulting for continued Project Management and Contract Administrative Support Services and authorize the City Manager to execute the same; or 2. Do not approve Contract Amendment Number 1, in an amount not -to -exceed $117,670, to the Professional Services Agreement (PSA) with NAI Consulting for continued Project Management and Contract Administrative Support Services; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. o ss P.E. Public Works irec r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Contract Amendment Number 1 Attachment 1 tun > j-jVf PROFESSIONAL SERVICES AGREEMENT: PUBLIC WORKS DEPARTMENT, ENGINEERING AND TRAFFIC SERVICES, CAPITAL IMPROVEMENT PLAN, PROJECT MANAGEMENT, CONTRACT MANAGEMENT, AND ADMINISTRATIVE SERVICES FOR FISCAL YEAR 2006-2007 CONSULTANT: NAI Consulting Attention: Lloyd "Nick" Nickerson, Jr., President 68-956 Adeline Road Cathedral City, CA 92234 CONTRACT AMENDMENT NO, 1 fMYi4M #YM W{iffrI.µ ..........# .} %Y««+#.%%4. I}} 4 M Y Y Y(Y kx.a;i##Y Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the Contract. YRY#kitYnsa4#%6#Yi.........**.#«f««k.... 4#M..... k 4««n i##M1i««k M l t.... EESCRIPTIQN OF CHAP NAI Consulting is directed to continue providing the Public Works Department with Engineering and Traffic Services, Capital Improvement Plan, Project Management, Contract Management, and Administrative Services in accordance with the scope of work outlined within the Professional Services Agreement, dated April 18, 2006. The following additional time is authorized by this amendment: n##ia#aa+i+x+at##Ya#YY#f#+Fw##. . . . . . . . . . . . . I l l r x#Y ee#1s#S?#if k#%i#t«x Previous Contract Amount Through Contract Amendment No. -0 $178,350.00 Add this Amendment: $117,670.00 Revised Contract Total: $296,020.00 The contract completion date is not affected. .... FF«i#YF#YYY##b MM##AS E#4#'F"e#i#ilMY I..# +19#Y###,Yi MM,««Nttii V«ii#fIY Submitted Date: By: Approved Date: By: ♦................ I . . *kk ........ ....... 1i 14Y ...1 . Y 4 YYi YYRkRIii�iYY We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all tabor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above. Accepted By: I atvt7 tC1 t iTitle: President Consultant: Lloyd "Nick" Nickerson, Jr. Date: February 12, 2007. ""7'I 4K 4 COUNCIL/RDA MEETING DATE: February 20, 2007 ITEM TITLE: Adoption of a Resolution Approving Salary Range Adjustments for Department Director Classifications RECOMMENDATIION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: �� STUDY SESSION: PUBLIC HEARING: Adopt a Resolution approving salary range adjustments for Department Director classifications. FISCAL IMPLICATIONS: The proposed adjustments of salary ranges for Department Director classifications will be implemented as outlined in Attachment 1. The fiscal impact for Department Directors receiving the salary range adjustments for the remainder of Fiscal Year 2006/2007 is an increase in salary and fringe benefits totaling $17,750. The fiscal impacts consist of a 1 % increase in the salary schedule, which will benefit all Department Director positions, and a salary range adjustment that benefits those positions listed in Attachment 1 as further discussed in detail in the Background Section. BACKGROUND AND OVERVIEW: A Resolution has been prepared and submitted herein that would authorize salary adjustments for Department Director classifications. It is proposed that all affected positions on Attachment 1 would be adjusted retroactive to January 1, 2007 consistent with that afforded to other employee groups. Therefore, salary adjustments would be retroactive to January 1, 2007. Any employee with an anniversary date between January 1, 2007 and February 20, 2007 would receive their merit anniversary adjustment, if earned, at the same time as the retroactive salary increases are implemented. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the salary range adjustments for Department Director classifications; 2. Do not adopt a Resolution of the City Council approving salary range adjustments for Department Director classifications; 3. Provide staff with alternative direction. Respectfully submitted, LJ John Falconer, Finance Director (Employee Relations Officer) Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Department Director Salary Range Adjustments f .� Resolution No. 2007- Department Director Salary Range Adjustments Adopted: February 20, 2007 Page 2 of 2 - DONALD 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 JE:NSON, City Attorney City of La Quinta, California . ti RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REGARDING SALARY ADJUSTMENTS FOR DEPARTMENT DIRECTORS EMPLOYEES, COMMENCING ON JANUARY 1, 2007 WHEREAS, the City of La Quinta, hereinafter referred to as "City," desires to make adjustments in salary range for Department Director employees retroactive to January 1, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City does hereby approve, ratify and authorize for specific management and confidential employees implementation of salary range adjustments as set forth in Attachment 1 retroactive to January 1, 2007. Section 2. The City does hereby approve a 1 % increase to the City salary schedule retroactive to January 1, 2007. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 201h day of February, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Attachment 1 Department Director Salary Range Adjustments YjY. Ilvm.+.nn w`'f' 11 dC�s' O4S OF Tt� COUNCIL/RDA MEETING DATE: February 20, 2007 ITEM TITLE: Approval of a Housing Relocation Plan for 46-176 Dune Palms Road RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 2 CONSENT CALENDAR: L� STUDY SESSION: PUBLIC HEARING: Approve the Relocation Plan for 46-176 Dune Palms Road and authorize the City Manager to begin the 30-day review period. FISCAL IMPACT: Implementing the Relocation Plan will result in the expenditure of up to $80,000 for resident relocation costs. Funds are available from the Unreserved Fund Balances in Low- and Moderate -Income Fund Project Area 2. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In September 2005, the Agency Board directed staff to contact property owners in the Dune Palms Road corridor (north of the Whitewater River and south of Westward Ho Drivel to ascertain their interest in selling their property to the Agency Board. The Agency Board would like to collect six parcels located along the Dune Palms Road corridor so that the properties may be assembled to accommodate an affordable housing development. Four of the property owners contacted by staff initially expressed interest in selling their property. To date, staff has successfully negotiated purchase agreements with three owner -occupied single-family residences. Two Relocation Plans for the Dune Palms Road Project 43 have been approved by the City Council. The first plan was approved on March 21, 2006, and the second, on December 5, 2006. These plans have been used to successfully relocate three owner -occupied single-family residents. Attachment 1 is a map illustrating the properties staff has acquired to date and properties that need to be acquired'. The owner of Assessor Parcel Number 600-030-008 has expressed an interest in relocating. Prior to considering property purchase agreements with this party, the California Community Redevelopment Law and the California Relocation and Real Property Acquisition Guidelines require the Agency to prepare and submit a Relocation Plan for City Council review and approval. Attachment 2 is the Relocation Plan for 46-176 Dune Palms Road for Council consideration. The Relocation Plan presents: Y Household demographic characteristics and relocation needs based on personal interview survey data; • An assessment of the availability of comparable replacement housing within the City of La Quinta and the surrounding community; o The steps and procedures the Agency will follow to ensure a fair and equitable relocation program; and o An estimate of the potential relocation costs. The data presented in the Relocation Plan was compiled by interviews conducted in February of 2007. When interviewed, the household at 46-176 expressed a desire to relocate within the City of La Quinta. The owner -occupied household is a very - low income family, consisting of two seniors with disabilities and three adult children, who are English speaking. The Relocation Plan also details the relocation assistance program and the scope of the relocation benefits. The relocation assistance program generally entails: o Informing residents of their relocation rights and the scope of the relocation benefits; o Determining each household's specific housing needs; o Identifying and updating information on replacement housing opportunities; o Identifying Federal, State and other governmental agency housing program assistance; o Assisting each person with completing relocation assistance applications; o Assisting each displace with finding replacement housing opportunities; o Providing relocation payments in accordance with all State standards; and o Establishing an appeal procedure with respect to disputes over relocation benefits. The County of Riverside Assessor's Office changed parcel map book number 649-04 to 60b-03 beginning in fiscal year 2006-07 to accommodate for an increase of parcel numbers in that area. a�f" The scope of relocation benefits needed for the household entails: o Providing moving expense payments based upon the actual cost of using a professional mover or based upon a fixed payment schedule if residents elect to move themselves; o A home purchase price differential payment based upon the difference between the appraised value of the resident's home and the cost to purchase a comparable replacement dwelling; and o Incidental expense payments including legal, closing cost title and other costs related to purchasing a comparable replacement dwelling. The total relocation costs are estimated to range from $60,000 to $80,000. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Relocation Plan for 46-176 Dune Palms Road and authorize the City Manager to begin the 30 day review period; or 2. Do not approve the Relocation Plan for 46-176 Dune Palms Road; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R. k1ans Community Development Director Approved for submission, Thomas P. Genovese, City Manager Attachments: 1. Dune Palms Road Corridor Acquisition Status Map 2. Relocation Plan ATTACHMENT 1 Dune Palms Road Corridor Acquisition Status Map ------------------------------ Westward Ho Drive --------------------------- 600-030-001 600-030-002 600-030-003 r 019111 II 117-! 600-030-009 800-030-008 ® Acquired Parcels Acquisition & Relocation Initiated ® Presently INot Sought Previously Acquired for Well Site Rejected offers ATTACHMENT #2 46176 DUNE PALMS ROAD RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY O RSG INTELLIGENT COMMUNITY DEVELfh� " - ti. 46176 DUNE PALMS ROAD RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY CONTENTS OF' THIS RELOCATION PLAN i. INTRODUCTION................................................................................................1 A. ASSESSMENT OF NEEDS.................................................................................1 B. REPLACEMENT HOUSING RESOURCES........................................................2 C. CONCURRENT RESIDENTIAL DISPLACEMENT..............................................3 D. TEMPORARY HOUSING....................................................................................3 E. PROGRAM ASSURANCES AND STANDARDS................................................3 F. RELOCATION ASSISTANCE PROGRAM.........................................................3 G. CITIZEN PARTICIPATION/PLAN REVIEW........................................................4 H. RELOCATION BENEFIT CATEGORIES............................................................4 I. PAYMENT OF RELOCATION BENEFITS..........................................................6 J. APPEALS POLICY.............................................................................................6 K. PROJECTED DATES OF DISPLACEMENT.......................................................6 L. ESTIMATED RELOCATION COSTS..................................................................7 _ 2 43 46176 DUNE PALIIRS ROAD RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY 1. INTRODUCTION The La Quinta (Redevelopment Agency ("Agency") established Project Area No. 2 in May, 1989 to provide a mechanism to remove impediments to commercial and residential development, to address public infrastructure and facility deficiencies, and to increase and improve the community's supply of affordable housing. The properties along Dune Palms Road ("Project Site") are within Project Area No. 2 and have been considered by the Agency as a site for the development of affordable housing. This action has resulted in the purchase and development of properties within the Project Site. The Agency has successfully acquired and relocated three of properties in the Project Site. The Agency is considering acquiring an additional property resulting in the permanent displacement of one household at 413176 Dune Palms Road ("Subject Property"). The location of the Subject Property is generally described as being located near the southeast corner of Dune Palms Road and Westward Ho Drive and is more particularly described as Assessor Parcel Number 600-030-008. The location is displayed on Attachment 1a and 1b. The acquisition of the Subject Property will be negotiated by the property owners. This Relocation Plan ("Plan") describes the affected buildings and occupants and discusses the Relocation Assistance that will be made available to the occupants. Rosenow Spevacek Group, Inc. ("RSG") has prepared and will administer the Plan under the direction of the Agency and will act as the relocation consultant for this Plan. This Plan provides the results of a needs assessment survey, a housing resource study, and details of the Agency's proposed relocation assistance program. Furthermore, this Plan sets forth policies and procedures necessary to conform with statutes and regulations established by the California Relocation Assistance Law, California Government Code section 7260 et seq. ("CRAL") and the California Relocation Assistance and Real Property Acquisition Guidelines, Title 25, California Code of Regulations, chapter 6, section 6000 et seq. ("Guidelines"). No displacement activities will take place prior to the required reviews and approval of this Plan. A. ASSESSMENT OF NEEDS To obtain information for the preparation of this Plan, personal interviews were conducted with the household living on the Subject Property. The inquiries made of the household concerned household size and composition, income, length and type of occupancy, ethnicity, home language, disabilities/health problems, special needs relating to disability and replacement housing preferences. The interviews were conducted during February of 2007. The descriptive data in this Plan is based solely on the responses provided by the households. No attempt was made to qualify income or other information provided by residents. Occupancy/Overcrowding There is one household encompassed in this Plan. The household is comprised of five residents residing in a three -bedroom home. Under existing standards this is not considered to be overcrowded. O RSG Page 1 tt nn :' `f J 46176 DUNE PALMS ROAD RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY Income Income information was provided by the households. According to 2006 income standards for the County of Riverside (Attachment 2), adjusted for family size as published by the United States Department of Housing and Urban Development ("HUD"), the household is categorized as very low income. Ethnicity/Language The Subject Property household identified themselves as Hispanic (5). All members of the households reported the primary language as English. Senior/Handicapped Households There are two :seniors (62 years or older), both are handicapped individuals, living on the Subject Property. They have indicated that they would prefer to relocate to housing that is wheel chair accessible. Table 1 shows some of the household's characteristics and needs. Table 7: Housing Description :O-ccupanc ioushold Siza Room Counl Ethnlci Lan ua a Seniors Income Levels Owners Tenant Adults Children Bedrooms Bath Total Caucasian His anic En lash S apish Yes n/a 5 1 D 1 3 2 1 5 1 2 Very Low Income source: Survey or progeny o em The Project Site The Project Site: is situated on the southeast corner of Dune Palms Road and Westward Ho Drive. La Quinta High School is directly in front of the Project Site and Amelia Earhart Elementary School, and John Glen Middle School are within short driving distance. The Project Site is located within proximity to a community park, a Fire Station, shopping centers, and grocery stores. Preferred Relocation Areas and Location Needs The Subject Property household expressed a desire to remain in the La Quinta area. The household is only interested in home ownership options. Based on the survey, no other additional or special relocation needs (i.e. proximity to public transportation, employment, medical facilities, public/social services and agencies, recreational services, parks, community centers, and shopping) were expressed by the household. B. REPLACEMIENT HOUSING RESOURCES A resource survey was conducted in February of 2007 to identify available comparable, decent, safe, and sanitary units available in close proximity to the Subject Property. One three -bedroom unit is required to adequately relocate the Subject Property household. Replacement properties were identified in consultation with a local realtor, through internet research, and MMLS searches. The survey focused on confirming the availability of comparable, decent, safe, and sanitary units, which contain the required minimum number of bedrooms, an area of adequate size for the household, and an area comparable with respect to the number of rooms and O RSG Page z ., n i fl 46176 DUNE PALMS ROAD RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY habitable living space. Attachment 3a provides a list of comparable replacement dewellings (as defined in Guideline section 6008) in La Quinta based on the results of the homeowner surveys. The replacement houses have a similar lot size and living area to the homeowner's original property. C. CONCURRENT RESIDENTIAL DISPLACEMENT There are no other known projects currently underway that will compete for similar replacement housing in the City of La Quinta. D. TEMPORARY HOUSING There is no anticipated need for temporary housing because relocation will not occur until the Agency has entered binding agreements to acquire the property from the owners and it is expected that the owners shall acquire replacement housing prior to moving from the Subject Property. Should such a need arise, the Agency will respond appropriately and in accordance with all applicable laws and requirements. E. PROGRAM ASSURANCES AND STANDARDS Adequate funds are and will be made available to accommodate the payment of all required relocation benefits. Services will be provided to ensure that displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title A of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. No one will be displaced without 90 days notice and unless "comparable" replacement housing can be located and is available. "Comparable' housing includes standards such as: decent, safe, and sanitary (as defined in § 6008(d) of the Guidelines); comparable as to the number of bedrooms, living space, and type and quality of construction of the acquired unit but not lesser in rooms or living space than necessary to accommodate the displaced households; in an area that does not have unreasonable environmental conditions; not generally less desirable than the acquired unit with respect to location to schools, employment, health and medical facilities, and other public and commercial facilities and services; and within the financial means of the displaced households as defined in section 6008, subdivision (c)(5) of the Guidelines. The relocation program to be implemented by the Agency conforms to the standards and provisions set forth in Government Code section 7260 et seq., the Guidelines, California Health and Safety Code section 33410 et seq., if applicable, and all other applicable regulations and requirements. F. RELOCATION ASSISTANCE PROGRAM Staff is available to assist any displaced household with questions about relocation and/or assistance in relocating. Jon McMillen, the Acquisition and Relocation Coordinator, can be O RSG Page 3. 46176 DUNE PALMS ROAD RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY contacted at (760) 212-2322 from 8:30 am to 5:00 pm, Monday through Friday. A comprehensive relocation assistance program, with technical and advisory assistance, will be provided to 'the household being displaced. Close contact will be maintained with the household. Specific activities will include: 1. Distribution of an informational brochure. (see Attachment 4) 2. Timely referrals to at least three comparable replacement units as defined above and, if necessary, transportation will be provided to inspect potential replacement units. Assistance with completion and filing of relocation claims, loan applications, and appeals forms, if necessary. G. CITIZEN PARTICIPATION/PLAN REVIEW This Plan will be provided to the household and will be made available to the public for the mandatory thirty (30) day review period. Comments to this Plan will be included as a Plan addendum prior to submission for approval before the Agency. A copy of the approved Plan will be forwarded to the California Department of Housing and Community Development ("HCD°). W. RELOCATION BENEFIT CATEGORIES Relocation benefits will be provided in accordance with the CRAL, the Guidelines, and all other applicable regulations and requirements. Benefits will be paid upon submission of required claim forms and documentation in accordance with approved procedures. The Agency will provide appropriate benefits for the displaced household as required by law. Residential Mowing Expense Payments The subject household will be eligible to receive a payment for moving expenses. Payments will be made based upon either a fixed room count schedule or an invoice for actual reasonable moving expenses from a licensed professional mover. The method of moving expense payments may be selected by the household. O RSG Fixed Pavrcient - A fixed payment for moving expenses based on the number of rooms containing furniture or other personal property to be moved. The fixed moving payment will be based upon the most recent Federal Highway Administration schedules maintained by the California Department of Transportation. (See Attachment 5) -OR- Actual Reasonable Moving Expense Payments - The displaced household may elect to have a licensed, professional mover perform the move; if so, the Agency will pay for the actual cost of the move up to 50 miles and all reasonable charges for packing, unpacking, insurance, and utility connection charges. The payment will be made directly to the mover or as reimbursement to the displaced household. Page 4n52 46176 DUNE PALMS ROAD RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY Assistance to Homeowners It is anticipated that one homeowner household will be displaced. Displaced homeowners will be eligible for relocation replacement housing payments if the following conditions are met: a. The household has owned and occupied their unit for not less than 180 days prior to the "Initiation of Negotiations." and b. The household purchases and occupies a replacement unit within one year from: (i) the date that the household receives the final payment from the Agency for all the costs of the acquired unit - or- (ii) the date that the household vacates the acquired unit, whichever is later. The displaced homeowner household will receive assistance in locating a "comparable replacement" unit and will be eligible for the following benefits: 1. Purchase Price Differential: The displaced household will be entitled to receive an amount equal to the difference between the; price paid for the acquired unit and the amount required to purchase a "comparable: replacement" unit. The Agency will utilize a Comparative Method (as explained in section 6102 of the Guidelines) to calculate any price differential. Comparative Method: On a case -by -case basis, the Agency will determine the price of a "comparable replacement" unit, which is most representative of the acquired unit, by selecting and considering the listing price of at least three (whenever possible) "comparable replacement" units. (25 Cal. Code Regs. Sec. 6102 (c)(1)(A)(1).) The Price Differential is the difference between the acquisition cost of the displacement dwelling and the lesser of the following two amounts: • The price the displaces actually paid for the replacement dwelling; or • -fhe price of a comparable dwelling as determined by the Agency. 2. Other Payments: Moreover, the displaced homeowner will receive the following assistance: (a) Payments to cover the cost between the difference of the household's current debt: or mortgage service and any increase in debt or mortgage costs necessary to acquire a "comparable replacement" housing unit; and (b) Incidental and reasonable one-time costs for acquiring a replacement unit, such as escrow costs, and recording and credit reporting fees. 3. Rental Assistance Option: O RSG .. Pag.85,JJ 46176 DUNE PALMS ROAD RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY If a displaced homeowner household, which has purchased and occupied its current unit at least 180 days prior to the "initiation of negotiations," desires to rent instead of purchase a replacement unit, the household is eligible for all the benefits and assistance that is available to tenant household. However, such replacement housing payments may not exceed the payments the household would have been entitled to if it had elected to purchase a replacement unit. 4. Last Resort Housing Payments: There !is currently sufficient comparable replacement housing for homeowner household and the Agency does not anticipate a lack of sufficient comparable replacement housing in the near future. However, should such a situation arise, the Agency will respond appropriately and in conformance with all applicable laws and requirements. 1. PAYMENT OF RELOCATION BENEFITS Relocation benefit payments will be made expeditiously. Claims and supporting documentation for relocation benefits must be filed with the Acquisition Coordinator within eighteen (18) months from: (i) the date the claimant moves from the acquired property; -or- (ii) the date on which final payment for the acquisition of real property is made, whichever is later. The Acquisition Coordinator will then submit the relocation benefit claim form to the City Finance Department for review and payment, if appropriate. Failure to submit claims within the 18 month period will prevent the Agency from paying such claims. No household will be displaced until "comparable' housing is located as defined above and in section 6008, subdivisions (c) and (d) of the Guidelines. Relocation staff will inspect any replacement units to which referrals are made to verify that they meet all the standards of decent, safe, and sanitary as defined in section 6008, subdivision (d) of the Guidelines. However, no household will be denied benefits if it chooses to move to a replacement unit which does not meet the standards of decent, safe, and sanitary housing. J. APPEALS POLICY The appeals policy will follow the standards described in section 6150 et seq. of the Guidelines as supplemented by the Agency's approved Grievance Procedures (See Attachment 6). Briefly stated, the displaced household will have the right to ask for a review when there is a complaint regarding any of its rights to relocation and relocation assistance, such as a determination as to eligibility, the amount of payment, or the failure to provide a comparable replacement housing referral. The request for review must be made within eighteen (18) months from: (i) the date the claimant moves from the acquired property; -or- (ii) the date on which final payment for the acquisition of real property is made, whichever is later. Failure to make a timely request for review will result in your request being denied. K. PROJECTED DATES OF DISPLACEMENT The household will receive a 90-day notice to vacate after replacement housing has been secured and a purchase and sale agreement for their existing property has been executed. O RSG Page 6 r% �54 46176 DUNE PALMS ROAD RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY This notice is expected to be issued on or about April 1, 2007. Relocation is expected to be completed on or about July 1, 2007. L. ESTIMATED RELOCATION COSTS The Agency anticipates using the following funds for the Project: • Project Area No. 2, Low and Moderate Housing Funds The following estimates are for budgeting purposes only. These figures should not be interpreted as firm, "not to exceed" or actual entitlement costs. These figures are based on the data obtained through occupant interviews, replacement site availability, market rate research, and the judgment of the Agency staff. They do not include payments to consultants or to contractors. Any and all required financial assistance will be provided. The budget estimate is: Table 2: Project Cost Estimate Low Estimate High Estimate $60,000 $80,000 O RSG Pa 7 11455 46176 DUNE PALMS ROAD RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY INDEX OF TABLES & ATTACHMENTS TABLES Table 1: Housing Description Table 2: Estimated Relocation Costs ATTACHMENTS Attachment: la: Regional Site Map Attachment lb: Subject Property Map Attachment 2: HUD Income Category Limits for Riverside County Attachment 3: Housing Resource Survey —Three Bedroom Comparables Attachment 4: Relocation Assistance To Displaced Homeowner Occupants (Brochure) Attachment 5: Fixed Payment Moving Schedule Attachment 6: Grievance Process O RSG Page 8 n. Attachment 1a: Regional Site Map FMA�aI�csT,t_ .• Palm Desert Country Club 0�24�n Woodhaven! Country Club _42nd Ave IV — s 42nd Ave 0 Bermuda n Dunes Darby Rd Country' •!�B Indian Welts Country Club 0 2006 MaDouest, Inc, O RSG Club Fred War ng !it 0 1! I� Mlles Ave I tpdtan Springs Goff a Country Club 3 � u o � _ Avenue 48 N w a Er Avenue 46 S ii Y a s.C2006 NAVTEQ Page 9 t.JI Attachment lb: Subject Property Map 804460019 .4, 6044811048 600030001 600040010 I 800040025 600040017 800030002 600030004 600030005 600030006 600030003 600040018 6900+6619 � 600030009 600040020 600030008 600040021' 400040022 I C 600010004 > 600030011 600030012 600040023 600040024 8000+0001 I 600040002 500030010 600040003 600040004 Approx scale 12134 _ 600040005 Riverside County GIS _ _ 0 240R 600040006 O RSG Page 10 z Z D O U W 0IA w W VI E ro cn 0 a N N ro s V CL a d E O W 0 Q U Cf C .N 3 O d m m w IQ W O N N b v ro m o < O O L b1 ¢ N O E In ^. o 0 0 S iu c o G i Q= N Q t0 N V w p E m J 3 v J N " d N co a o n c Ln F N V1 q Vl p L Ii W N _ ro O O O O c E ¢ N 1^ L u d C 1 C 3 N N E o o' j 3 ro D o o ^� C C t0 v J a O G V > F y O a O O N w w D v s ¢ w O w L y E O V c o ¢ c o w m w w w � C y v E rn O « c ro v a f v Ci M C D ON N c w L W N p In o 0 C G C C V c h m O o m O O � C — aco 3 « v o o A 1p E rn J 3 v V > v N N � L w w N p ro v O O O C N C N CO N G a c 0 s « I, A E o Jo 3 A w V a C C tC y O Q N > a n O O F O Ip < 10 r w w � w w d VI = M Vl O o M O V V C d O p E o 0 3 b C a C tO N O N O T eq 0 0 L N ro n o 0 In m a � C a e 3 p v E O O J 3 N y o+ v c ro v o V > f E O c J c Q _ N M ? E O c N 0 m 0 N N O 0 c N N Attachment 3: Housing Resource Survey Three Bedroom Comparables Address Type Sales Price Bedroom/Baths 38555 Rancho Los Cerritos, Bermuda Dunes Sin le Famil $695,000 3/2 77890 Mountain View Ave, Palm Desert Single Family $799,000 3/2.5 77795 Delaware PI, Palm Desert Single Family $889,000 3/2 Note: Housing with similar lot size as the existing property is currently unavailable in La Quinta. many com arables available in La Quinta on reduced Acreage There are O RSG Page 12 n Attachment 4 City of La Quinta Redevelopment Agency RELOCATION ASSISTANCE TO DISPLACED HOMEOWNER OCCUPANTS Introduction This booklet describes the relocation payments and other relocation assistance provided under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended ("URA") to most homeowners whose home is acquired by the City of La Quinta Redevelopment Agency ("Agency"). To be eligible for the assistance described in this booklet, you must have owned and occupied your home for at least 180 days before the Agency offered to buy it. If you are notified that your home will be acquired and you will be displaced, it is important that you do not move before you learn what you must do to receive the relocation payments and other assistance to which you are entitled. This booklet may not answer all of your questions. If you have more questions, contact the Agency. (Check the back of this booklet for the name of the person to contact at the Agency.) Ask your questions before you move. Afterwards, it may be too late. Summary of Relocation Assistance As an eligible displaced homeowner occupant, you will be offered the following advisory and financial assistance: Advisory Services. This includes referrals to comparable replacement homes, the inspection of replacement housing to ensure that it meets established standards, help in preparing claim forms for relocation payments and other assistance to minimize the impact of the move. Payment for Moving Expenses. You may choose either a: •3 Payment for Your Actual Reasonable Moving and Related Expenses, or ❖ A Fixed Moving Payment, or ❖ A combination of both, based on circumstances. • Replacement. Housing Payment. To enable you to buy or, if you prefer, rent a comparable replacement home, you may choose either: ❖ Purchase Assistance, or O RSG Page 13 ❖ Rental Assistance. If you disagree with the Agency's decision as to the relocation assistance for which you are eligible, you may appeal that decision as provided by the Agency's Grievance Procedures and state HCD Grievance Guidelines. General Questions Will I Be Paid For, My Property Before I Have To Move? If you reach an agreement to sell your property to the Agency, you will not be required to move before you receive the agreed purchase price. If the property is acquired through an eminent domain proceeding, you cannot be required to move before the estimated fair market value of the property has been deposited with the court. (You should be able to withdraw this amount immediately, less any amounts necessary to pay off any mortgage or other liens on the property and to resolve any special ownership problems. Withdrawal of your share of the money will not affect your right to seek additional compensation for your property.) Will I Have To Pay Rent To The Agency Before I Move? You may be required to pay a fair rent to the Agency for the period between the acquisition of your property and the date that you move. The rent will not exceed that charged for the use of comparable property. How Will I Know I Am Eligible For Relocation Assistance? You should receive a written notice explaining your eligibility for relocation assistance. You will become eligible for relocation assistance on the date you receive the Agency's written offer of "just compensation" to purchase your home. You should not move before receiving that purchase offer. If you do, you may not receive relocation assistance. How Will The Agency Know How Much Help I Need? You will be contacted at an early date and personally interviewed by a representative of the Agency to determine your relocation needs and preferences for replacement housing and advisory services. The interviewer will ask certain questions about you and other members of your households. It is to your advantage to provide the information so that the Agency can assist you in moving with a minimum of hardship. The information you give will be kept in confidence. How Soon Will I Have To Move? 9RSG Page 14 2G2 If possible, a mutually agreeable date for the move will be worked out. You will be given enough time to make plans for moving. Unless there is a health or safety emergency, you will not be required to move without at least 90 days advance written notice of (1) at least one "comparable replacement home" that is available to you and (2) the earliest date by which you must move. What Is A Comparable Replacement Home? A comparable replacement home is: • Decent, safe, and sanitary. • Functionally equivalent to your present home. • Actually available for you to buy. • Affordable. • Reasonably accessible to your place of employment. • Generally as well located with respect to public and commercial facilities, such as schools and shopping, as your present home. • Not subject to unreasonable adverse environmental conditions. • Available to all persons regardless of race, color, religion, sex, or national origin. What is Decent, Safe, and Sanitary Housing? Decent, safe, and sanitary housing is housing that: • Meets local housing and occupancy requirements. Additionally, it is housing that: • Is structurally sound, weather tight, and in good repair. • Contains a safe, adequate electrical wiring system. • Has adequate living space for the occupants. • Has a kitchen with a sink, hot and cold running water, and connections for a stove and refrigerator. • Has a separate, complete bathroom with hot and cold running water and sewage system. • Has heating as required by climatic conditions. • Has an unobstructed exit to safe, open space at ground level. • Is free of any barriers that would preclude your reasonable use of the unit, if you are a person with a physical disability. Will The Agency Help Me Find A Replacement Home? Q RSG Page 15 :_ . 263 Yes. You will be: provided with referrals to comparable replacement housing. If possible, you will be referred to at least three comparable replacement homes. The maximum financial assistance for which you may qualify will be based on the cost of the most representative comparable replacement home that is available to you. When the Agency gives you its initial written purchase offer, it will typically inform you at that time, or shortly thereafter, of your eligibility for relocation assistance, identifying the most comparable replacement home and explain the maximum amount of relocation assistance available to you. Once the Agency representative has a clear understanding of your needs and preferences, he or she will work with you to assure that you are given the best possible choice of housing and offer you transportation to inspect these units. If there is a mortgage on your present home, the Agency will refer you to lenders that can provide mortgage financing for your new home. If the money paid for your old home is applied to the purchase of your new home, there should not be any increase in the number or amount of your monthly payments for mortgage interest and principal. What If I Find My Own Replacement Housing? You have every right to find your own replacement housing. However, before you buy or rent, ask the Agency to inspect the unit to make sure that it is decent, safe, and sanitary. If the housing unit is not decent, safe, and sanitary, you will not receive a replacement housing payment. What If I Encounter A Problem In Obtaining Housing Of My Choice? If you encounter a problem in buying or renting housing of your choice, notify the Agency immediately. The Agency will look into the matter and try to resolve it. You will receive this help whether you were referred to the housing unit or found it yourself. If you are unable to buy or rent a housing unit because of discriminatory practices on the part of a real estate broker, rental agent, lender, or a property owner, the Agency will help you file a formal housing discrimination complaint with the U.S. Department of Housing and Urban Development or the appropriate State or local fair housing agency. What Other Services Will I Receive? In addition to help in obtaining a comparable replacement home, other assistance, as necessary, will be provided in order to minimize the impact of your move. This assistance may include referral to appropriate public and private agencies that provide services concerning housing financing, employment, health, welfare, or legal assis- tance. The range of services depends on the needs of the person being displaced. You should ask the Agency representative to tell you about the specific services that will be available to help you and your family. O RSG Page 16 n tiJ' What Is a Payment For Actual Reasonable Moving And Related Expenses? You are entitled to a relocation payment to cover the actual reasonable cost of your move. If you choose a Payment For Actual Reasonable Moving And Related Expenses, you may include in your claim the reasonable costs for: • Transportation for you and your family. • Packing, moving and unpacking your households goods. • Disconnecting and reconnecting households appliances and other personal property (e.g., telephone and cable TV). • Storage of households goods, as may be necessary. • Insurance for the replacement value of your property during the move and necessary storage. • The replacement value of property lost, stolen or damaged in the move (but not through your neglect) if insurance is not reasonably available. The Agency will explain all eligible moving costs, as well as those which are not eligible. You must be able: to account for any costs that you incur, so keep all your receipts. Select your mover with care. The Agency can help you select a reliable and reputable mover. You may elect to pay your moving costs yourself and be repaid by the Agency or, if you prefer, you may have the Agency pay the mover. In either case, let the Agency know before you move. What Is A Fixed Moving Payment? If you choose a Fixed Moving Payment, you will receive a payment based on the number of rooms of furniture you will be moving, as shown on the Fixed Residential Moving Cost Schedule. The Agency has a copy of the schedule and will help you decide whether choosing this payment is in your best interest. If you do not have an unusually large amount of personal property to move and are capable of moving yourself, this payment should be more advantageous to you. No special documentation is required to support your claim. You need only move your personal property and complete the appropriate claim form in order to receive your payment. I Want To Buy Another Home. How Much Purchase Assistance Will I Receive? To help you buy a comparable replacement home, you will receive Purchase Assistance equal to the sum of the following three costs: • Purchase Price Differential. If the cost of replacement housing exceeds the amount the Agency pays for your present home, you may be eligible for a payment to cover the difference. The Agency will inform you in writing of the location and O RSG Page 17MJJ cost of comparable replacement housing (and explain the basis of its determination) so that you will know in advance how much assistance you may receive. That information should help you decide how much you wish to pay for replacement housing. You are free to purchase any decent, safe and sanitary housing unit of your choice. If the purchase price is less than the cost of a comparable replacement home, the payment will be limited to the actual difference. If it exceeds the cost of a comparable replacement home, the payment will be based on the cost of a comparable home. Examples: Let's say that the Agency pays $120,000 to purchase your home and that a comparable replacement home costs $130,000. ❖ If you pay $129,000 for a replacement home, you would receive a $9,000 differential payment (the difference between the Agency's payment for the acquisition of your home and the cost of your replacement home). ❖ If you pay $132,000 for the replacement home, you would receive a $10,000 differential payment (the difference between the Agency's acquisition payment and the cost of the comparable replacement home). Mortgage Interest Differential Payment. This amount covers the "present value" of the additional costs required to finance the purchase of a replacement home that result if the interest rate you must pay for a new mortgage is higher than the interest rate on the mortgage on your present home. It also covers other debt service costs. The payment is based on the lesser of: the mortgage balance on your present home or your new mortgage amount. To be eligible, the mortgage on your home must have been a valid lien for at least 180 days before the Agency's initial written purchase offer for your home. You should provide the Agency with a copy of your mortgage(s) as soon as possible. Based on that information and the prevailing terms and conditions of new mortgage financing, the Agency will compute the approximate mortgage interest differential payment for which you will be eligible, inform you of that amount and explain the conditions on which it is based. The payment will be made available with the purchase price differential in a timely manner to reduce the amount you must borrow to buy your new home. Incidental Expenses. This amount covers those extra costs typically charged when one buys real property, such as the cost of preparing the deed and recording fees; the cost of title insurance, revenue stamps and transfer taxes (not to exceed the cost for comparable replacement housing); loan application, loan origination and appraisal fees; the cost of a credit report; and for other costs such as certification of structural soundness, home inspection and termite inspection. It does not cover prepaid expenses, such as property taxes and insurance. O RSG Page 18 EGG Remember, your total replacement housing payment is the sum of the purchase price differential, mortgage interest differential, and incidental expenses. To qualify for the payment, you must purchase and occupy a decent, safe and sanitary replacement home: within one year after the later of: the date you move or the date you receive the final payment for the acquisition of your present home. However, the Agency will extend) this period for good cause. If I Decide To Rent, Rather Than Buy, Another Home, How Much Assistance Will I Receive? If you decide to rent rather than buy a replacement home, you may be eligible to receive Rental Assistance. The assistance covers a 42-month period and is computed in the following manner. The assistance needed for one month is based on the difference between the market rent for your present home (including utilities), as determined by the agency, compared to a comparable rental dwelling available on the market (including utilities). That monthly need, if any, is multiplied by 42 to determine the total amount that you will receive. This amount will be paid directly to you in monthly installments or other periodic payments. Examples: Let's say that the monthly "market rent" and average cost for utilities for your present home are $250 and the monthly rent and estimated average utility costs for a comparable replacement home are $350. ❖ If you rent a replacement home for $360 per month, including estimated utility charges, you will receive $4,200. That amount is 42 times $100 (the difference between the market rent for your present home ($250) and the cost for a comparable replacement home ($350)). ❖ If you rent a replacement home for $310, including estimated average monthly utility charges, you will receive $2,520. That amount is 42 times $60 (the difference between the "base monthly rent" for your present home ($250) and the actual cost of your new home ($310)). To qualify for rental assistance, you must rent and occupy a decent, safe, and sanitary home within one 'year after the later of: the date you move or the date you receive the final payment for the acquisition of your present home. However, the Agency will extend this period) for good cause. The amount of rental assistance cannot exceed the computed purchase price differential. Must I File A Claim To Obtain A Relocation Payment? O RSG Page 19 n C '.. •. U Yes. You must file a claim for each relocation payment. The Agency will provide you with the required claim forms, help you to complete them, and explain the type of documentation, if any, that you must submit in order to receive your relocation pay- ments. If you must pay any relocation expenses before you move (e.g., a deposit when you contract for the purchase of a new home), discuss your financial needs with the Agency. You will be able to obtain an advance payment to meet these costs. An advance payment to purchase a home may be placed in "escrow." An advance payment for moving expenses may be paid directly to the moving contractor to ensure that the move will be completed on a timely basis. You must file your claim within 18 months after the date you move or receive the final payment for the acquisition of your present home. However, it is to your advantage to file as soon as possible after you move. The sooner you submit your claim, the sooner it can be processed and paid. If you are unable to file your claim within 18 months, ask the Agency to extend this period; however the Agency is not obligated to extend this 18 month period.. Be careful not to confuse this 18-month period with the 12-month period within which you must buy or rent and occupy a replacement dwelling in order to be eligible for a replacement housing payment. You will be paid promptly after you file an acceptable claim. If there is any question regarding your right to a relocation payment or the amount of the payment, you will be notified, in writing, of the problem and the action you may take to resolve the matter. Do I Have To Pay Federal Income Taxes On My Relocation Payments? No. Section 216 of the URA states that you need not report relocation payments as part of your gross income for Federal tax purposes. For information on State or local income taxes, you should check with the State or local income tax office in your area or with your personal tax advisor. What If I Don't Receive The Required Assistance. Can I Appeal? If you disagree with the Agency's decision as to your right to relocation assistance or the amount of a payment, or the adequacy of the housing to which you have been referred, you may appeal the decision to the Agency. The appeal procedure is spelled out in the HCD Grievance Procedure Guidelines and the Agency's Grievance Procedures. A copy of the Agency's procedures has been attached to the Relocation Plan. The Agency will inform you of its appeal procedures. Your appeal must be in writing. However, if you need help, the Agency will assist you in preparing your appeal. O RSG Page Z'G3 If you are a low- or moderate -income person and are dissatisfied with the Agency's determination on your appeal, you may have an additional right to request administrative reviiew of that decision (e.g., by HUD or the State). The Agency will explain whether this option is available. You can expect a fair decision on any appeal. However, if you are not satisfied with the final administrative: decision on your appeal, you may seek review of the matter by the courts. I Have More Questions. Who Will Answer Them? If you have any questions after reading this booklet, contact the Agency and discuss your concerns with an Agency representative. Agency: City of La Quinta Redevelopment Agency Address: 78-495 Calle Tampico La Quinta, CA 92253 Office Hours: 13:30 AM through 5:00 PM; Monday through Friday Telephone Number: (760) 212-2322 Person to Contact: Jon McMillen O RSG Page 21 � J 9 Attachment 5: Fixed Moving Schedule Schedule A Occu ant Owns Furniture Number of Rooms Payments 1 $ 625 2 $ 800 3 $ 1,000 4 $ 1,175 5 $ 1,425 6 $ 1,650 7 $ 1,900 8 $ 2,150 Each additional room $ 225 Source: California Department of Transportation, Federal Highway Administration Schedules O RSG Page`22 t Attachment 6 City of La Quinta Redevelopment Agency GRIEVANCE PROCEDURES Puraose: The purpose of the Grievance Procedures is to attempt to resolve disputes between the claimant and the Agency at the lowest possible administrative level while affording the claimant an opportunity to have a full and fair review of his/her case. Therefore, all relevant evidence should be presented at the lowest level of these proceedings. In any case where such evidence could have been presented at a lower level and the claimant failed to do so, the relevant hearing body may, at its discretion, refer the matter back to the lower level for consideration and determination prior to their considering such evidence. A failure to provide evidence at a lower level of proceedings may prevent the issue or evidence from being further reviewed, including, without limit, in judicial review for failure to exhaust remedies. These procedures are supplemented by HCD Guidelines sections 6150-6176. A. Right of Review Initial Determination: Any displaced person or business who is not satisfied with a determination as to eligibility, amount of payment, and failure by the Agency to provide comparable permanent or adequate temporary replacement housing or the Agency's property management practices, or not properly applying appropriate regulations, at his/her election, may have his/her claim reviewed and reconsidered by the Agency's relocation consultant in accordance with the: following procedures. To obtain an initial determination from the Agency's relocation consultant, claimant must complete a Relocation Complaint form and submit it to the Agency's relocation consultant and the City Clerk within (540) days from the date he/she moves from the acquired property or receives final compensation for displacement from the property, whichever is later. The Agency's relocation consultant shall provide the claimant with a full written explanation of the determination and the basis therefore, which explanation shall be provided within three weeks from the date of receipt of the request. The written explanation shall include a statement of claimant's right to seek within ten (10) days further review of his/her claim by either formal or informal review and an explanation of the steps the claimant must take to obtain this review. The right to an informal oral presentation as provided in section B below or a formal hearing as provided in section C below shall not be conditioned upon first obtaining an initial determination from the Agency's relocation consultant. B.Informal Oral Presentation Agency Review: If the claimant feels that the written explanation provided in section A above is incorrect or inadequate, or if the claimant desires to proceed directly to informal review, he/she may request an informal hearing with the Community Development Director or Designee ("Director"). (1) To obtain an informal hearing before the Director the claimant must request in writing that the Director schedule such a hearing. Such written request shall be O RSG Pie 23 �� made: (i) within ten (10) days from the date of the written initial determination or, if the claimant does not wish to request an initial determination, (ii) by submitting a Relocation Complaint form within five hundred forty (540) days from the date he/she moves from the acquired property or receives final compensation from the property, whichever is later. (a) Within fifteen (15) days from the date of receipt of claimant's Relocation Complaint form for an informal hearing, he/she will be afforded an opportunity to make an oral presentation, or to request a written review by the Director of the relevant documents and written materials submitted by the claimant. (b) The claimant may be represented by an attorney or other person of his/her choosing at the oral presentation hearing (at the cost of the claimant). (c) The Director shall prepare a summary of the matters discussed and determinations made during the informal hearing, or written review, and serve a copy thereof upon the claimant. (d) The Director shall review and reconsider the determination of the claimant's case in light of: - All material upon which the Agency based its original determination including all applicable rules and regulations; - The reasons given by the claimant for requesting review and reconsideration of his/her claim; - Whatever additional written material has been submitted by the claimant; and - Any further information which the Director may, in his/her discretion, obtain by request, investigation or research, to ensure fair and full review of the claim. - The proceedings shall not be bound by any formal rules of evidence. (2) The final determination on review by the Director shall include, but is not limited to: (a) The Agency relocation consultant's initial determination, if applicable; (b) The factual and legal basis upon which the decision is based, including any pertinent explanation or rationale; and (c) A statement of claimant's right to seek within ten (10) days further review of his/her claim by the City Manager and Assistant City Manager and an explanation of the steps the claimant must take to obtain this review. (3) The right to a formal hearing as provided in section C below shall not be conditioned upon first obtaining an informal hearing by the Director. O RSG Page 24 272 , ri O 41 I t. C. Request for Formal Review The City Manager and the Assistant City Manager Review: If the claimant feels that the initial determination by the Agency's relocation consultant, the Director's determination following the informal oral hearing, or written review by the Director is incorrect or inadequate, or if the claimant desires to proceed directly to formal review, he/she may request a formal hearing before the City Manager and the Assistant City Manager (or, if there is no Assistant City Manager, such other person as the City Manager may designate), acting as the Appeals Board ("Appeals Board"). To obtain a formal hearing before the Appeals Board the claimant must request in writing that the Director schedule such a hearing. Such request shall be made (i) within ten (10) days from the date of the Agency relocation consultant's initial determination, the Director's determination following the informal hearing or the Director written review or, if the claimant does not wish to request an informal hearing (ii) within five hundred forty (540) days from the date he/she moves fro the acquired property or receives final compensation from the property, whichever is later. (1) Within fifteen (15) days from the date of receipt of claimants written request, he/she will be notified of the formal hearing date. If the claimant requests additional time to prepare material for consideration and shows good cause therefore, the hearing date shall be continued to another date. (2) The Appeals Board shall, at the time it gives notice of the formal hearing date, notify the claimant that he/she has the right to be represented by an attorney or others at his/her own expense, to present his/her case by oral or documentary evidence; the right to submit oral or documentary evidence; the right to submit rebuttal evidence to conduct such cross-examination as may be required for full and true disclosure of facts; and the right to seek judicial review after having exhausted all administrative appeal remedies. (3) The Appeals Board shall review and reconsider the initial determination and/or the determination made at an informal hearing taking into consideration all material upon which the challenged determination was made, all applicable rules and regulations, the reasons given by the claimant for requesting review, any additional relevant evidence, oral or documentary, submitted by either the claimant or the Agency's representatives. No evidence may be relied upon by the Appeals Board where the claimant has been improperly denied an opportunity to rebut evidence or cross-examine a witness. The proceedings of the Appeals Board shall not be bound by any formal rules of evidence. (4) The Appeals Board shall make its determination within six weeks from the date on which the formal hearing is concluded or the date of receipt of the last material submitted, whichever is later. (5) The Appeals Board's determination shall be made in writing and shall contain its decision, the factual and legal basis upon which the decision is made and a statement informing the claimant of his/her right to appeal the decision to the Agency Board as provided below. 0 RSG Page 2.5 ,-� t-? , , (6) The claimant shall be promptly served with a copy of the Appeals Board's determination. Review by Re -development Agency. Any person who believes himself/herself to be aggrieved by any final decision of the Appeals Board may, within five (5) days after that date on the Appeal Board's notice of such ruling or act, appeal the Appeals Board's determination to the Redevelopment Agency Board of Directors (the "Agency") by filing with the Community Development Director a written statement of the rulings or acts complained of and the reasons for taking such appeal. The Director shall thereupon refer such appeal to the Agency at its next regular meeting and the Agency shall thereupon fix a time for the hearing of said matter, which time shall be not less than thirty (30) days from the time said appeal is presented to the Agency by the Director. On the date thus fixed, or on the date to which said hearing shall have been continued, the Agency shall proceed to hear and consider the evidence relating to said matter and shall make and enter on its minutes its final determination therein. The Agency may confirm, modify or set aside the findings of the Appeals Board, and the Agency's determination in the matter shall tie final and conclusive. No proceeding or action shall lie against the City, the Agency, the Community Development Director, the City Manager, the Assistant City Manager (or such appointed designee) or any member of either thereof, nor against any officer, agent or employee of the Agency or City to review or enjoin the enforcement of its determination or orders of the Agency made pursuant hereto, or to recover damages for carrying out such orders in a lawful and reasonable manner, unless such action is commenced within ninety days (90) from and after service of notice of the findings and determination of the Agency. Notice of the determination of the Agency shall be served by the Community Development Director upon the person, or persons„ taking the appeal. The effect of any order from which an appeal is taken as herein provided shall be suspended and of no force or effect until such appeal is fully determined. The claimant shall be deemed to have exhausted his/her administrative remedies upon filing timely appeals and the Agency taking action upon his/her complaint. E. Time Limits General: The; Community Development Director may extend any of the time limits as permitted by HCD Guidelines section 6162 upon a showing of good cause; provided, however, that the time periods established by these Grievance Procedures within which to timely appeal a decision from a lower body shall not be extended. Any refusal to waive a time limit may be reviewed in accordance with the procedures set forth in Section C above; provided, however, any request to review shall be made within thirty (30) days from the date of receipt by claimant of written notice that the request to extend time has been denied. F. Review of (Files By Claimant The claimant may inspect all files and records bearing upon his/her claim or the prosecution of the claimant's grievance, except to the extent the confidentiality of the material sought or the disclosure thereof is protected or prohibited by law. G.Effect of Determination O RSG Page 26 ,-,ry Determinations made by the Agency Board pursuant to the paragraph entitled "Review by Redevelopment Aoency" in section C shall be applicable to all eligible persons in similar situations regardless of whether any such eligible person seeks a review. All written determinations shalll be filed in the records of the Agency and available for public inspection. H. Right to Counsel Any claimant has the right to be represented by an attorney at his/her expense at any and all stages of the proceedings set forth in this Article. I. Stay of Displacement Pending Review If claimant seeks to prevent displacement, the Agency shall not require the claimant to move until at least 20 days after it has made a determination and the claimant has had an opportunity to seek judicial review. In all cases the Agency shall notify the claimant in writing 20 days prior to the proposed new date of displacement. J. Further Review If the Agency denies the eligibility of a claimant for a payment, or disapproves the full amount claimed, or refuses to consider the claim on its merits because of untimely filing, or any other ground, the Agency's notification to the claimant of its determination shall inform the claimant of its reasons therefore, and shall also inform the claimant of the applicable procedures for obtaining further review of this determination. These regulations prescribe the City of La Quinta procedures for granting administrative relief to any person aggrieved by a determination as to eligibility for a payment authorized by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the State of California Government Code Section 7260, et. seq., with regard to the obligation of the Agency to refer such person to an adequate replacement dwelling or to any person aggrieved by a determination as to eligibility for a payment authorized by the above legislation to provide the opportunity for his/her application to be reviewed by the appropriate department responsible for administering such payments. O RSG Pag&27 i COUNCHJRDA MEETING DATE: December 20, 2007 ITEM TITLE: Consideration of the Vista Santa Rosa Sphere of Influence RECOMMENDATION: Provide staff with further direction as deemed appropriate. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Scopes of work and contracts were previously approved for the development of a Strategic Plan and to conduct an infrastructure deficiency study for the Vista Santa Rosa Sphere of Influence. CHARTER CITY (IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the February 6, 2007 meeting, City Council considered the Sphere of Influence (SOI) as a study session item. The staff report addressed a multitude of matters relevant to the SOI; Council discussion focused on the fiscal modeling analysis conducted to date. During the discussion, Council Members asked about the potential for community facilities districts (CFD) and/or community service districts (CSD) to be utilized in the SOL Thus, the purpose of this report is to provide Council with additional information regarding these two financial tools. The City Council previously considered CFD's (Land Based Financing Districts) in 1999 and established a policy allowing such districts to be established for newly developing commercial or industrial projects. The February 2, 1999 meeting minutes are attached (Attachment 1). The City Council specifically excluded using land based financing districts for new residential developments. Such districts would be limited to addressing regional or community serving public facilities such as major streets and arterials, highway improvements, flood or drainage improvements, sewers, telephone ducts, electrical conduits, water improvements, libraries, fire stations, and transit improvements. Currently, public service costs are not included in the existing policy document. Existing residential neighborhoods were also identified, but are limited to addressing neighborhood serving facilities, such as street and sidewalk improvements. In summary, the procedure to form a CSD is generally governed by the LAFCO process, which requires the city to adopt a Resolution of Application to form a CSD and submit to the LAFCO organization process (including majority protest and election). CSD's are generally governed by a five -member board of directors. City Council members cannot be on the board of CSD's as they are subject to the restrictions and requirements of Proposition 218 (including voter repeal provisions). CSD's are permitted to issue bonds to fund services using the special assessment or special taxes as collateral for the bonds. If the City Council so desires, staff will initiate an update of the City Land Based Financing District Policy as follows: 1. Consider the addition of new residential neighborhoods to the existing policy. 2. Consider adding public services, such as police, fire, parks, libraries, etc. to the list of items that may be considered in such districts. 3. Evaluate CSDs as part of the City's policy on Land Based Financing Districts. Lastly, the staff report previously provided at the February 6, 2007 meeting (Attachment 2) addressed the Memorandum of Understanding with Riverside County, status of the consulting services contracts, summary of February 3, 2007 Community Workshop, status of the draft Riverside County VSR Land Use Plan, Airport Land Use Commission — Jacqueline Cochran Airport, and the South Valley Parkway and Land Use Plan. City Council may want to discuss these additional SOI relevant items. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Direct staff to further evaluate a policy revision to allow land -based financing districts (CFDs and CSDs) to be established with new residential development and to evaluate adding public service costs to the items allowed in such districts; or 2. Discuss the status of existing consulting service contracts and provide staff direction; or 3. Provide staff with alternative direction Respectfully submitted, C� Douglas Evans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City Council Meeting Minutes - February 2, 1999 2. Staff report with attachments - February 6, 2007 e'1 V� H.. 4 ATTACHMENT 1 City Council Minutes 4 February 2, 1 9 10. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROV OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT F TRACT 28912, RANCHO LA QU1NTA, TD DESERT DEVELOPMENT. ( SOLUTION NO. 99-23) MOTION - It was moved by Council Members Sniff/Hende on to approve the Consent Calendar as recommended and amended with Ite5K Nos. 3, 4, 8, 9, and 10 being approved by RESOLUTION NOS. 99-19 thro h 99-23 respectively. Motion carried unanimously. MINUTE ORDER NO. 9 -09. 1. CONSIDERATION OF APPOINTMENTS . THE HISTORIC PRESERVATION COMMISSION. There were no changes to the staff Xport as submitted to the City Council by the City Clerk's Department and qK file in the City Clerk's Department. Michael Mitchell gave a brief 90erview of his experience and qualifications. MOTION - It was moved b Council Members Sniff/Adolph to appoint Michael Mitchell to fill the unex ed term in the professional category for the Historic Preservation Commiss' n (term expires June 30, 2001), and Judy Vossler to fill the unexpired term ' the non-professional category (term expires June 30, 2000). Motion c ied unanimously. MINUTE ORDER NO. 99-10. Council Memp6r Henderson suggested that Council consider reducing the membership f the Cultural Arts Commission down to five members and to direct the 0tv Clerk not to recruit at this time. concurred. 2. CONTINUED CONSIDERATION OF RESOLUTION APPROVING THE REVISED POLICY AND APPLICATION PROCESS FOR FORMATION OF LAND -BASED FINANCING DISTRICTS. Mr. Falconer, Finance Director, advised that staff has held two meetings with BIA representatives to discuss the proposed revisions, and the meetings resulted _ in agreement on all issues except the definition of regional facilities and an appeal process. The BIA has proposed that interior public improvements be 1 included and staff feels that only regional facilities should be included that are City Council Minutes 5 February 2, 1999 of benefit to the entire community. As for the appeal process, staff noted that a letter of appeal can be processed to Council at any time and agendized for consideration if Council so chooses. The major disagreement was on whether or not to include interior improvements. Mr. Genovese, City Manager, introduced the City's financial consultant, Rick Ashburn, of MBIA MuniFinancial, and thanked the BIA and developers who participated in the meetings with staff. He advised that staff believes that land -based financing districts are a good economic tool when used appropriately. Therefore, due diligence analysis has been added to the policy for the purpose of identifying the need for any assessment financing, as well as the credit: viability of applicants and the financial viability of the project. If any concerns are raised, the City's bond rating should not be put at risk. All proposals should and will be analyzed for potential alternatives such as infusion of low -moderate -income housing funding and other economic/financing tools. Currently, the City has been excelling in the arena of residential housing without the use of assessment district financing. Therefore, staff believes that this economic development tool is not needed for residential housing at this time, but it may be appropriate for commercial development. Staff suggests that this may be the most reasonable alternative and will alleviate any confusion to the development industry. He concluded in pointing out that it's important to understand that the foreclosure proceedings are always a difficult process technically, emotionally, and politically. John Pavelak, 1535 South D Street, Suite 200, San Bernardino, President of Century Crowell Communities, spoke regarding the success of their last assessment district and stated that their only concern with the proposed policy is not allowing interior public improvements. Ernest Vincent, 1535 South D Street, Suite 200, San Bernardino, Vice President of Century Crowell Communities, presented a revised disclosure statement for notifying new homebuyers of the assessment district, and advised that they're in agreement with the 100% concurrence of property owners and dedication of 50% of the streets. However, he urged Council to allow more flexibility in the policy by allowing interior streets to be included, and stated that they do not anticipate any foreclosures. Mayor Pena felt it should be clarified in the disclosure statement that these assessment districts are not City -driven. Council Member Henderson felt the residents would look at the City as the responsible party anyway. City Council Minutes 6 February 2, 1999 Ed Kibbey, 77-564 Country Club Drive, Palm Desert, of the Building Industry Association - Desert Chapter, felt any kind of legislation should be workable and if the limitations are unrealistic, residential should be eliminated from it. He also felt the dedication of 50% of the streets is a benefit to the City and that interior streets should be allowed to help meet the dollar limitation. He urged Council to either do away with the 50% requirement or to allow the interior improvements. They believe that assessment districts are a good tool for the industry, as well as good for the homebuyer, and he urged Council to adopt a realistic policy. Robert Tyler, 44-215 Villeta Drive, questioned the effect these assessment districts may have on the resale market. Rick Ashburn, 28765 Single Oak Drive, Suite 200, Temecula, of MBIA MuniFinancial, encouraged the Council to keep in mind that these assessment districts are an economic development tool that should be used cautiously and prudently. The experts have determined that there is no net effect on housing costs, new or resale, and that it does not result in lower cost housing. He advised that the wisest use of these assessment districts is to spur development of a particular type or to assure funding for a major regional facility that might not be developed otherwise. Using assessment districts for regional _ facilities is becoming the trend, whereas the inclusion of interior improvements has become less attractive Statewide. In response to Mr. Kibbey, he advised that most of the agencies that he is aware of require the 50% dedication of streets. In response to Council Member Adolph, Mr. Kibbey advised that they have spoken to CVWD and understood that they would be open to discussions. However, the developers would still not be able to meet the requirement. In response to Council Member Adolph, Mr. Falconer advised that the current policy does not have the 50% requirement, and the reason for staff recommending that it be added is due to the last application submitted by Century Crowell Communities, wherein 80% of it was CVWD improvements. Council Member Adolph was concerned about setting a precedent. Mr. Genovese pointed out that the policy can always be amended based on economic realities at that time. Council Member Perkins complimented all the parties that worked on this, and stated that he felt the policy must be flexible. He felt it's a tool that should be used whenever it's appropriate, and that the City needs to help people get into City Council Minutes 7 February 2, 1999 homes. lie felt the policy is workable for both commercial and residential and supported going forward with it. Council Member Henderson had previously thought that the 100% concurrence of property owners would solve the problem, but now feels perhaps the policy should be limited to commercial if it's not workable for residential. She then commented on the use of City -driven assessment districts to provide public improvements and the difficulties related to Proposition 218. She believed assessment districts are a strain to the resale market, and pointed out that they are not tax deductible. She supported limiting the policy to commercial only. Council Member Sniff felt the best option is to support staff's recommendation with they clear understanding that legislation is frequently amended. He supported limiting the policy to commercial only. Mayor Pena stated that he was somewhat persuaded by Mr. Ashworth's comments, in that the proposed policy is consistent with what is being done in other communities. He was in support of staff's recommendation, but would also support limiting the policy to commercial only. Council Member Adolph supported staff's recommendation, but agreed that the City's residential growth has been good, and that commercial growth is what needs some stimulation. In summarizing the proposed policy, Mr. Genovese advised that it does not include interior streets, nor does it include an appeal process; it does include a requirement for 50% dedication of streets. He further advised that staff would not be approving any residential applications, therefore, to eliminate confusion it might be better to limit the policy to commercial. Council Member Henderson noted that the policy can always be brought back for reconsideration, if and when the City needs it for economic development. In response to Mayor Pena, Ms. Honeywell, City Attorney, advised that it would be dangerous to consider residential applications on a case -by -case basis because the City could be accused of acting in a capricious manner. There should be some criteria spelled out if residential is included. After a brief discussion, Council concurred on limiting the policy to commercial development. 2.33 City Council Minutes RESOLUTION NO. 99-24 1.1 February 2, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE REVISED POLICY AND APPLICATION PROCESS FOR THE: FORMATION OF LAND -BASED FINANCING DISTRICTS AND RELATED FEES. It was moved by Council Members Perkins/Sniff to adopt Resolution No. 99-24 as amended per staff's recommendation and limiting the policy to commercial development. Motion carried unanimously. 3. CONSIDERATION OF RECIPIINT FOR THE "LIVING FOR YOUR 90'S" PROGRAM. There were no changes to the st ff report as submitted to the City Council by the Community Services Departmapt and on file in the City Clerk's Department. In a brief discussion, it was noted,by Council that both candidates (Viola Messick and Gerald Shea) are active 'n the community and worthy to receive the award. However, being limited selecting only one recipient, Council _ concurred on selecting Viola Messick. MOTION - It was moved by Council M Messick as the recipient of the 1998 " Award. Motion carried unanimously. 4. CONSIDERATION OF VIEW IMPACTS AND RELATED TO THE WASHINGTON STRI AVENUE: 50 TO THE LA QUINTA EV/ IMPROVEMENT PROJECT NO. 98-09. s Sniff/Henderson to select Viola for Your 90's" Senior Inspiration 'E ORDER NO. 99-11. AESTHETIC FACTORS E WIDENING, FROM CHANNEL, CAPITAL Mr. Fuller, Assistant Engineer, advised that staff 's looking for Council's direction regarding aesthetic choices for the bridge raili \bougainvi barriers, and median related to the Washington Street Bridge Widenint, which was conditionally approved by Council on January 19, 1addition, staff needs direction regarding what mitigation, if any, isIn to relieve the impacts associated with the variable height retaining perimeter wall. In reviewing computer -generated photographs of the wdscaping from four different vantage points, he pointed out that the pwall will shield the view of passing vehicles and provide additional pd security for Duna La Quinta properties. Staff is proposing to use i a and other 3 ATTACHMENT #2 a f.� 04 t`1� Qum& ti 3 .G e� 6 14 `y OF.. TO: The (Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Coinm Development Director DATE: February 6, 2007 SUBJECT: Discussion Regarding Sphere of Influence East of City Limit The purpose of this report is to provide the City Council with an update on progress regarding Fiscal Considerations, Memorandum of Understanding with the _County, Professional Services, Strategic Plan, Vista Santa Rosa Task Force activity, Airport Land Use Plan for Jacqueline Cochran Airport, and the South Valley Parkway. City Council Subcommittee Since the last report of January 16, 2006, the Subcommittee met on January 24, 2007. Meeting topics consisted of an update on the County fiscal discussions and negotiations, Memorandum of Understanding for the SOI area, and the strategic planning process. Fiscal Considerations City and RSG staff have prepared a series of fiscal models to evaluate three land use density scenarios to evaluate fiscal consequences of potential annexations. Fiscal models considered a range of residential land use density ranging from 1.5 to 3.0 dwelling units per acre. Additionally, several annexation options have also been modeled including three separate annexation areas (as directed by the City Council) and a Monroe Street Corridor Plan (Attachments 1 and 2). All fiscal models result in a significant shortfall of revenue due to the amount of residential land and the lack of commercial development opportunities. Few options exist to generate additional revenue for the following reasons: • Location of the SOI relative to commercial development opportunities; o Low property tax rate for areas outside of the Thermal Community Redevelopment Area ("County RDA"); • The County RDA covers approximately 85% or 6435 acres resulting in virtually no property tax.. In the remaining area, the City would receive $0.07 per $1.00 of property tax. o� g 01 • Cost of public safety services and broad geographic service area; and • Lack of infrastructure and need to reconstruct virtually all existing roadways (approximately 33 miles of Arterial and Secondary thoroughfares). City staff is prepared to present aCsummary of the various fiscal models during the City Council meeting. As noted above, the fiscal models are complex and are based upon a number of assumptions. At the direction of the City Council, staff has met with Riverside County staff on two occasions to discuss opportunities to enter into a Pre -Annexation Agreement with the County and the County RDA. City staff initially presented a proposal to the County staff and requested County financial information in order to conduct a detailed evaluation of potential annexations. Key elements of the City proposal are as follows: 1. La Quinta to receive a percentage of the post annexation tax increment revenue. This revenue would need to be paid into the La Quinta General "Fund. 2. La Quinta receives 100 percent of the County Fire and Library post annexation 'tax increment revenue credited towards fire and library services. 3. The County would commit housing fund tax increment revenue generated in the annexation area towards affordable housing development that benefits both the County and La Quinta affordable housing programs. 4. The County and City mutually explore legislation that provides for both Redevelopment Agencies to receive credit for affordable housing development, with La Quinta's RDA receiving a one for one credit for units that it funds, 5. The County will fund capital improvements in the annexation area with post annexation tax increment revenue not pledged above. 6. The County Development Impact Fees generated in the Sphere of Influence to allocated to the SOI/annexed lands. 7. Community Facilities District and/or Road and Bridge Assessments will have a defined area of benefit to keep funds in the SOI/annexed areas. 8. Capital. Improvement Program records and financial statements to be made available to the City. 9. The City drafts the agreement(s) that implements the above transactions. �1 )2 On December 19, 2007, prior to a second meeting with City staff, Supervisor Wilson sent a letter in response to the City's discussion proposal (Attachment 3). The letter rejected virtually all of the City's. funding options and stated that the County would work with the City on a case by case basis on RDA capital facility funding and on future affordable housing opportunities. Supervisor Wilson's letter indicated the City could receive funding for fire and library services. City staff scheduled a second meeting with County staff to discuss this letter and seek clarification on several points. County staff verified that the funding the city was seeking would not be available to the City, including fire and library funds. Based upon the Supervisor's letter and follow-up meeting, it is apparent the County will not assist the City with any direct funding that would assist in providing public services. Some funds could be available, on a case by case basis, for capital facilities. Additionally, some of the County revenue including, tax increment, fees, and possible road and bridge assessment districts, will be utilized to fund improvements outside of the SOL In conclusion, without County assistance, the amount of tax revenue that could be generated in the SO1 cannot support the cost of future City services and capital expenditures. Reducing density, even dramatically, will reduce costs, but cannot eliminate the imbalance in revenue versus expenditures.' The only option available to attempt to reduce the fiscal gap is one-time pre - annexation fees, community services districts (CSD), community facilities district (CFD), or special taxes. For residential development the gap may be greater than the market can accept. In addition, if the City Council directed staff to amend its current policy prohibiting assessment districts for residential projects, this funding mechanism has a number of limitations that will need to be evaluated. Based upon a very detailed fiscal evaluation, it is apparent that annexations will not be revenue neutral or positive and the existing General Fund revenue would have to - be committed to this area if it were annexed. Riverside County — Memorandum of Understanding City and County staff have been working on a number of edits to the proposed County/Cities MOU Regarding Land Use Planning Standards and Entitlements. The City initially submitted comments and County staff responded with concerns that this document needed to cover all cities and that some of the City's concerns were specific to the SOL Staff responded by removing the areas of concern noting that the County suggested that specific concerns such as fiscal issues could be addressed in a Pre -Annexation Agreement. Subsequently, the revised document (Attachment 4) was provided by County staff. This revised document included a series of additional edits by County staff. Since these are new items, (shown in blue) City staff has asked if all County Departments have approved these revisions. County staff indicated additional comments may be forthcoming. Based upon this, ti 03 City staff has asked the County staff to submit all edits so a final County proposal can be reviewed and presented to Council. A key component is the added language on Page 2, Item II.A.1., by the County staff as follows: "The term 'strict' will be limited density, height requirements." Staff has expressed concern that this is too limiting, and is inconsistent with initial discussions with County staff. Additionally, on Page 4, Item II.B.2.1 the City requested a 45-day review time; the County responded with a 30-day review time with the option for an additional 30-days under the project is a Board of Supervisors "Fast Track" project. Staff suggested 45-days so the Planning Commission and City Council would have time to review the S01 development proposals. County staff has indicated that it will have a revised draft by next week. Professional Services — Budget Implications Shortly after the ILAFCO decision in late April, 2006, City Council directed staff to proceed with analyzing the potential annexation of the approximately 8,000 acre SOL Since then, consultant services have been rendered to assist staff with a fiscal analysis, strategic planning, and an infrastructure deficiency study. A summary of each service and associated funding is provided below: • Fiscal Analysis — RSG has been assisting staff with the financial analysis of annexing the SOL The analysis has been based upon using three land use density scenarios. A substantial amount of work has been conducted on this task. The budgeted amount for this service is $75,000. • Strategic Plan — RBF was retained late last summer to assist city staff with the development of a strategic plan for the SOL Following completion of a community workshop in early December, staff proposed extending the scope to provide greater detail regarding land use, design and development standards for the SOL At the January 16, 2007 meeting, the City Council approved a contract extension allowing for a process to complete these tasks. Approximately 40% of the work items have been completed to date with a second community workshop scheduled for February 3, 2007. Total budget amount for this service is $120,825. • Infrastructure Deficiency Study — Katz, Okitsu & Associates was retained in December to prepare a deficiency study for the road infrastructure within the SOL A kick-off meeting was recently conducted for this service with only a limited amount of work conducted to date. Total budget amount for this contract is $80,330. In addition to these three services, an additional work item to establish a plan of services for LAFCO has also been identified and a budget amount of $100,000 _ established. This work item has yet to commence. M Strategic Plan — SOI Workshop A second Community Workshop has been scheduled for Saturday; February 3, 2007 from 9:00 a.m. to 3:00 p.m. at the La Quinta Senior Center. The purpose of this all day workshop is to provide opportunity for all parties interested in the future of the SO1 to give their input on the future land use, design and development standards for the: SO1 area. The workshop agenda includes group presentation followed by two small group breakout sessions that will focus upon design and map details. The land use design and development approach for the SO[ will be form based, which relies heavily upon design standards supported by illustrations. A copy of the meeting agenda is attached (Attachment 5). Staff will provide an update at the City Council meeting. Draft County VSR Land Use Plan — VSR Task Force County staff continues to work with the VSR Task Force members in reviewing the Draft Land Use Plan for the entire VSR area. Just prior to the January 25, 2007 Task Force meeting, County staff provided Task Force members with a revised land use concept map and specific text further explaining the land use concept, policies (including planning areas), transitions and buffers, as well as open space and community ameniities. Copies of the map and text are attached (Attachment 6). Discussion during the meeting focused upon differences between the proposed concept map and the County's existing land use policy, transitional buffers, and density transfers. Several members expressed their strong desire to maintain the current overlay boundaries "as is" and -to see those areas outside the overlay boundary maintain a low -density similar to the current density of one unit to five acres. Concern was also raised with regards to the potential for density increases or bonuses. Other members questioned the very low -density residential designation proposed north of Avenue 62 west of the proposed lifestyle corridor. Task Force members asked County staff to conduct a residential unit and commercial square footage count for the proposed concept map. Task Force members also expressed concern with the road infrastructure in VSR; more specifically regarding design and potential impact from the South Valley Parkway development proposal. The February 1, 2007 Task Force meeting is devoted to the South Valley Parkway with emphasis upon the traffic modeling, proposed transportation infrastructure improvements and funding for the VSR area. The Task Force draft comments on this planning effort are attached. (Attachment 7). Airport Land Use Commission — Jacqueline Cochran Airport City staff attended a workshop conducted by the Riverside County Airport Land use Commission (ALUC) on January 24, 2007. The workshop discussed the Commission's role in land use decision making process. County staff and ALUC Commission Chair Housman gave a brief overview of their role in land use policy, their need to review plans, and their concerns with land uses around airports. 05 ALUC staff explained the six airport influence area zones surrounding the airports. Specific to Jacqueline Cochran Airport and the City's SO1, Zone D influences the eastern segment of the SOI southwest of the Airport Boulevard and Harrison Street intersection. Zone D restricts residential densities to over 5+ units per acre or one unit per five acres., Commercial density is also constrained, limiting the number of people per acre to not exceed 100. In addition, buildings and uses that would accommodate large assemblies (schools, hospitals, sports arenas, etc.) are either prohibited or discouraged. The development standards for Zone D will impact future land use in this segment of the SOI and will be incorporated into the strategic planning effort currently underway. South Valley Parkway and Land Use Plan City staff continues to monitor the progression of the South Valley Parkway developme0t proposal. The City staff is drafting a letter commenting on the South Valley Parkway Traffic Study Preliminary Draft Report expressing concern with the lack of detailed information necessary to fully assess the potential impact of the proposed development and the county's pr oposed Phasing Plan. City staff has received the information made available to the South Valley Parkway meeting group and is currently in the process of reviewing the material. To date, the material includes transportation, parkway design, and agriculture conversion. City staff has heard that a community phasing and transportation funding program is tentatively scheduled for presentation to the Riverside County Planning Commission in March and the Board of Supervisors in April. The City Council may want to invite County and landowner representatives to make a presentation at an upcoming Study Session. Attachments: 1. Annexation Option A — Council direction 2. Annexation Option B - Monroe Street Corridor Plan 3. Supervisor Wilson's I etter dated December 18, 2006 4. Revised MOU 5. S01 Workshop Agenda 6. County's Revis ad Land Use Concept.Map 7. Task Force draft comments on Traffic Study Z2 j f :.8' ii�"$' RrvERsm$ OertC6: 4080 Lemon street, 50S Fl o Riverside, CA 92S021"7 (951)955-I040 Fax (951) 955-2194 SuPERVLSOR Roy WILSON FouRTH Dwmcr ATTACHMENT 3 t Dat>3tcr 0 I •p� 73-710 Fred wadntDriv Palm Desert, CA ft2QJM_ (760j869.8 n Or December 18, 2006 Thomas P. Genovese La Quinta City Manger 78-495 Calle Tampico La Quinta, CA 9:2260 Dear Tom, I appreciate you and other La Quinta City representatives meeting with County staff to discuss annexation issues pertaining to the Vista Santa Rosa (VSR) community located within your city'.s Sphere of Influence (SOI). -During the meeting that took place on,October 27, 2006; you submitted a list of proposals, some ofwhich the County is in a position to support, and of which we clearly cannot. . °" ,,k Your request"for � Y,9'of t7ie tax increment is one that cannot be accommodated. Abu have.appazently placed tllis`,*uest on the table based on an existing agreement �n betwgen the Coun ' Redevelopment Agency (RDA) and the City of Corona: That :'s< eazlief.a'greeme, however, was based on post -AB 1290 (33607.5 of the Health and Safety s e� reg(daflo%-an the 'bamal RDA was established prior to passage of AB 1290: The tilnt �'s stantlard'is to grant 25 percent of its portion of the base property tax to the annexing city. The County cannot place itself in a position of setting a precedent that all cities would pursue. Moreover, the City of Corona, in order to obtain a 25. percent share of the ,:a ► xCi#tpnty"s approximately 10 percent portion of the 20 percent pass -through on the tax -increment came about only after the City agreed in a separate MOU to provide additional >=specified services. The County's RDA is willing to consider providing funding for projects within the boundaries of Vista Santa Rosa Where it overlays with the Thermal Sub -Area of the Desert Communities Redevelopment Project Area (Project Area). •F.uriding will be considered on a caseby case basis based on need and funding availability. Approval of each project is subject to the consideration and approval of the County RDA Board of Directors. 11 Thomas P. Genovese La Quinta City Manger December 18, 200E Page 2 Your proposal that the City receive 100% of the County Fire and Library post - annexation increment for fire and library services is a standard provision in most annexation agreements, and we would therefore concur with this request. City staff requested that the County's RDA commit 20% housing funds towards affordable housing projects in the annexed portion of the project area for the benefit of the County's RDA and La Quinta. The annexed portion of the Project Area will continue to be eligible to receive housing funds from the County's RDA for the purpose of benefiting the project area. However the County's RDA cannot impose its affordable .housing obligation on La ,Quinta and therefore cannot build. -anything for the benefit of La Quinta. This request seems to imply that La Quinta is asking to receive credit in the HDC production obligation for projects that the County's RDA funds. This is not possible and we cannot agree. The County, is willing to consider supporting special legislation from the State that would allow the City to overcome the two -for -one affordable housing provision or mutually -exploring legislation that provides for both the County and City RDA's to receive one -for one: credit for housing units that each fiords. Vista Santa Rosa is part of the Coachella Eastern Area plan of the master plan. Developer impact i:ees that have been generated from this area are already committed to projects that either directly or indirectly benefit the Vista Santa Rosa community. We therefore cannot support carving out portions of this funding. There are no existing Community Facilities Districts (CFDs) or Road and Bridge Assessment Districts (RBBDs) in the Vista Santa Rosa Area, but the County is willing to support the creating of zones of benefit within any proposed CFDs or RBBDs. This should satisfy your staXs request of defining areas of benefit to keep -these types funds in the SOI/Annexed Area. I hope that this letter clarifies the County's position regarding the various proposals you have submitted to us. Supervisor rside ^94 12 ATTACHMENT 4 COUNTY/CITIES MEMORANDUM OF UNDERSTANDING REGARDING LAND USE: PLANNING STANDARDS AND ENTITLEMENTS Draft: City of La Quinta August 14, December 7 2006 Edits Revisions our= I. This Memorandum of Understanding (MOU► is entered into with reference to the following facts: A. Representatives of the County of Riverside (County) and cities of Riverside County (Cities) have met and have, in good faith, agreed to enter into an MOU concerning the Riverside county Integrated Project and its effects upon the County and the Cities. The County intends this MOU to be available at this time to the following Cities: Banning, Beaumont, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm ;Springs, and Rancho Mirage. B. The Riverside County Board of Supervisors acknowledges the need Ito work cooperatively with Cities on issues of land use, mobility, economic development, recreational facilities including trails, other public -facilities, and open space and wildlife habitat protection and conservation. Riverside County has been, and will continue to be, one of the fastest growing regions in California. Economic forecasts project that Riverside County will . approximately double its population in the next 20 years. To accommodate the current high level of growth in our region, County and cities need to develop common goals and approaches to deal, with new development. Deleted:Ing _ C. Development proposals are acknowledged to cover a very wide range of annlications and actions. In order to narrow the scope of. and Cities agree that "development proposals" covered by this MOU shall only be significant projects involving a high degree of second units and agricultural buildings. The scope of this MOU shall be further narrowed within particular portions of the MOU which define actions applicable to specific types of development proposals. It is understood that time frames or processes rp ovicled for under the California Environmental Quality Act (CEQA) or mandated by state law shall supersede this MOU. 13, D _ _ - _ County and Cities hereby agree to various understandings, goals, and actions that will facilitate their cooperation in the planning ; --- and development of Riverside County. ,These agreed upon ports"- Deleted: Cities nave cond linrichon: may be implemented through the County's General Plan, adopted cowry Integrated "act, which in 2003, the General Plans of Cities, and through various addresses transportation, multiple implementing ordinances and policies of both Count and Cities. P 9 P Y species habitat conservation, and land use planning, to the resoWtion County General Plan Land Use Element Policies No. LU 1.3, LU of city/county issues. 3.3, and LU 4.1 generally require the County to coordinate with cities on development review within city spheres of influence, and require a number of specified standards for planning and design for development proposals within city spheres of influence. This MOU is intended to establish a mechanism whereby the County and Cities will cooperate in the implementation of each other's General Plan. •------------"'----------------- ----------,'" Deleted: will require the county and Cities in the implementation of II. Representatives of County and Cities have reached an understanding as to certain policies to be adopted and actions to be undertaken by both County and Cities. Therefore, County and cities agree as follows: A. County Actions: County will adopt a policy setting forth more specific land use development standards within city spheres of influence, whereby a city's land use development standards would be implemented where they are more strict than the County's standards and the County's standards would be implemented where they are more strict than a city's standards. The term "strict" will be limited density, height requirements. Prior to the adoption of the 2008 update of the County General Plan, County will strive to establish in city spheres of influence development standards that are mutually agreeable to both County and Cities and that are consistent with County General Plan las amended). Where differences arise in standards that directly affect public health and safety, County in all instances reserves the authority to apply standards that in its sole judgment are consistent with its basic responsibility to protect the Health, safety and welfare of the public. , 2. County will adopt a policy and implement standards to provide that new development occurring in unincorporated areas will "pay its own way' in accordance with a County Community Facilities and Services Plan, which County intends to adopt along with or prior to the 2008 update of its General Plan. The phrase "pay its own way' means that development pays its initial capital cost of infrastructure improvements. The County__;N;' will establish programs that will be continuing obligations of the C:lDocumenw and seltings%yrnmim cal SettingelTrynporary Internet RIWOLK30ecember 18 ReAsion.DOC. the County General PIan.1 (Deleted: l De1MM: C:1Documents aril C:1Docttmenta and member 18 Reviaion.DOC Deleted: http ://0wa.m.Hvmido.c a.us/Exchenge/DanMartinez/lntox/F W: Sol MOUXIVIM m iripart_xFBFF_2 De camber 1 Revision.DOC/C88EA28C.1 SCO- 4a97-9AF2- 038E93DDAF83/December) Revision.DOVanach=1 l4 County utilizing a Community Facilities District (CFD), County Service Area (CSA), or other ongoing funding mechanism, subject to the requirements and limitations of Proposition 218. The use of Homeowner Associations (HOAs) will be limited to serviices or facilities servicing only specific groups of property owners involved with the WAS. 3. County desires to jointly plan with Cities in unincorporated areas adjacent to Cities. To facilitate this cooperative effort, County will inform cities through appropriate transmittal to half mile of the city limit. Additionally, County will not approve any residential tract map, major commercial or industrial project, or project requiring a change of zone or a general plan amendment that is inconsistent with a City's adopted general plan for its sphere of influence until: a) the appropriate City staff and the project applicant have met, if a meeting is desired by City to review the subject development proposal, and b) City has been provided a reasonable opportunity to review the proposal and provide County with any comments or recommendations that it may have regarding the proposal. The purpose of the referenced meeting and/or review is to develop land use planning entitlement requirements regarding the project that are agreeable to both the. County and City, that will be submitted to the County Planning Director or Planning. Commission, as appropriate, for review and action, or submitted as a recommendation to the Board of Supervisors for action. County agrees to direct project applicants to actively work with Cities to facilitate City review of their proposals, which may include meetings with City, providing to City all site plan, architectural, and other information normally required by County, and such additional reasonable information as may be determined necessary by City to properly complete its review. County agrees to provide Cities with notice of all public hearings regarding projects affected by this MOU. County will incorporate City comments and recommendations into projects and under all circumstances present the City recommendations to the applicable County decision — making authorities. located within '/t mile of the city limit adjoining an unincorporated area that are transmitted to them by City, and, in each case provide to City a letter stating any comments or recommendations that they may have regarding a development proposal County agrees to complete project reviews and (x C:\Documents and Senin9s\Ymunb11-o I Bets' gslTemaorary 1 t t F'les\OLK3\December 18 Revision.DOC Deleted: CADocuments and 1s ecen"r 18 Revisbn.DOC Deleted: ht".-HOWS-COAVereMe.c a.os/Exchange/DsnManiriez/lnbox/F w: Sol MOU.EMUI muldimt_xFBFF 2 De comber 1 Revleion.DOC/CSeEA2ec1 SCO- 4a97-9AF2- 036E93DDAFB3/December I 15 provide to City letters of comments or recommendations by the an additional 30 days. County agrees that at the end of an agreed upon review and comment period City may proceed with its normal development review process, including conducting a public hearing, and acting to approve, approve in modified fashion and/or with conditions, or deny the case, whether or not City has been provided with written County comments or recommendations. When a case is set for public hearinD City will provide County with advance notice of said hearilg B. City ,Actionsti _ ' y_ Cities that are members of CVAG will support and work -in -good faith with County and CVAG to update and implement the Transportation Uniform Mitigation Fee (TUMF) for the Coachella Valley, or continue with the current alternative transportation funding program. , 3 _ Cilia& agree_to review all devOcipment_proposals_within their _ _ _ _ spheres of influence that are transmitted to them by County, and, in each case, provide to County a letter stating any comments or 'recommendations that they may have regarding a development proposal. Cities agree to complete project reviews and provide to County their letters of comments or recommendations by the due date for a response that is specidied in the project transmittals. The Cities upon written request may be provided an additional 30 days unless it is formally a "Fast Track" project as approved the Board of Supervisors. Cities_. agree_ that at the end of an agreed upon_ _ _ _ review and comment period, County may proceed with its normal development review process, including Fonducting a_ public hearing, Md.acting to approve, approve in modified_ fashion and/or with conditions, or deny the case, whether or not County has been provided with written City comments or recommendations. When a case is set for public hearing, W County will provide City with advance notice of said hearing. ; u � qq leealied n , Fe&nally signifieaAl PF8j8646 within Cities. The PelieY Wlil-I ie ,n IkAA. above to EIPPIY W PFSjeG4S leeated wiIhin skies, ElAe-UAlAA-A-FpA-FR-t-Ad 0 CADocumerds and SatfingsXymuniz\Local SeftingslTempme,y Internet F les\OLMDecember 18 Revision.DOt Deleted: 1 1 1.. Each respective City Council of each City Not Is a member of the Coachella Valley Association of Govemments (CVAG) will consider adoption of a Resolution In support of the Coachella Valley Wiliple Species Habitat Comervelion Plan fCVMSHCP) when such plan has been approved by the CVAG Executive Comminee.1 1 2.. Cfdes that are members of CVAG will support and work in good faith with County and CVAG to develop and implement the CVMSHCP. Deleted: 3 Deleted: 4 Deleted: Its Deleted: in the project in the project ttansmittals width shad t minimum of 45 days, or such of reasonable period of time agreed w by both County and Cities. Deleted: setting a case for Deleted: , conducting the hearing, Deleted: a Deleted: 5 Formatted: Strilardsough Deleted: CADocuments end Inserted: CADncurrrents and SmtN9s4mafefix.RCBOS\Dssktop\D ecember 18 Revlefon.DDC Deleted: httpa://owa.m.dvmids-c a.us/Exchenge/DonMerlinez/Inbox/F W: Sol mou.EMU1 muidpart_xFBFF 2 Ds camber 1 novis)on.DOC/C58EA28C-18CO- 4a97-9AF2- 038E93DDAF83/Docember1 Revision.13=81tach = t l6 w:�w aFea. (Revised to incorporate II.A.3. provsions instead of asking cities to adopt a "companion policy.") C, ity, de_sires_to_jointly plan with, County iqC, ity areas located within 'h mile of a City limit adjoining an unincorporated area. To facilitate this cooperative effort, City will inform County, through appropriate transmittal to County staff, of development proposals in the City within '/: mile of an unincorporated area. Additionally,, the City will not approve any residential tract - _ __ map, major commercial or industrial project, or project requiring a change of zone or a general plan amendment that is inconsistent with a C, ounty adopted generalplan for, an adopted sphere of influence ur til_ a) the_appropriate, County staff and the project applicant have met, if a meeting is desired by,County to review the subject development proposal,_ and b_ ), Count has been provided a reasonable opportunity to review the proposal and provide C• Ity with any comments or recommendations that it may have regarding the, proposal. The purpose of the referenced meeting and/or review is to develop land) use planning entitlement requirements regarding the project that are agreeable to both the County and City, that will be submitted to the City Community Development Director or Planning Commission, as appropriate, for review and action, or submitted as a recommendation to the, City Council for action. - ,Cny_ agrees to direct project applicants to actively work_ with, , Count to facilitate, County_ review of their proposals, which may include meetings with County, providing to Co• unty all site :- plan, architectural, and other information normally required by G. ity, and such additional reasonable information as may be determined necessary by.County to properly complete its review. City agrees to provide,County with notice of all public heaiings regarding projects affected by this MOU. City will incorporate,Coutty comments and recommendations into projects and under all circumstances present the Co, Unty recommendations to the applicable C..ny decision —making authorities. 4. The City will inform the County and provide the chance to comment on all pre -annexation development proposals submitted to the Citv but within unincorporated areas. Countv ; shall be given at least 21 days to respond after notification by the City nr ur C. Joint City/County Actions: Y7 Yr Yr Yr 1 Ct\Documents and settinos\vmuniz\Loeal Settings\Temporary Internet Files10LK3\Detxxnber 18 Reviston.DOC 1 Deleted: city's Deleted: its Deleted: an adopted Deleted: City Deleted: City Deleted: City -- —�5 Deleted: County Deleted:mounty Planning Deleted: Board of Supervisors Deleted: County �K Deleted: Cities Deleted: City ,Meted. City �. Deleted: County �ty Deleted: city Deleted: County Deleted: Cities Deleted: County Deleted: City Deleted: City T Deleted: County Deleted: C:\Documents and SMtin9s\mate6x.RCSOS\Desttop\D asatnber 18 RevislowDOC tnsezted: C:9Jocumonm and Settings\rnsieHx.RCBD9\Deattop\D ecember 18 Revision.DOC Deleted: hups1lows.m.riverside.c a.us/Exchan9e/DanManinezRnbox/F W: Sol MOU.EML/1 multlpstt xF8FF 2 De camber 1 Revislun.DOC/CBBEA28C-1 BC6 4a97-9AF2- 036E93DDAF83/December 1 Ill }. County and individual Cities will jointly establish a practical, standard procedure that both Cities and County will follow to implement the joint project review process. The procedure will define the range of projects to be subject to joint review. 2. No additional review or permitting fees will be imposed on developers due to implementation of this MOU. _County and Cities agree to implement the foregoing policies and _ - Deleted: z actions as soon as practicable. II. This MOU shall' take effect upon approval of the governing boards of County and Cities. County of Riversidle City of La Quinta Chairman Mayor Riverside County Board of Supervisors i r n n/ r rt/ rr/ P/ Fr Y CADocumems and SeninoslymunfzLLocal SettinoWempomry Internet nles10LK30ecember 18 ReAsion.DOC Deleted: C:1Documents and Inserted: C:1Documems and Settln9eMa/eex.RCBOS1Da3ktoplD ecember 18 Revlsion.DOC Deleted: harps://owa.co.riveraMe.e a.us/Exchange/DanManinez/lnbox/F W: Sol MOU.EMU7_multipart 08FF_2_Do camber 1 Revlsioo.DOC/C58EA28C-18CO- 4o97-9AF2- 03BE93DDAFB3/December 1 Revlslon.DOUanach-1 ATTACHMENT 5 City of La Quinta -- Vista Santa Rosa Community Workshop La Quinta Senior Center 78450 La Fonda La Quinta, CA February 3, 2007 9:00am to 3:00pm Agenda 9am — 9:15am Welcome & Purpose of the Day ■ Purpose of Community Workshop ■ Update on La Quinta's Planning Process for VSR 9:15 — 9:45am Approach to the VSR Code ■ Introduction to Form -based Codes ■ Introduction to the VSR Transect • Contents of the VSR Code ■ Community Roles in the Code 9:45 — 12:30pm Transect Design Details: Teamwork#1 • Teams Organized By Transect Interest • Community Preference Survey o Street Attributes o Types of Public Spaces o Building/Street Frontages o Building Types o Neighborhood Characteristics o Town Center Characteristics o Village Center Characteristics o Public Frontage Setback Treatments o Collector Street Designs o Gateway Treatments 12:30 — 1:00pm Lunch Break 1:00 — 2:30pm The VSR Transect Map: Teamwork#2 ■ Teams Organized to Include Diverse Interests ■ Review and Refine Draft VSR Transect Map 2:30 — 3:00pm Questions, Closing Comments, Next Steps & Comfort Levet ■ 20-minute Q&A Between Community & City/Consultants ■ 3-minute Next Steps ■ 3-minute Comfort Level Exercise ■ 4-minute Closing Comments y 19 ATTACHMENT 6 VISTA SANTA ROSA COMMUNITY - LAND USE CONCEPT PLAN Revised Draft: January 19, 2006. The Vista Santa Rosa (VSR) community was recognized by the Riverside County Board of Supervisors in 2001, with the establishment of the Vista Santa Rosa Community Council. In 2003, when Riverside County adopted its General Plan, Vista Santa Rosa was provided with its own special land use policies. At the time of the adoption of the General Plan, however, the land use plan was not completely finished. It is the purpose of this VSR Land Use Concept plan to provide more detailed guidance for development activities in the VSR community until the adoption of the next major General Plan update in 2008/09, at which time, the General Plan will be updated to incorporate these policies, as well as additional refinements deemed appropriate as a result of the General Plan update process. The boundaries of Vista Santa Rosa are, in general, Avenue 50 on the north, Monroe Street on the west, Avenue 66 on the south, and Harrison Street on the east. Although not apart of the area covered by the existing VSR General Plan Policy Area, or the VSR Community Council, for the purposes of these policies, a small unincorporated area located between Avenues 62 and 64, west of Monroe Street, has also been included in the VSR Land Use Concept Plan. Vista Santa Rosa is a special community where country club and residential development interface with agricultural and rural, equestrian -oriented lifestyles. In order to ensure that the community develops in a harmonious manner that protects and enhances its value to area residents and landowners and the County, this Vista Santa Rosa Land Use Concept Plan has been prepared. I. Overall Land Use Concept. The overall purpose of the VSR Land Use Concept Plan is to refine the very general land use plan that was ad'.opted into the County's General Plan in 2003, in order to provide better guidance for development activities until the County.'s. General Plan undergoes its next major uptlate in 2008/09. It is not tho intent of this plan to significantly alter the basic goals, objectives, or land use patterns established by the 2003 General Plan. However, in order to increase the amount and value of community amenities, and their affordability, to provide additional opporl.unities for rural and equestrian lifestyles, and other important community objectives, some changes in land use planning are recommended for the community to support these objectives. The most important change would be for the areas designated as Agriculture within Vista Santa Rosa; for the most part, these areas would be changed to the Rural Community Foundation Component, to allow for additional equestrian— and rural - residential lifestyles, to support the community's interest in encouraging this type of development. Any land use proposal would need to be compatible with adjacent active (current or anticipated in the future) agricultural uses, through the use of site design mechanisms, and significant structural and/or use setbacks, where needed. 1 21 The heart of the community would be centered along Airport Boulevard, between Jackson and Van Buren Streets. Here, a mixed -use Town Center is proposed. Surrounding that, would be most of the future development in the community, especially that of higher intensities. It will be important: in this area to ensure that Vista Santa Rosa's open, rural -character is preserved, through setbacks to preserve frequent long views, narrow, landscaped street designs to calm traffic and to soften the visual appearance of roads, and to ensure that ongoing agricultural operations are adequately buffered from surrounding development. Other major areas of future development will be in the northeast portion of the community, adjacent to the city of Coachella, and along Harrison Street, which would include Commercial, Business Park, higher density residential, and tourist —oriented uses, in an area largely subject to special land use restrictions and opportunities, due to its proximity to the Jacqueline Cochran Regional Airport. The northwest and southern portions of the community would be largely devoted to continuing agriculture, rural residential and equestrian uses, and a limited amount of small lot residential and very limited amount of commercial development, to provide for a mixture of housing opportunities throughout the community, and to support the provision of important community recreational and public amenities. A. Community Lifestyles to be accommodated. The land use concept plan is intended to accommodate and encourage a harmonious blend of agricultural, rural residential, equestrian, country club, resort, tourist -oriented, and more suburban residential lifestyles. It will incorporate important community identity and image creation/preservation mechanisms, such as the VSR Design Guidelines, cross -community enhanced tail systems, called Lifestyle Corridors, enhanced setbacks to preserve long views, softened transitions between potentially incompatible land use types, and other measures. B. Land Use Concept Plan. The Land Use Concept Plan includes these policies plus a land use designation map (enclosed separately). C. Lifestyle Corridors and Trail System. To protect and enhance VSR's open, rural character, and provide a community gathering place/linear park and trail corridor, two "lifestyle corridors" are planned to be developed through VSR, one north -south, generally located mid -super (between "mile"streets) block, and one east -west, along Avenue 58, connecting the south end of the HITS facility with Lake Cahuilla. These corridors would contain the most important equestrian, bicycle (and would be designed to accommodate golf carts), and pedestrian paths in the community, but would also be used for both local and cross -community access (either directly, or by spur trails) to polo fields, rural home sites, and future neighborhood parks and schools, and smaller scale - neighborhood commercial uses, community centers, etc. ^ O J n J 2 22 The idea is that one could choose to drive, but frequently they'd prefer to use the lifestyle corridor, which would be convenient for many different daily purposes - and inviting, and of course, it'd be designed for active recreation. The lifestyle corridors would consist of public (trails, buffering landscaping, and parks, schools, a community center, and a library, for example), quasi -public (HOA open space, recreational areas, including trails, and occasionally golf courses, visible and part of the broader open space aspect of the Lifestyle Corridor, even if they're not open to general public usage, and private lands, including in particular, rural home -sites (2 acres or larger), farmland, and small businesses, say, a Starbucks, bed 8, breakfasts, etc., having some orientation to the Lifestyle Corridor. It would also include as many community "icons" as possible. In reality, though, because they're scattered around., most community icons would not be located along the Lifestyle Corridors, but there should be an attempt to include as many as possible. The Lifestyle Corridors would never be narrower than 50 feet wide, and could be wider where there are rural home -sites, parks, or golf courses along them. (See the section on Lifestyle Corridors, below, for additional information on intended uses along the Lifestyle Corridors) II. Land Use Policies. A. Policy Areas In order to provide for distinctly different lifestyles and development opportunities in VSR, while ensuring that the community harmoniously accommodates and blends the various lifestyles, the Policy Areas system has been developed. Under this system, a basic development type or types, with maximum permitted land use intensity are specified, and increases may be permitted under certain specified circumstances, where specific beneficial enhancements are made to the community's lifestyles, vistas; recreational opportunities, etc. The planning areas are: 1. PolicyArea,1 Located along both sides of Airport Boulevard, between Jackson and Van Buren Streets, Policy Area 1 is envisioned to become Vista Santa Rosa's primary community center. This area is entirely located in the Community Development Foundation Component. Development in this area (would be focused on an interwoven mix of retail commercial, offices, higher density residential, and public uses. In order to develop this area, a long term, multi —use and multi -stage plan of development —through a specific plan —will be required. The specific plan will be used to ensure that the various smaller developments that occur within the community center are truly linked together in a mutually supporting manner. The minimum size of the initial specific plan application will be 250 acres, and must include the 160-acre area of the designated Town Center. The Town Center is required to be a mixed -use development that is in compliance with the General Plan's Community Center Guidelines for core and core support areas within J 3 23 Town Centers. Areas outside the community center, but designated with the Community Center Overlay, will have the option of developing in accordance with either the underlying land use designations — Commercial Retail, or Medium, Medium High, or High Density Residential Land Use designations = or, with an alternate mix of land uses in implementing the Community Center Overlay. 2. Policy Area 2 Policy Area 2 is bounded generally by Avenues 52 and 55, and by Monroe Street and (or., co -linear with) Calhoun Street. This is an area primarily having a mix of agricultural, rural residential and equestrian -oriented uses. Policy Area 2 _ is located almost entirely in the Rural Community Foundation Component, except for existing and potential school sites, and about 40 acres located at the southeast corner of Monroe Street and Avenue 52 which are also designated with a Community Center overlay, for a potential Village Center. Development_ in the Community Center Overlay area may proceed either in accordance with the underlaying designation of Estate Density Residential (up to 1 dwelling unit per 2 acres), or with a mixed -use Village Center, or some combination thereof. The majority of Policy Area 2 is designated as Estate Density Residential. Development permitted in this area will continue to be primarily agriculture, Waal residential, equestrian -oriented uses, recreational uses, and public facilities. Development may proceed in any of the following three ways: a) Development of any parcel may occur, where the maximum density is 1 dwelling unit per 2 acres, and the minimum lot size is one-half acre. b) Development may be permitted on sites of at least 40 acres, with a maximum density of 1.5 dwelling units per acre, and where the minimum lot size is one-half acre, to permit horse and other animal keeping in accordance with County codes, provided that at least 25% of the site is used for open space, parkland; trails, or community facilities, and provided that at least part of the required open space, etc. area is used to realize one or a combination of the following: implement the Lifestyle Corridor, protect or provide new community "icons," or protect farmland either on site or elsewhere in VSR. c) Development may be permitted that results in greater densities, where the development of two or more sites in Planning Areas 2 and 3 are linked together through the conditions of project approvals, development agreements, or other appropriate mechanisms, to accomplish the following: ^05 24 4 1. For a site in Policy Area 2, a subdivision producing residential parcels between 2 and 5 acres gross is proposed 2. Additional residential units, up to the equivalent of 3 dwelling units per acre, minus the residential lots produced in accordance with sub -policy "i," above, may be credited toward the site, but must be transferred to a suitable site and residential project type in Policy Area 3. 3. The additional units transferred in accordance with sub - policy "ii," above, may be added to the maximum residential density permitted on a site in Policy Area 3, provided that any development produced there complies with all other policies of this Land Use Concept Plan and the Riverside County General Plan, and is determined to be compatible with neighboring existing and proposed land uses, and area infrastructure 4. Two or more sites in Policy Areas 2 and 3 maybe pooled together for the purpose of implementing this program. 3. Policy Area 3 Policy Area 3 mostly lies between Avenues 55 and 61, and between Monroe and Harrison Streets, except for the area covered by Policy Area 1, and the proposed land uses bordering Harrison Street. This policy area also includes smaller, detached areas west of Monroe Street, south of Avenue 62, and along Avenue 66 and Harrison Streets near their intersection. Existing uses in this area are primarily agriculture, rural residential and equestrian -oriented uses. . Policy Area 3 lies entirely within the Community Development Foundation Component. Most of this area is designated as Low Density Residential, with a maximum residential density of 2 dwelling units per acre; but, the area also includes two Community Center Overlays for potential Village Centers. Sites lying within the Community Center Overlays may be developed either in accordance with the underlying land use designations, Retail Commercial and Low Density Residential, or as mixed -use Village Centers, or as some combination of the two approaches. The majority of the area designated as Low Density Residential in Policy Area 2 is envisioned to be developed eventually as a series of small residential, resort, and possibly country club communities, with open spaces and trails between and linking them. In the near term, and on some parcels possibly for many years, agricultural uses will continue in production here. Therefore, it is important that adequate buffers be provided between new residential communities and agricultural uses that are planned to remain. 5 25 Development may be permitted that result in greater densities in areas designated as Low Density Residential, up to 3 dwelling units per acre, and higher, where residential units are transferred from Policy Area 2, provided that the following ' policies are met: a) Any project of 40 acres or larger must include at least 25% open space or community amenities. Nod density increases are permitted for projects covering less than 80 acres. b) Any project covering 80 or more acres may qualify for a residential density of up to 2.5 dwelling units per acre, provided that at least 30% of the site is provided in open space and community amenities, and provided that a significant contribution is made toward the preservation and/or development of either on -site or off -site community amenities and "icons," which may include constructing a portion of a Lifestyle Corridor. c) Any project covering 160 or more acres may qualify for a residential density of up to 3 dwelling units per acre, provided that at least 40% of the site is provided in open space and community amenities, and provided that a significant contribution is made toward the preservation and/or development of either on -site or off -site community amenities and "icons," which may include the construction of a portion of a Lifestyle Corridor. 4. Policy Area 4 Policy Area 4 lies mostly south of Avenue 61, except the area west of Monroe Street. Existing uses in this area are mostly agricultural, rural residential, and equestrian -oriented. This are is unique in Vista Santa Rosa, in that it includes two areas, covering a section each, of Torrez-Martinez (T-M) Indian Reservation land. The T-M reservation areas include both fee -and non4ee parcels. Policy Area 4 lies entirely within the Rural Community Foundation Component. Policy Area 4, however, would permit localized general plan amendments to establish small nodes of Community Development Foundation Component (i.e. — lots smaller than one-half acre) neighborhoods where, and only where, a proposed project: would be consistent with all other policies of this Land Use Concept Plan. This allowance exists because due to the generally larger parcels in this area (compared with Policy Area 2), it will be possible to create wide development setbacks to ensure adequate land use buffers, and additional development will enhance the ability to provide and operate enhanced open space and community amenities. Some of Policy Area 4 is envisioned to be developed in accordance with the basic land use designation of this area, the Very Low Density Residential land use 26 6 designation, which allows up to 1 dwelling unit per acre. Such development may occur in either 1 acre lots, or may occur in clusters of lots as small as one-half acre, surrounded by belts of parkland, open space, trails, etc. Development may be permitted that results in higher densities in areas designated as Very Low Density Residential, up to 2 dwelling units per acre, provided that the following policies are met: a. Any project of 40 acres or larger must include at least 25% open space or community amenities. No density increases are permitted for projects of less than 160 acres. b. Any project covering 160 or more acres may qualify for a residential density of up to 1.5 dwelling units per acre, provided that at least 40% of the site is provided in open space and community amenities, and provided that a significant contribution is made toward the preservation and/or development of either on -site or off -site community amenities or "icons," which may include construction of a portion of a Lifestyle Corridor. C. Any project covering 160 or more acres may qualify for a residential density of up to 2 dwelling units per acre, provided that at least 50% of the site is provided in open space and community amenities, and provided that a significant contribution is made toward the preservation or development of either on -site or off -site community amenities or "icons," which may include construction of a portion of a Lifestyle Corridor. 5. Density Transfers While the Land Use Concept Plan does not include a formal program of "density transfers," the development potential of two or'more detached sites may be combined within a single development application package, and, through the use of conditions of project approval (usual method) or, in unusual circumstances, the use of development agreements or other mechanisms, approved accordingly. The linkage of two or more sites must be determined to offer superior overall community benefits compared with the development of the sites separately, and must be consistent with all other policies in the Land Use Concept Plan. The linkage of two or more sites in two or more Policy Areas may be permitted, provided that the policies and intended objectives of each policy area are met for the site or sites in each such area. It should be noted that the land use policies for Policy Areas 2 and 3 include a development bonus and transfer policy. This is the only instance in the VSR Land use Concept Plan where such an operation may be pern-fitted. 7 27 x B. Other Land Use Types The Vista Santa Rosa Land Use Concept Plan includes other land use types, in addition to those specifien3 previously for the Policy Areas. Primary among those are three areas: a) Harrison Street, between Airport Boulevard and Avenue 61: Here, adjacent to the Jacqueline Cochran Regional Airport, are planned Business Park, Commercial Tourist, High Density Residential, and a Community Center Overlay, allowing for a potential mined -use Village Center. B) Airport Boulevard, across from Coachella Valley high School and the City of Coachella, and near Harrison Street, are planned High Density Residential and Commercial Tourist uses. C) In the northeast portion of VSR, adjacent to the City of Coachella, east of Calhoun Street, an area of Medium Density Residential is planned. Also in this area, west of Calhoun Street and north of Avenue 52, is an area planned for Very Low Density Residential. C. Transitions and Buffers 1. Policy Area Transitions Transitional areas are planned td be provided between Policy Areas 2 and 3, and between Policy Area 2 and other Community Development uses in the area northerly of Avenue 55. Transitional areas are also planned between Policy Areas 3 and 4. The purpose of these transitional areas is to provide for meaningful setbacks and buffers between uses that may be inherently incompatible, but also to provide the opportunity for parkland and landscaped edges between distinctly different areas of the VSR community, to assist in image -making for these areas. The transitional area will generally be required to be an minimum average of 150 feet wide, with a minimum width of 50 feet. The transition will generally be required to be provided on the side of such edges where the more intense development would occur, but may vary due to localized circumstances relating to land usage and circulation. Particularly sensitive uses, such as agriculture and equestrian -oriented uses will generally require the wider transitional areas. Transitional areas may be used for elongate landscaped detention basins, landscaped open space, golf courses, and are most particularly suited as trail routes. 2. Buffers Between Projects Buffers are required as needed between projects along the boundaries between land vise designations, and often between adjoining projects within the same designation. Buffers are needed to ensure that adjacent land uses will be compatible with each other. Buffers are mostly needed between agriculture and most other land use types (addressed separately below), and between rural and .non -rural uses, between Community Development residential uses of differing intensities, and between residential and non-residential projects (such as commercial or industrial). Detention basins designed in an elongate fashion, trail corridors, including Lifestyle Corridors, open space, including parks, and golf courses, rows of trees and shrubs, and walls where they do not impair -long views (i.e. -- away from major streets), and other concepts, may all be used as buffers, depending on the characteristic being buffered. As such, buffers will generally range from very narrow — in the case of rows of trees, shrubs, or walls, where permitted, to 150 feet or more, and may be combined — as in the case of an adjacent Lifestyle Corridor or park, with other land use types to achieve 150 feet, or more, of separation between uses. 3. Buffering Agriculture. Vista Santa Rosa contains a large amount of agriculture, and although agriculture will decline in overall importance over time as development occurs, it is likely to remain to some degree for many years into the future. The need for buffering will depend on the type of adjacent use, and the type of agriculture involved. It also is dependent on farming practices and the expectations of persons moving into an area adjacent to agriculture (degree of awareness of the needs of farmers). County Ordinance no. 625, the Right -To -Farm ordinance, provides some protection for agriculture, by making buyers of new homes (in subdivisions) within 300 feet of agriculturally zoned and used land aware of the adjacent agriculture, and its right to operate using standard and legal farm practices, but that protection is often not sufficient in the face of major residential growth in an area. Also, in all of Vista Santa Rosa, but particularly in Policy Area 3, where most urban — type development will occur, it is also important to ensure that the type of buffering selected will not disadvantage the adjacent farmer, if and when the fanner decides to convert their land to development. Often, trails, landscaped buffer areas, large, rural -sized parcels, and other such mechanisms will be appropriate buffers adjacent to agriculture. Buffering may range from very narrow, such as a row of trees or shrubs with a fence, to 50 to 100 feet, or more, depending on the type of agriculture and proposed new adjacent use involved. 4. Protection of Vistas and View -sheds One of the main elements of the image of Vista Santa Rosa is the openness of this very rural area, which leads to spectacular views of the nearby Santa Rosa Mountains, and the open pastoral views of near -at -hand agriculture and rural lifestyles, including farm animals and horses. It is also an area off tall trees, and because of the openness of the area, these can often be seen from long distances across the community. All of this is in contrast to many other areas in the Coachella Valley, where although mountains can usually be seen to some degree, most views are close, of landscaping, walls, buildings, etc., and these other areas do not generally have- an open feel to them. In Vista Santa Rosa, it will be important to protect these views and the general feel of openness of the community, as development occurs. Therefore, building setbacks along the 9 29 presidential streets and even -numbered avenues — the "mile streets" - will be required to be significant enough to help preserve open views. Generally, building setbacks from the future right-of-way constructed pavement (curb face) of the mile streets shall be a minimum average of 150 feet, but may vary widely so that architecturally significant buildings, existing or future "icons," may occasionally encroach close to the street, to enhance their profile within the community. This highly varied pattern of average will also setbacks will also lend more visual interest to the streets, and to views between buildings. It is recognized that the 150 foot average building setback could present a significant constraint to development on smaller parcels where development would otherwise comply with these Land Use Planning Concept policies. Therefore, flexibility will be granted on a case -by -case basis where the parcel involved is smaller that 10 acres. On smaller parcels, iconic architecture could also be used to justify occasional street encroachments. D. Open Space and Community Amenities; Community Icons; Lifestyle Corridors 1. Open Space and Community Amenities Whenever the terms "Open Space and Community Amenities" (OSCA) are used in these Land Use Concept Plan policies, the definitions of this sub -section are intended to apply. OSCA is to include all areas of a project site, other than areas where such is already required by the regular application of standard subdivision and zoning ordinance regulations (example: parkway landscaping in a standard cross-section of an existing general plan road is not included), that would be publicly or quasi —publicly (HOA, for example) owned, and have open space. characteristics, as defined herein. Agriculture of all types and rural residential parcels 2 acres or larger, both privately owned, would count toward "open space and community amenities." Examples of other items that would count toward OSCA include decorative neighborhood landscaping, whether green or natural desert or made -to -appear desert landscaping, elongate landscaped detention basins, parks, golf courses, community stables, libraries, pools, tennis courts, including parking areas for them, benches, community gardens, watering troughs, trailhead facilities, and golf club houses if they are frequently open to the general public (restaurant, meeting, etc. purposes). To receive credit for OSCA areas, they need to be mostly (but not entirely) visible and contribute to long or iconic vistas when a project is seen from mile streets. For projects not located along mile streets, frontage along a trail system or a Lifestyle Corridor presents opportunities for creditable OSCA. Community icons 30 10 and Lifestyle Corridors, described below, both will generally qualify for OSCA credit. 2. Community Icons Buildings that reflect VSR's history or unique rural character, tall trees, interesting architecture, and even specially adomed gates and neighborhood entry monuments, and even open vistas of the Santa Rosa Mountains are all examples of community icons. Community icons may already exist, or be newly built as part of a future project. It is important to build upon and enhance Vista Santa Rosa's unique identity as the community develops, so that it does not lose the characteristics that make it special. Therefore, the preservation, enhancement, and construction of new community icons will all count toward OSCA, as described previously. 3. Lifestyle Corridors As described previously, amid Vista Santa Rosa's proposed trail network, two specially amenitized, cross -community Lifestyle Corridors are planned. One Lifestyle Corridor will be routed north -south, mid -block between mile streets, from the northwest comer of Vista Santa Rosa to the southern end of the community at the foot of the Santa Rosa Mountains. The second Lifestyle Corridor is planned along a traffic -calmed Avenue 58, linking the Olympics event -grade HITS equestrian training facility, to Lake Cahuilla in the City of La Quinta, thereby providing a second linkage to the foot of the Santa Rosa Mountains. The Lifestyle Corridors would primarily be landscaped trail linkages, for a variety of potential users, connecting the various parts of the community. These corridors would be major elements of community identity, and would be used by equestrians, pedestrians, bicyclists, and golf carts, frequently, for recreation, to visit friends, or community facilities, such as schools and libraries, and to access some commercial services such as restaurants, convenience stores, coffee shops, etc., in a pleasant, convenient, recreational manner without having to use: a car. Lifestyle corridors will generally be a minimum of 50 feet wide, but may flare wider at "portals," to the corridors, such as at crossings of mile streets, where parking, parks, and other facilities may be placed. They can be used to separate inherently incompatible uses, such as commercial vs. residential or rural residential vs. small lot residential. While through -trail systems will need to be owned and managed by public agencies, some portions of the Lifestyle Corridors and many of the uses along them should be private in nature, wherever possible, to minimize the public costs associated with building and maintaining the corridors, and to ensure that there are a wide variety and number of potential users sited along them. While the corridors have generally been proposed along existing, drainage easements, their location is not fixed. In fact, it would be desirable for 11 31 them to meander as they travel through the community. Quiet and road -related safety, though, are major objectives. Therefore, for the north -south corridor, its location can vary, but should never encroach laterally closer than 1/8 of -a mile from a presidential street. The following are examples of some of the types of public uses that could be sited along or near (within 1/8 mile to 1/< mile) Lifestyle Corridors: Community gardens, neighborhood and community parks, .community pools, recreation. centers, community centers, senior centers, libraries, schools, golf courses, tennis courts, water fountains and wafer troughs (for horses), decorative landscaping, iconic existing trees, including date groves, `or portions of them, where development occurs, non -motorized (except for golf carts) trails of all types, trailheads, benches, and restrooms. The following are examples of some of the types of private uses that could occur along Lifestyle Corridors: community stables, tack shops, restaurants (including perhaps Starbucks), convenience stores, offices, low, medium, and high density residential, and large and small parcel rural residential and agriculture, provided that there is adequate buffering from incompatible uses. Lifestyle Corridors will be developed in conjunction with adjacent development proposals, and may be built off -site of, or in advance of, development, for OSCA credit, or other credit as determined appropriate. 32 12 ATTACHMENT 7 Vista Santa Rosa Area Traffic Modeling and Transportation Infrastructure Issues Draft — "Starter List" January 24, 2007 (Below is a compilation of some of the concerns raised by members of the VSR Task Force. Members of the TF are asked to review this, and add to it or modify it as you wish, so that a complete list of issues can be presented to the South Valley Parkway traffic consultant for his review, and for preparation to address the TF on February 1, 2007) Draft list of questions/issues: 1. Currently, Vista Santa Rosa (VSR) community residents have noted that traffic patterns generally tend to be oriented in a north -south fashion, because major community shopping is located toward the north, along Highway I I I and vicinity. In the future, east -west traffic may not increase as much as anticipated, since local shoppers and commuters can still be expected to largely travel to the north. Travel eastward would be lighter, because shopping there, and in the new South Valley Concept Plan Town Center and Highway 86, would still be more distant and therefore less convenient, than local shopping along Airport Blvd., and even maybe than in the Cities of La Quinta and Indio. Travel from the east to the west along Avenue 62 and other east -west major streets understandably would need to travel'at least as far as Harrison Street, just to get around'the airport -- not for otlier purposes (To travel more distant, they'd use Expressway 86). 2. To what degree has the South Valley Parkway transportation infrastructure planning taken into account the future needs of all of VSR? It should be noted that VSR stretches north to Avenue 50, and most new development in VSR would occur between Avenues 55 and 61. The South Valley Parkway plan itself only includes the part of VSR located between Avenues 60 and 61. 3. The VSR community is attempting to preserve its rural character and appearance, even while significant future development is planned to occur. Therefore, to accomplish this, the goal should be to establish a thick grid of relatively narrow, traffic -calmed streets, not rely on urbanized models of major, high-speed road corridors, which appears to be the approach taken in the South Valley Concept Plan. In VSR, both the land use and street planning should evoke a different, more rural image. This should be the overall philosophy that governs the traffic modeling. 314 33 4. The VSR community needs to see the specifics of the planned road alignment and cross-section of Avenue 62, westerly of Harrison Street. There is a concern about the matter of the transition along Avenue 62, between the east and west sides of Harrison Street. 5. Avenue 58, in particular, because of its intended function — in part — as the route of the VSR east -west Lifestyle Corridor, should be planned narrower, with traffic - calming features. 6. It's important to see and understand the future cross -sections of Monroe Street, Harrison Street, Avenue, and other VSR "border streets," to see how the edges would transition to neighboring cities and unincorporated communities. 7. Modeling should reflect the placement of medians in the "mile" streets, in VSR. The City of La Quinta is interested in this for the city sphere area; to ensure continuity of design features across all of VSR, it should be considered wherever possible in the mile streets in VSR. 8. What is the plan for the phasing of the need/construction of major road facilities in VSR? which streets, which order of need, what cross -sections? 9. Do all of the General Plan roads in VSR need to be widened from 2 to 4 lanes or more, anytime soon, or at all, in the future? 10. The VSR community needs to see total projected traffic volumes for the future, on VSR roads, and indicated ultimate road widths. 11. Has the last draft of the VSR land use concept map — produced in August 2006 — been used in the traffic modeling for the South Valley Concept Plan? 12. It's important that revenues produced from development in VSR be used to build infrastructure; i.e. — "return to source" — to benefit VSR. There is a concern on the VSR Task Force that locally produced revenues may be used to fund roads in other areas, such as Thermal. What is the plan for financing and the expenditure of funds to build roads, in the different areas? Will there be different zones of benefit? 015 34 ceity/ 4 4v Qamra� COUNCIL/RDA MEETING DATE: February 20, 2007 ITEM TITLE: Consideration of Mid -Year Budget Report for Fiscal Year 2006/07 RECOMMENDATION: Approve new Appropriations, totaling $3,199,967 from other funds City funds 5 of this Report. AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: $888,381 from the General Fund and as outlined in Attachment No's.1 through Approve new estimated revenues totaling $1,367,679 for the General Fund and $1,141,240 from other City Funds as outlined in Attachment No's.1 through 5 of this Report. Receive and file the Mid -Year Budget Report. FISCAL IMPLICATIONS: The Mid -Year Budget Report involves a financial assessment of City operations presented to the Council during the fiscal year. This report provides information on the General Fund and selected other funds, operations, capital projects and requests for budget transfers and/or new appropriations. The results of this assessment are summarized on Attachment 1. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A comprehensive: report is prepared annually at mid -year to inform the City Council of the financial position of the City and expenditures to date as compared to the Budget as establiished by the City Council. J1� This analysis provides the Council the opportunity to monitor year-to-date revenues and expenditures and make mid -course adjustments necessary as the result of modified program requirements. Analysis and Fiscal Impacts For the most part, expenditures are distributed evenly throughout the fiscal year. At mid -year, December 31, 2006, it is expected that 46.11 % of the funds budgeted will have been expended. Revenues, for a variety of reasons (such as Sales Tax reporting lag and seasonal Transient Occupancy Tax), tend to be received unevenly throughout the year. In order to provide a more accurate comparison of revenues and expenditures at mid- year, selected revenues,, have been accrued to reflect the month they were earned. For some of these revenues, the estimate for the remainder of the year was completed by utilizing a weighted average analysis taking into consideration that certain expenditures are made entirely at the beginning of the fiscal year (e.g. insurance payments), while others may be made at certain times of the year. If revenues were received in the month they were earned, the earned figure reflects how much would have been collected in the first six months. Major expenditures such as law enforcement and fire safety have also been accrued to reflect a six- month cost. The year-to-date General Fund revenue/expenditure status is as follows: GENERAL FUND (1) (2) (2)/(1)=(3) (4) (4)/(1)=(5) (6) (6)/(1)=(7) (6)-0) 06/07 Est Year End 12/31/06 Actual 12/31/06 Earned Year End Seasonalize Variance Description Budget YTD Actual % Earned % Estimate % over (under) Revenue $34,413,071 $10,628,288 30.88% $16,253,175 4723% $35,160,824 102.17% $747,753 Expenditure - (A) 35,199,837 12,649,304 35.94% 16,228,942 46.11% 33,855,167 96A8% (1,344,670) Rev Over (Under) Exp 1 ($786,766) ($2,021,016) $24,233 $1,305,657 LL2.192.423 (A) - Budget includes FY 06107 carry over appropriations and encumbrances of $846,248, mid year requests of $888,381 and other requests from Julyi to December 31 st (1)For the purposes of this report certain revenues have been selected due to their cyclical nature and/or their significance to the overall revenue picture The foNowmg revenues have been Selected to be accrued and the applicable analysis regarding these revenues is provided as Attachment 2 Sales Tax, Property Tax; Tax Increment; Transient Occupancy Tax, Motor Vehicle In Lieu Tax; and interest revenue In addition, the revenue and expenditure summaries from July to December are included in Attachment 2 as support PA Based on the accrued revenues at mid -year, the General Fund revenue shown on Attachment 2 is showing signs of exceeding the budget estimate at year-end by approximately $747,753. The General Fund's improvement is due to substantial activity in one-time local construction licenses, fees and permits of $382,000, an increase of $565,000 in fees from development, a decrease of ($77,000) in documentary transfer tax, and a decrease of ($29,000) in other revenues. Even with mid -year additional General Fund appropriations of $888,381, it is projected that the General Fund's expenditures will be $1,344,670 less than budgeted. As a result, revenue is estimated to exceed expenditures by $1,305,657 at the end of the fiscal year. Revenue General Fund Revenue As indicated in the chart below, the General Fund actual revenues are at 30.88% for mid -year. Earned or accrued revenues are 47.23%, as identified on the chart on the previous page. Since the City's revenue is seasonalized (i.e., Sales Tax, Transient Occupancy Tax) and we receive approximately 60% of our revenue in the second half of the year, the year end estimate exceeds the budget by 2.17%. Provided as part of Attachment 2 is the December 31, 2006, General Fund Revenue detail for the City. GENERAL FUND REVENUE SUMMARY Description (1) Budget (2) 12/31 /06 YTD Actual (2)/(1) % Taxes $19,112,279 $5,963,620 31.20% License & Permits 1,127,100 795,069 70.54% Fees 1,798,800 1,398,202 77.73% Intergovernmental 8,050,150 239,383 2.97% Interest 3,987,300 2,077,575 52.10% Miscellaneous 4,900 14,360 293.06% Transfer in 332,542 140,077 42.12% TOTALS $34,413,071 $10,628,286 30.88% Many municipal revenues are not collected evenly over a 12-month period. Property taxes and other revenues (such as State subventions) are often subject to distribution schedules that are not on a month -to -month basis. Even revenue that is collected more uniformly may also be subject to seasonal highs and lows (such as Transient Occupancy Tax) that would impact year-to-date benchmark percentages. R3 Taxes Overall, General Fund Tax revenues are at 31.20% of the budget estimate. The majority of Property Taxes is received from the County in January and May, and therefore, is shown as minor receipts at mid -year. It is estimated that Sales Taxes will increase by $41,329 over the budgeted levels, and taxes, other than Transient Occupancy Tax, will increase by $375,000. Transient Occupancy Taxes are estimated to remain at $4,895,000. Licenses, Fees & Permits Development activity has been higher than the budget estimate. Revenue in the License and Fee category and Permit category is approximately 70.54% and 77.73%, respectively, of the budget estimate as of December 31, 2006. Last year at December 31, 2005, the license and fee were 139.96% of budget and the permit fees were 132.58%, which indicates the slow down from the City's building activity last year. However, due to our conservative budgeting for these two revenue items, actual revenue should exceed the budget. It is anticipated that the City will receive approximately $94.7,200 over the budget estimate of $2.93 million by the year-end for these two categories. Expenditures General Fund Expenditures The General Fund expenditures are summarized in the chart below. City-wide General Fund expenditures are at 35.94% of budget. Earned or accrued expenditures are 46.11 % of budget. Included as part of Attachment 2 is the December 31, 2006 General Fund Expenditure Summary. The year-end estimate for Fiscal Year 2006/2007 reflects expenditures to be approximately at the current budget. GENERAL FUND EXPENDITURE SUMMARY (1) (2) (2)/(1) 12/31 /06 I Description Budget YTD Actual % Personnel 9,631,221 4,301,164 44.66% Service/Supply 28,713,317 8,778,547 30.57% Capital Outlay 396,304 295,484 74.56% Reirnbursed expenditures (5,228.569) (1,703,692) 32.58% Transfer Out 1,687,564 977,803 57.94% TOTALS $35,199,837 $12,649,306 35.94% H The mid -year Personnel Expenditures are at 44.66%, and it is projected that year-end expenditures will be approximately 95% of the budget estimate. These savings are accounted for by vacancies in the organization. Total operating services/supply expenses for the City are at 30.57%. The primary reason for this reduced percentage (lower than 50%) is due to City-wide reduced expenditures in the first half of the fiscal year primarily made up of Police service billing delays of $1,500,000 and the accrual of one-half of fire services costs of $2,079,638. It is anticipated that the second half (January to June) overall expenditures will be greater and operating expenses will be closer to budgeted levels. Developer Impact Fee Program The Developer Impact Fee (DIF) program revenues collected for the first six months are summarized in the following table: DEVELOPER IMPACT FEE REVENUE SUMMARY Description (1) Budget (2) 12/31/06 YTD Actual (2)/(1)=(3) Actual % ((1)/12`6)+(2)=(4) 06/07 Year End Estimate (4)/(1)=(5) Year End % (4)-(1)=(6) Est Year End Variance over (under) (7) Prior Year 12/31/05 YTD Actual (4)/(7)-1=(8) Percent Change (2)-(7) Change $ Transportation $1,390,600 $893,085 64.22% $1,588,385 114 22% $197,785 $1,663,705 -4.53% ($770,620) Park & recreation 446,000 236,634 53 06% 459,634 103 06% 13,634 421,123 9.14% (184,489) Civic center 341,000 201,175 5900% 371,675 10900% 30,675 299,979 23.90% (98,804) Library develop 177,500 92,966 52 38% 181,716 102.38% 4,216 184,208 -1 35% (91,242) Community cents 75,300 38,299 50 86% 75,949 100 86% 649 82,865 -8.35% (44,566) Street facility 54,300 34,093 62 79% 61,243 112,79% 6,943 30,318 102.00% 3,774 Park facility 13,600 7,162 52 66% 13,962 102.66% 362 5,799 140.75% 1,363 Fire Tax 74,500 35,530 47.69% 72,780 97.69% (1,720) 1 86,868 1 -16.22% (51,338) Totals 1 $2,572,800 $1,538,944 5982% $2,825,344 1 109.82% $252,544 1 $2,774,865 1.82% ($1,235,922) The chart projects actual Developer Impact Fee revenues to be 109.82% of budgeted revenues as compared to 166.60% of revenue for Fiscal Year 2005/2006. Again, as with fees and permits, actual DIF fees collected through December are lower than last even with the increase in DIF fees in Fiscal Year 2006/2007. The General Fund request for mid -year additional appropriations and revenues outlined in Attachments 3 and 4 is as follows: Jwl PI Summary by Department: Revenue Expenditures Net General Government $ 817,679 $ 70,000 $ 747,679 Community Services 66,875 (66,875) Finance 15,000 (15,000) Central Services 181,200 (181,200) Building & Safety 150,000 150,000 - Public works 400,0001 405,306 (5,306) Subtotal - General Fund $ 1,367,679 1 $ 888,381 1 $ 479,298 Other Funds In addition to the! requested General Fund estimated revenue items, staff is also recommending increasing revenues in other funds, and the Financing Authority by $1,141,240 for interest income by $173,800, for AB 939 fees by $450,000, for library fees by $257,000, for Tax Congestion Relief funding by $73,800, for member contributions to the Violent Crime Task Force by $12,250, and for a sale of a police motorcycle in the Equipment Replacement Fund for $12,400 and $150,000 in the Capital Improvement Fund for funding a payment to Embassy Suites. These requests are listed in Attachment 3. In addition to thie requested General Fund appropriations items, staff is also recommending increasing appropriations in other funds and the Financing Authority by $3,199,967. $2.7 million of this amount is for the museum funding which was previously projected to be paid from Redevelopment (RDA) Project Area 1 Capital Improvement Project funds and $290,000 of the $3.2 million is for interest expense on DIF loans to the RDA from the Library, Fire Protection, and Parks & Recreation DIF to advance fund projects. $150,000 is a payment to the Embassy Suites as part of a reimbursement agreement with the balance from various funds as detailed in Attachment 4. Personnel Actions No personnel requests are contained in the Fiscal Year 2006/2007 mid -year report. Summary As identified in the report, it is projected that the City's General Fund revenues will exceed expenditures by approximately $1,305,657 after mid -year appropriations. This excess is in large part due to increased revenue collections in the first six months of the year, and conservative spending. It is recommended that any anticipated excess of revenues over expenditures be utilized to increase the City's emergency and cash flow reserves. This action will be consistent with the Fiscal L Management Strategy. Attachment 5 provides revenue and expenditure detail for all funds. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Approve new Appropriations, totaling $888,381 from the General Fund and $3,199,967 from other funds, as outlined in Attachment No.1 through 5 of this Report; and approve new estimated revenues of $1,367,679 from the General Fund and $1,141,240 from other funds as outlined in Attachment No.1 through 5 of this Report; and receive and file the Mid -Year Budget Report; or 2. Do not approve new Appropriations, totaling $888,381 from the General Fund and $3,199,967 from other funds, as outlined in Attachment No.1 through 5 of this Report; and do not approve new estimated revenues of $1,367,679 from the General Fund and $1,141,240 from other funds as outlined in Attachment No.1 through 5 of this Report; and do not Receive and file the Mid -Year Budget Report; or 3. Provide staff with alternative direction. Respectfully submitted, tA, d""� John M. Falconer, Finance Director Approved for submission by: rx:k��t A Thomas P. Genovese, City Manager Attachments: 1. Mid -year Budget Review Worksheet 2. Mid -year Budget Review General Fund Worksheet Detail 3. Revenue Requests 4. Appropriation Requests 5. Revenues/Expenditures Detail for all Funds ..i " 3 7 City of La Quinta Mid -Year Review Budget Worksheet Summary by Department: Revenue Expenditures Net General Government $ 817,679 $ 70,000 $ 747,679 Community Services 66,875 (66,875) Finance 15,000 (15,000) Central Services 181,200 (181,200) Building & Safety 150,000 150,000 - Public works 400,000 405'306 1 (5,306) Subtotal - General Fund $ 1,367,679 $ 888,381 $ 479,298 Other City Funds Revenue Expenditures Net Equipment Replacement $ 12,400 $ 10,000 $ 2,400 Info Technology 6,000 (6,000) Parks Equipment & Facility 11,000 11,000 Library 256,717 2,700,000 (2,443,283) Gas tax 83,900 83,900 Lighting & Landscape 31,694 (31,694) Quimby 5,000 5,000 Infrastructure 13,300 13,300 Violent Crime Task Force: 12,250 12,250 AB 939 500,000 500,000 Library Development 120,000 (120,000) Fire Protection Facility 50,000 (50,000) Parks and Recreation 120,000 (120,000) Civic Center DIF 85,000 85,000 LQ Public Safety Officer 300 300 CIP 150,000 150,000 - SilverRock 5,000 (5,000) SilverRock Reserve 1,200 1,200 Indian Gaming 2,800 2,800 Subtotal $ 1,133,867 $ 3,192,694 $ (2,058.827) Financing Authority Revenue Expenditures Total Capital Projects - Transfer out $ 7,273 $ (7,273) Debt Service - Transfer in 7,273 7,273 Debt Service 100 - 100 Subtotal - Financing Authority $ 7,373 $ 7,273 $ 100 Total 1 $ 2,51 919 $ 4,088,348 $ (1,579,429) "wA .i 1-1 ATTACHMENT 2 W a^, U w S$g > M(pp pp� t w w nw i C n Q h W W oOp Op O N yy O O �p N R N ' O OO S O- O N O O 8 pO p O 8 O S Q OO S GO O O G O O `Qj O Q N p O Ory n th N nON n O O a V n S O O O O O N CTl M O f � ro O W O� Q O O O O O p y g W C O p p pp IA N R O N N p O O O O O S S 8 S 8 R S W 1p� o O O S 0 S S p N O O N O 1�1 d d S ryry w a p m IA m y n p O N O N O O O 8 8 S O O O O O O O S O S S O Gp S O O p O S 8 O O eJ S O O? p N n O m �p Q N N d N n ryq O p p N' n m N pq N pO p p pp O 1(1 O N f0 N !yp {7 m O n R O W W W f0 N V �- m (V n trl ID lV N m N V 0 N v H oaw N R'i o � O o00 S $ o gg 'a3 m 0 00 ern a m � d O o g o n S ro v o n m W w N„ N A W (7 N Mm 0 m m n y y 8 qryqry m g� 1D W O O y � N Oy 10 pdp N O O q n b R S N 0 N 0 R 10 - r tNy F W O� a N W A �Cp! m 0 Od N n �Op m O N mA yyN� {{0 ^N M N Q S N m � � n tIl N (O n N m ^ a0' N O 88 pp (fpp O. m 2 O COJ O N O' N S yN p C ti S N O = O q N N m m f0 m y N S n 1p O O m O� R O A y0�1 cp] pt� O m m m n O n ly1V Y O O tm0 �Np T O tm+l W O t0 �[p� rORpi 0 W M O yV W N r W O eJ t0 O imp ry y N� N S d m 1� O O m 14 t+l d O a N N N IlktW+l N a f0 CJ N O n N t'1 n Cl N N N O N O N p �I1 Q n' qt EV �o vyw o r rc a E 1 t 2 0 9 m m@ @ O iq G 9& m oo b a a a O F b b m P 9 N O ��n FPtlie m QO D. z a 0 N LL f F m Q m sMuQ E h N U ILL m U if f z rc z m i JQ N Q WS .. 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Permits TOTAL LICENSES & PERMITS FEES: Sale of Maps & Publications Community Services Fees Finance Bldg & Safety Fees Bldg & Safety Fees Community Development Fees Public Works Fees Public Works Fees TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines Federal Govt Grants County of Riverside Grant State of California Grant State of California Grant Fire Services Credit CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Assmnt Dist Surplus Other Mitigation Measures Litigation settlement Cash Overl(Shc,rt) TOTAL MISCEI-LANEOUS TRANSFERIN TOTAL GENERAL FUND REMAINING % BUDGET RECEIVED BUDGET RECEIVED 1,417,600.00 636,062.31 781,53769 44870% 1,733,50000 869,96904 863,530.96 50.190%n 6,484,125.00 2,920,567.05 3,563,55795 450400/6 2,161,375.00 0.00 2,161,37500 0000% 41,329.00 0.00 41,329.00 0.000% 1,017,200.00 262,373.18 754,826.82 25.7900% 4,520,000.00 1,039,432.92 3,480,567.08 23.00006, 376,000.00 0.00 375,000.00 0.000% 299,050 00 0.00 299,050.00 0.000% 1,063,10000 235,214.08 827,885.92 22130% 19,112,279.00 5,963,618.58 13,148,660.42 31.2000% 252,300.00 139,850 80 112,449.20 55.4300% 17,000.00 9,046.00 7,954.00 53.2100% 558,600.00 401,184.28 157,415.72 71.8200% 84,400.00 62,641.50 21,758.50 74.220%u 47,600.00 36,30020 11,299.80 76.2600A, 65,500.00 56,928.79 8,571.21 86.910% 10,600.00 7,140.00 3,460.00 67.360% 91,100.00 81,977.37 9,122.63 89.9900/(, 1,127,100.00 795,06894 332,031.06 70.540% 5,500.00 282,300.00 2,000.00 377,200.00 160,000.00 222,400.00 359,400.00 400,000.00 1,95391 237,24468 0.00 354,031.34 0.00 78,957.60 726,016.04 0.00 3,54609 45,05532 2,000.00 23,168.66 160,000.00 143,442.50 (366,616.04) 400,000.00 35.530% 84.040% 0000% 93.8600/c, 0.000% 35.500% 202.010% 0000% 1,798,800.00 1,398,203.47 400,596.53 77.7300/c 2,916,900.00 126,889.68 2,790,010 32 4.350% 394,760.00 0.00 394,760.00 0.000% 143,800.00 22,039.22 121,760.78 15.330% 25,700.00 28,889.29 (3,189,29) 112.4100A 137,000.00 63,370.93 73,629.07 46.2600% 0.00 0.00 0.00 0.000% 000 0.00 0.00 0.000% 8,60000 14,882.84 (6,282 84) 173.0600A 6,600.00 0.00 6,600.00 0.000%< 4,214,400.00 (16,688 08) 4,231,088 08 -0.400% 202,400.00 0.00 202,400.00 0.000% 8,050,150.00 239,38388 7,810,766.12 2.970% 3,987,300.00 2,077,574.90 1,909,725.10 52.1000/c, 4,900.00 12,795.85 (7,895.85) 261.1400io 0,00 1,526.16 (1,526,16) 0.000% 0.00 0.00 0.00 0.000% 0.00 000 0.00 0000% 0.00 3&52 (38.52) 0000% 4,900.00 14,360.53 (9,460.53) 293.0705 332,542.00 140,07724 192,464.76 42.120% 34,413,071.00 10,628,287.54 23,784,783.46 30.880% 15 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL 07/01/2006 - 1213112006 REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107.5 Traffic Congestion Relief Traffic Congestion Relief Interest Interest TOTAL GAS TAX 1,814,300.00 0.00 1,814,300.00 0.000% 256,717.00 0.00 256,717.00 0.000% 000 0.00 0.00 0.000% 40,800.00 20,822.08 19,977.92 51.0300% 2,111,817.00 20,822.08 2,090,994.92 0.990% 224,400.00 99,104.85 125,295.15 44.1600/1, 158,100.00 69,147.08 88,952.92 43.740% 299,100.00 134,602.34 164,497.66 45.000% 6,200.00 6,00000 200.00 96.770%, 159,881.00 233,680.74 (73,799.74) 146.160% 73,800.00 0.00 73,800.00 0.000% 7,900.00 9,03444 (1,134.44) 114.360% 10,100.00 0.00 10,100.00 0.000% 939,481.00 551,569.45 387,91155 58.710% FEDERAL ASSISTANCE REVENUE: CDBG Grant 454,745 00 0.00 454,745.00 0 000% Interest 000 000 0.00 0.000% TOTAL FEDER4L ASSISTANCE 454,745.00 0.00 454,745.00 0.000% URBAN FORESTRY Grant Revenue Interest TOTAL URBAN FORESTRY SLESF (COPS) REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) 0.00 0.00 0.00 0 000% 0.00 0.00 000 0.000% 000 0.00 0.00 0 000% 100,000.00 100,000.00 0.00 100.000% 2,700.00 8374 2,616.26 3.100% 102,700.00 100,083.74 2,616.26 97.450% LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 0.00 0.00 0.00 0.000% Interest 0.00 0.00 000 0.000% Transfer in 0.00 0.00 000 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 8,50000 5,650.44 2,849.56 66.480% Interest 2,800.00 0.00 2,800.00 0.000% TOTAL INDIAN GAMING 188,550.00 182,900.44 5,649.56 97.000% LIGHTING & LANDSCAPING REVENUE: Assessment 890,900.00 23,906.40 866,993.60 2,680% Developer 000 0.00 000 0.000% Interest 000 0.00 0.00 0 000% TOTAL LIGHTING & LANDSCAPINC 890,900.00 23,906.40 866,993 60 2.680% RCTC RCTC Funding 2,374,007.00 46,831.88 2,327,175.12 1.970% Transfer in 0.00 0.00 0.00 0.000% TOTAL RCTC 2,374,007.00 46,831.88 2,327,175.12 0 16 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL 07101 /2006 - 12/3112006 REMAINING % BUDGET RECEIVED BUDGET RECEIVED DEVELOPMENT AGREEMENT FUND Mitigation Measures Interest Transfer in TOTAL DEV AGREEMENT 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 000 0.00 0.00 0.000% VIOLENT CRIME TASK FORCE Member Contributions - Carryover 70,000.00 73,707.76 (3,707.76) 105.300% Member Contributions - Carryover 12,250.00 0.00 12,260.00 0.000% Grant revenue -JAIB 87,960.00 10,548.74 77,411.26 11.990% CLET Line 6,000.00 3,191.07 2,808.93 53.180%, Interest 1,600.00 979.12 620.88 61.200% TOTAL CRIME VIOLENT TASK FOR 177,810.00 88,426.69 89,383.31 49.730% AS 939 REVENUE AB 939 Fees 0.00 99,205.23 (99,205.23) 0.000% AB 939 Fees 460,000.00 0.00 450,000.00 0.000% Interest 0.00 24,081.22 (24,081.22) 0.000% Interest 50,000.00 0.00 50,000.00 0.000% TOTAL QUIMBY 500,000.00 123,286.45 376,713.55 24.6600% QUIMBY REVENUE: Quimby Fees 1,667,000.00 1,426,002.98 240,997.02 85.540%, Quimby Fees 5,000.00 0.00 5,000.00 0.000% Interest 272,90D.00 171,211.72 101,688.28 62.740% TOTAL QUIMBY 4, .00 ,5 7, 4. 347, 0 82.1 0 INFRASTRUCTURE REVENUE: Utility refund 000 000 0.00 0.000% Interest 7,500.00 10,402 51 (2,902.51) 138.700% Interest 13,300.00 0.00 13,300.00 0.000% Transfer in 0.00 000 0.00 0.000% TOTAL INFRASTRUCTURE 20.800.00 10,402 51 10,397.49 50.0100% VILLAGE PARKING REVENUE: Interest 0.00 0.00 0.00 0.000% TOTAL VILLAGE PARKING 0.00 0.00 000 0.000% SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 45,000.00 23,030.40 21,96960 51,180% MSRC Funding 000 0.00 000 0.000% Street Sweeping Grant 0.00 0.00 0.00 0.000% Interest 7,40000 3,651.67 3,748.33 49.3500% TOTAL SCAQ 52,40000 26,682.07 25,717.93 50.920% CMAQIISTEA CMAWSTEA Grant 0.00 0.00 000 0.000% Interest 0.00 0.00 0.00 0,000% TOTAL CMAQIIISTEA 0.00 0.00 0.00 0 000% TRANSPORTATION Developer fees 1,096,200.00 758,177.75 338,022.25 69.160% Interest 294,400.00 134,906.89 159,493.11 45.820% Transferin 0.00 0.00 0.00 0.000% TOTAL TRANSPORTATION 1,390,600.00 893,084.64 497,515.36 64.220% r, -� 7 'v 1. .o J +A 17 CITY OF LA QUINTA 07101/2006 - 1213112006 GENERAL FUND REVENUES DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED PARKS & RECREATION Developer fees 446,000.00 234,14&00 211,852.00 52.500% Interest 0.00 2,485.91 (2,485.91) 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL PARKS & RECREATION 446,000.00 236,633.91 209,366.09 53.060% CIVIC CENTER Developer fees 256,000.00 158,494.88 97,505.12 61.9100, Interest 0.00 42,680.16 (42,680.16) 0.000% Interest 85,000.00 0.00 86,000.00 0.000% Transfer in 0.00 0.00 000 0.000% TOTAL CIVIC CENTER 341,000.00 201,175.04 139,824.96 59.0000/1, LIBRARY DEVELOPMENT Developer fees 177,500.00 92,966 00 84,534.00 52 380% Interest 0.00 0.00 000 0.000% Transfer in 0.00 000 0.00 0 000% TOTAL LIBRARY DEVELOPMENT 177,500 00 92,966.00 84,534.00 52.380% COMMUNITY CENTER Developer fees 37,000.00 19,020.00 17,980.00 51.410% Interest 38,300.00 19,278.90 19,021.10 50.340% TOTAL COMMUNITY CENTER 75,300.00 38,298.90 37,001.10 50.860% STREET FACILITY Developer fees Interest TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY 44,100.00 28,194.64 16,905.36 63.9300/b 10,200.00 5,89828 4,301.72 57.8300/,, 54,300.00 34,092 92 20,207.08 62.790% 11,000.00 5,764.00 5,236.00 52.400% 2,600.00 1,39809 1,201 91 53.770% 13,600.00 7,162.09 6,43791 52.660% FIRE PROTECTION FACILITY Developer fees 74,500.00 35,530.12 38,969.88 47690% Interest 0.00 0.00 0.00 0.000% TOTAL FIRE PROTECTION FACILIT 74,500.00 35,530.12 38,969.88 47.690% ARTS IN PUBLIC PLACES REVENUE Arts in Public Places 97,500.00 57,220.75 40,279.25 58.690% Arts in Public Places Credits Applied 0.00 0.00 0.00 0.000% Interest 40,600.00 20,041.12 20,558.88 49.360% TOTAL ARTS IN PUBLIC PLACES 138,100.00 77,261.87 60,838.13 55.950% 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% ip CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL 07/01 /2006 - 12/31/2006 REMAINING % BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD SB300 Funding RCTC SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds Transfers in From Other Funds TOTAL CIP REVENUE 15,851,492.00 1,209,34690 14,642,145.10 7.630% • 848,479.00 0.00 848,479.00 0 000% 0.00 000 0.00 0.000% 1,674,430.00 0.00 1,674,430.00 0.000% 2,625,942 00 79,390.00 2,546,552 00 3.020% 82,656.00 79,390.00 3,266.00 960500% 0.00 0.00 0.00 0 000% 0.00 0.00 0.00 0 000% 25,09900 0.00 25,099.00 0000% 25,598 00 203,067 00 (177,469 00) 793 290% 0.00 0.00 0.00 0.000% 566,215.00 785.66 565,42934 0.140% 0.00 0.00 0.00 0.000% 101,986,948.00 10,576,343.71 91,410,604.29 10.3700/, 160,000.00 0.00 150,000.00 0.000% 123,836,859.00 12,148,323.27 111,538,535.73 9.11 EQUIPMENT REPLACEMENT FUND: Equipment Charges 487,000 00 486,999.00 1.00 100.000%0 Capital Contribution 0.00 000 0.00 0.000% Sale of Fixed Asset 0.00 12,400.00 (12,400.00) 0.000% Sale of Fixed Asset 12,400.00 0.00 12,400.00 0.000% Insurance Recoveries 0.00 000 000 0.000% Interest 129,500 00 65,042 64 64,457.36 50.2300/b Transfers In 0.00 000 000 0,000% TOTAL EQUIPMENT REPLACEMEN 628,900 00 564,441 64 64,458.36 89.750% INFORMATION TECHNOLOGY FUND: Charges for services 373,500.00 373,500 00 0.00 100.0000,10 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 21,318.54 16,381.46 66.550% Transfers In 0.00 000 0.00 0.000% TOTAL INFORMATION TECHNOLOc 411,200 00 394,818 54 16,381.46 96.020% PARK EQUIPMENT & FACILITY Charges for services 360,722.00 350,722.00 000 100.000% Interest 23,000.00 17,185.42 5,814.58 74.720% Interest 11,000.00 0.00 11,000.00 0.000% Capital Contributions 000 0.00 0.00 0,000% TOTAL PARK EEQUIPMENT & FAC 384,722 00 367,907.42 16,814 58 95.630% SILVERROCK GOLF Green fees Range fees Resident Card Merchandise Food & Beverage Allocated Interest Income Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE 2,985,870.00 771,128.99 2,214,741.01 25.830% 62,181.00 17,534.00 44,647.00 28.200% 30,600.00 18,315.00 12,285.00 59 850% 311,248.00 92,046.06 219,202.94 29.570% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 37.211.00 37.211.00 0.00 100.0000A Interest 0.00 622,96 (622.96) 0.000% Interest 1,200.00 0.00 1,200.00 0.000% Transfers In 67,426.00 0.00 67,426.00 0.000% TOTAL SILVERROCK GOLF 68,626.00 622.96 68,003.04 0.910Y0 LQ PUBLIC SAFETY OFFICER FUND Transfer In 2,000.00 2,000.00 0.00 100.000% Interest 300.00 0.00 300.00 0.000% Interest 30000 295.25 4.75 98 420% TOTAL LQ PUI3LIC SAFETY 2,60000 2,295.25 304.75 88 280% r n nr .> .;, a 19 LA QUINTA FINANCING AUTHORITY REVENUE DETAIL 07/01/2006 • 12/31/2006 REMAINING % BUDGET RECEIVED BUDGET RECEIVED DEBT SERVICE REVENUE: Contractual Services Fees Non Allocated Interest Non Allocated Interest Rental Income Transfer In Transferin TOTAL DEBT SERVICE CAPITAL IMPROVEMENT REVENUE: Pooled Cash Allocated Interest Non Allocated Interest TOTAL CIP REVENUE 15,000.00 000 15,000.00 0.000% 0.00 980 (9.80) 0.000% 100.00 0.00 100.00 0.000% 678,865.00 516,245.00 162,620.00 76.050% 5,923,15700 3,732,732.81 2,190,424A9 63.020% 7,273.00 0.00 7,273.00 0.000% 6,624,395.00 4,248,987.61 2,375,407.39 64.1400% 000 0.00 0.00 0.000% 0.00 000 0.00 0.000% 0.00 000 0.00 0.000% TOTAL FINANCING AUTHORITY 6,624,395 00 4,248,987.61 2,375,407.39 64.1400% 20 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07/0112008-12/3112006 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 866,250.00 403,481.38 0.00 462,76862 LEGISLATIVE 40,000.00 0.00 0.00 40,000.00 CITY MANAGER'S OFFICE 1.170,809.00 513,318.94 0.00 657,490.00 ECONOMIC: DEVELOPMENT 1,052,000.00 875,07519 000 776,92481 PERSONNEURISK MGT 1,046,554.00 528,788.65 0.00 517,765.35 PERSONNELIRISK MGT 30,000.00 0.00 0.00 30,000.00 TOTAL GENERAL GOVERNMENT 4,805,613.00 2,320,664.16 - 2,484,90.84 CITY CLERK 601,704.00 263,182.18 0.00 338,52182 TOTAL CITY CLERK 601,704.00 263,182.18 0.00 338,521 82 COMMUNITY SERVICES FINANCE: BUILDING & SAFETY: PUBLIC SAFETY: PARKS & RECREATION ADMINISTRATION 1,166,207.00 492,214.89 0.00 673,992.11 PARKS 8 RECREATION ADMINISTRATION 12,500.00 0.00 0.00 12,500.00 SENIOR CENTER 391,31100 167,952.12 000 223,358.88 SENIOR CENTER 4,500.00 0.00 0.00 4,500.00 PARKS & RECREATION PROGRAMS 173,976.00 106,369 20 271.00 67,335 80 PARKS & RECREATION PROGRAMS 13,800.00 0.00 0.00 13,800.00 LIBRARY 869,275.00 283,99026 000 585,284.74 PARK MAINTENANCE 1,211,785.00 800,231Al 4,200.00 407,353.89 PARK MAINTENANCE 36,075.00 0.00 0.00 36,075.00 TOTAL COMMUNITY SERVICES 3,879,429.00 1,850,757.58 4,471.00 2,024,200.42 FISCAL SERVICES 880,45200 429,441.94 0.00 451,010.06 FISCAL SERVICES 15.000.00 0.00 0.00 15,000.00 CENTRAL SERVICES 398,317.00 266,75881 0.00 141,55819 CENTRAL SERVICES 31,200.00 0.00 0.00 31,200.00 TOTAL FINANCE 1,324,969.00 686,200.75 - 638,76825 BUILDING IL SAFETY -ADMIN 381,252.00 179,103.54 0.00 202,148.46 BUILDING 1,017,036.00 643,945.99 0.00 373,090.01 BUILDING 160,000.00 0.00 0.00 150,000.00 CODE COMPLIANCE 912,721.00 429,233.08 0.00 483,487.92 ANIMAL CONTROL 421,86000 166,97922 000 255,870.78 CIVIC CENTER BUILDING -OPERATIONS 1,099,188.00 732,63896 000 366,54904 TOTAL BUILDING & SAFETY 3,982,047.00 2,160,900 79 0.00 1,831,146 21 POLICE SERVICES 9,455,117.00 2,287,738.08 1,24465 7,166,134.27 FIRE 4,214,373.00 55,097.14 000 4,159,275.86 EMERGENCY SERVICES 183,730.00 31,413.36 529.99 151,786 65 TOTAL PUBLIC SAFETY 13,853,220.00 2,374,248.58 1,77464 11,477,19678 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN 1,462,127.00 407,46156 0.00 1,054,66544 CURRENT PLANNING 973,664.00 255,837.66 9,27071 708,555.63 TOTAL COMMUNITY DEVELOPMENT 2,435,791.00 663,299.22 9,27071 1,76:1,221.07 PUBLIC WORKS: (389,171.00) PUBLIC WORKS ADMINISTRATION 633,103.00 221,39461 5,500.00 406,208.39 DEVELOPMENT & TRAFFIC 1,109,512.00 487,960.46 4,170.00 617,381.54 MAINT/OPE:RATIONS -STREETS 2,342,694.00 799,43098 38,733.10 1,504,529.92 MAINT/OPE:RATIONS - LTGMNDSCAPING 1,976,376.00 869,725.97 0.00 1,106,650.03 MAINT/OPE:RATIONS- LTGMNDSCAPING 37,000.00 0.00 0.00 37,000.00 MAINT/OPE:RATIONS -TRAFFIC 375,102.00 68,983.61 0.00 306,11839 CONSTRUCTION MANAGEMENT 984,282.00 618,44392 1,325.36 364,512.72 CONSTRUCTION MANAGEMENT 400,000.00 0.00 0.00 400,000.00 TOTAL PUBLIC WORKS 7,858,069.00 3,065,939.55 49,728.46 4,742,400.99 TRANSFERS OUT 1,537,564.00 977,802.72 0.00 559.761 28 TRANSFERS OUT 150,000.00 0.00 0.00 150,000.00 GENERAL FUND REIMBURSEMENTS (5,228,569 00) (1,703,691,95) 0.00 (3,524,877.05) NET GENERAL FUND EXPENDITURES 35,199,837.00 12,649,303.58 65,244.81 22,485,28861 n ,7 21 .J J / 07/01 /2006.12/31 /2006 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES - 0.00 0.00 0.00 REIMBURSE GENERAL FUND 869,275.00 115,00000 0.00 754,27500 TRANSFER OUT 2,700,000.00 0.00 0.00 2,700,000.00 TOTAL LIBRARY FUND 3,569,275.00 115,00000 0.00 3,454,275 00 GAS TAX REIMBURSE GENERAL FUND 855,581.00 427,790.54 000 427,79046 TRANSFER OUT 584,837.00 169,436.01 000 415,40099 TOTAL GAS TAX FUND 1,440,4 8.00 597,226 55 0.0 8843,191�- FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 454,745.00 0.00 0.00 454,745.00 URBAN FORESTRY GRANT TRANSFER OUT TOTAL URBAN FORESTRY GRANT 0.00 0.00 0.00 SLESF(COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 101,400.00 82,939.63 0.00 18,460.37 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 0.00 000 000 INDIAN GAMING FUND TRANSFER OUT 201,14200 57,137.61 0.00 144,004.39 TOTAL LIBRARY FUND 20 ,142 0 67,137.61 0.00 144,004.39 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 890,900.00 445,449.98 0.00 445,450.02 REIMBURSE GENERAL FUND 31,694.00 0.00 0.00 31,694.00 TRANSFER OUT 0.00 000 0.00 TOTAL LTGILANDSCAPING FUND 922,59400 44, 9.98 0.00 477,144.02 RCTC TRANSFER OUT 2,374,007.00 46,831.88 000 2,327.175.12 TOTAL RCTC 2,374,007.00 46,831.88 0.00 2,327,175.12 DEVELOPMENT AGREEMENT FUND CONSTRUCTION - 000 0.00 0.00 REIMBURSE GENERAL FUND - 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 TOTAL DEV AGREEMENT FUND 0.00 000 0.00 CRIME VIOLENT TASK FORCE OPERATING EXPENSES 102,700.00 23,587.69 000 79,11231 TRANSFER OUT 0.00 000 0.00 TOTAL CRIME VIOLENT TASK FORCE 102, 00.00 23,58 .69 0.00 79,112.31 AS 939 OPERATING EXPENSES 79,430.00 49,67910 0.00 29,750B0 TRANSFER OUT 8,754.00 0.00 0.00 8,754.00 TOTAL AB 939 88,184.00 49,679.10 0.00 38,504.90 QUIMBY FUND: TRANSFER OUT 116,650.00 47,04644 0.00 69,603.56 INFRASTRUCTURE FUND CONSTRUCTION 52,100.00 52,100.00 000 000 REIMBURSE GENERAL FUND - 000 0.00 000 TRANSFER OUT 456,732.00 67,337.80 0.00 389,394.20 TOTAL INFRASTRUCTURE 508,832.00 119,43 .80 0. 0 389,39C20 VILLAGE PARKING TRANSFER OUT TOTAL VILLAGE PARKING FUND (1,893.00) 0.00 000 (1,893 00) SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,600.00 5,08648 0.00 21,51352 TRANSFER OUT - 0.00 000 0.00 TOTAL SOUTH COAST AIR QUALITY 26,600.00 5,086.48 000 21,513.52 CMAQIISTEA TRANSFER OUT TOTAL CMAQBSTEA FUND 000 0.00 0,00 ,� J v 22 07101/2006. 1213112006 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET TRANSPORTATION PROGRAM COSTS - 0.00 000 000 CONTRIBUTION - 000 000 000 TRANSFER OUT 6,600,603.00 816,678.44 0.00 5,783,924.56 TOTAL TRANSPORTATION 0,600,603.00 816,67844 000 5,783,924.56 PARKS & RECREATION INTEREST ON ADVANCE - 55,969.96 0 00 (55,969.96) INTEREST ON ADVANCE 120,000.00 0.00 0.00 120,000.00 TRANSFER OUT 125,22600 0.00 0.00 125,22600 TOTAL PARKS & RECREATION 24 ,226.00 55,969.96 000 189,256.D4 CIVIC CENTER PROGRAM COSTS - 0.00 0.00 0.00 REIMBURSE GENERAL FUND 203,600.00 82 101,9.98 0.00 101,830.02 TRANSFER OUT 11,898,098.00 456,56412 0.00 11,441,53388 TOTAL CIVIC CENTER 12,101,758.00 558,394.10 000 11,543,363 90 LIBRARY DEVELOPMENT PROGRAM COSTS - 0.00 000 0.00 INTEREST ON ADVANCE - 52,398.03 000 (52,398.03) INTEREST ON ADVANCE 120,000.00 0.00 0.00 120,000.00 TRANSFER OUT 000 000 0.00 TOTAL LIBRARY DEVELOPMENT 120,000 00 52,398.03 0.00 67,601 97 COMMUNITY CENTER PROGRAM COSTS - 0.00 000 0.00 TRANSFER OUT 0.00 000 0.00 TOTAL COMMUNITY CENTER 000 000 0,00 STREET FACILITY PROGRAM COSTS - 000 000 000 TRANSFER OUT 75,000.500 00 34 0.00 74.65500 TOTAL STREET FACILITY 75,000.00 345.00 0.00 74,655.00 PARK FACILITY PROGRAM COSTS - 0.00 000 0.00 TRANSFER OUT 0.00 000 000 TOTAL PARK FACILITY 0.00 0.00 0,0o FIRE PROTECTION INTEREST ON ADVANCE - 24,204 68 0.00 (24,204.68) INTEREST ON ADVANCE 50,000.00 0.00 0.00 50,000.00 TRANSFER OUT - 0.00 0.00 0.00 TOTAL FIRE PROTECTION DIF 50,000 00 24,204.68 0.00 25,795.32 ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 30,000.00 12,47&93 0.00 17,526.07 OPERATING EXPENSES-APP 1,800.00 0.00 0.00 1,800.00 ART PURCHASES 425,150.00 55,413.43 000 369,73657 TRANSFER OUT 200,000.D0 0.00 000 200,00000 TOTAL ART IN PUBLIC PLACES 656,950.00 67.887 36 0.00 589.062 64 23 07/01 /2006.1213112006 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 122,307,600.00 12,033,799.82 144,646.75 110,129,153.43 PROJECT EXPENDITURES 150,000.00 0.00 0.00 160,000.00 PROJECT REIMBURSEMENTS TO GEN FUND 1,379,259.00 114,623.45 0.00 1,264,735.55 TRANSFER OUT 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT 123,836,859.00 12,148,323.27 144,646.75 111, ,888.98 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 598,908.00 127,43086 26,098.71 445,37843 OPERATING EXPENSES 10,000.00 0.00 0.00 10,000.00 TRANSFER OUT 657,000.00 0.00 000 657,000.00 TOTAL EQUIPMENT REPLACEMENT FUND 1,28 ,90 00 27,430. 6 26,098.71 1,112,378.43 INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 681,800.00 99,96367 0.00 581,63633 OPERATING EXPENSES 6,000.00 0.00 0.00 6,000.00 TOTAL INFORMATION TECHNOLOGY FUND 687,800.00 99,963.67 587,83633 PARK MAINTENANCE FACILITY OPERATING EXPENSES - 0.00 0.00 0,00 TRANSFER OUT 0.00 0.00 000 TOTAL PARK MAINTENANCE FAC 0.00 0.00 0,00 SILVERROCK GOLF OPERATING EXPENSES 4,157,302.00 1,805,305.37 000 2,351,99663 OPERATING EXPENSES 6,000.00 0.00 0.00 5,000.00 TRANSFER OUT 67,426.00 0.00 0.00 67,426.00 TOTAL SILVERROCK GOLF 4,229,728.00 1,805,305.37 000 2,424,42263 SILVERROCK GOLF RESERVE TRANSFER OUT 37,211.00 37,211.00 0.00 0.00 TOTAL SILVERROCK GOLF RESERVE 37,211.00 37,211.00 0.00 0.00 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2.000.00 0.00 0.00 2,000.00 24 LA OUINTA FINANCING AUTHORITY EXPENDITURE SUMMARY 0710112006-12/31/2006 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET DEBT SERVICE EXPENDITURES SERVICES BOND PRINCIPAL -1996 BOND PRINCIPAL - 2004 BOND INTEREST - 1996 BOND INTEREST - 2004 TRANSFER OUT CAPITAL IMPROVEMENT EXPENDITURES BOND ISSUANCE COSTS TRANSFER OUT 15,125.00 10,05392 000 5,071.08 345,000.00 345,00000 0.00 000 1,520,00000 1,520,00000 000 0.00 333,865.00 171,245.00 000 162,62000 4,403,15600 2,212,97813 000 2,190,177.87 0.00 000 000 TOTAL DEBT SERVICE 6,617,146.00 4,259,27Z05 0.00 2.357.868.95 - 0.00 000 000 7,273.00 0.00 0.00 7,273.00 TOTAL CAPITAL IMPROVEMENT 7,273.00 000 0.00 7,273.00 TOTAL FINANCING AUTHORITY 6,624,419 00 4,259,277 05 0.00 2,365,141 95 25 COUNCIL/RDA MEETING DATE: February 20, 2007 ITEM TITLE: Consideration of Two City Council Members to Serve on the Civic Center Art Purchase Committee RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The sum of $7,500 has been budgeted in the Civic Center Art Purchase Account No. 270.0000.4.51.61-70. CHARTER CITY IMPLICATIONS: None. BACKGROUND ,AND OVERVIEW: Since 1989, with the exception of 2004 and 2005, the City has been selecting artwork from the La Quinta Arts Festival ("Festival") to be displayed at various City facilities. Two City Council Members, in conjunction with two Cultural Arts Commission members, have viewed the artwork at the Festival for consideration of an art purchase. Historically, the Art Purchase Committee has met the first day of the Festival to select a piece of artwork for the City with the artwork delivered to the City after the Festival. The following City Council members have participated on the Civic Center Art Purchase Committee: 2006 Council Members Henderson and Kirk 2003 Mayor Adolph and Council Member Osborne 2002 Mayor Pena and Council Member Henderson 2001 Mayor Pro Tern Sniff and Council Member Adolph 2000 Mayor Pena and Council Member Henderson 1999 Council Members Adolph and Sniff 1998 Mayor Pena and Mayor Pro Tern Henderson 1997 Council Members Adolph and Sniff 1996 Council Members Adolph and Henderson 1995 Council Members Cathcart and Perkins 1994 Mayor Pena and Council Member Sniff Should the City Council decide to participate in purchasing artwork this year from the Festival, the Community Services Commission will be asked to select two representatives to participate on this year's Civic Center Art Purchase Committee. The Art Purchase committee may also want to include the interior designer for the City Hall expansion to assist with the selection process. The Festival will be held from March 15 through March 18, 2007 at the Civic Center Campus. The Art Purchase Committee may wish to meet prior to the start of the Festival to select an art piece during the opening hours of the Festival. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint two City Council members to serve on the Civic Center Art Purchase Committee to select Civic Center Art during the La Quinta Arts Festival, and authorize spending up to $7,500; or 2. Do not participate in the selection of artwork from the La Quinta Arts Festival; or 3. Provide staff with alternative direction. submitted, Edie Hylton, Cernmunity Services Director Approved for submission by: `Thomas P. Genovese, City Manager 43 cei+'Y °% 4Q9nro COUNCIL/RDA MEETING DATE: February 20, 2007 ITEM TITLE: Consideration of Invitation to Participate in the Charity Golf Tournament at the Classic Club on Monday, April 30, 2007 Benefiting CSUSB-Palm Desert Campus Students RECOMMENDATION: As deemed appropriate by Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: 'r CONSENT CALENDAR: _ STUDY SESSION: PUBLIC HEARING: _ Sponsorships are: available at the $5,000 and $2,500 level, as well as foursomes at $1,800. Funds could be allocated from the General Fund Reserve account. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Council received written correspondence from California State University, San Bernardino (CSUSB) — Palm Desert Campus, dated January 23, 2007 (Attachment 1), inviting the City to participate in a charity golf tournament at the Classic Club on Monday April 30, 2007. The tournament would benefit CSUSB- Palm Desert Campus students. The President's Cup, featuring a tournament within the tournament, will be awarded to the top municipal or government team in the event. Each foursome must include at least one, but not more than two, current elected officials and a member of your senior management. The municipality with the best net (handicapped) score will be presented with the Cup at a City Council meeting. 344 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Participate in the Charity Golf Tournament at a determined level of sponsorship; or 2. Do not participate in the Charity Golf Tournament; or 3. Provide staff with alternative direction. Respectfully submitted, Terry D ringer, Management Analyst Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Correspondence from CSUSB, dated January 23, 2007 ATTACHMENT 1 CALIFORNIA STATE UNIVERSITY SAN BERNARDINO Palm Desert Campus January 23, 2007 Mayor Don Adolph City of La Quinta 78-495 Calla Tampico La Quinta, CA 92253 37-500 Cook Street, Paint Desert, CA 92211 (760) 341-2883 * (909) 473-8180 Fax zti RE: INVITATION TO PARTICIPATE IN CHARITY GOLF TOURNAMENT AT THE CLASSIC CLUB MONDAY APRIL 30, 2007 BENEFITTING CSUSB-PALM DESERT CAMPUS STUDENTS Dear Mayor Adolph: Thank you for the continued support you have shown toward the development of a university for our Coachella Valley. The educational opportunities that campus is providing will propel our economy for years to come. As the University grows, so do the needs of local students with rasped to scholarships to attend the University. California State University San Bemardino's Palm Desert Campus is set to host the 81i annual Golf Classic on Monday April 30, 2007 at Thee Classic Club in Palm Desert The event will begin with registration at 11:30 am with a shotgun start at 12:30 pm. Once again, a tournament within the tournament will be hosted and The President's Cup will be awarded to the municipal or government team in the event. The 2006 winner was the City of Palm Desert The eligibility p ,ales for the cup are simple; your foursome must include at least one, but not more than two current elected pfficials (fp ►r_ uf,cotrtrngrft andlor a member of your senior management The municipality with the best net ndioqppgM S, x�il. — Pied with the Cup aE a.City Council meeting. We have included the basic tournament information in the attachments and sincerely hope that you will consider sponsoring the tournament and competing for the President's Cup. Sponsorships are available at the $5,000 and $2,500 level, as well as foursomes at $1,800. Please note that the last three events (2004, 2005 and 2006) have raised over $150,000 that went direcHy to campus development and scholarship programs. it is important to note that too*/* of a community contribution (such as that of La Quinte) will be put fight back Into your community by benefiting a needy student residing in La Quanta. Further, the City of Le Quinta will be informed regarding the scholarship rec►plent. Finally, we are pleased to announce that our title sponsor is Southern California Edison. Other sponsors include California Bank £ Trust, Canyon National Bank, The Desert Sun (Gannett Foundation), The City of Palm Desert, The City of Rancho Mirage, Palm Desert National Bank, D.L: Freeman, Inc. and The Gas Company. If you have any questions, please feel free to contact our Tournament Director, Michael Bracken at (760) 272-9136. We look forward to seeing you on April 30, 2007. Sincerely, h/!F4,� Kathy DeRosaA wman —)Southern California Edison) Patric( Swatthout4.— t, Vice Chair (The Gas Company) J46 Attachment CALIFORNIA STATE UNIVERSITY SAN BERNARDINO PALM DESERT CAMPUS 2007 GOLF TOURNAMENT (Benefiting campus development and college scholarships) EVENT SPONSORSHIP PACKAGE The Classic Club Palm Desert, California. Monday April 30, 2007 11:30 am Check -in 12:30 noon Shot -gun Start 2007 CSUSB- PALM DESERT CAMPUS GOLF EVENT SPONSORSHIP LEVELS President's Friends ($5, 000) • Two Complimentary Foursomes (golf, gift, lunch and dinner reception) • Complimentary 'dole or Tee Sponsorship • Corporate or Individual 'Brick' in Plaza of Palm Desert Campus • Corporate Banner (supplied by sponsor) displayed at Par 3 hole • Special recognition in the Palm Desert Campus section of Cal State Magazine (40,000 circulation), Recognition in Tournament Program Dean's choice ($Z"&V) • Complimentary foursome (golf, gift, lunch and dinner reception) • Complimentary (Hole or Tee Sponsorship • Special recognition in the Palm Desert Campus section of Cal State Magazine (40,000 circulation), Recognition in Tournament Program • Corporate or Individual 'Brick' in Palm Desert Campus Professor's corner 048W) • Foursome of half (golf, player gift, lunch and dinner reception) • Recognition in Tournament Program s9' ($5w) • Entry into Tournament (golf, player gift, lunch and dinner reception) HdeJTee Signs ($200 each) can be purchased separately or added Namdritle: Company: Address: City, State Zip Phone/Fax To RegiWerfor the 2007CSUSB Palm Desert Campus Golf Touramnex! Fax or Send this Registration to: CSUSB-Palm Desert Campus Arm: Michael Bracken (mkbmcken@yahoo.com) 37-500 Cook Street Palm Desert, CA 92211 (760) 272-9136 (mobile) (760) 346-8887 (fax) •For Those Providing a Contribution of $2,500 or more, please also provide your company logo on disk 13 AGENDA CATEGORY: COUNCILIRDA MEETING DATE: February 20, 2007 BUSINESS SESSION: ITEM TITLE: Discussion of City Council Goals and the CONSENT CALENDAR: Fiscal Year 2006-2007 Annual Financial Management STUDY SESSION: Review PUBLIC HEARING: RECOMMENDATION: Discuss City Council Goals and the Annual Financial Management Review for Fiscal Year 2006-2007. FISCAL IMPLICATIONS: No direct fiscal implications will result from this action. Staff proposes to develop programs to implement selected goals and will identify cost projections as part of the economic development program, capital improvement program, and budget process. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Fiscal Year 2006-2007 Annual Financial Management Review is provided as Attachment 1. 'This document is the first component of the strategic planning process and presents the financial achievements for the past fiscal year, five-year cash flow projections for operating and capital improvement funds, and financial management strategies and recommendations for the coming fiscal year. The additional components of the strategic planning process include the Economic Development Plan, the Capital Improvement Program, the Annual Budget and the Five - Year Resource Allocation Plan. An explanation of each of these documents is provided below. 11 349 Economic Development Plan This plan outlines a vision and direction for the City's economic development activities. It presents the mission statement, implementation policies, projected resources, and business plan the City and the La Quinta Redevelopment Agency will follow to sustain a comprehensive economic development effort. It is goal -oriented in that the economic development efforts specified in the plan are key to generating the financial resources necessary to support both the Resource Allocation Plan and the Capital Improvement Plan. Capital Improvement Plan This plan is primarily a planning document that establishes five-year funding priorities for capital improvements. This plan also includes a listing of all the other desired capital improvements that cannot, or need not, be funded within the five-year horizon. Five -Year Resource Allocation Plan This plan is primarily a planning document that provides a five-year horizon for forecasted operational needs of each department, as well as the City as a whole. This plan is a cyclical review of all operations expenditures to reassess funding mechanisms behind personnel responsibilities and the various service levels of all programs. Annual Budget This document is the annual implementation tool for the overall planning process. The budget will encompass each element of the strategic planning effort and will implement: the goals of the Economic Development Plan; the resource and demand allocation outlined in the Five -Year Resource Allocation Plan; and the capital improvement investment for a given year. As in years past, to begin this year's strategic planning process, staff has provided last year's City Council Goals. This document is included as Attachment 2 for reference and discussion purposes. The chart has been updated to include the current status of each goal. As the City Council is aware, this discussion is intended to provide the City Council an opportunity to identify priority goals for Fiscal Year 2007-2008 as a precursor to this year's budget process. Identified goals will be integrated into this year's Economic Development Plan, Capital Improvement Plan, and/or the Annual Budget. Additionally, this discussion provides for City Council feedback/direction on the Financial Management Review as the City outlines its long-term goals and direction. )"V Respectfully submitted, Thomas P. Genovese, City Manager Attachments: 1. Annual Financial Management Review for Fiscal Year 2006-07 2. City Council Goals for Fiscal Year 2006-07 ATTACHMENT 1 City of La Quints and La Quinta Redevellopment Agency February 20, 2007 Financial Forecast Presented By: Financial Management Team Thomas P. Genovese, City Manager John Falconer, Finance Director Douglas Evans, Community Development Director Tim Jonasson, Public'Works Director Tom Hartung, Buildings & Safety Director Edie Hylton, Community Services Director Debbie Powell, Management Analyst Terry Deeringer, Management Analyst Nick Nickerson, NAI Consulting, Inc. *' A Frank J. Spevacek, Rosenow Spevacek Group, Inc. `ice Alexa Smittle, Rosenow Spevacek Group, Inc. For the past twelve years the City of La Quinta and the La Quinta Redevelopment Agency have implemented a strategic planning process that: • Reviews current year, and projected five-year, revenues and expenditures for every operations and capital improvement fired of the City and the Agency • Establishes City Council priorities related to both City and Agency expenditures • Appropriates revenue for operating programs and capital improvement projects for the coming fiscal year. This process entails the following components: • Annual Financial Management Review • 5-Year Capital Improvement Program • Annual Economic Development Plan • Five -Year Resource Allocation Plan • Annual City/Agency Budget This document presents the first component of the strategic planning process, the 2006-2007 Annual Financial Management Review. It presents the City's and Agency's financial achievements for the past fiscal year, five-year cash flow projections for the critical operating and capital improvement funds, and financial management strategies and recommendations regarding revenue enhancements and program/project expenditures for the coming fiscal year. Financial Achievernanft During the past 12 months, City staff has implemented the City Council directives generated from last year's Annual Financial Management Review. As a result, the City was able to: increase General Fund Operating and Emergency Reserves, implement new infrastructure and public facilities improvement projects, complete upgrades to the Phase 1 golf course at SilverRock Resort, finalize agreements for private development within SilverRock Resort, invest in economic development initiatives that will generate new sales and transient occupancy tax revenues, and overall, improve its financial footing. Specific achievements include: • Implementing prudent revenue forecasts and cost containment measures that generated a General Fund operating surplus of $12.3 million for Fiscal Year 2005-2006. This was primarily revenue driven, with greater than forecasted license and permit fee revenue, sales and transient occupancy tax revenue, and investment earnings. • Increasing the General Fund Emergency Reserves while maintaining the General Fund Cash Flow Reserves. The Fiscal Year 2006-2007 Emergency Reserves are estimated to stand at $12.9 million or 35.0% of the Operating Budget plus a previous one-time $4,000,000 infusion, and the Cash Flow Reserves will be at $3.0 million or 8.25 % of the General Fund Operating Budget. The latter is necessary CITY OF LA QUINTA M* 2007 ANNUAL FINANCIA� REVIEW.' FEBRUARY 20, 2007 �� to fund General Fund expenditures during early months of each new fiscal year prior to the receipt of significant property and sales tax revenue. In addition, as of June 30, 2006, the General Fund contained an additional $15.2 million in fund balances that were set -aside for operations, projects and transfers. As of June 30, 2006, General Fund reserves also included a $750,000 reserve for educational purposes, $10,900,000 for capital improvements, $4,967,000 for economic development, and $1,319,000 fbr carryover encumbrances. • Continuing the City's capacity to implement a capital improvement program with a scheduled investment of $11.7 million during Fiscal Year 2006-2007 and a scheduled investment of $53.8 million during Fiscal Year 2007-2008. The Capital Improvement Program is scheduled to be reviewed by the City Council on March 20, 2007. During Fiscal Year 2006-2007 the City updated the Transportation and Civic Center Impact Fee sections of the Developer Impact Fee Report. e Notable projects programmed within the 2006-2007 Capital Improvement Program include an overall investment of $2,098,875 towards the construction phase of the Avenue 52 Bridge Widening, and an overall investment of $12,408,000 toward the Adams Street Bridge, spanning the Whitewater River, of which the City will contribute $2,641,600, and Caltrans will contribute the amount of $9,766,400 from Highway Bridge Rehabilitation Repair funds. In addition, $2,106,000 is programmed toward the design phase of the SilverRock Resort Phase Il Golf Course, and $2,500,000 is programmed toward the construction phase of the Museum Expansion Improvements. • The Redevelopment Agency and City approved a Disposition and Development Agreement and Development Agreement with LDD SilverRock, LLC (an entity of Lowe Enterprises). The agreements provide for the sale/lease of nearly 61 acres to LDD SilverRock, LLC for the development of revenue - generating components., including a 225-room boutique hotel, a 283-room resort hotel (including 90 pure hotel rooms and 193 condo hotel rooms), 127 casitas units affiliated with the resort hotel, and an 81,000 square foot retail venue (including retail shops, restaurants, and potential second -floor office or residential space). Expansion of the City's lodging industry has proceeded with the construction of the Homewood Suites and adjacent resort casitas, development of additional resort casitas projects and the Embassy Suites hotel. The 275 hotel units and supporting resort casitas units will substantially increase TOT revenues. • The City Council adopted the Development Impact Fee Study Update in July 2006. In keeping with the recommendations presented within the Fee Study, this document is scheduled to be reviewed and updated on a regular bads. The next update will be presented for the Council's consideration in March or April 2008. • Expansion of the City's retail base has included the approval of 49,894 square feet of new retail building area in calendar year 2006, with an additional 191,900 square feet of new retail/restaurant building area proposed. The City's annual goal of increasing retail business to reduce reliance on one- time revenues has been a key objective. Critical mass projects include Sam's Club, Costco/Komar Center, Best Buy, Office Max, Trader Joe's and Petco, all of which opened in 2006-07. Building permits have been issued for 363,395 square feet of new retail/commercial uses during 2006. • Increasing the City's employment base will be boosted by expanding medical and non -medical office uses. Although no medical/non-medical office use was approved along the Washington Street corridor in 2006, Eisenhower Medical Center has proposed establishing a 196,500 square foot medical office facility CITY OF LA QUINTA 2006 M ANNUAL FINANCIAL REVIEW FEBRUARY 20, MW 354 in La Quinta and a 130,450 square foot office complex is proposed at Fred Waring Drive and Palm Royale. In addition, &Q60 square feet has been previously approved, which includes a 23,760 square foot medical office building under construction on Washington Street, north of Palm Royale, and a 4,600 square foot medical office building on Washington Street at the LQ Professional Plaza. • Development and other activity has enhanced the Village including the opening of an additional 58,500 square foot expansion of Old Town, construction beginning on a 10,726 square foot mixed use retail/office, and pending construction of a 20 unit luxury condominium project. In addition, the City has either approved or received development applications for 65,011 square feet of retail/office use, and I additional residential dwelling units in 2006. Community events and programs such as the La Quinta Arts Festival, Art Under the Umbrellas at Old Town La Quinta, Community Playhouse, and numerous musical events continue to attract residents and visitors to the Village. The City Council has approved an on -going Village Parking Development Strategy in order to annually monitor parking activities in the Village. In anticipation of evolving market conditions, the City Council has authorized the preparation of a Village Design Guidelines Update and Strategic Plan. • Capitalizing on the continued increases in assessed values in both Redevelopment Project Areas, with Project Area No. 1 experiencing a 13.5% increase and Project Area No. 2 experiencing a 8.9% increase between Fiscal Years 2005-2006 and 2006-2007. CITY OF LA QUIN7A 2006-2007 ANNUAL FINANCUIL REVIEW FEBRUARY 20, 2007 J The following Fiscal Year 2006-2007 five-year cash flow table presents current and projected City and Redevelopment Agency resources. It highlights the original and mid -year budget adjustments for Fiscal Year 2006-2007, projected revenues and expenditures through the second quarter of fiscal year 2006- 2007, and projected revenues and expenditures through Fiscal Year 2010-2011. The latter projections are based upon the City's Resource Allocation Plan. It is important to note that the City traditionally relies upon conservative revenue and expenditure forecasts; the cash flow analysis likewise is based upon conservative assumptions for the five-year period. Findings With the exception of the General Fund and SilverRock Fund, all other City and Agency funds have positive available fund balances, meaning that these funds remain in the black after payment of planned expenditures through Fiscal Year 2010-2011. For the General Fund, Fiscal Year 2006-2007 will see a reduction of available fund balance due to the loaning of funds for housing and economic purposes. Beginning Fiscal Year2007-2008 through Fiscal Year 2010-2011, the General Fund is projected to incur a net loss of between $786,766 and $6,179,613 based upon the Resource Allocation Plan (RAP) assumptions. With these losses, the General Fund available balance will become negative in Fiscal Year 2010-2011 and beyond. For the SilverRock Golf Fund, no projections after FY 06/07 have been performed. Based upon the phased development at the SilverRock site, losses will continue to require General Fund advances for the next several years. In recent years, projected General Fund deficits have been averted because development has exceeded expectations. The following chart details the General Fund Cash Flow projections through Fiscal Year 2010-2011. An important trend to note is the leveling out of the restricted reserves (less liquid) since the RDA interest advances will be paid off annually, and the decrease in the unrestricted reserves (more liquid). The City Council and the Agency will want to continue to enhance both sales and transient occupancy tax generators, as well as review alternative revenue enhancements or service level cuts. 5-yogr Apa"Is of 0aneral Fund Balances Net Beginning Inflows/Over Restricted Unrestricted Ending Fiscal Year Fund Balance Inflows Outflows (Under) Outflows Reserves Reserves Fund Balance Fy05M-Prior Year 63,926,967 38,031,484 4689,327 12,342,157 41,124,423 35,144,701 76,269,124 FY 06107 - Budget 76,269,124 34,413,071 35,199,837 (786,766) 53,046,720 22,436,638 76,482,358 FY 07108 75,482,358 34,512,972 35,252,440 (739A08) 40,794,824 33,948,066 74,742,890 FY W09 74,742,890 35,841,369 39,622,330 (3,780,961) 40,794,473 30,167,455 70,961,928 FY 09110 70,961,928 38,806,216 43,723,745 (4,917,529) 40,793,647 25,250,753 66,044,400 FY 10/11 66,044,400 40,518,560 46,698,173 (6,179,613) 40,793,647 19,071,140 $9,864.787 CITY OF LA QUINTA 20062007 ANNUAL FINANCIAL REVIEW �++ FEBRUARY 20, 21MY v t� Upon evaluating the crash flow projections, the Financial Management Team formed the following conclusions: o Police service costs are continuing to increase due to escalating costs, and increasing service demands due to an expanding City population. These cost increases will be reflected in the Fiscal Year 2007- 2008operating budget proposal. Although shortfalls in the fire operating budget are currently being funded through the Fire; Tax Credit, projections contained in the Resource Allocation Plan (RAP) indicate that by Fiscal Year 2011-12 the Credit will be depleted and the General Fund will be required to subsidize fire operations. e During Fiscal Year 2007-2008 an estimated $110,324,697 in capital improvement projects will be carried over. Carry over projects include the SilverRock Resort Phase II Improvements. The Phase II Improvements include the installation of: the "backbone" infrastructure, including on -site streets, three (3) bridges spanning the Coachella Canal (1 auto and 2 golf cart), water, sewer and dry utilities; the permanent clubhouse; the second golf course (resort course); the entry features, and on -site landscaping. When complete, the project will be a four -star golf resort. Other notable improvements include the Adams Street Bridge spanning the Whitewater River and the Highway I I I widening between Adams Street and Jefferson Street. e During Fiscal Year 2006-2007 an estimated $61,031,977 in capital improvement projects will be carried over. Carry over projects include the expansion of the Civic Center. The existing facility is over capacity as it is no longer capable of meeting the needs of the community. In order to maintain service levels and meet developer response times increases in staff are expected in the Community Development, Public Works and Building and Safety Departments. Expansion of City Hall has commenced in order to accommodate additional staff for these departments. • In Fiscal Year 2006-2007 Public Works initiated a master plan for creating permanent maintenance facilities at the Corporation Yard adjacent to Fritz Bums Park. The master plan will review the current site for placement of permanent maintenance facilities as well as the future location and access for Fire Station No. 32 located next to the southerly maintenance yard entrance on Francis Hack Lane. Estimates of the construction cost for the future facilities at this location have not been made as of the writing of this report. The master plan will include this information as well as possible phasing scenarios for the improvements. o The Agency has the capacity to issue $44,000,000 in non -housing bonds ($37,000,000 for Project No. 1 and $7,000,000 for Project No. 2) and $50,000,000 in housing fund bonds. This capacity was calculated after deducting all existing debt service payments and reserving $2,020,000 in non -housing tax increment revenue and $2,000,000 in housing fund revenue for operations expenses. • The Agency's total outstanding bond debt is $263 million, $173.7 million of non -housing bonds and $89.3 million in housing bonds. This bond debt service (principal and interest) is currently $19,743,567, with $4,880,000 of total outstanding bond principal to be retired during Fiscal Year 2006-2007. • While the City's sales and transient occupancy tax revenue base continues to grow, the City's economic development efforts to attract additional sales and transient occupancy tax generators must be maintained. Investment in amenities and projects that secure additional resort, hospitality and retail uses must continue in order to compete with adjoining jurisdictions for market share, and to attract users that capitalize on La Quinta's resort and retail image. CRY OF LA QUINTA FEBRUARY 20, 2007 20065.2007 ANNUAL FINANCIAL REVIEW e The City continues to rely on its two Redevelopment Projects to underwrite a variety of capital and public facility improvement projects, to invest in General Fund revenue generating economic development initiatives, and to supplement General Fund operating revenues by funding staff and related operational costs through Fiscal Year 2009-2010. After this date, Agency funding of staff and related operational costs will decrease as fewer Agency funded capital and public facility projects are initiated. However, the Agency has commenced interest payments on outstanding General Fund loans during Fiscal Year 2006-2007 and the coming fiscal years totaling $2,020,000 annually. Rec omnm rldadons Since the first Midyear Financial Management Review was initiated in 1994, the City Council has continually directed staff to leverage the Redevelopment Agency in order to invest in economic development initiatives that generate revenue for the General Fund, and to fund capital improvements and facilities that address blight within the Redevelopment Project Areas while relieving the General Fund of these funding obligations. This strategy has both increased General Fund operating revenue to support expanding City service: levels, and resulted in on -going improvements to the City's infrastructure and public facilities. The Financial Management Team recommends that the City continue to focus on measures that address the projected decline of available fund balance in the General Fund. To accomplish this, efforts must continue to expand the City's sales and transient occupancy tax revenue base by facilitating commercial development both in the Highway III Commercial Corridor and the Village, and resort/hospitality development in the Village and at SilverRock Resort. Further, the City must carefully consider all future annexation requests prior to preparing a strategic plan that evaluates how the City may fund associated municipal service costs. In order to foster economic growth that enhances General Fund operating revenue, continue to invest in needed capital improvements, and establish reserves to fund potential State mandated local revenue shifts to school districts, the Financial Management Team recommends that the City Council consider the following: e Implement and monitor SilverRock Disposition and Development Agreement. Hospitality venues at SilverRock Resort will generate new, long-term transient occupancy and sales tax revenue. In addition, resort patrons would generate additional demand at the Arnold Palmer Classic Course. • Continue with Phase H improvements at SilverRock Resort. Phase II improvements include design and construction of infrastructure (water, sewer, utilities, roads) to serve the balance of the property; design and construction of a permanent clubhouse, and design and construction of a second golf course. Funding sources for Phase 11 include existing bond proceeds, Project Area 1 tax increment revenue, and SilverRock Resort land sale proceeds. e Continue to Generate Cost Savings. Carefully consider undertaking new operations costs that must be funded through the General Fund. Given the uncertainty of the State budget solutions, the City should increase efforts to generate greater cost savings in all operations while thoroughly evaluating the merits of expanding or starting new projects and programs that increase operations costs. • Affordable Housing Land Acquisition. Initiate a new round of property purchase activities for new affordable housing construction. This would further diversify the community's socio-economic profile by creating housing opportunities that cater to permanent residents, of a variety of income levels, who live CRY OF LA QUINTA 2000.2007 ANNUAL FINANCIAL REVIEW FEMUARY 20, 2007 j and support La Quinta businesses on a year-round basis. Many of the new residential developments underway within the La Quinta planning areas are targeted towards higher income households which often purchase these dwellings as second homes. The Redevelopment Agency's affordable housing efforts have facilitated development of dwellings that are almost exclusively occupied by full-time residents who either live and work in the Coachella Valley, or have elected to retire in the Valley. Per the attached cash flow analysis, the Agency is projected to receive a significant amount of housing fund revenue during the next five years. Given that a majority of the property in the Project Areas is developed, or approved for development, new affordable housing initiatives should focus on facilitating mixed -use development opportunities in commercial districts, and new multi -family development in the areas that are within, or may be annexed to, the City. e Future annexation requests for Planning Areas 1 and 2. These are under consideration as a result of LAFCO's decision to add 8,000 acres to the City's Sphere of Influence (SOI). Based upon current General Plan land uses, preliminary financial analysis indicates annexation will result in a net fiscal loss to the City. Prior to annexation, the City should analyze proposed land uses, public infrastructure needs (especially roadway capital costs and pavement management), existing substandard housing conditions, code enforcement, animal control, parks and recreation, and public safety. Depending upon the size of future annexations, the City will need to add staff resources to effectively manage new development applications, plan checks, infrastructure, roadway maintenance, and code enforcement. In addition, the City is working with two property owners to annex approximately ten acres located on Darby Road, east of Palm Royale, and has initiated annexation of approximately 12 acres located on Washington Street and Hidden River Road to provide affordable housing. • Facilitate Auto Dealer Expansion. Opportunities exist to expand the La Quinta Auto Center by either expanding existing dealerships or adding dealerships. The City will continue efforts to work with existing auto dealerships to expand and upgrade existing facilities and to bring in new dealerships. This may require City assistance in working with land owners, dealerships, and auto makers to ensure the La Quinta Auto Center expands it-, presence in the region. o Expand City Revenue Base. Continue efforts to expand the City's revenue base by evaluating the need and support for increasing existing, or enacting new, user fees to fund on -going public services. The City has limits to the amount of retail and resort development it can physically accommodate that will generate non -user fee revenue. Residents not only demand, but deserve, the highest public service levels the City can financially support. The City's public safety standards, and its park, recreation, and landscaped open space area standards, are among the highest in California. Maintaining these service levels and standards WE demand increasing General Fund expenditures as community expectations and costs increase. While efforts to capture a greater share of sales and transient occupancy tax generators will continue, there is a limit to the number of retail and resort users the community can physically handle and that the market area can support. Reaching these capacities will necessitate reviewing alternative revenue enhancements or service level cuts. To avoid service cuts or reduce funding from the General Fund, the City may want to explore a City-wide Park Assessment District to provide funding for City park facilities. e RDA General Fund Loan Principal and Interest Payments. As of June 30, 2006 the General Fund had outstanding loans totalling $22 million in principal and interest to the RDA. For FY 2006/07 and thereafter, the interest generated from the $22 million loans which are at an interest rate of between 7% - 10% will result in the General Fund receiving $2,020,000 annually. CITY OF IA QUINTA 2006-2007 ANNUAL FINANCIAL REVIEW FEBRUARY 20, 2007 J J J e Golf Cart Plan. City staff has prepared a detailed Phase I golf cart route plan. This program will include a golf cart ordinance, a flyer outlining golf cart requirements, operator manual, map and other informational material. The Capital Improvement Program will include lane striping for on -street paths, new golf cart paths in parkways, signs, parking and charging station(s). The first implementation phase of the Golf Cart Plan will be focused on connecting the La Quinta Resort, SilverRock Resort and the Village. Plan approval is expected in Fiscal Year 2006-2007 and implementation in Fiscal Year 2007-2008. e Community Services Master Plan. The Plan is being updated and, as a result of the community -wide resident survey and public input, the need for neighborhood parks, sports fields, and off -road walking and biking trails ranked most important to residents. Land acquisition for new parks and funding for park development are important issues and are considered some of the highest unmet needs in the survey. Funding for land acquisition and available land within the city are both limited. The Community Development and Community Services Departments will need to examine the potential for land acquisition in the City and the Vista Santa Rosa area for opportunities to address this issue. Staff will also seek grants through the State of California for land acquisition and parks and trails development to defray the costs. The funding for ongoing maintenance of new trails, parks and sports fields will also need to be addressed prior to approval of new development projects. u Update of Developer Impact Fee (DIF) program. As estimates become available for projects with city wide benefits such as the Corporation Yard improvements and the Adams Street bridge it is necessary to reflect the updated costs in the DIF. In accordance with state law the increase in fees however can only reflect the amount attributable to new development. The next scheduled update of the DIF will be in Fiscal Year 2007-2008. o Update the Pavement Management Plan (PMP). Public Works will have updated costs associated with street maintenance and resurfacing as part of the PMP update started this year. The last update in 2002 did not reflect the rise in the cost of crude oil which greatly increased the cost to maintain roads with slurry seals or repave roads with asphalt cement. Once the PMP update is complete the Council will have to decide at which pavement condition index to maintain the city's road system for the next five years. e Pursue Highway III Relinquishment from State. Since Council's approval of the maintenance stipend amount of $700,000 in 2006, staff has been working with Caltrans for the relinquishment of State Highway I I I within the city's boundaries. Currently, legislation and a maintenance agreement are being drafted for approval by Caltrans before taking both to the California Transportation Committee later this year. Relinquishment of the highway to the city will have many benefits including eliminating state control over encroachment permits which currently adds six months to a year to the commercial development process on Highway 111. Eliminating the state's improvement plan and environmental review processes should aid considerably in streamlining delivery of economic development projects in the future. CITY OF LA QUINTA FEBRUARY 20, 2007 20062W ANNUAL FINANCIAL REVIEW n . J Five -Year Cash Flow Spreadsheets: Highlighted Funds: General Fund Library Gas Tax Federal Assistance (CDBG) COPS & SLESF Indian Gaming Lighting and Landscape Assessment RCTC Development Agreements Crime Task Force AB 939 Village Parking South Coast Air Quality Development Impact Fee: Transportation Development Impact Fee: Parks and Recreation Development Impact Fee: Civic Center Development Impact Fee: Library Development Development Impact Fie: Community Center Development Impact Fee: Street Facility Development Impact Fire: Park Facility Development Impact Fee: Fire Protection Facility Arts in Public Places Capital Projects Equipment Replacement Information Technology Park Equipment & Facility Maintenance SilverRock Operations SilverRock Reserve Police & Fire Survivor Finance Authority — Debt Service Finance Authority — Capital Projects PA No. 1- Housing PA No. 1- Debt Service PA No. 1 Capital Projects Project Area No. 1 Capital Project -Taxable CITY OF LA QUINTA 2006-2007 ANNUAL FINANCIAL REVIEW FEBRUARY 20, 2007 1 PA No. 2 — Housing PA No. 2 2004 Low Mod Housing PA No. 2 - Debt Service PA No. 2 -Capital Projects Other Financial Schedules Reimbursements Transfers 5-year Analysis of General Fund Balances General Fund Balance Detail and Analysis CITY OF LA QUINTA 200"M ANNUAL FINANCIAL REVIEW FEBRUARY 20, 2007 �- J 62 fO mry Y ohm' � P o000000.000 � � m o m m m o mmm p p e m m m M a m Yj O O N 0 CJ t`J Q m O 1� n4 �.. n � y ry � 000000�'i-000 $ YWf Q m O Op �Qlrl n 0 T Pi p�0�0 � OOgg Nyy �OmOO��Om m¢¢ N < o eN C) f �qq�QQZ 25o ry $O OoBiTimoen ns S�5��PO OWN @m@ � N Ni� OM ZQQSmy Opm mp� N N O 8 V � Q��yrr $G5��$Z5�S� SOSS�omrym Qi�N�� pp � OOOOOOOO�n P: �O tj � $��SO p` 52$000�Roo v- � om0000moNP c N 6�� c w`w 0g 00 s � y�� t0 N yQ m m co LL-p w - n`n` i sag Ef 3 i is c 88 8 j LL S S O S O O S O O O E E W C Li gg y 0 L C m O 0 Q LL q~ Z c� iZ�m$g$�iimOZmimm� m KKK 2K2KKm Qwo m i ��Ut9 �q� m.,N Oli6gY1 O U' d' 0 Q N 1p V _ 1O b y W N O Om N �$0 �-pp a NVVO N N Q om O � rNp ppanel 0 �� 8(PV�P O $� O �? O � O h(Gi I�mN oy d� N N �{OV O�y vY�o Pia iN� ry S O O OOASdN0�P000 bONO1�p qNm Qh0 1pS = V f u X ffi P$ moo b° oo o n 25 o-_Mno N$mgNqP m fo 00 $ e m P (o(ppWgm ��po i G{y °i O N Qm N ry? N N OmO� �wINNY N� � Z a Me ...�6WM ry �NCmI N w O Ns N��p 00 � mP 3 ryr yOy P O(m(VV��$NN� a mm o�IW�P m�-O N OYJ $ (ryl` N 00 V � O�- OONO�ObPNOtmV H �h�ppSO�mbOb t�n� O-O< P N N N ''"� }�QqyN1(K� mO � mO �^•N �Nm��rvpb � N,OMNm�TN m00r0°'4S�VOo�p W N'm o,N min�m Q SN Q N SN 0 m N `O_OOO $b$ 01010O0�p�mpEp m{y 80`�'my��bgpO� bNN 'N1Pp 'CnO1W 0 „ QQN V P W Oi R(N�pgn f�Q U`S CIOm 0 Q'°� N n m N u4u111 pAp �O �N�$$bNb. pN�m mpOO�m o$p p P O �8? Op tN y_�p i°o.mm0�0p pE Om �ty�P m 000�Tim�N P NmmHm YOI N IV N Y� fOryVOOCmINN OrNOnl OO N (np d t7 l$y� doO P O m wgi Omp1 nQ O �i OoOo d �n°,O oN O m O O g m ei O��m� O �mO O m �° �nd o N N M &i8 I�qW1� p 10 $� OOabM m-000-0 tS0 O pV CmOW N a pOmdN IV N N O bC m E n J � a u g >J IL a O c� m�q EN 3 Q'oU2-� U °OOUINOL rc nu E N 3 SUP �' W >>bba>LL3og c�wwa ° m w(x(VV$ba rrrr ' Nn a m Nwn agcc�cccEF pN � E yac°�mwr �t��miNNNlp �pn' 1L LL111L Ii 1L 1i 1L LLll a1LL Q 0 W� o mmadmm� gel e a n E� m f`3m g 0E ESETiToitl9w t)i w LL o cEoara� ca aH�»'s`.�� s FU � RmmCmmd'6 aKN W 6 xU'�7UUIKF mm. - LIBRARY Fund 102 2006-07 Five Year Cash Flow Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues County Contributions - Original County Library Service County Library Service Friends of Library Contribution Interest TOTAL INFLOWS OUTFLOWS Reimbursements General Fund Museum Operations - One Erne Museum Operations - 5% Additional staff time phase 2 Library - 5% Phase 2 Library One time Library Materials Transfers Out -CIP 1705 Museum Expansion Library Parking Shade Structures Phase 11 Library Improvements Transfers Out TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12/31/06 (Original) (Adjusted) 1,121,570 1,121,570 1,121,570 (335,888) (434,678) 678,338 1,624,062 1,121,570 1,121,570 1,121,570 (335,888) (434,678) 578,338 1,624,062 0 1,814,300 1,814,300 1,868,729 1,924,791 1,982,535 2,042,011 256,717 264,419 272,351 280,522 288,937 20,822 40,800 40,800 0 0 26,000 73,100 20,822 1 855100 2111 817 2133148 2197142 2,289,056 1.404 048 115,000 869,275 $69,275 912,739 958,376 1,006,294 1,056,609 100,000 215,000 225,750 237,038 248,889 230,199 200,D00 574.000 2,700,000 0 0 0 0 0 2 700 000 0 0 0 0 115,000 869,275 3,569,275 2,231,938 1,184,126 1,243,332 1,305,499 1,027,392 2,107,395 (335,888) (434,678) 578,338 1,624,062 2,722,612 0 0 0 0 0 0 0 1,027,392 2,107,395 (335,888) _112L678L 578,338 1,624,062 2,722.612 WORKING DOCUMENT 2OF 43 2006-07 Fhre Year Cash Flow GASTAX 201 1 2 3 4 5 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues State Subventions (2105-2107 5) Traffic Congestion Relief Traffic Congestion Relief Interest Interest TOTAL INFLOWS �I4i3S•L' i?. Reimbursements General Fund Transfers Out General Fund Transfers Out CIP 1748 Village Roundabout 1726 Eisenhower IN Bridge 1752 Ave 54 Pavement Rehab TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE (1) Year 2 though 5 assumes 3.5% increase. 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12/31/06 (Original) (Adjusted) 430,477 430,477 430,477 (70,460) (70,460) (70,460) (70,460) 430,477 430,477 430,477 (70,460) (70,460) (70,460) (70,460) 308,854 687,800 687,800 885,526 916,519 948,597 981,798 233,681 159,881 159,881 0 0 0 0 0 73,800 9,034 7,900 7,900 0 0 0 0 0 0 10,100 551,569 855,581 939,481 886,526 916,519 948 597 981,798 427,791 855,581 855,581 885,526 916,519 948,597 981,798 0 0 0 0 0 0 0 (6,387) (6,387) 166,555 166,555 9,268 424 669 169,436 0 584.837 0 0 0 0 597,227 855,581 1,440,418 885,526 916,519 948,597 981,798 384,820 430,477 (70,460) (70,460) (70,460) (70,460) (70,460) 0 0 0 0 0 0 0 384,820 430,477 70,460 70,460 70,460 70,460 70,/60 WORKINGDOCUMENT 3OF43 �66 2006-07 FWe Year Cash Flow FEDERAL ASSISTANCE Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues CDBG Interest TOTAL INFLOWS OUTFLOWS Transfers Out Capital Impmvement Program 1748 Village Round Abort 1762 Adams Street Bridge lmpmvemems 1753 Calla Tampico Sidewalk 8 Drain Impmv Total CIP Federal Assistance General Fund Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2006-07 2006-07 2007-08 2008-09 20MIO 2010-11 12(31106 (Original) (Adjusted) 0 0 0 0 134,000 269,600 404,400 0 0 0 0 134,800 269.600 404,400 0 202,600 464,745 164,800 164,800 164,800 164,800 0 0 0 0 0 202,600 454,745 164,800 164,800 164,800 164,800 172.588 249,735 175.010 0 172.598 424.745. 0 0 0 0 0 0 0 0 0 0 0 30,000 30.000 30.000 30.000 30,000 30,000 0 202.688 454,745 30,000 30,000 30.000 30,000 0 202,588 454 745 30.000 30,000 30,000 30 000 0 12 0 134.800 269,600 404,400 539,200 0 0 0 0 0 0 0 0 12 0 134,800 269,600 404,400 539,200 The CDBG revenues vdA be programmed by the City Council subject to availability. WORKINGDOCUMENT 40F43 e% ' " o tjr 2006.07 Five Year Cash Flow COPS S SLESF GRANT 2121213 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE: INFLOWS Revenues COPS/SLESF Interest TOTAL INFLOWS OUTFLOWS Transfers Out General Fund TOTAL OUTFLOWS AVAILABLE Fund BALANCE Resulcted /Reserve Funds ENDING Fund BALANCE 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12/31/O6 (Original) (Adjusted) 0 0 0 1,300 1,300 1,300 1,300 0 0 0 1,300 1,300 1,300 1,300 100,000 100,000 100,000 84 2,700 2,700 100,04 102,700 102,700 0 0 0 0 82,940 101,400 101,400 0 0 0 82,940 101,400 101,400 0 0 0 0 17,144 1,300 1,300 1,300 1,300 1,300 1,300 0 0 0 0 0 0 0 17,144 1,300 1,300 1,300 1,300 1,300 1,300 WORMINGDOCUMENT 5OF43 INDIAN GAMING 214 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Grant revenue Interest Interest TOTAL INFLOWS OUTFLOWS Expendilmms Program Expenses Transfers Out - General Fund Total Transfer:- CIP TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 200647 Fin Year Cash Flow 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12/31/06 (Od91na1) (Adjusted) 130,856 130.856 130,856 118,264 120,814 120,814 120,814 130,856 130,850 130,856 118,264 120,814 120,814 120,814 177,250 177,250 177,250 177,250 0 0 0 51650 8.500 81500 5,300 0 0 2,800 182,900 185,750 188,550 182,550 0 0 0 0 0 0 0 0 0 0 57138 201,142 201,142 180 000 0 0 0 57,138 201,142 201,142 180,000 0 0 0 57,138 201,142 201.142 180,000 0 0 0 256,619 115,464 118,264 120,814 120,814 120,814 120,814 0 0 0 0 0 0 0 256,619 115,464 118,264 120,814 120,814 120,814 120,814 WORWHIGIDOCUMENT 6OF43 2006-07 Five Year Cash Flow LIGHTING & LANDSCAPE 215 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Assessment Developer Interest TOTAL INFLOWS OUTFLOWS Reimbursements General Fund General Fund Transfers Out Capital Improvement Program Total CIP TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12/31/06 (Original) (Adjusted) 31,694 31,694 31,694 0 0 0 0 31,694 31,694 31,694 0 0 0 0 23,9W 890,900 890,900 867,500 893,600 920,300 947,900 0 0 0 0 0 0 0 0 23,906 890,900 890,900 867.500 893,500 920,300 947,900 445,450 890,900 890,900 867,6W 893,5W 920,300 947,900 0 31,694 0 0 0 0 0 0 0 0 0 0 0 0 0 445,450 890,900 922,594 867.500 893,500 920,300 947,900 (389,850) 31,694 0 0 0 0 0 0 0 0 0 0 0 0 389,860 31,694 0 1 0 0 0 0 Assumes 3% growth rate in new housing with no increase in the rate. WORKING DOCUMENT 7 OF 43 RCTC Beginning Fund Balance Advance From General Fund BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues RCTC Total Revenues Transfers In General Fund TOTAL INFLOWS OUTFLOWS Expenditures Contract/Miscellaneous Subtotal 216 Capital Improvement Program 1732 Miry 111 Street Improvements 1743 MHy 111 Improvements 1765 Phase III Hwy 111 Improvements 1755 Jefferson St Median Landscaping Total CIP Transfers Out General Fund Total Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds - General Fund ENDING Fund BALANCE 2006-07 Five Year Cash Flow 1 2 3 4 5 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12/31/06 (Original) (Adjusted) 0 0 0 0 400,000 900,000 1,564,534 0 (1,100,000) (1,564,535) (1,164,535) (664.535) (1) 0 0 1,100,000 1,564,535 400.000 900,000 1,564,634 1,564,535 46,832 0 2.374.007 400,000 500 000 664,534 0 46,832 0 2,374,007 400,000 500,000 664,534 0 0 0 0 0 0 0 0 46,832 0 2,374,007 400,000 500 000 664,534 0 0 0 0 0 0 0 0 0 0 0 0 0 0 28,993 46,832 1,578,824 321,000 445190 46,832 0 2,374,007 0 0 0 0 0 0 0 0 0 0 0 46,832 0 2 374 007 0 0 0 0 46,832 0 2,374,007 0 0 0 0 (0) 1,100,000 1,564,535 1,564,535 1,564,535 1.564,534 0 (1,100,000) L1,5:64,635 ,535) (1,164,535) (664,535) (1) 0 0 0 400,000 1 900.000 11,564,534 11,564,5M WORKINGDOCUMENT 80F43 n r'1 J i 2006-07 Five Year Cash Flow OEVAGRMNT 217 1 2 3 4 5 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Mligation Measures Interest Transfers In TOTAL INFLOWS OUTFLOWS Transfers Out Capital Improvement Program CIP Total CIP TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12/31/06 (Original) (Adjusted) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 WORKINGDOCUMENT 90F43 2006-07 Five Year Cash Flow CV Violent Crime Task Force 218 1 2 3 4 5 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Member Contributions - Carryover Member Contributions - Carryover Grand revenue - JAIB CLET Line Interest Total Revenues Transfers In Federal Assistance TOTAL INFLOWS OUTFLOWS Expenditures Operations Expenses Transfers Out Total CIP TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2006-07 2006-07 2007-08 2008-09 2009-10 2010.11 12/31/06 (Odginal) (Adjusted) 0 0 0 75,110 75,110 75,110 75,110 0 0 0 75,110 75,110 75,110 75,110 73,708 70,000 70,000 0 0 0 0 12,250 10,549 87,960 87,960 3,191 6,000 6,000 979 1,600 1 600 88,427 165,560 177 810 0 0 0 0 0 0 0 0 0 0 0 88,427 165,560 177,810 0 0 0 0 23,688 102,700 102,700 0 0 0 0 0 0 0 0 0 0 0 23.688 102.700 102.700 0 0 0 0 64,639 62,860 75,110 75,110 75,110 75,110 75,110 0 0 0 0 0 6 0 64,839 62,860 75,110 75,110 75,110 75,110 75,110 WORKINGDOCUMENT 10OF43 AB 939 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues AB 939 AB 939 Interest income Interest Income Total Revenues Transfers In General Fund TOTAL INFLOWS OUTFLOWS Expenditures ContractlMlscellaneau s Subtotal Capital Improvement Program 1723 SilverRock Total CIP Transfers Out General Fund Total Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds - General Fund ENDING Fund BALANCE 2006-07 Five Year Cash Flow 221 1 2 3 4 5 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12/31/06 (Original) (Adjusted) 1,187,931 1,187,931 1,187,931 1,599,747 1,599,747 1,599,747 1,599,747 1,187,931 1,187,931 1,187,931 1,599,747 1,599,747 1,599,747 1,599,747 99,205 0 450,000 24,081 0 0 0 0 50,000 123,286 0 500.000 0 0 0 0 0 0 0 0 0 0 0 123.286 0 500.000 0 0 0 0 49,679 0 79 430 0 0 0 0 49,679 0 79,430 0 0 0 0 8 754 0 0 8,754 0 0 0 0 0 0 0 0 0 0 0 0 0 8,754 0 0 0 0 49679 0 88184 0 0 0 0 1,261,638 1,187,931 1,599,747 1,599,747 1,599.747 1,599,747 1,599,747 0 0 0 0 0 0 0 1,261,538 1,187.931 1,599,747 1,599,747 1,599,747 1,599,747 1,599,747 WORKING DOCUMENT 11 OF 43 2006-07 Five Year Cash Flow QUIMBY 220 1 2 3 4 5 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Quimby fees Quimby fees Interest Transfers In Infrastructure TOTAL INFLOWS OUTFLOWS Transfers Out General Fund - Sports Complex Capital Improvement Program CIP 1694 18 Acre Park Site 1702 Library 1735 Sports ComplexlBoys 8 Girls Club Sports Complex Renovation Community Park Land Acquistion 1750 Fred Wattle Bear Creek Total CIP TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted (Reserve Funds ENDING Fund BALANCE 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12131/06 (Original) (Adjusted) 7,549,574 7,549,574 7,549,574 9,377,824 9,824,824 10,291,924 10,780,024 7,549,574 7,649,574 7,549,574 9,377,824 9,824,824 10,291.924 10,780,024 1,426.003 1,667,000 1,667,000 25,000 25,000 25.000 25,000 0 0 5,000 171,212 272,900 272,900 422,000 442,100 463,100 485,100 0 0 0 0 0 0 0 1,597,215 1,939,900 1,944,900 447,000 467100 488100 510,100 0 0 0 0 0 47,047 0 116,650 0 0 0 0 0 0 0 47,047 0 116,650 0 0 0 0 47,047 0 116,650 0 0 0 0 9,099,742 9,489,474 9,377,824 9.824,824 10,291,924 10,780,024 11,290,124 0 0 0 0 0 0 0 9,099,742 9,489,474 9,377,824 9,824,824 10,291,924 10,780,024 11,290124 WORKING DOCUMENT 12 OF 43 INFRASTRUCTURE Beginning Fund Balance Total Restricted/Reserve BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Infrastructure Interest Interest Transfers In TOTAL INFLOWS OUTFLOWS Expenditures Reimbursements Total Reimbursements Transfers Out Capital Improvement Program 1635 Washington St Storm Drain Improv 1726 Eisenhower Or Bridge 1733 Washington St Medians - Phase 2 1740 2003/04 Traffw Signal Improvements 1742 Simon Or Traffic Signal 1753 Calls Tamplu) Sidewalk & Drain Improv Total CIP Transfer to Transportation DIF Transfer to Library DIF Transfer to Fire DIF Total Transfer; TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2006-07 Five Year Cash Flow 225 1 2 3 4 5 0 0 0 2006-07 2006-07 2007-08 12/31/06 (Original) (Adjusted) 628,173 628,173 628,173 140,141 152,741 159,641 166,841 0 0 0 0 0 0 0 628,173 628,173 628,173 140.141 152,741 159,641 166,841 0 0 0 0 0 0 10,403 7,500 7,500 6,300 6,900 7,200 7,500 0 0 13,300 6,300 0 0 0 0 0 0 0 10,403 7,500 20,800 12,600 6,900 7,200 7,500 52,100 0 52,100 0 0 0 0 0 0 0 52,100 0 52,100 0 0 0 0 397,576 0 0 0 0 0 0 0 0 0 0 0 4,035 15,810 39,621 39,621 23,682 3 725 0 0 67,338 0 456,732 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 67,336 0 456,732 0 0 0 0 119,438 0 508.832 0 0 0 0 519,138 635,673 140,141 152,741 159,641 166.841 174,341 0 0 0 0 0 0 0 519,138 635,673 140,141 152,741 159,641 166,841 174,341 (1) Effective 8/16/99 the Infrastnicture Program was replaced by a developerfee program. No further revenues are collected after this date. WORKING DOCUMENT 13 OF 43 2006.07 Five Year Cash Flow VILLAGE PARKING 230 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Interest TOTAL INFLOWS OUTFLOWS Transfers Out - CIP 1673 Phase VI - A Village Commercial TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 20N-07 2006-07 2007-08 2008-09 2009-10 2010-11 12/31/06 (Original) (Adjusted) 0 0 0 1,893 1,993 2,093 2,193 0 0 0 1,893 1,993 2,093 2,193 0 0 0 100 100 100 100 0 0 0 100 100 100 100 (1,893) 0 0 0 0 0 0 1,893 0 0 0 0 0 0 1,893 1,993 2,093 2,193 2,293 0 0 0 0 0 0 0 9 0 1,893 1,993 2,093 2,193 2,293 WORKINGDOCUMENT 140F43 r 7 J , / 2006.07 Five Year Cash Flow SOUTH COAST AIR QUALITY 235 1 2 3 4 5 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues SCAQMD MSRC Grant Street Sweeping Grant Interest TOTAL INFLOWS OUTFLOWS Expenditures Operations Expenses Transfers Out Transfers Out - General Fund Total CIP TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE (1) Years 2 through 5 include a 3% escalation factor. 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12t31/06 (Original) (Adjusted) 177,969 177,969 177,969 203,769 228,436 254,669 282,569 177,969 177,969 177,969 203,769 228,436 254,669 282,569 23,030 46,000 45,000 46,400 47,800 49,200 50,700 0 0 0 0 3,652 7,400 7,400 9,200 10,300 11,500 12,700 26,682 52,400 52,400 55,600 58100 60700 63,400 5,086 26,600 26,600 30,933 31,867 32,800 33,800 0 0 0 0 0 0 0 0 0 0 0 5086 26,600 26600 30,933 31,867 32,800 338` 199,565 203,769 203,769 228,436 254,669 282,569 312.169 0 0 0 0 0 0 0 199,565 203,769 203,769 228,436 264,669 282,569 312,169 WORKING DOCUMENT 15 OF 43 21106-07 Fhre Year Cash Flow TRANSPORTATION Beglnning Fund Selance Advances from RDA 1 BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Transportation Interest Total Revenues Transfers In Infrastructure Park TOTAL INFLOWS OUTFLOWS Expendtiures Program Expenses Contribution Transfers Out -CIP 1710 Phase 2-Jefferson St 1723 SBverRock Ranch 1726 ElseNwxer Drive Bridge 1743 Hwy 111 Mlpmeemens (Adams leBarson) 1744 Traffic Sigel: Weelwa'd No 8 Dune Patrre Road 1745 Traffic Signal: Jefferson @ Avenue 63 1733 Washngton St Medians - Phase 2 1764 Ave 52 Bridge lmprov /,Spamin9 the All American Canal) 1765 Jefferson St Median Island Landscaping (Hwy 111 to No. City Lkel) 1756 Traffic Signal -Ave 47 and Adams 1757 Traffic Signal -Ave 50 and Orchard 1742 Traffic Signal - Washington St @ Simon Dr. 1762 Adams Street Bridge Design Traffic Sigma - Fred Waring @ Palm Royale Traffic Signal- Washington St @ Lake La Oukda Drive Traffic Signal -Desert Club Or @ Ave 62 Traffic Signal - Dune Palms @ Retail Carder Traffic Signal - Madison @ Avenue 52 Traffic Signal - Madison @ Avenue 54 Traffic Signal- Madson @ Avenue 5B Highway 111 Medan Island landscape Impmvmenls Ave 68 Street bnpravemerds Ave 60 Bridge Spanning the Evacuation Charnel Ave 56 Medan Island Landscaping (Monroe to.5 mile west of Mon 1763 Sound Attenuation Wall Total Transfers CIP Transfer a Pad DIF Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE Resbiced /Reserve Funds ENDING Fund BALANCE roe 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12f31/OB (Ongnal) (Adjusted) 6,769,484 6.769,484 6,769.484 1,559,481 589,481 1,712.181 2,885,381 0 0 0 0 0 0 0 6,769,484 6,769.484 6,769,484 1,559,481 689,481 1,712,181 2,885,381 758.178 1,096,200 1,096,200 1.096,200 1.0%,200 1.096,200 1,096,200 134,907 294,400 294,400 70,200 26,600 77,000 129,800 893,085 1.390,6W 1,390.6D0 1.166.400 1,122,700 1,173.200 1.226,000 0 0 0 0 0 0 0 893.085 1.390.600 1,390,600 1,166,400 1,122.700 1,173.200 1.226,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 400.134 1,149,780 0 0 0 39,912 901,881 166,572 47,101 85.504 7,288 133,840 100.9D9 1.898,876 2.082,004 5,192 225,930 1,056 212.429 5,533 43.655 87,5W 210,675 1.452 305,200 305,200 2,136,400 2,131 710,232 1,202,709 818678 2914307 6600603 2136400 0 0 0 816,678 0 0 0 0 0 0 0 816,678 2.914,307 6.600.003 2.136,400 0 0 0 816 ff 2916307 8600603 2136400 0 0 0 6,845.890 5,245,777 1.559,481 589,481 1.712,181 2,865.381 4,111,381 0 0 0 0 0 0 0 6,80.890 5,245,777 1.559,481 1 589,481 1,712AM 2,885,381 /111,381 WORKING DOCUMENT 16 OF 43 PARKS & RECREATION 251 200"7 Five Year Cash Flow 1 2 3 4 5 Bogkunig Fund Balance, Advances from RDA 1 BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Parks 8 Recreation Interest Total Revenues Transfers In Total Transfers TOTAL INFLOWS OUTFLOWS Expenftm Interest on Advance Interest on Advance Transfers Out - CIP 1679 Cove Oasis 1694 Phase 1-Commw* Park Development Transfers ON - CIP General Fund Transfers Out Total Transfers ON TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted fReserve Funds ENDING Fund BALANCE 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12f31106 (Original) (Adjusted) (2,260,152) (2,260,152) (2,260.152) (2,059,378) (1,612,478) (1,166,478) (720,478) (2,000,010) (2.080.010) (2.080.010) (41,600) (42.432) (43.281) (44,146) (180,142) (180,142) (180,142) (2,017,778) (1,570,046) (1,123,197) (676,332) 234,148 446,000 440,000 446,000 446,000 446,000 446.000 2.486 0 0 900 0 0 0 236,634 446.000 446,000 446,900 446,000 446,000 446.000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 236,634 446,000 446,000 446,900 446.000 446.000 446,000 55.970 0 0 0 0 0 0 120,000 0 125,226 0 0 0 0 0 0 0 0 125,226 . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 125,226 0 0 0 0 55,970 0 245,226 0 0 0 0 522 265.858 20,632 509,132 997,504 1,486,845 1.976,992 2080010 2080010 2080010 2121610 2164042 2207323 2251470 2,079,488 1,814,152 2,059,378 1,612,{78 1,166,478 720.478 274.478 WORKING DOCUMENT 17 OF 43 2006-07 Five Yew Cash Flow CIVIC CENTER 252 1 z 3 4 5 Beginning Fund Balance Advances Dom General bmd Reserve for Gnc Cerra Bonds Total RestricledlReserve BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Civic Center, merest Interest Total Revenues Transfers n TOTAL INFLOWS OUTFLOWS Expenditures Program Expenses Reimbursements General Fund Transfers Out 1725 Civic Cana Expansion -Design 8 Construction Total Transfers Out TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds - Debt Serge Bonds ENDING Fund BALANCE 2006-07 2006-07 2007-08 2008-09 2009.10 2010-11 12f31/06 (Original) (Adjusted) 2,310.900 2,310,906 2,310,906 (9,449,862) (9,396,616) (9,342,851) (9,286,335) 0 (8,000.000) (9,615,094) 0 0 0 101902 203732 203732 896 171 381 (826) 101,902 7 796 268 9 411 362 896 171 351 (826) 2,209.004 10,107,174 11.722.268 (9,448,966) (9,396,787) (9,342,500) (9,286,609) 158.496 256,000 256,000 266,000 266,000 256.000 256,000 42,680 0 0 0 700 3,100 5,700 0 0 85,000 201,175 266.000 341,000 256,000 256.700 259.100 261.700 0 0 0 0 0 0 0 201,175 256,000 341,000 256,000 256.700 259,100 261.700 0 0 0 0 0 0 0 101,830 203,660 203.660 202,764 202.936 202,684 201,758 456,564 0 11,898,096 0 0 0 0 456,564 0 11.898,098 0 0 0 0 658,394 203660 12101 758 202764 202935 202584 201,758 1,951,786 10,159,514 (38.490) 15,642 691236 126,103 186,871 101902 7796266 9411362 9412258 8412087 9412438 9413264 1,953687 2,363,246 IL449.8521 9.396616 9342.851 9.286,335 $226,393 WORKING DOCUMENT 180E 43 200807 Five Year Cash Flow LIBRARY DEVELOPMENT 253 1 2 3 4 5 Beginning Fund Balance Advances (m. RDA BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Library Develognent Interest Total Revemres Transfers In County Library DIF Transfers In City Library Fund Total transfers in TOTAL INFLOWS OUTFLOWS Expenditures Program Expenses Interest an Advance Inlmsat on Advance Transfers Out- CIP Toles Transfers -CIP Transfers ON Infrastructure Fund Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 200607 2006.07 2007-08 2008-09 2009-10 2010-11 12/31/06 (Ongmal) (AEju e0) (2124,399) (2,124,399) (2,124,399) (2,066.89% (1,889,399) (1,711,899) (1,534,399) (2,083,831) (2,083,831) (2,083,831) (40,568) (40,568) (40,588) (2.068.899) (1.889,399) (1,711,899) (1,534.399) 92,966 177,500 177,500 177,500 177,500 177,500 177,500 0 0 0 0 0 0 0 92,966 177,600 177,600 177,500 177,SW 177.500 177,500 0 0 0 0 0 0 0 92,966 177,500 1T7,5W 177,500 177,600 177,500 177.500 0 0 0 0 0 0 0 62,398 0 120,000 0 0 0 0 0 0 0 0 52,398 0 120,000 0 0 0 0 (0) 136,932 16,932 194.432 371,932 549,432 726,932 2 083 831 2 083 831 (2,083,831) (2 083 8311 (2,083,831) (2 083 831) (2,083,831 2,083,831 1,946,899 2.068,899 1,889,399 1,711,899 L,634 ,399 1,356.899 WORKING DOCUMENT 19 OF 43 JoAn. COMMUNITYCENTER 254 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Community Center Interest Total Revenues Transfers In TOTAL INFLOWS OUTFLOWS Expenditures Program Expenses Transfers Out Total Transfers Out TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 20M07 Five Year Cash Flow 1 2 3 4 5 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 '12131106 (Original) (Adjusted) 966,607 966,607 966,607 1,041,907 1.126,807 1,213,607 1,305,107 966,607 966,607 966,607 1,041,907 1,125,807 1,213,507 1,305,107 19,020 37,000 37,000 37,000 37,000 37,000 37,000 19,279 38,300 38300 46,900 50700 54600 58,700 38,299 75,300 75,300 83,900 87,700 91,600 95,700 0 0 0 0 0 0 0 38,299 75,300 75,300 83,900 87,700 91,600 96,700 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,004,906 1,041,907 1,041,907 1,125,807 1,213,507 1,305,107 1,400,807 0 0 0 0 0 0 0 1,004,9W 1,041,907 1,041,907 1,125,807 1,213,507 1,305,107 1,400,807 WORKING DOCUMENT 20 of 43 v rM 2006-07 Five Year Cash Flow STREET FACILITY 255 1 2 3 4 5 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Street Facility Interest Total Revenues Transfers In TOTAL INFLOWS OUTFLOWS Expenditures Program Expenses Transfers Out 1766 Maintenance Facility -design Total Transfers Out TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12/31/06 (Original) (Adjusted) 283,337 283,337 283,337 262,637 318,537 376,937 438,037 283,337 283,337 283,337 262,637 318,537 376,937 438,037 28,195 44,100 44,100 44,100 44,100 44,100 44,100 5,898 10,200 10,200 11 800 14,300 17,000 19,700 34.093 54,300 54,300 55,900 58,400 61,100 63,800 0 0 0 0 0 0 0 34,093 54,300 54,300 55,900 58,400 61,100 63,8W 0 0 0 0 0 0 0 345 75,000 75.000 345 75.000 75,000 0 0 0 0 345 75,000 75,000 0 0 0 0 317,085 262,637 262,637 318,537 376,937 438,037 501,837 0 0 0 0 0 0 0 317,085 262,637 1 262,637 1 318,537 376,937 438,037 501,837 WORKING DOCUMENT 21 of 43 J 3 A 2006.07 Five Year Cash Flow PARK FACILITY 256 1 2 3 4 5 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Park Facility Interest Total Revenues TOTAL INFLOWS OUTFLOWS Expenditures Program Expenses Transfers Out Total Transfers Out TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12/31/06 (Original) (Adjusted) 67,233 67,233 67,233 80,833 95,433 110,733 126,733 67,233 67,233 67,233 80,833 95,433 110,733 126,733 5,764 11,000 11,000 11,000 11,000 11,000 11,000 1,398 2,600 2.600 3.600 4,300 5,000 5,700 7,162 13,600 13,600 14,600 15,300 16,000 16,700 7,162 13,600 13,600 14.600 15,300 16,000 16,700 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 74,395 80,833 80,833 95,433 110.733 126,733 143,433 0 0 0 0 0 0 0 74,395 80,833 80,833 95,433 110,733 126,733 143,433 WORKINGDOCUMENT 22OF43 2006-07 Five Year Cash Flow FIRE PROTECTION FACILITY 257 Beginning Fund Balance Advances to Fire DIF BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Fire Tax Interest Total Revenues Transfer In - Infrastructure TOTAL INFLOWS OUTFLOWS Expenditures Interest Advances Interest Advances Transfers Out Total Transfers Out TOTAL OUTFLOWS AVAILABLE Fund BALANC E Restricted /Reserve Funds ENDING Fund BALANCE 2 3 4 5 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12/31/06 (Original) (Adjusted) (979,970) (979,970) (979,970) (955,470) (923,370) (891,270) (859,170) (968,645) (968,645) (968,645) 0 0 0 0 (11,325) (11,325) (11,325) (955,470) (923,370) (891,270) (859,170) 35,530 74,500 74,500 32,100 32,100 $2,100 32,100 0 0 0 0 0 0 0 35,530 74,500 74,500 32,100 32,100 32,100 32,100 0 0 0 0 0 35,530 74,500 74,500 32,100 32,100 32,100 32,100 24,205 0 0 0 0 0 0 50,000 24,205 0 50 000 0 0 0 0 0 63,175 13,175 45,275 77,375 109,475 141,575 (968,645) (968,645) (968,645) (968,645) (968,6451 (968,645) (968,645) 968,645 905,470 (955,470) 923.370 891,270 859.170 827,070 WORKING DOCUMENT 23 of 43 ARTS IN PUBLIC PLACES 270 Beginning Fund Balance Restricted for various projects Total RestrictedlReserve BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Developer fees Credits Applied Interest TOTAL INFLOWS OUTFLOWS Project Expenditures Civic Center Sculpture Civic Center Air Purchase Civic Center Air Base construction Fritz Bums Park Artwork Hwy 111 Future Artpiece Subtotal Capital Improvement Program Expenditures 1726 Eisenhower Drive Bridge 1754 Ave 52 Bridge Improvements 1762 Adams Street Bridge Subtotal TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2006-07 Five Year Cash Flow 1 2 3 4 5 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12/31/06 (Original) (Adjusted) 1,025,741 1,025,741 1,025,741 506,891 306,891 3061891 306,891 141792 141792 0 0 0 0 141792 0 141792 0 0 0 0 883,949 1,025,741 883,949 365,099 165,099 165,099 165,099 57,221 97,500 97,500 97,500 97,500 97,500 97,500 0 0 0 0 0 0 0 20,041 40,600 40,600 16,400 7,400 7,400 7,400 77,262 138,100 138.100 113,900 104,900 104,900 104,900 12,474 31,800 31,800 113,900 104,900 104,900 104,900 0 0 55,413 255,250 425,150 0 0 0 0 0 67,887 287,050 456,960 113,900 104,900 104,900 104.900 0 0 0 0 0 0 0 200,000 200,000 0 0 0 0 200,000 0 0 0 0 200,000 200,000 200,000 0 0 0 67887 487050 656950 313,900 104,900 104.900 104,900 893,324 676,791 365,099 165,099 165,099 165,099 165,099 141,792 0 141,792 141,792 141,792 141,792 141,792 1,035,116 676,791 606,891 306,891 306,891 306.891 306,891 WORKING DOCUMENT 24 OF 43 r v 3 37 2006-07 Five Year Cash Flow CAPITAL PROJECTS Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues CVAG CVWD County of Riverside STIP City of Indio DSUSD SB300 Funding RCTC SB821-Bicycle Path Grant State of California APP Conbtbution Litigation Settlement Developer Contribution Funding Developer Agreement Funding Total revenues Transfers In Art in Public Places Gas Tax General Fund Federal Assistance - CDBG Lighting & Landscape AB939 Quimby Infrastructure CMAQ-ISTEA Transportation DIF Park DIF Library DIF RDA PA2 Housing Fund RDA PAt Housing Fund Financing Authority RDA CIP 1 RDA CIP 2 Crime Task Force Village Parking Civic Center DIF Fire Tax Urban Forestry Grant RDA CIP 1 -Taxable Equipment Replacement RCTC 2004 Low Mod Project Fund Street Maintenance Library Total Transfers in by Fund TOTAL INFLOWS OUTFLOWS Expenditures CIP CIP Reimbursements General Fund TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12/31/06 (Original) (Adjusted) 0 0 0 0 0 0 0 0 0 0 0 0 1,209,347 0 15,851,492 0 0 0 0 0 0 848,479 0 0 0 0 0 0 0 0 0 0 0 0 0 1,674,430 8,545,600 0 0 0 79,390 0 2,625,942 0 0 0 0 79,390 0 82,656 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 25,099 0 0 0 0 203,067 1,541,800 25,598 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 786 566,215 0 0 0 0 1,571,980.00 1,541,800 21,699,911 8,545,600 0 0 0 0 200,000 200,000 200,000 0 0 0 169,436 0 584,837 0 0 0 0 975,803 1,501,459 1,686,664 223,454 223,454.00 223,454.00 223,454.00 0 172,588 424,745 0 0 0 0 0 0 0 0 0 0 0 0 - 8,754 47,047 0 116,650 0 0 0 0 67,338 0 456,732 0 0 0 0 0 0 0 0 0 0 0 816,678 2,914,307 6,600,603 2,136,400 0 0 0 0 0 125,226 0 0 0 0 0 0 0 0 0 0 0 8,247 0 588,455 0 0 0 0 0 0 0 0 0 0 0 0 0 7,273 0 0 0 0 3,459,582 4,142,554 20,400,946 85,000 85,000 85,000 85,000 45,379 0 193,235 0 0 0 0 0 0 0 0 0 0 0 0 0 (1,893) 0 0 0 0 456,564 0 11,898,098 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (42,807) 0 0 0 0 0 0 657,000 0 0 0 0 46,832 0 2,374,007 0 0 0 0 4,483,091 0 53,091,795 0 0 0 0 345 75,000 75,000 0 0 - - 0 0 2,700,000 0 0 - 10,576,342 9,005,908 102,144,220 2,644,854 308,454 308,454 308,454 12,148322 10547708 123,844131 11190,454 308,454 308.454 308,454 12,033,799 10,161,501 122,464,872 10,643,854 305,954 305,954 305,954 0 114,523.45 386,207 1,379,259 546,600 2,500 2,500 2,500 12148322.00 10.547.708 123,844,131 1 11,190454 308,454 308,454 308,454 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 WORKING DOCUMENT �50F 43a� 2006-07 Five Year Cash Flow EQUIPMENT REPLACEMENT 501 1 2 3 4 5 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Maintenance Charges Capital Contribution Sale of Equipment Sale of Equipment Interest Subtotal Transfers In TOTAL INFLOWS OUTFLOWS Expenditures Operations Expenses Capital Expenses Transfers Out Capital Improvement Program 1725 City Hall Expansion TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12/31/06 (Original) (Adjusted) 2,869,935 2,869,935 2,869,935 2,232,927 2,233,427 2,208,927 2,178,327 2,869,935 2,869,936 2,869,935 2,232,927 2,233,427 2,208,927 2,178,327 486,999 487,000 487,000 216.225 303,909 320,436 336,458 0 12,400 0 0 0 12,400 65,043 129,500 129.500 100.500 100,500 99,400 98 000 564,442 616,500 628.900 316 725 404,409 419,836 434,458 564,442 616,500 628.900 316 725 404,409 419,836 434,458 127,431 598,908 608,908 216,225 303,909 320,436 336,458 0 0 0 100,000 125,000 130,000 130,000 0 0 667,000 0 0 0 0 127,431 598,908 1,265,908 316,225 428 909 450,436 466,458 3,306,946 2,887,527 2,232,927 2,233,427 2,208,927 2,178,327 2,146,327 0 0 0 0 0 0 0 3,306,946 2,887,527 2,232,927 2,233,427 2,208,927 2,178,327 2,146,327 WORKING DOCUMENT 26 OF 43 2006-07 Five Year Cash Flow INFORMATION TECHNOLOGY 502 1 2 3 4 5 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Charges for services Capital Contribution Sale of Fixed Assets Interest Subtotal Transfers In General Fund TOTAL INFLOWS OUTFLOWS Expenditures Operations Expenses Operations Expenses Capital Expenses TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12/31/06 (Onginal) (Adjusted) 744,619 744,619 744,619 468,019 482,119 496,819 612,219 744,619 744,619 744,619 468,019 482,119 496,819 512,219 373,500 373,500 373,500 216,225 303,909 320,436 336,458 0 0 0 0 21,319 37,700 37700 21,100 21,700 22,400 23,000 394,819 411,200 411.200 237,325 325,609 342836 359,458 0 0 0 394,819 411200 411,200 237,325 325,609 342,836 359,458 99,964 451,212 681,800 216,225 303,909 320,436 336,458 0 0 6,000 0 0 0 7,000 7,000 7,000 7,000 99,964 451,212 687,800 223,225 310,909 327,436 343,458 1,039,474 704,607 468,019 482,119 496,819 512,219 528,219 0 0 0 0 0 0 0 1,039,474 704,607 468,019 482,119 496,819 512,219 528,219 WORKING DOCUMENT 27 OF 43 -90 PARK EQUIPMENT 8. FACILITY MAINT 503 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Charges for services Capital Contdbuecn Sale of Fixed Assets Interest Interest Subtotal Transfere In Gerwral Fund TOTAL INFLOWS OUTFLOWS Expenditures Operaacns Expenses Capdel Expenses TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2008-07 Fire You Cash Flow 2000-07 2D06-07 2007-08 2008-09 2009-10 2010-11 12/31/06 (Original) (Adjusted) 521,616 521.616 521,616 906.338 1,127,138 1,357,838 1,598,938 $21.616 521,616 521,616 906,338 1.127,138 1,357,838 1,598,938 350.722 350,722 350,722 250,000 250,000 250.000 250,000 0 0 0 17,185 23.000 23,000 40,800 50,700 61,100 72,000 0 0 11 000 367,907 373,722 384.722 290 800 W0 700 311,100 322,000 0 0 0 367907 373,722 384,722 290 800 300,700 311,100 322,000 0 0 20,000 20,000 20,000 20,000 0 0 0 50,000 50,000 50,000 50,000 0 0 0 ]0 000 70,000 70,000 70,000 889,523 895,338 906,338 1,127,138 1.357,838 1,598,938 1,850,938 0 0 0 0 0 0 0 889,523 895.338 906,338 1,127,138 1,357.838 1598.938 1,850938 WORKING DOCUMENT 280E 43 SILVERROCK OPERATIONS Beginning Fund Balance Advances from General hind - Pnncipal Advances from General fund - Interest Total Res ricted/Reserve BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Goff Course revenues Interest Transfers In TOTAL INFLOWS OUTFLOWS Expenses Goff course expenses Golf course expenses Reimbursements Total Reimbursements Transfers Out Total CIP SilverRock reserve Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE Projections for FV 20071W and beyond have not been Performed 2006-07 Five Year Cash Flow 6n1 1 2 3 4 5 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12131M (Original) (Adjusted) (2,069,868) (2,069,668) (2,069,868) (2,872,486) (2,872,486) (2,872,486) (2,872,486) (1,389.600) (1.563.011) 0 0 0 0 0 0 1389.600 1,563011 0 0 0 0 (2,069,868) (680,266) (506,857) (1,309,475) (1,309,475) (1,309,475) (1,309.475) 099,023 3.389,899 3,389,899 0 0 0 0 0 0 0 0 0 37,211 0 37,211 0 0 0 0 0 0 0 0 0 0 0 936,234 3,389,899 3 427 110 0 0 0 0 1,805,305 4,027,602 4,157,302 0 0 0 0 0 5,000 0 0 0 0 0 0 1,805.305 4,027,602 4.162,302 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 67426 67,426 0 67,426 67,426 0 0 0 0 1,805,305 4095,028 4,229728 0 0 0 0 (2,938,939) (1,385,397) (1,309,475) (1,309,475) (1,309,475) (1,309,475) (1,309,475) 0 1 389 600 (1,563,011) (1,563,011) 1 563 011 1 563 011 1 563 011 (2,938,939) 2,774,99T) (2,872,486) 2,872,486 (2,872,486) (2,872,486) 2,872,486 WORKING DOCUMENT 29 of 43 SILVERROCK RESORT RESERVE Beginning Fund Balance Advances from General fiord Total Restricted62eserve BEGINNING AVAILABLE Fund BALANCE INFLOWS Interest Interest Transfers In TOTAL INFLOWS OUTFLOWS Expenses Goff course expenses Ralmbursements Total Reimbursements Transfers Out SilverRock Total CIP Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve FUn1s ENDING Fund BALANCE Projections for FY 2007/08 and beyond have not been performed 2006-07 Five Year Cash Flow nA9 9 3 4 6 2006-07 2006 77 2007-08 2008-09 2009-10 2010.11 12/31/06 (Original) (Adjusted) 68,702 68,702 68,702 100.117 100,117 100.117 100,117 0 0 0 0 0 0 0 0 0 0 0 0 0 68,702 68,702 68,702 100,117 100,117 100,117 100.117 623 0 0 1,200 67,426 67,426 0 0 0 0 623 67,426 68,626 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 37,211 37,211 37,211 0 37,21l 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 37,211 0 37,211 0 0 0 0 37211 0 37211 0 0 0 0 32,114 136.128 100,117 100.117 100.117 100,117 100,117 0 0 0 0 0 0 0 32,114 136.128 100,117 100,117 100,117 100,117 100,117 WORKING DOCUMENT 30 OF 43 2006A7 Five Year Cash Flow POLICE & FIRE SURVIVORS Fund 702 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Interest Interest Total Revenues Transfers In General Fund TOTAL INFLOWS OUTFLOWS Expenditures Contributions TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12/31/06 (Original) (Adjusted) 12,990 12,990 12,9% 13,590 14,190 14,790 15,490 12,990 12,990 12,990 13,590 14,190 14,790 15,490 295 300 300 600 600 700 700 0 0 300 295 300 600 600 600 700 700 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,295 2,300 2,600 2,6W 2,600 2,700 2,700 2,000 2,000 2,000 2,000 2,000 2,000 0 2,000 2 0O0 2,000 2,000 2,000 2,000 15,286 13,290 13,590 14,190 14,790 15,490 16,190 0 0 0 0 0 0 0 15,285 13,290 13,590 14,190 14,790 15,490 16,190 WORKINGDOCUMENT 31OF43 L J 9,41 2006-07 Five Year Cash Flow FINANCE AUTHORITY -DEBT SERVICE 310 1 2 3 4 5 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Rental Income Contracwal Service fees Interest Interest Total Revenues Transfers In Financing Authority Capital Projects RDA Debt service 1 RDA Debt service 2 TOTAL INFLOWS OUTFLOWS Expenditures Contrect/Miscellareec us Debt Service 96 Series TAB P81 2004 Financing Authority Interest Subtotal Expenditures Transfers Out Total Transfers Out TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12/31/06 (Original) (Adjusted) 3,591 3,591 3,691 10,840 14,490 7,678 1,015 3,591 3,591 3,591 10,840 14,490 7,678 1,015 516245 678,865 678,865 676,880 676,450 675,280 672,525 0 15,000 15,000 15,000 15,000 15,000 15,000 10 0 0 0 0 0 0 0 0 100 516,255 693,865 693,965 690,880 691,450 690,280 687,525 0 0 7,273 2,500,931 3,968,515 3,968,515 3,970,960 3.966,396 3,961,932 3,963,138 1,231,802 1,954,642 1,954,642 1,955,646 1,953,598 1,951,399 1,951993 3,732,733 5.923,157 5,930,430 6,926.806 5,919,994 5,913,331 5,915,131 4,248,988 6,617 022 6,624,395 6,617,686 6,611, 444 6,603,611 6,602,656 10,054 15,125 15,125 15,000 15,000 15,000 15,000 516,245 678,865 678,865 676,880 676,450 675,280 672,525 3,732,978 5,923,156 5.923.156 5 923 156 5 926 806 5,919,994 6,91 331 4,259,277 6,617,146 6,617,146 6,614,036 6.618.256 6,610,274 6,600,856 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4,259,277 6,617,146 6.617.146 6,614,036 6,618,256 6,610,274 6,600,856 (6,698) 3,467 10,840 14,490 1 7,678 1,015 2,815 0 0 0 0 0 0 0 (6,6981 3,467 10,840 1 14,490 7,678 1,015 2,815 WORHINGDOCUMENT 32OF43 FINANCE AUTHORITY- CAPITAL PROJECTS 420 Beginning Fund Balance BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Interest Total Revenues Transfers In TOTAL INFLOWS OUTFLOWS Expenditures Bond issuance costs Subtotal Expenditures Transfers Out Finance Authority Debt service Total Transfers Out TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2006-07 Five Year Cash Flow 1 2 3 4 5 12I31/06 7,273 7,273 0 2006-07 (Onginal) 7,273 7,273 0 2006-07 (Adjusted) 7,273 7,273 0 2007-08 0 0 0 2008-09 0 0 0 2009-10 0 0 0 2010-11 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7,273 0 0 0 0 0 0 7,273 0 0 0 0 0 0 7.273 0 0 0 0 7,273 0 7,273 0 0 0 0 0 0 0 0 0 0 0 7,273 7,273 0 0 0 0 0 WORKING DOCUMENT 33OF 43 v'. J PROJECT AREA NO.1 - HOUSING 245 Beginning Fund Balance Restricted: 1/2 Total Planning 8 Development Restricted: Sept Payment on 94 TAB's Restricted: Sept Payment on 2004 Fin Authority Bonds Total Restricted/Reserve BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Tax Increment Tax Increment LO Rental Program Interest Interest Home Sale Proceeds Rehabilitation loan Repayments Sale of Land Sewer Subsidy Reimbursements Sewer Subsidy Reimbursenpnts 2nd Trust Deed Repayment 2nd Trust Deed Repayment Miscellaneous Total Revenues Transfers In Debt Service 1 - PA 1 Debt Service i - EIZAF TOTAL INFLOWS OUTFLOWS Expenditures Contract/Miscellaneous Building Horizons Lq Rental Program 2Nd Tout Deed Program Lqrp-Rehabilitation Foreclosure Subtotal Reimbursements General Fund Subtotal Expenditures Transfers Out 1737 Vista Dunes Mobile Home Park PA 1 Debt Service - 94 TABs - 18.5% PA i Debt Service - 2004 Financing Authority Total Transfers Out TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 66.67% 200607 Five Year Cash Flow 1 2 3 4 5 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12/31/06 (Original) (Adjusted) 14,801,733 14,801,733 14,801,733 12,309,021 17,285,019 22,795,667 28,874,062 156,863 428,954 428,954 5,607 5,775 5,948 6,127 395,214 395,214 395,214 11,261 11,376 12,381 13,320 2.488.664 0 2.488.664 18.134 14,300 17,825 24,400 3,040,741 824,168 3,312,832 35,002 31,451 36,154 43,847 11,760,992 13,977,665 11,488,901 12,274,020 17,253,568 22,759,513 28,830,216 361,910 8,915,100 8,915,100 9,123,457 9,397,161 9,679,075 9,969,448 0 0 1,434,100 1,477,123 1,521,437 1.567,080 1,614,092 120,574 252,000 252,000 332,000 323,000 314,000 305,000 228,418 333,300 333,300 404,800 627,2D0 873,700 1,145.600 0 0 109,000 311,092 150.000 480,000 150,000 150,000 150,000 150,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 15,113 0 0 0 0 0 0 0 0 50,000 626,166 0 0 0 0 0 0 0 0 1,000,000 82 0 0 0 0 0 0 1,663,356 9,650,400 12,673,500 11,487,380 12,018,798 12,583,855 13,184,140 100,000 140,000 0 0 0 0 0 1,763,356 9,650,400 12 713 500 1 i 487 380 12,018,798 12 583 855 13,184,140 71.664 373,781 373.781 384,994 396,544 408,440 420,693 0 250,000 250,000 210,000 210,000 210,000 210,000 128,187 200,000 200,000 332,000 323,000 314,000 3051000 0 500,000 500,000 500,000 500,000 600,000 500,000 112,029 7,000,000 8,800,000 0 0 0 0 0 150,000 150,000 150,000 150,000 150,000 150 000 311,880 8,473,781 10,273,781 1,576,994 1,679,544 1,682,440 1,585,693 OREFI 242,063 484,127 484,127 484,127 484,127 484,127 484,127 553,943 8,957,908 10,757,908 2,061,121 2,063,671 2,066,567 2,069,820 0 0 0 0 0 0 0 395,214 479,789 479,789 479,301 478,083 476,960 475,795 2.500.931 3,968,515 3.968.515 3.970.960 3,966,396 3,961,932 3,963,138 2,896,145 4,448,304 4,448,304 4.450,261 4.444,479 4,438,892 4.438,933 3,450,088 13,406,212 15,206,212 6,511,382 6,508,150 6 505 459 6,508,753 10,074,260 10,221,753 8,996,189 13,937,186 19.416,382 25,45B,624 32,D90,165 3,040,741 824,168 3,312,832 3,347,834 3,379,295 3,415,439 3,459,285 13,116,001 11,045,921 12,309,021 17,285,019 22,795,667 28,874,062 35,549,450 WORKING DOCUMENT 34 OF 43 PROJECT AREA NO.1 - DEBT SERVICE 301 200647 Five Year Cash Flow 4 d 5 Beginning Fund Balance Advances from General Fund - Principal Restricted: Sept Payment on 94 TAB§ Restricted- Sept Payment on 98 TABs Restricted Sept Payment on 2001 TAB§ Restricted: Sept Payment on 2002 TABS Restricted: Sept Payment on 2003 Taxable TAB's Restncted. December Payment to CVIISD Total ResblctedlReserve BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Tax lncrenent Tax Incrernent Interest Interest Total Revenues Transfers In RDA PA 1 Housing RDA PA 1 Capital Projects -County Pass Through RDA PA 1 Capital Projects - ERAF TOTAL INFLOWS OUTFLOWS Expenditures Contract/Miscellaneous CordracflMismIla emus Debt Service 94 Series TAB P81 98 Series TAB P81 2001 Series TAB PAI 2002 Series TAB PM 2003 Series TAB Pat CVUSD County of Rwxside Subtotal Debt Service Pass Through Payments City of La Quints County Schools County Schools Cv Park 8 Recreabon Public Cametary Public Cemetery Resource Cw atMn Resource Conservation CVWD CVWD CV Mosquito Abatement CV MosquRo Abatenant DSUSD Rve side County RWerside County ERAF Loan Repayment Subtotal Pass Through Payments Interest on Oty loan Subtotal Expenditures Transfers Out RDA PA 1 Capital RDA PA 1 Capital RDA PA 1 Low/Mod Housing 2004 Finance Authonq, Debt seMce TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted tReserve Funds ENDING Fund BALANCE 2006-07 2006-07 2007-08 2008-09 2009-10 201041 12J31106 (Onginal) (Adjusted) 9,549,904 9,549,904 9,549,904 17,413,222 4,174,662 116135,042 4,315,209 (12,000.000) (12.000,000) (12.000.000) 0 0 0 0 2,136,293 2,136,293 2,136.293 60.870 61,490 66,927 72.000 409,760 409,760 409,760 0 0 0 0 1,215,360 1,215.360 1.215.360 0 0 0 0 1.537,671 1,537,671 1.537.671 6,750 10,775 14,522 8,120 1.208,509 1,208,509 1,208,509 11,096 11,172 4,748 17,056 373.985 373.985 373.985 7.479 7,630 7,781 7 938 (5,118.422) (5,118,422) (5,118,422) 56,195 91,067 93.978 105,114 14,668,326 14,668,326 14,668,326 17,327,027 4.083,595 16,041,064 4.210.095 1,447.642 35.430,900 35.430.900 36,493.827 37,588,642 38,716,301 39.877.790 0 0 5,965,900 6,144,877 6,329.223 6,519,100 6,714,673 325,274 93.100 93,100 783,600 187.900 726,100 194,200 0 0 460,000 1.772,916 35,524,000 41,949,900 43,422,304 44.105,765 45,961,501 46,786,663 2.896.145 4.448,304 4,448,304 4,450,261 4,444,479 4,438,892 4,438,933 2,896,145 4448 304 4,448,304 4,450,261 4444 479 4,438,892 4,438,933 4,669,061 39,972,304 46,398,204 47,872,5W 48 550 244 50,400,393 51,225,596 12,020 457,300 457.300 394,585 229,676 238,449 247.525 209,000 12 020 457300 657,300 394,585 229,676 238,449 247,525 2,136.292 2,593,455 2,693,455 2,599.465 2,599,465 2,612,140 2,597,700 409,760 819.520 $19,620 819.520 819,520 819.520 819.520 1,215,360 2,430.720 2.430,720 2,430,720 2,430,720 2,430,720 2,430.720 1,537,671 2,467,091 2,467,091 2,470,825 2,470.131 2,467.361 2,467,091 1.208,509 1,988,114 1,988,114 1.992.458 1,990,604 1,988.114 1,989,882 755,449 762.855 762,855 711,876 726.114 740.636 755,449 100,000 100,000 150,000 200 000 200,000 200,000 7,263.041 11,161,755 11,161,755 11,174.864 11,236,554 11.258,491 11,260,362 5.559 11,229 17,012 $3,110 85,603 88,171 90,817 93,541 13,994 14,414 14,11" 15,292 15.751 2,116 4,275 6,476 6,841 7,046 7,258 7,475 7,700 1,152 1,186 1,222 1.259 1.296 605 829 854 890 906 136 140 1" 148 153 0 728,015 728,015 749,855 772,361 795,522 819.387 122,584 126,262 130,049 133,951 137.969 0 504,756 504,756 619,899 535.496 551,561 568,107 84,991 87,541 90.167 92,872 95,659 0 0 0 0 0 0 353,679 15.013,020 15.013,020 15,463,411 15,927.313 16,405.132 16.897.286 2,527,911 2,603,70 2.681,861 2,762,311 2,845,187 0 0 0 0 0 353,679 16,245,791 19.087.316 19.550,716 20,137.238 20,741,355 21.363.5% 570,000 1,020,000 1,020.000 1,020.000 1,020,000 1,020,000 1,020,000 8.138.740 28,884.846 31,926,371 32,M.165 32.623.468 33,258,295 33,891,483 0 2,500.000 2,500.D00 25,000,000 0 25,000,000 0 0 0 (2,500,000) 0 0 0 0 100,000 140,000 0 2500931 3968515 3968515 3970960 3966396 3961932 3963138 2,600,931 6,468.515 6608515 28,970,960 3.966.396 28,961,932 3.963.138 10,739,671 35,353,361 38 534 886 61,111,125 36,589,864 62,220,227 37,854,621 8,597,716 19,287,269 22,531,644 9,206,889 21,076,202 9,162.391 22,428,252 5118 422 5118 422 5118 422 5 032 227 4 941 160 (4,647,1112) 4 742 068 3.479,294 14,168,847 17,413,222 4,174,662 16,135,042 4.315,209 17,686.184 WORKING DOCUMENT 35 OF 43 "9V 2006-07 Five Tear cash Flow 0 3 4 5 PROJECT AREA NO. 1- CAPITAL PROJECTS Beginning Fund Balance Advances to Pak DIF Advances to Library DIF Total ResOwiedReserve 1 AVAILABLE Fund BALANCE INFLOWS Revenues Pooled Interest Pooled Internet Non Allocated Internet Non Allocated lnlaresl Rental Income Proceeds from sale of Land Proceeds tram Bond issue Libl,"on proceeds Transfers In AD 2000-1 PA 1 Debt Service PA 1 Debt Service TOTAL INFLOWS OUTFLOWS Expenditures Contract Sery oniso AdwNsinorEc,monsic Dann o m t Sevier Subsidy Proram g Bond Bona issuance Costa Lana Acaustlun Capital - Building Subtotal Reimbun amends General Fund Transfers Out Capital improvement Program 1644 WashhgtoM40 interchange 1651 SidewalW-Various Locations 1652 Hadicap Ramps 1673 Phase WA Village Commercial Ion Cove Oaas/Lake Cahu la 1705 Museum Expansion 1705 Museum Expansion 1723 SlNedtock Resort 1735 Spons Complex lmprowxnents 1744 Traffic Signamesonwo rib 8 Dune Palms 1726 Eisenhower or Badge 1748 Village RcuM Abdul 1764 Ave 52 Median Len lecape Improvements 176E SIverRock Resort Phase ll Silveniock Resat Phase II Golf Course -Con Sllvedtack Resat ClubhglsoConsbuctien SlvarRock Resort Phase II Infrasbuclum SOverRock Resat Phase II Erdry Feature/it Vil age Sgnsge program Cale Fstado/La Fonda Wbbck Crossing Corporate Yard -Construction Phase Ave 50 Badge Imgovanenls 1769 Ave 54 Median lardscaPS Improvements Total CIP Transfer to Other Funds Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE Resmaed Reserve Funds -Advances to Park DIF Restricted /Reserve Funds -Advances W Library DIF ENDING Fund BALANCE 2008-07 200607 2007-08 2008-09 2009-10 2070-11 12131/O6 (OriginaQ (Adluslad) 25.084,934 25.084,934 25,084,934 5,005,842 29,620,726 34,234.110 65,006,694 2,080,010 2,080,010 2,080,010 41,600 42,432 43.281 44,148 2,083,831 2.083.831 2.083.831 41 677 42,11 43 360 4411 4163 841 4163 841 4163 841 83 2T7 Bd 942 86 "1 88 374 20,921.093 20,921,M 20,921.093 4,922.565 29,535.764 34.147.469 64,918,320 97,578 12,500 12,500 37,900 1,141,8W I.W.600 2,726.5D0 0 a 187,000 498,957 500,000 600,000 0 0 500,000 0 0 3,899.800 4,850,000 1,728.000 0 0 0 0 0 0 0 0 0 0 2,500,000 2,500,000 25,000,000 25,000.000 0 0 (2,500,000) 0 0 0 0 696534 3012500 1199500 1 25037900 5036400 311956W 4452500 314,110 546,610 664.630 125,000 125,000 125.000 125,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 314,110 546,610 664.630 125,000 125,000 125,000 125,000 106,508 213,016 213,016 213,016 213.016 213,016 213,016 50.000 50,000 50,000 50,000 50.000 50,000 S0,000 25,000 98,144 25,000 25,000 25,000 25,000 42,887 10,000 10,000 10,000 10.000 0 (4,865) 0 0 0 0 0 0 0 0 0 0 60,767 2,500,000 2,602,202 0 0 0 0 (2,700,000) a 0 0 0 2,368,179 0 15,T70.469 0 0 0 0 13,545 0 g4,439 0 0 0 0 IW.163 0 10,163 0 0 0 0 745.345 0 699,787 0 0 0 0 11,104 261,412 172,588 0 0 0 0 653 W5.000 W5,000 0 0 0 0 45,434 2,106,000 0 0 0 0 st.wtion lads 1,392 701,142 701,142 0 0 0 0 3A59,SB2 4,142,554 20,400.946 85.000 85,000 85,000 85,000 0 0 0 0 0 0 0 3,459,582 4,142,554 65,000 85 im 85000 85 000 3880200 4902180 423016 423016 41- 423016 17,637.427 19,031,41325,373,W8 F2,08O,010 29,902,050 %W7,993 64,529,103 2,080,010 2,080,010 2.121,610 2,164,042 2,207,323 2.251,470 2,083.831 2,083,831 2,125,508 2,168,016 2,211,378 2,255,606 21,801,268 23,195,254 29.620.726 34,234,110 65,006,694 19,036.178 WORIONO DOCUMENT 3601743 PROJECT AREA NO.1 - CAPITAL PROJECTS -TAXABLE Beginning Fund Balance Total Restrcled/Raserve BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Interest Rental Income Proceeds from bonds Proceeds Imam Bond Issue Lfiga ion proceeds Transfers In PA 1 Debt Service TOTAL INFLOWS OUTFLOWS EVenditures Bond Issuance Costs Subtotal Transfers Out Capital Improvement Program 1723 SllverRock Ramm Total CIP Transfer to Debi Service 1 Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 200647 Five Yew Cash Flow 1 3 4 5 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12/3l/06 (Onginal) (Adjusted) 0 0 0 42,807 42,807 42,807 42.807 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 42.807 42,807 42,807 42,807 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 (42,807) 0 0 0 0 0 0 (42,807) 0 0 0 0 0 0 0 0 0 0 0 0 0 42 807 0 0 0 0 0 0 142.807) 0 0 0 0 0 0 42.807 42,807 42,807 42,507 42,807 0 0 0 0 0 0 0 0 0 42,807 42,807 42.807 42,807 42,807 WORKING DOCUMENT 37 OF 43 400 2006-07 Five Year Cash Flow i 2 3 4 5 PROJECT AREA NO. 2-HOUSING 246 Beginning Fund Balance ERAF Principal Repayment Restricted: 1/2 Total Planning & Development Sale of Land Restricted: Sept Payment on 2004 Fin Authority Bonc Total RestactedlReserve BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Tax Increment Tax Increment Pmceeds from sale of balls Developer funding Interest Idemt 2nd Trust Deed Repayment 2nd Trust Deed Repayment Vista Dunes MHP Rental Rev Sale of land Total Revenues Transfers In Low Moderate Housing Bond Fund TOTAL INFLOWS OUTFLOWS Expenditures ContractlMiscellansous Watercolors 2nd Trust deeds Foreclosure AcqulsAon Submtal Reimbursements General Fund Subtotal Expenditures Transfers Out Capital Improvement Program 1737 Vista Dunes Mobile Home Park 1759 Dune Palms Relocation Total CIP PA 2 Dent Service - 2004 Law Mod Housing Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted 02eserve Funds ENDING Fund BALANCE 33.33% 2006-07 3006-07 2007-08 200" 2009-10 2010-11 12131/06 (Original) (Adjusted) 12,121,149 12,121,149 12,121,149 22,921,221 26,372,663 30,133,330 34,227,720 45,828 163,506 163,506 137,167 5,052 5,204 5,360 12,641,903 1.244314 0 1 244 314 9,066 7 150 8,913 12.200 1,290,142 163,506 14.049.723 146.233 12,202 14117 17,5W 10,831,007 11,957,644 (1,928,574) 22,774,988 26,360,460 30,119,213 34,210,160 218,244 4,870,400 4,870,400 5,062,090 5,213,952 5,370,371 5,531,482 0 0 531,400 $47,342 563,762 580,675 598,095 0 0 0 0 0 0 0 220,076 275,300 275,300 399,2D0 548,0D0 716,600 900,200 0 0 165,700 59,409 0 0 0 0 0 0 0 0 100.000 0 0 0 0 0 12,641,903 497,729 5,145,700 18,584,703 6,008,632 6,325,714 6.667,646 7,029,T77 497,729 5,145,700 18.584.703 6.008.632 6 325 714 6,667,646 7,029,777 91,656 327,011 327,011 336,821 346.926 357.334 368,064 0 4,500,000 0 150,000 150,000 91,656 477,011 4,977,011 336,821 346.926 357,334 368,054 132.261 264,523 264,523 264,523 264,523 264,523 264,523 223,917 741,534 5,241,534 601,344 611.449 621,B57 632,577 0 0 0 8,247 0 588,455 8,247 0 588,455 0 0 0 0 1.231.803 1.954.642 1,954,642 1,955,846 1 953 598 1,951,399 1,951,993 1,231.803 1,954,642 1,954,642 1,955,946 1,953,698 1,951,399 1,951,993 1,240,050 1,954.642 2,543,097 1,955,846 1,953,598 1,951,399 1,951,993 1,463,966 2,696,176 7.784.631 2.557.190 2,565,047 2,573,256 2,584,570 9,864,770 14,407,168 8.871,499 12,176,708 15,925,172 20,005,446 24,433,D94 1,290,142 163,506 14,049,723 14,195,955 14,208,157 14,222,274 14.239,834 11,164,912 14,570,673 22.921.221 26,372,663 30,133,330 34,227,720 38,672,928 WORKING DOCUMENT 38 OF 43 401 PROJECT AREANO. 2. 2004 LOW MODINOUSING 248 B%aning Fund Balance INFLOWS Revenues Interest Interest Total Revenum Transfers h Low Modenale Housing Bond Fund TOTAL INFLOWS OUTFLOWS Expendduras Housing Laid Subtotal Tnnslers Out Capital Lnpmemanl Program 1737 Vista Dunes Mabee Home Park 1760 Dune Palms B Ave 48 Housing 1759 Duna Paints Road Development Total CIP TOTAL OUTFLOWS ENDING Fund BALANCE 2006W Five Yea Cash Flow 2006-07 2006-07 2007-08 2006-09 2009-10 2010-11 12/31/06 (Orgmal) (Adjusted) 56,846,921 56,846,921 66,846,921 272,126 2M,126 272,126 27$126 1.467,723 2,000,000 2,000.000 0 0 B00000 1,467,723 2,000.000 2,8W,000 0 0 0 0 1,467,n3 2,000,000 2 800000 0 0 0 0 1161,000 5,283,000 0 3,500,000 0 861,000 3,500,000 6,283.000 0 0 0 0 3,859,167 23,169,163 602,119 29,780,562 21,805 142045 4,483,091 0 53,091,795 0 0 0 0 6344091 3500000 59374795 0 0 0 0 52970553 55,346921 272,128 272,125 272.126 272,126 2R126 WORKING DOCUMENT 390E 43 v.: 4102 PROJECT AREA NO.2 - DEBT SERVICE Beginning Fund Balance Advances from General Fund - Principal Restricted: September Payment on 98 TABS Total RestrictedlReserve BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Tax Increment Tax Increment Interest Interest Total Revenues Transfers In RDA PA 2 Housing Sam's Club TOTAL INFLOWS OUTFLOWS Expenditures Contract`Miscellaneous Debt Service 98 Series TAB P&I Riverside County -4/28/98 Subtotal Debt Service Pass Through Payments CVWD CVWD CV Mosquito Abatement CV Mosquito Abatement Riverside County Riverside County DSUSD DSUSD Co Superintendent of Schools Co Superintendent of Schools Desert Community College Desert Community Collette CVRPD CVRPO Subtotal Pass Through Payments Interest on City Loan Subtotal Expenditures Tmnsfers Out 2004 Finance Authority Debt service TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 302 200647 Five Year Cash Flow 1 2 3 4 5 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12131/06 (Original) (Adjusted) 734,999 734,999 734,999 2,999,219 5,537.811 8,295,024 11,234,576 (10,000,000) (10,000,000) (10,000,000) 0 0 0 0 263.521 263,521 263.521 2.743 2,607 2,442 1.925 9 736 479 9 736 479 9 736 479 2,743 2,607 2,442 1.925 10,471,478 10,471,478 10,471,478 2,996,476 5,535,204 8,292,582 11,232,651 872,977 19,658,600 19,658,6W 20,248,358 20,855,809 21,481,483 22,125,927 0 0 1,948,600 7,007.058 2,067,270 2,129,258 2,193,167 198,964 273,900 273,900 573,100 687,200 811,200 943,300 0 0 126'000 1,071,941 19,932,500 22'007,100 22,828,516 23,610,279 24,421,971 25,262,394 1,231,803 1.954,642 1,954,642 1,955,846 1,953,598 1.951,399 1,951,993 2,303,744 21 887142 23.961.742 24 784 362 25.563.877 26,373,370 27,214,387 6,800 176,100 176,100 181,383 186,824 192,429 198.202 263,521 419,785 419,785 420.135 420,184 419,550 418,272 100,000 100,000 100,000 100,000 150,000 200,000 263,521 519,785 519,785 520,135 520,184 569,550 418,272 0 1,856,783 1,856,783 1,912,486 1,969,861 2,028,957 2,089,826 184,048 189,570 195,257 201,114 207,148 0 341,852 341,852 352,108 362,671 373,551 384,757 33,885 34,902 35,949 37,027 38,138 192,492 8,124,247 8,124,247 8,367,974 8,619,014 8,877,584 9,143,911 805,292 529.450 854,334 879,964 906,363 0 4,517,050 4,517,050 4,652,562 4,792,138 4.935,902 6,083,979 447,739 461,171 475,006 489,257 503,934 0 511,020 511.020 526,351 542,141 558,405 675,157 50,653 52,173 53,738 55,350 57,011 0 939,261 939,261 967,439 996,462 1,026,356 1,057,147 93,101 95,894 98,T71 101,734 104,787 0 129,252 129,252 133,130 137.123 141,237 145,474 12,812 13,196 13,592 14,000 14,420 192,492 16,419,465 18,046,995 18,588.405 19,146,058 19,720,439 20,312,052 500,000 1,000,000 1,000,00(1 1,000,000 1,000,000 1,000,000 1,000.000 962,813 18,115,350 19,742,880 20,289,923 20,853,066 21,482,419 21,928,626 1,231,802 1,954,642 .954642 1 955 846 1,953,598 1,951,399 1 951 993 1,231,802 1,954,642 1.954.642 1,955,846 1,953,598 1,951,399 i 951 993 2,194,615 20,069,992 21 697 522 22 245 769 22 806 664 23.433 818 23,880,519 10,580,607 12,288,628 12,735,698 15,271,547 18,026,153 20,963,263 24,295,206 9 736479 9,736 479 9736479 (9,733,736) 9,726 762 844,128 2,552,149 2,999,219 5,537,811 8.295,024 11,234,576 14,568,444 WORKING DOCUMENT 40 of 43 PROJECT AREA NO. 2- CAPITAL PROJECTS 406 Beginning Fund Balance Advance to Fire DIF Reserved for Economic Development Hwy 111 Subtotal BEGINNING AVAILABLE Fund BALANCE INFLOWS Revenues Interest Developer Transfers In PA 2 Debt Service TOTAL INFLOWS OUTFLOWS Expenditures Contract Services/Misc Advertising -Economic Dev Economic Development Subtotal Expenditures Reimbursements General Fund Transfers Out Capital Improvement Program 1675 Phase V-C Westward Ho 1723 SilverRock Resort 1732 Hwy 111 1676 Phase V-D Sagebmsh,Bottlebrush,Saquaro 1744 Traffic Sig -Westward Ho & Dune Palm 1742 Simon Or Signal Total CIP Transfer to Debt Service Total Transfers TOTAL OUTFLOWS AVAILABLE Fund BALANCE Restricted /Reserve Funds ENDING Fund BALANCE 2006-07 Five Year Cash Flow 1 2 3 4 5 2006-07 2006-07 2007-08 2008-09 2009-10 2010-11 12i31/06 (Original) (Adjusted) 2,748,430 2,748,430 2,748,430 2,488,318 2,492,484 2,496,850 2,501,416 968,645 968,645 968,645 0 0 0 0 0 482,000 482,000 0 0 0 0 0 0 312,000 0 0 0 0 968,645 1450,645 1138,645 0 0 0 0 1,779,785 1,297,785 1,609,785 2,488,318 2,492,484 2,496,850 2,501,416 57,121 105,600 105,600 60,700 60,900 61.100 61,300 0 0 0 0 0 0 0 0 0 57,121 105600 105600 60700 60,900 61100 61,300 21,270 135,943 135,943 20,000 20,000 20,000 20,000 0 0 0 0 0 0 0 0 0 0 21,270 135,943 135,943 20,000 20,000 20,000 20,000 18,266 36,534 36,534 36,534 36,534 36,534 36,534 0 0 2,210 0 0 0 0 0 0 0 0 0 0 0 124,918 0 0 0 0 0 20,728 45,379 0 45.379 1 0 0 0 0 45,379 0 0 0 0 0 0 0 0 0 45,379 0 F365,712 0 0 0 0 84,916 172,477 56 534 56,634 56 634 56534 1,751,990 1,230,9081,353.839 1,358,205 1,362.771 1.367,537 968,645 1,450,645 1,138,645 1,138,645 1,138,645 1,138,645 2,720,635 2,681,553 2.488,316 12,492,494 2,496,850 2,501,416 2,506,182 WORKING DOCUMENT 41 OF 43 4A 2006-07 Five `Year Cash Flow REIMBURSEMENTS 2006-07 1 2 2007-08 3 2008-09 4 2009-10 5 2010-11 2006-07 12/31/06 (Original) (Adjusted) General Gas Tax Fund (427,791) (855,581) (855,581) (885,526) (916,519) (948,697) (981,798) General Lighting & Landscape (445,450) (890,900) (922,594) (867,500) (893,600) (920,300) (947,900) General Civic Center (101,830) (203,660) (203,660) (202,764) (202,935) (202,584) (201,758) General Capital Improvement Fund (114,623) (386,207) (1,379,259) (546,600) (2,600) (2,500) (2,500) General Library Fund (115,000) (869,275) (869,275) (912,739) (958,376) (1,006,294) (1,056,609) General Redevelopment (499,098) (998,200) (998,200) (998,200) (998,200) (998,200) (998,200) Civic Center General Fund 101,830 203,660 203,660 202,764 202,935 202,684 201,758 RDA CIP 1 General Fund 106,508 213,016 213,016 213,016 213,016 213,016 213,016 RDA CIP 2 General Fund 18,266 36,534 36,534 36,534 36,534 36,534 36,534 Gas Tax General Fund 427,791 855,581 855,581 885,526 916.519 948,597 981,798 L&L Gene al Fund 445,450 890,900 922,594 867,500 893,5W 920,300 947,900 CIP General Fund 114,523 386,207 1,379,259 546,600 2,500 2,500 2,500 RDA 1 Housing General Fund 242,063 484.127 484,127 484,127 484,127 484,127 484,127 Library General Fund 115,000 869,275 869,275 912,739 958,376 1,006,294 1,056.609 RDA 1 Housing General Fund 132,261 264,523 1 264,623 264,623 264,523 264,523 264,523 WORKING DOCUMENT 42 of 43 2006-07 Five Year Cash Flow TRANSFERS ALL FUNDS -TRANSFERS IN Fund CIP CIP CIP CIP CIP CIP CIP CIP CIP CIP CIP CIP CIP CIP CIP CIP CIP CIP CIP CIP CIP CIP CIP CIP CIP CIP CIP General General General General General General General General General Police Transportation Transportation Library Library PA 1 Debt Service PA 2 Debt Serve RDA PAI Housing RDA PAI Housing Finance Authority Finance Authority Finance Authority RDA PA7 CIP RDA PAI CIP PA 1 Debt Sm,Fe PA I Debt Service PA 2 Debt Sew" RDA PA 2 CIP Infrastructure Fire Tax SilverRock RCTC SilverRock reserve AB939 Development Agreement TOTAL INFLOWS 200647 2006-07 12rJ1106 (Original) I (Adjusted) Prated Art in Public Places Gas Tar, General Fund Federal Assistance - CDBG Lighting & Landscape A3939 Quimby Infrastucure CMAD-ISTFA Transportation DIF Park DI1= Library DIF RDA PIQ Housing Fund RDA PAI Housing Fund RDA CIP 1 RDA CIP 2 Crime Task Force Village Parting Civic Center DIF Fate Tar. Urban Forestry Grant RDA 1 - raxable Equipment Replacement RCTC 2004 Lovv Mod Project Fund Street Maintenance Library Gas Tax COPS &SLESF Urban F orestry, RCTC SCACjMD Ouunby Federal Assistance Park OF Indian Gaming General FUND Infrastm;ture Park Library County DIF City Library Fund RDA PAI Housing RDA PA2 Housing RDA PA2 Housing PA 1 Debt Semm Financing Authority Capital Prate RDA Debt semce 1 RDA Debt service 2 PA 1 Debt Service AD 2000-1 RDA CIP1 RDA CIPI RDA CIP2 RDA D62 Infrastralure SilverRock reserve General Fund SwerRack SilverRock 2 3 4 5 2007-08 2008-09 2009-10 2010-11 Amount Budget Budget_i 0 200,000 200.000 200,ODO 0 0 0 169,436 0 584,837 0 0 0 0 975,803 1.501,459 1,685,564 223.454 223,454 223,454 223.454 0 172,588 424.745 0 0 0 0 0 0 0 0 0 0 0 0 0 8.754 0 0 0 0 47,047 0 116,650 0 0 0 0 67.338 0 456,732 0 0 0 0 0 0 0 0 0 0 0 810,678 2,914,307 6,6D0,603 2,136,400 0 0 0 0 0 125.226 0 0 0 0 0 0 0 0 0 0 0 8,247 0 588,455 0 0 0 0 0 0 0 0 0 0 0 3,459,582 4,142,554 20,400,946 85,000 85,000 85.000 85,DD0 45.379 0 193,235 0 0 0 0 0 0 0 0 0 0 0 0 0 (1,893) 0 0 0 0 4%,564 0 11,898.098 0 0 0 0 0 0 0 0 0 0 0 D 0 0 D 0 0 0 0 0 (42,807) 0 0 0 0 0 0 657,000 0 0 0 0 46,632 0 2,374,007 0 0 0 0 4,483,D91 0 53,091,795 0 0 0 0 345 75,000 75,OD0 0 0 0 0 0 0 2,700,000 0 0 0 0 0 0 D 0 0 0 0 82,940 101,400 101,400 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 30,000 30,000 30.000 30,000 30,000 30.000 0 0 0 0 0 0 0 57,138 201,142 201,142 180,000 0 0 0 2.000 2,000 2,000 2.000 2,000 2,000 2.000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2,896,145 4,448,304 4,448.304 4,450.261 4.444,479 4,438,892 4,438.933 1,231.803 1.954.642 1,954.642 1,955.846 1,953,598 1.951,399 1.951,993 100.000 0 140,0D0 0 0 0 0 0 0 0 0 0 0 0 0 0 7,273 0 0 0 0 2.500,931 3,968.515 3,968,615 3.970,960 3,966,396 3,961,932 3,963,138 1.231,802 1,954,642 1.954,642 1.955,846 1,953,598 1,951,399 1.951,993 0 2,500.000 2,500,000 25,000,OD0 0 25,000.OD0 0 0. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 37.211 0 37,211 0 0 0 0 0 0 0 0 0 0 0 0 67.426 67,426 0 0 0 0 1 6 20DO47 Five Year Cash FIOW TRANSFERS 1 2 3 4 5 2006-07 2007-08 2008-09 2W9-10 2010-11 2006-07 IM1/06 (Original) (Adjusted) ALL FUNDS - TRANSFERS OUT Fund Project Amount Budget Budget-1 CIP General 16N 198,45400 198,454 198.454 10,454 198.454 198,454 198,454 CIP General 1732 (2143300) 27,276 27,276 0 0 0 0 CIP General 1751 19.773W 31,827 31,827 25,000 25,000 25,000 25,000 CIP General 1758 779,909.00 953,902 953,902 0 0 0 0 CIP General 1765 5,100 DO 210.000 210,000 0 0 0 0 CIP General 1767 000 Bg000 Bg000 0 0 0 0 CIP General 1771 000 0 34,105 0 0 0 0 CIP General 1770 000 0 150,W0 0 0 0 0 General 2,00000 2.000 2,000 2,000 2,000 2,OOD 2,000 Gas Tax 1726 166,55500 000 166,555 000 000 000 000 Gas Tex 17M (SW700) 0.00 (6387) 000 000 000 000 Gas Tax 1752 9,2W W 0 00 424,669 000 0 00 0 00 0 00 CIP Infrastructure 1635 000 0 397,576 0 0 0 0 CIP lydrastructure 1740 4,035 W 0 15,810 0 0 0 0 CIP Infrastructure 1742 39621 W 0 39,621 0 0 0 0 CIP lnfrastneaure 1753 23,682 D0 0 3,725 0 0 0 0 CIP RDA CIPI 1644 50,000 DO 50.00000 50,000 50,00000 50.00000 5800000 50,00000 CIP RDA CIPI 1651 000 26,00000 98,144 25,00000 26,00000 25.00000 26,000.00 CIP RDA CIPI 1652 000 000 42,887 10,00000 10,000.00 10,00000 10,00000 CIP RDA CIPI 1673 000 000 (4,865) 000 000 0Do 000 CIP RDA CIPI 1705 60,767 OD 2,50000000 2,602,202 0w 0Be 000 000 CIP RDA CIPI 1705 000 OW (2,7W,0W) 000 000 000 000 CIP RDA CIPI 1723 2,368,17900 000 15.770,459 ODD 000 000 000 CIP RDA CIPI 17M 13.54500 000 94,439 000 000 000 000 CIP RDA CIPI 1744 163.16300 000 163,163 000 000 000 000 CIP RDA CIPI 1726 745,34500 000 699,787 000 000 000 000 CIP RDA CIPI 1748 11,10400 261,41200 172,588 000 000 000 OW CIP RDA CIPI 1764 65300 605,000 DO 605,000 000 000 000 000 CIP RDA CIPI 1768 45,43400 000 2,106, 000 000 000 000 0.00 CIP RDA CIPI 1769 1,392.00 701,14200 701.142 000 000 0DO 0.00 CIP RDA CIP2 1675 000 0 2,210 0 0 0 0 CIP RDA CIP2 1676 000 0 124,918 0 0 0 0 CIP RDA CIP2 17" 0DO 0 20,728 0 0 0 0 CIP RDA CIP2 1742 45,37900 0 45,379 0 0 0 0 COPS 82,939.63 101,400 101,400 0 0 0 0 Federal Assistance 1748 000 172,588 249.735 0 0 0 0 Federal Assstance 1753 000 000 0 W,N)o 175.010 30,000 0 38000 0 30,000 0 W,000 0 3801)) Federal Assistance 7,273 0 0 0 0 Finance Authority Finance Authority Debt sernce 000 0 Quimby 1694 47,04700 0 116,650 0 0 0 0 Quimby 0 000 000 000 000 000 000 000 RDA Debt 000 2,500,000 2.500,000 25,000,000 0 25.000,000 0 RDA DOW 1 100,000 00 0 140.000 0 0 0 0 RDA DeW1 2,500,93109 3,968,515 3,968,515 3.970,960 3,966,3% 3,961932 3,963,138 RDA Debt 2 1,231,801 83 1,954,642 1,954,642 1,955,846 1,953,598 1,951,399 1,951,993 RDA Housing 1 395.21400 479.789 479,789 479,301 478,083 476.960 475,795 RDA Housing 2,WO,93109 3,968515 3,%8,515 3,970,%D 3,9 ,396 3,961,02 3,%3,IW RDA Hausvg 2 1759 8,247 W 0 588,455 0 0 0 0 RDA Hounding 2 1.231,802 57 1,954,642 1.954,642 1,955,846 1,953,598 1,951,399 1,951,993 Transportation DIF 1710 400,IMW 0 1,149,780 0 0 0 0 Transportation OF 1743 39,91200 0 901,881 0 0 0 0 Transportation DIF 17" 165.572 DO 0 47,101 0 0 0 0 Transportation DIF 1745 000 0 85,504 0 0 0 0 Transportation DIF 1733 7,28800 0 133,640 0 0 0 0 Transportabon DIF 1754 100,9D9W 1,898,876 2,082,004 0 0 0 0 Transponabon DIF 1755 5,19200 0 225,9W 0 0 0 0 Transporshon DIF 17M 1,05500 0 212,429 0 0 0 0 Transportation DIF 1757 5,533W 0 43A55 0 0 0 0 Transportation DIF 1742 87,500-00 0 210,575 0 0 0 0 Tr-4n3portahan DIF 1762 1,452 W 305,200 305,200 21136,400 0 0 0 Transportation DIF 1763 2,13100 710,232 1202,704 0 0 0 0 Pack OF 1679 000 0 125,226 0 0 0 0 Civic Center DIF 1725 456.56400 0 11.898,098 0 0 0 0 Silva -Rook 000 67,42600 67,426 OW 000 000 000 Village 1673 000 0 (1,893) 0 0 0 0 APP 1754 000 200,000 20Q000 0 0 0 0 RCTC 1732 000 0 28,W3 0 0 0 0 RCTC 1743 46.83200 0 1,578,824 0 0 0 0 RCTC 1755 000 000 445,190 000 000 0DO 000 ROTC CIP RDA CIPI- Taxable 1765 1723 000 000 0 000 321,000 (42,807) 0 000 0 0.00 0 000 0 000 Equipment replacement 1725 000 000 657,000 000 000 000 OX 2004 Low Mad Band Fund 1737 3,859.167 DO 000 23,169,188 000 000 0.00 000 2OD3 Low Mod Band Fund 1760 602.11900 000 29,780,662 0Do 000 000 OW 2OD4 Low Mod Bond Fund 1759 21,80500 000 142.045 000 000 000 0OD Indian Gaming 57,13761 201.14200 201,142 180,00000 000 000 OAD Maintenance Feality DIF 1766 34500 75,00000 75,000 000 0DO 000 0.00 Stiverftocic Reserve 37,211W 000 37,211 000 000 000 000 Library 1706 0.00 0.00 2,700,000 0.00 0.00 0.00 0.00 A8939 1723 000 000 8,754 000 000 000 0N) TOTAL OUTFLOWS 18,716.311 24.233.979 117549,502 40, 189, 761 12,611125 37,644,07 112,646,51 000 000 000 000 000 000 000 WORKING DOCUMENT 430E 43 5-year Analysis of General Fund Balances Fiscal Year Fy 05/06 - Prior Year FY O6/07 - Budget FY 07108 FY 08/09 FY 09/10 FY 10/11 Reserved Fund Balance RDA 1 Principal RDA 1 Interest RDA 2 Principal RDA 2 Interest Reserve for Housing Reserve for RCTC Reserve for Advance to Civic Center DIF Reserve for Advance to SilverRock Reserve for Civic Center Bonds Reserve for Capital Projects Reserve for Economic development Reserve for Educational purposes Reserve for Deposits Reserve for Prepaids Reserve for encumbrances Total Reserved Net Beginning Inflows/Over Restricted Unrestricted Ending Fund Balance Inflows Outflows (Under) Outflows Reserves Reserves Fund Balance 63,926,967 38,031,484 25,689,327 12,342,157 41.124,423 35,144,701 76,269,124 76,269,124 34,413,071 35,199,837 (786,766) 53,045,720 22,436,638 75,482,358 75,482,358 34,512,972 35,252,440 (739,468) 40,794,824 33,948,066 74.742,890 74,742,890 35,841,369 39,622,330 (3,780,961) 40,794,473 30,167,455 70,961,928 70,961,928 38,806,216 43,723,745 (4,917,529) 40,793,647 25,250,753 66,044,400 66,044,400 40,518,560 46,698,173 (6,179,613) 40.793,647 19,071,140 59,864,787 FY 04/05 FY 05/06 FY 06/07 9,731,964 12,000,000 12,000,000 3,995,376 12,108,514 10,000,000 10,000, 000 5,686,866 12,000,000 1,564,535 9,615,094 381,939 700,961 1,563.011 203,660 FY 07108 FY 08/09 FY 09/10 FY 10111 12, 000, 000 12, 000, 000 12,000,000 12,000,000 10,000, 000 10,000,000 10,000,000 10,000,000 1,564,535 1,564,535 9,615,094 9,615,094 1,563,011 1,563,011 202,764 202,413 1,564.535 1,564,535 9,615,094 9.615,094 1,563,011 1,563,011 201,587 201,587 589,875 10,877,058 589,875 589,875 589,875 589,875 589,875 467,072 4,967,072 4,500,000 4,500,000 4,500,000 4,500,000 4,500,000 1,000,000 750,000 500.000 250,000 250,000 250,000 250,000 5,903 5,903 5,903 5,903 5,903 5,903 507,931 503,642 503,642 503,642 503,642 503,642 503,642 1,069,667 1,319,787 35,539,204 41,124,423 53,045,720 40,794,824 40,794,473 40,793,647 40,793,647 Unreserved Fund Balance FY 04105 FY 05106 FY 06/07 FY 07/08 FY 08/09 FY 09/10 FY 10/11 Additional Reserve 4,000,000 4,000,000 4,000,000 4,000,000 4,000,000 4,000,000 4,000,000 Emergency Reserve 11,067,577 12,905,386 13,559,295 14,934,302 16,407,053 17,486,704 17,486,704 Cash Flow Reserve 2,608,786 3,041,984 3,196,1119 3,520,228 3,867,376 4,121,865 4121 865 _ 17,676,363 19,947,370 20,755,414 22,454,530 24,274,429 25,608,569 25,608,569 Operations/Projects/Transfers 10,699,419 15,197,331 1,681,224 11,493,536 5,893,026 (357,816) (6,537,429) Total Unreserved 28,375,782 35,144701 22,436,638 33 948 066 30 167,455 25 250,753 19 071.140 Total Fund Balances 63 914 986 76269,124 75,482,358 74,742,890 70,961,928 66,044,400 _ 59 864 787 4v$ N •o O IT d C a W ; = y o l�0 _y C W W c N y ~ •C 1p O O 0 win N 9 W c Wy M c 0 W y W C Cl 7 �„ W c M. 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E e a a Eo Wr3C CCWE D. C C rCc aW :cC w v v 3 c o 5 L W 10 C J W >=a m r o > L CO a W W W W 3 s W W O C = d t0 C C, d C y 9 o amuo woH UcIED 62 d ui co r� M M M M 415 / �� La's Ok O F U CF`y OF COUNCIL/RDA MEETING DATE: February 20, 2007 ITEM TITLE: Discussion of Golf Cart Plan Revised Area, Stage 1, Phase 1 for the Village and Surrounding Areas RECOMMENDATION: Receive and file. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: 59 a PUBLIC HEARING: The revised list of improvements would result in a capital outlay of $455,034 and administrative costs to administer the program. The timing and cost will be addressed in the Fiscal Year Capital Improvement Budget for 2007/08. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council discussed the Golf Cart Plan in April of 2006, and directed staff to look at reductions in the scope of improvements required to implement the first phase of the program. Direction further included a focus on the Village, and on facilities which would be readily accessible, in order to allow the City to determine whether the improvements would be used by the public, and would warrant expansion in the future. (Please see the April 4, 2006 staff report and minutes of the meeting, attached as Attachments 'I and 2, respectively.) In response to the Council's direction, staff reduced the improvements to focus on three areas: rl1G 1. Where the golf cart paths were already in place, or could be provided by painting laries and installing signage (such as the paths adjacent to SilverRock and along Avenue 52); 2. On local streets within the Village and the Cove, where only signage would be required; and 3. In areas immediately adjacent to the Village, where connections could be made cost-effectively to the Village. The results of these reductions are shown on Attachment 3, Golf Cart Routes Map, which shows the location of the proposed improvements. The costs associated with the improvements are for the extension of paths from Avenue 50 to the: Village; Eisenhower Drive to the Village; Calle Tampico, between Washington and Eisenhower; and a charging station in the Village. The costs are summarized in Table 1, below. Table 1 Revised Golf Cart Route Construction Costs Stage 1, Phase 1 Description Estimated Cost Park Avenue Improvements - Washington to Avenue 50 $17,552 Calle Tampico Improvements - Washington to Eisenhower $19,552 Eisenhower Drive - Avenue 50 To Fernando (Requires traffic signal modification, @ $80,000 and curb, gutter and paving @ $17,300, balance painting and signs) $123,076 Village Golf Cart Charging Station - Within Parking Lot $150,000 Estimated Construction Costs $310,180 Design Survey And Engineering (10%) $31,018 Construction Engineering (7.25%) $22,488 City Administration (5%) $15,509 Design, Engineering Admin Costs $69,015 SUBTOTAL $379,195 20% Construction Contingency $75,839 TOTAL ESTIMATED PROJECT COST $455,034 Staff estimated the cost of an expanded Phase I project to be $1,121,969. The current proposal has been scaled back per City Council direction. 417 Staff believes that this first Phase will provide sufficient circulation to existing golf cart communities, such as the La Quinta Resort, Legacy Villas, Laguna de la Paz, the Cove neighborhood, and SilverRock area to allow effective use of the facilities for persons with legal golf cants. The City should be able to see, in relatively short order, whether the routes are being used, and whether the program merits expansion in the future. Should the Council wish to proceed with this first phase, staff will prepare the required amendments to the Capital Improvement Program for Fiscal Year 2007-2008, and prepare the required ordinances for implementation of the Golf Cart Program for public hearing. Then, the administrative systems will be established to implement the permitting of individual golf carts in the program and manage the program. At the February (3, 2007 Council meeting, the City Council discussed the City's Golf Cart General Plan Policies during its public hearing on the proposed residential project located at Washington Street and Avenue 48. The City Council may want staff to provide an update on the City's amended Golf Cart Plan. FINDINGS AND ALTERNATIVES: The alternatives available to the Council include: 1. Discuss improvements required to implement Stage 1, Phase 1 of the Golf Cart Plan; or 2. Provide staff with alternative direction. Respectfully submitted, �� Douglas Eofns Community Development Director Approved for submission by: 7/T h /om a P. Genovese, City Manager Attachments: 1. April 4, 2006 City Council Staff Report 2. Excerpts of Minutes of April 4, 2006 City Council Meeting 3. Golf Cart Routes (Aerial Photo) 413 ATTACHMENT #1 1 AGENDA CATEGORY: COUNCILIRDA MEETING DATE: April 4, 2006 BUSINESS SESSION: _ ITEM TITLE: Discussion of Golf Cart Plan Status Report, Stage 1, Phase 1 for the Village and CONSENT CALENDAR: _ Surrounding Areas STUDY SESSION: 1 PUBLIC HEARING: RECOMMENDATION: Receive and file. FISCAL IMPLICATIONS: The improvements proposed would result in an expenditure of approximately $1,121,969.00 and administrative costs to administer the program. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City established the Golf Cart Program through the adoption of the General Plan in 2003. In order to implement the Program, a number of steps are required, including amendment of the A4unicipal Code, adding the project to the Capital Improvement Program, and establishing a City permitting system for individual golf carts. Following the Council's direction to proceed with these implementation tools, staff undertook a comprehensive analysis of the Phase I Golf Cart Routes, as established in the General Plan (Attachment A). Based upon a comprehensive review City staff determined that the early stages of this City-wide program should focus on connecting areas surrounding the Village, La Quinta Resort, and SilverRock. This analysis included several field studies regarding the conditions "on the ground," to determine where and what type of S:�CityMgr\sTAEF REPORTS ONLYIS4 GoHCa Ldm improvements were; required, where there were physical constraints, and where there were established or approved routes. This analysis resulted in the drafting of Stage 1 Route Map (Attachment B). This is "Stage 1" of the first phase of implementation of the program, and will be implemented to gauge overall user acceptance and participation in the program. This area has the potential for high use and provides a good test program. Stage 1 is focused upon using existing facilities and improvements to the greatest degree possible while establishing a viable and safe golf cart system. Stage 1 is intended to connect the La Quinta Resort, SilverRock Resort, and the Village. Staff has drafted Regulations for Golf Carts on Certain Streets Ordinance (Ordinance). This Ordinance (Attachment C) is required by State law and provides the legislative authority for allowing golf carts on designated public streets. Key provisions include types of golf cart paths, golf cart licensing criteria, safety criteria for golf cart operation, and golf cart permitting process. The draft Ordinance is similar to Palm Deserts existing ordinance. The City would have to establish a permit program and designate a Department to handle the permit program. It is expected that this would be a part-time position and that licensing fees would off -set ,administrative costs. If the City Council decides to proceed with the program staff will prepare administrative cost evaluation and fee recommendation. In addition to the Ordinance staff has drafted an informational flyer entitled "Welcome to the City of La Quinta." (Attachment D). After conducting a field evaluation staff developed a Capital Improvement Program budget for the physical improvements to implement Phase 1, Stage 1. Staff focused upon use of existing facilities to the highest degree possible. Costs and improvements include mobilization, traffic control, striping, sidewalk removal, new path construction, retaining curb/walls, handicapped/cart ramps, landscape modifications, utility adjustments, legends, signs, strut modifications, signal modifications, and clean-up. The: attached Capital Improvement Program information (Attachment E) provides an overall summary and detail sheets for each segment. The most significant costs include: 1. The reconstruction of parkway improvements on Eisenhower Drive, in front of the Hidden Canyon project. 2. The relocation of sidewalk and other facilities on Eisenhower Drive, in front of Laguna de la Paz. Altogether, the improvements required to implement Stage 1 is.estimated at $971,969.00, plus $150,000 for a charging station to be located at the Village parking lot, for a total of $1,121,969.00 for this first stage of development. The estimated cost is in 2006 dollars. These costs will likely increase as construction dollars continue to escalate. This does not include signage for Class III (on street routes on local streets in the Village, shown in blue on Exhibit A), which are an operational expense which will be integrated into the Public Works budget. 02 Procedurally, the Council must first consider the Capital Improvement Program expenses and integrate them into the program. If the City Council desires to fund this program, staff will forward the Ordinance to the Council for action, in order to implement the program. Then, the administrative systems will be established to implement the permitting of individual golf carts in the program and manage the program. FINDINGS AND ALTERNATIVES: The alternatives available to the Council include: Discuss improvements required to implement Stage 1, Phase 1 of the Golf Cart Plan; or 2. Provide staff with alternative direction. Respectfully submitted, Douglas vans Community Development Director Approved for submission by: Thomas P. Genovese City Manager Attachments: A. Exhibit 3.8, General Plan B. Route Map Aerial C. Draft Ordinance D. Draft Brochure E. CIP Detail `A 7 I g W 4m IMFS AS 111 LA OUINTA CENTRE LA ODIUM 0 � AVER LEGEND: S '*=CIVIC CENTER(CRAL Y HALL, POsT OFFICES, Era) 0 O is = SHOPPING CENTER LOCATION O i9r= SCHOOL. LOCATION O O O OO - w z 4 -GOLF COURSE LOCATION �= PARKS AND RECREATION O. NAN z . i CHARGING LOCATION ERNIWDO FER ��M c CLASS I PATHS r•�-CLASS Y PATHS un•-CLASS NIPATHS P CALLE AMPICO AVENIDA MONTEZUMA Nor_ LAMM CENIAE DR AUTO OR WI AVE-4E 8 F. m AVE 52 - 000000g E><hibit • City of La Quinta TERRA NOVA General Plan _ 3.8 Planing & Beseaidi [ Phase I (2005) Golf Cart Routes - " DRAFT - 3129106 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 12.69.TO TITLE 12 OF THE LA QUINTA MUNICIPAL CODE, PERTAINING TO REGULATIONS FOR GOLF CARTS ON -CERTAIN STREETS WHEREAS,'the California Vehicle Code prohibits the useof golf carts on public streets except as permitted in California Vehicle Code 21115, 21115.1 and 21716;and WHEREAS, the City established a Golf Cart Transportation Plan as part of its General Plan Update process, adopted on March _, 2003; and WHEREAS, in order to operate a golf cart on public streets in the City; the City Council finds that specific standards, and requirements are. necessary to preserve the public health and safety. NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: Section 1. Title 12 of the La Quinta Municipal Code is hereby amended. to add Chapter 12.69, to read as follows: 12.69.010 Purpose and Intent. The California Streets and Highways Code, Sections 1950 through 1961, authorize local jurisdictions to establish golf cart transportation plans within their boundaries; under certain conditions and with certain requirements: The City has established the Golf Cart Transportation Plan in its General Plan, and intends; by the addition of this Chapter of the Municipal Code, :toestablish standards, requirements and procedures for the implementation of the Golf Cart Transportation Plan. 12.69.020 Definitions As used in this Chapter, the following words and phrases shall have the following meaning: "City" means the City of La Quinta. "Golf Cart" means a four wheeled electric powered motor vehicle with an unladen weight of less than one thousand three hundred pounds; which is designed to be, and is operated at not more than twenty miles per hour, and is designed to carry golf equipment and no more than two persons, including the driver. "Golf cart lanes" or "Golf cart routes' means all City owned travel ways that allow golf cart travel, including roadways There shall be three categories of golf cart facility: 1. Class I golf cart paths provide an area separate from the roadway used by automobile traffic for shared one-way or two-way golf carts, bicycles and pedestrians. 2. Class II golf cart lanes provide a striped eight -foot lane for one -way - golf cart and bicycle travel on a street or. highway. 3. Class III golf cart routes provide for shared use with automobile and bicycle traffic. Class tit facilities are established by placing golf cart route signs along roadways with speed limits of twenty-five miles.per hour or less in order to link them to Class I or Class 11 facilities. "Golf cart route plan" means the adopted map depicting routes and crossing that will be construcl:ed, posted and designated for use by permitted golf carts. 12.69.030 Minimum design criteria for golf carts. All golf carts traveling on any golf cart facility in the City must meet the following minimum design criteria: 1. The golf cart must be electrically powered. 2_ The golf cart must be equipped and safely operated with all of the following equipment: a. Revd reflectors; b. Parking brake; c. Hom; d. Headlights, brake lights and rear lights; e. Front and rear turn signal indicator lights; f. Windshield; g. Seat belts; h. Covered passenger compartment; i. Mirror combination (left and right side mirrors, left and nar mirrors, or multi -directional cross bar mirror) and unobstructed view to the rear. 12.69.040 Minimum safety criteria for operation of golf cart. All golf cart operators operating golf carts on any golf cart facility in the City must conform to the following operator requirements and safety criteria: 1. Golf cart operators must be -licensed drivers in the State of California with valid California driver's license, or a driver's license issued by another state. 1k m 2. Golf cart operators must comply with the financial responsibility requirements established pursuant to Chapter 1 (commencing with Section 16000) of Division 7 of the California Vehicle Code. 3. Golf cart operators must maintain golf cart in a safe condition. 4. Golf karts are limited to daytime operation and are not permitted before one hour prior to sunrise or after one hour after sunset. 5. Golf cart operators must yield the right-of-way to automobiles, pedestrians and bicyclists. 6.. Golf cart operators may only travel on designated golf cart facilities, and only in those golf carts that meet the minimum design criteria required by Section 12.69.030 and that are also properly permitted by the City. 12.69.050 Goff cart permit process. The following golf cart permitting process is established: 1. No golf cart shall be operated within the City without a current golf cart permit decal visibly displayed on the right rear fender of the golf cart. 2. The golf cart permit shall be valid _for one year from the date of issuance. 3. A golf cart permit fee shall be established by City Council resolution. 12.69.060 _ Enforcement of golf cart transportation plan: Any person operating a golf cart in the City in violation of this chapter is guilty of an infraction punishable by a fine not exceeding one hundred dollars. ATTACHMENT D y ro -0~ N t « C N C � ro— aro 0 C O co N D cc L O Q U. ti C 3 0 N ro E Mc ro 5 4! w ro E d c CM O j .� Q�O+ v GO d w a o o.t- a v 3 FU m ooUV.��^_o c CL E i V ro L Y y co C 3 L O DMwo b?' d L I�yDo c�oo75 4)ro ob ro-0> yv= o a`>>a+°°"°�uH"—'tea > am-0aXuEa�ia:s:saoo��' :e LJ « N 0 CD O O N ro N L T E N E N c o� ro >0 7 c o E° L_ ro c c c U C) r 0 3v u "OCD s a, Oa o 0 Cos V C b 7 rt W `r CU C. c OV bLO0 Q.O m ;V-0VU NO Ot u cO �Ni-0ClNN .• C p n T Uro. _OTC 'aL N 7 n U OA. - co co LW O N O c w T 000 M M u Y v. C �V ud C a?Lmy�3 ,� Lc-- _o c 0-0 a, zy o 3 ro 00 oro c o y s. a, c U O 202 0 F• C N i T .�. N D U l' O E b0 L y N •- T C) C) ro C7 T ro 1-C L �+ ro y C rC o -4 -0 00 C C 3 0 .� N O O ..fl i' 0 >-U -Cv'i (o O ro Q b O > u'i N. t� P• a N W `o ro v u � � o C: os� 0- oar aci E N ro 3 c L c a, ai o a- U> b 0 0 0 «�L n 0 yL K O- L O V 7 v 0 E �? TN C N �6 m O E E U co ro 3 -0 a o t M 0' m E U c a� m 'j L Nu0 to U C Y U t0 at>.ro C o 0 Ow0 N C 3 >o L aLro. ro O L u LL C L O O0 ro U «°o -r-aDwEon _ o" o d} U O CO T v n• L= 'C •O N N E •N 000 C/ N c-- L N m W- -0 , ro ro �• N O H � O vi 00•C -.0 --' N �- N m 000 Cl 4g 4 7 L O 'OO O .O-. N L N 0 0 0 C J J C L K ro 0 Y N Y 0 O U C U O O N L Opy b[I U ;,, a i > 7 >►-S KOOK VOi CL VJ O O O O L -CCt 2 3 3 7 0 E tcvr U A A A A A A A A A A A A (D u U O �C), C L C to i ?_• O -O u y t°n0a3avidro`L°c U CC CJ rLC C C 7 «O 0 y O "O L T u N U Cl O v- L O > O tui v m .lit 00 ro (ou "0 ro r :c .o �' "a 3 ... °-0 >wao > O u E "O Ou o .. LO b vi o 'IT '^ o CD y L N N D N h> WO t>aa,m m°'m O 0 0 2� yUNS ma a - >, A A .E a 7 N 0. t>a N L C I— O ro C as >,S E EU� CL E LEQ(D 00 ro >, U u y oM o Q O U v u 3 L o oo 0 T N e o 0 w � d C E ri O CD N a.n — b �m it E v E 000oc O C 0 m r� td b 7 d E a a� to 0 w �L L « c TO ? LO N ro �0E 00 U (Di1 O L N C C! t > -0 C ) > O N r W D 0 = ~ �-O L .n Q o ,� o m O N OL i ro E « E N N � t00 0cooj o >• u0 u n 12 CITY OF LA OUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL _ i Project Type: Street Improvement Project AD53 - Phase I Golf Carl Routes ' Destri on The proposed Improvements UxWc" Ore installation Goff Can travel lanes on various streets within the Cily. Phase I struts nay Include: Awanue 50. Park Avarne, Cage Tampico, and Eisenhower Drive. In addition, projed will likely include a new guff cart cha station wMdn One City owned Village parking bL Revenue Amounts " Cartalim To Be Determined Total General Fund 1,121,969 1.121.969 Inhasuuchae 0 Rojed Am - 0 Project Area 2 0 DIF-Transportation OF - Pales & Recreation _ DIF - CIVIC Center 0 DIF - Ley 0 DIF-Co m4rMY Center 0 DIF- Makdera Fae ty - 0 Odw. .. To be detemitrted _ 0 Other 0 Rewmm Amount ToW O 0 0 0 0 1.121,969 0 1.121 W9 112,197 754.524 66,953 112,197 O red Costs Cale 7 To Be Determined Total General Fund _ 0 Other 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: The Phase I Golf Cad Routes also includes re-sgnirg Avenue 52 and other Village Streets to albw golf tarts to use One adding bikeway or street facilities. The casts associated with Oils Fe -signing will be provided though the Public Woks DepaNnenl's An tial Operating bud&L Phase II and III miles are in the planning stage and will be incorporated It hittue CIP updates. Printed: 29-MW-06 CITY 9F LA QUINTA CITY GOLF CART ROUTE PROJECT - ENGINtEWS ESTIMATE FOR 2006 01P BUDGETING PURPOSES PREPARED BY. HAI CONSULTING March 29.2006 - EISENHOWER DRIVE FROM COACHELLA DRIVE TO WASHINGTON STREET PROJECT DISTANCE IS 0.110 MILES (4,220 FEET) DESCRIPTION QUANTITY UNIT UNIT .MOBILIZATION _ 1 LS E PRICE 20,000.00 TRAFFIC CONTROL 1 LS $ 10.000.00 CLEARING AND GRUBBING i LS $ 25.000.OD UNCLASSIFIEDEXCAVATION 3,750 Cy E 10.00 REMOVE EXISTING G WIDE PCCSIDEWALK 25.320 SF 1.25 CONSTRUCT 17 WIDE SIDEWALK/CART PATH 25.320 SF .$ $ . 3.50 CONSTRUCT tY WIDE SIDEWALKICART PATH WITH RETAINING CURB 25,320 SF $ 5.50 HANDICAP)CART RAMPS 5 EA $ 2,000.00 REPLACE L�NDSCAPINGITURF _ 25.320 SF $ 4.00 ADJUST EXISTING UTIITIES 1 _ 1 LS $ 50.000.00 TOTAL PROJECT DESCRIPTION: - REMOVE THE EXISTING V WIDE SIDEWALK FROM COACHELLA DRIVE TO WASHINGTON AND REPLACE IT WITH A 12' WIDE PATH ALLOWING 2 LANES - REQUIRES REMOVAL AND REPLACEMENT OF EXISTING LANDSCAPING, PALM TREES AND TURF. MAY REQUIRE THE RELOCATION OR ADJUSTMENT OF EXISTING IID STRUCTURES. - TOTAL PRICE $20.000.00 . $10.000.00 $25.000.00 $37,500.00 $31,650.00 $88,620.0U $139,2M.00 $10.000.00 $101.280.00 $50,000.00 $513,310.00 7 1) d 4 CITY OF LA QUINTA CITY GOLF CART ROUTE PROJECT ENGINEER'S ESTIMATE : FOR 2006 CIP BUDGETING PURPOSES PREPARED BY. NAI CONSULTING March 29,'2006 ;f AVENUE 50 - PARK AVENUE TO ORCHARD PROJECT DISTANCE IS 0.4 MILES (2120 FEET) DESCRIPTION QUANTITY UNIT UNIT TOTAL PRICE PRICE MOBILIZATION 1 LS $ 2,000.00 $2,000.00 TRAFFIC CONTROL— 1 LS $ 2,000.00 $2,000.00 SANDBLAST EXISTING STRIPING 4,240 LF $ 0.30 $1,272.00 PAINT 6" BIKE/CART PATH STRIPE 4,240 LF $ 0.50 $2,120.00 BIKE/CART PATH LEGENDS 8 EA $ 100.00 $800.00 BIKE/CART PATH SIGN MID POSTS 8 EA $ 200.00 $1,600:00 TOTAL $9,792.00 PROJECT DESCRIPTION: PROVIDE AN 8' WIDE BIKE:/CART PATH REPLACING THE EXISTING V WIDE STRIPED BIKE LANE_ REQUIRES SANDBLASTING THE EXISTING BIKE LANE STRIPE AND PAINTING THE NEW STRIPE. AND REPLACING EXISTING BIKE LANE SIGNS/LEGENDS WITH COMBINED BIKEICART SIGNS/LEGENDS. 430 CITY OF LA QUINTA CITY GOLF CART ROUTE PROJECT ENGINEER'S ESTIMATE FOR 2006 CIP. BUDGETING PURPOSES PREPARED BY: NAI CONSULTING March 29, 2006 PARK.AVENU.E FROM AVENUE 50 TO CALLS RONDO PROJECT DISTANCE IS 0.80 MILES (4,220 FEET) DESCRIPTION QUANTITY UNIT UNIT TOTAL PRICE PRICE MOBILIZATION 1 Ls $ 3,000.00 3,000.00 TRAFFIC`CONTROL 1 LS $ 3,000.00 3,000.00. SANDBL4ST EXISTING STRIPING 8,440 LF $ 0.30 PAINT 6IKE/CART PATH STRIPE 8,440 LF $ 0.50 _2,532.00 4,220.00 BIKEJCART PATH LEGENDS 16 EA $ 100.00 1,600.00 BIKE/CART PATH SIGN MID POSTS 16 EA $ 200.00 3,200.00 TOTAL 17,552.00 PROJECT DESCRIPTION: PROVIDE AN 8' WIDE BIKE/CART PATH REPLACING THE EXISTING V W IDE STRIPED BIKE LANE REQUIRES SANDBLASTING THE EXISTING BIKE LANE STRIPE AND PAINTING THE NEW STRIPE AND REPLACING EXISTING BIKE LANE SIGNS/LEGENDS WITH COMBINED BIKEJCART SIGNS/LEGENDS. PROVIDE NEW RAMPS AND CROSSING IMPROVEMENTS 16 CITTOF LA QUINTA CITY GOLF CART ROUTE PROJECT ENGINEER'S ESTIMATE FOR 2006 CIP BUDGETING PURPOSES PREPARED BY: NAI CONSULTING March 29, 2006 CALLE TAMPICO FROM WASHINGTON STREET TO EISENHOWER DRIVE PROJECT DISTANCE IS 0.80 MILES (4,220 FEET) DESCRIPTION QUANTITY UNIT UNIT TOTAL PRICE - PRICE. MOBILIZATION 1 LS $ 3,000.00 $3,000.00 TRAFFIC CONTROL 1 LS $ 5,000.00 $5,000.00 SANDBLAST EXISTING STRIPING 8,440 LF $ 0.30 $2.532.00 PAINT 6' BIKE/CART PATH STRIPE 8,440, LF $ 0.50 $4.220.0U BIKE/CART PATH LEGENDS _ 16 EA $ 100.00 $1,60000 BIKEICART PATH SIGN AND POSTS 16 EA $ - 200.00 $3,200.00 TOTAL $19,552.00' PROJECT DESCRIPTION PROVIDE AN 8' WIDE BIKIJCART PATH REPLACING THE EXISTING 6' WIDE STRIPED BIKE LANE. REQUIRES SANDBLASTING THE EXISTING BIKE LANE STRIPE AND PAINTING THE NEW STRIPE. AND REPLACING EXISTING BIKE LANE SIGNS/LEGENDS WITH COMBINED BIKELCART SIGNS/LEGENDS. PROVIDE NEW RAMPS AND CROSSING IMPROVEMENTS a CITY, OF LA QUINTA CITY GOLF CART ROUTE PROJECT. ENGINEER'S ESTIMATE FOR 2006 CIP BUDGETING PURPOSES PREPARED BY: NA] CONSULTING March 29; 2006 EISENHOWER DRIVE FROM AVENUE 50 TO AVENIDA FERNANDO PROJECT DISTANCE !IS 0.40 MILES (2,120 FEE' DESCRIPTION QUANTITY UNIT UNIT. TOTAL PRICE PRICE MOBILIZATION. 1 LS $ 5,000.00 $5,000.00 TRAFFIC CONTROL. 1 LS $ 5,000.00 $5,000.00 SANDBLAST EXISTING STRIPING 4,220 LF $ 0.30 $1,266.00 . PAINT 6i.BIKE/CART PATH I STRIPE 4,220 LF $ 0.50 $2,110.00 BIKE/CART PATH LEGENDS 8 EA $ 100.00 $800.00 BIKE/CART PATH SIGN AND POSTS 8 EA $ 200.00 $1,600.00 UNCLASSIFIED EXCAVATION AND REMOVALS 1 LS $ 10,000.00 $10,000.00 6' CURB AND GUTTER 400 LS $ 12.O0 $4,800.00 AC PAVING 5,000 SF $ 2.50 $12,500.00 SIGNAL MODIFICATION 1 LS $ 80;000.00 $80,000.00 TOTAL $123,076.00 PROJECT DESCRIPTION: PROVIDE AN 8' WIDE BIKE/CART PATH REPLACING THE EXISTING 6' WIDE STRIPED BIKE LANE:, REQUIRES SANDBLASTING THE EXISTING BIKE LANE STRIPE AND PAINTING THE NEW STRIPE. AND REPLACING EXISTING BIKE LANE SIGNS/LEGENDS WITH COMBINED BIKEICART SIGNS/LEGENDS. INDCLUDES LOCALIZED WIDENING AT THE S.E. CORNER REQUIRING STREET WIDENING AND A SIGNAL MODIFICATION .4 .i "n CITY OF LA QUINTA CITY. GOLF CART ROUTE PROJECT ENGINEER'S ESTIMATE FOR 2006CIP BUDGETIN13 PURPOSES PREPARED BY: NAI CONSULTING - March 29, 2006 - - EISENHOWER DRIVE FROM COACHELLA DRIVE TO WASHINGTON STREET PROJECT DISTANCE IS 0.80 MILES (4,220 FEET) . DESCRIPTION QUANTITY UNIT UNIT TOTAL ' PRICE PRICE i LS $ 20,000.00 $70,UW.00 _MOBILIZATION TRAFFIC CONTROL 1 LS $ 10,000.00 $10,0W.00 CLEARING AND GRUBBING - 1 LS $ 25.000.00 $25,000A0 UNCLASSIFIED EXCAVATION '3,750 CY $ IO.W $37,5W.00 REMOVE EXISTING 6' WIDE PCC.SIDEWALK . _ 25.320 SF $ 125 $31,650.00 CONSTRUCT 12' WIDE SIDEWALK/CART PATH 25,320 SF $ 3.50 $88,620.00 CONSTRUCT I2'WIDE SIDEWALK/CART PATH. WITH RETAINING CURB 25,320 SF $ 5.50 $139,260.00 HANDICAP/CART RAMPS 5 EA . $ 2,000.00 $10,000.00 REPLACE LANDSCAPING✓TURF 25,320 SF $ 4.00 $101,280.W ADJUST EXISTING UTIITIES._ - i LS $ 50.000.00 $50,000.00 TOTAL - - $513.310.00 PROJECT DESCRIPTION: - REMOVE THE EXISTING 6' W IDE SIDEWALK FROM COACHELLA DRIVE TO WASHINGTON AND REPLACE Cr WITH A 12' WIDE PATH ALLOWING 2 LANES REQUIRES REMOVAL AND REPLACEMENT OF EXISTING LANDSCAPING, PALM TREES AND TURF. MAY REQUIRE THE RELOCATION OR ADJUSTMENT OF EXISTING IID STRUCTURES. &A is City Council Minutes 11 ATTACHMEN I #L April 4, 2006 _ Council Member Osborne commented he hopes the three areas of marketing meet more often than not, and Ms. Carter stated ey work together very well. Ms. Casillas requested direction as to what areas should be added to this document: to make it more comprehensive. She noted sponsorships come up at various times throughout the year. Council Member Henderson in expenditures for marketing. ' organizations such as the La percentage that was used fj� was approved today for th i cat it would help to have last year's total e suggested including the amounts given to suggested Arts Foundation or asking them the marketing. She noted another sponsorship v Driver Car Control Clinic. Council Member Snif suggested making a list of focused areas, then determine: what is c ently going in those areas, and what might need to be added. Ms. Carter indi ted they can put a graph together if they have the amounts. Mr. Genov a stated staff will come back with a financial matrix as well as where th focus is. 3. DISCUSSION OF GOLF CART PLAN STATUS REPORT, STAGE 1, PHASE 1 FOR THE VILLAGE AND SURROUNDING AREAS. Community Development Director Evans and Consultant Nicole Criste presented the staff report. In response to Council Member Henderson, Ms. Criste stated the Eisenhower Drive improvements have been modified to accommodate a golf cart lane. Mr. Evans stated the area out to The Trilogy would connect through the multi -uses trail system. He noted it may be necessary to modify the trail design in the future to provide turnouts as multiple uses of the trail system increase. Council Member Henderson stated it's her understanding Phase One would connect the Village and Old Town with SilverRock and a variety of gated communities. She asked if those streets could be modified with striping. Mr. Evans stated there are some areas on Eisenhower Drive where the sidewalk and bike lanes will need to be widened. Ms. Criste confirmed the 2 J c City Council Minutes 12 April 4, 2006 new sidewalks at the Hidden Canyon development would have to be reconstructed. Mr. Nickerson confirmed there would also be some street and traffic signal modifications at the Avenue 50 intersection. In response to Council Member Henderson, Mr. Evans confirmed if Council decides to move forward with this, staff will need to come up with a funding program. He stated there may be some grant funds available but it probably would take several years to pull it together. Council Member Henderson noted all new streets will need to be designed to accommodate the program if it's approved. Mr. Evans indicated it shouldn't be a problem on major thoroughfares. Council Member Henderson commented residents will not be pleased if a section of Eisenhower Drive has to be torn up again. In response to Council Member Sniff, Ms. Criste stated off-street lanes will be 12 feet wide, and on -street lanes will be 8 feet wide. She noted streets in the Village would be marked with signage only and no special lane would be provided for golf carts. Council Member Sniff asked if a survey has been done, and what purpose would the golf carts be used for. Ms. Criste stated no survey has been done but there was discussion during the General Plan Update about air quality issues and the use of alternate transportation. Mr. Evans stated staff is recommending looking at a limited program. Although the intent is to try to reduce some of the parking and traffic issues in the Village, it will require an adjustment to address how vehicles mix on the same street with golf carts. The program is not mandated but he noted golf carts already are being used on the streets and some not appropriately. Council Member Sniff commented on the risks involved with mixing golf carts anti vehicles, and stated he feels the initial stage should be scaled down to the Village. He voiced concern about the costs and practically of the program. Council Member Osborne stated he likes the idea of putting more electric vehicles on the streets but doesn't feel the City is ready for the program at City Council Minutes 13 April 4, 2006 this time. He would prefer hearing from residents about the potential need, and using funding, that might be found, for the museum. Mayor Adolph questioned the legality of golf carts being on streets posted above 40 mph, and asked who would be responsible for monitoring the golf carts to make sure they are equipped properly. Mr. Evans stated staff will verify the information in the staff report but noted there is different licensing and regulations for electric vehicles. He indicated when golf carts are on the street, they have the same safety protection that bicyclists have. He noted motorists will become accustomed to mixing with golf carts; as the use increases. As for monitoring, he stated the City would have an inspection and permitting process. Mayor Adolph questioned most golf carts being street -equipped unless special ordered that way. He believes golf cart use will make it easier to park but is not sure the City is ready to do it at this time. He feels it would be a good amenity when SilverRock is completed. He noted Attachment No. 1 needs updating, and asked when the aerial map will be updated. Mr. Evans indicated the base data has been provided for the aerial map but the City has to convert it to GIS format. Council Member Kirk commented on the amount of resources put into the provision of a multi -purpose trail system, and stated this seems like a natural, marginal increase. He has never seen equestrian use of the trail system but noted golf carts are already being used illegally. He suggested not tearing up sidewalks at this time but rather starting with some of the easier elements such as signage and ordinance language. He stated he supports moving forward with the program. Council Member Henderson asked about the possibility of having a temporary program during the Arts Festival. Mr. Evans stated it would have to meet the established criteria. He suggested starting a golf cart program with primarily paint and signs and bringing back a tighter budget. He noted the program could tie in with SilverRock when the boutique hotel is built. Council Member Henderson noted the reduction cuts out some of the hard costs but would also reduce the success of the program because it limits the use. She feels a modified stage one should include the traffic signal improvements on Eisenhower Drive but avoid the bulb curb at Avenue 50. She agrees the City needs to find out if the program will work but feels there City Council Minutes 14 April 4, 2006 may be a big push to use golf carts in the Cove. She suggested the possibility of including the Bear Creek Bike Path. Council Member Osborne commented on the need to make sure the money is well invested, and suggested doing a survey to see how many residents would use: the program. In response to Council Member Osborne, Public Works Director Jonasson confirmed) the new Eisenhower bridge will accommodate the program. Council Member Kirk stated he feels if a survey is done it should include all alternative uses. He noted a survey wasn't done for equestrian use of the multi -purpose trail system, and feels more people will use golf cart lanes than horses using the multi -purpose trails. He also feels more people will say yes to a golf cart program in the survey than those that actually use it. Council Member Henderson suggested having staff come back with a modified program on a smaller scale with a dollar amount. Council concurred. Mr. Evans stated staff will also come back with the cost of doing a survey. Council Member Kirk suggested staff talk to the City of Palm Desert regarding the success of their program. Council recessed to Closed Session and until 7:00 P.M. 7:00 P.M. The City Council meeting as reconvened with no decisions being made in Closed Session which require repo mg pursuant to Section 54957.1 of the Government Code (Brown Act►. PUBLIC COMMENT — None PRESENTATIONS — None 433 REPORT/INFORMATIONAL ITEM: o2.0 COMMUNITY SERVICES COMMISSION MINUTES January 8, 2007 CALL TO ORDER A regular meeting of the Community Services commission was called to order at 5:33 p.m. in the La Quinta City Hall Study Session Room. Vice -Chairperson Sylk presided over the meeting and Commissioner Leidner led the Pledge of Allegiance. MEMBERS PRESENT: 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 Robert Ambriz Jr., Recreation Supervisor Tustin Larson, Recreation Supervisor Christina Calderon, Senior Center Supervisor Angela Guereque, Community Services Secretary PUBLIC COMMENT None. CONFIRMATION OF AGENDA Motion - It was moved by Commissioner Gassman and seconded by Commissioner Long to confirm the agenda. Motion carried unanimously. PRESENTATIONS_ — Greenplay LLC-Preliminary Findings for the Community Services Master Plan Survey, Benchmarking and Inventory, Karon Badalamenti, Principal and Ron Vine with Leisure Vision. Karon Badalamenti presented the Findings Document for the Community Services Master Plan. The Findings Document is a working draft document. This process included the involvement of the Community Services and Planning Commissions; focus groups; stakeholder meetings; staff interviews; statistically valid survey; tour 440 Community Services Commission Minutes January 8, 200/ -2- of the facilities and infrastructure; and creating a database and a map. The rest of the findings came from community demographics; national recreation trends; California recreation trends; statistically valid survey — mapping executive summary; administrative benchmarking and key measurements; and survey national benchmarking. A change in recreation patterns that California is seeing are the needs of 24/7 type of programming because of the lifestyles that people are leading now and having the emphasis being on lifelong learning and involvement. Californians are unique with emphasis on cultural, historic, nature, zoos, and museums. Trends from California State Parks indicated that from youth and adults the top three activities are swimming; walking for fun and fitness; and the use of outdoor open turf areas. Demographics from ESRI and John Husing are showing the same type of trends. La Quinta shows "Under 20" and "Over 55" are making up half of the population. Commissioner Gassman suggested that the dark blue box in the report be changed to read easier. The Administrative Benchmarking data included the surveying of Palm Desert, Palm Springs, Indio, and Coachella. What was beneficial out of this is we learned what some of these other communities are doing that can be a benefit when we start to look at our analysis and recommendations as a region and who's doing what and where we may be able to partner or work cooperatively with them. Director Hylton stated that this is important to know because Indio is looking at several indoor facilities and additional sports fields and parks. It is important to know who is planning for development in each City because we don't want to duplicate service levels. Commissioner Weber asked if the FTE (full time equivalent) is the staffing for the individual cities parks and recreation departments. Ms. Badalamenti stated that Parks & Recreation is different than Community Services so that is a hard thing to compare. Director Hylton stated that Palm Springs does not include their Senior Center in the FTE number. Palm Desert, Coachella, and Indio have programming that is done by the Coachella Valley Recreation and Park District to a greater degree than La Quinta. The median age in La Quinta is in the middle of the five cities, but the median household income is the highest of the five. It is significant to watch what has changed over the years in terms of the demographics. It appears that La Quinta has miles of bike routes, but they are not recreational trails (off -road). These are shared pedestrian bike lanes on the road. Director Hylton stated that the main place for off road biking is the Bear Creek Trail, which is 2.6 miles. These numbers are coming up very high for trails because people are asking for recreational (off -road) trails. 441 Community Services Commission Minutes January 8, 2007 -3- Chairperson Weber stated that the soccer field's number for Palm Desert is incorrect. The number for Palm Desert is 8. The composite scoring of the database inventory is scored from 1 to 3. 1 is below expectations, 2, is meets expectations, and 3 is exceeds expectations. The map itself locates where the components are and where existing inventory is. Some of the opportunities that we see in terms of facilities might be with the performing arts and the black box theatre; indoor fitness and exercise, there may be an opportu6ty to work with CVRPD to convert their building into meeting some of the fitness needs. There appears to be some capacity issues with fields. Director Hylton indicated we have usage from non-residents that impacts the capacity. The Sphere of Influence (SOI) surveys came back with slightly different priorities. When we start looking at using that data for annexation and development discussions, we can look to what the needs are today and what the needs are for the City in the future. The demographics of the SOI is about 65 and older. That will change as development occurs. Vice -Chairperson Sylk asked about the distribution numbers to the SOL Mr. Vine stated that 500 surveys were distributed to the SOI and 1,500 to the City. 391 surveys were returned from the City and 35 were returned from the SOL Distribution was done by a random sampling of the City. The survey was geocoded, which will give us the opportunity to see where the returns came from on maps. 19% of the surveys returned have participated in recreation programs offered by the City. This is a lower result than the national average. There is an unmet need for recreation programs. 88% of the participating households rated the quality of the programs as good/excellent. 2 out of 3 households say they have a need for walking & biking trails, small neighborhood parks, nature trails, nature centers, performing/cultural arts facilities, nature areas, large community parks, picnic shelters, and golf courses. About 48% of those surveys returned came from gated communities and 52% came from ungated. The highest unmet needs are for performing arts facilities, walking & biking trails, indoor fitness, nature trails, off leash dog parks, natural areas, picnic shelters, and small neighborhood parks. 40% of respondents said "my need is 100% being met." There are high unmet needs because there are more youth and more people under age 20 due to the changing community. Community Services Commission Minutes January 8, 2001 -4- The most important facilities to respondent households are walking & hiking trails, golf courses, small neighborhood parks, children's playgrounds, off leash dog parks, senior adult center, large community parks, and youth baseball/softball fields. When the analysis is started one of the first things to address are the top priorities. The top priorities in programs are fitness/wellness programs, community special events, senior adult programs, music programs, adult golf, adult art, dance, and performing arts. Potential improvements that respondents feel add the most value to the parks are shade trees/structures, restrooms, parking, and park lighting. 46% of respondents felt that Parks and Recreation Services are very important compared to other priorities for the City of La Quinta. When asked how respondents would spend their tax dollars, the top 4 choices would be to renovate/develop walking and biking trails; purchase land for open space; develop new indoor recreation facilities; and renovate/develop athletic fields for youth sports. When asked what the Community Services Department should pay the most attention to over the next 2 years the respondents chose maintenance of parks; number of walking/biking trails; number of parks; and senior programs. The next step in this Master Plan process will be to map out the recommendations for facilities; the top priorities for programs; marketing efforts; and address issues of park security. Commissioner Gassman commented on how impressed she is with the fabulous job GreenPlay is doiing. Commissioner L.eidner asked how the Sphere of Influence area comes into play in developing the Master Plan. Director Hylton stated that in addition to the survey done by GreenPlay, the Planning Department is doing a deficiency study on the area to look at not only Parks & Recreation, but to look at streets, fire and police, and all of the infrastructure needs and then come up with a plan. Chairperson Weber asked when the joint meeting with the Planning Commission will be held. Director Hylton stated that she will be talking to the Community Development Director about scheduling this joint meeting in either February or March 2007. ,, 4 3 Community Servic(-,,s Commission Minutes January 8, 2001 -5- APPROVAL OF MINUTES 1. Approval of December 9, 2006 Minutes Commissioner Gassman stated on Page 3, first paragraph under Study Session, there should be a colon after Senior Center, remove the parenthesis before Spirit, and replace the commas with semicolons. Chairperson Weber stated on Page 6, first paragraph should read "versions if space." 2. Approval of December 11, 2006 Minutes No changes. Motion — It was moved by Vice -Chairperson Sylk and seconded by Commissioner Gassman to approve the minutes as corrected. Motion carried unanimously. CONSENT CALENDAR None. PUBLIC HEARING None. BUSINESS ITEMS None. CORRESPONDENCE AND WRITTEN MATERIALS 1. Monthly Department Report for November 2006 Chairperson Weber stated that the Monthly Revenue Report totals for 2005 Facility Rentals are not calculated correctly. Commissioner Long questioned why the numbers are down at the Senior Center. Director Hylton stated that there are fewer bridge programs and there are fewer classes being offered. Commissioner Gassman stated that the information requested for new instructors is quite extensive and suggests streamlining those requirements. 2. Calendar of Monthly Events Chairperson Weber requested attendance at the Pillars of the Community. Commissioner Gassman stated that the La Quinta Historical Society Gala will be held on February 18, 2007. 1 � ., It a Community Services Commission Minutes January 8, 2007 6- 3. Senior Center Monthly Luncheons & Special Events COMMISSIONER ITEMS 1. Reports from Commissioners Regarding Meetings Attended. ADJOURNMENT It was moved by Vice -Chairperson Sylk and seconded by Commissioner Leidner to adjourn the Community Services Commission meeting at 7:30 p.m. Motion carried unanimously. NEXT MEETING INFORMATION: A Regular Meeting of the Community Services Commission to be held on February 12, 2007 commencing at 5:30 p.m. in the La Quinta Civic Center Session Room, 78-495 Calle Tampico, La Quinta, CA 92253. Community Services Secretary REPORT/INFORMATIONAL ITEM: oZ % MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA January 9, 2007 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was reconvened 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, Assistant City Attorney Michael Houston, Assistant Planner Jay Wuu, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: None. V. PUBLIC HEARINGS: A. Street Vacation of a Portion of Public Utility Easement located within Desert Club Tract Unit 4; a request of the City to vacate a potion of Main Street north of Avenida La Fonda for Nispero Properties. 1 . Chairman Quill opened the public hearing and asked for the staff report. Staff asked that the item be continued to allow staff time to notify all the adjacent property owners. 2. There being no questions, it was moved and seconded by Commissioner Daniels/Barrows to continue Street Vacation 2006-043 to January 23, 2007. B. Site Development Permit 2006-877; a request of Adobe Holdings, Inc. for consideration of architectural and landscaping plans for four prototypical residential plans and common areas for the Village at Coral Mountain located within Tract 31249 on the south side of avenue 58, '/2 mile west of Madison Street. O G:\WPDOCS\PC Minutes\2007\1-9-07.doc Planning Commission Minutes January 9, 2007 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 Engle asked if the occupants of the two-story units would they be able to see in the backyards of the adjacent tract. Planning Manager Les Johnson stated no and explained the orientation of the units in relation to the adjacent project. Discussion followed regarding the orientation of the units. 3. Commissioner Barrows asked about the water calculations in regard to the water features. Staff stated it met the requirements. 4. Commissioner Alderson asked if the water features at the entrance were separate pools. Staff stated they were separate. Commissioner Alderson stated the plan does not show the units identified on the lots. He also asked for clarification on whether or not the second access was an entrance. Staff stated that it was an exit only. Commissioner Alderson asked about the third "garage" and "pool house". Staff clarified the "pool house" will not be used as a living quarters and each unit does have a separate casita. 5. There being no further questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. Bob Rippe, representing the applicant, gave a brief history of the project. 6. Commissioner Alderson asked if the trims were to be all the same. Mr. Ed Rippe, Project Manager, stated this is still being determined. 7. Commissioner Barrows stated she would like to see the water features reduced or one eliminated. Mr. Jose Estrada, landscape architect, stated they have received approval from CVWD because of the amount of drought tolerant plant material they were using. They did eliminate one pond from the southwest portion of the site. Commissioner Barrows asked if there would be any problem with eliminating one of the water features. Mr. Estrada explained the importance of the water features to the project. 4, •+'i a7 2 Planning Commission Minutes January 9, 2007 8. Commissioner Engle asked how much water they would hold. Mr. Estrada stated he did not have those figures. 9. Commissioner Daniels asked what alternative they would use, if they did not have the water features. Mr. Estrada made some suggestions. 10. Chairman Quill suggested the pools be reduced and concentrated on the west side to reduce the costs and amount of water to be used. 11. Commissioner Alderson stated he did not have an objection to the front water feature and would suggest the elimination of the interior lake. Mr. Rippe stated they have eliminated any turf in the retention basins and added the water feature to create an interest at the entry. They do not have the draw of a golf course and the lakes are a feature for this project. 12. There being no further discussion or other public comment, Chairman Quill closed the public participation portion of the hearing. 13. Commissioner Alderson asked if the precise grading plan would come to the Commission. Community Development Director Doug Evans stated no. 14. Commissioner Barrows stated she would like to see one of the water features eliminated even though they have made great effort to use drought tolerate material. 15. Commissioner Daniels stated he too compliments the applicant on the amount of drought tolerant material, but believes a water feature could be eliminated or reduced. 16. There being no further discussion, it was moved and seconded by Commissioner Alderson/Engle to adopt Planning Commission Resolution 2007-001 approving Site Development Permit 2006- 877, as recommended and amended: a. Condition 26. Any residential units built on the southern and eastern project boundaries of Site Development Permit 2006-078 shall be constructed in accordance with the specific unit plans identified in said Site Development i} 3 Planning Commission Minutes January 9, 2007 Permit, and subsequent precise grading plans. Any changes or modifications to the approved units shall require Planning Commission approval. b. Condition added: The applicant shall work with staff to eliminate or reduce the water features. ROLL_ CALL: AYES: Commissioners Alderson, Barrows, Daniels, Engle, and Chairman Quill. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEM: A. Image Corridor Determination; a request of the City for a determination on applicability of Image Corridor Development Standards in the Special Purpose Districts. 1 . Chairman Quill asked for the staff report. Planning Manager Les Johnson presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Quill asked why this was before the Commission. Staff explained how the proposed La Quinta Country Club clubhouse plans brought this to the City's attention. 3. Commissioner Alderson asked if there were any other locations where else this could occur. Staff stated none that are known currently. The Country Club could request a variance to their specific plan, but staff was bringing it before the Commission for their direction. 4. Chairman Quill stated it is a non -issue to him and would agree with establishing the height limit as it is in other areas. Staff confirmed the Country Club would be able to obtain the changes by virtue of their specific plan. The purpose of the amendment is for consistency. 5. There being no further discussion, it was moved and seconded by Commissioners Daniels/Barrows to direct staff to move forward with the amendment. Unanimously approved. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: 413 4 Planning Commission Minutes January 9, 2007 A. Commissioner Barrows gave a report of the City Council meeting of December 19, 2006. B. Community Development Director Doug Evans informed the Commission of a workshop with the Vista Santa Rosa Task Force on Wednesday, January 10, 2007, at 2:00 p.m. C. Staff informed the Commission that Principal Planner Fred Baker had resigned to take a position in Apache Junction as a Planning Manager. His last day would be January 19, 2007. D. Commissioner Barrows asked staff to update the Commission on the Dark Sky Ordinance. Staff explained the process that had taken place and that the Lighting Ordinance was being revised to make it easier to implement and interpret. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Alderson/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on January 23, 2007. This meeting of the Planning Commission was adjourned at 7:55 p.m. on January 9, 2007. Respectfully submitted, Bet �yer, Executive Secretary City of La Quinta, California y�T W MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA January 23, 2007 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 Barrows 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, City Attorney Kathy Jenson, Planning Manager Les Johnson, Principal Engineer Ed Wimmer, Principal Planner Wallace Nesbit, Assistant Planner Yvonne Franco, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: A. Mr. Robert Ancker, 51-300 Calle Hueneme, asked the Commission to address the setback issue in the Cove area. This item had been brought before the Commission and staff was directed to start the process some time ago. He is unable to complete the work on his house and pull permits until this issue is decided. Staff stated the time frame should be April before this amendment could be approved. Chairman Quill asked if he would be able to submit his house plans for plan check till this process took place. Staff stated they would work with the Building and Safety Department to see what could be done. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Quill asked if there were any changes to the Minutes of January 9, 2007. There being no changes, it was moved and seconded by Commissioners Daniels/Alderson to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: 0 ;ment 2006-579 3060, and Site D1 451 G:\WPDOCS\PC Minutes\2007\1-23-07.doc Planning Commission Minutes January 23, 2007 a request of Laing Luxury Homes for consideration of development standards and guidelines for the development of 74 single-family homes, the subdivision of 28.33 acres into 74 residential lots as well as lots for private streets, retention basins, open space and recreation, and a site development permit to allow the construction of 74 single- family residential homes, for the property located on the northwest corner of Washington Street and Avenue 48 (extended). 1 . Chairman Quill opened the public hearing and asked for the staff report. Planning Manager Les Johnson 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 Engle asked if Washington Street would be widened with this project. Staff stated there is no proposal to widen with the exception of a deceleration lane. 3. Commissioner Daniels asked if the Commission had ever reviewed a project where multiple suites were proposed on a single residential lot. Staff stated yes, such as The Tradition. Staff went on to explain some examples. Commissioner Daniels asked if staff was recommending any amenities be added by the applicant. Staff stated they had identified some items for their consideration in the staff report. Something that would be in harmony with their development that is more than an open area at one end of the project. Community Development Director Doug Evans stated earlier discussions had taken place for active recreation. Commissioner Daniels stated concern had been raised that there be no blasting of the mountain. Staff stated there will be no activity on the adjacent property and there would be no blasting of the mountain. 4. Commissioner Barrows asked what will happen on the sand dune. Staff stated most of the sand dune is on the open space. There is a small area where the three tier wall will be constructed. In order for them to grade and utilize the property it does require the three tier wall which will require some earth work at the base of the dune. Commissioner Barrows asked if there were any conditions relative to keeping the sand from moving from the adjacent property. 5. Commissioner Alderson asked if the Big Horn Sheep Habitat was protected within the Specific Plan. Staff stated it was. ^'?� 2 Planning Commission Minutes January 23, 2007 Commissioner Alderson asked if staff recommendation was based on there being a resolution with the Church to the north. Staff stated if the access agreement with the Church is not resolved it will require a redesign of the project and would allow only one access, which would be a right-in/right- and would require a secondary emergency access. Commissioner Alderson noted the cost of the signal will vary depending on whether or not this access is resolved; will there be a signal at the main entry with a four-way signal and none at the north end? Staff stated just the opposite. The signal will be a shared access with the Church to the north. Commissioner Alderson asked about the condition regarding the 15-toot front yard setback for the Hacienda unit garages and questioned if it should read 20 feet. Staff stated Site Development Permit Condition No. 20 would be amended to say "perpendicular". 6. Chairman Quill asked if there was a five foot setback on both the front, rear, and side yards. Staff stated that was correct. Chairman Quill stated his concern about the slopes on the Church property that could not be graded which will cause some problems with the tract drainage. Principal Engineer Ed Wimmer stated the applicant has told staff there is a cooperative agreement with the Church to allow them to submit "At Risk" plan checks. Staff has reviewed the plans based on this information. Community Development Director Doug Evans stated that because of the amount of encroachment onto the Church property, if this plan does not work, it will require a new map. Chairman Quill asked the distance between this signal and the one at Avenue 48, and the one to the north. Staff stated the signal at Lake La Quinta Drive is in the City's program. He does not know the exact distance between the signals. Laing is required to pay 25% of the cost of this signal. If the access with the Church is not successful, Laing would still pay 25% of the cost of the signal. Chairman Quill asked about the retention basins. Staff stated they are required to dissipate all water within 72 hours. Chairman Quill asked if all the signals between Eisenhower Drive and Highway 111 will be coordinated. Staff stated the Public Works Department is working on a Master Plan for the entire City. Chairman Quill asked the difference between this project and the Foxx project. Staff noted the pad elevations is the greatest change. Drainage issues were discussed further. 111 Planning Commission Minutes January 23, 2007 7. Commissioner Barrows asked if the sidewalk as designed would allow bicycle travel. Planning Manager Les Johnson stated the sidewalk will be expanded to 12 feet to accommodate a golf cart. This is different than the sidewalk in front of Laguna de la Paz which is eight feet. 8. Commissioner Alderson asked if the determination had been made whether or not there will be a bus stop at this location. Staff stated it is at the discretion of Sunline Transit. 9. There being no further questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. A. J. Jarvis, representing the applicant, gave a presentation on the project. He did state that all issues had not been resolved with the Saint Francis of Assisi Church. They would like to discuss Condition 52. The site is as low as it can be. This map is lower than the previously approved map. It should have a minimal impact on the adjacent Laguna de la Paz tract. They are requesting relief from this condition. The second Condition is the elevation of the slope and fence along Washington Street. They request to have the 12 foot height. There are setback and if the wall and berm height are reduced the homes will be able to see traffic along Washington Street. Lastly, there is an open fence facing Laguna de la Paz and they would like to request a four foot fence on top of a four foot berm to protect the view for Laguna de la Paz. 10. Commissioner Alderson asked if they were intending to install an additional fence adjacent to the existing fence with Laguna de la Paz. Mr. Jarvis stated they intend to remove the existing wall and build the new one. Their property is lower; this site is three to nine feet above the adjacent property. 11. Chairman Quill asked how the drainage was to be handled along this wall. Mr. Jarvis stated they believe there is very little drainage and if any part of the slope fails, they will replace it. 12. Commissioner Alderson asked staff's opinion of the perimeter fence and berm. Staff's opinion was that the wall height was too high. Commissioner Alderson stated that if the wall was lowered he would also want the tower lowered. Mr. Jarvis stated they would want the tower to be in scale with the wall. 4:)4 0 Planning Commission Minutes January 23, 2007 13. Commissioner Barrows commended the applicant on the design of the project. In regard to the west side of the project, is the wall system going to address the sand dune. Mr. Jarvis stated it will be disclosed to the buyers. They are confident there will be no problems due to the amount of drought tolerant plant material they intend to use. Commissioner Barrows asked the applicant to elaborate on the energy efficient design. Mr. Jose Welty explained the Energy Star Program they intend to use. 14. Chairman Quill asked where they were in negotiations with the Church. Mr. Jarvis stated they anticipated the Church would build first. Unfortunately, the Church is not as far along with their plans as they are on their plans and they do not know when the Church will be ready. Their intent is to resolve the issues with the Church. Chairman Quill asked how they intend to install the easement. Mr. Jarvis stated they intend to use the alleyway. He went on to explain where they would be installed. Chairman Quill asked about the plant palette along Washington Street. The landscape architect identified there would be turf between the sidewalk and curb. The remainder will be drought tolerant planting. 15. Chairman Quill asked if there was any other public comment. Mr. Art Drazy, Laguna de la Paz homeowner, stated he agreed with the Commission that the height of the wall should' be reduced. 16. Mr. David Prest, Prest Vuksic Architects, architect for the Church stated they are concerned with the grading to accommodate the grade change on the Laing property. They intend to stay close to the existing grades. In regard to access, they would prefer not to enter into an agreement for an access. 17. Chairman Quill asked why St. Francis was against the joint access with a signal. Mr. Prest stated that looking at the site plan, it was determined that anyone wanting to go north would use the northerly access and it would become the primary access. Secondly, the design of the primary access has several issues including the turnaround space. 18. Commissioner Alderson asked if the secondary access would help them with the grade differences. Mr. Prest stated the two issues are not related. They anticipate their future development will stay with the existing grade. „ 4 5- 5 5 Planning Commission Minutes January 23, 2007 19. Commissioner Daniels asked the timeframe of the Church development. Mr. Prest stated the parking lot is currently in the City for review with a retention basin along Washington Street, and removal of the frontage street. This should be done sometime this year. 20. Chairman Quill asked if Mr. Jarvis would like to address these concerns. Mr. Jarvis stated they are concerned that the Church has changed their site plans. If they do not allow them to grade on the Church property they would like to construct the retaining wall similar to the retaining wall at the west property line. 21. Commissioner Alderson asked about Condition 21. If the applicant were to redesign the map with a secondary access for emergency access only, the condition would need to be changed. As currently designed, a moving van would not be able to make it in and out of the main entryway. Mr. Prest stated that given their choice the Church would prefer not to have the shared access. 22. Chairman Quill stated the sensible right thing to do is to have the four-way access and he would hope the Church would consider it. 23. Commissioner Alderson stated that until this decision is made, it is hard to approve this project as submitted. 24. Commissioner Barrows clarified staff's recommendation for the wall was eight feet. Staff stated that was correct. Commissioner Barrows asked if the height of the tower is 28- feet. Staff stated the tower is identified in the Specific Plan at 28 feet. If the Commission wants to change the height, a condition would need to be added to the Specific Plan. Commissioner Barrows asked that a condition be added that no turf be used between the sidewalk and wall. 25. Commissioner Daniels stated his concern regarding the grading. 26. Chairman Quill asked if they do not obtain grading rights from the adjacent property owner, what is their alternative? City Attorney Kathy Jenson stated an alternative would need to be provided. You have an unrealistic elevation plan before the j Commission. If they cannot satisfy the condition, they will not C Planning Commission Minutes January 23, 2007 be able to final the map. The Commission can provide two alternatives for the approval. 27. Commissioner Daniels commended the applicant on the design of the project. He supports lowering the berm. Community Development Director Doug Evans stated they were unaware of the problem between the two property owners in regard to the grading issues. 28. Chairman Quill stated there appears to be enough issues that cannot be resolved that he would prefer to continue this item. He would like to confirm that there will be no turf off of Washington Street, the height of wall shall be eight feet from the top of curb off Washington Street. He would request the applicant and the Church get together to resolve this issue or return with a grading plan to resolve the issue. Community Development Director stated the grade differential in some places may be as high as 20 feet on the north property line. The Commission could approve the project with stipulations to meet staff's recommendation. Mr. Jarvis stated he believes they could build a two tier retaining wall to meet staff's approval. 29. There being no further discussion or other public comment, Chairman Quill closed the public participation portion of the hearing. 30. Chairman Quill stated the shared access is very important to him. He asked if there were a way to encourage the Church to allow the access. Community Development Director Doug Evans stated there should be the ability to work with the Church during the site development permit process to resolve the problem on the access. The challenge will be the timing. 31. There being no further discussion, it was moved and seconded by Commissioners Engle/Daniels to adopt Planning Commission Resolution 2007-002 recommending certification of a Mitigated Negative Declaration for Environmental Assessment 2006-579, as recommended. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Engle, and Chairman Quill. NOES: None. ABSENT: w None. ABSTAIN: None. .r;J 7 Planning Commission Minutes January 23, 2007 32. It was moved and seconded by Commissioners Engle/Barrows to adopt Planning Commission Resolution 2007-003 recommending approval of Specific Plan 2006-081, as recommended and amended: a. Condition 3.a. The Specific Plan shall be amended to allow for the Hacienda units to have a minimum front yard building setback of 15 feet except for garages, which shall have a minimum front yard setback of 20 feet. Garages oriented parallel to the fronting street shall have a minimum front yard setback of 15 feet. b. Condition 3.f. added: All reference made to the entry tower height exceeding 22 feet shall be removed limiting the building height to a maximum of 22 feet. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Engle, and Chairman Quill. NOES: None. ABSENT: None. ABSTAIN: None. 33. It was moved and seconded by Commissioners Barrows/Alderson to adopt Planning Commission Resolution 2007-004 recommending approval of Tentative Tract Map 35060, as recommended and amended: a. Condition 21. Replace with: In the event that the applicant is unable to secure access easement with Saint Francis of Assisi Church, Tentative Tract Map 35060 shall be redesigned to provide a secondary emergency access and egress as approved by the Riverside County Fire Department. Additionally, ingress and egress at the Primary Entry shall be provided for a 45-foot minimum design turning radius moving van as approved by the Community Development Department and Public Works Department. b. Condition 26.A.2. Replace with: The applicant shall install the traffic signal at the proposed shared access drive at the Washington Street/Lake La Quinta Drive intersection. The applicant is subject to a maximum of 75% reimbursement from available funds in the City's Development Impact Fee Program for the cost to design and construct the traffic signal. The applicant shall enter into a DIF Reimbursement Agreement with the City of �a ., Cj ) Quinta concurrent with the Subdivision Improvement D Planning Commission Minutes January 23, 2007 Agreement for the Final Map for the amount specified in the DIF Program in effect at the time the traffic signal is accepted b the City Council. Associated with the traffic signal installation, the applicant shall install all necessary traffic signal equipment and appurtenances to interconnect the proposed traffic signal with the existing traffic signals at the Washington Street/Avenue 48 and Washington Street/Avenue 47 intersections. The traffic signal shall be designed for an eight phase operation as split phasing is undesirable. C. Condition 26.C. Add the following: In the event that the applicant is unable to secure access easement with Saint Francis of Assisi Church, Tentative Tract Map 35060 Items 1. and 2. shall not be applicable. d. Condition 35.1. Add the following to the second to last paragraph: The accessibility requirements pertain to any public accessible facilities to include model homes and recreational amenities provided for the development and not to single-family residences excluding model homes. e. Condition 42. Amend second paragraph to read: Of -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements including the traffic signal at the Washington Street and Lake La Quinta Drive/proposed shared access drive intersection in the first phase of construction or by the 20% Building Permit (15t' home). f. Condition 52. Replace with the following: Building pad elevations of perimeter lots shall not differ by more than on foot higher from the building pads in adjacent development, particularly along the southerly boundary. Therefore, the applicant shall redesign the southerly portion of the development to conform with the aforementioned condition or submit an approval letter from the Laguna de la Paz Homeowners' Association accepting the grade differential shown on the approved Tentative Tract Map 35090, or as approved by the City Engineer and Community Development Director. g. Condition 54. Replace with the following: Prior to any site grading or regarding that will raise or lower any pad elevations by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the- .r! proposed grading changes to the City for a substantildl- V conformance review. W Planning Commission Minutes January 23, 2007 h. Condition 56. Replace with the following: The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 01-015 — Underground Retention Basin Design Requirements, unless otherwise approved by the City Engineer. More specifically, stormwater falling on the site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the three hour, six hour or 24 hour event producing the greatest total run off. The tributary drainage area shall extend to the centerline of adjacent public streets and shall also accept upstream tributary flows for this regional sag location on Washington Street. Stormwater handling for Washington Street may require additional drainage facilities to be constructed. i. Condition 58. Replace with the following: In design of retention facilities, the percolation rate will be considered to be zero, unless otherwise approved by the City Engineer. j. Condition 59: Deleted k. Condition 62. Replace with the following: For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-016 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems, unless otherwise approved by the City Engineer. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin, unless otherwise approved by the City Engineer. I. no turf between curb and sidewalk. M. Condition added: retaining wall that meets the City approval. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Engle, and Chairman Quill. NOES: None. ABSENT: None. ABSTAIN: None. 4163 10 Planning Commission Minutes January 23, 2007 34. It was moved and seconded by Commissioners Daniels/Alderson to adopt Planning Commission Resolution 2007-005 recommending approval of Site Development Permit 2006-873, as recommended and amended: a. Condition 20. The Hacienda units shall have a minimum front yard building setback of 15 feet except for garages, which shall have a minimum front yard setback of 20 feet. Garages oriented parallel to the fronting street shall have a minimum front yard setback of 15 feet ROLL_ CALL: AYES: Commissioners Alderson, Barrows, Daniels, Engle, and Chairman Quill. NOES: None. ABSENT: None. ABSTAIN: None. B. Continued - Street Vacation 2006-043 a Portion of Public Utility Easement located within Desert Club Tract Unit 4; a request of the City to vacate a potion of Main Street north of Avenida La Fonda for Nispero Properties. 1. Chairman Quill opened the public hearing and asked for the staff report. Principal Engineer Ed Wimmer presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Chairman Quill asked if there were any questions of staff. There being no questions of staff, the applicant, nor any public comment, Chairman Quill closed the public participation portion of the hearing. 4. There being no further discussion, it was moved and seconded by Commissioner Daniels/Alderson to adopt Planning Commission Resolution 2007-006 approving Street Vacation 2006-043, as recommended: ROLL. CALL: AYES: Commissioners Alderson, Barrows, Daniels, Engle, and Chairman Quill. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEM: A. Notice of Public Nuisance Case No. 2006-5204; a request of Jeffrey 461 S. and Ardis L. Manning for an appeal of a Public Nuisance regarding the violation of a recreational vehicle encroaching on the City right-of- 11 Planning Commission Minutes January 23, 2007 way without a permit, parking in a location not zoned for vehicular parking, being improperly stored on a residential property, and a patio cover that violates the exterior side yard setback for the property located at 52-715 Avenida Navarro. 1. Chairman Quill asked for the staff report. Staff asked the Commission to continue this item to its meeting of February 13, 2007. 2. There being no discussion, it was moved and seconded by Commissioners Daniels/Alderson to continue Public Nuisance Case No. 2006-52 to February 13, 2007. Unanimously approved. B. Sign Application 2006-1073; a request of Ultrasigns Electrical Advertising for consideration of a business identification sign for PETCO to be located on the north side of Highway 1 1 1, west of Adams Street, within the One -Eleven La Quinta Shopping Center. 1. Chairman Quill opened the public hearing and asked for the staff report. Assistant Planner Yvonne Franco 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 Engle asked why the applicant did not follow the permit process. Staff clarified they installed the sign while working with staff for approval. A double fee penalty will be applied to the permit when issued. 3. Commissioner Alderson asked how far they were over the Code requirement. Staff explained they have worked with applicants to reach a norm that works. 4. There being no further questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. Howard Hough, representing Ultrasigns Electrical Advertising, apologized for circumventing the processing procedure and explained how it happened. They would suggest removing the logo to have 80 square feet. 5. Commissioner Daniels asked why they were moving the sign down behind the tree. Mr. Hough stated the grooming department is on the right side of the store. 4 v 12 Planning Commission Minutes January 23, 2007 6. There being no further discussion or other public comment, Chairman Quill closed the public participation portion of the meeting. 7. There being no further discussion, it was moved and seconded by Commissioners Barrows/Daniels to adopt Minute Motion 2007-001, approving Sign Application 2006-1073, as recommended. Unanimously approved. C. Sphere of Influence — Riverside County SOI-R-02 Tentative Tract Map 34536-Joe Birdsell (County Application); Planning Commission review and comment on a project proposed in the City's North Sphere of Influence located at the southwest corner of Darby Road and Adams Street. 1. Chairman Quill opened the public hearing and asked for the staff report. Principal Planner Wallace Nesbit 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 if the 25 foot setback along Darby Road and Adams Street was the rear yard. Staff stated Starlight Dunes was, originally approved by the City when the zoning was similar to County standards. If this project were proposed in the City, they would be required to widen the street and have a 20-foot rear yard setback. Commissioner Alderson asked the material to be used on the roof. Staff stated it is tile. 3. There being no further questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. Douglas Birdsall, representing the applicant stated they were available to answer questions. Mr. Art Gardner, engineer for the project, stated the alleyway continuing east along Darby Road will be redesigned with the development of the tract to the north. It will be a T-intersection, but modified. 4. There being no further discussion or other public comment, Chairman Quill closed the public participation portion of the meeting. }J 13 Planning Commission Minutes January 23, 2007 5. There being no further discussion, it was moved and seconded by Commissioner Daniels/Alderson to adopt Minute Motion 2007-002 confirming staff's recommendations. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMIS&ONER ITEMS: A. Discussion regarding the Minor Use Permit process. Staff informed the Commission that staff is preparing an Amendment to change this process. B. Report on the City Council meeting of January 16, 2006. C. Chairman Quill asked if the City was submitting a letter on the Avenue 62 project. Staff stated the City was submitting a letter and has requested a copy of the traffic study. D. Staff informed the Commission of the next Vista Santa Rosa Community Workshop on February 3, 2007 at the La Quinta Senior Center. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Alderson/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on February 27, 2007. This meeting of the Planning Commission was adjourned at 10:01 p.m. on January 23, 2007. Respectfully submitted, Bet J S yer, Executive Secretary City of a Quinta, California t:rA 14 REPORT/INFORMATIONAL ITEM: a , MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Rescheduled meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA January 17, 2007 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 2:04 a.m. by Planning Manager Les Johnson. B. Committee Members present: Bill Bobbitt, Frank Christopher and Tracy Smith. C. Staff present: Planning Manager Les Johnson, Principal Planner Fred Baker, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. II. CONFIRMATION OF THE AGENDA: A. Staff noted the changes to the Agenda. It was moved and seconded by Committee Members Bobbitt/Christopher to approve the Agenda as corrected. IV. CONSENT CALENDAR: A. It was moved and seconded by Committee Members Bobbitt/Smith to approve the Minutes of December 6, 2006 as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Site Development Permit 2006-876• a request of Laing Luxury Homes for consideration of architectural and landscaping plans for prototypical residential plans for use in Tentative Tract 35060 for the property located on Washington Street and north of Avenue 48 terminus. 1. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Josh Welty, representing Laing Luxury Homes, who gave a presentation on the project. Other project presenters were A. J. Jarvis and Ginny Kerr of Laing Luxury Homes, Mikael Evdokiou of Robert.: J J o%miannrcini ar%1_17_n7 nnr Architecture and Landscaping Review Committee January 17, 2007 Hidey Architects, and Mark Lenning and Travis Ebbert of The Colabrative West 2. Committee Member Smith asked how much of the retaining wall that would be used for the mountain, would be visible from Washington Street. Staff stated you would not be able to see the wall. 3. Committee Member Christopher asked how this parcel would be affected by the parcel to the west in regard to access if that tract were to be developed. Staff stated the upper parcel was deed restricted "Open Space" in favor of the City. There have been preliminary discussions with the applicant in regard to what could be done. Ultimately, whatever is proposed for that parcel will be done in conjunction the City. At present there is no proposal. Planning Manager Les Johnson stated that should there be an allowance for development, there is potential for access through this tract. 4. Committee Member Smith asked if there would be any off -site grading into the higher parcel. Mr. Welty stated none. 5. Committee Member Christopher asked if there was a grade height between the front units and the units right behind them. Mr. Lenning stated no difference. Staff stated they were proposing mounding adjacent to Washington Street and staff was requesting it be no more than eight feet. In addition, the Public Works Department is requesting a 3:1 slope on the inside of the wall. 6. Committee Member Bobbitt asked when the traffic light would be installed. The applicant stated it was to be constructed with the tract. Staff stated it would probably be conditioned to be installed when a certain number of homes are completed. 7. Committee Member Christopher asked the pad height of the bungalows. Mr. Welty stated 28 feet at the peak. Mr. A. J. Jarvis explained the height and Image Corridor issues. Committee Member Christopher asked why they were not using a hip roof product. Mr. Evdokiou stated it was not indicative to the style. Hipped elements are straying from the style they wanted. They are also getting away from the rotundas as they are being overused. Committee Member Christopher stated he agrees with staff's recommendations. The perimeter wall is a lot of wall mass. If the accents were added at the end of the i rj i3 r.-M/Pnnrc%ei nnr 2 Architecture and Landscaping Review Committee January 17, 2007 wall units, of termination points, to anchor the wall (randomly separated) it would help. If the final landscape plan includes everything that is shown on the elevation, it will help with the approval of the project. Mr. Welty stated there are a number of Palo Verde trees that are being preserved from the existing site. Some of those trees are in excess of 60-inch boxes so they are confident in the final look. 8. Committee Member Bobbitt stated what is going to be the most important to the citizens of La Quinta will be the streetscape. It is important that the final product look like what is being presented. Staff stated they were recommending more staggering on the openings along the perimeter wall. Committee Member Bobbitt asked if a study had ever been done regarding erosion of the mountains. Mr. Jarvis stated they do have a rock fall report being prepared. Mr. Welty stated the summary of the report does not have an exceeding risk of fall. Staff noted that usually the rock fall report will ask for a significant setback or even a rock fall fence. This project does have a significant setback and should not be affected. Committee Member Bobbitt asked what type of drainage or retention diversion is planned for the tract. Mr. Welty stated the watershed from the mountain will be caught and dropped into a V-ditch and ultimately empty into the storm drain system. Committee Member Bobbitt asked about the decomposed granite (DG) along the walking paths, will there be header boards. It has been found that the header boards or poly_ warp and the DG do not stay on the path and become unsightly. He would suggest the composite header boards be used and the screws used should be nut and bolted together with 18-inch stakes or concrete curb. When you are grading reduce the slope where the DG will be placed to keep it on the slope. Another issue is the use of wood garage door as they tend to deteriorate rapidly 9. Committee Member Christopher stated there are fiberglass doors that are fabricated to look like wood that would work a lot better. 10. Committee Member Bobbitt asked what the interior area of the bungalows will be. Mr. Welty stated it is a courtyard area and explained this will be landscaped by the homeowner. 11. Committee Member Christopher asked if landscape packages `` i J 7 would be offered. Mr. Welty stated yes. raAmmnnrciei ani.n_m nnr 3 Architecture and Landscaping Review Committee January 17, 2007 12. Committee Member Bobbitt asked about guest parking as there does not appear to be a lot. Staff noted there is on -street parking to alleviate the problem. 13. Staff noted the landscape palette was selected from CVWD list and staff is concerned about two species: Afgan and Pepper trees. Committee Member Smith stated he is concerned that the Washington Street trees not all be deciduous. As far as the interior, it doesn't matter. Mr. Lenning stated he does not know how many they will have, but they do intend to use the existing Palo Verde trees. 14. Committee Member Bobbitt noted the trees that will not stand up to the wind. The applicant stated the evergreen tree will be mixed in to strengthen the streetscape. Ironwood and Shoestring Acacia are suggestions. They do intend to preserve 50 of the existing trees with the majority being transplanted to Washington Street. 15. Committee Member Christopher stated they have had discussions with Council that 36-inch boxes be the minimum size planted. 16. Committee Member Smith stated the olive tree should be the fruitless olive. 17. Staff noted the wall will not be undulating, but the top of the wall will remain at 12 feet. Mr. Jarvis explained how the wall would be constructed and made sure it was setback, undulated and meandering to ensure the homes would not be looking directly onto Washington Street. He ensured the Committee that the landscaping would be extensive to hide the wall, because it is a very sensitive issue to the development. The pads cannot be dropped any further and it is the only solution they have to protect the views from the homes. Staff stated they believe the units are setback far enough that with the landscaping they will be screened. 18, Committee Member Christopher suggested it be staggered between 10 and 12. Staff stated they understand the applicant's position, but the City is sensitive to not create visual barriers or berms to accommodate their interests. Even though staff does not think this will be similar to past projects that, have created issues, this will be the last wall along Washington t J Street. r-MlPnnrQ\AI ar%i_izm nnr 4 Architecture and Landscaping Review Committee January 17, 2007 19. Committee Member Smith asked what the height would be if the slope were reduced to a 3:1 on the inside. Mr. Jarvis stated it would move the wall out closer to Washington Street. It will also affect their retention area. They do not believe it will be a visual barrier and believe they can make it work with the 12 foot wall. Mr. Welty further stated the units along Washington Street have backyards that face Washington Street. Committee Member Smith stated the problem is protecting the view of the 10-15 homeowners versus the view for all the other citizens of La Quinta. Mr. Lenning stated it is a wide landscape area and will not be the dark, depressing feeling that the Committee believes it will be. Discussion followed regarding wall heights on other projects in the City. 20. There being no further questions, it was moved and seconded by Committee Members Christopher/Smith to adopt Minute Motion 2007-001 recommending approval of Site Development Permit 2006-876, as recommended. Modifying that the Washington Street perimeter wall undulate between 10 and 12 feet from curb height and random pilasters be placed with termination points at end of wall with a material other than the finish wall. The wall and final landscaping plans will be approved by the ALRC. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: None Vill. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Christopher/Smith to adjourn this Rescheduled Meeting of the Architectural and Landscaping Review Committee to a Regular Meeting to be held on February 7, .2007. This meeting was adjourned at 3:47 p.m. on January 17, 2007. Respectfully submitted, BETTY J. SAWYER Executive Secretary n-1\NCnnrgk Al ar�1_17-na nnr 5 DEPARTMENT REPORT: 3 - A PtCITY COUNCIUS P bJ m UPCOMING FEBRUARY 20 MARCH 6 MARCH 15-18 MARCH 20 APRIL 3 APRIL 17 MAY 1 MAY 15 JUNE 5 CITY COUNCIL MEETING CITY COUNCIL MEETING LA ®UINTA ARTS FESTIVAL CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING JUNE 19 CITY COUNCIL MEETING 479 LA QUINTA CITY COUNCIL MONTHLY CALENDAR February 2007 Sunday� i Moinday Tuesday, Wednesday Thursday �Friday Saturday M 3 March January M S M T W T F S T W T 6 1 2 3 4 5 6 1 2 3 7 8 9 10 it 11 13 4 5 6 7 8 9 10 11 1 14 15 16 17 18 N 20 11 12 13 14 15 16 17 18 1 9 '1 21 22 23 24 25 211 27 18 19 20 21 22 23 24 'N 28 29 30 31 29 30 31 4 5 6 7 8 9 10 3:00 PM City Council 10:00 AM ALRC 11:00 AM CVCC-Sniff Meeting 12:00 PM Energyl Environs Sniff 11 12 13 14 15 16 17 10:GOAMPub. Sfty-Kirk 7:OGPMPlanning 9:00 AM RCTC- 3:00 PM Histmic Preser 9:00 AM CVA-Henderson 12:00 PM Transp-Kirk Commission Henderson vation Commission 5:30 PM Community 5:30 PM Investment Services Commission Advisory Board 6:00 PM League - Henderson 18 19 20 21 22 23 24 3:00 PM City Council 10:30 AM Homelessness 9:00 AM LAFCO- Meeting Cme. Henderson 12:00 PM HumanlComn President's Day Osborne (CITY HALL CLOSED) T 7 Printed by Calendar Creator Plus on 2/15/2007 LA QUINTA CITY COUNCIL MONTHLY CALENDAR March 2007 IiS-I�v 2 3 4: 1;;T �� O3 12:00 PM Mayors Lunch 9:00 AM 4:00 PM SJSR April February• Nd. Mirmit-Henderson S M T W T f S S M T W T F S 1 2 3 1 2 3 4 5 6 7 6 7 8 A 10 9 10 11 12 13 14 4 5 11 12 13 14 15 IS 17 5 16 17 18 19 29 21 k, ql" 18 19 20 21 22 2:1 24 22 23 24 25 26 27 28 25 26 27 28 Tc r x 4 5 6 7 8 9 10 3:00 PM City Council 10:00 AM ALRC 9:30 AM Animal Counties - Meeting Henderson 11:00 AM CVCC-Sniff 12:00 PM Energyl EnviTOn.-Sniff 11 12 13 14 15 16 17 lODDAMPj1b.Sfty-Kwk 7:GOPMPlanning 9:00 AM RCTC. 3:00 PM Historic Preset. 9:00 AM CVA-Henderson IZO PM Ti onsp-Kirk Commission Henderson vation Commission 3:00 PM Mtos. 5:30 PM Investment Daylight Savings Time Consversancy-Kirk Advisory Board Begins ns 5:30 FM Community Services Commission 6:00 PM League - Henderson La Ouinta Arts Festival 18 19 20 21 22 23 24 3:00 PM City Council 10:30 AM Homelessness 9:00 AM LAFCO- Meeting crone. Henderson 12:00 PM HumanlComm. Osborne FLaDu rts Festival drits �A 25 26 27 28 29 30 31 10:30 AM FICTC Budget - 7:00 PM Planning 12:00 PM Sunline-Adolph Henderson Commission 4:00 PM J.Cochran Reg. 6:00 PM Exec Come, Airp-Osborne Adolph Printed by Calendar Creator Plus on 2/15/2007 A LA QUINTA CITY COUNCIL MONTHLY CALENDAR April 2007 .. . .. 3 .. .. 4 5 6 .. 7 2 3:00 PM City Council 10:00 AM ALRC Meeting 8 9 10 11 12 13 14 10:00 AM Pub. Sfty Kirk 7:00 PM Planning 9:00 AM RCTC- 11:00 AM CVCC.Sniff 12:00 PM Transp-Kirk Commission Henderson 12:00 PM Energy) 6:00 PM League. 5:30 PM Investment Environs Sniff Henderson Advisory Board 15 16 17 18 19 20 21 7:00 PM Community 3:00 PM City Council 10:30 AM Homelessness 3:00 PM Historic Preser- 9:00 AM CVA-Henderson Services Commission Meeting Crate. vation Commission 12:00 PM HumanlCommr Osborne 22 23 24 25 26 27 28 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Sunline-Adolph 9:00 AM LAFCO- Henderson Commission Henderson 5� z,v§,:nry�F'. ii.. �a�z.�:4 #,g�m1s,��..£t,t1F"', v,. .orE£:a$,8i$ayif"=.<tte•''r';I5 'i, ;;,R, S;F 3. 29 30 A;84:RFj,;; lia'3�1911 6:00 PM Exec Core. ,s�'f.'1;:''+,§a;,i •�s'�;; §,;y;�;p,,a,;Y,„,•:;, March f'�d,,x�#,°s,':, May Adolph S M T W T F S `'• `°';1'3' S M T W T F S 1 2 35�„!",p{;##Fr`•'''T�',..'t,g.s 1 2 3 4 5 's, 9;' il 4 5 6 7 8 9 10 ?3'e "; vq; F{g:y,g#, I;i¢, b 6 7 8 9 10 11 12 "�,5:,.:;,;. d+i p3t; p'i:{j;:; 13 14 15 16 17 18 19'`S. 11 12 13 14 15 16 I7 x„r;#�'$':';"i'+ ' 3#i �?$'z,'f 18 19 20 21 22 23 24 'l:'�`€;7; `, „,"'lx, i'8'� '�.i+ 20 21 22 23 24 25 26 ,,!a'F'rp, •axp gibp°'�i,`;' 27 28 29 30 31 25 26 27 28 29 30 31 " y.,� ,�y�F•e ��;#;pjj a:�,�„ska,,..{x,A;o",��,.�; �.;r;'k, q•'YL '•q:i eii31.3! r tY�..�, `� e' Printed by Calendar Creator Plus on 2/15/2007 Department Report: S y OF Tt� TO: The Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Commwity Development Director DATE: February 20, 2007 SUBJECT: Department Report for the Month of January 2007 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of January. P:\Monthly Report FolderWANUARY 2007.doc .174 H z w a w Q F- Z w a 0 J w > w 0 } H z 0 U 0 (L w ir H z w F- a. w 0 n O O N cr a D z Q 0 w z H O f' a H a) a m a) U (n E U) U N w w U 0 N V N a a a a a a v a s a m m a a a a a w o 00) CD p p a) G) a) a) ; p m a) a) a) a) a) U = -'Or, Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y V U 0 a) p E E E E E E a E E a E E E E E E E w z t s�.n a.0a :).0a =aaaaaa.0Z Q N p _7 7 7 n 7 7 N 7 7 N 7 7 7 7 7 7 n J C N N N N N N N y N M N N 0 M N 0 N a) d O 0 0004(M 00 It00It000a) 0N0 z Q N z O J N Q Ci p ~ r O a uj ~ U CL z c ca F' to N E N E N N CL E N N v c� w E= L E p U) a) a c p a �a E N C p G aCD ` N p� N 2 a cm a C= E E a OC i� Q Q y E U) E N U N al Q 0 Y L N c� O a a) N can C C C = O. to O apN@ YrUN Cu>) Q yUt E 5 a p Opa) ,Oa C >0 p •m Umc �CN) O JCCU a OY a a C G > C C E > a> Y Op• L C((D-i LL cnF- >NN Utn N H O O N Q cc zQ O z �O OCD U 0 C7 N z Q J Ja-n O O CM O) It a) M H H z O c o H c a a� U Q N O W O + v v v v v c v v v a � G N N N N N Y N N N 0 N W W E E E E E o E E E E E O m .n.0.0.0.0 N>>>>> cc a CL a) fq a) N N N N N N N (L Q Cl) N 0) t M O N N Q W N _ Q DO �O QLL F- W LU W �a c `- c L N F t o o E y °' E Lu cc J uEEE a) LLQ W y a) �' c a ca � c a' O U a c g E E oC wC Q U) Q Q E N O 0 Q m G O c c cc 0 cl C f`6 d a) a) o m `= 0 10 H o c -O O O oE a L> j L 0 z 0 1-6 O Oi �� O U Q �+ 'O n. U W N c Q > c t c ++ O F- 00 F- UO(Dp�(n(n(nF�1NN 'O () O a a m c (a a U w U a) o. O c c m c c a) E N () N N Q m c 0 c O c W O N a� cr Y U 0 a`) in t 4 Y G (M DEPARTMENT REPORT: I TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety DATE: February 20, 2007 RE: Department Report — January 2007 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of January. Also included are Monthly Executive Status Reports for Vista Dunes Courtyard Homes, the City Hall Expansion and the Museum Expansion. The statistical summaries depict the following highlights: ■ Year-to-date building permit valuation is $10,476,542 which represents an issuance of 324 building permits in January; ■ Animal control handled 238 cases in January; ■ Code compliance initiated 195 cases in January; ■ Garage sale permits generated $820 in income in January. P.O. Box 1504 • LA QUIN1A, CALIFORNIA 92247-1504 4 77 78-495 CALL e TAMPICO • LA QUINTA, CALIFORNIA 92253 7� (760) 777-7000 -FAX (760) 777-7101 C� Rot'� �--� 00 00 0000 00WO7 rn V1 �--� 7 M O M M h 7 00 N 1D On .--� M N cq 01 l- � N M N O M �--� M M 00 M MM \o M M Ven Vl M N N nnL: Vl 7 M V M kn a MN 00 l� w O .N. 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O �O n� r� to 0 f0 O CC Co V NOTNWO � N O y z 0 y y y y z ON i U W y y d y FWa' y FrLdz' W N W C WCN N 0ovm H to -a ZmyO W�f=aq zm— W y- E j EZ E O n uw aaa LUW U Uo � z U j-W a7 Wm Q U Q Q w C ~ U y m a z W O O r W 0 O F �p U J W ZUy� Q m 2 a 3 z y aO Q = O W G Q N N W p W z Q O z J N O d 7 7 m m m .7�sr;uri au trxvuEr, pNt . mica. e.ia • ar:asue�-a�ai�,: Glendora Beverly Nills San Clemente La Quinta Las Vegas op Monthly Executive Status Report City of La Quinta Vista Dunes Courtyard Homes Presented To The City of Lo Quinta: February 7, 2007 For the Month of January, 2007 Past Month's Ht tltghts/Key Ac#WW (January, 20M I • No negative community related problems/issues reported • The Gas Company has sent easement documents for signatures and is completing their design for this project • Approved revised sewer plans were received from CVWD 1-29-07 • Plans for site private fire suppression line have been submitted to Riverside County Fire Department for approval • Concrete slabs for Units 172, 173, 174, 175, 176, 178, 179 & 180 poured • Framing for Units 172, 173, 174, 175, 176, 178, 179 & 180 completed and design review in progress • All site perimeter walls under construction • Site office trailer is fully functional • Continued to resolve documentation errors with City, Architect and Engineers Schedule Performance Project to Date • Per Davis Reed schedule & D R site superintendent - Not on schedule: 12 weeks late • Potential claim by contractor for delays 200,000 Plus • Original completion date: 9-5-07 • Current completion date: Unknown - new schedule will be available in 2-3 weeks • Days ahead/behind: 12 weeks late Budget Performance Project to Date Total Awarded Contract Amount 21,400,000 Contingency 2,500,000 Total Available Budget (Contract Award plus Contingency) 23,900,000 Change Orders To Date (3): -287,109 Contingency Used To Date: -287,109 Current Cost Commitments (original bid + change orders) 21,1 12,891 Uncommitted Available Budget Remaining 2,787,109 Current Commitments as Percent of Total Available Budget 88% Safety Performance Project To Date • No lost time or claims due to injuries or safety violations • No on -site accidents to date Upcoming Month's Priorities/Key Activities (February, 2007) • Sewer construction to start February 5, 2007 • MDS and Shasta to obtain fire department approval for site fire line and interior fire sprinkler design. CVWD will also have to approve site fire line connection to water main • Approved utility plans from Vefton & The Gas Company by February 15, 2007 • Continue to value engineer the building construction components • Davis Reed is unable to recommend a solution for a recovery schedule at this time • KDNA push by Construction Manager Dan Corey, get all documents on line �w fZAVICONSTRUCTION, INC. 6l1SiRUrF•�N NI,'Ii: StEfa' SH(l / E1.0 - .iP RAI LOti UMP 5 n Glendora BevedyHills San Clemente LaQuinta Las Vegas la Monthly Executive Status Report City of La Quinta City Hall Expansion Presented To the City of La Quinta: February 7, 2007 For the Month of January, 2007 I Month Highlights/Key Activities (• 2007) • Over - X commenced on January 2nd and was completed on the 25Eh • Change order for 8" sewer relocation completed • Change order for Vault relocation completed (fiber optics) • Change order for hump removal completed (LQ Arts Festival) • Re-routed fire line passed all inspections including underground blow out • All soils tests and inspections have passed for basement foundations/footings • Change order for 2" water line dedicated to the 1200 gallon emergency tank Schedule Performance Project to Date • Original Completion Date: 1 1 /23/07 • Current Completion Date: 1 1 /21 /07 • Days Ahead/Behind: We are a couple of days ahead! Budget Performance Project to Date Total Awarded Contract Amount 8,700,000 Contingency 1,500,000 Total Available Budget Contract Award plus Contingency) 10,200,000 Change Orders To Date 6 : 75.727 Contingency Used To Date: 75,727 Current Cost Commitments (original bid + change orders 8,775,727 Uncommitted Available Budget Remaininq 1,424,273 Current Commitments as Percent of Total Available Budget 86% Safety Performance Project to Date • No lost time or claims due to injuries or safety violations • No on -site accidents to date Uocomina Month's Priorities/Key Activities (February, 2007) 1 • Pour for foundations/footings/stem walls • Commence; interior demolition of WA #1, WA #2 and WA #3 • Change order for installation of approximately 200" of 4" conduit • Change order to remove two existing Verizon phone booths • Complete all utility tie ins (future solar panels) 014 ONSTRUCTION, INC. .T6RJrT IN CXVL4Vdr • Oh A I J D • :�h FFa i W. E, �G� Glendora Beverly Hills San Clemente La4uinta Las Vegas Monthly Executive Status Report City of La Quints Museum Expansion Presented To The City of La Qulnta: February 7, 2007 For the Month of January, 2007 Past Month Highlights/Key AcAvitles (January, 2 + PWCI provided City with construction cost a to Qk10 + PWC1 prepoft forupcombWbidding process Schedule Performance Project to Date Preliminary schedule (aprox. dates) calls for: Publication for bid - 2/8/07 Bid opening - 3/13107 Contract award - 3/20/07 Notice to proceed - 4/3/07 Contract completion - 2/15/08 Closeout - 3/15/08 Budget Performance Project to Date Contract Amount Projected $2,200,000 Contingency 500,000 Total Available Budget Projected Contract plus Contingency) 2,700,000 Change Orders To Date N/A Contingency Used To Date N/A Current Cost Commitments (original bid + change orders N/A Uncommitted Available Budget Remaining N/A Current Commitments as Percent of Total Available Budget N/A Safety Performance Project To Date N/A Upcoming Month's Priorities/Key Activities (February, 2007) • PW Construction to continue coordination with architect and engineers • Project plans and specifications to go out for public bid on February 8, 2007 • PWCI to notify bidders of the plan and spec availability and bid closing schedule • Plans and specs posted on OCB/PLANWELL web site • PWCI to promote site observation at existing museum • Pre -bid conference at City Hall February 22, 2007. 494 f0 DEPARTMENT REPORT: (0 _ T4t�v 4 a' Q" TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director DATE: February 20, 2007 SUBJECT: Community Services Department Report for January 2007 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF MARCH 2O07: March 1 *Free Tax Assistance March 1 *Introduction to E-Mail March 1 *Simple Spreadsheets March 1 Beginning Belly Dancing, La Quinta High School March 2 *Yoga for Health March 2 Sports Acknowledgement (Civic Center Campus) March 5 *Mat Pilates March 5 *Ageless Action Aerobics March 5 Tae Kwon Do, La Quinta High School March 6 Adobe Photoshop Elements 2 Advanced Course, Senior Center March 6 Watercolor & Collage, Senior Center March 6 *CPR & First Aid March 6 *Introduction to Computer March 6 *Introduction to the Internet March 6 Pre-Teen/Teen Theater & Jazz, La Quinta High School March 7 Adobe Photoshop Professional Version, Senior Center March 8 Adobe Photoshop Elements 2 Introductory Course, Senior Center March 8 Beginning Ballet, La Quinta High School March 8 Dance, Play, & Pretend, La Quinta High School March 8 *Introduction to E-Mail March 8 *Digital Photography March 8 *St. Patrick's Day Luncheon March 9 *Shamrock Dance/ Senior Prom March 10 Algodones Excursion March 16 Middle School Teen Dance (Boys & Girls Club) March 20 *Jewelry Making March 20 *Beginning Conversational Spanish March 20 *Advanced Beginning Conversational Spanish March 20 *Tai Chi Independent March 20 *Introduction to Word Processing 41 3 5 March 20 *Windows XP (4 classes) March 22 *Tai Chi for Health March 22 *Mature Driver Training March 22 *Photo Editing 1 March 26 Dance, Play, & Pretend, Senior Center March 27 How to Stop Unwanted Thoughts & Feelings, Senior Center March 27 *Photo Editing 2 March 28 *Senior Sports Day March 29 *Photo Editing 3 March 29 *Social Ballroom Dance & American Latin *Daytime Senior Center class or activity Program Community Services Department Attendance Report for the Month of January 2007 Summary Sheet 2007 2006 Variance Sessions Per Month 2007 2006 Leisure Classes 106 108 -2 45 41 Special Events 80 0 80 1 0 Adult Sports 589 480 109 42 20 Senior Center 1426 1507 -81 106 94 Total 2,201 2,095 106 194 155 Senior Services Senior Center 305 228 771 21 15 Total 305 228 77 21 15 Sports User Groups La Quinta Park Use AYSO 1400 700 700 26 19 Sports Complex LQSYA Winter Ball 100 72 28 22 8 F.C. La Quinta 15 15 01 2 7 City of Palm Springs 600 500 100 2 2 Facility/Park Rentals Library Multi -Purpose Room 950 100 850 5 2 Classroom 1000 0 1000 13 0 Senior Center (Private Part) 650 0 650 4 0 (Church) 300 500 -200 4 6 Civic Center (Private Party) 200 100 100 2 1 Park Rentals La Quinta Park 100 200 -100 21 5 Fritz Burns Park 0 0 0 0 0 Total 5,315 2,1871 3,128 82 50 Total Programs 7,821 4,5101 3.311 297 220 Volunteer Hours Senior Center 424 136 288 Total Volunteer Hours 1 4241 1361 288� Community Services Program Report for January 2007 2007 2006 2007 2006 Participants Participants Variance Meetings Meetings Leisure Classes Kickboxing Boot Camp 9 0 9 8 0 Beginning Bell dance 13 16 -3 2 2 Intermediate Bell dance 4 7 -3 3 3 Adobe Photoshop Intermediate 7 4 3 3 2 Beg. Computers 9 6 3 2 2 Microsoft Word 9 1 8 2 1 Adobe Photoshop Pro 5 4 1 4 3 Beginning Guitar 22 4 18 4 3 Tee Kwon Do 4 2 2 8 3 Beginning Ballet 7 3 4 3 2 Dance, Play & Pretend 17 8 9 6 2 Totals 106 551 511 45 23 2007 2006 2007 2006 Participants Participants Variance Meetings Meetings Special Events Pillars Of The Community 80 0 80 1 0 Totals 80 0 80 1 0 2007 2006 2007 2006 Participants Participants Variance Meetings Meetings Adult Sports Open Gym Basketball 395 300 95 21 17 Fitness Center 194 0 194 21 0 Adult Soccer League 0 180 -180 0 3 Totals 589 480 109 42 20 Recreation Totals 1 7751 5351 2401 88 1 43 Im 08 Monthly Revenue Report for January 2007 Monthly Revenue - Facility Rentals 2007 2006 Variance Libra $ 5,202.50 $ 350.00 $ 4,852.50 Senior Center $ 3,772.50 $ 2,368.00 $ 1,404.50 Parks $ 460.00 $ 630.00 $ (170.00 Sports Fields $ 132.50 $ 1,219.00 $ (1,086.50) Monthly Facility Revenue $ 9,567.50 $ 4,567.00 $ 6,000.50 Monthly Revenue Senior Center $ 22,881.00 1 $ 24,755.90 $ 1,874.00 Community Services $ 13,439.00 $ 7,567.00 $ 5,872.00 La Quinta Resident Cards* $ 4,395.00 $ 7,485.00 $ (3,090.00) Fitness Canis $ 330.00 $ - $ 330.00 Total Revenue $ 41,045.00 $ 39,807.00 $ 1,238.00 Revenue Year to Date Facility Revenue $ 54,169.50 $ 26,357.00 $ 27,812.50 Senior Center $ 53,117.50 $ 65,756.50 $ 12,639.00) Community Services $ 34,230.00 $ 43,660.00 $ 9,430.00) La Quinta Resident Cards $ 22,710.00 $ 21,105.00 $ 1,605.00 Fitness Cards $ 2,085.00 $ $ 2,085.00 Total Revenue to Date $ 166,312.00 $ 166,878.50 $ 9,433.50 * Resident cards went to a 3-year membership via City Council's decision as of January 2006. Therefore, revenue this year decreased due to less renewals. 483 Senior Center Attendance Senior Center Program Report for January 2007 Participation Participation Variance Meetings Meetings 2007 2006 200 2006 Senior Activities ACBL Bridge 451 310 141 5 4 Bridge, Duplicate/Social/Party* 288 407 -119 13 11 Mini Health Fair 50 0 50 1 0 Monthly Birthday Party 25 20 5 1 1 Monthly Luncheon 87 80 71 1 1 Movie Time 35 50 -15 4 4 Senior Activity Total 936 867 69 25 21 Senior Leisure Classes Ballroom Dance 24 24 0 4 4 Bridge Lessons 64 107 -43 8 10 Computer Classes 50 26 24 8 6 Exercise 53 53 0 12 12 Golden Tones 47 106 -59 3 5 Hooked on Loops 3 9 -6 4 4 Italian 15 0 15 4 0 Mat Pilates 20 0 20 8 0 Man Jongg 14 0 14 1 0 Quilting 35 43 -10 4 4 Sketch & Draw 28 29 -11 4 3 Spanish 29 0 29 3 0 Tai Chi / Tai Chi Arthritis 16 24 -8 4 6 Tap 14 0 14 2 0 Watercolor 26 43 -17 4 4 Woodcarvers 44 25 19 4 3 Yoga for Health 8 0 8 4 0 Senior Leisure Classes Total 490 489 -1 81 61 TOTAL SENIOR PROGRAMS 1426 1356 68 106 82 Senior Services FIND Food Distribution 203 138 65 4 3 Eisenhower MC Health screening - Nutritional Counsel 4 0 4 1 0 Financial Advisement/ Notary Service 3 1 0 31 2 0 HICAP 5 8 -3 21 2 I.I.D. Energy Assistance/No fee 29 33 -3 5 4 Legal Consultation 6 2 4 1 1 Senior Biography Project w/ LQHS 16 0 16 4 0 January Seminars 9 0 9 2 0 Volunteers 30 20 10 n/a n/a TOTAL SENIOR SERVICES 305 201 105 21 10 SENIOR CENTER TOTAL 1731 15571 1731 1271 92 *Duplicate & Social Bridge attendance is lower this year com aced to last year. 2007 2006 Variance Volunteer Hours Senior Center 424 136 288 Volunteer Total: 424 136 288 Revenue Senior Center Revenue $22,881.00 $24,755.00 -$1,874.00 Revenue Total: $22,881.00 $24,755.00 -$1,874.00 Jan-o7 491 Parks Items of Interest For January 2007 January 3, 2007 Staff is meeting with painting contractors to get bids for painting the facilities at Fritz Burns Park. The wood structures and fence around the pool are in need of repairs and new paint. Staff met with representatives from the youth sports associations to coordinate field scheduling. Currently, Staff is reviewing the bid proposal that were received for the La Quinta Sports Complex Needs Analysis and Rehabilitation Plan. Staff hopes to present the bid results within the near future. January 10, 2007 The gates to the trash containers at Fritz Burns Park were painted this week. The trash gates at La Quinta Park should also be newly painted by the end of the week. We had two weddings at the Civic Center Campus last Saturday. The afternoon wedding moved to the Library's rental space for the reception that followed. Staff along with a representative from the Desert Sands Unified School District interviewed three contractors who bid for the La Quinta Sports Complex Needs Analysis and Rehabilitation Plan. We are now checking references and the projects that were completed by each contractor. January 17, 2007 La Quinta Park was vandalized with graffiti over the weekend. The Public Works Maintenance Department was quick to remove and cover painted areas throughout the park. The City of Palm Springs rented the La Quinta Sports Complex last weekend for a valley wide softball tournament. 4 9 January 24, 2007 The broken bleachers at La Quinta Park have been replaced. The usage of the park is declining in the evenings due to the AYSO season coming to an end. The field lighting schedule is being adjusted to accommodate the field usage. LQSYA is hosting a baseball clinic this weekend at the La Quinta Sports Complex. The clinic will include some former Major League players. This will be a kick off for the 2007 youth baseball and softball season. The water at the La Quinta Sports Complex was shut-off last week by Desert Sands Unified School District. They needed to repair two irrigation main lines. The irrigation repairs should be completed by the end of the week to accommodate the Baseball clinic. A "hill" in the Civic Center Campus was lowered in preparations for the La Quinta Arts Festival. The purpose for the landscape change was to allow more booths to set-up through that location. Members of the La Quinta Arts Foundation became concerned about space availability because of the expansion of City Hall. January 31, 2007 The Friends of the Fred Wolff Bear Creek Nature Preserve have been meeting with Staff to develop a Master Plan for the management of the Nature Preserve. The draft plan has now been completed. We received a resident complaint about mud puddles at the entrances to the dog park at Fritz Burns Park. Staff and the Landscape Contractor inspected the area and agree that improvements need to be made. The areas in question are just as guests enter through the gates. These areas will be filled in with gravel material so as to not create a trip hazard while allowing irrigation water to drain. The irrigation heads will also be adjusted so they will not water the improved gravel area. 493 DEPARTMENT REPORT: S T i t `�i 4 �,�v QumAv MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: February 20, 2007 RE: Public Works Department Report for January 2007 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. 494 a N J 2 O � o F N Ul N W a d z W Q K W U K W z w N r- V w O a w J_ f y�+ z 1� n J mo D 0 0 0 0 W VrCiv,uoi O O O O O O W C) Lo n It Zj C6 N 69 09 �' Rot U O W C: W LL N J Q H O H O O O O O O O O O H CO t O< U O ZrnLnnv 0 � qt IIAA W W C! 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O y W N W m .0 > ~ W m p y U O_ y C U `o c Q y ° -0 o 0 O U W a� y d O U- c: U. c , � C O U y Y ,07 VJ > U) O y '0 O — O �oNU a+ Ur y E U ° aoi -C>c «N` oOp Da ° N CL U O U Y y a`) a) F w CD c c c c N E� LU ca c,> W y Ol 0) 01 `y O Q) .N 0) C W Oa U C a) O a W o a) 0 a) C 0� a) ao 0o a) O. 0 (1) n O_ LOca Q I In co Z m O M O O O O O O M (co (O CY) O O O O O I I I I I co I co O_ O_ O_ O_ O_ O_ N O O O r 0 O co N O O O O N NO N LO n > C O a) (b Z 0 �% W 'EL pyoW N W tea_. m 0`; 3>..NE C C N W W V N L E N C a A>.0 N y E 0 LL (a o o o) Q w � E c 2 r E« W Q aL a � 0)N ;, cm co E J H t O 6 W O) C (O .O O W r N (q N Q LO N_n N O. M O M N a UO C N 01 > N Q N 0 3 o M m 3 a� O U U C � U N � U 0 O O � N 0 m F• 0 0 o m ~ .. m F m ~ (O O � O a+ U aN+ O O i N � U O C �N V U � m c E m M c MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: January, 2007 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 4.5 Men 4 Men 2 Men 1 Man Total 1000 Policing/Inspection 57 85 0 10 152 1001 Pot Hole -Repair/Patching 12 14 0 6 32 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 0 3 0 0 3 1004 Pavement Marking/Striping 0 31 0 0 3 1005 Curb Painting 0 21 0 ON 21 1006 Other Traffic Controls 30 27 0 0 57 1007 Curb & Gutter Repair/Const. 0 8 0 0 8 1008 Other Concrete Repairs/Const. 0 0 0 0 0 1009 Street Sign Install (New) 0 12 0 0 12 1010 Street Sign Repair/Maint 50 8 0 3 61 1011 Debris Removal 18 43 0 2 63 1012 Right of Way Maint. 4 30 68 0 102 1021 CLEAN Catch Basin Inlet/Outlet 32 4 0 0 36 1022 Rondo Channel Outlet/Vault 4 0 0 0 4 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 S.D./D.W./C.B. Repair/Maint. 0 91 0 3 94 1024 Gutter/Median Sand Removal 0 15 0 0 15 1025 Street Sweeping (Machine) 128 0 0 0 128 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 18 0 6 0 24 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean- 3 5 65 3 76 1041 Irrig/ Weeding, Shrubs & Tree Trimming 28 21 101 6 137 1051 Landscape/Irrigation Contract Manageme 0 29 49 17 95 1052 Lighting/Electrical Contract Management 0 0 0 171 17 1061 Small Tools Repair/Maint. 0 1 0 0 1 1062 Equipment Repair/Maint. 0 1 0 0 1 1063 Vehicle Repair Maint. 38 24 0 3 65 1081 Trash/Litter/Recycable Removal 0 18 4 0 22 1082 Vandalism Repairs 0 1 0 0 1 1083 Graffiti Removal 169 130 39 13 351 1084 Maint. Yard Building Maint. 15 23 0 1 39 1085 Seminars/Training 28 0 10 0 38 1086 Special Events 0 0 8 0 8 1087 Citizen Complaints/Requests 126 11 0 0 137 1088 Meeting 5 30 10 33 78 1089 Office (Phone, paperwork, reports, Misc.) 15 28 8 51 102 SUBTOTAL 7801 6671 368 168 1983 1091 Over Time 23 10 23 0 56 1094 Jury Duty( 0 32 0 0 32 1095 Sick Leave 52 21 0 0 73 1096 Vacation 16 64 0 0 80 1097 Holiday 88 0 32 16 136 1098 Floating Holiday 0 0 0 0 0 1099 Worker Comp/ Bereavement 0 0 0 16 16 SUBTOTAL 179 127 55 32 393 TOTAL HOURS 959 794 423 200 2376 TOTAL MILES 3880 2596 1555 390 8421 JO1 Department Report: '7 LA Uf 'TA P@LICI Served by the Riverside County Shergs Deparonent Police Department Monthly Report January -- 2007 Prepared for 5 0' La Quinta Police Department SIGNIFICANT ACTIVITY REPORT Captain Walter Meyer Chief of Pollee (Number in parenthesis denotes number of calls for service that day.) 01/01 Monday (62) 0210- Deputy Hughes responded to a traffic collision at Calle Durango and Avenida Montezuma. Richard Allen Wright was driving northbound on Avenida Montezuma and hit a wall. He was determined to be under the influence of alcohol and was arrested for driving under the influence. 0945 hours - Cpl. Perez contacted William Bennett in the Home Depot Parking lot. Bennett was found to have a misdemeanor warrant and was taken into custody and booked for the warrant. O1/02 Tuesday (58) 1400 Hours — Deputy T. White arrested Hal Foster Woodard following a Pedestrian Check at Washington x Rancho La Quinta for an outstanding felony warrant. 2230 hours- Deputy Bawdon assisted parole officers in taking a parolee into custody in the 45300 block of Desert Fox. Charles Besley was reported by his mother as using drugs and becoming violent. Besley was booked into the Indio Jail and later turned over to parole. O1/03 Wednesday (79) 0250 hours- Deputy Kim arrested Elicia McCoy for being drunk in public in the area of Washington St. and Lake La Quinta. 1331 hours- Deputies J. Covington and Telles investigated an unattended death in the 53800 block of Ave. Rubio. David Thompson had been found deceased at the residence. The cause of death is unknown however; there were no indications of foul play. 1430 hours — SET Deputies served an arrest warrant in the 51800 block of Avenida Cortez. Juan Vera was arrested for an outstanding felony warrant for being a felon in possession of a firearm. Vera was booked at the Indio Jail. 1705 hours — SET Deputies conducted a vehicle check in front of Stater Brothers and arrested the driver, James Jacobbe a parolee from Riverside, for providing false information to a peace officer. Jacobbe was booked at the Indio jail. 01/04 Thursday (90) 0128 hours- Deputy Ervin investigated an assault with a deadly weapon. Investigation revealed that Israel Andrade Garcia used his vehicle to ram his estranged wife's car. Garcia's wife, Ariana Ibarra, was with a male friend in her vehicle. Ibarra and her passenger were not injured. Garcia's vehicle also struck a traffic box at Calle Tampico and Ave. Bermudas. Garcia initially fled from the scene but returned a short time later. Garcia was arrested for assault with a deadly weapon. 1420 hours — Investigations served a search warrant in the 52500 block of Eisenhower regarding a fraud investigation. Eugenia Mitchell was detained for investigation and later released due to severe medical problems. Criminal charges will be filed with the District Attorney for identity theft and fraud. 1650 hours- Dep. M. Covington arrested Vincente Romero for commercial burglary, petty theft with priors and a parole hold at the Target Store in La Quints. O1/05 Friday (90) 1930 hours- Dep. Russell arrested Belen Rodriguez for commercial burglary at Target. 01/06 Saturday (58) 0131 hours- Dep. Knight responded to a family disturbance call in the 53000 block of Eisenhower Dr. Investigation determined that Alexander Maddox had been physically threatening family members. Per family members, Maddox had been a patient at Patton State Hospital and was not taking his medications. Maddox was taken for a 72-hour evaluation and an EPO was obtained on behalf of the family. 2145 hours — Deputy Knight responded to Target Department Store reference a shoplifter in custody. Hal Dean Coulter, a transient, was being detained for cutting sealed packages and attempting to take the merchandise without paying for it. Coulter was found to have priors for shoplifting as was transported to the Indio Jail and booked for petty theft with priors. 2150 hours — Deputy Knight was in the process of arresting a shoplifter when security personnel at Target advised that they had two additional shoplifters cutting DVD packages in the store. The two juvenile suspects were detained and were arrested for commercial burglary and booked at Juvenile Hall. O1/07 Sunday (46) 1606 hours- Deputy Goeken responded to a disturbance at the Circle K on Calle Tampico. He arrested Jose Ereyna Ozuna for public intoxication. Ozuna was booked into the Indio Jail. 1715 hours- Deputy Lushia responded to the south end of the cove regarding a leg bone found on a hiking trail. The reporting party stated that the bone might be human in origin. Due to the terrain and approaching darkness, the decision was made to wait until morning to recover the bone. O1/08 Monday (76) 0830 hours — SET team deputies conducted an arrest warrant service in the 46000 block of Dune Palms Rd. Eduardo Tanabe was arrested for a felony burglary warrant. Tanabe was booked at the Indio jail. O1/09 Tuesday (64) 1540 hours — Deputy Lushia responded to the 52800 block of Avenida Ramirez for a domestic violence call. Deputy Lushia arrested Kenneth Gamble for possession of methamphetamine for sale. 01/10 Wednesday (69) 2030 hours- Deputies Ervin and Bernardino investigated a report of child molestation. An 11-year-old female said she had repeatedly been molested by a male family friend over a period of approximately two years. A suspect has been identified and the investigation is continuing. 2100 hours- Deputy Martinez arrested Joshua Alexander 26 for driving under the influence (.09% b.a.c.) and child endangerment following a traffic stop at Ave. 52 and Jefferson. Alexander has his two minor children with him at the time. 01/I1 Thursdav (54 1325 hours — Dep. M. Covington arrested Marilu Harrell for commercial burglary and possession of burglary tools. Harrell was arrested at the La Quinta Target and booked into the Indio Jail. 1450 hours — Dep. Kim responded to the Home Depot regarding a report of a shoplifter in custody. Amiel Cates was arrested for petty theft with a prior and a parole violation. Cates was booked into the Indio Jail. 1900 hours- Dep. Nieburger investigated a report of a possible sexual assault. An adult female reported that she had stayed at a friend's house over the weekend. She awakened and found that she was partially undressed. She reported that she had obtained medical treatment on her own, prior to reporting the incident. Results of the examination are still pending and the investigation is continuing. 2300 hours- Deputies Ervin and Bernadine, investigated a hit and run collision at the Via Cortina Apartments in La Quinta. The owner of the vehicle, Brian Cabanilla, initially tried to report the vehicle stolen. Further investigation determined that Cabanilla was driving at the time of the collision and had made a false report of a vehicle theft. He was arrested for driving under the influence, misdemeanor hit and run and making a false report. Cabanilla required an okay to book prior to being taken to the Indio Jail. 2316 hours- Dep. Wiggs conducted a vehicle stop at Eisenhower and Ave. Montezuma and arrested Patrick Fanning for a felony assault warrant. 01/12 Friday (72) No Significant Activity 01/13 Saturdav (78 0315 hours —Deputies responded to a report of a burglary in progress at the Red Robbin restaurant. Upon their arrival, deputies established a perimeter of containment around the restaurant. The suspect attempted to flee the business but stopped when he heard the announcement that the police dog was going to be released. Arrested for Commercial Burglary was James Michael Rohrs from Santa Ana. Rohrs was booked into the Indio jail. 0433 hours — Deputies responded to a report that a female juvenile's mother had brought her unresponsive daughter in for medical attention at the EMC emergency room When deputies arrived the juvenile was still unresponsive. Investigations assumed responsibility for the incident and continue to follow up. 1810 hours- Dep. Adams responded to Wal-Mart regarding two juveniles in custody for shoplifting. He arrested the two juveniles and booked them at juvenile hall. 2130 Hours- Dep. Feldman responded to Wal-Mart regarding a shoplifter in custody. He arrested Veronica Lopez for shoplifting. She was booked at Indio Jail. 01/14 Sunday (75) 0342 hours — Sgt. Hoyt conducted at Hwy. 111 and Washington. It was determined that the driver; Ryan Landry, was driving under the influence of alcohol. Landry was arrested for DUI and transported to the Indio Jail and booked. 0820 hours- Corporal Hughes and Dep. Berry responded to a suspicious death in the 52100 block of Eisenhower Dr. A ninety-seven year old male was found deceased in the closet of his bedroom He was fount to have injuries to his head and due to the suspicious circumstances the Central Homicide assumed the investigation. 2145 hours- Dep. Macken and Corp. Northrup arrested Mauricio Rodas in the 77-900 block of Cane Tampico. Rodas was transported to the Indio Jail and booked for Public Intoxication. O1115 Monday (66) 1345 hours- Dep. T'rower responded to a shoplifter in custody at Target. Investigation revealed that the suspect, Jennifer Collard, entered the store to steal CD's. Collard was arrested for commercial burglary and booked into the Indio Jail. 2241 Hours- Deputies Bemadino and Ervin responded to the 54500 block of W ingfoot regarding a disturbance. A female juvenile, previously reported as a missing person, had returned home and caused a disturbance. 01/16 Tuesday (57) 1847 hours- Dep. Wiggs arrested Elaine Saenz and Rosa De La Garza for shoplifting at Target in La Quinta. 1930 hours- Cpl. Lopez arrested Emestina Lopez Ramirez at Steinmart in for attempted commercial burglary. 2147 hours- Deputies Ervin and Bernardino investigated a report of a sexual assault in the 78600 block of Ave Naranja. The suspect was contacted and consented to a search of his residence, gave a statement and submitted to an exam. The victim became uncooperative when asked details about the incident and left the hospital during the last portion of the exam. The suspect's wife arrived at the residence, expressed concern over their marital problems and requested that deputies secure their guns for safekeeping. The suspect was released and the case will be sent to the D.A.'s Office for review. O1/17 Wednesday (78) 0425 hours- Dep. Drafton arrested Matthew Sean Bullock for driving under the influence at Adams and Hwy. 111. 0730 hours — Dep. Amezcua responded to an unattended death inside the Lake La Quinta Country Club. An adult male, age 61, had been found deceased at the location. He had extensive medical problems with his heart and lungs and was taking several medications. A neighbor discovered the body while conducting a welfare check on behalf of a family member. 1510 hours — Deputy Amezcua responded to Kohl's in reference to a report of a subject being detained for shoplifting. A female juvenile had removed UPC tags from four tank tops, concealed the tank tops on her person in a dressing stall and concealed the tags in her pants pocket. By-passing open and attended cash registers she then walked out of the store. 1405 hours — Cpl Perez responded to the Office Depot, Steinmart, and Rooms Express in La Quinta. Unknown subjects spray painted "AKM 52" in red and black on the exterior walls. 2100 hours — Cpl. Lopez arrested Robert Ordaz for being under the influence of drugs in the 52100 block of Ave. Juarez. Ordaz was suffering from paranoia and believed people were trying to kill him 01/18 Thursday (71) 2147 hours- C.S.O. Land responded to a report of vandalism at Larsen' Golf Cart in the 78500 block of Hwy. 111. The windows to the business appeared to have been damaged by what appeared to have been a BB or pellet gun. at with a BB gun. 01/19 Friday (90) 1830 hours- Deputies Frederick, Bawdon and Feldman responded to a residential burglary call in the 52600 block of Ave. Herrera. Deputies were informed that James Rohrs was attempting to sell some of the stolen property taken from the residence. Deputies located Rohrs in the 77900 block of Ave. Bermudas. Rohrs was in a vehicle with Kenneth Gamble. Deputies obtained consent to search Gamble's vehicle and located approx..5 grams of Methamphetamine. Gamble was arrested for possession of illicit drugs. Deputies were unable to link Rohrs to the burglary, however, he was arrested for public intoxication. Both Gamble and Rohrs were booked at the Indio Jail. 1840 hours- Dep. Knight handled an overdose call in the 50700 block of Santa Rosa. Chris Herrick had overdosed on Heroin and was transported to JFK for medical treatment. Sarah Francis was also contacted at the scene and was displaying symptoms of a drag overdose. Francis' 4-year-old son was taken into protective custody and released to C.P.S. 2300 hours- Dep. Wiggs handled a traffic collision at Hwy. 111 and Washington. Investigation determined that Martin Coronado was driving under the influence, ran a red light and collided with another vehicle. Coronado had a complaint of pain and was transported to Desert Hospital. No other parties in the accident suffered injuries. Charges will be filed against Coronado. 01/20 Saturday (66) 1756 hours- Dep. Nieburger responded to the 50600 block of Santa Rosa in reference to a male calling stating he had overdosed. Dep. Nieburger contacted Christopher Herrick and arrested him for Possession of Drag Paraphernalia. Herrick was apparently "Kicking" from his use of heroin He was booked into jail. Sarah Francis was also treated by paramedics and transported to JFK Hospital for a drug overdose. 01/21 Sunday (76) 1910 hours- Dep. Knight responded to Wal-Mart and arrested Carolynn Wilson, a transient from Coachella, for burglary. 01/22 Monday (53) 0401 hours- Dep. Knight, following a traffic stop, arrested Gilbert Johnston for DUI at Washington and Simon drive. 1125 hours- Dep. Amezcua responded to a burglary in the 78800 block of La Palma Drive. Moises Garcia Jr. had entered into an attached garage and had stolen a bicycle from inside. The victim had followed Garcia as he fled the scene. Deputies located Garcia in the area of Adams Street and Miles Avenue and he was arrested for residential burglary. Garcia was booked into the Indio Jail. 2023 hours — Dep. Russell responded to the 52600 block of Avenida Velasco in reference to multiple reports of gunshots in the area. Additional deputies responded to the area but were unable to confirm a specific event. However, at about 2025 hours, Deputies Ervin and Bernardino responded to a report of vandalism in the 5 3700 block of Avenida Montezuma. Robert Hutchinson said that someone had broken his front window. Deputies recovered a 9MM slug at the location. 01/23Tuesdav (80) 0015 hours- Dep. Nieburger responded to a report of a traffic collision at Avenue 52 and Monroe. Santiago Mejia lost control of his vehicle and it left the road. The vehicle flipped several times and came to rest in a ditch. He was arrested and booked at the jail for DUI 0028 hours — Deputies Ervin and Bernardino responded to the Dune Palms Trailer Park in reference to a report of a robbery. Deputies contacted Joey Estrada, the victim, who told Deputies them that he had been walking home from the Shell Gas Station when two Hispanic males approached him, brandished a weapon and took his wallet. 0900 hours- Dep. Plata conducted a pedestrian check at Calle Madrid and Avenida Alvarado. She arrested Juan Carlos Lopez for an outstanding felony narcotic warrant. Lopez was booked into the Indio Jail. 2142 hours — Corp. Northrup and Dep. Macken responded to 52 Ave. and Madison St. in reference to a report of an attempted theft of heavy equipment from a construction site. Deputies contacted the owner of the property who told them that Donald Teter was trespassing on the property. It was determined that Teter was on the property to remove a grader as instructed by his employer. Deputies determined there was no theft, however the owner of the property, Karl Onweiler, signed a citizen's arrest for trespassing. 2324 hours — Corp. Northrup and Dep. Macken responded to a reported traffic collision in the 50600 block of Eisenhower Dr. Sergiu Arvit was identified as the driver of a vehicle that struck two parked vehicles. Arvit was arrested for driving under the influence. O1/24 Wednesday (87) 1100 hours — Business District Deputy M. Covington arrested Patricia Cervantes for a felony forgery warrant and a misdemeanor traffic warrant in Desert Hot Springs. The arrest followed an extensive investigation involving a shoplifting incident at La Quinta Target. Additional charges of delaying an officer, possession of drug paraphernalia and petty theft with priors were added following her arrest and subsequent interrogation. 1430 hours — La Quinta Special Enforcement Team deputies and Business District Deputy M. Covington arrested Sara Mares for commercial burglary after responding to the Target store to investigate a suspicious person. The investigation revealed Mares had stolen approximately $125.00 worth of clothing. She was also found to be in possession of stolen merchandise from Kohl's. Mares was booked into the Indio Jail for burglary and possession of stolen property. 1811 hours — Dep. Lingle responded to "Kohl's" in reference to two juveniles in custody for shoplifting. Further investigation led to the arrest of the two juveniles for Commercial Burglary. Both juveniles were transported to the station and released to their parents. 2020 hours — Deputies Ervin and Bernardino responded to Lamp Post Pizza in reference to a disturbance call. Investigation revealed Craig Leeney had provoked arguments with several patrons inside the bar area. Management had forced him outside the business and detained Leeney for police. Leeney was arrested for Drunk in Public. 01/25 Thursdav (98 1919 hours — Dep. Lingle conducted a pedestrian check in front of the Circle K store on Hwy 111 and Washington St. and arrested Roger Martin for Drunk in Public and two outstanding warrants. Martin was booked at the jail. 2055 hours — Deputy Villegas contacted Paul Torres Segoviano at Clinton and Fred Waring Dr. Segoviano was arrested for possession of methamphetamine (1.2grams), possession of drug paraphernalia and two outstanding warrants. warrants. Segoviano was booked into jail. O1/26 Fridav (76 0036 hours — Dep. W iggs responded to an Arson call in the 53200 block of Avenida Velasco. A neighbor heard a noise and looked outside and saw a car on fire and a vehicle driving away from the area at a high rate of speed. An unknown suspect had attempted to set fire to two vehicles on fire but only one ignited. CDF responded and assumed the arson investigation. 0320 hours. Dep. Wiggs stopped Miguel Valencia in the area of Washington St. and Sagebrush and arrested him for Driving Under the Influence. Valencia was booked into jail. 1500 hours — Dep. Reynolds responded to a residence the area of Dandelion Drive in La Quinta reference a male juvenile who was combative with family members and out of control. The juvenile has been diagnosed as Bi-polar and has Attention Deficit Disorder (ADD). The juvenile was transported to Indio Mental Heath for 72-hour evaluation. The parents advised this is an ongoing problem 1724 hours — Dep. Feldman responded to Wal-Mart in reference to shoplifters in custody. Dep. Feldman found that two juveniles had shoplifted from the store and had been caught by security. The juvenile were cited and released to their parents. 01/27 Saturdav(70 0300 hours — Corp. Northrup and Dep. Macken responded to JFK in reference to a report of an assault victim seeking medical treatment. They located a female juvenile who was unresponsive due to a possible concussion received during a fight in the 45-300 block of Desert Fox in the city of La Quinta. The investigation will continue when the victim is able to give a statement regarding the assault. O1/28 Sunday (47) 0625 hours- Dep. Trower responded to an unattended death in the 78100 block of Crimson Drive. A seventy-three years old male was found deceased at the residence by his wife. The deceased had a history of medical problems and there were no signs of foul play. The coroner was notified and responded to the scene. 1405 hours- Corp. Hughes and Dep. Berry responded to a traffic collision at Eisenhower Drive and Avenida Fernando. Investigation revealed that Scott Taylor Madigan was SB on Eisenhower Drive, ran the red light at Avenida Fernando, and struck a vehicle making a left turn from Avenida Fernando onto NB Eisenhower Drive. The driver of the second vehicle expressed severe complaint of pain in the rib area and stated that she was two months pregnant. She was transported to JFK Hospital for treatment. Madigan was determined to be driving under the influence of alcohol and arrested. He was transported to JFK Hospital for an OK to book and then booked into the Indio Jail for driving under the influence. 1410 hours- Dep. Adams responded to a suspicious person call at Target. Security observed Ryan Damge place several items into a shopping cart and walk toward the garden department exit. As deputies entered the store, Damge put the cart next to a register and told the clerk his friend would be back to pay for the items. Damge was found to be in possession of a methamphetamine pipe. He was arrested for possession of drug paraphernalia and booked into the Indio Jail. 1800 hours- Detectives were called out to assist in a credit card fraud/commercial burglary that occurred at Circuit City, in La Quints. Dep. Bawdon conducted the initial investigation. Mark Rosswom was identified as the suspect and he was contacted at his residence. During a consent search, the majority of the property that had been fraudulently purchased was recovered at the residence. Property valued in excess of $10,000.00 was recovered. 2130 hours — Dep. Bloomquist responded to a report of a man sleeping in the parking lot of the Von's Shopping Center at Hwy. 111 and Washington. Dep. Bloomquist contacted Jason Olms a transient. Olms was highly intoxicated and was transported to JFK for an OK to book. Due to Ohms poor medical condition he was released at the hospital. 01/29 Monday (73) 1430 hours — La Quinta Special Enforcement Team deputies arrested Miguel Gonzales for possession of an illegal weapon and driving on a suspended license following a traffic stop at Ave. 52 and Madison. Gonzales was booked into the Indio Jail. O1/30 Tuesday (84) 1210 hours- Dep. Gaunt conducted a traffic stop at Auto Center Way and Highway Ill. He arrested Toribio Angulo for possession of methamphetamine, possession of drug paraphernalia, and violation of probation. Angulo was booked into the Indio Jail. 1240 hours — SET 'Team deputies arrested Fred Marohn for an outstanding warrant following a warrant service at Dune Palms Trailer Park. Marohn was booked into the Indio Jail. 1320 hours — Business District Deputy M. Covington arrested Monique Mills for passing a forged check and possession of stolen checks after Mills was identified as a suspect in a La Quinta based check fraud case. Mills was booked into the Indio Jail. 1445 hours — SET Team deputies arrested Jesse Andrade for possession of a syringe and possession of drug paraphernalia following a pedestrian check in the 77600 block of Calle Hidalgo. Andrade was booked into Indio Jail. 2215 hours- Dep. Drafton responded to a report of domestic violence in the 78400 block of Via Savila. Fernando Romero stated he was assaulted by his wife Virginia Romero. Virginia Romero was arrested for spousal abuse and booked into Indio jail. O1/31 Wednesday (70) 2115 hours— Dep. Lingle stopped Etti Zuckerman for traffic violations at Washington St. and Ave. 47. Zuckerman was arrested for driving under the influence and was booked into Indio Jail. 2335 hours — Dep. Drafton conducted a pedestrian check of Peter Nunez at Montezuma Park. Nunez was arrested for possession of hypodermic needles. 2354 hours — Corp. Lopez stopped Elmer Menendez at Ave. Diaz and Calle Sonora for traffic violations. Menendez was subsequently arrested for an outstanding warrant and booked into Indio jail. Total Calls For Service: 2,212 Deputy Marlayna Covington CITY OF LA QUINTA Business District Deputy Report January 2007 Summary of Activity Type of Activity Number Business Management Contacts 10 Investigations ET 12 Suspects Arrested / Charged 10 SIGNIFICANT ACTIVITY It was my pleasure and honor to accept an invitation from the Rotary Club to be the guest speaker at their January 26th membership meeting. I explained the duties, goals and scope of the Business District Deputy position. I outlined specific business district programs that I have implemented and reported on the accomplishment and success of the program. Investigative leads led me to identify a suspect involved in a business district theft. Working in partnership with the La Quinta SET team, we traveled to Desert Hot Springs where an arrest was made. Subsequent investigation developed additional charges against the individual. During the course of the arrest, other persons at the location were identified and arrested for crimes unrelated to the business district. I successfully conducted a credit card fraud investigation in which I was able to make a positive identification of the suspect. Although the suspect had fled, I submitted my findings to the District Attorney's office and an arrest warrant has been issued for the suspect. A check fraud investigation led to the identification of three suspects. Two have been interviewed and arrested and charges have been filed against the outstanding suspect. CITY OF LA QUINTA Special Enforcement Team January 2007 Deputy Ismael Celaya Deputy Timothy White Deputy Damen Butvidas Sergeant Matt Jimenez Corporal Ruben Perez Deputy John Alexander Type of Activity # of Incidents Type of Activity # of Incidents Programs 2 Bicycle Patrol 0 Vehicle Checks/Stops 15 Arrest Warrants Served 5 Pedestrian Checks 10 Search Warrants 1 Follow-ups 30 Parole Searches 6 Citations Issued 0 Arrests/Filings 18 La Quinta SET conducted an extensive two week investigation into the identification and arrest of a violent parolee -at -large wanted for armed robbery, vehicle thefts a residential burglary, credit card fraud and commercial burglary. La Quinta SET conducted follow-up regarding a stolen vehicle and compiled sufficient evidence to obtain both an arrest and search warrant for the suspect and his residence. He was subsequently taken into custody. La Quinta SET worked with the Indio Police Department in compiling intelligence which assisted their Graffiti Task Force in the identity and subsequent apprehension of several suspects for variou vandalisms occurring throughout the valley. La Quinta SET worked closely with Deputy Covington of the Business District Unit to conduct follow and assist her in the apprehension of several wanted suspects for various commercial district relate crimes. La Quinta SET is currently working on several cases which will lead to the arrests and/or additional of persons sought during the month of January. _ CITY OF LA QUINTA Traffic Services Team Report January 2007 Summary of Activitv Type of Activi Number of Incidents Speed Violations 63 Fail to Yield 4 Turning Violations 24 Calls for Service & B/U's 14 Red light 19 Stop Sin 2 Lane Change Violation 0 Seat Belt Violations 10 Child Seat Violations 1 DUI Arrests 1 Misdemeanor Arrest 5 Felony Arrest 1 Warnings 6 Tows 16 Injury T/C 2 Non -injury T/C 8 Suspended DL 21 Non -Moving 61 Total Citations 170 13 Deputy Kevin Moore La Quinta MS Paige MS Truman ES Adams ES Franklin ES CITY OF LA QUINTA School Resource Officer Report January 2007 Summary of Activitv Type of Activity Number of Incidents Reports 10 Arrests 2 Traffic Stops 7 Business Checks 3 Truant 1 Vehicle Checks 6 Follow-up 4 Pedestrian Checks 6 Citations 5 1. Completed the Police Officer Standard Training certified "Drug Abuse Recognition" class. 2. Conducted a successful search for a runaway student. The student was located at the home of a friend and was returned to her mother. 3. 1 investigated a report of tresspassing on school grounds involving a fifteen year old student who had previoulsy been suspended. The student was located and was found to have a knife in his possession. The student was arrested and booked into Juvenile Hall. 4. 1 planned, scheduled and coordinated a working police dog demonstration for elementary school students. Canine handler, Dep. Bashe, and his canine partner, Raki, carried out the demonstration. I completed the recertification process for First Aid and CPR through the Riverside County Sheriff's Office. Deputy Eric Speir La Quinta High School CITY OF LA QUINTA School Resource Officer Report January 2007 Summary of Activitv Type of Activit Number of Incidents Criminal Reports 7 Non -Criminal Incidents 1 Arrests 1 District Attorney Filings 4 Y.A.T. Referral 3 Vehicle Checks 1 Pedestrian Checks 3 Follow -Up 1 Truancy 3 1. Charges were filed on two female students for theft of items from the girl's locker room. One suspect was found to be in possesion of stolen property and was referred to YAT. The second suspect was found to be on probation for a previous theft conviction. 2. 1 conducted an investigation of an adult male who was in contact with a female student via the internet. Due to the suspicious nature of the circumstances the investigation has been assumed by detectives. Three students were cited for truancy. One of the three, was found to have a no -bail warrant and was arrested. A second student was found to be in possession of tobacco products and the third was in possession of alcoholic beverages. Both had charges filed against them with the District Attorney's Office. J15 CITY OF LA QUINTA ..Wmmunity Programs Coordinator Report January 2007 Thomas Fowler Community Service Officer II Summa of Activi Type of Activity Number Crime Prevention Articles and Reports 6 Community Programs 1 Community Meetings Attended 6 C.P.T.E.D.Inspections 1 Open Door Patrol Program 20 hrs. Patrol Duties 27 hrs. 1. Completed the first draft of a Crime Prevention Through Environmental Design (C.P.T.E.D.) security handbook. Coordinated with Valley Crime Stoppers to provide a $200.00 cash reward for an anonymous informant who provided information that led to the solving of a theft and the arrest of two suspects. 3. Completed the curriculum and scheduled the first class to participate in the "Understanding Crime Prevention" community education program. CITY OF LA QUINTA Community Service Officer Report January 2007 C.S.O. Monica Santillanes C.S.O. Thomas Fowler Summary of Activitv Type of Activity Number of Incidents Burglary Investigations $ Grand Theft Reports 3 Petty Theft Reports 4 Vandalism/Malicious Mischief Reports 5 Traffic Collision Response 10 Vehicle Code or Parking Citations 45 Abandoned Vehicles TaggedMarning 12 Towed Vehicles 2 Lost or Found Property Reports 3 Stolen Vehicle Report 0 Lost / Found Property Report 1 !Training 20 hrs. Miscellaneous Calls 14 Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report January 2007 Meet Your Volunteers -- Mr. Will Kline Will Kline joined the LQPD volunteer program in April of 2003 in response to an article in the La Quinta GEM publication. Will was one of two volunteers who completed the first volunteer training program. Will's great attitude and calm nature is appreciated by our citizens and our deputies alike. Will has also completed the Citizens on Patrol training and is looking forward to serving as the first dispatcher for the program. Despite double hip replacement, Will has contributed over 1,000 volunteer hours to the citizens of our community. Will and his wife Donna reside in the Watercolors residential complex. S mary of Activitv Communi Policin Office Number I Citizens On Patrol Month) Volunteer Hours 165 communityEvents Hours YTD 165 Business Checks Hours 4/03 to Present 11,189 Traffic Control N51 CPO Month) Visits 142 Courtes Notifications CPO YTD Visits 142 Public Assists CPO 4/03 to Present 7,708 Patrol Hours YTD Patrol Hours 95.5 Total Program Hours 481.5 ;I8 CITY OF LA QUINTA Post 503 Explorer Report January 2007 Corporal Andy Gerrard Post 503 Explorers at the Chandler, AZ Police Department Explorer Tactical Competition. 503 Explorers started 2007 with a full agenda of activities! Activities included monthly training es; community assistance and volunteer events; Chandler, AZ tactical competition; unit ds banquet; parking and traffic control training and a fun -filled outing to Disneyland. Post 503 Explorers express their appreciation to Araceli Coronel for a generous donation that helped to fund the unit awards banquet. During the awards banquet, Explorer Post 503 Captain Edgarto Galarza received the "2006 Explorer of the Year" award. Longtime Explorer Post 503 Supervisor William Sullivan received the "Outstanding Leadership" award. Ten Explorers competed in the Chandler, AZ Police Department Explorer Tactical Competition. Post 503 members won the 3rd place overall "Hostage Negotiation" trophy. Corp. Ken Black, Indic Station, had provided expert instruction in this area to the Explorers prior to the competition. Post 503 members also performed well in the "Ten Person High Risk Search Warrant' and "Tubular Assault" events. Post 503 members assisted with parking and traffic control at two community events during the month of January 1519 Department Report: LA' Ul, TA P@LICE Served by the riverside County Sherirs Department Crime Statistics Summary December -- 2006 Prepared for O2 0 PART I: 10 11 12 13 TRAFFIC: CITY OF LA QUINTA Crime Comparison -- December CRIME December December YTD 2006 YTD 2005 2006 2005 AGGRAVATED ASSAULTS 3 4 51 74 BURGLARY 48 52 716 797 BURGLARY - VEHICLE 22 50 314 522 DOMESTIC VIOLENCE 21 8 177 166 HOMICIDE 0 0 1 0 NARCOTICS VIOLATIONS 22 13 283 168 ROBBERY 3 2 38 27 ROBBERY - CAR JACKING 1 0 3 3 SEX CRIME FELONY 0 4 30 45 SEX CRIME MISDEMEANOR 2 3 22 24 SIMPLE ASSAULTS 16 17 187 222 THEFT 116 125 1302 1276 VEHICLE THEFT 9 19 213 194 TRAFFIC CITATIONS 301 307 4392 4229 TIC NON -INJURY 72 63 696 506 DUI 27 28 239 197 TIC INJURY 5 13 123 102 TIC FATAL 0 0 2 2 CITY OF LA QUINTA DISPATCH INFORMATION DECEMBER 2006** TYPE OF CALL RESPONSE TIME MINUTES NUMBER OF INCIDENTS EMERGENCY NIA 0 ROUTINE 10.81 1326 ** Data from Riverside Co. Sherifrs Department Data Warehouse, Average Response Time Report. CITY OF LA QUINTA Decettber2006Crime Distnbution 140 120 100 80 60 40 20 0 9 w co < c7 S <_ Z '� O > W .n m w in y 5 m vDi CC) 7� m m X aM M S0 mm yn m nm p� mX C9 --"-] rC-< a ra �� C7 OO a �A < -C3 ma �m m n� m az3 x o a a am y 116 22 21 � 1b 3 _0..._ 3 I 0 � Crime Distribution Table Dec-06 % of Total Dec-05 % of Total 1 AGGRAVATED ASSAULTS 3 1.11% 4 1.35% 2 BURGLARY 48 17.78% 52 17.51% 3 BURGLARY - VEHICLE 22 8.15% 50 16.84% 4 DOMESTIC VIOLENCE 21 7.78% 8 2.69% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 22 8.15% 13 4.38% 7 ROBBERY 3 1.11% 2 0.67% 8 ROBBERY - CAR JACKING 1 0.37% 0 0.00% 9 SEX CRIME FELONY 0 0.00% 4 1.35% 10 SEX CRIME MISDEMEANOR 2 0.74% 3 1.01% 11 SIMPLE ASSAULTS 16 5.93% 17 5.72% 12 THEFT 116 42.96% 125 42.09% 13 VEHICLE THEFT 9 3.33% 19 6.40% Total 270 96.30% 297 98.65% Month to Month Crime Comparison - DECEMBER ® December 2006 a December 2005 140 1t 120 100 80 60 -- 40 13 1617 20 ¢ 0 0 n A mA o3 3 OA m AO eex � a3 to m wA n mn �'� rn A m p.n e0ex eq �° n 1400 1200 1000 800 600 400 200 0 Year to Date Crime Comparison - DECEMBER =YTD Month to Month Traffic Activity Comparison - DECEMBER ® December 2005 ® December 2005 350 301 307 300 250 200 150, 100 50 5 0 0 0 TRAFFIC TIC NON -INJURY DID T/C INJURY TIC FATAL CITATIONS Year to Date Traffic Activity Comparison - DECEMBER n YTD 2006 f1 YTD 2005 5000 4229 4000 3000 2000 1000 239 197 123 102 2 2 0 TRAFFIC T/C NON -INJURY DUI TIC INJURY T/C FATAL CITATIONS .j 24 Month to Month Calls for Service Comparison December 2006 2500 2064 1964 2000 © 06-Dec 1500 125E m 05-Dec 1000 758 726 500 0 Total Non -Criminal Criminal Year to Date Calls for Service Comparison 30000 25332 25135 25000 20000 g 'I6406 15625 ®YlD 200E 15000 m YTD 2005 9926 9310 10000 G� 5000 .5 0 Total Non -Criminal Criminal j"5 John R. Hawkins Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of Banning Beaumont Calimesa Canyon Lake Coachella Desert Hot Springs Indian Wells Indio Lake Elsinore La Quinta Moreno Valley Palm Desert Perris Rancho Mirage San Jacinto Temecula Board of Supervisors Bob Buster, District I John Tavaglione, District 2 Jeff Stone, District 3 Roy Wilson, District 4 Marion Ashley, District 5 RIVERSIDE UUUN I Y FIRE DEPARTMENT In cooperation with the DEPARTMENT REPORT: California Department of Forestry and Fire Protection 210 West San Jacinto Avenue • Perris, California 92570 • (909) 940-6900 • Fax (909) 940-6910 February 1, 2007 Honorable Mayor Adolph and Members of the City Council City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Ref: Quarterly Report Attached please find the Fire Department Quarterly Report for the City of La Quinta for October I through December 31, 2006. The report depicts the following highlights: Riverside County Fire Department units responded to the following La Quinta Calls: • Medical Aids 421 • False Alarms 74 • Structure Fires 12 • Vegetation Fires 4 • Rescues (accidents, entrapments) 79 • Other Fires (vehicle, refuse, etc.) 16 • Public Service Assists 39 (Non -emergency assistance) • Fire Menace Standby 17 (Fuel spill, gas leak etc.) Statistically, this resulted in a 3% increase in calls over the same quarter in 2005. A review of all calls for 2006 shows that a total of 2574 incidents were generated within the City limits of La Quinta. This was slightly over a 10% increase above calendar year 2005. In addition to the attached numbers and charts, I have provided a couple of photo pages for your review. The first is a structure fire which occurred within the "Cove" area of La Quinta on December 3, 2006. The second sheet shows another way we support our community. During the months of November and December, our stations participated in the annual "Toys for Tots" Campaign to bring toys to needy children across the desert. Respectfully Submitted, John R. Hawkins County Fire Chief By: Dorian J. Cooley Battalion Chief An - e) 6 La Quinta City Fire Responses Quarter Totals :al Responses m raise Alarms ®Structure Fire ❑Vegetation Fires ❑ Rescues ® Other Fires ® Public Service Assists ® Fire Menace Standby October-06 November-06 December-06 Totals Medical Responses 118 140 141 399 False Alarms 18 36 20 74 Structure Fire 3 3 6 12 Vegetation Fires 2 0 2 4 Rescues 25 29 25 79 Other Fires 5 7 4 16 Public Service Assists 13 9 17 39 Fire Menace Standby 7 3 5 15 TOTALS 191 227 220 638 527 La Quinta City Fire Responses Quarterly Totals Quarterly Comparisons ❑ 2006 ® 2005 6a es 'Qss'Oo �s as '� ^�o Os s �Os O10 AG6V1e 11�� s e' es ssrs 06y Fourth Quarter 2006 2005 Medical Responses 399 382 False Alarms 74 106 Structure Fire 12 10 Vegetation Fires 4 2 Rescues 79 75 Other Fires 16 10 Public See Assists 39 36 Fire MenacervicStandby 15 22 TOTALS 638 643 2n 1/2007 Photo showing interior of garage after fire has been extinguished. Material at bottom left corner is the remains of the main door. Beneath that door is an automobile. On December 3, 2006 — at approximately 07:15 AM, units responded to a reported structure fire. On arrival, a fire was found well established in a garage, and spreading to the attic. In this photo, most of the garage fire has been knocked down, and crews are inside — attacking the attic fire. Here on the inside of the structure you can see the results of the firefighter's efforts to locate and extinguish the attic fire. During these operations, some firefighters are assigned to protect the owner's property. Large tarps (removed in this photo) are used, as well as the removal of items to the outside if feasible. �It) 1 0.3 Firefighters working on one of the many loads of bicycles. They were hauled to a local La Quinta resident's donated garage space until Santa was able to ship them out. The North La Quinta Fire Station is also "toy -central" during the holidays. 158 bicycles, 213 stuffed. animals, and over 700 other toys were processed. Here, Firefighters accept a donation of three bikes from a resident. The toys were distributed to needy children throughout the valley. Here three kids take delivery of their new bicycles. r -* Titf 4 4 a" COUNCIL/RDA MEETING DATE: February 20, 2007 ITEM TITLE: Continued Public Hearing to Consider Adoption of Resolutions of the City Council Certifying Environmental Assessment 2006-579, Approving Specific Plan 2006-081 for Design Guidelines and Development Standards, Tentative Tract Map 35060 for the Subdivision of 28.33 Acres into 74 Residential Lots With Amenity and Street Lots, and Site Development Permit 2006-873 for Lot Size, Setbacks and Density, for the Property Located on Washington :itreet and Northwest of the Avenue 48 Terminus. Applicant: Laing Luxury Homes RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: _ PUBLIC HEARING: Adopt Resolutions of the City Council Certifying a Mitigated Negative Declaration for Environmental Assessment 2006-579, approving Specific Plan 2006-081, Tentative Tract Map 35060, and Site Development Permit 2006-873, subject to the Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. FEBRUARY 6 MEETING This project was first heard by the City Council at its February 6, 2007 meeting. Following the staff report, testimony was taken from the applicant and several neighboring property owners. Property owners to the south, in the Laguna de la Paz residential community, expressed concern with how the proposed development will interface with their community. More specifically, concern was raised with regard to the existing Laguna de la Paz perimeter wall, proposed pad heights, proposed Laing perimeter wall, storm water impact upon Laguna de la Paz, and landscape treatment and maintenance. Concern was also raised by the St. Francis of Assisi Church representatives with regard to allowing access across the Church property to a proposed future signalized intersection. In addition, concern was also raised with regard to proposed grading on the Church property. Based upon the testimony provided and the interest expressed by Council Members for these matters to be further addressed by the applicant, this item was continued to the February 20, 2007 meeting. Since the February 6, 2007 meeting, staff has met with the applicant and a representative from the Church. Both parties stated that an agreement is in process that would ultimately allow access and grading to occur. Staff has also reviewed preliminary grading information recently provided by the Church for a parking lot expansion project and compared it with the grading proposed with the original Laing grading plan finding the plans to differ up to approximately ten feet. The applicant has also notified staff that a meeting with the Laguna de la Paz representatives occurred on February 16, 2007. The applicant will report on that meeting. The following information was provided in the February 6, 2007 staff report. BACKGROUND AND OVERVIEW: Several projects have previously been proposed for the 28.33 acre project site located on the west side of Washington Street adjacent to and north of the Laguna de La Paz residential neighborhood (Attachment 1). The improvements currently on the property were permitted through a Specific Plan and Site Development Permit approved for the La Quinta Arts Foundation. In 2004, Foxx Homes proposed a tentative tract map (No. 32397) on the property, which was approved, but not developed. If approved, the current proposal will supersede previous approvals. Project Request: The proposed project consists of three components: 1. A Specific Plan establishing development standards and guidelines for a residential community consisting of 74 single-family residential units, open space, recreation and retention areas on 28.33 acres; 2. A Tentative Tract Map to subdivide the 28.33 acres into 74 single-family lots, as well as lots for streets, open space, recreation, and retention basins; 3. A Site Development Permit to approve the architecture and layout of the 74 units, and implement the Specific Plan. Access to the project will be from Washington Street. The main entrance will be at the location of the existing entry previously constructed by the La Quinta Arts Foundation, which is located in the center of the site. A secondary access is proposed to be constructed at the northeastern corner of the site, also connecting to Washington Street (future signal) and will be a joint access shared with Saint Francis of Assisi Church. vJ� Specific Plan and Site Development Permit: The Specific Plan defines the development standards and guidelines for the proposed project (Attachment 2). The Specific Plan allows for the development of 74 single- family units, divided into 25 "Hacienda" units and 49 'Bungalow" units. The Hacienda units are proposed to be located along the southern and western property boundaries. The Bungalow units will be located in the center of the site. In addition to the residential lots, the Specific Plan proposes a central pocket park area (0.47 acres), as well as the adjacent retention area (1.65 acres) being designed to provide walking trails for resident use. The development standards for each unit type are summarized below (page 33 of the Specific Plan provides a complete listing of all development standards). Summary of Development Standards Standard "Hacienda" Units 'Bungalow" Units City Standards Minimum lot size (s.f.) 10,320 6,290 7,200 Maximum height (ft.) 28 28 28 Maximum number of stories 1 2 2 Minimum front setback (ft.) 15 to building/ 20 to garage 5 20 Minimum rear setback (ft.) 10 5 20 Maximum lot cover -age (%) 501 601 50 The architectural style for the project is Spanish Colonial (Attachment 3). The Hacienda units will range in size from 3,700 to 4,100 square feet, and are to be single story. Three floor plans are proposed, with two elevations per plan. Tile roofs, sand stucco walls with adobe brick accents, tile, and ornamental wrought iron are proposed for each of the plans. The Bungalow units are proposed to range in size from 2,392 to 3,207 square feet. These units include six floor plans, two of which are to be two stories in height, with two elevations for each floor plan. The materials and finishes proposed for the Bungalow units are similar to those proposed for the Hacienda units. The Specific Plan allows for "guest suites" in addition to the bedrooms in each home (please see further discussion under "Analysis," below). A loop road is proposed through the center of the site (Attachment 4). Interior streets are to be 56 feet in right-of-way width with a pavement width of 36 feet. This pavement width will allow for parking on both sides, narrowing at several "chokers" (bulb -outs into the street used for traffic calming) to 28 feet, with no parking allowed in those locations. The exception is street "E", which is proposed to have a pavement width of 28 feet where chokers are proposed, with parking only being provided on one side of the street. The entry drives are both proposed to be 36 feet in pavement width. In addition to the project roadways, access to the Bungalow lots will be via shared driveways, 24 feet in pavement width, which will serve four units each. 5 3) 3 Although the proposed "chokers" reduce some of the area available for on -street parking, an analysis was completed by the applicant, which demonstrates that sufficient parking is available outside the chicane areas to accommodate all project parking. Pedestrian "paseos" are provided through the tract, located in an east -west fashion between the Bungalow units, connecting to trails in the retention basins, as well as to the sidewalk on Washington Street (please see additional discussion under "Analysis," below). Landscaping is proposed to be of a drought tolerant nature, and will be consistent throughout the project. Trees include, but are not limited to, California Pepper, Palo Verde, Mesquite, varieties of Acacia and Desert Ironwood. Perimeter landscape setbacks along Washington Street are a minimum of 150 feet in depth; averaging 20 feet on the north and south project boundaries; and varying from 15 to 85 feet along the western property boundary. A perimeter wall is also proposed around the entire site (please see additional discussion under "Analysis," below). The western boundary of the project also includes an open space lot, Lot A, which provides for retaining walls and a transition to the permanent open space located adjacent to the west of the site. The retaining walls are proposed as a series of three tiers which will provide erosion control and drainage in this area. The design of the walls is discussed further under "Analysis," below. Analysis: In reviewing the Specific Plan, several issues merit further review, and which have resulted in specific conditions of approval. These issue areas are discussed individually below. General Plan/Zoning Having a gross density of 2.6 units per acre, the proposed single family residential development is consistent with the density provisions of the Low Density Residential land use and zoning provisions, which allow for up to four units per acre. However, the applicant is requesting, via the Specific Plan, relief from certain development standards, such as minimum lot size, front and rear yard setbacks, lot coverage, and exceeding the image corridor maximum height for the entry tower. Most of the requested relief to standards will apply to the bungalow lots. This will create a more intimate setting that relies upon strong architectural and site design. Staff believes that the proposed site design, combined with the architecture, will create an environment that supports the requested relief. The front yard setback proposed by the applicant for the Haciendas is at 15 feet. This does not provide adequate space for standard vehicles to park in front of the garage. Therefore, staff has included a condition of approval requiring the Specific Plan be amended and Site Development Permit conditioned to allow the Hacienda units to have a 15 foot front yard setback except for garages with access oriented perpendicular (side loaded) with the street which must have a 20 foot front yard setback. Guest Suites The original Specific Plan identifies an allowance for up three "guest suites" per lot, for any of the 74 lots. The guest suites have been defined in the Specific Plan as "a detached or attached unit with sleeping and sanitary facilities and limited food preparation facilities (kitchenette/wet bar service)." Although not included in the definition, the other identifying feature of the guest suites is that they have separate entrances and are not directly accessible to the main house. Most of the separate entrances are "linked" via a covered walkway or courtyard. As proposed, the Bungalow plans show up to two guest suites per plan on the two story units, and one guest suite per plan for the one story units. The Haciendas show one guest suite per plan. No units are shown to include three guest suites even though the Specific Plan is requesting this. Planning Commission had a concern that the guest suites, because of their independence from the main house, and their self-contained nature, could be considered multiple units in a single family home neighborhood. Although the applicant is proposing to develop a high -end, single-family residential product, the entitlement provided by the Specific Plan is tied to the land, not the applicant. If approved as proposed, the entitlement could allow up to three guest suites per lot regardless of the project proposed. This has the potential to affect project design, parking, and other issues relating to multiple units. To additionally complicate the issue, the Uniform Building Code considers a single family home any grouping of rooms connected by a covered or open walkway, sidewalk, or an enclosed hallway. Therefore, should the project be amended, the Building Code provisions do not provide the City with protection. Staff discussed the issue with the applicant, who has proposed an amendment to the Specific Plan language that changes the definition for guest suites and limits the maximum number of such units to two for the Bungalows and one for the Haciendas (Attachment 6). Staff has included a condition of approval requiring the Specific Plan be amended and Site Development Permit conditioned to only allow one guest suite with a kitchenette per lot. Passive Open Space and Retention Basins The proposed project includes two private recreation areas: one central to the Bungalow Units and one immediately south of the project's main entry. In addition, the retention basins proposed along the entire frontage of the project on Washington Street will provide access through trails which connect to the interior walkways. Although enhanced landscaping is proposed for these areas, and an arbor with seating is shown in the Specific Plan for the central park, no recreational amenities are proposed for any of the park areas. Given that the trails extend throughout the site, and that their use is likely by a variety of types of users, staff feels that the addition of amenities is required to make these areas functional for the residents. A condition of approval is proposed for both the Specific Plan and the Site Development Permit requiring the inclusion of seating along the trails at intervals of no more than 200 feet and a recreation amenity be added to the central pocket park. -ter .1,iJ Main Entry As currently designed, the main entry presents a strong aesthetic statement for the project. However, this design only provides for a limited turning radius, which will be difficult for larger delivery vehicles that require a large turning radius. In addition, the tower feature located just south of the drive proposes a maximum height of 28 feet. The tower setback is approximately 95 feet from the Washington Street property line, which is within the 150 foot image corridor setback. The applicant has requested relief in the Specific Plan from the 22-foot maximum height requirement. Paseos or Pedestrian Paths A series of paseos are proposed between the Bungalow lots, which will provide pedestrian access throughout the project. The paseos are shown as a four foot walkway within a minimum 11 foot wide landscaped area. These lead to a looped trail within the retention basins, and also connect to the sidewalk along Washington Street. However, no provision has been made on the tentative tract map for access easements where paseos are to be located. Thus, the paseos could be blocked by land owners who would be within their rights to restrict access. A condition of approval has been added to the tract map which requires easements be provided between the appropriate lots to assure the long term viability of the paseos. Perimeter Wall and Landscape Design A six foot high perimeter wall is proposed around the entire project. On the Washington Street frontage, this wall is proposed in sections approximately 120 feet in lengths and to be located on top of a six foot berm, resulting in a 12 foot high barrier along the entire frontage. The wall is to be set back from the property line in a staggered distance of 20 to 31 feet. The impact of a 12 foot high wall on Washington Street is considered by Planning Commission to be in excess for this location, which is a primary image corridor for the community, and is much higher than the adjacent Laguna de La Paz perimeter wall. The Planning Commission has recommended a condition of approval which restricts the combined wall and berm height to no greater than eight feet measured from top of curb. Additionally, the proposed Washington Street perimeter wall design presents a long linear image and needs to have visual relief. A condition of approval is included which requires the installation of pilasters at each of the wall openings, and in the center of each 100 foot section on the Washington Street frontage. A series of retaining walls are proposed at the base of the sand dune near the western property boundary. Three tiers of retaining walls extend approximately 450 feet and act as erosion control and drainage way for storm flows coming down the mountainsides. The tiers extend up to a height of 28 feet, and will generally be blocked from view on Washington Street by the intervening homes. However, the areas between the tiers are narrow, with only a four foot width, and steep, with a 2:1 slope, and will not allow sufficient space for landscaping and may be subject to moderate to severe erosion. Since landscaping will be integral to the softening of the retaining walls for views from neighboring lots, a condition of approval is included which requires the re -design of these walls to include additional landscaping, a six foot JJfJ horizontal separation, and a maximum 3:1 slope in areas where trees and large shrubs are proposed. The applicant has reported to staff that they have been working with the Laguna de La Paz Homeowners Association regarding the proposed wall and landscaping treatment along the south property line. The applicant has reported that the HOA is supportive of the design and will be corresponding accordingly. A letter from legal council for the HOA (Attachment 5) was received identifying that both parties are working together but still need to resolve an issue regarding drainage across the Laguna de La Paz common area. Tentative Tract Map The Tentative Tract Map implements the Specific Plan, and is consistent with it, as amended above. The map includes the subdivision of all the residential lots; the private streets and open space areas described in the Specific Plan. The Map also includes the design of the northern access point, which will eventually be shared with St. Francis of Assisi Church. The applicant wishes to maintain this as an egress only access point. Staff believes that this should be an access point that accommodates both ingress and egress traffic, particularly with this shared access being designed for a signal at Washington. It should be noted that in order to accommodate two-way traffic the existing design will need to be amended in order to meet stacking and turn around requirements, which will impact the current design on the St. Francis of Assisi Church property and may impact Lots 73 and 74. In addition, the applicant has yet to provide easement documentation from St. Francis of Assisi Church that confirms the applicant's right to use the adjacent property for the proposed secondary access. Therefore, a condition of approval has been added requiring the applicant to provide an alternate map design excluding the northern secondary access and provides for a secondary emergency access connection to Washington Street. This change could result in the loss of several lots as it would require a redesign to the storm water detention area. Also, the redesigned access would be restricted to emergency access only, which in turn will result in all trips relying upon the main entry. The proposed design also relies upon grading a portion of the St. Francis of Assisi Church property. Additional information regarding this matter is provided below under the Planning Commission section. The Map implements the drainage improvements required for this project, which are extensive, particularly on the western boundary. Staff had concerns that the slopes required in this area could require encroachment into the dedicated open space lands to the west, and the applicant has modified all plans to assure that there will be no encroachment, and all cuts and fills will occur within the proposed parcel. In addition, the conditions of approval include a requirement for a grading monitor to be on site during earth moving along the western property boundary, to assure that no encroachment occurs. As previously noted, the subject property abuts the Laguna de la Paz subdivision to the south. The Map identifies a graduating grade difference that increases from east to west with the highest difference being approximately 11 feet at Lot 11. It is,wprth noting that the lots with the highest difference (Lots 7-10) abut community open space and a private street. Those closest to existing Laguna de la Paz homes vary in difference from 4-7 feet and are also separated by an open space area that varies between 20 and 40 feet in width. In an effort to provide visual reference to Laguna de la Paz residents, the applicant has installed story poles to identify the top of building height for the residences proposed for Lots 3, 6, and 12. The Map conforms to the requirements of the Subdivision Map Act and the City's subdivision ordinance, as conditioned. Architecture and Landscape Review Committee (ALRC) Comments: At their January 17, 2007 meeting, the ALRC reviewed the proposed development. Discussion focused upon the proposed landscape palette, design treatment to the retaining walls at the west end of the project, and the perimeter treatment along the Washington Street frontage. After considerable discussion, the ALRC recommended approval of the Site Development Permit by Minute Motion 2007-001, subject to incorporation of the following: 1 . A Community Development Department application for Final Landscape Plan Check shall be submitted for final landscaping plans and reviewed by the ALRC with final approval by the Community Development Director. 2. The six-foot tall perimeter wall proposed along north and south property lines shall be measured from the on -site finished grade of the residential lots. Said walls shall be constructed of solid materials that prevent direct views of adjacent properties. 3. The applicant shall redesign the perimeter wall and berming along the Washington Street frontage for a maximum combined height of wall and berming not to exceed 12 feet, of which the wall height shall not exceed six feet and the maximum height shall undulate between ten and 12 feet. Said wall shall incorporate random pilasters. 4. The applicant shall redesign the three tiered retaining walls. Said retaining walls shall have a curvilinear pattern with additional stepping and design details that integrate the walls with natural elements such as rock outcroppings. Additional trees and large shrubs shall be incorporated into the design to soften the visual impact of the proposed walls. A minimum of six feet between said walls and a maximum slope of 3:1 shall exist in locations where trees and/or large shrubs are proposed. Staff presented a more conservative condition regarding the maximum berm and wall height along Washington Street consistent with the aforementioned in the analysis section of this report. Staff continues to maintain that a maximum combined wall and berm height of eight feet is appropriate for this frontage and will transition well with the adjacent perimeter wall for Laguna de la Paz. Planning Commission: The Planning Commission considered this matter at the January 23, 2007 meeting. During the public hearing, a representative from St. Francis of Assisi Church identified that the Church had not granted permission for the applicant to use their property for the proposed north access nor allowed the grading proposed in the northwest corner. The representative stated that the Church would prefer the applicant not access onto the Church property citing concern with the north access becoming the primary access due to the connection to a future light proposed at Lake La Quinta Drive. Based upon the testimony provided at the meeting, the applicant identified that the proposed development could be redesigned without relying upon the adjacent St. Francis of Assisi Church property should they not be able to secure the necessary easements. The Planning Commission ultimately moved 5-0 to recommend City Council approval of Environmental Assessment 2006-579, Specific Plan 2006-081, Tentative Tract Map 35060 and Site Development Permit 2006-873 subject to amending the conditions of approval to limit the Washington Street wall and berm height to a maximum of eight feet measured from top of curb, no turf be provided on the Washington Street frontage, the entry tower be limited to a maximum height of 22 feet, and the redesign for retaining walls along the north property line be approved by the Public Works and Community Development Directors. Since the Planning Commission meeting, the applicant has proposed an alternate design that adds an emergency access to Washington Street and proposes retaining walls along the north property line eliminating the grading proposed on the adjacent property (Attachment 6). The retaining wall design is proposed to be similar to the west walls identified previously in the report. It should be noted that the applicant also recently submitted a letter to staff requesting several amendments (Attachment 7) including a proposal to increase the pad elevations for Lots 12-25. Staff does not support increasing pad elevations or any of the other changes identified in the letter. Public Notice This request was published in the Desert Sun newspaper on January 26, 2007, and mailed to all affected property owners and occupants within 500 feet of the project site as required by Section 9.200.1 10 of the Zoning Code. To date, no letters have been received. Public Agency Review A copy of this request has been sent to all applicable public agencies and City Departments. All written comments received are on file with the Community Development Department. Applicable comments received have been included in the recommended Conditions of Approval. In addition, a letter was recently received from the Fish and Wildlife Service thanking staff for including their comments into the conditions of approval (Attachment 8). Additional comments were also received from the Agua Caliente Band of Cahuilla Indians requesting conditions of approval for a cultural monitor to be present during grading activity and for proper notification to be provided and work to cease should human remains be discovered. r V J ry V FINDINGS AND ALTERNATIVES: Findings necessary to approve the project are included in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration for Environmental Assessment 2006-579; Adopt a Resolution of the City Council approving Specific Plan 2006-081, subject to the Conditions of Approval; Adopt a Resolution of the City Council approving Tentative Tract Map 35060, subject to the Conditions of Approval; and Adopt a Resolution of the City Council approving Site Development Permit 2006-873, subject to the Conditions of Approval; or 2. Do not certify the Environmental Assessment thus denying the Specific Plan, Tentative Tract Map, and Site Development Permit; or 3. Provide staff with alternative direction. RespectSam-6) ully submitted, ' Douglas R. ans Community Development Director Approved for submission by: M. Katherine Jenson, City Attorney Attachments: 1. Vicinity Map 2. Specific Plan 3. Architectural Plans 4. Tentative Tract Map 5. Letters from Laguna de la Paz Legal Council and HOA 6. Letter from Applicant 7. Revised Tentative Tract Map 8. Letter from Fish and Wildlife RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR SPECIFIC PLAN 2006-081, TENTATIVE TRACT MAP 35060 AND SITE DEVELOPMENT PERMIT 2006-873 ENVIRONMENTAL ASSESSMENT 2006-579 LAING LUXURY HOMES WHEREAS, the City Council of the City of La Quinta, California, did, on the 6th day of February, 2007 and continued to the 20" day of February, 2007, hold a duly noticed Public Hearing to consider Environmental Assessment 2006-579 for Laing Luxury Homes, prepared for Specific Plan 2006-081, Tentative Tract Map 35060 And Site Development Permit 2006-873, located at northwest corner of Washington Street and Avenue 48 (extended) more particularly described as: APN 760-240-014 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of January, 2007 hold a duly noticed Public Hearing and recommended certification of a Mitigated Negative Declaration for Environmental Assessment 2006-579 for Laing Luxury Homes, prepared for Specific Plan 2006-081, Tentative Tract Map 35060 And Site Development Permit 2006-873, located at northwest corner of Washington Street and Avenue 48 (extended); and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certifying said Environmental Assessment: 1. The proposed applications will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2006-579. 2. The proposed 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. Potential impacts associated with biological and cultural resources can be mitigated to a less than significant level. The site does not contain significant paleontological resources. A 1"I City Council Resolution No. 2007- Environmental Assessment 2006-579 Laing Luxury Homes Adopted: February 20, 2007 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. Mitigation measures are included to assure no impacts to Peninsular Bighorn Sheep. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as the proposed project supports the long term goals of the General Plan by providing a variety of housing opportunities for City residents. No significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed 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 proposed project. The construction of 74 residential units will not have considerable cumulative impacts. The project is consistent with the General Plan, and the potential impacts associated with General Plan build out. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly. The proposed project has the potential to adversely affect human beings, due to noise impacts. Noise impacts have been addressed through construction of perimeter walls, which will lower the potential for significant impacts to less than significant levels. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The City Council has considered Environmental Assessment 2006-579 and said Environmental Assessment reflects the independent judgment of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.51d1. 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. NOW .THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: _ 4 P:\Reports - CC\2007\2-20-07\Laing Cont\EA06-579 Reso.doc City Council Resolution No. 2007- Environmental Assessment 2006-579 Laing Luxury Homes Adopted: February 20, 2007 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 Environmental Assessment 2006-579 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigation Monitoring Program, attached and on file in the Community Development Department. 3. That Environmental Assessment 2006-579 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20" day of February, 2007, by the following vote, to wit: 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 4 3 P:\Reports - CC\2007\2-20-07\Laing Cont\EA06-579 Reso.doc Environmental Checklist Form Project title: Specific Plan 2006-081, Tentative Tract Map 35060, Site Development Permit 2006-873 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Les Johnson 760-777-7125 4. Project location: Northwest comer of Washington Street and Avenue 48 (extended) APN: 760-240-014 S. Project sponsor's name and address: Laing Luxury Homes 895 Dove Street, Suite 200 Newport Beach, CA 92660 6. General plan designation: Low Density 7. Zoning: Low Density Residential Residential 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.) Specific Plan to establish the design standards and guidelines for the development of 74 attached and detached single family homes on 28.33 acres. The Specific Plan also proposes that each lot be permitted one primary residence and 3 guest suites. The total potential units allowable in the Specific Plan is 288. The Specific Plan includes architectural and landscaping design guidelines, as well as infrastructure plans. Two types of housing are proposed: `Haciendas' will include 25 homes on a minimum of 10,320 square foot lots, and 49 `Bungalows' will have minimum 6,290 square foot lots. The Haciendas are proposed to be one-story homes along the southern and western property boundaries, and the Bungalows are proposed to be two stories in the center of the site. The Tentative Tract Map will allow the subdivision of 28.33 acres into 74 residential lots, as well as lots for private streets, retention basins, and open space or recreation lots. The Site Development Permit will allow the construction of the residential units on the subdivided lots. The project will be accessed by a central drive which will be gated. A second access point to Washington Street is being provided at the northeast corner of the site that will be shared with St. Francis of Assisi Church. CEQA analysis was previously conducted for this site under EA-2004-522. The acreage considered under that environmental assessment is consistent with that currently under review. The layout and product type, as well as design standards, have changed from the _l- 44 previous review. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Vacant desert lands, parking lot and St. Francis of Assisi Church (Low Density Residential, ) South: Existing single family residential in Laguna de la Paz (Low Density Residential) West: Vacant desert lands, hillside (Open Space) East: Washington Street, Vacant partially improved lands (Community Commercial) 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District -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 Air Quality Cultural Resources Geology/Soils Hydrology / Water Land Use / Planning Quality Noise Population / Housing Recreation Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the x 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, andave been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DE ARATION, including revisions or mitigation measures that are imposed upon t proposed project, nothing further is required. 1 17,o Date -3- ;� r v+ EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. 'Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more 'Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact' to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead 547 -4- agencies should normally address the questions from this checklist that are relevant to a projecVs 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 -5- Potentially Less Than Less Than No Sign cant Significantw/ 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 X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-d) Washington Street is designated a Primary Image Corridor in the General Plan. As such, special landscaping and setback requirements will be applied to the project site. The proposed project includes retention areas immediately west of the Washington Street right of way. These retention areas are proposed to be approximately 150 feet in width, and will provide an open space area along Washington Street. The proposed project will include two story homes through the core of the site, with 25 single story lots along the south and west boundaries of the site. The site is immediately east of the foothills of the Santa Rosa mountains, which occur to the west. The two story units will therefore reduce views of the lower foothills for pedestrians and travelers along Washington Street. Due to the height of the Santa Rosas, however, the mid -range and peaks of the mountains will still be visible. Impacts to scenic vistas are therefore expected to be less than significant. The site is currently partially developed, with the remains of the Arts Foundation project. The developed area consists of terraces for exhibits, parking lots and un-maintained landscaping. A stabilized sand dune is located on the northwest corner of the site. The proposed project will re -grade the site to eliminate the below -grade parking lot, and will remove the sand dune. The site, when developed, will be at elevations 4 to 12 feet higher than the Laguna de la Paz project immediately south. Since the site rises in elevation from east to west, the greater grade differential will occur in the southwestern portion of the site. Within Laguna de la Paz at this location, is open space and perimeter roadway. The closest residential structure is over 100 feet southeasterly. The distance will allow residents within Laguna de la Paz views of the mid -range of the mountains, and the mountain tops, but views of the toe of slope will be blocked. However, the residences in In this area of Laguna de Is Paz have front yards and garages facing west and north, while the back yards face east and south. Therefore, these residences' primary views will not be impacted by the proposed project. Overall impacts will be less than significant. The primary source of light and glare upon build out of the site will be from automobile headlights and landscaping lighting. The City regulates lighting levels and does not allow lighting to spill over onto adjacent property. Lighting of the hillsides will be prohibited by mitigation measures associated with biological resources, below. Impacts will be less than significant. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact H. 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) H. a)-c) The project site is located in an urbanized section of the City, and is not located near agricultural land uses. The closest agricultural lands are several miles to the south and east of the site. There are no Williamson Act contracts on the site, and the zoning of the property is Low Density Residential. There will be no impacts to agricultural resources associated with the proposed project. 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 PM10 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) III. a), b) & c) An air quality analysis was completed for the proposed project'. The analysis was based on the assumption that as many as 128 residential units (74 main residences and 74 guest units) would be constructed on the site. The Specific Plan, as currently proposed, allows for three guest houses in addition to the primary residence on each lot. Therefore, it can be estimated that the air quality impacts associated with operation of the proposed project after build out of the project could be twice that described in the air quality analysis. To that end, the operational impacts are characterized on that basis below. Construction hnnacts The analysis found that during grading of the proposed project, equipment emissions would not exceed SCAQMD thresholds of significance, but without mitigation, fugitive dust emissions would be exceeded. The City requires the preparation of PM10 management plans for all construction projects. These plans implement the 2002 PM10 Plan by requiring the use of best available management measures in the grading of project sites. The plan to be prepared for the proposed project will be required to demonstrate I "Air Quality Analysis Canyon Ridge Residential Development," prepared by LSA Associates, December 2006. -9- 552 that impacts associated with PM10 during grading are reduced to less than significant levels. This City requirement will assure that impacts associated with fugitive dust are reduced to less than significant levels. The analysis further found that construction emissions, including VOC emissions resulting from architectural coatings and asphalt paving, would be below thresholds of significance. Long Term Impacts As previously stated, the analysis conducted for the project assumed that up to 148 units would be constructed on the project site, while the Specific Plan allows up to 296 units. However, even if doubling the resulting emissions during operational activities of the project, impacts will be below thresholds of significance as established by SCAQMD, as demonstrated in the Table reproduced below from the air quality impact analysis. Table 1 Project Build Out Dail Emissions 148 units Ibs/da Source Dail Emission Rates CO ROC NOX SOX PM10 Stationary Sources: Summer 5.94 10.46 1.88 0.05 0.02 Vehicular Traffic: Summer 171.29 13.41 23.8 0.10 18.39 Subtotal Summer 177.23 23.88 25.68 0.16 18.41 Stationary Sources: Winter 1.05 9.76 2.47 0.00 0.05 Vehicular Traffic: Winter 203.96 16.63 28.48 0.11 18.39 Subtotal Winter 205.01 26.39 30.94 0.11 18.44 SCA MD Threshold of Sigpificance 1 550 1 75 100 150 150 As demonstrated in the Table, even if 296 units were built within the project, thresholds of significance would not be exceeded, and impacts would be less than significant. M. d) & e) The project will consist of residential units and will not result in objectionable odors, nor will it expose residents to concentrations of pollutants. to- _ r r- , Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would theproject: a) Have a substantial adverse effect, either X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service (General Plan MEA, p. 78 ff.) b) Have a substantial adverse effect on any X riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? ("Biological Assessment..." James Comett, 2000) 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? (`Biological Assessment..." James Cornett, 2000) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ("Biological Assessment..." James Comett, 2000) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? ("Biological Assessment..." James Comett, 2000) 0 Conflict with the provisions of an adopted Habitat Conservation Plan, x Natural Community Conservation Plan, or other approved local, regional, or state habitat conservationplan? General Plan -11- 554 MEA, p. 78 ff.) IV. a)-f) Biological resource analysis was conducted for the previously approved La Quinta Arts Foundation projece. In addition, a follow up investigation was conducted in February 2005 for the previously approved tract map, which followed the Arts Foundation approva13. These analyses, combined with consultation with the California Department of Fish and Game and the US Fish and Wildlife Service, resulted in a series of mitigation measures in association with the project's adjacency to the Santa Rosa mountains. Since preparation of these mitigation measures, conditions have not changed, portions of the site have been developed for Arts Foundation facilities which have since been abandoned, and the mitigation measures described below still apply. The biological resource analysis, which included on -site surveying of the project site, found that the Palm Springs ground squirrel does occur on site. The Coachella Valley fringe -toed lizard, desert tortoise and the flat -tailed horned lizard were not detected. The proposed project will result in the loss of desert habitat. The project site is, however, isolated and already impacted by urban development, including development to the north, south and east, and illegal dumping activities which have occurred on -site. There are no wetlands or riparian areas on the project site. The proposed project occurs within the boundaries of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. As such, the project proponent shall be required to contribute the mitigation fee in place at the time that building permits are issued. The western edge of the property occurs within the boundary of critical habitat for the Peninsular Bighorn Sheep. The proposed project does not propose the construction of homes on the hillsides. The construction of facilities for drainage along the western property line will require excavation along the western property line, at the toe of slope, which has a potential to impact bighorn sheep. The proposed grading plan, however, limits activities to only the property itself, not the open space lands located immediately to the west. The project will be conditioned to require the presence of a grading monitor whenever grading operations occur in this area of the project site, in order to assure that the grading activities do not encroach into the open space lands. In order to assure that impacts are reduced to a less than significant level, the following mitigation measures shall be implemented: 1. No blasting, ripping or excavation shall be permitted above the toe of slope, as defined in the La Quinta Municipal Code, between January 1 and June 15 of any year. 2. The Homeowners' Association (HOA) for the proposed project shall monitor the project site any signs that bighorn sheep are entering the site. The HOA shall request a list of indicators used to identify sheep presence from DFG prior to grading of the site. The HOA shall take steps to ensure that any observations of bighorn sheep on or near the project site are reported to DFG and the City immediately. If information suggests that bighorn sheep are entering the project "Biological assessment and Impact analysis of the proposed La Quinta arts Foundation Center," prepared by James W. Cornett, April 1999 and 2000. "Canyon Ridge Biological Survey," prepared by AMEC Earth and Environmental, February 2005. -12- o�5 site, the HOA shall construct, at its expense, an 8-foot fence between the development and the hillside. The fence shall not contain gaps of greater than 11 centimeters (4.3 inches). The Foundation shall notify DFG immediately upon receipt of the information suggesting that bighorn sheep are entering onto the project site, and seek any further guidance DFG has to offer regarding the construction of the fence. The fence shall be constructed within three months of the receipt of information suggesting that bighorn sheep are entering onto the project site. If requested to do so by DFG, the HOA shall, at its expense, construct temporary fencing to the specifications of DFG to prevent bighorn sheep from entering the project site pending construction of the fence. Any and all fencing constructed will be subject to the City's Hillside Conservation Overlay District. 3. The project developer shall submit a plan, approved by a biologist, which demonstrates that all pesticides, fungicides, herbicides, and fertilizers used on the site will not be harmful wildlife. 4. All exterior lighting shall be aimed away from the hillside. 5. The project landscaping plan will not expose wildlife to toxic materials. All exotic or toxic plans, such as Oleander and Prunis, and plants which are known to invade or degrade bighorn sheep habitat, such as tamarisk, fountain grass, shall be strictly prohibited. The landscape plan shall be approved by a certified biologist, which approval shall state that the proposed landscape materials are not known to be harmful to wildlife. Prohibited plant materials shall be included in the CC&Rs and provided to each homeowner adjacent to the hillside. 6. The project proponent and HOA shall design its project so as not to facilitate persons to enter onto the hillsides from the project site. To the extent that any portion of the project site begins to be used by persons to enter into the hillsides, the HOA shall post notices discouraging such use. With implementation of these mitigation measures, the impacts to biological resources will be reduced to less than significant levels. -13- .- .1 J U 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'l5064.5? ("Archaeological Investigations..." ASM Affiliates, 2000) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to '15064.5? ("Archaeological Investigations..." ASM Affiliates, 2000) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (General Plan MEA, Exhibit 5.9) d) Disturb any human remains, including X those interred outside of formal cemeteries? (General Plan MEA p. 123 ff.) V. a)-b) & d) Three cultural resource investigations have been conducted for the project site4. The first consisted of a site investigation and report, which recorded a potentially significant site, and recommended further analysis. The second consisted of an on -site excavation of the recorded site. A follow-up investigation was conducted in 2005. The project site includes three previously recorded sites, and one site recorded during the first site survey in 1998. Testing and data recovery had previously been completed on the three recorded sites in 1991. Careful grading and on -site monitoring were recommended in the fast study. The second study, completed to report on the testing and data recovery at CA- RIV-6214. This process concluded that the site is not significant beyond the recovery performed for the study. Because there have been previously deeply buried sites found in this area under sand dunes, the following mitigation measure shall be implemented: An archaeological monitor shall be on site during any grubbing, earth moving or excavating activity on the undeveloped portions of the site, especially the dune in the northwest comer. Should a resource be identified by the monitor, he or she shall be empowered to halt or redirect grading activities while the resource is properly identified and studied. The monitor shall file a report with the City of his or her findings, including disposition of any resource identified. The project site is not known to have been used as a cemetery or burial ground. California law requires that any remains uncovered by grading activity be immediately "A Cultural Resources Inventory and Evaluation of the La Quints Arts Center Project,"; and "Archaeological Investigations of CA-RIV-6214...... prepared by ASM Affiliates, December 1998 and April 2000, respectively; "Historical/Archaeological Resources Survey Report Canyon Ridge Project," prepared by CRM Tech, February 2005. -14- 5J"I reported to law enforcement authorities, which take the responsibility of notifying Native American tribes if the remains are found to be historic. This requirement will assure that there will be no impact to human remains as a result of the proposed project. V. c) The project site is outside the traditional lakebed of ancient Lake Cahuilla. No paleontologic resources are expected on the site. 15- 15 5 8 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? (MEA X Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (MEA Exhibit 6.3) iv) Landslides? (MEA Exhibit 6.4) X b) Result in substantial soil erosion or X the loss of topsoil? (MEA Exhibit 6.5) d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property (MEA Exhibit 6.1) 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 Exhibit 8.1) VI. a)-e) The project site lies in a Zone III groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. The homes to be built on the site will be required to meet the City's and the State's standards for construction, which include Uniform Building Code requirements for seismic zones. The site has been previously developed in its eastern portion, and will require filling. The City Engineer will require the preparation of site -specific geotechnical analysis in conjunction with the submittal of grading plans. This requirement will ensure that the filling of the site will be completed in a manner which results in proper compaction of the site. The proposed project is located adjacent to an area subject to landslides and rockfall. No development is planned, however, on the slopes of the hillsides. The project proponent has included a rockfall barrier along the western property line. Impacts from these hazards are expected to be insignificant. The site does not have expansive soils. The proposed project will be required to connect to the CVWD sanitary sewer system, and septic tanks will not be installed. The site is located in an area of severe blow sand potential. The PM10 Management Plan required by the City to control fugitive dust is designed to mitigate the potential impacts associated with blow sand at the project site to a less than significant level. 17 560 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 X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (General Plan MEA, p. 95 ff.) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (`Phase I Environmental Site Assessment," Anacapa Geoservices, 2006) 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? "Phase I Environmental Site Assessment," Anacapa Geoservices, 2006) e) For a•project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) 0 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 X physically interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) -18- 5G h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The construction of the proposed homes will not have an impact on hazards and hazardous materials. The City implements Household Hazardous Waste programs through its trash hauler, which are designed to provide for safe disposal of hazardous substances generated in the home. The site is not listed in state and federal databases for contaminated sites. The site is not located in an area which is subject to wildland fires. Impacts are expected to be negligible. -19- r- G o ' ._ J G. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY --Would the linject: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. 1I1-187 ff. c) Substantially alter the existing X drainage 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 oft -site? (General Plan EIR p. III-187 ff.) d) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (General Plan EIR p. 1II-187 ff.) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (General Plan EIR p. III-187 ff.) f) Place housing within a 100-year flood X hazard area as snapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (General Plan EIR p. III. 187 ff.) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIE. a) & b) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The development of the site will result in the need for domestic water for residential use and for landscaping irrigation. The CVWD has prepared a Water Management Plan which indicates that it has sufficient water sources to accommodate growth in its service area. The proposed project was considered in this analysis, insofar as it is consistent with the General Plan designation for the property, and General Plan land use designations were used by CVWD in determining potential demand for domestic water. The 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 project proponent will be required to implement the City's water efficient landscaping and construction provisions, including requirements for water efficient fixtures and appliances, which will ensure that the least amount of water is utilized within the homes. The applicant will also be required to comply with the City's NPDES standards, requiring that potential pollutants not be allowed to enter surface waters. These City standards will assure that impacts to water quality and quantity will be less than significant. VIII. c) & d) The proposed project is required to retain the 100 year, 24 hour storm on -site, per City standards. The project site is located immediately east of the slopes of the Santa Rosa Mountains. As a result, the project site currently accepts considerable up -slope flows during a storm event, in addition to the storm flows generated on the site itself. When the proposed project is constructed, areas which are currently in natural desert or permeable cover will be covered by impermeable surfaces. This will result in increased storm flows, and increased velocities of such storm flows. In order to assure that the proposed project retains these storm flows, and does not impact down -stream properties, the City Engineer has required the preparation of a hydrology analysis which describes the improvements required to assure the retention of the 100 year storm on site. The hydrology analysis has in turn led to the design of an on -site drainage system which consists of a series of surface drainage ditches along the western property boundary, which convey off -site flows to drainage structures within the proposed project. These drainage structures will convey water through the site through an underground system, which will also include catch basins throughout the site to collect on -site flows. The drainage system will ultimately discharge into the retention basins at several locations. The retention basins have a capacity of 9.01 acre feet, which will contain the 100 year storm, with a freeboard area at the top. The hydrology study demonstrates that the retention basins are adequately sized to retain the 100 year 24 hour storm on site. The City Engineer will continue to review the analysis as final plans are prepared, and must approve the final hydrology study prior to the issuance of permits for development of the -21- 5G4 site. This requirement will assure that impacts associated with storm flows will be reduced to less than significant levels. VHL e)-g) The site is not located in a flood zone as designated by FEMA. -22- 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 project site is designated Low Density Residential in the General Plan. The proposed project is consistent with this designation, and proposes the construction of 74 single family homes, when up to 113 could be allowed. The Zoning Ordinance allows the construction of a guest house on a single family lot. The proposed Specific Plan includes provisions for the construction of up to three guest houses on each lot. The purpose of the Specific Plan is to allow variations in City standards, and creative development. The addition of the guest houses within the project boundary is not expected to significantly alter the character of the single family residential neighborhood created by the proposed project. Impacts are expected to be less than significant. The project site is within the boundary of the mitigation fee for the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. The project proponent will be required to contribute fees in effect at the time of issuance of permits in compliance with that Plan. -23- ..) C Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The proposed project site is within the MRZ-1 Zone, and consists primarily of coarse sands. The site is located in a fully urbanized area of the City, on a major roadway, and is not considered suitable for mineral resources. 24 1JI Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ("Noise Impact Analysis," LSA 2006) b) Exposure of persons to or generation X of excessive groundbome vibration or groundborne noise levels? "Noise Impact Analysis," LSA 2006) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? ("Noise Impact Analysis," LSA 2006) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? ("Noise Impact Analysis," LSA 2006) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) A noise impact study was completed for the proposed projects. The study found that the noise levels currently on Washington Street exceed the City's standards for sensitive receptors, and are 71.0 dBA CNEL at 50 feet from the centerline. The study further found that the noise level at this location at General Plan build out will be 73.6 dBA CNEL. Since the project is proposing residential structures, the noise levels must be mitigated to "Noise Impact Analysis Canyon Ridge," prepared by LSA, December 2006. 25 .J J O an exterior level of 65 dBA CNEL, and the interior noise levels must not exceed 45 dBA CNEL. As currently planned, units closest to Washington Street will be approximately 190 feet from the center line of Washington, and will experience noise levels of 69 dBA CNEL without mitigation. This noise level exceeds the City's standard, and represents a potentially significant impact which requires mitigation, as described below. The study further found that if second floor balconies are proposed on the units closest to Washington Street, they will also experience noise levels in excess of the City's standard, and will also require mitigation to reduce the noise impact to a less than significant level. Finally, the study found that the interior of residences within 1,076 feet of the center line of Washington will experience noise levels in excess of 57 dBA CNEL with windows open. This is also a potentially significant impact which requires mitigation. Noise will be generated during project construction. Construction equipment, particularly that used during the grading process, can generate noise levels over 85 dBA for short periods. The proposed project is located immediately north of the existing Laguna de la Paz residential development. It is likely that the grading of the site will result in noise levels which exceed the City's standards. Although construction noise is temporary, periodic and short-term, it is a potentially significant impact to the adjacent residents, which requires mitigation. 1. Construction activities shall be limited to those hours prescribed in the Municipal Code. 2. All construction equipment, fixed or mobile, shall be equipped with properly functioning and maintained mufflers. 3. All storage and staging areas, as well as equipment servicing areas, shall be located along the northern property line of the proposed project. No storage or staging shall be permitted adjacent to Laguna de la Paz. 4. A six foot wall shall be constructed along the perimeter of the site on Washington Street. 5. Second floor balconies facing Washington Street shall require a 6 foot high perimeter barrier. This barrier can consist of CMU, Plexiglas, or a combination of both. 6. Air conditioning and ventilation systems shall be required for all units located within 1,076 feet of the Washington Street center line. With implementation of thesemitigation measures, impacts associated with noise at the site are expected to be less than significant. -26- J r h Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The construction of 74 single family homes will not induce substantial population growth, but will instead accommodate normally occurring growth patterns in the area. The site is currently partially developed but vacant, and no one will be displaced. hnpacts associated with population and housing are expected to be non-existent. -27- 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: File protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XHL a) Build out of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Build out of the proposed project will generate sales and property tax which will offset the costs of added police and fire services, as well as the costs of general government. The project will be required to pay the mandated school fees and park in lieu fees in place at the time of issuance of building permits to reduce the impacts to those services. The proposed project will be required to provide for parks through adherence to the City's Quimby Ordinance, which requires the payment of in lieu fees for future parks acquisitions. -28- 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 constriction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The project proponent will be subject to park in lieu fees for the provision of recreation facilities throughout the City. The addition of 150 people to the community will not significantly impact existing recreational facilities. In addition, the proposed project includes a 0.47 acre "recreation lot" which is proposed to be an open green without specific facilities. -29- - 0 1 in.. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATIONlTRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. 11I-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (TTM 5060) e) Result in inadequate emergency X access? (TTM 35060) f) Result in inadequate parking capacity? X (TTM 35060) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) The proposed project is designated Low Density Residential in the General Plan. Under this designation, a total of 113 housing units could be allowed on the site. The Specific Plan proposes the development of 74 single family homes. The site will generate approximately 708 average daily trips, which are well within the trip generation analyzed in the General Plan EIR. That document found that traffic on Washington Street at build out of the General Plan would operate at an acceptable level of service. Since the proposed project will generate fewer units than originally envisioned, the impacts -30- associated with the proposed project are expected to be slightly lower than previously analyzed, and will be less than significant. The proposed project includes a secondary access point at its northeastern comer, which will provide adequate emergency access to the site. The Specific Plan includes a provision for tandem parking within garages for the proposed project, which is a variation from the City's zoning standards. However, the Specific Plan does not propose a reduction in the parking standards overall, so parking will be consistent with the requirements of the zoning ordinance. The project is not located in proximity to an airport or airstrip. The proposed project occurs on Washington Street, which is currently served by SunLine Transit. Residents and their guests will therefore have direct access to public transportation. Overall impacts to traffic are expected to be less than significant. 5,144 -31- Potentially . Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider 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? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project=s solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) -32- XVI. a)-g) Utilities are available at the project site. The service providers for water, sewer, electricity and other utilities have facilities in the immediate vicinity of the site, and will collect connection and usage fees to offset for the cost of providing services. The City's solid waste franchisee will transport waste generated by the project to thhe Edom Hill transfer station, where it will be consolidated and transported to one of several landfills in the region. All these landfills have sufficient capacity to accommodate the proposed project. The construction of the proposed project is expected to have less than significant impacts on utility providers. -33- +y Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to x achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The site has the potential to impact biological resources. These impacts have been mitigated above to a less than significant level through the mitigation measures included in this document. Similarly, impacts associated with cultural resources can be mitigated to less than significant levels, as enumerated above. XVII. b) The proposed project is consistent with the General Plan land use designation, and is therefore consistent with the goals of the General Plan for the property. The proposed project will add to the housing types offered to the City's residents, also a goal of the General Plan. XVII. c) The proposed project is consistent with the General Plan vision for this area. As previously stated, the traffic generated by the proposed project will be less than that -34- anticipated in the General Plan EIR. Similarly, the reduction in potential units on the site will reduce impacts associated with air quality, noise, and other environmental issues impacting the community. Construction of the project will have no significant cumulative impacts. XVII. d) The proposed project has the potential to adversely affect human beings, due to noise impacts. These impacts have been mitigated in this document to less than significant levels. -35- J f 61 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. Environmental Assessment 2004-522 was used in the preparation of this report. 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 -36- 00 v O ti 3 a a y 3 v F y 0 o 0 z v o N z a o � o a •: �za a F � via a haw d °o F N 0 o 0 O (L) 0 1 � Q H y o, ou � oz o zd z x� H d A d W� wx U UU W O C U O N U ccl O F .o�^ `�° o❑ m b to to o�bo a C o w°� w 0 F QO t 3to a�i :o d 0.oi x UAL Uf�x C c3� U N W CA ^WJ M 0 w I.F.I O Ocn O a� �e ° IdI rVhh U to� � b to cn a a a H d A zW d� a U UU a �1 U U a ar F � A a Wz O C b FQ b O p W F P4 r�W� iy x V Ld � \� § \\ § - § _ § _ § _ §\\ - km {7 S k t ( ) 44 & a a / \z j } \ \ \ \ \ ` ) q j j / / t ƒ (o ) § ) ) { ) / ) in. / \ k / \ ƒ / e � § k \ (z rm to5 } \ \% k to \ \ �\ �\ �\ to\ 9\ Qo , �} . / )( / } / CX \\ /] k: SS1 RESOLUTION NO. 2007- A RESOLUTION OF THE OF THE CITY COUNCIL OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT STANDARDS, PRINCIPLES, GUIDELINES AND PROGRAMS FOR THE DEVELOPMENT OF 74 HOMES LOCATED AT THE NORTHWEST CORNER OF WASHINGTON STREET AND AVENUE 48 (EXTENDED) CASE: SPECIFIC PLAN 2006-081 APPLICANT: LAING LUXURY HOMES WHEREAS, the City Council of the City of La Quinta, California did, on the 6th day of February, 2007 and continued to the 20`h day of February, 2007, hold a duly noticed Public Hearing to consider a request by Laing Luxury Homes, for approval of a Specific Plan to establish development standards, principles, guidelines and programs for the development of 74 homes on lands totaling 28.33 acres, located at the northwest corner of Washington Street and Avenue 48 (extended), more particularly described as: ASSESSOR'S PARCEL NUMBER 760-240-014 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 23rd day of January, 2007 hold a duly noticed Public Hearing and recommended approval of a Specific Plan to establish development standards, principles, guidelines and programs for the development of 74 homes on lands totaling 28.33 acres and located at the northwest corner of Washington Street and Avenue 48 (extended); and WHEREAS, the Community Development Department mailed case file materials to all affected agencies for their review and comment on the proposed project. All written comments are on file with the Community Development Department; and WHEREAS, the Community Development Department published a public hearing notice in the Desert Sun newspaper on January 26, 2007, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, said Specific Plan 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 prepared Environmental Assessment 2006-579 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community rS2 City Council Resolution No. 2007- Specific Plan 2006-081 Laing Luxury Homes Adopted: February 20, 2007 Development Director has determined that, as conditioned, the project will not have a significant adverse impact on the environment and therefore, is recommending that a Mitigated Negative Declaration of environmental impact be certified. A Notice of Intent to Adopt a Mitigated Negative Declaration was posted with the Riverside County Recorder's office as required by Section 15072 of the California Environmental Quality Act (CEQA) statutes; and WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the following Mandatory Findings to justify approving said Specific Plan: Finding A - Consistency with General Plan The property is designated Low Density Residential. The proposed project will be developed with residential uses, which are consistent with the land uses envisioned in the General Plan. Finding B — Public Welfare Enhancement The project will not be detrimental to the public health, safety and welfare in that the project is designed in compliance with the City's General Plan and Zoning Ordinance, as well as other County and State standards, such as CEQA. Findings C and D — Land Use Compatibility and Property Suitability The residential project is within a residentially designated and zoned area. The project provides adequate buffering through landscaping and walls to ensure compatibility with surrounding land uses. Additionally, the project will provide adequate perimeter landscaping and acceptable architectural design guidelines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said City Council in this case; and 2. That it does hereby acknowledge that Environmental Assessment 2006-579 has determined that no significant effects on the environment have been identified and mitigation measures are being imposed if needed; and P:\Reports - CC\2007\2-20-07\Laing Cont\SPO6-081 CC RESO.doc v J City Council Resolution No. 2007- Specific Plan 2006-081 Laing Luxury Homes Adopted: February 20, 2007 3. That it does hereby approve Specific Plan 2006-081, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 20th day of February, 2007, by the following vote, to wit: 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 53 P:\Reports - CC\2007\2-20-07\Laing Cont\SP06-081 CC RESO.doc CITY COUNCIL RESOLUTION NO. 2007 CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2006-081 LAING LUXURY HOMES FEBRUARY 20, 2007 GFNFRAI 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. All mitigation measures contained in Environmental Assessment 2006-579 shall be met. 3. Within 30 days of City Council approval, applicant shall provide five copies of the Final Specific Plan document to the Community Development Department, The Final Specific Plan shall include all project related final Conditions of Approval and correct any typographical errors, internal document inconsistencies, and/or minor amendments deemed necessary by City staff. In addition the following amendments shall be made: a. The Specific Plan shall be amended to correct references to "open space lots K & L," and any other discrepancies in lot numbers, consistent with the labeling shown on the approved Tentative Tract Map. b. The Specific Plan shall be amended to change the definition of the "Guest Suites" as provided in Exhibit A. In addition, the Specific Plan shall be amended to allow up to a maximum of one guest suite with kitchenette per lot. c. The Specific Plan shall be amended to require the location of a recreational amenity in the central park site. The recreational amenity could include, but is not limited to, a pool or spa, tot lot, bocci ball court, putting greens, picnic area, and/or community garden. The recreational amenity shall be maintained by the homeowner's association. In addition, seating shall be established along all trails at intervals not greater than 200 feet. Recreational amenities shall be maintained by the homeowner's association. d. The "Wall Concepts" Exhibit shall be amended to eliminate the graphic representing a 6'9" wall, and replace it with a 6'0" wall. J.7 PAReports - CC\2007\2-20-07\Laing Cont= COA SP 2006-081.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2006-081 LAING LUXURY HOMES FEBRUARY 20, 2007 e. The Specific Plan shall be amended to allow for the Hacienda units to have a minimum front yard building setback of 15 feet except for garages, which shall have a minimum front yard setback of 20 feet. Garages oriented parallel to the fronting street shall have a minimum front yard setback of 15 feet. f. All reference made to the entry tower height exceeding 22 feet shall be removed limiting the building height to a maximum of 22 feet. 4. The use of the subject property for single family residential uses shall be in conformance with the approved exhibits and conditions of approval contained in Tentative Tract Map 35060, Specific Plan 2006-081, Site Development Permit 2006-873 and Environmental Assessment 2006-579, unless otherwise amended by the Conditions of Approval. 5. No signage is permitted with this approval. Signage shall be reviewed under separate permit. RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF APPROXIMATELY 28.33 ACRES INTO 74 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT 35060 LAING LUXURY HOMES WHEREAS, the City Council of the City of La Quinta, California, did on the 6th day of February, 2007 and continued to the 20`h day of February, 2007, hold a duly noticed Public Hearing to consider the request of Laing Luxury Homes for the subdivision of 28.33 acres site into 74 single-family lots and other miscellaneous lots, located at the northwest corner of Washington Street and Avenue 48 (extended), more particularly described as: ASSESSOR'S PARCEL NUMBER 760-240-014 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rtl day of January, 2007, hold a duly noticed Public Hearing and recommended approval of the subdivision of 28.33 acres site into 74 single-family lots and other miscellaneous lots, located at the northwest corner of Washington Street and Avenue 48 (extended); and WHEREAS, The La Quinta Community Development Department has completed Environmental Assessment 2006-579 in accordance 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 prepared Environmental Assessment 2006-579 for this Tentative Tract Map in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Director has determined that, as conditioned, the project will not have a significant adverse impact on the environment and therefore, is recommending that a Mitigated Negative Declaration of environmental impact be certified. A Notice of Intent to Adopt a Mitigated Negative Declaration was posted with the Riverside County Recorder's office as required by Section 15072 of the California Environmental Quality Act (CEQA) statutes.; and WHEREAS, the Community Development Department published a public hearing notice in the Desert Sun newspaper on January 26, 2007, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and City Council Resolution No. 2007- Tentative Tract Map 35060 Laing Luxury Homes Adopted: February 20, 2007 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 to justify approving said Tentative Tract Map 35060: A. The Tentative Tract Map and its improvement and design, are consistent with the General Plan and Specific Plan 2006-081, as amended, in that its street design and lots are in conformance with applicable goals, policies, and will provide adequate infrastructure and public utilities. B. The design of the subdivision and its proposed improvements are not likely to create environmental damage or substantially and avoidably injure wildlife or their habitat because the site does not contain significant biological resources. C. The design of the subdivision and subsequent improvements are not likely to cause serious public health problems because the construction of 74 residential units will not have considerable cumulative impacts. The project is consistent with the General Plan, and the potential impacts associated with General Plan buildout. D. The design of the subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to adjacent public streets. 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 Council in this case. 2. That it does hereby approve Tentative Tract Map 35060 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 20th day of February, 2007 by the following vote, to wit: AYES: NOES: P:\Reports - CC\2007\2-20-07\Laing Cont\TT35060 RESO.doc City Council Resolution No. 2007- Tentative Tract Map 35060 Laing Luxury Homes Adopted: February 20, 2007 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 r t� P:\Reports- CC\2007\2-20-07\Laing Cont\TT35060 RESO.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 35060 — LAING LUXURY HOMES FEBRUARY 20, 2007 GENERAL The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. This tentative tract map shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) California Water Quality Control Board (CWQCB) • SunLine Transit Agency SCAQMD Coachella Valley ryryi� City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NO1"), prior to the issuance of a grading or site construction permit by the City. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08- DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permittee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. _ 5) Non -Storm Water Management. Page 2 of 26 P:\Reports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doe City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 6. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 7. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. 9. The applicant shall offer for dedication on the Final Map all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Washington Street (Augmented Major Arterial, 132' ROW) - The standard 66 feet from the centerline of Washington Street for a total 132-foot ultimate developed right of way except an additional variable - , ? v Page 3 of 26 P:\Reports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doc City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 right of way dedication for a deceleration/right turn only lane at the proposed Primary Entry intersection measured 74 feet west of the centerline of Washington Street and length per Engineering Bulletin # 06-13. The required right of way shall be for a length of 248 feet plus a storage length and a transition taper dedication of an additional 150 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 11. The applicant shall retain for private use on the Final Map all private street rights -of - way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 12. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS 1) In accordance with the City of La Quinta Municipal Code, except at the primary and secondary entry, residential streets shall have 36-foot travel width measured at gutter flow line to gutter flow line. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. 2) The reduced street widths proposed at the pedestrian paseos along the north -south streets and at intersections shall be approved by the City Engineer. The applicant is required to demonstrate that the proposed street width reductions with proposed parking provides for safe passage of vehicles particularly at T-intersections and as approved by the City Engineer. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. C. KNUCKLE 1) The knuckle shall conform to the shape shown on the tentative tract map except for minor revision as may be required by the City Engineer. Page 4 of 26 533 P:\Reports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doc City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 Curve radii for curbs at all street intersections shall not be less than 25 feet and similar to the lay out shown on the rough grading plan. 13. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 14. When the City Engineer determines that access rights to the proposed street rights - of -way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 15. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 16. The applicant shall create, at a minimum, perimeter landscaping setbacks along all public rights -of -way as follows: A. Washington Street (Augmented Major Arterial) - 20-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. Page 5 of 26 P:\Reports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doc City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 17. At locations where the onsite finished grade adjacent to the landscaped setback lot has an elevation differential with respect to the arterial street top of curb exceeding 11 feet, the applicant shall comply with, and accommodate, the maximum slope gradients in the parkway/setback area and meandering sidewalk requirements by either: 1) increasing the landscape setback size as needed, or 2) installing retaining walls between the sidewalk and the back of the landscaped area as needed. 18. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 19. Direct vehicular access to Washington Street from lots with frontage along Washington Street is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 20. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. In particular, the applicant shall obtain any temporary construction easement and permanent access easements for improvements at the proposed access drive on Washington Street across Lake La Quinta Drive and proposed drainage improvements from Saint Francis of Assisi Catholic Church to the north. 21. In the event that the applicant is unable to secure an access easement with Saint Francis of Assisi Church, Tentative Tract Map 35060 shall be redesigned to provide a secondary temporary emergency access and egress as approved by the Riverside County Fire Department to remain in effect until permanent access to the shared access drive at the Washington Street and Lake La Quinta intersection is permitted. The applicant shall design, enter into an agreement with the City of La Quinta and post securities for any improvements required for the permanent access and to restore the temporary emergency access to remain in effect for 5 years after recordation of the final map. Approval of Tentative Tract Map 35060 shall indemnify the City of La Quinta of any responsibility and cost to acquire the permanent access. Additionally, ingress and egress at the Primary Entry shall be provided for a 45-foot minimum design turning radius moving van as approved by the Community Development Department and the Public Works Department. 22. Prior to recording Tract, applicant shall acquire access route across property located within the subject tract. The access route shall conform to the geometric lay -out shown on Tentative Tract Map No. 35060. Page 6 of 26 P:\Reports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doe City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 23. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 24. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 25. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1 /8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 26. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 11 Washington Street (Augmented Major Arterial; 132' R/W): No additional widening is required on the west side of the street along all frontage adjacent to the Tentative Map boundary, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane at Washington Street Primary Entry. The west curb face shall be located fifty six feet (56') west of the centerline and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 06-13. As a minimum, the required deceleration lane shall be for a length of 248 feet plus calculated storage length and a transition taper of an additional 150 feet to accommodate improvements. Other required improvements in the Washington Street right-of-way and/or adjacent landscape setback area include: b) Remove Existing Bus turnout (if required by Sunline Transit and Page 7 of 26 P:\Reports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doc City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 approved by the Community Development and Public Works Department) - The applicant may be required to reconstruct the curb and gutter and remove the bus turnout pavement at the existing bus stop turn out north of Avenue 47 if SunLine Transit determines that the bus stop is not required and the City concurs with that decision. The curb face shall be 48 feet from the center line of Washington Street to match the existing curb face. c) Reconstruct the curb and gutter at the northerly entry after the signal is operational at the proposed shared access drive on Washington Street and Lake La Quinta Drive intersection. Said reconstruction shall include removal of curb, gutter, pavement and all other improvements. d) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. e) 12-foot wide meandering sidewalk/Class I Golf Cart Path. The meandering sidewalk/Class I Golf Cart Path shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk/Class I Golf Cart Path curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. f) Reconstruction of the existing 18 - foot wide raised landscaped median along the entire boundary of the Tentative Tract Map plus variable width as needed to accommodate a left turn deceleration lane for the northbound traffic and ancillary median improvements to provide for full movements concurrent with the proposed signalized intersection at Lake La Quinta Drive and Washington Street. g) Establish a benchmark in the Washington Street right of way and file a record of the benchmark with the County of Riverside. The applicant shall extend improvements beyond the subdivision boundaries to ensure v97 Page 8 of 26 P:\Reports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doc City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 21 The applicant shall install the traffic signal at the proposed shared access drive at the Washington Street/Lake La Quinta Drive intersection. The applicant is subject to a maximum of 75 % reimbursement from available funds in the City's Development Impact Fee Program for the cost -to design and construct the traffic signal. The applicant shall enter into a DIF Reimbursement Agreement with the City of La Quinta concurrent with the Subdivision Improvement Agreement for the Final Map for the amount specified in the DIF Program in effect at the time the traffic signal is accepted by the City Council. Associated with the traffic signal installation, the applicant shall install all necessary traffic signal equipment and appurtenances to interconnect the proposed traffic signal with the existing traffic signals at the Washington Street/Avenue 48 and Washington Street/Avenue 47 intersections. The traffic signal shall be designed for an eight phase operation as split phasing is undesirable. Per condition 21, in the event that the applicant is unable to secure an access easement with Saint Francis of Assisi Church, the applicant shall design and post securities forthe construction of the traffic signal at the proposed shared access drive at the Washington Street/Lake La Quinta Drive intersection as well as the removal/restoration of the emergency ingress/egress access including but not limited to regrading the retention basin, construction of perimeter walls, and restoring curb and gutter on Washington Street. This obligation will remain in effect for 5 years after recordation of the final map unless otherwise approved by the City Engineer. B. PRIVATE STREETS (ON -SITE) 11 Construct 36-foot wide travel width as shown on the tentative map measured from gutter flow line to gutter flow line where the residential streets are single loaded. 2) Construct 32-foot wide travel width as shown on the tentative map measured from gutter flow line to gutter flow line, provided parking is restricted to one side and there is adequate off-street parking for residents and visitors, and the applicant makes provisions for perpetual enforcement of the restrictions. 3) Construct a 28-foot wide travel width as shown on the tentative map measured from gutter flow line to gutter flow line, provided parking is restricted and there is adequate off-street parking for residents and visitors, and the applicant makes provisions for perpetual enforcement of the restrictions. The reduced street widths proposed at the Page 9 of 26 PAReports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doe City Council Resolution No. 2007 Conditions Of Approval — Recommended Tentative Tract 35060 — Laing Luxury Homes February 20, 2007 pedestrian paseos along the north -south streets and at intersections shall be approved by the City Engineer. The applicant is required to demonstrate that the proposed street width reductions with proposed parking provides for safe passage of vehicles particularly at T- intersections and as approved by the City Engineer. 4) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. 5) In the event that the applicant is unable to secure an access easement with Saint Francis of Assisi Church, Tentative Tract Map 35060 shall be redesigned to provide a secondary temporary emergency access and egress as approved by the Riverside County Fire Department to remain in effect until permanent access to the shared access drive at the Washington Street and Lake La Quinta intersection is permitted. C. PRIVATE STREETS (OFF -SITE) 1) Construct the shared access drive at the west leg of the Washington Street and Lake La Quinta Drive intersection to be a 68-foot wide travel width as shown on the rough grading plan and as conditioned herewith. The applicant's design professional shall redesign the proposed street improvements to accommodate dual left turn lanes, one through lane and one right turn lane and to align with the existing configuration of Lake La Quinta Drive on the east side of Washington Street in an effort to provide for an eight phase signalized intersection as approved by the City Engineer. 2) Construct the Secondary Entry connection from the development to the proposed shared access drive mentioned above. The design shall be for ingress and egress for residents and emergency vehicle access as approved by the City Engineer. 3) In the event that the applicant is unable to secure an access easement with Saint Francis of Assisi Church, the applicant shall design and post sufficient securities for Items 1►, 2) above and to remove/restore the emergency ingress/egress access including but not limited to regrading the retention basin, constructing perimeter walls, and restoring curb and gutter on Washington Street. This obligation will remain in effect for 5 years after recordation of the final map unless otherwise approved by the City Engineer. Page 10 of 26 PAReports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doc City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 D. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. E. KNUCKLE 1) Construct the knuckle to conform to the lay -out shown in the tentative tract map, except for minor revisions as may be required by the City Engineer. 27. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from the 24-hour manned guard to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1" = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty feet width provided at the turn -around opening provided. The entry and exit shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. The 24-hour manned Primary Entry Gate design shall be designed for 45-foot truck turning radius and maneuvering to provide access for large moving vans to gain access to the development as rejection of said vehicles may result in trucks backing out of the Primary Entry on to Washington Street as approved by the City Engineer and the Riverside County Fire Department. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 28. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. Shared Access Drive 4.0" a.c /5.0" c.a.b. Page 11 of 26 U V PAReports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doc City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 Major Arterial 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials 29. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 30. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Washington Street): Right turn movements in and out are permitted. Left turn movements in and out are prohibited. B. Secondary Entry (Proposed Shared Access Drive): Ingress and Egress shall be provided for Residents and Emergency Vehicles. C. Proposed Shared Access Drive (Washington Street across Lake La Quinta Drive): Right turn movements in and out are permitted. Left turn movements in and out are prohibited, until signalized. D. In the event that the applicant is unable to secure an access easement with Saint Francis of Assisi Church, the applicant shall construct a temporary secondary emergency ingress and egress as approved by the Riverside County Fire Department. Additionally, Conditions 30 (B) and 30 (C) will sunset 5 years after the recordation of the final map. 31. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 32. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. FINAL MAPS 33. Prior to the City's approval of a Final Map, the applicant shall furnish accurate Page 12 of 26 U L� P:\Reports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doc City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster - image file of such Final Map. The Final Map shall be of a 1 " = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 34. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 35. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal NOTE: A through C to be submitted concurrently. D. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical E. Interim Off -Site Street Improvement Plans 1 " = 40' Horizontal, 1 " = 4' Vertical F. Off -Site Signing & Striping Plan 1 " = 40' Horizontal Page 13 of 26 V� P:\Reports - CC\2007\2-20-07\Laing Cont= COA - TT 35060.doc City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. G. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical H. Traffic Signal Plan 1 " = 20' Horizontal NOTE: D through H to be submitted concurrently. The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and which notes the most current California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety G03 Page 14 of 26 P:\Reports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doc City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. The accessibility requirements pertain to any public accessible facilities to include model homes and recreational amenities provided for the development and not to single family residences excluding model homes. In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building Official and the City Engineer. 36. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 37. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. 38. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 39. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 40. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 41. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed Page 15 of 26 — ko t! PAReports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doc City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on - site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 42. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements including the traffic signal at the Washington Street and Lake La Quinta Drive/proposed shared access drive intersection in the first phase of construction or by the 20% Building Permit (15t" home) unless conditioned otherwise in these Conditions of Approval. u iJ Page 16 of 26 PAReports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doc City Council Resolution No. 2007 Conditions Of Approval — Recommended Tentative Tract 35060 — Laing Luxury Homes February 20, 2007 In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 43. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. rN9901101R 44. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 45. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 46. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and Page 17 of 26 P:\Reports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35O6O.doc City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 47. As the area to the west has an open space covenant attached to any land action, the applicant shall be required to have an independent grading monitor/inspector on site during its grading operation to verify non disturbance of any "Open Space". The "Open Space" area shall be identified through physical means and verification of the grading monitor/inspector prior to approval of the grading permit issuance. All grading activity shall be conducted on site and shall not impact the open space property to the west. 48. Associated with the "Open Space" covenant for land to the west, this unique site requires retaining wall construction along the westerly property line. The wall heights and design shall be approved by the Community Development Department along with the any other approvals required by the City for construction and design of the retaining wall. Erosion Control and Drainage Systems necessary to restrict off site flow and control erosion will be subject to City Engineer approval. Consistent with the existing "Open Space" covenant, encroachment on to the adjacent land to the west, including temporary construction access, is prohibited. 49. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 50. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted Page 18 of 26 U J P:\Reports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doe City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 51. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 52. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 53. Prior to any site grading or regrading that will raise or lower any pad elevations by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City for a substantial conformance review. 54. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 55. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC Retention Basin Design Criteria, Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements, unless otherwise approved by the City Engineer. More specifically, stormwater falling on the site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. The tributary drainage area shall extend to the centerline of adjacent public streets and shall also accept upstream tributary flows for this Page 19 of 26 r �J J P:\Reports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doc City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 regional sag location on Washington Street. Stormwater handling for Washington Street may require additional drainage facilities to be constructed. 56. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements unless otherwise approved by the City Engineer. 57. In design of retention facilities, the percolation rate will be considered to be zero, unless otherwise approved by the City Engineer. 58. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 59. The applicant shall relocate the maintenance access ramp for the southerly retention basin with access off of Washington Street (Lot 1) to Street "E" within the development. The maintenance access ramp design shall be as approved by the City Engineer. 60. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-016 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems, unless otherwise approved by the City Engineer. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin, unless otherwise approved by the City Engineer. 61. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B) (7), LQMC unless otherwise approved by the City Engineer. 62. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 63. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 64. Storm drainage historically received from adjoining property shall be received and Page 20 of 26 v 0D P:\Reports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doo City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 retained or passed through into the historic downstream drainage relief route. Pursuant to the aforementioned, the applicant shall construct off -site drainage improvements and gain construction 11Tll ITIFS 65. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 66. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 67. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 68. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. CONSTRUCTION 69. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 70. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. Page 21 of 26 P:\Reports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doe City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 71. The applicant shall provide and maintain landscaping in the required setbacks, retention basins, common lots and park areas. 72. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 73. Final landscaping and irrigation plans (and precise grading plans relevant to landscape areas) shall be prepared by a licensed landscape professional and shall be reviewed by the ALRC and approved by the Community Development Director prior to issuance of the first building permit. An application for Final Landscape Plan Check shall be submitted to the Community Development Department for final landscape plan review. Said plans shall include all landscaping associated with this project, including perimeter landscaping, and be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Community Development Department. 74. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Community Development Director and the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 75. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5`" Edition or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right- of-way. PUBLIC SERVICES 76. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 77. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 78. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction Page 22 of 26 P:\Reports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doc City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 supervision. 79. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 80. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 81. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 82. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 83. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 84. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 85. The developer shall pay school mitigation fees based on their requirements. Fees shall be paid prior to building permit issuance by the City. 86. Tentative Tract 35060 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. The in -lieu fee shall be based on the fair market value of the land within the subdivision. Land value information shall be provided to the Community Development Director, via land sale information, a current fair market Page 23 of 26 r1) PAReports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doe City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 value of land appraisal, or other information on land value within the subdivision. The Community Development Director may consider any subdivider -provided or other land value information source for use in calculation of the parkland fee. IRE MARSHALL 87. For residential areas, approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2-hour duration at 20 PSI. Fire hydrants are also required every 660 feet on the outside of the perimeter walls. 88. Blue dot retro-reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 89. Any turn or turn -around requires a minimum 38-foot outside turning radius. 90. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor as measured by outside path of travel. 91. The minimum dimension for access roads and gates is 18 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height, and a turn through the center divider not to exceed every 100 feet. 92. Any gate providing access from a public roadway to a private entry roadway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 93. Gates shall be automatic, minimum 18 feet in width and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 94. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 95. The applicant or developer shall prepare and submit to the Fire Department for Page 24 of 26i) PAReports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doc City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. MISCELLANEOUS 96. All applicable conditions/provisions of Specific Plan 2006-081 shall be in force and effect for TTM 35060. 97. The Tentative Tract Map shall be amended to include access easements between lots 47 through 52, 35 through 40, 29 through 34, 69 to 72, 65 to 68, and 58 to 61, to accommodate the pedestrian "paseos" described in the Specific Plans. The paseo easement shall be a minimum of 11 feet in width, and shall be maintained by the homeowner's association. 98. All perimeter wall designs including height, color, material, design shall be reviewed by the Architecture and Landscape Review Committee and the Planning Commission. 99. Proposed street names, with a minimum of two alternative names per street, shall be submitted to the Community Development Department for approval. The street names shall be approved prior to recordation of the final map. 100. All mitigation measures contained in Environmental Assessment 2006-579 shall be met. 101. In addition to the mitigation measure requirement for an archaeological monitor contained in Environmental Assessment 2006-579, the applicant shall coordinate with the Ague Caliente Band of Cahuilla Indians to ensure that an approved cultural monitor is present during any grubbing, earth moving or excavating activity on the undeveloped portions of the subject property. If human remains are encountered during grading and other construction excavation, work in the immediate vicinity shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5. If significant Native American cultural resources are discovered which call for a Treatment Plan, the developer or his archaeologist shall contact the Ague Caliente Band of Cahuilla Indians ("Tribe"). If requested by the Tribe, the developer or the project archaeologist shall, in good faith, consult on the discovery and its disposition (e.g. avoidance, preservation, return of artifacts to tribe, etc.). 102. Prior to final map approval, the developer shall submit to the Community Development Department for review, a copy of the proposed Covenants, Conditions, Page 25 of 26 14 PAReports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doc City Council Resolution No. 2007 Conditions Of Approval - Recommended Tentative Tract 35060 - Laing Luxury Homes February 20, 2007 and Restrictions (CC&R's) for the project. If Community Development Director determines City Attorney review is necessary, a deposit will be required for reimbursement of City Attorney review fees. 103. Minor lot configuration modifications required to comply with these conditions and Fire Marshal requirements shall be reviewed and approved by the Community Development Department and Public Works Department. 104. Approval of production home designs and landscaping requires approval of a Site Development permit application by the Planning Commission. 105. The Community Development Director shall cause to be filed with the County Clerk a "Notice of Determination" pursuant to CEQA Guideline § 15075(a) once reviewed and approved by the City Council. The appropriate filing fee shall be paid by the developer within 24 hours of City Council approval of the tentative tract map. 106. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 107. A permit from the Community Development Department is required for any temporary or permanent tract signs. Uplighted tract identification signs are allowed subject to the provisions of Chapter 9.160 of the Zoning Ordinance. 108. The Community Development and Public Works Directors may allow minor design changes to final map applications that include a reduction in the number of buildable lots, changes in lot sizes, relocation of common open space areas or other required public facilities (e.g., CVWD well sites, etc.) and changes in the alignment of street sections, provided the applicant submits a Substantial Compliance Application to the Public Works Department during plan check disclosing the requested changes and how the changes occurred. These changes shall be conveyed to the City Council when the map is presented for recordation consideration. 109. Each lot shall be limited to not more than one (1) guest suite with kitchenette. Page 26 of 26 P:\Reports - CC\2007\2-20-07\Laing Cont\CC COA - TT 35060.doc RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2006-873, ALLOWING DEVELOPMENT OF 74 SINGLE FAMILY HOMES ON 28.33 ACRES LOCATED AT THE NORTHWEST CORNER OF WASHINGTON STREET AND AVENUE 48 (EXTENDED) CASE NO.: SITE DEVELOPMENT PERMIT 2006-873 APPLICANT: LAING LUXURY HOMES WHEREAS, the City Council of the City of La Quinta, California, did on the 6th day of February, 2007 and continued to the 20`h day of February, 2007, hold a duly noticed Public Hearing for Laing Luxury Homes for review of a Site Development Permit to allow the construction of 74 single family homes on 28.33 acres located at the northwest corner of Washington Street and Avenue 48 (extended), more particularly described as: ASSESSOR'S PARCEL NUMBER 760-240-014 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23RD day of January, 2007, hold a duly noticed Public Hearing for Laing Luxury Homes and recommended approval of a Site Development Permit to allow the construction of 74 single family homes on 28.33 acres located at the northwest corner of Washington Street and Avenue 48 (extended); and WHEREAS, the Architecture and Landscape Review Committee for the City of La Quinta did, on the 17th day of January, 2007 recommend approval of the proposed project, subject to Conditions of Approval; 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 approving said Site Development Permit: 1. The proposed Site Development Permit is consistent with the General Plan goals, policies and programs relating to the Low Density Residential land use designation, and with Specific Plan 2006-081, and supports the development of a variety of housing types within a Specific Plan. 2. The proposed Site Development Permit is consistent with the standards of the Zoning Ordinance and with Specific Plan 2006-081, as conditioned, which establishes development standards for the project. 3. The proposed Site Development Permit will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible witci 1 G surrounding development, and conform with the City's standards and requirements, as conditioned. City Council Resolution No. 2007- Site Development Permit 2006-873 Laing Luxury Homes Adopted: February 20, 2007 4. The proposed Site Development Permit, as conditioned, complies with the architectural design standards for Specific Plan 2006-081, and implements the standards and guidelines included in that document. 5. The proposed Site Development Permit, as conditioned, is consistent with the landscaping standards in Specific Plan 2006-081 and implements the standards for landscaping and aesthetics established in the General Plan. 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; and 2. That it does hereby approve Site Development Permit 2006-873, for the reasons set forth in this Resolution, and subject to the Conditions of Approval attached hereto; and 3. That it does hereby confirm the conclusion that the Environmental Assessment (EA 2006-579) assessed the environmental concerns of this Site Development Permit. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of February, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California u17 P:\Reports - CC\2007\2-20-07\Laing Cont\SDP 06-873 RESO.doc City Council Resolution No. 2007- Site Development Permit 2006-873 Laing Luxury Homes Adopted: February 20, 2007 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 C13 P:\Reports - CC\2007\2-20-07\Laing Cont\SDP 06-873 RESO.doc CITY COUNCIL RESOLUTION NO. 2007 CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-873 LAING LUXURY HOMES DATE: FEBRUARY 20, 2007 GENERAL 1 . The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this development application or any application thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit is valid for two years, unless an extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the La Quinta Municipal Code. 3. This approval is for the following model plans: Bungalow Plan 1 A, 1 B, 1 AX, 1 BX Bungalow Plan 2A, 26, 2AX, 2BX Bungalow Plan 3A, 3B Bungalow Plan 4A, 4B Hacienda Plan 1 A, 1 B Hacienda Plan 2A, 2B Hacienda Plan 3A, 3B 4. Prior to issuance of building permits for any of the units authorized by this approval, final working drawings shall be approved by the Community Development Director. 5. SDP 2006-081 shall comply with all applicable conditions and/or mitigation measures for the following approvals: Environmental Assessment 2006-579 • Specific Plan 2006-081 • Tentative Tract Map 35060 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. No development permits will be issued until compliance with these conditions has been achieved. .;-- r--.err rnn cno onna_07o n-- City Council Resolution No. 2007- Conditions of Approval - Recommended Site Development Permit 2006-873 Laing Luxury Homes Date: February 20, 2007 6. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies, if required: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permits) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Riverside County Agricultural Commissioner • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • South Coast Air Quality Management District (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. 7. Air conditioning compressors by Zoning Code requirements cannot be placed in sideyards unless a minimum 5 foot clearance between compressor and side property line is provided. 8. A Community Development Department application for Final Landscape Plan Check shall be submitted for final landscaping plans and reviewed by the ALRC per the Code and application requirements with final approval by the Community Development Director. 9. The six foot tall perimeter wall proposed along north and south property lines shall be measured from the interior finished grade of the residential lots. Said walls shall be constructed of solid materials that prevent direct views of adjacent properties. 10. The applicant shall redesign the perimeter wall and berms along the Washington Street frontage for a maximum combined height of wall and berms not to exceed eight feet, of which the wall height shall not exceed six feet. Height shall be measured from top of curb to top of wall. Said wall shall have staggered openings every 100 feet and pilasters shall be placed at each end as well as the center of the 100 foot sections. P.im .nnn _ rn Onn7\29n_n7\I -Inn nnnt%rn l nn cno 9nna C7Q All City Council Resolution No. 2007- Conditions of Approval - Recommended Site Development Permit 2006-873 Laing Luxury Homes Date: February 20, 2007 11. The applicant shall redesign the three tiered retaining walls. Said retaining walls shall have a curvilinear pattern with additional stepping and design details that integrate the walls with natural elements such as rock outcroppings. Additional trees and large shrubs shall be incorporated into the design to soften the visual impact of the proposed walls. A minimum of six feet between said walls and a maximum slope of 3:1 shall exist in locations where trees and/or large shrubs are proposed. 12. The Site Development Permit shall be amended to include one recreational amenity at the central park site. The recreational amenity could include, but is not limited to, a pool or spa, tot lot, bocci ball court, putting greens, picnic area, and/or community garden. In addition, seating shall be established along all trails at intervals not greater than 200 feet. Recreational amenities shall be maintained by the homeowner's association. 13. All "choker" or "chicane" curbs shall be painted red and posted "No Parking" in a manner acceptable to the Public Works Department and the Fire Department. 14. No signage is permitted with this approval. Signage shall be reviewed under separate permit. 16. As per American Association of State Highway Transportation Officials (AASHTO) sight triangle design standards, plants located within sight triangles shall not consist of a height greater than 30 inches from the pavement surface and tree canopies shall not hang below 80 inches. 17. Any ground -mounted mechanical equipment located in view from any street or common area shall be screened by dense landscaping, of a sufficient height to fully screen such equipment above its horizontal plane. 18. Where garages and courtyard walls meet, the wall shall be set back a minimum 6" from the face of the garage to minimize joint cracking. 19. Each lot shall be limited to not more than one (1) "kitchenette" guest suite. 20. The Hacienda units shall have a minimum front yard building setback of 15 feet except for garages, which shall have a minimum front yard setback of 20 feet. Garages oriented parallel to the fronting street shall have a minimum front yard setback of 15 feet. 21. The landscaping along the Washington Street frontage shall not include turf, ( ti D\Oennnn _ rr\Onn7\19n.n7\I Inn Pn tlrr l nn cno 9nna_071 All 7tr II ; r YJ I y� I { t r i A II -0 l .ram X 4 ) 1 r CIT tl S06A , Ft-�•{{r ,. - y •. I � .�mm �- ,�:J'ii L f:... ^J 'v+Y".. r"�1�Z _ ., ti. I � _ _ _? _ y A 1 r TIN. Ull �, IL r � M 4A04 s. €x� Ml � ✓ F t '>t i,° . +-?777 A r�T y�yt♦--��rt,�,�Ei r�,v�..� i e �t ' far �.I �� yz � �t* �.x . wi y t `rr`k ,S°x ,4 b� ' k'�+�Tw Y F�� I _ '� k, • �( Eu k FSi .'ry F 11v F M1 ki �' .�75�. `'tP'#'i�i;: �� .�. � n.�. � ._....�,r _f, t.,_a 3',?- z• ;€i .r �'..„ .. I' i ATTACHMENT 5 EPSTEN GuNNELL & HOWELL< A T T O R N E Y S A T L A W 9980 Carroll Canyon Rd., Suite 200 Tel 858.527.0111 San Diego, CA 92131 Tel 800.300.1704 www.epsten.com Fax 658.527.1531 BRYAN M. GARRIE, APC OF COUNSEL January 22, 2007 PERSONAL & CONFIDENTIAL ATTORNEY -CLIENT PRIVILEGED Re: Laguna de la Paz Homeowners Association Our File No. 4430.01 To Whom It May Concern: This letter will confirm the ongoing negotiations between Laing Luxury Homes and Laguna de la Paz Homeowners Association, concerning Laing's proposal to develop a residential community on the property north of Laguna de la Paz. To date, the parties have met on multiple occasions, and exchanged significant information regarding the proposed project, and Laguna's requirements for such a project. While the most recent treatment of Laing's southernmost slope is well -received by Laguna, there are outstanding issues regarding drainage across Laguna's common area. Both parties are working diligently to resolve these issues. Sincerely, EPST N GRINNELL & HOWELL, APC AHowell, for Laguna de la Paz Homeowners Association MMH/jcy 269492.1 8 A N D I E G 0 1 M U R R I E T A I P A L M D E S E R T (+ 11 n L :DE,: PYE�2007UIWAELDPMENT EM Laguna dela PQZ Homeowners Association 48 300 Vista De Nopal La Quinta, CA 92253-2236 Office (760) 564-8864 Fax (760) 564-8867 City Council City of La Quinta 78495 Tampico La Quinta, CA 92253 Re: City Council Resolution No. 2007 Approval of Tentative Tract 35060-Laing Luxury Homes To whom it may concern: February 6, 2007 Laguna de la Paz (hereinafter "Laguna") is the residential project located to the south of the proposed tract. Although Laguna has been in contact with Laing as it has undertaken planned development of the tract, we respectfully request that the proposed TM be denied at the present time, or that existing conditions be altered as described herein or additional conditions be imposed to address Laguna's continuing concerns re drainage. History. Laing contacted Laguna some months ago, and has met several times, both with its board of directors and concerned homeowners, to discuss elements of its plan which are of concern to Laguna's homeowners. Those concerns have largely centered around two aspects of the Laing project, viz., the configuration of the slope which will abut Laguna's north side, and drainage across the Laing project and onto Laguna's property. Laing's representatives most recently spoke by telephone to Laguna's counsel, Mary M. Howell, on January 4, 2007. At that time, the conversation included an NBS engineer, Chris Burg. Laguna's counsel raised the issue of drainage across Laguna At the conclusion of the conversation, Laing's attorney agreed to provide a revised drainage easement agreement, and Laing agreed to "send the storm drain specs to [engineer Burg] who can begin working on figures for the Board's consideration." Neither the revised agreement nor the figures have yet been presented. Laing did present the original TM for Laguna, and has argued that Laguna is required by virtue of the map to accept drainage across Laguna. Conditions of Approval. Although Mr .Welty (Laing) has urged the Association to conclude that the conditions of approval are sufficient protection for Laguna, Laguna disagrees. Specifically: -Condition 20 provides that Laing will secure easements for drainage improvements in connection with St. Francis of Assisi, to the north of the Laing project Laguna requests that a specific condition be imposed that Laing obtain a mutually agreeable, express drainage easement from Laguna, in the event that the City does not require Laing to contain all water on its own premises. Laing's proposal should provide for access for all its workers solely through Laing property, and not Laguna property. .Condition 55 provides that Laing shall contain stormwater on site "unless otherwise approved by the City Engineer." Laguna believes the requirement to contain stornwater on the Laing site should be absolute, with no discretion in the Engineer to permit other arrangements. -Condition 56 provides that Laing shall retain nuisance water on site, "unless otherwise approved by the City Engineer." Laguna believes the requirement to contain nuisance water on the Laing site should be absolute, with no discretion in the Engineer to permit other arrangements. -Conditions 63 and 64 are most problematic. Laing has already intimated that it believes it has a right to shunt its excess drainage across Laguna, based on the old TM for Laguna. However, any such drainage should be required to be the same amount of water, at the same velocity, and the same quality of water. We are uncertain as to precisely what "storm water in excess of retention capacity" might mean. With regard to Condition 64, the condition is unclear. We request Laing be required to fund the preparation of an appropriate study, at its cost, to be performed by an independent, qualified engineer, in order to assure Laguna (and the City) that no undue amounts of water will flow over Laguna property, potentially overwhelming its existing drainage facilities (located along Washington and the southern border of the Laing project.) Other concerns. Various homeowners within Laguna have voiced concerns regarding security (Laguna is currently a gated, walled community and Laing's proposal involves removing a substantial portion of Laguna's perimeter wall and therefore many homeowners would prefer a Laing proposal which includes a boundary wall at the property line) and the massive height of the slope at the west end of the project (some owners will be viewing a 10' slope surmounted by a 6' wall, on the Laing project, and some owners have voiced a desire to see the Laing property grade lowered to what it was before the La Quinta Art Foundation regraded the property). Laguna anticipates its owners will appear to present further concerns to the Council. Conclusion. Based on the above, Laguna respectfidly requests the Council deny approval of the tentative map for the moment. Laing should be directed to provide Laguna (and the City) with appropriate engineering studies regarding anticipated flow, and the drainage impact on Laguna. Further, approval of the map should be subject to execution of an acceptable drainage agreement in the event Laing is not required to contain all water on its own property. Thank you for your consideration of the above. Respectfully submitted, Boar of Directors ��:,c� cc: Planning Department ATTACHMENT 6 January, 31, 2007 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92247 Mr. Les Johnson; Mr. Ed Wimmer; Laing Luxury Homes would like to respectfully request additional consideration by city staff for the Conditions of Approval for Tentative Tract 35060 and Site Development Permit 2006-873. The requested changes are listed below. Tentative Tract Map 35060 We would like to request the addition of a condition to allow the pad heights of lots 12- 25 to be increased by up to 2' from the heights as currently proposed. This would allow for a better transition to the higher grades of the open space to the west and the church property to the north. This would not have an impact on the proposed street grades or the top of wall heights but would reduce the overall mass of the proposed retaining walls by 2' in height. This will also aid in the flexibility of the redesign of the proposed three tier retaining walls allowing for greater articulation in its design Proposed condition 26 requires several conditions for Offsite Improvements. These conditions were determined to benefit the applicant with the assumption that access would be required through Church property. The application does not stand to directly benefit from the proposed intersection without such access and has provided an alternative with no access related to this intersection. The alternate alleviates the benefit to the applicant associated with such improvements and as such the following language is requested to be added to Condition 26: "In the event that the applicant is unable to secure an access easement with Saint Francis of Assisi Church, Tentaive Tract Map 35060 Conditions 26.A.1.c, 26.A.1.d, 26.A.1.f, and 26.A.2. shall not apply" LAN('. Lrxcey Hoatis U (+ B%Dove Street Snite 200 Newpan Beach, Califommia 92660 Tel 949-265-2400 Fax 949-265-2599 ow-w.lainglarmy.cozi -- ti 5 Site Development Permit 2006-873 Condition 3 should be revised to reflect plan numbering changes. Plan2X and Plan lX have been renamed Plans 5 and 6 Condition 9 This condition requires a 6' wall constructed of solid materials. We currently have a proposal under review by Laguna De La Paz that would allow partially open construction on lots 6-11, where the grade difference is significant enough to provide for adequate privacy to Laguna De La Paz. We are requesting the same flexibility as Condition 52. We would like to Request the following language be added, "or as approved by adjacent properties or community development director." Thank you for your time in considering this request. Sincerely, Joshua Welty Assistant Project Manager Laing Luxury Homes LAING Lrxnrsv HOW-S 895 Dove Street Suite 200 Newport Beach, CnOfonun 92660 Tel 949-265-2400 Fox 949-26.5-2599 www.lwngluxur�,Coln '— ATTACHMENT 8 United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services a „ Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad, California 92011 In Reply Refer To: FWS-ERIV-5126.2 Les Johnson, Planning Manager Community Development Department City of La Quints P.O. Box 1504 La Quinta, California 92247 rF�B - 6 2007 0r LA WINTpY DEVELOPMENT/1RTM NT Subject: Comments on Tentative Tract Map 35060, Specific Plan 2006-081, Site Development Permit 2006-873, and Environmental Assessment 2006-579, Riverside County, La Quinta, California Dear Mr. Johnson: The U.S. Fish and Wildlife Service (Service) received the above notice on January 17, 2007, regarding the proposal to review Laing Luxury Homes development located within La Quinta (City). We find that our comments and recommendations discussed in our letter of December 18, 2006, were accepted by the City as conditions of approval for the above referenced development. The Service continues to work closely with Riverside County and the cities of the Coachella Valley on the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) for this portion of Riverside County. We commend the City for assessing this proposed project in conformance with the requirements of the proposed CVMSHCP. We look forward to working with the City in the future. If you have any questions or concerns about our comments on the Laing Luxury Homes Development or would like to discuss other long term conservation measures, please call Peggy Bartels of my staff at 760-431-9440. Sincerely, Therese O'Rourke Assistant Field Supervisor cc: Kim Nicol, California Department of Fish and Game, Bermuda Dunes l T-df ^F 4Q COUNCIL/RDA MEETING DATE: February 20, 2007 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions of the City Council Certifying Environmental Assessment 2006-573, Approving Site Development Permit 2006-865 for the Architectural and Landscaping Plans for a Signature Pool Facility for the Property Located on the West Side of Avenida Obregon, Approximately 150 Feet South of Avenida Fernando on the La Quinta Resort Grounds. Applicant: CNL Desert Resorts, L.L.P. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 01 Adopt a Resolution of the City Council certifying an Addendum to the Environmental Impact Report and subsequent CEQA compliance documents and approving Site Development Permit 2006-865, subject to the Conditions of Approval. The Planning Commission on a 2-2 vote (with Commissioner Daniels absent) failed to adopt a Resolution which would have recommended approval of Site Development Permit 2006-865, subject to Conditions. The Planning Commission voted 4-0 in favor of recommending certification of the Addendum. The Community Development Department recommended approval of Site Development Permit 2006-865. FISCAL IMPLICATIONS: The applicant's stated purpose for seeking to make these modifications to the Resort is to increase occupancy levels in the off season. According to the applicant, occupancy levels in the summer average 48%, as opposed to the levels in the peak season, which average 75%. The City receives Transient Occupancy Tax ("TOT") when the hotel rooms are occupied. In addition, the City receives sales tax revenues from other expenditures by hotel visitors. The City staff has not estimated the expected increase in tax revenues associated with the Signature Pool proposal. However, the applicant estimates the expected increase to be between $400,000 and $550,000 annually. In the 2005-2006 Fiscal Year, the City received $4,118,768 in TOT revenue from the Resort. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Environmental Review The La Quinta Community Development Department has caused to be prepared Environmental Assessment 2006-573 (An Addendum To Final Environmental Impact Report (EIR) Number 41 and to a series of subsequently approved environmental review documents) for this Site Development Permit in compliance with the requirements of the California Environmental Quality Act Of 1970, as Amended (Attachment 1). The Community Development Department has determined that the proposed modifications to the La Quinta Resort do not require a Subsequent EIR, Supplemental EIR or a Negative Declaration/Mitigated Negative Declaration, since the circumstances described in Section 15162 Of The California Environmental Quality Act Guidelines do not exist, in that there will be no new or more significant impacts than those disclosed in the prior EIR Number 41 and the CEQA compliance documents approved subsequently. The modifications proposed, and the circumstances under which the modifications would be carried out, do not require substantial changes to the previous EIR, or the subsequent environmental documents, due to the involvement of new significant environmental impacts or a substantial increase in the severity of previously identified significant effects. In addition, there is no new information of substantial importance which would trigger the requirement of a Subsequent EIR, Supplemental EIR or Negative Declaration/Mitigated Negative Declaration in accordance with section 15162(a)(3). Therefore, the Community Development Department is recommending certification of Environmental Assessment 2006-573 if the project is approved. Surrounding Land Uses North: Tennis Villas and date palm grove South: Tennis courts, Tennis Villas, Resort Homes and Spa La Quinta East: Avenida Obregon with the Resort grounds beyond West: Tennis courts and Tennis Villas General Plan/Specific plan Designation CT (Tourist Commercial) Zoning Designation TC (Tourist Commercial) General The subject property is on the grounds of the La Quinta Resort which opened in 1926 and is located on the west side of Eisenhower Drive, south of Avenida Fernando. The site proposed for the "Signature Pool" facility is on the east side of Avenida Obregon, south of Avenida Fernando, which are private streets within the 62 acre resort (Attachment 2).j The La Quinta Resort and Club (originally the La Quinta Hotel) opened in 1926 with 20 casitas, a lobby area and one restaurant. Over the years it has been expanded and modified to include 62 acres and over 800 rooms. Relevant resort development modifications and additions over the years have included: 1926 Opened on December 26, 1926. 1927 Installed nine -hole golf course, the second course built in the Coachella Valley. 1937 Added the first swimming pool to the Resort. 1940's Constructed the Tennis Club offering 30 courts with a choice of hard, grass and clay surfaces (presently there are 23 tennis courts). 1980 Constructed two 18-hole golf courses. 1984 Between 1980 and 1984, constructed 193 casitas and suites with swimming pools, the original Signature Pool (now replaced with sunken center tennis court), the Frank Capra Ballroom and two suites. 1987 Constructed its third 18-hole golf course. 1988 Constructed 371 casitas and a number of swimming pools, the retail area (The Plaza), and two restaurants (Morgan's and Adobe Grill). 1994 Constructed the Flores Ballroom. 1998 Constructed the 23,000 square foot Spa La Quinta and Spa Villas bringing the guestroom total to a little over 800 guestrooms. Prior to 1982 when the City incorporated, development of the Resort was governed by the County of Riverside regulations. The 4.7 ± acre site of the proposed water feature presently is developed with resort recreational facilities, including ten tennis courts (of the total 23 courts), the main Resort swimming pool, landscaped grounds, a children's playground, the Morgan House, and other several buildings. Landscaping consists of a large number of mature Palm and Olive trees. Nine tennis courts, the tennis stadium (center court), a restroom building, the main outdoor swimming pool and playground area will all be removed to facilitate the new water feature. Two of the three retained buildings will be used as part of the proposed pool facility. The remaining Morgan House which has been closed to Resort and public use for approximately one year due to seismic safety concerns will be retained as is with a safety fence installed around it. Proposed Modifications to the Resort's Recreational Amenities: General The proposal is to construct a "Signature Pool" water feature on the 4.7± acre site, fronting on Avenida Obregon, a private 20 foot wide street. The proposal would include several water -related and pool amenities (Attachment 3). Proposed amenities include two artificial rock formations, one of which will contain three enclosed slides leading to a splashdown pool and a wave pool, a lazy river that proceeds in a circular loop, a formal outdoor pool with terraces, private pool -side cabanas, an arrival plaza building, children's outdoor play area and pool, a game room with first aid center, U3S indoor and outdoor dining areas, and chaise lounge deck areas. A description of the project which includes a background on the Resort has been submitted by the applicant (Attachment 4). The water features are intended to increase the Resort's summer off-season occupancy (48%) to levels closer to the in -season rate of 75%. The facilities will be open only to Resort guests and La Quinta Resort Club paid members and their children under the age of 23 who are living at home, attending school on a full time basis or in the military. Members' guests will not be allowed to use the facility unless they are staying at the Resort. It will not be open to the general public at any time, nor be available for use by guests of the applicant's other hotels. The proposed water features (water slides, wave pool and lazy river) would be open daily between Memorial Day and Labor. Day from 10:00 a.m. to 6:00 p.m. and on weekends the remainder of the year. In addition, the Signature Pool facilities would be open daily during Thanksgiving week, from Christmas through New Year's Day, on Presidents' Day weekend, and for one to three weeks during the Spring break period. Based upon this schedule, the water feature will be closed approximately 60% of the weeks each year. The formal swimming pool, spa, and children's pools and playground would be open daily with varying hours. The applicant currently uses the open areas of the 4.7-acre site, the deck for special events such as receptions, dinners, and meetings in conjunction with conference guests and will continue to do so after the construction of the new features. Access to the upper area of the rock feature will be closed between the hours of 6:00 p.m. and 10:00 a.m. A ground -mounted speaker and music system will be utilized throughout the facility. Lighting of the facility will consist of ground -mounted or tree -mounted down -shining fixtures. During full operation of the water feature, the applicant has estimated staffing to be 48 people, consisting of 19 lifeguards, eight pool attendants, 15 servers/bartenders, one manager, two assistant managers and three dedicated engineering/maintenance workers. Site Design The swimming pools, spas and children's areas will be located on the east side of the site lot closer to Avenida Obregon. The restaurant building and Morgan House generally separate these pools from the west side of the site where the water slides, wave pool and lazy river are proposed to be located. The area will be secured by various decorative fencing or structures. Fencing is proposed to be primarily six foot high decorative metal picket fencing. The existing masonry wall in front of the Morgan House along Avenida Obregon will be retained and used as part of the perimeter fencing. A new decorative security fence will be installed between the pool area and Tennis Villas. This new fence will be similar in location and design to the existing fencing around the Morgan House. - 0 J. The pedestrian entry to the water feature will be on Avenida Obregon located approximately in the middle of the frontage in the area where an existing turnaround exists. This turnaround will be maintained and used for loading and unloading of guests using the facility. All pedestrian entrance and exiting will be at this controlled point. A new drop off area is proposed in front of the Spa La Quinta as well as some relocated parking spaces. Presently, between the sunken tennis court and Spa La Quinta to the south, there is an ungated 20 foot wide emergency Fire Department vehicular access from Avenida Obregon to the Tennis Club and restaurant building areas. This ungated access will be maintained to the north end of the Tennis Club building to provide emergency access to this area. At this point, access will be gated to prohibit unauthorized access to the water feature but will allow emergency access. Also as a part of the proposal, a raised median (10 feet wide and 50 feet long) with a turn -around area would be constructed on Avenida Obregon, just south of Avenida Fernando, to control and facilitate vehicle circulation and access in this part of the Resort. Private property owners and their guests adjacent to Avenida Obregon will still have unrestricted access through this entry to their properties. A recommended condition allows the City to require installation and operation of vehicle gates just south of the median in the future if needed to control parking and traffic going to the water feature. The private property owners adjacent to Avenida Obregon would continue to have full access through the street if such a gate is required in the future. This new entry will require removal of nine perpendicular Resort parking spaces and relocation of the adjacent Resort wall on the east side of Avenida Obregon, adjacent to the new median. The site grading will generally be at the same or in many areas slightly lower than the adjacent grades. For example, adjacent to the Tennis Villas to the north in the area of the current connecting walkway, the finish surface next to the lazy river is shown four feet below the walk on the Tennis Villas site and 6.5 feet below the finish pads. On the south side of the site next to the Tennis Villas the proposed grade is approximately the same as the Villa's side. The splash pool is 6.5 feet below the pad of the Tennis Villas located just to the south. The proposed elevations of the lazy river and splash pool were lowered in response to resident concerns. Arch itecture/Buildings/Structures The existing Tennis Club building near the northwest corner of the site will be expanded slightly to provide tennis locker rooms and a tennis video pro -shop office. These facilities are currently within the 4.7-acre site on the west side of the restaurant building. The current "L" shaped restaurant and bar in the middle of the site will be retained and used as part of the facility. A portion of the building at the northwest corner containing restrooms, lockers, library and the tennis video pro -shop office will be 3 removed with those services relocated to the expanded Tennis Club building as noted above. Adjacent to the west side of the restaurant a small one-story first aid station and game room (45 feet by 34 feet) will be constructed. A basement will be provided and is noted to be for pool equipment. A new one-story building approximately 117 feet long by 34 feet deep (approximately 2,000 square feet) will be constructed at the facility entry adjacent to Avenida Obregon. The building height will not exceed 15 feet. It will function as the secured entry and exit into the facility as well as housing restrooms, a retail area, office, and maintenance and service rooms. All new buildings and additions will architecturally match the surrounding existing buildings and utilize white smooth trowel texture plaster, red clay barrel tile roofing, divided light windows and exposed rafters. The remaining structures on the site will consist primarily of trellises and pool cabanas. The trellises will be constructed of wood (minimum 2"x 6") and be supported by concrete columns or attached to buildings. The pool cabanas will have plaster -finished walls, a standing seam metal roof, and wood construction and be fitted with canvas flaps on the fronts which can be opened and closed. As a part of the proposal, two artificial rock formations will be constructed at the west end of the site. The larger of the two will be the southernmost formation at 28 feet high measured from the finish grade at the base of the formation. It will house three enclosed water slides that empty into an adjacent pool which is to the east of the structure. These three slides will be interior slides. This structure is approximately 180 feet from the closest Tennis Villa to the north; 28 feet from the closest two-story Tennis Villa to the south; and 25 feet from the tennis court to the west. To the north, outside the adjacent Tennis Villas, small patio areas are provided next to the water feature property line. To the south there are no outdoor living spaces for the two-story residential units directly facing the site. The finish grade at the base of this structure is approximately one-half foot lower than the adjacent to the closest Tennis Villa to the south. The second rock formation is located to the north of the above -described structure and will be 18.5 feet high, measured from the base of the formation and will contain wave making equipment for the adjacent wave pool to the east. This structure is approximately 62 feet from the closest Tennis Villa to the north, 138 feet from the closest Tennis Villa to the south, and 38 feet from the tennis court to the west. The finish grade at the base of this formation adjacent to the Tennis Villas to the north is approximately 4.5 feet lower than the Villa's yards. Movie projector equipment will also be housed in this structure for use with a removable screen on the outside of the foundation facing east towards the pool for evening summer movies. The Resort currently shows outdoor movies during the summer months. GJ� The exterior of these structures will be medium to dark rock -colored gunite sculptured to appear like rock and mimic the nearby mountains. Small trees and shrubs will be interspersed in planters at various elevations on the structures. The applicant has indicated that no tall trees would be placed on the structures. The lazy river, which allows people to tube along its length, will meander in an irregular circle around the wave pool, its artificial rock formation, and a portion of the lounging area. This river will meander adjacent to the Tennis Villas to the north with distances generally between 18 to 35 feet away. The water surface of the river is proposed to be approximately six feet lower than the grade of the adjacent Tennis Villa yards to the north. The children's pool area is located just west of Avenida Obregon and adjacent to the east side of the Morgan House. The nearest Tennis Villa is approximately 12.5 feet away. Morgan House The Morgan House has been listed on the 1997 Mellon and Associates Historic Survey as a historic resource that is eligible for listing as a Historic Landmark at the City, State and Federal levels. A thorough evaluation of the house has been completed by Architectural Resources Group (ARG) as a part of the Addendum for this modification to the Resort. The house is located near the northeast corner of the site and proposed to be retained in place but not used due to its non-compliance with current earthquake standards. No changes to the Morgan House are proposed as part of this proposal, and no future plans have been indicated for this building. The Morgan House will not be utilized in any way in connection with the Signature Pool facilities. The adjacent freestanding one-story garage and storage structure at the northwest corner of the Morgan House is not noted by the Mellon and Associates or ARG reports as an historic structure and will be removed. A decorative safety fence is proposed around the house to ensure the public's safety. The new fence will be similar in location and design to the existing fencing. The setting for the Morgan House currently consists of a childrens' play area and jungle gym covered with a blue canvas shade structure immediately to the east, a temporary trailer and wall to the north, tennis courts and tennis court fencing to the west, and a swimming pool, tent structures, and fencing to the south. The proposed modifications would place similar facilities in the same general proximity to the Morgan House. There will not be a negative change in the character of the Morgan House's setting. Rather, the proposed design of the buildings to be constructed within the Site Development Permit area will be consistent with the Morgan House's appearance. The decorative fencing surrounding the Morgan House will have a more attractive appearance than the fencing which currently surrounds the House, and the blue canvas tarp and jungle gym would be removed. Landscaping Landscaping plans show an extensive use of trees and shrubs with an emphasis on color. Planting materials are to a great extent low-water use plants. Specific tree types and locations are shown with sizes varying from 24-inch to 48-inch box size. One of the main trees to be used throughout the site is the Date Palm tree with 15 feet of clear trunk height. California Fan palms will be used extensively and will be between 15 to 25 feet clear trunk height. Shrub planting species are noted as a mixture of tropical -type color and desert. The plans show specific locations for the various shrubs and ground covers. Little use of turf is indicated on the plans. Parking/Circulation The applicant is not proposing to provide new parking spaces for the Signature Pool area. The applicant states that it is not increasing the number of hotel rooms and users of the water feature will be Resort guests and La Quinta Club members who are already using the existing facilities. During in -season and other busy periods, the Resort requires employees to park at an off -site parking lot on Calle Tampico and provides shuttles to and from the Resort. This feature will continue to be utilized when the water feature is in operation. Additionally, shuttles for guests to the water feature and adjacent Spa La Quinta from the main parking lot to the east, the valet area and other parts of the Resort, will be available to reduce the need to drive cars to the site from other areas of the Resort. When in use, the gated or manned station on Avenida Obregon will allow directing of traffic to the most appropriate parking area to ensure parking problems in the water feature area are avoided, and Avenida Obregon remains accessible to emergency vehicles and property owners who use the street for access. In order to widen a portion of the street to provide a median and controlled access on Avenida Obregon at Avenida Fernando, nine perpendicular parking spaces are being removed on the east side of Avenida Obregon. They are installing five perpendicular spaces as shown just south of the adjacent Spa La Quinta, along with new decorative street paving in front of the Spa's entry which currently has five parking spaces. These spaces will be eliminated with the area used as a passenger loading and unloading zone. This new parking area to the south is presently a landscape planter. Due to its 20 foot wide width, Avenida Obregon does not allow parallel parking on either side of the street. Prior to the Planning Commission meeting, the applicant submitted to staff a report, which was distributed to the Planning Commission, documenting current traffic volumes on February 9, 2007 along Avenida Fernando, Avenida Obregon and the main Resort entrance drive (Attachment 5). The report also included an on -site visual parking use survey between 10 a.m. and 10 p.m. on February 9, of the 1,005 on -site 3 ^O parking spaces available. This survey did not include the remote 230 space employee parking lot on Calle Tampico. In summary, the study found that with the 70% occupancy of the 800 rooms available on that day, the Resort was operating within their traffic capacities. Additionally, the highest overall parking demand observed was 52% of the parking spaces in the morning just before the 10:00 a.m. checkout time. The areas of highest parking demand were the main parking area next to the Las Flores Ballroom, and around the Spa La Quinta building on Avenida Obregon. There were parking lots with available parking spaces within 200 to 300 feet of the areas with the highest parking demand. Issues/Analysis: As noted, no additional parking facilities are proposed to be provided for this use. The applicant states there will not be an increased parking demand that will exceed the existing parking capacity because the pool feature is geared to increasing the Resorts occupancy during the 48% off-season summer month occupancy when parking is readily available. Also, based upon their research relating to Resort facility usage, the applicant states Citrus Club members who potentially could use the proposed water feature primarily use the Resort for golf and fitness and make very minimal use of the existing pools. Lastly, less than 20% of these members have qualified children who could potentially use the pool feature (Attachment 6). As a part of the Avenida Obregon entry median area south of Avenida Fernando, staff is recommending the Community Development Director have the right to require the gates be installed and operated during periods of increased parking due to high water feature attendance (Condition No.15.A.1.c.). Once required by the City and until the gates are installed, the Resort will provide a person to man the entry and control traffic allowed to enter the area. During operation of the gates or when it is manned, this entry area will also become the drop-off turnaround for water feature users. . Avenida Obregon is a 20-foot wide private street that does not allow parallel parking on either side. It is red -curbed and signed as a fire lane with no parallel parking allowed. During peak use periods, there have been times when guests have parallel parked along the street violating the fire lane restriction as well as making use of the street difficult. In the past, the City Code Compliance Department has received complaints regarding illegal parking on the street. As a result, monitoring of the area has resulted in the issuance of five citations in the last 11 months. Regular monitoring of the street for parking violations is done by the City Code Compliance Department. The gate requirement noted above is intended to alleviate this problem. Staff is also recommending that if the City determines, due to parking problems in the immediate area of the water feature operation, up to three parking management studies over three years after the beginning of operation, be completed to determine how to resolve any parking issues. Implementation of improvements recommended by the studies is required within one year of their requirement by the City (Conditions Nos. 23-25). As a part of the Addendum, an acoustical analysis of mechanical equipment use and expected operational conditions was prepared (Attachment 1). In summary, the findings of the study show that the proposed Signature Pool facilities will operate in compliance with current City noise standards. Furthermore, the amount of noise increase over existing noise levels near the proposed Signature Pool will not be significant. The applicant will be required to comply with the City's Noise Ordinance at all times. The Morgan House is located within the area near the northeast corner of the site. As noted above, the house will remain in place but be fenced off in order to protect both the public and Resort employees from a seismic induced collapse. The setback of the fencing from the house will be determined by the type of fencing. An open decorative fence will require a slightly bigger setback while a solid engineered fence will allow the fence to be closer to the building. Staff has recommended Condition of Approval No. 81 requiring an attractive safety/security fence be installed as a temporary measure (until the structures seismic instability is corrected or it is demolished) with the design and location submitted to the Community Development and Building and Safety Directors for approval. Additionally, a historic resources monitor or structural engineer is recommended to be on site whenever demolition or construction vibration or noise is occurring within 100 feet of the building to ensure its safety (Condition No. 82). With regards to the safety fencing location, the applicant has submitted an engineering report prepared by an adobe specialist with recommendations on where fencing should be placed to ensure that a collapse of the building will not endanger nearby persons. The fence location varies depending on whether the fence is structurally engineered and constructed of a solid material or not. In either case, the location of the safety fence will easily fit within the site plan of the applicant's proposal. As noted above, the historic context of the Morgan House on the Resort grounds will not be degraded beyond that which presently exists. When the house was originally constructed, the area surrounding it was to a great extent undeveloped. Over the years, development of the Resort and surrounding residential development has encroached upon the house. The house is essentially surrounded by fences and walls that either keep persons in nearby areas there or away from the house. Therefore, the installation of these safety fences will not affect the historic context of the house and its surroundings. The Resort presently operates an on -site shuttle service throughout the Resort that will continue when the Signature Pool facilities are operational. Recommended Condition of Approval No. 28 in part requires shuttle service be available to the water feature to assure guests that access is readily available if they need to park in the main parking lots to the east or elsewhere on the Resort site. The area proposed for the Signature Pool is presently used almost exclusively for Resort recreation and with the installation of the proposed water features, the area will continue to be used for that purpose. _ ZJ 3 In order to provide fire protection access to the two artificial rock structures on the west side of the site, the Fire Department is recommending as a condition of approval that a fire truck gate and access to the west side of the site be provided on Calle Mazatlan where the tennis court is adjacent to the street (Condition No. 105). The gates will allow Fire Department vehicles and personnel access to the artificial rock structures from the west. This would require a 20 foot wide portion of the existing fences between the three courts be removed or hinged. The net for the fourth court (No. 12) adjacent to the water feature will need to be removed to provide a fire vehicle turnaround, unless an alternative (i.e. removable net poles, access through adjacent Villa Drive, etc.) is agreed upon by the Fire Department. The fire access from Avenida Obregon that exists will remain. Planning Commission Action: The Planning Commission held a Public Hearing to consider this request at its meeting of February 13, 2007. The applicant's presentation included a brief history of the Resort and its development as well as a description of the proposed Signature Pool facility. The applicant noted that it has approximately 1,600 employees. With the increased summer and shoulder month's occupancy, they predict the new facilities will help retain those employees during the Resort's traditionally slow period. Also, they noted the facilities will allow them to compete with other regional resorts that now have these types of amenities. They noted that they made numerous changes to their design to address concerns they had previously heard from surrounding property owners, such as: enclosing all of the water slides;, lowering the grades; lowering the water surface in the lazy river and the splash pool to help retain sound; and reducing the height of the rock formations. During that hearing, approximately 33 people spoke, nearly all in opposition to the request. A number of letters, photographs and other documents were submitted to the Planning Commission (Attachment 7). The speakers and the letters noted concerns such as: increased traffic in an area that is already at times congested;, noise from the water feature users; construction noise and inconveniences;, blocking of views by the taller rock formation; loss of tennis facilities; and loss of the Resort's charm. The adjoining Homeowners' Association has hired the law firm of Guralnick & Gilliland, LLP to prepare a letter in opposition to the proposal. This letter also includes technical reports addressing traffic, parking and noise (Attachment 7). In response to this letter and reports, the City's traffic and noise consultants have submitted written responses (Attachment 8). The City Attorney has noted that the Guralnick letter is based upon the erroneous assumption that the City is proposing to adopt a Negative Declaration in connection with this application. This is incorrect. The environmental documentation which has been prepared for this proposal is an "Addendum." This was prepared in accordance with CEQA Guideline 15164. The Addendum builds on the analysis completed in EIR No. 41 and the subsequent environmental documents. This is appropriate because t� what is proposed is a modification to a 4.7-acre portion of an existing 62-acre project (the La Quinta Resort), which project has already undergone extensive and voluminous environmental review under the California Environmental Quality Act. The question isn't whether or not there will be any impacts from the Signature Pool facilities. Instead, the question is whether the replacement of Resort amenities proposed in this application will cause significant impacts beyond those previously outlined in the extensive prior environmental review. The Addendum concludes that with the proposed modifications to the Signature Pool area, the Resort as a whole will have not greater impacts than what has already been identified and accepted. In this regard, it is important to note that the proposal involves no increase in the number of rooms available for rent. Instead, its purpose is to have more efficient usage of the existing capacity of the Resort. The Planning Commission, with Commissioner Daniels absent, discussed the various issues brought up as well as their ideas and concerns. In addition to neighborhood concerns, items discussed by one or more of the Commissioners included: whether the Signature Pool facilities were too intense for the location; how the facility would be operated; the Resort's right to evolve and make changes; impacts on the surrounding property owners; and possible additional Conditions of Approval, including improvements to the berm along Eisenhower Drive and the existing pathway. The Planning Commission on a 4-0 vote adopted Resolution 2007-007 recommending certification of an Addendum to Environmental Impact Report #41 and subsequent CEQA compliance documents for Environmental Assessment 2006-573. Then, on a motion by Commissioner Quill, the Planning Commission recommended approval of Site Development Permit 2006-865 (SDP). The vote was 2-2 with Commissioners Alderson and Barrows casting negative votes. The Commission was informed by the City Attorney that City's policy is when there is a tie vote and a commissioner is absent, the item is normally continued to the next meeting so that the absent commissioner can break the tie vote. However, the policy allows the Commission to provide a different disposition if they can do so in a successful motion. Because the Commission action on the SDP was simply a recommendation to the Council, the Commission adopted a motion 4-0 directing that the request be sent to the City Council noting their action and the Conditions of Approval that had been suggested by Commission Chair Quill. Specifically, they requested the following additional Conditions of Approval be considered by the City Council if it is determined that the SDP be approved: 1. That a comprehensive landscaping, irrigation and fencing plan to resolve problems and improve the appearance be prepared for the Eisenhower Drive frontage and southern perimeter adjacent to the Bear Creek Bike Path for review and approval by the Community Development Director. The plan shall be implemented and completed prior to issuance of the Certificate of Occupancy for the Signature Pool facility. 2. That a security operations plan be submitted to the Community Development Director for approval prior to issuance of first building permit. The plans should include items such as security in the pool facility and Avenida Obregon areas during operation and after hours, control of guests in residential areas, etc. 3. That trees on the rock formations shall be limited to small trees that do not obstruct views and are compatible with the local mountain habitat. Architecture and Landscaping Review Committee (ALRC): The ALRC reviewed this request at its meeting of December 6, 2006, and on a 3-0 vote recommended approval of the request with conditions recommended by staff (Attachment 9). Historic Preservation Commission (HPC): On January 18, 200, the Historic Preservation Commission reviewed the provisions proposed to retain the Walter Morgan House at the Resort as part of their proposed water feature. The HPC requested the following additional information be submitted: 1. Retrofit costs to make house safe to occupy. 2. Future plans for the house at this time. 3. Plan for maintaining the house if not retrofitted. 4. Discussion of how the building could be used as part of the Resort. This information is required to be submitted and approved by the HPC prior to any alterations to the Morgan House other than demolition of the adjacent detached modern -era outbuilding. Public Notice: This application was advertised in the Desert Sun newspaper on February 8, 2007. All property owners in and within 500 feet of the site were mailed a copy of the Public Hearing notice as required by the La Quinta Municipal Code. Other persons sent notices included those who sent the City letters or a -mails prior to the publishing of the hearing notice. As of this writing, a number of letters have been received and are attached for your review (Attachment 10). Generally, the majority of the correspondence has been negative citing issues such as increased traffic and parking problems, increased noise, loss of views, loss of the Resorts original ambiance, and construction disturbance. Findings: The Findings as required by Section 9.210.010 (Site Development Permits) of the Zoning Code can be made as noted below. V ._ C 4 1 1 . Compliance with the General Plan - The SDP site within the La Quinta Resort is designated by the General Plan and applicable Specific Plan 121 E, Amendment #5 as Tourist Commercial which includes recreational uses. This designation permits the Resort and related recreational uses such as the proposed Signature Pool water feature. Furthermore, the 4.7-acre site has been used for various resort -related recreational uses, including a previous "Signature Pool" where the sunken tennis courts presently exist. Therefore, the proposal is in compliance with the General Plan and Specific Plan. 2. Compliance with the Zoning Code - The City Zoning Map and applicable Specific Plan 121 E, Amendment No. 5 zone the 4.7 acre site within the La Quinta Resort as Tourist Commercial. This designation permits the Resort and related recreational uses such as the proposed Signature Pool water feature. Applicable development standards are complied with based on the proposed plans and recommended Conditions of Approval. 3. Compliance with CEQA - The La Quinta Community Development Department has caused to be prepared Environmental Assessment 2006-573 (an Addendum to Final Environmental Impact Report (EIR) Number 41 and to a series of subsequently approved environmental review documents) for this Site Development Permit in compliance with the requirements of the California Environmental Quality Act of 1970, as Amended. The Community Development Department has determined that the proposed modifications to the La Quinta Resort do not require a subsequent EIR, Supplemental EIR or a Negative Declaration/Mitigated Negative Declaration, since the circumstances described in Section 15162 of the California Environmental Quality Act Guidelines do not exist, as there will be no new or more significant impacts than those disclosed in the prior EIR No. 41 and the CEQA compliance documents approved subsequently. The modifications proposed, and the circumstances under which the modifications would be carried out, do not require substantial changes to the previous EIR, or the Subsequent Environmental documents, due to the involvement of new significant environmental impacts or a substantial increase in the severity of previously identified significant effects. In addition, there is no new information of substantial importance which would trigger the requirement of a subsequent EIR, supplemental EIR or Negative Declaration/Mitigated Negative Declaration in accordance with Section 15162(a)(3)• Therefore, upon certification of Environmental assessment 2006-573, the proposal will be in compliance with CEQA requirements. 4. Architectural Design - The architectural design of the proposed facilities, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with other plans approved for construction on the Resort grounds and other surrounding development in the City. 5. Site Design - The site design of the facilities, including, but not limited to entries, interior circulation, pedestrian amenities, and other site design elements have been established by the previous development of the 4.7-acre area on the Resort grounds. The center tennis court area has been used for a pool in the past and, with this project, will be again used for that purpose. The proposed facilities will be compatible with surrounding hotel development and with the quality of design prevalent in the City. 6. Landscape Design — The proposed landscaping includes, but not limited to the location, type, size, color, texture, and coverage of plant materials is designed so as to provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, and provide a harmonious transition between adjacent land uses. It will provide an overall unifying influence, enhance the visual continuity of the facilities, complement the surrounding area and comply with City and CVWD water efficiency requirements, ensuring efficient water use. 7. Sign Programs - A comprehensive sign program, including on -site facility and Resort directional signage is required upon approval of this proposal prior to issuance of the first building permit. Resort area directional signage will include shuttle routes and stops. Conclusion: The Resort has grown and continuously evolved over the years. It began with 20 casitas' and one restaurant. Over the years it has been expanded and been modified to include 62 acres and over 800 rooms, along with extensive recreational activities including golf, tennis, fitness, biking, and water activities. The Signature Pool proposal is an evolution of the recreational activities at the resort. During the final preparation of this staff report on February 16, staff received from the applicant a letter outlining additional measures the Resort was willing to undertake, and clarification on the additional Transient Occupancy Tax the pool feature is expected to generate (Attachment 11). Staff will review this letter and provide a report at the public hearing. FINDINGS AND ALTERNATIVES: The Findings for approval can be made as noted above and in the attached Resolutions. The alternatives available to the Council include: 1. Adopt a Resolution of the City Council certifying an Addendum to the Environmental Impact Report and subsequent CEQA compliance documents and approving Site Development Permit 2006-865, subject to the Conditions of Approval; or 2. Deny the request; or 643 3. Provide staff with alternative direction. Respectfully submitted, Douglas . Evans Community Development Director Approved for submissio by: Thomas P. Genovese, City Manager Attachments: 1. Addendum (EA 2006-573) Note: Previously distributed to City Council and Errata to Addendum attached 2. Location Map 3. Plan exhibit booklet — City Council only 4. Signature Pool description 5. La Quinta Resort & Club Current Traffic Volumes and Parking Conditions 6. Letter from Paul J. McCormick dated January 11, 2007 7. Items submitted to Planning Commission at meeting of February 13, 2007 8. Noise and Traffic Consultant's response letters 9. ALRC minutes for the meeting of December 6, 2007 10. Letters received from public — Separate attachment due to size RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, (1) CERTIFYING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT (EIR NO. 41), AND SUBSEQUENT CEQA COMPLIANCE DOCUMENTS, FOR LA QUINTA COVE GOLF CLUB REVISED SPECIFIC PLAN 121-E (1975), PREPARED FOR SITE DEVELOPMENT PERMIT 2006-865; AND (2) APPROVING DEVELOPMENT PLANS FOR A SIGNATURE POOL FACILITY LOCATED ON THE WEST SIDE OF AVENIDA OBREGON, ON THE LA QUINTA RESORT GROUNDS CASE NOS.: ENVIRONMENTAL ASSESSMENT NO. 2006-573 [ADDENDUM] AND SITE DEVELOPMENT PERMIT 2006-865 APPLICANT: CNL DESERT RESORT, LLP WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 13th day of February, 2007, hold a duly -noticed Public Hearing to consider the request of CNL Desert Resort, LLP ("CNL") regarding an Addendum to the Environmental Impact Report for Revised Specific Plan 121-E, as revised and amended, (EIR No. 41) (the "Addendum") and Site Development Permit No. 2006-865 (the "SDP"); WHEREAS, the Planning Commission, after thoroughly considering the Addendum, EIR No. 41, the subsequent CEQA compliance documents, the staff report and presentation, the presentation by Impact Science regarding the Addendum, the presentation by the Applicant, the public testimony and written submissions, did approve the Planning Commission Resolutions 2007-007, wherein it recommended by a vote of all Planning Commissioners present that the City Council adopt a resolution certifying the Addendum; WHEREAS, the Planning Commission voted by minute action to submit the SDP to the City Council for action, and to report the vote taken on a failed motion (which resulted from a tie vote) to approve SDP with added conditions of approval, which vote and added conditions are further outlined in the staff report to the City Council for the February 20, 2007 public hearing. WHEREAS, the City Council did, on the 20th day of February, 2007, hold a duly -noticed public hearing to consider the request of CNL regarding the Addendum and the SDP, which contemplates the modification of approximately 4.7 p\reports-cc\2007\2-20-07\sdp 2006-865 cnl\sdp ea cc res.doc City Council Resolution No. 2007- Environmental Assessment 2006-573 Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: February 20, 2007 acres within the La Quinta Resort's 62-acre site, and the construction of a "Signature Pool" complex on that 4.7. acre parcel; WHEREAS, the Community Development Department, Planning Commission and the City Council have each determined that the Addendum complies with the requirements of the California Environmental Quality Act and "The Rules to Implement the California Environmental Quality Act of 1970" (as amended, Resolution 83-68 adopted by the City Council); and WHEREAS, upon hearing and considering the EIR No. 41, the subsequent CEQA compliance documents, the Addendum and all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts, findings, and reasons to justify certifying the Addendum: 1. The current applications for the SDP (the "Application" or "Proposed Modification"), with respect to a portion of Revised Specific Plan 121-E, as amended, constitute further discretionary approvals needed to implement the Revised Specific Plan, as amended. The Application reflects necessary entitlements to proceed with the redevelopment of approximately 4.7 acres, located within the La Quinta Resort's 62-acre site; both of which are situated within the Revised Specific Plan 121-E, as amended. Specifically, the "Signature Pool" contemplated by the Proposed Modification will provide several water -related and pool -featured amenities, including an arrival plaza; a children's outdoor play area; a "lazy river" that proceeds in a circular loop; a formal outdoor pool with terraces; private pool -side cabanas; a game room with a first aid center; outdoor dining terraces; a splashdown pool for slides; a wave pool; a chaise lounge deck; and secure gate entry points. The Proposed Modification will be limited to a specific portion of the La Quinta Resort's 62- acre property, which presently contains existing recreational facilities, including an outdoor swimming pool and tennis courts. Specifically, the area to be affected by the Proposed Modification presently contains up to ten existing tennis courts, the existing tennis stadium (center court), an existing restroom building and an existing outdoor swimming pool. The Proposed Modification will not be open to the general public and is not intended to function as a theme park or public water park. Additionally, the Proposed Modification site is situated such that it is not visible to the general public or from any adjacent public roadways. City Council Resolution No. 2007- Environmental Assessment 2006-573 Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: February 20, 2007 2. On or about May 6, 1975, the Board of Supervisors for the County of Riverside certified the adequacy and completeness of EIR No. 41 and approved and adopted Specific Plan 121-E. In October of 1982, the City Council certified Environmental Assessment No. 15145 and a Negative Declaration in connection with its consideration and approval of the Revised Specific Plan 121-E to reflect modifications to Specific Plan 121-E, refinements of the development concepts therein and a change of zone. On or about September 20, 1988, the City Council certified Environmental Assessment No. 88-095 and a Negative Declaration in connection with its consideration and approval of Amendment No. 1 to Revised Specific Plan 121- E, which Amendment implemented Change of Zone No. 88-031, Tentative Parcel Map No. 23749 and Plot Plan No. 88-393. On or about November 21, 1989, the City Council certified Environmental Assessment No. 89-141 and a Negative Declaration in connection with its consideration and approval of Amendment No. 2 to Revised Specific Plan 121- E, which Amendment implemented Plot Plan No. 89-421. On or about July 5, 1995, the City Council certified Environmental Assessment No. 95-304 and a Mitigated Negative Declaration in connection with its consideration and approval of Amendment No. 3 to Revised Specific Plan 121- E, which Amendment implemented Plot Plan No. 95-555. On or about September 16, 1997, the City Council certified Environmental Assessment No. 97-340 and a Mitigated Negative Declaration in connection with its consideration and approval of Amendment No. 4 to Revised Specific Plan 121-E, which Amendment implemented General Plan Amendment No. 97- 054; Change of Zone No. 97-083; Tentative Tract Map No. 28545; Site Development Permit Nos. 97-607 and 97-608; and Certificate of Appropriateness No. 97-003. On or about June 19, 2001, the City Council certified an Addendum to EIR No. 41 in connection with its consideration and approval of Amendment No. 5 to Revised Specific Plan 121-E, which Amendment implemented Tentative Tract Map No. 30125; General Plan Amendment No. 2001-078; Change of Zone No. 2001-101; and Site Development Permit No. 2001-703. 017 City Council Resolution No. 2007- Environmental Assessment 2006-573 Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: February 20, 2007 The Revised Specific Plan 121-E, as amended by Amendments 1, 2, 3, 4 and 5, is referred to herein as the "Prior Project Modifications." The Proposed Modification is consistent with the Prior Project Modifications. 3. The Proposed Modification does not contemplate or propose substantial changes in the Prior Project Modifications, which will or would require major revisions of EIR No. 41 and subsequent CEQA compliance documents approved by the City, due to the involvement of new significant environmental effects or a substantial increase in the severity of significant effects previously identified in EIR No. 49 and subsequent CEQA compliance documents referenced above. Rather, the Proposed Modification concerns a change in, and construction related to, the current recreational uses within a specific area of the La Quinta Resort, which specific area is currently used and is approved for commercial and recreational purposes. 4. No Substantial changes will occur with respect to the circumstances under which the Prior Project Modifications will be undertaken, as modified by the Proposed Modification described herein, which will or would require major revisions of EIR No. 41 and subsequent CEQA compliance documents approved by the City, due to the involvement of new significant environmental effects or a substantial increase in the severity of the significant effects previously identified in EIR No. 41 and subsequent CEQA compliance documents approved by the City. 5. No new information of substantial importance which was not known, and could not have been known with the exercise of reasonable diligence, at the time EIR No. 41 and subsequent CEQA compliance documents were certified/approved as complete, has become available which shows any of the following: (A) The Proposed Modification will have one or more significant effects not discussed in EIR No. 41 and subsequent CEQA compliance documents; (B) Significant effects previously examined will be substantially more severe than shown in EIR No 41 and subsequent CEQA compliance documents; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the Prior Project Modifications and/or Proposed Modification, but the City declines to adopt the mitigation measures or alternatives; or GI City Council Resolution No. 2007- Environmental Assessment 2006-573 Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: February 20, 2007 (D) Mitigation measures or alternatives which are considerably different from those analyzed in EIR No. 41 and subsequent CEQA compliance documents would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measures or alternative. 6. Based upon these findings and the Addendum/Initial Study, the City Council has determined that no Subsequent EIR or Supplemental EIR is required or appropriate under Public Resources Code section 21166 and 14 Cal. Admin. Code § § 15162; 15163 and 15164, and that an Addendum is sufficient to make EIR No. 41 and subsequent CEQA compliance documents apply to the Proposed Modification. 7. The Addendum/Initial Study, which was prepared to evaluate whether the Proposed Modification would cause any new or potentially more severe significant adverse effects on the environment, specifically analyzed, in addition to several other potential impacts, potential impacts related to cultural resources, traffic, air quality, noise and aesthetics. The analysis and conclusions for many of these specific potential impacts were based on, and relied upon, expert reports that are attached to the Addendum as Appendices A — E and which, together with the Addendum, provide the substantial evidence upon which the City Council's findings provided herein are based. Based upon the facts and analysis contained in the Addendum/Initial Study, the City Council finds that the Proposed Modification will not have, when compared to EIR No. 41 and subsequent CEQA compliance documents referenced above, any new or more severe adverse environmental impacts, in the defined Study Area, including without limitation, no new or more severe significant adverse impacts related to cultural resources, traffic, air quality, noise or aesthetics. The City Council makes the following more specific findings: (A) The Addendum/Initial Study specifically analyzed the Proposed Modification's potential effects on cultural resources, based upon the Historic Resources Evaluation prepared by Architectural Resources Group, which is attached to the Addendum as Appendix A and incorporated therein. Based upon the facts and analysis contained in the Addendum/Initial Study and its Appendix A, the City Council finds that the Proposed Modification will not have any new or more severe significant impacts on cultural resources, including the historical context of such resources. In particular, the City finds, based on the City Council Resolution No. 2007- Environmental Assessment 2006-573 Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: February 20, 2007 photographic evidence presented at the hearing, that the current historic context surrounding the Morgan House has already been substantially compromised by the existing Jungle Gym, tennis courts, swimming pool, walls and fences which surround the Morgan House. Moreover, and in the alternative, the City Council finds that any temporary construction fence and/or proposed safety wall surrounding the Morgan House is categorically exempt from CEQA based upon the following CEQA Guidelines: 15301 (Class 1-Existing Facility, including subsection (f) (safety device)); 15303 (Class 3-Small Structure, including subsection (e) (fences)); 15311 (Class 1 1-Accessory Structures) and 15331 (Class 31- Historical Resource Protection Measure). (B) The Addendum/Initial Study specifically analyzed the Proposed Modification's potential impacts on traffic and circulation, based upon a Traffic Impact Analysis prepared by Endo Engineering, which is attached to the Addendum as Appendix B and incorporated therein. Based upon the facts and analysis contained in the Addendum/Initial Study and its Appendix B, and the Supplemental Traffic Report submitted by Endo Engineering dated Feb. 12, 2007, the City Council finds that the Proposed Modification will not have any new or more severe significant traffic or circulation and/or parking impacts, either on public roads or the internal circulation system at the Proposed Modification site. (C) The Addendum/Initial Study specifically analyzed the Proposed Modification's potential impacts on air quality, based upon an Air Quality Modeling and Analysis prepared by Impact Sciences, which is attached to the Addendum as Appendix C, and incorporated therein. Based upon the facts and analysis contained in the Addendum/Initial Study and its Appendix C, the City Council finds that the Proposed Modification will not have any new or more severe significant impacts on air quality. (D) The Addendum/Initial Study specifically analyzed the Proposed Modification's potential impacts related to noise, based upon the Operational Acoustics Study prepared by Veneklasen & Associates, which is attached to the Addendum as Appendix D, and incorporated therein. Based upon the facts and analysis contained in the Addendum/Initial Study and its Appendix D, the additional modifications which have been made to the proposal and the added conditions of approval to further reduce any residual noise impacts, and the Supplemental Noise report from Veneklasen dated 2/15/07, the City City Council Resolution No. 2007- Environmental Assessment 2006-573 Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: February 20, 2007 Council finds that the Proposed Modification will not have any new or more severe significant impacts related to noise. 8. The Proposed Project Modification will not have a significant adverse impact upon scenic views based upon the test set forth in CEQA case law (see e.g. Banker's Hill v. City of San Diego (2006) 149 Cal.App. 4" 249, 279 and Bowman v. City of Berkeley (2004) 122 Cal.App. 4`" 572, 586-587). Specifically that "obstruction of a few private views in a project's immediate vicinity is not generally regarded as a significant environmental impact." Furthermore, independent of the above legal standard, the City Council finds, based on the photographic evidence and renderings presented at the hearing, as well as on the physical dimensions of the proposed structures, that any impact upon existing views of the Santa Rosa Mountains is less than significant, in that 1) the Signature Pool rock formations have been substantially revised to reduce its mass and height, 2) the artificial rock foundation will blend with the scenic backdrop of the Santa Rosa Mountains, and 3) based upon current obstructions to the views at issue. 9. The Proposed Modification does 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. 10. The Proposed Modification does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no new or more severe significant adverse effects on the environment have been identified by the Addendum/Initial Study. 11. The Proposed Modification will not result in any new or more severe significant impacts which are individually limited, but cumulatively considerable, when viewed in connection with planned or proposed development in the immediate vicinity. 12. The Proposed Modification will not have environmental effects that will adversely affect the human population, either directly or indirectly, in that no new or more severe significant impacts have been identified which would affect human health or public services. City Council Resolution No. 2007- Environmental Assessment 2006-573 Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: February 20, 2007 13. These factual findings are based upon EIR No. 41, all subsequently approved CEQA compliance documentation for the Prior Project Modifications, the Addendum/Initial Study and all documents referred in or attached to it -- including, without limitation the Historic Resources Evaluation; the Traffic Impact Analysis; the Air Quality Modeling and Analysis; the Operational Acoustics Study; and the Recommendations for Protective Fence at the Morgan House -- the submissions of the applicant; the records and files of the City's Community Development Department related to the Proposed Modification; and any and all other documents referred to or relied upon by the Revised Specific Plan, as amended. 14. The City Council has considered the Addendum, the EIR No. 41 and the subsequent CEQA compliance documents approved by the City, and has concluded that the Addendum reflects the independent judgment of the City. 15. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 California Code Regulations section 753.5(d). 16. The location and custodian of the City's records relating to the Proposed Modification is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make the following Mandatory Findings to justify approval of said Site Development Permit: 1. Compliance with the General Plan - The project site within the La Quinta Resort is designated by the General Plan and applicable Specific Plan 121 E, Amendment #5 as Tourist Commercial. This designation permits the resort and related recreational uses such as the proposed Signature Pool water feature. Furthermore, the project site has been used for various resort related recreational uses, including a "Signature Pool" where the sunken tennis courts presently exist. Therefore, the project is in compliance with the General Plan and Specific Plan. 2. Compliance with the Zoning Code - The City Zoning Map and applicable Specific Plan 121 E, Amendment #5 zone the project site within the La Quinta Resort as Tourist Commercial. This designation permits the resort and related G�2 City Council Resolution No. 2007- Environmental Assessment 2006-573 Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: February 20, 2007 recreational uses such as the proposed Signature Pool water feature. Applicable development standards are complied with based on the proposed plans and recommended Conditions of Approval. 3. Compliance with CEQA - As stated above, the Proposed Modifications have been reviewed in the Addendum prepared in accordance with CEQA Guideline 15164, and pursuant to Guideline 15162, no subsequent EIR or Negative Declaration/Mitigated Negative Declaration is required. 4. Architectural Design - The architectural design of the project, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with other plans approved for construction in the tract and other surrounding development in the City. 5. Site Design - The site design of the project, including, but not limited to project entries, interior circulation, pedestrian amenities, and other site design elements have been established by the previous development of the project area on the resort grounds. The center tennis court area has been used for a Signature Pool in the past and with this project will be again used for that purpose. The project will be compatible with surrounding hotel development and with the quality of design prevalent in the City. 6. Landscape Design - Project landscaping includes, but not limited to the location, type, size, color, texture, and coverage of plant materials is designed so as to provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, and provide a harmonious transition between adjacent land uses. It will provide an overall unifying influence, enhance the visual continuity of the project, complement the surrounding project area and comply with City and CVWD water efficiency requirements, ensuring efficient water use. 7. Sign Programs - A comprehensive sign program, including on -site project and resort directional signage is required upon approval of this project prior to issuance of first building permit. Resort area directional signage will include shuttle routes and stops. 653 City Council Resolution No. 2007- Environmental Assessment 2006-573 Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: February 20, 2007 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 the Addendum and the SDP. 2. That it does hereby certify the Addendum for the reasons set forth in this Resolution and the Staff Report and as stated in the Addendum on file in the City Clerk's Department. 3. That the City Council has reviewed the Addendum, EIR No. 41, and the subsequent CEQA compliance documents, and had determined that the Addendum reflects the independent judgment of the City. 4. That the Community Development Director is directed to file a Notice of Determination with the County Clerk regarding this action. 5. That the City Council does hereby approve Site Development Permit 2006-865, for the reasons set forth in this Resolution and in the Staff Report and Staff Presentation, and subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of February, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Don Adolph, Mayor City of La Quinta, California 654 City Council Resolution No. 2007- Environmental Assessment 2006-573 Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: February 20, 2007 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 �JJ CITY COUNCIL RESOLUTION NO. 2007-_ CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-865 CNL DESERT RESORTS, LLP ADOPTED: GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit and related approvals, including but not limited to any CEQA compliance document recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department Desert Sands Unified School District • Coachella Valley Water District (CVWD) — Stormwater Division, NPDES Permit Division • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SCAQMD Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's City Council Resolution No. 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"►, prior to the issuance of a grading or site construction permit by the City. 3. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08- DWQ. Additionally, the applicant shall be responsible for all requirements from the Coachella Valley Water District for the discharge of stormwater, nuisance water and other discharges to include pool maintenance drainage water into the Oleander Reservoir/La Quinta Evacuation Channel from the Site Development Permit site. Per the current Whitewater River Basin NPDES Permit, no discharge of chlorinated water is allowed. A. For construction activities including clearing, grading or excavation of land that disturbs one (1► acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permittee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 657 J City Council Resolution No. 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 4. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 5. Approval of this Site Development Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 6. This Site Development permit shall expire 24 months after its effective date if not used or implemented unless a legal action is filed challenging the SDP approval. In such event, the running of the 24-month period shall be tolled during the pendency of litigation challenging the SDP and any related CEQA compliance documents. PROPERTY RIGHTS 7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of, the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. 8. The applicant shall retain for private use all private street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 9. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS J City Council Resolution No. 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: 1) Avenida Obregon — No additional private street easement is required on the existing Private Street measured at 21 feet gutter flow line to gutter flow line except at the proposed entry gate on Avenida Obregon south of Avenida Fernando to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. B. DROP-OFF AREA 1) The drop-off area shall not be reduced from its existing size. Additionally, the drop-off area design shall incorporate ADA accessible guidelines as approved by the Building & Safety and Public Works Department. 10. When the City Engineer determines that access rights to the proposed street rights - of -way shown on the approved Site Development Permit are necessary, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 11. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas if required by the City Engineer or utility purveyor. 12. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 13. When an applicant proposes the vacation, or abandonment, of any existing right-of- way, or access easement, the Applicant shall provide an alternate right-of-way or access easement, to those properties, or notarized letters of consent from the affected property owners. 14. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Site Development Permit and completion of the project, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 15. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. A. PRIVATE STREET 6 5 9 City Council Resolution No. 2007-_ Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: 1) Avenida Obregon a) No additional private street easement is required except for the entry gate area at the intersection of Avenida Fernando and Avenida Obregon unless additional street widening is required by the City Engineer or Fire Marshal during plan checking and as per these conditions of approval. b) The drop-off area shall not be reduced from its existing size. Additionally, the drop-off area design shall incorporate ADA accessible guidelines as approved by the Building & Safety and Public Works Departments. c) The applicant/developer shall construct the new entry improvements, including curb gutter, raised median, sidewalk, future gate improvements, etc. and may be required to install a vehicle gate for the median entry on Avenida Obregon south of Avenida Fernando as determined by the Community Development Director. Design and specifications for the vehicle gates shall be submitted and approved with construction plans for the Avenida Obregon entry area. If required by the Community Development Director, the vehicle gates shall be installed within 4 months of the request, with the entry immediately manned by the Resort until the gates are installed. The gate will restrict vehicular access to the Signature Pool. The gated entry shall provide for a full turn -around outlet for non - accepted vehicles. The gate shall be installed but does not need to be operational unless determined by the Community Development Director and the City Engineer. The applicant shall submit a detailed exhibit at a scale of 1 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn- around (minimum radius to be 24 feet) out onto the Avenida Fernando from the gated entry. Pursuant to said condition, there shall be a minimum of twenty feet width provided at the turn- around opening. City Council Resolution No. 2007-_ Conditions of Approval - Recommended Site Development Permit 2006-865 CIVIL Desert Resorts, LLP Adopted: When gate is operational, access through the entry gate shall be solely for use of Resort Homes, property owners, all single family owners who have access to Avenida Obregon and guests of those property owners, and hotel guests and club members having authorized entry cards. The entry lane shall be a minimum of 20 feet of total paved roadway surface or as approved by the Riverside County Fire Department. Entry drives, main interior circulation routes, corner cutbacks, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 16. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 17. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 18. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 19. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 20. The applicant shall clearly identify on plan and construct or reconstruct as required, an accessible route of travel, as defined in Section 1 102B and as required in Section 1114B.1.2 of the 2001 California Building Code, from the proposed Site Development Permit site to existing accessible public building entrances on the site, 6 61 City Council Resolution No. 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: public transportation stops, accessible parking and passenger loading zones, and public streets or sidewalks, as approved by the City Engineer. 21. An appropriately sized designated passenger loading zone/shuttle stop/turn around area shall be provided along Avenida Obregon, at the water feature entry, where children destined to/from the water feature can be safely dropped off and picked up by their families [same as required in 9(B) and 15(A)(1)(b)]. This zone can also serve as a shuttle drop and loading point. During periods of peak use, the private passenger loading zone shall be at the gated entry on Avenida Obregon at Avenida Fernando. 22. Decorative street paving shall be provided at the drop off entry area to the signature pool area that is compatible with the color and style of nearby landscaping, paving and architecture. PARKING 23. If required by the Community Development Director, the applicant shall complete up to 3 parking studies after the Certificate of Occupancy has been issued. 24. Prior to issuance of first building permit, the applicant shall enter into a Parking Study Agreement with the City of La Quinta. If parking studies are required by the City after the Certificate of Occupancy has been issued, the applicant shall fund all expenses for up to 3 parking studies/evaluations that assess parking impacts associated with this Site Development Permit. The Parking Study/Studies is/are required to evaluate parking requirements from on -site and off -site traffic and must recommend parking management adjustments, if needed. The Parking Study/Studies shall be performed by a qualified Traffic Engineering or Parking Consultant, reviewed by the Community Development and Public Works Directors and approved by the Community Development Director. The applicant is required to pay for all expenses to conduct this/these study/studies for up to 3 years starting within one year from the facility's opening date. The seasonal timing of subsequent parking studies will be as determined by the Community Development Director. In addition to said requirement, the applicant shall be responsible for the design and construction of any measures and/or additional parking requirements resulting from the studies or as determined by the Community Development Director with improvements to commence construction within one (1) year of notification by the Community Development Director. 25. The applicant is required (prior to issuance of the grading permit) to deposit with the City of La Quinta cash in the amount of $35,000 to be placed in a draw down account for parking studies. After up to 3 studies are completed or within 3 years from the facility opening date, the balance of the unexpended funds shall be refunded to the applicant. 662 City Council Resolution No. 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: 26. No construction parking shall be allowed in marked resort parking spaces or on streets open to the public and hotel quests. Location and provisions for construction parking, standby and overflow/back-up in designated construction areas shall be approved by the Community Development and Public Works Directors. No construction parking/waiting shall be allowed on Avenida Fernando, Calle Mazatlan and on Avenida Obregon within 100' of any privately owned residential use. However, temporary construction parking shall be allowed on the SDP site provided that when the site is closed for construction no vehicle/equipment over 8' tall shall be parked within 20' of an adjacent residential yard unless construction use requires it not be moved until its use is completed. These provisions shall be monitored and enforced by the Resort and the City of La Quinta. 27. To control Resort use parking along Avenida Obregon after opening of the water feature, a parking management program shall be developed which requires parking permits and can be enforced through the ticketing of violators and the towing of vehicles parked without a permit. The program shall include issuance of permits to resort guests, spa clients and club members at the front desk of the Resort. During the off-season summer months (May through September), some of the off-street parking permits on -site may be made available to a limited number of club members with water feature access privileges. Shuttle transportation shall be made available to the water feature and spa from the main resort parking lot, and resort guests and club members shall be informed of its availability. No less than 60 days prior to issuance of an occupancy permit or final inspection for Certificate of Occupancy for the water feature, the comprehensive parking management program shall be submitted to the Community Development Director for review and approval. 28. If water feature parking demand exceeds available on -site parking supply on peak days in the future, cars shall not be allowed to park in adjacent neighborhoods. Additional off-street parking shall be provided at a remote location which is accessible by Resort operated shuttles and golf carts. Said remote parking provisions shall be approved by the Community Development and Public Works Directors. 29. No modification to existing off -site employee parking areas shall be implemented without approval of the Community Development Director. IMPROVEMENT PLANS 30. As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refers to persons currently certified or licensed to practice their respective professions in the State of California. 663 City Council Resolution No. 2007-_ Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: 31. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 32. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans for the Site Development Permit area and project related off -site improvements not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading/Demolition Plan 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal NOTE: A through C to be submitted concurrently. D. On -Site Street Improvements/Signing & Striping Plan E. On -Site Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: D through E to be submitted concurrently. F. Site Development Plan/Precise Grading Plan (to include design of Avenida Obregon entry gates) 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. GG4 City Council Resolution No. 2007-_ Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and note the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Site Development' plan is required to be submitted for approval by the Building Official and the City Engineer. "Site Development" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 33. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 34. The applicant shall furnish a complete set of all approved improvement plans on mylars to the City Engineer. 35. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the mylars in order to reflect the as -built conditions. GRADING 36. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 37. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 38. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, 065 City Council Resolution No. 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 39. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 40. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the site development permit site plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 41. New building pad elevations are required to have one foot freeboard from the 100- year storm Hydraulic Grade Line (HGL) as determined by the revised Hydrology Report. 42. The applicant shall minimize the differences in elevation between the adjoining properties and the finish grade within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 43. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Site Development Permit Site Plan, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 44. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor� G U U City Council Resolution No. 2007-_ Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. nRAINAGF 45. The design for the discharge of chlorinated pool water shall be in accordance with all applicable laws and standards and as approved by the City Engineer. 46. Stormwater handling shall conform with the approved hydrology and drainage report for the La Quinta Resort and Country Club and as modified for this Site Development Permit. Nuisance water shall be disposed of in an approved manner. 47. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 48. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 49. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 50. When an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Water District Stormwater Channel and if such discharge is permitted by the Coachella Valley Water District, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within the SDP area excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting these potential obligations. The 100-year storm water HGL shall be 3 feet below the channel lining and 2 feet below the Project Storm HGL. 6 -7 City Council Resolution No. 2007-_ Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: The remaining Conditions of Approval (Numbers 51 through 55) under "Drainage" apply if it is determined that the discharge of stormwater, nuisance water, and/or chlorinated pool water or other discharges are not permitted by the Coachella Valley Water District and/or the City of La Quinta. 51. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. Pool areas may flood during the 100-year storm event as a result of existing hydrology limitations. Building Finish Floor elevations and pump systems shall comply with FEMA standards. 52. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 53. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 54. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 55. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 56. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 57. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. City Council Resolution No. 2007-_ Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: 58. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. CONSTRUCTION 59. The City will conduct final inspections of habitable buildings, if any, only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. 60. A temporary construction fence shall be provided along all exterior perimeters of the Signature Pool site. Height, color, exact location, and materials of fence shall be reviewed and approved by the Community Development Director. All fences shall be constructed prior to demolition work beginning. 61. All Construction activities shall be limited to the hours and days prescribed in the City of La Quinta Municipal Code. 62. Divided light windows on new buildings shall have wood frames and exterior colors, materials, and plaster texture for new building construction shall to match those of existing on nearby buildings. LANDSCAPE AND IRRIGATION 63. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 64. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and open areas. 65. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and open areas, if any, shall be signed and stamped by a licensed landscape architect. NOTE: Plans are not approved for construction until signed by the Community Development Director. 66. The applicant or its agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5"' Edition or latest, in the design and/or installation of all City Council Resolution No. 2007-_ Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: landscaping and appurtenances abutting and within the private and public street right- of-way. 67. Final landscaping and irrigation plans (and precise grading plans relevant to landscape areas) shall be prepared by a licensed landscape professional and shall be reviewed by the ALRC and approved by the Community Development Director prior to issuance of the first building permit. An application for Final Landscape Plan Check shall be submitted to the Community Development Department for final landscape plan review. Said plans shall include all landscaping associated with this project, including perimeter landscaping, and be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Community Development Department. QUALITY ASSURANCE 68. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 69. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 70. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 71. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 72. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. City Council Resolution No. 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: 73. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 74. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. OPERATION OF FACILITY 75. The water feature may be open in the daytime hours. Guest use of water slide, wave pool and wave creating machinery and lazy river portions of the water feature shall open no earlier than 10 a.m. and close no later than 6:00 p.m. Access to the top and outside of the rock formations shall be prohibited when the water slides and wave pools are closed. SIGNS 76. Appropriate signage shall be provided, clearly indicating that parking adjacent to Avenida Obregon is by permit only. The resort shall enforce this restriction. Signage shall state ticketing and vehicle towing of violators will occur. 77. A Sign Program (for on- and off -site identification, directional, convenience, safety, etc.) shall be submitted to the Community Development Director for approval a minimum of 60 days prior to issuance of the Certificate of Occupancy and/or final inspections. 78. Directional signage shall be provided to clearly identify the pedestrian path to be used between the main Resort parking lot, Resort lobby, off -site (i.e. Centex project), and other parts of the Resort and the water feature. Shuttle routes shall be clearly marked. 79. The Signature Pool facility shall not be open to the general public. 80. Detailed plans for all amplified devises (music speaker, p.a., etc.) shall be approved by the Community Development Director. Noise levels shall not exceed those permitted in the La Quinta Municipal Code. City Council Resolution No. 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: MORGAN HOUSE 81, The Morgan House temporary safety/security fence shall be a minimum of 6' high and architecturally compatible to and appropriate for the building to the satisfaction of the Community Development Director. Additionally, final fence design per the Telesis Engineering report included in Appendix E of the Addendum for the La Quinta Resort Pool (SDP 2006-865) as approved by the Directors of the Department of Building and Safety and Community Development. The location of the fence shall be approved by the Community Development and Building and Safety Department Directors consistent with the site plan prior to issuance of the first demolition or clearing permit. A temporary 6' high chain or metal fence shall be installed in the approved location prior to the beginning of demolition or clearing to ensure protection of the building and adjacent grounds not scheduled to be demolished. 82. A qualified Historic monitor or structural engineer approved by the City shall be on - site during all project demolition or construction within 100' of the Morgan House that will create vibration or noise that may negatively affect it. The monitor shall be empowered to stop work if he/she feels the building is being detrimentally affected. The Community Development Director shall be consulted if work is stopped. Proof of retention of monitor shall be given to Community Development Director prior to issuance of demolition/grading permit. A written progress monitoring report shall be submitted to the Community Development Director each Monday for the preceding week's work. 83. A final report on the monitoring shall be prepared and submitted to the Community Development Department prior to the issuance of the Certificate of Occupancy for the project. I IC;HTING 84. Exterior lighting shall comply with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. No lighting shall be directed towards privately owned residential uses and freestanding lighting shall be limited to bollard or shielded and screened light fixtures not exceeding 10 feet above the site finish grade. Exterior lighting plan with photometric study and manufacturers cut sheets shall be approved by the Community Development Director prior to issuance of first building permit for project. FIRE DEPARTMENT 85. The Fire Department requires the listed fire protection measures be provided in accordance with the La Quinta City Municipal Code and/or the Riverside County Fire Department Fire Protection Standards. Final conditions will be addressed when \- . U?n City Council Resolution No. 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: complete buildings plans are reviewed. 86. Provide or show there exists a water system capable of delivering a fire flow 1500 gallons per minute for a two hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 87. Approved accessible on site fire hydrants shall be located not to exceed 330 feet apart in any direction as measured by an approved route around the complex, exterior of the facility or building, and no portion of a building further than 165 feet from a fire hydrant. Fire hydrants shall provide the required fire flow. 88. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 89. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority. 90. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. It should be 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 91. Access lanes will not have an up, or downgrade of more than 12%. Access will not be less than 20 feet in width and have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 92. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall prepare and submit to the Fire Department for approval; a site plan designating required fire lanes with appropriate lane printing and/or signs. 93. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access door to the building. If the buildings are protected with an alarm system, the lock box shall be 6673 City Council Resolution No. 2007-_ Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: required to have tampered monitoring. Required order forms and installation standards may be obtain at the Fire Department. 94. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. 95. Install a complete commercial fire sprinkler system (per NFPA 13 1999 Edition). Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project Structural Engineer to certify with a "wet signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The PIV and FCD shall be located to the front, within 25 to 50 feet of hydrant, and a minimum of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. A C-16 licensed contactor must submit plans, along with current $307.00 deposit based fee, to the Fire Department for review and approval prior to installation. Guideline handouts are available for the Fire Department. 96. Install an alarm monitoring system for fire sprinkler system(s) with 100 or more heads (20 or more in Group I, Division 1.1 and 1.2 occupancies). Valve monitoring, water - flow alarm and trouble signals shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station in accordance with 2001 CBC, Sec. 904.3.1 . An approved audible sprinkler flow alarm shall be provided on the exterior in an approved location and also in the interior in a normally occupied location. A C-10 licensed contractor must submit plans designed in accordance with NFPA 72, 1999 Edition, along with the current $192.00 deposit based fee, to the Fire Department for review and approval prior to installation. Guideline handouts are available from the Fire Department. 97. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. 98. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in UBC Table 3-D and 3-E. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount in the building. l' 4 City Council Resolution No. 2007- Conditions of Approval - Recommended Site Development Permit 2006-865 CNL Desert Resorts, LLP Adopted: 99. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2001 California Building Code. 100. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. 101 . Access shall be provided to all mechanical equipment located on the roof as required be the Mechanical Code. 102. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. Ref CIVIC 609.0 103. Gate(s) shall be automatic or manual operated. Install Knox key operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Plans must be submitted to the Fire Department for approval of mounting location/position and operating standards. Special forms are available from this office for ordering the Key Switch. Current plan check deposit based fee is $126.00. Contact the Fire Department for a guideline handout. 104. Nothing in our review shall be construed as encompassing structural integrity. Review of this plan does not authorize or approve any omission or deviation from all applicable regulations. Final approval is subject to field inspection. All questions regarding the meaning of the code requirements should be referred to Fire Department at 760-863-8886. 105. Fire Department access to the artificial "rock formations" is required from the west side of the SDP site. This access is to be provided through four of the remaining tennis courts per the attached exhibit "A". If an alternative access is found to be acceptable, it shall be reviewed by the Community Development Director and approved by the Fire Marshal. MISCELLANEO 106. If off -site improvements and/or modifications are required or necessary to implement this project, approval by the affected off -site property owners shall be provided to the Community Development and Public Works Directors prior to City approval of the improvement plan(s) upon which the off -site improvement or modification is (are) shown on. I,, A City Council Resolution 2007-_ __._:__ .' EXHIBIT W C t ' Conditions of Approval - Recommended Site Development Permit 2006-865 - - -- = - ----- - -- --' -"- _— CNL Desert Resorts, LLP Adopted: AVENIDA FERNANDO II � L ii - iI. ,r �— r µ` C) -o _-- i LI p� r 1C �1 1 p Wi I.. 9 : ': I l -_�,� a _ _ e � -fp. -zif < l_ i t LJ J LLL f. - - — - --- 1 J -I. L w -- _.� — � i �.. _ � � `�� --fie ��i- h {- I. •$ , � i �._� � Y I I �--i—.'. I +I + �.�� i-r � 0. - y t h� i lil _ ,_ ` ATTACHMENT 1 ERRATA TO ADDENDUM FOR THE LA QUINTA RESORT SIGNATURE POOL (Site Development Permit 2006-865) The Addendum previously identified the area to be redeveloped by the proposed uses included Site Development Permit Application 2006-865 as occupying a total area of 7.4-acres. Site Development Permit 2006-865 seeks to redevelop an area that encompasses a total of 4.7-acres. All references throughout the Addendum and five technical appendices of the Addendum to the Site Development Permit 2006-865 or "project site" boundaries refer to this 4.7-acre area, not 7.4-acres. i77 ATTACHMENT 4 La Quinta Resort & Club Signature Pool Project Description Introduction To effectively compete as a destination resort hotel in the region, the La Quinta Resort must continue to revitalize and enhance the ancillary facilities that serve its resort guests. It must also pursue new (and increasingly expected) recreational amenities that will appeal to a wider demographic group in the leisure market and thus increase guest room bookings on an annualized basis. The intent of the proposed project is to accomplish that objective by continuing to capitalize on the existing facilities at the Resort that have made it successful and by introducing new facilities that appeal to the growing family -oriented leisure and group market. La Quinta Resort - A Brief History Celebrating its, 801h anniversary this year, La Quinta Resort & Club, part of "The Waldorf --Astoria Collection," is a legendary resort destination that has reigned over the picturesque La Quinta area of the Coachella Valley with grace and charm since 1926. Nestled on 45-acres, this historic Hollywood hideaway is located in a spectacular setting among orange and lemon groves at the base of the majestic Santa Rosa Mountains. Guests enjoy 90 holes of championship golf on five legendary courses at the resort and at PGA WEST®; 23 tennis courts; the 23,000-square-foot Spa La Quinta®, 41 pools and 53 hot spas; exceptional cuisine at AZUR, TWENTY 6 and Adobe Grill and The Plaza — two stories of shops and restaurants surrounded by flowers, waterfalls and winding paths. The hotel employs approximately 1500 people from La Quinta and other Coachella Valley cities. Key events in the Resort's history include: 1926 Opened on December 26 with 20 casitas, lobby area and one restaurant. 1927 Added nine -hole golf course designed by golfer Norman Beth, the first course built in the Coachella Valley 1937 Added the first swimming pool to the Resort. 1940s Introduced the Tennis Club offering 30 courts with a choice of hard, grass and clay surfaces. Added an additional 56 guestrooms and additional swimming pools to the Resort. 1950s Added a private airstrip. 1957 Golf brought back to La Quinta via La Quinta Country Club. 1980 Created La Quinta Hotel Country Club offering two 18-hole golf courses. 1984 Between 1980 and 1984, added an additional 193 casitas and suites (269 casitas total) with swimming pools, the original Signature Pool, the Frank Capra Ballroom, and two suites (The Arzner Villa and The Eisenhower Villa). Additionally, PGA West was established. 1987 La Quinta Hotel Golf opened its third 18-hole course, making a total of 54 holes of championship golf. 1988 La Quinta Resort and Club added 371 casitas and swimming pools (for a total of 640 casitas) along with the 17,000 square foot Salon de Fiesta Ballroom, the retail area (The Plaza) and two restaurants (Morgan's and Adobe Grill). This gave the resort the ability to market to larger groups and introduced the retail venue prevalent at many up- scale resorts. 1994 Added the Flores Ballroom to the Resort, expanding its ability to attract group business. 1998 Created the 23,000 square foot Spa La Quinta, Along with the Spa, added the Spa Villas bringing guestroom total to above 800 guestrooms. 2007 Proposed Signature Pool expansion. Although La Quinta Resort & Club started out as an exclusive hideaway, it has become much more. Over the span of 80 years, the resort has added the services and amenities in order to elevate its presence in the market place and continue to serve its members and guests with great care and distinction. In the early eighties, golf was established as a more significant resort amenity. The late eighties brought the addition of restaurants, retail and market competitive meeting space. The early nineties expanded the meeting space significantly. In the late nineties, the Spa was added following trend of upscale resorts to offer this service. La Quints Resort & Club Signature Pool Project Page 2 of S` 6 O n Current Market Conditions La Quinta Resort & Club's local competitive set of resorts and its regional competition from Los Angeles, San Diego, Phoenix and Scottsdale have gone through extensive renovations by adding new guestrooms, ballrooms, golf courses, restaurants and most recently dynamic and feature -rich pools. These new features including wading pools, sandy pool beaches, shallow toddler pools, lazy rivers and enclosed body slides, cater to both families and group guests with families. These contemporary pool products are revitalizing the resort hotel market by giving the guests a new way to connect with family, friends and colleagues. The addition of this type of amenity has a positive impact on the financial success of the resorts by attracting more guests for longer stays at a higher average room rate. Most importantly, this type of amenity extends demand into the traditionally poor occupancy periods of late spring, summer and early fall. Many of La Quinta Resort & Club's competitors have this type of amenity already. In addition, others are undergoing extensive renovations of their properties and several new competitors will enter the market in the near future: Existing Regional Competition • Point of South Mountain Resort — Three water slides, lazy river, wave pool with sandy bottom and children's area with waterjets that keep kids busy on the water spray deck. • The Phoenician (Scottsdale) — Nine swimming pools, including children's pools with cabanas. Additional water features include the 165-foot water slide, sunset and desert spas, Necklace Lake, lagoons, waterfalls and fountains. • The Fairmont Scottsdale Princess — Sonoran Splash! - A water recreation area with two , water slides (186 ft. and 199 ft. long). The pool also has an entry deck area, ideal for toddlers to splash and enjoy the water. • Arizona Biltmore Resort & Spa —A 92-foot waterslide and swim -up bar. • River Ranch at Pointe Hilton Squaw Peak Resort - A lazy river, spacious sports pools spare room for water volleyball games. • Westin Kierland Resort and Spa — A 110-foot water slide, 900-foot lazy river, a sandy beach, along with the volleyball court. • Hyatt Regency Scottsdale Resort & Spa at Gainey Ranch — Unique, 2.5-acre "water playground" consisting of ten swimming pools, three-story water slide, sand beach, whirlpool spa, cold plunges and two poolside bars. Existing Local Competition • Westin Mission Hills Resort — Free -form pool has a 60-foot waterslide and two spas. • Hyatt Grand Champion Resort —Two large serpentine pools, a 60ft. spiral water slide, toddler size wading pool and huge splash fountain. • Rancho Las Palmas Resort & Spa — Children's pool and water slide, plus a whirlpool and spa pool. New Competition • The Lodge at Rancho Mirage - New management company — The Ritz -Carlton Hotel Company, L.L.C. • Rancho Las Palmas - New owners/management company — KSL Resort, Inc. • Silverrock Resort • Hard Rock Resort • Fairmont Resort • Remington Las Montanas Resort Hotel & Spa With the inevitability of increasing competition, it is imperative that La Quinta Resort & Club add this expected amenity to retain our prominent position in the desert. La Quints Resort & Club Signature Pool Project Page 3 of 5 q j Project Description Proposed Facilities A new signature pool facility is proposed for La Quinta Resort & Club. This facility will replace a portion of the existing tennis courts and the main hotel swimming pool, located on the western portion of the property. The proposed improvements would include: an arrival plaza at an entry building, a new formal swimming pool and heated spa (pool) with ten adjacent cabanas, two or three water slides that will be contained within the landscaped mountain feature, a wave pool with a video projection screen, a splash -down pool, a lazy river (which passes through a canyon), and a toddler pool with a nearby pop jet fountain and play structure for youngsters. A small enclosed game (arcade) room would be provided as well as a lounge terrace, a loggia, storage area, wood decks, paths, extensive landscaping and decorative plantings. The entire area would be enclosed within a gated pool enclosure fence that would allow emergency vehicle access. The project would replace ten of the existing tennis courts (including the existing tennis exhibit court), a restroom building, the current main resort swimming pool and the existing kid's platy area. The existing bar/restaurant, tennis/fitness clubhouse, and the Morgan House would remain on -site. The proposed modifications would not alter any of the hotel rooms or change the existing off-street parking supply. Although the number of parking spaces is expected to remain essentially unchanged, some parking spaces may need to be relocated, to accommodate the gated entry improvements required along Avenida Obregon. Proposed Days and Hours of Operation The proposed La Quinta Resort and Club water feature amenity would be open daily from 10:00 AM to 6:00 PM from approximately Memorial Day through Labor Day. In addition, the water feature would be open from Christmas through New Year's Day, on Presidents' Day, through the Spring Break period, and one week each November which includes Thanksgiving Day. Currently, it is also planned to be open on each weekend through the entire year. Other Activities: In 2005 the Signature Pool, Restaurant and Stadium Court areas had 160 events (receptions, dinners and meetings), generated 15,500 covers and over $1 M in Food and Beverage Revenue. This project's deck areas will also be used for those functions. It is not anticipated that these private events will increase dramatically. Most of this business is related to the group customer. This project will primarily attract a high -end transient guest traveling with family, friends and extended families. Public Address or Music: A public address / music system will be used. However, this system will utilize in ground speakers (as opposed to the elevated pole mounted speakers currently utilized) enabling the amplified sound impact to be reduced from what exists currently. Proposed Staffing A total of 48 people (FTE) will be employed supporting the expanded pool facility. The staff load is currently estimated to require 19 lifeguards, 8 pool attendants, 15 servers/bartenders. 1 manager, 2 assistant managers and 3 dedicated engineering/maintenance workers. Private versus Public Recreation Facilities The proposed water feature is designed to be a private ancillary recreational amenity for use by guests of the La Quinta Resort. The proposed water feature will not be open to the general public. Use of the water feature would be limited to hotel guests staying at the La Quinta Resort & Club and the individuals belonging to La Quinta Club Membership Program. Unlike the existing tennis and exercise facilities, member's guests will not be permitted to use the pool facilities. This facility will not be available for use by guests of any other hotel. La Quinta Resort & Club Signature Pool Project Page 4 of 5 1 �+ Market Focus The La Quinta Resort & Club appeals primarily to business travelers, conference attendees, and mature leisure travelers who appreciate the adult focused amenities of the resort. This project would promote a more balanced customer mix of business travelers and leisure guests, groups, families, and individuals. Families tend to book vacations during the months when schools are not in session (the off season at the La Quinta Resort), whereas individual business travelers typically book rooms on weekdays. In the peak season (January through April) the hotel occupancy is relatively high, with a monthly average of approximately 75 percent, and the resort often achieves full occupancy on the weekends. However, the average monthly occupancy rate in the off season is substantially lower (48 percent) indicating a need to appeal to a wider demographic in the leisure market. The provision of this new water feature on -site will improve the hotel occupancy, particularly in the summer months. The proposed change in the ancillary recreational amenities would allow the La Quinta Resort to make more consistent year-round use of its existing entitlements. La Quinta Resort and Club Memberships Club memberships permit non -hotel guests to access the resort fitness facilities and participate in an array of programs and activities including: golf practice facilities, use of three clubhouses, tennis privileges, and concierge services. Club members are also entitled to preferred pricing on all resort golf courses, at all resort restaurants, on rooms for guests and family, and at the Spa La Quinta. Although the tennis and fitness facilities are primarily utilized by hotel guests, they are also available to non -hotel guest users through the Club Membership Program. The proposed water features will be predominantly used by hotel guests, but will also be made available to non -hotel guests through the Club Membership Program. n La Quinta Resort & Club Signature Pool Project Page 5 of 5 0 J �ECCHED FEB 13 2007 CI fY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT #5 Endo Engineering Traffic Engineering Air Quality Studies Noise Assessments February 12, 2007 Mr. Doug Evans Planning Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Subject: La Quinta Resort & Club Current Traffic Volumes and Parking Conditions Endo Engineering has been asked to document current peak season 24-hour traffic volumes and parking conditions on a peak occupancy day at the La Quinta Resort & Club. As a result, Counts Unlimited, Inc. was retained to make 24-hour machine traffic counts on Friday, February 9, 2007 along Avenida Fernando, Avenida Obregon, and the main resort entrance drive and conduct a visual parking accumulation survey on -site between 10:00 AM and 10:00 PM. The parking survey included the 1,005 parking spaces available within the La Quinta Resort & Club site, but did not include the remote employee parking lot on Calle Tampico. Current Peak Season Traffic Volumes Figure 1, shows the daily traffic volumes for a peak season weekday when the resort had 70 percent of the 800 rooms occupied and two events scheduled in the ballroom for 300 people throughout the day. As shown therein, a total of 5,077 daily motor vehicle trips were generated by the resort on February 9, 2007, of which 381 occurred during the peak hour (between 5:00 PM and 6:00 PM). A total of 2,897 vehicles per day utilized Avenida Fernando (west of Eisenhower Drive) to access the resort. A total of 2,180 vehicles per day utilized the main resort driveway, south of Avenida Fernando, to access the resort. Both of the access roadways are currently operating at a fraction of their total daily capacity. Based upon the La Quinta Resort Hotel bookings from the year 2005 and 2006, the highest average hotel occupancy occurs during the months of February and March. With a total of 800 hotel rooms, a 70 percent occupancy at the La Quinta Hotel would mean that 560 of the rooms were occupied during the traffic count interval. The hotel check-out time is 10:00 AM and the check -in time is 11:00 AM. Based upon the TTE average trip generation rates for hotels (Land Use Code 310), 560 occupied hotel rooms would be expected to generate 5,000 daily trips, with 392 trips in the evening peak hour. This appears to be consistent with the 5,077 daily trips and 381 peak hour trips identified at the La Quinta Resort & Club with the traffic counts. 28811 Woodcock Drive, Laguna Niguel, CA 92677-1330 Phone: (949) 362-0020 FAX: (949) 362-0015 0�4 C 0 N L r C 0 Q � yU 7 (C � do' iE Y COcm 4) i U Eisenhower In A III le it in 0 m U d - - W.U. Q cr c t0 O N J N F.77 ma 0 0 IL S e ° Q g vy m ca a y $ a o W � . V Calle Mazatlan ) Y South Eisenhower 50 Spaces .North Eisenhower 120 Spaces i t ---- U 41 N � CO Q CO N T d CL 7 Q. t� =3 LL U) 0) C Y i CO d n o� N C p� 0 �O IL �a o 20 w C LL �3 C c 00 a 0 u V C r, O U. _tm E C Y O LL L L L m ym of c 0 C � O� C Om y n. V 10O O ar% J 0 O O O O O O O O O O M 00 n t0 In V M N .ti paidnoao 6u131-led OMS-up JO au03-10d C 01, E F N m 2 a 0 0 0 2 IL 0 0 6 2 a. O O V 2 a 0 0 N (O N It(07 N O O vosaa ejuina e-1 le so3eds Gupped paidnoap;o jagwnN d L= 633 Current Parking Conditions On -Site Counts Unlimited, Inc. conducted a visual survey of the parking spaces at the La Quinta Resort on February 9, 2007 from 10:00 AM until 10:00 PM to determine the location of the parking lots being used the most by the resort guests, the portion of the parking supply being utilized, and how the parking demand changed through the day. A total of 1,005 parking spaces were identified on -site, as shown in Figure 2. An additional 230 employee parking spaces are available in a remote parking lot adjacent to Calle Tampico which are accessed by resort shuttle. The overall parking demand observed at the La Quinta Resort was found to be highest at 10:00 AM with a steady decrease through the day, as shown in Figure 3. The number of occupied spaces on -site ranged from a high of 52 percent to a low of 37 percent, at 8:00 PM. A minimum of 48 percent of the total on -site parking supply was available at all times during the parking survey. The demand for parking space was highest in the vicinity of parking generators such as the Spa, the Las Flores ballroom, and the restaurants, as shown in Figure 4. Activities in these areas create localized parking demands that are higher than the average demand throughout the resort. During the period immediately before checkout, the parking lot near the Las Flores Ballroom was observed to be approximately 95 percent full. However, under-utilized parking areas were, located within 200 to 300 feet. Similarly, the parking spaces in the immediate vicinity of the spa were full during the morning and early afternoon and the nearest available parking spaces were located within 200 to 300 feet. At the northern end of Avenida Obregon, less than one-half of the available parking spaces were occupied at any time during the day. The areas with many available parking spaces throughout the day were located primarily along the periphery of the resort. The two parking lots along Eisenhower Drive and the parking lot serving the Spa Villas were typically less than 25 percent full. The parking provided along Los Arboles appeared appropriate for the area, with the supply just exceeding the demand throughout the survey period. Although there were no vehicles that obstructed the flow of traffic along the site access streets, there were some illegally parked vehicles observed in front of the La Quinta Spa. One vehicle was parked for an extended period of time adjacent to a handicapped space in the blue striped no -parking area. Two other vehicles were parked along the red curb, opposite the entrance to the La Quinta Spa. Available parking spaces were consistently observed within 200 to 300 feet of the illegally parked vehicles. Summary of Findings The La Quinta Resort access roads are operating well within their traffic capacities. No significant points of congestion along the access roads were observed. The trip generation for the site appears to be very consistent with that predicted with the ITE trip generation rates for hotels. The highest overall parking demand observed was 52 percent of the available on -site parking supply. Localized areas of high parking demand were observed in the main parking area (near the Los Flores Ballroom) and around the La Quinta Spa. There were parking lots with available parking spaces located within 200 to 300 feet of the areas with the highest parking demand. The parking demand appeared highest during the morning, before check-out. The parking demand slowly diminished through the day until only 37 to 38 percent of the parking spaces were occupied after 8 PM. During the hours of operation of the proposed water feature, the parking demand observed along Avenida Obregon was less than 50 percent of the 33-space parking supply in the immediate vicinity. The on -site parking supply appears to be sufficient to meet the parking demand generated by the La Quinta Resort & Club. We trust that this supplemental information assists the City in their review of the potential traffic and parking implications of the proposed modifications at the La Quinta Resort & Club. Should questions or comments arise regarding the findings and recommendations herein, please do not hesitate to contact our offices. We look forward to discussing our findings and conclusions with you. Cordially, ENDO ENGINEERING Gregory Endo Principal Vicki Lee Endo, P.E. Registered Professional Traffic Engineer TR 1161 Attachment — Traffic Count Data Counts Unlimtied, Inc. Page 1 25424 Jaclyn Avenue Moreno Valley, CA 92557 City of La Quints (951) 247-6716 LQOBSFE Avenida Obregon Site Code: 009068 S/ Avenida Femando Date Start: 09-Feb-07 24 Hour Directional Volume Count Date End: 09-Feb-07 Start 0907eb- Northbound Hour Totals Southbound Hour Totals Combined Totals Tim. Fri t,An Aft., AAn Aft AAn Awe... •An ewe— AA.. nw.......,._ 12:00 0 12 2 16 12:15 3 14 2 17 12:30 1 20 0 22 12:45 0 15 4 61 2 15 6 70 10 131 01:00 0 10 1 19 01:15 0 10 1 7 01:30 3 8 2 15 01:45 1 12 4 40 0 15 4 56 8 96 02:00 0 16 0 10 02:15 0 13 0 9 02:30 0 11 0 26 02:45 0 11 0 51 0 12 0 57 0 108 03:00 0 14 0 9 03:15 0 20 0 19 03:30 0 13 0 16 03:45 0 16 0 63 1 12 1 56 1 119 04:00 1 15 1 7 04:15 1 18 0 11 04:30 1 10 0 25 04:45 0 - 13 3 56 1 10 2 53 5 109 05:00 0 12 0 12 05:15 2 15 0 13 05:30 0 12 0 17 05:45 0 11 2 50 1 21 1 63 3 113 06:00 1 16 3 11 06:15 3 14 2 5 06:30 4 11 4 7 06:45 6 7 14 48 3 6 12 29 26 77 07:00 6 8 3 4 07:15 10 7 8 4 07:30 11 6 11 5 07:45 8 3 35 24 9 8 31 21 66 45 08:00 2 6 7 11 08:15 10 2 14 7 08:30 14 7 21 2 08:45 16 1 42 16 34 3 76 23 118 39 09:00 8 4 10 10 09:15 12 7 6 8 09:30 10 2 14 7 09:45 9 2 39 15 14 7 44 32 83 47 10:00 11 4 11 8 10:15 12 9 15 7 10:30 18 2 9 6 10:45 15 2 56 17 5 8 40 29 96 46 11:00 18 3 8 5 11:15 18 3 14 1 11:30 15 1 5 2 11:45 9 0 60 7 8 2 35 10 95 17 l otal 259 446 259 448 252 499 Combined Total 707 707 751 -AM Peak 10:30 08:15 Vol. 69 79 P.H.F. 0.958 0.581 PM Peak 03:15 00:15 Vol. 64 73 P.H.F. 0.800 0.702 Percentag 36.6% 63.4% 33.6% 66.4% e ADT/AAD T ADT 1,458 AADT 1,458 252 499 511 947 751 1458 Counts Unlimtied, Inc. 25424 Jaclyn Avenue Moreno Valley, CA 92557 Page 1 City of La Quinta (951) 247-6716 LQMEWEI La Quints Hotel Main Entrance Site Code: 009068 WI Eisenhower Drive Date Start: 09-Feb-07 24 Hour Directional Volume Count _ Date End: 09-Feb-07 Start 09--Fe b- Eastbound Hour Totals Westbound Hour Totals Combined Totals Timor Fri RAnrri.rt Aft.AAn ewnm AA.. ewe... ��,, nor.........., u,....:..,. 12:00 1 30 1 16 12:15 4 13 1 17 12:30 0 9 1 19 12:45 1 12 6 64 2 14 5 66 11 130 01:00 4 17 2 16 01:15 0 12 1 13 01:30 1 15 1 14 01:45 5 12 10 56 2 16 6 59 16 115 02:00 1 17 2 19 02:15 1 11 0 14 02:30 2 21 1 27 02:45 1 14 5 63 2 24 5 84 10 147 03:00 1 15 3 8 03:15 0 5 4 17 03:30 1 17 5 21 03:45 3 15 5 52 1 15 13 61 18 113 04:00 2 14 5 16 04:15 5 6 4 22 04:30 6 15 6 18 04:45 5 - 19 18 54 6 21 21 77 39 131 05:00 2 19 1 24 05:15 4 21 3 26 05:30 5 16 3 30 05:45 2 21 13 77 7 24 14 104 27 181 06:00 5 18 7 22 06:15 2 20 14 20 06:30 5 25 6 15 06:45 9 24 21 87 5 19 32 76 53 163 07:00 3 22 11 11 07:15 9 35 3 13 07:30 7 20 17 13 07:45 11 16 30 93 19 22 50 59 80 152 08:00 12 20 16 6 08:15 17 7 12 13 08:30 13 8 13 8 08:45 10 12 52 47 11 14 52 41 104 88 09:00 11 18 21 11 09:15 16 19 6 16 09:30 15 22 20 21 09:45 15 9 57 68 12 16 59 64 116 132 10:00 15 13 14 9 10:15 16 9 7 14 10:30 19 8 20 6 10:45 16 10 66 40 15 6 56 35 122 75 11:00 13 7 11 5 11:15 19 6 12 4 11:30 20 4 20 5 11:45 12 4 64 21 14 1 57 15 121 36 Total 347 722 Combined Total 1069 AM Peak 10:45 Vol. 68 P.H.F. 0.850 PM Peak 06:30 Vol. 106 P.H.F. 0.757 347 722 1069 370 741 1111 07:30 64 0.762 05:00 104 0.867 Percentag 32.5% 67.5% 33.3% 66.7% e ADT/AAD ADT 2,180 AADT 2,180 T 370 741 717 1463 1111 2180 Counts Unlimtied, Inc. Page 1 25424 Jadyn Avenue Moreno Valley, CA 92557 City of La Quinta (951) 247-6716 LQFEWEI Avenida Fernando Site Code: 009068 W/ Eisenhower Drive Date Start: 09-Feb-07 24 Hour Directional Volume Count Date End: 09-Feb-07 Start 0 07eb- Eastbound Hour Totals Westbound Hour Totals Combined Totals Tim. Fri AMmie.. eeumn.... u.....:.... n----__ •._�.__ .`_____ ..__`__ .. 12:00 3 27 6 27 12:15 2 33 0 29 12:30 2 41 3 33 12:45 4 29 11 130 1 37 10 126 21 256 01:00 1 30 3 36 01:15 3 28 1 31 01:30 3 27 2 38 01:45 1 22 8 107 2 27 8 132 16 239 02:00 6 30 2 28 02:15 1 27 0 29 02:30 3 34 1 36 0245 1 31 11 122 3 30 6 123 17 245 03:00 1 36 2 28 03:15 2 40 3 34 03:30 1 34 3 31 03:45 3 35 7 145 1 31 9 124 16 269 04:00 4 33 5 27 04:15 1 24 6. 34 04:30 3 42 5 26 04:45 5 - 37 13 136 6 31 22 118 35 254 05:00 1 50 10 25 05:15 4 50 6 23 05:30 10 47 13 36 05:45 10 32 25 179 17 26 46 110 71 289 06:00 8 28 15 23 06:15 7 28 6 20 06:30 6 14 13 8 06:45 8 23 29 93 13 25 47 76 76 169 07:00 16 20 20 11 07:15 26 23 33 17 07:30 15 14 41 10 07:45 17 7 74 64 54 14 148 52 222 116 08:00 23 10 38 10 08:15 23 11 42 13 08:30 32 13 55 14 08:45 17 8 95 42 59 11 194 48 289 90 09:00 18 8 24 15 09:15 33 15 19 9 09:30 33 13 32 22 09:45 26 12 110 48 40 18 115 64 225 112 10:00 32 17 21 17 10:15 32 16 26 16 10:30 32 13 28 12 10:45 37 9 133 55 30 14 105 59 238 114 11:00 40 14 27 6 11A5 40 9 31 5 11:30 44 2 25 5 11:45 27 6 151 31 22 1 105 17 256 48 i Dial bb/ 1152 667 1152 815 1649 Combined Total 1819 1819 1864 -AM Peak 10:45 08:00 Vol. 161 194 P.H.F. 0.915 0.822 PM Peak 04:45 00:45 Vol. 184 142 P.H.F. 0.920 0.934 Percentag 36.7% 63.3% 43.7% 56.3% e ADT/AAD T ADT 3,683 AADT 3,683 815 1049 1482 2201 1864 3683 693 Counts Unlimtied, Inc. Page 1 25424 Jaclyn Avenue Moreno Valley, CA 92557 City of La Quinta (951) 247-6716 LQFEEOB Avenida Fernando Site Code: 009068 E/ Avenida Obregon Date Start: 09-Feb-07 24 Hour Directional Volume Count Date End: 09-Feb-07 Start 0 07eb- Eastbound Hour Totals Westbound Hour Totals Combined Totals Tim Fd KA- nw,.-......- 12:00 2 __...__. 17 ...___.. ...._ ......... ........... 1 .....,......... 21 ,.,v,..... ml1IvVlI rvfuunn rviemuun 12:15 1 26 3 34 12:30 1 25 0 25 12:45 3 36 7 104 1 22 5 102 12 206 01:00 0 21 1 27 01:15 0 26 1 24 01:30 0 11 0 20 01:45 0 24 0 82 1 17 3 88 3 170 02:00 0 21 0 17 02:15 0 22 1 22 02:30 0 23 0 35 02:45 0 25 0 91 0 20 1 94 1 185 03:00 0 20 0 17 03:15 0 38 0 40 03:30 0 28 0 18 03:45 0 24 0 110 0 22 0 97 0 207 04:00 0 30 0 16 04:15 0 23 2 19 04:30 1 23 1 26 04:45 2 - 20 3 96 1 17 4 78 7 174 05:00 2 24 0 18 05:15 7 25 1 17 05:30 0 22 1 21 05:45 1 16 10 87 0 23 2 79 12 166 06:00 2 23 0 21 06:15 1 19 1 10 06:30 3 17 4 8 06:45 6 12 12 71 8 10 13 49 25 120 07:00 7 14 2 7 07:15 4 12 5 9 07:30 10 6 7 6 07:45 15 7 36 39 15 8 29 30 65 69 08:00 12 10 13 12 08:15 16 5 18 9 08:30 21 8 11 9 08:45 18 3 67 26 29 7 71 37 138 63 09:00 16 5 16 10 09:15 18 7 12 13 09:30 25 2 18 13 09:45 21 5 80 19 17 13 63 49 143 68 10:00 29 8 15 12 10:15 18 13 22 8 10:30 23 5 9 7 10:45 23 5 93 31 20 10 66 37 159 68 11:00 34 4 13 3 11:15 27 2 18 2 11:30 30 1 11 1 11:45 21 1 112 8 13 2 55 8 167 16 vw 4c0 104 4Lu fb4 312 146 Combined Total 1184 1184 1060 AM Peak 10:45 08:45 Vol. 114 75 P.H.F. 0.838 0.647 PM Peak 03:15 02:30 Vol. 120 112 P.H.F. 0.789 0.700 Percenta 35.5% 64.5% 29.4% 70.6% e ADTIAAD T ADT 2,244 AADT 2,244 312 748 732 1512 1060 2244 ATTACHMENT #6 1 lkau , RESORT & CLUB January 11,2007 City of La Quinta Planning Board Dear Mr. Evans: It has come to our attention that some members of the planning Board are of the opinion that the addition of the Signature Pool at La Quinta will create more membership demand at that resort. We have reached a different conclusion based on membership demographics and general use patterns over the past several years. Typically, the Citrus members use the resort for tennis and fitness. With the reduction of the number of courts from 23 to 13, it is very likely that there will be fewer members coming to the resort to play tennis. The fitness facilities will not be expanded. so we anticipate that there will be no additional membership demand to use these facilities. As a general rule, Citrus members make very minimal use of the existing pool. The primary users of the pool are hotel guests. Additionally, Citrus club usage of the new Signature Pool is limited to members only. Membership is defined as a Member, his or her spouse and their unmarried children, under the age of 23 who are living at home, attending school on a full-time basis or in the military. Our current records indicate that 70% of Citrus members are over the age of 50 (with 30% over the age of 61). Less than 20% orall members have children under the age of 23 with the majority these being Young adults. Therefore, with the activities of the Signature pool targeted towards younger children, we believe that the children of the Club members will have a nominal affect on the usage of the Pool. For these reasons and those articulated in previous meetings, we continue to believe that the Signature Pool will drive resort occupancy, but not create any further member usage of the resort. Should you have questions or need additional infortuation, please let us know. I N le President and General Manager Quinta Resort and Club 49-499 Ei crdlo cr Drive, LA Quincy Gililurnia 93253 r www.laquiunnsu .enm Tel 7641.564. i 111 An 760.561.571H �' b J a ATTACHMENT NO. 7 IS AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE I ATTACHMENT 8 Veneklasen Associates Consuftoms in ..Acoustics & Audio -Visual design February 15, 2007 CNL Hotels & Resorts, LLC CNL Center 11 at City Commons 420 South Orange Avenue, Suite 700 Orlando, Florida 32801-3313 Attention: Mr. Doug Evans, City Planning Director Subject: La Quinta Resort Pool Area Modification Response to Guraluick and Gilliland's letter dated 2/12/2007 and Wieland Associates 2/12/2007 Letter David Veneklasen Associates has had a chance to review section 3 of the letter from Guralnick and Gilliland. There are several points that appear to be misinterpretations of Veneklasen Associates acoustical report that may perhaps benefit from additional explanation. As you are aware Veneklasen Associates performed their analysis, prior to several noise reduction measures aereed to by the CNL Hotels & Resorts, including providing selected areas of solid acoustical walls near the tennis and spa villas, enclosing all of the slides, splitting the rock formation in two, and removing the top of the north rock formation nearest the North Tennis Villas, blocking access of occupants on the top of the north rock formation, lowering the elevation of the Lazy River and the addition of a hidden solid sound barrier at the top of the south rock formation slide entrance area. All of these additional measures are expected to further reduce noise levels below the levels shown in VA's January 8, 2007 analysis. As indicated in our report, Veneklasen Associates used sound pressure levels from previous projects of active children on a playground. The noise levels reported in Table 4 were desenbed as `Child Slightly Elevated Voice. This was an attempt to summarize, in a shorthand phrase, the used sound power level already described in the paragraph above the table. The noise levels used by VA in Table 4 were measurements from children on school playgrounds in the process of excited play. Those familiar with school playgrounds know that standard noise events at a schoolyard would include "frequent children's screaming, yelling and typical playtime voice content at elevated levels". In fact, VA assumed that at the noise source, 25% of the children would all be vocally active including screaming and yelling nonstop for one hour at an 81 dBA sound power level. For comparison purposes adult voice has a sound power level of approximately 67 dBA in a normal setting. It is important to note that VA's analysts compares existing typical conditions with expected maximum occupancy conditions in the future Pool Area. VA understands the SDP site is currently zoned for and holds parties, and other events such as movie nights by the existing Formal Pool and the Stadium Court. The Guralnick and Gilliland letter goes on to report that "it is inconceivable that the water park, when used at anywhere near capacity, will not significantly increase noise levels." Yet there does not appear to be any acoustical study that allowed this conclusion to be developed. Rather the Guralnick and Gilliland letter merely attaches a letter from Wieland Associates, critiquing VA's acoustical study, Wieland Associates did not prepare any independent study of its own. As requested, VA has the following clarifications and rebuttal comments regarding the concerns addressed in Wieland Associates review of our report. 1711 Sixteenth Street • Santa Monica California 90404 • tel: 310.450.1733 •fax- 310.396.3424 • www veneflas)ojcom Veneklasen associates Mr. Doug Evans — February 15, 2007 Page 2 l . Section 4.0, page 4. The text states that the Children's Play area has been excluded from the study because the functions won't change from the area's current use. However, the area should have been analyzed because (a) it's an entirely new use; (b) it's in a new location; (c) it's specifically designed for the use of children, who are typically noisier than adults. VA's response: VA was informed that the Children's Play area is currently zoned and used as a Children's Play area with the same functions as proposed for this area. A site visit confirmed VA's assumption is accurate and Wieland Associates' contrary assertion of current non-use by children is inaccurate. 2. Section 4, page 4. The text does not identify other noise sources that should have been considered, including the new outdoor dining terraces, game room and arrival plaza. The text also does not state whether there will be a public address or outdoor music system in the area. VA's response: The identified uses are already existing uses. No additional outdoor sound system beyond what is already existing has been identified to VA as a new addition to this project. Section 5, page 4. The text states that the City's noise standard applies a 5 dB penalty for noise that "consists entirely of impact noise, simple tone noise, speech or music, or any combination thereof." The text goes on to state that this penalty does not apply to the project because the noise is not entirely speech (since mechanical equipment has been considered). However, this is disingenuous since the analysis clearly indicates in Table 7 that the noise from pool activities (i.e. speech) is so dominant that mechanical equipment noise can be dismissed. Therefore, the 5 dB penalty should be applied to the project, resulting in a daytime standard of 55 dB(A) at the residential property lines. VA's response: The analysis was a worst case scenario which assumed a constant level of voices (i.e. children screaming) for a period of one hour. In actuality the noise sources would create a time varying noise signature which would dove tail into the City's Noise Ordinance section on time varying standards as stated in Section C of 9.10.200. The analysis and projected noise sources do not meet the intent of Section B and does not entirely consist of impact, tonal, speech, music or a combination of these qualities therefore the 5 dB penalty does not apply. 4. Section 6.1, page 5. The analysis of maximum occupancy isn't clear. The assumed maximum occupancy of 1,100 people is about half of the stated design load of the Signature Pool project (i.e. 1,390 bathers + 793 lounge chairs = design load of 2,183). VA's response: Occupancy was defined by the Hotel management as described in the report. 5. Section 6.1, page 5. It isn't clear why Veneklasen Associates had to assume occupancy percentages for the Active Pool area and Children's Pool area when CNL Hotels & Resorts was able to provide the same information for the Formal Pool Area. Have these percentages been verified by CNL Hotels & Resorts? VA's response: VA's report addressed occupant loading for different locations and usage within the pool area to estimate the potential noise source locations. Again occupant levels were defined by the hotel operator. wwwmenek{scn.co, 9 Veneklasen Assaciates Cansiikanu +n Aeoest7cs & Audic-Y�stici Des�gc Mr. Doug Evans — February 15, 2007 Page 3 6. Section 6.1, page 5. What is the Active Pool Area? Assuming this refers to the combined Splash Down Pool area, Lazy River and Wave Pool area, how is the assumed occupancy percentage of 53% divided among these three uses? VA's response: The sound power level of the total vocal content was placed at or near the center of the total area of usage. 7. Section 6.1, page 5. What is the basis for assuming that only 50% of the occupants in the Active Pool area will be children? A higher percentage would seem to be more appropriate since the areas would seem to be specifically designed to entertain children. VA's response: The reference to "percentage of active voices" refers to the number of occupants that were assumed to be talking, yelling or screaming over the period of an hour in each pool area. 8. Section 6.1., page 6. The text states an assumption that 25% of the adults will be speaking at a conversational level. What is assumed for the remaining 75%? It would appear from the analysis that it is assumed that these adults will not be making any noise. VA's response: The scenario assumed that 25% of the total adults would be talking at one time. It is highly improbable that more than 25% of the occupants would be conversing at elevated voices for an entire hour. Normal low levels of conversation were not significant. Section 6.1, page 6. The text states an assumption that 50% of the children will be speaking at a slightly elevated level. What is assumed for the remaining 50%? It would appear from the analysis that it is assumed that these children will not be making any noise. What assumptions have been made about the percentage of children shrieking and shouting, as typically occurs in such an environment? VA's response: The sound power level was derived from making measurements of children on a playground (including yelling and screaming). The activities with respect to sound on an active playground are expected to be similar to the pool areas. It is improbable that more than 25% of the children will be continuously vocal as described above at a sound power level of 81 dBA. This is a very extreme and improbable and worst case assumption. 10. Section 7.09, page 6. In Table 1, it isn't clear why ambient Leq' noise levels are presented. The City's standards are not presented in terms of Leq, but in terms of L2, L8, L25, L50 and Lmax noise levels. These should have been presented in the table, not Leq. VA's response: Analysis of L50 and Leq for the sound levels used for the analysis indicated that they were equal. Using the descriptor of Leq allowed permitted calculation of the total equivalent power of the time varying voice content. 11. Section 7.0, page 6. The purpose of ambient noise measurement positions 02 and 03 isn't clear. Both are in the middle of existing tennis court areas. Why were no ambient measurements obtained at the nearest residences south of the Splash Down Pool area, and east of the project site across Avenida Obregon? VA's response: At the time of the measurements areas of easiest access that allowed for a sampling over the entire project site were used. Each measurement was consistent and indicated that the entire area was not dominated by a single source, but was derived from multiple sound sources at distant locations. 171 I Sixteenth Street • Santa Monxa California 90404 • tel: 310.450.1733 fax: 310.396.3424 • www.veneklasen.com Veneklasen Associates Mr. Doug Evans — February 15, 2007 Page 4 12. Section 7.0, page 6. There does not appear to be any basis for assuming that the ambient noise level measured at Location 1 in Figure 1 is applicable to Location 3 in Figure 2. Nor does there appear to be any basis for assuming that this application is more stringent since the Ln values necessary to make such an assumption have not been provided. VA's response: See response to item 11 above. 13. Section 7.0, page 6. No data sheets have been provided to identify the measurement data, equipment and procedures. VA's response: Data, equipment and procedures are described in Section 7.0 page 6 Table of SLMs. 14. Section 8.0, page 7. No parameters or calculations have been provided to verify the analysis of mechanical equipment and procedures. VA's response: Sufficient information has been provided to allow a qualified acoustical consultant to follow the noise levels used and the calculation methods. Appendix I lists all of the mechanical equipment data. Sound power calculations were made for the total sound power level within the enclosed mechanical rooms using standard procedures. The sound power for the equipment rooms were calculated to the louver location and then used in the computer model for impact analysis. 15. Section 8.0, page 7, The ISO 9613 standard is only applicable to the analysts of outdoor noise sources. What methodology was used to estimate noise levels from the mechanical equipment housed in structures? Noise from inside structures can propagate to the nearby residential communities through vents, doors and other openings. VA's response: Refer to item 14 above. 16. Section 8.0, page 7. Table 2 presents calculations and assesses impacts relative to the Leq noise metric. As stated in Comment k9, Leq is not relevant to the City's noise ordinance standards. VA's response: Analysis of the Ln measured for the occupant noise sources indicates that the L,s and L50 were statistically equal (see 10 above). 17. Section 8.1, page 7. No parameters or calculations have been provided to verify the analysis of operational noise levels. VA's response: The VA report is a summary of the analysis indicating the values used, the general calculation methods used, and the expected results. 18. Section 8.1, page 7. What is the basis for assuming that noise levels measured at cocktail parties and playgrounds are applicable to a water park? Why weren't actual noise levels measured at existing, similar facilities? VA's response: In order to conduct a noise analysis some assumptions must be made. VA's experience with activity noise indicates that the sound power levels utilized for this analysis are reasonable and derived from measured data. www.venrldascn.c¢rn � Veneklasen Associates Consultonts ,n Axousucs & Aa&D-Vruat Design Mr. Doug Evans — February 15, 2007 Page 5 19. Section 8.1, pages 7 and 8. The analysis of operational noise is based on sound power levels. What procedure was used to convert these sound power levels to the L2, L8, L25, L50 and Lmax metrics used in the City's noise ordinance? VA's response: The sound power level conversion indicated in the report was used to determine the L,s at the locations indicated. As documented in item 16 L,s and L,o values were determined to be statistically equal based on our measurements of the noise sources used to assume occupant noise. 20. Section 8.1, pages 7 and 8. What assumptions have been made to account for the noise levels produced by children shrieking and shouting, as typically occurs in such an environment? It would not appear to be reasonable to assume that children using a wave pool or a water slide would only speak in a slightly elevated voice. VA's response: The vocal content spectrum used included children performing typical activities on an active playground. These activities included screaming and yelling. The spectrum and acoustic power used was appropriate for this analysis and reasonably applies to the expected usage. 21. Section 8.1, page 8. Table 6 presents pool activity levels in terms of Leq, but Table 5 presents the same levels in terms of L50. What is the basis for assuming that Leq equals 1-50? VA's response: Measurements conducted at the playground indicated the Leq and L, were statistically equal. 22. Section 8.1, page 8. It does not appear that the following have been considered I the analysis of operational noise levels: (a) people (primarily children) talking, shrieking and shouting at the top of the water slides; (b) water splashing from play activities, water slides and waterfalls; (c) waves "crashing" at the Wave Pool; (d) activities at the Entry Plaza area; (e) activities in the game room; and (0 activities at the outdoor dining terraces. VA's response: See item 20. Based on conversations with the water feature consultant VA understood the mechanical equipment operating the wave pool were potentially the most significant noise sources and that there would not be any `crashing' waves. In fact, the wave generating mechanism is under water and thus will not be a significant source of noise. As to wave noise, VA has been informed that the generated waves will be far smaller than those observed in any commercial water park, i.e. not more than 18 inch height. 23. Section 8.2, page 9. Table 7 apparently mixes Leq and L50 noise levels in the calculations. What is the basis for assuming that Leq equals 50? VA's response: See item 21. 24. Section 9.0, page 9. The text states that an increase of 5 dB is typically noticeable but not significant. Most communities consider an increase of 3-5 dB to be the level at which a significant impact occurs. Since the analysis indicates that the project will increase noise levels by 6 dB, this should be considered a significant impact. VA's response: A 3-5 dB increase is often termed a `noticeable impact'. It is acknowledged that some jurisdictions consider any noise increase that is noticeable to represent a significant environmental impact. This is not, however, a universally adopted threshold used for the purposes of determining the significant of a change in noise levels and is not a threshold t 711 Sixteenth Street • Santa Monica California 90404 • tel: 310.450.1733 fax: 310.396.3424 - www.veneklasen.cam ' �...(� Venekfasen Associates Mr. Doug Evans — February 15, 2007 Page 6 adopted by the City of La Quinta for this purpose, A significant impact typically does not occur until a 10 dB increase, because, as explained in the study, a1OdB or more increase in noise Is generally perceived as a doubling in loudness. It is important to note that the potential 6 dB increase identified in the study would require all the assumptions in the analysis to occur at one point in time i.e. an unlikely worst case scenario, and it is expected that this condition would happen very infrequently, if at all. In addition, this occasional potential increase in noise of 6dB was only identified for Location 2 as identified in the study and not for the other 2 locations. The majority of the time at the majority of the locations studied the noise increases would be less than 5dB. 25. Section 9.0, page 9. The text states that an increase of 10 dB is considered to be twice as loud. This is generally only true when a single noise source (such as traffic) increases by 10 dB. The noise sources that will be produced by the Signature Pool project are quite different from the ambient sources in the area; therefore, it cannot be said that an increase of 10 dB will be perceived as being twice as loud. VA's response: This comment indicates the text on Page 9 of our study states that an increase of IOdB is considered to be twice as loud. This is not an accurate representation of the text of the study which reads: " A lOdB or more increase in noise is generally perceived as a doubling in loudness and typically is considered a significant increase" (emphasis added). There are many factors in judging human response to noise. These factors include frequency content and amplitude. It is true that depending on the noise content and the amplitude the total increase in sound energy can be perceived differently. For instance if you increase the background noise level 5 dB by playing background music it will be perceived differently than if you increase the background noise level with a vacuum cleaner. However, as a general rule of thumb, as a point of reference, a 10 dB increase is usually perceived as an approximate doubling in loudness. www.veneklasen corn Veneklasen Associates Consultonrs m P<oustles R Audio-Viwol Design Mr. Doug Evans — February 15, 2007 Page 7 The last page of the letter from Wieland Associates also contains 3 comments on Section XI, Noise, of the Addendum, which presents a summary of the information and analysis in our study. Impact Sciences provided the following comments to address these items: The text of the Addendum is consistent with the text in our study. The paragraph referenced in this comment states that, in general, a 5 dB(A) increase in noise typically causes a change in community reaction while an increase in I O(dB(A) is perceived by people as a doubling in loudness. Please note that this statement is referenced to an U.S. EPA study on environmental noise. This portion of the text of the Addendum is consistent with our study which, as indicated above, states on Page 9 that a 5dB increase over ambient noise levels would be about the level of perceived change by most people and is typically considered noticeable for this reason, but not a significant environmental impact. 2. The text of the Addendum does not conflict with our study. The Addendum states our study determined the increase in noise would be minimal. As our conclusion is that the increase in noise would not be substantial or significant, it could also be termed minimal. 3. The study included monitoring of the existing noise levels around the existing tennis courts. Accordingly, the increase in noise from existing conditions, which includes noise from use of the existing tennis courts, represents the increase in noise over the existing tennis courts. Yours sincerely Veneklasen Associates Robert Robey Managing Principal G94170-001_Laquinta Resort Pool Area ModiflcationVettet04.adb.doc 1711 Sixteenth Street • Santa Monica California 90404 -tel: 310.450 1733 -fax- 310.396.3424 • www.venel lasen.corn Endo Engineering Traffic Engineering Air Quality Studies Noise Assessments February 15, 2007 Mr. David Urban Vice President of Planning and Development CNL Hotels & Resorts, LLC CNL Center II at City Commons 420 S. Orange Ave., Suite 700 Orlando, Florida 32801-3313 SUBJECT: Response to Continents on the La Quinta Resort and Club EA 2006-573 and Site Development Permit 2006-865 Traffic Impact Analysis Dear Mr. Urban; Endo Engineering has reviewed the comments dated February 12, 2007 on the Environmental Assessment No. 2006-573, Site Development Permit 2006-865 Traffic Impact Analysis (dated January 8, 2007) that were prepared by Guralnick & Gilliland, LLP Attorneys at Law. The traffic comments were based upon a peer review of the traffic letter submitted by RK Engineering Group, Inc. on February 12, 2007. To facilitate your review, we have reiterated each comment below, followed by the corresponding response. Comments from Guralnick & Gilliland LLP Attorneys at Law Letter dated February 12. 2007, Comment 1: The traffic impact analysis states, "use of the water feature will be limited to hotel guests staying at the La Quinta Resort Hotel and a select number of individuals who participate in the exclusive Club Membership Program associated with the La Quinta Resort & Club." In fact, with 800 hotel rooms and 862 existing memberships, 1,662 cars could potentially be using cars to make trips to the Hotel to use the water park. Response 1: While there are currently 511 golf memberships and 417 non -golf memberships, the average age of the current club members exceeds 55 years. Approximately 75% of the current club members have no children under 23 years of age who would be allowed to use the water feature. The $15,000.00 initial cost of the non -golf club membership plus the $210.00 monthly fee make it unlikely that many new club memberships will be sold solely to gain access to the water feature. The existing swimming pool and tennis courts which exist on -site today are currently under utilized and the historical occupancy rates of the hotel indicate that it is also under utilized in the warmer months, when the water feature would be most likely to attract resort guests. The intent of the proposed water feature is to increase the annual occupancy of the hotel, particularly in the slower summer months. The water feature will be closed during more than 60 percent of the weeks each year, when the hotel bookings are traditionally highest and will operate only from 10:00 AM through 6:00 PM when open. 28811 Woodcock Drive, Laguna Niguel, CA 92677-1330 Phone: (949) 362-0020 Facsimile: (949) 362-0015 TO .1 Comment 2: The Traffic Impact Analysis makes the assumption that Club Members are not likely to use the water park very much: "For the most part, the number of occupied guest rooms will determine the number of trips that will be generated by the resort and also establish the demand for off-street hotel parking." (Traffic Impact Study, p. 10) Response 2: The traffic volume associated with the 800-room resort hotel and ancillary facilities on -site today is a function on: (1) the number of occupied hotel rooms, and (2) the number of club memberships being used on any given day for access to the amenities provided on -site. The La Quinta Resort & Club has entitlements for the 800-room hotel and the number of rooms will not change as a result of the proposed project. The proposed change in the ancillary recreational amenities at the resort will make more consistent year- round use of its existing entitlements by increasing the demand for room bookings, primarily during the hot summer months (June, July and August) when the hotel occupancy is typically lowest. The La Quinta Resort already has approvals to operate the hotel at full occupancy. If more aggressive advertising were used to increase the hotel bookings, a traffic impact study would not be required. Similarly, no traffic study should be required by CEQA to address a change in the hotel occupancy rates as a result of a modification to the water -related recreational amenities provided for hotel guests, provided day -use admission is not permitted at the water feature. Comment 3: The hotel already experiences near peak occupancy during the winter -early spring season and therefore, additional vehicle trips can be generated by Club members traveling to use the new water park. It is claimed that demand for the water park will be "relatively small during the winter months." This is sheer speculation without any foundation. Therefore the Traffic Impact Study concludes that "the water feature may not increase peak club member usage appreciably, even without restrictions on club member access to the water feature." (Traffic Impact Study, p. 11) This is simply wishful thinking. It is admitted that gold, tennis, spa and other club amenities are high during the "season". There is no reason to assume that Club members will neglect to use the new water park amenities. The average temperatures in the "season" are in the 70s and 80s. (See Average Monthly Temperatures for La Quinta, CA from Weather.com) Response 3: The water feature will be closed on weekdays, from Labor Day through Memorial Day, except for holidays and Spring Break (when room bookings are traditionally substantially lower). The average temperatures in February range from a high of 76 degrees to a low of 47 degrees. Similarly, the average temperatures in March range from a high of 81 degrees to a low of 52 degrees. By comparison, the average high temperature from June to September ranges between 108 and 103 degrees and the average low ranges from 72 to 78 degrees. With the average temperature more than 20 degrees warmer in the summer, the demand for water recreation should be substantially greater in the summer than the winter. Consequently, club members should not be using the water feature when the hotel is operating at peak occupancy. The scheduled operation of the water feature reflects the reduced demand anticipated to exist during the cooler winter months. Limited operation during the winter months is typical of water park and water slide recreational facilities in the Coachella Valley. Knott's Soak City in Palm Springs is closed from October 29 to March 5, with longer operating hours during the summer months. Similarly, the Palm Springs Swim Center is closed from November to February, with longer operating hours during the summer months. Based upon the demand at similar facilities in the area, the traffic study correctly states that the demand for use of the water park will be "relatively small during the winter months." Comment 4: The Traffic Impact Study admits that during the season, "the Hotel operates near its full occupancy with very few off-street parking paces unoccupied. As a result, the number of parking spaces available in the peak season which could be used by club members who wish to visit the water feature is limited." In short, there is no available parking for Club members who intend to use the water park during the season. The Traffic Impact Study optimistically projects that "Club member traffic to/from the water feature in the winter or early spring, when traffic volumes are typically at their peak in La Quinta, could be limited by the cooler weather and the age of the club members (which averages 55+) and their families." This assumption is again without any realistic foundation — the applicant wishes to preserve the water park for use by Club members but wishes the city to believe that in the high season, it is too cold, and their members too old, to use it! Of course Club members' families can use the facilities and presumably would do so. Response 4: During the peak hours of use during the peak season, the number of parking spaces in the vicinity of the La Quinta Spa and the proposed water feature is limited. To verify the availability of parking, a parking survey was completed on February 9, 2007 that revealed that although there were localized areas of high parking usage, the overall parking demand of the entire resort ranged from a high of 52 percent of the total number of parking spaces (525 of the 1,005 spaces) at 10:00 AM to a low of 37 percent at 8:00 PM. The traffic study recognized that the primary use of the water feature will be during the summer months when there will be additional parking spaces available at the resort. However, with a minimum of 480 empty parking spaces available on -site during a typical peak season day (February 9, 2007), there should be a sufficient number of off-street parking spaces to accommodate the demand generated by the proposed water feature at all times of the year. Comment 5: The letter from Paul McCormick, attachment 5 to the Staff Report, attempting to justify the non-use of the water park by the Club members, is not based upon anything other than the unrealistic expectation that Club members, because they historically have not used what is apparently an under -used existing pool, won't use the water park. The argument that the Club members will not use the water park because of their demographic is not supported by anything other than the applicant's "belief' that they would only have a "nominal effect on the usage of the Pool." (Letter from Paul McCormick dated January 11, 2007, Attachment 5 to Staff Report) Response 5: Paul McCormick's expectation that the Club members will have only a nominal effect on the usage of the pool is based upon his years of experience as General Manager of the La Quinta Resort and years of experience with the recreation facilities at the resort. However, even if there is considerable use of the water feature by club members, there are a sufficient parking spaces available on -site to accommodate the club members. Only 52 percent of the overall parking supply on -site was used during a typical peak season Friday. Comment 6: The Traffic Study also claims that the Club members won't be using the water park in the summer, either! "The potential for significant traffic impacts as a result of the limited number of Club members who will utilize the water feature in the summer months should be low." The "Traffic Impact Analysis" simply relies upon wishful thinking rather than any real analysis of the impacts of use by Club members of these facilities. This sort of speculation cannot be the basis for a realistic traffic impact study under CEQA. 706 Response 6: Since the average hotel occupancy during August is nearly one-half that of March, the reduction in parking demand on -site during the summer is expected to increase the number of available parking spaces on -site by more than 200 parking spaces. Similarly, the trip generation of the resort is substantially lower during the summer months. In addition, the background traffic volumes in La Quinta are typically 40 percent lower during the summer months than during the peak winter season. Since the traffic volumes during the summer months are substantially lower than in the peak winter months, the potential for significant traffic impacts as a result of the traffic associated with Club members using the water feature should be very low. Even with a successful water feature, the occupancy of the resort during the summer is not expected to approach the occupancy of the resort during the winter. As previously noted, the La Quinta Resort has approvals to operate at 100 percent occupancy during the summer months and the winter months. Comment 7: Avenida Obregon is the main access to both cars and pedestrians to the proposed "action pool" facility and is already grossly overused by pedestrians and is hugely prone to illegal parking. (See Photos by Fredericks). Avenida Obregon is completely insufficient to handle additional cars or pedestrians to access the new pool facilities. The proposal to ultimately gate Avenida Obregon is a possible solution, and should not be considered a last resort as the applicant presents it. Response 7: Although the La Quinta Resort has group activities that can result in brief periods of traffic congestion and higher than normal localized parking demand, the resort provides sufficient available off-street parking and roadway capacity. Roadways and parking facilities are not typically designed and constructed to satisfy the highest hourly demand of the year because of the expense involved. AASHTO suggests that the demand in the 30th highest hour of the year be used for design purposes. To document the parking accumulation and traffic volumes on -site during a peak season day, Counts Unlimited, Inc. utilized 24-hour tube counters at four locations on -site, and counted the number of parked cars on -site between 10 AM and 10 PM on Friday, February 9, 2007. As documented by Endo Engineering in a letter dated February 12, 2007, the traffic volumes are well below the capacity of the roadways on -site and a minimum of 42 percent of the parking supply on -site was available throughout the observation period. Two illegally parked vehicles were observed outside of the La Quinta Spa. Neither vehicle blocked the flow of traffic on Avenida Obregon, and there were available parking spaces within 200 to 300 feet. Comment 8: The opponents' traffic engineer, RK Engineering, has stated that overall, the Traffic Impact Analysis of Endo Engineering is inadequate because it makes no effort to assess the current capacities of either the streets or parking associated with the project, making it impossible to determine whether incremental increases in traffic and parking can, or cannot, be handled. Further, the opponents' traffic engineer states that there is no basis to assume that the traffic impacts of the water park would not be increased during the winter season, simply because the Hotel is already operating largely at peak occupancy during much of that period. (RK Engineering Review of Endo Engineering Traffic Impact Analysis, Feb. 5, 2007) Clearly the Negative Declaration is based upon a lack of data about the realistic, as opposed to unfounded, estimates of the true impacts of the water park. Response 8: In view of concerns raised regarding the existing traffic volumes and the availability of parking on -site, typical peak season traffic volumes on -site and the number of occupied parking spaces were counted on Friday, February 9, 2007. It was determined that 7U7 a minimum of 480 parking spaces (48 percent of the on -site parking supply) were unused and available throughout the day and that the roadways were operating at a small fraction of their capacities. The anticipated increase in traffic and parking associated with the water feature can be accommodated by the roadways and the available parking supply on -site. Comment 9: We strongly object to placing the construction staging area in the Palm Grove parcel. This area is immediately adjacent to the Tennis Villas, and will require construction vehicles to constantly enter and exist Avenida Fernando, which will greatly disturb both the Tennis Villas and the Enclave. The Traffic Impact Analysis admits that "Short-term construction -related traffic will be noticeable to resort guests and nearby residents who utilize Avenida Fernando and Avenida Obregon for access to/from their homes." (Endo Engineering Traffic Impact Analysis January 8, 2007 p. 6) There is no support given for the statement that "The roadways surrounding the La Quinta Resort, including both Avenida Fernando and Avenida Obregon, have the available capacity to serve the level of additional traffic anticipated during the construction process." The applicant must locate the construction staging area in another location so as not to disturb the residents. Response 9: The construction staging area will need to be located near the project site. The highest 24-hour traffic count on -site was on Avenida Fernanado, west of Eisenhower Drive, and indicated that 3,683 vehicles per day were using this roadway for access. Since the daily capacity of a two-lane local street is identified as 9,000 vehicles per day in the La Quinta General Plan Update Traffic Study, Avenida Fernando is operating at only 41 percent of its daily capacity. Since construction activities typically generate only a few hundred trips per day, there appears to be sufficient roadway capacity to serve the additional traffic anticipated during the construction process. Comments from RK Engineerine Grouo Inc Letter dated Februar�l2 2007. Comment 1: The basic premise of the document reviewed is that there will be no increase in peak seasonal trip generation or parking demand as a result of the addition of the major water feature. The study claims that during the peak season the facility is already at full capacity on weekends and is utilized between 70 to 80 percent during the peak season weekdays. While the study claims there will be no increase in occupancy during the peak season as a result of the use of the water feature, they recognize that increases in occupancy would occur during the off-peak season (June through September) when occupancy rates currently drop to 30 to 60 percent of the resort's capacity. No actual hard data is presented to justify these claims. While the water feature will certainly be utilized more during the warmer summer months, the climate in the desert area during the peak seasons (January through May) is mild and would also attract additional usage as a result of the major water feature. The traffic study does not present any quantitative data from other similar facilities to indicate that additional usage during the peak season would not occur and, therefore would not adversely impact the transportation and parking facilities in and around the La Quinta resort facility. Response 1: See Responses 3 and 7 to the Guralnick & Gilliland Comments. A traffic study addressing the traffic impacts associated with the water feature would evaluate the peak season traffic volumes of the hotel (assuming 100 percent occupancy) with the water feature in comparison to the peak season traffic volumes of the hotel with the existing tennis/pool facilities. With the access restrictions on the water feature, the projected peak season traffic volumes appear to be essentially the same as the existing uses. Even if the water feature increases the hotel occupancy in March from 80 percent to 90 percent, this does not represent a significant traffic impact, since the hotel has entitlements to operate at 100 percent occupancy. Although it is difficult to accurately predict the potential increase in parking demand or traffic volumes associated with an increase in Club membership of the proposed facilities, the large number of available parking spaces (480 spaces) located on the project site should be able to accommodate the parking demand associated with the water feature. Since the roadways on -site are operating at a fraction of their capacities, the on -site roadways should be able to accommodate the anticipated increases in traffic volumes associated with the proposed water feature. Comment 2: There is no quantitative assessment (level of service analysis) of existing conditions at intersections or roadway segments surrounding the La Quinta Resort facility. The entire premise of the traffic and parking demand during the peak season, therefore there will be no effect on the existing transportation or parking systems. The traffic impact study does not include any quantification of existing levels of service at the surrounding intersections which could affect neighboring properties. It is not known whether adequate levels of service occur during either the peak or off-peak seasons surrounding the La Quinta Resort facility. At a minimum, it is recommended that arterial intersections and major access road intersections should be evaluated for existing conditions for both peak and off peak seasons to determine whether there are existing problems at these intersections and whether additional improvements may be necessary to mitigate both existing and future conditions with the project. Traffic impacts with the proposed project should also be assessed. Response 2: Since there is no projected increase in maximum resort -related traffic volumes, quantification of existing levels of service should not be necessary. However, the traffic on the roadways on -site and the number of available parking spaces on -site were counted and it was determined that the roadways were operating at only a fraction of their capacities and that a minimum of 48 percent of the total parking supply on -site was available throughout the day on a peak day (Friday, February 9, 2007). Comment 3: A substantial qualitative discussion of parking demand is included in the Traffic Impact Analysis. However, no quantitative assessment of existing parking demand at the facility or along adjacent roadway segments has been provided in the document. Again, the premise is made that no increase in parking demand would occur during peak seasonal activities as a result of the major water feature. Again, this is not substantiated by any data presented in the study and there is no way to assess whether the existing facilities can accommodate both existing and future additional parking demand as a result of the implementation of the proposed water feature. A survey of existing conditions for both peak and off-peak conditions would be useful in determining whether the facility can accommodate the existing and future parking demand with the expansion to include the proposed major water feature. Response 3: Refer to Response 2. Traffic and parking accumulation counts were made on Friday, February 9, 2007 that indicated that there was a substantial amount of available roadway capacity and a large number of available parking spaces are available on -site. Comment 4: The Traffic Impact Study indicates that a parking management plan may be necessary. RK would recommend that a very specific parking management plan be prepared prior to the demolition and construction of the project. This should be prepared for both the initial construction period and the actual operation of the facility for both peak season and off-peak season time frames. The parking management plan needs to include a specific action plan. This should include a map which identifies available parking areas, location of parking directors, parking facilities to accommodate both staff and guests, and any special valet parking requirements that may be required to operate the facility. The parking management plan should include a monitoring program to annually review the operation of the parking facilities for both park and off-peak season conditions. The parking management plan may need to be adjusted over time, based upon actual demand for these facilities. The construction portion of the parking management plan should be very specific with respect to staging of construction vehicles, parking of construction employees, and the need for possible temporary parking facilities to accommodate the construction activities. The parking management plan should also have provision for adequately cleaning both private and public roadways during the construction period. Response 4: Prior to the construction activities and completion of the project, detailed parking management and construction management plans could reduce congestion and confusion on -site. However, detailed information about the construction and operation of the water feature is not available at this time. During the summer months, the proposed project is expected to increase the traffic volumes along Avenida Obregon. Although Endo Engineering has not concluded that development of the proposed water feature will create a significant impact on -site, issues have been raised regarding localized congestion and high parking demand along Avenida Obregon. Therefore, the project addresses these concerns by incorporating a variety of improvements to Avenida Obregon. These improvements should substantially improve the existing operation of Avenida Obregon. The proposed improvements are designed to: • reduce congestion by widening Avenida Obregon near Avenida Fernando, providing a turn -around area with a raised median, and allowing for a drop-off area for Signature Pool guests; • control traffic by providing a potential area for a guard or a gate system to limit entry (if requested by the City Planning Director); • improve safety by providing a decorative crosswalk across Avenida Obregon at the gate to the water feature with stop signs, additional signage limiting the speed on Avenida Obregon to 10-15 mph and directional information; and • monitor the traffic and parking on Avenida Obregon by providing for up to 3 traffic studies over 3 years. We trust that this adequately responds to the comments raised. If additional questions or comments arise, please do not hesitate to contact our offices by telephone at (949) 362- 0020, by facsimile at (949) 362-0015, or via electronic mail at endoengr@cox.net. Sincerely, ENDO ENGINEERING Greg do Principal Vicki Lee Endo, P.E. Registered Professional Traffic Engineer TR 1161 it J RpFEsslory4� LEE Ery�o fyc/ TR 1161 106ISO (ae0$ * TRMF \r-�P TF OF M\L i � 710 ATTACHMENT #9 Architecture and Landscaping Review Committee December 6, 2006 3. Co mittee Member Christopher stated they did need to weigh the ttributes of the community within and surrounding in order to r Ive the issue. He suggested the trees be moved even to 150 f t apart and tiered down the slope. 4. Committ e, Member Bobbitt stated the berms are excessive to begin wit but to add trees on top is an over kill. Staff noted that due the excessive berms, staff would be closely reviewing s ecific plans in the future for the perimeter treatments. s. Zamorez stated they would like to request that the placement f the trees be coordinated with the development of the golf co se. Committee Members agreed that it be spaced sporadica y and not just 150 feet apart. 5. There being no further questions, it was moved and seconded by Committee Members Christopher/Smith to adopt Minute Motion 2006-034 rec�(�!mending approval of Specific Plan 99- 035, Amendment No. \ as recommended. Unanimously approved. B. Site Development Permit 2006-86 • a request of CNL Desert Resorts, LP for consideration of architecture and landscaping plans for a Signature Pool Facility located on the west side of Avenida Obregon, south of Avenida Obregon, in the La Quinta Resort. 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 David Urban of CNL Desert Resorts, and Anne Guillebeaux, EDSA, lead designer, stated they were available to answer any questions. 2. Committee Member Christopher asked what units are privately - owned units. Staff noted the tennis villas and explained where the property locations were on the site. Committee Member Christopher noted there will be an enormous amount of equipment that will create a lot of noise that will need to be mitigated as well as the movie equipment. Discussion followed regarding complaints that had been received about the project. 3. Committee Member Bobbitt stated the noise element will be significant. Mr. Urban explained how the mechanical equipment would function and that a noise study was being required. The movie screen is not a permanent fixture, but an amenity to be used on occasion. Many of the tennis villas, adjacent to the Y! i rinwonnraal nn »_any nnr 2 Architecture and Landscaping Review Committee f- , December 6, 2006 j wave pool, are in the rental pool of the hotel. Planning Manager Les Johnson clarified that the environmental review would be completed before the project was taken to the Planning Commission or City Council. 4. Committee Member Smith asked if there would be a wall separating the tennis villas from the pool area. Ms. Guillebeaux stated there currently is a three foot wall but, they would be required to fence the entire area. It will have a six foot tall fence and access will only be through the main entrance. Committee Member Smith stated that in regard to the plant material, he has no concerns. There are some plants that he was unfamiliar with, but since this is private property, the applicant will replace what does not work. He would recommend the removal of the Parkinsonia trees as they are thorny and can be a nuisance. Discussion followed regarding the species that were messy and will be high maintenance. 5. Committee Member Christopher asked about the date palms. Ms. Guillebeaux explained they would not be transplanting any of the trees, but would be adding new younger trees to the site. 6. Committee Member Bobbitt asked that any palm trees used in high traffic area be healthy young trees and special care will need to be taken when any trees are transplanted. 7. There being no further questions, it was moved and seconded by Committee Members Smith/Bobbitt to adopt Minute Motion 2006-035 recommending approval of Site Development Permit 2006-865, as recommended with the removal of the Parkinsonia trees and consider less deciduous trees. Unanimously approved. C. Site evelo ment Permit 2006-874; a request of Komar Investments LLC fo onsideration of architectural and landscaping plans for seven commerce I buildings located on the south side of Highway 111 at Depot Drivea 1. Principal'Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the- Community Development Department. Staff introduced Keith Pittsfird, SPGA Archite ture and Planning, Peter Brandow, Peter Brandow and Associat Landscape Architects, Clint Knox, Project r 1 `' Manager, Vache Hanessian and Jim Brockman with Komar, who gave a presentation on the project.- r-awpn ldlprxl?- nnr 3 ATTACHMENT NO. 10 IS AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE "13 ATTACHMENT #11 `I N aka RESORT & CLUB February 16, 2007 By Hand Delivery Dear Mr. Mayor and Members of the City Council: As you know, the Planning Commission held a hearing on the La Quinta Resort's proposed Signature Pool project this past Tuesday night. The Planning Commissioners split 2 to 2 on the Site Development Permit application, and voted unanimously to approve the environmental document, an addendum to the Resort's prior EIR. After reflecting upon the input received from area residents, and Planning Commissioners during the hearing, we wanted to advise you of some additional measures that we hope will demonstrate the La Quinta Resort's good faith efforts to be responsive to all concerns. The La Quints. Resort will commit to the following, and will stipulate to their inclusion as conditions of approval of the Site Development Permit: 1. A Maximum Usage Can. Applicable To All Signature Pool Facilities: The maximum usage cap would apply to everything within the fenced Site Development Permit area. The overall cap would be set at 1,950 persons, which can be easily monitored and enforced at the single entry gate for the Signature Pool facility on Obregon. That number compares very favorably to the HOA lawyer's assertion that there would be 3,100 potential users of the Signature Pool Area, based upon Club membership rights. Basically, we took the maximum assumed usage for all the active water features (1,650), and added a cushion for the non -active water features (the new formal pool in place of the stadium court and the game room and restaurant), that will also be behind the single access control point on Obregon. This maximum cap should end, once and for all, the claim that the La Quinta Club Members, their children, grandchildren, and invited guests, will somehow result in usage by 3,100 people. With this enforceable cap, no such scenario would be possible. 2. The Following Additional Measures for Obream Traffic Safety: a) A posted speed limit of 10-15 mph, as recommended by the traffic consultant (Endo Engineering) and as determined by the City Public Works Department. Currently, Obregon, which is a private lane, does not have any speed limit posted. i9--199 1:.wnhower Drive, U Quinra, C.Iifllrnla 92253 wwwAaquinrxnsoremm %i1.760.564.�111 F,ce760.56A.5718 714 b) More definitive designation of the paved cross walk on Obregon as a safety cross walls, with a stop sign and signage to indicate that it is the designated crossing area for adults and children wishing to cross Obregon to enter the Signature Pool Facility. Currently, no such designated cross walk with stop sign exists. 3. The Following Additional Measures For Noise Reduction: a) The addition of solid block wall segments --covered in lush vegetation --at certain points along the Signature Pool Area border, to enhance sound attenuation and privacy, particularly in the area along the North Tennis Villas and the one Tennis Villa nearest the south rock formation, b) The addition of a solid barrier (probably Plexiglas) covered by vegetation, at the top of the south rock formation, where children would enter any of the three enclosed slides. This is offered specifically in response to a request by one of the HOA presidents in a recent meeting with the Resort. We would not use tall trees for the vegetation, so as to avoid any view obstruction from nearby residents. 4. The Following Offer To Resolve The Fredricks Obregon Issue: We understand from City staff that Mr. Fredricks is currently suing the Santa Rosa HOA over his access through the HOA's Mazatlan/Obregon gate, and has successfully obtained an injunction from the Superior Court, allowing him to enter and exit Obregon through the HOAs gate. Doing so allows Mr. Fredericks to avoid using Obregon as it runs through Resort Property, and thus avoids the difficulties he currently perceives on Obregon. Nevertheless, in an effort to help resolve this dispute between the Santa Rosa HOA and Mr. Fredericks, the Resort is prepared to pay the annual Santa Rosa HOA dues for Mr. Fredericks' use of the HOA's gate at Mazatlan/Obregon. This offer - - if accepted - - should allow the unfortunate litigation between Mr. Fredricks and the Santa Rosa HOA to be settled. (A copy of our letter to Mr. Fredericks is attached.) In any event, Mr. Fredricks recently obtained Court ordered access through the Mazatlan gate should resolve his complaints about his current use of Obregon, through the Resort's property. Either way, the Resort is prepared to help resolve the issue. 5. Resolution Of The Eisenhower Berm Issue: We heard the requests of Kay Wolff and Commissioner Quill loud and clear this past Tuesday night. We also received a specific list of those concerns. (See attached Exhibit B, letter from The Cove Neighborhood Association dated February 14, 2007). The La Quinta Resort wants to resolve the concerns of Cove residents, that have been unresolved for far too long. This letter confirms that the Resort is committed to fully funding the installation of enhanced landscaping, per the Resort's existing landscape plan, in the area identified by City Staff between the Bridge on Eisenhower and Calle Tampico, which has been identified by Kay Wolff as the worst area along Eisenhower. wi.7 To be very specific, the Resort would do all of the following requested by The Cove Neighborhood Association and Kay Wolff: 1. Make Fence repairs from Eisenhower bridge to our golf maintenance yard. Plant vegetation on both sides of the fence, from Eisenhower bridge to our golf maintenance facility. 2. Make irrigation repairs and additions as necessary from the Eisenhower bridge to the golf maintenance yard. 3. Install curbing or block retaining barrier along Eisenhower similar to our frontage on the Resort side of the bridge. 4. From the Eisenhower corner, to the maintenance facility, we will plant ground cover that will green up the area to the fence. 5. From the bridge on Eisenhower, to the comer where our property turns, we shall install desert plants, boulders, ground cover and decomposed granite with attractive borders. 6. We will maintain these areas year round. 7. All changes will be complete prior to completion of the Signature Pool Project We will endeavor to provide a rendering of a section of the proposed landscaping for the hearing next Tuesday night. As indicated above, we are prepared to stipulate to this commitment as a condition of approval for this unrelated Signature Pool Project, which would obviously mean that the Resort could not subsequently challenge the condition of approval on any legal grounds, such as an absence of a sufficient connection to the Signature Pool project at the opposite end of the Resort. This commitment will be iron clad, after the Site Development Permit is approved with this condition of approval. 6. Increased TOT Revenue for Citv: We have been asked by City Staff to provide some definitive estimate of the Tenant Occupancy Tax ("TOT") that will be generated by increased occupancy at the Resort, if the proposed Signature Pool Project is approved. We estimate that annual TOT for the City will increase by $350,000 to $500,000, based upon increased summer occupancy rates at the Resort, when the Signature Pool is in active use. We base this estimate on the following: Additional rooms driven by Signature Pool. Hotel: 12,000 to 20,000 additional room nights x ADR $165.00 x 20000 - $3,300,000 x 11 % total = $363,000. Legacy Villas: 4000 additional room nights x $165.00 = $660,000 x 11% total = $72,600.00. The grand total in increased TOT, based on these assumptions, would be $435,600.00, i.e. in the middle of the $350,000 to $500,000 range estimated above. Conclusion We want to thank each of you in advance for reviewing the material assembled for our requested Site Development Permit, and of course for reviewing the hundreds of a -mails you have received. We know it is a burden and we sincerely appreciate your efforts. We also look forward to our hearing with you next Tuesday night. We promise to be very well prepared with facts, evidence and helpful visual aides to respond to some of the rather exaggerated and over the top rhetoric that has unfortunately alarmed so many residents near the Resort. When we are finished Tuesday night, you will understand that the La Quints. Resort is not proposing a commercial "Water Park" by any reasonable stretch of the imagination. Moreover, as is evident from the above commitments, the La Quints. Resort is willing to go the extra mile to be a good neighbor to the community, and a valued asset in this City for years to come. Best Vice fresident and General Manager La 0 ' to Resort cc: Thomas Genovese, City Manager Doug Evans, Planning Director Kathy Jenson, City Attorney Kay Wolfi Cove Neighborhood Association 717 INCO38012 Minute Orders - Indio Civil & Small Claims Page 1 of 2 i� Home Complaints/Parties Actions Minutes Pending Hearings Images Case Report Action: (Choose) RULING ON MATTER SUBMITTED 12/08/06 RE: MOTION FOR PRELIMINARY INJUNCTION BY PLAINTIFF 12/21/2006 - 8:30 AM DEPT. 2H HONORABLE H. MORGAN DOUGHERTY, PRESIDING CLERK: M. DINIUS COURT REPORTER: NONE HAVING CONSIDERED THE SUBMITTED MATTER THE COURT RULES AS FOLLOWS: MOTION FOR PRELIMINARY INJUNCTION IS GRANTED DISCUSSION: THE PARTIES HAVE A LONG HISTORY REGARDING THE ISSUE OF PLAINTIFFS ACCESS TO THIS PROPERTY. THERE WAS EARLIER LITIGATION OVER THIS QUESTION WHICH LEAD TO A PURPORTED SETTLEMENT. UNFORTUNATELY THERE IS NO TRANSCRIPT AS TO WHAT IF ANYTHING THE PARTIES DID AGREE TO. FOR THE PURPOSES OF THIS MOTION THE COURT IS NOT CONSIDERING WHAT THE AGREEMENT WAS BASED ON THE DOCUMENTS PRESENTED INCLUDING THE DECLARATION OF THE RETIRED JUDICIAL OFFICER. WHAT IS CLEAR IS THAT FROM 1990 UNTIL 2002 THE PARTIES ACTED IN A CONSISTENT MANNER UNTIL THE DEFENDANT BEGAN TO IMPOSE RESTRICTIONS ON PLAINTIFFS USE OF THE GATE. IT IS THE COURTS INTENTION TO MAINTAIN THE "STATUS QUO ANTE" UNTIL ALL THE FACTS ARE PRESENTED TO THE COURT AT AN EVIDENTIARY HEARING. RULING: IT IS THE RULING OF THE COURT THAT DEFENDANT ASSOCIATION IS RESTRAINED FROM PREVENTING REASONABLE ACCESS IN AND OUT OF THE SUBJECT PROPERTY FOR PLAINTIFF AND HIS FAMILY MEMBER; HIS GUESTS AND PERSONS WHO PROVIDE SERVICES TO PLAINTIFF AT HIS PROPERTY. REASONABLE ACCESS SHALL INCLUDE THE USE OF "CLICKERS" AS WELL AS A "BUZZER" SYSTEM ALLOWING PLAINTIFF TO OPEN THE GATE FROM THE HOUSE. ANY COSTS WILL BE DIVIDED BETWEEN THE PARTIES. THE COURT WILL RETAIN JURISDICTION TO DETERMINE WHAT IS "REASONABLE". THE DEFENDNAT ASSOCIATION IS ORDERED TO COMPLY WITH THE COURTS ORDER WITH 30 DAYS OF SERVICE. IN MAKING THIS ORDER THE COURT DETERMINES THAT THE PLAINTIFF IS LIKELY TO PREVAIL IN THE LITIGATION. IN ADDITION IT IS THE COURTS OPINION THAT THE EQUITIES TILT IN FAVOR OF THE file://S:\Data\Brand Cooper's Files\I-Q\La Quinta\Pleadings\INC038012 Minute Orders - I... 1/23/2007 'ii3 INCO38012 Minute Orders - Indio Civil & Small Claims Page 2 of 2 PLAINTIFF. THE COURT NOTES THAT THE PARTIES RAISED MANY OTHER ISSUES SUCH AS WHETHER THE DEFENDANT EVEN HAS TITLE TO THE GATE. THE COURT MAKES NO FINDING ON THAT POINT. LASTLY THE PARTIES HAVE RAISED A NUMBER OF EVIDENTIARY OBJECTIONS. IT IS THE COURTS VIEW THAT THE OUTCOME OF THOSE OBJECTIONS IS IRRELEVANT TO THE COURTS RULING. NOTICE TO BE GIVEN BY CLERK file:HS:\Data\Brand Cooper's Files\I-Q\La Quinta\Pleadings\INC038012 Minute Orders - I... 1/23/2007 r1 1J IA Q1i INTA RESORT HOMES IMPORTANT PLEASE READ CAREFULLY it )Q001 M411C1 �1' I • Nf I1 :1 I' I11 xl / it' 1' • 1 i' f Lot/parcel Tract No. Street Address �� rl, ai� is the City of ta, Couay vetai e, State -if Celiforma ie ' potty") 71 171 • :1' (d) right to install say trees or other landscaping or construct any improvameuts at any location within the Tennis Club Property, which could be in oeai proximity to any tot within the Project, including the Property; (e) acknowledge and agree that Seller makes no warranties or representations that the Tegnis Club Property will be mal ained and operated. in the mannerthat existed or was coatempiated at the time of the purcbase of the Property by the Buyer and Sl 8. H PH The Hotel Properly irtcludas pools spas, hotel rooms, banquet itre� restaurants, reWI s tops, the Spa at La Quints, courtyards, lanlfscapmg and related wilt'wilties do are m close proximity to the Project Buyer, for himself or herself, and for their. Raped Pardee hereby: (a) .acknowledge .... (iv) the potential for iarismoces ermined by w' arising jian the Hotel Property including, widiout limitation, odors, noises, tefiic coogesdoo and otber outaattoes arising from overall operations, landscapin; and maintemoe of the Hotel pr�p�y and early morning and hue night event set up, maintenance activities or housekeeping services and vim ility of landscape lights or lights used in connection with any improvements, maintenance or Hotel -Activities on the Ho l Property; (b) assume the risk of any creation or maintenance of a uWass or unisaace created by or arising in connection with Hotel Activities or any matters described above (colloctivaly, 'Assumed Risks")' 1 •:1 : Ht :d Cd,. i:d 1, M:• i "dl 1.'tl � - • 1 1 ' •a 1 • CM" '1 1311 ! Nil' • Clad F M 11; eSELLERN US CASMAS COMRArON, aDeiawarel/_: 1��J1/tl/A1J9 v4 �r��le.tC1 • R �i'11vR1�, TQ.Is'� a� h Y?'Yy tt 3vL rDa aR�t�c •v Y��l% Demd: _ty'l 2q xooc, .� s ACKNOV(DGMENT AND AGREEADDENDUM LOTS) ..,TRACT BUYERS A R IC Gvl THIS ACKNOWLEDGMENT AND AGREEMENT ADDENDUM (herein the "Acknowledgmenn Agmemem") constitutes a part of Elie foregoing Contract and Escrow Instructions between Seller and Buyer pertaining to the Property. Escrow Holder is not to be concerned with any of the provisions of this Acknowledgment Addendum. 1. CHANGES IN CONSTRUCTION AND MODEL. Buyer acknowledges tltatalldesigns, brochures, artists renderings, mpogtaphicai maps or elevatiom and any model homes depicting the Property, or any landscaping, fumishings or features included in any model home or the model complex ate for illustrative purposes only. The improvements upon the Property will not be built many precise specifications of any model, nor will such improvements be built to the specifications of the Buyer. Seller further reserves the right to make substitutions that may be necessary or desirable many improvements provided that such changes are of substantially equivalent value and are approved by the Lender (if required) and comply with the appropriate City or County building codes. Seller reserves the rightwithout the prior approval of the Buyer, to make minor modifications to the height or location of any fence which is planned to be constructed or installed within or on the boundary of the Property if in the sole judgment of the Seiler such change in height or location is reasonably necessary or desirable to accommodate field conditions or aesthetic considerations. Seller reserves the right, prior to the Close of Escrow, to convey easements for landscaping and for the maintenance of the landscaping and the irrigation systems appurtenant thereto over any such portion of the Property that may be located between such fence and the boundary of the Property (the "Easement Area") if in the sole judgment of the Seller such Easement Area is not likely to be used by the occupant of the Property and should therefore be maintained in a clean and attractive condition by the owner of property adjacent to the Easement Area. 2. NON -RESPONSIBILITY. Seller is not responsible for any transaction or arrangement made directly between Buyer and any suppliers, subcontractors, or any other mechanic engaged in the building or construction industry, including Seller's suppliers, subcontractors, or any other mechanics. 3. PROPOSITION 65. Buyer acknowledges having read a copy of the Proposition 65 warning sign which is posted in the Sales Office and in construction areas. Buyer agrees to be responsible for delivering that message to all members of Buyer's family and to any individuals who visit his residence. 4. BROKERS AND FINDERS. Buyer represents and warrants that Buyer engaged no broker or finder in conjunction with this Contract and agrees to indemnify, defend, and hold Seller harmless from and against any claims by a broker or finder inconsistent with this representation and warranty. 5. REPRESENTATIONS AND WARRANTIES. It is understood and agreed that there have been no represemations or inducements made to Buyer except thou herein sec forth, and that no representsbon, promise, or warranty has been made by Seller or any duly authorized agent of Seller, including but not limited to (a) Seller obtaining any Loan for Buyer or guaranteeing that Buyer will obtain any Lost; (b) the investment potential of the Property; or (c) future development or traffic patterns in any area adjacent to Property. 6. VIEW. Buyer acknowledges that Buyer has investigated to Buyer's satisfaction all public and private restrictions and laws pertaining to the construction of any improvements Buyer contemplates making to the Property and any landscaping Buyer contemplates for the Property. Accordingly, Seller makes no represemadow as to any impact that the matmrs noted above in this paragraph or any development or landscaping of other property within the Project may have on the development, use or enjoyment of, or any existing or future view from, the Property or my structure contemplated to be placed thereon. Seller makes no representation u to the preservation of existing or Comm views from the Property. Any view from the Property, whether developed or undeveloped, is.aot gaarameid. iirnne development and/or growth of trues or vegetation may affect any view from the Property and could negatively impact the value of the Property. . 7. INSULATION. As part of the ageement between Buyer and Seger with which Escrow Holder is not to be concerned, insulation will be installed in the Property as follows: (a) Exterior walls will be insulated with fiberglass insulation to a thickness of 6 V4 inches, which, according to the manufacturer, will yield an R-value of R39 . (b) Ceiling insulation for entire ceil ng'aros exposed to attic areas shall receive BAT]' insulation with an R-value of R30. The higher the R-value, the greater the insulation power. 8. INSPECTION Of PROPERTY. Buyer and Seller will make a joint inspection of the Property either before or after the Close of Escrow, at Seller's option, for the purpose of preparing a list of corrective work, if any, which may be necessary. Any corrective work agreed to be performed by Seller as a result of such inspection will be diligently commenced and completed within a reasonable period .,f time and failure to commence or complete such corrective work shall not delay the Close of Escrow. 4. ENTRY UPON PROPERTY. As part of the agreement between Buyer and Seller with which Escrow Holder is not to be concerned, Buyer shall not be pentlued to enter, occupy or take possession of the Property, or make any alienations of, or additions to, any interior or exterior improvements thereon until after the Close of Escrow without the prior written approval of the Seller. Until Clow of Escrow, Buyer or Buyer's agents shall not be permitted to show the Property to prospective purchasers or tenants or place any signs at or near the Property without the prior written consent of Seger. In the event of any conflict between this Acknowledgment Addendum and any provision of any other portion of the Seller: LAS CASITAS CORPORATION, Buyer: a Delaware corporation - _ Buyer: By: pp y p (Date Signed by Seller) Pcz K \-S-t7 t` 9 M 5 (Date Signed by Buyer) shall prevail. ACKNOWLEDGMENT AND AGREEMENT ADDENDUM prop.casitaswntract.c3.9811 BUYER'S INITIALS ( r" �� I Distribution: Whim: Escrow Green: Sales Office Yellow: Acetng Pink: Legal Gold: Buyer NOTICE/OUTREACH • Vastly Expanded Mailed Notice: -- 500 Feet from Entire Resort Property Line. • Mailed Notice To All Previous Commentors. • Newspaper Notice. • The Resort Met/Corresponded Repeatedly with Neighbors and HOA Representatives. • The Resort Held Four Well -Attended Public Forums to Explain Project. • 2/12/07 Meeting with All HOA Presidents. I NOISE STUDY RESULTS • Premier Acoustic Expert Studied Both Mechanical and Human Noise Sources. • Expert Computer Model Tested 3 Locations, at Nearest Property Lines. • Study Assumed Many Screaming Children. • Study Finds No Significant Impact: "For the purposes of this report the noise generated by the Signature Pool project would only be deemed a substantial increase over existing noise levels if... : (1) It increased noise by 10 dB or more over the existing background ambient; or (2) It exceeded the requirements in the City's Noise Ordinance [60 dB(A)J. In this case, this report demonstrates that neither threshold is exceeded. Thus there is no significant increase in noise levels over the existing ambient noise level." [Acoustical Analysis Report, p. 9.1 M C� ADDITIONAL NOISE CONTROL MEASURES • All Water Slides Removed from North Rock. • All Water Slides Fully Enclosed. • New Sound Barrier Surrounding Slide Entry. • Wave Machine Placed Entirely Under Water. • Mechanical Equipment Encased in 12" of Concrete. • Wave Height Substantially Reduced. • Lazy River Substantially Recessed. • Hours of Operation Substantially Reduced: 10:00 a.m. to 6:00 p.m. • Water Feature Closed 60% of Weekdays During Peak Winter Season. • New Solid Block Wall, Rather Than Open Iron Fence, Where Requested By Residents. gill 2 kill Ill O Imo., Joe McVeigh 77240 Avenida Fernando Our family owns three tennis villas and a condo in Santa Rosa Cove so we have a special interest in any development that is proposed to be built in the midst of our residential environment. The tennis villas surround the area of the proposed water park. Two of our villas are contiguous to the property line of the proposed plan. The primary issue I want to address tonight is how the proposed project relates to our retention of quality of life and the project's interference with our quiet use and enjoyment of our property. By way of illustration I would like to suggest an analogy for you to consider in your evaluation of this project. Assume at your own residence your next door neighbor had a tennis court on their property and you had enjoyed a good neighborly relationship for a number of years. Then the neighbor sold their property and the new owner decided to remove the tennis court. He hired the most prominent landscape architect in the country so he could have an outdoor living arrangement he considered to be the best in California. This plan involved a huge pool, waterslide, large projection screen and high end audio system. The outdoor living arrangement would accommodate at least 50 guests. Lastly, the new neighbor has a reputation to entertain with lavish and noisy parties in day time and evening hours. The project could only be approved by a decision of a sole independent arbitrator and you and the neighbor selected me to be the sole arbitrator to decide whether or not the neighbor's project should be approved. 7w3 How would you like me to vote on this project which would have such a significant impact on your property including a probable decline in value? You can be assured that in my evaluation the nuisance issue, the quality of life you currently enjoy at your residence and the probable dimunition of value would be the primary factors in my decision to approve or disapprove. A couple of other brief comments: 1. At the planning commission meeting the applicant's attorney referred to a purchase document which included a waiver by a buyer of property around the tennis courts. Please note he was referring to a parcel that does not include the tennis villas. The purchase and sale agreement we executed does not include any such waiver nor does the Tennis Villa CC&R's. Also, the planning commission chairman stated that tennis villa owners were subject to the "Buyer Beware" concept. As to "Buyer Beware", we bought a tennis villa with an implied land use, not a water park villa. 2. A major factor in our decision to buy our tennis villas was the special views both to the North and the South of the mountains. We did not contemplate looking at a 28 foot man-ipade mountain containing water slides and watching and listening to sY ,',-94c,� ,/,MA hundreds of people using this facility everyday. The proposed project if built constitutes the creation of a major private and public nuisance, would have a severe negative impact on our residential quality of life and adverse effect on our property value. A brief example to emphasize this point is a conversation I had a few days ago with a friend of mine. This friend has asked me a number of times in the last few years if I would sell him one of our tennis villas. Last Saturday he told me changed his mind because if this project goes through as currently planned he would have no interest in owning a villa because of all the negative impacts on the tennis villa residential environment. This comment was very disturbing to me because it points out the common conclusion that this project will have a long-term detrimental effect on our unique residential setting. It also emphasizes the very real probability that this project will cause significant negative economic results that property owners will suffer. My opinion and attitu eitoward th's project is not mine alone. As evidenced by tonight's turnou nd the num�f letters to the City Council the overwhelming opinion of the residents is that this commercial project should no be placed in the center of our residential community. I wonder how a few 4th Hilton company can be right and hundreds of La Quinta residents be wrong? My request to you is to have the applicant revise the project's proposed location and move it to the hotel environment and not have it interfere with the residential neighborhood. Please allow the hundreds of La Quinta residents who would be affected by the project to retain the quality of life they currently enjoy. Thank you. 7J1 RICHARD R. FREDERICKS 49-875 Avenida Obregon La Quinta, California 92253 February 16, 2007 City Council City of La Quinta P.O. Box 1604 La Quinta, California 92247A 504 Re. Approval of the Water Feature on or about La Quints Resort & Hotel Premises May Result in a Taking of an Individual's Property, and Subsequent Condemnation Proceeding. Dear Council: I am writing this letter to alert you of potential problems that are likely to materialize in the event the proposed construction of the water feature ("Water Feature") on or near La Quinta Hotel and Resort ("Resort") premises is approved. 1 own the single-family residence located at 49-875 Avenida Obregon in the City of La Quinta, California. Appurtenant there to is the easement of ingress and egress on Avenida Obregon in both directions, to the next intersecting street. (Bacich v. Bd. of Control (1943) 23 Cal.2d 343, 352.) To the north, the next intersecting street is Avenida Fernando, and to the south, Calle Mazatlan is the first intersecting street with Avenida Obregon. Said easement has been traced back to 1928, when Walter Morgan planned and recorded a subdivision that included, among others, my property (corresponding to Lot 24) and Avenida Obregon.' The well -established easement rights appurtenant to my property were dramatically altered and taken when the zoning change in 1997 reduced Avenida Obregon to the north to its present substandard width (approximately, 20 ft.). Moreover, my access on Avenida Obregon is already inherently dangerous and utterly overburdened by the constant stream of vehicles, trucks, golf carts, and ' Attached hereto are for your review, the 1928 Record of Survey by Walter Morgan, and grant deeds from Walter Morgan (or Desert Development Company of which Morgan was the president) to my property and other lots abutting Avenida Obregon. The documents together evidence my easement right on Avenida Obregon. 3 City Council Re. Water Feature on or about La Quinta Resort & Hotel Premises February 16, 2007 Resort service vehicles of every description imaginable from laundry carts to room service wagons. In addition to the constant traffic, commercial truck deliveries servicing everything from the Spa to functions at the Tennis Club or La Casa to the Golf Club; the street is used as a promenade for Resort guests, a playground for children and others who traverse on and across Obregon between Resort facilities east and west, north and south. The combination of the substandard width of the road, and the congestion created by golf carts, service vehicles and pedestrians and little children makes the access on Avenida Obregon to the north extremely dangerous, frustrating and time-consuming. This is further aggravated by the constant illegally parked trucks, cars, and Resort equipment which on occasion completely block the road. The proposed Water Feature will so burden my right of access on Avenida Obregon that an effective taking of my property rights will be the result. Furthermore, no one has the right to contemplate a gate or other interference with my right of access. This would constitute a trespass as the grants of property along Obregon excepted twenty feet east and twenty feet west for road purposes. The Resort does not own the fee to Obregon as it is encumbered by my easement, not any different than my ownership of one half the road east of my property which is also subject to easement rights of the other lots, in this case the Resort, which has acquired those lots over the years. The City would effectively take my property, i.e. easement of ingress and egress, if the water park is approved. Such City action can only benefit a private out-of-state developer, at the expense of a local resident, constituting inverse condemnation. This is quite simply the taking of private property rights without the payment of just compensation. Of course, I am hard pressed to find any public benefit to be had by the Water Feature. I sincerely hope that the Council is now aware of my property rights and is also cognizant of the fact that under no circumstances does the Resort have the right to further burden my easement, enact a gate or interfere in any way without the City exercising eminent domain proceedings. The Council must be alerted that my property right must be protected from and against the overbearing and heedless actions of a non -local commercial entity, whose primary pecuniary interest now seeks to construct the Water Feature. I have enclosed appropriate documentation for your perusal, evidencing my property rights. Ve Truly You :r Richard R. Fredericks 733 r iq Y m. w ZM U. U Q = W Q W W m gie N trt a eQ E a •. �;_. z cy O d" > �� _� �„ f a3 Q D 0 N si 0 x F i FI d i I I I F i c a`gj I a�. 'AI�Cka IRS a/90 o J = a> a J E W zWa �Uz z K p 0a0 wZ0 Un3z O0 CxJ 7 W 7 Cam ware UpO , = 0 wIM LL x 0 s 0 >m U J 0 � J 7 a U ,aa WW C3 X m0� LL } Xxpa W w m QmU E W Na x rN Vautsa, s'1.16u Iro 2O 446u6tlo0 pue 6ul6eui NelauJmJ sp en 011 ae,ewa Aq VaVumtl quawniop Order No. 2072991 First American Title Insurance Company 3625 Fourteealh Street, (P.O. Box 986) Riverside, Cahfonda 92502 (Area Code 909) 797-1700 KSL RECREATION CORPORATION 56140 PGA BOULEVARD LA QUINTA, CALIFORNIA 92253 AMMOM I ATTENTION: BARBARA LARSE UPDATE NO. I YOUR NO. TENTATIVE TRACT 28545 DATED AS OF FEBRUARY 11, 1998 AT 7:30 A.M. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN. OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS_ THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF I, IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, -A BINDER OR COMMITMENT SHOULD BE REQUESTED. GARY FRANCIS - TITLE OFFICER iJ5 Order No. 2072991 11. THE EFFECT OF A RECORD OF SURVEY ON FILE IN BOOK 8 PAGE 39,* BOOK 8 PAGE 90 AND BOOK 9 PAGE 65 ALL OF RECORDS OF SURVEY, RECORDS .OF RIVERSIDE COUNTY,.CALIFORNIA. ANY LOSS OR DAMAGE WHICH IS BASED UPON ANY DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGES IN AREA OR ENCROACHMENTS WHICH MAY BE EVIDENCED BY THE ABOVE LISTED RECORD OF SURVEYS. 12. AN EASEMENT .FOR THE HEREINAFTER SPECIFIC PURPOSE AND' INCIDENTAL PURPOSES, AS SHOWN ON THE ABOVE RECORD OF StMMS. SAID EASEMENT IS FOR ROADS. 13. AN EASEMENT FOR POLE LINES, CONDUITS AND INCIDENTAL PURPOSES, IN FAVOR OF THE SOUTHERN SIERRAS POWER COMPANY, IN INSTRUMENT RECORDED JANUARY 7, 1929 IN BOOK 792 PAGE 592 OF DEEDS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID EASEMENT IS DESCRIBED AS BEING ALONG, ACROSS AND UPON ALL STREETS, ALLEYS, HIGHWAYS AND PUBLIC PLACES, AND ALONG AND UPON ALL DIVISION PROPERTY LINES (EXCEPT SUCH LINES AS COINCIDE WITH BOUNDARY LINES OF STREETS AND ALLEYS), AS SHOWN ON THE MAP ENTITLED "AMENDED MAP NO. 2 SHOWING A PORTION OF THE EAST HALF OF TEE-* SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN" RECORDED IN BOOK 8 PAGE 90 OF RECORD OF SURVEY, RECORDS OF RIVERSIDE COUNTY,. CALIFORNIA. 14. AN EASEMENT FOR THE HEREINAFTER SPECIFIC PURPOSE AND INCIDENTAL PURPOSES, _N FAVOR OF LA QUINTA HOTEL AND COTTAGES, INC., IN INSTRUMENT RECORDED MAY 24, 1948 IN BOOK 912 PAGE 184 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. SAID EASEMENT IS FOR PIPELINES. (AFFECTS PARCELS 7, 9 AND 13) I5. COVENANTS, CONDITIONS AND RESTRICTIONS IN DOCUMENT RECORDED MAY 24, 1948 IN BOOK 912 PAGE 184 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BUT DELETING ANY COVENANTS, CONDITIONS OR RESTRICTIONS INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C). (AFFECTS PARCELS 7, 9, 10 AND 13) 16. AN EASEMENT FOR EITHER OR BOTH POLE LINES, CONDUITS OR UNDERGROUND FACILITIES AND INCIDENTAL PURPOSES, IN FAVOR OF IMPERIAL IRRIGATION DISTRICT, IN INSTRUMENT RECORDED MAY 26, 1949 IN BOOK 1079 PAGE 471 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (AFFECTS PARCELS 7, 9 AND 13) Page 25 713E MSERT DEFELOWENT OCITANY j TO 1) GRANT NEED LEE ELEANOR GRl?AEI DESERT DEPELOPUMIT COMPANY, A owporation organized under the laws of the State of California, -.lth its prineipal plane of business at the City of Los Angeles, California, hereinafter referred to as the Seller, in ggnsldaratioa of Tan 010.00) Dollars to it in hand pail, receipt of which is hereby, asks owledged, does hereby gran to LEE ELEANOR GRAMT, a single woojan, hereiraftar referred to as the PW chaser, the real property in the County of Riverside, State of California, described as follows, to -wit: That portion of the East one half (1*)-of the SWILUM tt one quarter (Sw;) Section g$, ". w S. R. 5 E, S,N.B S M. Described as follows: Beginning at a point on 'rota are quarter section line which bears north 0. 1' Rest 250 feet fror.. tco one quartor eaotion corner on the South boundary of said Section thence "Test 25. ' et; thenoe North 0. 11 west 185 feet; thenoe East 250 feat to a pctnt on the one -ue^ter eseotfon line; thence South 0e V Fast an the one quarter sero.icn line 185 feat; to the point of neglnning. Excepting therefrom a strip of lar.:l 20 feet in width off the '.Peat side to be used for road purposes. iThe above described treat of land contain 1.00 &Area more or lees. SUN.TECT to tesee fcr 1928-1929 and to all taxes and assessments and charges Of every kind or nature levied, am a Ilan against the said property. SUBJWT to the agraemmtx,4Gavmants', conditions subsequent and reetrictiou ,k hereinafter set,forth, inparagraphslettered (aj to (w) is„lusivo, wd herelaaftes for convenience,*s11 referred to ss 'RtOGWOtions.". RESTRICTIONS (a) that said promises shall be need for private'residence purposes o ': iud no sEruntrse of any kind shall be moved from any othbr 'plat onto said, p aUea, ThF.t no garage, servants, quarters or outbuildings shall be scented on cold p•emis hffore said residence Shall have been cmplaGed,.'(provided, however, that toapora' a.r quarters may to sweated Tor workman angaead in building a residence on said gremi j bat so* teppo_raxy quarters mast.be removed Sn won as tha;residenoe is aompletelj, nceshall any Structure be erected or allaned on said premises whfoh in nm cosigned, built and maintained exalaoively for private residence pwposes, exoep Ling suds oust- emary outbuildings as Shall be designed and erected for the purpose of making the EXHIBIT S 737 I lye of said promisee fan residence parpoosa more am%I o lftnt, , The feragoing restilat-t ions shall be oonetiued a• applying to dmd pfoirafLng the erection or maintaining ' G — it'wemlesa of agy'hOYeI`;"apartment house, Doareing hoaac, lodging homes, E eneaant Taose, aaaltarloa, doable 6oMe, a$br er D1+1 boats, but these igwt engm- eratinae shall not be ooastraed as llmiting In Sup two* the general ooadition again i the ereatien ar ewlnbavane or'soy stradtera ether Jima a ra¢idenos sith eu:tamary eat buildings. Any garage br strastari not ionaNtid vith the residence u am intdg-i sal part thartaf shall be related •not nearer thin'TV'Obty (20) Pest from MAY toandary lLao'fa laid pro" ism, provided, hosever, that ihl,' etplotted on to•liaattan a garages aad/or•obbar; sirvetari not as as integral part thereof may be mats° nor modified, by the, ar0htteetaral saperslsing;•eammlttee herein- -.; SRaf�;r•� . -. _ _ L ..... .,' . .. _ after provided fn'.,'l�o.apfidanos`nhmll .Ds Greeted on •thr a'tite donorihe`� lot den the ouLatde finlsba6 ln•.luber os rook md_�11•tosPe bhall Ge Mir. (E) That nr.riii Sense arseted an the pramltea 'nor apy'.part of a". look :eoldideG. Shall .a plaeed' cmarer any front Doradl � 'fbe:'thm Tway y.•tlSO . 1ua.a: r (25) 'f eqt,• war mhall•smy eaves or of harprileatlan:'fiiof'asid r�eeidarte`G: prglruAe:.i6� that a018 Droleottaper a perpandienlar therafgen iem�d•: strike, the �gresnd aemrar;to aryfront bon adary line of:.taid premlaes then Tmaaty.fiva A85) feet: Tien the areatio4 of oily residence ;ii anise "begun, port tharees`anst he prodeeated 4111gwily and it s suet be damp ieted-vt thin a reasonable Lima. Io twos,:wall,oa hedge over foor (4) -p f rq^yrdstea or "grams at aii]'phiae _Gil uid' Dromfaa■ nearer has Piftean (351. fest'.fron ,amy booIIdkly alne tbereof,-.pi?itided, howbveri. that the eastrlO. I :lays set •—'Lh ' .: 'paragraph ayr b waived or moutled-MA, IS :this lot :by the wild architectural sapbefi■1ng Ocnmitteo.� (o) T',at no more thim�two reefdeaoes 4t q time, together with the aforeaaid aazt� oinry ,u 0b�tld lags, 44011 to erected or alldaed an amid premises, (d) Tbat no Well for: the production of, or from whioh there is proauoed eater I (azoept water wells of doper for furndsUng water to said land and other lands in - ,the valley) oil or jai, -shall be da&w poperatid upov said oremtess;•noi shall any of vtioh is m fso Liltits tlie.oarrying on of any tr►dtng, maimfOota ing a, repairing Dn1nmxW,,�aor.'sha4,4L4 q'Poultry. stook aei■fapa�3,tPaALC',;d0g: Q, dat raialPg...mano,- Pyltortig:ar repml ,Dy■!ne■a.?r soimeaciak Daet�aed q!'sa�)Eini be a-,adnofed ,; ., ;� thereon No ezeavatf�m Sor stems gravel oa p O R� 1<� adq thgr■Onr NMI)lb_ £�one. Brar81-o,,� d aen6lDarap4 p-^•ids py(s>��gdter6ia i e..r fight at.amy lLe 4aizdavjta sad'B".ielXko on. semi, "satertal or Qepoal4• eytarfdl As et16.1ot. 1n'e ooaenifoh�rftli;ot'Y' 0!1►}t1A�' D.' A 3nor& fP . Leg,rsal4 Drnot and yho _aflaaY�;.,laapt osyeMd a nm►gt■� o! said irasbr - •l.nwt4hesi4aF:t�liela.aal. eai eiil■M�ahall. De;rente6 Oc-Leiiad,• rbiF..�T Vermin, o! Elheapfe8ydhtaaq'.ephpanro'mh ,by emy, sash. perepn smq, t rig me a •sarvy(i drlbag r:eliaivoly far 448,tdtdDDial paepome■. fit t dttReiic'.�a11 `776'adImp pled. bp•' any. poised �an r APSer piuvidgd 6i aopmPTI;O 'Ldllding and, "dPik'a dtttei,• this Vrev4sleR ,Got to apply'to aei'ran14• O r n" nor eny. Dors', or said, Re �iad'Dy the aomil;ttae hareln- `� y}y61Oeofurs{ mayerti U(d; aD'i-,'• , loyoes A ohs pframr act OTT � , tit ttiat a pmrl'sf maid .ppemfam n5sli,�bs�gasa+e. tee par➢Osa of .vanddng 1v-'I . I to¢Sea;Lng-llgcon:for�,hefermge.. fend ingshali:be dsa dire¢ ly . or under come evasive gains. -;. lion, . (g)- to building @,otlisn:.stFnaioAa sbe.Il.Ae,�looaS ed"end' eructed or;tpa.,#" thereof begun an said prmisas until plain end *pealfioations and location, thereof l . '* :' aIa11'haibY .l kapproae4'` �14iYg:.g5 rt�iiii}'"ehftentcoet'anpsrvising,.eotae hereinafter pro62dsd for("•_and. ¢ dopy otamcft'.'pis!is;ad *pea if foal!oiaOeakiom" filed with the.sommltted-,., It .agy,.instmO6,;.lhe, parehmer in rob satisfied "alth and not.silliing., to ablAot,byony.de0181on _Or,:'dragr, of, She archfteotveai."naperil Ila,M. ,�."; •YI oommharebt aolh, Lha, Darahaler may, silhin Len (yif 14 af4ar9i4psh� 4ef'•-Or` Qdcislon_ Sm's,i en'p. ,�s nt ,ths'�`t aLdonit o! � silsl dispb' days aT ,, .n�{,, '?��.y��*.d x�K i.i .� J�,'iR•Tl �� of the /marina IaiS lkaSa of drohitests td•islmb'end appoint e""aouwft4es of:Thrra (3) pereo:.s; lad ahon."mid committee is appointed. the purohuer mej, appeal to It iron the deoisien cr order of .Lh'o arohlteo,Lpr�al muperrvising domol tse u Saw hiob bye _ I .G0. v • loa_ram+wtio'mmbers of the committee of three sheij be final and bidding upon the parties hereto,Should no nzoh Committee De aDDPiated or should it fail tb ruder its demision, .within thirty (M) Aaya after the date ':.el J1I order or decision appealed from is give¢, then the order or fled ision of the arch tea supervising oolmmittee shall immediately become final and binding. _ (h) An arditeetuml supervising committee shall be, or has been created. The arohiteoturd supervising oommlttae shall consist of Sao membera, she diall be appoit ed by the President of the Desert Development Company or by some one designated aid rgo�ered by him to mate appointments in him stead. The President of the seeert Ievelo,ment Compaiiy m9V be a mamber of the committee, and he may fill vacancies In the ooaraittee and remove members thereof at hie pleasure, Should the President of the Desert Development Company fail for a period of fifteaa (15) days after an appoial meat ar appointments to mid committee should be made and after a demand made upon - I him in writ lag .Dy the purchaser to fill the Yaonuy or veaennd es thereto, to coin, m appointmed 'or npDOfatmemtn or to designate and empower some other person to mate such appointment or appointments and should such designated person fail sithin said last mentioned fifteen,(15) day period to mate such appoiatment or appointsante then such appointment ,or appointments may be We by 'any fsdg6 Of the SaDerior Court of Riverside doanty; lidt`ihoald said Judge of She adperlor-Cdarb of MITW tds'p'ounty fail to make doh appointmenit or appointments' within fifteen (15) days after bei,g requested in avitiag,,, to, to do by the pnrahuer, or should there be no Judge of the , .,. Superior, Court at: the''6lmd" an appointmeat' or. appointments it to be made by him, then the purchaser ahall'noE be obligated Lo. obtain -Shs:approval of: aald'erahltedLvr ai supervising gammittee to any plans or 1peciffoations a location for my bnlidlte ahla he is then propesingto immediately erect. on mid lot. The IenOtlan of-saidcsmmitte shall, be to pass apon,'approv'i or•rejedt amy"plahm,', sps63fiaation;. or looatibn far ntruCturaa to be erected en lot. Le add trap ,. o'-tiet all mtru En•ae d. all OndfMm , to the restrintiam. had to the genera,l''pisai;d seller, and of the, 9004:46e0e. I for"the lsgrovedda4 aid •development .of Qhi•,ea," x,;,i!Fat:'' lathing La.this paragraph A shall 'De .omstrued as authorizing or empowering the ocmnittee .o ohenge or aa1V0 f i any.rettsletlou set forth above aioept as heraWabove speaiflaally provided. the F an"Ittae'may, set by both of itt manber4, and any authorjxdtiod,approval or salver made ;by ,the ommtttee mast be in writing sipped by both its members thereof. Another function at Said committee shall be to supervise the planting. and growth of trees pn "late, in_zaid tract, and to Gazes the removal of trees which rmY Dave been.planted, In order 'to .prevmti, me lot ownerfrom planting, trees, oe allowing trees to 'Crew, o .that ths slew 21oh other lots may be sDstrnotad or lmpeirad. The purchaser hereby agrees fowablde by any order, of said ooamittee directing him not to plant any tree, or tp ea0� oat back or remor'e any tree which my have been planted. The agreS. Sent contained IS the last preoedirg,santenee shall be eonatreed as a oovmeat rum- !. ing with,tbe'land and not am a condition which might cause the parohuer'• title toI " be forfeited. the purchaser farther egress that neither the Seller' or the member• of said. alrohdteotneal :.snpnrvl4Ung sor�alttss, may at any time an t institute and Drosst in its nine or their namra, or the, committee may eanae to be instituted and pr oaeoata me is the name ofany member of said oommittss, any swab or snits which the Seller nr the Committee my consider adttsable in order to ompol, and obtain a decree for, specific Derfornenoe by the parohmser of his agreammt to r®are, oat down or out back any tree which the oommittee has ordered removed, oat dorm or out back. Should any saoh suit be instituted the purchaser agrees to -DAY reasonable attoromy'm fees ; fer'the, plaintiff's 'aLtomays, as Duty Sa'fixed Dy ffie Ooart. (1) It is further agreed by said purchaser that eaohead all of the sold rectri 'I. tions set forth in the foregoing v==1G .-he lettered (a), (b), (a), (dQ) (a), (g), and (h), (except the oovmaats relit jag to trees) shall, as between the parties hereto, their heirs, auooeasors and assigns, be deemed to be and oonstr;.ad as express oanditjone subsequent, upon e4oh of which this conveyance is made; that I it the said purchaser Stall neglect or fail to perform and Strictly ocmDly rlbh end keep the several restrictions an his part, or any or either 6f them, the Seller abovq named, or its cosoessor may at or,; time thereafter Sarve apoa the purchaser a oetlme Sa srjtiag speoifyin; the partioular or partioulars dn:shicb deimlt Ins been made, and ,dirRpt lug his to remedy said default , and should he thereafter for a Dertnd cc ' Sixty (BC).days, (time being of the essence of this provision) fail to fully end an titely, remedy smh bremah or default than a notice lnsriting may be Served wpm his by the Ssllar, notifying him that ffie Sall= elects that the title to the whole of said promises Shall revert to said 9ais ,end „thasenpel�y?d�o� title ;tin the whole' of amid premises shall immediately and without necessity of any further action an i 'the part of the said Seller,. revert; to and revest in the Seller above tamed and the .pL d forfeit. all of his rights,, title 'end '-interest'in and to rph4agr�,.a)mll 104e sa' the wD ol'e' of said pranl4m and to the jairavmento and fixtures 'thereon, and the 11I1I1I Seller.ohail heve.the'right- to ne-enter_ UDen said p-emises.,''Sgt 'no such rewersjon or fort6i4upw "mil 'render in.YZILA pr=oDerdte Sn 'agY,way'agal gat tbe.}Son of any ( mortgag ;.or deed of bast -Ivan am security f or'the per .Mat' $ a: debt which my 4 hari- I Eofore bate been ,placed upon asid•DroDenty is good fajta, and Lor valor , and uF=n `( weq'&a4h'reto .ice De f6rteiture the Selleraball take the title to Said -lot aub,p Stl ,. Qo nnY,'soch mw tgege r.. deed gf t�aet,. gut Should may, nGi mortgage sr doed: d! I ry t trust be foreclosed, L'_+ae the ti.le acquired 'a such Iforeclosure, aid the 9.4mon l or persona who thereupon and thereafter become tle.oaner_or miners of said premises, Shall be m1lb Ject to and bound by all of maieaotriaticns. (j)• Each snd ea of said sovenants,;rfstristfoam_ and igreemcotS she l,te; dem-ed and construed to be continuing ones, and� the extinguishment of any right of ro-entry or reversion,,,trr Draesh % shall adsa',x�',�..^.dfr'o"r iteo9 hny of .�si'Q,'.ptivp�asat,s'.or restrictions so far am any future or other bresoh L ooacerned, (k) Each and on of said covenants, ounditlons, restriction, and limitittmm ,-;-. ,hell cunt ides in lalhforeY&ds`' em- effect and be, binding until December 31eE, 1978. Furthermore. it at any time subsequeat�to the Yew 1965V I, and prior to theq .low 1970, the then owners in fie of a miyo�`'%ti"f at she aore"o-at- the icon included in said treat desire to ontiana the restrfaticas above a t firth, or any';bf tkami.be- yond the year 1978, they shall execute and aelmoeledge a deolantida-or other appro- priate document so that the same may be recorded is the office of the Conroy Recorder of tie county or counties in wbiou said treat 'nay bb oittmtad;aer, in-nha other Dime as der4s and other'doe®ehts aftsot Lng`the titles to real property in sad trest shoUd then be recorded • I t - `r. :�•,S. .. notice to _. so as to booms a hatter of publidd record ®d'ntice to the world, ahich declaration or dmanment shall. met forth the fact that all of Said re- strictions or certain eartioular ones, as .the case may be, shall be continued in fall Faroe cad stfeot for an ndditional period Of La anLy-flue (25) yens from cad of to fan ember 3Ut, 1978. The recordation of mush declaration ¢ document shall have the effect of no continuing the restrictions EI:Me1n specified until December 31et, 1 2003. !1) Saoh of the covenants and Weement■ made by the purchaser, and each mod all ^_eucrL a:nns ,^ Shall be binding upon the heirs, assigns and Successors of the pur- cFme:- end shall inure t o the benefit of the emoessirs of the Seller. (m) Tne purchaser asknowledgas and egress that said restriotiona,00venants, aa1 conditions are made and Lnposed for 'the'p t-ahass of carrying out, and pursuant to a general plan adopted by the,Seller for the development and improvement of the ehole • of said Tract, and are designed for the mettial benefit of every lot or Darnel in said. itreat, sod are imposed upon the premises heeeby agreedcto ba:oonveyed as a servitude in favor of.raild treat and each and every lot or uarael therein as the dominsnt tenmmert or tenements. it to expressly agreed that in the event any oovenant or condition or reatriotion hereinabove aontalned, or any portion thereof. v^ _cvalid or void, each invalidity or voidness shall is'no way affect any valid covenant, condition or restriction. So failure or neglect, however, long soatia4sd on the part of tiE,'Seilar to enforc, o ompliance'by'•D, he. porsheeer with —any term;,Ca9 meat or scant 41o4 4itthim ,agresgept j shall ever'd one t L$uki or to -construed as it *Uier of any such term; 607enant.& oomdi .,The Sell ar agreea that -it -Will insert'la,akl agreements hereafter made for, the sal ,of, mad deeds aomieyiag, lots.ia said treot',' geseriny.ilmila, remtriotiehe.aad pro- visions, ao far, as applicable, asthaae,aet. forth in the above PSr3graph'e.. I Thd word "Tract" ahepe7er' aced. in dhla :agt+semin4, and• Sri She reetriot�ou a' ,and . '`i':3` G�eamen ta. Lbepe in'dojntiatoed. still be, ,4seiiid at.t1•for, All.(ap0okea .a mgff.ered•and.' i Lreated as. ehadgh'tne iime read as 10146te '� ` � p�`p, ..' •�•0 _ •- 7.11 4 i (` 1 17 -T - .. Shati'p'oMiea ot!land'slSasEdd "ia,;lL¢°OonnLZ'eL Div ersi�e; SLp+a'ut-Ca2lf:mnip:'_-,. .,' . ' deseriDud.ea'iolloaa:'.•s9, That.;portioe, at the Bsst`beit ;17;}k of•ihe SeathsesL �srter (tiA}k of See4lon - - - - --- SSfPrnfa• oommenaing st the`.e0athe66b ebrnir.t aloC3 ths'.iaid Sooth-$oo' Aort h• 0�; $�Aµt;:1441.10' 3.i dt ia.&A express eondition.ir be neapons1010 or list to for 001. • sti➢slaties not set forth herein. 'nenever,in Lnlr deed the moo si leotioni •SEenPi .5ib8 felt:, 4he�,s•,^ .18ZO,to .test; .;'. fsGt at s "fait eytaaa Qie�.`tha OTtRtoa herA3n 411a1� 9ct ^. i*tl gr omits,• repY'esenthQien',: asemeAt, amdif idn or me Raeder is used ,it auall.alao bs,doostraed _ appiioebld. sta,�ap;,oi;vaa, y�+9��n.a�"�. __ .-, -, -- . a, quroherer it hall be oonsLreed a• if tke Card. had: hoes �iteed shern applioatle and in.twse the^a is more than min parObtsOr• - TO FA4E ADD TO BOLD to said porobssel, her heirs. or assign,; forever, but euDJeo to all reservations, ooveoents,.coaditions, restriotioos end/or agroementa above oet forth. IB nTDE63 .YMEOF, said corporation has caeaed its o,ovpovate name and seal to De. afflzed nnreto end this to jetoxeonted by its.prae,tdaat ant Seorbtar: `heTeanto doll :V, ort.ed this 16th day of dose, litg. MERT DE4ELOPH$R'T C"HPABY, (CORPORATE SEAL) By salter H. Horgan, president By "B.J, Bradner Secretary Address of Purehaser: •E�o, Eiemor. Graham Bouel St.. trances San Yrane iaeo.Cal. . '• j is. Eoi Angeles,; ) Couty. ut� ., _ . _ • . .. Aa:arY iiA tun. iyt'¢:.ay' of'�w1a, a.D.'i3iw, tofu.a w6, �•��, _ . reoidia$ therein,, du)y,'son"Piooed 3a4 ssotn, personally'ugg Rsiter'N' ifergtn, Laden So ae Do;ba theYreeldent and TTT B.s. Dreamer, knwo to Ra; to to the Dep?K V of the. Lesert,Devalogm6d CQmpsax. t the oorperation thgL,ersoated!t Meithie ins ttmdeatr YAosh to' ms'to es the yeipms f' vlhe exesaved the vd Wz i7stvvmaot. os Daha)t of thr eorporssion tnereia• uamal. end ae3oo&odge4t to me that sash etrpdratien exe0ot6f the alma t ' ai;$6S yF.*Ir^•ap, 1 have psreanto not w hamd.'defl )sS'`1Zei my afrlalsl seal i1iii . ttte d;y end year 1A t: 10 osrt3fleatx fdrsCbbcva esdbt*A. .. - Fool 0. Sdeards, ,etary Polito in VA !DY Baia �RCTARIAL SEAL) Opdpty sul state. iT 1552 i Resolved for reourd oat -a 19 is, lain A.Ma: request Of"48fr4rSid, Title Company. Copied in llook'No.J 786;of Deeds, page 560 at sag., records of Riverside Cowtv Call pass u.20 Jack A. ROSS . 'Recorder. i M*ipared: Copyist L.H.Hyde; ComparOr I. ThOmVMOA- 13 This must be in red to be a 'CERTIFIED COPY" I hereby certrty the foregoing �nstnunew t^ whreh his stamp has heen affixed conssnny �' ` ' t of � pages to be a full, true and correct copy of the original on file and i of record in my office s T—J, Assessor County Clerk Recorder %. County of R,ers,de, State of California OCT 3 n 2006 Date) — .- --- - t-�..to oe a y 'v ., ( 4 � Sze 3171 : DdSW?T DETaUIPME:.T CO. ) TO j CHAR DIED. :1HHL G. CAHAlrfIDL'AS ) ; DESERT DH9gLOP1H?'T 1101U4a, n corporation organized under the lava of the ••twee of California, nth its principal place of business at Loa ingn le a, California, ; I hereinafter referred to as the Seller. IL consideration of Ten (J10.00) Dollars, to it In hand paid, reooipt of which in hartby aoknowledfed, does hereby grant to non C. CARRi1TURS, as her separate property and referred to as the 2u chaser, the r-1 oroperty in the County of Riverside, State of California, described se follows to-Wit.l a.►t nvm.•.vlhat pertfodp,�L'parnii,bM-Dalf (1}) of the Sonthaeet eMyuarser of •.action 36, T 5 S. R 6 1. S.H.R. h R. described ae follows: degincing at a point on :La youth boundary of said !;action 36, which bears last 230 IreL from the one -quarter section corner on the said South boundary of paid +eotl0n 36; : rhen¢e D. 0. Ole s 250 feet to the trice point of beginning of the trait of aam6wta.a •dacerle.a: � _ 'ih°hoe east 405 feet; then°v ;t 0" 01, a. 165 fast; thence neat 405 feet; Thecae 9 0. 91' R. lg5 feet to the point of beginning. Excepting therefrom a ntr1D of land 20 feet in width off the sat and ..eat ride° 20 x used for road Durposes. ' .,.e abatt ep5zriesd treat of land contains 1.72 acres more or less. to taxes for the year 1926 and 1929t and to all taxes and aoaeaamsr,ts 1 etd o„+u+v.a :. -v rkind or nature levied now a lien against the said _. roperty. � :cb :e:. to the agreements, oover.anc e, ¢onllaoce, subae que:.t, and restrictions la refca. Ler set forth in paragraphs lettered (a) to (a) inclusive, wad hereinafter for ,.anvenienoe, all referred to as "neetr lotions.• d STu ITT IG.:3. (a) :hat said premises shall be used for ,,rivate residence purposes only; eo sir w. and nno structure of coy tied ahaii be moved izom any other place onto sold premises. �.o ear age, servants' quarters or outDu1101asuhall to erected m said premises oeare Ssld rnaldenae S=Ll bove teen completed ( provided, however, that temporary qu'.ttera may be erected for workmen engaged In building a residence On said premises, but much temporary quartera set be removed as Sian as the re S!dence is completed) nor .hall a:.y r.rua Lora as created or allowed on sell premises ,rich is not designed, built s d mf.inta,red excl lively for private residence purposes, ex¢ODting Such Oust Ovary . uc but ldl:.s at sha:1 oe designed ant ereoted for the purpose of making the use Of +nld prerloee for eilcer.ce purposes more :anvenlent. She foregoing restrictions shall to uonetruLd as appl, isc to an° preventing the erection or aintaininr. on .lard premises o' ,ny hotel, apartme:,t house, coardi:g house, lodgi,g house, >enencnt hou.ea, aanl:arinm, i• �0002fl"W; club, or bill befiTrItat'theee licr enomersticns shall not be construed ie ll.iting Sc a:.y degree the gener,l ancdltio: again St tro erection a: rnluteoance Of aLy structure other than a residence with asietowary ouibuildtnga. earage or struc.arw not concealed wiJ, the re.:ide,.oe as all integrsl part th¢reof shall oe lace Led not nearer ttan rv.e ty ,LO) .sec from lily eo..d„ry line oc said remise.,, . oatv�r, thou this rearrieti.u, as to locatlo! of garacas, aod/ or ithtr str.tctute �>t eon,.eocad with the ras�ide hoe as aannyypp�aeaerr��]],,,, jjtlersofgMy psWITSd Dr'mod¢.fied by the srahlte0tur61 +w ma. e�w J ,atpt„aLttRY.OSIFe4vh t"p�• _ .• .. -dery ev,g iommlctee htralnaftar provided for. NO realdecoe Shell be treat-4 on the agave desarlbed rot with the jutaide finished lc .umber or rook .,,,d all roofs °hall he °. EXHIBIT. C (b) That no residence erected on the premises nor any part of any stmh residence, shall be placed nearer any front boundary line of said premises than Twenty-five (25) feet, nor shall any eaves or other prpjeetioa from said residence protrude a.) that said projeetioa or a porpeadicalar therefrom would strike the ground nearer to any front boundaq lire of said prtalses than Twenty-five (25) feet. When the erection of a y reSidMOS is Once began, work thereon most be prwaaanLed diligently and it must be • completed within a reasonable tics. 30 faces wall or hedge over Soar (d) fret is height shall to erected or grown at any place DO said ptemlees DOarOr than Fifteen (15) feet from however, that Lhe restr iat iav set forth !a any boundary line thereof, provided, this paragraph may Do waived or modified as to this lot by the said architeatmal supervising committee. .a) That no more than two sesideDaee at a time, together with the afortmaid customary outbuildings, shall be erected or allowed oD Mid promises- (4) That co well for the production of, or from which there in produced water l except water sells of yeller for furnishing water to said lard and ,:than lands in the valley) oil or gas, Shall be dug or operated upon said premises, nor shall any maohlnery, appliances or structure aver be placed, operated or maintained thereon ( except from the production of water as above provided) the purport and object of which Is to facilitate the carrying on of any trading, manufactuing or repairing business, nor •ball any poultry, stook raising, trading, doe or cat raising, manufacturing or repalrt:.g business or commercial business of any kind be ooaduoted thereon. 10 exeavacty. for atone, gravel or earth shall be made thereon, unless the atena, gravel c• farm ce aged thereon, provided, however, that the seller reserves the rigl.t at any time to excavate and grade on said lot, and remove material from or deposit material on Said lot in connection with the work of laving out and imtr^vlrg said t^eot• and -,he streete, lanes, geg a:.d ee.:.mr.ts of seid tract. (a) That ,either the whole nor any part of said promisee shall be ranted or leased to any person of athaopian, 0hineae or Japanese design, n.- shall the same be occupied by any Such person axeepting as a servant or employee of the ?argon rating sa.i promisee ozolualvely for residential purpoeca. That neither the whole or try part of saiu premises shall be occupied by any person unless first approved by the oommlttes hereinafter provided to supervise bullding and known u the arghlteotural a!�ervie:ng committee, this lro-4.310n not to apply to eerva:a.a erd employees of the person approved. (f) That :.a part of said premises Shall be used for the purpose of sending fntoxloating liquors for beverage purposes, whether such vxrdiug shall be done dirootly or under some ev-give guise. (g) LD building or other atrutm•e shall ' locate, a,d erected 0- tat ereOLtam thereof begun on said promisee until ;:ens era spear 'estic J and 10aet10r. tote of shall have been firtt approved in -altio I. mchl .sotsral aupervlsin; committee hereinafter provided for and a eoc} of rtah (]ev .n_ eDa oiflea tiaue and location fl7ed with the committee. 11 Jr. try ::.aer^. , one purchaser is sot satisfied with etd not willing to ablde by a ) deo1310n o. other of the architectural mane^Tieing aumaittee Donotrni-ei .re arc pe^.; hereby acid, the onrohaser may, sithlr. .sL r10; da,s after e.oP t-lar or der:a:on is given modest the preuidert of ter local ahapter of tat .mac n0u. :netlt.ta of eroh'teote to salsit and appoint a eoaml'.tee of Threw ,3) a.d whw, said committee is appointed, the parohasor my apptal to .t from v fe the den:•lam.. order of the architectural suparvialrg committee is to whlah the pw-uhaoer` '1 ULU in dissatisfied. The committee of three may maul, sustain or modify such order or dooision, sad the decision of any two members of the oommittee of three shill be furl and binding upon the parties hereto. Should no snip. committee be appointed, ! I or should it fail to render its deOLSIOc within thirty (30) days after the late the Ii order or decision appealed from In given, than the order or decielon of the architect: supervising committee shall immalietely boom* final and binding. (h) an architectural supervising eombeittiw shall be, or has been oreated. Thy arahiteatural •¢y�� wittse shall consist of two members, who shall be ' -+'MA)�Dr•.;, , +'met'<, b.,� ..,.. .., appointed by the president of the Desert Devclopwant ,00mpaay or by some one designated ; Ili r and empowered by him t0 wake appointments in his stood. The President of the Desert i Development Company emy tis a rater of the oommittee, and he may fill vacancies In the eoaeittee and remove members thereof at his pleasure. Should the President of the Desert Development Comy"y'fall for a period of Fifteen (13) Aays after an appointment or appointments to rid eommittoe should be made and after a demand made upon him in writing by the purchaser to fill the nOmoy or vaoaaoiea therein, to make such appointment or appointments or to desiguato and empowos some other person to make such appoiutment or appointments and should such designotod person fail within said lax'. mentioned Ffft-+n (15) day period to make such appointment or appointments then such appointment or appointments may be made by any judge of the Superior Como of alveraide County; but should said Judge of the Superior Court of eiverside County fail to make push appointment or appointments within Fifteen (13) days after being requested in writ.n'r eo to do by the purchaser, or should there be no Judge of the Superior court at th, time an appointment or appointments is to be wade by him, then the purchaser "all cot be obligated to obtain the approval of said arehlteotwal supervising aor144ee to any pima Or speaiileations or location for any building which he is then profosing to immediately erect on aald lot. The function of .raid committee shall to to pass upon, approve or reject arg plane, epacifloatims or looetlor, for etruotures to be erected on lots 1.. said trbot, so '•het ell isruetureo etwll conform to the restrictions and to the general plans cf the seller, arA of the committee, for the Improvement and development of the whrlo tract. :lotbing in this paragraph stall be cone t. ,.c• ss authorizing or empowtring the committee to change or waive o•y j restriction set forth :-hove except es hereinabove specifically ;rovldod. '-he committee may eat by both of its members ems! any an thorl2at io¢, approval or :•a leer made by the .I. oommittee want be in writln`'algaed by-MiritI asi%re thtroof; onotht!"Yhnetiea I of said oommittos chall be to suyervite the planting and groeih of trees on lots in said, tract, ind to cause the removal of trees which may have been ;'sated, in order to prevent i no lot owner from planting trees, or allowing trees t0 grown, ra that the view from other lots may to obstructed or impaired. he purchaser hereby erraes to ahldw by any order of said committee dlreetirg him not to plant nay tree, Or to out down or out back or remove any tree which may have been pleated. The agreement contained in the last proead!i.v e ecoonae e:.all be aons.rua,1 as a o-ve�ant run .ing with the lard and not an a condition .•t.1a1, -eight cause the purerascr'a tole to be forfolted. fhe purchaser further &greet tb%t either in, seller at the merbers of said arohlttatural e•.werviaing oommittee, may at ar.y it,,. ,:.etitutt and ;r-•oaouts Is its name or tlwir names or the oommittee may Crew to oa I..etltuted trd orc_ocatad In t�•• lama o: any mo!ber of neid any r17 s:zu suit or suite which the +eller or the oommittee may Consider advisable In order to o oampol, and ob ain a decree for., apadific performance by t" ,urcbeaer of his agraemect to raaove, oat down or out beak stay tree which taw oomalttee has 01 roe removed, out down or oat bask. Should any Bush emit be lnmtitmted the pmrohsteer agrees to pay reasonable attorney'* fees for the plaintiff's attorr.eys, am may be fixed by thel Court.- .(t) It im SLrthar agreed b,, rim q*�s hesar that each and All of 1110;meia,,- restrictioa eat forth in the foregoing paragraphs lettered (a) (b) (a) (d) 10) (f) (g) and (h)-(,gzeoptjsg.the oovenante-y'eLtiad, to. trees). small u.aa tmeeaaW�.+Omrhiea i hereto, their- holsr saseaeer* and a*slgmmy-bo dt*mad to be and eusstrmad'/Wezjreo conditions stbse;wet, upon each of which this convtyanae is made; that if said purohae shall neglect or fail to perform and strictly comply with and keep the several _'rastriatlone on his part, or any or either of them, the seller shove named or his ewes ore my at any time thej:aditer serve upou the purohacer a notice in writing specifying particular or partloulare In whdoh default has been made, and dir*Cting him to remedy said default, and should he thereafter for a period of oizty (60) days ( time Joing of the easenoe of this provision) fail to }ally and entirely neady emote breach or default, then a notice is aritiag may be served upon hia by the Seller, notifying his that tam 1 seller elects that the title to tha whole of said promisee shall revert 1e said �sller,; • and trareupoc the ,title to the whole of geld promisee shall immediately sod without v,eoeusity of any =urther notion on the put of the said seller, revert to and reveet In the seller above oeaed and the purob"er shall lose and forfeit all of his rights, title U., :.'.@rest in and to the whole of said promisee and to the /sprovements and tfareon,'sad the seller shall lave the right to re -eater upon meld premiaes. iut no such :aversion or forfeiture shall render invalid or operate in any way agafmat the lla„ of any mortgage or deed of trust given m eeowity for the payment o: a debt whdah may twrotofore have been placed upon #aid property in good Ia1ch, and for v_lue, and upon any such reversion or forfeiture the teller stall tare the title to mid lot subject to any such mortgage or deed of trust. But abould stay such mortgage or dead of trust to foreoloead, then the title 90quired by such foreclosure, •. sad the De r@ac 'mr persons who thereupon a_d thereafter became the owns, cr the owners of eald pramisoz, shall be subject to and bCund by all of said restr:atlona. e lj) Each and all of said ooyenants, restriotlang ae,+ __ _._ be dsered and c:n,trued to be Continuing ones, and the ertlnvafanment of an,, right of re-*otry or reversion for any breach shall rot lmpalr or affect any 01 amid covenants or re..triotione so far m any future or other breach is concerned, lY! saoh and all �f said ooveuants, Conditions, restrictions and lialtatloua shall way'. nc 1_ full form and effect and to binding aatli December plat, 199g. furthermore if at any tine eubse4ueut to the year 196:,, and prior to tN year 1970, the then owners in fee of a majortty of the acresee of the land Included In enic tract desire to continue the roe.riotions above set forth or any of them beyond the year 1978 they shall exrute and eokno.ledge a deolarhtluu or other appropriate dooument ao that the same my be recorded i,, -to afflas of the County Reoorder of the County or aauatles in which saki tract cli be situated, or in euoi, ctnt plait as deeds and other doovmenog affectl,the titles to real property in said treat chunld then be noorded so as to seoorze a onttar of [ublla record rd ,.jtioe to the worll, winch deolaretlan or Soc,.nef.t ut,a;, set tortr tc. Snot that all of said reut:l0411ra or or:ta., partioular ones, an the tree may be, ennll be a,..tirued in f7,aa and .ffoat for .i, aealtlo,,.1 `' +� 321 i T t five (25) ears from and after December Slot, 1978. the recordation of each period o asn y- y declaration or dooument shall have the effect of so continuW the restrictions, „y„I therein specified until December 31et;tbP003""t" IIi I (1) Each of the OOTG=dte and agreements made by the purchaser, and each and all " rratrlctiom' shall be binding upon the heirs, assigns and successors of the purchaser and shall Inure to the benefit %f the runoossora of the cell" - (a) The purchaser aoltnowledgas and ogees that said restrictions, covenants ` and conditions are made and imposed for the parpoas of oerry inr out, and pnrsasuf to 7 a general plan adopted by the seller for the development and Improvement of the whole of said treat, and are designed for the mutual benefit of every lot or poroel in saidi '1�-- treat, and are imposed upon the prem..eee hereby agreed to be conveyed as a servitude 1 In favor of said treat and each and every lot or Darnel therein as the dominant tenement I or tenements. It is espressiyaagreed ttat in the event any covenant or condition or restrictions hersinabovs contained, or any portion thereof, !s invalid or void, sunh Invalidity o admen shall ih As way affect any valid covenant, condition or rsstriotion. SO fellu.•r or neglect, however long oontlnued oe the part of the Seller to enforce compliance b;, the'purohaeer with any term, covenant or condition of this agreement stall ever constitute or be construed as a waiver of any such term, covenant or condition. yhe tiler agree., that it will insert Su all agreements hereafter made for the pale 01, and deeds oorveying,lote in said treat, generally similar re atr iotians and provielore, ba far as applicable, as toned set forth in the above paragraphs. The word -Treat' whenever used in ty..is agreement and to tt.s restrictions it cad agreementa therein contained shall be deemed and for all purposes nonsid Bred and treated an though the same rand as follows: That portion of land situated in the County of itiverslde, State Of Californ2aa described as follows: That portion of the -act half (NJ) of the Southwest quarter (s'at) of Section 36, 2Ownah'u 5 South, esnge u -eat, S.B.B. d Y. P.iverside County, California, oorucanoing at, the Southeast corner of the Southwest quarter (SWi1 of said aectfon; i:hwos a at along the said Scutt, boundary of said Southeast quarta r, •s eE 1319.55 set; thence .forth 0- E' 1771.10 feet to a point; thence Last B9° tt' Meet 13-0.10 feet; thane South along the Last ooundar, line of said Southwest quarter to the pole of beginning. It is an esprees condition of Chia conveyance that the grantor hereir. Mall not be repsoneible or liable for any promise, representation, agreement, condition or Stipulation not dot forth herein. "henever I!. this deed the masculine gander is need, it shall sled to oonstrued as If the leminlne gander had been used whenever the feminine gender would be applicable Snotead al the maaoullns. Whenever the singular is used in referring to a �nrchaiar it shall be oonstruel as 11 the plural had been load where applicable, and ' arse there is role LN.r. one purchaser. :0 PAU a.IL TC ;'0' t. Enid Granted as her separsta proparty out aeJ;aat to ` I47 t� all redurvktlons oove._nnt' .lone, rewtriutlons and/ or ad oemeose ahove ,et forth. IN WITNESS wn=?, said corporation has caused its corporate name i$d`'aeal: ant to be executed by its President and Secretary to be affixed hereto and this instrum hereunto duly authorized, this 23 day of OOt. 19250 LAY (CORPORATE SEAL) i 3t&%*-Of California,. es. County of Los Angeles. , DESERT DEVELOPMENT COMP By Walter N. Morgan, President By B.J.Bradner, Seoratsry. On this'23 day of Oct. in the year nineteen hundred and twenty-eight, before Mel NOel 0. Edwards, a Notary Public in and for said County, personally appeared *ieltar F. Morgan, known to me to be the lreaident and B. J. Bradner, known to me to be the Secretary of Desert Develppmsnt Company, the corporation teat executed the within Instrument. and known to me to be the persona who executed the within .instrument Ou behalf of the corporation therein named, and acknowledged to me that such corporation executed the sass. WITNESS my hand and official seal. (::0'ISRIGl SEAL) Noel C.Edwards, Notary Public in and for said County and State. 11661 aeceived for aeoord Dec S6, 1926• at 30 Y:u. past S o'clock A.M. at request of uivereide Title Gompany. Copied in Book No.793 of :beds page 317, at ^^q•, records of Riverside County, California. Fees ft.00 Jaok e.uoae, ae m rder. I .1 Compared; Gopyiot L.Thompeoo; Comparer L.K.Hyds. dol. Th'S eruct t— Ir..Ad in t)e a C;-TiFiED(,OPY" h r�ryon,�nsU 71 7 fin file and of re,ord ?n my .;".Le ij Assessor County Clerk Recorder " ]e Slab f , Al 1 3 2006 = _- r- .. �. 2 od H a r 40 P' 0 P W4 *4 _ .. .1 AIR ■ -P t @ ��i p o M -P [ m o 0 W .r ,1 d W rl � It ■ V OHO o � a ,pp � P O O 4 42 0 O B P d t0 14 s! s4 Cie '� A 4� -P N .• d 0 C yg - -M a al �Ql " _. i to �l "irr�fyy +kept �r 10, ARP Y if of t!i �: ,.ka• a,�y of ;t^:■, ?�a�=sib . o $ .w sl v �1 O P *A i4 ■ O m 4!0- gP Ci 0 .- as'► a .e d! -P it �° � .(� "� ' ; �� ' ail' '' ' •�', 0 m a 4 o, O W H E HH tlp..: m 40 a Is o WIN -I__- ____w e 1; o H V The above described treat of lewd contains 1.23 wren more or Less. � _ Sabject In taxes for the year 1928- and 1929 and to all taxes and awasomeat- end obarges of every kind or nature levied, now a lien against the said profs rty. ` SOEJDOT to the agreements, covenants, aonditiom, subsequent, and restrictions hereinafter act forth in paragraphs lettered (a) to (m) Lnoluslve, and hereiafter for convenience, all referred to as -restrictions I , I E$9TEL6T10SS. (a) That aaldpremises shall be seed for private residues purposes only; land no structure of any kind shall be moved from any other p onto said premises, ! That, no garage, servants' quarters or outbuildings shall be er' ted on said pro ieoa before mid residence shall have been mmpieted; (provided* however, that temporary quarters say be aeesLed for workman engegel in bnilding a residence on said promises, ., but such temporary quarters must be removed an soon an the residence is completed), I nor shall any structure be mooted or allowed on said prmises which In not designed �n built and maintained exclusively for private read dome purposes, excepting ouch o4tomary outbuildings as shall be designed and erected for the purposeof making the One of said promises for residence purposes more convenient. The foregoing reetrioti ms shall be o metrued as applying to and preventing the erection or maintaining on said f, p•emLsee of any hotel, apartment home, boarding home, lodging house, tenement home, mnitgrium, doable home, club, or bill board, but th, as last enumerations ,y i, shall notbe construed an limiting in any degree t! a general condition against the creation on maintenance of any structure other then a resddeme'with customary out- buildings. Any garage or structure not a mnoeted with the reei once as an integral part thereof, shall be located not nearer than twenty (. 20) fee from soy boundary line on said premiaes,provided, however, that this restriction )6 to location of garages, and/or other structure not connected with the residence as an integral part thereof may be waived or modified by the architectural supervising committee heroic. after provided for. No residence shall be erected on the above desoribed lot with the outside finished in Lumber or rook and all roots shall be tile, (b) That no residence erested'on the premises, nor soy part of my each reeiden_oe, shall be placed nearer any front boundary line of said promisee than Twenty five (25) feet, nor shall may eaves or,othor pro:estLon from said residence protrude so that agld projection, or a perpeadloalm therefrom would strike the ground nearer to any front boundary line of said premises than Twenty five (25) foot. 'Shm the creation of any residence is once begam, work thereon mast bejroseouted diligently and it must be completed within a reasonable tJoe. No temeel mall or hedge Over four �t (4) feet in height Shall be oreeto4 or grown at my place on said premises confer than Fifteen (15) feet from any boundary line thereof, provided, however, that the ,. restriotione sat forth in this paragraph may be waived or 'Modified as to this lot by the sai0. arc 6iteotural anDorvUipg committee. (c) That no more than twe residences at a time, together with the afm"AU customary outbuildings. shalt be *rested or allowed on said ire Mines. (Q) Thai no well for She production of, or from which there is produced saber, i I (except ".watenaall8 o&dollar, for lorr>lishiag water to udd ,Land and other lance i inAtls: Tali ey).e11: or, gas, �eba11 be:fl¢g-�or operated spud, salt uremduo, nor 6na11 -quy.mmhlns>yy, ,-applimoaa.or structnke aver be piacad,gllQra}e6, or mafntalnad thereon (except tan oY wwter-'so'above prori¢edT, the pb�se ma oDjest et I� which to to, facilitate the earrykag,on of any trading; waucfadtaring or repafeiag, business. nor shall any poaltr7,1 stook raising,, trading deg oe, cat eaie1ogy*m*1 factoring or repairing business or oommerafal business of asy kind be cosdoeted xw thereon. Be exgmvatian ter stone, gravel or 'earth shall tie� a thereon6'anieAe the stone, gravel or earth be need thereon, provided however, t1(at'the Seller reserves the right at any time to esoavats and grade on said lot, and, renal a material from or deposit material on said lot in connection with Ehc work o{f'leying out and im- proving said tract, and the streets, lanes, ways and esomenta of &aid (a) That neither the whole nor any part of said premises shall be rmte,� !r leased to any person of &theapian, Chinese or yapaneme domes , nor eball the some be occupied by any emh person exoepting an a servant or amp yee of the pare® using said premises exclusively for residential purposes. T t neither the whole u nor any part of said premises shall be occupied by any pore unless first approved 'ty the committee hereinafter provided to supervise building aDi knows aa'the arehit. m ectunal supervising committee, this provision not to apply top servants and employees of the person approved) (f) That no part of said promises shall be used for the purpose of vendlag in- toxioating liquors for -beverage_ purposes, whether cash tvanding shall be done direotly i a. or under some evasive guise. 0 " (g) No building or other stranbtre shall to located W. created or the erection a thereof began on a att premises until plane and speoifioatione and looatron thereof shall have been first approved in writing by the architectural supervising committee h4creimfter provided for, and acopy of each plans and specltiontiorm and location v; filed with the committee. It, in any instance, the purchaser is not eat isfied, a with and not willing to abide by any decision or order of the prohitmtarea supervisti dommittee concerning the property hereby sold, the,purohsser may, within ten (10) days after such order or decision is given request the president of the i:o^w, chapter of the American Inmtittte of Architects to select and appoint k committee of Three �(Lf!; persons; and when said oommittee is appointed, the pur"ar may appeal to it + from the deoielon or order of the:arohitectural supervising oommittee as to which the purchaser is diseatietied. The committee of three may aaaal. Sustain or modify such order or fleoieion, and the decision of sqy two musters of the committee of three shall be final aid bindingu the upon h� parties hereto. Should �1� such committee be , A appointed, or should it failAo render its decision within T rty ('30) days after the date the xder or decision appealed from Is givea, theme the der or decision of the n architectural supervising committee shall Immediately become Dull and binding. in't•(h) An architectural fapervising committee, shall be, u hew been created. The, i architectural supervising oammittee shall consist of two memnbrsj who shall be II dppointed by the President of. the Desert Development Company or tly ®ens one 6eslgn'at+ f(` 1 r and empowered by him to make appointments La his stoO.., The Prem�deni of the assert I I Development -Company nay be a member of the committee; and he may`fill vaaanoleaa 'rw In the committee and remove, members thereof at hie pleasure,), Should the Pree84.ent of the Desert •Dayplopment,-Company, fall *r a period of FLOsen Ob) ;daym`aftsr an ti appointment or, appointments.to said •eomuittea-should,Vo.°made! mi*d-after, a demand -upon him' - in writing -by the purchaser, to, fill, the vao'aney or ►aMsa4iee `therein, to:!aelis ;� h w' sush.apAoiatment, or appointments. 4k. to 44sigost'e'ma4'appsner eome'otheE' porsem.'ySo,', I ��r sake+aeon tppoidtpeat�or appoln6tentn, andShoul4'aaol,disignptia:PWeon feiitwlthin ry G r 'i amid lamtfzaatloned"Fifteen (15),11ays period to make much, appointment 'or apppintmenta then slash appointment, or appointmante-may be made by any judge of the Superior Court "of Riverside County; but -should said Judge of the Smpa.rior Court of RSverRIds"6 o'usLy fail to make Bush appointment or gppointments wbthln Fifteen (15). days;aftaIr hair& reQaesbed; in writing so to do by the pnrohuer, or should there be no Judge ef,the,, Sinverior?Court at the Visa an appointment or appointments is to be made by him, othea`tbe- purchasershallnot obligated to obtain the approval of said architectural ,p supervising Committee to say plan* or specifications or location for any building �whdoh.hw,Lo then proposing to immediately great on said lot. The function of Bald committee shell be to pane upon, approve or reject any plane, spepifications or lycatian:tor strootures to be greeted on.bts in amid trust, so that all strustures I ehall,,00nform to the restriotions, and to the general plane of the Boller; and of the committee, for Its improvemeni t and development of the.'whole treat, lot" in this 'paragraph shall be aonstrued an authorising or empowering the acmmitt._n to change or waive any restriction set forth above except as hereinabove specifically provided. the Committee may act �y both of its members and any authorfsatton, approval or waiver made by the a ittee must be in wrltdng signed by both its mem- .bere thereof. Mother function reaid committee Shall be toneupervise We planting- and ,growth of trees on lute in said tract, and to cause the removal of trees which may have been planted, in order to prevent one lot owner from pladtLWtraea, or allowing trees to grow, so that the view from other lots may be obstructed or impaired. The purchaser hereby agrees to abide by aqy order of Said committee directing him i not to plant any tree, or to out down or ant back or remove any tree which mV have been planted. The agreement contained in the last preceding coalesce sb411 be men- _etrued as a movement running with the land and not an a oonditioa which might us.oee the purchaser's title to be forfeited. The purchaser further agrees that neither the Pe11er or the members of said aro.,hiteatural supervising committee, may at any time Imam tote and prosecute in its name or their names, or the committee may cause to be 'instituted and prosecuted in the name of any member of said'oomaittee, any suit or suits which the Seller or the committee may consider advisable, in order to compel, I' and obtain a decree for, specific performance by the parchaser ofi.hia agreement to remove, cut down or out back any tree which the committee hag ordered removed, oust down or out back. Should any such suit be instituted the purchaser agrees to p® reasonable attorneys fees for the plaintiff'e attorneys, as may be fixed by the court, (i) It is further agreed by said purchaser that each end all of the said re - striations set forth In the foregoing paragraphs lettered (e), (b), (o), (d), (a), �! ('!j, (g) and j'h) (ezmepting the covenants relating to trees) ahall, as' between tle y patties'hirste, thaLr heirs; awe ensure auk assign be deemed to to and construed ( asexpress.00ndttions, aubsovenj, upon each of whiohthis oonveyasbe is, made; that ifs the said purchaser shall asglOat Or2. a11 tto'perform and etriotl.y oomply with,and n - , .. , keep the:several restrictions on bin part,orrasy,or 6M*V of'thef, the,, Seller above ^' named, or him $aeceseor may at any time, thereafter -serve 'upon the-pnigheear a not Se`a in writing apeaifying the;particular 'or particulars in which defanl,t has Deea;modn, and ,directinghIi fieMOdyaaiddelimit, sad-ghogld,he'ther_eaRertos.d,period'o! sixty, {ao)- 6ays, tplme teing.-sf the s.q noa of-rb>iier provIsIajo) tail t4 zw.}�y,w6 � "ant lr sly remedy each V;es�h ,or 64fsult them a'ae iam;1pxrii}ag may bkfe�ricd'opou kin bq-the 3811er;: `notifying, his ythat hhs SAllAr; elaet�a 'tMV-thetls'to tke wtiole a 74 v I; of said premises=ahail revert to said Seller; and thereupon the,titls,,to-fhew?thois it ot'seid premises shall immediately and without necessity of any f¢rther:eutgosi on !1 the part of the said Seller,`revert to and revast in4hs Seller above, the purchaser shall lose and forfeit all of his right, title and SatervxV Sn`emd' to _ .the whole of Bald premises, and to the improvements and fizt¢Fes thereon;"end the j ,I Seller, shall have the right ;to re-enter upon said premises, ',But no.saoh' reversion or forfeiture shall render invalid or operate in any way against thS lien"of any mortgage or deed of trust given as security for the payment of any debt ihidi WW theretofore have been placed'apoa said property in good tadth, and for value, and upon say such reversion or forfeiture the Seller shall take t title to said lot, subject to any such mortgage for deed of trust. Bat should say such mortgage or deed of trust be foreclosed, than the title acquired by Such frealosare, and the person or persona who thereupon and thereafter become the owner or o' of said promisee, shall be subject to and bound by all of Bald rea(j) Each and all of said oovenants, restriotSane and a[ore cement* shall be deeme and construed to be oontin¢ing ones, ant the extinguishment of env right -of re+entry !j or reversion for any breach, shall not impair or affect any of said oovenan%GWOr 11 L1 restrictions so Par as any fu$ara or other breach is concerned. it '> (k) Each Bad all of Bald. covenants, .conditions, restrictions, ea limitations, I Ij I; shall:continue In full force jnd effect and be binding until December Slot, 19,18. Furthermore, if at any time subsegnent to the year 1966, and prior lte the year 1970, the than owners in fee of a majority of the aoreage of the land included in Bald treat desire to a ontdnae the restrictions above set forth, or any of them, •� beyond the y yam' 1978 they ahB,ll execute and acknowledge a deolaratim. or other appropriate document so.that �he same may be recorded in the office of the County Re, Border of the Bounty or counties in whioh said treat may be situated, or in emh other place as deeds and other documents affecting the titles to real property in Said treat should than be recorded so as to become a matter ofpublic record and J ., notioe,to the world, nhioh declaration or document shall set orth the fact that ell l of said restrictions, or oertain parvioalar ones, as the case_"ay be, shall be o m - tinued is fall tome and effect for an additional period of twenty-five (25) years from and after December Slat, 1978s The recordation of amok declaration or document 1 shall have the effect of Be continuing the reatriotiom therein specified until j December 81st, 2000. (1) Each of the oovenently and agreements made by the purchaser, bin each and all. it "restrictions" shall be binding upon the heire, assigns, said successors of the pur0ha er II ! and shall inure to the benefit of the successors of the Seller. (m) The purchaser acknowledges and agrees that said'reetriations, oovenante,, I i ,F and conditions are made and dhiposed for the purpose of carrying out and parsuset+ ICI i :to a general plan adopted by §he Seller for the development and impmvements,of the .I whole of eaifl tract, and are designed for the mutual Dani1L of agars lot, or parsel �.�. in said treat, and are imposed upon the p H pr®Saes hereby agreed to be conveyed Be a servitude in favor o2 said treat and each sad -every lot or parcel therein as tho ! I dominant tenement or -tenements. It is eipress•ly, agrae4 then in the event may oovenaut or.00adttion or'restriotion 1&reinabove 4eatain041, or say' portion.thereof, is invalid i I or; void; each llnvalidlty, or, vAdaeaa, shall, in :ho; may afloat any valid oavant condition? or"beau:lotions; -Cr..'� i ;J i'• 11 No !allure or, neglect, however long continued on the part}"of the to enLoroe oompliesoe by the purchaser with any t0m, Covenant or condition of this I �� agreement shall ever Constitute or be cohatrued as awiiver of asy Bush term,oovenant� or condition. The Soller agrees that it will insert in all agreements hereafter made for the sale of, and deeds conveying, lots in said tract, generally similar rest lotions it t Ty and,goviadons so far as applicable an those Bet forth is the at{iove paregrgplU. The word "Tract" whenever used in this agreement shall be [deemed and for all .� pnrposea considered and treated ma though the same read as follows; �! . That portion of land eft Get ad in tie County of:Riveroide, State of California, described as follows; ^ That portion of the East ' sit (E}) of Southwest 1 � q""Carter ($T}) of section 36, Township 6 South, Range 6 East, S.B.B. J, M. Riverside County, California, commencing, at the Southeast own" of the Southwest quarter (SW}) of said section; thence West along the said South boundary of said Southeast quarter, West 1419.66 feet; thence Korth 0" 2T W. 1771.10 feet to a point; theme East 89" 591 West 1320.10 feet; thence;, South along the East boundary ;Line of said Southwest quarter to the point beginning. It is an express condition of this conveyance that the Oraptor here ;shall nut ! be responsible or Liable for any promise, representation, agreement, oonditlon or stipulation not set forth herein. Whenever in this deed the masouline gender is used, it shall also be oonetrued an if the feminihe gender had yeen used wherever the feminine gender would he appld- 6 ' I Gable instead of the masculine, Whenever the singaia number Sal need in referring to a purchaser it shall be construed as if the plural had been ,-,ued where applicable and in case there is more than one purchaser, TO RAVE AND TO BOLD to said Grantees in Joint tenancy, but subject to all reservations, Covenants, oondii Ions, restrictions, and/or agreements above set Lorth.,!I WITNESS my hand this 7th tay of Jane, ,1928. W.R. Morgan Walter H. Morgan t STATE OF OALIM MIA County of Lou Angeles On this 7th day of June, in the year nineteen hundred and twenty eight, A.D. before me, B.J. Drainer, a Notary Public in end for the said Oounty of Los Angeles, State of ,Calif orniai residing therein, duly oommisatore d and cause, personally appeared WALTER i.MORGAN known to me to be the person *home name is subscribed to the within instrument and acknowledged to me that he ex"ated the Game, IN WITNESS WHEREOF, I have hereunto met, my'hand and -affixed my official seal the day and year in this osrtilloate first above weliteui N.a.' BpaQ,mOr, . (NOTARIAL REAL) Botary'pibllo=in and for the oocaty of,L y:,1Cl�dlgyt8bhte' of Oaliforsia. r vy I r 40 � 4 I 40 1� Ed year 2 1 L to ` [ �a a - 0 i O f 62 O dm go o f4. 4 �w id a sa 0 C4 64 14 IQY V •w m fd to W d ' 0 9 O f3 W Received for record Sep 166 1931 at 46 Min, past 9 otolook A. M. at request of Riverside- Title Company, Copied ih Hook Roo 44 of Official Records, page 290 at seq.p R000rds of Riverside County, Oalifornla. Fees $1.9.0 Jczak A. Roes, Recorder Sy F. S. Row, Deputy Recorder. Compntred% Copyist, Me Alrick; Comparar, A. Lamkin -o-o-o-a- q� `1 l I DESERT DEVELOWNT COMPANY ) C aPMATLON C;UIT CLAIM DEED CYRUS PEIHCR ET AL ) DESERT DEVELOPMT CCMPANY, a corporation organized under the laws of the State of California, with Ito principal place or business at Los .Angeles, California, In consideration of Ton Dollars, to it in band paid, receipt of ehioh is hereby acknowledged, does hereby remise, releasa and quitclaim to CYRUS PSIRCS ALM MAUD RRID PRIHCR, his wire, as joint tomato with right of survivorship, the real property in the County of Riverside, State or Califora s, described as That portion of the East onie-half (S*) of the Southwest one quarter (SWJ) of section 36, T. S S, R. 6 It S. R. S. & N. described as tollove. Beginning at a point on the ono -quarter auction line from'which the one - quarter corner on the South bsun" of said Section 36, bears S. 0° O1l E, 679.9 rear; L o 3 Thence iiaat 230 teat; Thence N. 0° 611 W. 215.1 feet; Thence Rast. 250 feet to the one -quarter auction 1110e; Thence S. 00 ol, S. on the cue -quarter section line 215.1 feet to the point of begianing; Excepting therefrom a strip of land 20 feet in width to be used for road purposes. The above described treat of land contains 1.23 acres, more or less. SUBMT to donditlons and restrictions contained in that certain Deed of Grant executed by UIMM H. MCRCAN, a single man, to CYRUS PSIRCB and MAUD REID PEIRCE, his Wife, as joist tenants with right! or survivorship. . SUBJECT ALSO to taxua, assessments, ellosements and rights-of-way(f,re"g G TO HAVE AND TO $OLD to the said grantees in joint tenancy. IN ;sMMSS WHMOF, said C0ro0n3ti01kj as caused its corporate name and seal Thence S. f - Ilt Ts, on the one -quarter aectiot, -ine 215.1 feet to the point of beginning; Excepting therefrom a strip of land 20 feet in ridth to be used for road purposes. The above described traot of land contain# 1623 acres, more or lose. SUBJECT to dondition# and restrictions contained in that certain Deed of Grant executed by WALTER Hs MCROA@t� a singl# roan, to CYRUS REIRCE and MAUD REID PEIRCE, hia *ife, as joint tenants with righI of survivorship, SUBJECT ALSO to taxes, aooeaamentep 0*006ments and rights -of -way of reoord. TO HAVE AND TO HOLD to the acid grantdes in joint tondnoy. IN 7;MM4B 1iHMOFO said Corporation too caused its ooroorste name and seal to be affixed berato and this instrment to I exeouted by its resident and its Secretary tihareuhto duly autborised, thin Oth day of Sept, 1931. DESERT DEPELOFWNT COLTANY (CORPORATE SSAL) By Cyrna Peirce$ President G,Erue Faroe By B, J. Braduer, secretary. e. J, Bracher 292 202 SUte of California ) ea County or Los Anples,) 0a this 5th day of September 1931 before ma, idward T. Sharer, a notary Public in and for said County, personally appeared Cyrus Peirce known to me to be the President, and Be is Bradner known to me to be the Secretary of Desert Development Company, the corporation that exoutad the w3th1A and foregoing instrument and known to me to be the psrsawfi�who executed the within Instrument on behalf -of the corporation therein named, and acknowledged to me that such corporatim executed the sa=e. nITNSSS my hand and official 5091 Edmwd•T. Sharer (NOTARIAL SgAi,± Notary Public in and for the County of Los Angeles, State of California. 862 Received for record Sep 16, 1931 at 45 On. past 9 o'clock A. M. at request of Riverside Title Company, Copied in Book No. " of official Records, page 291 at seq. Records of Riverside County, California. Fees $1.20 Jack A. Ross, Recorder By S. B. Row, Deputy Recorder. Compared: Copyist, V. Alrick; Comparer, A. Lamkin -o-o-o-o- IN THE 1wICIPAL COURT, CITY OF US ANOEMS COW= OF Los ANGEIZS, STATE CF CALVORNIA. 63 0, :.LLIS FRY ) Flaiatifr, } IXHIBI� S.T.B. Notary. MTRD7TION8'" (a) That said premises shall W used for private reaidenoe..purposee on;y;"-and" no structure of any kind shall be moved�from� any other I plaoeonto said,=premi,ge's. That no garage, servants! quarters or, outbuildings shall be ereoted on said- pcomisea before said residence shall have been od* Utad; ,(provided, however, that temporary quarters may be erected for workmen "engaged.i"n building :a residence.'on �remisea U _ i U but such temporary quarters must be removed as soon as the residence is-,c =Pleted) nor shall any structure be erected or allowed on' said. premises which is'notAesigne RESTRMTIONS (a) That said premises shall be used for private residence purposes only; no structure of any kind shall be moved from any other place onto said premise That no garage, servants' quarters or outbuildings shall be ereoted on said prei before said residence shall have been completed; (provided, however, that tempo: quarters may be erected for workmen engaged in building a residence on said prei but such temporary :;uarters must be removed as soon as the residence is acmplet< nor shall any structure be erected or allowed on said ;remises which is not dee built and maintained exclusively for private residence purposes, excepting sucb customary outbuildings as shall be designed and ereoted for the purpose of makin use of said premises for residence purposes more convenient. The foregoing rests shall be construed as applying to and preventing the erection or maintaining on premises of any hotel, apartment house, boarding house, lodging house, tenement sanitarjum, double house, club, or bill board, but these last enumerations shall be construed as limiting in any degree the general condition against the ereetio maintenance of any structure ot'nor than a residence with oustomar¢.,outbuildings. garage or structure not connected with the residence as an integral part thereof be located not nearer than Twenty (20),feet from any boundary line on said premi provided, however, that this restriotion,as to location of garages;, and/or other or modified ty the arohiteotural'Supervising comittea ,ceiaefter provided tor: fI No residence shall be erected on the above described lot with the outside finished inj lumber or rook and all roofs shall be tile. art of any such residence': (b) That no residence erected on the premises, nor any P id premises than Twenty-five (25) shall be placed nearer any front boundary line of so ; feet, nor shall ac19 eaves or other projection from said residence protrude so. that i said protection, or a Perpendicular therefrom would strike the.grouad nearer to Say feet. When the creation front boundary line of said Premises than Twenty-five (25) of any residence is once begun, work therein must be prosecuted diligently and it must time. No fence, wall or hedge be completed within a reasonover four, (4) feet in height Shall be erected or grown at any Place on said premises nearer than Fifteen; �I however, that the restrfastions (15) feet from any boundary line thereof, provided, set f orth in this paragraph may be waived or modified aw to this lot by the said architectural supervising oommitteo. (o) That no more than two residences at a time,-togeaforesaid ther with the shall be erected or allowed on said premises. customary outbuildings, oduction of, or Yraa which there 1a Produced water (d) That no well for the pr vaster to said ]and and other lands in the (except water wells of Seller for furnishing i I nor shall any valley) oil o r gas, shall be dug or operated upon said premises, d operated or maintained thereon appliances i machinery, PP or structure ever be pieceand object of,whioh (extent f or the production of voter as above provided , the purpose manufacturing or rap airing business is to facilitate the carrying on of any trading,or nor sball any poultry, stook raising, tradingg.dog oat raising, manufacturing kind be conducted thereon# No or repairing business or commercial business of any unless the Stone, gravel excavation for stone, gravel or earth shall be made thereon, or earth be used thereon, provided, however, that the cellar reserves the right at eny or it 11 time to excavate and grade on said lot, and .removeamatut andaimroinB said tract, on said lot in connection with the work of laying the streets, lanes, ways and easements of said tract. art of said promisee shall be rented or leased I (a) That neither the whole nor any P nor shall the same be to any person of Etheopian, ohinese or Japanese ant or employee eaa@ toye a of the person using said I occupied by any such parson excepting as a servant whole nor eaY � rt premises exclusively for residential Purposes. That neither the ittee the of said premh I sea shall be 000upied by any person unless:ftrst approved by hitectural superwisiaBi hereinafter provided to supervise building and known as the are to apply to servants and employees of the person committee, this provision not approved. r one of vending (f) That no part of said premises Shall t� head far the pur P eydir1ctl, I intoxicating liquors for beverage purposes, who such vending shall be don ( t t -- .-A-- --. s.ra alvA at1v.A. I160 the streets, lanes, 'qys and easements or sa+u (a) That neith, the whole nor any part of said pr aas shall be rented or leased to any person of Etheopian, Chinese or Japanese descent, nor shall the same said occupied by any such person excepting as a servant or employee of the person using premises exclusively for residential Purposes- That neither the whole nor any part Of said premises shall be occupied by any person unleas_ftrst approved by the committee hereinafter provided to supervise building and known as the architectural supervising' apply to servants and employees of the parson committee, this provision not to approved. (f) That no part of said premises shall be used for the purpose 1 vending intoxicating liquors for beverage purposes, whether such vending shall he done,direatly or under some evasive guise. (g) No building or other structure shall be located and ereatea or the erection il plena it e thereof begun on said premises unt and speoifioationd-sod;location-thereof i b the=_erohiteotural euperv�isiA� committee shall have been first approved in writing y a soiEioationa andaccation hereinafter provided for, and_ a,_0CP7 of, such plan and B satisfiederith filed with, the. oommittes if in any-instaaoer-. the purohaae is sot and not willing to abide by arty-desoisi,`on or oiyier of the ar�}hiteotural aupervlsing , committee concerning the ProBerty hereby split the puro4ea�r mr�yFybi tea (ld) da9s, attar auolr, oDiar ar desiaion Se gi �a reques-t 'the Br��dent of them local ohag6ar( �birwt ra 0:�..ttde .2ifaTbtee oY the,:Ameri�ara{ Ir[sti.tt{;te Or �'4hi � t r , + �?lsAxd;<uas:x..M�_ _ _ (g) persons; and when sad 'committee is appointed,the 'purohaeer IDny appeal -to 'it 'fn btee as to which the the decision or order of the architectural'supervising"'c�si purchaser iadissatisfied . The conmittee'of three may amul, sustain or modify suoh t i"a1 order or decision, and the decision of any two members of the o ttee ree she i90 1 (3) persons;' and when setd`oq�iittee'is appointed, the pail er may appeal to it•from the decision or order of the architeotural enpery AiOg C6o®it�ae:as to wh ali the.;.. purchaser is disay emnl, sustain or'maa1Y9 sash satisfied. The oomittee•of throb m order ordloision, and the-deoision of any two'members''of the oommittea of thiea,'shail be Plna] and binding upon the -,panties hereto, Shenld na,'such committee 'be'appoined t; or should it fail to render -its decision within Thirty "(30) deye after the data the" I given, then the order or dacisioa'of the arcklteotu order or decision appealed from is �i supervising committee shall immediately become.final and binding. (h)'An architectural -sup'ervlsing, -committee "shall be,"or kas,been created. the architectural supervising oi't`tee shall consist of two-membersy who skell',be appointed by the -president of the Desert Dave lopment_Campeny or,'by some one designated'' and empowered by"him to make appointments-.in-kis<stead;.' The-P1`esident•,of,the'Dessrt Development Company may be 9 member of the committee, and he-may�fill vaoe pieA j .the Committee and remove members thereof at his pleseure: Should the president of' the Desert Development Company fail for a period ofFiYteen, (l5) days after an appoint or appointments to said committee should be madesiul-after e.dem"end' madeuponhimia � l the vacancy or vacancies -therein, to make such writing by the purchaser to fil i- appointment or appointments or to designate.and-empower-some other person"to'make such appointment or appointments and should such designated person "fail'within-said lest mentioned Fifteen 115) day period to make suoh'appoiatment or a ppointmehte'then such appointment or appointments may be made by any'JU490 of the superior Court of Riverside County;bRt shouted said Judge of the Superior Court oY Riverside County. fall to make such appointment or, appointments within Fifteen (15) daye'after being requested -in i i writing so to do by the purchaser, or should there ba ao-judge of the Superior Court at the time as appointment or appointments is to be made:by him, then the purchaser j shall not be obligated to obtain the approval of said architectural supervising oommitt to any plans or specifications or location for any building which he is then proposing to immediately erect on said lot. The function of said ocmmittee shall be to pass upon, eyprovs or peject any plans, specifications or location for structures to be ereoted o, lots in said tract, so that all structures shall conform to the restrioti"ons and to 'I the general plans of the Seller, and of the oommittee, for the improvement and develops of the vkole tract. Nothing in this paragraph shall be constnled as suthorizing,or change, or -give any restriction set forth above except as epowaring the committee to v. hi�-einabove apeaiYioslly Provided. Theoasnnittee may ant by both of its members aid any authorization, approval or waiver made by the committee must be is writing signed b",!;both its members thereof. Another function of said committee shall to t�i$arvi sa I f trees which may nave oxen --- or allowing trees t :ow, so that the view from other a may be obstructed or impaired. The purchaser hereby agrees to abide by any order of said committee j directing him not to plant any tree, or to out down or out back or remove any tree which may have been planted. The agreement contained in the last preceding sentence shall be construed as a covenant running with the land and not as a condition which might cause the purchaser's title to be forfeited. The purchaser further agrees that either the Seller or the members of said architectural supervising'oeocaittee, may. at .an time institute and prosecute in its name- or tbair-'names;. ox'the oomiaittee may cause to be institutediand prosecuted in,the- name of ao member. of said odamd ttee-, any. "suit or suits which the'Seller,of thig,643tii`ki+ea.may ooar3 i aff"cable'in oiler to ¢,c+n l;, and obtain a deo;ae.S.or, aPep '1°';gazformance by `It pnroh@`'sar`dt,hia egreetdeat tp I xemwa, cut down or cut back any tree which the oommittee has ordered removed, Out such suit to instituted the purchaser agrees to pay down or cut back. Should any reasonable attomey's teas for the plaintiff'a attorneys, as may be f ixed by 'be v urt . (}) It is further agreed by said purchaser that each and all of the said Ib), lo), (d), restrictions set forth in the foregoing paragraphs lettered la), ®)� the covenants relating to trade) shall, as between (Y)g) and (h), (excepting the parties hereto, their heirs, successors and assigns, be deemed to be and construe that as express conditions su�sequent, upon each of which this conveyance is made; t SP said purchaser shall neglect or fail to perform and strictly comply idth and keep the severalIrestrictions on his part, or any or either of them, the Seller above nLved, or his successor may at any time thereafter serve upon the purchaser a notice 5n �-rrttina sueoiffina, the uerticular or oarti culars in vhr ich default has,,,been 1�4�ab as exproaa — , _ if saidpurchaser 1 neglect or fail to perform and -' iatlY comply sSth and keep the several' restrictions on his part, or any or either or them, the Seller above named, or his successor may at any time thereafter serve upon the purohaser a notice in writing speoifling the particular or particulars An which dePaul't.has been made, and directing him to remedy said default, and should he thereafter fora period of Sixty (60),days, (time being of the essence of this provision) fall to fully and, entirely remedy such breach or default then a notice in writing may be served upon. him by the Seller," notifying him that the Seller elect$ that,the,title to the whole, 1 of said premises.ahall revert to said Sellerand thereupon the title to the whole ,. op` said premises shall "immediately and "without- necessity. 9f any 21rther action, on the part of the said Seller, revert to and revest -in the;Seller above na;ied:, end ttie purchaser shall lose and. forfeit all of his, rights," title ens interest.ia" andto- the} improvements and -fixtures thereon," and the Seller whole of said,premises and to the eball have the.ri Sht to re-enter e upon said premiss But -no such rejersioa or _ forfeiture shall render, invalid or operate in any, mayagainst the .lien of any mortBage or; dead of trust given, as security f or :the payment of a debt which may ther atGfore,,,. have been placed upon said property in good;faith, and for value, and upon any,'a-P' reversion or forfeiture the Seller shall take '-the '"title to said lot subjegt.to -anY each mortgage or deed of trust: But "should any such mortgage; or -deed of trust .be rcteclosed, then the title acquired by suchfbreolosureand the person or; pere`ons who thereupon and thereafter: -become the owner or;owner5 of said promises, shall 'be subject to and bound by all of said restrictions, (J) Eeoh and all or said covenants, restrictions and agreements shalt be,deamad ones, and the, extinguishment .of,:ai,y'right of re, -en and construed to be continuingtry; * 'breach -shall, not impair �or affect any of said govenante or or; reversion for say° �. restrictions so far a$ an7 flituie or other breach 1s coaaerned. ; `(k) .Each and all "'of said„°,covenants, conditions, restrictions end limitations_ shali,00ntinue:,in full;force'and effsot,and be ,,binding until IDeoember,3lat, 1978E p 1965rior' to the year E Furthermore, if :at any ,time auteaquent to the year � and,,prior' 19^0, the .then omers in fee"of"a ma3ority of'the aoreago of the land included in",sai� beyond, tract desire .to continua the.restriotione abope,set,forth, or eAY oP the�,_- (( the year 1978 they 9fall,exsouto and eoimowlsdge a declaration or otha'r, eppmpriata I ty.aeooader ofthe dooument,so that the 'same may .be regarded in the office of the Coun 11,Couaty, or 0ountieelawtSoh agld tract -may �De$,,itu�tad,�iu is each otjhargloe'ae deeds and other documents affecting theAlt z(eal.properLy in traat-should', ;a _ ..� then be recorded 'so' ea to'become a mat"ter ot,,.pikblic reo'ord and potice to the world, which declaration "or document' ebell set forth "the i ot,th`at all�o4 saji8,"�det'.ia}t10ns, w.. or certain Particular, cues, .ae the aaeb may ,be, 6ban1' ba 00410Snued instul>f PA}Qe e318 pnatroti°aadt attar IDa� Pear $list>.. 1 d of P— tt rD� of aot f is en additional p i tY tiv0 I$®1l a 4 ;;t 19(18. recordation of s The-uch dsoieration os doonms eha35 ait9ve, the a�Ee° w � 1192 la continuing the restrictions therein specified�unt"il December Met, 2003.. (1)'Each of.the .Covenants and agreements, made by, &e purdhaser,'and each ' 'and all "restriction's shall be binding upon he heirs, designs a`n8,suadoesara,-of the purchase - and shall inure to the benefit cif the successors of the Seller: (m) The purchaser acknowledges and agreb' that said restrictions, covenants �s and conditions are made and imposed for, the p pose of carrying out, and pursuant to a general plan adopted by the Seller for t e development sad improvement of the whole of said tract, and are designed fcr th mutual benefit of every lot,:or"Iraroel in said tract, and are imposed upon the premi "a hereby agreed'to be Conveyed'as a servitude in favor of said tract and each and ery-lot or"parcel therein'- as_the e dominant tenement or tenements. It is expressly agreed that in the event any. covenant or condition or restriction hereinabove"oontained; or any portion thereof, is invalid ar void, such invalidity or voidnes shall in no way .affect any valid covenant, condition or restrictions. No failure or neglect, however long contaped on the part of the Seller to enfo: compliance by the purchaser with any term, oovenent or condition of this agreement shall ever constitute or be construed as a waiper of any such term, covenantor E Condition. i The Seller agrees that it will insert in U agreements hereafter made for the sale of, and deeds conveying, lots in said tra t, generally similar•restrictions and provisions, so far as applicable, as those set forth in the above paragraphs. The word "tract" whenever used in this agreement and In the restrictions and agreements therein contained shall be dee and for all purposes considered and treated as though the same read as follows: That portion of land situated in the Count+r of Riverside, State of California, described as follows: That portion of the East half (EJ) of the iouttowest quarter (SWJ) of Section 36, Township 5 South, Range 6 East, S. B. B. & A., Riverside County, California; commencing at the Southeast corner of the South est quarter (SW,) of said.., section; thence West along the said'South boundary of said Southeast quarter, West 1319.65 fec thence North 00 02f 1771.10 feet to a point; th as North 89' 591 East, 1320.10 feat thence South along the East boundary line of sand Southwest quarter to the point of beginning. ( It is an express condition of this conveyeioe that the GVentor herein. shall not be responsible or liabile for any promise, reprPentation,agreement, condition or stipulat'.on not set forth herein. U 9 I thence North 0° OV 1771.10 feet to a porno; ca— .•v,•— -- -- -- thence South along .as East boundary line of sa1'd sou jst quarter to the point of beginning. 1f� it is an express condition of this conveyance that the Grantor herein shall not be responsible or liabile for any promise, reprisentation,agreement, condition or stipulat.lon not set forth herein. Whenever in this deed the masculine gender is used, it shall also be construed as if the feminine gender had been used whenevethe feminine gender would be applicable instead of the masculine. Wherever tl a singular is used in referring to a purchaser it shall be construed as if the plu-- 1 had been used where applicable, and in case there is more than one purchaser. IState of California, ) � County of Los Angeles) On this 7th day of March, in the year nineteen hundred and twenty nine, A. D. County of Los Angeles, T. Bradner. a Notary Public in and foa the said I ,�--- state:`or ceiYarnia, 1 (ss: County'O-i Los Angeles) Onthis 7th day of March, in the year nineteen hundred and twenty nine.-,; A'.-D• 1 It - before u(e, B. J. Bradaer, a Notary Public in and for,the said County of, Los,dagelas, State of California, ,residing -therein, duly eaemis'sioned" and sworn, Personally, �r.Peased Walter R. Morgan, a single man, Personally, known to. me to be the, Berson whoea°name, j is subscribed to the within"instrulAent and aoUnOwledged to me.th'at he.exeouted the same. IN YYIT'NESS .jjERWF, I have hereunto set my hand end affiaed my official seal the day and year in.this certificate first above written. B. J. Bradner Notary Public in and for Los Angeles County, State of California. (NOTARIAL SEAL) . Received for record Apr 13, 1929, at 30 min. Past B o'olock A. M. at request of12 Riverside' Title ComPany, Copied in Book No. 807 of Deeds, page lea, et seq., � Records of Riverside County, California. Jack A. Ross, Recorder Fees $3.90 v. II' Compared: Copyist; A. Lamkin; Comp arer; E. Kettering it i l '71 I RECONVL'YANCS FIRST NATIo14AL BANK OF BANNING, a corporation, trustee under deed of trust — U-. A11A HAr¢YaVa. as 290 DESERT DMLOPMM OMPANY TO 9 DAVID Be LLMLLYN IT AL ) CORPORATION QUIT OLAW. DEED DESERT DEVELOPl9M COLPANY, a oorpordtioo organized under the laws of, the State .at, California, with Its .,psigoipal"plane Of business st=Los Abgeles, 6411fornia, In consideration of Ten DaUars, to tit in hind pkid,-receipt of which is hereby aoknowledged,"doee hereby,remisea release" and quit olaim to "DAVID Be LIXIMLLYN, and MY V. LLgftLLYN, his wife$;00 joint to � to with right of survivorship, the real property in"the County of Riverside, Eta a"oP•.Califoraie; described as That perion of the East one-half of the Southwest -one -quarter of Section 36, T. 5 S, Be 4 $, Be & Be & Ka described as -follows; Beginning at a point on the ono -quarter section line"from which the one -quarter section corner on the south boundary of said Section 36 bears Be 00 11 E, 435 feet, Thence vast 250 feet 2q.`1 Thence N. 00 01"; 899 9 Peat, Thence ium'& 250 et the one -quarter section lane, Thence •3. 00 01" Ea on the one -Quarter section line 229.9 feet to the point of- beginning. EXOEPTING tbarefrom a strip of land 20 feet in width off the meat side to be used for road purposes. SUBJECT to conditions and restrictions contained in that certain Deed of Grant executed by WALTEER He MORGAN, a single clam, to DAVID E. LLMLLYN AND MARY V. LLMs LLYN, his rife, as joint tenants with right of survivorship. SUB,TWT ALSO to taxes, asseaameatsa easements and rights -of -way of record. TO IEUS AND TO HOLD to the said grantees in joint tenancy. IN WI MSS MEREOP, said Corporation has oaused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and Ito Secretary %hereunto duly authorized, this Sth day of Sept. 1931. r ,I DESERT DEVELOPMM CWANY SUBJECT ALs ,j tastes, assessments, easements rights -of -way of record. TO ]IAIYi AND TO HOLD to the Said grantees in joint tenancy. IN tMIESS 17MVEOP, said Corporation has caused its Corporate name and ve01 to be affixed hereto and this instrument to be executed by its Provident and its secretary thereunto duly authorixad, this Sth day of Sept. 19310 DESERT MUMUT COIIPANY By Cyrus Peirce, President O:trufl Poiroe (CORPORATE SEAL) Bye B, J. Bradner, Soorotory t LBradner Stoto of California ) County of Loa daCRles )88 On this 3th day of Septotaber 1931, before me 4dward T. Sharer, a Notary Public in and for cold County, personally appeared Cyrus Peirce known to me to be the President, qnd B. d. Bradnar known to me to be the Secretary of Desert Development Company the corporation that executed the within and, foregoing instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to ma that such corporation executed the Sawa. WITNESS mp band and official goal, Seward T. Sharer (NOTARIAL SEAL) Notary Public in and for the County of Los Angeles, State of California. NOME G FIELD ♦4 AT THE VERY EDGE OF THE DESERT ANNE STOW-FITHIAN Gnv' N WHAT is known as the Colorado Desert in California is a wide valley, below sea level, called Coachella, a corruption of "conchilla," meaning little shell. (In ages past, this region, which still abounds in shells, was part of the Gulf of Cali- fornia.) Off this valley and not far from the Salton Sea lie a sandy wash and canyon protected by a semi- circular spur of the Santa Rosa Mountains. This peaceful and seemingly remote site was chosen as the emplacement of an hotel and cottages named "La Quinta" (meaning a country gentleman's estate in dis- tinction to the property of a peasant), fitting back- ground for the development created there. GonDON KADFMANN DESIGNED not only the hotel but also half a down privately owned dwellings, one of which, on the very edge of the Desert, is Cann Mag- nolia, by far the most important and individual house there, owned by Mrs. Lee Eleanor Graham. To the building of a desert house she has brought years of ex- perience as an interior decorator, years of travel and study, keen observation, originality and taste. The result is startlingly beautiful and rich in the unex- pected, in harmony with its dramatic surroundings, and practical for life in a hot, dry and sometimes windy climate. The architect solved the problems that confronted him with admirable directness, and the Refreshing anywhere, at the rim of the des- ert in California's Coachella Valley this rambling home of Sirs. Lee Eleanor Graham is particularly delightful. One of the ter- mees, above. looks to the Santa Ross Sloun- taina. The phw"raph helowshows the house with its shaded patio and I he sw homing pool � S 02/20/2007 18:14 4254550725 PATTI SMITH PAGE 01 La Quinta Resort Leasing Attn: Cindy Dear Cindy: We will be unable to attend the meeting being held with lie City Council of La Quinta this evening. We expressed to you earlier our disappointment with our Ho iie Owners Association and the course they are taking in objecting to the new water park addition pro:' used by the resort management. Even though the various Home Owners Associations levied a $500.0: assessment to their various members for provision of legal council we remain firm in our i upport of the proposed project. We were quite surprised by out Home Owners' position against this p: tential asset to the entire La Quintacommunity, Even though we have our own pool, this would be it great opportunity for our guests with children and our own family to enjoy a first class water park facil ty within Santa Rosa Cove. An added attraction like that which is being proposed fits well with why li mple look to vacationing in the sunny warm Coacbella Valley. The La Quinta Resort area offers mar , , amenities. All of us who live here have come to realize that La Quints is not just a place to play golf, to )lay tennis, or to partake in a relaxing spa treatment. La Quinta, in discovering itself, has realize( additional poteenuai in art walks, hiking trails, first class restaurants and developing its major business , II istrict.. The addition of a water park facility is just one more amenity that has the potential to attract people; to our area. The proposed facility would be one more entertainment option for year round dwellers, sno• m birders and their extended families and vacationers. We heard little objection to the "change of architecture" with the addi, on of La Quints. Resort's hotel condominium concept. This radical change for the "La Quinta" we A knew and loved actually provided additional opportunity for home ownership along with increu ocd hotel facilities. Of course, the nay sayers warned of more traffic; more people, and more impact to t I e tranquility of Santa Rosa Cave. Yet, we now see that the impact was more in our "minds of the unknot m" and we now view it as positive, not only for a successfully managed resort but also for home owners a o id the community alike. Even today, and I suspect in the future as well, with the final water park facility is i a place, one can drive down Avenida Fernando or Avenida Mazatlan and see very few cars or people. The 7 )lure proposed facilty will be an asset for all of us. As homeowners in the area, we also believe that f: ! lities like this will improve the property value of all us in the area. There hasn't been objection to the improved road systems required to i.^.et these demands. These transit imporvements arc viewed as an asset. The four lane access all along `y'ashington and Eisenhouer have been wonderfully engineered to protect our privacy yet offer the i nuch needed systems to manage our traffic How can this project be any different? La Quinta Spa and Re: ort has, over the years, done a great job maintaining the resort and upgrading the many amenities from wh i we all benefit. Given their track record and the future benefit of a water park, we can expect no less th;i what we have experienced with them in the past. Our observation over time has shown us that progress, in its many font is, will take place despite our conservative nature to protect what we have: whether it is a home, a p,t.`.k, a mountain range, or a downtown business area. It is not just the Spa and .Resort that is changing. Muct to our dislike, things are changing all over the world. To not share our beautiful community with others .I rtough the addition of the proposed water park would be a sad commentary on the members of the associa. ons objecting to this proposal. We see the proposed facility as being a benefit to the entire community There is a winning provision for every one here. R not only moves the La Quinta Spa and Resort into a woric class facility that all of us can be proud of, it also allows all of us to say we were a part of the dynamic c oange that makes La Quinta a wonderful place to live and visit. Steve and Patti Smith 76900 Avenida Fernando Dan Hewitson From: Jeffrey Byron [haciendaslaquinta@sbcglobal.net] Sent: Tuesday, February 20, 2007 9:45 AM To: Dan Hewitson Subject: From: Jeffrey Byron (Re: City Council Meeting) Jeffrey Byron 50060 Malaga Court La Quinta, CA 92257 Hi Dan! I gather you will be attending the City Council Meeting tonight to discuss the merits of the new swimming pool project for the La Quinta Hotel & Resort. Unfortunately I am out of town on business and won't be able to attend. Please pass along my full endorsement of the project. As you know I live across the street from the hotel in a community called Haciendas at la Quinta. I think the new swimming pool project will give the community of La Quinta a much needed boost in commerce as it attracts both locals and visitors. I am excited about the project and can't wait for them to break ground. Looking forward to the next steps and the completion of this worthy project. Best regards, Jeffrey 1 Page 1 of 1 Dan Hewitson From: imslomo@yahoo.com Sent: Tuesday, February 20, 2007 4:19 PM To: Dan Hewitson Subject: Pool Expansion Plans To Whom It May Concern: As a La Quinta full-time resident and a Legacy Villas owner, I am in full support of the pool expansion plans at the Hilton's La Quinta Resort and Club. I view the expansion as a necessary improvement to better market the resort to families and to help draw in more tourism and tourism dollars into our community. Improvements like this only enhance the value and attraction of our properties and the community that we live and invest in. Thank You, Monique Rosales 80-862 Spanish Bay La Quinta, CA 92253 760-777-7405 cell 714-200-3582 8:00? 8:25? 8:40? Find a flick in no time with theYahoo! Search movie showtime shortcut. 777 ►MKOV11Z1Id Dan Hewitson From: Cindi Block Sent: Tuesday, February 20, 2007 2:23 PM To: Dan Hewitson Subject: FW: Signature Pool -----Original Message ----- From: Kathleen Wallen [mailto:KJWALLEN@DC.RR.COM) Sent: Tuesday, February 20, 2007 12:16 PM To: Cindi Block Subject: Signature Pool February 20,2007 re: Proposed construction of Signature Pool at La Quinta Resort To Whom It May Concern: I understand that a pool with various water features, streams and interesting landscaping is being planned at The Resort. This sounds like a wonderful idea to me. I have visited and stayed at high -end hotels with interesting pools which appeal to guests of all ages and have noticed how much people enjoy them. I especially think that it is a good idea here in the desert given our warm temperatures. Much of the year pools are the main outdoor activity that appeal to the majority of people. I would encourage you to build the new pool. Kathleen Wallen Legacy Villa #31 Legacy Townhome #194 771-1249 i'7 3 1 Mr. Dan Hewitson La Quinta Resort Leasing 50200 Vista Bonita La Quinta, Ca 92253 Dear Dan, Just a short note to say how strongly I am in favor of the planned pool expansion project the hotel is trying to complete. As an owner of a home at Legacy Villas represented in your rental management program, as well as a full time local resident at the La Quinta Country Club, I am thrilled with the possible addition of this much needed amenity. Anything that can extend the rental season for the'resort helps those of us in your program and all local businesses as well. I applaud your efforts and whole heartedly support this project. A 78-154 San Timoteo La Quinta, Ca 92253 760-564-2997 Page 1 of 1 Cindi Block From: Chuck Mesko [chuckmesko@sbcglobal net] Sent: Tuesday, February 20, 2007 11:54 AM To: Cindi Block Subject: Proposed Sinature Pool To: City Council of La Quinta, I am a homeowner and a resident of La Quinta and feel that the proposed Signature Pool that La quinta Hotel is proposing is an excellent idea. I believe it will enhance the City of LaQuinta and obviously bring in more revenue dollars. I strongly urge you to consider and approve this pool as an enhancement to the City. Chuck Mesko 2/20/2007 Page 1 of 2 Nancy Leppert From: don_spickelmier@adp.com Sent: Tuesday, February 20, 2007 11:43 AM To: Nancy Leppert Subject: La Quinta City Council Meeting Tonight We are very much in favor and support the signature pool at the La Quinta Resort. It is a tremendous enhancement to the resort property and an improvement that is much needed and long overdue. The La Quinta Resort and Spa should be the premier high -end resort property in the Valley and this project will go a long way to help the resort and the city of La Quinta regain it's preeminence in this regard. I am very much looking forward to the approval of this project. Best Regards Don and Van Spickelmier 77 280 Vista Flora La Quinta CA 92253 (949) 795 9254 r� 3 rage t of t Nancy Leppert From: Marlo Aragon [mmaragon@prodigy.net] Sent: Tuesday, February 20, 2007 4:48 PM To: Nancy Leppert Subject: RE: La Quinta City Council Meeting Tonight We are in favor of the pool expansion and feel it will bring favorable commerce to the La Quinta area. Marla and Michael Aragon 77-170 Vista Flora Spa Villa owners r-n r1 2/20/2007 Nancy Leppert From: hilltop2 hill [hilltop2@msn.com] Sent: Tuesday, February 20, 2007 4:04 PM To: Nancy Leppert Subject: New Signature Pool Area Dear Nancy, Thank you so much for sending us a copy of the master plan for the new Signature Pool for the La Quinta Resort. It is just beautiful and should be a wonderful addition to the Resort. It will appeal to guests and owners alike providing new activities for everyone. It is something we have been missing and will certainly make the summers delightful as well. We are looking forward to enjoying the new pool and area. Loren and Lynne Hill 77130 Vista Flora La Quinta, Ca. i3� Page 1 of 2 Nancy Leppert From: Arch, David [DArch@Blistex.com] Sent: Tuesday, February 20, 2007 10:48 AM To: Nancy Leppert Subject: RE: La Quinta City Council Meeting Tonight Dear Nancy, I have reviewed the master plan and am enthusiastic about the prospect of constructing this fine addition to La Quinta Resort. Please pass my message of support on to the Council when it considers this proposal. Regards, David Arch 49-444 Avenida Obregon La Quinta David C. Arch Blistex Inc. 1800 Swift Drive Oak Brook, IL 60523 Tel: 630-571-2870, ext. 3101 Fax:630-571-4334 r+ n Nancv LeDoert From: Marsha Parker February 20, 2007 5:hotmail.com] / lq� �1 � w Sent: Tuesday, February 20, 2007 5:09 PM `t,_ 1 van in To: Nancy Leppert Subject: RE: La Quinta City Council Meeting Tonight Nancy, When I learned about the signature pool I was very enthusiastic. Before buying our casita at La Quinta my family had visited the Grand Wailea on Maui and also the Hilton Waikaloa for the primary reason that they had similar pools for us to enjoy with our small children. Now that my children are adults we still look forward to a multi -use pool. I especially think it would benefit the city of La Quinta and the entire community because it would bring young families with children to this area for recreation in addition to golf or tennis. This would also bring more jobs to the area. Because the pool would be within the La Quinta Resort property I cannot think of a single adverse effect the pool would have on the surrounding area. Thanks for taking my views to the council, Nancy! Marsha Parker 49-416 Avenida Obregon ry 85 La Quinta, CA 92253 206-229-4827 Page I of 2 Nancy Leppert From: Kent Bailey [Kent. Bailey@tommybahama.com] Sent: Tuesday, February 20, 2007 11:18 AM To: Nancy Leppert . Cc: Bob Ritz; barbdtzl@aol.com Subject: RE: La Quinta City Council Meeting Tonight Nancy, Thanks for including us on this email. My wife and I whole heartedly support the project and believe it to be a very worthwhile addition to the resort. We think it will improve the future viability of the resort plus will likely raise occupancy and the tax contribution the resort makes to the city. Sincerely, J. Kent Bailey Dana S Bailey 77464 Vista Flora La Quinta, Ca Page 1 of 2 Nancy Leppert From: Jim Cunha [cunhajm@aol.com] Sent: Tuesday, February 20, 2007 11:42 AM To: Nancy Leppert Cc: 'Patty Battersby'; lynne@lynnemangan.com Subject: [SPAM] FW: Master Plan Attachments: 07_Sig Pool Master Plan.JPG Nancy, Thanks for sending the plan and notice of the meeting. I am back in No Ca so I won't be able to attend in person. As an owner of a spa villa for the past 6+ years, I am in full support of this project. I believe that it will enhance the resort and provide an improvement for members of the Spa, exercise facility and tennis. La Quinta as a city is synonymous with The Resort and the improvements that I've seen in both the City and Resort go hand -in -hand. What's good for one is good for both. This is just another step in development and investment in our greater community that frankly compliments much of what the City has done on its own over the last 25 years. Please feel free to pass this along at the meeting tonight. Thanks. Jim Cunha 49-845 Avenida Obregon La Quinta James M. Cunha 1174 Upper Happy Valley Road Lafayette, CA 94549-2801 Cell 925/899-4205 Fax 925/283-4750 Email: cunhajm@aol.com 737 Page 1 of 1 Nancy Leppert From: BKNFLA@aol.com Sent: Tuesday, February 20, 2007 10:09 AM To: Nancy Leppert Subject: Re. La Quinta City Council Meeting Tonight Nancy.. I own two homes in La Quinta Resort: 77290 Vista Flora and 77314 Vista Flora. I am very much in favor or the proposed signature pool project. I think it will add a lot of fun and will make it more bearable to visit the resort in the hotter months. I am looking forward to seeing it completed. Bob Kirk Check out free AOL. Most comprehensive set of free safety and security tools, millions of free high - quality videos from across the web, free AOL Mail and much more. J 2/20/2007 Page 1 of 2 Nancy Leppert From: D. Kent Westerberg [kent@atwoodlaw.com] Sent: Tuesday, February 20, 2007 10:22 AM To: Nancy Leppert Subject: Re: La Quinta City Council Meeting Tonight My wife and I, Kent and Mahnaz Westerberg support the La Quinta pool expansion project. Our residence is La Quinta Spa Villa, 77366 Vista Flora, La Quinta, California. Kent Westerberg D. Kent Westerberg Atwood, Haiman & Westerberg 18805 Cox Avenue, Suite 200 Saratoga, CA 95070 (408) 370-5070 Fax (408) 370-5725 www.atwoodlaw.com CONFIDENTIALITY: This email message and any attachments thereto are for the sole use of the intended recipient(s) and contains a private, confidential communication protected by the attorney client privilege and the attorney work product doctrine. Any unauthorized review, use, disclosure or distribution of this email is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Thank you. 739 Page 1 of 1 Nancy Leppert From: Michael F. Linos [michael@linos.net] Sent: Tuesday, February 20, 2007 10:08 AM To: Nancy Leppert Subject: RE: La Quinta City Council Meeting Tonight Our address is 49-420 Avenida Obregon and are very much in favor of the pool expansion project. Any question please call. Thanks. Michael F. Linos o (714)368-1392 c(714)943-1392 f (714)368-1394 From: hal kant [halkant2001@yahoo.com] Sent: Tuesday, February 20, 2007 11:00 AM To: Nancy Leppert Subject: Re: La Quinta City Council Meeting Tonight Dear Nancy Please express our view to the CIty Council of La Quinta that we support the pool project. Hal and Jesse Kant Spa Villa 1762 --- Nancy Leppert <nleppert@laquintaresort.com> wrote: Nancy Leppert From: Earl Eastman [earleastman@hotmail.com] Sent: Tuesday, February 20, 2007 10:55 AM To: Nancy Leppert Subject: RE: Master Plan Nancy, As a Spa Villa owner, we are in favor of this pool expansion. Thank you, Earl Eastman #s 1860,1861,1862 >From: "Nancy Leppert" <nleppert@laquintaresort.com> >To: "Nancy Leppert" <nleppert@laquintaresort.com> >CC: "Dan Hewitson" <DHewitson@laquintaresort.com> >Subject: Master Plan >Date: Tue, 20 Feb 2007 10:34:04 -0800 >Attached is a drawing of the master plan. >The Planning Commission met last week and had a split decision - due to >one member being absent. As a result it moved forward to tonight's >City Council meeting. >Nancy Leppert >Spa Villa Services Manager >La Quinta Resort & Club >www.laquintaresort.com <http://www.laquintaresort.com/> >Phone: 760 777-4864 >Fax 760 777-4863 >The Waldorf=Astoria Collection Page 1 of 2 Nancy Leppert From: Mary Tracy [mary@thetracys.com] q� Sent: Tuesday, February 20, 2007 10:49 AM To: Nancy Leppert Subject: RE: La Quinta City Council Meeting Tonight All this sounds good, then. If you'd like to add my name to the "pro" list, it's fine. It sounds like it will enhance the enjoyment of the resort. Thanks for the feedback. From: Nancy Leppert [mailto:nleppert@laquintaresort.com] Sent: Tuesday, February 20, 2007 10:41 AM To: mary@thetracys.com Subject: RE: La Quinta City Council Meeting Tonight Mary — the Signature pool will be available only to current resort guests and members. They will not be an increase in traffic because the occupancy levels will remain current. The resort has taken a stand with regards to parking in the red zones — and that is to have the local police write tickets! What we expect to increase are occupancy levels during the shoulder and summer months! And that has a direct impact on your potential future revenues. Regards, Nancy J Page 1 of 1 Nancy Leppert From: Mkhoman@aol.com Sent: Tuesday, February 20, 2007 2:10 PM To: Nancy Leppert Subject: Re: La Quinta City Council Meeting Tonight I would like to add my voice to support the signature pool expansion at la quinta resort and spa i am a spa villa owner. Thank you. Sincerely Melanie Homan Check out free AOL. Most comprehensive set of free safety and security tools, millions of free high -quality videos from across the web, free AOL Mail and much more. i94 WITKIZIyI Nancy Leppert From: mrosinus@rfflp.com Sent: Tuesday, February 20, 2007 11:03 AM To: Nancy Leppert Subject: Re: La Quinta City Council Meeting Tonight Dear Nancy, I am the owner of 77450 Vista Flora. Pls note that we are in favor of the development of the Signature pool at LAQ resort. Regards Michael Rosinus Sent from my Verizon Wireless B1ackBerry 9J Page 1 of 1 Nancy Leppert From: David Wojtaszek [conaminc@sbcglobal.net] Sent: Tuesday, February 20, 2007 11:05 AM To: Nancy Leppert Subject: Pool Expansion Project Nancy, As owner of 49-452 Avenida Obregon, we are definitely in favor of pool expansion project and wish to see City Council approve it. If you should have any questions or comment, please contact me. David Wojtaszek Con -Am, Inc. 130 Newport Center Drive, Suite 200 Newport Beach, California 92660 (949) 718-1190 (949) 718-1199 - fax conaminc@sbcglobal. net 2/20/2007 Page 1 of 1 Nancy Leppert From: WCintani@aol.com Sent: Tuesday, February 20, 2007 11:08 AM To: Nancy Leppert Subject: Re: La Quinta City Council Meeting Tonight Nancy, I am in favor of the pool expansion. I think it adds to the overall experience at the La Quinta resort and will add to the numbers of days in the year that the resort is used. Bill Cintani Check out free AOL. Most comprehensive set of free safety and security tools, millions of free high - quality videos from across the web, free AOL Mail and much more. r .ni '7 f.;9d 2/20/2007 Thomas Carnevale La Quinta City Council Dear Members of the City Council, 77-374 Vista Flora La Quinta, CA 92253 We are in favor of the pool expansion project and would like you to approve it. Sincerely, Thomas Carnevale Tracy Rieth UISTPX C-t'oQ-lr— Page 1 of 1 Nancy Leppert From: Carol Schmidt [carols1936@comcast.net] Sent: Tuesday, February 20, 2007 12:07 PM To: Nancy Leppert Subject: Re: La Quinta City Council Meeting Tonight Nancy ... we support the La Quinta Resort pool project. Carol and Jim Schmidt 77-300 Camino Quintana and 77-500 Vista Flora, La Quinta Page 1 of 1 Nancy Leppert From: Mary Gustafson [marygustafson@sbcglobal.net] Sent: Tuesday, February 20, 2007 10:18 AM To: Nancy Leppert Cc: KENT GUSTAFSON Subject: City Council Meeting To the La Quinta City Council, Please approve the signature pool project at the La Quinta Resort. The Resort is a wonderful place for families and businesses, but it is currently only a viable place to go late October through May. The summer months are ridiculously hot and travel to the resort is limited at that time. It would be wonderful for families and businesses to enjoy the resort year-round and it would also benefit the local economy who have displaced workers at that time. Not to mention the new pool will be gorgeous and enhance the value of the resort. We are owners of a spa villa at La Quinta and would most appreciate your voting in favor of the project. Kent & Mary Gustafson 49-466 Avenida Obregon La Quinta, CA 92253 2/20/2007 We support the La Quinta Resort and Club's Signature Activities Pool We the undersigned urge the La Quinta City Council to approve the La Quinta Resort and Club's Signature Activities Pool. As Retail Merchants we know that stimulating "Summer Season" tourism is essential to our survival. Please vote to bring more tourists to La Quints. U41 SIGNATURE: SIGNATURE: We support the La Quinta Resort and Club's Signature Activities Pool We the undersigned urge the La Quinta City Council to approve the La Quinta Resort and Club's Signature Activities Pool. As Retail Merchants we know that stimulating "Summer Season" tourism is essential to our survival. Please vote to bring more tourists to La Quinta. NAMR I -/, U j' L %- J C &'SS,1-? �/ /.AAj BUSINESS: L A / Nta �LA L zfsT.y7-6 SIGNA Date: To: From: February 13, 2007 Members of the City Council, City of La Quinta Merchants, Old Town La Quinta The signatures attached to this letter represent support of the La Quinta Resort's addition of a signature pool. The merchants represented in this letter are thankful to the concierges and resort staff at La Quinta Resort who frequently refer guest to Old Town shops, service providers and restaurants. If the addition of a signature pool increases the occupancy at the hotel during the off season we would support it because, after all their guests are likely our customers. p/7C Business I ©Lf) Cf4t t-"- 44-- !F:- L�I Z-A-6C Z4- t f-�;2l titC, 1�J3 We support the La Quinta Resort and Club's Signature Activities Pool We the undersigned urge the La Quinta City Council to approve the La Quinta Resort and Club's Signature Activities Pool. As Retail Merchants we know that stimulating "Summer Season" tourism is essential to our survival. Please vote to bring more tourists to La Quints SIGNA We support the La Quinta Resort and Club's Signature Activities Pool We the undersigned urge the La Quinta City Council to approve the La Quinta Resort and Club's Signature Activities Pool. As Retail Merchants we know that stimulating "Summer Season" tourism is essential to our survival. Please vote to bring more tourists to La Quinta. BUSINESS:c�IP Ova, v.�Q CG-y..QZ..y.�vV o� ��r'C��-4-` CiCdSe2, 7 B SI CL%�✓ D it %f SIGNATURE• \ ---.._ _..___. - We support the La Quinta Resort and Club's Signature Activities Pool We the undersigned urge the La Quinta City Council to approve the La Quinta Resort and Club's Signature Activities PooL As Retail Merchants we know that stimulating "Summer Season" tourism is essential to our survival. Please vote to bring more tourists to La Quinta. 91 SIGNA SIGNA SIGNATURE: JOHNLAINGHOMES L U X U R Y MEMORANDUM To: Tom Ward, St. Francis of Assisi Catholic Church From: Josh Welty, Laing Luxury Homes Date: February 5, 2007 Subject: Conceptual Agreement of Shared Access Easement — La Quinta, CA Below is a conceptual draft of the agreement between St. Francis of Assisi Catholic Church and Laing Luxury Homes. Church agrees to provide a permanent vehicular and pedestrian egress easement for the benefit of Laing and its future residents over the subject Church property and a temporary easement to construct said road improvements. 2. Church may elect to have either Laing or Church construct road improvements as `Builder". 3. `Builder" shall engineer, design, process plans and obtain plan approval of the road improvements within the easement limits depicted in Exhibit A. 4. A road improvement budget shall be approved by both parties and shall be established as Exhibit B to the agreement. The budget does not constitute final costs unless otherwise noted. 5. The scope of work for the road improvements includes grading, surface street improvements such as curb, gutter, sidewalks, street paving, signage, striping, civil and soils engineering fees, field staking and plan check and permit fees. 6. `Builder" shall be reimbursed for 50% of the actual costs by "Other Party". Memo — Tom Ward February 5, 2007 Page 2 of 2 "Builder" shall obtain approval of road improvement plans within 2 years and shall begin construction within 3 years upon execution of this agreement. "Other Party" can exercise Self -Help should said dates not be met by "Builder". An extension for approval of plans may be granted with approval of both parties. 8. "Other Party" can elect to pay 50% of the road improvement budget in advance of plan approval and such payment shall satisfy its financial obligation under the agreement. 9. "Builder" shall provide surety and liability insurance for road improvements. 10. Laing shall cooperate with regards to property line issues between both properties. Agreed and Accepted on this day, February 5, 2007: Tom Ward St. Francis of Assis Catholic Church La Quinta, CA Josh Welty Laing Luxury Homes SO)$ Page 1 of 2 Josh Welty From: Tom Ward [tward@stfrancis-Iq.org] Sent: Wednesday, February 14, 2007 9:48 AM To: Josh Welty Cc: Fr. James McLaughlin; dholden@inlandbusinesslaw.com; prest@dc.rr.com; slbucbouten@aol.com; jherman@mccomic.com; Joseph A. Irwin; vuksic@dc.rr.com; Martin Gentleman; mscuro@dc.rr.com; wallyduncan@hotmail.com; thedon@astound.net Subject: RE: Access Agreement Josh, The attached draft from you has too many details for now. As you know I am not authorized to sign documents relating to church property. That is reserved for the Bishop. What we are prepared to say is that conceptually we agree to grant Laing Homes the access to church property for purposes of egress to the future traffic signal at Washington Street. We expect that you will push hard for egress only. It appears Mayor Adolph is in favor of egress only with emergency vehicles having ingress. We can support that position. Of course, with the caveat, it is subject to the approval of the Bishop. We will recommend to him that he approve the proposal. We will work with you on the details of the access and what is necessary to complete that aspect of the project if the City Council approves your proposal. As they say "just so you know" the very minimum we would accept financially is the Laing Homes pays for the entire process (the road, our portion of the traffic signal, and any other funds necessary to complete that phase to our speciation's). This would include all of the items you mention in #5 on your draft. Per our discussion this morning we are prepared to meet with you, A.J. and MDS to discuss a grading proposal that our civil engineer, Wally Duncan presented to us at the Parish Building Committee meeting last evening. Lunde stand you are available to meet this Friday afternoon around 3:00pm I left a voice mail for Dave Prest (he and John are in a seminar all day today) to see if that day and time are OK to meet with you. I also asked to determine that Wally Duncan be there as he is critical to the process. As soon as I hear back I will notify you. Tom From: Josh Welty [mailto:jwelty@laingluxury.com] Sent: Tuesday, February 13, 2007 3:26 PM To: Tom Ward Subject: Access Agreement Importance: High Tom attached you will find a simplified version of the conceptual agreement for access based on our conversation earlier today. Please call me if you have any comments or revisions, thanks. Joshua Welty Assistant Project Manager Laing Luxury Homes Mobile: (949) 355 9661 Fax: (949) 265 2599 iwelt @Y laingluxury.com " 2/19/2007 JOHNLAINGHOME5 L U X U R Y MEMORANDUM To: Tom Ward, St. Francis of Assisi Catholic Church From: Josh Welty, Laing Luxury Homes Date: February 5, 2007 Subject: Conceptual Agreement of Shared Access Easement — La Quinta, CA Below is a conceptual draft of the agreement between St. Francis of Assisi Catholic Church and Laing Luxury Homes. Church agrees to provide a permanent vehicular and pedestrian egress easement for the benefit of Laing and its future residents over the subject Church property and a temporary easement to construct said road improvements. 2. Church may elect to have either Laing or Church construct road improvements as "Builder". 3. "Builder" shall engineer, design, process plans and obtain plan approval of the road improvements within the easement limits depicted in Exhibit A. 4. A road improvement budget shall be approved by both parties and shall be established as Exhibit B to the agreement. The budget does not constitute final costs unless otherwise noted. 5. The scope of work for the road improvements includes grading, surface street improvements such as curb, gutter, sidewalks, street paving, signage, striping, civil and soils engineering fees, field staking and plan check and permit fees. 6. "Builder" shall be reimbursed for 50% of the actual costs by "Other Parry". S10 Memo —Tom Ward February 5, 2007 Page 2 of 2 7. `Builder" shall obtain approval of road improvement plans within 2 years and shall begin construction within 3 years upon execution of this agreement. "Other Party" can exercise Self -Help should said dates not be met by "Builder". An extension for approval of plans may be granted with approval of both parties. 8. "Other Party" can elect to pay 50% of the road improvement budget in advance of plan approval and such payment shall satisfy its financial obligation under the agreement. 9. `Builder" shall provide surety and liability insurance for road improvements. 10. Laing shall cooperate with regards to property line issues between both properties. Agreed and Accepted on this day, February 5, 2007: Tom Ward St. Francis of Assis Catholic Church La Quinta, CA Josh Welty Laing Luxury Homes 6111 Page 1 of 2 Josh Welty From: Tom Ward [tward@stfrancis-Iq.org] Sent: Wednesday, February 14, 2007 9:48 AM To: Josh Welty Cc: Fr. James McLaughlin; dholden@inlandbusinesslaw.com; prest@dc.rr.com; slbucbouten@aol.com; jherman@mccomic.com; Joseph A. Irwin; vuksic@dc.rr.com; Martin Gentleman; mscuro@dc.rr.com; wallyduncan@hotmail.com; thedon@astound.net Subject: RE: Access Agreement Josh, The attached draft from you has too many details for now. As you know I am not authorized to sign documents relating to church property. That is reserved for the Bishop. What we are prepared to say is that conceptually we agree to grant Laing Homes the access to church property for purposes of egress to the future traffic signal at Washington Street. We expect that you will push hard for egress only. It appears Mayor Adolph is in favor of egress only with emergency vehicles having ingress. We can support that position. Of course, with the caveat, it is subject to the approval of the Bishop. We will recommend to him that he approve the proposal. We will work with you on the details of the access and what is necessary to complete that aspect of the project if the City Council approves your proposal. As they say "just so you know' the very minimum we would accept financially is the Laing Homes pays for the entire process (the road, our portion of the traffic signal, and any other funds necessary to complete that phase to our speciation's). This would include all of the items you mention in #5 on your draft. Per our discussion this morning we are prepared to meet with you, A.J. and MDS to discuss a grading proposal that our civil engineer, Wally Duncan presented to us at the Parish Building Committee meeting last evening. Lunderctand you are available to meet this Friday afternoon around 3:00pm I left a voice mail for Dave Prest (he and John are in a seminar all day today) to see if that day and time are OK to meet with you. I also asked to determine that Wally Duncan be there as he is critical to the process. As soon as I hear back I will notify you. Tom From: Josh Welty [mailto:jwelty@laingluxury.com] Sent: Tuesday, February 13, 2007 3:26 PM To: Tom Ward Subject: Access Agreement Importance: High Tom attached you will find a simplified version of the conceptual agreement for access based on our conversation earlier today. Please call me if you have any comments or revisions, thanks. Joshua Welty Assistant Project Manager Laing Luxury Homes Mobile: (949) 355 9661 Fax: (949) 265 2599 i jwelty@laingluxury.com 2/19/2007 JOHN LAINGHOMES L U X U R Y MEMORANDUM To: Tom Ward, St. Francis of Assisi Catholic Church From: Josh Welty, Laing Luxury Homes Date: February 5, 2007 Subject: Conceptual Agreement of Shared Access Easement — La Quinta, CA Below is a conceptual draft of the agreement between St. Francis of Assisi Catholic Church and Laing Luxury Homes. Church agrees to provide a permanent vehicular and pedestrian egress easement for the benefit of Laing and its future residents over the subject Church property and a temporary easement to construct said road improvements. 2. Church may elect to have either Laing or Church construct road improvements as "Builder". 3. "Builder" shall engineer, design, process plans and obtain plan approval of the road improvements within the easement limits depicted in Exhibit A. 4. A road improvement budget shall be approved by both parties and shall be established as Exhibit B to the agreement. The budget does not constitute final costs unless otherwise noted. The scope of work for the road improvements includes grading, surface street improvements such as curb, gutter, sidewalks, street paving, signage, striping, civil and soils engineering fees, field staking and plan check and permit fees. 6. `Builder" shall be reimbursed for 50% of the actual costs by "Other Party". u13 Memo — Tom Ward February 5, 2007 Page 2 of 2 "Builder" shall obtain approval of road improvement plans within 2 years and shall begin construction within 3 years upon execution of this agreement. "Other Party" can exercise Self -Help should said dates not be met by "Builder". An extension for approval of plans may be granted with approval of both parties. 8. "Other Party" can elect to pay 50% of the road improvement budget in advance of plan approval and such payment shall satisfy its financial obligation under the agreement. 9. `Builder" shall provide surety and liability insurance for road improvements. 10. Laing shall cooperate with regards to property line issues between both properties. Agreed and Accepted on this day, February 5, 2007: Tom Ward St. Francis of Assis Catholic Church La Quinta, CA Josh Welty Laing Luxury Homes Page 1 of 2 Josh Welty From: Tom Ward [tward@stfrancis-Iq.org] Sent: Wednesday, February 14, 2007 9:48 AM To: Josh Welty Cc: Fr. James McLaughlin; dholden@inlandbusinesslaw.com; prest@dc.rr.com; slbucbouten@aol.com; jherman@mccomic.com; Joseph A. Irwin; vuksic@dc.rr.com; Martin Gentleman; mscuro@dc.rr.com; wallyduncan@hotmail.com; thedon@astound.net Subject: RE: Access Agreement Josh, The attached draft from you has too many details for now. As you know I am not authorized to sign documents relating to church property. That is reserved for the Bishop. What we are prepared to say is that conceptually we agree to grant Laing Homes the access to church property for purposes of egress to the future traffic signal at Washington Street. We expect that you will push hard for egress only. It appears Mayor Adolph is in favor of egress only with emergency vehicles having ingress. We can support that position. Of course, with the caveat, it is subject to the approval of the Bishop. We will recommend to him that he approve the proposal. We will work with you on the details of the access and what is necessary to complete that aspect of the project if the City Council approves your proposal. As they say "just so you know" the very minimum we would accept financially is the Laing Homes pays for the entire process (the road, our portion of the traffic signal, and any other funds necessary to complete that phase to our speciation's). This would include all of the items you mention in #5 on your draft. Per our discussion this morning we are prepared to meet with you, A.J. and MDS to discuss a grading proposal that our civil engineer, Wally Duncan presented to us at the Parish Building Committee meeting last evening. I understand you are available to meet this Friday afternoon around 3:OOpm. I left a voice mail for Dave Prest (he and John are in a seminar all day today) to see if that day and time are OK to meet with you. I also asked to determine that Wally Duncan be there as he is critical to the process. As soon as I hear back I will notify you. Tom From: Josh Welty [mailto:jwelty@laingluxury.com] Sent: Tuesday, February 13, 2007 3:26 PM To: Tom Ward Subject: Access Agreement Importance: High Tom attached you will find a simplified version of the conceptual agreement for access based on our conversation earlier today. Please call me if you have any comments or revisions, thanks. Joshua Welty Assistant Project Manager Laing Luxury Homes Mobile: (949) 355 9661 Fax: (949) 265 2599 r iwelty@laingluxury.com 2/19/2007 CAiN CVXVRV Homes _ February 19`h, 2007 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92247 City Council Members; Laing Luxury Homes would like to respectfully request additional consideration by the City Council of the City of La Quinta for the following Conditions of Approval for Specific Plan 2006-081, Tentative Tract 35060, and Site Development Permit 2006-873. The requested changes are listed below. 1. Amend Site Development Permit 2006-873 condition #10 to allow a 10-12' berm and fence height per the recommendations of the Architecture and Landscape Review Committee. 2. Remove Tentative Tract Map condition 26.A.1.e that requires a 12' wide class 1 golf cart path along Washington Street. 3. Add a condition that would permit flexibility for pad elevations through the engineering process. This allows pads near St. Francis to be raised and pads near Laguna de la Paz to be lowered as depicted on TTM 35060 Alternate 2 dated February 15111, 2007. 4. Revise the Site Development Permit condition 11that requires the redesigning of the three tiered retaining walls to add the language," or as approved by city engineer and community development director." 5. Add a condition that would allow the front yard setbacks for lots 1-11 to be considered from the back of curb. 6. Remove Site Development Permit Condition 9 that currently requires a six foot solid wall at the south boundary shared with Laguna de la Paz. Thank you in advance for your consideration of these proposed changes. Joshua Welty Laing Luxury Homes sic L.uxc D v m HoMLS 895 Dow Streit Suite 200 New -pal Beach. California 92060 Tel 9+9-265-2+00 Fax 90-265-2599 ww wldnlluxtinwom a cd �(U �b 0 cd 0 0 a bC;3 rn o � o x o U a a. a+ J b� j� r: i T i 1 , 1 1 1 FFO,, 1 W ill Laguna de la Paz Homeowners Association 48 300 Vista De Nopal La Quinta, CA 92253-2236 Office (760) 564-8864 Fax (760) 564-8867 Memorandum of Understanding The Laguna de la Paz Homeowners Association (the "Association") is a California nonprofit mutual benefit corporation that governs a community in the City of La Quinta ("Laguna de la Paz"). John Laing Homes (California), Inc., a California corporation, and WL Homes LLC, a California limited liability company (collectively, "Laing Luxury") propose to develop a project (the "Laing Development"), as shown on Tentative Tract Map 35060, adjacent to the Laguna de la Paz community. Laing Luxury and the Association wish to assure that the design of the Laing Development and the Laguna de la Paz community will harmonize and for that purpose and their mutual benefits agree and promise as follow: 1. Laing Luxury and the Association shall schedule frequent design workshops to work toward common goals and effective communication regarding design elements along the common boundary and/or visible from within Laguna de la Paz. 2. Laing Luxury and the Association shall work toward a mutually agreeable plant palette selection and wall design, if any, for areas along their common boundary and/or visible from within Laguna de la Paz. The final plant palette selection and wall design (whether along the common boundary or visible from within the Laguna de la Paz) shall be subject to the reasonable satisfaction of the Association. 3. Laing Luxury promises that it will not discharge any drainage from the Laing Development onto Laguna de la Paz. 4. Laing Luxury promises that it will not come onto Laguna de la Paz for any purpose unless given prior written permission by the Association. 5. Laing Luxury promises that all homes along or near the common boundary between Laguna de la Paz and the Laing Development (i.e., Lot 1 through Lot 11, inclusive) shall be restriction to only one story. 6. Laing Luxury promises that it will not remove or propose the removal of the existing perimeter wall along the common boundary between Laguna de la Paz and the Laing Development. However, if Laing Luxury receives a written request from the Association to remove or modify that wall or reduce its SD 2710410 height, then Laing Luxury will remove the wall or reduce its height in accordance with the written request at its sole cost. 7. Laing Luxury shall provide a draft of the Homeowners Association Design Guidelines for the Laing Development for review by the Association. As to those areas that are along the common boundary between Laguna de la Paz and the Laing Development and/or visible from within Laguna de la Paz, the Guidelines shall be subject to the reasonable satisfaction of the Association. 8. Laing Luxury shall provide a draft of the CC&R's for the Laing Development for review by the Association. The Association shall review the draft CC&Rs to ensure that they provide for the proper enforcement of the slope maintenance and aesthetics. In addition, Laing Luxury shall include provisions in the CC&R's that will require the approval of the Association before any material change to the property boundary design or to maintenance requirements within areas that will be maintained by any homeowners association organized for that purpose. Additionally, any amendment of those provisions of the CC&R's shall require the approval of the Association. 9. Laing Luxury promises to reimburse to the Association the attorneys fees incurred by the Association in connection with the review of legal documents provided by Laing Development, and all costs in connection with this letter agreement. 10. Laing Luxury promises that the pad elevations of the following lots will not be higher than the listed elevation: Lot 1 — 60.1 feet Lot 2 — 60.5 feet Lot 3 — 61.0 feet Lot 4 — 61.4 feet Lot 5 — 61.7 feet Lot 6 — 61.7 feet Lot 7 — 62.0 feet Lot 8 — 62.5 feet Lot 9 — 63.1 feet Lot 10 — 63.7 feet Lot 11 — 64.2 feet 11. Laing Luxury will request the City of La Quinta to permit the pad elevations within the Laing Development that are near the common boundary with Laguna de la Paz to be lowered, if practical, to improve the grade transition between the two communities. 12. Laing Luxury will request the City of La Quinta to amend the condition that `.. S13 SD 2710410 currently requires a 6-foot solid wall be constructed at the top of slope of the Laing Development lots to a low wall to minimize the amount of wall visible from Laguna de la Paz. The final design of the wall shall be subject to the reasonable satisfaction of the Association, as provided in item #2, above. 13. Laing Luxury will request the City of La Quinta to reduce the front yard setbacks for the homes adjacent to Laguna de la Paz to provide larger setbacks from the common boundary between Laguna de la Paz and the Laing Development. 14. Upon each transfer of the Laing Development or any portion thereof, and without further action by either party to this Memorandum of Understanding, this Memorandum of Understanding shall be binding upon successors and assigns of any of the entities making up Laing Luxury with the same force and to the same extent as it is upon the entities making up Laing Luxury. 15. In the event legal proceedings are commenced regarding the enforcement of this Memorandum of Understanding, the prevailing party in any such action shall recover, in addition to any relief granted therein, reasonable attorneys' fees from the other party or parties, which fees shall be included in any judgment rendered in such proceedings. 16. Each of the persons signing below represents and warrants that he or she is duly authorized to execute and deliver this Memorandum of Understanding and that such execution is binding upon the entity or entities for which he or she is executing this document. SD 271041 v1 IN WITNESS WHEREOF, the parties have duly executed this Memorandum of Understanding. "Laing Luxury" Dated: February ZO , 2007 John Laing a C I• or is Its: Dated: February Z0 , 2007 WL a C if a B : sfm0,' Its: 1//Cr (� Inc. TiJ2 ✓J liability company TW-fJ "Association" Dated: February d0 , 2007 Laguna de la Paz Homeowners Association, a California nonprofit mutual bene co tion By: fA1A Its: SD 271041v1 Laguna de la Paz Sign In Sheet February 20, 2007 STUDY SESSION LAING DEVELOPERS NAME: (PLEASE PRINT) 1. pdz1'�j 2. 3. 4.—f3d 5. 7 6r/ 6. 7. s. 9. 10. ZOW 11. 12. 13.�n 14. 15. 16. Jis ADDRESS: PHONE: ,5 �17 _q(ACqG �c -S-'1 7 L�-U- - q 14-- yjr/ el SS11 771--Co31-5Y J,rj '� C-)-i� 721-r9�� GURALNICK & GILLILAND, LLP ATTORNEYS AT LAW ATTORNEYS SERVING 74-399 HIGHWAY 111, SUITE M COMMUNITY ASSOCIATIONS PALM DESERT, CALIFORNIA 92260 TELEPHONE: (760)340-1515 FACSIMILE: (760) 568-3053 E-MAIL: WAYNEG@GGHOALAW.COM SENT VIA HAND DELIVERY Donald Adolph, Mayor City of La Quinta 78-495 Calle Tampico La Quinta, CA Tom Kirk, City Council Member City of La Quinta 78-495 Calle Tampico La Quinta, CA February 20, 2007 Terry Henderson, City Council Member City of La Quinta 78-495 Calle Tampico La Quinta, CA Lee Osborne, City Council Member City of La Quinta 78-495 Calle Tampico La Quinta, CA Stanley Sniff, City Council Member Doug Evans, Planning Director City of La Quinta City of La Quinta 78-495 Calle Tampico 78-495 Calle Tampico La Quinta, CA La Quinta, CA Re: Environmental Assessment No. 2006-573, Site Development Permit 2006-865 Applicant: CNL Desert Resorts L.P. for the La Quinta Resort Dear Honorable Mayor Adolph, City Council Members Henderson, Kirk, Osborne, Sniff and Planning Director, Mr. Evans: This office represents the interests of the residential communities of La Quinta Tennis Villas Homeowners Association, Santa Rosa Cove Homeowners Association dba The Enclave, The Enclave Mountain Estates Homeowners Association, and Los Estados at Santa Rosa Cove Homeowners Association (collectively "Adjacent Residential Communities"). For your consideration, the Adjacent Residential Communities will be negatively impacted in a substantial 323 GURALNICK & GILLILAND, LLP ATTORNEYS AT LAW Page 2 manner by the proposed water park project and for the reasons set forth below, we request that the City Council deny the Site Development Permit Application (hereinafter, "Site Development Application"): 1. The La Quinta Resort signature pool is a water park. Contrary to the initial report, the La Quinta Resort signature pool (hereinafter, "Signature Pool") is the redevelopment of approximately 4.7 acres, and not 7.4 acres, as indicated in the original Site Development Application. The addendum for the Signature Pool indicates that the redevelopment of the tennis courts will include a wave pool, 28 foot water slides, splash down pool for the slides, a lazy river that proceeds in a circular loop, a formal outdoor pool with terraces, private pool -side cabanas, a game room, as well as chase lounge decks which can also be used for banquets, conventions and other exterior night-time parties / festivities. Although there is no definition of "water park" within the La Quinta Municipal Code, common meaning in the dictionary (see attached Exhibit A) defines a water park as an area that includes water slides, splash pads, lazy rivers or other recreational bathing environments. Water parks in more current states of development also include such recreational amenities as a wave pool. Under the Applicant's present proposal, their Signature Pool includes all of these recreational amenities including water slides, splash pads, lazy rivers and a wave pool. Accordingly, we believe it's disingenuous to suggest that the redevelopment of the tennis courts will ultimately end up as anything other than a "water park" (hereinafter, "Water Park Project"). 2. The Water Park Project is too intense and is incompatible with the Adjacent Residential Communities / land uses in the immediate vicinity. At the Planning Commission public hearing on February 13, 2007, insightful comments were made by Planning Commissioners, Ed Alderson and Katie Barrows, concerning the impact of the Water Park Project on the Adjacent Residential Communities. Specifically, they were concerned with the potential incompatibility of the Water Park Project as it relates to the Adjacent Residential Communities and were further concerned with the lack of operational controls related to usage of the Water Park Project. The concerns identified by the two Planning Commissioners can and should be addressed by requiring the Applicant to resubmit its application as a Conditional Use Permit. We believe a Conditional Use Permit should address all aspects of operation including, but not limited to, usage of the Water Park Project during the entire year, use of an outdoor movie theater and its related operations, banquet / conventions and other night usage of the Water Park Project area for n n q V._`Y GURALNICK & GILLILAND, LLP ATTORNEYS AT LAW Page 3 parties and similar festivities as well as limitations on the volume and time for playing of any music / public address systems. None of the foregoing issues are addressed within the Site Development Application and should be addressed, along with further and substantial mitigation of the noise impact to be generated by the Water Park Project. We specifically believe and request deletion of the wave pool from the Water Park Project as well as relocation of the water slide to an area further away from the Adjacent Residential Communities. 3. The La Quinta Resort Specific Plan 121-E Amendment Number 5 (hereinafter, "LQR Specific Plan") requires a Conditional Use Permit for approval of any pool / spa and water park uses and further requires a Conditional Use Permit for any outdoor movie theater. Additionally, the proposed resolution to approve the Site Development Application and Environmental Assessment incorporate findings that are incorrect and inconsistent with the LQR Specific Plan. There are three proposed resolutions submitted to the City Council for its consideration and potential adoption to approve the Water Park Project. All three resolutions assume, and have recitals that provide, that the proposed Water Park Project is consistent with the LQR Specific Plan and that the Water Park Project can be approved based upon the Site Development Application. However, Chapter 3 of the LQR Specific Plan identifies the zoning and development regulations for the La Quinta Resort. For your consideration, the location of the tennis courts is considered Planning Area I within the LQR Specific Plan. Furthermore, the development standards for Planning Area I, as provided within the LOR Specific Planrequires a Conditional Use Permit for any water park and pool / spa uses as well as any outdoor movie theater. For your consideration, we attach hereto as Exhibit B the applicable Development standards for Planning Area I and invite your attention to Page 3.8 which provides: "*A single asterisk indicates an allowable use requiring approval of a Conditional Use Permit from the La Quinta Planning Commission." Furthermore, we also invite the City Council's attention to Page 3.7, Paragraph 4 wherein there are asterisks adjacent to proposed pool / spa and water park uses as well as theaters, live or motion picture - indoor or outdoor. Accordingly, the LQR Specific Plan mandates that if the Applicant wishes to pursue its proposed Water Park Project, it must re -submit its application in the form of a Conditional Use Permit and not as a Site Development Application as presently before the City Council. w GURALNICK & GILLILAND, LLP ATTORNEYS AT LAW Page 4 Further support for denial of the present Site Development Application can be found within the LQR Specific Plan. Specifically, on Page 2.11 of the LQR Specific Plan it provides: "The complete list of permitted uses and development regulations for Tourist Commercial land use within the plan boundary is established by the Tourist Commercial Regulations found in Section 3 of this Specific Plan. Additional Tourist Commercial uses are specified in the City of La Quinta Zoning Code Section 9.70-070 CT Tourist Commercial District and shall apply to Planning Area I unless specifically altered within the Specific Plan document." Since Chapter 3 specifically identifies that a Conditional Use Permit is required as a development regulation for any water park / pool / spa / outdoor movie theater, we again request that the City Council deny this Site Development Application. 4. Conditional Use Permits require findings that approval of the Conditional Use Permit will not create conditions that are injurious to or incompatible with other properties or land uses in the vicinity. We believe that it is most appropriate that any Water Park Project proposal be re -submitted to the City Council in the form of a Conditional Use Permit. We also believe a Conditional Use Permit permits the City of La Quinta to perform an annual review of any usage that would be in violation of any conditions imposed by the City Council. We also believe that there is a higher standard for approval of any such Conditional Use Permit, to wit, that the Conditional Use Permit will not create conditions that are injurious to or incompatible with other properties or land uses in the vicinity (as required by LQMC §9.210.020F(4)). 5. Conclusion. The adjacent residential communities have desired, and still desire, to be good neighbors and in that regard are willing to work with the Applicant to find a compromise between the business needs of the La Quinta Resort and the quiet enjoyment of the Adjacent Residential Communities. As an example, the Adjacent Residential Communities believe the wave pool needs to be deleted because it will create noise disturbances that will not be and cannot be mitigated. Additionally, the Adjacent Residential Communities request that the water slide be reduced in height and moved to a location further away from the Adjacent Residential Communities. Finally, we believe it is appropriate that, as part of the Conditional Use Permit, conditions be imposed related to the operation of not only the water park, but also use of the entire area for banquets, parties, social gatherings or any other similar usage. GURALNICK & GILLILAND, LLP ATTORNEYS AT LAW Page 5 In closing, the residential owners of the Adjacent Residential Communities seek your assistance to maintain the lifestyle and quiet enjoyment of their respective homes. We believe a compromise can be reached if the Applicant is willing to reduce the size and intensity of its proposed Water Park Project. We thank you for your time and consideration of the aforementioned issues. Sincerely, GURALNICK & GILLILAND i n behalf f The Enclave Mountain Estates Homeowners Association (91 residential units), Los Estados at Santa Rosa Cove Homeowners Association (40 residential units) and La Quinta Tennis Villas Homeowners Association (48 residential units) /ld — Enclosure: Exhibit A — Definition of water park; and Exhibit B — Development standards for Planning Area I requiring a Conditional Use Permit for a pool / spa / water park. UQ.UR. E 2007 W4 Answersx-om- water park Dictionary© water park n. An amusement park whose attractions include slides, fountains, and other recreational settings involving water. WiMpedia© Fun at a water park E3 A water park is an amusement park that features waterplay areas, such as water slides, splashads, spraygrounds (water playgrounds), Lazy fivers, or other recreational bathing environments. Water parks in more current states of development may also be equipped with some type of artificial surfing or bodyboardine environment such as a wave 000l or a FlowRider. 1 J 1 1j MRS La Quint Resort i A�, Approved by: Q Re �l�i ❑ Planning Commission �' `Ei City Council ,o l of ❑ Community Dev. Dept Initials LD i(tau• ase No. ICJ or- M, -4-;i _. RESORT & CLUB Exhibit '] With Conditions SPECIFIC PLAN 121-E AMENDMENT 5 Zoning and Development Regulations 3.1 SPECIFIC PLAN OVERLAY DISTRICTS A. Purpose To provide flexible regulations via the specific plan process thereby allowing the use of modern land planning and design techniques to create master -planned developments incorporating coordinated building design, integrated greenbelts, common and private resort recreation facilities (such as swimming pools, golf courses, etc.), emphasizing a separation of pedestrian and vehicular traffic, and an overall increase in residential and resort amenity. The specific plan overlay allows variations in residential land uses as provided by Section 9.40.030 (per General Plan Policy 2-1.1.9). Specific plan densities, development standards and other features must be consistent with the General Plan. B. Permitted Uses. The Resort Specific Plan specifies the permitted uses within the plan area boundaries defined within Planning Area I through Planning Area V. Uses are tailored to the individual site location within the plan boundary, the existing topography, and other characteristics and are consistent with the General Plan- C. Zoning Map Designation. The Resort Specific Plan specifies overlay zoning adopted in conjunction with approval of the Specific Plan document. Upon approval, the Resort Specific Plan is an integral part of the zoning for the property within the plan boundary and becomes the Official Zoning Map for the City of La Quinta. Property zoning shall consist of the base district symbol followed by the specific plan symbol in parentheses; for example,RM(RSP). 830 3A 3.1.1 Planning Area I MEDIUM DENSITY RESIDENTIAL (MDR) RESIDENTIAL SPECIFIC PLAN TOURIST CONIMERCIAL TC - (RSP) USES AND STANDARDS Within the overall plan boundary, Planning Area I encompasses development uses and standards for the Resort Residential grounds, Resort hotel grounds and uses as well as ancillary Resort Residential and supporting recreational uses and areas. Planning Area I of the Land Use Plan has, within its boundaries, two underlying zones, Medium Density Residential (MDR) and Tourist Commercial (TC). The existing Tennis Condos and associated common area and open space are within this Medium Density Residential area. As no changes are contemplated for this area by the LRSP, the existing La Quinta Zoning and Development Ordinance remain in effect for this sub -area ofPlanning Area1. A Residential Specific Plan TC - (RSP) overlay addresses residential land use within Planning Area I. This area is located east of existing Calle Mazatlan and south ofAvenida Fernando and includes the existing resort grounds. IV III II V_W VI S31 3.3 Tourist Commercial Tourist Commercial Building - Development Standards Development Standards for all other buildings other than residential structures within Planning Area I shall conform to the following standards. These standards apply to all land within Planning Area I designated TC-(RSP) east of (existing) Calle Mazatlan as described within the text of this Specific Plan. COMMERCIAL BUILDING DEVELOPMENT STANDARDS Min. Lot Size 1,200 sq/ft Min. Lot Frontage 35 ft. Max BuildingHeigbt 40 ft. Max. No. of Stories 3 Min. Setback from: Street or Parking Stall Curb 8 ft. * * Pedestrian Circulation Walks 2 8. Garage/Carport Setback 5 ft. or 20 ft. min. from street curb or pedestrian path/walk if garage/carport is provided as individual structure for specific unit on private or public street Min. Building toBuilding Setback Without Partial Attachment (SeeNote) 6 ft. With Parti al Attachment (See Note) 4 ft. Min. Interior/Exterior Side Yard Setbacks Oft. within same project Min. Front Yard Setback within same project 0 ft. Maximum Allowable Wall Height 10 ft. Note: Partial attachment of two buildings is made when an enclosed area having a typical interior function such as a hot water heater closet, furnace closet, or other essential use is attached to two otherwise separate buildings. Construction standards and fire ratings sblll meet U.B.C. requirements. *Not including flagpoles, chimney projections, bell towers, spires, or building projections that are nonessential to the functional space of the commercial building (i.e. bell towers etc.) * * Not including Carriage Units with parking stalls provided under the unit footprint. The following uses are permitted in the Tourist Commercial District ofPlanningArea I. 1. Retail Uses Retail stores under 10,000 4f1 floor area per business 2. General Commercial Uses Barber shops, beauty, nail and tanning salons and similar uses Resort serving uses such as travel services, photo developing, videotape rentals, shoe repair, appliance repair, and similar uses typically ancillary to resort hotel uses. 1 L 3 r V 2 L 3.6 Resort central cleaning facilities. *Resort maintenance plants and facilities. Printing, blueprinting, copy services and mobile office uses. Pet supplies and services. 3. Office Uses and Health Services Resort related general offices serving the on -going functions ofShe Resort. Guest serving medical clinics Health spa and clinics 4. Dining, Drinking, and Entertainment Uses *Poollspa and Water Park uses Restaurants, other than drive-thru Restaurants, counter take-out with ancillary seating, such as yogurt, ice cream, pastry shops, and similar Bars, taverns, and cocktail lounges Live entertainment as an accessory use to a Resort event. *Theaters, live or motion picture --indoor or outdoor 5. Recreation Uses Pool or billiard tables as accessory use (3 tables or less) Game machines, as allowed by local and state statute Golf courses and country clubs Tennis clubs or complexes Health and fitness clubs & Spas 6. Public and Semi -Public Uses Library and museum uses Parks, play fields, and open space Bicycle, equestrian and hiking trails Swimming pools Residential and Lodging Uses Townhome, *Timeshare, Single-family, and Multi -family residential uses in accordance with the Specific Plan Residential Overlay within this document. Hotel uses in accordance in accordance with the Specific Plan Residential Overlay within this document. 8. Accessory Uses Private parking lots. *Parking garages as an accessory use to residential and lodging uses. Signs in accordance with this Specific Plan. Antennas and satellite dishes. Portable outdoor vending uses (such as flower stands). Incidental products or services for employees or businesses, such as child day care, cafeterias and business support uses. 633 3.7 9. Tempormy & Interim Uses * * Interim event parking lots for events anticipated to extend over three or more days of use. Temporary outdoor event staging facilities. * *Temporary outdoor event staging facilities anticipated to extend over three or more days of use. On -site Construction and site guard offices. Relocatable buildings- * A single asterisk indicates an allowable use requiring approval ofa Conditional Use Permit from the La Quinta Planning Commission- * * A double asterisk indicates an allowable use on a temporary basis requiring approval of a Temporary Use Permit from the Lo Quinta Community Development Director. 834 I 3.8